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Pennsylvania Questions & Answers
1 Answer | Asked in Criminal Law for Pennsylvania on
Q: The witness who is testifying against me is a lier anuses drugs normally...is he still a creditable witness????

Hes is the victim of my case

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 14, 2020

Depends on what he is teatifying to. Credibility has a lot of factors made to base it off of. There is sinply no way to answer your question without a more thorough consultation.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I get the video footage that is being used as evidence against me that The officer obtained from local buisiness?

I am being charged with disorderly conduct Hazardous/ Physical Offense(M3). which I just found out about by receiving a summons in the mail? I dont have representation at this time but I would like to get a copy of the video footage this officer claims to have as evidence as soon as possible.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 14, 2020

In summary cases there is no real authority that grants discovery. That being said where it is available judges often can order it. You can write a letter to the court requesting discovery and make sure you serve the police department. Dont reference the facts of the case, make admissions or... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Pennsylvania on
Q: I believe there was false statements made about me back in 2010 after loosing my job,is there something i can do now

I believe im still being pursued because of this by the authoritys

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 14, 2020

When you say you are being pursued, do you mean there is a warrant for your arrest? You can check this on the UJS portal. 8 years is a long time to leave a case open unless the allegations are very serious. You should have a confidential consultation with a defense attorney. They should be able... Read more »

1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most probably researched the... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: Is it legal for grandparents to bully a single mom into signing over partial custody of her child to them under threats

My sister got pregnant and her boyfriend died from OD. His grandparents asked my sister to move in and offered her fancy cars and concerts. She moved in, had the baby, and is now struggling to stay sober. She has maintained FT employment and paid for everything. They let her live in their attached... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

Your sister should contact the Reading Office of MidPenn Legal Services (presuming she is located where you are, per your question), and schedule an appointment with someone there to go over the "agreement" and her legal options. The contact information for that office is here:... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm selling a property and the buyer agreed to make the closing on or before February 2nd. But she wants to delay it.

[deleted]

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

I'll be frank with you: if you want an experienced attorney to review a contract for you, you're going to have to pay for his/her time to do so. Probably a few hundred dollars when all is said and done -- and well worth it to have competent legal advice. I'd be surprised if any attorney here... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Pennsylvania on
Q: How to go about getting custody of my nephew in Md. His parents are in jail and he's with children services we live in P
Penelope A. Boyd
Penelope A. Boyd answered on Jan 13, 2020

You should consult with a Maryland attorney. Although you live in Pennsylvania, Jurisdiction over children is governed by the residence of the child. Presumably, an attorney who is familiar with practice where you nephew resides can help you. A lot will depend on the children's services agency... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I had important papers sent to my mom's and she threw it away and now there is a warrant out for my arrest since then.
NiaLena Caravasos
NiaLena Caravasos answered on Jan 12, 2020

You need to hire a criminal defense attorney and get this taken care of asap before you get picked up and detained.

(Please note that this answer does not constitute legal advice nor does it establish an attorney-client relationship.)

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Q: Immigration question here! applied almost 2 years ago to sponsor my parents for a green card, had interview in 2018

Parents are from iran. They recieved a green 221g slip and been put in ap for the past alost 2 years. Got an email 2 weeks ago telling them to attend the embassy to submit passport, ds260, and a new medical exam. Also told me in the email that my parents can only visit on a Monday at 2 pm. Was... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Jan 11, 2020

That’s certainly a good sign. All they can do is comply with the instructions and see what happens.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Do you need a lawyer to subpoena a witness to court
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 9, 2020

Depends on the court. The short answer is no, you can do anything an attorney can. The problem really lies in who you are subpoenaing. If its someone who shouldnt be subpoenad the judge may not enforce it. Additionally, if its a victim of the crime it could be viewed as harassment.... Read more »

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1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Do I have to appear in court as a legal heir on a foreclosure if I don't want the house? Do I even need to respond.

The house in in Chicago, IL and I live in Philadelphia, PA if that matters.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 8, 2020

If you do nothing, the court will enter a judgment by default against you and any interest you may have in the property to be foreclosed. In PA, DE and several other states, a foreclosure is an "in rem" proceeding, limited to foreclosure and sale of the property, and does not initially determine... Read more »

1 Answer | Asked in Bankruptcy and Family Law for Pennsylvania on
Q: Can a judge put me in jail for back alimony even though I am in a chapter 7 bankruptcy

The Back alimony is from last year when it ended and my 3 minor children live with me that judge said he doesn't care and that would put me in jail if I did not pay two days in bucks county pa

Timothy Denison
Timothy Denison answered on Jan 7, 2020

Yes. Bankruptcy does not stay actions on enforcement of support or maintenance.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was charged with theft by unlaw taking. Will I do jail time.
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 7, 2020

As a practical matter there is no way to meaningfully answer this question. The problem is we have very limited facts regarding the case and/or your prior criminal history. Can you go to jail? Sure, any misdemeanor or felony in Pennsylvania anticipates jail time. Will you go to jail? Depends... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: When you get a mortgage in PA, is the mortgage company always listed on the deed
Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 6, 2020

No. The mortgage is recorded and is indexed on the property and the person who took the mortgage on the property.

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: Was my dad's Income Only Medicaid Asset Protection Trust a good idea? Need to use trust income to pay for elder care.

About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 4, 2020

Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: My landlords just informed me today that my rent will be more than doubling with the renewal lease. what can I do?

They told me it is because my rent was a special rate at the time I signed the lease. However the realtor and the rental company failed to disclose this information before I signed the lease. My rent is now going from 1250 to 2725. Is there anything I can do?

Nellie T Schulz
Nellie T Schulz answered on Jan 3, 2020

Not much you can do, except move out. If the rental market in your area for tenants is not good, you may ask the landlord for a short term renewal for a few months so you have some time to find a new apartment. Make sure it’s a “ renewal” as opposed to an “extension” because a... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a trial was postponed how long do they have to reschedule it?
Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

It's pretty much up to the court, but they'll certainly try to reschedule it before your speedy trial rights attach. Typically, the Commonwealth has 365 days to bring you to trial from the day you were charged -- but some days may not "count" for purposes of a speedy trial (like all the days you... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: My wife and I agree on a divorce and are curious as to how the process will work in PA.

I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: my kids father is trying to decrease his child support order but I just saw he rented out an apartment for $1200.

Will that help my case? Also he we have a custody agreement that he doesn't abide by and he sees the kids once a month instead picking them up every other Saturday.

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

If he owns the property that was just rented, the $1,200.00/mo. rental income could possibly be counted as his income for purposes of calculating child support. If the property is owned by a company, however, the lines are more blurry. Definitely bring it up to the hearing officer.

Your...
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1 Answer | Asked in Business Formation for Pennsylvania on
Q: Can I start a home beer and liquor delivery service in Hanover, Pa.?

I want to run the operation from home at first, and hire local people to pickup and deliver. I'm sure I can't stock my own because of the liquor licenses around here. They're scarce.

Michael Cherewka
Michael Cherewka answered on Jan 2, 2020

This is not a question you are going to get answered in such a short space. PA has a complex and fragmented liquor law, and beer is treated separately from wine and liquor. Further, there are also separate laws if you brew your own beer or make your own wine. Licenses/permits are required for... Read more »

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