Where do I stand as a father with mom and CYF?

Q: The mother of my child is hiding a wanted homicide suspect and has drugs out in the open. CYF goes in takes custody of my daughter. THE CYF lady calls me a day later tells me there is a shelter hearing. At the shelter hearing CYF said they don’t recommend me because my background checks haven’t come back yet. The judge awards me physical and legal custody anyway now they are basically bullying me into visits after mom threatened to take my daughter. Also, they are saying I have to do classes a “community conference” drug tests and a few other things. Do I have rights as a parent and person or do I have to go along with the show also can I fight so my daughter doesn’t go back to mom or is it up to CYF. (North Braddock, PA)

A: You absolutely have rights as a parent in the juvenile dependency action. You will do better with an attorney asserting those rights for you at the next shelter hearing or review hearing. There are not many attorneys who handle juvenile dependency but there are a few who know that system well. You may want to find one. If you are drug free let them test you as much as they want. Unless your clearances come back with child sex offenses or child lines, as a biological parent, you cannot be denied custody due to a criminal history. As pointed out by my colleague, you can file for custody as well. You can always go through Generations but you may want to initiate Family Division custody with a motion to your assigned judge.

Can someone plead an inconsistent theory in PA?

Q: I was served with a complaint which had several counts. How and where can I find out about inconsistent theories in a pleading? I must file an answer in 20 days. (Pittsburgh, PA)

A: In civil law, it is common to plead alternate causes of action in the alternative. Go to the Rules of Civil Procedure, Pleadings in title 42. For example, someone might include a count for breach of contract but in case they lose that argument they may also plead assumsit or quantum meruit in the alternative.

 

Do I need both signatures?

Q: I have been living in a mobile home with my mother for the past six years. She just recently passed away and the mobile home is in both her name and her ex-husbands. He wants to pay off the mobile home and sell it. Are both their signatures needed to sign the title over? (West Mifflin, PA)

A: You need an attorney to look at their divorce papers as well as the title to the mobile home. The divorce papers can be found in the Department of Court Records in the City County Building or you may be able to access them at the Allegheny County DCR website. Many divorces end with a settlement agreement which spells out each party’s rights in regards to property. If there is no such agreement, then the answer lies in how the mobile home was titled. If it was titled as husband and wife, it would have been held by the entireties (survivorship) up until the divorce. The divorce would have severed the entireties and then the mobile home by operation of law would have been held as tenants in common. Tenants in common is a joint interest with no survivorship. Therefore, if this is the case, the ex-husband and your mother’s heirs now own it. The ex-husband needs the signature of your mother’s estate. Again, the paperwork needs to be looked at before this advice can be followed.

My grandmother lives with me and I cannot take care of her anymore

Q: My grandmother lives with me I work a full-time job and no longer help to take care of her. She cannot make rational decisions and physically cannot take care of herself. She does own her own home. I have no POA. She will not let me help her with any of her finances. I take her to the bank and to pay her bills. She needs 24-hour professional care. I need help, how do I send her to a home if I don’t have any say so and cannot access her money. (West Homestead, PA)

A: I am sorry for your situation and understand the stress it can cause. You need professional help. I would contact her doctor to have her examined and assessed. Not only for her well being but for Also, see a lawyer about a guardianship-either plenary or of the person. If a guardianship is granted, the money to pay expenses comes from her estate and you won’t have to pay.

I’m not trying to go to jail. I have a family to support

Q: Am I looking at time in jail and with what my attorney says he can’t tell me for sure? I am looking at 10 counts of Receiving Stolen Property 10 counts of Theft by Deception-Fail to Correct. I live in Moon Township but my case is in the Beaver County Courthouse. This is my first ever criminal offense. My main objective is to avoid the jail. I can pay the restitution of the amount at 1400.00. The cop said because of me cooperating he would let the DA know. Also, I am an ex correctional officer and a veteran. My main concern is I wanna have good representation. Not to say anything bad about my attorney but should I consult with others as well? I’m not trying to go to jail. I have a family to support. (Moon Township, PA)

A: First, you should have this discussion with your attorney and be candid with him that you are not happy with his uncertainty of your case. Another attorney would need to know all the facts to determine what your options are. There is nothing barring you from speaking with several criminal defense attorneys. In Allegheny County, with no criminal record, the fact that you can satisfy restitution, and if the DA agreed, you may have some better options than jail. Has anyone mentioned ARD? An ARD disposition mean no conviction and if you completed the terms of your ARD probation, your record would be wiped clean. Whether Beaver County offers this is up to the DA, but I would inquire about ARD as well as a dismissal in exchange for payment of full restitution. It may be that your DA has decided not to resolve your case without a guilty plea. In that case, I cannot see why probation is not possible.

Aunt in nursing home, but owns a home

Q: My Aunt is in a nursing home in Westmoreland County. She still owns her home in Allegheny County but will not be able to return there to live. Can we keep aside some of her money to pay for yearly taxes and homeowners insurance? If so, how many years can we keep back? (Churchill, PA)

A: If she has enough money to pay for the home and at the same time afford nursing care, she can keep the home. I think your concern is whether this home can be maintained if your aunt should run out of money to pay for nursing care and need to apply for Medicaid to continue in her nursing home setting. Generally, there are planning tactics to avoid Medicaid recovery against the home but doing this at the last moment and not years before is basically too late. If she will need to apply for Medicaid because she has insufficient funds to afford nursing care, the home will need to be sold. However, you should only do so under advice of an elder law attorney versed in Medicaid to determine how the proceeds should be spent down to save as much money as possible for your aunt. Without knowing more, I can offer this. If you want to preserve the home, and she can afford it, do so. Whatever you do, do not have her transfer it to family or friend as a gift as this will render her ineligible for Medicaid. If she must sell the home, sell if for fair market value and keep records of everything.

Why am I not serving a 60-day license suspension?

 

Q: I have a DUI back from May/June. PennDot claims to have never received the case file from the court in November. I had to call PennDot and the Court multiple times to find out why I hadn’t received my 60-day suspension following my Hearing & ARD admission. PennDot never received the case information. I called the Court and had them resend the case information. Seven days later I receive two letters, one saying I have 3 points for careless driving and another telling me that my license will not be suspended. First offense, accepted into ARD, I had a .193 BAC. Why am I not serving a 60 day license suspension?

A: With a .193 BAC it should be a 60-day suspension unless you pleaded guilty to only a 3802 (a) (1) General Impairment. If you received ARD in Allegheny County, the summary offense, in your case, the careless driving, would have been withdrawn. It is weird. I would keep the letters for your records. Also, keep copies in the glove box in the event you are pulled over by the police. You could just roll with what you have. Or, you can call PennDOT, it is up to you.

 

Is there a centralized on-line data base to check civil judgments?

Q: Is there an online database for civil credit card debt judgments?Mail has been received from a collection company stating that I owe on a credit card that was charged off. I searched the court reference website and cannot find any record of a civil judgment against me. There is one note that records prior to 1994 are available but this would have made me 16 at the oldest. Can I find the judgment information in any other source online?

A: To check judgments against you in Allegheny County, visit the Department of Records in the City-County Building in downtown Pittsburgh, or, look on line on Allegheny County DCR. This takes care of Allegheny County. If there are judgments against you in other states and counties, there is no centralized data base that I know of. For that you may want to obtain a credit report.

Landlord is selling the building and enters my apartment without my consent.

Q: My landlord wants access to my apartment while I I’m not there, is that allowed? What are the rules/rights do I have?He’s selling the house, has been for 4 years, and keeps coming to inspect it to make sure it is ready to be shown. I only have a problem because he keeps coming in when I not home,(I’m single & have two kids that live there) even when I told he I need notice, he doesn’t care, he just texts and shows up. Not ever waiting for me to answer back, or when I do answer & tell him I not going to be there or that my teenage son is there by himself he comes in anyway. What are my rights?

A: The PA standard is “reasonable notice” for a landlord to enter a tenant’s apartment. Unless the lease specifies terms of entry to the unit by the landlord you are stuck with this standard. Reasonable is obviously subject to interpretation, so 2:00 am obviously is not reasonable. You should expect reasonable from this landlord. If he continues, send him a certified letter expressing your concerns and what times are best for you. You may need a copy of this letter some day of you end up in court.

Can a Landlord evict a Tenant for smoking inside the unit?

Q: I was told the tenant only smoked outside, not in the house. Found out that isn’t true. Is there anything I can do about this? I rent to a woman (A) who I was told is a smoker, but ONLY outside the premises. Her AA sponsor, we’ll call her (B), is financially responsible person for the lease and (A) is the only tenant. (A) has been in the house a few days and I discovered ashtrays filled with cigarettes during a service call. I called (B) and questioned the smoking and (B) said (A) smoked outside when (A) lived with (B), because (B) is allergic to smoke. I felt deceived. I trusted (B’s) statement. (A) is mad because she feels she pays rent/utilities and it is HER house and she can smoke if she wants. How can I go back to the “No Smoking” rule in the house, when it was a verbal statement, not in the lease? If (A) is paying (B) money for the rent that is subletting and not allowed by lease. What should I do?

A:   If the lease is with A or B and the smoking prohibition is not in the lease, you may have a problem evicting based upon a breach of contract or violation of the lease. You saying that you were told that A only smokes outside doesn’t really help as A apparently never made a verbal promise to you. Even if A told you directly, a court may view the lease contract as superseding any verbal statements. I would send her a letter by certified mail informing her that she is not to smoke inside the unit and will be held accountable for all damages including carpet, drapery and fabric cleaning and painting and any other treatments are needed to get rid of smoke. Inform her that damages will be taken from her security deposit and she will be sued if there is a balance owed. Perhaps this will cause a change in her smoking habits. If you really cannot tolerate the smoke, which is understandable, go through with the eviction process with the understanding you may lose money on this deal.