Category Archives: Blog and FAQ

Can we marry if he is on federal parole and I am on state probation?

Q: Can I being on Probation and house arrest marry my fiancé who is on federal parole? I am on house arrest for my 3rd DUI. He came home 6 months ago from the Federal prison. Are we still able to get married and if so how do we go about it the correct way without getting into extra trouble. (Coraopolis, PA)

A: Sounds like you have some common bonds. I can’t think of anything that would legally prevent your marriage unless it violates the terms of either of your probation about not associating with each other. If it is not specified in the written sentencing order or probation condition documents, the probation officer can still object to you cohabiting due to a history of drugs, domestic violence or other criminal behavior. In that case, you can might be able to put a motion in front of the judge asking that such condition be lifted.

I have my boss on video calling me a liar

Q: I have video footage that my boss called me a liar and that he is willing to do anything to get me disciplined. I am a union bus driver in the City of Pittsburgh. About a month ago I was spit on by passenger a few days later the passenger’s friend who had calmed her down when I threatened to call the police called him claiming that I called the first woman a cow there is no proof one way or the other than the fact that the woman who sent into complained her story does not match up with the video footage mind you there is no audio and so because there is supposed discourteousness towards a passenger I was given three years-probation on a written warning I videotaped the hearing without my boss and knowing and came to find out he thinks I’m nothing but a big liar and states in the video that he has no proof and then because I failed to mention the last thing that she had said to me before she spit on me in the hearing but I had in my written statement he’s claiming that it’s probably fraudulent on my behalf. (Pittsburgh, PA)

A: This is hard to follow as written. Your video tape obviously has an audio track. This was an illegal recording if you have audio. PA is a two- person consent state. You can be charged criminally for this. I suggest that you be extremely careful in using this tape. You should speak with an employment discrimination lawyer before you do anything.

What can we do about hoarder neighbors who cause roaches?

Q: For the last couple of years we have had a neighbor trash hoarder. The trash never leaves the porch. (This time it’s been since October since being moved) They have a dog in the house that never comes out to potty, so it goes in the house. They have rotting food on the porch. The roaches at night you can see in the thousands. My husband has made it a ritual to spray every couple of days. Sometimes you can kill up to a hundred coming in at my front door. The roaches carry diseases and I have an 8-year-old daughter. I’m at my wits end with this situation. (Pittsburgh, PA)

A: This sounds like a public health issue that is the responsibility of your municipality to remedy. If it is as bad as you say it is, your first call should be to the local zoning code officer. Ask him to come out and assess the situation. I am not sure of the exact procedures with your local ordinances but normally, the code officer will assess the situation and talk to the home owner. The zoning officer normally issues a citation which cites what codes are being violated and gives the property owner so many days to clean up before the hearing. You can also go to your municipal council meeting and complain if nothing is being done. You can also involve the police who will likely refer you to the code officer but may also make a referral to a mental health agency, so a home visit can be done for this person. You must be proactive.

Can I sue an organization who claims to be my husband’s guardian?

Q: This organization along with the Department of Aging said they were guardians and had a POA over my husband. They said he was financially abused which was untrue. No paperwork, nothing in courthouse. So, what do I do since they probably fudged the taking of him and placing him in a nursing home? He wants to come home and says that those people do not even come to visit him. The one organization which is led by these women who become guardians for a living. They take his money each month from social security. What should I do? (Export, PA)

A: This didn’t happen overnight. It seems you are just becoming aware of this which is odd. You should have been contacted originally when he was taken in to care and served with the guardianship petition and notified of the hearing. Normally, no one can fudge court orders, stick a person in a nursing home and take their money. You need to investigate the situation. You can go to the county probate clerk’s office and look at the file. If there is in fact an appointment of a guardian, there should be a petition and order inside the file. If you don’t understand the documents, you might be able to get a probate clerk to help you, but they cannot give you legal advice. At least from the file you can find out who in fact the appointed guardian is and who the attorney appointed by the court to represent your husband is. You can then investigate matters further. If you qualify to be his guardian, you can hire a lawyer to petition the court on your behalf.

What will happen?

Q: My Father is in his late 50s and not in the best health. He inherited my grandmother’s property some years ago. His girlfriend somehow signed her name onto the deed of the house during the transaction. My Father says he was unaware of. I’d hate to see this property go to this girlfriend if something were to happen to him. I asked him about a will and he said that’s not something a son should ask their parents. So, if my dad passes away, does the property and everything on the property go to the girlfriend because she’s on the Deed of the house? (Murrysville, PA)

A: I don’t know. I suggest having an attorney look at the deed. It should be on file in the Westmoreland County Recorder of Deeds. If her name is on the deed as an owner, she has some interest in the property. If she is a tenant-in-common, she will own a divisible one-half interest with your father’s estate when he passes. If she is a joint tenant, with survivor rights, she will own the entire property when he dies. If there is no mortgage or liens, she will own it free and clear. As far as trying to rescind the deed with the argument that she somehow got her signature on the deed without his knowledge, that usually is an uphill battle. However, an attorney examining the deed can determine if it was legally executed, discuss your father’s competency at the time and perhaps shed some light on the situation for you.

How does a mother can control a 16-year-old son?

Q: This child has been in court system for a year due to pot use and several crimes against property. He fathered one child and supposedly girl friend is pregnant with 2nd. He is living with mom and 3 younger siblings. She feels he is treating her and them poorly and before he creates more havoc, she could like to see him on his own. He had a job paying $400 a week and was living with girlfriend and her parents. He is “off paper” in October. (Pittsburgh, PA)

A: So, apparently, this child was adjudicated delinquent and his juvenile probation case is about to close. So, on a scale from 1 to 10 he is not that bad if he successfully competed probation, but he is disruptive and abusive at home. You can try counseling. If that doesn’t work you may want to look toward filing a dependency complaint in Juvenile Court. If he is disruptive to your home to the extent he is not welcome there, he might be using drugs and is not attending school, a court may adjudicate him to be a dependent child. If this happens, the court will have jurisdiction over him and force him to comply. To inquire about filing a dependency action, you can consult with CYF or call the police. You can also consult with a lawyer who handles juvenile law.

Can she use text messages against us in court?

Q: We were doing a landscape job, the customer was always texting and threatening. After 7 days she once again flipped out. She ripped everything up. She texted threats to show up at his family and friend or have someone else show up. The police are charging her with criminal harassment. She sued in civil court. The judge told us we are not to bring anything up about the criminal case. She presented only the text messages that showed her in the best light. We couldn’t show our texts because they are connected to the harassment case. She presented her time line based on her surveillance which includes audio. The job was in the back yard of her home and nobody was home. She was listening to private conversations the whole time as well as recording without our knowledge. PA is a two-party consent. We tried bringing that up, but the judge said that would be criminal and we aren’t discussing that. Police and DA said it is not criminal because the law hasn’t caught up with tech. We wanted punitive damages, under Intrusion upon seclusion. Be we can’t be heard at all. I am so confused. We lost the civil badly, our hands were tide. What are my options, if any? (Pittsburgh, PA)

A: My advice is to appeal from what sounds like a District Justice award? You have thirty days. Once you file your appeal in Civil Arbitration of Allegheny County, she will need to file her complaint again. You will be able to file an answer to that complaint in which you raise your defenses. There was a decision this year handed down by the Superior Court of PA which makes it very difficult for a party to admit text messages in a hearing without proper authentication. You may benefit from this law. I would pursue the criminal case. You should contact a lawyer to help you with the appeal.

Can I use a doctor who lost his license?

Q: I asked this doctor to be my primary care physician when I had an abscess from Diverticulosis. He then got be hooked on prescription pain pills. I just read that he was running a pill mill. Can I use him? (North Versailles, PA)

A: There is a lot of that going around. Can you use him? You can treat with a witch doctor if you wish. The problem is that if his license has been revoked, it will be a crime for him to “practice” medicine. If he continues to do so, out of his house or car, or whatever, you do so at risk. You could end up as a witness against him in a criminal prosecution or being hassled by the police or the state licensing board.

How does a wife reverse a court ordered guardianship?

Q: My mom asked the court if she could be a guardian over her husband because he was taking money out of the bank and misplacing it. He was making bad buying decisions etc. He was also very sick at the time and needed to seek medical attention, but we were unable to get him to go to the hospital. He is now staying in the basement of my mom’s house and we all take care of him. She was granted guardian over my dad but then she does not like the fact that she has to ask the court every time she has to make decisions for my dad, such as paying for certain things for him, writing end of the year reports, etc. They have been married for almost 60 years and she feels like she should not have to asked permission for every little thing. How can she get the court ordered guardianship reversed? (Pittsburgh, PA)

A: If a person does not want or cannot serve as a Guardian, a substitute or successor Guardian can be appointed. I assume a lawyer assisted your mother in being appointed Guardian, so my advice would be to contact that lawyer and ask if he can file a Petition for Successor Guardian.

Does ATF need to be present if the loan holder closes an account?

Q: My sister is ATF on my father’s account and my father is thinking of disrupting our inheritances now before he passes away. Does she need to be present for him to do so? (Uniontown, PA)

A: I think calling in the ATF is a bit drastic. I am not sure what “ATF” means to you. I associate it with the Federal Bureau of Alcohol, Tobacco and Firearms. If you mean, POA as in Power of Attorney, I can answer your query. The person who appoints an Agent to act on his behalf under a POA is called the Principal. Generally, the Principal (in your case your father) can do as he pleases even after they have appointed someone as their Agent (your sister) on a POA. If the person is declared disabled or incompetent, then the powers of the POA come into effect.