Franklin Scott Swaney's Answers

Can I shutoff the tenants water?

You have given adequate notice on the utility shut-off. Unless shutting off the water would cause some sort of life threatening situation, then you are basically in the clear. Is this a HUD property? Are they current on the rent and not just water/sewage? You were smart to contact the ACHD. If it is hud property, I would advise against shutting off the water, and would tell you to just file with the magistrate and start the eviction proceedings. Cutting off the water is considered "...

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Unpaid traffic citations from 1993...PA

This is actually a very uncommon situation then. Usually here in PA, if you don't enter a plea, they will just enter a judgment against you. Since there are no bench warrants, there may be a failure to prosecute issue (That is to say, that if for some reason he got lucky and a hearing was never scheduled, the tickets could possibly be dismissed--the state only has one year, generally, to prosecute the tickets). I've had clients in similar situations, and have spoken with a former Penndot...

We just rented a house and found out it was up for a sheriff sale. Can we get our security deposit back and get out of lease?

It depends. He has up until the date of the sheriff's sale to pay the back taxes and avoid the sale---the fact that it is up for sale doesn't, on its own, invalidate the lease. The neighborhood is irrelevant--because you knew where the house was when you rented it. Repairs are another issue-- because the question is whether or not the house is uninhabitable. Even then, your remedy wouldn't necessarily be breaking the lease--because he would have a reasonable amount of time to correct the...

Unpaid traffic citations from 1993...PA

If you do not show up and do not enter plea, you can be found guilty without being present under PA traffic law. There is a possibility there are bench warrants out on him, though this doesn't happen in all cases. In PA traffic tickets don't just go away, no matter how long---otherwise, no one would pay them. He is going to need to pay the tickets (and possibly penalties for contempt for failure to appear)-- After they are paid, then he can begin serving whatever additional suspension...

I want to get full custody of my son. My ex's family is behind me due to drug issues do I need a lawyer

Hi, There are two issues here. First- Is there a custody order in place? If so, keep reading. If not, you should consult an attorney. The main issue here is whether or not your ex will consent to a change in the custody order. If she will consent, then you may be able to proceed without an attorney. It really depends on how comfortable you are with drafting a new agreement and going to motions court on your own. If she is agreeable to a change, it would be possible for you to draft a...

I was divorced in 2002. I am to get a portion of my ex's pension. my ex's atty did not file the qudro as he was suppose to.

I am a PA attorney, so things may be different under OH law, but this should at least give you some idea of where to start. Is there anything in writing as to which attorney (more likely which Party) was responsible for the QDRO? Qualified Domestic Relations Orders, or QDROs, are most family attorneys' worst nightmare. Often, specialized attorneys draft these on sort of a subcontract basis (usually the client's attorney pays the QDRO attorney and just adds the amount to their own bill--...