Stephen J. O'Brien's Answers

Age child can choose where he wants to live.

For minor children, the courts will look at the best interests of the child. The best interests of the child may be opposite of the child's choice, but the Court will not leave the decision to the child. The older the child the more credible the Court can consider their testimoney regarding their reason or rational for the choice of parent. But generally, parents and children can be manipulative in the decision and the Court will need to agree that the best interests of the child are served...

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Are all tax records relevant in calculation loss of earning potential of a respiratory therapist?

Earning potential can become a factor. We utilizes experts for many phases of personal injury litigation, including income loss projections. If you are interested, please call for a free consultation. If you already have a lawyer then talk with your attorney about how income loss will be projected for settlement purposes and if the case goes to trial. Stephen J. O'Brien, Esq. 412-788-7560

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Property rights for Pennsylvania

Looks like a mess. But, what the landowners' are likely to be responsible for is a claim for the value of the house, based on a claim of quantum meriut. meaning that they have to pay for the value of the improvements. Their response is that the house that was on the property was fine and could be repaired. additional details can be important. At the moment I would send the Aunt a registered letter stating that she is being evicted from the property unless she continues the arrangement to...

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Can utilities and taxes be deducted from the inheritance tax return?

Yes. From my experience, administration costs for care of the property are permitted for up to one year.

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Child custody stipulation agreement

The courts encourage the parties to resolve disputes between themselves. The parties will simply write up a consent agreement or sign a consent order. I would suggest that he and the child's mother set forth in writing what they agree upon, a schedule for when the father will have custody of the child. Typical arrangement is every other weekend and one night during the week. This can change based upon the age of the child and the disruption caused by travel, etc. But once the parties agree...

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I returned a used car that I bought to the dealer can they sue me for the balance even if they have the car

Generally, the answer depends on several factors: such as: - How long did you have the car; - What were the terms of the purchase agreement; - What were the terms when you turned the car back in and the seller accepted the car back.

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What are possible consequences if a land easement is not on the deed

In the purchase of real property, You must conduct a title search to reveal if there exist any clouds on the title. The cloud is the existing easement. Standard deeds contain language that subjects the property to prior recorded conditions. The following clause is an example: UNDER AND SUBJECT TO and together with all matters set forth in the Declaration for the ________ Condominium, as recorded in the Office of the Recorder of Deeds, ________ County, Pennsylvania, in Deed Book Volume...

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Under PA employment laws, if fired does employer have to pay employee until paperwork is final

Pennsylvania follows the principals of "employment at will" which applies unless you have an employment contract or are protected by a collective bargaining agreement (CBA), in which case the employment contract or CBA will likely address termination. Assuming that there is not an employment contract or CBA, then payment for wages ends as of the date you were fired or terminated, eventhough you received nothing in writing. When applying for unemployment you should state what reasons you were...

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How do I get full custody with no money?

You should refuse to allow him custody until a consent order is entered with the court. If he has had drug issues in the past then require him to prove he's clean now or only allow supervised vistitation. Go to your local county's family division for help. Also, you have primary custody now, assuming your son is living with you. keeping your son from seeing his father won't happen unless you can prove danger to your child from such contact. But, he may not be interested in supervised...

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How can I determine if any current liability exists 11 years after the foreclosure of a property?

Do a title search, such will indicate if there continue to be any civil judgments against you on the property. In Pennsylvania, a judgment is initially good for 5 years, then it must be refiled, it is good for 10 years before it has to be refiled again. If it is not refiled, it may be refiled later, but will lose its creditor position it had and take on the status of being a newly recorded judgment.

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