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Susan J. Sacchetta

Susan Sacchetta’s Answers

25 total

  • Dental mini imp[lants. pins are breaking as if pins were made from faulty material. have two remaining out of five installed,

    one broke at time of insallation. portions of broken pins remain in jaw bone

    Susan’s Answer

    Your question is not clear. If you are asking whether you might have a claim there needs to be some investigation and you need to be within the statute of limitations.

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  • If my ex filed petition for custody in a different county, is it advisable for me to find a lawyer with in that county or mine?

    I am in disagreement with my ex on my daughter's future school plans. She is 4 years old and we share 50/50 custody. She will begin schooling next year, I live in a great school district, her mom in the other hand lives in a poor school district, ...

    Susan’s Answer

    If you share 50/50 custody pursuant to a custody order you will need to file in the county where that order was entered or seek to transfer it if neither of you live in that county any longer. If you simply share 50/50 custody by an agreement and the agreement is silent on which court has jurisdiction and you and the child have lived (at least during your periods of custody) in your jurisdiction for at least 6 months you can file in your county. However, you may want to determine which county offers the best procedural rules to fit your needs.

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  • Can I get spousal support in PA without filing for divorce?

    Husband has control of money. Barely giving me enough for food. Not paying bills.

    Susan’s Answer

    If you are living in separate residences and have not given your husband grounds for divorce and your husband's income or earning capacity is higher than yours you can get spousal support. If you are living in the same residence and you have little or no income of your own and your Husband has income but is refusing to provide for your needs you can file for spousal support and if you can prove that he has failed to provide for your support you may still be successful in a claim for spousal support. The law states that married persons are liable for the support of each other according to their respective abilities to provide support as provided by law. But note, support is usually only retroactive to the date that you file.

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  • I went to a custody conciliation conference in PA courthouse today. No court reporter or tape recorder. Legal?

    The conference was held within the Westmoreland County Courthouse. I am representing pro se, and my ex-husband and his counsel were in attendance as was the hearing officer. I was told by the hearing officer that representing pro se was (a) one st...

    Susan’s Answer

    Westmoreland County apparently utilizes an initial non-record proceeding such as a conciliation conference which is in keeping with the Rules of Procedure. If you did not reach an agreement at that conciliation conference, the conciliator is to notify the court that the matter should be listed for trial pursuant to Rule 1915.4-3. You may want to look at the local rules applicable to Westmoreland County to determine if you are required to take any other steps to get it so listed.

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  • Where do I get a copy of my divorce decree

    I am not able to find my original divorce decree. I do not have a docket number. I was filed in 2008 and need a copy to get remarried in June 2012.

    Susan’s Answer

    You may go to the court house and look up your information by name and then you can get a copy. It will cost you per page. You can also contact an attorney who can, in most counties in Pennsylvania, look it up on line and get the docket number for you. The court house keeps a copy of the decree so someone, you or an attorney representing you, will have to actually request it from the court and pay for the copy.

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  • Does the Obligee's unreimbursed medical expense deductible go away with 50/50 joint physical custody.

    I am the obligor and recently attended a support hearing in Montgomery County, PA; I was unrepresented by counsel. I was told by the Master that according to the law, since my ex-wife and I share 50/50 joint physical custody of our child, the o...

    Susan’s Answer

    The master may deviate from the guidelines relative to this issue, but the support provisions and calculations relative to a 50/50 custody arrangement already take into account that the obligee is responsible for the first $250 in unreimbursed medical expenses. Based upon various factors, the Master may have chosen to deviate from this when she decided that you would share in all medical expenses based upon your proportionate income.

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  • Will my spousal support end?

    November 30 2011 will make two years since the divorce was filed. My soon to be ex wife and I had an agreement made up saying that on November 30 the spousal support will end. I signed my part to everything but she hasn't and I haven't talked to m...

    Susan’s Answer

    No, it is not likely that the support will end. I assume that you are paying the support through a court order. Given that assumption, the support will continue to be your obligation until an Order is entered which terminates support or you are divorced. Divorce is not automatic after two years, there are pleadings that are required to be filed and if you have not resolved all of the outstanding issues (i.e. equitable distribution of property etc.) you will not be able to finalize the divorce without going to court. You can proceed without her consent if you file an affidavit indicating that you have lived separate and apart for two years, however the appropriate notification must be given. The length of time it will take to finalize the divorce if she does not want to agree to move forward is dependent upon the court's schedule after you file the appropriate pleadings. I suggest that you schedule an appointment and actually go in and meet with your attorney to discuss this.

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  • Can a visiter file for divorce in Georgia?

    Can my wife who is visiting the US from the UK file for a divorce in Georgia even though neither of us are Americans nor have working rights in the US? Does being in rehab count as residing in the US?

    Susan’s Answer

    Each state is different regarding the residence requirement for filing for divorce. In Pennsylvania, one of the parties must have resided within the state for six months before they may file for divorce here.

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  • My fiance pays court ordered child support to another woman. Can I sue him for child support also if he lives with me?

    My fiance pays court ordered child support. We just had a child together. Most of his earnings go to supporting his first child, leaving me and my child to go on food stamps and CHIP. Can I sue him for support also if he lives with me. Only my nam...

    Susan’s Answer

    You cannot file for child support while living in the same house. However, he may file a modification petition alleging the birth of your new child as a change in circumstance. Under current law in PA a deviation from the guideline support order may be warranted when a second family is involved. There is a formula that is used to determine whether a modification would be warranted. He should contact a lawyer and provide him or her with the necessary information to determine whether he would be successful. However, he needs to remember that it is only retroactive to the date that he files.

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  • PA child support laws

    IF A FATHER IN PA HAS JOINT MAJORITY CUSTODY AND HAS HIS CHILDREN 18 NIGHTS OVERNIGHT OUT OF A MONTH, BE REQUIRED TO PAY CHILD SUPPORT?

    Susan’s Answer

    If the father has 18 out of 30 overnights he is considered to have primary physical custody of the children. Typically this would result in his spouse being responsible to him for some child support (with an adjustment for anything over 40% of the overnights). However, there are cases which would still require Father to pay child support and it is dependent upon the income and/or earning capacities of the parties.

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