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Lee Oesterling’s Answers

19 total


  • I was in the hospital , when they removed my iv they broke a peice off in my arm, i gotta have it removed , is their anything i

    i can do for that,it's causing my arm to swell and give me alot of pain

    Lee’s Answer

    You may be able to sue for negligence depending on the circumstances. Our office handles these claims and I offer a 30 minute free consult. Please review my avvo profile and contact me to discuss your case.

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  • If a person's name is spelled wrong on paperwork, is the paperwork legal?

    My husband is a DJ and was due to play three dances for them. On the notification his first and last names are spelled wrong.

    Lee’s Answer

    If the person can be reasonably identified as a party to a contract, the incidental misspelling of their name is most likely insufficient to make the contract void or voidable. In fact, presenting such a defense is more likely to place your Husband in material breach of any contract he may have.

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  • I live in pa need help knowing how to finalized my divorce

    ive been separated from my wife since january of 2011 she refuses to sign the papers or give me an address so i can even send them to her noone wants to help me figure this situation out we have no children no assets together please help

    Lee’s Answer

    If your intent is to receive a mutual consent divorce under section 3301(c) of the Pennsylvania Divorce Code, your Wife's refusal to consent is enough to delay the Divorce for up to two years and beyond. There are many reasons why a spouse may not want the divorce to go through, which include but are not limited to unresolved property distribution, receipt of spousal support or alimony pendente lite and sometimes just good old fashioned spite. You may want to consult an attorney and not try to handle the matter yourself. Even no fault divorce in Pennsylvania can be procedurally complex and the money you believe you are saving by representing yourself may actually be better spent on getting the advice of an expert.

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  • Can i get child support if i know the man on my daughters birth records is not her real dad?

    we have been fighting about him signing off for the past 9 months, and he wont.

    Lee’s Answer

    Paternity issues are complex and involve very specific information to address. You should consult an attorney regarding these issues. I am an attorney in Cumberland County Pennsylvania and have represented individuals in paternity cases including matters before the Pennsylvania Superior Court. I would be happy to consult with you on this issue.

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  • He refuses to pay last child support/alimony payment

    my divorce agreement states that my ex will pay child support/alimony due the first of every month until my daughter turns 18 or graduates high school...whichever occurs later. my daughter turned 18 march 14th...but had her graduation mid June....

    Lee’s Answer

    You should hire legal counsel. If your Agreement is not through a Domestic Relations Section you can seek enforcement through the appropriate court in Pennsylvania. You can seek enforcement of both payments however, how they will be treated depends in part upon which method of enforcement is available to you

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  • Hello, I live in PA , My family and I have moved into an apartment aprox 4 months ago..

    Since we have moved in we have had alot of issues, The rent includes everything , heat ,water,calble ,sewer and electric... The place is very cold in the winter , apox 50 to 60 at best. the toilet leaks , and the water in the shower can go from f...

    Lee’s Answer

    Your question is more of a landlord tenant issue and is apparently listed improperly under family law. That having been said, you should consult an attorney regarding available options such as filing suit and or withholding rent under the implied warranty of habitability or doctrine of constructive eviction. You should seek counsel with landlord/tenant experience. You may want to call the County Bar Association where you live for a referral.

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  • Can I sue my biological father?

    I'm 22 in college my mother raised me my biological father denies me and never gave my mom a penny he lives in Puerto rico I live in Pennsylvania can I sue him?

    Lee’s Answer

    Your question lacks some additional information that would be necessary to answer. For one, did your mother ever sue for support? If not, why? How are you sure he denies you? Have you only been told he denies you or have you heard it directly from him? Most likely you will not be able to sue, however, you may or may not find a relationship with your father. I wish you the best of luck with this.

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  • What do i do if the father of my children does not go by the court order

    we went through a custody battle, and he is not letting me get them when its my time........... he want me to play by his rules.

    Lee’s Answer

    The typical remedy for disobedience to a court order is through contempt proceedings. Most states require that the contempt is the result of some type of willful or deliberate conduct on the part of the person violating the Order. You should contact your attorney or someone licensed to practice law in your State to discuss the remedies available to you.

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  • Can a judge order a man to take a DNA test to prove is he is the father of a child and is a violation of my rights?

    Can a judge order a man to take a DNA test to prove he is the father of a child after the woman's husband signed the birth certificate that he is the father of the child. And can I be ordered to pay support if I am the biological father even if th...

    Lee’s Answer

    The Court does have the authority to order DNA testing where paternity is at issue. Typically this is going to be prompted by someone raising the issue in a custody or child support proceeding. Paternity issues can be complicated, and while there is a presumption of paternity in some circumstances such as the existence of a marital relationship, there are also many means to overcome that presumption. The mere presence of a parties name on the birth certificate is not determinative of paternity. Another issue that may be pertinent is whether a final non appealable support order has been entered against the Husband. Since these cases are very fact specific you should seek out the assistance of an attorney.

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  • What is the meaning of have been sued in court for modification of custody of child/ren

    received an order today telling me that i the defendant, have been sued in court for modification of custody of the child/ren: My child what does this mean

    Lee’s Answer

    This means there is an existing custody order and the other parent feels that there has been a material change in circumstances that impacts the best interests of your child(ren) and he/she is therfore asking the court to conduct a hearing to modify the existing order.

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