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David M. Axinn

David Axinn’s Answers

619 total


  • Can a judge/lawyer request that you seek marriage counseling prior to getting a divorce?

    My husband left me nearly a year ago, and was involved in an adulterous affair almost from the time he left. In the beginning we still conversed daily, and saw each other a couple of times a week. Prior to him leaving I was diagnosed with breast c...

    David’s Answer

    Yes. After a divorce is filed, either party can request marriage counseling, and a Judge can order up to 3 sessions.

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  • What are my options?

    My wife who is bipolar, file a pfa against me which i accepted. We are allowed contact about child custody and moving her stuff out it been 6 month and alot is still here. She texted about the kids before and me her lots of details to work out w...

    David’s Answer

    Although I agree with the previous answer about vacating the Order, I will add that so long as the Order is in effect, you must obey it. Even if she initiates the contact, you could be held in contempt of court for talking with her. Some Orders permit some contact limited to matters concerning the children, but I would be very cautious about that. If you have questions about what is permitted by the Order, you should sit down with an attorney who can go over it with you.

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  • Am I going to go to jail? Can they impose mandatory rehab?

    I was pulled over 2 months ago for almost rear ending someone while pulling away from a stop light not wearing seat belts and no insurance. 2 days ago I was taken into custody (released until blood tests and court date) for dui. I know I will tes...

    David’s Answer

    Whether you qualify for ARD depends on how old prior ARD was, and also is within the discretion of the District Attorney. You will most likely receive a Criminal Complaint in the mail, after they have the results of the blood test.
    You should sit down with an attorney to discuss your options, including the alternatives available to you if you do not qualify for ARD.

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  • We are being sued for one that is since 2007!! How can they do this!!

    It was a PC an we had to close our doors an husband had back surgery that went bad anis now disabled an on social security disablbility income an we can't make payments! So how can they come after us!

    David’s Answer

    You didn't provide enough details to determine what type of debt this is. I can say that there is a statute of limitations, which means that a creditor has a limited amount of time to sue someone. You should sit down with an attorney as soon as possible to discuss the facts of the case, and decide on a course of action. If they have sued you in court, you have a limited amount of time to file a response.

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  • How do I find a lawyer who can help, He said his mother told his younger brother that they will never see me again.

    I am a grandmother of 2 boys ages 12 and 8. The father of these boys was my son. He died in Sept of 2010. The mother since has married a guy and has 2 kids with him. The guy she married has hit my eldest grandboy and I have a court order that stat...

    David’s Answer

    You should sit down with a family law attorney and discuss the situation in detail.

    Since you have a court order, you can file a contempt petition to enforce your visitation rights. You might also want to discuss the question of seeking custody of the child, which is a more difficult procedure, but might be possible.

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  • Can the attorney general lie? How is the boyfriend involved and being arraigned? Can we claim ignorance?

    My girlfriend was in a very minor vehicle accident with no other parties involved. She tried to make a claim and found out she had no insurance. She got progressive insurance and made a claim, now they're pressing charges for insurance fraud when ...

    David’s Answer

    You should retain an attorney ASAP. Insurance fraud is a serious charge, and you should discuss it privately with an attorney. If you cannot afford one, you should contact the public defender's office.

    ARD is a good option in many cases. It is limited to first offenders, and allows a person to be on probation for a period of time, do some community service, and if they complete the program, the charges are dismissed, with no criminal record.

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  • I WOULD LIKE TO KNOW ABOUT COURT APPOINTED VISITATION RIGHTS FOR GRANDPARENTS

    I NEED HELP GETTING TO SEE MY GRANDDAUGHTER WHO I HAVE HELPED RAISE SINCE SHE WAS BORN

    David’s Answer

    In Pennsylvania, grandparent visitation can be ordered where the grandparent when one of the child's parents is deceased, where the parents are separated, or when the child had previously lived with the grandparent for a period of at least 12 consecutive months. As in any custody case, the grandparent must show that visitation is in the child's best interests.

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  • Is it better to file for social security benefits on my own or see a attorney first?

    I fell and broke my lower right leg 4 years ago . It was a very severe spiral fracture and have 5 screws in it . The surgeon told me at the time it was inevitable that I would get arthritis in it. I am a union carpenter and have been for 30 years....

    David’s Answer

    You can do it either way: either file yourself, or have an attorney assist you. If you have already stopped working, I would encourage you to start the process, as there is always some delay with the Social Security system.

    One important question is whether you are able to work on a full time, consistent basis, within a normal work schedule; the job of a carpenter is obviously harder than playing golf.

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  • Are they allowed to ask for more than what I make a month?

    I'm in credit card debt. Two of my outstanding credit cards are through the same recovery company. They have sued me for both of them. One is being paid with monthly payments. The other one I just got served papers today. I don't make much money w...

    David’s Answer

    The good news is that they cannot garnish your paycheck for this type of debt. As others have pointed out, they can do other things to collect, if they have a judgment. You should sit down with an attorney and discuss various options, including defending the suit, negotiating a settlement or filing a bankruptcy petition. In Blair County, you will probably receive a notice about credit card court after the papers were served on you: this is an important hearing: if you are trying to defend or settle the case you should talk to an attorney before that date.

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  • Can this be accomplished? If so, how can this be done?

    I want to adopt my girlfriends three children after marriage whose birth father in incarcerated for a year and will remain for the next 15 years.

    David’s Answer

    I agree with the previous answer: the adoption can happen. If the birth-father does not consent, then you would need to terminate his parental rights through a court petition. Although a father does not automatically lose his parental rights because he has been incarcerated, the trend in court decisions over the last few years is in your favor.

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