Mariah Balling-Peck ESQ

  • Criminal Law, Divorce, Domestic Violence...
  • Pennsylvania
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Summary

To sum me up....I care about the lives of the people who call me. Every person is unique and their needs are paramount to me. I'll never treat a person like a piece of paper and it's one of the reasons I don't like the legal field and what I see happening to it anymore. Commercials/ Billboards. The lack of caring between the attorney and client...the personal dynamic is getting lost so much out there. Not with me. My practice areas include: Personal Injury - Wrongful Death, Car and Truck Accidents, Slip and Fall, Medical Malpractice; Family Law; Child and Parental Advocacy; Estate, Will, and Trusts; and other general areas of civil law.

Practice Areas
  • Criminal Law
  • Divorce
  • Domestic Violence
  • DUI & DWI
  • Estate Planning
  • Family Law
  • Medical Malpractice
  • Personal Injury
Additional Practice Area
  • Car Accidents
Jurisdictions Admitted to Practice
Pennsylvania
Federal Circuit
Education
Duquesne University
J.D. | Law - Juris Doctor
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Trial Moot Court; Published in Juris Magazine; Appellate Practice and Procedure
Honors: Phi Theta Kappa; Trial Moot Court Honor Society; Oral Advocacy
University System of Georgia - Valdosta State University
B.A. | Marketing/Journalism
Honors: Magna Cum Laude; Phi Beta Kappa Honor Society
Pitt University
MBA Studies - Not completed
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Awards
Recognition for Dedication in Legal Profession
Presidential Who's Who
Dedication to Excellence in Legal Profession
National Association of Professional Women
Professional Associations
Pennsylvania State Bar
Member
Current
Pa Assocation of Justice
Member
Current
Fayette County Bar Association
Member
- Current
PA Association of Justice
Member
- Current
Fayette County Bar Association
Member
- Current
American Bar Association
Member
- Current
American Association of Justice
Member
- Current
Publications
Articles & Publications
Desegration of the Georgia Jury System and Selection Process
Juris Magazine
Certifications
Notary Public
Pennsylvania Notary Public Association
Websites & Blogs
Website
Website
Legal Answers
11 Questions Answered

Q. What are the laws now?
A: A child can become emancipated in Pennsylvania with parental consent. Check with your local orphans' court for specific requirements and forms. You may also want to contact an attorney in your area.
Q. Can my daughter's father terminate his parental rights to only me?
A: No. Parental Rights can be terminated to others besides just the other parent. For example, sometimes grandparents have adopted children through this process. Other times, a couple who has never been able to have a child may adopt through the termination of parental rights process. There are numerous facts missing from the question, so it is difficult to respond more conclusively than this at this juncture.
Q. My stepson is being charged with theft from a motor vehicle,recieving stolen property and drug para.
A: He needs a good criminal defense attorney. He will be ineligible for ARD as he has used this up and there must be a 10 year lapse before he would ever be able to utilize the ARD mechanism again. A good defense attorney can try to get him a good plea, or if the facts warrant, take the case to trial.
Q. 85 years old would like to tansfer titile to my home to my children. will state still get if I go to nursing home
A: This also depends on variables. It is a good idea to transfer assets to your children while you are alive to lessen your tax burdens upon death. However, there is a catch to this. You must survive 60 months. Nursing home costs run about $7000 a month give or take and can wipe out a persons savings and make them ineligible for health benefits until they become impoverished or have a net value less than approximately $2000. The regulations are changing all the time and I would highly recommend that you make an appointment with an attorney who specializes in estate planning to get assistance and your affairs in order while you still can. I also always recommend to my clients that they prepare necessary medical directives and powers of attorney that can be put into place in the event that you should become incapacitated.
Q. Does your probation officer have the right to demand drug and alcohol testing if crime did not involve these things?
A: Absolutely. These are the terms of the probation. You can be in violation of the terms and conditions of your probation - liberty or street time - for failing a drug test, drinking alcohol, or committing another offense while on probation. You can check your specific probation terms for exact things you can and cannot do while on probation.
Q. What forms do I need to finalize a divorce
A: In Pennsylvania you will need for both parties Affidavits of Consent [which are that you agree to the divorce decree being entered], Notice of Waiver [of your right to a hearing], sometimes a Non-Military Affidavit [if not pled in the complaint], and a Praecipe to Transmit the Record [which directs the prothonotary to send the file up to the assigned judge for finalization]. This is a 3301[c] irretrievable breakdown divorce. After the 90 days have passed.
Q. What can my husband do to see his daughter after it was court ordered but is still denied his rights
A: This question is very vague. If he has rights to see the child through a court order, he should exercise those rights by visiting with the child. If he neglects to exercise his rights to visitation with the child, that is very disheartening for the child. If there is a court order and the wife is refusing to permit the visitation, there is what is called "contempt of court" where you file a petition with the judge handling the custody matter and seek immediate relief. If you are the estranged father with rights you need to get into court immediately for enforcement of the custody order. It is not unheard of for women in contempt of a court order to be sent to jail if this is an ongoing problem. I highly recommend if this is the case that you seek legal counsel immediately and get in to court!
Q. I been married 5 years, can she get alimony? I have a house only in my name, can she get any of this.
A: Yes, she could get alimony depending on variables such as your income and her income. For example, if your income is exorbitantly higher than hers, she could file for what's known in PA as Alimony Pendente Lite - or alimony pending litigation. This is very common where a woman has stayed at home and raised children or worked only part time. She may be unable to financially support herself through the divorce process. PA provides for this avenue so that the spouse can maintain their standard of living while the divorce process is going on. There are cases when alimony can cease once the divorce finalizes. There are also cases where a Master may be involved - or court - and award ongoing alimony to a spouse to afford them the opportunity to become self-sufficient. Every circumstance is unique and there is so much volatility in the economy with job losses, that it is hard to know what amounts you could pay. For example, even a man on unemployment can be forced to pay alimony pendente lite to his spouse during the pending divorce litigation.
Q. When i get a divorce does it show up that you were married before
A: Generally, a prior marriage has no relevance on a present marriage or divorce action. It isn't something that "shows up" per se. It is usually something that may be known by the parties through certain marital disclosures during the course of the marriage. If you have never revealed to your spouse that you were in a prior marriage it would be irrelevant to the divorce against that spouse in the present situation. Really, the other matter is settled and over with. If anything, I wouldn't think that any professional attorney would bring something like this up any way due to its irrelevancy. It would be nothing more than meaningless mud-slinging in my opinion.
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PECK LAW OFFICES
111 East Main Street
Uniontown, PA 15401
USA
Telephone: (724) 430-0514
Fax: (724) 430-0516