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Pennsylvania Questions & Answers
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I have a Work Comp case currently the questions I have, what do you do when you haven't talk to your attorney

In months and they haven't responded to you about your case moving forward

Timothy Belt
Timothy Belt answered on Sep 20, 2021

Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

Mark Scoblionko
Mark Scoblionko answered on Sep 20, 2021

No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared,...
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1 Answer | Asked in Contracts for Pennsylvania on
Q: In Pennsylvania, is there a law that states a venue must refund the entire cost of a ticket if the event is canceled
Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Not sure if there is a statute, but if they canceled ask for the ticket back. If they don't give you the money back, contact the police or the DA's office, and also the Attorney General's consumer protection division.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: We bought a house and sign Wednesday. There was previous tenants with no lease but junk everywhere? What can we do?

We are purchasing a property on Wednesday. The previous tenants were friends of the owner but had a falling out. There was no written agreement and they have moved everything in the house out but still have old junk cars and tires everywhere. When we sign on Wednesday do we consume ownership of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You can decide not to go through with the sale if your agreement of sale says the seller has to get rid of stuff. Or you can ask for an adjustment in price because you have to get someone to haul off the cars. You need to have the seller state that he has notified them and accepts any claim the... Read more »

1 Answer | Asked in Construction Law for Pennsylvania on
Q: Can a 17 year old in PA. work in construction? Are their any job limitations to what they can do? Thank you

Can they climb scaffold, use power tools, mix concrete?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

17 year olds can work doing some jobs. Not scaffolds, not mixing concrete under some readings of the federal law.

1 Answer | Asked in Federal Crimes for Pennsylvania on
Q: My husband got denied a bed at a half way house. Now when a bed comes available his caseworker is not putting in for one

his release date is feb 4th but hes been in there for 6 months now. He deserves his half way time but his caseworker not putting in for it. They said he has to stay in till his release date. We need help with this

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Something odd or missing here. Suggest you contact the Pa.Civil Liberties Union, ask for their prison rights section.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Did my lawyer break the law?

A few days before my lawsuit trail my lawyer explained to me that he had an agreement with the defendant's lawyer. Whichever side lost would not appeal the jury decision. Our side lost; right after the jury's choice was heard I was reminded there could be no appeal.

Was that... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

If you wanted to do anything as to the attorney your time ran two years ago (assuming the trial was four years ago). It's not unusual to have agreements like that but usually they are tied to something called a high/low where if you lose you get the minimum, if you win, you only get up to the... Read more »

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: I was just fired for not complying with the mask mandate and i don't want to take the vaccine. What can i do ?
Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You can file for unemployment, and contest the firing but you may likely not win. Using an N95 mask protects you and others. Vaccine likewise. I don't see anyone succeeding but that's just my opinion. As a heads up, expect no sympathy from the court, or anyone for that matter.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband an I r separating, the car is in both of our name? Can I just take the car? Can he do anything about it?

If we see a divorce judge, who will be most likely to get the car?

The car is paid off. We trade my car in, only got 500 bucks but it was still my car.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can my employer pay vaccinated people if they get covid and refuse to pay unvaccinated people
Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Depends on the overall policy. If it happens you can try calling the human relations commission. In the meantime, why not get the shot---it has been tested on hundreds of millions of people.

1 Answer | Asked in Probate for Pennsylvania on
Q: My aunt got my sickly 88yr old grandmother to give her everything in the Will a few months after grandfather died.

Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.

1 Answer | Asked in Probate for Pennsylvania on
Q: My brother died without a will. I am personally responsible for debts?

My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: 37 years ago I gave my landlord a security deposit if $250. He just sent me a check for that amount

Minus $100 for things he had hauled out, so $150.00. Shouldn't there have been some interest in 37 years or can he just make a note that's what it was and spend it or whatever? 37 years!!!!

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

He is required to have it in an interest bearing account.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was never made aware I had to restore my license after a suspension and I was stopped… What should I do?

I was recently pulled over in Pennsylvania for a registration that expired in August. Upon being stopped, the officer informed me that my license is coming back as suspended. I served a 30 day license suspension from June to July 17th, however was never made aware that I have to restore my license.... Read more »

Ellis B. Klein
Ellis B. Klein answered on Sep 14, 2021

You need to speak with an experienced traffic attorney. If a judge sees that your license was suspended at the time you were pulled over then you will most likely be found guilty and lose your license for an entire year. Hiring an attorney would be a wise choice

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Sexual Harassment for Pennsylvania on
Q: Is doctor putting arms around me on exam table, puts his hands under my shirt/ panties and kissing me sexual assault?

My doctor asked if my back was sore and I said yes because I hunch and do have big breasts. The doctor proceeded to our his arms around me and put his hands under my shirt and massaged me then proceeded down my back under my panties. He was pressed against me and I could feel his penis. I told him... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You were assaulted. He committed a harmful or offensive touching which is also a battery. You can file against him. You also have a civil claim.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: In the state of PA if a sober driver is pulled over while the passenger is under the influence, is the driver penalized?

In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

The driver isn't DUI because a passenger is.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You cant settle things by violence legally.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'm suing a corporation. How long do they have to hire an attorney?

PA Common Pleas Court requires that a corporation has to be represented by a legal counselor. I just ended my Discovery time and now we are into their discovery time. Since an attorney is required by the law to represent a corporation, the owner of the corporation can't request anything from... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

The corporation as a defendant has a right to request things from you. If you think those are beyond the scope of discovery, then object or file a motion for a protective order. At that time you can bring up to the judge that the corporation (if it's not a partnership) should have an attorney.... Read more »

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