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Pennsylvania Questions & Answers
1 Answer | Asked in Employment Law for Pennsylvania on
Q: Hello, I was a part of a team working for a Temp Agency. We had contracts with CVS health till March 31st.

On January 18th we were notified that we were being let go from our position that day with no notice at all. Our Temp Agency was not aware of this till the day they ended our contract. Was that legal? If not how do we set up a class action against them?

Casey Green
Casey Green answered on Jan 25, 2022

I'd like to know more information because the answer likely depends on whether you had a contractual relationship with CVS or just the temp agency. The at-will doctrine applies in Pennsylvania and essentially allows an employer to terminate an employee for any reason or no reason. There are... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Pennsylvania on
Q: Can I lose my dog privileges at my aprt for walking my neighbors naughty dog that has a bite history? If he bites again?

I have two esa (dogs) at my aprt complex. I’ve never had a problem with them. I also walk my neighbors dog, I’ll call him “Wally”. Wally is legally on her lease. The problem is, Wally has nipped at an apartment employee before, with a different walker. The incident was reported and is now... Read more »

Nellie T Schulz
Nellie T Schulz answered on Jan 22, 2022

It’s not possible to answer your question definitively without knowing what the pet provisions say in your lease. I suppose it’s possible that it could provide that a tenant who acts negligently when walkia dog” could be bYour arguments are logical and sound, but that doesn’t mean your... Read more »

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: My son is 100% beneficiary for an account he was left...

My son is 100% beneficiary for an account he was left...myself and my sister Are co-executors of the will (50-50) my sister is trying to get part of the account that my son is 100% beneficiary even though it’s in the will that her and I are co-executors does she have legal rights to the account... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 21, 2022

Assuming the will has been admitted to probate, its provisions about the disposition of assets is controlling. If the will has not yet been submitted to the probate court, you should do so without further delay.

Where there are co-executors, one cannot take action without the agreement of...
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3 Answers | Asked in Estate Planning for Pennsylvania on
Q: My grandfather died without a will. My mother is deceased. can his 4 granddaughters all be executors of his estate?

We are told there can only be 2 executors. The 4 of us want to co-execute his assets so that they are handled properly and fairly. Please advise.

John B. Whalen, Jr.
John B. Whalen, Jr. answered on Jan 20, 2022

… hello …

… that’s a tall order - all of you would have to agree - and nothing would be done if one did not …

… the institutions you will be dealing with also don’t want to deal with 4 people - it’s much to difficult …

… I would suggest that all if your...
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1 Answer | Asked in Federal Crimes for Pennsylvania on
Q: What is the penalty for CDL title 75 code 3309(1)

Do I plead guilty or not guilty?

Timothy Kraeer
Timothy Kraeer answered on Jan 20, 2022

There is a $25 fine (plus costs) but it will not assess any points on your license if you have a PA license. However, if you have a license from another state (other than PA), and/or a CDL, you need to fight the citation. Section 3309 is considered a serious traffic offense for commercial drivers.... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Does the "Confidential Information Section" show up anywhere else besides the citation? On record or anything?

I got pulled over for going 86 on a 40 work zone. State trooper gave me a pass for that due to my clean record. He said he'd cite me for not turning hazard lights on when pulled over. In the citation there's a confidential information section, that says i was pulled over for going 86 on a... Read more »

Timothy Kraeer
Timothy Kraeer answered on Jan 20, 2022

The only thing that will be made part of the public record is that you received a citation for violated section 4305 (the hazard lights). The trooper likely wrote 86 in a 40 in other section in the event you were to challenge the citation in court - it would remind him as to why he initially pulled... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I listed my home for sale, signed an agreement and now am having second thoughts. Can I back out?

The buyer is an investor and is paying cash.

Mark Scoblionko
Mark Scoblionko answered on Jan 19, 2022

You would have to meet with a lawyer so that the lawyer can review your agreement and discuss the facts of the transaction with you.

1 Answer | Asked in Business Formation and Entertainment / Sports for Pennsylvania on
Q: I want to create a Subsidiary under my current LLC. Do I create the Subsidiary as a new company with a separate ein?
Michael Cherewka
Michael Cherewka answered on Jan 16, 2022

This question is far to general for a forum like this. You should meet with your attorney and your CPA to discuss why you are creating a new company, and also whether it should be a subsidiary of your current LLC. Also depends on the tax status of your current LLC

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Police took my license and said it’s suspended.

Doesn’t this have to go through penndot to be actively suspended and are the police allowed to just take my license.

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

Go to a license office and see if they can look up your license. It may well have been suspended. If so they may take your license. There is no automatic suspension. What may have happened is you had an offense, the notice was sent to the address on the license, if that isn't your address you... Read more »

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: I accidentally hit a dog tonight. A police officer happened to be behind me and he stopped to help. Can I get in trouble

I can’t tell my family because I’m so scared. I don’t want to get on legal trouble or have the family sue me even though it was an accident. Can the cop show up at my house?

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If the dog was on the roadway you will be OK. It's the owner's responsibility to care for their dog. If your car was damaged you can make a claim against the owner of the dog.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Name not listed correctly on speeding ticket Is this grounds for dismisal?

This was a speeding ticket going 80 in a 55, which was reduced to a 61 in a 55 by the officer when I was stopped

When I was handed the ticket though, in the first name and middle name, only my initials were listed. Is it grounds for dismissal?

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

No. He handed it to you. You took it. Also, as he gave you a break, the District Justice will be frosty if you try a technical. He gave you a points break. A judge will think you are being greedy.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: What will happen if you drive a car with no license after it being taken away from having a dui, with a child in the car

My son’s father got a DUI. Lost his license and was driving anyway. He got pulled over and got in trouble again. He wants to continue to drive with no license and pick our child up to bring him to his house. He is currently on probation.

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If he drives with a child in the car while intoxicated he could get child endangerment. If he has no license that would be likely to be child endangerment.

1 Answer | Asked in Small Claims for Pennsylvania on
Q: Customer owes money. How can we collect payment?
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

Ask. Letter. Then one certified return receipt. Then sue them in the District Justice Court.

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... Read more »

1 Answer | Asked in Small Claims, Contracts and Construction Law for Pennsylvania on
Q: Im a contractor i installed a washer 18 months ago the washer recently leaked am i responsible i only gave 1yr warranty
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

I don't see why. Your job was to install the washer. Unless the leak is from a joint you worked on I don't see liability.

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Can an employer ask me if I’m an anti-Vaxxer?

My employer didn’t ask my vaccination status but specifically if I was an anti-Vaxxer because I am not yet vaccinated for personal reasons.

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

They can inquire about your beliefs as to vaccination. They can inquire about vaccination status, assuming vaccination is part of the job requirements.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I have a 10 day traffic Violation and the 10 day is Monday is the anyway I could a Continuance
Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

Hard to tell. If you have a defense and a good reason for a continuance, yes. If you don't have a good reason and want to put it off no.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over for expired inspection sticker. The cop wrote the wrong model number

He made the same mistake I did. He saw a 2 and thought 3. I saw a 1 and thought 2. Is this enough to dismiss the ticket? What's the best defense strategy to at least get the fine reduced?

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

No. If the sticker wasn't expired is a defense. The fact the cop missed a couple of numbers won't get you anywhere. Get the car inspected and maybe they'll drop it. In the meantime, don't drive it around without inspection.

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: Is a notarized document legally binding?

My daughter is paying off a car loan that is in someone else’s name. The other person said they will sign over the title once the loan is paid and they receive the title. I don’t want her to pay off the loan and the other person get the title and not transfer to her. They then will have a free... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

She needs to have the other person sign the car over to her, and she pays for her own car. The best way is for her to buy the car loan, as it were, by getting a loan in her name. Yes, a document that is under seal is binding, but the wording would have to be clear and even then if the person... Read more »

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