Pennsylvania Questions & Answers by Practice Area
- Bankruptcy
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- Identity Theft
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- Insurance Defense
- Intellectual Property
- International Law
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- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
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- Mergers & Acquisitions
- Military Law
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- Patents (Intellectual Property)
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Pennsylvania Questions & Answers
Q: If a business name and entity was stolen or transferred without permission, do I sue or contact local authorities?
1 Answer
| Asked
in
Business Formation, Business Law and Contracts
for
Pennsylvania
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost of litigation would make it not worthwhile to sue. However, since only you can answer these fundamental questions, you should contact an experienced business lawyer to help you decide what you want to...
Contacting "local authorities" will probably do no good because this is clearly a family business matter. And unless you can show some actual damages the courts will also be hesitant to get involved. Finally, unless the actual amount of money involved is very substantial it is likely that the cost of litigation would make it not worthwhile to sue. However, since only you can answer these fundamental questions, you should contact an experienced business lawyer to help you decide what you want to...
Q: how do i get around a trade mark in a description text?
Ahaji Kirk Amos' answer
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.
Q: My girlfriend and I just had a baby we live together and she told me I have to start paying child support to her
Kathryn Hilbush's answer
Usually child support as such is not paid while the parents reside together. On the other hand, you should step up and contribute to the child's support. Babies are expensive.
Usually child support as such is not paid while the parents reside together. On the other hand, you should step up and contribute to the child's support. Babies are expensive.
Q: Is not agreeing with my ex's life choices a valid reason to go for full custody?
Kathryn Hilbush's answer
The primary consideration by the court as to whether custody should be modified is whether it would be in the best interests of the child. The court decides this by reviewing 16 factors. I've given you the link below. If you decide you want to consider seeking a modification, I suggest that you first meet with an experienced family law attorney in your area to determine whether it's a good idea for you and your child.
Read sections 5325-5330 for the factors....
The primary consideration by the court as to whether custody should be modified is whether it would be in the best interests of the child. The court decides this by reviewing 16 factors. I've given you the link below. If you decide you want to consider seeking a modification, I suggest that you first meet with an experienced family law attorney in your area to determine whether it's a good idea for you and your child.
Read sections 5325-5330 for the factors....
Q: I live in PA and getting 22k international cash inheritance (London). Do I need pay inheritance tax? Declare with IRS?
Bruce Alexander Minnick's answer
As they say at the opera, "It ain't over until it is over." They also say "If it sounds too good to be true, it probably isn't."
So, rather than worry about whether or not to "declare with the IRS" right now, and rather than worry about whether you will have to "pay inheritance tax" you would do well to employ a competent lawyer RIGHT NOW, before giving anyone on planet earth your social security number, banking account number and related personal information.
Whether "your...
As they say at the opera, "It ain't over until it is over." They also say "If it sounds too good to be true, it probably isn't."
So, rather than worry about whether or not to "declare with the IRS" right now, and rather than worry about whether you will have to "pay inheritance tax" you would do well to employ a competent lawyer RIGHT NOW, before giving anyone on planet earth your social security number, banking account number and related personal information.
Whether "your...
Q: Can a judge force me to seek legal counsel when I am indigent?
Timothy Belt's answer
A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I see that you have spoken to a few workers' compensation lawyers and they have not been willing to represent you. I would suggest you talk to a few more. The simple truth is your odds of success in...
A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I see that you have spoken to a few workers' compensation lawyers and they have not been willing to represent you. I would suggest you talk to a few more. The simple truth is your odds of success in...
Q: Landlord wants lease with due dates 2 months in advance--July 1 for Sept., August 1 for October, etc. Is this legal?
Mark Scoblionko's answer
It sounds like he has payment concerns.
If it is mutually agreed to, there is nothing illegal about it.
It sounds like he has payment concerns.
If it is mutually agreed to, there is nothing illegal about it.
Q: i loaned a friend? $5,000 so he could bye a vehicle. he filed for bankruptsy and now says he no longer owes me
W. J. Winterstein Jr.'s answer
Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then your loan is most probably subject to discharge in the bankruptcy.
There are exceptions to discharge, listed in Section 523 of the bankruptcy code, e.g., if the debtor procured the loan by...
Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1 filings), then your loan is most probably subject to discharge in the bankruptcy.
There are exceptions to discharge, listed in Section 523 of the bankruptcy code, e.g., if the debtor procured the loan by...
Q: I'm 14 & he's 15. he posted a video of us having sex on Instagram. it's being sent around.. what charges can I press?
Cary B. Hall's answer
Contact your local police, and tell them you want to file charges under Title 18, § 6321 ("Transmission of sexually explicit images by minor") and § 3131 ("Unlawful dissemination of intimate image").
Under section 6321, the cops could also take his phone or computer (whichever was used to disseminate the video) and he'd never get it back.
Best of luck to you. Hard lesson learned here too -- don't forget it.
Contact your local police, and tell them you want to file charges under Title 18, § 6321 ("Transmission of sexually explicit images by minor") and § 3131 ("Unlawful dissemination of intimate image").
Under section 6321, the cops could also take his phone or computer (whichever was used to disseminate the video) and he'd never get it back.
Best of luck to you. Hard lesson learned here too -- don't forget it.
Q: Can your support order go down if the payee gets a new job and makes more money? Does she have to notify a change in $
Cary B. Hall's answer
Yes to your first question, and no to your second question. If you think there's been an increase in her income, YOU should file a petition to modify your support payment.
Best of luck to you. If you need some assistance in filing, feel free to contact me offsite -- my office is Norristown.
Yes to your first question, and no to your second question. If you think there's been an increase in her income, YOU should file a petition to modify your support payment.
Best of luck to you. If you need some assistance in filing, feel free to contact me offsite -- my office is Norristown.
Q: Can I adopt my fiancés daughter in the state of Pa? And how hard will it be to do so? Any advice on how to get started?
Cary B. Hall's answer
Yes -- but you'll have to file a petition to involuntarily terminate birth mother's parental rights at the same time. If birth mother hasn't had any contact at all with the child within the past 6 months, your fiance will have grounds to terminate birth mother's parental rights.
Contact your county's Orphans' Court section -- they may have sample forms for filing both a petition to terminate and for adoption. Best of luck to you.
Yes -- but you'll have to file a petition to involuntarily terminate birth mother's parental rights at the same time. If birth mother hasn't had any contact at all with the child within the past 6 months, your fiance will have grounds to terminate birth mother's parental rights.
Contact your county's Orphans' Court section -- they may have sample forms for filing both a petition to terminate and for adoption. Best of luck to you.
Q: Can my ex come back for my dog after a year?
Cary B. Hall's answer
Probably not. Pets are considered property under Pennsylvania law, just like a table, lamp, etc. If you've paid for the upkeep of the pet for the past year, a court will likely let you keep the pet. If she comes for the pet, you can politely decline her request. At that point, she'll have to sue you in court for the return of the pet -- and if she's already established another life in SC, it's fairly unlikely that she'll go to such lengths at this point.
Best of luck to you.
Probably not. Pets are considered property under Pennsylvania law, just like a table, lamp, etc. If you've paid for the upkeep of the pet for the past year, a court will likely let you keep the pet. If she comes for the pet, you can politely decline her request. At that point, she'll have to sue you in court for the return of the pet -- and if she's already established another life in SC, it's fairly unlikely that she'll go to such lengths at this point.
Best of luck to you.
Q: If I don’t have the fathers information for emergency custody in the state of PA how do I fill out the paperwork ?
Cary B. Hall's answer
Yes. And you'll need to do some investigation to find the father's location so that he can get a copy of everything you file. Last known address may be sufficient, but you'll need to convince the court that you've done your best to locate him. So get started, and best of luck to you.
Yes. And you'll need to do some investigation to find the father's location so that he can get a copy of everything you file. Last known address may be sufficient, but you'll need to convince the court that you've done your best to locate him. So get started, and best of luck to you.
Q: Not given any ticket at stop or paper for court despite a summons with charges for plates and pos. can it be thrown out?
1 Answer
| Asked
in
Criminal Law, Traffic Tickets and Civil Rights
for
Pennsylvania
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Cary B. Hall's answer
Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.
Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.
Q: I was charged with prowling and loitering at night and public drunkeness. I tried commiting suicide that night.
Cary B. Hall's answer
Probably, depending on your prior criminal record. Have your attorney (and get a public defender if you can't afford a private attorney) talk things over with the cops, and maybe that charge can get tossed at the initial magisterial district court level. Get something on the letterhead of your current treatment facility which details what happened to you that night ASAP, and give it to your attorney.
Best of luck to you. And stick around: life is worth living. :)
Probably, depending on your prior criminal record. Have your attorney (and get a public defender if you can't afford a private attorney) talk things over with the cops, and maybe that charge can get tossed at the initial magisterial district court level. Get something on the letterhead of your current treatment facility which details what happened to you that night ASAP, and give it to your attorney.
Best of luck to you. And stick around: life is worth living. :)
Q: Unpaid Medical Bills
Glenn Neiman's answer
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether your previous one or another, to see what options you have.
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether your previous one or another, to see what options you have.
Q: Contracted with a basement refinishing contractor with no work 2 years and 30 K later
Elizabeth Tarasi's answer
You should be able to bring a breach of contract action against the contractor. I would need to see the contract you signed.
You should be able to bring a breach of contract action against the contractor. I would need to see the contract you signed.
Q: How do I revoke my revocable PA trust, which contains bank accounts and properties in PA and CA? I am the only settlor
Mark Scoblionko's answer
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the properties and recorded. There may be transfer taxes on the real estate conveyances.
A lawyer would have to review the trust instrument to determine what happens to all the assets if the trust is...
If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the properties and recorded. There may be transfer taxes on the real estate conveyances.
A lawyer would have to review the trust instrument to determine what happens to all the assets if the trust is...
Q: Is it illegal for a girl(18) to have a sexual relationship with a boy(14). Boy will turn 15 before the female turns 19
1 Answer
| Asked
in
Criminal Law, Federal Crimes and Sexual Harassment
for
Pennsylvania
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
Generally yes, unless the age of majority is 14 in Pennsylvania (very doubtful) it is unlawful for anyone to have sexual relations with the underage boy.
Generally yes, unless the age of majority is 14 in Pennsylvania (very doubtful) it is unlawful for anyone to have sexual relations with the underage boy.
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