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Pennsylvania Questions & Answers
1 Answer | Asked in Adoption for Pennsylvania on
Q: My son’s father hasn’t seen him in six years we live in Pa do I need his approval for husband to adopt him my son is 16
Timothy Kraeer
Timothy Kraeer answered on Nov 29, 2020

In order for your husband to adopt your son, the biological father's rights must first be terminated, voluntarily or involuntarily. Obviously, if he is willing to relinquish his rights voluntarily, the process can go smoothly. If he won't do so voluntarily, more litigation would be... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: Joint owner of deceased significant other checking account .inheritance tax ?

My significant other , added my name to his checking account prior to his death ,on 9/21 2020 .

He added my name to the account 9/15 2020. I closed the account few days after death transferred the money to my account , we both had the same bank. He had No will , no other assets . I... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 28, 2020

In PA, transfers of assets as gifts within 8 years of the date of death are considered to be "in contemplation of death", are by law are included in the taxable estate of a decedent.

The PA "death tax" has no exemptions, and taxes the very first dollar in a...
Read more »

1 Answer | Asked in Family Law for Pennsylvania on
Q: I slept through my PFA hearing and I am the plaintiff. What do I do now?
Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

So more information would be needed to answer this question effectively. Was your PFA dismissed? If so, was it dismissed with prejudice? If it was dismissed WITHOUT prejudice you can re-file it. It would be beneficial to do so through counsel however - either with a private attorney or through... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: I was in a coma for three days the doctor found meth in my system somehow Child Protective Services found out

I didn't give my permission for them to look at my medical records and they didn't get a court order either but somehow they found out. Is there anything I can do about them violated my HIPAA rights

Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

It's likely that the information made it to CYS via reporting by one of the medical providers that treated you. Medical professionals are required by statute to report whenever there is a reasonable concern that a person responsible for the care of a child is under the influence of a... Read more »

2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: My son received a speeding ticket while driving my husbands car. If we go to court to fight the ticket. What happens?

The officer wrote the ticket out to my husband. Would the case be dismissed or would the ticket be transferred to my son.

Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

I've had experience in the past with this same situation. The citation should be dismissed by the court or withdrawn by the officer. Technically, the officer can re-file the citation against your son once he learns of the mistake, but I have not seen that happen. You should consider talking to... Read more »

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1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Good evening I’m inquiring about a vehicle I have in my name. Recently found out the truck is on the road being driven

The tags are suspended and the vehicle or has no valid insurance. The person that has it will not allow me too take my vehicle back. How can I get my truck back without having too worry about an altercation?

Timothy Kraeer
Timothy Kraeer answered on Nov 25, 2020

Frankly, if this person is driving your vehicle without permission, it's an unauthorized use and that's a crime. Beyond that, if this person were involved in an accident, you could could be liable for the damages and/or injuries this person caused in the accident. Additionally, if YOU are... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Pennsylvania on
Q: How long do you get for credit card fraud by using a strangers card

Was asked to get something for co-worker on break and I thought the card that I had used was the co-workers card and put it in my pocket and used it. Ended up that it wasn't my co-workers card after all. Since I was last used by card holder at my place of work they matched up the video... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

It is a felony of the 3rd degree. Maximum is 3.5-7 years. Call a lawyer. The lawyer can call the police officer to see if charges are pending. If they are, a lawyer can make arrangements to turn you in rather than the police coming to arrest you. You need legal representation so start calling... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I live in Pennsylvania and work in Maryland. My job requires me to have a CDL. I received a speeding ticket today.

My ticket was 80 mph in a 50 mph zone in Maryland. Will the points transfer to my Pennsylvania driving record and will it affect my Pennsylvania CDL? Thanks.

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

Get a lawyer to go to court with you. You are looking at a 5 point offense. If your employer checks your record and sees points it could affect your employment. Many judges will let your lawyer go to court for you, so you may not have to attend the court hearing to get your points reduced.... Read more »

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Pennsylvania on
Q: What's the next step after police to you about being involved in credit card fraud investigation of $20.00

Accidental credit card fraud. I used someone else's credit card to make a purchase. I then tried to make another purchase with card and it didn't work. I tried to use the card again. The screen then said something about card being offline. I used a different card the for the purchase and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

Do NOT speak to the police without a warrant. More information is needed to give you advice. Did you know the person whose credit card it was? If not, you could be charged with felonies, including access device fraud, theft, identity theft. If you knew the person, if they say you did not nave... Read more »

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: Our HOA, says no dog breeding for commercial purposes. A neighbor just started breeding dogs and selling, told HOA she

is a dog hobbyist. Turned garage into a puppy dorm with heat & ac. Installed shed with heat & ac as kennel. What are community rights.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

If the HOA isn't going to do anything (which I'm surprised they're not - you might want to take the "squeaky wheel" approach), then the local municipality or county might have ordinances about breeding that she is in violation.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Am I going to get a ticket/dose a cop have to tell you if you are getting a ticket

I was pulled over for doing 80 in a 55 the officer pulled me over took my stuff but never said anything about a ticket what dose this mean I live in Pennsylvania

Ellis B. Klein
Ellis B. Klein answered on Nov 23, 2020

You can be mailed a citation so long as the officer files it in court within 30 days of the offense. If you do receive a citation, plead not guilty as you would be looking at a 4 point offense at that speed. Many times we can go to court and get the speed and the points reduced, hopefully to a zero... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I got a speeding ticket in Pa and the description of my car is incorrect. Will that help me in any way?

I got a ticket for 55 in a 35 but it says my car is a convertible and a different color. Will that help me in any way if I plead not guilty?

Ellis B. Klein
Ellis B. Klein answered on Nov 23, 2020

Yes, it could be considered a "fatal error" if it is incorrect in certain situations. You may want to fight it based on this or in the alternative you may want to seek a reduction of the ticket to a zero point offense so that it will not affect your insurance. Either way, an experienced... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was given a speeding & careless driving citation for going 103 in a 70. I am 20 & this was my first time pulled over.

The total fines amounted a total of $348. $246 from the careless driving & $102 from the speeding. I was wondering if there was any way to not have my license suspended & a decrease of the money owed, because I don’t believe there was carelessness involved seeing as there was no cars in... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 23, 2020

You will likely lose your license at that speed. First, plead not guilty on both citations and you will get a court date. Second, hire a lawyer immediately to go with you to court. There may be options to reduce the tickets so that you do not lose your license. You did not say what county this... Read more »

1 Answer | Asked in Criminal Law and Communications Law for Pennsylvania on
Q: Can I legally record a motel clerk speaking to me at the front desk in Pennsylvania without getting permission?

Can I legally record a motel clerk speaking to me at the front desk in Pennsylvania without getting permission?

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It depends on the laws in Pennsylvania and if this place is considered public. For example, in Florida there is a 2 party consent wire tap law. This means in FL, if you want to audio record an individual, you need their consent. Other states, like Georgia, have a 1 party consent law, which would... Read more »

1 Answer | Asked in Collections for Pennsylvania on
Q: Is it legal for an rental property to reject your rental application because you have debt in collections.
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Nov 22, 2020

Yes, a landlord/property owner in PA has the right to reject your offer to lease his property. If the "collections" entry in your credit report is erroneous, you can attack it by disputing the entry through each or any of the credit bureaus, and if the entry is deleted, you can renew... Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: Is it your fault falling on ice while talking on a cell phone
Timothy Kraeer
Timothy Kraeer answered on Nov 19, 2020

If you fell and hurt yourself, I am sorry to hear that! There really isn't a hard and fast rule I can point to for an an answer to your question. Every slip and fall case will turn on the particular facts of the case. A lot of slip and fall cases will have some measure of comparative... Read more »

1 Answer | Asked in Adoption for Pennsylvania on
Q: My daughters father is not listed on her birth certificate. I was just recently married and my husband wants to adopt.

My daughters father is minimally involved.

Timothy Kraeer
Timothy Kraeer answered on Nov 17, 2020

Congratulations! Your husband cannot adopt unless the biological fathers rights are terminated either voluntarily or involuntarily. His name Does not have to be on the birth certificate. I hope that helps!

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: After receiving an injury settlement my lawyer said he forgot to pay my doctor and is hounding me. Is this normal?

My lawyer said they overlooked the bill which they had for over a year. Also, it was a doctor he sent me to, so in a sense it was his doctor.

Timothy Kraeer
Timothy Kraeer answered on Nov 17, 2020

It's difficult to give you an accurate answer without some more information. For instance, did you and your attorney sign a letter of protection for this particular provider? If so, I'm not surprised your attorney is seeking repayment to the doctor from your settlement. If there was not a... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: This is my first ever speeding ticket I was going 19 over is there a way that I can reduce my points I think I got 4.

I was going 19 over in a 35. I am nervous cause this was my first-ever ticket. I do not know how many points I am receiving and I really do no want points. Is there a way to reduce my points? Or can I get rid of them altogether? I know what I did was wrong but they said I can only appear before a... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 17, 2020

It is a good thing that you decided to contact an attorney before pleading guilty. Yes it is four points that will appear on your driving record. It could possibly affect your insurance premiums if you were convicted. My best advice is to plead not guilty and then you will get a court date.... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Officer in pa didn't give me a copy of my ticket but said he charged me, is that legal and can I get out of it
Ellis B. Klein
Ellis B. Klein answered on Nov 17, 2020

Yes, he is permitted to mail it to you, so long as the ticket is filed with the court within 30 days. You did not say what the offense was for and you should be sure to talk to a lawyer to determine if and how many points the ticket will add to your license. If there are points involved, I would... Read more »

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