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Pennsylvania Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: NJ Siblings need to set up an LLC for a vacation house in PA and need to know proper protocol and procedures.

Three NJ resident siblings want to set up a LLC for their recenltly inherited vacation home in Paupack PA in order to spell out financial responsibilities, succession rules, and regulations for using the property. With the approval of the others, one sibling had a NJ lawyer produce a LLC for... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 19, 2024

While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).... View More

1 Answer | Asked in Education Law, Juvenile Law and Sexual Harassment for Pennsylvania on
Q: is it illegal for school staff to watch students use the restroom?

I am in PA and my school has started to have teachers and other school staff stand in the bathrooms and hold the doors open and watch kids as they use the restroom as a way of stopping students from vaping. It is really uncomfortable to try to urinate while your math teacher is watching you, they... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice.

Students have certain privacy rights under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. In schools, these rights are balanced against the...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: How long do you have to appeal a divorce if you were forced under durress & under the influence knowingly by ex&lawyer?
Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.

In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: fines voided DUI expunged for refusing blood test (automatic DUI) Later PA passed law making legal to refuse blood tests

Refused a blood test during traffic stop got an automatic DUI for that then afterwards Pennsylvania passed a law making it legal to refuse a blood test after I already was found guilty with consequences being, i got my license suspended as well as being required to an breathalyzer having to be... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

Please note that this response is for informational purposes only and does not constitute legal advice.

In Pennsylvania, the ability to expunge a DUI conviction and void associated fines and costs is limited and depends on specific circumstances. Here's an overview of the law as I...
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1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: Can information never provided to me or signed by me be used against me in an unemployment appeal?

I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and... View More

Jeremy Donham
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answered on Dec 3, 2024

Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed and had $5000 lifeinsurance policies on my sister and me. What happens if we cash out now?
Nina Whitehurst
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answered on Dec 3, 2024

If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: After FMLA leave I gave my HR a note with my name, restrictions and a box checked yes that I can return to work. It was

Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More

Jeremy Donham
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answered on Dec 2, 2024

Very sorry you are dealing with this issue. Employers have a lot of latitude when they deal with employee FMLA issues. With that said, there could be some issues that fall under the Americans with Disabilities ("ADA") if you qualify. When an employer requests that you return to full duty... View More

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My father passed without making a will. How do we figure out who gets what. He has a retirement and stock and property

His wife is not being very open about his finances which leads me to think she is trying to keep everything

Michael Cherewka
Michael Cherewka
answered on Nov 25, 2024

THe situation you are describing, dying without a Will, is known as Intestacy in Pennsylvania. Since your father did not have a Will, the surviving spouse is generally not entitled to all of the Estate assets. However, the three assets which you described, retirement accounts, stock accounts and... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Pennsylvania on
Q: Is there specific language put in survivorship deed to show added name is my child to be exempt from PA transfer tax?

I am adding my daughter's name to my deed with right of survivorship. We have a draft of a special warranty deed with right of survivorship and I want to know if there is specific language that should be included in the deed to show she is my child in order to be exempt from the Pennsylvania... View More

Stephen M. Asbel
Stephen M. Asbel
answered on Nov 20, 2024

I do not know all the facts in your situation but before you proceed with adding your daughter to the title of this deed, you should consider the potential that doing so could reduce the benefit of stepped-up basis in calculation of capital gain tax if the house is sold in the future. The... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Do medical malpractice lawsuits end up in compensation beyond just medical bills. Ie time off work?

Wife had a podiatric instrument break inside her foot and it stayed there for two days before they took it out. They want her to pay full cost 10K bill, including X-rays and ER visit related to pain.

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks, and the answer is fairly standard everywhere across the nation, subject to state-specific caps on damages. Yes, a successful lawsuit, whether through verdict or settlement, could provide damages beyond medical... View More

1 Answer | Asked in Employment Discrimination for Pennsylvania on
Q: Good Morning. I have a question about workplace discrimination. I was an LVHN IT support person at Cedarcrest Hospital.

I was hired in August 2024 but recently let go. Even though I worked hard, was always on time, and worked overtime, I never got paid for it. I never talked about politics or religion and always tried to fit in with the team. But I always was excluded from team-building functions like lunch or... View More

Jeremy Donham
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answered on Nov 7, 2024

Good afternoon, very sorry to hear of this. If you did not receive pay that was owed to you then you may want to contact the Department of Labor at dol.gov and file a complaint with the agency. They investigate claims of wage and hour violations for free. You could also seek legal counsel to... View More

1 Answer | Asked in Personal Injury and Car Accidents for Pennsylvania on
Q: How long does it take for the assigned claims plan to pay in Pennsylvania
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. It could depend on the complexity of the claim, their backlog, and how long it takes to eliminate the possibility of other sources of insurance. Assigned claims plans or public accident indemnification plans in... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I filed a motion with the court (pro se) in an EEO case. I typed 2025, but I meant 2024. How can I make the correction?

My motion deadline has ended, but the defendant still has a week to respond to the motion, before the judge makes her ruling.

Jeremy Donham
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answered on Oct 21, 2024

Judges typically are very considerate when a person is involved in a legal case without an attorney representing them. Clerical errors should not cause a problem unless the timing of the dispute or the fact represented in critical to the case. In that situation, you may want to contact the clerk of... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: My boss is locked me in the gated area for using the pool bathroom, follows me on camera and interigates me,

i had to climb a fence to excape , he also took a collectors coin i found pretended to help me look it up and instead of returning it he fired me and claimed it was the property of the estate grounds

Jeremy Donham
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answered on Oct 21, 2024

I am very sorry to hear of this. You will want to speak to a local employment attorney that handles employee cases regarding possible claims of invasion of privacy as well as possible emotional distress. If the intimidation has caused you anxiety, for example, there could be claims under the... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: My husband was injured on a machine that is manufactured in China. They ignored the 10 day default notice what happens

now. My current lawyer seems way out of his element. Is it best to just give up? He said it is extremely doubtful that we would get any compensation from the Chinese manufacturer. My husband can’t do the job anymore that he used to do. We are sinking financially now due to him being able to only... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

I’m really sorry to hear about what you and your husband are going through. It sounds like a deeply frustrating and overwhelming situation. When a foreign manufacturer ignores a default notice, like the one you sent to the Chinese company, it doesn’t necessarily mean you have to give up. It’s... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I pursue litigation a a previous employer if they let me go because I am a recovering drug addict?

I work for a medical insurance company. I have a previous history of substance abuse issues. I am certain my supervisor can view this info. I cannot prove they have ever accessed it, but I can prove that they have the capability of accessing it. In a recent meeting, I was told that “if I want to,... View More

Dash Radosti
Dash Radosti
answered on Oct 9, 2024

A: Hello,

My name is Dash. I'm a PA attorney with Equal Justice Solutions, a public interest law firm that represents employees.

I'm sorry to hear you have struggled with your addiction. It sounds like you are doing better, and we hope this issue at work isn't too...
View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: i won a settlement and i was sent a praecipe to settle ,discontinue and end. The defendant's attorney said they will

send the funds after i sign the praecipe and pay the legal costs. is this normal

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Pennsylvania attorney could advise best, but you await a response for three weeks. Until you speak with a local attorney - or better yet, your own attorney if you're represented, the form usually used to wrap up a case in most parts of the nation is a release. In my experience, I have not... View More

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