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Pennsylvania Questions & Answers
1 Answer | Asked in Workers' Compensation and Personal Injury for Pennsylvania on
Q: Am I required to inform workers' comp about my new employer?

I have been cleared to return to work after a workers' compensation claim. Am I required to inform the workers' compensation insurance company about my new employer if I haven't informed anyone yet, there are no continuing benefits, and there were no specific instructions given... View More

Timothy Belt
Timothy Belt
answered on Mar 24, 2025

If you are not currently receiving wage loss benefits, you are not required to proactively inform the carrier of the new employer. If you receive reporting forms, you will then need to include the new employer in your response on those forms.

1 Answer | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

1 Answer | Asked in Collections and Contracts for Pennsylvania on
Q: Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.

I received an email from a pre-litigation company about a credit card debt with HSBC that was supposedly charged off in 2016. The representative mentioned that the debt was purchased by a law firm and could be pursued for breach of contract under a 10-year statute of limitations. I have lived in... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 14, 2025

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: When does the second weekend visitation start if the month begins on a Saturday?

I have a court order that states my child’s father gets visitation the second weekend of every month from Friday at 7:30 p.m. to Sunday. The new month recently started on a Saturday. The previous Friday was February 28th, and I did not consider that weekend to be the first weekend of the month as... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 7, 2025

Bear in mind that I'm providing this information to you without having had the opportunity to review the current order. I would say that logically the weekends start on Friday and so in this case I believe your interpretation is correct. However, if it's not really a huge issue for you,... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Real Estate Law for Pennsylvania on
Q: How to address billing issues with Pennsylvania American Water during a lawsuit?

I started a lawsuit against Pennsylvania American Water because I was being charged an exorbitant amount for water usage, equivalent to an Olympic-sized pool, for my one-bedroom apartment. My landlord and an independent plumber confirmed there were no leaks or issues with the plumbing.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2025

A Pennsylvania attorney could advise best, but your question remains open for almost a month. This might be too complex a matter for attorneys to offer a quick and direct response to on a public Q & A forum. If you approached an attorney on this, they're going to want to examine the... View More

2 Answers | Asked in Workers' Compensation and Personal Injury for Pennsylvania on
Q: Can I sue a homeowner for injury instead of workers' comp in PA?

I was at work in Pennsylvania and went to a customer's house. While proceeding to the backyard, I slipped and fell on visible ice and broke my tibia and ankle. There were no warning signs about the icy conditions. I reported the incident to my employer and am currently in the hospital for... View More

Timothy Belt
Timothy Belt
answered on Mar 2, 2025

You can potentially sue the homeowner and claim workers' compensation. You will still want to claim workers' compensation to pay for your current medical bills and to provide income now since a personal injury claim may take several years to resolve. The workers' compensation... View More

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1 Answer | Asked in Estate Planning, Probate and Family Law for Pennsylvania on
Q: Does my husband need a will for me to inherit everything?

My husband believes he doesn't need a will since he assumes I, as his wife, will automatically inherit everything. I think he should have a will. He has no legal documents regarding his assets, which are only in his name, and he wishes for me to inherit everything after his passing. He has... View More

Michael Cherewka
Michael Cherewka
answered on Feb 28, 2025

The short answer is for assets that are owned solely by your husband you do NOT inherit all of his assets when he dies. In fact, since the children are not from your marriage, you would most likely inherit only one-half (1/2) of his assets and the other half would go to his children.

if...
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1 Answer | Asked in Business Law, Consumer Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: Misleading job offer, harassment, and misuse of personal information in Pittsburgh, PA. What are my legal options?

I moved out of state for a job advertised as an office manager position, but it was actually an accountant role for a small business and personal accountant for the owner. The job falsely advertised benefits like paid holidays and insurance, which were not provided. I have the original job listing... View More

Jeremy Donham
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answered on Feb 27, 2025

Sorry to hear of this. My suggestion is that you call an employment attorney in your locale and discuss possible claims falling under gender discrimination and harassment. You can also reach out to the EEOC online and file a complaint. It is urgent that you do so quickly as there are limitation... View More

1 Answer | Asked in Civil Rights and Employment Law for Pennsylvania on
Q: Can a school district bar me for a Facebook comment about raises?

I'm employed through an agency that contracts with a school district to hire substitutes and paraprofessionals. I recently posted a comment on a news article about a raise for the superintendent and assistant superintendent, which was publicly disclosed, but not the specific amount.... View More

Casey Green
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Casey Green
answered on Feb 25, 2025

Public school teachers have First Amendment rights. The First Amendment doesn't give public school teachers unlimited rights, but may protect their speech when speaking as a private citizen on a matter of public concern. If your situation fits within that scope, and you were not hired as a... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: How does foreclosure affect mortgage liens in PA?

I am considering bidding on a second chance foreclosure property in Pennsylvania. The auction offers the property with a Special Warranty Deed (Quitclaim) and mentions no warranties. The property has a first and second mortgage, and the total outstanding amount for both is $198,000. If the winning... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 24, 2025

When finished (judicial Order confirming sale), a judicial foreclosure removes all liens, and Sheriff pays on taxea, poundage and liens per PA priority.

All liens foreclosed are removed from property and successful bidder gets Sheriff's feed (a quitclaim deed).

If a...
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1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Pennsylvania on
Q: Bank teller named as beneficiary and withdrew funds

I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More

Anthony M. Avery
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answered on Feb 23, 2025

You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More

1 Answer | Asked in Estate Planning, Contracts and Banking for Pennsylvania on
Q: How to resolve name discrepancy for power of attorney in PA?

My uncle was born as Patrick James Gallagher, but he has always gone by James or P. James. Some bank accounts list him as James J. Gallagher. We are having trouble obtaining a power of attorney because the names don't match. We were informed that a notarized document is needed, but we're... View More

Michael Cherewka
Michael Cherewka
answered on Feb 21, 2025

when drafting the POA you should have the attorney list every name variant above as A/K/A (also known as) and there should be a separate signature line for each A/K/A.

the first name and the most important one is the name on your uncle's driver license since he has to provide a copy of...
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2 Answers | Asked in Intellectual Property, Trademark and Copyright for Pennsylvania on
Q: Is it legal to use a simplified design inspired by a Heinz ketchup bottle for a business?

I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More

Alan Harrison
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answered on Feb 19, 2025

This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can I be punished for calling out sick with COVID and using PTO if I informed work 2 hours before my shift?

I had to call out of work because I tested positive for COVID and had a fever of 101.5 degrees. I informed my employer two hours before my shift because I was experiencing symptoms like shortness of breath and light-headedness. I sent them a picture of my positive test as requested and used my PTO... View More

Jeremy Donham
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answered on Feb 27, 2025

I note counsel's points below. I would also be curious if your illness was more serious than a simple bout of COVID. For example, if you have underlying disabilities like COPD or Asthma that were aggravated or exacerbated by COVID, also did you need to seek Family Medical Leave if you were... View More

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1 Answer | Asked in Landlord - Tenant, Collections and Contracts for Pennsylvania on
Q: Statute of limitations for collecting back rent in PA with partial payments

I need information on the statute of limitations for collecting back rent in Pennsylvania. I have a written lease agreement, and the back rent has been due since January 2016. There have been no court proceedings or formal communications with the tenant regarding the back rent, although there have... View More

David Kennedy Bifulco
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answered on Feb 17, 2025

At this point if there has not been a payment in the last 4 years the debt is not collectable through the Courts. Also, since it is so old it is unlikely that it will be successful in litigation. Most Municipalities and Landlord Tenant Courts require a rental license and valid inspections. If... View More

2 Answers | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: Can I sell clothing inspired by movies without infringing on the copyrighted work?

I have several ideas for clothing designs that would reference movies without using any images, quotes or characters from those movies, but I’m not sure if this is still copyright infringement. For example, I want to create a shirt that says “stay” and underneath has the morse code for that... View More

Dominique Young
Dominique Young
answered on Feb 13, 2025

To obtain a copyright, the created work must be of the owner's own original creative thought. Derivative works can be registered for a copyright if the work represents an original work of authorship. Basically, if the work that you create based off a previously registered copyright, the work... View More

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1 Answer | Asked in Collections and Banking for Pennsylvania on
Q: I'm being sued by Capital One. It is my account solely. All my accounts and assets are in my name and my wifes name.

Is there anything that can be seized based on unsecured debt law in Pennsylvania? Everything I'm reading is saying there isn't much that can taken to repay the debt since it is solely mine.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 9, 2025

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You...
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1 Answer | Asked in Probate for Pennsylvania on
Q: My mother’s home was sold 7 months prior to her passing. Do we have to go through probate because it was <1 year?

No Medicaid involved; proceeeds are in a joint savings account.

Michael Cherewka
Michael Cherewka
answered on Feb 7, 2025

Based on your summary there would be no probate ()assuming that mother had no other assets in her name).

The 1 year lookback you appear to be referring to is for PA Inheritance Tax purposes. If the house was sold to an unrelated 3rd party then the house is not included in tehe Estate...
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1 Answer | Asked in Communications Law for Pennsylvania on
Q: Isn't it illegal to share someone's email?
Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

A Pennsylvania attorney could advise best, but your question remains open for three weeks.

Do you mean two people SHARING A COMMON EMAIL ACCOUNT? That's done all the time. Someone might not have an email account and they might use a family member's account, particularly with the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: I worked for an employer 1 day, my background check came back and the next day I was told I was let go. Is this legal?

I had a 5 year old felony

Jeremy Donham
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answered on Feb 6, 2025

Generally, if you work in Pennsylvania, employers are not permitted to discriminate against you in hiring due to a former criminal conviction as this may be a violation of the Criminal History Record Information Act (CHRIA). However, the caveat is that if a person has been convicted of stealing,... View More

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