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Pennsylvania Questions & Answers
1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: If someone changes things in a commercial lease, with white out, post signing it, is that a breach of contract?

We put down 4,000 to open a business. We signed the lease but because of Covid, weren't able to get the paperwork in the normal, timely fashion. When we went to get the lease, it was altered.

Nellie T Schulz
Nellie T Schulz answered on May 6, 2021

I don't think there are enough facts in your question to be able to give any response It doesn't say whether you took a copy of the signed, unaltered lease with you at the time you and the landlord signed it; or whether you told the landlord that the lease had been changed when you... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Timothy Belt
Timothy Belt answered on May 6, 2021

In regard to bullet point 4 only, assuming you reported the injury within 120 days, and a period of less than 3 years has past since the date of injury, you may still have a claim for workers' compensation benefits which may provide payment of medical as well as wage loss benefits despite your... Read more »

3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

Timothy Denison
Timothy Denison answered on May 6, 2021

What is your question?

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1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I am redoing my will. I am divorced, but I would like to make my former wife the primary beneficiary of my estate.
Michael Cherewka
Michael Cherewka answered on May 4, 2021

From the point of view of your Will, you can leave your Estate to anyone you choose, and in this case you would just no longer reference your primary beneficiary as "my wife".

From a Pennsylvania Inheritance Tax point of view, this is a major change since the tax rate for bequests...
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1 Answer | Asked in Probate for Pennsylvania on
Q: Dad passed in 2/18. The executors took their share of monies but will not disperse mine until I sign off on house.

Four of us inherited, one of the executors gets a life estate and 40% share of assets and the remaining three get a 20% share of the estate. My siblings took their share of the money last May but the executors will not release my check until I sign off on my acceptance of 20% share of the home... Read more »

Michael Cherewka
Michael Cherewka answered on May 3, 2021

It sounds like your executors are attempting to settle the estate with a Family Settlement Agreement which is the most common way to settle a small estate. If you are not in agreement with the proposed settlement you, as a beneficiary, have a right to request a formal accounting of the estate.... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: work injury took 17 days before management gave me a form for an accident report

first I was told to go to an urgent care the following week even though my supervisor saw the incident happen and was not told to report it, paid out of pocket, then from there the doc report said it was WC said work but has to follow with occupational doc, never heard from WC until she called to... Read more »

Timothy Belt
Timothy Belt answered on May 1, 2021

Assuming your employer is not self insured and has actual insurance, the change in ownership will not change the carrier's obligation to make proper payment for an accepted claim. Whether or not this is an accepted claim is a different question. It sounds like the employer and possibly the... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Own 2/3 of 25 acre plot of land. Can I force a sale if 1/3 owner does not want to sell?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

Yes. File an Action for a Sale For Partition.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If I’m in an accident and after we called the police to the scene to report it. I received a ticket for follow to close.

Do I need a lawyer to fight the ticket? Even if the police officer didn’t see me driving

Ellis B. Klein
Ellis B. Klein answered on Apr 30, 2021

It is a 3 point offense that could affect insurance. Also if you do get points and receive another ticket in the next year, the points add on and you could be facing potential suspension if you go over 6 points.

The office can file a ticket on information received but they will need a...
Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Q: Someone slammed into my car and totaled it. My insurance company is only covering the value of the car. Which leaves me

Owing 900$ and also i am out the 4,000$ I paid in cash. Car under a year old. Can i go after her insurance company for the 4,900$??

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 29, 2021

More details are needed and I wish you had spoken and/or hired an attorney about this already, however what's done is done and hopefully you have not lost any rights-----you need to speak to an injury/accident lawyer in your area and discuss your options----use the Find a Lawyer tab and search... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for Pennsylvania on
Q: My boss is harassing me. I am a union member, she isn’t, my workplace hasn’t held her accountable. What can I do?

My boss has been harassing me about personal things that have nothing to do with work. She confronts and attacks me on the job about personal things, she also texts me off the clock about those things. I’m union and she isn’t, and I’ve complained before but she never seems to be held... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 28, 2021

Unless she is harassing you because of your status in a protected class (i.e., race, ethnicity, disability, etc.) or the harassment is sexual in nature, there is likely no legal recourse. If that is the case, it sounds like your best option may be to move departments.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What can a lawyer do?

My sister-in-law is executor of mother's will. She has not paid inheritance taxes since mother’s death in 02/2017. She will not even have conversation about will. I have been told that my wife, who is sister and co beneficiary in mother’s will, should get a lawyer to help with this issue.... Read more »

Michael Cherewka
Michael Cherewka answered on Apr 26, 2021

First of all are you sure there is a Will? If your sister-in-law claims there is a Will, and that she is named Executor, and if she has done nothing to date your wife has some options, and she needs to meet with an experienced estate attorney to see what option is best. If you think there is a... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: How do you go about having an ex spouse removed from a deed that is not on the mortgage?

This was a no fault divorce, so nothing was stated in the divorce decree. She lives in the home and during the divorce, verbally stated she would make the payments. Since the divorce, she has remarried and has promised numerous times that she was going to refinance to get the mortgage in their... Read more »

Scott L. Levine
Scott L. Levine answered on Apr 26, 2021

If there was no Settlement Agreement executed in this case and neither party filed a count for Equitable Distribution during the Divorce, the remedy now is most likely a Complaint for Partition.

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: I have been petitioned to waive bond of personal representative. What is this?

The estate is located in Florida

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2021

A bond is an undertaking by a surety to indemnify the estate for losses caused by the bonded person (personal representative) stealing from the estate. Sadly, that does sometimes happen. If you totally trust the personal representative then you would normally agree to waive the bond. If you don’t... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: If I pay the traffic citation fine and I plead guilty, don't I have to go to court? 3304 B improper passing on theright
Timothy Kraeer
Timothy Kraeer answered on Apr 25, 2021

If you pay the fine and plead guilty, no you do not have to go to court, but you will receive points on your license. You only have to pay the fine which you can do by mail or online. You should consider talking to an attorney in your area however to see if you might be able to avoid the assessment... Read more »

1 Answer | Asked in Insurance Defense for Pennsylvania on
Q: If an auto insurance company sues me, will my auto insurance company cover those costs or do I?

I was in an automobile accident last year and I was deemed at fault. The other driver's insurance company paid to have the other driver's car fixed and is now suing me to pay them back for those costs. Will my insurance company cover those costs or will I need to pay the other insurance... Read more »

Timothy Kraeer
Timothy Kraeer answered on Apr 23, 2021

If the amount of damages to the other car exceeds your property damage coverage on your insurance policy, you will be responsible for the excess amount. For example, if your property damage limits were $10,000 and the repairs to the other vehicle were $12,000, your insurance will pay the $10,000... Read more »

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I need to know if I can sue for emotional distress with a small claims lawsuit.

My ex and I split up and there were pfas involved. He had all of my belongings in his house as I had lived with him. He finally put my things in a storage unit but only gave back what he wanted to give. I am opening a small claims law suit and have receipts for almost everything except for what was... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 22, 2021

You can seek emotional distress damages, however you must be able to prove it and show that it is a recoverable damage. Seeking emotional distress damages based on having to start over and buy things that you already bought may not legally be a recoverable damage and/or a a cause of action. You... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 22, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »

1 Answer | Asked in Personal Injury and Social Security for Pennsylvania on
Q: I am an orphan who has been kept from exercises around my orphan also starved and robbed for my social security

Who do i contact law firm?...or officers my contact info ..my original bc my name is it in Philadelphia....

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

This is really something that a Pennsylvania attorney familiar with child protection matters would know how to handle. I'm not certain if there is such a category here that deals with child welfare services or child protective services. The closest category might be Family Law - If you were... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt answered on Apr 18, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... Read more »

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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I had to be taken to emergency room last month for back problem's. They needed to operate. When being diagnosed by one

Of the doctor's it came to my attention that my pain management office documented that i recently or after the one they had done 5 years before had exray done on my back, which they had not. The physician and family members seemed confused why? Should i be thinking of legal action

Tim Akpinar
Tim Akpinar answered on Apr 16, 2021

A Pennsylvania attorney could advise best, but your post remains open for three weeks. As a general matter, it could be difficult to speculate on an x-ray that could have been taken five years ago, statute of limitations issues aside (a Pennsylvania attorney should advise on that). At any rate,... Read more »

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