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Pennsylvania Questions & Answers
1 Answer | Asked in Products Liability for Pennsylvania on
Q: Found forien object a piece of metal in my cigarette as i was smoking
Tim Akpinar
Tim Akpinar answered on Apr 9, 2020

The important question in your situation is, "Did you suffer injury?" If you did, you could try to arrange a free initial consult with a Pennsylvania injury attorney to discuss what happened to you. If you were not injured, even if you could establish a case for the poor quality control measures or... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Brother and sister entered my home when nobody was here and stole my guns knives and personal property
Steven Pacillio
Steven Pacillio answered on Apr 9, 2020

You need to provide more information and formulate a question so that attorneys can weigh in with replies. If the brother & sister took your property you should report it to the police immediately -- especially since there is a gun involved. Should something happen with that gun and you did not... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Should I do my chapter 7 bankruptcy before or after divorce?

I'm separated from my wife and we're planning to get divorced.

I also have $70k in credit card debt and am planning to file for chapter 7 bankruptcy soon.

All of the debt is in my name not hers.

Would it be more advantageous to go through the bankruptcy before or after... Read more »

Timothy Denison
Timothy Denison answered on Apr 8, 2020

Consult a bankruptcy attorney and let him review the financial info, it matters which you file first but only a complete review of your finances can tell you which yo file first.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is my employees allowed to not pay me for vacation/PTO days earned, if they laid me off?

I was laid off due to covid- 19 and my employer wants to not pay me for PTO time earned

Rhiannon Herbert
Rhiannon Herbert answered on Apr 8, 2020

If your employer has an employee handbook, then you should consult the handbook to see if there are any provisions that govern whether you are entitled to your accrued but unused PTO at the time of termination.

1 Answer | Asked in Child Support and Family Law for Pennsylvania on
Q: In the divorce decree, it states that we both waive child support and alimony. Can I (a year later) change my mind?

We share 50/50 custody, and he makes significantly more money than me. At the time, I just wanted the divorce to be over, and I didn’t educate myself about child support. But after more than a year of supporting myself and my 3 kids, money is kind of tight, and I want to know if I can file for... Read more »

Scott L. Levine
Scott L. Levine answered on Apr 7, 2020

You can file for child support. Regardless of what agreement says, support for children can’t be waived.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can I back out of land purchase agreement?

I signed an agreement to purchase land on 3/25. I sent $1000 deposit check to sellers realtor. Due to virus difficulties, I need to back out. Is there any way to have that money refunded and legally back out of agreement?

Cary B. Hall
Cary B. Hall answered on Apr 7, 2020

Probably - but the answer lies within the agreement. There's probably a clause in your document known legally as a "force majeure" clause, which lets parties out of the deal if crazy, unforeseen circumstances occur. You'll probably need a legal eye to review the actual contract, however, and you... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: outstanding charge F3 - 3929 A5 - removing security tag - apparently outstanding warrant

My boyfriend apparently was seen removing a security tag from an item at a store. He changed his mind and left the item and the store and was unaware that it was even seen. We recently learned of an outstanding warrant for this incident. He has an extensive criminal history, however has been... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 7, 2020

The best plan is for him to hire an attorney NOW, and for that attorney to contact the police officer that filed the charges against him. Perhaps something can be worked out from the start, and maybe even have the charges withdrawn. In any case, perhaps he can avoid arrest and incarceration from... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Pennsylvania on
Q: I stay in an apartment in Pittsburgh, PA. The property owners are not providing certain services. Can I withhold rent?

These services are clearly mentioned in the lease. I want to withhold 200$ from my rent.

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 6, 2020

If it is in the lease, send your landlord and reference the language in the lease. Advise them that if they do not provide the service you will hire someone to perform the service and deduct the cost from the rent you pay.

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: If you do a paternity test on a 17 year old, find out it is yours, can the mother get 17 years of back support in PA
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2020

This should be posted in PA section not NY. In NY support can only be ordered from the date of filing of an application for child support forward. I would expect that in PA it would be the same but repost in PA section.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Someone owes you money. They give you their debit card. They end up dying. You withdraw the money. Is it theft

The child of the deceased wants to accuse you of theft

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Apr 5, 2020

So, you used a dead persons debit card to take out money. Unless you have written loan papers or a written authorization I'd be pretty worried. Talk to a local experienced defense attorney. There may be defenses to this type of case, and do not talk to the police before you have talked to an... Read more »

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: I was wondering if it was possible to obtain an extended visa while pursuing a master’s degree in a fully online program

I was wondering if this was possible while also working in the field of the degree one was pursuing.

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

I'm unsure what you mean by extended visa. What is your current status? If it's an F1, you can pursue a work visa, such as an EB visa or a nonimmigrant visa, such as a H1B, O1, L1, etc. If all you have is a bachelor, you probably don't qualify for an O1. The H1B lottery is already over, so you'll... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Does my wife have grounds to file a pfa on me?

Sgbkk

Melinda Previtera
Melinda Previtera answered on Apr 3, 2020

There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.

--Melinda Previtera | Petrelli Previtera, LLC |...
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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Officer said he was giving me a break, won't be cited, won't get anything in mail, & his name. Can I trust it?

1 of 2 vehicles, didn't know each other. Asked where I was going, where I was coming from, what I did. Took 10 mins or less. He said to be safe and slow down. Both vehicles let go at same time. It was the sheriff, 1 back up officer.

Ellis B. Klein
Ellis B. Klein answered on Apr 3, 2020

Sounds like you won’t be cited with anything. Hopefully you thanked him. Good

Luck!

1 Answer | Asked in Family Law for Pennsylvania on
Q: I only get 20 hours a week i cant afford to pay it im late will i go to jailor loose my driving privaleges
Scott L. Levine
Scott L. Levine answered on Apr 2, 2020

If you are referring to your ability to pay child support because of a reduction in hours at your job during this unprecedented time, you are not alone. Many people paying child support have questions about what to do if they lose their job or have their hours cut as a result of the Covid-19 global... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Pennsylvania on
Q: How can I clear my background check per fine careless driving a few 4 yeas ago, please ...

Was happened in Hershey, an exit of the hospital a stop bus inside the the place

Ellis B. Klein
Ellis B. Klein answered on Apr 2, 2020

The law says you have to wait 5 years from the date of conviction before you can file to expunge the case.

1 Answer | Asked in Child Custody for Pennsylvania on
Q: My custody order allows an expanded or altered schedule. Could the PA stay at home order fall under this provision?

This custody order is outdated; the original schedule fit within the circumstances that I was in at the time the order was put in place, but no longer does. One thing that has not changed is that I have primary physical custody, the father has partial custody and we share legal custody. As stated... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 2, 2020

I'd say no, because the key here is "mutual agreement." If you two can agree to something other than what's written in the original Order -- and you say that you've already done this -- then no harm/no foul if no one's complaining. But it doesn't sound like it gives you the right to unilaterally... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was cited for speeding by a stater trooper not in uniform in an unmarked vehicle who put wrong info on citation

He put wrong color of car and I received the citation 31 days after incident through mail it says I was clocked at 106 on a 65

Ellis B. Klein
Ellis B. Klein answered on Mar 31, 2020

You need to follow the instructions on the ticket and plead not guilty as you are facing 5 points plus a likely license suspension if you are convicted of that speed. The wrong color could possibly be a defense, but you may be better off trying to save your license. An experienced traffic attorney... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Q: Can my old criminal history be used against me in a civil trial if I take my neighbor to court for noise violations?

I have a criminal history that involves several incidents of various identity theft crimes, some of which were felonies. It was resolved 10 years ago when my parole ended. After trying mediation with my neighbor he still allows his dog to bark incessantly every day for hours. I have PTSD from my... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 31, 2020

Why don't you just contact the police about the dog disturbing the peace? Let the cops handle it, and tell them you want to file charges against your neighbor.

To answer your question, however, your criminal history would only be relevant as to "crimin falsi" convictions -- meaning crimes...
Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is there a statute that covers buyer delays in a PA real estate transaction due to COVID-19 or any national emergency?

Seller will not extend closing date and is threatening legal action. Delay is due to a credit supplement needed, but it has been delayed due to COVID-19 and businesses working from home and with minimal staff.

Cary B. Hall
Cary B. Hall answered on Mar 31, 2020

Forget statutes and look to the terms of your real estate contract. Is there a clause within (and usually it's one that no one bothers to read) that accounts for circumstances beyond anyone's control? These are known as "force majeure" clauses. Read your contract, and talk to your realtor. It... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: How can I obtain a copy of my discovery from a criminal court case in 2005.
Steven Pacillio
Steven Pacillio answered on Mar 30, 2020

Unfortunately, if the case closed out in 2005 it has been about 15 years (depending on the exact date), so it is unlikely that your attorney still has the file. The Rules of Professional Conduct do not require attorneys to keep files for 15 years. The file has likely been destroyed. Regardless,... Read more »

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