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Pennsylvania Questions & Answers
1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
Ellis B. Klein answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Does a boat trailer with no serial number need a license in Pennsylvania
Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

If it meets the definition of a trailer, yes.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Should I fight a ticket for no point with being change from 81 to 5 over the speed limit?

I am from NJ.

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

If its no points why?

The officer is cutting you a break, and yes, it costs money but that beats points.

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: I rent a apartment inside my landlords home. It is a private 2nd floor full 2 bedroom apartment with a private entrance

Several times I have found her at the top of the steps outside my door listening to conversations when I have company. She has also brought up many things that she should not know about but has learned from eavesdropping. I live in PA. What can I do?

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

Not much other than to say she has to understand that for you to feel comfortable staying there she has to not be listening in. At the same time, don't have conversations of any private nature in the room where the door to the hallway is, or drape an elegant curtain over that door with an... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Eva Zelson
Eva Zelson answered on Jul 22, 2021

While it seems unusual to work another shift after the decision has been made to suspend an employee, it doesn’t seem unreasonable. If possible, check with your human resources department to see what the policies are for suspensions (does the suspension period start on the day the decision is... Read more »

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2 Answers | Asked in Employment Law for Pennsylvania on
Q: If I’m put on unpaid suspension, can my boss make me work my next scheduled shift, then start my suspension?

I am an hourly employee in the state of Pennsylvania. I was told I was suspended on a Wednesday or Thursday, and that I needed to work my Saturday shift, then my suspension starts Sunday.

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

If it's your normal shift they are "unsuspending" you so yes, you would have to work that shift.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Looking to know if this is something that is possible.

I have a friend who is currently incarcerated in a Pennsylvania county prison. In 2019 he was released after serving 4.5 years of an 10 year sentence. Only after about 8 month he picked up another charge for the same thing which is firearms he did not operate the firearm just got caught with them.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

He has a problem if he is a repeat offender for the same offense--judges will assume he didn't get the message so they need to really whack him. He needs to speak with a public defender.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Should I fight a ticket that has wrong info on it? Is it worth it?

I had to get the ticket in the mail because "their system was down" when I got pulled over. The ticket is only for 5mph over the limit although he said he got my speed at 81mph in a 65 zone and was doing me a favor. He also could have said something that my inspection was a few days out... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

Small things like the color of the car won't get you off the hook. Only 5 over, is something you can fight though if the Judge gets the idea you were actually going 16 over they may sock it to you. You have to look at it from a points perspective--are you better off taking the 5 over or... Read more »

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can I get in trouble if I call the police on a dealer that came to my hotel and stole everything of mine when I slept

I gave him money got the stuff but when I passed out he took EVERYTHING. TOILETRIES AND ALL.

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

U would suggest you contact an attorney who handles criminal defense as it's a case where 1) yes you can make the call but 2) explaining why could implicate you.

However, the big problem I see is that unless you know who it was who took your things, for sure not guessing, the Police...
Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I rent and the tenants above me have been smoking indoors. The smoke odor is coming in to my apartment through the vents

I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?

Mark Scoblionko
Mark Scoblionko answered on Jul 15, 2021

Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I waive my rights to a real estate property I am getting with my unmarried partner?

I am entering a mortgage with my girlfriend, who solely put down the deposit on the house we are getting. I am on the mortgage only because my income was needed. For all intents and purposes, I am a tenant, not a homeowner. How do I waive the rights to the property to ensure that it is only in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

If you sign the Note then you owe it. If are not a grantee on the Deed, then you own nothing. Hire a PA attorney now before you make a very serious mistake.

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
Charles William Michaels answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: USCIS has not acknowledged receipt of I-485. Can the applicant reside in the US beyond her visit departure date?

Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending",... Read more »

Agnes Jury
Agnes Jury answered on Jul 12, 2021

The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!

1 Answer | Asked in Estate Planning for Pennsylvania on
Q: My husband recently passed away, we have a will and a trust of which I am beneficary but I never put my name on deed.

Do I have to probate the will, and how do I transfer the deed to myself? Thank You, Anne Marie Ball

Mark Scoblionko
Mark Scoblionko answered on Jul 9, 2021

You need to contact a lawyer to help you. In short, the Will needs to be probated and an estate opened. You, as Executrix, would then execute a deed, unless the property is already in the Trust. As indicated, you need to meet with a lawyer to review everything.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If it would cost me more to probate a will than I would actually get, am I required to do so? What are the implications?

My mother passed away last year, and we didn’t have any issues with inheritance, except for a 1099 showing dividends from an employee stock plan. The account is very small, so it would be more expensive to probate it then it’s actually worth. We’d like to simply ignore it, but we know we’ll... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2021

No but before you decide not to did you look under unclaimed money on the Treasurer's website? Look under both her married and maiden names.

https://www.patreasury.gov/unclaimed-property/

Also if she had a car you want to pass title to, a house you would need to open a simple...
Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: I'm 30 y.o. I'm receiving disabled adult child. If I go back to school am I always stuck at the amount of SSDI I makenow

I'm on disabled adult child with survivor benefits. If I choose to go back to school to make an actual living and I apply for SSD retirement benefits in 30 something years will my benefits match the ones I currently get because I "dipped" into social security already?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 7, 2021

Right now the amount you are paid is based off your parent’s earnings record. If you go to school and then work until you reach retirement age you will draw a retirement amount based on your own earnings record. Your current benefits will stop once you are deemed able to work by Social Security -... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I told him my new address. Would that make a difference?
Ellis B. Klein
Ellis B. Klein answered on Jul 6, 2021

If he filed it with the wrong address, you may be already suspended. You need to either call the court where it happened or a lawyer to look into it

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: I was pulled over a month and a half ago. And the office said I would be getting a ticket in the mail

And I never had to sign anything too. What should I do?

Ellis B. Klein
Ellis B. Klein answered on Jul 6, 2021

Was your correct address on your license because that is likely where it was sent. Call a lawyer as it can be checked online. If it has not been filed, there is a 30 day statute of limitations so it may be too late to file it now, if it hasn't yet been filed. Don't ignore it because if it... Read more »

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Are we responsible for leaving the fridge or buying the landlord a new one?

When we moved into our rental, the landlord provided a fridge with the house. We ended up inheriting a new fridge and the landlord took the fridge that was in the house so we could use ours. Now that we’re moving out, the landlord is saying that we either need to leave the fridge that we got or... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 2, 2021

Seems if he took the old one he should put it back. It would be different i

1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Can my former landlord file legal actions for leaving a few pieces of junk behind during a frantic move out?

We were given 30 days to move out, via a text message and during the move out some things were left behind. The landlord send my roommate a text message threatening legal action if we didn't get the stuff out. He couldn't even ask politely if it was just missed in the move.

Peter N. Munsing
Peter N. Munsing answered on Jul 2, 2021

So get the stuff out now. So he isn't polite--but he's not saying he had someone move it and is charging you. Get it done, ASAP. If the place is locked you need to make arrangments to get in to move it.

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