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Pennsylvania Questions & Answers
1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Do response times for fines include Sundays?

I got a citation for an out of date inspection on Friday July 3rd. I had to wait until the following Saturday (July 11th) to mail the payment because I didn’t get paid until then. The cop said “you have 10 days to respond”. I didn’t get the envelope in the mail until after the pickup time... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jul 11, 2020

Just send back the not guilty plea asap or go to the courthouse and plead not guilty in person. Bring proof of inspection to court and show it to the officer who will hopefully drop the ticket

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: What would I need in order to get married if my partner is not a U.S citizen in PA?

He does not have a ssn, or a green card.

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

Check with your local clek of court regarding identification required to marry.

1 Answer | Asked in Trademark for Pennsylvania on
Q: Can a secondary institution use an animal logo that is trademarked if the text, style, and colors are different?

If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?

Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »

1 Answer | Asked in Child Custody for Pennsylvania on
Q: Does a emergency custody order need to be signed by a judge

My friend received a letter in the mail and a text from the other parties lawyer stating that there is an emergency order put into place. When reviewing the paperwork that was sent from the other parties lawyer there was no judge signature or anything.

Cary B. Hall
Cary B. Hall answered on Jul 8, 2020

Yes, a judge's signature (whether actual or electronic) is necessary. You should be able to get it directly from the Court or the other party's attorney. And you should demand to see it.

Best of luck to you.

3 Answers | Asked in Immigration Law for Pennsylvania on
Q: she some1 apply for citizenship if married in 2000 was denied twice. 2009 got greencard through citizen daughter.

Should my mom apply for her citizenship.

After she was denied her greencard in 2000 but later received it through her child.

Kevin L Dixler
Kevin L Dixler answered on Jul 8, 2020

More information is needed, but this seems complicated, and perhaps, the USCIS made a mistake in granting lawful permanent resident status. In addition, the USCIS can get confused if steps were not taken to clarify how she qualified when approved.

As a result, I strongly recommend an...
Read more »

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1 Answer | Asked in Car Accidents for Pennsylvania on
Q: What if someone hit 3 parked cars with liability insurance and it only covers $5k. How does that get divided?

The lady's insurance company is saying they only cover up to $5000. I just want to know how that works with multiple cars being hit.

Mark Scoblionko
Mark Scoblionko answered on Jul 7, 2020

The proceeds of insurance get prorated among all the people with claims, based on the amounts of the damages to each car. In all likelihood, there would not be enough funds for you to fully cover your claim, and you would then have to resort to your own collision coverage, if available.

1 Answer | Asked in Car Accidents and Traffic Tickets for Pennsylvania on
Q: If an officer issues a citation for a crash but did not witness the violation himself and there were no witnesses

can the officer testify in traffic court to the violation he cited for?

Ellis B. Klein
Ellis B. Klein answered on Jul 7, 2020

Yes. He can testify to his opinion how the crash occurred at it is up to the judge to determine if he has proven the case against you beyond a reasonable doubt. You should get a lawyer because chances are you are looking at some points. Another option is to negotiate the ticket with the cop and try... Read more »

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: What can I do to get the dog back? Please help

A woman verbally surrendered her dog to me after abusing him, another woman offered and took him for vet care and after we established that he would have a permanent home with my grandmother after he recovers from vet care, she is now saying she is keeping him. My grandmother already met him, did a... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 5, 2020

You’ll have to sue this person to get the dog back.

1 Answer | Asked in Domestic Violence, Juvenile Law and Criminal Law for Pennsylvania on
Q: How is my 13 year old expected to pay a citation ?

My 13 year old son was issued a citation for harrassment after hitting his mother in the arm with an outside trashcan, as self defense, after she repeatedly smacked him in the face up to 6-7 times, how is he expected to come up with $300, and can I fight it

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

First question, with cash, preferably obtained from his mother. Second question, no, but HE can fight it, and if you are a parent with custody , you have to be there to do so.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: I was bitten by a client that has no information about them having a history.

I want to sue for emotional distress & Pain and suffering for this incident. I’m a CNA but I had no idea this person would attack me.

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

You are a CNA, if a mental patient attacked and bit you they may have no liability. But just being a CNA does not mean that you assume the risk of being bitten as a part of your job function. The Biter may be personally liable to you for assault, battery or infliction of emotional distress, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I have not seen my 4 year old son in 8 weeks.

His father won't outright deny me the ability but keeps making up excuses every time I ask or have plans to go there because he wont allow me to take him with me. We were never married. I was however married to my daughters father when my son was born. We had to fill out certain paperwork in... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 5, 2020

The police won't enforce a *court* custody order, much less your say-so over who is supposed to have physical custody of your son. Cops aren't in the business of using kids as a rope in a game of tug-of-war between warring parents, and they'll refer you to the court once they make... Read more »

1 Answer | Asked in Internet Law and Juvenile Law for Pennsylvania on
Q: Is it illegal to send pictures of penis while underage to someone also underage and they saved them w/out my permission?

The receiver saved the pictures without consent and then sent them to other people without my consent. Is the sender more at fault or the receiver?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

No one needs your permission to save the photos you send to them, what would make you think that they do? No one needs your permission to remember what you say to them, or to repeat it to someone else. What you put out on the internet or over texting on the phone is the same thing, and IT LASTS... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.

Is this possible I wanted to get advice on how to approach this

Timothy Belt
Timothy Belt answered on Jul 5, 2020

I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 3, 2020

Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »

1 Answer | Asked in Intellectual Property for Pennsylvania on
Q: Business name intellectual property question

I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... Read more »

Kathryn Perales
Kathryn Perales answered on Jul 3, 2020

Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the... Read more »

1 Answer | Asked in Child Custody and Family Law for Pennsylvania on
Q: what wil happen if my child refuses to go to fathers on schedule date?

My 9 year ole daughters refuses to go to her fathers every other monday when it time to go. What will happen to myself, mom if I dont make her. I have already file to modify custody but of course that is 30 days away. Shes ready too talk to judge, but I know I have to wait for trial.

Kathryn Hilbush
Kathryn Hilbush answered on Jul 2, 2020

The court expects you to follow its orders. Your daughter is 9 years old and not in control- you are because you are an adult and you are her parent. Tell her she must follow the order. Do no say anything bad about the dad. If the judge is willing, she can have her say in 30 days. That's not... Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is there oversight if someone dies and no one files a will?

My father, whom I was estranged from, died in April 2020. I am curious about his will and would like to know its content. I have no idea who the executor is or if there is one. He died in a nursing home. County says no will has been registered at this time. 1) Does someone have to file a... Read more »

Michael Cherewka
Michael Cherewka answered on Jul 2, 2020

Your post shows Oregon as the origin so I will start off by saying probate is state specific, depending on where the decedent resided at the time of death. That being said, in Pennsylvania there is no requirement to probate a Will unless the decedent had sufficient assets to open an estate, and... Read more »

1 Answer | Asked in Election Law and Real Estate Law for Pennsylvania on
Q: What would be the best way to address an HOA election dispute in PA?

It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board)... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 1, 2020

The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this?

1 Answer | Asked in Criminal Law and Employment Law for Pennsylvania on
Q: Is it legal for an employer to fire you right after an accident without first filing a police report,

Backed into at work and was physically pinched between the back of a truck and a cement dock and employer refused to call police, wanted employee to fill out an incident report before medical treatment was even mentioned which the employee refused to sign, and then called the employee after hours... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 1, 2020

More details are needed to analyze your situation. Were you injured in the accident? Did you and your employer discuss filing a workers' compensation claim before you were terminated? It is unlawful for your employer to terminate your employment because you pursued a workers'... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Found my 4th great-grand fathers land patent from 1815. This land may be part of "state game property"..? Was told to

check Title records from 1795 to present, to see if there may be a claim to this family property..?

Crawford county, PA.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But if you feel it is important, hire a competent attorney to run a Title Search for at least 225 years. It will involve alot of inexact legal descriptions and questionable derivations of title. I suggest you start with a search back about 50 years to start with, as... Read more »

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