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Pennsylvania Questions & Answers
1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Can the judge reduce the offense leaving the scene of an accident to lesser offense so I don't get my license suspended.
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 25, 2022

The Judge cannot reduce a charge however the prosecuting authority can. If you go to trial and the prosecutor does not prove the charge beyond a reasonable doubt, but proves a lesser charge beyond a reasonable doubt then the Judge can find you guilty of the lesser charge. I recommend that you... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Employer violating handbook policy on vacation, sick and personal time .

Employer is not honoring hand book policy on leave time give. In the handbook it is stated in terms of days . Our facility is running permanent 10 and 12 hr schedule but vacation is accured based on 8 hour usage therefore does not equal the hours needed to cover stated days given. For instance 5... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 24, 2022

Unfortunately, there is no law that requires paid time off, so employers have a lot of discretion to make the rules regarding when (and how much) they offer. However, this may be worth bringing a complaint to the attention of your HR department and explaining the discrepancy if you have not already... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Pennsylvania on
Q: In PA, if my sister and I live with my father and he passes away, can we keep living in the house?

Both my sister and I are over 18 oh, and my father passed away. We both have been living in the house helping take care of him. He told us that both my sister and I would be getting 50% of the house. We have not been able to locate a Will anywhere, and I know we are supposed to pay inheritance tax... Read more »

Michael Cherewka
Michael Cherewka
answered on May 24, 2022

There are too many unanswered questions right now to give you a specific answer in this type of forum, but you are fortunate that there are no mortgages or liens on the house. You should meet with an experienced estates attorney to assist you in opening an estate administration (since there is no... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
Karen Ulmer
answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 21, 2022

"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: If there is unclaimed death benefits from my grandparents who died 28 years ago is it hard to claim

I am the only child of their only child and they have no siblings left alive. My father who was their only child died 20 years ago. They had no will.

Mark Scoblionko
Mark Scoblionko
answered on May 19, 2022

Your question is not specific enough to answer. What are “death benefits?” Is this life insurance, real estate, etc.?

As a general proposition, a portion of estate assets would ordinarily go from one grandparent to the other and a portion would have gone to your dad, unless your...
Read more »

1 Answer | Asked in Child Custody and Child Support for Pennsylvania on
Q: need help with foster care

Hi, We are senior grandparents to a drug dependent daughter and a father of our three grandchildren ages 5, 8, and 11. Youth service will not allow the children to be with their parents unsupervised. The children live with us and are cared for by us. Being both seniors we are on a fixed income... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 19, 2022

You can file a child support complaint against both parents. It might be helpful to you to first discuss the matter with an experienced family law attorney in your county, who can explain the process to you but, in the end, this is a case you can pursue on your own if need be.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: What is the best way to have a great aunt give us her home and car in the event she passes away in Pennsylvania?

The great aunt has a will and the executor is her niece. Does she need to include this in her will? should we do a deed transfer now so we avoid the most taxes? what is the best route to avoid the 15% inheritance tax?

Michael Cherewka
Michael Cherewka
answered on May 19, 2022

If your great aunt wishes to continue owning the home and car until she dies then she would need to revise her Will to include both of these assets as specific bequests to you.

Your great aunt can gift the house and car to you now if she is comfortable with transferring title to you. As...
Read more »

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Would I be able to sue a person who caused a car accident if I am not injured?

I was involved in a car accident in February. I didn't know any better and filed the claim under my insurance. My car has been waiting for repairs since then. I have exhausted the car rental coverage under my insurance. Since then I've had to pay out of pocket for transportation costs and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 14, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I'm glad you were not injured. If you're not suing for bodily injury, then it looks like you're contemplating damages associated with not having a working car, employment-related, etc. Without... Read more »

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Pennsylvania on
Q: I have Aflac and was denied accident, hospital and critical illness claims after I have a miscarriage at 12 weeks.

was hospitalized( was admitted), and given an emergency blood transfusion. Was this not an accident? Is needing a stat blood transfusion critical? And I was admitted to the hospital but because I wasn't there 24 hours they denied that claim as well?

Tim Akpinar
Tim Akpinar
answered on May 7, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. And it's possible that time could be of the essence in responding to the denial. I am very sorry for your ordeal.

The short answer is that an attorney consult could be valuable here, unless you are...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does the court system have to bring you to court and sentence you for a criminal matter for 2019
Kelly Jurs
PREMIUM
Kelly Jurs
answered on May 5, 2022

The short answer is, 365 days from the date of the filing of a criminal complaint. However, this does not include what the law describes as "excludable time" which could be time in a diversionary treatment program or continuance requests by defense counsel for investigation and trial... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is it legal for an employer to approve both a raise and bonus only for employees who did not vote to form a union?

Union vote for a segment of employees was counted 4/8. Since then a 4% raise was approved for everyone but the segment of employees who took part in the union vote and a 2.5% bonus was announced today again for everyone but those who will have union representation. Is this legal?

Casey Green
PREMIUM
Casey Green
answered on May 5, 2022

I'd like to hear more about this, but based on your representation, it appears to be unlawful discrimination under the National Labor Relations Act. For example, Section 8(a)(3) of the Act makes it an unfair labor practice for an

employer to discriminate against employees “in regard...
Read more »

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1 Answer | Asked in Arbitration / Mediation Law for Pennsylvania on
Q: Hi.  We went to mediation and signed a document saying ...

"The parties agree to resolve this matter and to prepare a settlement agreement to include the following terms: ..."

The agreement the opposing side came up with includes some unfair and crazy stuff, including:-We would like some things clarified, added and deleted but the other... Read more »

Tim Akpinar
Tim Akpinar
answered on May 4, 2022

A Pennsylvania attorney could advise best, but your question remains open for four weeks. However, it's difficult for an attorney to offer guidance based on a brief post. You could reach out to Pennsylvania attorneys to discuss, but they may want to see the agreement and learn more details... Read more »

2 Answers | Asked in Estate Planning for Pennsylvania on
Q: When a married couple in PA has separate wills and the man dies, do all joint accts automatically belong to the wife?

Does this make the estate bankrupt and is the wife then liable to pay outstanding bills?

John B. Whalen, Jr.
John B. Whalen, Jr.
answered on May 3, 2022

… hello …

… re joint accounts? - they go to the designated joint owner …

… re bills? - they are payable by the estate …

John

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2 Answers | Asked in Estate Planning for Pennsylvania on
Q: When a married couple in PA has separate wills and the man dies, do all joint accts automatically belong to the wife?

Does this make the estate bankrupt and is the wife then liable to pay outstanding bills?

Michael Cherewka
Michael Cherewka
answered on May 3, 2022

Although all joint accounts pass to the surviving wife by law, and avoid probate, and therefore are not included in the probate estate which would be available for husband's creditors, the question as to whether the surviving wife could be liable to pay deceased husband's creditors... Read more »

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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed an appeal of dismissal of a bankruptcy order. Is the automatic stay still in effect since appeal is pending?
Daniel Edward Mueller
Daniel Edward Mueller
answered on May 3, 2022

The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.

Although the automatic stay is typically reimposed upon...
Read more »

1 Answer | Asked in Personal Injury for Pennsylvania on
Q: How long do you wait for a lawyer to act on a fall?

Hired over six months ago.

Theodor Kaplun
Theodor Kaplun
answered on May 3, 2022

This really depends, my suggestion is you reach out to the slip and fall lawyer you hired and have a discussion about your timeline.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: What do I do for a mailed citation (1st ticket) and I know I stopped on a sign and yielded but it caused a car accident?

A car hit my car at the front passenger side as I was making a left turn at Route 663 at 3:40am. The road was blind on my right and a car was speeding down. Instead of him having a collision towards me, he swerved to the right and fell on a ditch and hit a tree. His car was wrecked but he was fine... Read more »

Timothy Kraeer
Timothy Kraeer
answered on May 1, 2022

You should absolutely plead not guilty. At the very least, it may be possible to have the citation amended to a section that will not add points to your license. Consult a traffic attorney in your area for more information.

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Pennsylvania on
Q: I need an attorney to sue my pet insurance company for bad faith. There is also a possible claim under the consumer ...

I have a pet policy with lemonade insurance company. I filed a claim for emergency services after my dog needed treatment. The company is only covering part of the cost. They are supposed to cover 90% of the cost minus the annual deductible. They are only covering about 50% of the costs and acting... Read more »

Daniel Edward Mueller
Daniel Edward Mueller
answered on Apr 28, 2022

Given the facts you presented, you may have bad faith, breach of contract, and other claims. Damages for insurance bad faith can include actual damages, interest on the damages, punitive damages, attorney's fees, etc. Therefore, you should undoubtedly ask an attorney to review the policy,... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I filed appeal to an Order Granting Relief from Automatic Stay in Brutpcy Court, Is the stay in effect pending appeal?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 27, 2022

No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps... Read more »

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