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Pennsylvania Questions & Answers
1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
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1 Answer | Asked in Consumer Law, Estate Planning and Family Law for Pennsylvania on
Q: If trustee is also POA and I'm suing the trustee, can the settlement agreement involve POA stipulations?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 26, 2024

While you fail to say so. I have to assume, from your question, that your litigation involves the trustee's Power of Attorney. If so, it is highly likely that the Court would approve any reasonable settlement stipulation of the litigants, and that would extend to POA provisions,... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Pennsylvania on
Q: How do you win a he said she said case
Tim Akpinar
Tim Akpinar
answered on Aug 26, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. This is an open-ended question - the answer could fill volumes, based on tactics used in court for impeaching witnesses. These could be found under state and federal rules of evidence.

The short answer to...
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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What Rights can I exclude over trademark name WeatherShield Inc?

My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More

Alan Harrison
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answered on Sep 15, 2024

Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More

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1 Answer | Asked in Bankruptcy and Collections for Pennsylvania on
Q: what about credit card debt when you are dead?
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Soon filing for chapter 7 but before I do I am getting a new vehicle, my Dad is co-sign. Is tgis a terrible idea?

The current vehicle I don’t want stuck with for 7 years with ch 7 b/c it’s worth more than what’s owed.

James L. Arrasmith
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answered on Jul 24, 2024

Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Pennsylvania on
Q: Guardians/Trustees

If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?

On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?

James L. Arrasmith
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answered on Jul 24, 2024

If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: Bankruptcy lawyer dropped the ball?!

I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a... View More

James L. Arrasmith
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answered on Jul 21, 2024

You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: I share joint 50/50 with my ex. My ex enrolled our child in school outside of the area without my permission.

Anything I can do legally? Since we have joint custody.

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

The first question is there a written court order regarding custody between the parents or is there agreed to document that the parties have been living with or is there no agreement regarding custody?

The second question is do you have 50/50 legal custody or just 50/50 physical custody...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I am in Pa & have a 5 yr old son in Tx who may not have any formal paperwork (bc, ss).Mom refuses contact w me.options?

In Feb 2019 we had an unexpected homebirth. We lived together for 1 year when mom took our son to her family and refuses to speak, acknowledge, or even accept child support from me or my family. He was only seen informally by medical professionals, & never received legal documentation while we... View More

Shadia M Combs
Shadia M Combs
answered on Jul 20, 2024

I am sorry you are going through this. Sadly based on the information you have provided if the child has not been in PA for at least six (6) months PA does not have jurisdiction over the child. You will have to go through the Texas courts. Reach out to a Texas family law attorney to inquiry about... View More

1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Hi there, Can you please explain if trucking company operates interstate, can it be exempt in WY?

Hi, i am a trucking company owner and operate interstate and do have a interstate operating authority. Currently one of my truck broken down and getting repaired in state of Wyoming. I am trying to explain the the shop that i am exempt and taxes for parts and repairs needs to be waived. But they... View More

James L. Arrasmith
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answered on Jul 2, 2024

As a trucking company owner operating interstate with an interstate operating authority, you may indeed be eligible for certain tax exemptions in Wyoming, including exemptions on sales tax for parts and repairs. Here's how you can approach this situation:

1. Wyoming Tax Exemption for...
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1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a partnership with someone who sells partnerships in horse. He said they are going to file personal bankruptcy

Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.

James L. Arrasmith
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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might...
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1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I am trying to become my own payee in a one off scenario for SSA

I requested to have a representative payee. No doctor ever filled out the documentation requiring me to have a representative payee. I have been trying to become my own payee for approximately 3 years. I have done everything that SSA requires and now the local field office supervisor stated that he... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds frustrating. To address your issue:

1. Review process: Typically, the SSA has a process for reviewing payee arrangements. The fact that a supervisor is refusing to consider your request is unusual and potentially problematic.

2. Documentation: You mention no...
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1 Answer | Asked in Social Security and Tax Law for Pennsylvania on
Q: How does earned income get reported in 2023 and not have a W2 or other documents from any source proving of the income?

Just received notification of the extra earned income for 2023. It's affecting my retirement benefits because of it. Possible fraud and It involves missing money.

James L. Arrasmith
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answered on Jun 25, 2024

I understand you're concerned about extra earned income being reported for 2023 that's affecting your retirement benefits, despite not having any W-2 or other documentation of this income. This is indeed a serious situation that could potentially involve fraud. Here's how I'd... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Public Benefits for Pennsylvania on
Q: I have been renting a room from a friend however I am not on the lease and am unaware if the landlord is aware

Is my friend at risk of being evicted if the landlord is made aware of this? I have been receiving mail here. However I recently applied for food stamps using this address. 1. Is the assistance office allowed to contact the landlord? And 2. Do I have any legal right to live here as well is my... View More

James L. Arrasmith
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answered on Jun 23, 2024

To address this complex situation, let's break it down into several key points:

1. Subletting without permission:

Your friend is likely violating their lease agreement by allowing you to live there without the landlord's knowledge or consent. Most leases prohibit...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am filing chapter 7 bankruptcy and wanted to know if I use a credit card before the court rules. I’ll keep it paid off

I did get the card after filling for bankruptcy with the intent to grow my credit the correct way this time by always paying it off

James L. Arrasmith
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answered on Jun 22, 2024

I cannot recommend using a credit card after filing for bankruptcy, as this could potentially cause serious legal issues. Here are some important points to consider:

1. Disclosure requirement: When you file for Chapter 7 bankruptcy, you must disclose all your assets and debts, including any...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
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1 Answer | Asked in Civil Rights and Probate for Pennsylvania on
Q: I was served yesterday, a Reissue of the writ of summons / Civil, dated 6/10/2024.

Original praecipe for summons was attached, Dated Nov 7, 2023. So far no complaint has been filed. Should I file a praecipe and rule to file? I feel this is harassment from my deceased father's estranged wife. My father passed away 3 years ago, and the will has gone through probate, and... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's my analysis and advice:

1. Timeline:

- Original praecipe for summons: November 7, 2023

- Reissue of writ of summons: June 10, 2024 (served on June 20, 2024)

- No complaint filed yet

2. Legal situation:

-...
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