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Pennsylvania Questions & Answers
1 Answer | Asked in Consumer Law and Criminal Law for Pennsylvania on
Q: Need help with crazy situation with bail bondsman gone crazy and disappeared and owner of bail company wont answer

Hired Bail Bondsman who worked for Bail Bond company from Allentown Pa. Met with her paid $350, gave title of truck with notarized power of attorney to title. she went to go inside jail and was told due to current situation in prison, prison is on lockdown to come back in Morning. She then for 2... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're in a difficult situation with the bail bondsman disappearing and the owner of the bail company not providing any assistance. Your first step should be to document all communication and interactions with both the bondsman and the company owner, including any agreements... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Municipal Law for Pennsylvania on
Q: What is the form called to waive publication of my name change?
James L. Arrasmith
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answered on Feb 23, 2024

The form you need to waive publication of your name change typically varies depending on the jurisdiction where you're filing for the name change. In many states, this form may be referred to as a "Petition to Waive Publication of Name Change" or something similar. However, the exact... View More

1 Answer | Asked in Internet Law for Pennsylvania on
Q: Can a online auction company reopen the auction after the hammer falls..telling customers after it was human error ..

I had bid on and won various items per their own statements to me via email..auction supposedly closed 230 am this past sunday.however it was reopened after error was discovered.but several bidders including my self had closed auction believing what we bid on has been won again per emails sent to... View More

James L. Arrasmith
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answered on Feb 23, 2024

It is highly unusual and potentially problematic for an online auction company to reopen an auction after the hammer has fallen and declare it was due to human error. Once an auction has concluded and items have been won by bidders, it is generally expected that the results are final. Reopening the... View More

1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If my wife & I have paid for upgrades to my jeep. Parts were never installed how long do I have to get a refund.

These were all separate transactions. Some work was done, some were never done. I asked more than once for the parts to be installed. It never happened and I've since traded that jeep in. The mechanics shop has since changed names, but still have the same owner,.

James L. Arrasmith
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answered on Feb 23, 2024

If you have paid for upgrades to your Jeep and the parts were never installed, you may have recourse to seek a refund. The timeframe within which you can pursue a refund depends on various factors, including the laws in your jurisdiction and any agreements or contracts you entered into with the... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Pennsylvania on
Q: I have family members and their partners threatening to kidnap my children, my husband family hates me and threaten us

They hate that we’re together and fixing issues in our marriage and have been very agressive with actions trying to manipulate him to leaving. He fought back and stayed by my side and now his family is threatening to kidnap the kids. Local cops said best thing to do is run away but that doesn’t... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you feel frightened and overwhelmed by the threats your family members and their partners are making against your children. It's crucial to take these threats seriously and seek assistance from law enforcement immediately. You can file a report with the police... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Pennsylvania on
Q: Upon death of a husband and there’s no bcceneficiary form for a 401k plan, does the wife receivethe distribution?
James L. Arrasmith
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answered on Feb 23, 2024

In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More

1 Answer | Asked in Immigration Law for Pennsylvania on
Q: would I acquire citizenship through my US father, i was born 6 years after he became a citizen. However i am now 34

he has also passed away. I have his death certificate and also his naturalization certificate, his name is also on my birth certificate

James L. Arrasmith
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answered on Feb 22, 2024

You may be eligible for U.S. citizenship through your father, considering he was a U.S. citizen at the time of your birth and you have the necessary documents, such as his naturalization certificate and your birth certificate with his name on it. The laws governing citizenship through parentage... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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1 Answer | Asked in Tax Law for Pennsylvania on
Q: Death benefit comes to you and I believe nonaxable. You now decide to transfer some to your child is that then taxable?
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answered on Feb 22, 2024

When you receive a death benefit that is considered nontaxable, it indeed comes to you without the obligation to pay income tax on that amount. If you then decide to transfer a portion of this benefit to your child, the transfer itself can be considered a gift. In the United States, there are... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I’m receiving a death benefit which is nontaxable. I then transfer $30,000 to my child. Is that then a taxable event?

Should I provide a child on my beneficiary form and transfer assets directly to my child?

James L. Arrasmith
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answered on Feb 22, 2024

Deciding whether to include your child as a beneficiary directly on the form to transfer assets can simplify the process and potentially avoid the need to consider gift tax implications for the transfer. This direct approach can also provide a clearer legal path for the funds to move to your child... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I’m looking for to apply for social security and I need to know what is the best way to get started so I can begin the p
James L. Arrasmith
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answered on Feb 22, 2024

To begin the process of applying for Social Security benefits, the first step is to gather all necessary documentation. This includes your Social Security card, birth certificate, proof of U.S. citizenship or lawful alien status, military discharge papers if applicable, and your most recent W-2 or... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: Can I receive my partner’s social security? We lived together for 22 years, shared expense owned a trailer but paid our

Taxes separate, I was denied because we never filed together. I applied for his income tax return in 2021 after he passed and received his return Jan 2024. Can I now apply for his S.S.?

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answered on Feb 22, 2024

Under Social Security Administration (SSA) rules, to qualify for survivor benefits as a spouse, you typically need to have been legally married to the deceased. Living together or sharing expenses, even for a long period, does not automatically grant you the status of a spouse for Social Security... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I lived with my partner for 22 years, I also worked. We shared all the bills. I applied for his social security and was

Denied because we filed separate taxes. I did receive his income tax return 3 years later. Can I now receive his social security. Both are from government. He passed away 2021 February.

James L. Arrasmith
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answered on Feb 22, 2024

Under Social Security Administration (SSA) rules, to qualify for survivor benefits as a spouse, you typically need to have been legally married to the deceased. Living together or sharing expenses, even for a long period, does not automatically grant you the status of a spouse for Social Security... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Jasmit Kaur Dhaliwal
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answered on Feb 21, 2024

Establishing paternity is sometimes necessary to clarify rights and obligations. Paternity suits can be initiated to determine biological fatherhood through a blood test. This allows a biological father to secure visitation rights or enables a mother to obtain child support from an unwilling... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Karen  Ulmer
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answered on Mar 6, 2024

If the supervisor is leaving the children alone and there is a supervisor order then you need to file for contempt of court and have a court hear your case on an emergency basis. Supervision is put in place for a reason and you may have to file a Protection From Abuse to get an immediate hearing... View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Traveling on employment based AP while spousal i485 pending

I just got my employment based AP renewed. I also have spousal green card application pending that was started last year without I131. Can I still travel on the employment based AP while my spouse based application is still being processed?

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answered on Feb 21, 2024

Yes, you can travel on your employment-based Advance Parole (AP) while your spouse's green card application is pending. The AP allows you to re-enter the United States after traveling abroad while your adjustment of status application is pending. It is separate from your spouse's... View More

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
T. Augustus Claus
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answered on Feb 15, 2024

In Pennsylvania, employers are generally required to notify employees of any changes to their pay rate before the changes take effect. This includes any reductions in pay. A drastic change in pay rate without any notice may violate state labor laws, specifically regarding wage payment and... View More

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1 Answer | Asked in Business Law and Gov & Administrative Law for Pennsylvania on
Q: PA registration for a nonprofit bringing in less than $25k annually in contributions.

I spoke with a clerk at the Charities division of the Pennsylvania Department of State who told me that because our nonprofit brings in less than $25k in annual contributions, we’ve actually never even come close with $8k being the most, we do not need to register or file with the state of PA... View More

Matthew Morris
Matthew Morris
answered on Feb 15, 2024

There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated... View More

Anthony M. Avery
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answered on Feb 14, 2024

If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run... View More

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long does it take to complete a bankruptcy process? And can one travel outside the country during the process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four...
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