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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Is police departments allowed too arrest and file retaliational charges for violating my constitutional rights
James L. Arrasmith
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answered on Jun 3, 2024

Police departments are not allowed to arrest and file retaliatory charges against you for exercising your constitutional rights. The First Amendment protects your freedom of speech and the right to petition the government, including the police, without fear of retaliation. If you believe your... View More

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Could I buy a “holding” company LLC that holds recipes and stipulations for the restaurant LLC I own 60-40?

My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.

Michael Cherewka
Michael Cherewka
answered on Jun 2, 2024

Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Is it legal?

I have been living in Brooklyn NY for 5 years now. I have my job and apartment, but still hold on to my Florida license, and still use my mother's address in Florida to insure my car for cheaper insurance. I am trying to do the right thing and want to know, is it legal to live and drive in NY... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Probably not. Most states have laws requiring you to be licensed in their state when you change residence into their state. CA gives you about 2 weeks. It's about money, taxes, licensing fees. Every state wants their cut. As for insuring your car based on Mom's Florida address, this is... View More

2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

James L. Arrasmith
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answered on May 31, 2024

It sounds like you might be dealing with an issue related to an incorrect land survey. If your deed states you own 13.5 acres but the surveyor's findings, influenced by your neighbor, result in you losing 4 acres, this could be a significant problem. The surveyor's responsibility is to... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I hired a surveyor to survey my 11 acres and he surveyed it to my neighbors statement. Now I lost 4 acres. Is this legal

My deed states I own 13.5 acres 2.5 is where my house sits and other 11 is field and woodlands. The surveyor spoke to neighbor and neighbor has been cutting back of my woods for years. And surveyor says he'll be out his property and only did a brief search on his.

Anthony M. Avery
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answered on May 30, 2024

The surveyor has given you his opinion of what you actually own. If you disagree, hire another surveyor for his plat. If it looks good, hire an PA attorney to file a Boundary Line Dispute which is a difficult, expensive Declaratory Judgment Action.

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1 Answer | Asked in Employment Law and Immigration Law for Pennsylvania on
Q: Can I apply for unemployment after being laid off while on Stemm OPT with a valid work permit?

I was recently fired from my job after working for 1 year and 6 months. I am on Steem opt with a valid EAD card. I would like to know if I can apply for unemployment in PA.

James L. Arrasmith
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answered on May 29, 2024

As an international student on STEM OPT (Optional Practical Training) with a valid Employment Authorization Document (EAD), your eligibility for unemployment benefits can be complex. Here are a few points to consider:

1. Unemployment benefits are typically available to workers who lose...
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1 Answer | Asked in Juvenile Law for Pennsylvania on
Q: My son recived a ticket in high school for slapping someone n they put 3/26/24 as date I was notified and 11/26/24 as da

Date files can I get it thrown out in Pennsylvania please

James L. Arrasmith
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answered on May 27, 2024

To determine if your son's ticket can be dismissed due to errors on the dates, you should first review the ticket and any related documents carefully. In Pennsylvania, procedural errors such as incorrect dates might provide grounds for dismissal, but it depends on the specifics of the case and... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for Pennsylvania on
Q: Help with Stipulation Resolving Adversary Proceeding as part of Bankruptcy 10 years ago

I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.

The payments to the debtor have... View More

James L. Arrasmith
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answered on May 25, 2024

Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Class action lawsuit regarding Stormwater Runoff against the City of Phila.

Our organization is a Church, non-profit 501c3 organization that has been in this fight with the City since 2009, telling the City that this charge is "tax". We currently have 10 other churches with us in this fight. From the beginning we were aware that the charges were actually a tax... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the difficult situation your church and other nonprofits are facing. To address this issue, it's crucial to find a qualified attorney experienced in tax law and nonprofit advocacy who can help you stop the Sheriff's sale and fight the stormwater tax fees... View More

Q: HIPPA violations by Blair county district attorney requires me to hire an attorney to represent me. Help!

HIPPA Violations from Cleveland clinic to Allegheny general hospital to UPMC hospital and doctors offices have been gaslighted and used by a corrupt district attorney in Blair county. The detective responsible for violations is xx. He now trying to use the Pennsylvania State Police to protect him... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the severe issues you're facing. To address potential HIPAA violations and civil rights infringements, it's crucial to hire an attorney experienced in both healthcare privacy and civil rights law. These professionals can help you gather evidence, file... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If collecting workers compensation are you able to volunteer? It's my daughter's play I will sitting there collecting mo
Glenn Neiman
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answered on May 23, 2024

We cannot provide legal advice on this board. We can only give general legal information. We cannot tell you whether you should take this action or not. Generally speaking, I often tell clients that they should avoid doing something that would surprise their doctor. As to whether one can... View More

1 Answer | Asked in Probate for Pennsylvania on
Q: My son’s grandmother passed away July 2023. She had left him $25,000 through a life insurance policy from Prudential.

They are requesting I get a court order for guardianship of a minors estate. Can I do this myself or do I need to contact a lawyer? What should my next steps be?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 22, 2024

My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... View More

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: 5/5/24 I am not sure my first question went through. I am asking again just in case please excuse it this is duplicated.

On 4/24/24 while backing up to park, misjudged space and tapped my neighbor's car that was already parked. I received no damages to my vehicle except a thin scratch on my rear driver's side. His car had a dent in the front fender but not front of the car(hood) I reported incident to my... View More

Tim Akpinar
Tim Akpinar
answered on May 21, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could check with the carrier if the claim was re-assigned. Sometimes at the start of a claim, a single team could handle the intake. After that, different parts of the claim could be re-assigned to... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: 1st amendment and harassment?

A buddy of mine owns a pub and a man yells religious things at the people eating outside. He doesn’t yell obscenities and from a reasonable perspective doesn’t appear to be intoxicated. He always yells at the same location and is on a public sidewalk. Is their anything that could be done to... View More

James L. Arrasmith
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answered on May 19, 2024

Your buddy's pub has a right to ensure a comfortable and safe environment for its patrons, even when dealing with someone exercising their First Amendment rights. While free speech is protected, there are limits when it comes to harassment and creating a public nuisance. The fact that this man... View More

2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

James L. Arrasmith
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answered on May 19, 2024

It's frustrating when processes don’t go as expected, especially when facing something as serious as eviction. The municipal court may have required you to file a petition to stay the eviction because they need specific documentation to halt proceedings. This is sometimes standard procedure... View More

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2 Answers | Asked in Bankruptcy, Landlord - Tenant and Municipal Law for Pennsylvania on
Q: Filed chapter 7 bankruptcy To take the copy of the form to the municipal court to inform them (currently facing eviction

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I don’t Think the municipal court quite understood that my bankruptcy form 101b was filed and... View More

Timothy Denison
Timothy Denison
answered on May 18, 2024

You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.

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1 Answer | Asked in Health Care Law and Social Security for Pennsylvania on
Q: Can my insurance company make me sign up for social security disability. I am not of age to retire. I'm on short-

I am on short term disability now. To sign up for long term they want me to sign up for SS disability

James L. Arrasmith
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answered on May 17, 2024

No, your insurance company cannot force you to apply for Social Security Disability Insurance (SSDI). However, many long-term disability (LTD) policies include a clause that requires you to apply for SSDI as a condition of receiving or continuing to receive LTD benefits.

This is because...
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2 Answers | Asked in Insurance Bad Faith and Social Security for Pennsylvania on
Q: Can my insurance company make me sign up for SS disability.
James L. Arrasmith
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answered on May 17, 2024

No, your insurance company cannot force you to apply for Social Security Disability Insurance (SSDI). However, in certain situations, they may strongly encourage or incentivize you to do so. Here are a few reasons why:

1. Long-term disability (LTD) policies often include a clause stating...
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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Pennsylvania on
Q: Filed chapter 7 and afterwards was given a copy that was stamped by the judge then was told to take the copy to

To take the copy of the form to the municipal court to inform them (currently facing eviction) municipal court informed to file a petition to stay eviction filed it and shortly after it was denied. I was told by the clerk after filing bankruptcy the automatic stay protects me from the eviction... View More

James L. Arrasmith
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answered on May 17, 2024

I understand your confusion and frustration in this situation. Let me try to clarify a few key points:

1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including...
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2 Answers | Asked in Immigration Law for Pennsylvania on
Q: What happens when apply for Fiancee Visa, get married, then apply for Spouse Visa?

Hallo!

We are juuuuuust trying to spend time together. We are older (55 and 61); the sands of time...

I get you will do your due diligence and request we be sure we're good for one another and appreciate that; spend more time, together, etc. We are both professionals and... View More

James L. Arrasmith
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answered on May 14, 2024

In the scenario you described, there are a few potential issues and complications to consider:

1. If you apply for a K-1 fiancé(e) visa and get married in Thailand before the visa is issued, it could lead to the denial of the K-1 visa. The K-1 visa is intended for couples who plan to marry...
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