Pennsylvania Recent Legal Answers from Lawyers

I would really suggest getting a lawyer to represent you privately. Had you had a private lawyer this very documentation would have likely already been procured and provided. I know that we have our clients do these things very early in their cases and provide it before the plea even occurs so there are never any licensing holdups. You've got quite a hole to dig out of here and it would make sense to get a lawyer on the job to work for you!... Read More

Based upon what you've indicated here, I think it's extremely likely you will be charged with possession of that cocaine. My guess is of the police indicated whether or not you would be charged.I would definitely recommend hiring attorney to be proactive and represent you in that matter hearing in the York area. The are some things that you can do proactively to get ahead of this that you really should be doing. T.L. Kearney, IV (717-668-8159 x1)... Read More

If you have been charged you are required to report this to Probation under standard probation conditions, and they will ultimately find it anyway. Get ahead of it and you should definitely have represenation from an attorney if you are charged. If you are not charged, and may never be charged, then don't out yourself to your PO. T.L. Kearney, IV (Ph: 717-668-8159   Email: TL@TLKearneyLaw.com) ... Read More

Hi, I would be happy to speak further about this DUI Charge with you. I will note that you can get DUIs for prescribed medicine. We see it actually very frequently.  Before chatting, I'd like to look your case up so I can review it and best prepare to discuss with you. Could I have a name and phone number to contact you at? In order to fix a DUI charge it is extremely important to be proactive. I have developed a Roadmap over many years of doing this that goes over exactly what needs to be done, who to contact, and how to do it. I like to provide my clients with this and make sure you fully understand it so you can begin getting us that ammunition to fix this. Being proactive too will likely greatly help the fallout that will be occurign since you are on State Parole. Getting ahead of this will be a big deal there as well. T.L. Kearney, IV Ph: 717-668-8159 x2... Read More

If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read More

There are a lot of resources concerning parking lot safety and traffic flow. Today, parking lot traffic flow is done by the numbers. Argo insurance company publishes a good deal of literature on parking lot design. I am pointing to that reference because they published their work in easy to read non-technical language what you. What you need to do is compare the local ordinances industry standards and actual design of the parking lot and you should be able to determine if the design feature that caused your difficulty meets the industry standards or local ordinances. Also, look into the American Association of State Highway and transportation officials they publish comprehensive design manuals for roadways and Facilities like parking lots focusing on safety geometric design and traffic flow. While you're at it you might also want to look into the federal highway administration they publish guidelines, best practices, and research reports on managing traffic flow including design consideration controlled access facilities. In my practice I've used all of these resources.  ... Read More

Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators for?   If you already have an existing work, please be aware that you have copyright protection in that work the instant it is created. This means that you have actually written, drawn, animated, recorded, etc. the story; it is not enough to have merely thought about the "idea" or "concept" of your story. It is not necessary to register the work immediately, but there are significant advantages to doing so, and the government fee is only $65.   If your work is not complete yet, then no copyright protection exists until you actually create a tangible work product such as a text or a video. There is no "registration" you can obtain for mere concepts or ideas.   If you are seeking a professional such as a writer, illustrator, or animator to make something for you, then it is critical to understand how authorship/ownership rights are established. In short, if you want to be considered the sole author and owner of the work, then it is necessary for you to have a written agreement with the professional that explicitly states that the work will be considered a "work for hire" and that the professional will not obtain any rights. If you fail to do that, the professional will be considered the author of the work and will have the initial copyright ownership in the work, and this can create major complications for you down the road.   It may be helpful to have the professional sign a nondisclosure agreement that would forbid them from using the information you discuss with them (such as your characters and story) to create a competing story. However, not all professionals will be willing to sign such agreements.... Read More

Short answer, no, the laws are not the same.  The transaction you describe is a combination of estate administration (specifically, the transfer of the home from what I presume is joint names to your name alone) with a secondary objective of leaving that property to your niece upon your death.  The structure of the deed would need to comply with the laws regarding joint ownership of property where the property is located or your objective could conceivably fail after you're gone.  That being said, there are multiple ways to achieve what you are trying to do.  A Maryland attorney could certainly draft a deed but if your husband's estate has not been administered you may need a PA attorney to represent you in that aspect.  A MD attorney can do certain things in PA but appearing in court for estate administration without a PA license would be a no-no.... Read More

If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).... Read More

I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a complication from intubation or another aspect of the procedure, but proving malpractice requires more than showing you’re still hurting. You need evidence that the surgical team deviated from accepted standards of care. Begin by consulting your surgeon or an ENT specialist for a thorough examination and documentation of your symptoms. Request copies of your operative report and anesthesia records as well. If another doctor confirms the injury was likely caused by improper intubation, positioning, or post-operative care, bring those records to an attorney. In Pennsylvania, you generally have two years from when you knew or should have known something went wrong to file suit, but an attorney will need time to obtain expert reviews before proceeding. In the meantime, focus on treatment to prevent further damage and to ease your pain. Also, pursue medical documentation that could support any potential claim you might pursue later.... Read More

I’m so sorry your wife is still living with this pain. Unfortunately, the legal door closed a while ago. In Ohio, the two-year deadline for injury lawsuits ran out when she reached adulthood, and the release her parents signed would block any new claim. Even so, she isn’t without help. If her pain keeps her from working, a disability lawyer can guide her through applying for SSDI or SSI, and her doctor can refer her to a pain clinic. I know this doesn’t feel like the justice she deserved, but it can bring real financial relief and better day-to-day care. ... Read More

I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete medical records from the hospital and EMS provider in writing. They’re required to give them to you. Once you have the records, schedule an appointment with an independent neurologist or spinal specialist to evaluate the pain you describe. Their exam and imaging can confirm whether the original care fell below the accepted standard and caused lasting harm. If that evaluation supports what you’ve experienced, bring the records and new findings to a medical malpractice attorney as soon as possible. In the meantime, you can also consider filing a written complaint with the hospital’s patient advocate office. Taking these steps will create a clear paper trail, help safeguard your health going forward, and provide a malpractice lawyer with the necessary information to assess your claim.... Read More

You may want to begin by finding your husband by using a private investigator, such as Information Network Associates (INA) in Harrisburg, PA. Once he is found, it will be a much easier process to file a divorce complaint and start a support case.  If you choose to retain an attorney first, it may cost you more money as the attorney will still need to attempt to find him.  If he cannot be found, an attorney will file a petition to serve by publication and attach a report from a private investigator concluding that he could not be located despite due diligence to find him as well as an affidavit signed by you as to what you did to try to locate him.  If a judge determines that there is nothing more that can be done to locate him, then permission will be granted to serve him by publication, and you will be required to publish notice of the proceedings in local newspapers in the area of his last known address. However, unless he is actually located, it will be very challenging (and expensive) to pursue any monetary claims against him.... Read More

Yes, what you’ve described could potentially be considered medical negligence or even grounds for a medical malpractice claim. Informed consent is a fundamental part of medical care. Patients have the legal right to know what procedures will be performed on them, the risks involved, and the alternatives, unless it's a true emergency situation. If a retina specialist performed surgery without explaining what was being done and then failed to disclose complications like infections or the need for emergency follow-up procedures, that could violate both legal and ethical standards. Medical malpractice claims typically require showing that the doctor breached the standard of care and that this caused harm. A lack of informed consent, undisclosed infections, and refusal to explain the care provided could all support that argument. It would be wise to contact a medical malpractice attorney as soon as you can. They can review your medical records, assess whether the doctor’s conduct violated your rights, and help determine if you have a case.... Read More

Unless your ex intended the use of a phone on his plan to be a gift you may be legally obligated to pay him back...if he chooses to treat it as a contract between him and you he probably has a good case to force you to pay him back.  You paying him the part of the bill on any regular basais may be enough to form a contract whether or not anything was ever put in writing.  So, the short version is:  yes, he may be able to sue to collect the bills he paid for you so the ball is in his court so to speak.... Read More

This is not an uncommon situation.  I have helped people with this very situation.  In fact, in one case not only had the Executor died but so did the original estate attorney.  What you will need to do is to Petition the Register of Wills/Clerk of Orphans Court in the county where probate occurred to be appointed successor to the now deceased Executor.  If successful you will be granted what are called Letters of Administration d.b.n. and that will prove to NJDUP that you areentitled to act on behalf of the estate.  Caution:  by collecting these funds you could trigger an additional probate fee plus additional PA Inheritance Tax.  There are a lot of moving parts to these situations - you probably want to find a probate attorney in your area.  Either search the Find a Lawyer section here on Lawyers.com or contact your county bar association.... Read More