Category Archives: Blog and FAQ

Do I have to pay the medical bills? Will my dog be put down?

Q: I have a dog. He was at home when my brother had his friend over. The boy went and provoked the dog by taking away his good dish while he was eating. The dog, out of defense for his food, bit him in the side of the face. The people are threatening to put him down and want me to pay 3 large in hospital bills. The wound became infected because it was not treated properly causing them more hospital visit making the bills rise. (Pittsburgh, PA)

A: You may eventually have to pay medical bills, but do not let these idiots bully you into putting your dog down. It should not be a trade-off. It has been a while since I defended a property owner on dog bite case, however my recollection is that they would have to prove this animal had vicious tendencies, you knew it was vicious and it attacked unprovoked. Certainly not the case here. In my case, the dog bit a girl who stuck her head in the closet where the mother dog was nursing new born pups. Find an attorney that will help you-one is out there. I don’t know if you have been cited with a citation under the PA Dog Law, or just threatened with a civil suit. Call Animal Friends, and any other organization who stands up for animal rights. They may be able to refer you to someone. For them to get you to pay 3K in medical bills, it will take a law suit and at least a year. You have some defenses if there is a lawsuit in that the dog was provoked. You might win. You have some time. Also, if you have homeowner’s insurance, report this as soon as possible. There may be coverage for you.

What are our legal rights-movers damaged our furniture and house?

Q: My partner and I recently moved to a place together after living in separate places. We both hired the same moving company. I was moving from a one-bedroom, third-floor apartment while my partner was moving from a small house. There were two movers for both moves. One of my movers suffered from asthma and had to constantly take breaks, which prolonged my move from the originally estimated 6 hours to over 12 hours. Eventually, the one mover stopped coming up and packed the truck, leaving me to one mover to move my belongings and furniture. Furthermore, the movers took an hour lunch break on my time. In the process, many of my boxes were dropped and some of my furniture was damaged right before my eyes. My partner’s move was worse. This company damaged several antique pieces of furniture (and I do mean damaged) as well as damaged the new home we moved to. The damages include: gouges in the wood door frames and hardwood floors, a damaged handrail with plaster everywhere, damages to the brick wall next to our driveway (broken bricks from backing in sloppily), etc. We have been in touch with the moving company, but so far, they have been defensive. Do we have any rights here? (Bridgeville, PA)

A: I put this under “litigation” as you may get more responses. I hope you have not paid them. You have more leverage if you did not or you can stop payment on the check. These moving companies are notorious for stalling and delaying-they probably have no intention on paying you. Have an attorney read your contract. Gather your evidence-photographs, documents, your written log of what happened, estimates for furniture repair and home repairs. If your evidence is good, and your damages are high enough, an attorney may take the case. Do not wait too long to file this. There are applicable statutes of limitations.

Can I sue for owner for giving me less tables to serve?

Q: he owners of the restaurant are the hostesses and they constantly give one particular server the best section and the most tables. The one owner always puts me in the worst section and my sales end up being lower than everyone else. They are usually more than half less than the server that they seat all the time. I feel that she is discriminating against me for a few reasons. Can I sue? (Cranberry Twp., PA)

A: It depends on what reason you are discriminated against and how good your proof is. If you are a member of a protected class of people such as women, those over 40, national origin, color, race, disabled, military veteran, married, religion, etc., and you can prove that you are treated differently, you might have a case. I would call an attorney who specializes in employment discrimination for a more thorough answer.

Do final PFA hearings always end with the PFA remaining?

Q: My boyfriend recently put a PFA on me. We got in a fight about me not wanting him to go somewhere with me. He went anyway and was mad when I wasn’t there. He screamed and called me names. I tried to explain but he would hang up and changed his number and blocked my emails. The day before he got the PFA he invited me over and told me he loved me, and we had sex. What he wrote on the PFA paper was about events from our past and a long time ago. I really don’t want a PFA on me or my record. I’ve never been in trouble before. Do you think there is a chance it could be dismissed? I have no desire to ever speak to him again. (McKeesport, PA)

A: No, final PFA hearings do not always end in a PFA Order against the defendant. Sometimes the case can be worked out to a civil agreement, sometimes the plaintiff withdraws the PFA and sometimes the PFA is denied by the judge after hearing testimony. You will do better with an attorney. He may have one appointed for him because he is the “victim”. Based on what you say, a judge should not find in favor of him. If you cannot afford an attorney, do the hearing yourself and just tell the judge your side of the story.

Can my father transfer property to me without his wife’s signature?

Q: The property in question, was his before the marriage and they have never lived on it or made any improvements. I have been the sole resident for 28yrs. She has contributed nothing to it and has been there maybe once. (Cecil Twp., PA)

A: There is a PA Divorce Code issue here. Although the property would be considered non-marital, as he owned it prior to the marriage, his spouse may have an interest in it. Her interest would be in the increase of value of the house from the date of the marriage to the date of the sale/transfer/gift (if any increase at all). In my practice, I have the spouse sign off any interest she may have acquired under the PA Divorce Code.

Can I, as an heir of my mother’s will, get full financial disclosure from my sister who was POA?

Q: Mother had dementia and agreed to my sister being POA. I believe money is missing and was misused during the required Medicaid spend down. I went to original consultation with elder care attorney, but my sister fired him, without my knowledge. The new attorney did Medicaid paperwork but neither attorney nor my sister will share details with me. Based on my knowledge of assets at beginning of illness, mom had about $210k of assets, Medicaid summary shows $168.5k of spending (with $55k spent on groceries in 2 years! and other questionable expenses). Neither the original assets or spending includes 30 months of approximately $45k in social security or stock dividends. Do I have a legal right to bank statements and other financial information to do my own audit? If so, how can I get this info? (Pittsburgh, PA)

A: A party of interest, which you would be as an heir, can petition the court for an accounting of all monies spent by an Agent while serving under a POA. The accounting can be for the period while the Principal is alive or after the death of the Principal. If your suspicions have merit, you can petition the court to ask her to produce a full accounting. It will go better if you have an attorney handle this for you.

How can you sue for harassment and adult Cyberbullying?

Q: I’m suing a woman for harassment, bullying, Cyberbullying. But, her attorney keeps filing preliminary objections saying these are not recognized as legal claims. Please help, my suit may be dismissed. (Pittsburgh, PA)

A: The outcome of your case is not likely to be favorable if you do this on your own. Do you perform minor surgery on yourself? You should review this with an attorney to see if you do have a claim.

How do I handle a neighbor’s roof runoff between our houses?

Q: I suspect this neighbor (who recently had their roof and gutters redone) is now running a drainage hose from their property into a utility easement between our houses. They are on a hill behind my house with a utility easement between us. My yard is getting flooded every time it rains and the neighbor next to me is getting a flood of water down his hill, which then also runs into my yard. (Pittsburgh, PA)

A: There are general land use laws that hold that one land owner cannot create a situation which allows water to run off his property and on to the property of others. Before hiring an attorney, you need to take photos, keep a log of all activity, and contact your local zoning enforcement officer. He can look at it and advise you. If what you are saying is accurate, the zoning officer should contact the neighbor and tell him or her to stop and if necessary issue a cease and desist letter. If that doesn’t work, there is a citation process which may be authorized under your borough zoning and/or land use code. You may also ask the zoning officer to direct you to the applicable sections of the zoning code and perhaps get a copy from the borough or township.

Can POA withdraw money from his accounts?

Q: My 92-year-old roommate’s son has become gravely ill. A week or two after the onset of his illness the daughter had him signing all kinds of forms. She froze his bank accounts and I believe she has moved all of money to a bank in her city. (Oil City, PA)

A: I am thinking that you are asking if your 92-year-old roommate’s daughter can move or transfer the son’s money. She can do so if he was competent when he signed “…all kinds of forms…” and one of those forms was a legal general durable power of attorney which authorizes her to do such acts. If you feel this is not the case and he may be the victim of elder abuse, call the local Department of Aging and ask them to visit and talk to him.

Will ex do jail time for assault while on probation for Endangering the Welfare of a Minor?

Q: My X-wife is on probation for Endangering the Welfare of a Child. She got a simple assault charge for punching my mom on her property. Being that she is on probation, will she get jail time? If so, how much? (Pittsburgh, PA)

A: Assuming she is convicted, she faces two possible sentences. One, is from the probation judge for violating his probation by committing a new crime. The second one would be for the new, simple assault crime. There are many factors that the judge on the new case must consider in fashioning a sentence for a defendant. There are the sentencing guidelines which consider her prior criminal history and offense gravity score, how bad was her criminality in the probation case (what type of harm did she cause to a child), how bad was her criminality in the new case, was she on her own property or on your mom’s, did mom provoke her, etc., how long was she on probation until this episode happened with your mom, did your mom have injuries? She could get some time in the county jail, or she could get probation. As to the probation judge, he considers many factors as well, but mostly how she complied with his probation. By punching someone on his probation, he will be disappointed. My advice is to ask her attorney.