Q: I need my Act 34 clearances for a day care position. I have a felony endangering the welfare of a child? (McKeesport, PA)
A: If you were convicted, no. You will need to find alternative work. If you were not convicted, meaning, the charge was withdrawn, dismissed or you were found not guilty, the arrest record may still exist, and you can expunge it. Then, if expunged you would be eligible.
Q: What form would I use to request outpatient treatment for my father who is incompetent?
A: More information is needed to fully advise you. However, most people who need to act on behalf of another person, require a Power of Attorney. However, if the person is not competent to sign one, this will not work. In that situation you may need to become his legal guardian through a court proceeding. If a service provider will act on your request without either because you are next of kin, you may not need to be guardian for that specific purpose. Ultimately however, you may need to be appointed as his guardian.
Q: I provided a false name and then later sucked it up and told them. I went to court for it and was told I had to do community service. I completed my community service, and everything was ok. But on job applications it asks if I have had a misdemeanor before. I’m confused if it shows I have one or not. (Pittsburgh, PA)
A: I suggest that you find out if you pleaded guilty to the crime or were found guilty, and if so what specific crime it was and how it was graded. If “guilty” was entered, you must answer yes if asked if you were ever charged or convicted of a crime. If you were found not guilty or the misdemeanor or felony was dismissed or withdrawn, you would have to answer yes if asked if you were ever charged with a misdemeanor. If asked if you were convicted, you can answer no. If you were not convicted (not guilty, withdrawn, dismissed) of a misdemeanor or felony, the arrest record will nonetheless still exist, and you must pay an attorney to expunge it. Also, certain misdemeanors can be expunged after a certain amount of time passes. I suggest you copy your court documents from the UJS portal website or from the Allegheny County Clerk of Courts and take them to your lawyer. Once you are charged with a crime, that records stays in the system even if the charge is ultimately dismissed, withdrawn or you are found not guilty.
Q: I have a 2-year PFA against me from my wife. She just emailed me a pretty sobbing story on how she was wrong. I refuse to reply or contact her by any means except by lawyer. Can it be any lawyer? Or how could I simply ask if she wants to speak. She really wants to drop the PFA. 90% of it was fabricated but I didn’t want any part of her, so I didn’t fight it. (Pittsburgh, PA)
A: Don’t trust her. The last client of mine that fell for this was dragged out his house in handcuff’s during a Penguins playoff game. Have your lawyer, or a lawyer, contact her lawyer or her, to see if she will sign off on a Motion to Vacate PFA.
Q: My mother is in the advanced stages of Alzheimer’s. My father has power of attorney over her. They are 85 years old. My sister and I do not live in PA. He doesn’t want to do a will. He sent me a letter in the mail which listed of all his assets and properties that are all paid off. He added in the letter that he wants me to be the executor, I get 3/4 of their estate and my sister gets a 1/4. He is afraid that everything they worked hard for will be given away (he has a lot). He insisted that I sell everything and not give it away. But he won’t get a will. Any advice will be appreciated. If I had some facts like how long it would go through probate? Meanwhile properties sit not maintained. How much will go to the state. If you don’t have a will do you pay more in death taxes or probate court? Thank you! (Alexandria, VA)
A: You need to tell him that his worst fears could be recognized by not having a will done by an experienced attorney which is in full compliance of the law. A bad will can cost his estate and heirs more money in the long run. In PA, a handwritten will, called a “holographic will” signed by the testator and witnessed by two persons who sign as witnesses, is admissible. A handwritten document signed at the end by the testator even if not witnessed by two persons is also admissible. However, in these cases, where the will is not “self-proving” through the notarization process, the witnesses themselves must come to court or their affidavits be obtained, The later instance (not witnessed) will involve a hearing in which the witnesses must be able to testify that the signature is in fact the testator’s signature and the directives in the will are in fact his testamentary wishes. It is a difficult standard to prove and the result would be that the will is inadmissible. If your father wants to give your more of the estate than the intestate laws (no will) provides, he should do a will through an attorney. If he refuses, have him write a document titled “Will”. He will need to write out to whom his property will pass and choose an Executor. Have him sign at the end, then have two witnesses sign beneath him. Make sure these witnesses are disinterested and will be available in the future to come to court or sign affidavits if needed.
Q: He was in a car with some children and it was a gun in there and everybody in the case died except for him. (Philadelphia, PA)
A: A Pre-Sentence Investigation Report (PISI) is a sentencing aid, prepared by a probation officer to assist the court in understanding the full background and current circumstances of the defendant before sentencing. A PSI probation officer will be assigned. He or she will talk to witnesses, victims, the defendant, gather records and take statements from anyone who can provide relevant information that will help the judge determine an appropriate sentence. The defendant and counsel have the right to review the report prior to sentencing and can object to any portions of it that they dispute.
Q: The Police took a dog out of my home and are refusing to give me a report concerning the seizure of my animal. Can I sue them? (Turtle Creek, PA)
A: No, you cannot. There are privacy rules in PA regarding the dissemination of police reports, and the laws are strict. If this dog was removed from your home by Animal Control due to abuse or neglect, you will be receiving papers in the mail. When you do I suggest taking them to an attorney.
Q: I was at red light. The light changed, and I drifted into car in front of me who started moving and then stopped. There was no visible damage to his car and none to mine at all. called. The police who said to stay in car until they got there because he was so mean to me. Now he is calling me to find out how I want to handle THE DAMAGE to his car. He had mentioned he was in a prior accident two months ago and lady hit him and gave him wrong info and “he isn’t going to get taken again”. I only drifted into him. I am totally afraid of him. I did not have the insurance at 12:00pm. I just went home and paid the premium. I forgot to pay it. If he was in accident before. There was no police report even written and the police had to get his information for me. (McKeesport, PA)
A: You need to verify that you had or did not have motor vehicle insurance. Just because you missed a payment or two does not mean they terminated your coverage. Call to be sure. If you are insured, report the accident and give them the information. They will handle it. If you are certain you did not have insurance at the time, you need to get ready for his potential claim. Gather your evidence. Make a written log of events, get the police report, log or accident report. If possible without trespassing or creating a disturbance, photograph the back end of his car. If he sues and you are not insured, do not ignore the papers that come in the mail. Take them to a lawyer and see if one can defend you at a reasonable cost.
Q: I have a garage built on my lot long before I moved into my house. It straddles the property line. My neighbor and I each own one-half of the garage. My neighbor has failed to maintain his one-half to the point it is unsafe to use in its entirety. Can I compel him to repair his one-half? Can I remove entire structure, or can I effect repairs without his permission? (Plum Borough, PA)
A: This is a difficult situation and there are few things worse than bad neighbors. The easiest way would be to work this out with him. If that is not possible, talk to your local zoning officer. If his half of the garage is unsafe, unsightly or not up to code, the zoning officer can issue a citation and he will be given so many days to make repairs. If no such compliance is met, he can be hauled into court and fined or ordered to comply. As far as a civil or equity suit filed at the local magistrate or in the Court of Common Pleas, there is a remedy against property owners whose failure to maintain their property adversely affects adjoining or neighboring property. I once used it to get a judgment against the owner of an adjoining wall who failure to maintain it undermined the yard and foundation of my client’s house. I would need to research this cause of action more. Beware that having a judgment against another person can be useless if they do not pay or have no assets to attach. I suggest that you go through the zoning officer first.
Q: We suspect our feeble but mentally sound grandparent is being emotionally and financially blackmailed by a private home caregiver who has recently come onto the scene. The grandparent has become somewhat secretive and it has been very difficult to meet this “caregiver”. They have begun a legal contract together regarding care of our grandparent. Upon death the caregiver will receive an overly generous financial gain. There are several requests that the caregiver has made that are illogical and very concerning to have in the contract to gain legal power over our grandparent. Our grandparent has started to withdraw from family since this caregiver has come along. The grandparent is acting out of character & trusts the caregiver. Our grandparent has already been influenced by the caregiver in a way that has put their health/life at risk. The caregiver does not like to meet with family to discuss their arrangement. There are many red flags at this stage with this relationship and we are sick with worry. Can we record conversations without consent to help prove undue influence as it is so difficult to find other proof at this time How else can we collect proof regarding undue influence of an elderly person? (Pittsburgh, PA)
A: Not unless you want to take the risk of the caregiver filing criminal charges against you. PA is a two-party consent state. I suggest calling Adult Protective Services and have them do a home visit to assess the situation. Your grandparent can do as they wish if they are competent. However, if the caregiver is becoming an heir and receiving more than just compensation for services, something is wrong and there is a legal course of remedy based on the doctrine of undue influence. You could also make the local police aware of the situation. Some police have training in elder and may have suggestions as to what help they can provide.