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Pennsylvania Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Can I register the abandoned "Eternal Darkness" trademark for video games?

I am interested in registering the trademark "Eternal Darkness" for use in the video game industry. It was previously owned by Nintendo and marked as abandoned on June 15, 2020, due to no use statement being filed. I would like to know if I'm able to register it now. I've... View More

Alan Harrison
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answered on Jun 10, 2025

Trademark rights are based on use of the mark. Registration is like icing on the cake - without use, it's silly and pointless. That is why a statement of use must be filed to maintain registration. However, sometimes the SoU is not filed only by mistake, while actual use continues and... View More

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2 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Pennsylvania on
Q: Rear-ended Lyft, facing lawsuit post-insurance settlement. Need defense lawyer.

Two years ago, I rear-ended a Lyft vehicle while driving a loaner car. The passenger claimed an injury, and my insurance paid $25,000 to the passenger at the time. On May 20th, I was served with a lawsuit where the passenger is now suing me personally. I've contacted several lawyers, but they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2025

A Pennsylvania attorney could advise best, but your question remains open for a week. You may need to continue searching for attorneys. But first, you could ask your insurance carrier to provide you with a copy of the release form from the settlement that took place around two years ago. I doubt... View More

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3 Answers | Asked in Foreclosure, Bankruptcy, Business Law and Real Estate Law for Pennsylvania on
Q: Facing foreclosure due to missed payments and denied loan modification; seeking options beyond short sale.

I experienced a loss of income in December 2024 and couldn't pay my mortgage. I initially applied for a loan modification and was approved. My uncle, who was helping me with my bills, passed away in September. Due to stress and depression, I missed work in January and February, and... View More

Dauna Kaye McPherson
Dauna Kaye McPherson
answered on Jun 3, 2025

Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:

1. Foreclosure Defense

Even though your loan has been referred to the lender’s...
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2 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Pennsylvania on
Q: Walmart using manipulated video in personal injury case, causing spine damage. Need lawyer.

I am facing a personal injury case against Walmart. They are using a manipulated video to devalue my case. I have permanent spine damage, and I am in varying levels of pain depending on my movements. I filed a complaint with the FTC, as I recognized the video as fake when I viewed it. I need an... View More

Emery Brett Ledger
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answered on Jun 2, 2025

Thank you for reaching out, and I’m truly sorry you’re dealing with both the severity of your spinal injury and the distress of manipulated evidence. That’s a deeply serious matter.

If Walmart is presenting video footage you believe has been altered, it’s important to act quickly....
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Is it true that the ventilators blew people's lungs out and causing death in hospitals during covid? As in malpractice?

My brother passed away in an Erie p.a. hospital after being on a ventilator for a week from covid. It was very unexpected as he was an avid health influencer which is very well documented by a local TV channel to were he had his own program. Ever since this has happened it just hasn't sat... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2025

A Pennsylvania attorney could advise best, but your question remains open for over a week. I'm very sorry about the loss of your brother. I've heard about the theories you describe on news and social media, but I've also heard about challenges to such allegations. It would be best... View More

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1 Answer | Asked in Probate and Real Estate Law for Pennsylvania on
Q: Is the estate responsible for gas and credit card bills, or do we pay them out of pocket?

My husband inherited a property due to the right of survivorship after the decedent passed away in January. He did not live in the house with the decedent. There is an outstanding gas bill of $2,000 and a credit card bill of $15,000, for which the banking company has placed a lien on the house. The... View More

Michael Cherewka
Michael Cherewka
answered on May 29, 2025

if the estate is in probate then there is a process that needs to be filed to provide notice to all creditors and also to review claims of creditors to determine their validity and in this case possibly to determine if the estate is solvent enough to pay all creditors. if the deed is a... View More

3 Answers | Asked in Divorce, Landlord - Tenant, Real Estate Law and Family Law for Pennsylvania on
Q: What legal actions can be taken if an ex-spouse delays refinancing deed removal per divorce decree in Pennsylvania?

I'm dealing with an issue where my husband has sole responsibility for a property per a divorce decree and has been renting it out for 15 years. His ex-wife agreed to have her name removed from the deed at the time of refinancing, but she is delaying the process despite having agreed and... View More

Nellie T Schulz
Nellie T Schulz
answered on May 24, 2025

Your husband should go back to the court that issued the divorce decree and file: (a) a petition in contempt. I am not sure how much time has passed since the divorce decree was issued (was it the 15 years mentioned?), but it must be long enough for the court to conclude that she has failed to... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Can I challenge my landlord's sudden move-out notice that conflicts with our agreement?

I am currently renting a property under a written lease. The landlord had previously put the house up for sale and we agreed that I would be given at least 60 days to find another property once the house sells. However, I received a written notice giving me only 30 days to move out, which would be... View More

Nellie T Schulz
Nellie T Schulz
answered on May 18, 2025

The term of your lease ends on the date set forth in the lease, unless that date has been amended in a writing signed by both landlord and tenant - which appears to be the case here. Your landlord is bound by the amendment you both signed which states that, if your landlord intends to sell the... View More

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Pennsylvania on
Q: Can I challenge a low accident settlement in PA due to replacement vehicle cost?

I was involved in a car accident, and the at-fault insurance company has made a settlement offer equivalent to the actual cash value (ACV) of my vehicle. However, this offer is insufficient for purchasing a similar replacement vehicle, which will cause me undue hardship due to the new car payment... View More

Matthew Rosenberg
Matthew Rosenberg
answered on May 13, 2025

Yes, you can challenge the insurance company’s settlement offer if you believe the actual cash value (ACV) of your vehicle was undervalued. In Pennsylvania, insurers are required to base their ACV offer on fair market value, which should reflect what it would cost to purchase a comparable vehicle... View More

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3 Answers | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: Should I put IRA into revocable trust to prevent child's father from controlling assets?

I have a revocable trust and want to know if I should put my IRA into the trust. My main goal is to prevent my child's father from controlling my minor child's assets, as her guardian will be my brother. Are there any tax implications associated with this decision?

Stephen M. Asbel
Stephen M. Asbel
answered on May 12, 2025

No, you should not put your IRA into your revocable trust. This will be a taxable event which will defeat the tax-deferred growth which is a major benefit of having an IRA in the first place. Instead, you can name a trust as a beneficiary of the IRA. The trust that is beneficiary can be a... View More

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3 Answers | Asked in Estate Planning and Tax Law for Pennsylvania on
Q: Should I put IRA into revocable trust to prevent child's father from controlling assets?

I have a revocable trust and want to know if I should put my IRA into the trust. My main goal is to prevent my child's father from controlling my minor child's assets, as her guardian will be my brother. Are there any tax implications associated with this decision?

Nina Whitehurst
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answered on May 12, 2025

You absolutely do not want to re-title your IRA to your revocable trust because that would be a taxable event and also would stop all tax-free growth in the account. What some people do is name their trust as the beneficiary of the IRA. That is something that you might consider with the advice of... View More

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2 Answers | Asked in Probate, Tax Law and Real Estate Law for Pennsylvania on
Q: Help with filing a quitclaim deed for inherited property in PA.

My grandmother's property was left to me in her will, and it has been probated in Pennsylvania with me as the sole heir. I'm in the process of transferring ownership to myself, and there are taxes owed on the property. My goal is to eventually sell the property, and I need guidance on... View More

Michael Cherewka
Michael Cherewka
answered on May 9, 2025

First, if the Will has been probated and the property is a specific bequest to you,it is the Executor's responsibility to prepare and record the new Deed for you. If you are the Executor as well as the heir, then you can prepare and file the Deed. Since your intent is to sell the property... View More

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3 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Is my Freewill.com will valid in Pennsylvania?

I used Freewill.com to prepare my will, leaving my house and savings account to my three children. The will states that all my assets are to be divided equally among them. I also had the will notarized. Will this will be legally valid in Pennsylvania, and will it prevent any potential legal issues... View More

Nina Whitehurst
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answered on May 9, 2025

I would caution you against using Freewill.com to create your will anywhere. I was just hired by a person whose parent passed with a will generated by Freewill.com. It has many flaws. I cannot tell whether they are flaws in the software or flaws in user input, but either way I am a little... View More

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2 Answers | Asked in Intellectual Property, Trademark and Internet Law for Pennsylvania on
Q: Can I use phrases from Jujutsu Kaisen on pencils without legal risk?

I'm creating anime-inspired pencils and want to use phrases such as "The Honored One," "The Strongest in History," "The Vessel," and "Restless Gambler," commonly associated with the anime Jujutsu Kaisen. My target audience is primarily anime fans, like... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 8, 2025

While it's not high, there is still some risk. It's helpful that you are avoiding logos and artwork. But if these phrases are distinctive enough and commonly understood by fans to refer specifically to the anime, using them could lead to trademark infringement or a claim of implied... View More

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2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can a property owner enforce an undocumented right of way when another exists?

I own a property, and another property owner is claiming they have a right of way through my property. However, there is already an existing right of way down the road to their property. The property owner has obtained an attorney to enforce this claimed right of way, but there is no legal deed or... View More

Anthony M. Avery
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answered on May 7, 2025

Probably nothing to do except continuing to dispute any type of easement exists. You might block access but this will cause you to be sued. Many easements exist by prescription, implication, public use, etc. without being express or of record. Hire a PA attorney to search your title and all... View More

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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: Who inherits if sibling dies intestate in Pennsylvania?

I need clarification on inheritance in Pennsylvania. My sibling passed away without a will, divorced, with no living parents or children. There are four siblings: we are all alive except for one who is deceased, but they have one living child. There is an estate with minor debts and liabilities... View More

Stephen M. Asbel
Stephen M. Asbel
answered on May 6, 2025

Based upon the facts you describe, the estate would be divided into four equal shares - one each for the three living siblings and one share for the child/issue of the deceased sibling. You mentioned the deceased sibling had one living child. If the deceased sibling had any other children who are... View More

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2 Answers | Asked in Health Care Law and Estate Planning for Pennsylvania on
Q: Ensuring my mother-in-law's CPR wishes are honored despite DNR pressure.

My mother-in-law is hospitalized with high CO2 levels and fluid buildup, using a BiPAP machine intermittently. She expressed her wish to receive CPR if necessary, but not be put on a ventilator. However, a PA continually discusses DNR, seemingly pressuring her despite her clear requests. We... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 3, 2025

As a rule, hospitals are obligated to save a life, such as it may be, whenever possible, even in the absence of any health proxy or agreement.

While capacity to enter into any agreement is always an issue, it is probably best for you and yours, on an urgent basis, to have experienced PA...
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Q: Do I have to sign a release for workers' comp to access my Medicare and SSDI info in PA?

I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?

Timothy Belt
Timothy Belt
answered on Apr 24, 2025

You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More

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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Should we open an LLC or LLP for our trading card business?

I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More

Michael Cherewka
Michael Cherewka
answered on Apr 16, 2025

You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for Pennsylvania on
Q: Is workplace discrimination claim valid for comments about military status?

During an argument at work, a coworker, who is in the military reserves, threatened to beat me up and insulted my age by calling me old and senile. In response, I mentioned I wasn't afraid of him because he is in the stupid military. He filed a discrimination claim against me, alleging... View More

Jeremy Donham
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answered on Apr 9, 2025

Hi,

You may want to seek counsel within Florida if that is the jurisdiction you are working in. This is a matter of some concern to you obviously, as it should be. Unfortunately, you have to wait on the response from your employer but if you have not given notice of the co-worker's...
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