Fortunately for Mr. Dershowitz, the case is limited to New York and California and not Pennsylvania.  In Pennsylvania, you cannot file for custody of a pet.  To the shock of most pet lovers, in Pennsylvania, an animal is treated under the law as property, the same as your kitchen table or 401k.  If you are married, the pet would be dealt with by the court during the divorce as part of equitable distribution. If you are dating and break-up with your significant other, you would be limited to general civil actions, which may including an action for replevin.  Your remedies may be limited to money damages, which would likely be based on the retail value of the dog and will not take into consideration sentimental value.

As a result, if you and your spouse/significant other own a pet, the best protection is a written agreement that clarifies ownership and includes a provision for the resolution of any dispute over possession of the pet.  You will want to consider who owns the pet or, if you both own the pet, how is the ownership interest divided between the two of you (e.g., 50/50, 75/25).  Likewise, you will want to consider how any disputes should be resolved (e.g., private mediation, money damages to one party, right of one party to buyout the others interest).

If you and your spouse/significant other own a pet and would like to discuss a written agreement concerning the pet, please contact our office for a free initial consultation.  Our office also handles pet trusts, to provide care for your pet upon your passing, and matters of equine law.  We can be reached at 610-845-3803.

23 Pa.C.S. § 5322 defines legal custody.  ”Legal custody” is defined as “the right to make major decisions on behalf of the child, including but not limited to, medical, religious, and educational decisions.”  As a result, legal custody also grants the individual the access to all relevant documents for the child, including, but not limited to, medical records, report cards, and the ability to attend doctors’ visits and parent/teacher conferences, so that the individual can make informed decisions for the child.

Legal custody can be divided one of two ways: solely or jointly.  Sole legal custody is “the right of one individual to exclusive legal custody of the child.”  Shared legal custody is “the right of more than one individual to legal custody of the child.”

If legal custody is shared and the parties cannot agree on a decision, either party may petition the court for resolution.  For example, if a child requires braces, but one parent refuses to consent, then the party attempting to obtain the braces can file for court intervention.  Typically, the court will conduct a hearing in order to obtain testimony on evidence on the issue, then issue an order resolving the dispute.

If you or a family member require legal representation to help establish, effectuate, or exercise legal custody rights, please contact our office at 610-845-3803 for a free initial consultation.

However, each state may have a registry of firearms, as nothing under federal law specifically precludes the states from maintaining such a registry or database. In Pennsylvania, we are fortunate that our legislator has enacted a similar prohibition to that of federal law. Pursuant to 18 PA.C.S. 6111.4, “Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.” Accordingly, there is not registry of firearms in the Commonwealth.

Thus, there is no way to register a firearm in your name as no database or registry exists. Accordingly, it is impossible to unregister a firearm, as no registry exist from which to unregister. However, most District Attorneys will argue that “X firearm was registered to Y,” which is why it is important to have an attorney that is well versed in firearms law to prevent such an erroneous and fictitious statement from influencing the court.

Claimant then filed a claim petition seeking total disability wage loss benefits following her termination.   The Workers’ Compensation Judge awarded benefits, despite these facts and the Workers’ Compensation Appeal Board affirmed.   However, the Commonwealth Court reversed and denied benefits.  The Court held that Claimant’s “disability” or loss of earning power was not related to her work injury but rather related to a violation of the Employer’s substance abuse policy of which the Claimant was well aware.   The Court stated Claimant’s conduct amounted to a lack of good faith and her termination for such conduct barred her from receiving wage loss benefits.

When discussing the definition of “under the influence of alcohol”, the Court cited to the Legislature’s determination that anything over .08 constituted being “under the influence”  Claimant’s level was .108, obviously in excess of that established limit.   Secondly, the Court indicated that the WCJ found the testimony of Dr. Pieretti was credible where he testified that any person with a blood alcohol level of .108 is under the influence of alcohol and impaired.

Interestingly, it was not Claimant’s actual conduct while on the job which caused her termination.  Rather, the amount of alcohol which she imbibed the night before she was scheduled to work led to the determination that she was still under the influence when she went to work the following day.

Also, the finding of bad faith does not effect her entitlement to medical benefits arising from this work injury.

If you are receiving workers’ compensation benefits and told to return to work before you believe you are ready to, contact our office and speak to an attorney.   You need to know your rights and the law.

In most cases, a workers’ compensation claimant will have the opportunity to testify before a workers’ compensation judge. Naturally, your lawyer will be present and the employer’s attorney will also be there, with the judge presiding over the hearing. Also present will be a court reporter, who transcribes all testimony taken. The hearings are a little less formal than normal court proceedings. You should, however, dress with respect for the Court. When you testify, you will be given an oath to tell the truth and you therefore are expected to testify honestly. There are serious criminal penalties for committing perjury. Likewise, there are serious criminal penalties for fraud.
After you testify on direct examination, the attorney for your employer has the right to ask you questions concerning all of the facts in your case. It is therefore highly recommended that you make an appointment with your lawyer prior to the first hearing to prepare for that hearing.

Here are several things to remember when you testify:

1. If you are able, stand when the Judge enters
If you are in the room when the Judge enters, stand as a show of respect. You may be seated after she sits.

2. Listen to the question
No matter who’s asking the questions, make sure you understand the question you are about to answer. If you don’t understand, ask the questioner to rephrase.

3. Then answer the question
First and foremost, you are in court to tell your story. Tell the truth; you have nothing to hide. You must verbalize your answer. Nodding or saying “uh-huh” are not answers. Likewise, pointing to your injured knee cannot be transcribed by the court reportrer, so you must use your words to explain where you were injured or where it hurts. Keep your hands on your lap. Look at the Judge when you answer; he is the final finder of who to believe.

4. Don’t volunteer information
Stick to a succinct answer to the question. Don’t ramble. Also, don’t play into the agenda of a questioner who sits there silently as if to suggest you haven’t fully answered a question. Once. you’ve answered, stop talking.

5. Avoid hearsay
Hearsay is an effort by a witness to prove something by using someone else’s words. As an example, it’s inadmissible hearsay for an injured worker to testify that, “My doctor said my herniated disk at L4-5 was caused by my lifting at work.” Let the doctor tell that to the Judge.

6. Wait for the Judge to rule on objections
If a lawyer voices an objection, wait until the Judge permits you to continue speaking.

Many of our clients ask us if they can collect unemployment compensation after their workers compensation cases settles or closes.

From the workers’ compensation perspective, our clients may not want to collect unemployment compensation while collecting workers’ compensation. This is because the workers’ compensation insurer is allowed a credit for any unemployment compensation a Claimant receives while collecting workers’ compensation. Workers’ compensation benefits are not taxable, but unemployment compensation income is taxable.

However, if and when their workers’ compensation case settles, some clients are still able to file an unemployment compensation claim.

So, can you collect? The answer is … maybe.

Unfortunately, the answer depends on the language of your workers’ compensation settlement agreement. There is recent appellate case law that holds that, when an injured worker’s settlement includes a resignation from employment, he is not entitled to collect unemployment compensation. Many Employers will require a resignation letter, even if claimant was laid off or fired while the case was in litigation. If you have resigned, the courts have more than suggested that you cannot collect unemployment compensation.

If you would like to buy tickets, contact me as soon as possible, as these are guaranteed to go fast. Just look at the list of goodies below! By the way, if you win the Savage .300 AAC Blackout, you have to give it to the seller of your ticket…that’s just the rules…

July 1, 2012 – Remington SPS Tactical 308;
July 2, 2012 – Stevens 12 Gauge security pump shotgun;
July 3, 2012 – H&R 20 Gauge ultra slug gun;
July 4, 2012 – Gamo Big Cat 12000 .177 caliber;
July 5, 2012 – Mossberg Tactical 22lr AR Platform;
July 6, 2012 – Traditions Buck Stalker .50 caliber muzzleloader;
July 7, 2012 – Mossberg .410 Home Security;
July 8, 2012 – H&R synthetic handi-rifle .44 mag;
July 9, 2012 – Marlin XT .17 HMR;
July 10, 2012 – Leupolod Mark AR 3x9x40 matte duplex scope;
July 11, 2012 – Remington SPS Camo 7mm Rem. Mag;
July 12, 2012 – Remington 597 22lr fiber optics sights;
July 13, 2012 – Gamo Varmint Hunter .177 Cal. Scope, light and laser;
July 14, 2012 – T/C Impact .50 Cal. Muzzleloader weathershield;
July 15, 2012 – Mossberg 500 Grand Slam Turkey Realtree HD 12 Gauge;
July 16, 2012 – H&R Turkey and Goose 12 Gauge 3 1/2″;
July 17, 2012 – Lyman Deerstalker 50 caliber flintlock;
July 18, 2012 – Smith and Wesson M&P 15 Sport 223 cal.;
July 19, 2012 – Weatherby Vanguard series #2 .257 Weatherby Mag.;
July 20, 2012 – H&R Pardner Pump 20 Gauge;
July 21, 2012 – Remington 870 Express Pump 12 Gauge;
July 22, 2012 – Marlin XT .17 HMR;
July 23, 2012 – Remington 887 Nitromag 12 Gauge;
July 24, 2012 – H&R handi-rifle .223 cal.;
July 25, 2012 – T/C Hot Shot 22lr;
July 26, 2012 – Remington 700 SPS Varmint .223 cal.;
July 27, 2012 – Gamo Recon WHisper .177 cal.;
July 28, 2012 – H&R handi-rifle HW 500 S&W cal.;
July 29, 2012 – Savage Model 10 Precision Carbine .300 AAC blackout;
July 30, 2012 – ATI Just Richt Carbine semi-auto .40 S&W cal.; and
July 31, 2012 – Remington 597 22lr fiber optic sights

I was also informed that I am the youngest Heritage Society member. So, I put this challenge out to all my viewers: become the youngest Heritage Society Ambassador/member. If time has passed you by, it isn’t too late. You can always add the NRA to your estate planning. Whether it is listing a non-profit NRA organization as the beneficiary of your 401k or leaving qualifying real estate to the NRA, you can support the NRA and ensure that your grandchildren still enjoy the Right to Keep and Bear Arms that you and I do. It’s only through such donations that the NRA can continue to protect the 2nd Amendment, whether it is through litigation, legislative action or safety training.

If you want to discuss leaving a portion of your estate to the NRA or amending your existing estate planning, contact me today, so that we can, together, ensure that your desires are carried out and that generations to come can continue to enjoy the protections of the 2nd Amendment.

1. The NRA Foundation, Inc. Federal Tax ID # 52-1710886
   1. Competitive Shooting and National Championships Endowment;
   2. Disabled Shooting Services Endowment;
   3. Firearms and Marksmanship Training Endowment;
   4. Gun Collecting Endowment;
   5. Gunsmith Training Endowment;
   6. Handloading Education Endowment;
   7. Hunting and Wildlife Conservation Endowment;
   8. Law Enforcement Training Endowment;
   9. National Firearms Museum Endowment;
   10. NRA Civil Rights Defense Fund Endowment;
   11. NRA Voice of Freedom Fund Endowment;
   12. Range Facilities and Programs Endowment;
   13. Scholarships Endowment;
   14. The NRA Foundation General Endowment;
   15. Women’s Programs Endowment; and
       
   16. Youth Education Endowment.
2. National Rifle Association Federal Tax ID # 53-0116130
   1. Competitive Shooting and National Championships Endowment;
   2. Junior Programs Endowment;
   3. Law Enforcement Activities Division Endowment;
   4. Marksmanship Endowment;
   5. National Endowment for the Protection of the Second Amendment (NRA-ILA);
   6. NRA General Endowment; and
      
   7. NRA Voice of Freedom Endowment.
3. NRA Special Contribution Fund, Federal Tax ID # 23-7367534
   1. The NRA Whittington Center Endowment
4. NRA Freedom Action Foundation Federal Tax ID # 26-1277941

If you specify one of the non-profit organizations, but not an endowment, the money can be used for general use by that Organization.

With our gun rights under constant attack by the liberals, it is important that you consider donating to the NRA to ensure that our children and grandchildren will still have the Right to Keep and Bear Arms. This is why we have decided to provide our clients with a free amendment to their gun trust for this week. To qualify, simply call into the office, 610-845-3803, between 9am on April 9th and 5PM on April 16 and inform them that you are calling to have your gun trust amended and have the NRA listed as a beneficiary. The staff will then set up an appointment for me to discuss with you the different options. After amending your gun trust to list the NRA as a beneficiary, if you so desire, after providing a copy to the NRA, the NRA will recognize you as a Heritage Society Ambassador, which will result in you being honored and receiving invitations to members only events. Together, we can ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.