Our law offices with years of experience, will prepare your defense from the moment of your first consultation.
Protect one of your most valuable assets-your license to drive.
Lancaster's point system for speed violations is tough and a simple 71 mph ticket on an open 50 mph road can take half of your driver's licence.
There is a way to fight back, save your licence and save on Insurance surcharges....... and still not miss a day of work.
Our office will take the neccessary steps toward protecting your right to drive and keeping your insurance rates at the lowest possible level. While all situations are different, our office can in most cases obtain a significant reduction in the charge.
For normal traffic violations, our office can also appear on your behalf, eliminating your need to appear in Court, and take a day from work to contest the ticket. It is wise to fight the first ticket, not wait until the last, as 3 speeding tickets in 18 months results in a mandatory suspension of your licence.
Points:
1-10 over posted limit 3 points,
11-20 over posted limit 4 points,
21-30 over posted limit 6 points,
31-40 over posted limit 8 points,
40 + over posted limit 11 points and a mandatory review at DMV
3 speeding tickets in 18 months results in automatic revocation.
Traffic Violations Bureau is a tough place-the result is Guilty as Charged or Not Guilty. Our office can appear for you, which is important because the Traffic Violations Bureau only holds hearings 8:30-4:30, Monday to Friday.
Our experienced representation greatly improves your chances contesting a ticket in the Lancaster City Traffic Violations Bureau.
Our office can handle most traffic violations anywhere in PA State without your appearance. Don't plead guilty to a ticket just because it is far from home. We can help!
SOCIAL SECURITY LAW: APPLYING FOR DISABILITY
Do I need an Attorney ?
You have the right to have an attorney represent you in your Social Security case. Statistics show that people represented by attorneys are successful more often than people without attorney representation. An attorney will advise you and help you protect your rights throughout the social security claims process. Remember, you should contact an attorney as soon as you receive any denial notice from the Social Security Administration. This will allow your attorney maximum time to analyze and prepare your case for a hearing before the Administrative Law judge. An attorney can help you prepare your case in many ways including research, developing areas of case law, preparing you to testify in court, cross-examining vocational experts or medical experts that appear to testify at your hearing and insuring that you receive a fair hearing.
Disability under Social Security is based on your ability to work. To be considered disabled, your medical condition must prevent you from working at any job for which you are suited. Social Security will look at your medical condition, age, education, training and work experience to decide if you are disabled. There are two kinds of Social Security disabled benefits; Social Security Disability (SSDI) and Supplemental Security Income (SSI). To qualify for SSDI, you must have worked long enough, and recently enough, at employment that is subject to social security withholding. The number of work credits needed for disability benefits depends on your age when you become disabled. The amount of benefits is determined by how much you earned when you worked. There are no work requirements for SSI. To qualify for SSI, you must meet certain income and asset limitations. The definition of disability is the same under both programs. You should apply at any social security office as soon as you become disabled. You may file by phone, by mail, or in person. It will take between 60 and 90 days for your claim to be processed.
When your application for Social Security benefits has been denied, you should request reconsideration. Most people who apply for benefits are turned down on a first application, so do not be discouraged. Your request for reconsideration must be made within 60 days of the date you receive your denial of benefits. If you do not appeal an initial denial within 60 days, you may have to start the application process again, and you may lose the opportunity to recover a significant amount of past-due benefits. Your attorney can help you review the denial notice sent to you by Social Security and decide if any additional evidence or records should be submitted. You should consult with your attorney before you send in your request because the form will be put in your permanent file. Remember, you must file for reconsideration within 60 days of the date you receive your denial. (Please note that these tips are not to be used as a substitute for the advice of an attorney.)
When your application and request for reconsideration for your Social Security Disability benefits have been denied, you have another 60 days to request a hearing before an Administrative Law judge. Many people who qualify for disability benefits are denied at both the application and reconsideration levels so do not be discouraged. The importance of filing a request for hearing after reconsideration denial cannot be over stressed. Many persons who are deserving of benefits may never receive them simply because they did not pursue their claims through the appeals process. You have the right to have an attorney represent you at your Social Security hearing. Statistics show that people represented by attorneys are successful more often than people without attorney representation. if you choose to be represented, your attorney can insure that you receive a fair hearing and present your case most effectively.
Your request must be made within 60 days of the date that you receive the judge's written decision. You should consult with an attorney when requesting a review by the Appeals Council. If you have not already obtained an attorney, you should try and get one now. Your attorney will need as much time as possible to prepare your case before review by the Appeals Council and to review the judge's decision to determine if new evidence is needed from your doctors. Remember, you must request review by the Appeals Council within 60 days from receiving the judge's decision. All letters to social security should be sent by certified mail, return receipt requested. (Please note that these tips are not to be used as a substitute for the advice of an attorney.)
80 % of Americans DO NOT have a living will
Reasons to use the living trust
Due to the recent attention given to the Living Trust in the popular media, I took a somewhat skeptical look at the strategy in another column. The focus of that previous column was to explain that the Living Trust was not the perfect estate planning tool for everyone. I attempted to explain that there are certain times when you wouldn't want to use a Living Trust and other times when alternative strategies would provide the same benefits. This week, however, we'll take a look at the good reasons to consider the Living Trust.
Perhaps the most significant advantage of a Living Trust is that it can be designed to manage your assets for you in the event you become disabled or incapacitated. While other estate planning tools, such as the durable power of attorney, can be used to provide wealth management in the event of a disability, none is more flexible than the Living Trust. When used to provide money management in the event of a disability, the trust is created today, but your assets are not transferred to the trust unless and until you become disabled.
In this same vein, the Living Trust can be used by those who need current management of their wealth even though they are in perfect health. This would include persons who have no experience handling money and those who simply lack the time to manage it. For example, a widow who has just received a significant inheritance could create a Living Trust and name a bank or a trusted advisor as the trustee. The trustee would then invest the assets for the widow's benefit and generally handle all of her financial affairs. One important aspect of such an arrangement is that the trustee is governed by certain well-settled legal principles which require the trustee to exercise a high degree of care in managing the widow's funds.
Another reason to consider the Living Trust is if you own real estate in different states. For example, if a Pennsylvania resident also owns real estate in Florida, then upon his death it will be necessary to conduct estate settlement proceedings in both states. If, however, the Florida real estate is transferred to a Living Trust, the estate administration in Florida can be avoided.
Living Trusts are also suggested if a Will contest appears likely. While this is not often a major issue, if there are reasons to expect a challenge by disgruntled heirs, then you should consider the Living Trust as a substitute for your Will. It is difficult to successfully challenge either document, however, the trust does provide a stiffer barrier.
Like all other estate planning strategies, the Living Trust merits consideration. However, the Living Trust is not the magic remedy that its promoters would have you believe. Determining whether its the right choice in a given case requires you to balance its advantages and disadvantages in light of the other choices which may also help you achieve your goals.
REAL ESTATE
We do the work. You have just to sign!
These are the most common documents that are signed at closing. Other documents may be required. It is useful to request a copy of the documents 24 hours in advance of the closing and read them. Although you may read the documents at the closing table, this is rarely done because there is not a lot of time.
Deed of Trust to Secure Assumption. This is signed by the buyer if the buyer is assuming the seller’s loan. This creates a lien against the property in favor of the seller.
HUD-1 Settlement Statement. This is signed by the buyer and the seller. This discloses all the closing costs associated without he transaction, the items paid by the seller, the items paid by the buyer, the amount the seller will receive and the amount the buyer will pay.
IRS Forms (W-9, Sellers Information). Signed by the seller, these forms verify the seller’s social security number and provide necessary information about income tax regulations.
Note. This is signed by the buyer if the buyer borrows money to purchase the property.
Notice of Property Condition. This is a written notice provided by the seller to the buyer regarding the condition of the property. It will spell out whether the property has certain specified items, such as an air conditioner, and whether each specified items is in working conditions, has known defects, or is need of repair. Failure to provide notice can result in the buyer terminating the contract. If you have knowledge of defects in the property, it is always wise to disclose them. Otherwise, the buyer may file a lawsuit to recover damages from the defects.
Seller’s Affidavit. This is signed and sworn by the seller. It verifies that there are no unpaid debts or liens against the property and that the seller has no knowledge of any matters that may affect the title to the property.
Truth-In-Lending Disclosure Statement. This discloses all critical information about the loan, including the annual percentage rate and the amount of principal and interest that the buyer must pay.
Walk-Through. Just prior to the day of the closing, you should walk through the house to inspect the property to be sure it is in the same condition it was on the day you contracted to buy the property. You should also be sure that any required repairs are reinspected.
Warranty Deed. This is signed by the seller. It transfers the property from the owner to the buyer.
Other documents may be need to provide information to the lender to comply with necessary regulations.
PRENUPTIAL AGREEMENTS
Do I need a one?
It used to be that only those with vast fortunes to protect considered a premarital agreement as part of their wedding plans. Now, however, its not just the Michael Jacksons and Lisa Presleys that are ironing out their financial obligations in the event of a divorce before they even take their marriage vows. Such steps may not be necessary for every couple, but in light of the ever-increasing divorce rate and more common second and third marriages, many couples readily welcome the suggestion of a premarital agreement.
For instance, couples entering their second marriage often execute an agreement to protect the interests of their children from a prior marriage. Young professional couples turn to premarital agreements as a way of protecting the rewards of their personal success. Those whose new marriage will force them to relocate, and thereby give up some financial security, are also finding the premarital agreement desirable. So, too, are those with established businesses. Even couples without assets are looking to premarital agreements as a way of avoiding a battle over what they do accumulate during the course of the marriage.
The scope of a premarital agreement can be as broad or as limited as the situation dictates or the parties desire. It can deal with just one asset or it can fix all of the parties' rights arising out of the marital relationship.
For instance, upon divorce, Pennsylvania law provides that either spouse may request that their marital property be divided between them. Rather than leave such a decision to the court or even to a negotiation process between the divorcing couple's attorneys, the parties themselves could agree prior to marriage on how their assets will be divided in the event of a divorce. Similarly, an agreement can fix their respective rights to alimony or support in the event of a divorce or separation. In both cases, the agreement avoids a protracted battle in the event the marriage sours.
For many couples entering a second marriage, especially those late in life, the motivation to enter into a premarital agreement is often the desire to protect the interests of their children from a previous marriage. For instance, consider a recent widow who intends to take a second husband. Her husband-to-be is financially secure. As such, she would rather see her children inherit her property. Without an agreement, the new husband would have certain rights to at least a portion of her property. With an agreement, however, she can ensure that her children will receive what she and her first husband worked so hard to accumulate. In such cases, both spouses often have the same desires and, therefore, readily accept such a proposal.
While once frowned upon by the courts, a recent Pennsylvania Supreme Court case reinforces the fact that premarital agreements will generally be enforced. To ensure that the agreement will be binding, the parties must make a full and fair disclosure of their financial worth. In addition, it's desirable to have each party seek advice from their own attorney. Since an agreement signed today may not be fair in the future, the parties can agree to make adjustments based on such factors as the length of the marriage or a change in the relative earning capacities.
Divorce and financial matters are probably last on the list of things a couple wants to discuss as they plan their wedding. In the proper context, however, such a discussion can lead to a premarital agreement which both parties view as a precaution designed to prevent a nasty and expensive divorce settlement.
