Jeffrey B. Engle's Answers

Tax Return Question?

You should claim the gain ($3,000) on your taxes as either a long term or short term capital gain. There may be exemptions for specific amounts of personalty sold during any one year. However, a tax practitioner may have a better answer for this. A short term capital gain is generally a gain on an item sold that was held for less than one year. Long term is obviously then, more than one year. Good luck!

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Is it a true EIN ?

No, that's not your Federal EIN. Go to the IRS website, click on "Businesses," then go to "EIN." You can either make formal application over the phone, online or through the mail. If you print out their form and fill it in with all the appropriate data (from your books, etc), it's easier and quicker to do it on the phone. You should get an EIN right then. Good luck!

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Is this considered welfare fraud in pa?

She should not be collecting benefits. She no longer has custody of the children while they are in the care and custody of children and youth. The agency should be advised that she is continuing to claim the children and collect support. You may wish to contact the Department of Welfare as well to advise of this situation. Abuse in this area is rampant and seldom, if adequately, dealt with by the bureaucratic agencies involved.

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Can an ex spouse call an employer and tell about a misdameinor charge ?

Yes. As long as there is nothing untrue about what is being said, she can continue to contact third parties to explain his prior history. I'm concerned, however, that she is engaging in this conduct when she is attempting to collect child support. It would seem that she would benefit more by him working. You may wish to have counsel contact her to discuss with her what her ultimate goal may actually be in this regard. However, that may just incite her to act even more against him. It's a...

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My husband and I are separated but not divorced he took me off his health insurance, never told me and Ihad surgery a week ago

Has a divorce complaint been filed? If so, you should file a Petition for Special Relief with the court seeking to have you reinstated on the insurance. In fact, what he did was illegal and impermissible under the divorce code. He probably falsified some records with insurance in order to do it. Most likely, he notified his insurance company that you were no longer married. Again, illegal. If a complaint hasn't been filed, he's still done something illegal. I would seek local counsel...

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Now my wife is contesting a divorce without grounds

Unfortunately, she can draw this out for two years under section 3301d of the divorce code. You must wait two full years from the date of separation to request the entry of a decree. If a 2 year separation is not alleged in the complaint you will need to eventually file a response to the complaint with a counterclaim seeking entry of a decree based on a 2 year separation. One thing I would suggest, however, since she makes more money than you, is that you can file for alimony and spousal...

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Is it possible I will be issued an underage drinking citation in the mail?

The police can certainly issue a summary citation by summons. Summons means that they will send it in the mail to you after filing it with the local magisterial court. If you do get one, do to panic. Contact an attorney to discuss the case. Underage drinking offenses are not always easy to prove. You should plead "not guilty" and attempt to either work the case out or take a hearing. The penalties are severe. $200 fine and 90 days loss of Class C driving privileges. Good luck!

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What happens if my ard probation is almost up but my restution is not paid in full???

First, have you been making regular payments? If not, start making them. If so, don't worry. It's a technical probation violation not to have your fees, fines and costs paid in full at least two weeks prior to the expiration of your sentence. You may want to try getting a large payment made before court. This will show the judge that ou are sincere about your intentions to take care of this matter. If you cannot pay more than the $25 per month, you may want to seek cou sel to petition the...

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Pennsylvania business to business security monitoring renewal, no signed contract.

There's a number of possible facts that may dictate the outcome. First, you indicate there was a contract but it wasn't signed. In order to have a valid agreement there has to be a "meeting of the minds" which would be evidenced by all parties to the agreement signing the agreement. The contract may be voidable because it wasn't signed. However, you proceeded under the terms of the agreement for 3 years. This may evidence your intent to ratify its terms if you've acted in conformity with...

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Can a friend of mine be found guilty of drug possession when no drugs of any kind were found?

Yes, however, actual tangible evidence is sometimes preferred. In this instance, your friend is being prosecuted with circumstantial evidence. It is just as strong as direct physical evidence if there is a sufficient quantity and quality to be believed by a jury. There must have been an exchange at some point to a confidential informant or an undercover officer. I don't think you are aware of all the facts that the police have at this time. Your friend should hire competent counsel as...

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