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Rochelle S. Rabin

Rochelle Rabin’s Answers

588 total


  • How can we recover our money without making a legal mess out of this situation.

    We sold football equipment to a team in need in our area on a payment plan to help them. We have a contract that has been notarized. They have stopped making payments since November of 2015 leaving a balance of over $1000.00 and even in the event...

    Rochelle’s Answer

    Your question got posted as an entertainment law question which it is not. I'm going to change the practice area of the question to " lawsuits and disputes", so that an in-state attorney will be more likely to see it, and you can get a better answer. Good luck to you.

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  • What should I do if my employer does not pay after I quit?

    I quit my job as a nail technician a month ago. So far I have not received my paycheck for the final week I worked, plus 2 week holding when I first started. When I called my employer, I was told that I was not going to get paid as a penalty of qu...

    Rochelle’s Answer

    You have two choices: 1) you can file a wage claim with the PA Dept. of Labor and Industry for the back pay, and they'll do the work for you or 2) you can do a private suit and if you win your employer will have to pay your reasonable attorney's fees plus, depending on how long the pay is overdue, either an additional 25% or $500, whichever is greater. Here's a link to the state pages that discuss this. There's a complaint form if you want to do file yourself and let the department handle it for you. You can also call their Philadelphia office with questions first. Or you can find an attorney to do your case (remember, he or she will get attorney's fees from the employer if you win). See the Find A Lawyer tab on AVVO if you want an attorney. Good luck to you!

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  • Does being put on the Involuntary Exclusion List affect future employment?

    I was recently banned from a casino in PA for gambling underage (20 years and 2 months old). I received a non-traffic citation for it, and nothing happened sense. Today I received a petition to put myself on the Involuntary Exclusion List. This is...

    Rochelle’s Answer

    This question got characterized as an employment law question. I'm going to change it to a criminal defense question so that it is more likely to come to the attention of a Pennsylvania criminal defense attorney, who may be able to advise you a little more about your question.

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  • I want to know what right do i have as a common law marriage in the state of PA. thank marvin holmes 610-308-1141

    My fiance and I have lived together for 16 years. because gay marriage was not legal until just recently, we considered our self, either common law or domestic partners. i have covered him on my health insurance at work and he has mad be benefici...

    Rochelle’s Answer

    Mr. Holmes, I am very sorry for your loss. There is now legal precedent in Pennsylvania for recognizing common law marriage status in a same-sex relationship. See link below for an article about the case. This is not a guarantee that you would be considered to have a common law marriage; it would depend on the specific facts of your situation, but it is at least possible based on the new case. As for what rights, there would be rights concerning inheritance, acting as administrator of a will... I'm not sure what else you'd want to know about. Your best course is to contact an attorney privately, discuss your situation and concerns, and see where you want to go from there.

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  • What is the law about my husband adopting my 3 children? How would I go about doing this? Could this be Child Abandonment?

    I have 3 children who I have sole custody of with their biological father having supervised visits. The reason for that is hes on Megan's Law for life.We had a evidential hearing which gave me the sole custody and him the visitation with someone t...

    Rochelle’s Answer

    Adoption is a two-step process: first the biological father's rights to the child must be terminated, and then there can be a petition for the step-father to adopt. In order to get the termination order, either the natural father must sign a consent to have his rights terminated so your husband can adopt, or the court must find that there are grounds for an involuntary termination of parental rights. These grounds include (but are not limited to) the existence of a 6 month period of abandonment described as his having "evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. " You should talk to an adoption attorney in Pennsylvania individually so someone can evaluate your case properly and see what the best course is. They can also see if the phone contact constitutes enough of an attempt to see the children such that an involuntary termination wouldn't be likely to be granted. If the father tries to see the kids and he is turned away, that might be another story. Find an attorney -- there's a directory here on AVVO or you might like someone who answers your question -- and go into detail with that person and see what your options are. Good luck to you.

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  • Can I apply the inheritance tax rate to each heir individually when I distribute to them their inheritance funds?

    I am settling my mom's estate in PA. The inheritance tax is 4.5%. The proceeds from the sale of her house is her entire estate. She left $5000 to 4 grandchildren and $5000 to my brother in law (my sister is deceased). All the remaining proceeds ar...

    Rochelle’s Answer

    I agree with the other attorneys that the payment of tax depends on the wording of the tax clause in the will. If it doesn't say otherwise then yes, the inheritance tax likely comes off the top and will affect you and your brother rather than the grandchildren and your brother-in-law. This is the reason that wills must be drafted very carefully, keeping in mind how the taxes and expenses should be paid. I always ask clients twice if they're sure about making specific bequests rather than percentages, because the specific bequests get paid out first, and I don't want to see a situation in which the bequests are paid and the people who were supposed to get the remainder end up with too little because of that. I, too, recommend that you have a lawyer go over everything and make sure you're on the right track. Sometimes there are things that can be done or should be done that you might not know to ask about.

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  • How do i get this off my record?

    My brother was arrested on several charges in which he used my social security number. Now whenever i go for a job it always shows on my criminal backround. How do I get this off my record?

    Rochelle’s Answer

    I'm going to change the practice area of this question to Criminal Defense so that the criminal attorneys are more likely to see this and weight in if they have more suggestions.

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  • Should i be forced to take a vacation day due to his negligence?

    My employer didn't maintain the property. Parking lots were inaccessible. Snow ended around 9pm on Saturday night and Monday morning they were still untouched.

    Rochelle’s Answer

    I don't know why everyone's having a hard time understanding your question. You're saying that your employer didn't plow, so you had to take a day off from work, and now he's counting it against one of your vacation days? I don't know offhand if that's legal, but it's certainly not fair. Maybe there's someone else who can address the legality.

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  • Can I sue ?

    I was fired with out reason and they cut into my pay

    Rochelle’s Answer

    You may have a case if you were fired for illegal discriminatory reasons (age, race, etc.) or if you were fired in violation of the terms of any employment contract that you might have. Otherwise, employment in Pennsylvania is "at will," so the employer can just fire you.

    The part about their cutting into your pay. Are you saying that you weren't paid for work done? If that's the case, you may have a wage claim. You can hire an attorney to pursue that, or you can pursue it yourself directly through the state. There's an online complaint form. If you do have a case, the employer must pay your attorney's fees plus an overage, so it is worth it to at least talk to a lawyer. I have posted the link to the PA Dept. of Labor and Industry website so you can see an overview of the wage payment laws. There's also a link to the complaint form.

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  • Is this real or a scam? Someone please help me! BTW the page did not ask for money. I am very scared and upset right now.

    I was just watching porn and a few ads popped up and before I knew it there was an FBI tab accusing me of watching child pornography?! Is this real or a scam? I am a 19 year old girl for Christ sakes!!!!! I was just trying to watch some porn to be...

    Rochelle’s Answer

    The other attorneys are correct. This is a common scam on the porn sites. Please be careful on there as some people have had their computers hijacked by ransomware.

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