Saturday, July 31, 2010

Three More Ways to Save on Long Term Care Insurance

There's increased interest in long-term care insurance as a most viable way to protect against the enormous and costly risk of needing long-term care at some point in our lives.

Because long-term care insurance is still a relatively new form of protection, many consumers are unfamiliar with the simple ways to reduce the cost. Here are two additional ways to save.

Married Couples and Partners Can Save 15% to 40% Each Year

Discounts are offered by long-term care insurance companies to married adults and even unmarried adults who are living together. These discounts vary from one insurer to another and typically require that both individuals purchase coverage.

However, some companies will offer a discount when only one couple purchases coverage (sometimes only one individual is insurable). Some companies offer discounts to domestic partners or individuals in committed relationships.

And, here's an important tip for those who are regrettably anticipating a divorce. At the time of writing this article, most insurers will not remove the "marital" discount when a couple gets divorced. But you'll need to buy this coverage while still married.

Adding A "Deductible" Can Save 20% Each Year

You are probably familiar with the concept of deductibles on your car, home and even your health insurance. Simply, you pay some of the cost before your insurance kicks in.

Deductibles on long-term care insurance policies are typically referred to as the Elimination Period. This is the number of days you choose to pay fully until your benefits for qualifying care begin.

The longer your Elimination Period, the lower your annual premium will be. Keep in mind that, generally, your initial need for long-term care will not be as intense or costly as the care you'll need over longer periods of time. Maybe you have family members or community resources you can turn to for those initial days.

A 2008 study by the long-term care insurance trade organization reported sales by Elimination Period:

20-to-30 Days 7% of buyers
31-to-89 Days 7%
90-to-100 Days 83%
100+ Days 3%

A Defined Benefit Period Will Save 16% to 53%

One of the most difficult decisions you'll face when selecting your long-term care insurance is how long should benefits last. No one can predict how long you'll need care.

Why averages are not relevant. Because your chances of needing long-term care are either 0% ... or 100%. Thus, a good way to approach your planning is to look at the value of financial assets you want to protect with long-term care insurance. Then you can back into a daily dollar amount and number of years of coverage.

What can you save? A policy that pays for 5 years will save between 16% and 27% yearly compared to an unlimited (also called a lifetime) benefit. A policy that pays 3 years will save 36% to 39% compared to an unlimited benefit.

And, one of the best ways to save is to work with a knowledgeable long-term care insurance professional who has access to policies from multiple insurance companies. They should be willing to answer your questions and to provide you with no-cost price quotes without any obligation.

Friday, July 30, 2010

Don't Forget Trade Secrets

Ask a knowledgeable layperson to define "Intellectual property" and he or she typically lists patents, trademarks, and copyrights. A fourth type of intellectual property, "trade secrets," should not be ignored. Trade secrets consist of any idea, process, formula or other information that a company or individual wishes to protect from infringement (i.e., from being stolen) by maintaining it as a secret. Lawyers will tell you that to maintain trade secret protection, you must keep it secret. For some companies, that is not a problem. The Coca Cola Corporation, for example, has maintained the secrecy of its Coke formula for over a hundred years. For others, trade secret protection simply does not work. Disclosure of the "secret" process, idea or information is critical to their business model. Such companies seek patent, copyright or trademark protection.

Unlike its patent, trademark and copyright brethren -- creatures of federal law -- trade secret protection is controlled by state law. Until recently, this meant that the law of trade secrets was a patchwork of judge-made law ("common law"), which differed from state to state. The situation, however, has changed for the better. During the past 20 years, Pennsylvania (in 2004) and a majority of other states have adopted the Uniform Trade Secrets Act ("UTSA" or "Act"), which has added predictability to how trade secrets are treated under the law, making it a much more valuable tool for intellectual property protection, particularly for businesses involved in inter-state commerce. See 12 Pa. C.S.A. § 5301.

The UTSA has standardized the definition of trade secret, the factors related to misappropriation of trade secrets, and the available remedies for violation of the Act. Under the Pennsylvania Act, a trade secret consists of "information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that derives independent economic value... from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use." Importantly, for businesses in Pennsylvania, the definition includes customer lists, which in some states are not considered trade secrets. Customer lists are frequently at the center of disputes between former employees and employers so the Pennsylvania UTSA provides businesses with another tool to defend their ownership rights so long as the lists are maintained in secrecy.

The Act requires that a trade secret be "subject of efforts that are reasonable under the circumstances to maintain its secrecy." So, if you have a customer list or any other type of trade secret you must use reasonable efforts maintain its secrecy. This means that access to the secret must restricted in a guarded location.

The UTSA provides remedies for the aggrieved party, including money damages and injunctions. Money damages may consist of defendant's unjust enrichment or plaintiff's lost profits. Alternatively, the UTSA also provides for reasonable royalties. In addition, punitive damages may be awarded for willful and malicious misappropriation. Under the Act, the prevailing party may also be awarded attorneys' fees. Finally, the UTSA provides criminal penalties and makes obtaining trade secrets "willfully and maliciously" through a computer or computer system a second-degree felony. See 18 Pa. C.S.A. § 3930.

Thursday, July 29, 2010

Evicting Squatters - Knowing Your Rights

It's surprising when it happens. An absent property owner may be completely unaware that someone is living on his property. When a person lives on the property without having permission by the property owner, it's known as "squatting." In some cases, squatters have been known to live in unoccupied houses and buildings for years before being discovered by the owner. In doing so, they establish a form of ownership over the property. While the true property owner can kick the person out, evicting squatters requires him to go through a legal process. In this article, we'll explore squatters, trespassers and the art of evicting them.

Difference Between Squatting And Trespassing

First, it's important to understand that squatting and trespassing aren't necessarily the same. While trespassing is a criminal offense, squatting is technically a civil matter. By definition, squatting may not actually be illegal in your jurisdiction. Plus, removing a squatter requires the property owner to claim possession and prove ownership. That being said, if there are signs of a forced entry (broken windows, locks, etc.), then the squatter is trespassing and the police have the right to remove that person.

When The Law Works Against You

Surprisingly (to the chagrin of thousands of property owners), evicting squatters can take months. In cases where a squatter has lived on a property for years, it can be nearly impossible to evict them. The law requires the property owner to show proof of ownership. While that may seem a simple matter at first, the fact that years have passed without the owner of a home or building realizing the presence of a squatter can make his case less compelling. If a squatter can demonstrate restricted access (for example, locks on the main entry that only the squatter can open), he may be able to prove legal ownership.

The Art Of Evicting Trespassers And Squatters

First, if you notice squatters or trespassers are living on your property, it's recommended that you hire a professional service to evict them. Approaching and dealing with them personally could expose you to risk. Plus, property owners may not realize that it's possible to infringe upon the squatters' legal rights by barging in (despite having true ownership).

Next, file a claim of repossession of your property through the County Court or the High Court. You should have the guidance of a solicitor to ensure you follow the correct procedure. Once your ownership of the property has been proven, the Court can enforce its order by having the squatters removed.

Getting Your Property Back

Finding strangers inhabiting your property without your permission can be an unpleasant surprise. To begin the process of evicting squatters and trespassers, hire a professional eviction service. Avoid confronting the squatters yourself. Prepare the necessary documentation to prove your ownership of the title. Before long, you'll have your property safely back in your possession.

Wednesday, July 28, 2010

Pennsylvania Personal Injury Attorney And Pennsylvania Personal Injury Contributory Negligence

The defendants have the burden of proving the existence of contributory negligence. Defendants must prove that plaintiff acted unreasonably under the circumstances and that her conduct was a substantial factor in causing her injuries. Hanlon v. Sorenson, 289 Pa. Super. 268, 433 A.2d 60 (1981). It is not plaintiff's burden to prove her freedom from any such negligence.

Contributory negligence can be found as a matter of law only in clear cases. Arco v. Goodstein, 265 A.2d 783 (1970); Dolin v. J.J. Newberry Company, 466 A.2d 174 (Pa. Super. 1983). There can be "no room for fair and reasonable disagreement as to its existence." Skalos v. Higgins, 449 A. 2d 601, 604 (Pa. Super. 1982.) Plaintiff is required to use only the ordinary care that a prudent person would use under the circumstances. Peair v. Home Associations of Enola Legion #751, 430 A.2d 655 (Pa. Super. 1981).
Defendants often cite the Restatement (Second) of Torts § 343A in concluding that plaintiff was contributorily negligent for an accident. Section 343A protects possessors of land from liability from "known" or "obvious" dangers, "unless the possessor should anticipate the harm despite such knowledge or obviousness."

To be "known", the danger must "not only be known to exist, but ... also be recognized that it is dangerous and the probability and gravity of the threat and harm must be appreciated." Berman v. Radnor Rolls, Inc. 542 A.2d. 525, 531 (Pa. Super. 1988), citing, Carrender v. Fitterer, 469 A.2d. 120, 124 (Pa. 1983).

What constitutes an "obvious" danger is an issue of fact for the jury's determination, requiring denial of a Motion for Summary Judgment. Brown v. Sears Robuck and Company, E.D. Pa; Hutton, J.; July 18, 1990; no. 89-3556; slip op.
"A danger is deemed to be 'obvious' when 'both the condition and the risk are apparent to and would be recognized by a reasonable man, in the position of the visitor, exercising normal perception, intelligence and judgment." Id., citing Carrender, at 123 (emphasis added.) It is, therefore, crucial to consider the perception, intelligence and judgment of a plaintiff at the time of this accident in order to determine whether the danger presented by the sign frame was "obvious" to her.

In Berman, supra, the Superior Court ruled that the trial court's refusal to charge the jury on the issues of "known" or "obvious" dangers was proper. In Berman, the plaintiff was roller skating. After he was bumped by another skater, this plaintiff lost his balance, skating through an opening in a railing onto a carpet area and down a six-inch drop off in the floor level. Ultimately he struck his head against a cabinet or shelf which protruded beyond vending machines.
The condition of the rink, the wide entrance, the six-inch drop off and the placement of the vending machines were all apparent. None of the conditions were concealed in any way. Nevertheless, the Court could not say that these conditions would be "known" or "obvious" to a reasonable person in the position of the plaintiff. The court carefully considered that this skater lost and regained his balance while traveling at a good rate of speed. He did not have an adequate opportunity under the circumstances to recognize the danger the six-inch step posed to him.

The Court in Berman concluded that while the skater was charged with the general risks of skating, he was not charged with knowledge of how the risk to him was increased above that caused by normal skating by the physical lay out of the building. Id. at 536.

Tuesday, July 27, 2010

Pennsylvania Bankruptcy Lawyer

Whether you are an individual or a company, having to file for bankruptcy can be a serious and stressful matter. However, when debts pile up and there is no other solution it is important to know exactly what steps to take in terms of filing for bankruptcy to minimize the damage caused to your assets and life. A Pennsylvania bankruptcy lawyer can help you through the bankruptcy period and ensure not only a smooth transition but also minimize on the financial impact on you. As the laws regarding bankruptcy have become far more stringent it has become all the more important to enlist the help of an expert such as a Pennsylvania bankruptcy lawyer.

A Pennsylvania bankruptcy lawyer will help you through each stage of your bankruptcy. He or she will be able to offer invaluable advice to promote damage limitation in terms of your finances and assets, and having the help of an expert in this field can reduce the stress involved in filing for bankruptcy. In order to reduce the number of frivolous bankruptcies filed, it has become far more difficult now to file for bankruptcy in the United States. A Pennsylvania bankruptcy lawyer will use experience, skill, and expertise in this area to ensure that bankruptcy is your best option, and to offer advice and assistance on filing for the correct type of bankruptcy depending on your status and circumstances.

Having expert legal advice in matters such as bankruptcy - matters that can affect your life and finances for many years to come - can prove invaluable and can make a real difference to the outcome of the proceedings. However, at an already difficult time in terms of finances and stress it does mean having to come up with the money to pay for these expert services, and this is where most people struggle. However, although you may think that you cannot afford the cost of a bankruptcy lawyer it is important to remember that you can't really afford not to have one.

One way to avoid this situation is to take out a prepaid legal services plan, which will enable you to have access to an expert bankruptcy lawyer whenever you need advice and assistance. You will find the cost of premiums for these prepaid legal services is very low, and you can benefit hugely by having continual access to advice from an experienced bankruptcy lawyer.

Monday, July 26, 2010

What Wrongful Death Compensation is All About

The sudden demise of a family member is, no doubt, one of the most difficult and most painful experiences a person or an entire family could go through. The loss of a loved one's life, however, is even made more difficult and unmanageable to bear if the situation could have been avoided but was not or worse, if it was even intentional. As such, a case of wrongful death is a much more serious situation than personal injury cases, which means that there is a greater financial compensation due to the loss of human life.

It is appalling to realize how many cases of death actually happen every year as a result of negligence or some reckless behavior of involved parties responsible. In a number of cities, for instance, there have been a lot of cases recorded involving fatal accidents that result to a grieving loss of family members. If you happen to have had a loved one who died and you think his or her death may have been caused by carelessness, negligence, or intentional misconduct, then you need to contact a wrongful death lawyer as soon as possible.

Not many know this but circumstances involving the fatality of someone can possible be a valid ground for a wrongful death case. These include the likely inhalation or indigestion of chemicals while at work, negligence or abuse from nursing home wards, or even unsuccessful medical surgeries caused by the a doctor's wrong diagnosis, carelessness, or irresponsibility. In other instances, the death of a family member may actually be intentional, which ultimately cost the life of your loved one.

While it is a given that you and your family will need a great deal of time to cope with the grieving loss of your loved one and eventually accept his death, it is important to note that a wrongful death claim can only be filed at a specified length of time. In some states, a wrongful death claim should be filed within two years after the victim's death while in other states the court of law allows the filing within one to three years after your family member's passing.

The proven expertise and extensive knowledge of the wrongful death law of a wrongful death attorney will come in as a big help for you to obtain a fairly reasonable amount of compensation for the death of your loved one. Factors such as medical fees paid or accrued while he was still confined in the hospital, loss of income which he could have earned had he not die, and funeral expenses that were incurred after he died are some of the things your wrongful death lawyer will consider in order to determine the just amount of your compensation claim.

Sunday, July 25, 2010

When the Bough Breaks and Marriages Fail

When people fall in love they think nothing can tear them apart. They believe in each other, and they think their love is unbreakable. So, they get married, commit to each other, and begin the life of wedded bliss. Although, admirable, in the world of today, the odds are high that the marriage will crumble.

They may hurriedly purchase a house, new cars, add a swimming pool, and make new friends. The thrill of decorating their home with new appliances, flat-screen televisions, and all the finer things becomes a driving force. And, they enjoy many moments filled with sexual frenzy. But, for many, the excitement of building a life together begins to fade all to quickly.

Before long, the reality of life takes hold. The mortgage, car payments, utilities, and money due for the new furnishings that surround them. Perhaps a pregnancy happens before they've had a change to really get to know each other. Perhaps one wanted children and the other did not, or at least not so soon. Now, in addition to the overwhelming living expenses, there's doctor and hospital bills looming on the horizon.

Sometimes the effects of pregnancy becomes overbearing to the husband. He's tired of his wife's morning sickness, or the way her body is beginning to look. The once taut and sexy stomach is now bloated, round, and lined with red and purple stretch marks. She's irritable, tired, and not interested in sex anymore. She might not even look like the person he married, and his disappointment starts to show.

Many couples suppose things will change after a baby is born. Actually, this is true. Things will change, but the changes might be completely different from what they expected. Oh, they'll be up all night again, but not because of heated passions. They'll spend many evenings at home, but this might be because they don't have, or can't afford, a babysitter. The grocery bills can double with baby food, diapers, and formulas. Costs to outfit the nursery with crib, dresser, baby monitor, and toys might be much more than anticipated. A stroller, walker, car seat and more doesn't come cheaply.

His beautiful young wife might seem to have evolved into an older woman. Her breasts and hips, he used to caress, are now things reserved for the baby. He watches as she cuddles, holds, and kisses the baby. The baby seems to have taken his wife from him! It may seem everything revolves around the baby as she dotes on every new activity. His wife talks about how tired she is (again). And, just when he thinks he's going to get 'lucky,' his wife pushes him away when she hears the baby sigh.

Many times, a husband can feel rejected, as if he's in competition with this new arrival. Some men throw themselves into their work, some drink and avoid coming home, and others seek out another to satisfy his sexual desire. None of these things are good choices, but they seem justified at the moment.

In this regard, "when the bough breaks" may not be about a baby in a cradle. It could be about the unmistakable sound of a marriage shattering like broken glass.

Saturday, July 24, 2010

Stay Safe on the Road Through Defensive Driving Tactics

Everybody has to drive. We all rely on our cars for necessary commuting and recreational travel. But so many cars on the road make it difficult to feel totally confident that we will reach every destination intact. Accidents happen. If you are in an accident, your status quo is turned upside-down. If the accident is minor you can take a check from the insurance company to your local body shop, put a band-aid on your scratches, and get back to normal. If the accident is more serious, getting back to normal takes more effort, time, and money. If you live in Pennsylvania, a Pittsburgh personal accident attorney can help you to sort things out and get the resources to cover your medical needs and replace your car. A Pittsburgh personal injury attorney has the knowledge and experience to bring order to the chaos in your life.

However, avoiding an accident is always preferable to surviving one. The best way to avoid an accident is to practice what is commonly called defensive driving. The concept of defensive driving is that the driver pays close attention to all of the traffic around him and anticipates the possible actions of the other drivers to be able to be able to react quickly in order to avoid or prevent a possible accident. For example, be aware of the blind spot. I am sure that you have had experiences of trying to change lanes. In this instance, you hope that the person in your blind spot is practicing defensive driving to react quickly to your "misstep" and avoid a fender bender. You need to turn this scenario around and think of yourself as being in the blind spot of another driver. Keep a sufficient distance between your car and the one in front of you so that, in case you are in another driver's blind spot, you can easily give him room to fit into the space in front of you.

Another important safety point is to concentrate on your driving. Keep your eyes on the road in front of you, but also always be aware of what is happening behind you and to each side. And do not do anything but control the car. That means you need to stay off your cell phone. Do not make calls, do not text, and do not carry on long, involved conversations. Another source of distraction is the radio. The radio is a bigger problem for younger drivers because they lack experience and because the song that is playing is such an important part of the driving experience for them.

The last bit of advice for defensive driving is to keep your cool. If the driver behind you wants to get in front of you, just let him. What difference does it make to your arrival time? (Of course, do not hold up traffic. Travel with the flow.) Never do anything that would work another driver into a case of road rage.

Last of all; remember that if we all drive cooperatively, we will all get to our destinations more easily.

Friday, July 23, 2010

Improving Your Odds With an Auto Accident Lawyer

Have you suffered an auto accident? If you take the right steps, then you can ensure you will get through any necessary legal action smoothly and efficiently. You'll need to contact an auto accident lawyer to help you out, but first you can begin collecting all the information you can.

You'll want information from everyone involved in the accident. This includes people in your car, in the other car, and anyone who witnessed the accident. In addition, you should take note of the officers who attended the accident. Record their badge numbers so you know who will file the report. Ask them how long you have to wait before you can get a copy of the police report, and where you should pick it up.

One of the best things you can do, is to write down everything you remember about the accident as soon as possible. It becomes difficult to remember specific details as time goes on. Record the date and exact time of the accident. Write down exactly how the accident happened, what the weather conditions were, or any other variables involved in the event. Were you making a left hand turn? Was the other driver speeding, talking on the cell phone, or doing anything else you remember? Write it all down.

In addition to writing down the details of the accident, consider drawing a diagram. This will help your car accident attorney understand precisely what occurred. Use arrows and simple shapes to draw the diagram. The purpose isn't artistic but informational. An accurate diagram will help your car or motorcycle accident attorney understand the details as well as you. This will give him the ability to accurately assess the case and recommend the best course of action.

A good diagram will represent the different phases of an accident. Three separate diagrams will work best. The first diagram should show where each car, person, or obstacle was prior to the accident. The second should show, as accurately as possible, where everything was as the accident occurred.

The final diagram should depict the final outcome of the accident: it should show where each vehicle ended up, and where any skid marks were. Pictures are good to have too. Taking pictures of the vehicles, skid marks, and location is very helpful, especially if you think to do it right after the accident.

One final point to remember is that you need not admit any wrongdoing at the scene. You don't have to offer to pay for damage to the other person's car, even if you feel like you should. Instead, you should consult with an auto accident lawyer first. This doesn't mean you should refuse to sign a ticket given to you by the attending police officers. Signing a ticket isn't the same as an admission of guilt. If you believe the ticket was unwarranted then it is well within your rights to challenge its validity in court.

Thursday, July 22, 2010

Want to Know How to Find Marriage Records? Read This Now

When the government passed a law declaring most records as public records it provided a window of opportunity by which we can be able to access information on people. There is no more red tape involved, such as filling out forms, joining queues and having to wait for weeks to get results. For those who wanted to know how to find marriage records, the answer could not have been easier.

With the internet becoming faster and faster you can be able to search through several data bases on information in without having to travel all over the country to collect it.

Whilst it may be true that public records are free to view, you should at least have some idea how to access them. There are still some limiting conditions that you need to get past and then you can be able to view them. Depending on how much information you have you might have to go through more than one data base to verify the information you have.

These records are constantly being changed and updated and if you are unsure of where to search you might just come up blank. There are websites that follow these changes and can assist you. They know how to find marriage records and how to access updated records. The kind of information you will expect to find contained in marriage records is the name of the couple, the state where they got married, their dates of birth, and the names of the parents.

If you can supply most of the information it will make cross referencing easier. Make sure that the information that you provide has no spelling mistakes and the full names should be provided. Try out some of the available websites they know how to find marriage records.

Wednesday, July 21, 2010

Louisiana Death Records

The Louisiana Vital Records Registry is the storeroom of all the death records less than fifty one years. Death that happened in the state of Louisiana more than fifty one years years is recorded and maintained at the Office of the Secretary of State.

The death records in Louisiana are confidential and cannot be obtained by any person. The only person who is authorized to request for a copy of a death certificate must be a close or immediate family member, a person authorized which name appears on the certificate of death, or a legal representative of a family.

To order a death certificate, one must completely fill out the Application of Certified Copy of Death Certificate and send via mail to the Louisiana Vital Records Registry. The search for the death record cannot be performed if the information required on the application is incomplete. The application must include signature of the applicant, required payments, and as well as a copy of the applicant's state picture identification.

To get a death certificate in Louisiana the requester is required to pay a fee of $7.00 each copy. In addition, the fee must be paid through money order or check for the correct amount. However, transactions through credit cards are not accepted. If the requested file is not found, the fee is retained for the search efforts.

The easiest way to search death certificates is to access a public records database. You can get your hands on millions of death records that you can cross-reference and research from the privacy of your home.

Tuesday, July 20, 2010

What to Look For a Personal Injury Lawyer

There is no doubt that Miami is one of the bets place to live in. It has a tropical weather all year round. It has a community where you can spend your vacation luxuriously. Here are lots of tourist spots that you can visit.

It is a place where you can spend a vibrant nightlife like no other city can provide. But it does not mean that accidents do not happen in this city. Accident is normal and it happens anytime and anywhere. It usually happens without any preparations and you are always caught unaware. But is you are the victim of the accidents, do not be hesitate to ask for help. There are Miami personal injury lawyer that are ready to help those people who are in need of their help. And if you do not have any idea about the duties and responsibilities of the lawyer, then here are some of them.

If you are the victim you cannot represent yourself. This is the reason why there are Miami personal injury lawyers. The first thing that the lawyer will do is to assess the incidents. They will try to assess if there is a valid case. But of course you have to hire some that is qualified to handle your case. We all know that there are lots of lawyers that are out there, but finding the right one is a little bit tedious.

When the lawyer try to evaluate the cases, it is important to give your full cooperation. You have to provide the complete details of the accidents so that the lawyer will be able to evaluate the case correctly.

As the Miami personal injury lawyer evaluates the ca, they will be able to determine the cost of the damages that you sustain. They will be able, to determine the worth of the case. At this point, it is important that you are hiring a lawyer that is familiar with the same case or someone who has an experience handling such case. You have to check out the testimonies of their past client and get a glimpse on the past verdict that is given to others.

After assessing the case, the Miami personal injury lawyer can file the case. Once the case is already filed thorough investigations will follow. There are some cases that end up with out of court settlements. And if the case push through, it is important that your lawyer has the right experience in handling such case. He should defend you effectively but of course there is no guarantee that you will win but at least do his part with professionalism, diligence and knowledge.

Monday, July 19, 2010

Stop a Divorce Before Your Spouse Moves On

If you are the one who wants to stop a divorce you will have to convince your spouse to give the relationship another try. This sounds completely logical but it is the very first simple fact you have to understand. Of course it isn't always possible to convince your divorce minded spouse to give the relationship another try but it is imperative if you want any chance of stopping a divorce. You can stop a divorce at any stage, such as just before the paperwork is filed or even just before the paperwork is approved by the courts. But the earlier you stop a divorce the more likely that it won't be brought up again.

To reiterate, convincing your spouse to give your relationship another go around is the very beginning process to stop a divorce. But this does not mean continuous begging to your spouse. If you have been doing that it is time to stop. You may be thinking that you need to do a lot of begging to get the point across as if the more begging the more it will wear down their resistance. The chances are, your begging is just getting more on their nerves and making them want the divorce even more. No one wants to be around someone who seems to be unsure of themselves or needy.

Your best move is to explain in calm terms why you don't want the divorce and you would like another chance at the relationship. If you can demonstrate some maturity in your behavior and remain calm it might surprise your spouse and help stop a divorce.

Any screaming or angry actions will not help your chances. Your divorce minded spouse already knows you don't want the divorce. Your goal is to just make him or her realize how sad you are about it. You will be surprised how your mature actions will change your spouse's behavior and thinking.

Another way to show your spouse that you are being mature about the situation is to suggest marital counseling. Although some people are against it, counseling has worked for many thousands of couples. Your relationship can benefit from it as well. You will have to get your significant other to agree to the counseling and that may not be so easy at first. But if you have them convinced to try again then it will not be hard. While counseling is taking place you will have even more time to convince them of the stupidity of divorce and the value of giving the relationship another chance.

While you are in counseling you can have the opportunity to figure out why you fell in love with each other in the fist place. You and your spouse will have time to think of the reasons you got together. For you to stop divorce you should show an honest effort to deal with the problems mentioned during counseling. Hopefully this will convince your partner that you are mature enough and concerned about resolving previous marital problems. This should convince him or her to stop a divorce, at least temporarily if not permanently.

If you do succeed at stopping a divorce, it is important to keep in mind that your divorce minded spouse will always feel that they can always begin to file once again for divorce if need be. It is easy for some people to change their mind back and forth quickly. This means you should be aware of the state of your relationship at all times and make an effort to keep the relationship healthy. Having a good relationship permanently is better than having to stop a divorce temporarily several times.

Sunday, July 18, 2010

College Students and Pennsylvania Criminal Charges

Whether this is their first year or their last, all students need to be aware of the serious consequences they could face if a night of seemingly innocent fun ends in an arrest. Criminal charges for using a fake ID, underage drinking or marijuana possession can follow students around long after they have received their degrees.

Convictions for certain types of crimes, like marijuana possession, may result in the creation of a criminal record. Other charges, like underage drinking, may come up on a vehicle background check. A criminal record can make it difficult for students to secure employment in a highly competitive job market and may limit their options for entering graduate programs, like law school and medical school. Moreover, drug related convictions (including simple possession) can prevent students from receiving various types of student aid and student loans.

Pennsylvania Fake ID Laws

Minors under 21 years old who are caught with a fake identification card, use a fake ID to buy or attempt to buy alcohol or verbally communicate to someone that they are 21 or older to buy alcohol may be charged with one of these crimes:

* Misrepresentation of age to secure liquor or malt or brewed beverages (18 PA CSA 6307)

* Carrying a false identification card (18 PA CSA 6310.3)

False identification includes using or possessing another person's id who is of legal age or using or possessing an id with false age, name and/or birth date information, regardless of whether it has the student's own photograph on it.

First offenses for violating the state's fake id laws are summary offenses and generally are punishable only by a fine. Subsequent offenses, however, are third degree misdemeanors and carry increased penalties. Penalties for violating these laws can include:

* $300 fine for a first offense

* $500 fine for a second or subsequent offense

* Up to 90 days in jail

* Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

If a student is charged under one of the state's fake ID laws, the police will notify their parents.
Underage Drinking (UAD)

College students under the legal drinking age who are caught buying or attempting to buy alcohol, drinking, in possession of alcohol or transporting alcohol in their vehicles may be charged under 18 PA CSA 6308 with an underage drinking offense. A first time UAD offense is treated as a summary offense, while subsequent offenses are treated as third degree misdemeanors.

The penalties for underage drinking in Pennsylvania include:

* $300 fine for first offense

* $500 fine for the second and each subsequent offense

* Up to 90 days in jail

* Loss of driving privileges for 90 days for a first offense, one year for a second offense and two years for a third offense

Marijuana Possession

The penalties for marijuana possession are more serious than those for underage drinking. The severity of the penalty depends on how much marijuana was in the student's possession at the time of the arrest.

* If the amount was 30 grams or less, then the student may be charged with possession of a small amount of marijuana and sentenced to 30 days in jail and have to pay a maximum $500 fine

* If the amount was more than 30 grams, the student may be charged with possession of marijuana and sentenced up to one year in jail and have to pay a maximum $5000 fine

A student convicted of marijuana possession also will lose his or her driving privileges for 6 months for the first conviction, one year for a second conviction and two years for a third or subsequent conviction.

Students caught with drug paraphernalia in their possession? like a pot pipe? can be charged with an additional crime, which carries up to 1 year in jail and a maximum $2500 fine. The penalties for marijuana possession increase for any subsequent violations.
Effect of Drug Offenses on Student Aid

Aside from monetary fines and potential jail time, college students who are convicted under federal or state drug laws also face the potential of losing their rights to certain forms of student aid. Under the Higher Education Act of 1998, students convicted of any crime involving the possession or sale of a controlled substance are not eligible to receive any federal grant, loan or work assistance for a specified period of time, depending on the offense.

For example, if a college student is convicted of a drug possession crime, he or she is ineligible for student aid for a year following the conviction. The ineligibility period is extended to two years for a second offense, and a third or subsequent offense renders the student ineligible indefinitely.

The penalties for conviction of a crime involving the sale of a controlled substance are tougher: A first offense results in two years of financial aid ineligibility, while a second or subsequent offense means that the student is ineligible for an indefinite time.
Conclusion

If you have been charged with a crime, even a misdemeanor, it is important to begin working with an experienced criminal defense attorney as soon as possible to minimize the consequences of the charges. In some cases, you may be able to complete a community service program or other type of accelerated rehabilitative diversionary (ARD) program to reduce or eliminate the penalties against you.

Do not underestimate the amount of trouble you may be in. A conviction for any crime can have devastating consequences for your college career and impact your ability to find employment after graduation.

Saturday, July 17, 2010

Criminal Background Check - How to Find Criminal Records Online the Easy Way!

In the past, the only way you could do a criminal background check would be to hire a private investigator.
Today you can do it in only a few minutes and in the privacy of your own home.

# Step 1
You can use the search engines, such as Google and Yahoo. Enter the individual's full name into the search box and put it inside quotation marks to get more relevant results. It would be very helpful to enter even more data, like their date of birth, their address and their social security number. Most local newspapers publish a weekly list of arrest reports online, so you might be lucky enough to find what you are looking for. Keep in mind that even if you don't find anything, this doesn't mean that the person doesn't have a record.
# Step 2
You can try visiting the National Sex Offender Registry to find out if the individual has ever committed a sexual crime and the Family Watch Dog's website that keeps track of sex offenders who have been released from prison. In the department of motor vehicles you can discover if they have been arrested for reckless driving and by visiting the Federal Bureau of Prison's site you will find an inmate locator service.

If none of these methods yield any results, then it might be a good idea to use a paid service.

There are many legitimate companies online that can provide you with information, such as:

Criminal, Arrest and Jail Records
Pedophiles listed in your neighborhood
Marriage and Divorce Records
People's Phone Numbers & Addresses
Census and Civil Records
Bankruptcies
Parolees
Missing Children and Adults
Most Wanted Criminals

Friday, July 16, 2010

A Pennsylvania Lemon Law Review

Buying a new car can be a fun and rewarding experience that most people enjoy. Whether out of necessity or for pleasure, car buyers spend a great deal of time carefully considering the qualities of each vehicle to decide on the vehicle that will be the right fit for them. Unfortunately, consumers occasionally find their dream car can quickly become a nightmare and in Pennsylvania this is no exception.

Occasional mechanical problems can appear even when a vehicle is new, however when these problems repeatedly occur, Pennsylvania drivers must protect their rights. Therefore, a brief review of the Pennsylvania Lemon Law should be useful to anyone that has a new vehicle or has ever considered buying a new car in the state of Pennsylvania.

What is a Lemon?

Generally speaking, a "lemon" is a new vehicle that has been purchased or leased which suffers from a repetitive nonconformity. A nonconformity is defined as a defect or condition which substantially impairs the use, value or safety of the vehicle.

How Does Pennsylvania Define a Lemon?

The Pennsylvania Lemon Law applies to new cars purchased or leased in Pennsylvania and registered in PA, OR purchased in another state but registered in PA by the first owner immediately after purchase. In order to qualify for remedy under the Pennsylvania Lemon Law, your vehicle must be used for personal use and must suffer its first non conformity (that's a defect which affects the use, value or safety of the car) within the first 12 months or 12,000 miles, whichever comes first. The problem must occur at least two more times under the Manufacturers warranty period OR the vehicle must be in the shop 30 days in the 12/12 period. The 30 days do not have to be consecutive, nor do they have to be for the same problem.

What If a Vehicle Is Not Covered by Pennsylvania's Lemon Law?

It's important to note that even if your car falls outside of the limitations established by the Pennsylvania Lemon Law, there are still Federal breaches of warranty laws which may apply. If your car has an original or extended manufacturer's warranty and has a problem that can't be fixed after three repair attempts, chances are you may have some recourse. Therefore, it's suggested that you contact a qualified Pennsylvania Lemon Law Attorney to determine whether you are entitle to compensation

How to Avoid Buying a Lemon

Many people think that when buying a new car, the odds of getting a lemon can't be reduced, but this isn't the case. With a little extra effort, car buyers can greatly reduce the odds of having a sour experience by following this simple advice:

1) Review the National Highway Traffic Safety Administration (NHTSA) Vehicle Complaints List - Avoid the Vehicle with a High Proportion of Complaints

2) Check out the Car Book by Consumer Advocate Jack Gillis and The Center for Auto Safety as a Guide to the Highest Rated Vehicles.

3) Inspect the Vehicle Thoroughly Including a Test Drive; Take Extensive Notes , You May Need Them Later

4) Carefully Document All Vehicle Repairs Keeping All Invoices and DocumentsUnderstand Your Rights Under Pennsylvania Law

In conclusion, buying or leasing a new car in Pennsylvania does not have to be a risky proposition. By knowing your rights and taking active steps to avoid a "lemon" you can dramatically decrease the likelihood of problems with your new car and enjoy the new car experience without fear or concern.

Thursday, July 15, 2010

Delaware County, PA Personal Injury Attorney On Delaware County Personal Injury Assumption of Risk

Defendants may contend that plaintiff assumed the risk of an accident. The burden of showing voluntary assumption of risk and contributory negligence is on the defendants. Whitley v. Philadelphia Transportation Company, 234 A. 2d 922, 925 (Pa. Super. 1967).

The doctrine of assumption of risk "has been very problematic and has fallen from the favor of some of the judiciary and legal commentators. In fact, the doctrine as a separate affirmative defense has only narrowly survived abolishment by our Supreme Court." Bullman v. Giuntoli, PICS No. 00-1904.

The assumption of risk defense is made out only by showing that a person "with appreciation and knowledge of an obvious danger, purposely elects to abandon a position of relative safety and chooses to reposition himself in a place of obvious danger and by reason of that repositioning is injured." McIntyre v. Cusick, 372 A. 2d 864, 866 (Pa. Super. 1977)."

The defense of assumption of the risk will not prevent recovery unless the evidence conclusively establishes that the plaintiff was subjectively aware of the risk and voluntarily assumed it. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996). Voluntariness is established only when the circumstances manifest a willingness to accept the risk. Staub v. Toy Factory, Inc., 749 A.2d 522 (Pa. Super. 2000). Mere contributory negligence does not establish assumption of the risk. Id.

Rather, a plaintiff has assumed the risk where he has gone so far as to abandon his right to complain and has absolved the defendant from taking any responsibility for the plaintiff's injuries. Id. In order to prevail on assumption of risk, the defendant must establish both the "awareness of the risk" prong and the "voluntariness" prong. Id.

The defense is not available unless it is beyond question, such that no two reasonable minds could differ, that the plaintiff voluntarily and knowingly proceeded in the face of an obvious and dangerous condition. Hardy v. Southland Corp., 645 A. 2d 839 (Pa. Super. 1994), citing, Howell v. Clyde, 620 A. 2d 1107 (Pa. 1993). Assumption of the risk cannot be used as a defense unless it is shown that plaintiff "must have appreciated the danger itself and the nature, character and extent which made it unreasonable." Crance v. Sohanic, 496 A. 2d 1230, 1232 (Pa. Super. 1985).

The Pennsylvania Supreme Court in Hughes v. Seven Springs Farm, Inc., 762 A.2d 399 (Pa. 2000), discussed the status of the doctrine of assumption of
risk in light of the passage of the comparative negligence statute and
stated that as a general rule, the doctrine of assumption of the risk, with its
attendant "complexities" and "difficulties," has been supplanted by the
Pennsylvania General Assembly's adoption of a system of recovery based on
comparative fault in the Comparative Negligence Act. 42 Pa.C.S.A. §7102(a)-(b). Where plaintiff tried to minimize her risk of falling, but fell nevertheless, she did not voluntarily assume the risk of falling. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996).

Finally, in Giosa v. School District of Philadelphia, 630 A.2d 511 (Pa. Cmwlth. 1993), defendant argued that the plaintiff assumed the risk of slipping on an icy sidewalk, "because Giosa fully understood the risk involved in walking on the sidewalk, and yet voluntarily chose to encounter it." Id. The Court held that since defendant owed plaintiff, a member of the general public, a duty to keep the public sidewalks clear from any dangerous conditions, the doctrine of assumption of risk did not apply. Id. Similarly, defendants owed plaintiff, Fran Kellenbenz, as a member of the general public, a duty to keep their sidewalk clear from any dangerous conditions. Similarly, the doctrine of assumption of risk does not apply and the Court should not charge the jury thereon.

Wednesday, July 14, 2010

Driver Error Accidents

It seems that drivers on streets, roads, and highways often forget about the dangers of traveling at high speeds and operating a motor vehicle. In some ways, a sense of complacency may fall over people who have years of experience driving a car, truck, or motorcycle. The reality is that cars and trucks operate on crowded streets with little protection in the event of a serious accident, and drivers and passengers are at risk of serious injury or death every day.

Naturally, people navigate their way to work, school, and social activities each day without incident. This is because most individuals practice safe driving techniques at all times and are able to help keep themselves and their passengers safe on the road. What some people do not realize is that their actions affect not only themselves and people riding with them, but have an effect on others on the road around them. An error or mistake made by a driver on the road may cause a serious accident that can injure or take the lives of others.

It is important for drivers to pay close attention to the rules of the road and proper handling of their vehicles at all times. Drivers should make sure to obey posted speed limits at all times and make sure to obey traffic signs and stop at red traffic lights. When it comes to light changes, drivers should make sure to brake before the light turns red, and speeding through yellow lights may result in a collision.

If a driver fails to use turn signals, brakes without warning, or does not leave adequate space between his or her vehicle and others on the road, he or she may cause a serious injury accident. Each driver on the road has to rely on others to obey posted signs and follow commonly shared rules. People who do not follow the rules or drive in a reckless or aggressive manner may put everyone else at risk.

If a person is injured in an accident caused by another driver's error, he or she may be entitled to compensation for medical bills, pain, suffering, emotional and mental trauma, and other damages. The injured party may wish to consult an experienced auto accident attorney to pursue legal action against the person responsible for the accident.

Tuesday, July 13, 2010

Open Your Eyes to Divorce Statistics

Here are some samples of the most recent divorce statistics in the United States.

In 2005, there were about 2,230,000 marriages. This figure was down from 2,279,000 in 2004, even though the population increased over 2.9 million in that time period.

The divorce rate in 2005 was 3.6 in one thousand people, which was the lowest rate since 1970. This figure is down from 4.2 in 2000 and 4.7 in 1990. The highest peak in divorce statistics was 5.3, in 1981.

The rate of marriage in 2005 was 7.5 per 1000, which was down from 7.8 in 2004.

The state with the highest divorce rate reported in 2004 was Nevada, at 6.4 per 1000. Arkansas finished just behind, at 6.3, and Wyoming was third, with a divorce rate of 5.3.

Conversely, the District of Columbia had the lowest divorce rate reported at 1.7 per 1000. Massachusetts was second with 2.2 and Pennsylvania had 2.5.

According to The State of Our Unions 2005, a report that was issued by Rutgers University, 8.1% of households who are couples consisted of non-married heterosexual partners. This same study also pointed out that only 63% of children in America grow up with both of their biological parents. This is the lowest in the western world.

In 2003, according to divorce statistics, about 56% of custodial fathers and 44% of custodial mothers were either separated or divorced. In the fiscal year 2002, nearly eight million Americans paid almost forty billion dollars in spousal or child support. 84 percent of the payers were males.

The worst part of divorce, statistics aside, is that it affects every part of your daily life. This includes your finances, your emotions, and maybe even your physical health. You could even compare divorce to the sort of chain reaction started by a nuclear explosion, where every problem seems to domino atop the last problem. Statistics say, for example, that for couples with money problems, they may be less able to get through tough times as a family than those who don't have constant financial worries.

Feeling badly about oneself is another part of divorce. You are losing, virtually, half of your family, and the sense of who you are. Your self-worth may be shaken, and divorce statistics show a correlation between divorce rate and the percentage of couples and singles attending counseling. Even with counseling, you may see the end of your marriage as a failure on a personal level, which lead to a self-esteem crisis. It's important for all parties to understand that there are usually many legitimate reasons why a marriage ends.

Whether you are the plaintiff or the respondent in your divorce, you will go through stages of emotion that you may not want to face. If you acknowledge your emotions whether you like them or not, you will come through your divorce with more self-esteem, not less.

Monday, July 12, 2010

The New and Improved New Jersey Lemon Law

New Jersey Governor. Jon S. Corzine, has signed into law a new and improved New Jersey lemon law. The changes enhance consumer protections and provide greater rights to owners of lemon cars throughout New Jersey.

Under the old New Jersey Lemon Law, owners of defective cars in New Jersey were only covered if their vehicle was found to have defects, which could not repaired after 3 repair attempts within the first 18,000 miles or two years of operation, whichever comes first.

The changes to the new law now expand the coverage to 24,000 miles, instead of 18,000. In addition to the expansion of the mileage, the law also creates a distinction between the types of defects covered under the New Jersey Lemon Law.

Consumers who purchase a vehicle that has a serious defect, one that is likely to cause death or serious bodily injury, are now able to declare the vehicle a lemon if the problem cannot be cured after a single repair attempt.

All other types of defects will continue to constitute a lemon car only after three or more failed repair attempts.

Allowing a consumer to prove a defective car a lemon after one repair attempt is very important, especially when the defect is likely to cause a serious injury. If a dealer is not able to repair a car due to a defect that is likely to cause an injury, the car should be taken off the road to protect both the owner and other drivers.

Sunday, July 11, 2010

Sexual Orientation Discrimination

Sexual orientation describes a person's enduring romantic, emotional, affectionate, and sexual attraction towards others. It is distinguishable from one's biological sex, gender identity, and social gender role. Sexual orientation exists on a continuum from exclusive heterosexuality to exclusive homosexuality, with varying degrees of bisexuality in between. Typically, orientation emerges in early adolescence without any prior experience. Feelings and emotional leanings may occur first, without a person actually acting on their emotions for a long time, if ever.

Contrary to popular belief, homosexuality is not changeable by therapy. Conversion techniques are not successful and actually hurt the person in treatment, by engraining social biases and prejudices. Unfortunately, even if a homosexual or bisexual person does not undergo damaging treatment to convert them to heterosexuality, many still experience the negative effects of intolerance and discrimination based on their sexual preferences.

In the United States, there are currently no laws to protect employees against discriminatory practices based on sexual orientation in the private sector. Title VII of the Civil Rights Act of 1964 guards workers against harmful workplace actions based on race, sex, religion, color, and national origin. Additional amendments and acts since the 1960's have expanded protection to age, disability status, and sex-based wage discrimination. At this point in history, however, only federal government employees are sheltered from workplace orientation discrimination.

On the positive side, several states currently have laws in place designed to safeguard the rights of homosexual and bisexual employees in the workplace. Discrimination based on amorous preference is illegal in California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Additionally, one court case, Tanner v. Oregon Health Sciences University, has found that sexual orientation discrimination is prohibited under the state constitution. Other states, including Delaware, Indiana, Michigan, Montana, and Pennsylvania, also have legal rules preventing workplace inequity in the public sector. Finally, the Sexual Orientation Non-Discrimination Act (SONDA) prohibits discrimination based on actual or perceived orientation in New York. SONDA came into effect in 2003 and provides a legal avenue for parties experiencing discriminatory practices to pursue action against the unfair workplace procedures.

Saturday, July 10, 2010

Drop Shipping and Car Audio System - Go and Drop Ship the 6 Most Demanded Car Audio Enhancements!

Having the knowledge changes the complexion of so many things. Most often it is the lack of knowledge that spells the success of failure of a business. In the case of drop shipping car electronics, it is important that an aspiring business individual like you know what products sell the most in the market.

The most important source of knowledge is experience. In my case I have sold a lot of items online whether with a drop shipper or with my own warehouse. Now, knowledge about the product niche you are selling is essential. It helps you decide what products you will promote. Say for example that you are a car enthusiast and you want to go into business selling cars. However your budget restricts you. Experience will tell you that if one option is not available go to the next best thing. In your case, car electronic devices are the nest best thing. To be specific, car audio enhancements are the most demanded. However you do not know what specific product line you will go to. Your drop ship supplier has all the products you need but what you want is to focus on those that sell fast because of high demand.

To help you decide, I listed down the 6 most sought-after audio enhancements that car owners buy. I hope after browsing the list you will be able to decide what product to sell.

1. Satellite Radio

Every car fan knows that riding a car is dull if there is no radio. The radio helps ease the boredom and gives the passengers and even the driver a chance to relax listening to music or get informed listening to the news. It also gives a sense of functionality to the car because cars are not just used for transport but also a place to divert attention.

2. DVD/Video Units

Who ever said movies are just for homes and movie houses? In instances where passengers are tired of listening and wants their eyes stimulated, there is always the lure of watching movies or concerts while riding the car. DVD and Video units answers this need. It also adds a certain degree of luxury to the car. Moreover, movies make sure the passengers stay awake especially during night trips. Passengers can help watch out for glitches in the road or with the driver and avoid accidents.

3. CD/MP3 Receivers

With the advent of technology, new audio formats called mp3 has evolved. With clearer sound, music lovers salivate on crystal clear sounds. MP3 receivers make it possible for MP3 players to be played in the car sound system. This adds to the funk and luxury of the car. Moreover, the sound clarity of the songs makes even old cars sound and feel like new.

4. Amplifiers

As the name suggests, amplifiers enhance the output of the main speakers. It also makes sure that audio elements are highlighted. This gives the audio experience a better feel. Furthermore, amplifiers adds to the funk and grooviness of the car. Most importantly a car with an amplifier has added value in terms of its price.

5. 12-inch Subwoofers

Sub-woofers make the audio experience feel realistic because sounds that are not normally heard in regular music players are emphasized tenfold. Sub-woofers emphasize the bass element of an audio process. This gives additional suave to the music.

6. Speakers

Without the speakers you will not be able to hear the song or the audio of the movie clip you are experiencing. Though there are a lot of speaker types, it is important that you sell all types at all price level. Now that you know what products sell the most, your next step is to find a drop shipper. Happy hunting!

Friday, July 9, 2010

The Nuts and Bolts of Auto Law in Pennsylvania

AUTO ACCIDENT BASICS - WHO PAYS WHAT IN PENNSYLVANIA?

Navigating the insurance world after an auto accident can be very confusing. There are many questions revolving around who pays for injuries, medical bills and property damage. Understanding the nuts and bolts of auto accident law, ahead of time, can save considerable time and effort.

BODILY INJURY LIABILITY

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $15,000 of bodily injury liability coverage to pay for personal injuries to another driver, in the event of an accident. Drivers can elect higher amounts.

B. Who Pays?

Bodily injury coverage is based on fault and is available to the other driver in an auto accident. For example, Driver A causes an accident with Driver B, causing serious personal injuries to Driver B. Driver A's auto policy includes the state minimum-$15,000 of bodily injury liability coverage. Driver B can make a claim under Driver A's auto policy, for personal injuries, up to the $15,000 limit. However, Driver B may be limited in what he can recover, depending on whether he selected Full Tort or Limited Tort in his own auto policy.

C. How it Works?

In some instances, an injured driver can make a claim for bodily injury liability coverage against the other driver's insurance company without having to file a lawsuit. However, if that insurance company fails to offer fair and reasonable compensation, the injured driver may have to file a lawsuit against the other driver.

PROPERTY DAMAGE

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $5,000 of property damage coverage to pay for property damage to another driver, in the event of an accident. Drivers can elect higher amounts.

B. Who Pays?

This type of coverage is frequently misunderstood. It is not available to an insured driver, under his own policy. Rather, it is available to the other driver in an accident, and is based upon fault. In our example, Driver A causes an accident with Driver B. Driver B's car is totaled. Driver A has $10,000 of property damage coverage. Driver B can make a claim under Driver A's auto policy for the fair market value of the totaled car, up to $10,000. In this same example, let's assume Driver A's auto was damaged. Driver A cannot make a property damage claim under his own policy. Again, property damage coverage is only available to the other driver and is based on fault.

C. Collision and Comprehensive Coverage

Collision and comprehensive coverage are optional and cover different types of auto damage. Collision covers any damage caused by an auto accident less a deductible. Comprehensive coverage covers any non-accident damage, such as fire, theft, etc., less a deductible. A driver who has purchased these types of coverage can make a claim under their own auto policy. Using the same example, Driver A-who caused the accident, can make a claim for repair to his auto, if and only if he has collision coverage. If Driver A did not purchase collision coverage, he would be responsible for the repairs.

D. How it Works

If an innocent driver's auto is damaged in an accident caused by another driver, a property damage claim can be made directly to the other driver's auto insurance company. So long as the accident is clearly the other driver's fault, this is usually the easiest way to make a property damage claim. If the innocent driver has collision coverage under his own auto policy, then a property damage claim can be made with his own auto insurance company. However, the deductible would be subtracted from the total amount recovered. Then, because the accident was the other driver's fault, the innocent driver's own auto insurance company should obtain the deductible from the other driver's auto insurance company. That deductible should eventually make its way back to the innocent driver.

Again, using our example, Driver A is at fault for an accident with Driver B. Driver B has collision coverage with a standard $500 deductible. Driver B has a choice to make a claim with Driver A's insurance company or his own insurance company. If he makes the claim with his own insurance company, he would receive the fair market value of his totaled auto less the $500 deductible. His insurance company would then seek reimbursement from Driver A's auto insurance company for the fair market value and the deductible. At some point, Driver B should receive the $500 deductible back from his own insurance company-because the accident was Driver A's fault.

A property damage claim is usually made without having to resort to a lawsuit. Incidentals such as rental car costs and towing/storage, are immediately compensable if the innocent driver has purchased such coverage under his own policy. Otherwise, they will become out of pocket expenses in a subsequent personal injury lawsuit against the other driver.

MEDICAL BENEFITS

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $5,000 of medical coverage to pay for medical bills incurred in an auto accident. Drivers can elect higher amounts up to $1,000,000.

B. Who Pays?

Many states including Pennsylvania are "No Fault"-meaning that regardless of whose fault the accident was, a driver can make a medical benefits claim under their own auto insurance policy, up to the amount of medical benefit coverage purchased.

Using our example, Driver A causes an accident with Driver B. Both drivers have insurance policies with medical benefits coverage. Let's assume that Driver A has $10,000 of medical benefits coverage and Driver B has the state minimum-$5,000. If both drivers are injured and require medical treatment, they would both make a claim under their respective policies. In this example, Driver A could make a claim for medical benefits up to $10,000 and Driver B could make a claim for medical benefits up to $5,000.
Also, the medical benefits coverage amount is per person, per accident. In other words, if a father and his minor son are injured in an accident, and the father has an auto policy with $5,000 medical benefits coverage, then both can receive up to $5,000 of that coverage. If the father or son gets into a subsequent accident, they would again be eligible for $5,000 of the same coverage.

C. How it Works

When making a claim for medical benefits, a driver may go to a doctor/provider of their choosing and should provide their auto policy claim number and auto insurance information. Under Pennsylvania law, once a driver provides this information to a medical provider, that medical provider is required to bill the auto insurance and cannot bill the driver directly. Once the auto insurance company receives bills from the medical providers, the amounts of the bills will be reduced in accordance with Act 6-an Amendment to Pennsylvania motor vehicle law made in 1990. Act 6 limits the amount that medical providers can recover for accident related medical bills. At some point, the amount of medical benefits under an auto policy may become exhausted and then the driver would use their own medical/health insurance to cover any remaining bills.

D. Priority of Coverage

When a person is injured in an accident, there can be more than one source of medical benefits. Under Pennsylvania law, there is an order of coverage, known as "priority of coverage". The first level is an auto policy in which the injured person is a "named insured"- that generally means an auto policy purchased by the injured person. The second level is an auto policy in which the injured person is "insured". This generally refers to an auto policy purchased by the injured person's spouse, parent or relative residing in the same household.

The third level applies when the injured person does not own an auto policy and is not covered as an insured under any auto policy. This third level is an auto policy covering the auto that the injured person was riding in when the accident occurred. Finally, the fourth level applies to injured persons who are pedestrians or bicyclists. This fourth level is any auto policy involved in the accident. In some situations, more than one policy may apply-and the first auto insurance policy to get billed will be responsible up to the applicable medical benefits amount. That insurance company can then, seek reimbursement from the other insurance company. Also, if a person is injured in an auto accident during their employment, workers' compensation coverage is the primary source of medical benefits coverage.

F. Persons Who Do Not Qualify for Medical Benefits

Under Pennsylvania law, certain classes of drivers do not qualify for medical benefits, even though they have purchased auto policies. They include motorcycle drivers, snowmobile, motorized bike, and four wheeler operators. Also, the owner of a registered auto who fails to purchase auto insurance cannot make a claim for medical benefits. For example, a person may own a registered car, but then fails to obtain insurance for it. If that person becomes injured while a passenger in a friend's car, they cannot make a claim for medical benefits under the friend's auto policy. These classes of drivers must use their own medical/health insurance to pay for any medical bills incurred as a result of an accident.

For more information visit http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-car-accident-attorney-pennsylvania-truck-wreck-lawyer.cfm

Wednesday, July 7, 2010

How to Get Pennsylvania Adult Criminal Records Expunged or Erased

A criminal record can have a very serious negative impact upon your life. It can hurt your reputation, lessen your earnings capacity, keep you from obtaining licenses or certifications in certain professions (for example, lawyer or teacher) or keep you from being employed at all. To the extent that you can, if you have such a record, you should have it expunged as soon as possible.

In Pennsylvania, to get adult criminal records expunged, the individual must file a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the expungement request should be granted.

With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

1. Arrest records that show no disposition took place after 18 months and the court of the proper jurisdiction certifies that no action is pending.

2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition) program.

Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.

In determining if the request for expungement should be granted, the court will take into consideration many factors. These include damage to the individual's reputation, his livelihood and future earnings capacity, the nature and gravity of the offense, the individual's prior criminal history and the state's interest in preserving the record to protect the public.

State law specifically prohibits the courts from expunging records, even though the offender has successfully complied with the terms of ARD where he or she had been charged with certain sexual assault or related offenses against victims under the age of 18.

The Court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History Information in Harrisburg, Pa. This agency will disseminate the order for expungement to all other agencies who have previously receive the information that is the subject of the order.

It is important to have complete and accurate criminal history information when filing your request. The Petition for and proposed Order of Expungement must contain by statute information such as the subject's name, date of birth, social security number, the offenses with which the subject was charged, the case's docket number, the offense tracking number and the disposition of the case. If this information is not contained in the Petition, the court will dismiss it.

Tuesday, July 6, 2010

Dropship Mysteries - What is a Niche?

Since commerce first began it has been apparent that selling your products or services meant advertising them - not just anywhere, but in the most appropriate places.

This means knowing the lifestyles of the people who can benefit from your product or service and where you're likely to find them. This is considered as a niche or niche market.

A niche merely means a small section within a market.

One example may be men's running shoes which is a sector of the market for shoes.

A niche focuses on people with a particular hobby, those who live in a certain geographical area, or those of a specific culture.

Having a product that appeals to sector within a market enables a business to better serve its desires or needs.

Niches in ecommerce

Niches play a critical part in business, regardless of if they're supplied by dropship suppliers or other more traditional forms of supply chain management.

Companies must advertise of their products or services in places as TV commercials, magazines, or newspapers where customers are likely to find them.

For example, beer commercials are aired during football games, toys or cereals for children are advertised when cartoons are shown, and ads for computer systems are placed in computer magazines.

Hence, advertising children's cereal during a baseball game would be fruitless for the cereal producer.

Choosing a niche

The best kind of niche should relate to a personal hobby or work experience you have.

The more knowledge and interest you have in this area, the better equipped you will be in meeting customers' needs.

Entrepreneurs are likely to choose a niche within a career field they've worked in.

For instance, a general practice lawyer may want to open his own firm serving those with divorce cases.

There are countless numbers of niches that serve our world's marketplace today.

Computer software can be broken down into several niches as accounting, video games, music, educational, etc.

The shoe market includes niches as men's, women's, walking, running, therapeutic shoes, sandals, and so on.

Hygiene products can be categorized as cosmetics, perfumes, deodorants, shampoos, and soaps for both men and women.

Even things like cell phones can be broken down into cell phone watches, accessories, carrying cases, simple phones and smart phones amongst others.

Know your competitors

To be successful, you must have a cutting edge on your competition.

You must find out who sells what you want to sell, find out what area they serve, and sample the quality of their products or services by buying from them at least once.

Then think up ways you can make your goods better than theirs or even offer things they don't.

So, if you want to repair bicycles, find out where other bicycle repair shops in your hometown are and see what services they offer.

You may offer services as repainting, adding accessories as lights or locks, or free delivery and pick up of bikes near your shop.

Credentials and references help service-oriented businesses.

If you have a license or certificate, make it known to customers. Have references of past customers a prospect can call to share the satisfaction of your service.

Monday, July 5, 2010

Car Accident Attorneys and Their Benefits to You

While being involved in a car accident is horrible enough, sometime the worst part about the whole situation is dealing with all of the legal headaches afterwards. In order to make this as easy and smooth as possible, find a reputable attorney who specializes in handling cases involving a road traffic accident claim or a motorcycle accident claim. These lawyers are adept at making sure you are duly compensated for your injuries both physical and mental. You can never go wrong with a qualified attorney in your corner.

A car accident compensation claim lawyer is knowledgeable with all of the most important aspects of personal injury cases, no matter what the circumstance may be. A road traffic accident claim can help you recover lost wages, medical expenses, a wrongful death, product liability, property and other damages. A really savvy and experience attorney can even make sure your immediate family has some of their expenses covered in relation to any costs incurred from their loved one's accident. This would range from loss of companionship and future income to pain and suffering. The attorney you choose to handle your motorcycle accident claim will know every aspect of the law in your situation.

The attorney handling your road traffic accident claim will do everything in their power to represent your best interests. This also involves communications between the judge, the defendant's team and insurance companies. It is also a good thing to have someone there who can help explain you through some of the more confusing processes leading up to the trial, as well as what you can expect at each step of the trial. The knowledge and experience of a motorcycle accident claim is an invaluable service to have.

If your car accident compensation claim is successful and you receive a financial offer from guilty party or insurance company, it is your attorney's job to advise you whether or not that sum offered is suitable in comparison to your damages. An experienced attorney basically consults at every step of the process to help you determine the acceptability of the offer so that your claim is settled at a decision you can live with. If the offer is too low for your damages, then your attorney will work as hard as possible to make sure you receive a better settlement. There is nothing wrong with protecting your rights and making sure you receive what you have coming to you in a road traffic accident claim.

Sunday, July 4, 2010

Pennsylvania Medical Negligence Lawyer

Need a Pennsylvania Medical negligence lawyer? This malpractice is something that occurs all too often in today's society, and many people suffer as a result of this negligence This is a term that covers a wide range of negligent acts in the medical field, and it doesn't just apply to doctors and nurses but also to other professionals such as dentists, midwives, and opticians. With alawyer from Pennsylvania residents can ensure that they receive both justice and damages for any injury or harm they come to as a result of this negligence and every year many people successfully claim huge compensation settlements as a result of carelessness.

By finding an experienced and qualified attorney residents can increase their chances of claiming for expenses, pain, and injury caused through negligence Unfortunately some people are also killed as a result of medical negligence and with the help of a good lawyer residents that have lost a loved one through this negligence can also file a successful claim for damages. Your lawyer will be able to put together a solid lawsuit to prove negligence and to get you as much in the way of financial compensation as possible.

There are many different scenarios that can come under the umbrella of negligence and an experienced lawyer will have already dealt with many or perhaps all of these. They can include wrong site surgery, misdiagnosis, prescribing the wrong medication, refusing to treat a patient, inappropriate treatment, and various other negligent acts. It can be difficult to prove neglect in some cases, which is why it can be so vital that you have a legal expert with experience and specialist knowledge to help you with your case.

Although it can be expensive to hire a medical negligence lawyer Pennsylvania residents will find that it is also necessary in order to prove many cases of law suites finances can be a big problem for many people though, and this is where a prepaid legal services plan can prove invaluable. With a prepaid plan you don't have to find an unexpected lump sum for legal assistance - you simply pay a small monthly premium and you can benefit from advice and assistance from an experienced and skilled lawyer.

Saturday, July 3, 2010

Can You Stop a Divorce When Everything Seems Hopeless? Yes, You Can, Just Like I Did! Read This!

Maintaining a marriage is by no means something easy to accomplish. After all, when two completely different people with completely different likes and dislikes live under one roof; there are going to be a lot of problems. If you can get past your differences, it can be the best experience both of you could ever live. But, like I said, it's not an easy task. And we have a divorce rate that can go upwards of 80% in some states - so yes, things can get a bit tough! But do not lose hope, because it's in your hands to repair your marriage.

I have been taught (from the same source that saved my marriage) that the biggest marriage killers are not the fights, or not even the fundamental differences; but they are things one side does to "save" the marriage when they don't want a divorce. And come to think of it - it couldn't be more correct. Usually, when one side tries to "save" a marriage, they will cry, beg and plead to their spouses in hopes of a reunion out of "pity".

Now stop there a minute - would you really be OK with it if you knew that your spouse was with you just out of pity? Speaking of personal experience - I didn't care. I just wanted to save my marriage and I didn't care how - so yes, I did those begging, pleading, crying thing too. And what did it accomplish? Nothing. In fact, it made everything worse - when you're "heavily apologizing" to your spouse; he or she will realize that you are doing this in order to save your marriage, not because you have really understood your mistakes. And this will really ruin your credibility and make everything worse.

The correct thing to do is to first do away with the "desperate" stuff like those. These will only make you look pathetic and no one wants a pathetic spouse. You have to show your spouse that you are an independent individual, not someone who's so easy to have - don't forget, people want what they can't have!

Friday, July 2, 2010

Wage Attachment in Pennsylvania

Can my wages be attached for a credit card debt in Pennsylvania? By far, this is the number one question that I receive at my office. To cut right to it, the answer is an emphatic NO!

Pennsylvania is one of four states that do not allow wage attachment (typically called a garnishment) for simple debt owed to a creditor. (North Carolina, South Carolina and Texas are the others).

In Pennsylvania, wage attachment can only occur in very limited circumstances. Among those are
1) judgments for child or spousal support;
2) obligations relating to a final divorce distribution;
3) back rent on a residential lease;
4) as restitution for criminal matters;
5) for certain types of taxes.

As you can see, there are very limited circumstances under which PA allows wage garnishment to occur, and credit card debt is not one of them.

The reason that I get this question so much is because many debt collectors use wage attachment as a threat. I would imagine that it is a very powerful threat, the thought of having my wages garnished is very troubling. To a person who is not educated in the law, the threat must be even more troublesome.

Let's talk about wage garnishment a bit to see exactly what it is and why debt collectors make such a threat. A garnishment is an act whereby money or property that is owed to the Debtor (the defendant in the credit card lawsuit) or that is being held by someone (the Garnishee) for the Debtor, is taken to pay a Judgment. Therefore, wage garnishment would be where the judgment creditor directs the garnishee to hold funds (pay, commission or wages) that are owed to the Debtor and give them to the judgment creditor. Again, to be clear, there is no wage garnishment or wage attachment in Pennsylvania for credit card debt.

Unfortunately, debt collectors still make this threat on a very regular basis, even though wage garnishment cannot occur in PA. They use this threat as a scare tactic and their reasoning is two-fold. The first reason is obvious, they want the money. Most collectors work on a contingent or bonus basis. That means that they get paid a percentage of what they collect, or, they have quotas that they have to meet to get paid. The second reason is that they know that most people are not educated in the law and that most people simply want the issue to go away.

To make a threat of wage garnishment in PA is illegal. There is a federal law called the Fair Debt Collection Practices Act (FDCPA) that provides protections to consumers/debtors. This law makes it illegal for debt collectors to make a threat that they cannot carry out. Since wage attachment or garnishment cannot occur in PA, making a threat to do so is illegal.

If you are a debtor in Pennsylvania and a wage garnishment threat is made against you, contact a consumer attorney right away. You will have the ability to bring a claim against that debt collector and it will not cost you a penny! The FDCPA has a provision in it whereby the debt collector is responsible for your attorney fees if there is a debt collection violation. In that regard, any knowledgeable consumer attorney will take on your case without taking a retainer (an up front payment).

Remember, only in the very limited circumstances delineated above can there be a wage attachment in Pennsylvania. Credit card debt is not one of the listed circumstances.

Thursday, July 1, 2010

Car Seats are Dangerous When Used Outside the Car According to Study

These new systems have caused thousands of injuries, according to a study done by pediatric orthopedist Shital Parikh. The results of this study were revealed in Washington at the American Academic of Pediatrics annual conference.

Many injuries occur every year due to car seats being placed on top of counters, tables and beds. In fact, every year over 8,700 infants are into he emergency room for treatment because of accidents that occur because of these restraints being used outside of the car. Many times, the infants are not buckled in properly and fall out of the seat. When placed on soft surfaces like beds, the risk of the seat falling over places infants at great danger of suffocation.

About half of the injuries that occur are inside the home. Head injuries, and fractures to the arms and legs account for the majority of these injuries. Between 2003 and 2007, according to the study, three babies died due to improper use of these car seats, with about 680 babies requiring hospital treatment. Parents need to be more informed about the risks associated with using them outside of their cars. They should always be placed on a hard, flat surface where there is less danger of the seat toppling over.

As odd as it sounds, a new condition called "container syndrome" is now being observed by the American Physical Therapy Association. This condition is caused when infants spend an excessive amount of time buckled into a car seat. This can cause their muscles to weaken, and their heads often get misshapen and flat due to spending so much time placed on their backs. Experts believe that car seats are best used only when traveling to prevent the dangers that can occur.

Placing babies in a car seat that is properly installed while traveling can reduce the risk of fatalities by as much as 75%, and California defective car seat lawyers know that these seats spare many babies from serious injury. The secret to increasing safety is to insure that the car seat is installed properly, so that risk of injuries is not actually increased.