Recent Blog Posts in January 2010 |
| January 31, 2010 |
| Youngwood Man Charged in Check Fraud |
| Posted By Bompiani Law Group LLC |
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A Youngwood man is in Westmoreland County Prison on charges he used an ex-girlfriend's checks to defraud a local bank of more than $9,300.
Joseph A. Malago, 37, of 411 N. Fourth St., was arrested this week on two counts of theft and receiving stolen property, according to documents filed with Unity Township District Judge Michael Mahady.
County Detective Will Brown said that in January 2009, Malago deposited four checks from the woman's closed checking account into a savings account at Commercial National Bank & Trust in Unity. Malago then withdrew $9,300 and used $4,500 to purchase a vehicle, authorities said.
Malago's former girlfriend told police she was unaware of the scheme and "she was visibly upset that Malago would do this and implicate her in the theft of funds from the bank," according to court documents.
Malago was arraigned before Night Court District Judge Frank Pallone and held without bond after officials discovered Malago is wanted by authorities in Corpus Christi, Texas, on forgery and theft charges.
His preliminary hearing is scheduled for Feb. 12 before Mahady.
If you have been charged with a crime in Pennsylvania, contact
Bompiani Law Group, LLC now for a free consultation by calling (724) 925-9600.
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| January 30, 2010 |
| Attorney Bompiani Comments on Tragic Case Against School |
| Posted By Bompiani Law Group LLC |
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The parents of a Valley High School student who died in a
car wreck have sued the New Kensington-Arnold School District, alleging that school officials did nothing to stop their son from leaving early on the day of the crash.
Scott and Brenda Grau filed a federal
lawsuit asking for unspecified damages for the district's alleged failure to enforce rules and prevent their 17-year-old son, Colin, from walking out of school.
Colin Grau died when the car he was in collided with a pickup truck near Memorial Park on Route 366 on Jan. 21, 2009.
The driver of the car, Nicholas Masi, 18, and the driver of the truck, Paul Luzik, 41, were injured in the crash.
Classmates told Channel 4 Action News at the time of the crash that Grau and Masi left school early because their last class of the day was a study hall.
Attorney Charles Steele says Colin Grau could be alive today if the district had enforced a campus policy which forbade students to leave during the school day without permission.
The district was advised by legal counsel not to comment on the lawsuit Wednesday.
Channel 4 Action News asked
Anthony Bompiani, an independent attorney, about a possible defense.
"The first thing that came to my mind is governmental immunity, and what that is is a law that protects the school district and other governmental entities from liability,"
Bompiani said. "There are exceptions to the governmental immunity general rule."
Grau's family attorney says the federal lawsuit will prove what's called a state-created danger -- a school next to a highway that some consider to be dangerous with, according to the lawsuit, an estimated 88 vehicle collisions along Route 366 in a four-year period.
There is specific mention in the lawsuit of the district not providing busing next to the so-called "dangerous highway." Busing was started eight months after Colin Grau's death.
Valley Principal Jon Banko, Vice Principal Jeffrey Thimons and school directors are named in the lawsuit, which does not specify any damages being sought.
The Grau family attorney says the lawsuit isn't just about money, but also justice for their son and prevention of another student's death. |
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| January 29, 2010 |
| How Much Will Tiger's Divorce Cost? |
| Posted By Bompiani Law Group LLC |
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How Much Would Tiger's Divorce Cost?
Amid reports that his wife Elin Nordegren is consulting with a high-powered divorce attorney, Tiger Woods and his estimated net worth of $600 million - considered one of the biggest in professional sports, thanks in large part to sponsorship endorsements worth some $1 billion - is coming under scrutiny, should a divorce necessitate a need to divide his estate.
In addition to issues of
custody involving the couple's two children, Sam, 2, and Charlie, 10 months, other issues would include the location of the
divorce filing and what terms were specified in any prenuptial agreement.
Reports indicate that a prenuptial agreement was executed before Woods, 33, and Nordegren, 29, were married in Barbados in 2004.
However, prenuptial agreements are not always black and white. Specifically, a prenuptial agreement can be challenged on various issues including whether or not both parties fully disclosed all assets owned at the time of the execution of the agreement.
Tiger's admission of infidelity would likely not affect the agreement, unless the prenuptial agreement states otherwise. Thus, unless infidelity was addressed on the face of the agreement, Tiger's actions would not make the document unenforceable.
As residents of Florida, Woods and Nordegren would not be subject to California's 50-50 community property laws, though they did, in fact, live in the Western state earlier in their marriage. However, they have lived in Florida long enough to file there.
Much like Pennsylvania, Florida is an equitable distributions state, meaning that the property must be divided equitably based on various factors. Remember, equitably does not necessarily mean equally. Even though Tiger has made most of the money that makes up the estate, the law could distribute more to his wife if the court determines that she became accustomed to that life-style over the course of their marriage.
If you have any detailed questions regarding divorces in Pennsylvania, please
contact, L. Anthony
Bompiani, Esquire at (724) 925-9600.
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| January 22, 2010 |
| Do Grandparents Have Custody Rights in Pennsylvania? |
| Posted By L. Anthony Bompiani, Esquire |
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Pennsylvania law provides that the grandparents of a minor child do have legal standing to bring a
custody action against the parents of the minor child, but only in certain circumstances.
Specifically, a grandparent may be entitled to PARTIAL
CUSTODY AND VISITATION if the child has resided with his/her grandparents for a period of 12 months or more and is subsequently removed from the home by his/her parents. In that situation, the grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court then shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-child relationship.
Additionally, a court may award PHYSICAL AND LEGAL
CUSTODY to the grandparents, if it is in the best interest of the child not to be in the custody of either parent, and if it is in the best interest of the child to be in the custody of the grandparent. However, this only applies to a grandparent:
1. Who has a genuine care and concern for the child;
2. Whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and
3. Who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child, or who assumes the responsibility for a child who has been determined to be a dependent child (relating to juvenile matters), or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness.
This is a summary of the law in Pennsylvania regarding a grandparent's custody rights. If you have a detailed question regarding your particular situation, please
contact, L. Anthony
Bompiani, Esquire at (724) 925-9600.
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| January 15, 2010 |
| Westmoreland Bar Association Takes a Technological Step Forward... |
| Posted By Michael V. Quatrini, Esquire, and L. Anthony Bompiani, Esquire |
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On the heels of the new WBA website, the WBA Technology Committee is excited to formally announce the launch of the WBA Blog.
The term "blog" (sometimes referred to as a "blawg" in the legal world) is short for "web log." In its most simple form, a blog is an online space, authored by one or more people, with regular entries or "posts." These posts can include articles, observations, invitations to events, and other material, such as photos or videos.
The WBA Blog was quietly started in early 2008 as a casual information space for members of the bar. Since then, the Blog has collected legal and somewhat legal-related content of all shapes and sizes.
Regular posts include articles from law-related websites, technology tips, legislative alerts, and reminders for WBA events. Comment sections, supervised by Blog authors L. Anthony Bompiani and Michael V. Quatrini, offer readers a space for observations on each particular article. The Blog archives each post under a specific topic so users can easily research past articles. Readers can also set up direct delivery of the Blog to their Microsoft Outlook or Internet Explorer homepage.
The new online space gives the WBA a heightened online presence and provides a new level of information and interaction. |
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| January 15, 2010 |
| Steps To Take If You Are Hurt In An Auto Accident |
| Posted By Bompiani Law Group LLC |
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1. Stay Calm and Protect Yourself. Stop to protect your passengers and car. Call an ambulance for any injured party, if required. Set flares if you carry them, and do not leave the scene of the accident.
2. Exchange Information. Do not discuss the accident
with anyone or blame anyone, including yourself. Exchange only your
license, registration and motor vehicle identification card.
3. Get the Facts. Take
down the name, address, operator's license number, date of birth, sex,
state of license and the phone number of the other driver. Also, write
down the name, address, and the insurance company of the owner and
driver of the other car involved. The driver may not be the owner of
the car.
4. Injured Parties. Seek
information from police for all injured parties involved including
passengers. Take down the names, addresses, dates of birth, sex, and
extent of injuries.
5. Witnesses. Be sure to write down the names, addresses, and phone numbers of any people who saw the accident but were not involved in it.
6. Damages. Note
the make, body type, year, and license number of all other vehicles
involved. Also make note of the other vehicle. Be sure to get
photographs of any damage to your vehicle, and any injuries sustained that are visible.
7. Draw a Diagram. Make
a note below the diagram of the date and time of the accident. Write
down the location including the street, intersection, or any landmarks.
8. Report the Accident. It is extremely important to report the accident to your insurance broker or agent immediately. If the accident involves a death or injury, report it without delay to the police department. (Click here for an explanation of wrongful death and survival damages) Obtain a copy of their report within 24 hours.
Should you have any further questions regarding auto accidents, contact L. Anthony Bompiani, Esquire at (724) 925-9600.
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| January 12, 2010 |
| Homeowners Can Be Liable For Slips, Falls on Snow |
| Posted By Bompiani Law Group LLC |
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How much time do Pennsylvanians have to clear their sidewalks of snow
before someone who slips and falls can hold them responsible?
"Generally in Pennsylvania, as a homeowner, you are responsible to keep
your property safe, but you are afforded a reasonable amount of time to
clear the snow and ice," lawyer Anthony Bompiani said.
Video:  Homeowners Can Be Liable For Slips, Falls On Snow
"If it wasn't like that in Pennsylvania, you'd be expected every time a
snowflake drops to run out and shovel and salt. That's not the case."
Pittsburgh
attorneys told Channel 4 Action News that each community has its own
ordinance, but in most cases, it's 24 hours after the last flake falls.
"If
it gets to the point where the snow has the opportunity to melt and
then refreeze, that's where you are going to be looking at some
damage," Bompiani said.
Businesses are held to a higher standard because they invite people on their property.
That's a sensitive subject for lawyer Mike Stewart, who owns several rental properties and the building where he practices law.
"The
people who are coming to see us -- they're business invitees, we've
invited them to come on to our property, so we do have the higher
standard," Stewart said. "I've got some individuals out there very
early in the morning, making sure we stay ahead of any accumulation of
snow and make sure we address things like ice as best we can."
Injuries
from slipping and falling are sometimes covered by insurance, but
Stewart and Bompiani said that if something does occur, you should
never just rely on insurance to pay for damages because there is
usually an out-of-pocket deductible and your premium could go up.
"If you don't want to be sued, you need to be proactive," Bompiani said. "You need to stay ahead of the game."
If you have been injured due to a slip and fall, contact L. Anthony Bompiani, Esquire for help at (724) 925-9600. |
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| January 08, 2010 |
| A Friendly Divorce Alternative? |
| Posted By L. Anthony Bompiani, Esquire |
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The following article was written by Mark Schlueb of The Orlando Sentinel:
You’ve heard of happily married, but is it possible to have a happy divorce?
A
growing number of lawyers - including some who’ve spent careers
brawling in divorce court - say yes. They’re disciples of
“collaborative divorce,” which tries to bring civility and cooperation
to the traditionally bitter battle over the kids, family home and
Grandma’s silver.
Rather
than each spouse paying a pit-bull attorney to spar in court, they and
both attorneys agree to work out an amicable divorce that both sides
can be happy with. Along the way, they receive guidance from a neutral
mental-health professional and financial adviser.
Collaborative
law’s converts say it can be faster, less divisive and cheaper than a
traditional divorce. And because the parties may never step into a
courtroom until final paperwork is filed, it’s more private - probably
the reason celebrities such as Roy Disney and Robin Williams chose it.
“It’s
so much better for clients and their families. In my experience it
reduces the costs significantly, and the results are better,” Orlando
attorney Richard West said.
In
the collaborative process, husbands and wives have their own lawyers,
but they’re there to provide legal advice, not extract a pound of flesh
from the other side. The parties and the lawyers sign an agreement at
the outset to share all information.
The divorcing couple is
free to back out if talks fail, but then they have to get new lawyers.
That’s because the attorneys agree to drop out if the collaborative
process fails - a way to make sure they work hard to come up with a
fair agreement.
Click here to read the entire article written by Mr. Schlueb.
Should
you have any further questions regarding divorce law and/or
collaborative law in Pennsylvania, contact L. Anthony Bompiani, Esquire
at (724) 925-9600. |
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