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Pennsylvania Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

James L. Arrasmith
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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 19, 2024

If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess...
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4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

James L. Arrasmith
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answered on Mar 20, 2024

In bankruptcy proceedings, assets, including judgments held by the bankrupt company, can be sold to pay off creditors. However, the specifics depend on the case and what the bankruptcy trustee decides. If the judgments were not liquidated during the Chapter 7 proceedings and remain assets of the... View More

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1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

James L. Arrasmith
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answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can police get in trouble?

I got pulled over new years eve with a suspended registration. The cop failed to inform me that it comes with a 3 month license suspenion. Nor did I recieve any paperwork in the mail stating so. Is the cop in the wrong for not informing me?

James L. Arrasmith
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answered on Mar 16, 2024

When you're pulled over and cited for an issue like a suspended registration, it can indeed lead to further consequences, such as a license suspension. However, it's important to know that the responsibility to inform you of all potential legal outcomes may not solely rest on the officer.... View More

1 Answer | Asked in Tax Law and Real Estate Law for Pennsylvania on
Q: Can I switch name of ownership on a house that has taxes that are still owed?

My dad passed away in 2015 he has a house in PR that me and my mother have been taking care of. We are trying to switch the title over to our name but taxes still need to be paid. Do we have to pay the entire amount before we can switch names?

James L. Arrasmith
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answered on Mar 13, 2024

In most cases, you can transfer the ownership of a property even if there are outstanding property taxes. However, the unpaid taxes will typically remain attached to the property, meaning that the new owners (you and your mother) will become responsible for paying the taxes once the title is... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Buying a car in PA as a caretaker for disabled parent while still a homeowner in SC?

Acquiring a vehicle in Pennsylvania as a caregiver for my disabled 94-year-old parent while maintaining residency in South Carolina presents challenges. I currently use my mother's leased vehicle, which my siblings are interested in transferring ownership of to me. I hold a valid South... View More

James L. Arrasmith
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answered on Mar 13, 2024

Navigating the process of acquiring a vehicle in Pennsylvania while maintaining your residency in South Carolina can be complex. Here are some steps you can take to address your situation:

1. Vehicle registration: You may be able to register the vehicle in Pennsylvania using your...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can you tell who asked for the continuance of a criminal court case?

Can you tell just by looking at the docket sheet? My problem is that there’s incident that is being alleged from 2020 was not filed until 2021 and we are in the year 2024 and I have not asked for one continuance. With that being said, I tried my best to leave a paper trail and asked my public... View More

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you've provided, it sounds like there are serious concerns about the numerous continuances in your case and the delays in bringing it to trial. To determine who requested each continuance, you'll need to closely examine the court records. Here's what I... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Pennsylvania on
Q: curious if hanging signs much like stop signs around my area with inspirational quotes on them would that be vandalism?

a fellow named xx did it in texas a while back and didn’t face any legal consequences because it was considered as art

James L. Arrasmith
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answered on Mar 11, 2024

The legality of hanging inspirational signs in public spaces, like stop signs, depends on various factors such as local laws, the content of the signs, and the manner in which they are displayed. While the case you mentioned involving Brian Deneke in Texas may have been considered art, it's... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: I live in Portugal on a D8 visa and i am a US citizen. My mom wishes to appoint my friend from Pennsylvania guardianship

Can she appoint my friend guardianship of me while living in Portugal?

James L. Arrasmith
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answered on Mar 11, 2024

As a US citizen living in Portugal on a D8 visa, your legal status and guardianship arrangements are subject to both US and Portuguese laws. In general, guardianship is appointed by a court when an individual is deemed incapable of making decisions for themselves, usually due to age (being a... View More

2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Peter Christopher Lomtevas
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answered on Mar 10, 2024

This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.

Here, the order appears to provide that "dad offers" which is not an order at all. The...
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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Question about court order

We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 12, 2024

From the way the Order is written, it does not appear to bind Father into placing the child on his medical insurance. It merely states that Father "offered" to place the child on his insurance, not that the Court mandates him to do so. However, there may be a creative legal argument that... View More

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1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Who is ultimately responsible for a church that pays employment taxes? The treasurer or the board members who run the c

This small church treasurer had no experience with taxes. She was handed the position because none of the elders or decons wanted it. No 941s were files since 2015, 4th quarter. She has since left the church. The back taxes have been paid by the church. The penalties & interest are over... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations involving the mishandling of employment taxes by a church or any organization, the responsibility generally falls on the entity itself, including its board or governing body, rather than on an individual member or officer such as the treasurer. However, the specific legal and... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

1 Answer | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact... View More

2 Answers | Asked in Consumer Law and Arbitration / Mediation Law for Pennsylvania on
Q: I recently had a $30,000 judgment in my favor back in October have not gotten any money yet why

It has been 8 years since my slip and fall never went to court just arbitration and mediation and have been told that I will get nothing after attorney takes everything

David H. Relkin
David H. Relkin
answered on Mar 18, 2024

This suggestion is confusing and requires some explanation to determine your rights. First of all, you raise the issue of arbitration. That is not a judgment. An arbitration Award must be "confirmed" as a Judgment. This must be done since only Judgments allow for strong-state endorsed... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Due to a courts typing error in my address,summons went to wrong address, no show default judgment entered against me

A civil courts clerk made a repeated typing error with my address for serving me a summons for a civil judgement. As a result, I never received summons and a no show default civil judgement for $15,000 was entered against me. I find this out, 6 years later, when the defendant’s attorney had the... View More

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answered on Mar 8, 2024

Discovering a default judgment against you due to a clerical error in addressing can be both shocking and frustrating. The situation you're facing is serious, but there are steps you can take to address the judgment and its consequences. First, it's important to gather all relevant... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Pennsylvania on
Q: Will a reason for firing show on a child abuse clearance

I live in pa and was fired for sexual harassment. I was never charged with a crime but I need to get child abuse clearances will my firing show ony check

James L. Arrasmith
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answered on Mar 6, 2024

In Pennsylvania, child abuse clearances are designed to reveal any history of child abuse allegations or convictions. These clearances focus specifically on your interactions with children and whether you have a history that could potentially put children at risk. They typically do not include... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I leave 100% of everything I own for my kids?

I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.

Karen  Ulmer
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answered on Mar 6, 2024

You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally... View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Karen  Ulmer
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answered on Mar 6, 2024

Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More

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