Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Questions & Answers
1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'll have a default judgement filed against me. Are they allowed to attach my bank account? I live in Pa.
Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Yes but they have to get a writ of execution. You need to repoen the default and show you have a defense.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Is it legal for universities to require the vaccine? Or wear a mask and get tested twice a week if you don’t?

My university is basically saying get vaccinated or get tested twice a week AND wear a mask on campus if you want to attend in person classes. I feel as if this is not fair and it is might right to have the choice of wearing a mask/getting vaccinated. Especially since I am paying for the education... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Recent decisions suggest it is. They are doing this for other students. Just as if they had gas fumes they would have a duty to control them. The "studies" you refer to, if they aren't from a peer reviewed medical journal, they hold no weight in Court. Or you can attend mask free,... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for Pennsylvania on
Q: I was pulled over by a PA trooper for leaving the road....what will my citation be in the mail? Will I get one?

He asked me if I was aware how far off the road I was. To my knowledge I wasn't off the road at all. I sneezed a big one though and might have left the road for a second. He took my license and registration, looked briefly at my registration and then went back to his car. Came back and ask me... Read more »

Ellis B. Klein
Ellis B. Klein answered on Jun 19, 2021

Sounds like you will be getting a ticket in the mail. Call a lawyer when you get it and make sure you research whether you will get points.

View More Answers

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: +JMJ+ Do I have access to my property which is on a private road and the road goes through 8 properties before mine if

...the second property's deed says "The road leading into and past the tract herein conveyed is subject to use by grantees, their heirs, assigns and of the general public" but 6 of the properties don't mention anything about the road and the 8th property's deed says... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

You are going to need a competent attorney to conduct several title searches to see if any of the properties are encumbered or benefited by an express easement. You may have an easement by prescription only, or not at all. And it sounds like the "8th" property only recites being a... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: The judge decree a hearing for disputed facts regarding a petition to open the full judgment and then deny the petition?

I was granted a motion for extraordinary relief, extending time for me to petition to open a default judgment. The judge decreed that it would be a continuance followed by a hearing. Before the decreed hearing date, the judge issued an order denying my petition to open the default judgment despite... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You may be assuming that the hearing allows you to "fill in the gaps. " if you didn't put all that into your motion, with an affidavit, then the judge may have decided you didn't meet the requirements.

Or, you may not have stated why you didn't respond to the...
Read more »

1 Answer | Asked in Consumer Law for Pennsylvania on
Q: Gonna sue RCA

Will give more details later. Checking to see if this site asks for CC

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

If you decide to give an inkling as to your question, do mention what you mean by RCA--the initials have many meanings.

1 Answer | Asked in Car Accidents for Pennsylvania on
Q: Someone hit my car -police report. if her insurance doesn’t have collision coverage, My insurance can make Her pay me?

I have a police report, my insurance is going to contact her insurance, If She doesn’t have coverage, what can I do to make her pay?

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Please see my answer to the last question. Assuming she has no coverage, mention that to the police. They will cite her, and that may, miraculously, cause her to produce the "oh, I forgot about this...is this what you mean?" policy she didn't want to involve in her misadventure.... Read more »

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: dog got hit and killed
Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

I am sorry to hear that. However I don't see any facts or a question.

1 Answer | Asked in Health Care Law for Pennsylvania on
Q: I was in a hospital from 2am until 6am needing 22 stitches in my leg.. 11 dissolvable and 11 on the outside.

While I waited for my stitches (under the influence of alcohol), the nurse told me the doctor came in between 5-530 while I was sleeping and decided to let me sleep with the deep wound in my thigh. They told me they were extremely short staffed at the time.. I do admit I had some heated words with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Unlikely that it would be worth the cost of the case, but as members of the Pennsylvania Association for Justice like myself offer free consultations so that you may get informed advice, why not contacting them.

Your leaving however could end the story. Unless your wounds and bleeding...
Read more »

1 Answer | Asked in Adoption for Pennsylvania on
Q: My oldest son will be 16 and his biological dad was never involved since birth my fiancé wants to adopt can we do it

Since biological dad basically abandoned him can my fiancé adopt without biological dads consent

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

I think someone --or you--asked this earlier. Short answer is that you would need to petition the court to extinguish that parent's rights. You could possibly fold the adoption and the removal of parental rights and responsibilities at the same time. You need to consult a family law attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What happens when a default judgement is filed against me? I live in Pa.
Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

You have time to ask to reopen the default if you can show why you didn't respond to the notice of Default. If you do nothing, they can start execution.

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

2 Answers | Asked in Car Accidents for Pennsylvania on
Q: Car Accident, Someone hit my car from the back, can I make her pay me?

My Insurance is going to contact her insurance, but they told me that they have to find if She has coverage. I’m using my insurance, but I have a deductible of $500, can I make her pay everything that I spent? The police report shows that is her fault, what can I do if She doesn’t have coverage?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Q: "can I make her pay everything that I spent"

A: Depends whether what you spend is legally recoverable. You definitely would be entitled to your deductible. In almost all instances, you are entitled to towing from accident scene to your house and/or repair shop. You are...
Read more »

View More Answers

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does it mean when it says sentence confinement other
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 15, 2021

Depends on the context in which it is written. It may mean a variety things. It may mean an alternative confinement such as house arrest or work release. Or it may mean probation in some circumstances. Your best bet is to contact a local attorney who will have experiences with the dockets in... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: See why yes did find me on found it in this alleged allegation, but I still had criminal charges. What do I do next.

I just can't understand f c y s investigated if found it unfounded, but the police department saying that still charges. My understanding the same information that was given to c y s was giving to the police and I do understand the police has more resources just want to know what is my next... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 15, 2021

First, C & Y has a very different burden of proof than the police. Often times they come to different conclusions. Your attorney will be able to review their file to see if there are issues you can use in their defense. Because of the different standards it is not unusual for one agency to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Pennsylvania on
Q: Can you get a fire arm with a f3 child endangerment ?
Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

A person with a any felony conviction on the criminal history would be required to answer "yes" to the question about criminal convictions on the ATF form used when purchasing a firearm. This would preclude someone from buying, and would cause a failure to pass the PICS instant background check.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Do I have a felony?

I thought I got a 3rd degree felony when I was 19, a job I want just did a 20 yr background an it came back clean, yes the offense was in less then 20 yrs, no its not sealed or removed in anyway that im aware of. Its a 3rd degree felony criminal trespass I thought is it possible that I plead to... Read more »

Michael Ryan Seward
Michael Ryan Seward answered on Jun 12, 2021

If someone is convicted as an adult, the conviction will appear on a criminal history regardless of whether the plea was guilty or no contest.

If an offense happened before the age of 18, it may have been processed as a juvenile adjudication of delinquency, even if the case did not close...
Read more »

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Good day, I have a case management hearing and no representation, how likely is it I will be treated fairly for justice?

I was severally injured in a car malfunction due to Auto fraud and product liability. My former attorneys mishandled my case and no one will represent me. I am not giving up on justice. My life will never be the same, my health is getting worse as I suffer physically, emotionally and financially... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Proving malfunction cases is extremely difficult, and be prepared to spend $60,000 or more to obtain experts, have tests done.

It is not enough just to say it happened this way. You need experts to say it happened that way due to a defect in design, manufacture, or the failure of a part,...
Read more »

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Good day, I have a case management hearing and no representation, how likely is it I will be treated fairly for justice?

I was severally injured in a car malfunction due to Auto fraud and product liability. My former attorneys mishandled my case and no one will represent me. I am not giving up on justice. My life will never be the same, my health is getting worse as I suffer physically, emotionally and financially... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You will be treated fairly but no case is self proving. Do you have expert reports? You are required to. As the plaintiff it is your burden of proof.

Do you have a) medical reports and b) a report of a medical expert?

If you are claiming a product case, do you have deposition...
Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: I retired from US Post Office i get my Civil Pension Plan . Social Security tells me, i can not get my Social Security

benifits, is this correct?. And if so, is their away to at least get my money that i put in over all the years that i worked?

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depending on when you were hired, when you worked, what was taken out for what and paid where you may or may not get Social Security Retirement benefits of you may get them at a reduces level. Start by getting an explanation in writing from Social Security. Make sure you have your payroll records,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.