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Pennsylvania Civil Litigation Questions & Answers
1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Civil Litigation for Pennsylvania on
Q: In Pennsylvania..if I'm only one on deed but another person on mortgage can I sell the house?

The mortgage payments have been getting paid I just want to get away from the person and rid of house ..

David Kennedy Bifulco Esq.
PREMIUM
David Kennedy Bifulco Esq. PRO label
answered on Feb 27, 2023

Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.

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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: After obtaining a winning judgement in a civil case in PA, can I get a lawyer then and add those fees to the judgement?

I recently sued my landlord in small claims court in PA for double my security deposit and won because they didn't even bother to respond to the case. I'm currently waiting for 30 day appeal period to end and as I've been preparing for any possibile appeal or learning how to collect... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Feb 22, 2023

Unfortunately, the amount of the judgement can’t be increased after the judgement has been issued even if it costs you to collect the judgement.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Car Accidents and Civil Litigation for Pennsylvania on
Q: Good Morning, I would like to know about the compensation that i was awarded previously
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. This sounds like something your attorney would know best if you were represented in the case. You could call your attorney's office and check with them. Also, if you have a folder with closing documents... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... Read more »

3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.

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1 Answer | Asked in Personal Injury and Civil Litigation for Pennsylvania on
Q: I hired a lawyer and he submitted all my documents late and we lost. What can I do?

Long story short, I tried to answer a complaint filed towards me by myself but apparently I didn’t answer it correctly. So I had 20 days to submit an amended answer and I hired a lawyer. Many lawyers said they couldn’t get the answer in in time so I didn’t hire them. One firm said they could... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. In terms of your question about what you can do, one option is to review the file with an attorney. It would be difficult for any attorney to offer more detailed insight than that without seeing the file and... Read more »

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Pennsylvania: Can a landlord force you to sign a new lease after signing the lease renewal request three months earlier?

I signed a lease renewal request form in November that obligated me to the prior lease agreement. The lease renewal was for 24 months with "all other lease terms will remain the same." This month, my landlord sent me a new lease and stated that I must sign it with the addendums. The new... Read more »

Nellie T Schulz
Nellie T Schulz
answered on Mar 2, 2022

It may sound as though the lease renewal request document limits the changes that could be made to the actual lease renewal, however, a definitive answer can’t be given unless the existing lease, the lease renewal request, the proposed new lease, and any interim correspondence between you and the... Read more »

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1 Answer | Asked in Civil Litigation and Land Use & Zoning for Pennsylvania on
Q: Selling my house. Neighbor recently built on my right of way

I did file suit against township. Was told it’s a civil matter. They do no have enforcement

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

You need to file suit against the neighbor. They can't build on your property. You need to survey it, then you can say it's truly on your line.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: my mother in law lived on our property for free and is now suing us for the deed. Does she have a case?
Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

You need to hire an attorney. This isn't d.i.y., and a good attorney can hopefully get it dismissed.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: We bought a house and sign Wednesday. There was previous tenants with no lease but junk everywhere? What can we do?

We are purchasing a property on Wednesday. The previous tenants were friends of the owner but had a falling out. There was no written agreement and they have moved everything in the house out but still have old junk cars and tires everywhere. When we sign on Wednesday do we consume ownership of... Read more »

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

You can decide not to go through with the sale if your agreement of sale says the seller has to get rid of stuff. Or you can ask for an adjustment in price because you have to get someone to haul off the cars. You need to have the seller state that he has notified them and accepts any claim the... Read more »

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'm suing a corporation. How long do they have to hire an attorney?

PA Common Pleas Court requires that a corporation has to be represented by a legal counselor. I just ended my Discovery time and now we are into their discovery time. Since an attorney is required by the law to represent a corporation, the owner of the corporation can't request anything from... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The corporation as a defendant has a right to request things from you. If you think those are beyond the scope of discovery, then object or file a motion for a protective order. At that time you can bring up to the judge that the corporation (if it's not a partnership) should have an attorney.... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Pennsylvania on
Q: How can I be granted emancipation as a pregnant minor under 18?

If I am pregnant and just under the age 16 can a marriage license be granted by a judge if me and my partner are financially stable, have transportation, and a house?

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

Depends on the age of the partner. A judge may grant a marriage license but it has to be shown to be in your best interests and the parents need to consent.

https://www.inquirer.com/philly/news/child-marriage-laws-age-requirements-pennsylvania-metoo-20181005.html

1 Answer | Asked in Arbitration / Mediation Law, Car Accidents and Civil Litigation for Pennsylvania on
Q: Is there a time limit to be served in PA.

I received a Court of Common Pleas Civil Cover Sheet today with the complaint from attorney attached. (Arbitration Matter) for my car causing damage to a building on Aug 13 2018. Paperwork is stamped Aug 11 2020. I received this notice from a sheriff today. I know they are within the 2 year statue... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

This is what you pay car insurance for. Notify the adjuster of the company who insured you back then. Get their address, fax, claim number; fax them a copy and send them a hard copy, certified return receipt. They should give you an attorney and they will file what are called preliminary... Read more »

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 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 »

Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I need to know if I can sue for emotional distress with a small claims lawsuit.

My ex and I split up and there were pfas involved. He had all of my belongings in his house as I had lived with him. He finally put my things in a storage unit but only gave back what he wanted to give. I am opening a small claims law suit and have receipts for almost everything except for what was... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 22, 2021

You can seek emotional distress damages, however you must be able to prove it and show that it is a recoverable damage. Seeking emotional distress damages based on having to start over and buy things that you already bought may not legally be a recoverable damage and/or a a cause of action. You... Read more »

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