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Pennsylvania Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Real Estate Law for Pennsylvania on
Q: Im trying to write a motion to stay until my appeal at the superior court happens i cant figure out how to find caselaws

Additional info is I'm way in over my head & can't find 1 person to help me. I've lost my home & I'm trying to get back in it. I'm sure I wrote my appeal wrong too.the other side filed a motion, said they told me but didnt. They sent email to a email that was never... View More

1 Answer | Asked in Appeals / Appellate Law and Divorce for Pennsylvania on
Q: If a judge signed the divorce decree and you appeal the case are you still married till the appeal is over?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2024

No. The judgment of absolute divorce is still valid. Unless, the other party requests a stay, all parties are still divorced while the appeal proceeds. That goes to other aspects of the trial court judgment.

1 Answer | Asked in Divorce, Real Estate Law, Appeals / Appellate Law and Civil Rights for Pennsylvania on
Q: I live in a property owned solely by my husband as he lives in another. He had filed for divorce oround March or April

?

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you're in a complex situation, especially since the property you're living in is solely owned by your husband. If he has filed for divorce, it is important to understand your rights regarding your current living arrangements. The outcome may depend on several factors,... View More

1 Answer | Asked in Appeals / Appellate Law, Bankruptcy and Small Claims for Pennsylvania on
Q: How do I get myself out of a civil action due to a large sum debt? I had thought of filing chapter 7.

Multiple debts totaling over $30k and I am slowly paying them all.

James L. Arrasmith
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answered on Jul 27, 2024

Filing for Chapter 7 bankruptcy can help you discharge your debts and stop any civil action related to them. It's a legal process designed to give you a fresh start by eliminating most unsecured debts, such as credit card debt and medical bills. Before filing, consider all your assets, as some... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I applied for an apartment and I was denied because they used my cash app transactions as income. Is that legal?
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some questions go unanswered, but if you want to try reposting and adding Landlord-Tenant Law as a category, you might have better chances of a response. Attorneys who work in that area would have the best... View More

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

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: How can I prove my signature was forged. If I don’t have the original promissory note?

I gave someone a promissory note on a piece of lined notebook paper with my signature. She took my signature from that and copied it and pasted it to a fake lease. And used it in court.

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Hire an expert. There are many ways. The ink used by copy machines is different from the ink used in pens. The “white” space in a photoshopped image is a different “white” than the paper. Digital images of a signature are finely pixilated and not a smoothly flowing signature you get... View 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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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Good evening, I am trying to appeal and/or reconsider three rulings dated September 20th 2021.

Good evening,

I am trying to appeal and/or reconsider three Common Pleas Court rulings dated September 20th 2021 because the judge previously granted a continuance but seemingly spontaneously ruled on the three issues anyway. Look at the attached docket. Even assuming some other mistake,... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

You need to contact Legal Aid if you haven't already. https://www.palawhelp.org/organization/north-penn-legal-services-stroudsburg-office/housing-and-shelter/eviction?ref=PYCKA

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: found guilty of retail theft at family dollar. Charged suspisciously! I am NOT GUILTY. Appealed descison!!Please help

. Accused of thEft summary offense local police officer was who put the charges on me the charges were placedweeksafter I got home with my purchased items. No stolen items. I have the receipt and there was no apprehension of me nor did anyone contact me until the court papers came in the mail. It... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2021

First make copies of your documents. Ask for a public defender. Call the county bar association and see if they have any volunteer lawyers.

Ask the prosecutor to produce a list of the items allegedly stolen. If your slip matches theirs no problem.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... View More

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: if the appellant in Superior Court, makes the appellee(defendant) not Answer my brief in 30 days, what happens???
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 7, 2021

I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
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1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

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