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Pennsylvania Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Pennsylvania on
Q: If a defendant does not pick up the certified mail from the post office is he considered served in Bucks County Pa?

I paid the Constable to attempt service and sent two certified letters there was no response and the case was dismissed without prejudice because he was considered not served. I refiled the case, it is his legal address where I'm sending it so what is my option? The district court for some... View More

1 Answer | Asked in DUI / DWI, Civil Litigation, Civil Rights and Small Claims for Pennsylvania on
Q: Licence Suspension 18month turned 3+yrs.Judge ruled due 2 Clerical Error.I suffered financial&health damage.What to Do?

Bucks County Clerk of Courts makes error turns my suspension from 18 months to 3+ year suspension failed to verify jail time w/ Penndot despite me completing everything & probation. I purchased used car,insurance,interlock,inspection etc. Denied Licence went back & forth over 2 months w/... View More

James L. Arrasmith
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answered on Feb 1, 2024

Given the circumstances you described, it may be possible to pursue legal action for the losses and damages you have incurred due to the clerical error and the extended license suspension. To do so, you should consider the following steps:

1. Consult an Attorney: Reach out to an attorney...
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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I had left my drivers license at a store and they called me and told me I could come and get it, by the time I went to

Get it they had shredded it, should they have to pay for it?

James L. Arrasmith
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answered on Jan 25, 2024

In your situation, where a store shredded your driver's license after notifying you to retrieve it, there are a few considerations. First, it's important to understand that while businesses often have policies for handling lost property, there is generally no legal requirement for them to... View More

Q: can you do owner retain from a totaled loss in pa
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If a policyholder chooses to keep the vehicle, the carrier will usually work out a separate set of figures based on salvage value if vehicle is declared total loss. But this is a general process; each state... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I agreed to do some work for someone and Do a rent to own agreement for the work know they don't want to pay

I agreed to do the work for a rent to own agreement and when the agreement was written up it wasn't the same agreement that we talked about and know they don't want to pay me for my work

T. Augustus Claus
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answered on Jan 2, 2024

If you agreed to perform work under the condition of a rent-to-own arrangement and the written agreement does not reflect the terms you discussed, you may have legal recourse to seek compensation for your work. In Pennsylvania, contracts are generally enforceable if there is a meeting of the minds,... View More

1 Answer | Asked in Civil Litigation and Intellectual Property for Pennsylvania on
Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?

Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?

James L. Arrasmith
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answered on Dec 14, 2023

Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: Is this cause for a lawsuit?

We parked in a lot for a Steelers football game. It looked legit but the parking lot attendant taking money did not own the lot. We went to get our car and it was towed at our expense. The fraud lot attendant did get arrested and we were told that after their trial we would get refunded the money.... View More

James L. Arrasmith
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answered on Dec 4, 2023

In this situation, considering a lawsuit is understandable given the inconvenience and expense caused by the fraudulent parking lot attendant. The fact that the attendant was arrested and a promise of refund was made indicates acknowledgment of the wrongdoing.

For a lawsuit, you would need...
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1 Answer | Asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Pennsylvania on
Q: If I'm being sued for,more than the maximum amount that a court of common pleas can give what happens?

I'm being sued in Pennsylvania for 16000 dollars and I read that the maximum amount you can sue for in the court of common pleas is 12000

Daniel Edward Mueller
Daniel Edward Mueller
answered on Nov 7, 2023

You may be thinking of the Magisterial or Municipal courts. The jurisdictional limit in the Magistrates and Municipal Courts (small claims divisions) in Pennsylvania is $12,000, including attorney's fees. (It does not include post-filing interest and court costs.) If the case is over $12,000,... View More

2 Answers | Asked in Civil Litigation and Small Claims for Pennsylvania on
Q: I have someone who owes what to me us a large amount of money. I need a lawyer but I have very limited resources

I have texts from Def. Proving that he has my stuff and said he would send me my belongings and that he will pay me back what he owes me

James L. Arrasmith
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answered on Nov 8, 2023

If someone owes you a significant amount of money and has acknowledged this debt through texts, these communications can be used as evidence in your favor. You might consider seeking legal assistance, even with limited resources; many attorneys offer free initial consultations to assess the... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Who can help me if I’m dealing with a legal system that has maliciously prosecuted me?

Criminal case and can’t get any help in my area. The area I live in is corrupt when it comes to the law and unfortunately I need help please.

T. Augustus Claus
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answered on Oct 25, 2023

Pennsylvania Innocence Project

American Civil Liberties Union of Pennsylvania

Legal Aid of Western Pennsylvania

Philadelphia Legal Assistance

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

2 Answers | Asked in Civil Litigation and Consumer Law for Pennsylvania on
Q: Can you recommend a law firm who would take my case probono? I live near Philly, PA. Should I sue them or counteroffer?

A fortune 500 company charged me almost $800.00 for a cell phone I had returned almost a year ago. Apparently, the store manager who I gave my cell phone to, either sent it to the wrong location or did not follow the proper procedure to return my phone to the warehouse.

I have since been... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

While I doubt an attorney would handle a small consumer claim on a pro bono basis, my first question would be how do you calculate $20,000 in compensatory damages based on what happened? Is the fair market value of the missing phone $20,000? Was there some sort of trade secret saved in electronic... View More

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3 Answers | Asked in Civil Litigation, Estate Planning, Landlord - Tenant and Probate for Pennsylvania on
Q: Can an executor of a will evict family members from a house? Need to sell.

The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 2, 2023

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

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3 Answers | Asked in Foreclosure, Civil Litigation and Civil Rights for Pennsylvania on
Q: How can I move my civil case forward when judge stated that the case is not yet close
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 5, 2023

I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming...
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1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Litigation for Pennsylvania on
Q: can a company lie about their starting salary online?

Im applying for a job at 31.80$ an hour. After passing the interview and the day before orientation I notice on the website they had changed it online to 22$ a hour. If they try to change it when I go to orientation tomorrow can I sue?

Timothy Belt
Timothy Belt
answered on May 24, 2023

No you cannot sue. An employer has to pay at least minimum wage, that's it. They can even reduce the pay for existing employees if there is no contract with proper notice.

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: If I prove a surveyor committed perjury on his Affidavit used in a property dispute will the ruling be overturned

I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.

I have Solid proof. This surveyor had to determine what... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Be aware that a mistake is not perjury.

You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.

The general rule for a motion for new trial based...
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