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Pennsylvania Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Criminal Law for Pennsylvania on
Q: My neighbors got into a domestic dispute which was a little violent. The victim asked me if I would give him my video

I have a surveillance camera. The incident occurred in the parking lot outside my home. I live in Pennsylvania did I do anything illegal?

0 Answers | Asked in Civil Litigation for Pennsylvania on
Q: IN Pennsylvania, can I file my small claim complaint in ANY local Magisterial Court?

In the Magisterial District where the accident occurred, the District Judge is the wife of my Township Commissioner.

I am concerned about fair and impartial treatment, as I have an ongoing dispute with my Township Commissioner over recent action taken by the township, and how taxpayer money... Read more »

0 Answers | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: If my Fiancé still lives in another state, can we obtain a license from where I live and get married where I live?

I live in PA and my Fiancé lives in NJ. Due to his father being terminally ill and my grandfather also not having much time. I was wondering if we could obtain a license here in PA and get married here before he moves. We have a wedding planned but not till September. I have tried googling this... Read more »

0 Answers | Asked in Civil Litigation for Pennsylvania on
Q: Is it a due process violation if an orphans court judge has a person held for contempt with no directive of the court

I was arrested in orphans court . and held in contempt given 6 months forcontempt without a court order or directive to comply with, I was in orphans court as beinficiary of my mothers estate, and former excecutor of her estate. I was ordered released after about 6 hours when the judge realized... Read more »

0 Answers | Asked in Civil Litigation for Pennsylvania on
Q: So a few months ago I got a ticket for my parked inoperable vehicle, being inoperable as a hazard do I plead guilty?

It was precautionary, there were no emergencies on the street. I was parked in front of my house like many other cars. Once I got the ticket I sold my inoperable vehicle a month later. But I never got another ticket after that. That was the 1st & only. But now I failed to respond to the 10 day... Read more »

0 Answers | Asked in Civil Litigation, Civil Rights and Federal Crimes for Pennsylvania on
Q: You have a personal cell phone that belongs to you...not your company. Who is allowed on it if I attach to company wif

To save data/minutes on your cellphone plan, you think you can attach to guest wifi or company wifi with your personal cellphone. Can the administrator at the company legally cross the line and look at what is not communicated across the wifi? From all I understand, the company can snoop on... 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...
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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 »

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I own a small cleaning co. After cleaning a clients place she called complaining of few things, and refuses to pay

I told her why it was incomplete, one of my crew saw a bug, what she thought to be a roach, but i offered to come back 3 times to finish,, she ask for pic and i sent her a pick from google that my cleaner said it looked like, she did a reverse google and said i lied and faked it,, but i also saw a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

You are entitled to be paid for the work that you did. Even if it's half a job, you're entitled to half a job.

Your choice--is it worth taking her to small claims or not?

Next time: you see something, photograph it at the time.

All the best.

2 Answers | Asked in Civil Litigation, Probate and Estate Planning for Pennsylvania on
Q: My dad died Aug 17th 2019 and I just found out that my dad left me monies but I think my brother and sister stole what

What was left for me can I get it back or is it too late to do anything

Michael Cherewka
Michael Cherewka answered on Jan 25, 2021

You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... Read more »

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