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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Collections for Pennsylvania on
Q: How to respond to a collecting agency mail letters and calls?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2023

Keep track of all calls and letters, and any other form of contact, including any efforts to contact you or your employer at work. Applicable laws may entitle you to make a successful claim against the collector.

If you engage counsel, a simple letter from you or counsel to the collector...
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1 Answer | Asked in Civil Rights and Education Law for Pennsylvania on
Q: I was unfairly dropped from my university, and I'm plannning on filing an IDEA claim. Do I have a valid case?

na

T. Augustus Claus
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answered on Aug 10, 2023

The Individuals with Disabilities Education Act (IDEA) primarily applies to children with disabilities in the context of special education services in K-12 schools. If you are referring to a higher education institution and believe you were unfairly dropped, your situation may not fall directly... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: How do I sue a police officer?
T. Augustus Claus
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answered on Aug 10, 2023

To sue a police officer, consult an attorney specializing in civil rights or personal injury law. Gather evidence related to the incident and file a lawsuit outlining your claim and damages sought. You might need to file a notice of claim in some jurisdictions. The legal process involves discovery,... View More

1 Answer | Asked in Small Claims and Civil Rights for Pennsylvania on
Q: Can someone secretly video record another on phone both image and voice, and email it to others without consent?
T. Augustus Claus
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answered on Jul 25, 2023

In Pennsylvania, it is generally considered a two-party consent state, meaning that all parties involved in a conversation must consent to being recorded. If someone records a private conversation without the knowledge or consent of the other person, it may be a violation of Pennsylvania's... View More

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 Civil Rights and Constitutional Law for Pennsylvania on
Q: I recorded a traffic stop the police that I recorded followed me pulled me over was my rights violated
John Michael Frick
John Michael Frick
answered on Jun 8, 2023

There are no facts stated in your question which suggest that your rights were violated. Police routinely enforce traffic laws by making traffic stops.

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 Family Law and Civil Rights for Pennsylvania on
Q: Is what my mother doing legal

I’m 20 years old and I am on a phone plan with my mom and a guy who’s a friend of the family, the friend is the phone account holder. My mom tells me she logs into the AT&T app and reads mine and my boyfriend’s messages without my permission, she’s not the account holder and is that an... View More

James L. Arrasmith
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answered on May 2, 2023

Reading someone else's messages without their permission is a violation of their privacy, regardless of whether or not the person doing the reading is the account holder. As a legal adult, you have the right to privacy and your mother does not have the right to access your private... View More

2 Answers | Asked in Contracts and Civil Rights for Pennsylvania on
Q: Can I share a recorded video that both parties were aware of even if I am getting it from a private site?

PA is a 2-party consent state. This recording was taken with both parties' knowledge and consent and specifically taken by party B. Party B then posted the recording to a private site that only party A and party B have access to. Would it be illegal for party A to take the recording off that... View More

James L. Arrasmith
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answered on Apr 2, 2023

Under Pennsylvania law, it is legal to record a conversation as long as all parties to the conversation consent to it. Since both parties were aware of the recording, it is legal for either party to share the recording. However, if the recording was posted on a private site that only party A and... View More

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1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Landlord - Tenant for Pennsylvania on
Q: Ombias pretrial motion what does it mean and if my legal represent For me did not tell me about this what does that mean
Lauren A Wimmer
Lauren A Wimmer
answered on Mar 22, 2023

In a criminal case, an omnibus pretrial motion is a generic motion that must be filed within a certain time period following formal arraignment to preserve your right to file motions down the road as your case progresses. These motions are typically boilerplate and contain multiple requests for... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Pennsylvania on
Q: Can I sue my former employer for age and racial discrimination?

Do I need to file a charge with the EEOC?

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

You have 6 months from the date of the incident to file with the EEOC or PHRC. You must do this in order to preserve your right to sue.

2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I'm a felon on parole for a few years now and I live in Pennsylvania what I want to know is can I vote
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

Yes. Only felons who are currently incarcera

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1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Employment Law for Pennsylvania on
Q: Good morning,How do I find out if I have been tainted via social media when no one would tell me?

My friends and family have been keeping their distance from me for a few years. I am being gaslighted (I hate to mention it) because it is a difficult thing to prove. It makes it seem like is all in my head. However, I draw the line when it happens at work. I will not be able to support myself... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

First of all, you should never include your name or other identifying information on sites like these, which are open to everyone, including the folks you're concerned about.. Secondly, although the purpose of this site is often misunderstood, it's not a jobs board so it's highly... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Pennsylvania on
Q: I have a cys matter I'm currently going to court for! They have unlawfully taken my kids and refuse to return them.

What can I do? What's a proper defense? Can anyone help me?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

Youth Services cases are the most revealing as to how the law operates against the citizen. Every conceivable protection against abuses of the judiciary are flipped around and made to abuse the parent undergoing one of these cases.

First and foremost, the asker must understand there is a...
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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... View 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 Medical Malpractice, Personal Injury and Civil Rights for Pennsylvania on
Q: I had a incident in a prison from not being medicated and had a seizure and was denied medical befor it happened

I had a seizure in prison because medical wasn’t medicating and they knew that I had seizures and even verified it thru my pharmacy and a week and a half later I had a seizure and I told the officer 3 time in the middle of the night that I needed medical attention and he would not call medical... View More

Ashley E. Killeen
Ashley E. Killeen
answered on Dec 24, 2022

You may potentially have a case, you should speak to a personal injury lawyer and/or a civil rights attorney to discuss the details of your specific fact pattern to see if it is viable to pursue. Best of luck.

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Contracts, Civil Rights and Insurance Bad Faith for Pennsylvania on
Q: Where is State Court In Pennsylvania?

I’m trying to learn about Jurisdiction and Venue . If you could help me that would be great. Thank you

Mark Scoblionko
Mark Scoblionko
answered on Jul 25, 2022

State courts in Pennsylvania are located in the county seat of a county.

“Jurisdiction” pertains to the power of a particular court to exercise control over a particular defendant. Ordinarily, the first question is whether a defendant resides in the same county where suit has been...
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1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Pennsylvania on
Q: In Pennsylvania, do drivers have to provide their license, registration, & insurance information to police when stopped?

I was just pulled over by the police. I asked the officer to tell me what was the reason for the stop, however, he insisted I give him my ID before he'd tell me what was the reason for the stop. Come to find out, my registration expired ten days ago. As I explained to the officer, it was... View More

Timothy Kraeer
Timothy Kraeer
answered on Jun 11, 2022

Based on what you've written, I don't think you did anything wrong. Most officers, at least those I've interacted with, will run license plates randomly or really whenever they are driving behind someone. A lot of police cars are also now equipped with automatic license plate... View More

2 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for Pennsylvania on
Q: I was fired yesterday after filing a second complaint about the same customer sexual assaulting me in the restaurant.

The restaurant has no handbook or ethics. Not even a system to file complaints. The customer is an investor and has ties with the hemp distributor ( it was a brewery). The first time in mid October the customer caressed me and I became deeply uncomfortable. As soon as I could get away I went to my... View More

Andrew S. Abramson
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answered on Jan 29, 2022

The facts you present could present a retaliation claim but more information is needed to thoroughly evaluate. Please contact our law firm so that we can obtain more details.

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