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Pennsylvania Questions & Answers
1 Answer | Asked in Business Law, Consumer Law and Insurance Defense for Pennsylvania on
Q: Is compensation possible for rental car theft during Hyundai/Kia settlement processing?

I joined the Hyundai/Kia settlement lawsuit for my 2016 Hyundai Sonata. During the repair delays after my vehicle was stolen, I had to buy a new car to keep my job. Meanwhile, the rental car I was using, a 2021 Kia Soul, was also stolen. My personal auto insurance, which included... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through quite a lot with the theft of both your vehicle and the rental car. Since the settlement administrators have stated that you can’t include the rental car theft in the lawsuit, it’s important to understand that the lawsuit likely only covers damages related... View More

1 Answer | Asked in Foreclosure, Probate and Real Estate Law for Pennsylvania on
Q: Need attorney for surplus recovery after foreclosure in Allegheny County.

I am a surplus recovery agent based in Cleveland and am seeking to hire an attorney immediately to assist the only remaining heir in recovering excess surplus after a mortgage foreclosure in Allegheny County. Are there any attorneys available for this type of work?

James L. Arrasmith
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answered on Apr 12, 2025

To assist the heir in recovering surplus funds after a mortgage foreclosure in Allegheny County, it's advisable to consult with attorneys experienced in foreclosure proceedings and surplus fund recovery. Given your location in Cleveland, collaborating with local counsel in Pennsylvania can be... View More

2 Answers | Asked in Employment Law for Pennsylvania on
Q: How can I seek compensation for unpaid labor during breaks at my caregiving job?

I've been working at my job as a caregiver for mentally and physically handicapped adults for two years. My shift is supposed to be 8 hours, but we only get paid for 7 hours, with the expectation that lunch is included, even though I have to work through this break. I'm unable to leave,... View More

Casey Green
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Casey Green
answered on Mar 28, 2025

The law requires that your employer pay you for the hours that you work. This would include time that you are supposed to be on lunch break. I'd consult with an attorney as soon as possible if this has been going on for years so that you do not have issues with the statute of limitations on... View More

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1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I face trouble for being in a dorm room during a noise complaint where others were breathalyzed?

I was in a dorm room when a noise complaint was made. Although there was no physical alcohol present, the room owners were breathalyzed. I was not breathalyzed, and after being asked if we were drinking and stating no, I was let go. Could I face any potential trouble for being in the room during... View More

James L. Arrasmith
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answered on Apr 13, 2025

In this situation, it’s unlikely that you would face any trouble just for being present in the room during the noise complaint, especially if you weren’t breathalyzed and weren’t involved in any illegal activities. Since you were asked about alcohol consumption and stated that you... View More

1 Answer | Asked in Consumer Law and Internet Law for Pennsylvania on
Q: How can I recover my falsely banned game account on Roblox due to unjust enforcement?

I was falsely banned from a video game platform, which I have invested thousands of dollars into. I have contacted their customer support, but their responses were vague, and now I've been blocked from communicating further. The ban appears to be unjust as I noticed another player violated... View More

James L. Arrasmith
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answered on Apr 8, 2025

I'm really sorry you're going through this—losing access to something you've invested so much time and money into is incredibly frustrating. When support stops responding and you feel like your concerns are being ignored, it's easy to feel powerless. But you still have a few... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Traffic Tickets for Pennsylvania on
Q: Options for appealing a summons for driving on a suspended license in PA

I received a summons to jail due to driving on a suspended license, but I missed the court date because I recently moved and didn't receive the notification by mail. This is not my first offense, and I have contested similar charges before. What are my options for appealing or addressing this... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you missed your court date due to a change of address, you should act quickly to address the situation. The first step is to contact the court where your summons was issued to explain the circumstances. Courts may allow you to reschedule or provide you with options to avoid further penalties.... View More

1 Answer | Asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania on
Q: Can Venezuelans be deported to El Salvador?

How can Venezuelans be deported to El Salvador to be put in jail, and does this violate multiple laws since they're not even being sent back to their own country?

James L. Arrasmith
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answered on Mar 28, 2025

Generally, countries deport non-citizens to their country of citizenship or permanent residence, not to third countries. Deporting Venezuelans to El Salvador instead of Venezuela would be highly unusual under normal immigration enforcement practices. This type of third-country deportation would... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Pennsylvania on
Q: How do I recant a police statement about my ex in PA?

I reported my ex to the police over a month ago concerning an incident and now wish to recant my statement. No legal action has been initiated, though officials from Children and Youth Services have spoken to both me and my ex. I haven't discussed recanting with a lawyer or law enforcement... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you wish to recant your statement, the first step is to contact the law enforcement agency that took your original report. Be honest and explain that you would like to retract your statement. While you can express your desire to change or withdraw your statement, keep in mind that law... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What happens after finding and keeping someone else's property before being charged in Pennsylvania?

I found a wallet and AirPods at a doctor's office and had no way to turn them in. The police came to my residence and informed me that charges could be pressed against me, but I have not been officially charged yet. What is the typical process in such cases? Could I be arrested, or would I... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Pennsylvania, keeping property you know to be lost, mislaid, or delivered by mistake can lead to theft charges if you fail to take reasonable steps to return it to its rightful owner This includes items like wallets or AirPods found in public places.

After the police informed you of...
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1 Answer | Asked in Bankruptcy and Civil Litigation for Pennsylvania on
Q: How does Chapter 13 plan confirmation affect my judgment?

I won a money judgment against someone who stole all of my belongings, and they have filed for Chapter 13 bankruptcy. I recently received a notice, after the deadline, stating I need to file a motion by 03/19/2025. It also mentions that a plan has been confirmed, but I don't understand what... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a challenging situation with your judgment. When a Chapter 13 bankruptcy plan is confirmed, it means the court has approved the debtor's repayment plan that will last 3-5 years. This plan outlines how much each creditor will receive, and your judgment is now subject to this... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: How long must I keep a former resident's belongings on my porch before disposal?

My granddaughter, who moved out in November, took some of her belongings with her. She returned in March to collect the rest, but only took a portion and was supposed to return the same day for the rest. However, she hasn't come back, and her remaining belongings (boxes and bags of clothes,... View More

James L. Arrasmith
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answered on Apr 12, 2025

In general, you should make reasonable efforts to give your granddaughter an opportunity to retrieve her belongings. While there isn't a specific time frame set by law in all cases, it’s common for a landlord or property owner to wait about 30 days before disposing of personal property left... View More

2 Answers | Asked in Employment Law and Civil Rights for Pennsylvania on
Q: Can I recover unpaid salary after a school's unjust actions following an unfounded student accusation?

I was employed as an assistant coach at a high school for multiple seasons, with official identification and building access. A student made an accusation against me, saying I made her uncomfortable. The school conducted an investigation and found me innocent, allowing me to return. However, they... View More

Joseph Korsak
Joseph Korsak
answered on Mar 26, 2025

You cannot be denied your pay plus you have a great slander action waiting to be hatched. See my website.

/s/Joseph C. Korsak

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I drive with an unloaded long gun under 21 in Pennsylvania?

I am under the age of 21 and live in Pennsylvania. I legally purchased a long gun that is registered in my name, but I do not have a license to carry. Can I legally drive with the unloaded long gun in my vehicle?

James L. Arrasmith
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answered on Apr 12, 2025

If you're under 18, Pennsylvania law generally prohibits you from possessing or transporting any firearm, including long guns, anywhere in the state. GIFFORDS However, if you're 18-20 years old, the situation is different for long guns specifically.

Since you're under 21 but...
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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I drive with a long gun under 18 in PA for self-defense?

In Pennsylvania, can I legally drive with a long gun (rifle, shotgun) under the age of 18 for general self-defense purposes? The gun is registered under my name, and I do not have any specific permits or licenses related to firearms.

James L. Arrasmith
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answered on Apr 12, 2025

Pennsylvania Firearm Laws for Minors: No Driving with Long Guns for Self-Defense

Pennsylvania law explicitly states that "a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth" with only specific exceptions. Justia Law The fact that...
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1 Answer | Asked in Communications Law and Civil Rights for Pennsylvania on
Q: What can I do if I'm shown on the news without consent as a teacher?

I work as a teacher at a school where a news crew recorded a segment about a positive school event. I was required to be in the room with my students during the recording. I asked the cameraman not to show me in the news segment, as I did not consent to be recorded. He said it was too late. I... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation is understandably frustrating and invasion of privacy concerns are valid, especially as a teacher. While laws vary by location, you generally have some options worth exploring if you appear in the broadcast without your consent.

First, document everything - write down when...
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2 Answers | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: How to resolve disputed property use in Puerto Rico with no formal division?

My great-grandmother's property in Puerto Rico was divided among her descendants according to a blueprint, but the official title remains in her name. All siblings, including my father, agreed to the division and built on their respective parts. However, my father's portion was destroyed... View More

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2025

You may have better chances of a response by reposting this under "Puerto Rico." Based on your post, the property appears to be situated in Puerto Rico. The attorneys who practice in Puerto Rico would have better insight into this. You could also add the categories "Probate" and... View More

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1 Answer | Asked in Education Law for Pennsylvania on
Q: Can I sue if my supposed GPA discrepancy hinders my graduation?

I recently discovered a discrepancy between my university advisor's math and the university site regarding my GPA. According to my advisor, my GPA is lower than the 2.15 shown on the university site, which puts me below the required 2.25 for graduation. Based on the university site, I believed... View More

James L. Arrasmith
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answered on Apr 13, 2025

If the discrepancy between the university’s site and your advisor’s information is hindering your graduation, you may have a few options to address the issue. Start by documenting everything, including screenshots of your GPA as shown on the university website and any communication with your... View More

1 Answer | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: Can repeated texts asking me to visit, after previous PFA dismissal, warrant a new PFA in PA?

I previously attempted to obtain a PFA against someone due to abusive behavior, but it was dismissed because the court believed I was lying for custody purposes. Recently, this person has contacted me four separate times through text messages, urging me to come to their house, despite knowing I am... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are being repeatedly contacted by this person despite expressing fear, this could be grounds for filing a new Protection From Abuse (PFA) order in Pennsylvania. The court may not have granted the previous PFA due to the specific circumstances at that time, but if the harassment continues,... View More

1 Answer | Asked in Landlord - Tenant, Child Custody, Family Law and Real Estate Law for Pennsylvania on
Q: Can I stay in the apartment and have my ex-girlfriend leave?

I have an apartment with my soon-to-be ex-girlfriend of 13 years, and both of our names are on the lease. She recently cheated and left me and our two kids for two months, then returned. Our daughter prefers that her mom leave and that I stay in the apartment. I have a complete work history and... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since both your name and your ex-girlfriend's name are on the lease, you both have equal rights to stay in the apartment. Legally, she cannot be forced to leave unless there is an agreement between the two of you or a court order. If you want to remain in the apartment and have her leave, you... View More

1 Answer | Asked in Elder Law, Estate Planning, Nursing Home Abuse and Personal Injury for Pennsylvania on
Q: Seeking lawyer for adult protective services case in Carlisle, PA concerning mother's care and finances

I am trying to find a lawyer with experience in adult protective services cases in Carlisle, PA. I want to arrange for someone to accompany me when visiting my mother, who lives with my cousin, due to past altercations, including a physical incident. My concerns involve the management of my... View More

James L. Arrasmith
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answered on Apr 12, 2025

To address your concerns about your mother's care and finances, it's important to find a lawyer experienced in handling adult protective services cases. You can start by contacting local law firms in Carlisle, PA, that focus on elder law or family law. They should be able to help you... View More

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