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Pennsylvania Civil Litigation Questions & Answers
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...
Read more »

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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1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Do I have to provide opposing counsel with documents that have nothing to do with the pending case.

My case is for equal pay and retaliation and now after providing excessive amounts of documents, opposing counsel is requesting access to all of my medical records. There is nothing medical related to the case therefore do I have to see sign the HIPPA release?

Timothy Kraeer
Timothy Kraeer answered on Nov 11, 2020

Typically, you do not need to provide medical records if your medical condition is not part of your claim. Realistically, an attorney would need to know more about your case to determine if there is any reason to obtain your medical records. If you do not provide a signed HIPAA authorization, they... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My elderly parents are in a volatile situation. They entered into an occupancy agreement that involves a substantial

amount of money to be paid back to them. We plan on moving them out within a few days to a better place. There is an occupancy agreement involved. The agreement states that they need to notify the owner of their plans on moving. And owner will have to pay them back within a year from the notice... Read more »

Mark Scoblionko
Mark Scoblionko answered on Aug 22, 2020

You should consult with a lawyer, who would undoubtedly want to review the occupancy agreement.

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for Pennsylvania on
Q: Where do I go when the Pa. Dept. of labor & Industry won't investigate unlawful business practices that they themselves

Have on their website? I also have been dealing with retaliation from this former employer that directly caused further damage to my heart due to loss of income and medical expenses nearly $250,000 from fraudulent accusations that have been proven false by Pa. Unemployment.

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

At this point, with no response for five weeks, you could reach out to attorneys. Discussing the matter in confidence with an experienced employment attorney could be preferable to a public forum as well. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: Hello, I am trying to get out of my lease.

I live in a studio apt that is noisy at late hours and constantly has an overabundance of pungent weed smells going around. I am having health issues and this is not helping. I get dizzy and lightheaded from the smells and it states in the lease that there is no smoking allowed. I have complained... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could try reposting in the Landlord-Tenant Law section. There's no guarantee that all questions are picked up, but under Landlord-Tenant questions, your post would have better chances. Good luck... Read more »

Q: please help layperson looking filings for appellets brief, appelle's brief and amicus. can you tell me where to look TY

example i am looking for a website or access to filings requesting appellets brief, appellee's brief amicus----example

commonweath v. Kareen johnson docket # 339,EAP 2018----- or commonwealth v. Rivera #601 MAL 2018. idont understand all this it is for my son's case. can you... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 16, 2020

You have courage to undertake such a difficult project. There are very knowledgeable Pennsylvania criminal defense - appeal attorneys here who are really the ones with insight into this, and they could give the best direction. But your post remains open for four days, and some law offices might be... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What do I say to a police officer if I am stopped for open carrying a firearm in Pennsylvania?

Outside the city of Philadelphia

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Do you have a license to carry a firearm? While open carry is legal outside of Philadelphia, most police take a dim view of it, may stop you, ask where you are going, give your vehicle a look to see if there are any violations at all, will check the size of your magazine--and may take their time... Read more »

1 Answer | Asked in Bankruptcy, Contracts, Business Law and Civil Litigation for Pennsylvania on
Q: My uncle's company was sued and won by default they have an AQ incorporation and have no assets.

They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

Empty the bank accounts immediately and have your uncle consult a debtors attorney.

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