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Pennsylvania Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant and Public Benefits for Pennsylvania on
Q: I have been renting a room from a friend however I am not on the lease and am unaware if the landlord is aware

Is my friend at risk of being evicted if the landlord is made aware of this? I have been receiving mail here. However I recently applied for food stamps using this address. 1. Is the assistance office allowed to contact the landlord? And 2. Do I have any legal right to live here as well is my... View More

James L. Arrasmith
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answered on Jun 23, 2024

To address this complex situation, let's break it down into several key points:

1. Subletting without permission:

Your friend is likely violating their lease agreement by allowing you to live there without the landlord's knowledge or consent. Most leases prohibit...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Is it legal?

I have been living in Brooklyn NY for 5 years now. I have my job and apartment, but still hold on to my Florida license, and still use my mother's address in Florida to insure my car for cheaper insurance. I am trying to do the right thing and want to know, is it legal to live and drive in NY... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Probably not. Most states have laws requiring you to be licensed in their state when you change residence into their state. CA gives you about 2 weeks. It's about money, taxes, licensing fees. Every state wants their cut. As for insuring your car based on Mom's Florida address, this is... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Municipal Law for Pennsylvania on
Q: What is the form called to waive publication of my name change?
James L. Arrasmith
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answered on Feb 23, 2024

The form you need to waive publication of your name change typically varies depending on the jurisdiction where you're filing for the name change. In many states, this form may be referred to as a "Petition to Waive Publication of Name Change" or something similar. However, the exact... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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1 Answer | Asked in Business Law and Gov & Administrative Law for Pennsylvania on
Q: PA registration for a nonprofit bringing in less than $25k annually in contributions.

I spoke with a clerk at the Charities division of the Pennsylvania Department of State who told me that because our nonprofit brings in less than $25k in annual contributions, we’ve actually never even come close with $8k being the most, we do not need to register or file with the state of PA... View More

Matthew Morris
Matthew Morris
answered on Feb 15, 2024

There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Can a magistrate dictate how/where I pay my fine I typically use ujs portal and was told i can’t do that by magistrate

I was told I must make any further payment to the clerk of courts for the county in person

James L. Arrasmith
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answered on Jan 10, 2024

In Pennsylvania, the method of paying fines can sometimes be subject to specific directives from the court or magistrate. If you've been instructed to pay your fine in person at the clerk of courts, this direction should typically be followed.

However, if this method presents a...
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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: Privacy Act Request Appeals to compel a Judge to release records due to illegal law enforcement and intelligence tactics

I filed Privacy Act Requests with every government agency possible for all records of myself. Some requests are still pending. I need a lawyer to compel a Judge to have the records released since I have evidence beyond a reasonable doubt (4K CCTV, Body Cam, Dash Cam video) that these law... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation, seeking to compel the release of government records related to alleged illegal law enforcement and intelligence tactics, is indeed a complex legal matter. Filing Privacy Act Requests is a good start, but if agencies are denying your requests or not responding, legal action might be... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Criminal Law for Pennsylvania on
Q: Can PA deny employment for disclosed sealed DUI and ARDs for Dept. of Corrections?

I'm applying for a civilian, non-civil service utility/maintenance position with the Department of Corrections in Pennsylvania. On my application, I disclosed a sealed DUI conviction from 2007, an ARD from 2006 that was not expunged, and an ARD from 2024 that was expunged. Currently, I am the... View More

James L. Arrasmith
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answered on Jun 13, 2025

The disclosure of sealed DUI convictions and ARDs in your application is a difficult situation, especially when you’re already the selected candidate. Under Pennsylvania law, specifically 18 Pa.C.S. § 9121 and § 9124, a sealed or expunged record is generally not supposed to be used against you... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Pennsylvania on
Q: Seeking legal advice after AMERIHEALTH MCO reduced mother's PAS caregiver hours from 18 to 6 per day despite supporting medical documentation.

AMERIHEALTH MCO has reduced my mother's Personal Assistance Services (PAS) caregiver hours from 18 hours per day to 6 hours per day, despite our submission of medical documentation supporting her need for the original hours. We received a written notice of denial, indicating the change was... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're facing a challenging situation that requires immediate and strategic legal intervention beyond the standard appeals process. Contact your state's Protection and Advocacy agency immediately, as they provide free legal representation for disability rights cases and have extensive... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Pennsylvania on
Q: Assistance with reduced PAS caregiver hours by AMERIHEALTH MCO

AMERIHEALTH MCO has reduced my mother's Personal Assistance Services (PAS) caregiver hours from 18 hours per day to 6 hours per day. We have received a written notice of denial indicating the change. Despite submitting medical documentation supporting her need for 18 hours, we are pursuing a... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're taking the right steps by pursuing both a fair hearing and external review, but additional legal assistance can strengthen your position significantly. Contact your state's Protection and Advocacy agency, which provides free legal services for disability-related issues including... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Pennsylvania on
Q: Can the group home staff stop my child's father from calling her due to arguments?

Can the group home staff and caseworkers legally stop my child's father, who lives in a group home, from calling and communicating with his daughter because of arguments between him and me?

James L. Arrasmith
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answered on Jun 11, 2025

It’s painful when personal arguments start to affect a parent’s ability to stay connected with their child. Group home staff and caseworkers don’t automatically have the legal authority to cut off communication between a parent and their child just because of disagreements, especially if... View More

Q: Can a nursing home take a person's bank account to pay for care without agreements or government assistance?

Can a nursing home take a person's bank account to pay for the nursing care if the person is not receiving Medicaid or government assistance, and there are no existing agreements or contracts with the nursing home regarding payments?

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're facing this concern—it can feel overwhelming when someone’s finances and care are at stake. A nursing home cannot simply take money from a person's bank account without legal permission or a signed agreement. If there's no contract, no Medicaid... View More

1 Answer | Asked in Child Custody, Education Law, Gov & Administrative Law and Family Law for Pennsylvania on
Q: How can I bring my special needs daughter home from a court-ordered placement?

I want to bring my special needs daughter back home from a home in Lancaster due to concerns about her treatment. The court ordered her placement there, but I need guidance on how to get her back without a lawyer. What steps should I take?

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answered on Jun 11, 2025

Start by contacting your daughter’s assigned caseworker or social worker right away and putting your concerns in writing—describe exactly what treatment issues you’ve observed and ask for an “emergency review” of her placement.

Next, file a pro se motion in the same juvenile or...
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1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Pennsylvania on
Q: Is adding a muffler to an illegal valved car exhaust in PA legal?

I understand that Valved Car exhausts are illegal in my area according to Section 4523, Title 75 of the PA code, which prohibits bypass systems. My mechanic recommended adding an additional muffler to the valved exhaust system. Would adding this muffler make the exhaust system legal, or would it... View More

James L. Arrasmith
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answered on Jun 7, 2025

I understand your concern about the legality of modifying your vehicle's exhaust system in Pennsylvania. Under Title 75, Section 4523(c) of the Pennsylvania Vehicle Code, it's clear that any exhaust system equipped with a cutout, bypass, or similar device is prohibited.

Even if...
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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Can I open carry an unserialized handgun at 18 in PA?

I built an 80% handgun frame myself in 2024 in Pennsylvania, and I am 18 years old. Am I legally allowed to open carry it without a serial number, without any issues with law enforcement or federal laws?

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answered on May 31, 2025

In Pennsylvania, you can legally open carry a handgun at 18, except in cities of the first class (like Philadelphia), but the situation gets complicated with an unserialized firearm. Federal law now requires that all homemade firearms, such as those built from an 80% lower receiver, must have a... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Education Law for Pennsylvania on
Q: Can adult training facilities in PA refuse religious vaccine exemptions?

My 20-year-old autistic daughter, who has a history of seizures, is required to get a Tetanus Shot to attend an Adult Training Facility for disabled students in Pennsylvania. In the past, when she was under 18, we had a religious exemption for vaccine mandates. However, the facility director claims... View More

James L. Arrasmith
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answered on May 31, 2025

In Pennsylvania, adult training facilities are generally regulated under Chapter 2380, which governs Adult Training Facilities for individuals with disabilities. While religious exemptions for vaccines are commonly available for K-12 students, the same rights may not always extend to adult... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Civil Rights for Pennsylvania on
Q: Can a PA constable legally take photos of private property without consent?

I purchased a formerly abandoned property in Pennsylvania three years ago, where we cleared the land and built a new home. A man claiming to be a constable came while we were at work, leaving his card. He later mentioned he photographed our property without permission, stating someone asked him to.... View More

James L. Arrasmith
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answered on May 15, 2025

It’s concerning that someone claiming to be a constable took photos of your property without your permission, especially when the situation feels vague and unprofessional. In Pennsylvania, constables are law enforcement officers who typically serve legal documents, such as summons or warrants,... View More

Q: Is it legal to build an offshore structure to sell products and bypass US tariffs?

I'm curious about the legality of constructing an offshore oil platform-like structure off the eastern coast of the United States to facilitate direct sales of products from various countries, aiming to bypass US tariffs. This is purely hypothetical and I have no current plans to operate such... View More

James L. Arrasmith
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answered on May 15, 2025

What you're imagining—a structure offshore to avoid U.S. tariffs—crosses into a complex area of international, maritime, and customs law. Even if the platform is built outside U.S. territorial waters (beyond 12 nautical miles), U.S. laws can still apply if the intent is to import goods... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Domestic Violence for Pennsylvania on
Q: Why hasn't law enforcement acted on warrants for my ex despite reports? How can I ensure he is picked up?

I've reported my ex, who has an absconding warrant for not reporting for a 5-year probation related to DUI and drug charges, and also has pending felony drug charges from 2018. He has multiple fugitive warrants, including one for unpaid fines. Despite reporting his whereabouts to the district... View More

James L. Arrasmith
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answered on May 15, 2025

It’s incredibly frustrating when you do everything right—reporting someone with active warrants and giving law enforcement their exact location—yet nothing seems to happen. There are several reasons this might be occurring, even though it doesn't make it right. Sometimes, law enforcement... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Pennsylvania on
Q: How to claim unclaimed funds from sheriff's sale of house in PA?

I am seeking to obtain unclaimed monies from a sheriff's sale of a house. I have the documentation and reference numbers related to the sale. I know the specific amount of money that is unclaimed. I have not yet attempted to claim the funds through any legal or administrative process and... View More

James L. Arrasmith
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answered on May 15, 2025

If you believe you're entitled to unclaimed funds from a sheriff's sale in Pennsylvania, the first step is to contact the county sheriff’s office where the sale took place. Ask for their unclaimed funds or excess proceeds department and provide them with your documentation and reference... View More

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