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Pennsylvania Questions & Answers
1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Cop came on my property without permission $600 for a fire ordinance I was using it for recreational for marshmallow
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Can a cop come on your property without your permission over an ordinance
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Am I entitled to my husband workmen’s check? He just passed today. He has several months of checks due.

These checks I am requesting are the checks due up until today.

Timothy Belt
Timothy Belt
answered on Apr 15, 2024

Workers' compensation pays wage loss and medical bills related to the work injury. Wage loss and medical would end as of the date of death. Therefore, if you are talking about ongoing wage loss benefits, you would not be entitled. If you are talking about past due wage loss, you may be... View More

1 Answer | Asked in Family Law and Juvenile Law for Pennsylvania on
Q: How do I go about getting a court order to withdraw money from my daughters restricted account to pay for her braces
James L. Arrasmith
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answered on Apr 11, 2024

Here are the general steps for requesting a court order to withdraw funds from a restricted minor's account for orthodontic expenses in Pennsylvania:

1. Gather documentation: Collect estimates or invoices from the orthodontist showing the total cost of your daughter's braces...
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1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Constitutional Law for Pennsylvania on
Q: DEA Privacy Act Denial Appeal: No arrests but why are they withholding my information and why do they have any at all?

I submitted a Privacy Act request to the DEA out of curiosity and it came back denied due to exemption (j)(2): "Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals."... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation that raises several legal and privacy concerns. Here are a few key points and suggestions:

1. The DEA's response indicates they have some information about you in their records related to criminal investigations, even if you have never been arrested. There...
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1 Answer | Asked in Criminal Law, Health Care Law and Identity Theft for Pennsylvania on
Q: The pharmacy gave my prescription to a person who pretended to be me , what can I do?

I told them someone was trying to steal my prescription that was a narcotic. They didn't ask for ID. I told them not to release it to anyone else on 2 different occasions days before it happened. I did file a police report.

James L. Arrasmith
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answered on Apr 10, 2024

I'm sorry to hear that your pharmacy released your prescription to someone falsely claiming to be you, despite your prior warnings. This is a serious matter, and you've taken the right first step by filing a police report. Here are some additional steps you can take:

1. Contact...
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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: My brother came to the US in 2016 with visitor visa, he was 17 years old at the time, was coming from Central America

his parents were being threatened by gangs members and my brother was a target, we didn’t know that he could qualify for asylum at that time and he overstay his visa, in 2019 we were about to hire an attorney but our mom was visiting from our country and was suddenly diagnosed with stage 4 cancer... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, there might be a few potential options for your brother to explore besides getting married, depending on his specific circumstances. Here are a few possibilities:

1. Asylum: If your brother was threatened by gang members in his home country and...
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1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: can violations of my civil rights be a separate representation from criminal representation?

I have proof that certain entities have involved outside sources in incriminating me. Example:I deposited a legitimate check for $40,000 from my DROP retirement fund. the check was drawn on Vantagepoint Transfer LLC. It was deposited to M & T Bank some 8 years ago. At the time the deposit was... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information you've provided, it sounds like you may have two separate but related legal issues: 1) potential violations of your civil rights, and 2) criminal charges that you believe are based on fraudulent evidence or misrepresentations.

In this situation, it is often...
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1 Answer | Asked in Tax Law and Banking for Pennsylvania on
Q: I deposited a check from my retirement to M & T Bank for 40,000 ( after taxes.) that has been posted wrong.

the check was from Vantagepoint Transfer LLC. I deposited the entire check in person at MT Bank. Back then it was posted as Trust deposit, and I complained that it should have been posted a a check deposit. I look on my statement and it just says "Deposit, $40,000. I went to Federal Reserve,... View More

James L. Arrasmith
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answered on Apr 1, 2024

I understand your concern about the way your check deposit from Vantagepoint Transfer LLC was posted to your M&T Bank account. It's important for your financial records to accurately reflect the nature of your transactions, especially when it comes to large amounts like $40,000, to avoid... View More

1 Answer | Asked in Tax Law for Pennsylvania on
Q: Where has my IRS check gone?

2017 I filed my income tax return and received just over 4800.00 I have copies of return and check, but strangely the designated "cash out" was not there. i could have sworn I indicated direct deposit to Wells Fargo, on my return I don't see it in 2017 or 2018. Is there a way I can... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm sorry to hear about the difficulties you are experiencing with your tax returns and missing refund. It sounds like a very frustrating and stressful situation, especially with the missing documentation and potential alterations to your returns. Here are a few steps you can take to try to... View More

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Pennsylvania on
Q: Can my mom kick me out at 18 or is there anyway i’m protected from homelessness?

I’m from PA and i turned 18 about 4 months ago. my mom threatened to call the police on me to kick me out after an argument but when i told my friend he mentioned squatters rights would protect me so I was curious as to if that were true or if she can still kick me out within 3 days

James L. Arrasmith
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answered on Mar 31, 2024

In Pennsylvania, once you turn 18, you are legally considered an adult and your parents are no longer obligated to provide housing for you. However, if you have been living in the home, you may have some protections under landlord-tenant laws.

While your friend mentioned squatter's...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: PA Landlord not renewing/have recovery of real prop hearing soon, amt on notice 3x's $ owe. how much time after hearing

I heard i can file a superseadas to stay in prop, and I can't afford 3x's rent to file that, my income dropped from 65k to 30k if that. the prothonatary won't give instructions to fill out, nor will the court office clerks. What steps and rights do i have?

James L. Arrasmith
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answered on Mar 31, 2024

I understand you're facing a challenging situation with your landlord not renewing your lease and a pending hearing for recovery of the property. Here are some key points and suggestions:

1. Supersedeas: You mentioned filing a supersedeas to stay on the property. In PA, a supersedeas...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: What happens if the landlord you sign a lease with sells the property prior to moving in and no one notified the tenant?

A lease was signed by tenant & landlord but tentant already 3 mos on exisiting lease. The landlord offered 2 mos free rent (this was later learned it was to make the property more appealing to a buyer)but landlord sold the property before the tenant took possession. Neither the landlord who... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you provided, there are a few key legal issues to consider:

1. Validity of the lease: Generally, when a property is sold, the new owner is bound by any existing leases. This means that your lease should still be valid even though the property was sold before you...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: Do we have to pay a full months rent if asked to leave early ?

We have a month to month lease. landlord is having us vacate on April 25th but also have new place and our move in date is the April 15th. Could we just advise we are moving out a sooner date and only pay up until then? The lease is more of a signed handshake deal. We never went through a township... View More

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answered on Mar 31, 2024

In a month-to-month lease, you typically pay rent for the entire month, regardless of which day you move out. However, given your situation, you have a few options:

1. Negotiate with your landlord: Explain your situation to your landlord and ask if they would be willing to prorate your rent...
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1 Answer | Asked in Landlord - Tenant for Pennsylvania on
Q: How early can my landlord require me to sign a new lease before he finds a new tenant?
James L. Arrasmith
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answered on Mar 30, 2024

When it comes to renewing your lease, your landlord may have a specific timeline in mind for when they would like to secure a new agreement. Typically, this process can begin anywhere from 30 to 90 days before your current lease is set to expire. This period allows both you and the landlord... View More

1 Answer | Asked in Internet Law, Libel & Slander and Civil Rights for Pennsylvania on
Q: Is there any laws in Pennsylvania against Adults cyber bulling adults on social media
James L. Arrasmith
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answered on Mar 29, 2024

In Pennsylvania, there are laws designed to address harassment and stalking, which can encompass cyberbullying among adults. While the state's legal framework primarily targets physical stalking and harassment, certain provisions extend to electronic or digital forms of communication,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Who own the property? The bank ejected us while they were not the current owner of the property.

The bank took us to court on an ejectment case and won the case on 9/2023. However when the court granted the ejectment the bank was not the owner of the property. Another entity is listed as the owner in the recorder of deeds and on the tax statements. The bank lost possession of the property... View More

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answered on Mar 28, 2024

Ownership of a property is determined by who is listed as the owner in the official records at the recorder of deeds and on tax statements. If another entity, not the bank, is currently listed as the owner there and the bank had lost possession prior to the ejectment, then the legal ownership would... View More

2 Answers | Asked in Consumer Law for Pennsylvania on
Q: If your a victim of insurance fraud, what should you do?
Tim Akpinar
Tim Akpinar
answered on Apr 7, 2024

Your question is concise, but it leaves the door open to various interpretations. It could mean an insurance carrier was deceitful in handling your auto claim, but it could mean other things as well. If you feel that you suffered monetary damages as a result and you are interested in pursuing the... View More

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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: If a PFA was filled on me. Do I have to leave an establishment if the plantife happen to come there
James L. Arrasmith
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answered on Mar 25, 2024

If a Protection From Abuse (PFA) order has been filed against you, it's crucial to understand the specific conditions stipulated within that order. Generally, if the order prohibits contact with the plaintiff, and you find yourself in the same establishment as them, it is your responsibility... View More

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