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Pennsylvania Civil Litigation Questions & Answers
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.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: My grandson is being kept in a state that is not in this jurisdiction and they are out of their jurisdiction can you hel

My question is is there any Pennsylvania attorney that knows what to do when it comes to asking for a writ against the subordinate that is trying to exercise jurisdiction and a sister state such as New York versus Pennsylvania when we should be all on the same page I’m not receiving any phone... Read more »

Cary B. Hall
Cary B. Hall answered on May 8, 2020

Sounds like you need to talk to an attorney ASAP - you can't possibly explain everything here online.

Find an attorney, and schedule a phone or video appointment. If you don't know one, try here: http://www.fcls.net/home.aspx.

Best of luck to you.

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for Pennsylvania on
Q: How do I go about filing claim against Purdue Pharma. Before they claim bankruptcy?

I was prescribed 12 - 80mg. OxyContin per day for years and I actually got my script mailed to me each month through a uninsured program.

Tim Akpinar
Tim Akpinar answered on May 4, 2020

Reach out to attorneys who handle pharmaceutical/product liability cases. They tend to be the larger firms that handle class action and multi-district injury litigation. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Health Care Law for Pennsylvania on
Q: I had been to a counselor in March of 2019, and received a bill in March of 2020. Is there a statute of limitations.

I heard nothing from them for a year, I have no idea why they are billing me, and have not contacted. I received another statement in April. Am I legally responsible to pay them? What is the best way to handle this.

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

Did you have insurance? Is this because of a copay or deductible? Was there a denial of claim? The statute of limitations for most contract claims (and you may well have signed an agreement to pay) is 6 years in Pennsylvania. So yes, you have to pay attention to it. Start by finding out why and... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Pennsylvania on
Q: I stay in an apartment in Pittsburgh, PA. The property owners are not providing certain services. Can I withhold rent?

These services are clearly mentioned in the lease. I want to withhold 200$ from my rent.

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 6, 2020

If it is in the lease, send your landlord and reference the language in the lease. Advise them that if they do not provide the service you will hire someone to perform the service and deduct the cost from the rent you pay.

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Q: Can my old criminal history be used against me in a civil trial if I take my neighbor to court for noise violations?

I have a criminal history that involves several incidents of various identity theft crimes, some of which were felonies. It was resolved 10 years ago when my parole ended. After trying mediation with my neighbor he still allows his dog to bark incessantly every day for hours. I have PTSD from my... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 31, 2020

Why don't you just contact the police about the dog disturbing the peace? Let the cops handle it, and tell them you want to file charges against your neighbor.

To answer your question, however, your criminal history would only be relevant as to "crimin falsi" convictions --...
Read more »

1 Answer | Asked in Foreclosure and Civil Litigation for Pennsylvania on
Q: My Mom was served a civil action mortgage foreclosure on her dead son’s home. He was single/no kids. Must she respond?

She has no money, is on disability, and lives check to check. My step dad and little brother were also named in the paperwork. What should we do! They have no interest in the home and wouldn’t qualify to finance anything.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 13, 2020

All states have "intestacy statutes", determining how a decedent's property will be distributed, and to whom. You don't say where the property is located, which would determine which state's law would be applicable, as to that property. The foreclosing creditor most... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: When you get a mortgage in PA, is the mortgage company always listed on the deed
Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 6, 2020

No. The mortgage is recorded and is indexed on the property and the person who took the mortgage on the property.

1 Answer | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Pennsylvania on
Q: What to do when a verbal agreement surrounding custody isn't being honored?

A friend of mine made a verbal agreement with the father of her children to get away from his abuse. He told her that if she gave him full custody and let him keep the house that he wouldn't contact her in any way including child support. She wanted the details of the agreement added to the... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 9, 2019

She can immediately file for custody -- and should. She should also consult with a good family law attorney as well to discuss her various options and plot her next move(s), including about dealing with the house situation.

Feel free to pass my name along to her and have her contact me....
Read more »

1 Answer | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: Breach of verbal contract from 10/18

Investment to buy vehicle and flip for sale within a couple months. As of 12/19, vehicle still not up for sale and repairs completed. Contract via phone, one party in Blairsville, PA the other in Pgh, PA. Need advice on which county for filing.

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 1, 2019

File where the r transaction occurred. Sounds like either place.

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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Mark Scoblionko
Mark Scoblionko answered on Nov 28, 2019

A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be.... Read more »

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1 Answer | Asked in Civil Litigation and Contracts for Pennsylvania on
Q: My contractor was a no show in small claims even after a countersuit. I was awarded $9k...what should I expect now?

I paid half of a $21k contract. The contractor did subpar work and did not finish. Curious if he will just appeal the ruling?

Elizabeth Tarasi
Elizabeth Tarasi answered on Nov 18, 2019

The contractor has 30 days to appeal from the judgment. He may not appeal and he may not pay the judgment. You can try to execute on the judgment. If he has no money or assets the judgment will be hard to collect.

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: We sold a vehicle privately and now payments have stopped. Been to the magistrate already. What’s the next step?

We filed a suit when payments stopped, defendant showed up to magistrate office and we were told to talk things out since he openly said he still owed the balance (around $3500). Promised to pick up on payments but we haven’t heard from him again. Tried contacting buyer on several occasions. We... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 16, 2019

Go to the magistrate again. Get a judgment and ask for the vehicle back.

1 Answer | Asked in Civil Litigation and Criminal Law for Pennsylvania on
Q: Is there a statute of limitations for someone showing my child porn?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

If it is pornographic images you created, generally no--and if the showing is online you have federal issues as well. If you mean images of you, taken when you were a child you have a number of legal avenues starting with reporting them to the Police and the FBI. You can also sue the individual.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Pennsylvania on
Q: Can I walk my dog with a leash on public school property if I am not near any of the kids or school is out?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Depends on the property owner--in this case the school board. The public is allowed on school grounds subject to the rules of the school. For instance, you can't just wander into a school. So it is with the grounds.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Construction Law for Pennsylvania on
Q: Can i sue the Civil engineer/Architect for fees paid if they fail to deliver the approved plans?

The plans by Civil Engineer and Architect have not been approved by the city as they do not meet codes. I have paid them in full and they are not making any attempts to rectify the issue. I would like to get back the fees I have paid and compensation for my wasted time. What practice area lawyer... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 10, 2019

A trial attorney or litigator.

2 Answers | Asked in Business Formation, Business Law and Civil Litigation for Pennsylvania on
Q: Are non-shareholders allow to attend shareholders meeting where budgets and other pertinent information are discussed.
Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

Why would they be, if it's not open to the public? Much of that information may be gleaned from annual reports, and other public documents.

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2 Answers | Asked in Business Formation, Business Law and Civil Litigation for Pennsylvania on
Q: Send the copies of my passport and certificate of incorporation to potential investor ?

I am building my startup and I found an investor for my business (incorporated as LLC in PA, USA). Investor said that the deal will be done on the basis of equity financing. And now he is asking me to send the copies of my passport, certificate of incorporation, memorandum and articles of... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 23, 2019

The articles of incorporation, memorandum and articles he should be able to get himself from the Pa Corp Bureau.

Passport?? I would question this.

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1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Pennsylvania on
Q: A Pittsburgh Police Officer told me that a Priest serving in a Confessional is serving in a public capacity. Rec.allowed

Is recording one's Confession allowed in PA without the Priests consent even with the following considered?

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Pennsylvania is one of twelve states that upholds two-party consent for communications recording. To secretly record a conversation with consent from only one party... Read more »

Gary Kollin
Gary Kollin answered on Jul 20, 2019

No

1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Q: In PA, can you sue a parent company when a local branch of the same company, an independent contractor, harms you?
Nancy L Lanard
Nancy L Lanard answered on Jul 19, 2019

There isn't enough information provided to actually answer this properly. If the local branch is a franchisee typically you cannot go after the franchisor. However, more facts are needed to truly respond properly.

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