Pennsylvania Civil Litigation Questions & Answers

Q: Actually my husband told me to post the question given our lawyer had been compromised...by the judge.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows your case, all of the factual details, etc. Without knowing *anything* about your case, the best I can suggest is that you request an office meeting with your present attorney if you're not satisfied with his...

Q: My dad passed away in 2005 and left my 2 sisters and I heirs to his estate in Arizona..there are 2 parcels of land ..

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Jan 13, 2019
Kelli Y Allen's answer
It depends on what type of ownership you have. Consult a real estate attorney in Arizona to determine your rights to dispose of your portion of the property.

Q: Correct PA Commonwealth statute for the Civil Complaint that follows? Title 18, Chapter 35, Section 3503(b.1)(1)(iii)

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Dec 2, 2018
Cary B. Hall's answer
You're citing a criminal statute, but talking about bringing a civil suit. Two completely different animals, and you're going to have to pick one.

I suggest you contact the local police to inquire about bringing criminal trespass charges against your neighbor. They may, and they may not. If the cops won't charge (because they believe it's a property dispute best left to the civil courts), then you can consider whether or not to bring a civil lawsuit against your neighbors seeking...

Q: Do we need an eviction notice if it’s our own daughter living in our rental w/ no written rental agreement?

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Dec 1, 2018
Elizabeth Tarasi's answer
Send her notice and let her know you are evicting her and storing her possessions and she will be responsible for the storage charges.

Q: Can she take me to court?

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Nov 21, 2018
Cary B. Hall's answer
Anyone can sue anybody in court for anything. The question is, do they have a good case?

From the few details you've shared, it sounds like her case -- if any -- would be against your landlord, and not you. If she files an action in court, however, you'll have to go to court and tell your side of things to the judge. Don't miss the court date or she'll get a default judgment against you for your failure to appear!

I also see that you're asking your question from Maryland. If...

Q: Who do I contact when someone is repeatedly filing false reports with CP's against me in Pennsylvania?

1 Answer | Asked in Criminal Law and Civil Litigation for Pennsylvania on
Answered on Nov 5, 2018
Cary B. Hall's answer
Well, the problem is that you don't know who made the reports against you -- Children & Youth/Child Protective Services don't (and won't) tell you that. You might think you know who it is, but you won't get confirmation of it from the agency. And it'll be somewhat difficult to prove unless the person admits it to you or someone else.

So that makes it pretty difficult to file any charges or bring any action against such a person. And as far as I know, there isn't one person or entity...

Q: if i give a contractor money to do a job and he fails to do the work what can i do? i dont have a contract

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
You ask him to return the money--hopefully you paid by check and/or got a receipt. Take him to small claims.

Q: My belongings are being held hostage until I return a phone that was a gift. Can I involve cops

2 Answers | Asked in Civil Litigation for Pennsylvania on
Answered on Oct 25, 2018
Elizabeth Tarasi's answer
The police will tell you that it is a civil matter. You can bring a Law suit at the magistrates office for the return of your property.

Q: cops have continuosly falsely reported to cyf there was a drug lab in my home when therewas not.is that illegal to do???

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Libel & Slander for Pennsylvania on
Answered on Oct 22, 2018
Cary B. Hall's answer
If true, then yes, you could probably file section 1983 litigation against them in federal court.

Best of luck to you.

Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Answered on Oct 8, 2018
Elizabeth Tarasi's answer
That is not usually how it goes. The judge will want all attorneys to enter their appearances.

Q: Looking for a PA Real Estate Attorney. I have a complete file and easy case of a builder who ignored engineering plans.

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Answered on Sep 27, 2018
Cary B. Hall's answer
If I had a nickel for every new client that came in with an "easy case" or a "slam dunk," I'd already be retired and living in Aruba. If it was so easy, that client could simply file the litigation him- or herself and proceed without an attorney, right?

The reality is that there are rarely "easy cases." Each case has its own set of facts and circumstances, and -- like an iceberg -- what we see at first usually misses the lion's share of what's really going on. My suggestion is that...

Q: whats the next step in serving someone who is avoiding being sued.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Pennsylvania on
Answered on Aug 31, 2018
Elizabeth Tarasi's answer
Did the appeal period pass? If it did file your judgment in the court of common please in your county. The execute on the judgment. Serve everything by regular mail and certified.

Q: Have been under agreement for over one month, was supposed to have settlement in 8 days and the seller backed out..

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Answered on Aug 30, 2018
Elizabeth Tarasi's answer
Read your agreement of sale it will set forth what your options are.

Q: My long term ex-boyfriend illegally kicked me out of the joint residence that we owned.

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Answered on Aug 29, 2018
Cary B. Hall's answer
Contact your local Lawyer Referral Service to get matched up with an attorney. The Allegheny County Bar Association almost surely has one, or can at least point you in the right direction.

As for "your share of the house," I think you'll be hard pressed to recover anything since you two were not married. But you may be entitled to other damages, so do continue on! Best of luck to you.

Q: My gram passed away, she left me some money. I lent that money to my mom, she spent it all, how can I get it back?

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Pennsylvania on
Answered on Aug 21, 2018
Cary B. Hall's answer
You may have to sue your mother in civil court -- although if she has no money in which to satisfy any civil judgment against her, all you'll be left with is the judgment paper itself at the end of the day. Perhaps she'd be willing to enter into some kind of repayment plan?

Best of luck to you.

Q: I sold a car to an acquaintance. We signed a contract for a payment plan, which she now refuses to pay. Can i sue?

1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Answered on Aug 16, 2018
Elizabeth Tarasi's answer
Depending on what is set forth in the contract. You should be able to sue her for breach of contract.

Q: E&O

1 Answer | Asked in Civil Litigation for Pennsylvania on
Answered on Aug 8, 2018
Elizabeth Tarasi's answer
E & O claims are difficult. You need clear evidence of the error or omission.

Q: I was wondering if i have a case with Dominos for making me wait 3 hours for my food delivery. Also more to story.

1 Answer | Asked in Civil Litigation and Products Liability for Pennsylvania on
Answered on Aug 4, 2018
Elizabeth Tarasi's answer
In a products liability case you need to have a duty, breach of the duty and damages. I’m not sure if pizza delivery gives rise to a duty. What are your damages? You would have to have damages in the six figure area to warrant the expense of litigation.

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