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Pennsylvania Civil Litigation Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Pennsylvania on
Q: Bank teller named as beneficiary and withdrew funds

I am concerned about a situation where the same bank teller named themselves as the beneficiary of an alcoholic's IRA and managed to make withdrawals when the individual was intoxicated and legally married. The individual has now passed away, leaving notes that are difficult to interpret.... View More

Anthony M. Avery
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answered on Feb 23, 2025

You might start by the Next of Kin calling the local LEOs in PA. Apparently proof may be difficult. The surviving Spouse should at least make the complaint. A civil suit for conversion and fraud will be difficult, but discovery might show how the teller accessed the monies without authority.... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Pennsylvania on
Q: Can a custody judge refuse a modification if it was agreed a civil law suit settlement?

Ex husband and my dad involved in altercation. Judge ordered my dad’s visitation from granddaughter be eliminated. Two years later, ex sued dad for pain and anxiety. His lawyer said if go to mediation, pay 6 figure amount and agree to counseling, he will restore dad’s visitation rights. Dad... View More

Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Jan 13, 2025

The judge is under no obligation to sign. Custody and visitation was not an issue that could have possibly been resolved in the civil lawsuit between your ex and your dad, as that suit did not have the child at issue in any legal way. The best that they could agree to was to go with a united front... View More

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1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: I have a default judgement against a company in Phila. Pa. The judgement was in Alabama how hard is it to collect

Default judgment for approx 5400.00 issued in Alabama for a company in Pennsylvania

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 21, 2024

All but a couple States have reciprocity with PA pursuant to the Uniform Enforcement of Foreign Judgments Act. (Another US State is deemed "foreign".)

Assuming your default judgment complied with the statutory procedure in Alabama, you can register your judgment in PA, serve your...
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1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: i won a settlement and i was sent a praecipe to settle ,discontinue and end. The defendant's attorney said they will

send the funds after i sign the praecipe and pay the legal costs. is this normal

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Pennsylvania attorney could advise best, but you await a response for three weeks. Until you speak with a local attorney - or better yet, your own attorney if you're represented, the form usually used to wrap up a case in most parts of the nation is a release. In my experience, I have not... View More

1 Answer | Asked in Civil Litigation and Collections for Pennsylvania on
Q: what should I do to get the full amount he owed to me, including the accrued interest?

Since October 2021, an individual has been indebted to me for $30,000, with a 10% monthly interest fee agreed upon by both parties. He failed to make any further payments after the first 2 months. Despite my numerous attempts to remind him of this obligation, he has not taken the necessary steps to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 14, 2024

With some statutory exceptions (e.g., Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). In simple terms, the law gives people who buy goods or services for personal, family, or household purposes a way to privately sue businesses for illegal behavior and even for... View More

1 Answer | Asked in Domestic Violence, Family Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: A Decade of Neglect: Mother Seeking Justice Against CYS for Failing to Protect Four Children. We Need Legal Advice!

In May 2022, Lehigh County CYS conducted an investigation into the father of my four children was deemed "valid" and subsequently closed, yet CYS failed to inform me of this matter. Then, in August 2022, he was arrested for DUI while the children were in the car. Despite numerous reports... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's understandable that you're feeling frustrated and desperate for justice given the decade-long neglect by Lehigh County CYS. To pursue legal action, gathering all relevant documents and reports from hospitals, schools, doctors, the police department, and the District Attorney will be... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for Pennsylvania on
Q: Help with Stipulation Resolving Adversary Proceeding as part of Bankruptcy 10 years ago

I have been paying the debt as per the terms of the Adversary Proceeding for 10 years now and have completed the amount requested ($250k + 5%). There is a balance of $150K that will be paid by a life insurance policy that has the debtor as the beneficiary.

The payments to the debtor have... View More

James L. Arrasmith
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answered on May 25, 2024

Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
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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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I had left my drivers license at a store and they called me and told me I could come and get it, by the time I went to

Get it they had shredded it, should they have to pay for it?

James L. Arrasmith
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answered on Jan 25, 2024

In your situation, where a store shredded your driver's license after notifying you to retrieve it, there are a few considerations. First, it's important to understand that while businesses often have policies for handling lost property, there is generally no legal requirement for them to... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I agreed to do some work for someone and Do a rent to own agreement for the work know they don't want to pay

I agreed to do the work for a rent to own agreement and when the agreement was written up it wasn't the same agreement that we talked about and know they don't want to pay me for my work

T. Augustus Claus
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answered on Jan 2, 2024

If you agreed to perform work under the condition of a rent-to-own arrangement and the written agreement does not reflect the terms you discussed, you may have legal recourse to seek compensation for your work. In Pennsylvania, contracts are generally enforceable if there is a meeting of the minds,... View More

1 Answer | Asked in Civil Litigation and Intellectual Property for Pennsylvania on
Q: Can I secretly record my blackjack play for my youtube channel in a casino in the states of MA, WV and PA? Public place?

Im not sure since the casino already records us and its a public place but its also a two-party consent place. The people already know they are being recorded because its a casino. So because that's implied is it okay if I record? What if I record and blur their faces does that make it legal etc?

James L. Arrasmith
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answered on Dec 14, 2023

Recording your blackjack play for a YouTube channel in casinos in states like MA, WV, and PA involves several legal considerations. First, it's important to understand that casinos, while public places, have their own rules and policies about recording inside their premises. The fact that... View More

1 Answer | Asked in Family Law, Civil Litigation, Communications Law and Small Claims for Pennsylvania on
Q: Can someone ask the court to issue a subpoena for their own phone records in Philadelphia, PA?

I am a private investigator. My client's son is classified as an endangered missing adult. He vanished on October 23, 2023, has never gone missing before and has a mental health condition that meets the criteria for "endangered." My client resides in Philadelphia, Pennsylvania, while... View More

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

Generally speaking, once litigation is commenced, attorneys have subpoena power. They can subpoena 3rd parties for information they can't otherwise get. In your situation, I see no reason a subpoena couldn't be issued for the records you need and since the phone is in your client's... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: Is this cause for a lawsuit?

We parked in a lot for a Steelers football game. It looked legit but the parking lot attendant taking money did not own the lot. We went to get our car and it was towed at our expense. The fraud lot attendant did get arrested and we were told that after their trial we would get refunded the money.... View More

James L. Arrasmith
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answered on Dec 4, 2023

In this situation, considering a lawsuit is understandable given the inconvenience and expense caused by the fraudulent parking lot attendant. The fact that the attendant was arrested and a promise of refund was made indicates acknowledgment of the wrongdoing.

For a lawsuit, you would need...
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1 Answer | Asked in Consumer Law, Tax Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Tow Company sold my vehicle and possessions with no notice and no title change. What can I do?

Was in a minor vehicle accident which led to a tow company towing and subsequently storing my vehicle. When I called to find out about retrieving my truck and personal property within, I was told that they sold the truck to a local fire co for use in a training exercise and then it was scrapped.... View More

James L. Arrasmith
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answered on Dec 1, 2023

In this situation, it appears that the tow company may have violated certain legal procedures. Generally, tow companies are required to provide notice before disposing of a vehicle, and they must follow specific protocols for the sale or scrapping of vehicles, including handling any personal... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Pennsylvania on
Q: Is there a law in PA courts governing the time it takes for the defendant to prepare the release form?

From the time and amount has been agreed upon is there a hard rule on how much time the defendant has to present the release form to the winning party?

Tim Akpinar
Tim Akpinar
answered on Feb 1, 2025

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney involving specific regulations, I'm not aware of strict procedural timetables when it comes to releases as a general matter nationwide. In general,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Is there a procedure a local government has to follow to condemn someone's house

Is it procedure to condemn without due process or anything filed is the court?

James L. Arrasmith
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answered on Jan 13, 2025

When a local government considers condemning a house, there are specific procedures that must be followed. Typically, this involves inspections to determine if the property violates health or safety codes. Homeowners are usually given notice of any issues and an opportunity to address them before... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Health Care Law for Pennsylvania on
Q: I need a lawyer to attend a mental health meeting. Patient is IDD and Autistic and everyone is violating his rights.

Ignored POA, proceeding to ask questions and have him sign paperwork he can’t read or write and with his disabilities he doesn’t understand and will agree to anything. And now they want to place him in a group home against his wishes. Also he has been denied the supports ( blended case manager,... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're experiencing this situation. It's important to find a lawyer who understands disability rights and can advocate effectively for your loved one. You can start by reaching out to your local bar association, which often has referral services to connect you with... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Landlord - Tenant for Pennsylvania on
Q: Is it illegal for my roommates to intercept and return my mail to senders, claiming I no longer live there?

I still physically reside at the address that is my mailing/billing address. I have for years. My roommates want me to move out and have refused to give me access to the mail that is delivered, the mailbox key, and have returned every letter and package I have gotten for the last year or two. They... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation with your roommates. It must be very frustrating to have your mail consistently intercepted and returned.

Interfering with someone’s mail is generally against the law. In many places, tampering with another person's mail can lead...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: When Does a Guest Become a Tenant in pennsylvania without a lease and what rights do they have?
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answered on Oct 19, 2024

In Pennsylvania, a guest typically becomes a tenant when they stay in a property with the landlord’s permission and establish residency. This can happen if you live there for an extended period, contribute to household expenses, or have exclusive use of part of the property. Without a formal... View More

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