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Pennsylvania Civil Litigation Questions & Answers
1 Answer | Asked in DUI / DWI, Civil Litigation, Civil Rights and Small Claims for Pennsylvania on
Q: Licence Suspension 18month turned 3+yrs.Judge ruled due 2 Clerical Error.I suffered financial&health damage.What to Do?

Bucks County Clerk of Courts makes error turns my suspension from 18 months to 3+ year suspension failed to verify jail time w/ Penndot despite me completing everything & probation. I purchased used car,insurance,interlock,inspection etc. Denied Licence went back & forth over 2 months w/... View More

James L. Arrasmith
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answered on Feb 1, 2024

Given the circumstances you described, it may be possible to pursue legal action for the losses and damages you have incurred due to the clerical error and the extended license suspension. To do so, you should consider the following steps:

1. Consult an Attorney: Reach out to an attorney...
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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Pennsylvania on
Q: custody, bucks co. PA what pleading should i file after custody hearing officer's recommendation before it becomes order

we had signed agreement in Aug, 2021 for shared custody in bucks co, pa. My ex filed emergency petition to modify based on false allegations ( i have a proof). We had custody officer hearing , did not agree and i asked to see the judge. we saw the judge , it was also called conference. I did not... View More

Peter Christopher Lomtevas
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answered on Jan 30, 2024

Pennsylvania family law cloaks the process to make it appear fair, equitable and just. Nothing is farther from the truth.

Family law structures custody proceedings to occur before an under-judge called a "conciliator." This is mediation ordered to have the parents reach a...
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Q: can you do owner retain from a totaled loss in pa
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for three weeks. If a policyholder chooses to keep the vehicle, the carrier will usually work out a separate set of figures based on salvage value if vehicle is declared total loss. But this is a general process; each state... View More

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Pennsylvania on
Q: If I'm being sued for,more than the maximum amount that a court of common pleas can give what happens?

I'm being sued in Pennsylvania for 16000 dollars and I read that the maximum amount you can sue for in the court of common pleas is 12000

Daniel Edward Mueller
Daniel Edward Mueller
answered on Nov 7, 2023

You may be thinking of the Magisterial or Municipal courts. The jurisdictional limit in the Magistrates and Municipal Courts (small claims divisions) in Pennsylvania is $12,000, including attorney's fees. (It does not include post-filing interest and court costs.) If the case is over $12,000,... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Who can help me if I’m dealing with a legal system that has maliciously prosecuted me?

Criminal case and can’t get any help in my area. The area I live in is corrupt when it comes to the law and unfortunately I need help please.

T. Augustus Claus
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answered on Oct 25, 2023

Pennsylvania Innocence Project

American Civil Liberties Union of Pennsylvania

Legal Aid of Western Pennsylvania

Philadelphia Legal Assistance

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

2 Answers | Asked in Civil Litigation and Consumer Law for Pennsylvania on
Q: Can you recommend a law firm who would take my case probono? I live near Philly, PA. Should I sue them or counteroffer?

A fortune 500 company charged me almost $800.00 for a cell phone I had returned almost a year ago. Apparently, the store manager who I gave my cell phone to, either sent it to the wrong location or did not follow the proper procedure to return my phone to the warehouse.

I have since been... View More

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

While I doubt an attorney would handle a small consumer claim on a pro bono basis, my first question would be how do you calculate $20,000 in compensatory damages based on what happened? Is the fair market value of the missing phone $20,000? Was there some sort of trade secret saved in electronic... View More

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3 Answers | Asked in Civil Litigation, Estate Planning, Landlord - Tenant and Probate for Pennsylvania on
Q: Can an executor of a will evict family members from a house? Need to sell.

The owners have passed away, family members refuse to leave but have not paid bills, I had to pay in order to keep utilities on. The house has been left to me and I am also the executor of the will. I need to sell the property, in order to sell it they need to move out so I can clean and get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 2, 2023

I see no impediment to the Estate's immediate right to possess the real property, and you are, as Executor, the voice of the Estate.

So yes, especially given that you are the heir to the home property, your request for eviction, for at least the given reasons, should be honored.

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3 Answers | Asked in Foreclosure, Civil Litigation and Civil Rights for Pennsylvania on
Q: How can I move my civil case forward when judge stated that the case is not yet close
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 5, 2023

I've seen two methods of litigation concerning mortgage foreclosures: the first is foreclosure of the mortgage after due notice of acceleration of the debt evidenced by the Note, and the second is to sue on the Note alone, with the Mortgage reserved for post-judgment relief.

Assuming...
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1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Litigation for Pennsylvania on
Q: can a company lie about their starting salary online?

Im applying for a job at 31.80$ an hour. After passing the interview and the day before orientation I notice on the website they had changed it online to 22$ a hour. If they try to change it when I go to orientation tomorrow can I sue?

Timothy Belt
Timothy Belt
answered on May 24, 2023

No you cannot sue. An employer has to pay at least minimum wage, that's it. They can even reduce the pay for existing employees if there is no contract with proper notice.

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: If I prove a surveyor committed perjury on his Affidavit used in a property dispute will the ruling be overturned

I am filing complaints with the WV Board of Professional Surveyors and the Registration of Engineers. A local surveyor lied and committed perjury on his Affidavit entered as evidence in my property dispute where I was the defendant.

I have Solid proof. This surveyor had to determine what... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Be aware that a mistake is not perjury.

You may or may not be able to reverse the judgment depending upon whether you had the affidavit before the judgment was rendered and whether you had access to the information showing the error.

The general rule for a motion for new trial based...
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1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: What type of lawyer would take a case of landlord harassment, vandalism, potential voyeurism, which is all recorded.

Multiple audio recordings, video recordings, and messages which substantiate harassment, vandalism, terroristic threats, voyeurism, and so on. Need an attorney who will take on the case I don't care about the money just want accountability. He owns multiple homes which should be a big enough... View More

Peter Christopher Lomtevas
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answered on Mar 31, 2023

This is a classic question that has the typical components of a losing case: the asker inquires about the "type" of lawyer, there is a claim of landlord harassment, there are multiple recordings to serve as "proof," and the asker wants "accountability" and not money.... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: What type of lawyer would take a case of landlord harassment, vandalism, potential voyeurism, which is all recorded.

PLEASE DONT GIVE ANY QUIRKY ANSWERS LIKE THERE IS NO HOPE, IF ALL PEOPLE WERE SO NEGATIVE, WE WOULD HAVE NO RIGHTS OR LIBERTIES, SINCE NO ONE WOULD HAVE THE AMBITION TO EVEN ATTEMPT TO FIGHT !!!!! THANK YOU. ALSO THIS MAY FALL UNDER MULTIPLE CATEGORIES, SINCE IT IS INDEED, NEGLIGENCE ON THE... View More

Peter Christopher Lomtevas
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answered on Mar 31, 2023

This is a classic question that has the typical components of a losing case: the asker inquires about the "type" of lawyer, there is a claim of landlord harassment, there are multiple recordings to serve as "proof," and the asker wants "accountability" and not money.... View More

1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Civil Litigation for Pennsylvania on
Q: In Pennsylvania..if I'm only one on deed but another person on mortgage can I sell the house?

The mortgage payments have been getting paid I just want to get away from the person and rid of house ..

David Kennedy Bifulco
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answered on Feb 27, 2023

Short answer is that a mortgage must be satisfied before you sell the house or satisfied at closing. If the mortgage is not satisfied the purchaser will be buying the house subject to the recorded mortgage lien. Please feel free to call my office if you have additional questions.

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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Pennsylvania on
Q: After obtaining a winning judgement in a civil case in PA, can I get a lawyer then and add those fees to the judgement?

I recently sued my landlord in small claims court in PA for double my security deposit and won because they didn't even bother to respond to the case. I'm currently waiting for 30 day appeal period to end and as I've been preparing for any possibile appeal or learning how to collect... View More

Nellie T Schulz
Nellie T Schulz
answered on Feb 22, 2023

Unfortunately, the amount of the judgement can’t be increased after the judgement has been issued even if it costs you to collect the judgement.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Car Accidents and Civil Litigation for Pennsylvania on
Q: Good Morning, I would like to know about the compensation that i was awarded previously
Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. This sounds like something your attorney would know best if you were represented in the case. You could call your attorney's office and check with them. Also, if you have a folder with closing documents... View More

1 Answer | Asked in Family Law and Civil Litigation for Pennsylvania on
Q: What can I do if my wife has a PFA but we get back together? How does she drop it.she died from heroin and had change of

Heart still don't know if I can trust her..but it seems like she really wants to.....I don't know..help us put this behind us without anyone going to jail plz.

Peter Christopher Lomtevas
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answered on Dec 15, 2022

Playing with government is playing with fire. Once the woman gets a protection from abuse order, the targeted man can be arrested at any time whether he behaves well or not with the woman. Either the woman can dial 911, or someone else who knows of the PFA can dial 911. The charge is contempt of... View More

3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
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Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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