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Pennsylvania Civil Litigation Questions & Answers
2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 31, 2022

It sounds like a scam. I'd ignore it. If its a scam, there is no lawsuit and never will be. Moreover you have to be served with the complaint and summons by someone authorized by Pennsylvania law to do so. Relax and enjoy Halloween night.

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1 Answer | Asked in Personal Injury and Civil Litigation for Pennsylvania on
Q: I hired a lawyer and he submitted all my documents late and we lost. What can I do?

Long story short, I tried to answer a complaint filed towards me by myself but apparently I didn’t answer it correctly. So I had 20 days to submit an amended answer and I hired a lawyer. Many lawyers said they couldn’t get the answer in in time so I didn’t hire them. One firm said they could... View More

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. In terms of your question about what you can do, one option is to review the file with an attorney. It would be difficult for any attorney to offer more detailed insight than that without seeing the file and... View More

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Pennsylvania: Can a landlord force you to sign a new lease after signing the lease renewal request three months earlier?

I signed a lease renewal request form in November that obligated me to the prior lease agreement. The lease renewal was for 24 months with "all other lease terms will remain the same." This month, my landlord sent me a new lease and stated that I must sign it with the addendums. The new... View More

Nellie T Schulz
Nellie T Schulz
answered on Mar 2, 2022

It may sound as though the lease renewal request document limits the changes that could be made to the actual lease renewal, however, a definitive answer can’t be given unless the existing lease, the lease renewal request, the proposed new lease, and any interim correspondence between you and the... View More

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1 Answer | Asked in Civil Litigation and Land Use & Zoning for Pennsylvania on
Q: Selling my house. Neighbor recently built on my right of way

I did file suit against township. Was told it’s a civil matter. They do no have enforcement

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

You need to file suit against the neighbor. They can't build on your property. You need to survey it, then you can say it's truly on your line.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: my mother in law lived on our property for free and is now suing us for the deed. Does she have a case?
Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

You need to hire an attorney. This isn't d.i.y., and a good attorney can hopefully get it dismissed.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: We bought a house and sign Wednesday. There was previous tenants with no lease but junk everywhere? What can we do?

We are purchasing a property on Wednesday. The previous tenants were friends of the owner but had a falling out. There was no written agreement and they have moved everything in the house out but still have old junk cars and tires everywhere. When we sign on Wednesday do we consume ownership of... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

You can decide not to go through with the sale if your agreement of sale says the seller has to get rid of stuff. Or you can ask for an adjustment in price because you have to get someone to haul off the cars. You need to have the seller state that he has notified them and accepts any claim the... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'm suing a corporation. How long do they have to hire an attorney?

PA Common Pleas Court requires that a corporation has to be represented by a legal counselor. I just ended my Discovery time and now we are into their discovery time. Since an attorney is required by the law to represent a corporation, the owner of the corporation can't request anything from... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The corporation as a defendant has a right to request things from you. If you think those are beyond the scope of discovery, then object or file a motion for a protective order. At that time you can bring up to the judge that the corporation (if it's not a partnership) should have an attorney.... View More

1 Answer | Asked in Family Law, Civil Litigation and Juvenile Law for Pennsylvania on
Q: How can I be granted emancipation as a pregnant minor under 18?

If I am pregnant and just under the age 16 can a marriage license be granted by a judge if me and my partner are financially stable, have transportation, and a house?

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

Depends on the age of the partner. A judge may grant a marriage license but it has to be shown to be in your best interests and the parents need to consent.

https://www.inquirer.com/philly/news/child-marriage-laws-age-requirements-pennsylvania-metoo-20181005.html

1 Answer | Asked in Arbitration / Mediation Law, Car Accidents and Civil Litigation for Pennsylvania on
Q: Is there a time limit to be served in PA.

I received a Court of Common Pleas Civil Cover Sheet today with the complaint from attorney attached. (Arbitration Matter) for my car causing damage to a building on Aug 13 2018. Paperwork is stamped Aug 11 2020. I received this notice from a sheriff today. I know they are within the 2 year statue... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2021

This is what you pay car insurance for. Notify the adjuster of the company who insured you back then. Get their address, fax, claim number; fax them a copy and send them a hard copy, certified return receipt. They should give you an attorney and they will file what are called preliminary... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I'll have a default judgement filed against me. Are they allowed to attach my bank account? I live in Pa.
Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2021

Yes but they have to get a writ of execution. You need to repoen the default and show you have a defense.

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: The judge decree a hearing for disputed facts regarding a petition to open the full judgment and then deny the petition?

I was granted a motion for extraordinary relief, extending time for me to petition to open a default judgment. The judge decreed that it would be a continuance followed by a hearing. Before the decreed hearing date, the judge issued an order denying my petition to open the default judgment despite... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

You may be assuming that the hearing allows you to "fill in the gaps. " if you didn't put all that into your motion, with an affidavit, then the judge may have decided you didn't meet the requirements.

Or, you may not have stated why you didn't respond to the...
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Q: Neighbor filed a municipal complaint stating that I'm harassing her because I called police regarding noise& loud party
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the complaint. Chances are it says more. You need to respond to the complaint.

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I need to know if I can sue for emotional distress with a small claims lawsuit.

My ex and I split up and there were pfas involved. He had all of my belongings in his house as I had lived with him. He finally put my things in a storage unit but only gave back what he wanted to give. I am opening a small claims law suit and have receipts for almost everything except for what was... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 22, 2021

You can seek emotional distress damages, however you must be able to prove it and show that it is a recoverable damage. Seeking emotional distress damages based on having to start over and buy things that you already bought may not legally be a recoverable damage and/or a a cause of action. You... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: I own a small cleaning co. After cleaning a clients place she called complaining of few things, and refuses to pay

I told her why it was incomplete, one of my crew saw a bug, what she thought to be a roach, but i offered to come back 3 times to finish,, she ask for pic and i sent her a pick from google that my cleaner said it looked like, she did a reverse google and said i lied and faked it,, but i also saw a... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

You are entitled to be paid for the work that you did. Even if it's half a job, you're entitled to half a job.

Your choice--is it worth taking her to small claims or not?

Next time: you see something, photograph it at the time.

All the best.

2 Answers | Asked in Civil Litigation, Probate and Estate Planning for Pennsylvania on
Q: My dad died Aug 17th 2019 and I just found out that my dad left me monies but I think my brother and sister stole what

What was left for me can I get it back or is it too late to do anything

Michael Cherewka
Michael Cherewka
answered on Jan 25, 2021

You will really need to sit down with an experienced estate attorney to review what has happened so far. Since dad died in 2019, you should have been formally notified whether an Estate was going to be opened. If dad had a Will you would receive Notice that an Estate was opened and you were a... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... View More

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: Do I have to provide opposing counsel with documents that have nothing to do with the pending case.

My case is for equal pay and retaliation and now after providing excessive amounts of documents, opposing counsel is requesting access to all of my medical records. There is nothing medical related to the case therefore do I have to see sign the HIPPA release?

Timothy Kraeer
Timothy Kraeer
answered on Nov 11, 2020

Typically, you do not need to provide medical records if your medical condition is not part of your claim. Realistically, an attorney would need to know more about your case to determine if there is any reason to obtain your medical records. If you do not provide a signed HIPAA authorization, they... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... View More

Nellie T Schulz
Nellie T Schulz
answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Pennsylvania on
Q: How does one find contingency lawyer?. I'm pro se in Federal civil rights case. Judge/neutral evaluator agree strong

I'm the plaintiff in a current case against a municipality, the judge and the nuetral evaluator have suggested that I find a contingency lawyer as I have a strong case. We are currently in the process of filing depositions. Held in the Western District state of PA

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2020

A Pennsylvania attorney could best guide you, but your question remains open for four weeks. You could use the Find-a-Lawyer tab above to find someone, or you could search online independently. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Real Estate Law for Pennsylvania on
Q: My elderly parents are in a volatile situation. They entered into an occupancy agreement that involves a substantial

amount of money to be paid back to them. We plan on moving them out within a few days to a better place. There is an occupancy agreement involved. The agreement states that they need to notify the owner of their plans on moving. And owner will have to pay them back within a year from the notice... View More

Mark Scoblionko
Mark Scoblionko
answered on Aug 22, 2020

You should consult with a lawyer, who would undoubtedly want to review the occupancy agreement.

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