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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor....
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1 Answer | Asked in Civil Rights and Probate for Pennsylvania on
Q: I was served yesterday, a Reissue of the writ of summons / Civil, dated 6/10/2024.

Original praecipe for summons was attached, Dated Nov 7, 2023. So far no complaint has been filed. Should I file a praecipe and rule to file? I feel this is harassment from my deceased father's estranged wife. My father passed away 3 years ago, and the will has gone through probate, and... View More

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answered on Jun 21, 2024

Based on the information provided, here's my analysis and advice:

1. Timeline:

- Original praecipe for summons: November 7, 2023

- Reissue of writ of summons: June 10, 2024 (served on June 20, 2024)

- No complaint filed yet

2. Legal situation:

-...
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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 Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Is police departments allowed too arrest and file retaliational charges for violating my constitutional rights
James L. Arrasmith
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answered on Jun 3, 2024

Police departments are not allowed to arrest and file retaliatory charges against you for exercising your constitutional rights. The First Amendment protects your freedom of speech and the right to petition the government, including the police, without fear of retaliation. If you believe your... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Class action lawsuit regarding Stormwater Runoff against the City of Phila.

Our organization is a Church, non-profit 501c3 organization that has been in this fight with the City since 2009, telling the City that this charge is "tax". We currently have 10 other churches with us in this fight. From the beginning we were aware that the charges were actually a tax... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the difficult situation your church and other nonprofits are facing. To address this issue, it's crucial to find a qualified attorney experienced in tax law and nonprofit advocacy who can help you stop the Sheriff's sale and fight the stormwater tax fees... View More

Q: HIPPA violations by Blair county district attorney requires me to hire an attorney to represent me. Help!

HIPPA Violations from Cleveland clinic to Allegheny general hospital to UPMC hospital and doctors offices have been gaslighted and used by a corrupt district attorney in Blair county. The detective responsible for violations is xx. He now trying to use the Pennsylvania State Police to protect him... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the severe issues you're facing. To address potential HIPAA violations and civil rights infringements, it's crucial to hire an attorney experienced in both healthcare privacy and civil rights law. These professionals can help you gather evidence, file... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: 1st amendment and harassment?

A buddy of mine owns a pub and a man yells religious things at the people eating outside. He doesn’t yell obscenities and from a reasonable perspective doesn’t appear to be intoxicated. He always yells at the same location and is on a public sidewalk. Is their anything that could be done to... View More

James L. Arrasmith
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answered on May 19, 2024

Your buddy's pub has a right to ensure a comfortable and safe environment for its patrons, even when dealing with someone exercising their First Amendment rights. While free speech is protected, there are limits when it comes to harassment and creating a public nuisance. The fact that this man... View More

1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Cop came on my property without permission $600 for a fire ordinance I was using it for recreational for marshmallow
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Can a cop come on your property without your permission over an ordinance
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Constitutional Law for Pennsylvania on
Q: DEA Privacy Act Denial Appeal: No arrests but why are they withholding my information and why do they have any at all?

I submitted a Privacy Act request to the DEA out of curiosity and it came back denied due to exemption (j)(2): "Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals."... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation that raises several legal and privacy concerns. Here are a few key points and suggestions:

1. The DEA's response indicates they have some information about you in their records related to criminal investigations, even if you have never been arrested. There...
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1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: can violations of my civil rights be a separate representation from criminal representation?

I have proof that certain entities have involved outside sources in incriminating me. Example:I deposited a legitimate check for $40,000 from my DROP retirement fund. the check was drawn on Vantagepoint Transfer LLC. It was deposited to M & T Bank some 8 years ago. At the time the deposit was... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information you've provided, it sounds like you may have two separate but related legal issues: 1) potential violations of your civil rights, and 2) criminal charges that you believe are based on fraudulent evidence or misrepresentations.

In this situation, it is often...
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1 Answer | Asked in Internet Law, Libel & Slander and Civil Rights for Pennsylvania on
Q: Is there any laws in Pennsylvania against Adults cyber bulling adults on social media
James L. Arrasmith
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answered on Mar 29, 2024

In Pennsylvania, there are laws designed to address harassment and stalking, which can encompass cyberbullying among adults. While the state's legal framework primarily targets physical stalking and harassment, certain provisions extend to electronic or digital forms of communication,... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: The state police.put a bruise on my arm and put cuffs on my surgery wrist so tight it bruise my bone
James L. Arrasmith
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answered on Mar 22, 2024

I'm sorry to hear about your experience. If you believe your rights were violated or you were injured due to excessive force, it's important to document everything related to the incident. This includes taking photos of your injuries, getting medical records to document the severity, and... View More

2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

This is a question of credibility for the judge and it sounds like he ruled in your favor. You cannot pursue a separate claim against the defense lawyer or doctor for the evidence presented. Hopefully the judge outlined these issues in his decision which will then be part of the records reviewed... View More

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2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

James L. Arrasmith
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answered on Mar 22, 2024

If you believe that your lawyer and doctor have intentionally provided false information in a legal setting, it's critical to address this issue seriously. Both legal and medical professionals are bound by ethical standards that prohibit dishonesty and misconduct. If these standards are... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can the police put you under arrest with no charges or warrant

Can the police show up at your house and put you in handcuffs without a warrant or charges then not Miranda you then when you ask for a lawyer, ignore the request and continued their questions they also deny you your phone call and all they want you to do is work for them to get somebody but at... View More

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answered on Mar 21, 2024

In general, police must have a valid reason, such as an arrest warrant or probable cause, to arrest someone. If you're arrested without a warrant, the police should have strong evidence to believe you've committed a crime. However, merely showing up at your house without any charges or... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can police get in trouble?

I got pulled over new years eve with a suspended registration. The cop failed to inform me that it comes with a 3 month license suspenion. Nor did I recieve any paperwork in the mail stating so. Is the cop in the wrong for not informing me?

James L. Arrasmith
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answered on Mar 16, 2024

When you're pulled over and cited for an issue like a suspended registration, it can indeed lead to further consequences, such as a license suspension. However, it's important to know that the responsibility to inform you of all potential legal outcomes may not solely rest on the officer.... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

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