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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania on
Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

Continued....obvious fraudulent claimant that just got out of jail? My small business has never once had an employee and frankly never will use subscontractors again either. That three months was a regret. Thieves & liars is all you get. No thanks. Also, Does Pennsylvania accept a new person... View More

Timothy Belt
Timothy Belt
answered on Jan 22, 2018

Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work.... View More

1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: My Grandmother inherited my grandfathers house after he passed. She has sold it; all parties have been paid except her.

She lives in PA and the house is in WV. She said the lawyer was a PA one but sold the house and the occupants are currently living in it. She has yet to get paid and can't pay her bills so her health is at risk due to stress. It sounds fishy to me because the lawyer said they could get her... View More

Mark Scoblionko
Mark Scoblionko
answered on Jan 18, 2018

She needs to contact the lawyer.

Had your grandparents divorced? If so, perhaps there is inheritance tax that must be paid and the title insurance company is escrowing the sale proceeds pending receipt of tax clearance.

1 Answer | Asked in Personal Injury, Civil Rights and Workers' Compensation for Pennsylvania on
Q: My company put me in a hotel for training multiple times, both times I've gotten sick. I discovered mold in AC unit

Do I have a claim?

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Comp yes. Contact a member of the Pa. Assn for Justice who handles comp issues.Possible claim against the motel but difficult to prove.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: How can I petition my fiancé out of G.W. Hill correctional facility
Ryan L Hyde
Ryan L Hyde
answered on Dec 13, 2017

I guess the answer to that question depends on why they are there. If they are awaiting a trial you could try for bail. If they have been sentenced not much can be done exfept reconsideration or potentially a petition for early release. If your fiance is in jail, hopefully they are already... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: If house was raided without existing warrant (illeg srch seize)does money seized legally get returned (no charges filed)

York County Pennsylvania drug task force Force entrance into home, Seized $9,000 of life savings for finding less than a quarter pound of marijuana only to then request copy of search warrant affidavit as well as the property / inventory voucher of all assets and items seized that they refuse to... View More

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Dec 13, 2017

Not necessarily. In order to get the money back, you would have to file a petition for return of property. You would want to retain a lawyer for that. You then may have to show that the money came from a legitimate source and did not have anything to do with drug trafficking. If you do not file the... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: My fiance is 45 and was persuaded to take a guilty plea to statutory rape when he was 18 and the female was 15.

He was never required to register for Megan's Law and got 11 months probation 27 years ago.Is this something that can be used against me in a custody case with my 6 year old daughter who calls him dad?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 12, 2017

His criminal history will be considered in determining custody. When an action for custody is initiated each party must submit an affidavit of criminal record/abuse history stating the names, birth dates, and criminal history of the adults living in your household.

The court looks at 16...
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Q: Is forbidding tricks on a bicycle unconstitutional?

There is an ordinance in the city of oil city which forbids any trick to be performed on a bicycle. This in essence would prevent any city resident from competing fairly in bicycle competitions. It would prohibit equal opportunity to practice and hone skills necessary to be competitive within the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: I was charged for disorderly conduct when expressing my thoughts to police

I was defending my husband's innocence with my words. The charging officer was being dismissive and didn't want to hear me. I walked the other officer to his car so that he can better explain to me why my husband was getting arrested. The charging officer kept coming at me so I became... View More

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Nov 29, 2017

Were you convicted? If so, you can file an appeal and should talk to a lawyer about doing so. If you have not yet had a trial, then you should consider speaking with an attorney prior to your next court date. There are often defenses to disorderly conduct charges.

1 Answer | Asked in Real Estate Law and Civil Rights for Pennsylvania on
Q: I live in my fathers house for 2 years after my divorce.he recently passed away.did I have the right to stay there

I leave in my fathers house for 2 years since my divorce.my dad recently passed away.my sister who is in charge of the will asked me to move out of the house.do I have the right to stay there until it is sold

Mark Scoblionko
Mark Scoblionko
answered on Nov 27, 2017

Not without your sister's permission, and, even then, you would have to pay rent.

1 Answer | Asked in Civil Rights and Contracts for Pennsylvania on
Q: Is it a civil case when you paid a private dealer for a car vehicle but don’t receive the vehicle at all.
Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

Then it's either conversion, a fancy word for theft but sue them for the money. If they are doing something like this I'd be leery about taking the car. They broke the contract so you should get your money.

1 Answer | Asked in Civil Rights and Consumer Law for Pennsylvania on
Q: Does a mall or store have the right to tell you not to take pictures? Can they set any rules they want?
Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

An owner of a business can let you on their property but set the conditions.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on
Q: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

Refusal to issue me a state ID card due to assumptions on the part of a call center supervisor.

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Not under the circumstances as you describe them.Were you able to get the ID?

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: School board president is using police to oppress points of view that differ. Restricting free speech.

They have use police to remove speakers for speaking out. I violated something for reading board minutes, a veteran was removed by police for pointing out hypocrisy. On one occasion I (the press) was removed by police, the police escorted me out, we discussed the situation and he allowed me to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Speech may be limited by time, place and manner. It sounds like things were getting a little out of hand. How much is hard to say, however if you feel that there was no reason for the removal,contact the Pennsylvania Civil Liberties Union.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

I broke both my heels in early 17. i have to have a subtlar fusion on my left foot and will be in a cast. in order not to cause more damage to my right foot they want me to wear a boot witch isnt possible with the moniter on. What steps can i take so i can get my surgery done?

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Oct 17, 2017

Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on
Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

There controlling I cn t take it they steal my ssi an disability checks they threaten me with cops tell me cops will force me 2 come back

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

1 Answer | Asked in Divorce and Civil Rights for Pennsylvania on
Q: My father's deed was that he left the house to my mother and i and my 2 brothers, and until she would pass, it remains

in her name. this was obtained in 2005. she remarried in 2009. there has been a lot of trouble. he is mentally abusive, mentally unstable and a threat to us. can my mother legally have him taken out of this house whether they are divorced yet or not? especially when he poses threats and his... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 29, 2017

If your mother fears for her safety, she can file under the Protection from Abuse Act to have him removed. I suggest that she contact a local domestic violence group for assistance.

1 Answer | Asked in Civil Rights and Libel & Slander for Pennsylvania on
Q: Could my dad file a lawsuit on another person that falsely accused my dad of indecent exposure and was arrested?

My dad was falsely accused of indecent exposure at an Auto Tag place where he was there to pick up his car registration that he been waiting for 3 months now that was not his fault with him waiting that long for it to process at the Auto Tag place.The auto tag owner called the police and lied and... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

He would have to show both FALSE allegations, and prove his FINANCIAL damages, and that may be very difficult.

He should at least contact an attorney in PA who handles defamation cases. Go to Super Lawyers site, and look up civil attorneys near his location, who handle slander claims.

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Rights for Pennsylvania on
Q: I've recently found out that my former manager is sharing details of my workers compensation claim to other employees.

Telling them I haven't returned calls, saying I injured myself, ECT. Are they allowed to do this? Also, if my claim is denied and I feel this is why is there anything I can do?

Glenn Neiman
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answered on Aug 12, 2017

While I can't tell you about your rights with regard to the sharing of information (my firm only handles PA workers' compensation cases), I can tell you about dealing with a denied claim - consult with an attorney, preferably certified in workers' compensation law. Once you give... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: want to open my fed. case back up and sue the third circuit court of eastern Pa. . I been off of fed. supervised release

1 yr. and 3 mo. I filed motions while incarcerated on grounds of 2255 and 3553 and other rules that the courts shafted me . I want to sue the third dist court of Allentown , Pa. this has taken away extra years of my life, because of their mistake upon the rules and sentencing guidelines. I think... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

You can try the Pennsylvania Civil Liberties union but I will tell you that judicial immunity would protect any of the federal courts involved. I don't see that you have a case you can file for what you believe were rule violations as a result.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: If the dhs worker knows my sister through a mutual friend and the dhs worker is handling her case isn't this a conflict
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

I'm not sure why this is an issue for you. You haven't provided any information which tells me why you care about this.

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