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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Admiralty / Maritime, Contracts and Civil Rights for Pennsylvania on
Q: How to challenge personal or subject matter jurisdiction in court?
Tim Akpinar
Tim Akpinar
answered on Mar 23, 2019

There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.

Tim Akpinar

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

it resulted in a domestic dispute and ultimately my arrest for 13 misc pending charges.

§ 5324. Standing for any form of physical custody or legal custody.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 8, 2019

You should meet with an attorney in person to discuss this. I'm not sure where a civil rights violation comes into play but I'm sure you'll have more information to present if you meet with someone in person.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Does a rule 600 waiver affect the 180 day rule?
Cary B. Hall
Cary B. Hall
answered on Feb 27, 2019

Yes. And presuming that you're referring to speedy trial rights when you say "the 180 day rule."

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: bench warrant lifted before hearing motion to dismiss my charges.issued lawyer told me jury selection being resheduled.

I missed jury selection,my lawyer told me he was rescheduling it.now judge issued bench warrant will not lift it and wants to out me in jail.i have hearing to dismiss my charges but if I show up he will lock me up what do I do?

Gary Kollin
Gary Kollin
answered on Feb 11, 2019

Talk to your lawyer

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Does asking about mental disability violate the American Disabilities act when taking the Pennsylvania Bar Examination
Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

Not if they are asking if you need special allowances made. I wouldn't start off the examination for a profession by looking to sue the examiners. Suggest you contact a Mental Health Law Project and ask them.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: Actually my husband told me to post the question given our lawyer had been compromised...by the judge.

We share expenses and the toll it's taken upon ALL our children, including the 4 siblings my stepgirls have 2 me and their father. All due respect, our attny has refused 2 act on our behalf (file another Sp Rel hearing, another recusal, answer ANY of my husband's nor my calls/emails,... View More

Cary B. Hall
Cary B. Hall
answered on Jan 16, 2019

It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows...
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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on
Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

This is the 2nd forensic eval. 1st strongly rec immediate crisis counseling 4 both girls, 11&12, an urgent change in cust over 2 us due 2 the severity of mom's abusive behaviors causing severe issues due 2 her severe psych/abuse & alienation. After 1st report, b4 our 4 month delay... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 15, 2019

It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Pennsylvania on
Q: Help with children and youth difficult ex husband

My step son 8 years old with autism runs out the front door every chance he gets everytime i have added a new security device i have cameras locks that send notifications anyways Sunday he got out my notifications went off i was right behind him i got him home no police involvement children and... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 13, 2018

Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods... View More

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: How do you challange a search warrant issued due to false and theoretical probable cause affidavit

Property was seized from home over a month ago. The search warrant was issued based on false, misleading and theoretical evidence. No charges have been filed.

How do I petition for return of property and dismissal(quash, invalidate) of the warrant?

Cary B. Hall
Cary B. Hall
answered on Dec 12, 2018

Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.

If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me...
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1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Does section 52 - 200 apply to Pennsylvania civil court and Superior Court of Pennsylvania? What does this mean?

What does this mean to the plaintiff who represents self?

Cary B. Hall
Cary B. Hall
answered on Oct 22, 2018

With no context to your question, I have no idea what it means either. But it does seem to mean that you're not doing a bang-up job representing yourself, right?

Strongly consider seeking at least a consultation with an attorney -- and probably hiring him or her -- for your legal...
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1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Do I have a suit

I was recently in an emergency room for mental health. I was put in a seclusion room for my safety. The nurse didnt lock the door. I walked out into the lobby. Several security guards were trying to stop me. I wasnt fighting I just kept walking. A trooper who was there for another reason came out... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: A 17 yr old girl is going out with a 22yr old who encourages her to go to nightclubs and drink, can this be reported?

I would like to report anonymously as well, would that be possible?

Cary B. Hall
Cary B. Hall
answered on Oct 1, 2018

You can "report" anything. Presumably you're asking, however, is such conduct illegal? It could be, as corruption of a minor.

The police will almost assuredly want your contact information, although you could tell them that you're uncomfortable giving it and...
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2 Answers | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: A judge issued "show cause order" directing a Father to respond as to who he may have violated one of the Judge's orders

A judge issued "show cause order" directing a Father to respond as to who he may have violated one of the Judge's orders. There was NO petition or motion nor any pleadings filed by the Mother or Mother's attorney. Father is pro se. Is that permitted, that the Judge issues a... View More

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2018

yes

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2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Q: Co-buyers rights after a repossession and auction of said vehicle

I had a vehicle. While it was in my possession I made payments. When the vehicle was obtained by the buyer he stopped payments and would not return the car to me (co-buyer). I made many attempts to get the car back. I made a couple attempts to get the buyer to refinance. I was in constant... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 15, 2018

The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the...
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1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can I sue someone who hacked my email, google apps, erased all of my mail and impersonated me on social media?

This person used a third party access site through her place of employment to hack my accounts and google apps. She erased all of my email and installed an app that automatically erased new incoming mail. She created an account in Google Hangouts using my name, email and phone number. I'm not... View More

Cary B. Hall
Cary B. Hall
answered on Sep 9, 2018

Suing someone and "pressing charges" are two completely different things. The first involves civil litigation, usually with counsel; the second involves contacting the police and asking them to institute criminal charges (and some criminal laws have certainly been broken here if the... View More

1 Answer | Asked in Civil Rights and Consumer Law for Pennsylvania on
Q: Takinge my roofer 2 civil court in Lancaster PA. Can the Judge place a lien against his NJ property?

Formally filed with PA Attorney General, no response from roofer.

Cary B. Hall
Cary B. Hall
answered on Sep 8, 2018

If you get a civil monetary judgment in Pennsylvania against the roofer, you will need to file a certified copy of the judgment with the State of New Jersey. Once accomplished (and you will need to consult New Jersey law about how to do this properly), you would then be able to begin enforcement... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Filing a civil suit against a roofer. Can a judge post a lien against his New Jersey property?

Already filed formal documents with PA attorney general, the roofer did not respond.

Cary B. Hall
Cary B. Hall
answered on Sep 8, 2018

If you get a civil monetary judgment in Pennsylvania against the roofer, you will need to file a certified copy of the judgment with the State of New Jersey. Once accomplished (and you will need to consult New Jersey law about how to do this properly), you would then be able to begin enforcement... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Pennsylvania on
Q: Can someone please explain this?

https://www.1215.org/lawnotes/lawnotes/travel.htm

Cary B. Hall
Cary B. Hall
answered on Sep 3, 2018

It's someone arguing -- by taking snippets of state and federal court decisions -- that U.S. citizens have an unfettered right to travel, and that the "right to travel" cannot be regulated or curtailed by any sort of government.

I say, "good luck with that one."

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can I be banned from a bar solely because I am no longer dating the bartender?
Cary B. Hall
Cary B. Hall
answered on Aug 15, 2018

Unfortunately for you, yes. A private establishment can generally "ban" your entry, yes -- so long as it's not because of your race, gender, etc.

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: What can i do about a neighbor threatening my family ?

She has came to our house more than once threatening

We can't sit on our porch without her yelling threats to us

She has left notes on our doors says bad things about us

Cary B. Hall
Cary B. Hall
answered on Aug 2, 2018

Report the conduct to your local police, and let them take care of it.

Best of luck to you.

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