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Pennsylvania Gov & Administrative Law Questions & Answers
1 Answer | Asked in Family Law, Gov & Administrative Law and Municipal Law for Pennsylvania on
Q: What is the form called to waive publication of my name change?
James L. Arrasmith
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answered on Feb 23, 2024

The form you need to waive publication of your name change typically varies depending on the jurisdiction where you're filing for the name change. In many states, this form may be referred to as a "Petition to Waive Publication of Name Change" or something similar. However, the exact... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Am I able to carry a handgun as a Constable under the age of 21 for official use outside of the judicial/court system?

Hello, I'm a 19 year old newly elected Constable for Mount Union Borough in Huntingdon county. I was wondering if I could legally possess a handgun for law enforcement duties outside of the judicial system/PCCD such as tending to a breach of the peace or election day security at the polls. It... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on Pennsylvania law, as a constable you likely cannot legally carry a handgun for official duties if you are under 21 years old. Here are the key factors:

- In Pennsylvania, individuals must be at least 21 to be eligible for a license to carry firearms concealed. There are no general...
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1 Answer | Asked in Business Law and Gov & Administrative Law for Pennsylvania on
Q: PA registration for a nonprofit bringing in less than $25k annually in contributions.

I spoke with a clerk at the Charities division of the Pennsylvania Department of State who told me that because our nonprofit brings in less than $25k in annual contributions, we’ve actually never even come close with $8k being the most, we do not need to register or file with the state of PA... View More

Matthew Morris
Matthew Morris
answered on Feb 15, 2024

There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Can a magistrate dictate how/where I pay my fine I typically use ujs portal and was told i can’t do that by magistrate

I was told I must make any further payment to the clerk of courts for the county in person

James L. Arrasmith
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answered on Jan 10, 2024

In Pennsylvania, the method of paying fines can sometimes be subject to specific directives from the court or magistrate. If you've been instructed to pay your fine in person at the clerk of courts, this direction should typically be followed.

However, if this method presents a...
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1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: Privacy Act Request Appeals to compel a Judge to release records due to illegal law enforcement and intelligence tactics

I filed Privacy Act Requests with every government agency possible for all records of myself. Some requests are still pending. I need a lawyer to compel a Judge to have the records released since I have evidence beyond a reasonable doubt (4K CCTV, Body Cam, Dash Cam video) that these law... View More

James L. Arrasmith
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answered on Jan 10, 2024

Your situation, seeking to compel the release of government records related to alleged illegal law enforcement and intelligence tactics, is indeed a complex legal matter. Filing Privacy Act Requests is a good start, but if agencies are denying your requests or not responding, legal action might be... View More

Q: I need to sue the government for stalking, harassment, and RICO; "gang stalking/organized stalking" (modern COINTELPRO)

I need a lawyer experienced/knowledgeable in government crimes (now declassified illegal COINTELPRO) to bring suit against it. I have not committed any crime and have a Federal background check, yet am still under 24/7 overt and covert surveillance and get "mobbed" with government asset... View More

James L. Arrasmith
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answered on Nov 20, 2023

Suing the government for claims such as stalking, harassment, and RICO violations requires a detailed legal strategy and a deep understanding of both constitutional and civil rights law. It's essential to start with gathering and organizing all your evidence, including the body cam and CCTV... View More

1 Answer | Asked in Consumer Law, Gov & Administrative Law and Military Law for Pennsylvania on
Q: Do I have to pay an indebtness that is over 14 years old that I was just notified about?

I received an indebtness letter from DFAS dated March 21, 2023 for a debt incurred in 2009. This is the first I have been nitifed about it. They want installments beginning within 30 days. This indebtness is over 14 years old. Is it passed some sort of statute of limitations or expiration at this... View More

James L. Arrasmith
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answered on May 2, 2023

In general, debts do have a statute of limitations after which they cannot be legally collected. However, the statute of limitations for debt collection can vary depending on the type of debt and the state where the debt was incurred. It's important to review the laws in your specific state... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Gov & Administrative Law for Pennsylvania on
Q: Who do I contact for opp. counsel changing the language of my Lanc. custody order enter to berks exhibit A. Pet/mod.
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2023

The question as is makes no sense, and the asker is best advised to retain legal counsel for his court action.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Pennsylvania on
Q: I have received a citation stating that I fail to stop at a stop sign. Has me as a defendant and a vehicle that I own.

I was in bed asleep at that time of the violation and the vehicle I don’t drive. It’s a spare for the family. No one in my family was ever pulled over on this date and time or any other time. Is this legal?

Timothy Kraeer
Timothy Kraeer
answered on Jul 21, 2022

Certainly sounds like a mistake was made, which happens from time to time. You should plead not guilty, which means a hearing will be scheduled that you will have to appear for. It should be as simple as the officer realizing he/she made a mistake when you see him/her at the hearing. You can also... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: How is a local ordinance violation different from non traffic summary in PA?

I was charged with public intoxication but plead noy guilty due to the circumstances and that my professional license would be affected. The magistrate offered a plea to a local ordinance violation that he said would stay local and not be accessible without search warrant. I received a citation... View More

Timothy Kraeer
Timothy Kraeer
answered on Apr 21, 2022

The difference is that public drunkenness is a violation of the Pennsylvania crimes code, whereas a local ordinance is not. It is only a violation of the local ordinance, or administrative code. It is not a criminal offense, but there will still be a public record generated in connection with the... View More

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Does a boat trailer with no serial number need a license in Pennsylvania
Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2021

If it meets the definition of a trailer, yes.

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... View More

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

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... View More

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Battling Aetna for 5 months since they never notfied me in 60 days if my appeal was approved or denied.

Aetna admitted GUILT in three(3) letters but never refunded the money. Aetna violated Federal (Medicare) Laws and Pa. & NJ State Law.

Aetna is the same company that insured Slaves for slaveowners before the Civil War!!

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

If you are eligible for Public Assistance, you would be eligible for Legal Aid or Legal Services. They can best review your situation and your options.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Can you change a mail in plea from not guilty to guilty without going to the court hearing?

I got a ticket for parking on someone's property and when I received the ticket I meant to plead guilty and pay the fine but accidently selected not guilty and sent the check in. I wasn't aware of the mistake until I received the letter in the mail with the court date and time. Is there a... View More

Timothy Kraeer
Timothy Kraeer
answered on Dec 22, 2020

You may be able to contact the court and ask them to change the plea. Some courts will allow you to send an email or a fax to their office asking that your plea be changed to guilty - they're going to want something from you in writing indicating that you wish to plead guilty.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Going from Judge Advocate General (JAG) to Federal Judge

If I join the military as a JAG, I am required to serve there for four years. In the long term, I want to be a federal judge. However, will spending four years as a JAG hurt my chances of becoming a federal judge given that I will be four years behind in regards to clerking for judges compared to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2020

Maybe the best person to pose your question to could be a former JAG. But your question remains open for four weeks. Given the high regard for the program because of its selection process, many would see it as a strong accomplishment. Some might see the fact that you would probably be working with... View More

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: I found a number on a 5 dollar bill which said to call this number for a good time and as a joke I acted like and fbi a

I know it was stupid and dumb but I was at my friends home and I was bored I meant no harm and I asked for nothing I called the number and said this is against Martinez of the FBI and your number was associated with prostitution please refrain from committing acts of prostitution. I did not ask for... View More

NiaLena Caravasos
NiaLena Caravasos
answered on Aug 12, 2020

Actually, this is no joke. Impersonating a federal officer is a very serious crime. You really should consult with a federal criminal defense attorney as soon as possible.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: Can a judge give me more time for a probation revocation if I've already been sentenced and without new charges?

I just maxed a 3 to 6 year sentence a judge gave me. I was originally sentenced to 3 to 12 months in the county and 3 years probation. I had no new charges, yet the judge resentenced me and added more time on to my sentence making me have to do 6 years instead of 3. I had tech violations but it... View More

Ryan L Hyde
Ryan L Hyde
answered on Jul 15, 2020

From your location this is an Ohio question, which I am not qualified to answer. However, if this is a Pennsylvania question the answer is that if probation is revoked you can be resentenced to anything that was originally allowable. Its an important differentiation between probation and parole.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: My city has had a curfew in place for over 15 days and just extended it, I'm in Hazleton PA is this legal?
Tim Akpinar
Tim Akpinar
answered on May 5, 2020

Yes. It's the mayor's - city council's call to make, and such measures have been implemented in other cities across the nation. Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.

I am seriously frightened of getting the virus.

If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?

Cary B. Hall
Cary B. Hall
answered on Apr 22, 2020

Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.

Best of luck to you, and wash your hands.

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1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... View More

Jennifer Price
Jennifer Price
answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

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