Pennsylvania General Practice Legal Questions

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63 legal questions have been posted about general practice by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Pennsylvania General Practice Questions & Legal Answers - Page 2
Do you have any Pennsylvania General Practice questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 63 previously answered Pennsylvania General Practice questions.

Recent Legal Answers

can a payment be denied on a storage lien if its not the full amount

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Yes. Creditors often do not take partial payments lest it appear that they're settling for less than is owed.
Yes. Creditors often do not take partial payments lest it appear that they're settling for less than is owed.

How do I obtain defendant's address in order to have papers served

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
You have to do a thorough search--white pages, internet, family/friends, etc. If you have exhaused these possibilities, you can motion the court to allow you to serve the defendant by publication in your county's legal journal and in 1 newspaper of "general circulation."
You have to do a thorough search--white pages, internet, family/friends, etc. If you have exhaused these possibilities, you can motion the court to... Read More

Do we have to pay to get our documentation and money back from our Lawyer?

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
He can charge you reasonable costs of postage and copying.
He can charge you reasonable costs of postage and copying.

Who is responsible for mainitaining my driveway?

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
The owner of the property is usually responsible for upkeep. Do you rent? If so, is there a clause in your lease? If it's the landlord's responsibility, send a demand letter.
The owner of the property is usually responsible for upkeep. Do you rent? If so, is there a clause in your lease? If it's the landlord's... Read More

Spraying Perfume in the workplace

Answered 11 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
A perfume allergy is not a disability as defined by law. They are not required to accommodate you. Your only recourse would be to quit and file for unemployment, claiming "constructive discharge."
A perfume allergy is not a disability as defined by law. They are not required to accommodate you. Your only recourse would be to quit and file for... Read More

Who keeps equipment if a 501 3 c folds up? Should they be sold and money given back to members?

Answered 11 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
The assets of the club must be liquidated and given to a similar organization that has 501(c)(3) status. No individual can benefit from the organization's folding.
The assets of the club must be liquidated and given to a similar organization that has 501(c)(3) status. No individual can benefit from the... Read More
Assuming that the contract provides what you say it does, and that you have not breached it, no.  Even if you had breached it, while he may have the right to rescind the contract and sell the motorcycle to someone else, he would (unless the contract provided otherwise and maybe not even then) be required to return the payments you had already made.... Read More
Assuming that the contract provides what you say it does, and that you have not breached it, no.  Even if you had breached it, while he may have... Read More

My 11 year old daughter has been repeatedly physically assaulted over the past 5 yrs by our 12 year year old neighbor

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Call your local police department. If they will not help, file a Private Criminal Complaint against the child for assault at your local Magisterial District Judge. You can also sue the parents for assault on behalf of your child.
Call your local police department. If they will not help, file a Private Criminal Complaint against the child for assault at your local Magisterial... Read More

What should I do if I keep receiving calls for a person unknown?

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
You can keep a log of those who call. Tell them they have the wrong number and not to call you again. If the same person(s) keep calling you after that, threaten them with harassment charges, and file them if they don't stop calling.
You can keep a log of those who call. Tell them they have the wrong number and not to call you again. If the same person(s) keep calling you after... Read More

sold a 5 ton new- out the box- air conditioning unit on craigslist.

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
It sounds like you gave full disclosure. It's always a good idea to have a bill of sale for anything over $100. However, you didn't warranty it and I believe you are in the clear on this one.
It sounds like you gave full disclosure. It's always a good idea to have a bill of sale for anything over $100. However, you didn't warranty it and I... Read More

Judgement placed 2 times

Answered 11 years and 7 months ago by attorney Bruce Robins   |   1 Answer
You say that judgment was "placed" against you.  A judgment can't just be "placed" against you unless you have been sued and either lost on the merits or defaulted, or, in rare circumstances, unless you agreed in advance to a confession of judgment (which might be called something else in Pennsylvania), in which case you would still have the opportunity to try to have the judgment vacated.  Thus, even if there was something improper about the last judgment, you may be barred from challenging it now if you had the opportunity to fight it earlier and failed. It is improper for a plaintiff, who has already obtained a judgment, to sue on the same claim and obtain another judgment (two law firms has nothing to do with anything.)  However, you don't indicate the basis of the second judgment - was it a new judgment on the same claim (improper unless the first judgment had been vacated for some reason), or did it simply reflect further proceedings on the original judgment.  For example, if the original judgment was in New York, and the judgment creditor simply filed that judgment in Pennsylvania (with a higher amount because of interest accruing on the judgment), there would be nothing improper about that.... Read More
You say that judgment was "placed" against you.  A judgment can't just be "placed" against you unless you have been sued and either lost on the... Read More

I am looking for a lawyer in Lancaster, Pa to sue The Office of the Aging there

Answered 11 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
I recommend you call the Lancaster County Lawyer Referral line and ask for a referral:   The Lancaster Bar Association Lawyer Referral Service can be reached by calling (717) 393-0737 Monday through Friday from 9:00 a.m. through 12:00 p.m. (noon).
I recommend you call the Lancaster County Lawyer Referral line and ask for a referral:   The Lancaster Bar Association Lawyer Referral Service... Read More

my daughter is being bullied at school..what can I do?

Answered 11 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Report it to the principal and guidance office. Keep a written record. If they do nothing, report it to the superintendant. If the problem is not resolved, you can pursue legal action against the school for negligence.
Report it to the principal and guidance office. Keep a written record. If they do nothing, report it to the superintendant. If the problem is not... Read More

Can I post "in my opinion" beware of inexperienced staff at kennelk

Answered 11 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
You can, but make sure you use the phrase "in my opinion," or "from my perspective." Opinions, clearly expressed as opinions, are not actionable. Statements made as if truth could be actionable.
You can, but make sure you use the phrase "in my opinion," or "from my perspective." Opinions, clearly expressed as opinions, are not actionable.... Read More

Complaint against a neighbor

Answered 12 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
You can indeed ask for a copy. Don't be surprised if they blow you off, however.
You can indeed ask for a copy. Don't be surprised if they blow you off, however.

partnership

Answered 12 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
You can. You may have to sue her under the concepts in the law of "in quantum meruit" (for value of the work done) and/or "unjust enrichment" (i.e. she benefitted from your labor and you didn't receive anything in return). She could argue you did the work as a gift or goodwill gesture.
You can. You may have to sue her under the concepts in the law of "in quantum meruit" (for value of the work done) and/or "unjust enrichment" (i.e.... Read More

How much cotrol will I lose if I place my live in gorfirends name on the title to my house?

Answered 12 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
If you ever split up, she possibly could be entitled to 1/2 the value of the house. If she's paying about 25% of the worth, it's best to draft a contract covering the payment and how much she would be entitled to should you two ever separate.
If you ever split up, she possibly could be entitled to 1/2 the value of the house. If she's paying about 25% of the worth, it's best to draft a... Read More

if i gave a landlord a deposit on an apartment and then 2 days later changed my mind, can the landlord keep my deposit

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Generally, a cash-in-hand deposit is refundable, unless you were told it is non-refundable, or you signed a lease with such a provision.
Generally, a cash-in-hand deposit is refundable, unless you were told it is non-refundable, or you signed a lease with such a provision.

Can a woman of 45 have a hysterectomy at her own will

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
I would imagine so. Your gyne may have personal objections to doing it, which is his right in PA, so you may need to see a different doctor.
I would imagine so. Your gyne may have personal objections to doing it, which is his right in PA, so you may need to see a different doctor.

About caseworkers for the elder

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Your best resource is your county's Agency for the Aged...give them a call.
Your best resource is your county's Agency for the Aged...give them a call.
You could be. However, if you took reasonable steps to protect the data, you likely will not be liable for negligence.
You could be. However, if you took reasonable steps to protect the data, you likely will not be liable for negligence.
It is unethical for an attorney to communicate directly with an opposing party concerning a disputed matter when the attorney knows that the opposing party is represented by counsel in that disputed matter, unless the attorney has the consent of the opposing attorney to do so. ... Read More
It is unethical for an attorney to communicate directly with an opposing party concerning a disputed matter when the attorney knows that... Read More

Is it a criminal offense to audio record an independednt adult who is home alone?

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
It can be considered a violation of state and federal wiretapping laws. You CAN, however, set up a video recorder as long as it doesn't record sound. Just make sure the video recording is not in any "private" part of the home--such as the bathroom or this person's private bedroom.
It can be considered a violation of state and federal wiretapping laws. You CAN, however, set up a video recorder as long as it doesn't record... Read More

I worked New Years Day. My coworkers who did not are getting holiday pay, and I am not. Am I entitled to holiday pay?

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Yes, you should have received double pay. If your employer is not honoring that, contact your local labor department office: http://www.dli.state.pa.us/portal/server.pt/community/l_i_home/5278  
Yes, you should have received double pay. If your employer is not honoring that, contact your local labor department... Read More

Can I sue my roomates for simple assault?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer
Yes. I would file charges for criminal simple assault first. Then, you can sue for assault and nuisance.
Yes. I would file charges for criminal simple assault first. Then, you can sue for assault and nuisance.