Pennsylvania Litigation Legal Questions

Without seeing the dockets, I cant answer the question with certainty.  If you filed Preliminary Objections (Pos) which were sustained by the court, Plaintiff may amend without leave of court.  If the case was dismissed based on Pos, the Plaintiff can theoretically file a new and better complaint.  If the prior cases were dismissed, as opposed to a final judgment in your favor, the Plaintiff may proceed until or unless a judgment is entered in your favor or the court dismisses the claim with prejudice. I am happy to review the case on a free initial basis, so feel free to call or email. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Relief from a judgment may be sought by filing a Petition to Open or Strike the Judgment.  A judgment may be opened when there exists a genuine factual dispute.  However, the same must be filed promptly, preferably within 10 days of the judgment and beyond that a reasonable excuse must be provided for the delay in not filing sooner. A judgment may be stricken when there is a defect in service.  However, in my experience, service is usually proper as the Prothonotary, where cases are filed, will refuse to allow a judgment in which service has not been made.  My first step is to check the docket and determine if the record reflects good or bad service. I trust this answers your questions and do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

There are 2 key questions which must be answered to determine if a malpractice case is your only remedy:  1) Was the case dismissed with prejudice which would prohibit a refiling?  2) Has the statute of limitations expired which would bar a refiling? If the answer to both questions is no, you may and should simply refile.  If the answer to either question is yes, then you should consult with malpractice counsel ASAP as there is a 2 year statute of limitations on malpractice in PA. I trust that answers your question, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Anyone is free to hire or fire anyone, including an attorney, at any time. The only exceptions would be contractual obligations which can merely result in a breach of contract claim.  That does not exist with an attorney.  You may owe the attorney money based on the status of invoices and fees, but you remain free to fire him.    I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

While notice is usually longer than that, motions to reconsider are not generally allowed nor granted. Family matter rules allow for such motions, but general civil matters usually do not.  Each county has their own rules, but I suggest emailing the judges secretary, copying defendant so that it is not ex parte, and request a continuance due to the facts you mentioned. I trust this answers your question, and if you are in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

I would need to know more of the facts. If your car looked like it could pose a danger to you or others and you kept driving it, I think the police would be able to stop and inquire. I have represented many drunken drivers who were driving with flats from hitting a curb, or parts hanging from car from hitting something else, like a guard rail. Need more info.... Read Answer

That is a tough one. You should hold on to the money and not spend it, in the event anything happens. I am not sure the police will want to be involved unless this is a forged check or she was totally incompetent when this happened. If it is more worth holding on to the check than it is just returning the money, talk to a lawyer. If you are still employed at the same nursing home, I have concerns of what your employer think, and do.... Read Answer

An attorney cannot withhold your file. Sometimes attorneys want to be paid what is owed before releasing the file, but this is not appropriate and may in fact be a disciplinary violation. I would try to work it out with the attorney and if you cannot, you can always contact the county bar association for a referral.... Read Answer

Not responsible? I thought that generally only applied to theft, etc. I would file a suit anyway for the fair market value of the goods that were lost. You can argue that even though they said they're "not responsible," that they still have a duty to provide a storage unit secured from the weather.... Read Answer

I think 16 is the cut off line for the sex crimes statute to apply. However, you could be charged with Corruptions of Minors. I have seen it plenty of times and it occurs usually when either the girl gets angry at the guy or her parents don't approve and talk to the police. I would find an 18 year old.... Read Answer

You need to find out if you were convicted. You could have been convicted by a) checking guilty on the back of the citation and sending it in with the payment, b) checking not guilty and going to the hearing and being convicted, or c) ignoring the citation. If you were guilty you will have a summary conviction on your record which cannot be expunged until 5 years of arrest free behavior happens. If you were found not guilty or the case was withdrawn or dismissed, you still may have records which need to be expunged, and probably do. You can do this now but the process takes months before your records are destroyed. the employer may or may not find this record. IF they do, you may want to level with the employer and just tell them what happened. It is not the crime of the century.... Read Answer

You can try to file a criminal complaint, but the police will tell you it's a civil matter (that's for the failure to pay the judgment; you have no basis at all to seek double the amount of the judgment.)  There are a variety of procedures available to collect on a judgment, including deposing the judgment debtor to discovey his/her/its assets, restraining and attaching those assets, and garnishiing the debtor's income.  Also, in most states (not sure about Pennsylvania) interest runs on the judgment until it is paid, often at a very favorable rate (9% in New York.)  Assuming you don't want to retain an attorney, the Clerk of the Court may be able to help you find information on collection procedures.... Read Answer