Questions tagged [pennsylvania]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Pennsylvania.

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4 votes
1 answer
2k views

Must a natural spring be disclosed when buying a house?

I purchased a home last fall just to discover, come spring, that it was on a natural spring. It turned out that the spring is water table dependent and as such was not present during the time of the ...
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2 answers
67 views

Does the law provide for any defense or help for defense in civil family cases?

A man and woman who are not married have a baby. During the pregnancy the two split up. The woman sues the man for shared custody of the child and he is ordered to pay child support. He regularly ...
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1 vote
1 answer
68 views

Long haul truck driver was not paid for his job

A friend of mine had been working for transportation company (contingently company A) as a long haul truck driver in PA state before leaving it for another one (due to the poor working conditions in ...
3 votes
1 answer
2k views

Can the mother of a child keep the father's name off of the child's birth certificate?

A man and woman have a baby but they are not married. They split up before the baby is born. After the baby is born, the mother sues the father for child support, wins and the father is ordered to ...
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1 vote
1 answer
70 views

What legal processes need to be followed, if any, to get squatters out of a house in Philadelphia?

When their father died, my wife and her two siblings inherited a townhouse in northern Philadelphia. All of them lived outside of Pennsylvania so they were thinking about renting out the property. ...
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1 answer
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What is the legal interpretation of "does not bear all of the following"?

In Philadelphia, Pennsylvania, USA, the definition of an abandoned vehicle includes: Motor Vehicle...That is left unattended on or along a highway or other public property for more than forty-...
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2 votes
1 answer
280 views

At what point can I pay someone else to do maintenance and deduct the cost from rent?

I figured I should ask this as it's kind of a specific case. Basically my mom and dad moved into a place probably 15 years ago, and for years my dad did all the repairs/snow removal/landscaping/...
-1 votes
1 answer
283 views

Can I sue the gas company for not notifying me that gas was shut off at a rental due to tenant not paying?

I have a continuation service agreement with the gas company and they neglected to notify me that they had discontinued the tenants gas service in April of 2017 for nonpayment. They also neglected to ...
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2 answers
103 views

Can LLCs be completely anonymous

I was under the impression that in every state, the creator of an LLC or INC must have at least one chief executive, and in some states, a treasurer and secretary. However, in some filings I've come ...
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1 vote
1 answer
116 views

How is child custody/visitation determined when there is no marriage?

A man and woman have a child in Pennsylvania. They are not married. Before the child is born, they end their relationship. Each parent finds another partner and they live separately. What are the ...
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3 votes
0 answers
324 views

Can my employer expend more of my PTO than is necessary to meet 40 hours?

I am an exempt employee. A few weeks ago, I worked worked a lot of hours between Monday and Thursday due to a project deadline. I had already planned to take off the day on Friday and informed my ...
-3 votes
2 answers
133 views

Can I get my money back?

I was trying to buy a dog from a breeder (I’m in TX, the breeder is in PA). The breeder told me originally that it was okay to hold the puppy until the middle of December & after that it would ...
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1 vote
1 answer
60 views

Are sellers expected to pay for formerly working Furnace after purchase?

Bought a house recently. When we had the inspection the furnace worked and when we did the walk through they had replaced the thermostat and the heat was off. Now, after signing, the furnace is ...
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2 votes
1 answer
172 views

Realtor broke contract without notifying

I have been in the process of buying a house for the last months and my realtor had been acting strange as she kept arguing for the Seller. Now First off I live in PA so Dual Agency is allowed, ...
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-1 votes
1 answer
525 views

In Pennsylvania, if both men are drunk and oral sex is performed, not once but twice, is a verdict of indeviate sexual assault proper?

There is a situation in which fratboy A and fratboy B met in a fraternity house. They became close and text message picture of penises we're exchanged. Later, at a party, fratboy A and fratboy B ended ...
1 vote
0 answers
18 views

Are you eligible for FMLA leave if the event occurred while you were not eligible?

Consider the scenario where you work for an FMLA eligible employer, and are not a key employee. During the time period you are not eligible for FMLA, your partner gives birth to a child. You become ...
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26 views

References to unknown ordinance (Ord. 271, 6/8/1992)

I am still dealing with the enforcement of an in-town ordinance that is more than vague. (Pennsylvania, U.S.) E. The accumulation of heavy undergrowth and/or vegetation which would impair the ...
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1 vote
1 answer
526 views

Threat of fines in excess of allowable law, PA State Constitution, and US Constitution

Background: I own a historic building in a small town in Pennsylvania. My property as well as the house behind it and others were cited as significant historical properties as examples that allowed ...
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2 votes
1 answer
188 views

What is the anatomy of a small claims case?

My specific situation applies to Pennsylvania. I live in Washington County and the defendant lives in Allegheny county. But a generic answer applicable nationwide would be welcome (if possible). My ...
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2 votes
1 answer
5k views

Is it legal for an individual to raffle a car in Pennsylvania?

I am currently trying to sell my car. However, it is very rare and relatively expensive, and finding a buyer is a slow process. However, everywhere I go I get compliments and people say they would ...
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0 votes
2 answers
545 views

Pennsylvania Leash and Dangerous Dog Unclear

The Pennsylvania dog laws are not entirely clear to me. Scenario: Just down the block, a home owner with 2 dogs had two 8 foot sections of their fence blown down late last fall. In place of the ...
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3 votes
1 answer
121 views

PA Right to Know Law : could a person ask the local police department what records or information they have on a former resident of the town?

This specifically concerns Right to Know Law in the State of Pennsylvania Under PA Right to Know law, could a person ask the local police department what records or information they have on a former ...
1 vote
0 answers
112 views

Is it legal to restrict rental advertisement to local principles only?

Being a landlord, I discovered years ago that there are a lot of marketers trying to sell lead lists posing as someone who is relocating. The problem is this, my rentals are in a tiny town that no-one,...
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1 vote
1 answer
56 views

Are records for Right To Know requests maintained, and are they publicly accessible?

This is specifically concerning the Right to Know law in Pennsylvania. If a person claims they have filed a Right to Know request with an agency (e.g. a police department), can evidence of that ...
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5 votes
2 answers
1k views

Can landlord charge a fee to return security deposit by wire or mail?

I am an international student living in Pennsylvania, USA for the semester. I had to pay a security deposit when I rented this property and now my landlord is saying that I must pay a "shipping" ...
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1 vote
2 answers
175 views

Rental heater improperly installed. Now I'm expected to repair. What are my options?

I've moved a rental in the spring. In the rental contract I am responsible for regular maintenance as the oil heater needs yearly servicing. As the weather is cooling off I scheduled servicing. The ...
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1 vote
1 answer
362 views

Who is liable when a turning car "interferes" with bicycle going straight? (Pennsylvania)

Pennsylvania Vehicle Code section 3331e states that Interference with pedalcycles.--No turn by a driver of a motor vehicle shall interfere with a pedalcycle proceeding straight while operating in ...
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2 votes
1 answer
73 views

Conflicting written versus parenthetical days in a commercial contract

In a commercial contract, if the written and parenthetical days in a clause are in disagreement, which takes precedence?
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2 answers
4k views

Penalty for recording conversation in PA

I was in jeopardy of losing my job so when I was called into a meeting with my boss I recorded without their knowledge for my own use because I was so scared I knew I wouldn't remember the ...
1 vote
1 answer
82 views

What motion follows a failure to show cause?

I am representing myself. I filed a motion to terminate probation on April 8th, the motion was received by a judge on the 11th and he issued an order of rule to show cause to the district attorney's ...
1 vote
0 answers
146 views

Seizure of automobile as a result of a judgement

I am a landlord in Pennsylvania and am in the process of an eviction of a very bad tenant. There will be a judgement for back rent and damages, however, the personal property of the tenant is pure ...
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8 votes
4 answers
1k views

Is it legal for a landlord to refuse a lease because an Occupant on the application is an undocumented immigrant?

(For clarity: Applicant - the adult financially responsible for the lease. Occupant - anyone over the age of 18 that will be residing with the Applicant but is not financially responsible for the ...
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5 votes
3 answers
9k views

Is fraudulent activity related to renting a residence - Theft by Deception?

I discovered Wednesday that a recent tenant of 1.5 months misrepresented themselves, and lied and omitted information on the rental application to hide the truth and gain entry into my apartment. The ...
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2 votes
1 answer
345 views

How can I enforce a judgement against an LLC owned by minors in PA?

How can I sue an LLC owned by minors in PA, after a court order to pay has been ignored? I sued an LLC I was renting a house from because I did not receive my security deposit back when I moved. I ...
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4 votes
2 answers
5k views

Is it legal to own lockpicks in Pennsylvania?

I am interested in learning about lockpicking as a hobby. I have heard from others that intent to use the picks for something otherwise illegal is what can actually get you into trouble, but I have ...
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2 votes
1 answer
1k views

Does flashing high beams give police probable cause to stop a vehicle?

Is it illegal to flash high beams to signal other cars? If police see you doing so is it a valid pretext for a traffic stop?
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2 votes
2 answers
324 views

Consequence for injury of child trespasser [closed]

My friend and I brought a rental house last year in Philadelphia, PA., and it was under construction for few months. While the house was under work, the kids from the neighborhood trespassed to my ...
4 votes
1 answer
3k views

Is it legal to *prohibit* recording a conversation in Pennsylvania?

I went to a walk-in patient care facility earlier this evening, and asked the provider upon his entrance if I could record the interview. (I realize this feels adversarial, but I had a valid reason.) ...
4 votes
4 answers
1k views

Can a jury change a price?

Suppose the following facts: Alice contracts to buy a car from Bob for $10,000, in a negotiated and relatively simple written contract between competent parties. Alice takes the car. Edit after ...
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6 votes
1 answer
459 views

Where does the title "tipstaff" come from?

This blog post discusses the duties of a "tipstaff" as a role that still exists in Pennsylvania (US) courts, which includes clerical duties such as ordering motions and announcements etc. There are ...
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1 vote
1 answer
58 views

Interim Relocation Coverage Under Homeowners Policy

We had a flood in a rental property in Philadelphia, PA. The floors are now "dry" but there is significant water damage and the walls and ceilings are soaked. To prevent mold from forming, as soon as ...
7 votes
1 answer
1k views

Could an employee be fired as they are about to quit in order to pay them severance?

In series finale of The Office, Jim and Pam are about to quit their jobs in Scranton to move to Philadelphia. As they are about to quit, their manager, Dwight, fires them, and tells them that they ...
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6 votes
2 answers
2k views

Can a F1-visa student have income from renting his or her apartment?

I know the international students (F1-visa) are limited when it comes to work (max 20 hours/week on campus job). However, are they allowed to have other sources of income in US? Is renting his/her ...
3 votes
1 answer
711 views

Does Pennsylvania have a mature minor doctrine?

I'm not trying to get medical care, I'm just curious. I was wondering if the state of Pennsylvania had what is known as a "Mature Minor Doctrine" which, if I understand correctly, would allow minors, ...
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7 votes
1 answer
776 views

Paid double state taxes as a remote worker, how do I resolve?

During the 2014 tax year, I moved from Pennsylvania to North Carolina. I kept the same job working for my employer in Pennsylvania as a remote worker. Despite several requests on my part for my ...
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8 votes
3 answers
280 views

In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor?

In theory an LLC (Limited Liability Company) offers a level of protection for the owner if being sued. I want to buy houses and rent them out, I have some fear of being sued by tenants in the ...

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