Sharmil Donzella Mckee's Answers

I have to file a response to preliminary objections in a court of common pleas in PA. Am I able to reference federal cases?

The defendant has filed preliminary objections, so he/she does not have to file an answer to your complaint until the court rules on his/her preliminary objections., You should compare the objections with Rule 1028(a), to determine if you need to respond to the objection. You have three ways to respond to the defendant's preliminary objections. If the court sustains the objections, your complaint will be dismissed. The judge will give you 20 days from the date of the order to file an...

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Can I terminate my lease if my landlord is causing problems between my nieghbors and I because he is gossiping my private info?

Your HUD lease is governed by statute. You should have been assigned a social worker. I recommend contacting this person to discuss your situation with your landlord. In addition, you should read the termination section of your lease to determine how to end your lease but keep your security deposit. If your social worker cannot help you, then I recommend that you contact your local legal aid. To find an office near your home, visit http://www.palawhelp.org/ Good luck. Sharmil McKee...

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My employer wrote me a check i cashed it.he put a stop payment on it and is now saying i stole it

A few things can happen. First, the employer must honor the check even though he placed a stop-payment notice with his bank. So, if you cashed it a check cashing place, for example, the check cashing place may sue the employer to honor the check. If this happens, the employer will add you as a co-defendant to the lawsuit, claiming that you are jointly responsible for payment of the check or the employer could sue you as a third-party defendant for the funds. Second, the employer could file...

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What Rule is used to Re-Open a civil case so that a subpoena can be issued?

I am not sure that you need to re-open your case to issue a subpoena. I am not sure that you are eligible to discover PACER users who have viewed your case; it is probably not reasonably calculated to lead to evidence relevant to your case (since it is closed). However, you may qualify to access the records through the Freedom of Information Act. While federal courts are not governed by the Act, PACER information may be. The Reporters Committee for Free Speech published a comprehensive FOIA...

What can happen to her home if she does not or cannot pay the taxes?

Tell your friend to contact the City and arrange a payment plan to pay the taxes. Call 611 and the operator will connect you to the Revenue Department. The City does not want to sell your friend's house; it just wants the tax money. Good luck.

Can you sue Lurzerne County Courts in Wilks Barre PA for a custody matter that was delayed for 4 years by the Guardian Ad Litem?

If you are looking for an attorney, but you cannot afford an attorney, then I recommend contacting your local legal aid. To find an office near you home, visit http://www.palawhelp.org/ There are organizations that focus only on custody, family issues. I wish you luck. Sharmil McKee Business Lawyer Philadelphia, Pa http://blog.mckeeoffice.com

In labor contracts do the written language override any interpretations?

I understand that someone on your job is stating that seniority trumps contract language. You should ask that person what authority, statute, agreement, policy, case law is she/he relying on to support this conclusion. Then read this policy (or whatever IT is) that promotes seniority over your protected class. That document or source should answer your questions. Otherwise, I suggest that you stick to your position. Continue asking your questions until you are satisfied with the answer or...

My name is Stephanie, I rent to own a tv from rent a center. I am 3 weeks behind in payments. I offered half owed remainder 7 da

You should take your contract to a lawyer or legal aid. You probably have some consumer rights granted by Pennsylvania statute that could help you in this situation. For example, in order for the court to enforce the contract, the contract needs certain notice provisions. In addition, if you have an attorney contact the company, they may be more willing to negotiate with you. l encourage you to move quickly, because the company will begin repossession immediately. Good luck. Sharmil McKee...

Can a notice of intention to defend serve as a written appearance?

Not generally. I don't know what court you are in, so I cannot answer your question definitively. My best advice is to hire an attorney. If you cannot afford an attorney, then you should answer the complaint in writing. Answer each paragraph of the complaint with either "admit, deny, or I don't know". If you answer deny or I don't know, then include a brief explanation. That's is a good time to tell your side of the story. There are also affirmative defenses you should consider. For...