Legal Question in Construction Law in Pennsylvania

Dear Legal People, Please reply ASAP!!!

Here is my situation and question at the end. In the summer of 2005, a contractor did work here at my house. He did not do everything correctly and I was disputing some of the money I owed him. He took me to court in June of 2008 and sued me for $3100. The judge ruled in my favor on all counts. He ruled without prejudice though giving this contractor the right to come back after me until Aug of 2009, since the statute of limitations runs for 4 years in PA. I had a note on this stuff to destroy it in Sep of 2009. All I kept was the copy of the court ruling. So we thought we were done with this guy.

In Sep of 2011, he goes to the local magistrate and files again for the $3100 but adds all of these various ridiculous costs so that it is now $12.000. Yesterday I get a subpoena from the magistrate saying I have to bring in the cancelled checks to the hearing on Oct 17. I already gave these to the local court in June of 2008. I no longer have them and I think the bank only retains them for 5 years. This notice says I face contempt of court if I do not bring this stuff or if I do not appear at the hearing. They will just have to arrest me as I no longer have these documents.

Here are my questions:

1. How can a district justice even do anything with this? Can he overr rule a county court verdict that was made in June of 2008 and can he over rule a PA supreme court statute of limitations?

2. There is hatred between this contractor and myself and I feel I might do physical harm to him if I get in the same room with him. The attorney that handled the case in 2008 is handling this. He went to court in my place before so that I did not have to be there. If this hearing takes place, can I sent him to it instead of going myself?

3. I thought district justices were supposed to work in favor of victims and not predators. The justice knows this contractor very well as he sues everyone. How is he able to file anything on me and why did the justice even allow this to go through? Should he have not noted the dates on that form were beyond the Aug 2008 deadline?

Sometimes when I get an answer back, I only get answer to a few of my questions. Would you please be sure to answer all of them that were asked? Thanks so much for the help. I hope I have a way out of this as this should not be taking place at all.

Please reply as soon as possible as I need to know some answers by Oct 7. Thanks.

Thank you,

Barry Keller

Warren Pa.

My direct email is [email protected]


Asked on 10/01/11, 6:01 am

2 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

The magistrate must take whatever someone wants to file. Not his job to raise your statute of limitations defense. It is your responsibility to do so, and magistrates job to rule on that question.

Your lawyer can object to the subpoena as being overly burdensome. Again, up to the magistrate to decide.

Short answer, if you are subpoenaed, you have to appear or be subject to arrest.

Have your lawyer appear, you stay outside in your car until the lawyer works out with the magistrate whether it is necessary for you to testify. The lawyer will tell the magistrate that you are outside and available.

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Answered on 10/01/11, 9:48 am


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