PA
Originally Posted by Gio7707
Thanks for all the replies , of course I post on about seven boards at the same time and it is amazing what different results I get. However this board seems to be just onesided and since researching the case I know that the most relevant issue here is that the plaintiff did not serve the defendant properly (besides no mail received yet).
Originally Posted by Cepe10
Well said - many of the senior members here rely on the "feudal lord" law system instead of US constitutional law and a very narrow minded to boot You have a legitimate angle - the law does apply and in PA defective service is an issue. Especially by non-certified mail... Motion to quash would be route to take on that IMO.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
It looks like this topic has been taken off the board, however the last message from "Cepe10" tells me that you can challenge this case.
Motions to quash . They are researched responses that state that the plaintiff failed to serve defendant in the proper form and proper manner as required under the rules.
It is only for the purpose of making the plaintiff make a decision as to how badly he wants that ticket money.
"This will be the best security for maintaining our liberties. A nation of well-informed men, who have been taught to know and prize the rights which God has given them, cannot be enslaved." - Benjamin Franklin
Originally Posted by Gio7707
Thanks for all the replies , of course I post on about seven boards at the same time and it is amazing what different results I get. However this board seems to be just onesided and since researching the case I know that the most relevant issue here is that the plaintiff did not serve the defendant properly (besides no mail received yet).
Originally Posted by Cepe10
Well said - many of the senior members here rely on the "feudal lord" law system instead of US constitutional law and a very narrow minded to boot You have a legitimate angle - the law does apply and in PA defective service is an issue. Especially by non-certified mail... Motion to quash would be route to take on that IMO.
__________________
_____________________________________________________
“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
It looks like this topic has been taken off the board, however the last message from "Cepe10" tells me that you can challenge this case.
Motions to quash . They are researched responses that state that the plaintiff failed to serve defendant in the proper form and proper manner as required under the rules.
It is only for the purpose of making the plaintiff make a decision as to how badly he wants that ticket money.
"This will be the best security for maintaining our liberties. A nation of well-informed men, who have been taught to know and prize the rights which God has given them, cannot be enslaved." - Benjamin Franklin