Pennsylvania Recent Legal Answers from Lawyers

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493 legal [2, *]questions have been posted about by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Recent Legal Answers from Lawyers
Page 15 of lawyers' answers to legal questions about Pennsylvania.

Recent Legal Answers

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If the contract provides for a refund, you can sue.  If the amount is under $12,000.00, you should sue in the local Magisterial District Justice court.  However, if the warranty company is out of state, the DJ may not allow the complaint in that court. 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
If the contract provides for a refund, you can sue.  If the amount is under $12,000.00, you should sue in the local Magisterial District Justice... Read Answer

I need answers about a selling a house in witch i entered a contact. with a realtor that is taking advantage of me.

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
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If the realtor violated the contract, you are free to declare the same and proceed with someone else.  However, the realtor may very well sue you based on the contract and you will be forced to defend yourself claiming that he or she breached. Feel free to call or email 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
If the realtor violated the contract, you are free to declare the same and proceed with someone else.  However, the realtor may very well sue... Read Answer

How do I remove an ex from my home? I Own the house outright. He gets no mail here but refuses to leave

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
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While an argument can be made that the Landlord Tenant Act does not apply, that is the safest route to take.  If you simply change the locks, he could potentially sue for wrongful eviction.   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 an argument can be made that the Landlord Tenant Act does not apply, that is the safest route to take.  If you simply change the locks, he... Read Answer

Tax Fraud

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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If there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit.  If your brother is supposed to get it, the spouse possibly violated the agreement and could be held in contempt. I would need to review the agreement, but, even without that, there may be a cause of action against her.  Either way, like it or not, the IRS probably wont take action against her but I am happy to review the matter. 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
If there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit.  If your brother... Read Answer

Help

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
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You are probably not surprised to hear that your statement of facts generates several questions.  The simplest method to determine the facts and advise you is via a free initial consultation.  Feel free to call or email at your convenience. 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
You are probably not surprised to hear that your statement of facts generates several questions.  The simplest method to determine the facts and... Read Answer

Can a bank sell my home equity loan for a 45 year mortgage

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
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It sounds like there is some confusion.  While any creditor is free to sell the debt to any other creditor, the terms remain the same.  The only exception is a loan modification which you would have to apply for.  The purpose of the loan modification is to address the arrears and help assure you can make your new monthly payment. I would be happy to discuss this in greater detail 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
It sounds like there is some confusion.  While any creditor is free to sell the debt to any other creditor, the terms remain the same.  The... Read Answer

Adding to LLC without my permission or knowledge

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
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If the LLC is a sole member, and you filed joint tax returns, the issue may not be that he made you a member, which may or may not be the case, but liability on a 1040.  To better advise you, please call or email 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
If the LLC is a sole member, and you filed joint tax returns, the issue may not be that he made you a member, which may or may not be the case,... Read Answer

How do I withdrawal my fault divorce to do a no fault divorce in Lancaster County, PA?

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
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A case can only be withdrawn by the Plaintiff.  If you didn’t file the case, you cannot withdraw it.  I would be happy to review your situation in greater detail so 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
A case can only be withdrawn by the Plaintiff.  If you didn’t file the case, you cannot withdraw it.  I would be happy to review... Read Answer

Marital property settlement

Answered 4 years and 10 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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A property settlement agreement is a contract like any other.  Accordingly, the terms in the agreement govern the rights and obligations of the parties.  When I draft an agreement, it contains a definition for the effective date which is the date the agreement is signed by the last one to do so.  However, some obligations and conditions are scheduled for a certain time after an event, such as the divorce decree. I would be happy to review the agreement for you to answer the question. 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
A property settlement agreement is a contract like any other.  Accordingly, the terms in the agreement govern the rights and obligations of the... Read Answer

My boyfriend was accused of a crime the police came to my house with a search warrant for my vehicle. How long can they keep my car

Answered 4 years and 10 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It depends. If the cr ios evidence then it may be kept until the case is over. Usually and in most cases, once the car is processed and swhatever evidence is sought is removed fromthe car, the police will release the car to the owner. Be prepred to porve that you are the owner. You should call the police depwrtment that seized the vehicle, speak to the assigned detecitve and ask politel;y when yur car can be released to you. Explain that you need the car for work, or for family and again, be polite when yiu are speaking to the detective. Civility can go along way!... Read Answer
It depends. If the cr ios evidence then it may be kept until the case is over. Usually and in most cases, once the car is processed and swhatever... Read Answer

Do I need an attorney for my formal arraignment

Answered 4 years and 10 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Forml arrqignment is a criticl stage of the criminal proceeding and you definitely need a lawyer. At formal arraignment a olea is entered and it needs to be a counseled plea. Also, depending on whst county yiu are in the case may be giuven a trial date and discovery may be exchanged. So you deiniftely need a lawyer. If your county bar association has a lawyer referral servie this may be a good place to start in looking for a crimina lawyer.... Read Answer
Forml arrqignment is a criticl stage of the criminal proceeding and you definitely need a lawyer. At formal arraignment a olea is entered and it... Read Answer

Medical information shared without my permission

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer
No.  You publicly disclosed the information without any restrictions on its use.
No.  You publicly disclosed the information without any restrictions on its use.

What recourse is available if post surgical rehab is needed and denied by insurance?

Answered 4 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Insurance
If you believe that the policy should cover the rehab, you would proceed through whatever dispute resolution procedure is called for in your insurance policy (for example, it may require arbitration of any disputes).  If the policy doesn't set forth a method of dispute resolution, or you have exhausted all procedures called for by the policy, you would sue the insurance company for breach of contract.... Read Answer
If you believe that the policy should cover the rehab, you would proceed through whatever dispute resolution procedure is called for in your... Read Answer
Yes you can be sued, and the suit can be heard in Pennsylvania.  Since the claim arises from work you did in Pennsylvania, the Pennsylvania courts would have jurisdiciton over you.
Yes you can be sued, and the suit can be heard in Pennsylvania.  Since the claim arises from work you did in Pennsylvania, the Pennsylvania... Read Answer

What can I do when my public defender keeps giving meWrong court dates and I keep getting bench warrants

Answered 4 years and 10 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that office and ask to speak to a suopervisor. If this lawer is not in a frim yoiu may want to consider filing a complaint with the Disciplinary Board of the Supreme curt of pennsylvania but be ready to prove your allegatkon that yiur public defender kept sendkngyiou the wrong dates for court.... Read Answer
There is someting wrong if you are gettting incorrect court dates from your public defender. If he or she is part of a defendder office, call that... Read Answer

Who would I contact regarding a hit and run on hospital private property

Answered 4 years and 11 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Automobile Accidents
You should contact your insurance comoany and be guided by what they tell you
You should contact your insurance comoany and be guided by what they tell you

death

Answered 4 years and 11 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Your boyfriend's surviving relatives would need a wrongful death attorney. The class of plaintiffs who are entitled to sue for your boyfriends wrongful death would be delineated in the state statutes in the jurisdiction in which this happened. I am sorry to hear about your loss.
Your boyfriend's surviving relatives would need a wrongful death attorney. The class of plaintiffs who are entitled to sue for your boyfriends... Read Answer

should I concentrate on setting a high bail or first get a lawyer? on a 2lb of weed in trunk charge?

Answered 4 years and 11 months ago by Barnaby Wittels (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Law
You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer can do is adddress the isue of the high bail and work on getting it lowered to an amount that you can afford. ßpendign moiney onthe lawyer first wilk be money well spent.... Read Answer
You need to hire a crimina defense lawyer. This is a very serious case and yiu need a lawyer's help right away. One of the firste things the lawyer... Read Answer
A Will has no legal effect until it is admitted to probate.  If the Will has not been submitted to a court for probate, seek the assistance of a local probate lawyer.  Then ask the court to issue a turnover order, ordering your sister to turn everything over so that it can the assets can be assembled, the debts paid and the remainder distributed according to the Will.  Note that life insurance only passes under the Will if there is no named beneficiary.... Read Answer
A Will has no legal effect until it is admitted to probate.  If the Will has not been submitted to a court for probate, seek the assistance of a... Read Answer

What is the punishment for leaving an inpatient rehab facility when you were sent there by your parole officer

Answered 4 years and 11 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If this was a condition of your  parole or probation then you may face a violation of probation or parole hesring in which the judge or the state parole board could revoke your probation or parole and send you back to jail
If this was a condition of your  parole or probation then you may face a violation of probation or parole hesring in which the judge or the... Read Answer

I'm trying to get rid of my probation

Answered 4 years and 11 months ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
In order to terminate probation early you will need to file a petitio with the court asking for this reliwef. You will need the help of a lawyer to do this. The fees for that servic depend on the comoeixity of the issue and the cpounty and judge who imoosed that probation.
In order to terminate probation early you will need to file a petitio with the court asking for this reliwef. You will need the help of a lawyer to... Read Answer

How do I know if a judgement is still active?

Answered 4 years and 11 months ago by attorney Bruce Robins   |   1 Answer
I don't know where this judgment is from, but in New York judgments are enforceable for 20 years after entry.  While you are not required to answer interrogatories relating to a judgment which is no longer enforceable, it is your responsibility to find out if it is enforceable.  If you don't want to engage your own attorney, the clerk of the court may be able to help you ascertain how long the judgment is good, and if it has been revived.  It  is likely that this matter was turned over to a collection agency, which is why the attorney has changed.  As for the amount, I imigine that it now includes the interest which has been running for 14 years. ... Read Answer
I don't know where this judgment is from, but in New York judgments are enforceable for 20 years after entry.  While you are not required to... Read Answer

How can we find out if it's possible to get an old crime expunged off of my husband's record?

Answered 5 years ago by Barnaby Wittels (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If his conviction was in Pennsylvania and it was for a felony then he cannot get it expunged. He will need to apply for pardon. If the case was in Maryland then you will need to consult a lawyer in Msryland as the law on this subject differs from state to state.
If his conviction was in Pennsylvania and it was for a felony then he cannot get it expunged. He will need to apply for pardon. If the case was in... Read Answer
You can do it but the payment to your father will be undone as a preference.  You can’t prefer one creditor, particularly an unsecured creditor as I assume your father is, over another within 90 days of filing bankruptcy or, in the case of an insider,  1 year.  This is particularly true where one of the creditors losing out is a secured creditor, as I assume the bank is. ... Read Answer
You can do it but the payment to your father will be undone as a preference.  You can’t prefer one creditor, particularly an unsecured... Read Answer

House owned buy 2 trusts

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You do not.  You are not the current beneficiary.  If you were your father's agent under a Durable Power of Attorney and HE wants to sell the house, you could ask the trustee to approach the other owner about selling and buy him out or file an action for partition, forcing a sale.... Read Answer
You do not.  You are not the current beneficiary.  If you were your father's agent under a Durable Power of Attorney and HE wants to sell... Read Answer