Pennsylvania Recent Legal Answers from Lawyers

Divorce, like most civil matters, begins with a complaint.  While the parties may wish to blame each other, as a practical matter, there is no legal reason to do so.  Rather, PA is a no fault state so parties don’t need to prove fault to obtain a divorce decree.  A decree may be issued either by consent or separation for more than one year.  If the former, the parties must wait 90 days after the complaint is served upon the defendant to consent.  I trust this answers some questions but you are welcome to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

While I am unsure if a foreclosure complaint has been filed, or you have merely received pre foreclosure notices, you have several options: defend any foreclosure complaint to avoid a default judgment pursue a loan modification which may result in the loan payments being reduced and the arrears being deferred or forgiven in whole or in part a chapter 13 bankruptcy which affords you up to 60 months to repay the arrears on a monthly basis. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

While inquirers understandably want a specific answer, this question requires more information.  Specifically, I, or any advising counsel, would need to review the stipulation. Having said that, the bankruptcy court usually retains jurisdiction to enforce any such stipulation.  If the creditor claims a default and wishes to enforce, he would have to file a motion to reopen the bankruptcy case for the specific purpose of enforcement.  That would be filed in NJ and NJ counsel would be required at that time.  If the creditor does not follow the proper procedure, he may seek to sue or enforce where you live in PA.   Coincidentally, I was approached by a long time referring attorney (CL in Lansdale) who has a client with a similar issue.  So, that is either an amazing coincidence or I am already aware of the issue and periodically checking on it. I trust this answers your questions but do not hesitate to reach out to me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Without more information I cannot answer your question properly.  The answer depends upon what you are trying to protect yourself from.  I would further advise you to be very careful about mixing the loan, the LLC and the leases.  If you are obtaining the loan on the property and the lender is relying at all on the income from the rent to help pay the mortgage back you need to be careful about mixing and matching or you may, in fact, vreate personal liability for yourself that you may think the LLC protects you from.  Find a competent attorney who deals with LLCs and real estate to make sure you've set this up properly.... Read Answer

For one thing, you need to have a Promissory Note drawn up stating the amount of the loan, an interest rate if you want to get interest on the loan, plus other terms a typical loan would include.  Some other specific aspects of the transaction you are considering would be including in the Note what is called a "Confession of Judgment" - this is a way to protect yourself if he defaults (does not pay you when he promised) - if he does not pay, you can go to court and have a jufgment lien recorded automatically without having to incur the expense of suing him and winning in court.  Very simply is do not loan that amount of money without proper documentation including a mortgage on the property.  From what you've stated already your lien willbe second to the mortgage lien already there.  So, you also need to ensure that the property is worth enough to pay back the mortgage plus your loan if he didn't pay.... Read Answer

A person can use deadly force in self defense if he reasonably believes that his life or limb is in imminent danger. So if this person on maple street reasonably believe that it was necessary to shoot his victim because his victim would use deadly force against him then he may have a self defense claim. ... Read Answer

A United States citizen can sponsor their spouse for a green card provided that the foreigner entered the USA with permission. This is despite the fact that they may be out of status. You can file the case immediately after marriage and he/she can process here. You should work with an attorney to handle the case from start to finish. The entire process takes roughly 15-20 months. Some of us charge a reasonable flat fee to represent you from start to finish. ... Read Answer

A realtor is not required to transfer ownership of property, nor could a realtor handle such a matter.  The document evidencing ownership is a deed which is a legal document.  Accordingly, it must be prepared by an attorney, unless the client chooses to do so on their own.  That is not recommended. You may deed your property to any family member which will be exempt from transfer taxes.  I trust this answers your questions but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Even though you may not have a lease arrangement, you are nonetheless obligated to proceed under the Landlord Tenant act.  That requires that you provide a Notice to Quit and, following expiration of that period, file a landlord tenant complaint in your local magisterial district justice office.  Alternatively, if you believe you are in physical danger, you can file a Petition for Protection From Abuse (PFA) which, if approved on a temporary basis, will result in his immediate eviction pending a final hearing and possibly permanent relief of up to 3 years. Finally, if you believe he is not properly caring for his daughter, you can contact your county Office of Children and Youth (OCY) who may begin an investigation and provide some relief as well as a better solution for the child. I trust this has been helpful but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you are asking whether you have a case against mall management for prohibiting the customer from testing the piano my response is:  probably not.  The reason I say this is that I have represented landlords and tenants in retail leases and it is common that landlords include provisions in the leases that prohibit audio of any sort from emanating from the store, restaurant, etc except in limited circumstances or with the landlord's permission for special events, for example.  So, in order to answer your question I would need to see the lease and advise your boss acoordingly.  It could very well be the case that he or she agreed that sound may not be heard outside the store leaving him or her with no case against the landlord.  I know this is not the answer you wanted because you may have lost a customer but I am attempting to give you general guidance based on the limited information you provided.... Read Answer

While it is theoretically possible to raise fault claims for a divorce, there is absolutely no practical reason for doing so.  To the contrary, the same is an utter waste of time and money which does not benefit either party in any way.  Rather, PA has been a no fault state for 40 years and that is the course that should be pursued. I trust that answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If a corporation is engaged in tortious conduct, which is intentional conduct that causes injury, responsible persons in the company can be held liable.   In this case, the tort would be conversion which is essentially civil theft.   I trust that answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Anyone can sue anyone at any time for anything.  Similarly, anyone who is sued has the right to defend themselves and, in a debt collection case, the burden is on the Plaintiff to prove its case by preponderance of evidence. You have been sued in the Court of Common Pleas as opposed to Magisterial District Justice, commonly referred to as small claims court.  No hearing is scheduled.  Rather, you must either file a response within 30 days of service, Plaintiff must send you a letter after 20 days affording another 10 days, or suffer a default judgment. I strongly advise you to speak to debt relief counsel ASAP about your options.  I trust this answers your questions but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Although your name is on the deed, personal property located in the premises may be deemed abandoned.  Your partner should give you notice that he will deem it abandoned if not picked up within 30 days of vacate, but you are better served removing it ASAP. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

I cannot comment on the status of your retainer with counsel, but all attorneys are obligated to communicate with their clients in a prompt fashion and similarly handle matters for which they were engaged.  If you have a fee dispute with your attorney, you have several options:  1) submit a complaint to the local bar 2) submit a complaint to the PA disciplinary board  3) sue her. I trust this answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Legal custody is unrelated to physical custody or visitation.  Rather, it is the right of both parents to make crucial decisions regarding the child’s life such as religion and major medical care.  The PFA governs your rights and, if it does not provide an exception for various child performances, etc., attending could be determined a violation of the PFA.  If the PFA allows for contact regarding child custody matters, I advise contacting the custodial parent and making sure he is okay with it so he doesn’t have reason to pursue a violation.  Keep a record such as texts of your exchanges.    I trust this answers your questions, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

The first place to look is always the contract which in this case is the Agreement of Sale.  It governs all the terms such as termination.  Many agreements provide that disputes must be resolved via mediation or arbitration. There are only 2 ways to obtain a refund, voluntary payment or a legal proceeding.  Certainly, your attorney should try the former before resorting to the latter. I trust this answers your questions, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

If you timely paid off a balance which clearly stated it was the total owed, the creditor may not pursue you for additional funds.  One exception is an error in the payoff statement.  The underlying contract governs so that you are obligated to pay all monies actually owed, including interest, late charges, and often attorney’s fees.  If the creditor erred in the payoff, the same is capable of correction. There is no action for you to take.  However, if the creditor still reports a balance on your credit report, you can dispute the same with all 3 credit reporting bureaus.  Also, if they sue to collect what they claim is still due and owing, you can defend yourself and the burden is on the creditor to prove the balance.  Finally, you can consider taking action against the creditor, but your remedies are few unless you are or were pursued by a debt collector who is merely an agent for the original creditor.  In that event, you should speak to a consumer attorney who pursues creditors and debt collectors who are violate federal or state law. I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

It is unreasonable and suspicious that your husband would discourage you from at least speaking to other counsel.  Your husband’s lawyer is his lawyer, only, unless the lawyer agrees to represent both of you and you each sign a waiver of conflict.  I don’t favor that representation as it is fraught with uncertainty.  Rather, you are better served seeking advice from other counsel who is hopefully reasonable.  That is crucial because one who is not may advocate for litigation when settlement will serve you best.  Many people do not retain an attorney, but have one review the final settlement agreement to advise whether it is a good deal and reasonable.      If you need funds and your husband makes more than you, you should consider seeking spousal support which can be pursued through Centre County DRO. https://dadsrc.org/domestic-relations/ I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, contracts are enforced against both parties so long as each party entered into the same knowingly and voluntarily.  Knowing requires an understanding of the facts and issues involved and voluntary means that the same was signed under free will as opposed to duress.  The common example of duress is a gun held to the head of the signer. If you are able to conduct your own affairs such as manage your bank accounts and pay your bills, I would not think you could be declared incompetent.  Accordingly, absent some duress, the contract should be enforced.  I trust this answers your questions but do not hesitate to call or email on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer