Pennsylvania Recent Legal Answers from Lawyers

Custody is unrelated to divorce, although a complaint for the same may be included in a divorce complaint.  Rather, as soon as parents separate, regardless of marital status, a custody claim may be made.  The only jurisdictional requirement is that the children live in the home jurisdiction for at least 6 months. Each case is unique but what you described certainly suggests that the father should not be awarded 50/50 custody.  Rather, he may have partial physical custody, generally every other weekend and one night a week, with conditions such as not driving with the children in the car. I trust this answers your questions but do not hesitate 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 More

When a person makes false statements about you, and such statements have harmed your reputation, you may have a case for defamation.  Such a claim must be filed within 1 year of the false statements and you should seek a personal injury attorney as soon as possible to discuss your rights. I trust this answers your questions but do not hesitate 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 More

There is a difference between loan modification and refinance.  The former may be effected by a Chapter 7 discharge, while the latter should not.  If you obtained a discharge without reaffirming the debt, some mortgage companies will refuse to consider a loan modification.  Based on your description, it does not seem likely you are referring to a loan modification as that will only be considered if you are delinquent.  You stated you are current and have always been so.    By contrast, a refinance does not necessarily involve the existing lender as you can obtain a new loan from any willing new lender.  If your existing mortgage company refuses to consider a refinance based on the lack of reaffirmation, the simple solution is to seek another lender. I trust this answers your questions but do not hesitate 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 More

Your scenario appears to be questionable and may lead to questions of visa fraud at a later date. At the visa stamping, you are making a representation that you are working with your present company, and that is the basis upon which the visa will be given. Immediately working for a new employer upon your return to the US is a confirmation that the consulate was tricked into giving you the visa. I do not recommend the contemplated plan of action. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Please remember that F-1 status confers a 60 day grace period following the end of your student status. If that is not sufficient, you can file a change of status request to B-2. Most applications are submitted at least 15 days before the ending of the current status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If you you did not enter into a written agreement to divide the marital assets, you may have a difficult time obtaining the relief you seek.  With an agreement, you could file a Petition to Enforce and most agreements require that the loser pay attorneys fees.  With no written agreement, any such petition might fail as the decree presumably granted no other relief but the decree.  Absent a written enforceable agreement, you would need to sue for breach of contract.  Perhaps when faced with a suit, he might simply comply as that is certainly the most cost effective route for him.    I trust this has been helpful, but 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 More

If you entered into an agreement to divide assets, any asset that you retain as your separate property may be used by you at any time for any purpose. I trust this has been helpful, but 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 More

Upon payment of the mortgage balance, the mortgage company is required to satisfy the mortgage.  Normally, the abstract company who conducts the closing assures the same is filed promptly after closing.  That should be your first step, although the company may no longer exist given the passage of time.  If that avenue fails, you must request that the mortgage company satisfy it.  That, too could be an issue for the same reasons.  Fortunately,  there are legal methods to force satisfaction as indicated in the aptly named Mortgage Satisfaction Act. https://casetext.com/statute/pennsylvania-statutes/statutes-unconsolidated/title-21-ps-deeds-and-mortgages/chapter-2-mortgages/satisfaction-of-mortgages/mortgage-satisfaction-act I trust this has been helpful, but 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 More

There are a few areas of law that a person can certainly handle on their own.  While name change is one of them, I would advise hiring an attorney to assure the process is handled smoothly and definitely. I trust this answers your question, and if you reside in the Delaware Valley, 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 More

Although I initially read your question to mean charge him criminally, I now surmise that you mean civilly.   If you are asking if you can include the damage in the divorce case, most certainly.  However, I trust you have submitted the claim to your insurance carrier. I trust this answers your question, and if you reside in the Delaware Valley, 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 More

If you are hoping that a fellow invitee, not the homeowner, will voluntarily pay your medical bills, the simple solution is to ask the person to do so.  However, I would be surprised if the person agrees.  Moreover, if you do indeed make a claim against the person, he or she will likely bring the homeowner into it as there may be home insurance to cover it.     I trust this answers your questions, and, if you live in the Delaware Valley, 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 More

Generally, lenders require that a Chapter 7 discharge be at least 2 years in the past before qualifying a borrower.  Additionally, since your name remains on the mortgage, any potential lender will normally require that you divest yourself of that property and mortgage before approving you for another one.  Having said that, it costs nothing to inquire and there are many mortgage brokers to choose from. I trust this answers your questions, and, if you live in the Delaware Valley, 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 More

Divorce law is unconcerned with citizenship.  The only factor necessary to obtain a divorce in Pennsylvania is that the parties actually be married.  Some counties require a copy of the marriage certificate, while others do not.  A no fault divorce can be obtained on one of 2 grounds, separation of at least one year, or consent after 90 days following filing and service of the complaint. I trust this answers your questions, and, if you live in the Delaware Valley, 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 More

Although your son didn’t sign a lease, the Landlord Tenant Act applies to all attempts at eviction.  The proper procedure is to provide your son with a Notice to Quit advising him to vacate 15 days after the notice is served by posting or hand delivery.  After that time, you may file a Complaint in Eviction with your local Magisterial District Justice (DJ).  The DJ will schedule a hearing at which your son will be able to defend himself.  If the facts are as you describe, the court should enter judgment in your favor.  Then, if he is still there after 10 more days, you can then file a Writ of Possession which affords yet more time.  After that time has expired, the constable will execute the Order for Possession by locking your son out.     I trust this answers your question, and if you live in the Delaware Valley, 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 More

Contracts are only effective upon what is known as substantial consummation.  Simply signing a proposal doesn’t obligate you to proceed with that contractor.  However, if the work began, the contractor would certainly be entitled to payment for the work performed. I trust this answers your question, and if you live in the Delaware Valley, 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 More

You should contact your county’s Domestic Relations Office about filing for spousal support.  While the courts generally don’t get involved in dividing an intact household, if you can prove that he is not paying necessaries, he can be ordered to pay you money until you are divorced. I trust this answers your question, and, if you live in the Delaware Valley, 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 More

Here is the link to PennDOT’s fact sheet describing the procedure for transfer. https://www.dot.state.pa.us/public/dvspubsforms/BMV/BMV%20Fact%20Sheets/fs-vehtrans.pdf I trust this answers your question, but 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 More

While you can certainly obtain an attorney to pursue your son, civilly, I strongly suggest contacting the police as what you described amounts to theft.  Of course, I am only going by your comments so the detailed facts could change that. I trust this answers your question, but 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 More

Most Agreements of Sale provide that the remedy for breach is the loss of deposit.  In the case of the buyer, that can be significant.  In the case of the seller, less so.  The main concern involves your realtor who may insist on being paid the commission on a sale that you canceled. I trust this answers your questions and if you live in the Delaware Valley, 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 More

The bankruptcy court website has instructions for obtaining copies.  Alternatively, most, if not all, bankruptcy practitioners subscribe to the Electronic Case Filing (ECF) system which maintains all such records.    I trust this answers your questions and 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 More

This is easily done.  All that is required is the execution of a deed from you either to him or to both of you as Joint Tenants With Right of Survivorship.  That ownership assures you both own the property, no one can take action on it without the other, and when one of you passes away, the survivor will own it by themselves. I trust this answers your questions and if you live in the Delaware Valley, 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 More

It is unclear if the case was heard before a magisterial district justice which has a maximum jurisdictional amount of $12,000.00.  If that is the case, it is relatively simple to appeal, but must be filed within 30 days as you noted.  The appeal must then be served and a proof of service filed within 10 days after the appeal.  You must then file a Complaint which the defendant must respond to within 20 days. If the case was heard before the Common Pleas, the appeal is much more complicated and expensive. I trust this answers your questions and if you live in the Delaware Valley, 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 More

A US citizen can sponsor his fiancé for a K visa provided that the couple have met within two years of the filing date. The in person physical meeting can take place anywhere in the world. So yes your girlfriend can travel to the United States to satisfy that condition.    ... Read More