Pennsylvania Recent Legal Answers from Lawyers

Generally, employment in PA is known as at will.  You can be hired, fired, demoted, or promoted for good cause, bad cause, or no cause at all.   One exception is for prohibited discrimination. Another exception would be the existence of an employment contract.  You referenced breach of contract and if you do indeed have one, the terms of the contract govern the relationship.  Accordingly, any attorney whom you consult with would need to review a copy to better advise you.   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, it is never too late to settle a case, even at the day of hearing.  If you were sued in Magisterial District Justice Court, the first hearing listed is usually simply a default date.  If you fail to notify of your intent to defend, the Plaintiff will not be required to appear and a default judgment will be entered.  If you notify of your intent to defend, an actual hearing date will be assigned.  You can try to settle up until the actual hearing begins and even after that as the courts generally take days or even weeks to render a decision.   If you were sued in Common Pleas Court, the complaint contains a Notice to Defend advising that you have 20 days from the date of service to file a response.  Even after that, the Plaintiff must provide a 10 day notice affording another 10 days before a judgment may be entered. 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 not clear to me if PA is the state the child currently lives in.  If so, PA law requires that the person seeking to remove the child from his home jurisdiction file a Petition to Relocate.  If another state is the current home state, you should speak to an attorney in that state.  However, you will also need to file an Emergency Petition for Temporary Custody as a grandparent has no rights to full custody without a court order. I trust this answers your questions, and if you live in the Delaware Valley, do not hesitate 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 usual remedy to enforce a property settlement agreement is through a Petition for Special Relief filed in the court where the divorce decree was entered.  If you can prove noncompliance, the court will likely order compliance within a set time.  If he still fails, you then need to file a Petition for Contempt of that Order.   Most agreements provide that the loser pays attorney fees so you may be reimbursed for your efforts. I trust this answers your questions, and if you live in the Delaware Valley, do not hesitate 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

Most arrest warrant's will show up in the docket sheets as an inactive case.  This includes bench warrants and arrest warrants.  So the easiest place to begin is https://ujsportal.pacourts.us/.  You can do a name search there and review any cases you might have.  In some cases it makes sense to retain counsel to assist you in researching with the Sherrifs department.  Finally, if you think you have a warrant, chances are you might.  Now might be the time to get an attorney.  Waiting until you are arrested is a good way to spend more time in jail than you need to. ... Read More

There is no easy answer.  You have 3 options: 1) move  2) withhold rent due to the landlords failure to adhere to the covenant of quiet enjoyment and warranty of habitability 3) sue the landlord for breach of lease. The second option involves placing your rent in escrow with the strong likelihood that the landlord will seek to evict and your defense will be that landlord breached.  I trust this answers your questions and, if you live in the Delaware Valley do not hesitate 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, there are 3 methods to protect assets from execution.  First, defend any lawsuit filed by the creditor.  If that case is successful, assets will be protected.  At the very least, arrangements can be made to avoid loss of assets.  Second, transfer assets from your name.   However, doing so could result in an action by the creditor to reverse the transfer based upon the Fraudulent Transfer Act.  Third, add a spouse to bank accounts and other titled assets which may ultimately protect that asset under the marital exemption known as tenants by the entireties. I trust this answers your questions, 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

Disability income is exempt under state law, so that the account should be unfrozen within 30 days of sharing that information with the creditor.  Having said that, a bankruptcy will prevent them from taking any money, whether exempt or not.  However, filing a bankruptcy requires payment of the fees and costs before filing, which seems like an issue if the account is frozen.   I trust this answers your question, and, if you live in the Delaware Valley, do not hesitate 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 seeking disability, it is strongly recommended that you consult with a disability attorney who can advise you regarding your rights.  You may be able to appeal, but time is of the essence.   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

I regret I don’t quite understand your question.  Are you saying that you were married in the Philippines, now live in the US, and your wife wants a divorce?  If so, while you can contest a divorce or slow it down, you cannot truly prevent it.   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

While the Statute of Frauds requires that land sales be in writing, which potentially defeats your daughters effort at having her name on the deed, she should have a claim for fraud or a quasi contractual theory of unjust enrichment.  Such claims could result in repayment of the down money or at least a judgment in her favor for that amount. 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

Generally, the PA Department of Labor takes no action to collect such overpayment, other than mailings.  I have never seen such a matter pursued in court. 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

You may have a claim under the Unfair Trade Practices and Consumer Protection Law.  That law allows a wronged consumer to receive three times the amount of damages and attorneys fees.  The question is whether or not the conduct constitutes deceptive practices and the facts suggest that. Alternatively, you could sue the company in small claims court but would then only be entitled to a refund. 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

If the co owner will not agree to sign the deed, the only other method of dividing a property is through partition.  However, that may result in sale of the house and payment to him of his share. I trust this answers your questions and, if you live in the Delaware Valley, 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

The elements of defamation are a false statement that the speaker knew or should have known was false, made to third parties, which caused the plaintiff damages. Based on the above you may have a claim, but a consultation with counsel is necessary to determine all the facts and whether pursuing such a claim survives the cost benefit analysis. 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

OK so a child attacked at school has two potential parties that could be sued. First you could sue the school district on behalf of your child, and secondly you could sue the parents of the child who attacked your daughter. The theory of recovery would be negligence on behalf of the school district, and negligence on behalf of the parents of the child who attacked your daughter. If the attackers parents own a home or rent an apartment, there usually is homeowners insurance or a renters insurance policy that would be a good source of recovery.  ... Read More

Anyone who dies without a will in PA, may have their assets distributed through probate under intestacy laws.  Those laws govern distribution.  You will have to open an estate and proceed from there. 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

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the cars were bought during the marriage, regardless of title, they are part of the marital estate.  If bought prior to marriage, they are all yours. Marital property is divided one of two ways in a divorce, agreement or court order.  If the two of you cannot agree, the court will have to resolve 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

Your girlfriend should definitely speak with a personal injury lawyer. it may not matter at all that she was not on your insurance. But if she has a herniated disc, she may have a good personal injury claim against the other driver. When she calls the lawyer, she can also ask whether she may be eligible to receive any other type of benefits such as short-term disability, long-term disability, Social Security disability, or any other type of disability benefit. If she wants a free consultation, all she needs to do is ask. Eric A. Shore ... Read More

It sounds like you may be a victim of discrimination. It's illegal to discriminate based on a person's medical condition or their need to get treatment for a medical condition. Also, under the medical marijuana act, employers are not permitted to terminate you for having a medical marijuana card. There is also a chance here that they may have retaliated against you for filing a Workers' Compensation claim. I strongly recommend that you get a consultation with an employment and disability lawyer. Many of us would be happy to provide a free and confidential consultation. All you need to do is ask. Eric A. Shore... Read More

Generally, the only method to sell real estate without a co owners consent is a Partition action.  That must be filed in the county where the property is located.  It is not a quick process, but should ultimately result in a sale and your release from further liability. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome 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, the only method to evict a spouse during a divorce is through a Protection From Abuse Order.  However, that would only be issued if you allege and can prove that you are in fear of imminent bodily harm or other similar factors listed in the statute.  You can Petition the court for Special Relief, but the courts will rarely evict someone from the home until the divorce is finalized. Having said the foregoing, you could try the eviction process and force him to file a Petition with the Family Court seeking to stay the eviction. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome 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

I don’t know if you were represented for the ARD, but if not, I suggest contacting the ADA on the case.    If you wish to reply, the best method is directly.     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 what legal issue you are raising.   Did you suffer loss of employment or some other damages? If you wish to reply, the best method is directly.     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

As you seem to have gathered, the lease determines the parties rights.  While I would be happy to review the entire lease, the language provided suggests that you must notify of your intent to terminate, at least 60 days before the end.  Otherwise, it appears to automatically renew for another year. I trust this answers your questions, 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