Pennsylvania Recent Legal Answers from Lawyers

Being an H-1B employee would not be a reason to remove a deportation or removal order for immigrant visa purposes, although it may have some impact on obtaining a nonimmigrant waiver dependent upon the position being filled. I suggest that you consult with an immigration lawyer to go over any options or avenues that you may have. 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

When property is being divided in a divorce case, the simplest method is to file the divorce complaint, enter into an agreement providing for the refinance, and then the refinance and deed transfer occur simultaneously 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

I agree wholeheartedly with your view on the shot.  I don’t practice in that area, but I know there are firms who do and may be able to help. I trust this answers your questions and feel free to call or email me on a free initial basis so that I might assist you in finding counsel who handle such matters 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 first divorce case is still active, which is unusual given the length of time, the complaint can be amended or other steps taken to simply request a no fault divorce.  Each county has their own rules, so the procedure depends on the county. If the case is not active, you can simply file a new case seeking a no fault divorce.  Assets and debts can be divided and an agreement entered into if desired. 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

Generally, the classic standard is caveat emptor, buyer beware.  However, there is always an exception for fraud.  One method of proving fraud is if the Sellers Disclosure Statement failed to list the defect.  That is the first area of inquiry.  Even if it did not, the matter will be determined on whether the seller knew of the defect.  If not, the next best argument is mutual mistake.  To claim a breach of contract based on mutual mistake, the mistake must be material to the contract and whether or not leaky windows are material and substantial is a matter for a court to decide.  It is certainly worth speaking to an attorney and possibly raising the issue with the sellers to determine if compensation will be made. 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

If your mom died without a Will, the Intestate laws are triggered.  The state dictates who the beneficiaries are, which usually begins with surviving parents.  I believe you and your sibling would share equally.  However, one of you must open up an Estate at your County’s Orphans Court.  That person would be appointed administrator of the Estate and generally has wide discretion provided that the Estate is divided equally as the administrator is a fiduciary for the Estate, not just their own interests. 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

While the general rule is that only those who actually incur debts under a contractual theory are liable, PA has a statute creating liability for family members regarding necessaries.  Although rarely invoked, medical providers are the most common such creditors. 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

Yes, you do need to know where your spouse is located in order to file against him.  Due process requires that a party be made aware of the potential loss of life liberty or property and the right to marriage and marital property is a property right. 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

First, let me state that I am happy to see you are standing up for your child against ridiculous requirements.  Unfortunately, the Supreme Court decision was limited to the PA Department of Health and did not effect the autonomy of local school boards who, since March, 2020, have been citing recommendations by the CDC.   Any such challenge would have to be made in court and I am not certain if the Court of Common Pleas or the Commonwealth Court is the proper venue. Your understandable frustration is similar to the frustration and anger exhibited by parents prior to the November 2, 2021 election.  That election saw numerous school boards refreshed with parents who were fed up.  Since most, if not all, PA courts decreed mask wearing in courts, it seems unlikely that any one court would side with reason and common sense on this issue, but we will never know if no one tries. Education Law is not my area of practice but I am more than happy to try and help you find competent counsel if you wish to explore this further.  In that event, 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

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com   www.LawyerJaffe.com    No, but I would recommend that you start an LLC.   There will be other questions you find as you seek to open an e-commerce website or App.  In my experience, working with a lawyer as you begin will save you a lot of money in the future. I have written a legal guide on this site with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-Awebsite-app-or-blog... Read More

Anyone is free to hire or fire anyone, including an attorney, at any time. The only exceptions would be contractual obligations which can merely result in a breach of contract claim.  That does not exist with an attorney.  You may owe the attorney money based on the status of invoices and fees, but you remain free to fire him.    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

Based on the facts presented, I would speak to the police.  It sounds like the tech has essentially stolen your property. 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

Assumption is not common and may not even be available.  If the deed is in joint names as husband and wife, you are clearly the sole owner now that your husband passed away.  Since assumption requires that you essentially qualify as if you are obtaining a new mortgage, I suggest a refinance makes the most sense.  If you don’t have enough equity, perhaps a family member can act as co borrower. 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

I regret that you have a severe uphill battle which you will likely lose.  As your fiancé passed away, all of his property became property of the Estate which I trust his father is administering.  Since there is no Will, Intestate laws dictate distribution.  I believe parents take first and the house will become his property.  He may then keep it or sell it as he wishes and can certainly decline selling it to you.  Your only potential claim against the Estate is unjust enrichment for reimbursement of the funds you invested.  The argument would be that your fiancé knew or should have known he was going to reimburse you with funds or an interest in the real estate.  However, the Dead Mans Statute may very well preclude any evidence of what he may have said to you at any time.  If you wish to make a claim, you should seek estate counsel ASAP. 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

Generally, there is no requirement that you incorporate.  However, it is generally advisable for several reasons.  The first reason is to insulate yourself from liability.  While I appreciate that a counselor, like a lawyer, can still be personally liable for negligence, etc, an LLC will generally insulate you from liability for trade debt.  Also, I find that it is cleaner as a corp, and an LLC is merely a form of corp, will require a separate business bank account and tax return.  However, if you are a solely owned LLC, the IRS requires that you file a Schedulke C on your 1040.  I regret if this sounds a little too much inside baseball, but suffice to state that, if you are considering incorporating, you should speak to an attorney about your options. 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

There are 2 types of ownership for real estate and, indeed, any property, equitable and legal.  Legal is evidenced by proof that cannot properly be challenged in court and is recognized by the law as against all others.  Equitable is demonstrated by the facts and circumstances and is evidence that you, as opposed to any other, have the clearest right to obtain legal ownership.  You currently have an equitable ownership interest in the property and have the right to live there. However, I strongly advise that you convert that to legal ownership ASAP so that you may be free to borrow against the property or sell it as well as survive any future challenges.  Once a person dies, the Orphans Court is the only legal method to transfer legal ownership.  You should probate the Will and then the Estate can deed the house to you.    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

  Chapter 13 bankruptcy is a wonderful tool which allows a homeowner to repay the arrears over a 5 year plan, while forcing the mortgage company to accept payments after filing.  I do recommend retaining an attorney as bankruptcy does not lend itself to self representation.  It is possible for a person to represent themselves, but an attorney easily satisfies the cost benefit analysis. However, my first suggestion for anyone who is delinquent in their mortgage is to pursue a loan modification.  That is different from a refinance in that it is the same loan, same company, but they merely restate the terms.  Arrears are often deferred and monthly payments reduced.  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

While an attorney is not mandatory to prepare a Power of Attorney or a Living Will, it is strongly recommended.  The expense easily survives the cost benefit analysis as both documents will assure your needs are met, if you are incapacitated.  Moreover, the POA can be used for day to day business, at your option. However, based on your comment that you want to be prepared for your death, neither document serves that purpose.  To the contrary, the POA and Living Will only provide assistance during your lifetime via an agent for the former and via health care providers for the latter. Perhaps you are seeking a Will.  If so, an attorney can advise you regarding the options and can properly prepare the documents so that your will, hence the name, will be carried out upon your death.  Both the Will and the POA must be notarized. I trust this answers your question, 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

Most divorce agreements are incorporated into, but not merged with, a divorce decree.  That means that the parties have a right to sue for breach of contract or enforce the agreement as a court order.  In my experience, no one bothers with the former.    The court retains jurisdiction to hear such matters regardless of when the breach occurs.  Accordingly, she does have the right to seek enforcement of any provision in the agreement at any time.  However, you may have the defense of laches.  Laches is not a statute of limitations but is based on equitable notions.  You would argue that her failure to act sooner prejudiced you in that you relied on her lack of enforcement and she is now barred from doing so.      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

If your husband is being sued, the first thing he should do is speak to an attorney about defending the case, negotiating, or possible bankruptcy.  You are not liable for his debt, except in rare circumstances.  Also, in a divorce, debts may be considered marital for purposes of distributing assets. If your husband does not defend, or does and loses without filing a bankruptcy, all you need do is assure that you don’t share a bank account.  While such accounts are ultimately exempt from the creditors of just one spouse, the account can be frozen pending a determination that it is indeed exempt. 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

If the mother is blatantly violating a custody order, you should file an Emergency Petition for Special Relief.  The court can order that your daughter be returned immediately and that order will be enforceable through the sheriff or police, if necessary. 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

Sellers may appoint someone as Power of Attorney for real estate transactions.  However, I have never seen a realtor appointed and the same might very well be a conflict of interest. Many closings can be conducted remotely so that you could sign everything beforehand.   I trust this has been helpful, 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

When money is borrowed for real estate secured by a mortgage, the borrower must conform to title requirements and comply with the terms of the loan documents.  If there was an error at closing, most loan and closing documents contain an acknowledgment by the borrower that technical errors must be corrected when they are discovered.  Without knowing more, it appears that the name on the deed was incorrect and the lender is properly requiring that the name be corrected.  The only way to assure this advice is accurate is to have a free initial consult and review documents.      I trust this has been helpful, 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

Marital property is defined as property acquired during the marriage, including any increase in value of non marital assets.  Accordingly, if the house was purchased after you were married, it is clearly marital regardless of whose name is on the deed.  If it was acquired prior to marriage, any increase in the value is marital. Marital debts are defined the same way.  If the mortgage was acquired prior to marriage, it is not your debt.  If acquired during the marriage, regardless of whose name is on it, it is also your debt.  During a divorce, property is distributed either by agreement or the court.  Regarding real estate, there are several options: 1.         one of you keeps the house, often refinancing the debt into the owners name, if required, and pays the other a fair share with cash or an offset against other assets. 2.         sell the house and divide the proceeds 3.         keep the house with one or both of you living there and proceeds to be determined later based on a future sale or refinance I trust this has been helpful, 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

If your name was not on the deed when the mortgage was obtained, but added later, the entire balance is due pursuant to a due on sale clause.  That clause is rarely, if ever, enforced.  However, it demonstrates that you have no privity of contract with the mortgage company and therefore no rights regarding it.  Your only viable options are to: 1.         wait until they once again allow payments and hopefully resume making them; 2.         refinance the debt which is not an assumption.  You would obtain a new or the same lender to offer a new loan satisfying the old one; 3.         sell the house to assure you at least derive the equity via sale proceeds.     I trust this has been helpful, 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