Pennsylvania Recent Legal Answers from Lawyers

Chapter 13 Bankruptcy is a powerful tool enabling homeowners to cure mortgage defaults and keep their homes.  However, as you observed, it does require a financial commitment.  The plan payment is determined by several factors, only one of which is the amount of the default. If you have equity in your home over and above the liens, any such liens, other than the mortgage, must be paid in full during the plan.  If you do not have equity, the judgment liens may be crammed down and converted to unsecured debt.  If you have no non exempt assets, and your disposable income is only sufficient to cure the arrears, the judgment liens can be removed and discharged following your completion of the plan. My first thought whenever a client is delinquent is to suggest loan modification.  I don’t know if you explored that, but it is a cheaper, easier method of curing the default and managing your cash flow by curing or deferring the default instantly and reducing the mortgage payments.   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

Generally, other than express terms in a contract that allow for termination, the only excuse for non performance is impossibility.  Thus, if the contract required that you borrow $10 million dollars and you clearly are not able to, your performance might be excused as impossible. Leases are straightforward contracts.  In exchange for occupancy, the tenant must pay timely rent and comply with other terms in the lease such as maintenance and noise restrictions.  Accordingly, mere insufficient income neither permits continued occupancy, nor excuses the balance owed. I trust this has been helpful, 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

In the criminal justice system, the state is the Plaintiff, even if a private complaint is filed.  Accordingly, your description suggests that the matter is not criminal, but civil.  The best way to evaluate the matter is by reviewing the complaint filed against 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

There is no obligation or time frame to advise beneficiaries regarding a will.  However, it is wise to do so.  I am confused by the question and facts.  Did your father pass away?  If so, the will must be probated to distribute the estate.  If not, it is entirely up to your father to advise anyone regarding his will. 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

Child support is the obligation of a non custodial parent until the child turns 18 and graduates high school, whichever is later.  If custody changed, so would the child support.  However, custody cannot simply change without your agreement or a court order.  If you didn’t agree to it, you should consider an Emergency Petition to reverse the custody change. 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 there are areas of law and situations in which I am happy to advise a client that representation is unnecessary, obtaining a divorce with a property settlement agreement is not one of them.  Each county has their own rules in addition to the Pa Rules of Civil Procedure which apply to all counties.  Not only is it difficult to wade through the Divorce Code and Rules, but the contents of an agreement should only be reached after consultation with a divorce attorney.  It certainly survives the cost benefit analysis. 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

In most states, yes, in contribution after they have paid for you for however long that is.  It takes actual harm though, so they either have to sue you after how ever many months it takes to find someone new, or if they sue you right away they can add each month as the case goes on but cannot add months of rent after judgment.... Read More

If both of your names are on the deed, she cannot.  If only her name is on it, she can.  If you file a divorce complaint, the family court will have jurisdiction to address a motion by you for special relief seeking to prevent the sale. 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

Generally, grandparent rights only apply to visitation, which is the right to visit a child, only.  However, given the facts, it is possible that both the Court and OCY would agree the best interests of the child compel awarding you full custody.  You can certainly seek custody on your own, but I strongly advise retaining an attorney as it is an unusual situation.. 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, agreements regarding a transfer of real estate must be in writing pursuant to the Statute of Frauds.  However, since your oral agreement only regards improvements, etc., you may have an enforceable claim under a simple breach of contract or a quasi contractual theory, unjust enrichment.  Fortunately, the Pennsylvania Superior Court recently held in favor of a party on a similar fact pattern.  The case is not published but may be found by searching Wilson v Parker Pa Superior Court 2020.    Please note that having a claim for damages doesn’t give you an interest in the property or a right to live there.  To the contrary, she can legally evict you.  However, if you successfully obtain a judgment, the same will act as a lien on the house so that she will be unable to sell or refinance without satisfying the lien. 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 sister only has Power of Attorney, as opposed to being appointed your guardian, you may revoke that power at any time, and I encourage you to do so immediately.  Additionally, if your sister did not act in your best interest, she may be liable for any damage she caused for breach of fiduciary duty.    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 issues: 1) medical malpractice 2) personal injury.  The former claim exists if the medical practitioners at the first hospital were negligent.  It certainly seems that way, but you should speak to a personal injury attorney promptly to seek a medical opinion as that is required to proceed.  Similarly, a personal injury attorney can help your nephew explore potential recovery from the person who hit 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

Depending on the amount of damage, if it is less than $12,000.00, you may consider saving attorneys fees by filing on your own, pro se, in Magisterial District Court.  The issue will be jurisdiction as it sounds like they are a NC company.  My first thought, though would be to explore insurance as there is normally insurance for such an event either that you purchased, or their own business insurance. 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

You need to talk to your pouboc defenddr. A status listing can mean several things in lnc,uding whether the case is ready for tril, whetheer the case is going to be a pleas, whether the issues is status of counsel. The onkly thing you know for certain is that this date isnot your trial date beause it is a status date,... Read More

One key aspect of the right to reinstatement is that the exact reinstatement figure be paid to the penny which can change up to and including the time it is paid.  Indeed, every payoff or reinstatement letter will note that the borrower must call before paying to assure the stated number remains accurate. Often, statement letters are generated which contain those numbers but they are rarely the true numbers which are only obtained through foreclosure counsel who will add in contractual attorneys fees, etc.  If you believe that the reinstatement figure is inaccurate, that would be a defense to the foreclosure case, but my experience is that mortgage company numbers are usually very accurate, if not easily understood. I trust this has been helpful and, if you are 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

Most employment is at will which means that an employee can be hired, promoted, or fired for good cause, bad cause, or no cause at all.  Absent statutory protection for certain classes of people against discrimination, an employer is free to act as he she or it wishes and the employee is free to quit at any time. I trust this has been helpful and, if you are 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 you never signed the contract, there is no consideration for the deposit.  Accordingly, I believe the same should be refunded.  But your question asked whether it would be voluntarily and no one can know that. 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

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com www.LawyerJaffe.com Adult websites are highly regulated with additional requirements under the law.  You need an attorney to help you each and every step of the way.   There will be other questions you find as you seek to open an e-commerce web site 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 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-website-app-or-blog   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

Most attorneys charge $500.00 for a deed which includes the costs of recording the deed. 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

There may be some confusion which would require a conversation to resolve.  If you are in a Chapter 7, I don’t understand why the case has been open so long as a Chapter 7 usually is completed within 4 months.  A Chapter 13 involves a payment plan of 3-5 years.  The time frame you referenced does not fit either normal practice. Additionally, if it is a Chapter 7 or Chapter 13 , and you are seeking to buy, the Motion would be to Obtain Credit which is not a letter from the Trustee but a pleading requiring court approval.    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

Yes, both parents have rights regardless of the birth certificate.  Similarly, the custodial parent has the right to seek support from the non custodial parent. 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 am not an estate attorney so I don’t know if you can open up an estate.  But without an estate being opened, there is no ability to complete the purchase.  However, after the mortgage company forecloses and a sheriff sale occurs, you can offer to purchase from the buyer who may be the mortgage company.  The difficulty is that most mortgage companies will seek to sell at auction and wont entertain private offers, especially from the occupant.  The reason is that they must justify to regulators and stockholders that the sale was arms length and conducted on a purely objective basis. Having said that, you never know until you try.  In the interim, if you live in the Delaware Valley and have questions or simply wish to stay there as long as the law allows, 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 notice is usually longer than that, motions to reconsider are not generally allowed nor granted. Family matter rules allow for such motions, but general civil matters usually do not.  Each county has their own rules, but I suggest emailing the judges secretary, copying defendant so that it is not ex parte, and request a continuance due to the facts you mentioned. I trust this answers your question, and if you are 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 can not work on a visitor visa. When you arrive at the border, and you give the customs officer a hint that you're going to be working, they will send you back to your country immediately. Also you have no fourth amendment rights against the government looking at your phone, which they sometimes do when you enter the country. If there is any evidence on your phone that you plan to work, they will also send you home immediately and revoke your visa.      ... Read More

All real estate sale agreements state that time is of the essence.  Accordingly, all deadlines must be strictly met, unless the parties agree to an amendment which is often accomplished through an addendum.  The seller has no obligation to move the closing date and failure to close is a default allowing the seller to sue for the deposit. I trust that answers your question, and if you are 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