Pennsylvania Recent Legal Answers from Lawyers

Yes, you can state your custody preferences in your will but that is not binding on the court as they must proceed in the best interests of the child. I trust this answers your question, and if you are 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 is a 4 year statute of limitations on contract cases.  There is an exception for certain contracts signed under seal that is 20 years.  I always advise getting served as the only way to defend against a claim is to know what it is. I trust this answers your question, and if you are 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

Only your wife’s income will be considered for child support purposes, not yours.  Dad could argue an earning capacity such that, even if her income is $0.00, a conference officer could assign her a phantom income for support purposes.  However, if dad makes a significant amount, it will likely not amount to much. I trust this answers your question, and if you are 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

Whether she proceeded by consent or separation, she was required to give you notice before proceeding to decree.  If you did not get notice, you can seek to revoke the decree.  However, if you are not claiming assets or alimony, there is little point in doing so as she can ultimately obtain a decree without your consent. I trust this answers your question, and if you are 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

A written will is the only method to bequeath assets to a beneficiary after death.  If the brother had power of attorney, as long as he acted in his brothers interests, he was free to take whatever action he deemed appropriate including selling assets.  If you are not mentioned in the will, you have no claim to any of the estate. Creditors are a different matter.  If he owed you money, you can file a claim in probate seeking a share of the estate in that manner.   I trust this answers your question, and if you are 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

Marital property is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of any assets acquired prior to the date of marriage.  Accordingly, the equity earned during the marriage is marital.  I trust this answers your question, and if you are 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

Marital property is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of any assets acquired prior to the date of marriage.  Accordingly, the equity earned during the marriage is marital.  You can sell the house without his consent, but he can obtain a court order to prevent that and seek that any proceeds be placed in escrow pending settlement or equitable distribution.   If he does not file such a Petition, I strongly suggest that the proceeds be put into a separate account so that it will be easier to account for and distribute any marital property.  I trust this answers your question, and if you are 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

I have been practicing for 30 years and I happily advise clients when they should consider handling matters pro se.  Divorce is not one of those matters.  Rather, an attorney will know all the Rules and Divorce Code so that you may be properly advised and represented throughout the process.  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

PA requires that a Petition be filed by any parent seeking to relocate to any significant distance from the other parent.  You should file a Petition for Special Relief on an emergency basis seeking an Order requiring that the child be returned to your jurisdiction and or give you custody. I trust this answers your question, 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

While your landlords failure to report rental income to taxing authorities might be an issue for him, it does not change your tenant status.  If you are month to month, he must provide you 30 days notice to quit and then can proceed to evict you. I am acquainted with a non profit who helps those with low or no income find housing and handle other expense issues.  If you live in the Delaware Valley and would like that information, 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 If someone goes to one of the many sites that offer background checks on the Internet they often say that a particular name has a criminal background.  However, this is before the checker has paid the fee to see the total report, and often that reportt is of someone with the same name, but a different person.   If that someone you were talking to is threating you with some sort of exposure, do NOT send them any hush money.  This is blackmail and you should contact the police.  .  However, I always caution people not to enter the legal arena without speaking with an attorney first to avoid any unintended consequences.     You may want to consider hiring a lawyer to send a Cease-and-Desist letter to this someone.  While a cease-and-desist letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.... Read More

It certainly sounds like a breach of contract occurred.  However, lawsuits are time consuming and expensive.  My strong advice is to consult with an attorney about trying to resolve the matter, amicably. I trust this answers your question, and if you are 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, contracts which require notification of compliance do not give rise to claims of default.  Rather, if the creditor asks, you will simply provide proof.  Having said that, if the creditor does declare a default, your defense would be that the default was immaterial such that a true breach did not occur. I trust this answers your question, and if you are 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, being named in a will doesn’t require that your name be removed from real estate.  To the contrary, it is usually the exact opposite as beneficiaries receive assets and are not deprived of them. If you inherited the house, there are only 2 ways to divest yourself of ownership, amicable deed and partition.  The former occurs when your sister agrees to remove you and the 2 of you execute a deed transferring ownership from the both of you to whomever the 2 of you want, which could be her, only.  The latter involves a lawsuit in which the court orders the sale of the property. I trust this answers your question, but if you are 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

Although I trust you are not seeking a detailed step by step instruction manual on practicing law, I am happy to state the general process to obtain an amicable no fault divorce in PA. All divorce cases, indeed virtually all civil and criminal cases, are commenced by filing a complaint.  While that may seem as if the Plaintiff is complaining about something, the word simply refers to the pleading required by the rules to begin a case. Once the complaint is filed, it must be served upon the defendant which service can be accepted or achieved through certified mail or personal service via a process server.   Following service, you must either wait 90 days for the parties to prepare and execute documents consenting to the divorce, or proceed under a one year separation.  In the latter case, you would file an Affidavit alleging that you have been separated for more than one year.  That, in turn, must be filed and served upon the defendant by regular mail. If proceeding under consent, after the 90 days, consent forms may be filed along with a Praecipe to transmit the Record which is the request for a divorce decree.  If proceeding under separation, you must wait 20 days after service of the affidavit before sending a Notice of Intent to Request a Divorce Decree 20 days after the date of the notice.  After that period, the Praecipe may be filed. I strongly advise speaking with a divorce attorney as proceeding pro se can be unnecessarily time consuming and aggravating while the fees for an uncontested amicable divorce easily survive the cost benefit analysis. I trust this answers your questions, but, if you are 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

All property settlement agreements contain a clause reflecting that each party made a full disclosure of their assets.  If your ex spouse failed to disclose assets, that is a basis to revoke the agreement which may occur following a Petition for Special Relief.  While your attorney should take reasonable steps to determine the marital estate, he certainly would not be responsible for fraud committed by the other party. 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

A no fault divorce can be obtained in as little as 5 months if it is amicable.  You should speak to a divorce attorney about that and a criminal attorney about the other matter. 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

The answer to your question truly depends on the language of the Order.  If it states until further order of court, someone should point that out to the sheriff.  Otherwise, someone should correspond with the court, copying the other party, to alert the court to a potential violation of the Order.  Many people in that situation consider a chapter 13 bankruptcy as a viable solution to the delinquency. I trust this answers your questions, 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

As long as you’ve resided in PA for 6 months, you can file for divorce here.  Once a divorce complaint is filed, you will need to serve her with a copy.  Accordingly, you must have her address to be able to proceed. Regarding custody, it does not seem as if she is interested in it, so there is no practical need to obtain a custody order.  Having said that, if she will agree, you can also file a complaint for custody, or include it with the divorce, and an agreement can be filed to obtain a court order. I trust this answers your questions, and if you live in Southeastern PA, 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

Real Estate taxes are based upon county assessments.  Those in turn are determined by an objective third party retained by the county for that purpose.  Many counties take years and even decades to update their assessments.  Accordingly, many are far too low and do not bear a rational relation to the actual fair market value.  For that reason, the state provides for a Common Level Ratio to reflect a value at least somewhat comparable to fair market when valuations are necessary to determine real estate transfer tax upon sale. It appears that Delco finally reassessed the values and the new tax would be commensurate with that value.  Each county has a procedure for objecting to the value assigned.  But, if the value is accurate, or even lower than fair market, you will have a difficult time objecting to the new tax.    I trust this answers your question, 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

I'm asxsuming that you are not a tenant in common, but rather own the property with your spouse as a tenant in common, which means that a bank is unlikely to give you a loan secured only by your interest in the property.  Even so, the equity can be split if, for example, the other owner buys you out, but that depends on the other owner voluntarily doing so. ... Read More

It's possible.  Not only will she lose the money it costs to repair or replace her car, her insurance would be liable for your negligence in driving the car with her permissioni, which means that her insurance rates would go up.  If you are going to use the car on a regular basis, it is likely that her insurance would go up.  And, if she doesn't have insurance, or if it doesn't cover all of the damages caused by the accident, it is theoretically possible that she could be held liable for damages you cause if she was  negligent in entrusting you to drive her car (for example if you don't have a license, or habitually get into accidents).... Read More

I agree with the other answer.  Since I am a PA attorney, I can advise you on a free initial basis. I assume the mortgage was obtained before your name was put on the deed.  Either way, if your name is on it, it is marital property and your property under PA law, generally. The first step is to file a divorce case.  Then we can try to negotiate a settlement of the marital estate.  If settlement is not possible, the matter will require litigation to obtain your equitable share. I hope this answers your questions, and, if you live in Southeastern PA, 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

Child Support laws exist to help custodial parents obtain support from non custodial parents.  It has not been criminal for almost 50 years, but civil.  That means that only you can seek to obtain support which you would do through the Domestic Relations Office of your county.  If you are receiving cash assistance, welfare will take any support up to the amount of your cash payment. However, simply because DRO exists as a method of obtaining an Order for child support, doesn’t mean he will pay it.  Ultimately, he can be held in contempt for failure to pay a support order and incarcerated until he does pay, but that obviously doesn’t assure he will pay. I hope this has been helpful, 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