Pennsylvania Recent Legal Answers from Lawyers

If you don’t own the house, the same may still be marital property.  Marital property is defined as property acquired from the date of the marriage to the date of separation.  Accordingly, you could point out that she might owe you money which is at least some leverage for an agreement.  Theoretically, you could ask the court for special relief precluding her evicting you until the case is resolved.  Also, if the PFA was denied, she could be liable for filing a false petition, but it all depends on the facts and whether there was any good faith basis.  Once again, it is at least some leverage. Barring your attempt at obtaining special relief, your wife can seek to evict you under Landlord Tenant Law. I hope 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

I am responding to the last question first as that appears to be more urgent.  In PA, a parent may not relocate a child any significant distance from the other parent without court approval.  If you are concerned he will do that, I strongly suggest you obtain a temporary order for custody. Regarding the title, the only way to compel him is through a lawsuit for specific performance.  You had an oral contract to buy the mobile home, you performed, and he did not.  I hope 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

There is no right to cure a car loan default in PA.  However, before the car may be sold, you will have the option of redemption which is paying the entire balance, plus costs, to recover the vehicle. If you file a Chapter 13 bankruptcy, that will prevent the creditor from selling pending the case in which you will be allowed to repay the entire balance over 5 years. I hope 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

You can sue anyone for anything, and you would have a valid claim (unless there is a limiting provision in the contract) for all reallnably foreseeable damages proximately caused by the seller's breach of the contract.  However, it is unlikely tha the seller will give you a refund until and unless you execute a release agreeing to that as a full settlement of your claims and releasing all others.  You would then have a choice of accepting the settlement, or rejecting it and suing for more.... Read More

Your question is in the nature of contract law.  The ex fiancé will have to prove that the funds were intended as a loan.  He will have a hard time doing that when he signed a gift letter.  His only remedy is to sue and you will have a good faith defense that it was a gift which is what he told the bank. I trust this was helpful, but am happy to advise you further 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 listing contract binds you to the realtor as long as the realtor provides you with a buyer.  Additionally, the Agreement of Sale binds you to the buyer, but the buyer may be limited to recovery of the deposit. Accordingly, both the buyer and realtor likely have claims against you, if you breach.  I hope this answers your questions but I am happy to discuss your options 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 situation is a little unclear, becaues you say that he wasn't charged but also write that you went to court for his charges.  If he was criminally charged and either tried or pled guilty, and snetenced, he can't be retried criminally.  Even if he wan't charged, you have little chance of getting the D.A. to change his mind.  Howver, there is nothing to prevent you from bringing a civil lawsuit against  your abuser.... Read More

  As employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up.   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 employment law is not my main area of practice, I sought advice from a local employment attorney who provided the following advice. As a general matter, an employer can require vaccination (and proof thereof) unless the employee has a documentable medical reason (i.e., disability), confirmed in writing by a treating physician; or religious reason, confirmed in writing  by clergy. If you fall into one of these categories, please advise as the law may protect you. Otherwise, there is no currently recognized legal protection for refusing an employer’s request to take the vaccine.  Feel free to call or email me for any follow up. 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

No, living in the house gives him no additional rights to ownership after the owner dies.  Assuming no major creditors of you sister's estate (which could be you if you claim that you are owed something for the work you did on the house), ownership of the house would pass pursuant to her will.  If no will, it would pass by the laws of intestacy.  I am not familiar with the Pennsylvania intestacy statutes, but they likely provide that, if there are no surviving children or grandchildren (or parents) it owuld be divided equally between the surviving siblings.... Read More

A divorce decree not only dissolves the bonds of matrimony, but resolves any equitable distribution issues.  Accordingly, if assets and debts have not been addressed and incorporated into a divorce decree, neither party has any rights regarding property of the other.  If the house was in your name, only, the title company is wrong to require any further action.  One option is to suggest that the buyer obtain another title company. Kindly note this response is only based on the facts provided.  If the facts are actually different, the answer may be also. 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, any occupant of residential real estate is entitled to due process before being evicted.  Under the Landlord Tenant Act, a notice to vacate must be served at least 15 days before any action is filed to evict. However, if your sons girlfriend vacated the premises, she would no longer be occupying and the executor would be free to change the locks.  Her only remedies are a petition in orphans court or a lawsuit for wrongful eviction.  There would be a fact question whether she was an occupant at the time he changed the locks. Nothing precludes him from allowing her to reside there.  But as a practical matter, as executor he must take steps to secure and liquidate the property for the estate. I hope this has been helpful, but I suggest speaking with an estate attorney and I would be happy to refer you to one.  Simply call or email me for a referral. 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.  While the house is in your name, any increase in value for the 2 years you were together is marital property.  She would need to prove that value, if any, and you have an equal interest in any assets she acquired or which increased in value during that time. Real estate is rarely sold to satisfy equitable distribution in divorce, unless by agreement.  A full analysis is required to provide a better answer and I offer a free initial consult. Feel free to call or email me next week to discuss. 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 assume that your question is related to divorce as you would certainly enjoy any proceeds as part of a marriage.  Under PA divorce law, marital property is defined as property acquired from the date of marriage to the date of separation, including any increase in value.  If you are seeking a divorce, and the house was acquired after you were married, the entire asset is martial.  Otherwise, it would only be the increase in value. 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 I do not handle that area of law myself, I refer such matters to other counsel who have helped many of my clients.  Please email me and I will make the introduction.  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

Good question – this is one that is in the gray area. For certain, unemployment benefits are not public charge benefits, and the answer may depend upon your prospective situation and the interviewing officer if the I-864 has not already been challenged by USCIS before the interview in a request for information or request for evidence. Unemployment benefits are limited by duration and the I-864 is a more permanent obligation in terms of time. Possibly a better situation to an officer would be your having taken unemployment in the past, but actively working at the time of your husband’s interview. You can of course sidestep the question if you have a joint sponsor. 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

Generally, when a divorce decree is entered, the only rights either party retains are found in the Order of Court either approving a settlement agreement or equitable distribution.  The only exception to that is fraud. If you entered into an agreement and merely neglected to include retirement as part of the distribution, that would not serve as a basis for a fraud exception. 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

Since each county has its own rules, and that is too far away from me to handle, I would refer you to local counsel.  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 contract provides for a refund, you can sue.  If the amount is under $12,000.00, you should sue in the local Magisterial District Justice court.  However, if the warranty company is out of state, the DJ may not allow the complaint in that court. 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 realtor violated the contract, you are free to declare the same and proceed with someone else.  However, the realtor may very well sue you based on the contract and you will be forced to defend yourself claiming that he or she breached. 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 an argument can be made that the Landlord Tenant Act does not apply, that is the safest route to take.  If you simply change the locks, he could potentially sue for wrongful eviction.   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 there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit.  If your brother is supposed to get it, the spouse possibly violated the agreement and could be held in contempt. I would need to review the agreement, but, even without that, there may be a cause of action against her.  Either way, like it or not, the IRS probably wont take action against her but I am happy to review the matter. 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