Pennsylvania Recent Legal Answers from Lawyers

Sounds to me like you discovered the radon exactly as an inspection might reveal.  It is unclear from your post what the real estate agent did wrong.  If the home had exposure to radon gas and the homeowner knew it but failed to disclose it on the disclosures report then you might have a reason to avoid the contract.  You do not state anything in your post that ties any sort of responsibility to the real estate agent so I am unclear what you allege he or she did wrong.  As a shorter answer, of course you can sue the real estate agent...does not mean you will win and might even get you sanctioned for brining a meritless claim.  My usual reply to the question "Can I sue...." is just that: of course you can sue - the Courts are open for business.  Pardon my sarcasm but I just want people to have realistic expectations.... Read More

Pennsylvania's Attorney General's office can be found at attorneygeneral.gov.  In particular it sounds like your matter may be handled by the Consumer Affairs bureau.  Be aware that a large part of the AG work centers on crminal matters.  If, however, your dispute is between you as a park owner or tenant and the management company then it sounds like you have a civil dispute on your hands and if that is the case then it is likely that your contract with the management company may address how and where disputes are to be settled.  Arbitration is a common method of handling contractual disputes.  Not every dispute is resolved exclusiely through a lawsuit.  If the attorney you contacted was not able to handle the magnitude or subject of your case then I suggest you keep looking - if you have a legitimate case or claim or controversy there is probably a well-qualified attorney or firm that will be interested in evaluating the case.... Read More

I only practice in PA so can only answer regarding PA law.  However, generally, a suit of any kind, including divorce, cannot proceed without notice to you.  In PA, you may be served certified mail or personally by any adult individual. If the divorce was entered in Delaware, you should speak with Delaware counsel to determine the procedural facts and whether you are able to challenge the decree.  I trust this has been helpful, but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Your concern is a valid one and I believe a strong argument could be made that the suit should have been disclosed by the owner.   However, I don’t believe the HOA owes any such duty to a prospective buyer.  Here is the pertinent question in the Sellers Disclosure Statement which I believe should have been answered yes with an explanation.   (17)  Miscellaneous.      (i)   Are you aware of any existing or threatened legal action affecting the property? I suggest speaking with a real estate attorney about your rights, noting that the statute of limitations may expire 2 years after the sale so you should act promptly. I trust this has been helpful but don’t hesitate to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

While I strongly advise speaking with, and probably retaining, divorce counsel to finalize your divorce, the steps are as follows, subject to local rules which vary by county: Each of you must sign an Affidavit of Consent and file the same with the court. I suggest that each of you also sign a Waiver of 20 day Notice which must also be filed. The Plaintiff must sign Affidavits of Non Military Service and of Defendants Signature which must be filed. The Plaintiff must file a Praecipe to Transmit the Record. I trust this has been helpful, but you are welcome to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

When you have difficulty paying your debt, you have 3 options, negotiate, ignore, or bankruptcy.  Ignoring debt will result in collection, which will likely include one or more lawsuits.   A lawsuit will likely result in a judgment and can also result in loss of bank accounts and personal property. If you simply want to negotiate with the creditors, as opposed to the other 2 options, my best advice is to speak with a US Trustee approved credit counseling agency who will determine a budget and negotiate on your behalf.  For consumers, there are two types of bankruptcies, Chapter 7 and 13.  The former is generally for those who simply require the elimination of unsecured debt such as credit cards.  The latter is generally for those who have fallen behind in secured debt such as a mortgage.  Chapter 13 allows you to repay any arrears over five years as well as pay unsecured debt in part or in full if you have too much income for Chapter 7 . A bankruptcy protects just about all consumer assets.  An exemption is a dollar amount assigned to an asset so that, if a Trustee ( the person charged with liquidating assets) were to attempt to sell such an asset, he would have to pay the exemption amount to you.  Since the stated exemptions usually cover the value of the assets, most consumer cases are determined to be "no asset".  Thus, you simply obtain a discharge of your debt. You should speak with experienced bankruptcy counsel to discuss all the ramifications and opions.  I trust this has been helpful, but feel free to call or e-mail on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Anyone can sue anyone at any time for anything.  The burden is then on the defendant to defend the case.  As you noted, the NY case was dismissed without prejudice so the landlord is free to file in PA claiming whatever he wants.  He is not bound by any amount claimed before.  The only issues that remain are whether you are liable and the amount of damages all of which the landlord must prove. Regarding the condition of the property, in PA, the burden is on the tenant claiming breach of warranty of habitability to escrow the rent pending a resolution.  If the issues with the property did not constructively evict you, in that you could still occupy the premises, rent will not be waived. I hope this helps, but do not hesitate to call or email on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Any time someone tells me they are considering embarking on a new business which involves mobility or work to be performed at a location other than a fixed place of business I cannot help but mention the potential liability if an unfortunate accident were to occur.  Did you know that if you use your personal vehicle for business your personal auto liability insurance may exclude coverage for an accident?  If your insurance denies a claim because of that you could be personally liable for any damages.  So, number one issue is to organize your business properly so that you protect yourself by having proper insurance plus being a corporation or limited liability company helps protect your personal property from loss in a lawsuit.  It may seem far-fetched but I can tell horror stories of people who've lost their car, furnitutre, homes and more vecause of being too unprepared to run a businessthe right way from a legal perspective. ... Read More

The day before is late to be seeking help. Hopefully you hired a lawyer or he can state "I need a continuance to hire a lawyer". Then hire private counsel. There are a number of ways to attack the case depending upon the facts. Private counsel can analyze the facts and decide the best avenue(s) of defense. ... Read More

It is fundamental law in PA that a parent cannot bargain a child’s rights away.  Accordingly, a parent can never permanently waive child support.  There are 2 ways to approach the property settlement agreement.  Your ex-wife may argue that the provision waiving support is unenforceable as against public policy.  The agreement likely contains a clause noting that, if any one provision is held unenforceable, the balance of the agreement will nonetheless be enforced. You or your attorney may argue that she breached the agreement, even if unenforceable, so that she is liable for damages.  But there is no question she may pursue support. I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

I'm glad you're OK. Without a physical injury, there is no legal redress for an emotional or mental injury in PA (and most if not all states) if this was negligence in not fixing the brakes properly, Intentional or reckless behavior does allow for damages for an emotional injury but it is hard to prove it was recklessness or intentional and unless you are debilitated and unable to work, the damages wouldn't make bringing a lawsuit worth it.... Read More

There is a possibility that your sister who is on food stamps may be able to provide an affidavit of support for you as the form does not ask whether the financial sponsor has received government assistance. But please note that any government assistance or unemployment monies cannot be the basis for the financial support. Insofar as your brother is concerned, a person who just began working and has no other history of paying taxes or having considerable assets would be a poor candidate to provide an affidavit of support. 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

With the second-round selections on H-1B’s, petitioners have until October 31, 2023, to file the H-1B petitions. If you have plans to return to the US in the short run, you may wish to continue the F-1 visa interview process. If you plan to stay in India until after the H-1B petition is approved, then you may wish to wait until that time to schedule the H-1B visa interview over there. At this time, appointment times for H-1B are extremely reasonable. 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

I see that you reside in Pennsylvania. I'm a Baltimore County child custody lawyer in Maryland, so my legal knowledge is based on Maryland law and may not align perfectly with Pennsylvania's laws, but I can provide a general perspective on your situation. In many states, including Maryland, grandparents do have the right to petition the court for visitation rights with their grandchildren. Courts usually consider a variety of factors when determining whether to grant grandparents' visitation rights, including the strength of the relationship between the grandparent and grandchild, the potential benefit to the child, and any possible harm. Given your history of involvement in raising your grandchildren, these could potentially be strong points in your favor. However, there are often several hurdles to overcome. One key hurdle is that courts typically give significant weight to the decisions of the custodial parents, so if your daughter and her new husband do not want you to see the grandchildren, you will likely have to present a strong case showing why the court should override their decision. My law firm wrote an article on the issue of grandparents' visitation rights, which analyzed how the US Supreme Court has addressed the issue. In light of these complexities, it would be prudent to consult with a local family law attorney who is knowledgeable about grandparents' rights in your state. They can provide you with guidance based on the specifics of your case and help you understand your options under Pennsylvania law. Remember, the best interests of the children are the primary consideration in these situations, and courts will aim to make decisions accordingly.... Read More

Debtors prison was eliminated more than 150 years ago such that you cannot be imprisoned for failure to pay a civil debt.  However, creditors still have rights.  They can call you, write to you, and sue you.  The first 2 options cannot effect you at all, but the third should not be ignored.  If you are sued and don’t defend, a default judgment will be entered which can then be collected against your assets such as a bank account. If you have debts in excess of $10,000.00, I suggest considering a bankruptcy as a possible permanent solution.  Not everyone qualifies, but an experienced debt relief attorney can advise you regarding your options. I trust this answers your question but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

You can TRY but you risk being charged with false police reporting. The notion of law enforcement "bullying" you into perjury or false police reporting, especially if you called them to the scene, is inherently "problematic." Anyone who has practiced criminal or family law for more than a month has seen the claimed victim of a DV event later try recant the police report when the reconcile with the offender - its the reason why so many prosecuters now prosecute victims who try to imepede prosecution. ... Read More

I also charge $2,000.00 for a standard Chapter 7 which has been routinely approved by the bankruptcy court and trustees.  Accordingly, I strongly believe it is a reasonable fee. That fee does not depend on the amount of debt so that a client could discharge anywhere from $20,000.00 which is only a 10% fee, to $2 million or infinity.   The concept is that clients do not have the ability to pay all their debts when they become due, but should have enough either in savings or from friends and family to afford the one time fee.  Moreover, many of my clients pay over time with the understanding that the case cannot be filed until all fees and costs have been paid.  As long as there is no rush, even if it takes a year to remit the fee, relief can be obtained. If the debt is less than $20,000.00, I consider reducing the fee to survive the cost benefit analysis even though I receive less funds for the same work. I trust that has been helpful, but you are welcome to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the house was acquired during that time, and marital funds were used to buy it, the record owner is irrelevant as it is marital.  If it was his before the marriage, the increase in value during the marriage is also marital. I trust this helps somewhat and you are welcome to call or email me on a free initial basis as I do practice in Chester County. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More