Pennsylvania Recent Legal Answers from Lawyers

While they can still sue you for the damage, you will be able to present proof that they knew about the damage and accepted your repair as settlement of their claim.  Based on your information you have a defense to a claim they might bring.  Whether you are successful or not will depend on the presentation to the Court and the Judges decision.... Read More

Automatic extensions for EADs involve the same class of EAD and not different classes. That is because USCIS has already seen the basis for and approved the initial EAD application and is not so concerned about issues of ineligibility when considering an extension. In your case, it saw and considered your STEM extension application previously and so allowed your automatic work extension during the pendency. It will not give the same treatment for your initial EAD based upon adjustment of status, an entirely different basis for benefit. 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

A co borrower who is not listed on the deed has no rights to the property at all.  Your question does not reflect ownership.  If she is also on the deed, then she has the right of partition.  That is a process by which a court resolves disputes between co owners, usually by selling the property.  Certainly, other than partition, no one has the right to eject you from your property while you still own it. You placed the question under the category of foreclosure which leads me to ask if you are current with the mortgage.  If you are not, the mortgage company, regardless of any co borrower or owner, can seek to foreclose. Finally, if divorce proceedings are commenced, your wife can seek to have the home sold as a method of obtaining her share of the marital estate. I trust this answers your questions 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

Attorneys are governed by the Rules of Professional Conduct which provide, among other things, that an attorney must communicate with his client and vigorously represent him.  Certainly, I do both of those things. If you are unhappy with your attorney, a common circumstance in family matters, you are free to search for another one. I trust this answers your questions 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

I am unable to give you an answer without more facts.  An important fact that can determine whether you can recover anything from your boyfriend is if the money you gave him was a loan in writing or if he had made any payments to you evidencing repayment of a loan.  If you just gave him the money without putting anything in writing or any documentation that it was a loan that you expected he would pay back, it could be considered a gift or your contribution to the living expenses while you were living there.  As I said at the beginning I am not able to give you any guidance without more facts.... Read More

Although the advice, buyer beware, does indeed apply to all sales of real or personal property, PA requires a Sellers Disclosure Statement.  The purpose of this requirement is to avoid any such issues but it is far from full proof.  If there is indeed a pest problem, and the same was not disclosed on the Sellers Disclosure Statement, you may have a fraud claim against the sellers.  Please note that any such claim must be filed within 2 years of the fraud.      I trust this answers your questions 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

I strongly advise obtaining an estate attorney to represent you as a beneficiary.  The first step any such attorney will take is to review the docket and pleadings.  That way, this and any future questions can be answered promptly and allow you to have peace of mind during the process.   I trust this answers your questions 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

While I don’t handle SS disability myself, I know of many firms who do and I would be happy to refer you to one.  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

Minors may not own property.  Rather, any such property is held in trust by the parents until the child reaches 18.  Since you are 18, I believe you own the horse and should assert your rights to it. 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

When parents cannot agree on custody, the non custodial parent may file a Complaint for Custody in the county where the child resides.  It is a lengthy process but will result in an Order for custody giving you rights.    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

Generally, when a customer, consumer, client makes a deposit for goods or services, he or she has a right to expect the benefit of that deposit.  If your attorney has not taken action on your behalf, he has not performed his part of the contract with you, is in breach, and must return the deposit.  You have several options: Sue for breach of contract Contact the disciplinary board to complain Contact your county bar association about its fee dispute program. 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

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the decree has been entered, you waived your rights to a divorce court determining equitable distribution of marital assets. However, if the house is in joint names, you have a property interest in the house and you are entitled to one half of the proceeds, notwithstanding the divorce. I trust this answers your questions, but feel free 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

Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution, including your retirement.  So it is not so much the house he would have an interest in as the amount taken from your retirement which you will have to account for.     I trust this answers your questions 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

Generally, PA is a no fault state so there is no legal nor practical reason to assert fault grounds such as adultery.  The 2 types of no fault are a one year separation and consent. Regarding the joint bank account, that was clearly marital so she must account for those funds.  Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution.   I trust this answers your questions 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

Your question doesn’t reflect that your name is on the title.  In that event, you have no rights to the vehicle, despite your being on the loan.  Even if it was in your name, too, the other owner would still need to agree to sell it.  What you are experiencing is a common problem among co debtors.   The nature of debt is that the debtor may fall behind.  The only way to protect your credit it to continue making the payments.     I trust this answers your questions 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

Relief from a judgment may be sought by filing a Petition to Open or Strike the Judgment.  A judgment may be opened when there exists a genuine factual dispute.  However, the same must be filed promptly, preferably within 10 days of the judgment and beyond that a reasonable excuse must be provided for the delay in not filing sooner. A judgment may be stricken when there is a defect in service.  However, in my experience, service is usually proper as the Prothonotary, where cases are filed, will refuse to allow a judgment in which service has not been made.  My first step is to check the docket and determine if the record reflects good or bad service. I trust this answers your questions and 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

Your grandson needs to file an action for paternity and request a DNA test be done on the mom himself and the child. If the results come back positive, he can make a motion for visitation rights or joint custody and she will make a motion for him to pay child support. He can also request that the court order that the birth certificate of his child be amended so that the child's surname will be his surname. ... Read More

If a contractor did not perform the work for which you paid him, you have 2 options: 1) report him to the PA Attorney General Bureau of Consumer Protection, https://www.attorneygeneral.gov/submit-a-complaint/consumer-complaint/;  and 2) sue him in magisterial district court which has a $12,000.00 jurisdictional limit.  Please note that neither option assures prompt payment.  To the contrary, it may still be months or even years before you are repaid, if at all. I trust this answers your questions, 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

Thank you for your inquiry, but I strongly recommend that you engage a business law attorney ASAP to specifically advise you regarding these answers as this forum does not lend itself to a quick answer for this very complex questions.    I trust this answers your questions, 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

The quick answer is no, but legal representation is strongly advised, especially considering the relatively low cost.  A Will must be in writing and signed before 2 witnesses who must also acknowledge the same.  The best practice, is to have this all accomplished before a notary to assure the witnesses will never have to appear in court.    I trust this answers your questions, 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

Generally, government employees are immune from suit for conduct during their official capacity.  That is clearly the case here.  Rather, your remedy is an appeal of the Order that you believe was entered without due process. However, a case cannot proceed unless there is proof of service upon you.  Accordingly, I suggest contacting the county sheriff to ask for proof of service.  You may be able to file a Motion to Reconsider, but please note there is a strict time line for any such action and you should act promptly, certainly within 30 days of the Order. I trust this answers your questions, 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

There is a fee to reopen a bankruptcy case which is accomplished via Motion.  Was the personal injury case pending when the case was filed?  If so, and you are the debtor, all you need do is present the same to the trustee who may file such a motion for you. I trust this answers your questions, 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

Ownership of real estate is governed by a deed which is usually recorded at the county Recorder of Deeds Office.  If the title is in your moms, dads, or both names, he has no right to even be on the property, let alone leave his personal property there.  The exception to the normal rule about presence on the property is when he is invited which can be revoked at any time. 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

Generally, the contract itself governs the rights and duties of the parties.  Accordingly, the only way to properly advise you is to review the contract. I trust this answers your questions 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

There is no PA requirement that a party waive a right to discovery, although its possible there could be a local rule to that effect.  However, I suspect your attorney simply wishes to cover his bases and commit to writing your desire to forego discovery.  There certainly is no reason not to sign it. If you are concerned about your attorney’s advice, it is always a good idea to get a second opinion.  However, if you are satisfied no discovery is necessary and it is a simple case with little or no distribution, I reiterate there is no reason not to sign it.  I trust this answers your questions 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