Pennsylvania Recent Legal Answers from Lawyers

When credit is harmed from non payment, one effective solution is a bankruptcy.  A bankruptcy eliminates any personal obligation for a mortgage.  Following a discharge in bankruptcy, you will have a fresh start and may begin to rebuild your credit. There is no other way to force the mortgage company to release you of liability and they never will unless someone of means manages to assume the mortgage. 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 mnahrgang@verizon.net nahrganglaw.com... Read More

A Power of Attorney only allows the agent, working for whomever authorized it, to take actions on behalf of a living person.  Once that person dies, the Power becomes null and void.   There are 2 methods to administer a decedents estate, with a will or without one.  In the former case, you must possess the original will signed by 2 witnesses and notarized.  If that cant be found, an estate can be opened without one.  However, the beneficiaries will be governed by intestacy laws which dictate who may inherit.  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 mnahrgang@verizon.net nahrganglaw.com... Read More

There are essentially 3 types of real estate ownership in Pennsylvania.  The first is tenants in common in which the owners each own a share.  In that event, the death of an owner allows his or her share to pass to his or her estate. The second is joint tenants with the right of survivorship.  In that event, the death of an owner merely eliminates that person from the title which is now owned by the surviving owners. The third is tenants by the entireties which is a marital ownership having the same status as joint tenants.  To advise which type you have, I would need to review the deed.  Regarding the personal property in the house, as opposed to the real estate, if your mom owned it, it may have passed to both of you as beneficiaries.  In that event, you would only own one half of those belongings and the other half would be part of your brothers estate, presumably inherited by your sister in law. 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 mnahrgang@verizon.net nahrganglaw.com... Read More

You should contact an attorney that specializes in Lemon Law cases.  If you are in Eastern PA and are having trouble finding someone for your case you can call my office and I can provide you with 2 attorney's you can contact to discuss your case.  A good resource for finding attorney's that handle this type of case is www.AVVO.com .... Read More

All mortgages, regardless of whether they are categorized as reverse or conventional, require both an application by the borrower and execution of the mortgage itself before a notary.  If you did neither of those things, the proper remedy is a Complaint to Quiet Title filed in the county where the property is located.  The goal would be to prove you did not authorize the mortgage and it should therefore be removed from your title. I suggest contacting the mortgage company and asking for a copy of all loan documents which would include the application, mortgage, and all other required disclosures and documents. I trust this answers your question, 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 mnahrgang@verizon.net nahrganglaw.com ... Read More

I think you, or lawyers.com missed labeled this question. It doesn’t appear to be an immigration question. Unless you are an immigrant with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. You will also need to speak to a criminal law attorney.   Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

Real estate sales are governed primarily by the Agreement of Sale (AOS).  Its terms dictate what the parties rights and duties are.  You should have an attorney review the AOS to determine if it precludes a walkthrough.  Generally, I don’t advise clients to proceed with a purchase unless they are completely comfortable with the item to be purchased.  That is especially true of a house. I trust 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 mnahrgang@verizon.net nahrganglaw.com     ... Read More

The most common method of adversarily resolving property disputes and allocating benefits and burdens is an action in Partition.  Generally, that results in either a private or public sale of the property with each party being reimbursed for expenses and receiving their net share. 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 mnahrgang@verizon.net nahrganglaw.com ... Read More

Because you received a summons and the charges you mentioned, it is best that you contact an attorney to discuss the equities of your case and any possible defenses available to you.  If you fail to show up for your Pleminary Hearing, a bench warrant will be issued for your arrest, so it is best retain the services of a lawyer prior to your hearing given the charges against you. ... Read More

Non compete clauses are narrowly construed and must be evaluated on a case by case basis.  The first step would be to review the contract.  Once an attorney has reviewed the same, a proper opinion can be given.   I trust that answers your question, 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 mnahrgang@verizon.net nahrganglaw.com ... Read More

There are 2 key questions which must be answered to determine if a malpractice case is your only remedy:  1) Was the case dismissed with prejudice which would prohibit a refiling?  2) Has the statute of limitations expired which would bar a refiling? If the answer to both questions is no, you may and should simply refile.  If the answer to either question is yes, then you should consult with malpractice counsel ASAP as there is a 2 year statute of limitations on malpractice in PA. I trust that answers your question, 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 mnahrgang@verizon.net nahrganglaw.com ... Read More

Without seeing the contract it is impossible to give you proper recommendations.  If it is in writing and signed by all parties you may have some recourse to force him to sell you the property for the agreed upon price.  You should contact a local real estate attorney and you can also contact me by visiting my website or calling my office for more information.  The following link is my webpage Law Office of David Kennedy Bifulco .... Read More

You should go to your Township Code Enforcement department and file a complaint.  There are also several steps you can take such as having the repairs done and then deducting the cost from your rent.   The following link to North Penn Legal Services has Tenant handbooks that will be very helpful to you as you take your next steps.  https://www.palawhelp.org/resource/landlord-tenant-handbook .  You can also find information on my website at Law Office of David Kennedy Bifulco. ... Read More

It sounds like you have 2 possible issues: workmen’s compensation and medical malpractice.  If your shoulder was not properly treated, that is a separate cause of action. I hope this addresses your question, 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 mnahrgang@verizon.net nahrganglaw.com ... Read More

Nearly all agreements of sale provide that time is of the essence.  Accordingly, you are under no obligation to agree to an extension.  Rather, if they fail to close when originally scheduled, they are in breach and you are entitled to the deposit.  However, that will only be turned over by agreement or lawsuit. I trust this answers your question, 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 mnahrgang@verizon.net  ... Read More

Marital property is defined as property acquired from the date of marriage to the date of separation, excluding gifts and inheritance.  That includes any increase in value of assets owned at the date of marriage.  Accordingly, to the extent that his retirement accounts or other assets increased in value or were acquired during the marriage, they are part of the estate and you are entitled to a share of them. I trust this answers your question, 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 mnahrgang@verizon.net... Read More

You may file a divorce case in PA as you have lived here for more than 6 months.  There are 2 types of no fault divorce, consent and separation.  You don’t need his consent as you have been separated for more than one year.  However, he will have to be served with the complaint which an attorney can prepare and file for you.  He also has the opportunity to claim economic relief so that will have to be dealt with if or when that arises. I trust this answers your question, but do not hesitate to call or email with any questions 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 mnahrgang@verizon.net... Read More

The new owner is certainly bound by the terms of the lease.  The first course of action is to speak with the landlord noting he must honor the lease.  Some clients find having an attorney involved to be helpful, while others think it might create an adversarial atmosphere aggravating the situation.  You could sue for a declaratory judgment  regarding the terms of the lease, but that is an extreme measure and the last resort.  Rather, the worst case is to simply put up with the unpleasant situation while enjoying the benefits of the space. I trust this answers your questions but do not hesitate to call or email on 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

Fortunately, you will have more than 20 days to respond as the Plaintiff must also send you a 10 day notice after that time expires which will afford another 10 days.  The only way for an attorney to properly evaluate the case is to review the complaint.  I do not know if you have other debts, but you may also wish to consider a bankruptcy as a permanent solution. Although I don’t practice in your county, I can try to help you find local counsel.  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

Custody is unrelated to divorce, although a complaint for the same may be included in a divorce complaint.  Rather, as soon as parents separate, regardless of marital status, a custody claim may be made.  The only jurisdictional requirement is that the children live in the home jurisdiction for at least 6 months. Each case is unique but what you described certainly suggests that the father should not be awarded 50/50 custody.  Rather, he may have partial physical custody, generally every other weekend and one night a week, with conditions such as not driving with the children in the car. 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

When a person makes false statements about you, and such statements have harmed your reputation, you may have a case for defamation.  Such a claim must be filed within 1 year of the false statements and you should seek a personal injury attorney as soon as possible to discuss your rights. 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

There is a difference between loan modification and refinance.  The former may be effected by a Chapter 7 discharge, while the latter should not.  If you obtained a discharge without reaffirming the debt, some mortgage companies will refuse to consider a loan modification.  Based on your description, it does not seem likely you are referring to a loan modification as that will only be considered if you are delinquent.  You stated you are current and have always been so.    By contrast, a refinance does not necessarily involve the existing lender as you can obtain a new loan from any willing new lender.  If your existing mortgage company refuses to consider a refinance based on the lack of reaffirmation, the simple solution is to seek another lender. 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

Your scenario appears to be questionable and may lead to questions of visa fraud at a later date. At the visa stamping, you are making a representation that you are working with your present company, and that is the basis upon which the visa will be given. Immediately working for a new employer upon your return to the US is a confirmation that the consulate was tricked into giving you the visa. I do not recommend the contemplated plan of action. 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