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Clifford L. Tuttle Jr.'s Answers
Contributor Level 14
- 629 Legal Answers
- 5 Legal Guides
1
Attorney answers:
Landlord tenant laws in PA, tenant's rights against landlord's constant harassment
This is a difficult situation to handle. Have a lawyer write the landlord a letter, pointing out that he is interfering with their right of quiet enjoyment. State that this constitutes a breach of contract. If the conduct persists, talk to the lawyer about bringing a harassment complaint before the District Magistrte. Whether you should do this will depend on how intense the landlord becomes. CLT
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1
Attorney answers:
Punishment for food stamp fraud PA criminal code, food stamp fraud less than $2,000 no prior criminal history
You should not be having these conversations. You need a lawyer and the lawyer should be doing the talking. You need to do this immediately. CLT
9 people marked this answer as helpful
2
Attorney answers:
What is an ARD program, state of PA
ARD is a second chance program for first offenders of non-violent crimes. If you are admitted into the program, the charge is held in abeyance. If you successfully complete the program, the charge is dismissed. ARD usually involves payment of fines and costs, and may include other activities. For example, if you are involved in DUI, you may be required to attend classes about alcohol and safe driving.
8 people marked this answer as helpful
2
Attorney answers:
What is the average length of time for the foreclosure process in PA state
Since most forecloures are unopposed, 40 - 60 days after service are usually required to get a default judgment. It then takes about 60 - 90 more days for the Sheriff Sale to occur. After that, if the former owner or occupant does not leave voluntarily, it may take another 60 days, more or less, to evict the former owner or occupant from the premises. However, presenting a defense may extend this time considerably.
8 people marked this answer as helpful
1
Attorney answers:
Utility easements and tree removal
Do you know where the power line easement boundary is? If not, ask them to provide a plan showing the easement. They have no right to require you to remove the whole tree, but only the portion that is trespassing. Nevertheless, pines grow fast and you may end up removing the tree if too much of it encroaches. if you can still transplant them, you may want to move them far enough away that you can keep them out of the right of way by pruning.
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4
Attorney answers:
Is PA state a community property state, how is separate and marital property divided upon divorce in PA
No, Pennsylvania is not a community property state. Property held jointly by a husband and wife is usually held as tenants by the entireties, meaning it is owned by both as though by one person. However, divorce converts this into a tenancy in common, with each owning one half. If the parties can agree on property division during divorce, all the better. But if they cannot, the court will decide. Separate property, such property owned before marriage or inherited, is retained in full....
6 people marked this answer as helpful
4
Attorney answers:
Under PA law can a credit card company put a lien on my property
The only way a credit card claim can become a lien is if the claimant files suit and obtains a judgment. If this happens, you must contact a lawyer very quickly after you are served or a default judgment may be taken. While judgment cannot be taken without proper notice, circumstances can develop where it appears that you were given notice, but you were in fact never informed. If this happens, call a lawyer as soon as you find out -- it may not be too late if you act promptly. Generally,...
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2
Attorney answers:
At my first hearing what can I expect and what will the debt collector do?
There is no jail or other criminal penalty involved here. This is a civil matter. The worst thing that can happen is that the plaintiff will obtain a judgment which may have to be paid at some later time. It will be on your credit and the judgment holder could execute against property you own, such as a bank account. Unfortunately, the plaintiff will use you as its witness at the hearing to prove the debt. I realize that you are without a job, but if you can, hire a lawyer. You may be...
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2
Attorney answers:
Can a landlord in PA (Allegheny County) waive his/her duty to provide safe common areas (sidewalks, driveways)?
Yes it is legal to put in the lease that the tenant is responsible for snow removal. However, from what you say, it may not be in your lease. However, in the case of an apartment building, how is it going to be determined who shovels what? This is a contract issue that ideally should be worked out before signing. As a practical matter, I cannot think of an easy way to enforce this duty if your lease calls for you and the other tenants to clear the snow. Clifford L Tuttle, Jr...
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2
Attorney answers:
Can a landlord change the locks and refuse to let you in before you finished moving and cleaning?
It depends upon the amount of the security deposit withheld and the value of the items still in the apartment. Send a letter to the landlord demanding the return of the items in the apartment that you want back -- list as many as you can and state the approximate value. Make sure that your current address is on the letter and envelope. Send once certified and one regular mail with a Postal Service certificate of mailing. Wait for the list of damages from the landlord. If it contains...
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