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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • Is there a time limit from drawing up divorce papers and filing them?

    I heard once the papers are drawn up I have 30 days to file them? Don't quite understand the timing?

    Marshall’s Answer

    • Selected as best answer

    Once the papers are filed, you have 30 days to serve them on your spouse. I think that is what you are referring to.

    There are several deadlines in a divorce case, and you should consult an attorney to make sure the proceeding is handled properly.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, Family Law, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

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  • My daughter would like to change her last name from her fathers to my last name

    We have not had contact from her father for five years. She has asked me if she could change her last name to my last name which might I add is my maiden name I'm not married. Since she has no contact with him or his family and only knows mine she...

    Marshall’s Answer

    Generally this type of change can be accomplished by filing a petition for name change and having one hearing in the court of common pleas. There are some other requirements, particularly when the person is a minor. An attorney can walk you through this.

    Marshall Chriswell

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  • Preemie Baby and Hospital discharge

    Hello my baby was born at 27 weeks by emergency c section due to she was not getting blood from the placenta and pre eclampsia. That was about 3 months ago. My baby was transferred from a level 3 hospital to a level one. We are wondering if we are...

    Marshall’s Answer

    I would never recommend removing a child from the hospital against medical advice. My guess is that the hospital would make a call to your local Child & Youth Services and/or law enforcement agency if they believe the child's health is in danger.

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  • Over 1 yr, my living room ceiling has been dripping water due to recurring leakage. No initiative to change roof, only patchwork

    This is over a year-old problem. The ceiling of my third-floor living room starts leaking water everytime it rains/snows. Numerous written/telecon maintenance requests have resulted in only two patchworks ---- no initiative to change the roof th...

    Marshall’s Answer

    If the condition is bad enough you may be able to withhold rent payments or even cancel your lease. However, you should consult with a landlord tenant attorney or your local legal aid service first.

    Good Luck,

    Marshall Chriswell

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  • I'm trying to purchase a house from a friend how do I find out if there are liens and/or unpaid taxes on the house?

    The person claims that everything is paid up but I just want to be sure before I purchase the house.

    Marshall’s Answer

    The best answer is you should hire an attorney to represent your interests for the closing of the sale. Only an attorney can adequately review the deeds/mortgages/tax records/liens & judgments and other documents in the chain of title and certify that you are obtaining good title to the property.

    If you choose not to hire an attorney the best you can do is hire a local title abstractor to do a title search, lien search and assessment search. You will then have to review the abstractor's findings.

    The last option is to visit the assessment office, recorder of deeds, and prothonotary's office and perform these searches for yourself.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • Me and my girl friend put a pfa on each other . we want to drop them and go to counseling

    we have reconciled and wanting to start counseling

    Marshall’s Answer

    You and your girlfriend should show up on the day of the hearing and let the judge or his/her clerk know that you both want to dismiss the PFA's. The judge may still bring you into the courtroom and ask you both questions about why you want the PFAs dismissed and if you both feel safe enough to do so.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • My sister recently died in a fire. she was a resident of new jersey and had a will drawn up but the fire destroyed the house

    The will was destroyed as well. the lawyer who drew up the will dies in 2006. how do we find out if he had a copy of the will and is there any way to find out who may have this copy now? we are at a loss and do not know how to get help on this mat...

    Marshall’s Answer

    I would recommend contacting the bar association for the county where her lawyer practiced. They may be able to tell you which lawyer took over his practice when he retired or passed away. That attorney may have possession of the file.

    It is also possible that the will is on file at the courthouse, depending on New Jersey procedure, with which I am not familiar.

    Good luck,

    Marshall Chriswell

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  • Can new owner of adjoining property require me to remove items overelapping property lines when prev. owner permitted 20 yrs ago

    2 out buildings and an above ground pool have been in place for many years. The adjoining property owner gave me permission for placement of the items as the items overlap his property line. The 2 out buildings have been in place at least 10 yea...

    Marshall’s Answer

    On the facts you provide, it appears you will have to move the buildings and the pool. You said that the previous owner gave you "permission." I assume you mean verbal permission. This type of permission is called an "easement." Unfortunately, the only way to make an easement valid against subsequent purchasers is to reduce it to writing and record the agreement with the Recorder of Deeds for your county. That way when the purchaser searches the title for the property, they will be properly on notice that the easement exists.

    If you do not move the structures, you can be sued for trespass.

    It would be worth consulting with a real estate attorney to go over the problem in detail and see if you have any other options.
    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • If you use neighbors property attached to yours for 20 years, can they make you get off.

    I have a small plot off my neighbors property I use for keeping a chicken coup. I have used it for 20 years or more. Its mostly swamp land that has never been used by neighbor. Can he ever make me move off?

    Marshall’s Answer

    You can actually acquire ownership to the piece of property you have been using, if you meet the requirements for adverse possession. In order to do so, you will have to prove that you have had continuous, open, exclusive possession for over 20 years, and that you were doing so WITHOUT the permission of the true owner.

    If you and the landowner have an agreement that you can use the property, then you will not be able to obtain it through adverse possession, and yes - he has the right to eject you.

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question 
  • What can the residents of an apartment do about excessive noise. there are handicapped and elderly people being affected

    the noise is caused by a young couple and their 2 children running through the upstairs apartment. also the young boy is destroying property at surrounding homes. these kids are running the streets by themselves. we have talked to the landlord...

    Marshall’s Answer

    I can appreciate the fact that you don't want to get the police or your landlord involved; however, that is your only option at this point. You should call the police when the noise is excessive or when the neighbors trespass or cause property damage. You should also keep your landlord informed of these incidents.

    Once the police determine that a law is being broken, your landlord will have a responsibility to take action, such as warning the problem tenants and/or evicting them depending on the lease and the circumstances.

    On a more practical level -- disputes between neighbors are some of the worst and toughest to solve. It's always best if the neighbors can resolve things among themselves, however if you are scared that violence may ensue, you should definitely keep your distance and deal with this through third-parties (i.e. landlord and police).

    Sometimes you have to be prepared to move if things don't improve.

    Good Luck,

    Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you.

    Sincerely,

    Marshall Chriswell

    Law Offices of Marshall D. Chriswell
    714 Philadelphia St., Suite 200
    Indiana, PA 15701
    (888) 438-5977
    (724) 465-5826

    ***

    Marshall D. Chriswell is a civil practitioner with offices in Indiana and Clearfield Counties. Mr. Chriswell's practice emphasizes Wills & Estate Planning, Probate, Real Estate, and general civil disputes.

    ***

    Mr. Chriswell provides free initial consultations, and will gladly meet clients in their homes upon request, including on the evenings or weekends.

    See question