Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 10
  1. What can the residents of an apartment do about excessive noise. there are handicapped and elderly people being affected

    Answered 6 months ago.

    1. Marshall D. Chriswell
    1 attorney 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...

    3 lawyers agreed with this answer

  2. I'm trying to have POA (medical)for my mother over my step father(6 years married) what rights do I have?

    Answered 6 months ago.

    1. John B. Whalen Jr.
    2. Marshall D. Chriswell
    2 attorney answers

    If your stepfather has legal capacity (mentally sound enough to make decisions), then he can appoint either you or your mother as his healthcare agent, meaning that the appointed person could make healthcare decisions for him if he were unable or unwilling to do so himself. If he lacks capacity to sign the Healthcare POA, then you or your mother would need to institute a guardianship proceeding in court. If successful, you would get a court order giving the guardian the power to make those...

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  3. How do i get someone to move out of my house

    Answered 7 months ago.

    1. Marshall D. Chriswell
    2. Michael Ryan Juarez
    3. Rixon Charles Rafter III
    3 attorney answers

    It appears you are in PA, therefore you will have to comply with PA law. The Landlord/Tenant Act requires that you give her proper written notice and then file an eviction action with the Magisterial District Court for the jurisdiction where the real estate is located. A hearing will be scheduled. If you are successful, the judge will issue an order of possession. If she doesn't move, the sheriff will remove her. Good Luck. Please remember to mark this answer as “Helpful” or “Best Answer”...

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  4. I notorized a POA in 2003 in Pennsylvania - is there an expiration date on the notary side?

    Answered 8 months ago.

    1. Marshall D. Chriswell
    2. Michael A Kirtland
    2 attorney answers

    I'm not sure I understand your question fully. A notary stamp usually includes the words, "my commission expires on (date)." This does not mean that the document will expire or become invalid on that date. It only means that the notary public must renew their registration and get a new stamp by that date if they want to continue notarizing documents. If, instead, you are asking whether a POA becomes invalid after a certain amount of time, that depends on the language of the POA....

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    1 person marked this answer as helpful

  5. Does a common law wife in Pennsylvania trump a blood relative?

    Answered 22 days ago.

    1. Jason Kutulakis
    2. Marshall D. Chriswell
    3. James P. Frederick
    3 attorney answers

    I agree with the other responses. To obtain the legal right to make decisions on your father's behalf, a guardian must be appointed. See an attorney for a consultation. There are several in our area who can help. Marshall D. Chriswell 30 South Second St. Clearfield, PA 16830 888-438-5977 www.westernpalawyer.com

    2 lawyers agreed with this answer

  6. Preemie Baby and Hospital discharge

    Answered 4 months ago.

    1. Marshall D. Chriswell
    2. Cindy Lee Villanella Pieret
    3. Paul Dominic Edger
    4. David B Pittman
    4 attorney answers

    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.

    2 lawyers agreed with this answer

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

    Answered 4 months ago.

    1. Marshall D. Chriswell
    1 attorney 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

    2 lawyers agreed with this answer

  8. What do you do when you lose all forms of identification?

    Answered 6 months ago.

    1. Marshall D. Chriswell
    2. Michelle A. Fioravanti
    2 attorney answers

    Contact the PA Department of Vital Records for a new birth certificate: http://www.portal.health.state.pa.us/portal/server.pt/community/birth_and_death_certificates/11596 Contact your local Social Security Office for a new social security card: https://secure.ssa.gov/apps6z/FOLO/fo001.jsp

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  9. My Fiancee and I paid a security deposit on an apartment, but didn't sign a lease. We chose not to take it. Can they sue?

    Answered 7 months ago.

    1. Marshall D. Chriswell
    1 attorney answer

    No, if you did not sign a lease you are not liable for anything over and above the charges stated in the application (application fee? credit-check fee?). If this was a true "security deposit," then it should be returned to you. However, if it was a non-refundable deposit to hold the apartment during your application review, then the landlord can keep it. Take a look at your application for the appropriate language. Further, you should immediately provide the landlord or management company...

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  10. My daughters fatger mentally and physically abuses me. What are my rights?

    Answered 8 months ago.

    1. Jeanne B. Costopoulos
    2. Brian Edward Sipe
    3. Marshall D. Chriswell
    4. Harry Edward Hudson Jr
    4 attorney answers

    I agree with my colleagues that you should seek a Protection from Abuse order, and seek help from a women's shelter. However, your question also asks whether you could sue your abuser. The answer is that you may be able to sue him for personal injury and obtain a money judgment as compensation for the the physical and emotional damage he has caused you. I would recommend seeking the advice of a lawyer in your area. Please remember to mark this answer as “Helpful” or “Best Answer” if...

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