Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. What do you do when you lose all forms of identification?

    Answered over 2 years ago.

    1. Marshall D. Chriswell
    2. Michelle A. Fioravanti
    2 lawyer 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

    2 lawyers agreed with this answer

  2. 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 over 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer 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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  3. My daughters fatger mentally and physically abuses me. What are my rights?

    Answered over 2 years ago.

    1. Jeanne B. Costopoulos
    2. Brian Edward Sipe
    3. Marshall D. Chriswell
    4. Harry Edward Hudson Jr
    4 lawyer 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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  4. Can i withhold rent or even sue my landlord for him not fixing the roof that has been leaking for the last 3 years?

    Answered over 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    The answer to your questions depends on how bad the leak is. Pennsylvania law requires landlords to provide a safe and sanitary dwelling for their tenants. This concept is known as the implied warranty of habitability. If a landlord has breached the warranty by failing to make repairs after being notified, then the tenant may have cause for withholding the rent until repairs are made. However, if you withhold the rent, your landlord will probably attempt to evict you. You would be afforded...

    2 lawyers agreed with this answer

  5. Does filing for a short certificate send a red flag to the courts that a probate filing should occur?

    Answered over 2 years ago.

    1. John B. Whalen Jr.
    2. Marshall D. Chriswell
    3. Yvette E. Taylor-Hachoose
    3 lawyer answers

    The only way to obtain a short certificate is to open an estate for the deceased individual. The short certificate is proof that a will has been probated (or if there is no will, then it is proof that an administrator or administratrix has been appointed). You are correct that once an estate is opened, there are many other steps to follow and additional costs will be incurred. If the landlord will not acquiesce on this issue, you might have no choice. You should contact an attorney in your...

    2 lawyers agreed with this answer

  6. 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?

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    2. Timothy Allan Berger
    3. Michael T Millar
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Can we fight eviction without notice to comply?

    Answered over 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    If the case were to go to court, you would be able to pay the full amount to avoid eviction. The landlord and/or the attorney will know this. Therefore you should contact them and let them know you are prepared to bring the account current. If they accept payment, make sure you get written acknowledgement that you have paid (you should always get rent receipts) and that you account is current as of the current month. Good Luck, Please remember to mark this answer as “Helpful” or “Best...

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  8. Can we have a dead tree removed which is exactly on our property line?

    Answered over 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    If the tree truly straddles the property line, then you and the neighbor have joint authority over it, and share responsibility for it. A survey can determine exactly where the property line is in relation to the tree. If the tree or any of its branches pose a hazard, then the tree, or the hazardous branches, should be removed. If the hazardous branches overhang your property, then you are within your rights to remove them. If you feel that any part of the tree that is on your neighbor's...

    1 lawyer agreed with this answer

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  9. Original landlord didnt give us any notice of getting a new property manager we want to file for damages and lost possestions

    Answered over 2 years ago.

    1. Rixon Charles Rafter III
    2. Marshall D. Chriswell
    2 lawyer answers

    You need to seek the assistance of an attorney. Neither the landlord nor the property manager have the right to evict you without proper notice and then seeking an order from a District Judge. If you cannot afford an attorney, I recommend you contact North Penn Legal Services: http://www.northpennlegal.org/ 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...

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  10. I had 2 lower back surgeries.Do I need my doctor in order to apply for S.S.Disability benefits?

    Answered over 2 years ago.

    1. Gregory J. Brewer
    2. Dennis Alan Palso
    3. Robert C. Alston
    4. Marshall D. Chriswell
    4 lawyer answers

    It will be difficult to obtain Social Security Disability benefits if your only treating physician is of the opinion that you can perform full-time work. The Social Security Administration will want to see that doctor's records when you apply. Your best bet is to visit another doctor prior to applying, and hopefully obtain an opinion that is more consistent with your actual ability to work. This way your first doctor's opinion is not the only one on the record. If I were you, I would hire...

    3 lawyers agreed with this answer