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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • Is a landlord allowed to sue and collect money for a boken lease even though he rented the the place out one week later?

    I was renting a house and could not afford it any more and told my landlord but he attempted to get me to stay paying less money but I didnt thus breaking the lease which was just automatically renewed. He then took me to court suing me fo the bro...

    Marshall’s Answer

    Generally no. A landlord is required to "mitigate their damages" meaning that the landlord has to make reasonable efforts to rent the dwelling after you vacate, and he can only seek damages for the actual amount of rent that he lost when the dwelling was not rented. If the new tenant is paying less rent than you did, then he could possibly seek the balance from you. You should seek the consultation of a landlord/tenant attorney in your area.

    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.

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  • Iam trying to change my sons last name but i cant fine his birth certified so i was wondering if this form was the right one

    application for certified copy of birth record

    Marshall’s Answer

    Yes, this sounds like the form you would need. By completing it you will get a birth certificate with a "raised seal" which is usable for most, if not all, official purposes.

    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 
  • Getting Married and would like to add maiden name as another middle name. First Middle Middle Last. How does it work legally?

    Also, is it a pain? I haven't heard of others doing this. I'm also moving to Ohio, is it legal there?

    Marshall’s Answer

    I am only licensed in PA, but there are name-change laws in every state.

    The way it works here is to file a petition with the court, stating your old name, your desired name, the reason for the change, your address, how long you have resided in the county, and some other information required by the statute.

    Once that is filed, you have to have a criminal and civil records search done to ensure there are no judgments or warrants that you are trying to hide from. You also have to be fingerprinted by the state police. Further, you must make publication of the petition in two newspapers for a week or so. Then you will have a hearing, and if you have met all the requirements, the judge should grant the petition and your name will be legally changed at that moment. You then take the court order to the Social Security office and DMV and any other interested parties for new documents, etc.

    As you can see, there are a lot of steps and it is a little complicated. I think you should consult an attorney to handle this for you.

    Good Luck,

    Marshall Chriswell

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  • Can I Call the courthouse on the day of the hearing?

    Is there a possible way to maybe call the courthouse on the day of the hearing or call the mother's cell phone while shes at the hearing?

    Marshall’s Answer

    I'm not sure what you are asking. Do you merely need to get in touch with your mother to speak with her? Or do you want to testify at the hearing over the phone?

    Either way, call the clerk's office and see what their procedures are. They will be able to guide you.

    Marshall Chriswell

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  • Does Pennsylvania have a state minimum child support amount even if the payee does not have a job?

    My children have only been with their father for three weeks but he has threatened domestic relations on me.

    Marshall’s Answer

    Every parent is responsible for financially supporting their non-emancipated children until the children turn 18 (sometimes longer). If your ex-spouse files for a support order (I'm assuming there is not one already in place), then the court will decide the amount based on your income. If you are not working, the court may enter an order of support based on your ability to work. If the judge decides that you are able to work but not trying hard enough to find work, then he still may issue a support order based on your full-time earning capacity.

    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 
  • Is a tenant responsible for fire damage if it's not stated in the lease?

    My apartment had a grease fire and is trying to charge me for the damages. They have insurance but are still trying to get me to pay for the damages. It does not state in the lease who is responsible for repairs

    Marshall’s Answer

    If the fire was caused by the negligence (or intentional act) of you or your guests, then it is entirely possible the insurance company will seek payment from you. You need to contact an attorney in your area immediately.

    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 
  • Is there a way to legally break a lease due to medical conditions?

    My roommate and I live in a house that has been converted into three apartments. We share heating with one of our neighbors, and she controls the thermostat. Our furnace runs constantly, to the point that we have opened the only two working wind...

    Marshall’s Answer

    Look at your lease. Does it say anything about early termination? What is the penalty? If it is not addressed in the lease, or if the penalty is excessive, I would recommend talking to your landlord and see if he/she is amenable to allowing you to break the lease early for the reasons you have stated. If not, then you should contact a landlord/tenant attorney in your area for a free consultation.

    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 
  • Can a car company tow my car if we had a verbal agreement that i could keep my car

    i lost car insurance and they said they were going to tow my car within three days i had car insurance and the worker said that was fine and we made a verbal agreement that i could cacth up on my car payments. they towd my car saying i had no insu...

    Marshall’s Answer

    Attorney Sipe is correct, if your verbal agreement was with the employee of the repo company or the tow truck driver, it likely doesn't mean anything. The fact is that you were required by your contract to maintain insurance on the vehicle, and you breached the agreement. If your agreement gives you a period of time to "cure" a default prior to repossession, then you could have an attorney look at that language to see if it applies to your situation.

    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

    See question 
  • Can I still be evicted if I pay my rent before the court date?

    My husband & I fell behind 6 months on our rent (he was unemployed & I was on unpaid medical leave). We are both back at work & struggling to catch up. We received an eviction notice & then court papers saying we have a hearing on Nov. 5th. If ...

    Marshall’s Answer

    Generally, yes a tenant has a right to cure the default (i.e. pay all rent due) up until the court enters an order or writ of possession for the landlord. Entry of such an order will usually happen at the hearing or shortly thereafter. You should make payment of the back rent as soon as possible, and make sure there is a record of the payment (certified mail, cancelled check, etc). Then appear at the hearing and defend against the eviction on the basis that the landlord has already been paid everything she is owed.

    You may want to consult with a landlord/tenant lawyer in your area.

    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

    See question 
  • Can a person who lives in a residence (owned by another) over 30 years, seek an easement upon the land by prescription ?

    I've lived in a family residence for over 30 years, and I believe that based upon my presence and activity on the property for such period, ownerships rights in the land and improvements have matured and given me an adverse possession of the prop...

    Marshall’s Answer

    You would have to file a quiet title action in court, and establish that you meet all of the requirements for adverse possession. If the court determines that you have had exclusive, continuous, hostile, and open possession for over 21 years, then you may be able to obtain ownership to the property.

    You posted this under the landlord/tenant category. Is that because you are a tenant? Did you ever have a lease or permission to use the property from the owner? If you are or were there with permission, this will certainly hurt your ability to acquire the property through adverse possession.

    I highly recommend seeking the help of a real estate attorney prior to any action.

    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