Marshall D. Chriswell’s Answers

Marshall D. Chriswell

Indiana Estate Planning Attorney.

Contributor Level 11
  1. If there is a "no contact" order by the judge between me and my soon to be ex with 2 kids, how do i contact them?

    Answered 11 months ago.

    1. Kathryn L. Hilbush
    2. Marshall D. Chriswell
    2 lawyer answers

    You must not contact anyone who is a "protected party" in the PFA order. If the PFA order does not include a provision for custody, then you will have to file a separate custody action at the court of common pleas, and you should make sure that the clerk understands there is a PFA order in place, so that they can make arrangements at the courthouse so that you don't have contact with your "ex" during the mediation process. I suggest that you find a family law attorney to help you with this....

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

    Answered almost 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer 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...

  3. If my wife were to add my name to the deed of her house. Would I be intitled to moneys if we were to devorice?

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    You should speak with a family/matrimonial lawyer about this issue. The general rule is that assets and debts belonging to one spouse at the time of marriage is NOT marital property, meaning that it will not be subject to equitable distribution at the time of divorce. However, the increase or decrease in value of an asset is marital property. Also, solely owned property can become marital property by putting the title in joint names. Again, this is complicated. You should not rely on the...

  4. Hi me and my daughters father has joint custody and he has broken the custody order so many times. whatcanido i dont have money

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Contact your local Legal Aid office. Find them at www.palawhelp.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 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,...

  5. Do I have to clean the carpet & walls of an apartment after living there for 7 years in PA?

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    There is no such law. You should consult your lease and communicate with you're landlord. Good Luck. Marshall Chriswell

  6. What is the Pa. statute of limitations on inheritance.

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    It is difficult to answer this question without more information. You should consult a probate/estates attorney as soon as possible. In PA, illegitimate children do have inheritance rights from their fathers, but only in certain circumstances: such as where the mother and father subsequently got married, where the father "held" the child out as his own, or if he made support payments, or where paternity can be proven by clear and convincing evidence (such as a prior paternity test)....

  7. Am I responsible if a tree on my property falls on my neighbors fence and damages it?

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    Your neighbor will probably Turn this in to their insurance company. Their insurance company might seek payment from you if they believe the tree falling was foreseeable and it was the product of your negligent maintenance. Marshall Chriswell

  8. Please see the letter I got below. Is there anybody out there who knows about tenant rights. Do I have 30 days to remove my item

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    If you provided notice to your landlord within 10 days of moving out, then the landlord is required to hold your property for thirty days. I recently wrote a legal guide on this issue, which you should review. Here is the link: http://www.avvo.com/legal-guides/ugc/pennsylvania-landlord-tenant-law-act-129-sets-new-rules-for-tenants-abandoned-property Good Luck. Please remember to mark this answer as “Helpful” or “Best Answer” if appropriate. Thank you. Sincerely, Marshall...

  9. Whats rights do i have to fight a collections for cancel of lease after 3 hours after signing

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer answer

    I understand your frustration. However, once you signed the lease you became liable for the rent. The landlord does have the duty to "mitigate" your damages, though -- that is, the landlord must make reasonable efforts to find a new tenant as quickly as possible, but he/she may collect the rent from you in the meantime. You should have a landlord/tenant attorney review the lease to determine if there is language dealing with an early termination. The lease itself may limit your liability....

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

    Answered about 2 years ago.

    1. Marshall D. Chriswell
    1 lawyer 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...