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Marshall D. Chriswell

Marshall Chriswell’s Answers

99 total


  • Can I sue my landlord for infested rodents in my house ?

    My house is infested with rodents ,rodents are in my kitchen eating our food, ate through the kitchen pipes for water ,owner put rat traps out and we catch rodent all the time ,babies and large rodents. Ive had this problem since my daughter moved...

    Marshall’s Answer

    You should contact a landlord/tenant attorney in your area. If you are low-income, and cannot find an attorney who will at least give you a free consultation, then you should contact your local legal aid service (find them online or by contacting the county courthouse).

    An attorney will advise you as to how exactly to proceed, but this is clearly an unsafe and unsanitary condition, and the landlord cannot allow it to continue. Depending on the severity of the problem, you may be able to withhold your rent payments until the problem is taken care of. You also may be able to recover back-rent payments for the time period after you reported the problem. A California attorney can advise you with more certainty.

    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 i withhold rent or even sue my landlord for him not fixing the roof that has been leaking for the last 3 years?

    The roof has been leaking for the last 3 years and after several attempts of asking my landlord to fix it, he has not done it stating he doesnt have the 6000 to pay for it but yet just built a brand new home for his family. The roof is now leaking...

    Marshall’s 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 a hearing, where you could explain to the District Judge why you weren't paying rent. At the hearing, you will have to present evidence of a serious defect (a bad leak) and explain why it threatens your health and/or safety. Even if you are successful at the hearing, you will probably have to pay back most or some of the rent you withheld (so save it, don't spend it).

    I would recommend seeking the advice of a landlord tenant attorney or, if you are low-income, contacting Mid-Penn legal services prior to withholding rent. http://midpenn.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, 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 
  • How old does someone have to be to use a dumpster?

    like big dumpster that are used in hotels

    Marshall’s Answer

    It is difficult to answer your question without more facts. I am only licensed in Pennsylvania, but I am not aware of any laws or regulations regarding an age limit for the use of a dumpster. However, an employer may have a policy that only employees of a certain age are allowed to use certain facilities and equipment in connection with their employment, and this could very well include the use of a dumpster.

    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 is the statute of limitations in PA on landlord/tenant issues? Can I get any of my money back?

    Landlady has been charging me 40% of electric bill. 1 electric meter for 2 apts. At a hearing on a different matter, according to the MDJ I do not have to pay electric because I never signed an agreement. Can I get any of my money back from h...

    Marshall’s Answer

    You will find that most lawyers are hesitant to provide information about the statute of limitations, because there are exceptions to the general rules, and we would not want you to miss a deadline because we provided information without knowing all of the facts.

    You should consult an attorney 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

    ***

    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 i file for visitation for my grand daughter?

    Me and my daughter had a fight and now she don't let me see my grand daughter is there anyway i can have a visitation

    Marshall’s Answer

    Grandparents may be granted visitation rights, but only under specific circumstances. You should consult with a family law attorney in your area to discuss this further.

    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 
  • I have a question about estate administration where accounts are held jointly, but not with right to survivorship

    I am executrix for my mother's estate. I and my 3 sisters are to split the estate equally - 25% each. My mother had two accounts which are held jointly with one of my sisters. The accounts are NOT joint with right to survivorship however. Do th...

    Marshall’s Answer

    You should consult with a probate attorney. Particularly, have them look at the exact language on the bank accounts to determine whether the account is held with survivorship rights (the bank may not use those words exactly).

    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 does it mean when 2 people are on a deed thas says,

    As joint tenants and not as tenants in common with the express right of survivorship

    Marshall’s Answer

    I agree with my colleagues. Joint Tenancy with the Right of Survivorship means that when one owner dies, that owner's interest will pass to the other joint owners, NOT the deceased owner's heirs. It also means that one of the owners will have a difficult time conveying or mortgaging his/her interest in the property without the consent of the other joint owners.

    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 person relinquish their rights to be a co-executrix but then name someone to replace them?

    My mother and her sister are the surviving children of a parent who has passed with no will. My mother lives out of state. In order to obtain a short certificate she was told she needed to post a $5,00.00 bond. She would like to relinquish her ri...

    Marshall’s Answer

    Yes, your mother may file a renunciation with the Register of Wills, and in that document she may recommend that her daughter be appointed instead. The final decision will, however, be up to the court.

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

    This very large tree has been dead for 2 years. We offered to pay to have the tree taken down, but our neighbor refuses to agree to its removal. Can he stop us from taking it down or sue us later?

    Marshall’s 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 property needs to be removed as well, and your neighbor will not agree, then you may need a court order to do so.

    You ask if your neighbor can take action against you if you decide to remove the tree. The answer is yes, if the part of the tree you remove is on his property. Your neighbor may seek a preliminary injunction from a court ordering you not to remove the tree, or sue you for trespass after the fact. Whether your neighbor will be successful is unclear, but he/she certainly could bring a lawsuit.

    Keep in mind that this is not legal advice, and I highly recommend that you seek the advice of an attorney in your area before taking any action.

    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 is lessee parent's obligation to continue rent payments following death of lessee according to Pennsylvania law?

    Deceased Daughter has one-year lease of a 1 BR apartment in Secane, PA (a Philadelphia-neighboring suburb). The lease ends in April 2013. Landlord says the estate executor (responsible next of kin - Father - in this case) is responsible for rent...

    Marshall’s Answer

    Unless the father cosigned the apartment lease with his now-deceased daughter, he will not be held responsible for any rent or other charges under the lease.

    I don't believe the landlord will be able to collect any rent for the time period after the daughter passed away, because this superseding event would terminate the lease. However, if there is any rent or other money due to the landlord from charges prior to the girl's death, the landlord may file a claim against her estate. If there are sufficient funds in the estate to pay the landlord (after the cost of burial and other administrative costs, and the payment of other debts in their statutory order of priority), then the landlord would be paid out of the estate funds -- not personally by the father.

    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