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James S. Tupitza

James Tupitza’s Answers

2,744 total

  • What are the legal ramifications for myself if an ex who moved out 10 yrs ago stashed weapons in basement without my knowledge?

    James’s Answer

    I would call the West Chester Police Dept and turn the weapons over to them.

  • Judgement ?

    James’s Answer

    A judgement has lien priority against real estate for 5 years. It may be extended by a Writ of Execution or Writ of Revival. Even if not extended, it is still a judgment for at least 20 years.

  • My son just died at 23 his ex girlfriend asked his landlord to enter home?

    James’s Answer

    First of all your question is not a wrongful death question. If you son died in a motor vehicle accident, you should consult an attorney Monday morning. Don't delay.

    As for the girlfriend, she has no right to enter the apartment. IF she removed something not belonging to her it is a theft and the landlord is a co-conspirator. Tell the LL that he cannot let anyone in and if he does and things are taken, you will report him to the police.

  • What should I do with contractor who failed to complete the job and is asking for money / threatening to file a lien?

    James’s Answer

    Get out your contract and then Google the PA Home Improvement Consumer Protection Law (HICPA). If the contract does not meet the requirements of HICPA and if the contractor is not registered, he or she are going to have a serious problem.

  • Can I cash a check I won from judgement in Small Claims court and still appeal?

    James’s Answer

    If I were on the other side and you cashed the check, I would argue "accord and satisfaction." Look it up and don't cash the check.

  • My home and driveway has been here since 1955? The Township, is trying to say my driveway is not where it was since 1955.Untrue

    James’s Answer

    I have to tell you that no one could give you an answer to your question without a thorough review of plans and township records, I just tried a very similar case in Chester County (Hickory Hill Group v East Nottingham Twp 2018-00315) you might want to see if you can download some of the pleadings from that case to give you an idea as to exactly how complex a problem you have.

  • I asked for a new contract that was never delivered. Then the landlord just imposed a lease extension, can he do that?

    James’s Answer

    See my answer to this question. You asked it two times

  • How do I add a name to a deed?

    James’s Answer

    1, It is illegal for a title company to prepare a deed where no policy of insurance is issued (crime= unauthorized practice of law.
    2. Preparing the deed is easy. Any real estate lawyer could do it. We do deeds almost every day.
    3. Deciding if a deed is a good idea takes counseling. If mom dies, there will be 4.5% tax on the remaining interest held by her (If she dies within 1 year the tax is on everything).
    4. If the property has appreciated after it was purchased, there is no INCOME tax if sold after death and she is the sole owner. If she has transferred it to her sons, they would be subject to INCOME tax if there was a sale after death. This can get complicated and you need an attorney capable of equipping mom with the information necessary to make the correct decision.

    Get advice on this. Don't be one of those people who engages in brain surgery, self-taught.

  • If I sell my home in PA "as is" with unpermitted work that HAS been disclosed to the buyer, can I still be held liable?

    James’s Answer

    As you might understand, most people would answer this question with a qualified maybe. The issue is how and when did you make the disclosure. Did you explain exactly what was done without a permit? Did the buyer have the opportunity to talk to the codes officer during the inspection period? The more the buyer knew and the more the buyer had the chance to explore, the better your "AS IS" clause. That said if this was a bedroom in the basement addition and there is no second means of escape, there is a likelihood you will be named as a defendant if there is a fire and someone dies.

  • Can you forced to produce bank statement 1 hour before trial when trial is 6 days away? ??

    James’s Answer

    First of all, I assume you have a good reason for being your own lawyer. Generally it is more expensive to cut corners in defending litigation. If the request for documents is part of a trial subpoena and not a general discovery request, a party is permitted to make such a request. HOWEVER, if this were a general discovery request, the solution to you not having these documents in your possession, is granting more time to get them. If you can't get them before trial, just tell the judge the truth. I assume you don't need these bank records to prove your case. I find your judges in Monroe county to be very accommodating so long as you are not trying to unreasonably delay trial.