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August Michael Damian

August Damian’s Answers

27 total

  • Did I do wrong by signing the medical release form? What is the next appropriate action to take? Should I contact a lawyer?

    I am a car accident victim and have been dealing with pain issues on/off since October. I have been under a doctors care since the beginning and recently (beginning of December) out of work without pay. Imaging is normal. I am going to therapy 2-...

    August’s Answer

    I would not worry about it right now. You can decline authorization on the release of medical info with the negligent party's ins co. It is not a significant problem if a problem at all. I would definately contact an atty experienced in personal injury matters as soon as possible. Thank you.

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  • Can you recover for damages if the other driver has a low tort limit?

    My boyfriend was critically injured as a pedestrian. His bills are approximately $750,000. The driver who hit him has $25,000 in tort coverage. My boyfriend does not drive and did not have any car insurance. Is there any other way to recover for ...

    August’s Answer

    The other attorneys correctly identified the issues. I would echo the advice to meet and retain a competent attorney in this field of law as soon as possible to have your boyfriend's case reviewed. Good luck!

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  • Can you break a lease for excessive noise reasons?

    We recently moved into a luxury rental. The next day, construction began next to us. We were told (by our realtor) it was too cold for the lot next to us to begin construction. I work from home and the noise level is almost unbearable. Can we ...

    August’s Answer

    You do have legal rights under the tenant/landlord laws of PA for possible breach of the covenant of quiet enjoyment. Also, there may have been a misrepresentation by the realtor acting on behalf of the landlord. You should definitely contact an atty. since this issue involves a high amount of potential damages if you end up vacating the premises and losing in court.

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  • My boyfriend and I moved in together a year ago this month. I am the only one on the lease because he did not have a job when we

    My boyfriend and I moved in together a year ago this month. I am the only one on the lease because he did not have a job when we moved in and couldn't prove that he had any money coming in his way. We are having a lot of problems fighting now abou...

    August’s Answer

    I suggest contacting an atty on this question. It depends on whether the law considers your boyfriend a "tenant" or a guest. If a tenant, then yes, you will need to go through the eviction proceeding at the magistrate's office. If he is considered only a guest, you could have him removed as a trespasser or consider filing a protection from abuse order with the magistrate due to his violent outbursts or some other legal action the magistrate can provide. I would avoid self help remedies at this point, especially if you are wrong about his legal status. The police will probably not get involved if you ask them to remove him as a trespasser and look at the situation as civil in nature and not criminal. I hope this helps. Proceed very cautiously and again, you should contact an atty. for legal advice.

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  • In Pennsylvania is there any law that says a mold inspection company must obtain consent of the property owner

    I am a tenant in a private multi-family development in Pennsylvania for 11 years, I already have medical evidence of possible toxic mold syndrome and was advised to secure professional testing. The management is aware but is completely non-respon...

    August’s Answer

    I don't believe you need any prior consent of the landlord to have your apartment tested unless part of the testing would involve altering or damaging any part of the apartment or any requirements under the lease. You want to check the lease to see if there are any special considerations in which you must comply. However, generally speaking, as long as the purpose is legitimate, which in all aspects this would be, you have the right to have the testing done without prior consent of the landlord. If there is some doubt in your mind or you have questions, you should seek the advice of an atty.

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  • Can I get refund for the apt application fee?

    I applied for an apartment through online in a website. The rental company has one bed/two bed room apts. In their website, I chose only one bed room as my first, second and third preferences since I'm looking for one bed room apt. The website off...

    August’s Answer

    I would say generally an application fee is non-refundable. However, in your situation, the management company had no available 1 bedroom apartments so it could not provide the apt. you were looking for. I believe you should receive your app. fee back under these circumstances. If the management co. still refuses to return your app. fee, tell them you will file a complaint with the magistrate's office seeking the refund. This would be your only recourse.

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  • How resolve noise issue from adjacent property?

    Property across the road from our residence recently replaced a older chicken house with new type of chicken house which uses tunnel ventilation. This involves 24 discharge fans on the end of building facing our property. These fans run when n...

    August’s Answer

    You would first contact the local community where you live to see if they have enacted a noise ordinance. Zoning laws in the community also need to be checked to see if the neighbor is legally operating his business in the zone where he lives. If you cannot show a "public" nuisance then you may have a claim for a "private" nuisance. An atty would need to be consulted for further advice.

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  • Can you kick a person out without an eviction notice if there is no lease ?

    My brother has been back home for about two weeks and has been nothing but ignorant to everyone in the house. He will play music extremely loud very late at night, he has shoved our older sister around and worst of all he has recently cause my fat...

    August’s Answer

    The question is not whether there is a lease per se. You can still have a landlord-tenant relationship without a written lease. So the question is whether there is a landlord-tenant relationship which is fact specific and determined by state law. Based on the other information, you would have grounds to contact the police and county agency for elder abuse. Assuming your parents own the house, your parents can ask your brother to leave the house. If he fails to do so, they would ask the police to have him removed as a trespasser. Beyond that, you would need to call an attorney. Your sister could file assault charges against your brother for pushing her. Good luck!

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  • My neighbor behind me built a fence on my property. I'm in PA and planning to sell my home soon - What can I do about this?

    I would like to maintain relationship with them, but would like the fence down and one put up at the END of my property, not 5 feet on mine. Would this cause problems selling as the property is not as stated in the deed?

    August’s Answer

    As long as you have a certified survey indicating the property lines, you can and should require the adjoining owner to move the fence over onto his property, not yours. Otherwise, the purchasers and title insurance company may not allow the property to transfer at closing because of this issue. If the adjoining owner refuses or ignores your request to move the fence, I would suggest you contact an attorney at that point.

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  • What can I do to get this fixed? I have filed this complaint with the PA attorney general office and am waiting

    I live at Brookside Village (UMH) trailer park here in Columbia County. For well over a year I have had sewage back up into my bathtub/shower because of tree roots causing problems with a sewer line in the yard. Brookside Village admits that it is...

    August’s Answer

    It's not uncommon to have drains back up in rental properties or for any property for that matter. It is especially prevalent in multi unit buildings because all of the plumbing fixtures tie into the same lateral lines before it exits into the main line in the street. I believe to answer your question properly, an attorney would need more facts. How often has it backed up over the last year and how bad was the back up? There is the warranty of habitability in PA which allows for offset of rent and/or vacating the premises if the warranty is breached. You can also claim loss of personal property due to sewer damages. You should consult an atty. for proper legal advice.

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