Tresckow Land Use & Zoning Lawyer, Pennsylvania
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Joseph R. Ferdinand
Land Use & Zoning, Wills, Wills & Probate, Corporate
Status: In Good Standing Licensed: 47 Years
3 East Butler Drive, Drums, PA 18222
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LEGAL TERMS
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
EVIDENCE
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony... (more...)
The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the 'he said, she said' variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence.
RESTRAINT ON ALIENATION
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.
ESTATE
Generally, all the property you own when you die.
HOMESTEAD DECLARATION
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
FUTURE INTEREST
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian,... (more...)
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian, but only after the death of his wife, Hillary. Marian has a future interest in the house.
TENANCY IN COMMON
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owner... (more...)
A way two or more people can own property together. Each can leave his or her interest upon death to beneficiaries of his choosing instead of to the other owners, as is required with joint tenancy. In some states, two people are presumed to own property as tenants in common unless they've agreed otherwise in writing.
EVICTION
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful det... (more...)
Removal of a tenant from rental property by a law enforcement officer. First, the landlord must file and win an eviction lawsuit, also known as an 'unlawful detainer.'
SAMPLE LEGAL CASES
COAL GAS RECOVERY v. Franklin Township Zoning Hearing Board
Coal Gas Recovery and Emerald Coal Resources appeal an order of the Court of Common Pleas
of Greene County (trial court) affirming the grant of a special exception by the Franklin Township
Zoning Hearing Board (Board), which included a condition that was challenged by ...
Spahn v. Zoning Bd. of Adjustment
1135 Samuel C. Stretton, Esq., Law Offices of Samuel C. Stretton, West Chester, for Gary
Spahn, Society Created to Reduce Urban Blight (SCRUB)/MC Tracy/Wynnefield Hghts. Civic
Ass'n/Belmont Village Comm. Ass'n, appellants. ... Richard Gerson Feder, Esq., Cheryl ...
Hafner v. ZONING HEARING BD. OF ALLEN TP.
These cross-appeals arise from a decision of the Court of Common Pleas of Northampton County
(trial court) that affirmed two decisions of the Allen Township Zoning Hearing Board (ZHB). The
proceedings before the ZHB arose from the inquiry of Brian J. Kulp and Melissa J. Kulp ( ...
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