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Questions Answered by Kathleen M Hyneman
2 Answers | Asked in Contracts for Pennsylvania on
Q: I thought I was signing a credit card receipt at Retro Fitness and now they are saying I signed a contract!

I thought I was signing a credit card receipt for a one-time charge for some training sessions at Retro Fitness and now they are saying that I signed a contract! It was not a paper copy of a contract that they presented me with to sign, it was one of those little electronic gadgets that has just... Read more »

Kathleen M Hyneman
Kathleen M Hyneman answered on Oct 23, 2019

There are defenses that you could make that there was no contract. The best course of action is to seek an attorney familiar with contract law and have them write a letter to Retro Fitness with the legal reasons no contract was formed. Many times, when the other party sees a letter from an... Read more »

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1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: Recently put deposit down French drain system due to financing job was never done how do I get deposit back

Gave Ever Dry a deposit of 1000.00 on a job costing 13,000.00 Since I would not take out two different loans from this company someone else called me and would do the loan but a lien would be put on my home said NO! Was told by there finance person that my deposit would come back to me Tharp was... Read more »

Kathleen M Hyneman
Kathleen M Hyneman answered on Jul 16, 2017

It is sad to say that often it requires a letter from an attorney to get a quick resolution to a matter. It may be as simple as having a business attorney draft a letter to the company, however, without seeing the documents that were signed, it is not possible to say that your situation can be... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Consumer Law and Probate for Pennsylvania on
Q: Life insurance beneficiary .

My ex-spouse recently passed away. I am his life insurance beneficiary. The policy was taken out before our marriage. Am I entitled to the benefits? I live in Pennsylvania

Kathleen M Hyneman
Kathleen M Hyneman answered on Jun 7, 2017

If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.

1 Answer | Asked in Business Law and Municipal Law for Pennsylvania on
Q: Hello, do I need a permit to advertise about an event that my non-profit is hosting? We have flyers and other papers

A volunteer group will be walking around door to door to advertise the event. We are not selling anything. We have flyers and other paper materials that we will be handing out to spread the word.

Kathleen M Hyneman
Kathleen M Hyneman answered on May 30, 2017

The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.

3 Answers | Asked in Mergers & Acquisitions for Pennsylvania on
Q: I'd like to buy a business in my town - should I buy it as a corporation?
Kathleen M Hyneman
Kathleen M Hyneman answered on May 16, 2017

There are many things to consider as to manner in which you should structure the acquisition of another company. For purposes of liability, the buyer generally prefers to purchase a business by using an Asset Acquisition Agreement. This will allow the buyer to exclude any unwanted liabilities.... Read more »

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1 Answer | Asked in Business Law and Landlord - Tenant for Pennsylvania on
Q: i am in pike county pa the town is sholoa the question what is the time limitation on filing to get seurity depoist back

from landlord it was back in 2015 july i got sick with cancer

Kathleen M Hyneman
Kathleen M Hyneman answered on May 15, 2017

It is difficult to give you a completely accurate answer without reading the lease, but I think you should send a letter to your old landlord, certified mail, return receipt requested. Most leases will provide that the landlord has to return the security deposit within a certain number of days, or... Read more »

1 Answer | Asked in Collections, Consumer Law and Contracts for Pennsylvania on
Q: With a funeral agreement, does a verbal contract hold grounds over a signed contract?

The funeral director is telling me I gave him a verbal agreement that the funeral bill was going to be paid, but my step mother signed for the services and a acual contract. They are threatening to take me to a magistrate for the bill balance.

Kathleen M Hyneman
Kathleen M Hyneman answered on May 9, 2017

There is something called the parol evidence rule. The parol evidence rule provides that evidence of additions or clarifications to a written contract, will not be permitted to prove the terms of the contract. The written contract governs the agreement between the parties. However, in order for... Read more »

1 Answer | Asked in Contracts and Consumer Law for Pennsylvania on
Q: Is there any way to get out of an auto renewal service contract from Republic Trash Services?

Is there any way to get out of an auto renewal service contract from Republic Trash Services? I signed the contract on 04/18/2011. I send a letter and made numerous phone calls to cancel the service. My letter was dated 04/19/2017. They are trying to charge me six months of liquidation fees to... Read more »

Kathleen M Hyneman
Kathleen M Hyneman answered on May 9, 2017

Unfortunately, auto renewal provisions in contracts are legally binding. Depending upon the wording of your contract, if you do not want to pay the liquidation fees, you may want to send them a letter now to cancel for the next auto renewal. Just be sure that your contract permits you to cancel... Read more »

1 Answer | Asked in Civil Litigation, Business Law and Family Law for Pennsylvania on
Q: If a sole proprietor gets sued can joint assets between spouses be levied in PA?
Kathleen M Hyneman
Kathleen M Hyneman answered on Apr 16, 2017

Since Pennsylvania is not a community property state, your spouse is not liable for the debts of the sole proprietorship. However, if you have a joint bank account, the creditor could go after 50% of the account.

2 Answers | Asked in Contracts for Pennsylvania on
Q: I signed a promissory note for money to start a business. I am in default, what kind of lawyer do I need? Thankyou
Kathleen M Hyneman
Kathleen M Hyneman answered on Apr 16, 2017

You need a business lawyer. You did not state in your question whether you would be able to make payments on the Note. If you can, and plan to make future payments, a business lawyer might be able to negotiate with the lender. If you have no intention of paying the Note, the lender can sue you... Read more »

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