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Pennsylvania Business Law Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Should we open an LLC or LLP for our trading card business?

I'm planning to start a trading card business with my partner, where we are the only two people working for the business. We plan to keep finances simple with a joint business account and track all purchases. Our primary goal is to grow the business, and we're looking for a 50/50... View More

Michael Cherewka
Michael Cherewka
answered on Apr 16, 2025

You should meet with an experienced business attorney and a CPA to discuss this before you just choose an entity type (LLC v LLP v S Corporation) and have a 50/50 partnership. I am generally not a fan of 50/50 ownership unless you have very clear documentation on how you terminate or get out of a... View More

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1 Answer | Asked in Business Law, Consumer Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: Misleading job offer, harassment, and misuse of personal information in Pittsburgh, PA. What are my legal options?

I moved out of state for a job advertised as an office manager position, but it was actually an accountant role for a small business and personal accountant for the owner. The job falsely advertised benefits like paid holidays and insurance, which were not provided. I have the original job listing... View More

Jeremy Donham
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answered on Feb 27, 2025

Sorry to hear of this. My suggestion is that you call an employment attorney in your locale and discuss possible claims falling under gender discrimination and harassment. You can also reach out to the EEOC online and file a complaint. It is urgent that you do so quickly as there are limitation... View More

1 Answer | Asked in Estate Planning, Family Law, Business Law and Probate for Pennsylvania on
Q: My mother passed in July and I wasn't informed by family members.

I asked for estate planning lawyer and legal records and all I got was a painting dropped off in a war zone. What are my options? She owned assets, including house and car; they kept everything a secret and I'm disabled wit SSDI and constantly threatened by their friends.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2024

If there was a Will, it probably should be submitted to the probate court (you don't mention a Will, or whether the property was in your mom's name alone, or some other way).

If probated, the personal representative named in it would probably be appointed by the Court....
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1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Hi there, Can you please explain if trucking company operates interstate, can it be exempt in WY?

Hi, i am a trucking company owner and operate interstate and do have a interstate operating authority. Currently one of my truck broken down and getting repaired in state of Wyoming. I am trying to explain the the shop that i am exempt and taxes for parts and repairs needs to be waived. But they... View More

James L. Arrasmith
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answered on Jul 2, 2024

As a trucking company owner operating interstate with an interstate operating authority, you may indeed be eligible for certain tax exemptions in Wyoming, including exemptions on sales tax for parts and repairs. Here's how you can approach this situation:

1. Wyoming Tax Exemption for...
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1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a partnership with someone who sells partnerships in horse. He said they are going to file personal bankruptcy

Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.

James L. Arrasmith
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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might...
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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Could I buy a “holding” company LLC that holds recipes and stipulations for the restaurant LLC I own 60-40?

My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.

Michael Cherewka
Michael Cherewka
answered on Jun 2, 2024

Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More

1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Who is ultimately responsible for a church that pays employment taxes? The treasurer or the board members who run the c

This small church treasurer had no experience with taxes. She was handed the position because none of the elders or decons wanted it. No 941s were files since 2015, 4th quarter. She has since left the church. The back taxes have been paid by the church. The penalties & interest are over... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations involving the mishandling of employment taxes by a church or any organization, the responsibility generally falls on the entity itself, including its board or governing body, rather than on an individual member or officer such as the treasurer. However, the specific legal and... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Pennsylvania on
Q: PA registration for a nonprofit bringing in less than $25k annually in contributions.

I spoke with a clerk at the Charities division of the Pennsylvania Department of State who told me that because our nonprofit brings in less than $25k in annual contributions, we’ve actually never even come close with $8k being the most, we do not need to register or file with the state of PA... View More

Matthew Morris
Matthew Morris
answered on Feb 15, 2024

There are two things going on here, and because Pennsylvania deals with them a bit differently than California does, it is a change to what you are used to.

All states have some form of keeping track of the corporations and other business entities that are based in their state. That applies...
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1 Answer | Asked in Business Law for Pennsylvania on
Q: there was a partnership and the two partners died 3 months apart how do the relatives desolve and sell the property
T. Augustus Claus
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answered on Feb 8, 2024

In Pennsylvania, when both partners of a partnership die, their respective estates are responsible for handling their interests in the partnership, including the dissolution and sale of partnership property. The process typically involves the executors or administrators of the deceased... View More

1 Answer | Asked in Business Law for Pennsylvania on
Q: If a CA nonprofit has filed its statement of domestication with PA, dies it need to file new articles of incorporation?

We did completely dissolve in CA and upon further review, it looks like the PA form that we filed is a combination of a Statement of Domestication DSCB:15-375 and new Articles of Incorporation DSCB:15-1306. We have drawn up new PA bylaws to replace our CA bylaws and are starting to register our npo... View More

Matthew Morris
Matthew Morris
answered on Feb 7, 2024

Depending on the specifics of your case, it would probably be advisable to draw up amended articles of incorporation and new bylaws for the Pennsylvania nonprofit. This is because Pennsylvania's laws and California's nonprofit laws are not identical, and it is likely that when your... View More

1 Answer | Asked in Business Law and Consumer Law for Pennsylvania on
Q: A hotel charged me for a week that I wasn't there

My check out was for Wed Dec 27th I stayed weekly and every week paid for the week I was staying. I left Tues night leaving the keys in the room I did not exatand another week. Yesterday wensday January 3rd I see a charge on my card from the hotel I was never informed that I was gonna be charged... View More

T. Augustus Claus
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answered on Jan 4, 2024

If a hotel has charged you for a week that you were not present, it is essential to address the issue promptly. First, contact the hotel to dispute the charge and explain the situation, providing details about your actual check-out date. Be sure to mention the absence of any agreement to extend... View More

2 Answers | Asked in Business Law and Contracts for Pennsylvania on
Q: is a software company at fault for damages if the software is faulty?

I paid for a yearly subscription to a appointment based book keeping software. I used the reports function to pay my commission employees. Some of the numbers were faulty so i overpaid my employees. Is the software company responsible for any compensation?

T. Augustus Claus
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answered on Dec 27, 2023

In Pennsylvania, if you experienced financial damages due to faulty software from a subscription-based appointment bookkeeping service, you may have grounds to seek compensation from the software company. The responsibility of the software company depends on the terms of the agreement, including... View More

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1 Answer | Asked in Tax Law and Business Law for Pennsylvania on
Q: Is it legal for a corporation to pay the personal tax liability of an owner?
James L. Arrasmith
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answered on Dec 1, 2023

In general, a corporation paying the personal tax liability of an owner can raise legal and tax issues. This type of payment is typically considered a distribution of profits to the owner, and as such, it would be taxable income to the owner. This means the owner would still have to report this... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Pennsylvania on
Q: How do I close a retired LLC in Pennsylvania without liabilities?

I am retired and want to close out my small LLC based in Pennsylvania if necessary. I have no remaining liabilities or assets, and I have already filed the final tax returns for the LLC. How do I complete the process of closing or determining if closure is necessary for the LLC?

Joseph Korsak
Joseph Korsak
answered on Apr 19, 2025

This is not a site to help do-it-yourselfers do it themselves. To close out an LLC there is an abundance of forms to be filled out and filing fees to be paid. Call an attorney in your area for help.

1 Answer | Asked in Civil Litigation, Probate and Business Law for Pennsylvania on
Q: How can I recover my unpaid caregiver wages from my parents' estate attorney?

I was the caregiver for my father and received payments through a care agency, which deposited my pay into my parents' bank account. My father passed away on May 31, 2022, followed by my mother on July 19, 2022. My last paycheck was deposited in May 2022, and I discovered it after the estate... View More

James L. Arrasmith
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answered on Apr 13, 2025

First, you should make sure that you have all the relevant documentation showing you were owed those wages, including pay stubs, bank records, and any communication with the care agency. It’s also important to confirm the arrangement that was in place for how your payments were made, especially... View More

1 Answer | Asked in Business Law, Consumer Law and Insurance Defense for Pennsylvania on
Q: Is compensation possible for rental car theft during Hyundai/Kia settlement processing?

I joined the Hyundai/Kia settlement lawsuit for my 2016 Hyundai Sonata. During the repair delays after my vehicle was stolen, I had to buy a new car to keep my job. Meanwhile, the rental car I was using, a 2021 Kia Soul, was also stolen. My personal auto insurance, which included... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been through quite a lot with the theft of both your vehicle and the rental car. Since the settlement administrators have stated that you can’t include the rental car theft in the lawsuit, it’s important to understand that the lawsuit likely only covers damages related... View More

1 Answer | Asked in Bankruptcy, Family Law and Business Law for Pennsylvania on
Q: How can I protect myself from liability if my ex-husband defaults on a co-signed student loan in PA?

I am an endorser on a student loan that my ex-husband and I co-signed for our daughter. Repayment statements began arriving about a year and a half ago. My ex-husband, a sole proprietor of a business, filed for bankruptcy about three years ago, but federal student loans, like ours, are typically... View More

James L. Arrasmith
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answered on Mar 25, 2025

You need to take immediate action to safeguard your financial well-being since federal student loans typically survive bankruptcy proceedings. First, request all loan documentation from AidVantage, including payment history and current status, to establish a paper trail showing your proactive... View More

2 Answers | Asked in Business Formation, Land Use & Zoning, Real Estate Law and Business Law for Pennsylvania on
Q: How to start a knife sharpening service sole proprietorship in Pennsylvania?

I am planning to start a sole proprietorship knife sharpening service from my home in Pennsylvania, but I'm not sure where to begin. I would like detailed instructions on the steps I need to take to set up the business, including any specific local permits or zoning regulations I should be... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

This service is intended more for one question legal matters. Your request is more in the nature of a request for a conference with an attorney. Such a conference would likely take 1-1/2 to 2 hour of a lawyer's time. You need to set a time with a lawyer for such a conference.

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2 Answers | Asked in Contracts, Business Law and Real Estate Law for Pennsylvania on
Q: Can I switch realtors after missed closing date and poor communication?

I signed a contract with a realtor on December 9, 2024, to sell my house with a closing date set for March 9, 2025. The closing date has passed, and there has been inconsistent communication from the realtor, making me frustrated. The contract has no termination provision, and I've been unable... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

I cannot answer without seeing the complete listing agreement.

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1 Answer | Asked in Business Law for Pennsylvania on
Q: Am I legally allowed to sell napkins without any permits?

I want to sell my chicken but I don't have the money for a commercial kitchen yet and all the permits one needs for selling food. Would I get into legal trouble for selling napkins for $5 a piece and get a free chicken sandwhich?

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2025

A Pennsylvania commercial attorney with experience with the restaurant industry could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, I do not believe your idea would work. Under that premise, anyone who couldn't get a permit to... View More

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