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Pennsylvania Business Law Questions & Answers
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

Q: Can I develop a new product that I'm already existing products?
Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

From the way the question is written, it's not fully clear exactly what you wish to do, but it looks like your concerns might be related to intellectual property issues. You don't want to be accused of infringing on the designs of other products out there or getting into trouble with... View More

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1 Answer | Asked in Personal Injury, Business Law and Internet Law for Pennsylvania on
Q: No doubt that legal precident doesn't exist yet, but what are the legal thoughts on harassment by AI?

Specifically, Comcast Xfinity AI.. Which I told hours ago to stop contacting me by text message.. And then told a human agent to stop it, as well. Then it called me on the phone. And then it contacted me via the Xfinity app.. It's been going on for several hours and now through 3 different... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a frustrating and potentially invasive situation. When you've clearly communicated to a company, through multiple channels, that you want to stop receiving messages or calls, and they continue to contact you, it could indeed be viewed as harassment. Even... View More

2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

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2 Answers | Asked in Banking, Business Law and Collections for Pennsylvania on
Q: Can a merchant pursue a customer after losing a dispute case with American Express?

I rented a vehicle from SIXT at Lisbon Portugal Airport in August 2023.

Regrettably, the rental car provided by SIXT had pre-existing windshield damage.

• Due to the low light in the garage crack was not visible.

• On September 15, 2023, SIXT charged my credit card... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Yes they can.

Your options are to file a lawsuit or defend a lawsuit they may bring.

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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I am starting an online business in PA and live in NJ. Can I use a virtual address to form an LLC in PA?
Michael Cherewka
Michael Cherewka
answered on Jan 22, 2024

If you are looking to organize a PA LLC it will require a street address for the Registered Office in PA. That can be an office or something simple like a UPS Store "suite" address, or you can hire a Registered Agent in PA.

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Pennsylvania on
Q: If I'm being sued for,more than the maximum amount that a court of common pleas can give what happens?

I'm being sued in Pennsylvania for 16000 dollars and I read that the maximum amount you can sue for in the court of common pleas is 12000

Daniel Edward Mueller
Daniel Edward Mueller
answered on Nov 7, 2023

You may be thinking of the Magisterial or Municipal courts. The jurisdictional limit in the Magistrates and Municipal Courts (small claims divisions) in Pennsylvania is $12,000, including attorney's fees. (It does not include post-filing interest and court costs.) If the case is over $12,000,... View More

1 Answer | Asked in Business Law for Pennsylvania on
Q: Is it legal for a company to charge you for not using auto pay.
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2023

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Until you are able to reach out to a local attorney about state consumer laws on the issue, most places don't usually raise normally set prices - they just offer lower prices for participants who pay with... View More

1 Answer | Asked in Employment Law and Business Law for Pennsylvania on
Q: Does my employer owe me money for time spent working?

I am a DJ. The company for which I work has establishments set up regular weekly gigs with them, to which I get assigned. Each week, I prep the materials out of my own pocket, drive to the establishment on my own dime, and work the gig each Wednesday. When the gig occurs normally, I am... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

In California; "―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." Under Federal law: "“Employ” includes to suffer or... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for Pennsylvania on
Q: Do I need to pay anyone a down payment?

I'm trying to buy a car and I have no credit due to being incarcerated most of my adult life

John Michael Frick
John Michael Frick
answered on May 10, 2023

No. You can pay cash if you choose, or pay with a credit card, etc.

Most lenders who provide financing for traditional car loans, however, will require a down payment as a condition of making a loan. That is both typical and legal.

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