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Pennsylvania Contracts Questions & Answers
1 Answer | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

1 Answer | Asked in Collections and Contracts for Pennsylvania on
Q: Received email about charged-off HSBC debt from 2016; statute limitations concern in PA/GA.

I received an email from a pre-litigation company about a credit card debt with HSBC that was supposedly charged off in 2016. The representative mentioned that the debt was purchased by a law firm and could be pursued for breach of contract under a 10-year statute of limitations. I have lived in... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 14, 2025

A "charge-off" of a debt is an internal accounting process, and it has no legal effect on the indebtedness.

You appear to be correct about the length of PA limitations.

Note that the PA statute of limitations runs from the date of default. That period may be extended,...
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1 Answer | Asked in Estate Planning, Contracts and Banking for Pennsylvania on
Q: How to resolve name discrepancy for power of attorney in PA?

My uncle was born as Patrick James Gallagher, but he has always gone by James or P. James. Some bank accounts list him as James J. Gallagher. We are having trouble obtaining a power of attorney because the names don't match. We were informed that a notarized document is needed, but we're... View More

Michael Cherewka
Michael Cherewka
answered on Feb 21, 2025

when drafting the POA you should have the attorney list every name variant above as A/K/A (also known as) and there should be a separate signature line for each A/K/A.

the first name and the most important one is the name on your uncle's driver license since he has to provide a copy of...
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1 Answer | Asked in Landlord - Tenant, Collections and Contracts for Pennsylvania on
Q: Statute of limitations for collecting back rent in PA with partial payments

I need information on the statute of limitations for collecting back rent in Pennsylvania. I have a written lease agreement, and the back rent has been due since January 2016. There have been no court proceedings or formal communications with the tenant regarding the back rent, although there have... View More

David Kennedy Bifulco
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answered on Feb 17, 2025

At this point if there has not been a payment in the last 4 years the debt is not collectable through the Courts. Also, since it is so old it is unlikely that it will be successful in litigation. Most Municipalities and Landlord Tenant Courts require a rental license and valid inspections. If... View More

1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
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1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on
Q: Can insurance company deny claim if the claim isn't reported within the time contraints that were in the contract?

A tree fell on my house in April. It didn't look like a like a lot of damage. However 2 weeks later there is significant down pour and water is coming in through the roof. It is past the 14 days the incident actually happened, but because it didn't rain, you didn't know there was... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. Yes, they can deny for not being placed on notice of the claim in a prompt manner. However you raise some valid points of your own, being the policy jacket and not being aware of the water incursion until the... View More

1 Answer | Asked in Contracts, Civil Litigation, Collections and Small Claims for Pennsylvania on
Q: What legal rights do I have for doing mechanic work at my house on someone else's car

I perform mechanic work for people that can't afford the price of dealerships or a mechanic shop I charge half price or less before I start the work the owner of vehicle and myself having agreement on cost of parts, labor and total price. When I complete the work and it's time to pay... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 24, 2024

First, is your agreement with an owner in writing?

And that document should set out the work to be performed, the costs for that work, and the due dates for payment.

And then the document should state the various remedies for default in payment.

In PA, and most other...
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1 Answer | Asked in Consumer Law and Contracts for Pennsylvania on
Q: If my wife & I have paid for upgrades to my jeep. Parts were never installed how long do I have to get a refund.

These were all separate transactions. Some work was done, some were never done. I asked more than once for the parts to be installed. It never happened and I've since traded that jeep in. The mechanics shop has since changed names, but still have the same owner,.

James L. Arrasmith
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answered on Feb 23, 2024

If you have paid for upgrades to your Jeep and the parts were never installed, you may have recourse to seek a refund. The timeframe within which you can pursue a refund depends on various factors, including the laws in your jurisdiction and any agreements or contracts you entered into with the... View More

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: My employer has paid for a class. I was given a NDA from the organization teaching the class. What can I disclose?

They received money for a class. Do they have to declare something is confidential to be covered? Can my employer ask me to share what I learned with management and staff?

T. Augustus Claus
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answered on Feb 8, 2024

In Pennsylvania, when you sign a Non-Disclosure Agreement (NDA) for a class paid for by your employer, the terms of the NDA dictate what information is considered confidential and what can be disclosed. Typically, NDAs require specific mention of what constitutes confidential information, which... View More

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: Really need advice, not sure how to go about this

Hi my name is Alicia. I'm not sure who I contact or even how to go about this issue. Me and my ex have a 3 yr old daughter, she hasn't let me see her in months. We have a signed and notorized contract. The baby also has my lastname. Is there any chance I have some type of rights? Or... View More

James L. Arrasmith
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answered on Jan 22, 2024

Alicia, in your situation, having a notarized contract regarding custody or visitation rights is significant. This document may outline your rights regarding your daughter. However, the enforceability of such a contract can vary depending on its contents and how it aligns with Pennsylvania family... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Pennsylvania on
Q: Can forgery invalidate security interest in a mortgage?

Lender believed that the address on the mortgage, note, and notice of assignement were incorrect. To correct it, they completed a modifcation document with the assigned servicer and forged the signature of the borrower. Because there was no real mutual agreement based on the forgery, do the... View More

T. Augustus Claus
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answered on Jan 16, 2024

Forgery can have significant legal implications, and if a signature on mortgage-related documents, including a modification document, has been forged, it raises serious concerns about the validity of those documents. In Pennsylvania, as in many jurisdictions, a forged signature can potentially... 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 Employment Law and Contracts for Pennsylvania on
Q: Can a health agency require an I-9 for a 1099 contractor?

I am an LPN working as a 1099 independent contractor with a home health agency in Pennsylvania. The agency requires me to fill out an I-9 form, although I'm not an employee. They also want to offer me a lower rate and pay time and a half for hours over 80, contrary to how I was paid by... View More

Joseph Korsak
Joseph Korsak
answered on Mar 22, 2025

No I-9 required for an independent contractor. Are you doing 80 hours a week?? What are your job duties??

1 Answer | 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.

1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: Please interpret this. Am I liable for the penalty of 25,000 dollars if I terminate the contract?

Section 10 of Contract states that I can terminate it without cause. Section 11 breach has a penalty of 25000 dollars. Employer insisting 25000 dollars penalty when I resign. I think they are wrong.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2024

A Pennsylvania attorney could advise best, but your question remains open for over a week. It could be difficult for attorneys here to comment on the terms of your contract. The format is limited to quick Q & A. Any law firm would likely want to see the contract in its entirety. You may lose... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Elder Law for Pennsylvania on
Q: can a hotel front desk turn me away and deny me a room after a paid confirmed resrvation because I am a local resident

On 10/23 around 10PM I made reservations by phone for a room at the Holiday Inn Express a few miles away from my home.

A UGI utility crew was working in front of my home looking for a gas leak. As a precaution I made that reservation for safety reason

for myself my wife and small... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm really sorry you had to go through that stressful experience. Denying a reservation based on being a local resident can be troubling and may raise questions about fairness and legality.

Many places have policies to ensure equal treatment for all guests, and refusing service due to...
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1 Answer | Asked in Consumer Law, Contracts, Collections and Small Claims for Pennsylvania on
Q: Verizon charging me $1246 after not informing me that I was going to be charged if switching carriers.

I signed up with Verizon, got 2 free phones from them, stayed with them 9 months, the days I signed up, I was never told that I had to pay for my phone in case of leaving, I decided to move to another carrier, I went to verizon store asked for transfer pin that was needed for the new phone carrier,... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 20, 2024

The contract you signed with Verizon was a service contract which included the price of the phones. When you transferred carriers, you still owed for the phones. It doesn't matter what anyone told you, it's the written service agreement that counts.

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Pennsylvania on
Q: We had a sewage leak that created a poop pond in Pennsylvania is he required to have it hazmat cleaned now I'm very sick

I have pictures and photos for the least we are to notify him of anything that is broken or has a problem and I have and I have the text messages he sends people but doesn't follow up or follow through with whoever he contracts and now he doesn't care that I'm getting sick and been... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you’re in a tough spot, dealing with a serious health and safety issue due to that sewage leak. First off, if you’re getting sick from this situation, it’s important to seek medical attention immediately, and document everything—doctor visits, symptoms, and anything that... View More

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Health Care Law for Pennsylvania on
Q: Had MSP , along with GHP as primary insurance. Medicare let providers overbill me. There is negligence and bad faith .
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. One option is to discuss the matter with your state's department of insurance - in most states, they handle consumer-related matters involving insurance. Good luck

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