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Pennsylvania Contracts Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: how to legally make contracts and what to put in them.

I want starting a business with someone else using my idea/system that i made, I want to share the business 50/50, how can I make this legal, as well as make sure they don't steal the information and use it somewhere else?

Michael Cherewka
Michael Cherewka answered on Apr 8, 2021

You have a number of questions here that you really need to sit down with a business attorney and sort through your best options. First of all I never recommend a 50/50 split of ownership because it can lead to deadlocks at a number of levels in the business. As far as your idea/system, that... Read more »

1 Answer | Asked in Contracts and Small Claims for Pennsylvania on
Q: customer owes me $. Can I sell their product to make up money that is owed?

My company did work for a client. They refuse to pay their invoice. By accident one of their vendors sent me their merchandise. Can I sell that to recoup my losses?

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

No, that would be conversion, or theft. You can return the product or tell the customer and ask if he would like you to sell it and charge the proceeds against his account to you. And/or you can take him to small claims.

2 Answers | Asked in Consumer Law, Contracts and Collections for Pennsylvania on
Q: Which statute of limitations applies to my debt?

I live in Pennsylvania. I believe PA follows whichever statute of limitations is shortest, is this true?

The personal loan was obtained from Best Egg, which is based in Delaware. But, the Original Creditor is listed as Cross River Bank (Marlette Funding, LLC). Cross River Bank is based in... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 28, 2021

it is often said by the courts that "the debt follows the debtor". in other words, to sue on the debt, a creditor must sue in the jurisdiction where the debtor can be found and served with process.

The PA statute of limitations is located in PA Statutes, ch. 55, Sec. 5525. I...
Read more »

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1 Answer | Asked in Landlord - Tenant, Contracts and Personal Injury for Pennsylvania on
Q: I just rented an apartment 5 days ago. I was locked onside because door would not open. 6 hours later they got it open

I’m scared to death to stay there thinking had there been a fire, my 5 year old son and I might be dead or seriously burned! They drilled through the door...my son was screaming...

I don’t want to stay here. How can I get out of my lease and move to a safer space? What recourses to I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Look at your lease, but the fact there was one incident is usually not sufficient to say the premises are uninhabitable. If you spoke to the locksmith and they said that there was no way they could fix it that's a little different, but locks are not the type of thing that a Court will break a... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Am I able to get of of my current lease due to a medical condition?

Hi. My daughter seems to be stuck in an iron clad lease! They put that it’s $10,000 over 10 months instead of monthly. She is having SEVERE medical issues (anxiety and migraines) due to an incident the 1st week she moved in girls stealing and fighting with her (roommates) police report filed and... Read more »

Nellie T Schulz
Nellie T Schulz answered on Dec 12, 2020

I know if no law in Pennsylvania that would relieve a tenant from lease obligations because the tenant is very ill and has been advised by their medical doctor to move out. In fact, there us a law in Pennsylvania which says that if a tenant dies while the lease is still in effect, the lease is not... Read more »

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1 Answer | Asked in Contracts and Criminal Law for Pennsylvania on
Q: How many Tattoo Artist and my old apprentice who quit unexpectedly He took some items that weren’t his

He quit without notice and when I asked for my items back he was reluctant to do them even give me grief about when I needed them

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Oct 10, 2020

I am not sure I see a question? Yiu could aue him for the items or report it to the police as a theft. The police usually dont like to get involved in business disputes but they might investigate further.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Can a hotel in Pennsylvania refuse service to a local customer who went to check in who made a reservation in advance
Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Pennsylvania attorney could advise best, but your post remains open for four weeks. It should not happen under ordinary circumstances, but COVID has introduced some new issues to the hotel and hospitality industry. If it is for other reasons, an attorney could advise more meaningfully with... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: Hello, I am trying to get out of my lease.

I live in a studio apt that is noisy at late hours and constantly has an overabundance of pungent weed smells going around. I am having health issues and this is not helping. I get dizzy and lightheaded from the smells and it states in the lease that there is no smoking allowed. I have complained... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2020

A Pennsylvania attorney could advise best, but your question remains open for two weeks. You could try reposting in the Landlord-Tenant Law section. There's no guarantee that all questions are picked up, but under Landlord-Tenant questions, your post would have better chances. Good luck... Read more »

1 Answer | Asked in Contracts, Criminal Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Q: Do I have grounds for a lawsuit?

I went to a rehabilitation center to seek help for my alcoholism. I was there for 30 days. Their policy required patients to turn in all of their personal belongings (phone, wallets, etc) except for clothing. During my stay, one of their staff members stole my credit card and ID and committed... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 2, 2020

A Pennsylvania attorney could answer best, but your post remains open for two weeks. As a general matter, it does not appear to be a case that attorneys might consider taking on a contingency basis. If you are paying by the hour, the burden is upon you to provide evidence of the theft. In a busy... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: Sold my home to oldest son for what I owed on it. Verbal agreement I could live there until I died.

As soon as the sale was finalized I was forced out by verbal abuse escalating to physical abuse. Do I have any legal recourse for the rest of the price of the house?

Vincent Gallo
Vincent Gallo answered on Jul 23, 2020

Responding from a New York perspective, verbal agreements usually bear very little weight.

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Pennsylvania on
Q: NDA for consultation?

I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2020

The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: How are days prior to Settlement Date calculated?

I need to have repairs completed "no later than 3 days prior to Settlement Date". My Settlement Date is July 14th. Do I have to have the repairs done by July 10th or 11th? The state is Pennsylvania. I am having delays due to COVID.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 24, 2020

Talk to the buyer and ask for an extension. Make sure its in writing.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Contractor agreement was for a certain price but then I was charged an additional 3% for him choosing to use Square app.

We signed an agreement for a certain price and then I was charged an additional 3% because he chooses to use the Square application as form of payment. What are my options? Why should I have to pay more for the contractor's choice of method of payment, especially since it was not specifically... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 23, 2020

PA has a home improvement consumer protection law. If the contractor did not notify you in advance that this charge would be incurred for using Square for payment you may have a claim. I would suggest contacting the PA Attorney General's office to see. Good luck.

2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: Conducting business in Partnership and sole proprietorship at same time in same type of business with few modifications.

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

Please see the answer I provided to this question when you previously asked it.

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1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I have formed an llc and bought 25% share in a produce store. Now I want to open Another produce store on my own, can I?

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

There are two issues here. The first is whether the new business should be run under the same LLC. I would think the new business should be a new and separate LLC to run the new produce business unless the original LLC is only used to hold the 25% interest in the other business. This should be... Read more »

1 Answer | Asked in Contracts for Pennsylvania on
Q: Client cancelling their event due to Covid-19. Deposit paid for my services. I have a no refund policy after 30 days.

My contract states no refund of deposit after 30 days. It also says any cancellations due to War, global calamity, or death in the family can be scheduled up to a year from the original date. Client wants a refund. I offered to reschedule. Am I okay legally if they speaks to lawyer.

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

looks like a global calamity, so offer them to reschedule in writing and show you are big hearted by extending it to a year starting June 5th or whenever it would be permissable in your county to have a gathering or event such as was contracted for.

They can speak with an attorney. You...
Read more »

1 Answer | Asked in Contracts for Pennsylvania on
Q: Can a noncittizen buy a car in a legal way?

Someone i know wants to buy a car.

He is not a cittizen of US .

What is the procedure to buy a car for a not cittizen person ?

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

They can buy it. The problem is that to be registered you need insurance. To get insurance you need a license. If they have a license, get insurance, they can not only buy the car but get it insured and registered.

1 Answer | Asked in Bankruptcy, Contracts, Business Law and Civil Litigation for Pennsylvania on
Q: My uncle's company was sued and won by default they have an AQ incorporation and have no assets.

They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

Empty the bank accounts immediately and have your uncle consult a debtors attorney.

1 Answer | Asked in Contracts, Collections and Sexual Harassment for Pennsylvania on
Q: I receive two letters from two different lawyers and I need a lawyer

I was hired to write and direct a stage play. The guy promised to pay me and the actors even if the play was canceled. The man ha yet to pay me or the actors. and I received two letters from lawyers on his behalf. both of his claims are false. however, I have been giving a week to respond to one. I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

The "one week to respond" is baloney---but hard to tell if they are saying you have one week to do something you are obligated to do under the contract....different.

It's hard to tell without knowing the facts. You can call for a free consultation and I can better direct you.

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