Pennsylvania Business Law Questions & Answers

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

1 Answer | Asked in Business Law and Landlord - Tenant for Pennsylvania on
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 provide written notice regarding why they are not returning it. Again, it is really not possible to provide real legal advice without knowing all the circumstances and actually reading the lease and...
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Q: Can my husband start his own company selling something he originally created for his current employer to use?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Apr 19, 2017

I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being able to ask the employer to allow him to sell to others.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.
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Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Apr 19, 2017

You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
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Q: If a sole proprietor gets sued can joint assets between spouses be levied in PA?

1 Answer | Asked in Civil Litigation, Business Law and Family Law for Pennsylvania on
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.
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Q: I have a bankruptcy question.

1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Answered on Mar 31, 2017

No you cannot file a new bankruptcy. If the claim pre-dates your bankruptcy, you may be able to reopen the bankruptcy. You may be able to file a state receivership, a state form of bankruptcy but need to speak to local counsel. Those are usually handled by bankruptcy attorneys.
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Q: Is it legal to sell CBD oil online or in the state of PA?

1 Answer | Asked in Business Law, Products Liability, Agricultural Law and Criminal Law for Pennsylvania on
Answered on Mar 29, 2017

Not unless you are licensed to sell it as a medicinal product which is unusual as they haven't set up licensing yet. Even then, it's possible that US could prosecute you. You could expect visits from the FBI. You really need to get with an attorney before doing anything like this. Use that attorney at each step of the way. Guess wrong and you could be on a traficking charge. State AND federal even!
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Q: I am a small business owner and I have franchises business.I don't have any employee, do I need WC insurance?

1 Answer | Asked in Business Law and Workers' Compensation for Pennsylvania on
Answered on Feb 28, 2017

It is possible that this charge is to provide the franchiser with coverage in case you are injured and attempt to pursue a workers' compensation claim against them. You would really have to review your franchise agreement and potentially talk to the franchiser's office to determine why you are being charged that fee.
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Q: Is a PA State Farm Agency marital property?

1 Answer | Asked in Divorce and Business Law for Pennsylvania on
Answered on Feb 21, 2017

How is the agency set up? Is it an LLC? A sole proprietorship? Have you requested and received the documents that demonstrate what his relationship is with State Farm and how his agency "operates?" You need to contact a divorce attorney who can discuss this issue with you further; this is a potentially very complicated issue, and you shouldn't waive any rights until you have receive adequate disclosure and explanation.
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Q: My husband has a sole proprietor business. He customizes shirts for a non profit ball league. Am I able to sit on board?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Feb 8, 2017

Yes as long as you have disclosed that.
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Q: Do we by law have to reimburse thitd party company who erroneously paid our taxes?

1 Answer | Asked in Business Law, Small Claims and Tax Law for Pennsylvania on
Answered on Feb 8, 2017

Depends who they are. There are two theories--one is called "unjust enrichment" and the other is called "volunteer"

See if a friendly local attorney will look at the documents and figure out your legal responsibilities. Morally, most would say clearly they didn't intend to gift you the money, you yourself were surprised and delighted but didn't expect it, so you were unjustly enriched. But maybe I'm missing something so chat with someone locally who can look at the document.
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Q: Commercial tenant breach of lease-

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Answered on Dec 2, 2016

Unless the lease indicates that the landlord's application to change the use of the premises causes a default or termination of the lease (which is unlikely), it is doubtful that a court would hold that the tenant is not responsible for the remainder of the lease merely because of the landlord's application to the Township for a different use of the property. Landlord could have been looking at its options several months before the end of the lease with the tenant.

As with every...
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Q: Is a deceased tenant's estate responsible for 90 days rent because for failure to give a 90 days notice due to death?

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Probate for Pennsylvania on
Answered on Nov 13, 2016

If the estate is insolvent, your question is likely academic because there are no assets to fight over. You, as Executor, have no personal liability for estate debts in the absence of mismanagement.

With respect to the underlying question itself, the landlord may be correct that your sister's death does not automatically end the lease contract. However, if the ultimate answer is important to you, you should review the lease with a lawyer.
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Q: I'm wondering if it is legal to be told I can't be hired due to a re-hire policy one company that has now split into two

1 Answer | Asked in Employment Law, Business Formation and Business Law for Pennsylvania on
Answered on Sep 21, 2016

The policy as a whole sounds very strange. However generally an employer can only be held responsible if they don't hire you because of race,gender, religion, ethnicity etc. Consult a member of the Pa.

Assn for Justice who handles employment issues--they give free consultations.
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Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Answered on Sep 19, 2016

The non-profit statute requires that there be a board of directors. If they are the first incorporators all must sign the Articles of Incorporation.. They must be named at the end. The first bylaws should also be signed by the incorporators as they are acting as board members.

Best thing is to contact the Secretary of State's office which probably has a guide.

http://www.dos.pa.gov/BusinessCharities/Charities/RegistrationForms/Pages/default.aspx#.VIB25iROmUk k

Here's...
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Q: Can a gym membership be cancelled?

1 Answer | Asked in Contracts, Business Law and Consumer Law for Pennsylvania on
Answered on Sep 18, 2016

Should be. File a complaint with the attorney general's office of consumer protection.
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Q: How do I legally get out of a equipment lease ? They want me to pay full lease agreement.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Answered on Aug 23, 2016

Offer to buy it? You really want to speak with an attorney who handles these issues. Try www.naca.net or a commercial transactions atttorney who handles small business issues.
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Q: Can a company obligate its employees to work past paid hours, cite it as voluteer work, and terminate them if they don't

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Answered on Aug 16, 2016

If they are paid overtime it's not a wage hour violation. If only paid for 37.5 it is a wage hour violation and you should consult an attorney who handles those cases.
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Q: I am a limited liability partner in an LLC. The general partner and both limited liability partners secured a loan for

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Aug 7, 2016

I assume it's not a minimal loan, so it's time to invest by getting a consultation with an attorney who handles partnership issues.

If you are in the Philadelphia area I can give you the name of some.
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Q: If my company is an LLC, do I have to get a certificate of good standing?

1 Answer | Asked in Business Law for Pennsylvania on
Answered on Apr 1, 2016

Depends on who wants such a certificate. Why don't you ask them?

Q: Do I have the legal right to obtain my name back? .

1 Answer | Asked in Business Law and Family Law for Pennsylvania on
Answered on Feb 6, 2016

Talk to a local business or intellectual property lawyer asap.

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