Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Q: Can a nj lawyer write a legal position letter to a New York resident on behalf of a pa resident
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 4, 2017

Yes as long as it is about NJ law the clients residence state is irrelevant.

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I own a small business and I am registered in NJ. We contract to locations in PA. Do I need to register biz there too?

We teach sport classes at daycares, so we don't have any actual facility. We bring equipment to schools and are considered "contractors". The business address is in NJ, so I am hoping that as a contractor, we don't have to register in PA as well even though we do classes over there.

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.

1 Answer | Asked in Consumer Law, Business Law, Insurance Bad Faith and Employment Law for Pennsylvania on
Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a

Phila.-based electrician's union,

IBEW-98. I alleged that the union

failed to admit me into an apprentice program due to my age of 60, despite very high

written test scores.I reached an out-of-court settlement with the

union for the nominal sum of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

No. They should help you by retracting the document. But it's not misrepresntation.

1 Answer | Asked in Business Law and Tax Law for Pennsylvania on
Q: I am closing my single-member LLC. What do I need to do from a tax standpoint if inventory assets are distributed to me?

There are no outstanding debts or receivables. A portion of the inventory was purchased PA tax-exempt under the Property to be Resold under PA Sales Tax License exemption.

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

You need to hire a CPA if you haven't already. You may need to continue liability insurance depending on the nature of your llc.

1 Answer | Asked in Business Formation, Business Law and Divorce for Pennsylvania on
Q: I'm starting a business however I'm also planning to ask my husband for a divorce. Is it better to wait to file divorce

My husband is opening a restaurant that I didn't agree to also and I'm concerned about his business failing and mine suffering as a result

Kathryn Hilbush
Kathryn Hilbush answered on Aug 29, 2017

This is a complicated situation best addressed in a face to face meeting with an experienced family law attorney in your area. One way to locate an attorney is to use the Find a Lawyer tab on this site.

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Pennsylvania on
Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?

Independent Contractors own their own businesses and are not an employee of their client's company. They do odd jobs for property management company and owners properties as needed, such as mowing, snow removal, minor repairs, etc. Anything larger is per an estimate quote on scope of work... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2017

You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.

Good luck.

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Q: Can a business in PA force me to work more than 40 hours a week? and can they force me to work in a different position?

can they force me to work in a different position than one i was hired for?

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2017

Barring a union agreement, generally yes, as long as they pay you overtime. Changing work conditions is at the whim of the employer. The law says "don't like it? leave."

As to the different positions, generally same answer unless there is a corporate personnel manual. If...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Consumer Law and Probate for Pennsylvania on
Q: Life insurance beneficiary .

My ex-spouse recently passed away. I am his life insurance beneficiary. The policy was taken out before our marriage. Am I entitled to the benefits? I live in Pennsylvania

Kathleen M Hyneman
Kathleen M Hyneman answered on Jun 7, 2017

If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.

1 Answer | Asked in Business Law and Municipal Law for Pennsylvania on
Q: Hello, do I need a permit to advertise about an event that my non-profit is hosting? We have flyers and other papers

A volunteer group will be walking around door to door to advertise the event. We are not selling anything. We have flyers and other paper materials that we will be handing out to spread the word.

Kathleen M Hyneman
Kathleen M Hyneman answered on May 30, 2017

The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.

1 Answer | Asked in Business Law and Landlord - Tenant for Pennsylvania on
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

from landlord it was back in 2015 july i got sick with cancer

Kathleen M Hyneman
Kathleen M Hyneman 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... Read more »

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: I (plaintiff) filed a complaint for 70.000 USD becouse Defendant ( United Corrstack Paper Mill) refused the payment.

In his reply, the defendant engages in dishonest conduct, obstruct the discovery process and make a series of lies.

I have clear evidence for it.

How can I claim a default judgment? To whom to address such a request?

Glenn B. Manishin
Glenn B. Manishin answered on Apr 20, 2017

You cannot obtain a default judgment after the defendant had answered your complaint. If the facts are clear, you can move for summary judgment as a matter of law based on documents and affidavits.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Can my husband start his own company selling something he originally created for his current employer to use?

He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... Read more »

Nancy L Lanard
Nancy L Lanard 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... Read more »

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
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

" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.

Thank You

Nancy L Lanard
Nancy L Lanard 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!

1 Answer | Asked in Civil Litigation, Business Law and Family Law for Pennsylvania on
Q: If a sole proprietor gets sued can joint assets between spouses be levied in PA?
Kathleen M Hyneman
Kathleen M Hyneman 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.

1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a bankruptcy question.

my husband and I had a personal chapter 7 bankruptcy discharge in 2014. I own a small sole proprietorship and may possibly be sued, can I file another bankruptcy? we have no real assets except a small joint personal bank acct, can that be taken? we are in the state of pa

Jonathan R. Roth
Jonathan R. Roth 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.

1 Answer | Asked in Business Law and Workers' Compensation for Pennsylvania on
Q: I am a small business owner and I have franchises business.I don't have any employee, do I need WC insurance?

My franchiser charge me worker compensation insurance on my annual sale income just after sale commissions . I have no employee at all. My franchiser's head office is in Huston, TX but the actual business location is in Pittsburgh, PA.

Timothy Belt
Timothy Belt 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... Read more »

1 Answer | Asked in Divorce and Business Law for Pennsylvania on
Q: Is a PA State Farm Agency marital property?

My husband became and agent in around 2006 and is still an agent. We are going through a divorce and he says I'm not entitled to anything concerning his agency. Is this true?

Eric Trajtenberg
Eric Trajtenberg 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;... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: My husband has a sole proprietor business. He customizes shirts for a non profit ball league. Am I able to sit on board?

The league is a non profit softball league. If my husband does their shirts am I able to sit on their board in a executive position, secretary?

Peter N. Munsing
Peter N. Munsing answered on Feb 8, 2017

Yes as long as you have disclosed that.

1 Answer | Asked in Business Law, Small Claims and Tax Law for Pennsylvania on
Q: Do we by law have to reimburse thitd party company who erroneously paid our taxes?

We paid our taxes last year and they were refunded back to us and told our mortgage co pd them. We do not have an escrow acct. so i called the mortgage co and they said they would not do that and didnt pay for us. Quite a mystery. A year later we get a package in the mail from a company we never... Read more »

Peter N. Munsing
Peter N. Munsing 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...
Read more »

1 Answer | Asked in Business Law, Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: Commercial tenant breach of lease-

Commercial Tenant moved out before lease ended. Landlord is suing tenant for breach of lease agreement. However.. 1 month after tenant moved out landlord submitted an application to the borough for a new zoning permit to put another type of business in the building along with an application to the... Read more »

Evan Charles Pappas
Evan Charles Pappas 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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.