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Pennsylvania Business Law Questions & Answers
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... View 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;... View 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... View 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...
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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... View 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... View More

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

I worked for a company and was laid off. I took severance and their re-hire policy says I can never come back to the company. Since then the company has now split into 2 companies. I have friends that work for the new company and all of them had to accept a new offer letter. I recently applied... View More

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: In Pa regarding a non-profit incorporated (church), is it required that the trustees be named in the constitution?
Peter N. Munsing
Peter N. Munsing
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...
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1 Answer | Asked in Contracts, Business Law and Consumer Law for Pennsylvania on
Q: Can a gym membership be cancelled?

Wife went to sign up for a $25 yoga class and high pressure salesman has her sign a contract for $540 per month for 3 months. She calls within the hour to cancel, sends an email and finally a registered letter within 48 hours return receipt requested, stating that she wants to cancel. She never... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Should be. File a complaint with the attorney general's office of consumer protection.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: How do I legally get out of a equipment lease ? They want me to pay full lease agreement.

The full amount is more than double of the equipment. Has only been a month and I just realized this. Why should I pay all the interest of I'm not going to finance it now and just want to pay them off?

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Q: Can a company obligate its employees to work past paid hours, cite it as voluteer work, and terminate them if they don't

The company in question only pays its employees for 37.5 hours of work a week, yet forces them to work 45-50 hours a week, sometimes multiple jobs at once, and terminates them for bad performance if they refuse to "volunteer" these extra hours.

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Business Law for Pennsylvania on
Q: I am a limited liability partner in an LLC. The general partner and both limited liability partners secured a loan for

purchasing a building Under section 8204 would a limited liability partner be responsible for the debts if the partnership sells a property that is underwater. Additionally, could the general partner be liability for malfeasnce, misfeasance or non-feasance for failure to provide any detailed... View More

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Business Law for Pennsylvania on
Q: If my company is an LLC, do I have to get a certificate of good standing?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2016

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

1 Answer | Asked in Business Law and Family Law for Pennsylvania on
Q: Do I have the legal right to obtain my name back? .

I ran a tutoring program for kids for 24 years on a college campus where my husband worked. Two years ago, my husband hired a new director to be in charge of all after school programs with the exception of my program. This woman who was hired for the position demanded full ownership to the program... View More

Adam Studnicki
Adam Studnicki
answered on Feb 6, 2016

Talk to a local business or intellectual property lawyer asap.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Business Law for Pennsylvania on
Q: Is it illegal to transfer your company into another individuals name if you believe you are going to be sued?

Is it illegal to transfer your company into another individuals name if you believe you are going to be sued? Such as a sole proprietor company that is threatened with a lawsuit and two days later transfer the company into another individuals name. Not sure if it is still a sole proprietor since... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

You must go to see a local attorney about whether this is a fraudulent conveyance in your state.

1 Answer | Asked in Business Law for Pennsylvania on
Q: in Pennsylvania may i physically remove a customer screaming and hollering in the store after i ask them to leave
Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

A local lawyer can advise, but in most situations it is better to call the police.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not...
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1 Answer | Asked in Business Law for Pennsylvania on
Q: I'm a legal partner a partnershiphow can i put my name on partnership bank account without other partner be cause he

isn't coming to the bank with me

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

You'll need to ask the bank what they require. It sounds as though your business partnership is having problems. You may consider consulting with a local business lawyer about your options.

1 Answer | Asked in Business Law for Pennsylvania on
Q: I am buying all the shares of a Pennsylvania corporation. Assets include real estate and a going concern.

Is a real estate closing required since the corporation continues to own the structures?

Mark Scoblionko
Mark Scoblionko
answered on Apr 27, 2015

You should be consulting with a lawyer. If you do, you will likely be advised to have what you refer to as a "real estate closing." Clearly, the title needs to be searched and you would be best advised to have a new, or updated, policy of title insurance. Is the property free and clear... View More

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