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Pennsylvania Contracts Questions & Answers
2 Answers | 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

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2 Answers | 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 Construction Law, Contracts, Civil Litigation and Real Estate Law for Pennsylvania on
Q: Issues with contractor on sunroom and deck construction, seeking legal advice in PA.

I hired a contractor to build a sunroom and deck in April 2024 according to a written agreement. However, the project was not completed up to code. There are issues such as improperly installed windows and flooring, a leaking roof, a required new French drain, a cracking ceiling, loose siding, and... View More

James L. Arrasmith
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answered on Apr 13, 2025

You should consult a construction or contract lawyer to address the issues with your contractor. These types of lawyers handle disputes related to construction projects, including non-compliance with contracts, faulty workmanship, and failure to meet building codes. They can guide you through your... View More

1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Q: Sold vehicle but not paid; buyer resold it in Pennsylvania.

I sold a vehicle, and the buyer agreed to pay but has not made the payment. The buyer sold the vehicle to someone else without paying me first. There was an agreement about the payment, but I have not received any money yet. How can I recover my payment, or what legal actions can I take?

James L. Arrasmith
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answered on Apr 12, 2025

Pennsylvania Vehicle Sale Recovery Analysis

Your situation presents a clear breach of contract claim under Pennsylvania law, as the buyer's failure to pay while transferring the vehicle to a third party constitutes both breach of the sales agreement and potentially fraudulent...
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1 Answer | Asked in Contracts, Civil Litigation and Consumer Law for Pennsylvania on
Q: What legal actions can I take to recover money loaned under false pretenses and now claimed as gifts?

I was in a relationship with a woman who borrowed money from me under false pretenses, including fabricating stories about family expenses, a relative's death, and the need for medical insurance reinstatement. I made these payments based on her promises and lies, including a promise to repay... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you've been taken advantage of, and you're right to want to recover the money you loaned under false pretenses. Since you have documentation in the form of text messages where the person promised to repay the loan, you have evidence that could support your claim that it was... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Pennsylvania on
Q: Is it legal for a PA trailer park to charge for neighbors' additional costs without lease agreement?

Is it legal for a trailer park in Pennsylvania to charge me for additional costs due to neighbors having more children or people living there, despite my last signed lease being two years ago and there being no communication or agreement about shared costs?

James L. Arrasmith
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answered on Apr 11, 2025

In Pennsylvania, a manufactured home community owner cannot impose additional charges on you for increased costs due to your neighbors' household sizes unless these charges were clearly outlined in your lease or provided to you in writing at the time you moved in. The Manufactured Home... View More

1 Answer | Asked in Car Accidents, Contracts, Consumer Law and Insurance Defense for Pennsylvania on
Q: Ex-boyfriend totaled my car. Insurance totaled it. Loan balance $22,000. Refuses to help. Next steps?

My ex-boyfriend, who is the cosigner on my car, borrowed it because his was broken down and ended up getting drunk and totaling the vehicle in Pennsylvania. The insurance company has deemed the car a total loss and towed it. I still owe $22,000 on the loan and am waiting to hear back from the bank.... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a really heavy situation, and it’s completely understandable that you feel stuck, especially when you’re left with a major loan and no car. Since the insurance company has deemed the vehicle a total loss, they should be issuing a settlement check—usually made out to both you and the... View More

1 Answer | Asked in Contracts and Gov & Administrative Law for Pennsylvania on
Q: Are schools allowed to enforce indemnification agreements for events?

I am concerned about a hold harmless and indemnification agreement required by a hosting school for a 4th grade invention convention in Pennsylvania. This agreement suggests that if my child is harmed during the event, I would be responsible for medical expenses even if the injury was caused by the... View More

James L. Arrasmith
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answered on Apr 11, 2025

In Pennsylvania, indemnification agreements are generally enforceable. However, when such agreements attempt to shift liability for a party's own negligence, courts require the language to be clear and unequivocal. Broad or vague terms like "any and all liability" are typically... View More

2 Answers | 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??

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2 Answers | 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.

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