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Pennsylvania Contracts Questions & Answers
2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: If a business name and entity was stolen or transferred without permission, do I sue or contact local authorities?

Originally started business with sibling who then decided to become sole proprietor without my knowledge. She then made a request for a business name change that she took my name off, stole the business and the name from me along with the logo and documents such as contract agreements that she... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 19, 2019

You need to at least contact an attorney who handles partnerships as there are issues about breach of trust and other matters that impact this, and to write a letter called a "cease and desist" letter on your behalf. Ultimately you would be looking for some type of Declaratory Judgment... View More

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1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Q: Contracted with a basement refinishing contractor with no work 2 years and 30 K later

Basement contract, upfront 30K no work 5 months. Due to family issues had to delay further since initial promise by contractor work would be completed in three months. When I was able to restart work told VP would contact me. Now it has lapsed over 2 years without contact by company or VP on work... View More

Elizabeth Tarasi
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answered on Apr 10, 2019

You should be able to bring a breach of contract action against the contractor. I would need to see the contract you signed.

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Pennsylvania on
Q: Can she do that? What can I do ? Do I have to pay the bill? I don’t believe I should since I didn’t sign a contract.

I worked at a daycare from December 11 to March 22. I was expected to get paid today and didn’t due to some daycare expense issues. I “owed” $690 in daycare expenses and had a plan set up with my boss to take out $50 biweekly. since I had to relocate, due to not having a place to stay nearby... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

Let me break it down for you: If you received $690 more in daycare services than the amount of your paycheck--and then quit working at the daycare--it does not appear unlawful for your employer to withhold and apply your last paycheck to cover a portion of what you owe them. Nor do they have to... View More

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: The seller of the property I'm buying passed away suddenly. Does the estate still have to go thru with the sale?

The seller did not have a will but was married. The wife was not on the purchase contract or property deed. Property is in Pennsylvania.

Elizabeth Tarasi
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answered on Mar 27, 2019

I would need to read the agreement of sale to give you an answer. I suggest you make an appointment with an attorney to discuss this.

1 Answer | Asked in Admiralty / Maritime, Contracts and Civil Rights for Pennsylvania on
Q: How to challenge personal or subject matter jurisdiction in court?
Tim Akpinar
Tim Akpinar
answered on Mar 23, 2019

There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.

Tim Akpinar

1 Answer | Asked in Contracts for Pennsylvania on
Q: Where do I find the PA law that defines the requirements for what is needed to declare a room as a bedroom

A home that we are considering buying has a 3rd floor room that the seller is identifying as a bedroom. We do not believe that it is but we cannot find the minimum requirements that would deem it to be, or not, a bedroom. Thank you

Nancy L Lanard
Nancy L Lanard
answered on Mar 3, 2019

Here is the site that defines it under the PA code: https://www.pacode.com/secure/data/055/chapter6400/s6400.81.html. Hope it helps.

1 Answer | Asked in Contracts, Products Liability, Business Law and Military Law for Pennsylvania on
Q: Can I use my military ID/base access as a job recruiter or does this violate any laws regarding financial gain?

I am an Army officer, federal subcontractor and private business owner. Interested in attending school graduations at a base with the intent of hiring.

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.

1 Answer | Asked in Business Law, Contracts, Mergers & Acquisitions and Real Estate Law for Pennsylvania on
Q: If an LLC (with a land lease stating the lease cannot be sold) is sold, does this also mean the lease is sold? Breach?

How do I get around a breach? I'm trying to acquire the LLC and continue the current lease as is. The LLC owner wants to retire and offered to sell me his business. Would a partnership with the LLC be a better option rather than an acquisition? Another detail about this situation is that I am... View More

Elizabeth Tarasi
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answered on Jan 8, 2019

Who is the current landlord? Please give me a call in my office. Your transaction seems a little more involved than can be done in a message forum. My office number is 412-391-7135

1 Answer | Asked in Contracts for Pennsylvania on
Q: I have an iPhone from my brother. I'm not on the contract. He said I have to pay or he will sue. Do I have to pay?

We had a disagreement with him and we are splitting ways.

I accidentally broke the screen.

I pay him monthly for the bill, that is in his name.

I'm not on the contract.

Cary B. Hall
Cary B. Hall
answered on Dec 31, 2018

He could sue you in your local small claims court for unjust enrichment, yes. Do you have to pay? That's up to you, but he may be able to obtain a judgment against you. Best of luck to you.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Need help to decide notice to Quit deadline

In a nutshell, tenant had written month to month lease signed less than 6 months ago, but lived there for 17 month on verbal lease. Tenant ended their written lease agreement with a 30 day notice on the 1st of month. I acknowledged the lease ending and noted that I expect tenant to move out at the... View More

Elizabeth Tarasi
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answered on Dec 14, 2018

You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Arbitration hearing or Judgement Issue?

In November of 2018 I received a notice from a sheriff’s deputy that a credit card debt that I had not paid was scheduled for arbitration for a date in July 2019. On December 3, 2018 I received a letter from the same law firm indicating that I had not filed a defense or objection in writing and... View More

Cary B. Hall
Cary B. Hall
answered on Dec 7, 2018

The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?

Best of luck to you.

1 Answer | Asked in Contracts, Small Claims and Real Estate Law for Pennsylvania on
Q: Termination of the agreement of the sale

Dear Lawyer,

i have a property in Philadelphia and i was in the Agreement of the Sale with my buyer, he Could not Obtained the Mortgage to the Settlement Day Due to the $1100 Mortgage Lien is exist in my title, the settlement day was 11/30/2018, i was Hopping to terminate the deal and sent... View More

Elizabeth Tarasi
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answered on Dec 5, 2018

I am in Pittsburgh I would contact someone in Philly

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I am looking for an attorney to check an owner financing document for a property I am selling in McKees Rocks, PA

I am selling a property and providing owner financing, I would like a review of the document and if any other documents are necessary? I am looking to hire an attorney to check the document. Thank you

Elizabeth Tarasi
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answered on Nov 30, 2018

Send me the documents emt@tarasilaw.com my office number is 412-391-7135

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1 Answer | Asked in Contracts and Landlord - Tenant for Pennsylvania on
Q: Can someone I stayed with as a guest demand rent at a later date?

I am getting divorced. My boyfriend offered for me to move in with him and even said not to worry about paying house expenses. There was no agreement or discussion about rent. After about two months we broke up and I left. Now he is demanding I pay him rent for the time I was there and wants... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2018

He can ask. That doesn't mean you are obligated. There was no agreement as terms hadn't been discussed and accepted. Just politely say "that was never discussed. I'm sorry you feel that way but I don't see that I owe that." leave it there. I assume you have all your... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on
Q: Insurance company won't cover rental car because I declined this option on original policy. what are my options?

My car, which is financed, was badly damaged due to wet road conditions and is not operable. Because I declined the rental option in my original policy, insurance will not cover a rental car. Still waiting to hear from the insurance claim department. Meantime, I don't have transportation. What... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2018

rental isn't something they have to reopen. You can ask your agent but otherwise you will need to get yourself either a rental or pay a friend to use their car and see if there's a way you can insure it or get a hail damage special.

2 Answers | Asked in Contracts and Criminal Law for Pennsylvania on
Q: Can I be charged with Home Improvement Fraud when work is 50% complete and there is no completion date in the contract?

.

Andrea E. Mertz
Andrea E. Mertz
answered on Oct 17, 2018

You may be charged. However, you have some defenses that you and your attorney should be able to use. Contact an attorney immediately upon being charged to discuss how to proceed.

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1 Answer | Asked in Contracts for Pennsylvania on
Q: Can I transfer vehicle title to PA resident but retain interest in the vehicle with a promissory note when I live in MD?

I want to sell vehicle to our child. Child lives in PA, and we live in MD. If child signs a promissory note for the sale of the vehicle, can I be named on title (even if just as a lienholder) in order to protect my interest in the vehicle? Does PA recognize this as a collateralized loan, and can I... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2018

Technically, yes, but you are heading for a family relations mess if you have to enforce it--imagine playing repo-man (or repo mom).

Look at other options. If you have concerns about your youth's habits sit down and workshop what would be a good way for them to access transportation...
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2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

I am currently a defendant in a civil matter in Pennsylvania. Two years into the case, a lawyer from a different law firm made an appearance as additional counsel "Lawyer A" for the plaintiff. This new law firm then made motions to the court without having the Plaintiff's original... View More

Elizabeth Tarasi
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answered on Oct 8, 2018

That is not usually how it goes. The judge will want all attorneys to enter their appearances.

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1 Answer | Asked in Contracts and Child Support for Pennsylvania on
Q: It's been 2 weeks n still no support deposit and overall balance on there account is 201.58
Cary B. Hall
Cary B. Hall
answered on Oct 3, 2018

And your question is? Are you the payor (meaning you're paying), or the payee (meaning you're receiving)?

If you think there's a hold-up on support processing, contact Domestic Relations to inquire. If you're a payee and support has not been timely paid, you can...
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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Pennsylvania on
Q: My mother passed away as life estate grantor to my brother, his wife, and myself. I want to drop off new deed.

New deed to be brother and his wife joint grantor to their 2 children (my nieces). If I just drop off do I have to worry about gift issues? Should I sell my interest for $1 and if so should contract be with all parties?

Elizabeth Tarasi
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answered on Oct 2, 2018

In the deed you would state $1 as the consideration. Also because it is between family members you are exempt from realty transfer tax in Pennsylvania. No gift issues.

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