Pennsylvania Breach Of Contract Legal Questions

You should contact the district attorney for the case directly or the DA's office and ask to speak with the DA in charge of the case to see what assistance they need from you.  At the very least, you should send them proof of your financial losses so that in the event of a conviction, restitution to you of those losses can be made a part of the sentence.... Read More

The process of enforcing your lease against a defaulting tenant can be complex.  I'm not sure I understand exactly where things stand.  Is the tenant still in the space or has tenant abandoned the property?  Typiclaly you'd file for ejectment and then confess judgment for money and then move on to the execution process to sell the tenant's property and pursue collection against the tenant.  That all involves legal filings that must be done exactly correctly or they won't be enforceable.  Your best bet is to retain counsel.  If you are in Western PA, we would be happy to assist. ... Read More

This is a tough situation.  In the balance is your relationship with your sister vs. getting paid.  Push to get paid and you jeopardize your relationship with your sister.  That's not "fair" but its reality.  There's no right or wrong answer here.  My personal view -- its your sister.  Extend grace and wait for payment.  Don't hound her.  Hopefully she'll pay you (she's made some efforts certainly).  But if she doesn't, do you want to cut off the relationship for $940?  probably not. ... Read More

If you do not want to move forward with the contractor (and I don't blame you), then first thing you should do is review the contract (if you received one) to see what it says, if anything, about canceling the contract b/c you want to know the consequences of cancellation.  if you decide to cancel, write the contractor a letter advising of your decision to cancel, why you want to cancel and demand a refund of your money by a date certain.  If you don't get your money back, you can then file suit with the local magistrate for the return of your deposit.  I don't think you have a viable claim for any amount beyond that.... Read More

If the amount you are owed is $13,000 or less you can file with the local magistrate provided that the person to whom the money is owed isn't a corporation or LLC.  If its the latter, then you must retain counsel for matters in excess of $3,500.  If the amount is above $13,000 you'd have to file in the court of common pleas.  Most counties have another max damage limit around $25,000 - $50,000 under which the matter goes to arbitration, which is less formal and faster than normal civil court. ... Read More

Very hard to say what remedies you have.  I presume you'd prefer to stay pursuant to the lease agreement that signed?  If so, maybe the course of dealing could keep you in there.  If you don't leave voluntarily, they'll have to file an eviction proceeding and you can contest it by argument that the lease is valid.  You may be able to put the wife in the position of weighing the costs of giving you the boot vs. honoring the deal (or tweaking it) and hopefully she'll elect an option that allows you to stay.  I'd need to see lease and know more about the factual context in order to advise more.... Read More

If I were you, I'd call the tree service and cancel the order and request the return of my deposit money.  If they refuse, you can file a complaint against them with the PA Attorney General OR you can file a claim against them for breach of contract with your local magistrate. Why do business with someone who already has shown that they will not honor committments?... Read More

No, you have a claim to get paid the balance of the contract, but unless your contract provided that you would get the car back in the event of non-payment, you only have the right to get your money.  Also, small claims courts generally don't have jurisdiction to award non-monetary relief, such as repossession.... Read More

You should follow the terms of your installment agreement as they pertain to giving notice of default.  The agreement might specify that it be in writing and the manner that the notice is delivered.  You should follow those terms carefully.  If the agreement doesn't speak to how notice is to be given, then I would suggest that you do so in writing.  The notice should state that they are in default. Provide details of the default:  when payments were missed, how much is now due with any penalty or interest, fees, etc.  What amount they must pay and by what date to cure the default and what you intend to do if they fail to cure the default.  You should send that to them via a method that you have proof that you mailed it.  check with the post office.  Please note that installment agreements are governed by PA law.  They must have certain terms in order to be enforceable.  You might want to have your agreement reviewed by an attorney to tell you if it complies with state law.  If it does not, the attorney can help you anticipate potential problems if you need to try and enforce the agreement.... Read More

I represent several early intervention providers and case coordinators in the Pittsburgh area for MH/MR matters and I know exactly the problem you're experiencing.  Some of it is driven by budget issues from the city's perspective probably.  My suggestions to you are:  1) review all of your internal billing processes and procedures.  Sometimes slow payment is due to coding issues, descriptions and not following exact procedure; 2) are you submitting your bills at an optimum time for payment?  If the city pays its bills every month on xx date, make sure your bills are submitted enough in advance of that date for them to vetted and paid; 3) ask for a meeting with the city and review 1 and 2 -- make sure you're on the same sheet of music with them so that you're doing everything you can to give yourself the best chance of timely payment; 4) keep the dialogue going with the city.  it's difficult to keep a positive tone and attitude but that's key.  Help them understand your plight but reaffirm your committment to your mission and the goals of the overall program.  Hopefully you'll be received well and they'll "want" to get you paid as quickly as possible. ... Read More

You certainly have the right to expect that your contractor will adhere to the terms of your agreement.  Whether you have a case depends on the facts and the contents of your contract.  Other factors will need to be considered to develop a list of your options that will get your issue solved quickly and with the least amount of cost.  Suing the contractor isn't always the best solution but sometimes it's what's necessary.  You should contact an attorney in your area to review the details and get some specific advice.... Read More

Sounds like you need to start pushing this fellow.  Ask for a sit down and for a specific schedule that gets you to completion.  Bring your insurance company into the conversation -- they may be able to offer some suggestions.  Review the contract for the work.  does it comply with the home improvement consumer protection act?  if not, that might give you some leverage with the contractor.  if those things fail, you could file a complaint with the attorney general, better business bureau or fire the contractor and bring in another to get the job done. ... Read More

I would suggest that you first look at the terms of service for Craigslist to see what it says, if anything, about whether offers and acceptances are binding agreements for users of that service.  If it says nothing, then perhaps you have a claim but I'd ask this:  if noone responded to your offer, wouldn't you be in the same situation, i.e. having to remove the pool yourself?  Unless the person who removed 1/2 of the pool damaged your property in some way, I don't think you'll be successful with your claim.  However, you can certainly file with the DJ and see what happens.  Maybe by filing, this person will complete the job. ... Read More

Did your contract provide that it could be cancelled?  In general, unless the contract calls for it, there is no right to cancel a contract once you enter into it.  Such a cancellation is a breach of contract, and the breaching party would be liable for damages caused by the breach.... Read More

There are too many unanswered questions left by your email to be able to determine whether you would have a claim to rescind the contract due to fraud.  A few examples: What did the seller represent to you about the ownership and profit split of the business?  Assuming that there were any representations, were they in the sales contract itself? If not, what does the contract say about extra-contractual representations (most likely it says that the parties entitre deal is set forth in the agreement, and the parties represent that none of them relied on anything communicated outside of the contract in doing the deal)? Could you have discovered the other owner and his right to profit if you had exercised reasonable care?   These are just a few of the many questions any lawyer would ask you before advising you whether you have a claim and how likely is it that  you will succeed.... Read More

There are several possible grounds to get your deposit back.   First, you may be able to rescind the contract on the grounds of fraud, mutual mistake, or the breeder's material breach, based on the delayed due date.  You can argue (more forcefully if the contract references the date than if it doesn't) that either she defrauded you about the due date, that you were both mistaken about the due date, and/or that the breeder breached a material term of the contract by not providing the puppy by the required date, and that the contract should be rescinded on one or more of those bases.  Second, the non-refundable deposit clause may be considered unenforceable as a penalty.  Assuming the applicable law (probably PA, but possibly NC) is the same as New York's in this area, liquidated damages clauses (clauses providing for the amount of money one party will get if the other breaches) are enforceable only if (a) the actual damages from such a breach would be difficult to calculate; and (b) the amount of liquidated damages represents a good faith attempt to approximate what the actual damages would be.  If it doesn't meet those two criteria - for example, if there is a clause in a contract that provides that I will deliver 50 pairs of socks to you by next week and if I don't I have to pay you $10,000 - the provision will be deemed a penalty, and unenforceable.... Read More