Pennsylvania Business Legal Questions

The short answer to your question is "yes", you should file documents with the corporations bureau changing your company's official name if you intend to use a name that is different than what is currently on record.  Can you casually use the new trade name without filing the appropriate records?  There nothing unlawful about doing that.  However, current law permits you to enter into contracts under your official name.  If you use a name that does not match your official name, there is a small chance that the contract could be deemed voidable or unenforceable.  It will cost you a small fee to file a "changes docketing statement" and amended "certificate of organization".  It's probably best that you do so.... Read More

The langauge you're referring to in the document is fairly common in documents issued from employers to employees.  In Pennsylvania, employees generally have "at will" status; meaning that the employer can terminate their employment for any reason (or no reason).  There are some exceptions to this.  Employers cannot unlawfully discriminate based upon gender, race and the like.  Another exception is if the employer and employee enter into a contract that takes the employee out of "at will" status.  Such agreements might detail the circumstances under which an employer can terminate the employee.  This type of language, when used by employers, is intended to avoid having the document on which it appears, be construed by the employee or the courts as an agreement to change the employee's status from something other than "at-will".  It generally has no bearing on the enforceability of the document for other purposes. ... Read More

You can sue, because anyone can sue for anything, but it would be a waste of time.  One or the other case (probably the one filed later) will either be dismissed or stayed because of the other pending action, and you might even be sanctioned for wasting everybody's time.  You may still be able to withdraw the Pennsylvania action and commence an action in California, but you can't litigate the same case in two forums at once; don't get two bites of the apple.  The decision of whichever court in which you choose to sue will decide the issues, and can't be overturned by a court in a different state.... Read More

There's no reason I can think of why an unsigned contract could not be emailed; I email hundreds of contracts a year.  If you're asking about a contract which was already signed, it should present no problem either.  Although I am not specifically familiar with Pennsylvania law, most U.S. jurisdictions have statutes providing that, unless the contract expressly requires an original non-electronic signature, an emailed or digital signature is as valid as a signature in ink.... Read More

You can attempt to reach an agreement with the firm, and you may be able to waive the conflict (some conflicts are waivable;some are not), but the bottom line is that, unless a Court had appointed this lawyer/firm to represent you, you can't force a lawyer or law firm to represent you if he/she/it doesn't want to.  If the firm has not yet started to represent you, you can't force it to do so if it doesn't want to, conflict or no conflict  Even if the firm had begun representing you, it is likely that a court would allow it to withdraw from representing you, particularly if the matter was in an early stage, and certainly if there was an actual conflcit.... Read More

If you signed a personal guaranty of a business debt, you are liable.  That assumes the business was incorporated.  If the business was a sole proprietorship, you are liable for any debt as you are the business.  Assuming a corporation, personal liability regarding a corporate debt arises 2 ways: you are jointly liable as is common with credit cards obtained in the corporate name, or you signed a personal guaranty.  Either way, you would be 100% personally liable. When clients are unsure whether they are personally liable, I suggest they ask the creditor for proof of their liability.  Once that is provided, you should explore your options.  There are 3 of them: negotiation, ignore it, bankruptcy.  I would be happy to explain all the options in greater detail on a free initial basis.... Read More

Your question can not be answered without seeing the agreement you signed. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views  or opinions of LexisNexis or its affiliated companies.... Read More

The answer is "it depends." As a general rule, individuals are not liable for the debts of another unless they agree to pay them in writing. However, there is a common-law doctrine called "liability for necessaries" under which the spouse of a needy party is liable for food, clothing, shelter and medical costs for that person, assuming the spouse can afford them. These claims are rare but technically possible.... Read More

Here is the applicable law: an employer is liable for the tortious acts of its employee when the employee is acting within the course and furtherance of his employment (this is the doctrine of "respondeat superior," or, "let the master answer" for the sins of the servant). It is extremely unlikely that it was part of the employee's job duties to rob you, and the employer will have little difficulty proving this. Indeed, I imagine that you would likely concede it. Rather than doing his employer's bidding by robbing you, the employee was on a so-called "frolic and detour," although you may misread this to belittle the extent of the harm that has befallen you. In general, an employer is not liable for an employee's tortious acts committed during a frolic and detour.  ... Read More

Pennsylvania's Seller Disclosure laws require that the seller of real estate all defects or problems with the property that are known or should have been known by the seller.  Proving that a seller knew or should have known of a problem with the real estate is often difficult to do. It is even more challenging when the seller of real estate is an estate and the representative of the estate is not an owner of the property, has not resided in the property and has no knowledge of its condition. In that case, the estate/personal representative cannot be held liable for failing to disclosing some condition of the property that they obviously had no knowledge or reason to know about.  Also there is generally a section at the bottom or end of a disclosure statement that is specifically for sales by an estate and is a disclosure to you as a buyer that the estate representative has no knowledge of the condition of the property and makes to representations or warranties as to its condition.  In short, in absence of a clear showing that the representative of the estate knew or should have known of the sewer problem with this property, you will be unable to hold the representative of the estate and the estate liable for the costs of these repairs.  If you have further questions or would like to discuss the facts of your circumstance in detail, please feel free to contract me and I would be happy to discuss it with you. Thank you Sincerely, Angela Stevens Pyrah Stevens Law Firm 570-718-4900      ... Read More

Eligibility for disability retirement is intensely fact-dependent. Your eligibility will depend entirely on a comprehensive review of the precise nature of your disability and why it prohibits you from being gainfully employed (which you do not provide), as well as the terms of the plan itself. If you are denied, there will be an appeal procedure. If you need reassurance before you apply, you should consult an attorney on a fee-paying basis to review your file and the plan.... Read More

There are not very many cost-effective solutions to a dispute of this magnitude. Learn from your mistake. Put everything in writing next time regarding your expectations, and do this before the first lesson. Get the student's written acknowledgement by email in advance. This time, the cheapest way out is probably to give her the money back.... Read More

Generally speaking, a bid is merely a proposal to do the work. It does not become a contract unless and until the owner (or contractor) accepts it and directs work to be commenced. Normally construction bids are followed by definitive written agreements, although that result will vary. It is impossible to determine from your inquiry whether your bid was accepted and resulted in a contractual obligation on the part of another party.... Read More

In general, unless you have agreed in writing to be liable for the debts of another, you are not and cannot be held liable for those debts. While there are some limited exceptions to this rule, your inquiry does not provide any facts that would provide a basis for circumventing this basic rule.... Read More