Jan Matthew Tamanini’s Answers

Jan Matthew Tamanini

Harrisburg Business Attorney.

Contributor Level 14
  1. What is the best way to transfer my fathers rental business into me & my brothers names?

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Tyler Benjamin Christ
    2 lawyer answers

    Do you really want to transfer the business now? It may be a better idea for your father to give you a power of attorney over the business; you and your brothers may also want to form a family limited liability company to hold the properties whenever you take ownership. If he is operating the properties separately as a landlord, you would get the property at the current market value, whereas were he to leave them to you through his will, you would then get the property value as of the date of...

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  2. Is an agreement vaild or enforceable if the language in the agreement is Ambigious?

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. Alan James Brinkmeier
    2 lawyer answers

    I respectfully disagree with the opinion expressed by the Illinois attorney who provided the previous answer to this question. There appear to be two components to your question: first, the contractor's failure to do everything you understood was included in the agreement, and second, what you represent to be the unsatisfactory quality of the work performed. In contract law, the terms of the agreement are interpreted to favor the party who did NOT draft the agreement. Since you say the...

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  3. If you purchase a trademark can you sue if someone else is using it?

    Answered over 2 years ago.

    1. Trina Ann Longo
    2. Alexander H Butterman
    3. Jan Matthew Tamanini
    4. John E. Whitaker
    4 lawyer answers

    In addition to the other excellent advice in the previous answer, your rights would be set out in the agreement of sale for the mark. You should get the advice of an intellectual property attorney to ensure that you are purchasing everything that you require to have exclusive rights to the use of the mark. Make sure you are actually purchasing the mark itself, not merely a license to use the mark.

    6 lawyers agreed with this answer

  4. Do I need to copyright or trademark a group name ( Penn Hills Tai Chi Society ) to use it publicly on a website or shirts?

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Erach Farrokh Screwvala
    3. John E. Whitaker
    4. Daniel Nathan Ballard
    4 lawyer answers

    You don't need to copyright or trademark your name to use it, since you have automatic copyright and trademark protection available (you should use appropriate notations - the "c" in a circle or a small "TM" next to the mark or material in public uses). HOWEVER - this strikes me more as a fictitious name question. The name "Penn Hills Tai Chi Society" is a fictitious name and PA law requires you to register fictitious names with the Pennsylvania Department of State Corporation Bureau (see...

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  5. I signed a Buyer Agency agreement. Is this contract binding to my husband who did not sign.

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. James S. Tupitza
    2 lawyer answers

    If your reasons for ending the contract include that the realtors were not fulfilling their end of the bargain, you may be able to get out of the contract early for cause (the agency didn't fulfill its contractual duties to you). If your husband didn't sign the contract, not only would it not bind him, it could also be a reason to terminate your agreement, as the agency did not have the consent of all owners for the agency agreement. Of course, as with all of my online answers, my advice is...

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  6. Regarding realestate contract

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Christopher Barrett Fay
    2 lawyer answers

    Your existing contract determines the rights you would have in these circumstances. If, as you represent, the seller has broken the contract by allowing a tenant to remain in the property and cause damages, you should look to your contract terms to determine how you could enforce your part of the bargain. Your best bet would be to take your contract to an attorney in your area who is familiar with rental property real estate transactions (I'm assuming from your description that this is what...

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  7. My cousin recently died intestate, what if I claim the estate as sole relative and not tell his sisters who never cared for him?

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. John B. Whalen Jr.
    3. James P. Frederick
    3 lawyer answers

    If you apply to be the administrator of the estate, you would be required to notify everyone who would be intestate beneficiaries under the law. If your deceased cousin had no surviving spouse, parent, or child, then his siblings (being the next-closest relatives) would inherit his entire estate in equal shares. You say you grew up "as brothers" -- did your parents adopt your cousin? If so you may have a claim to his estate. But unless there's a legal adoption making you his brother, you...

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  8. I currently still have an active LLC for a mortgage brokers licensel. I have not done any buisness in the past 3 years..

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    2. Brian Coleman Kelly
    2 lawyer answers

    Depending on whether you organized your LLC in Pennsylvania or elsewhere, you may not have to do anything to "reactivate" the company. In Pennsylvania, you don't have to have any specific activity with the Department of State for up to ten years. Since you first formed your company only three years ago, you probably wouldn't have to file anything with DOS to use the LLC name, but you might have to file a fictitious name application if you plan to use a fictitious name for the company for any...

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  9. Is it illegal for a farmer to pay workers under the table?

    Answered over 2 years ago.

    1. Kenneth Allyn Sprang
    2. Jan Matthew Tamanini
    3. Joel Jay Kofsky
    3 lawyer answers

    The employer would also have been required to have you fill out Form I-9 from the Immigration and Naturalization Service. This form, required of all employers, determines whether the employee is in the US lawfully. Employers must keep these forms on file for all employees.

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  10. My husband got suckered into signing a contract for a hot tub

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    1 lawyer answer

    The answer to this will depend on the circumstances under which your husband signed the contract. If the salesman visited you in your home, Pennsylvania's Unfair Trade Practices and Consumer Protection Law gives buyers a three-day right to cancel the contract (three days following the signature). The contract itself should have this cancellation language in it prominently if this was an at-home sale. If your husband was at a hot tub store or other outside location, there is no statutory...

    5 lawyers agreed with this answer