Jan Matthew Tamanini’s Answers

Jan Matthew Tamanini

Harrisburg Business Attorney.

Contributor Level 14
  1. Is it true that the annual report filing fee for an LLC in PA is $460 per member?

    Answered over 3 years ago.

    1. Steven J. Fromm
    2. Jan Matthew Tamanini
    3. Michael J. Brooks
    4. Bryant Keith Martin
    4 lawyer answers

    Mr. Fromm is correct, and the California attorney who first answered this question is dead wrong (and this is another reason to be careful when you see answers from attorneys who are NOT licensed in the state where your question is based). The annual fee is ONLY for professional limited liability companies in Pennsylvania. The following language comes directly from the Pennsylvania Department of State's website: -------- Q: Does Pennsylvania require annual filings for documents? A:...

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  2. Can a customer stop payment on a check for work that they authorized.

    Answered about 4 years ago.

    1. Jan Matthew Tamanini
    2. William C. Mack
    2 lawyer answers

    You may want to write to this customer demanding payment within a reasonable time, letting him/her know that if you don't receive payment you intend to take him or her to small claims court, and if you are forced to do that, you will add the costs of collection (filing and attorney fee) to the amount owed. Your letter should mention that if you get a judgment in small claims court it will become a lien on the property. That may be enough to get this individual to honor the contract (your signed...

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  3. What permits and licenses are required to ship small quantities of wines via UPS or Fedex?

    Answered about 3 years ago.

    1. Jan Matthew Tamanini
    2. Gratia P. Schoemakers
    2 lawyer answers

    Note that the previous attorney who answered this question is licensed in Texas, not Pennsylvania. As you are likely aware, Pennsylvania has very restrictive laws dealing with the sale of alcoholic beverages. Though you say you are not a retailer or distributor, if you are charging a fee and collecting funds for the shipment of these wines, you are a reseller and therefore you require a liquor license. Note that in Pennsylvania, the only license available for distributors applies to those who...

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  4. Non compete.I need a loophole

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. John A. Gallagher
    3. Steven Alan Fink
    3 lawyer answers

    The other attorneys who have answered are correct in telling you that any attorney would have to review your contract to give you any sort of reliable answer. Contact the Pennsylvania Bar Association's lawyer referral service for the name of an attorney in Franklin County who would be able to provide you a low-cost consultation (usually $50 or less) to review the contract language and advise you. The PBA LRS operates Monday through Friday, from 8:00 a.m. to 4:30 p.m., and can be reached by...

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  5. Moving a PA LLC to Connecticut

    Answered over 4 years ago.

    1. Jan Matthew Tamanini
    2. Joe B Stansell
    2 lawyer answers

    The Washington attorney who answered this question has a good point regarding the valuation of the business and finding out the tax consequences of the sale. I read your question, however, as asking about transferring the business location from PA to Connecticut. First, did you file your original organization documents with the PA Department of State or another state? There are different ways of moving the location, but there is no requirement that a business formed in PA have its state of...

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  6. If a grand daughter has copy of will and does not know if it is filed by county, is that valid?

    Answered almost 5 years ago.

    1. Jan Matthew Tamanini
    2. Steven J. Fromm
    3. Ronald E. Stutes
    3 lawyer answers

    When you ask if you "have any recourse" -- are you implying that your daughter's will copy is not authentic? Or are you merely asking whether this is a valid will? When you say "there is not an official will" you may be making an invalid assumption about what is required when making a will. The document your daughter has is very likely a valid will. A will can be any writing signed by a person showing the intent to give property after his or her death to anyone. The only requirement is...

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  7. Is this fraud?

    Answered almost 5 years ago.

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

    You don't say whether you purchased the product that's the subject of your post. If so and you claim that you wanted a lower-priced product that the company advertises but does not actually have available for purchase, this could be a violation of the Under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL). You could file a private complaint under the law in small claims court and ask for treble damages (three times the amount of the difference between the advertised...

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  8. How do I undo a "durable power of attorney"

    Answered over 2 years ago.

    1. Jan Matthew Tamanini
    1 lawyer answer

    There are several different types of powers of attorney which could be in play here: a durable financial power of attorney, a durable health care power of attorney, and a durable mental health care power of attorney. In each of those, if the girl in question granted the power to her parents, and her doctor/psychiatrist would certify that she has sufficient mental capacity to act on her own behalf, she could likely sign her own lease without affecting the power of attorney. A durable power of...

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  9. ., ?If I signed a bill of sale for a new vehicle and then changed my mind, am I obligated to buy the vehicle?

    Answered over 3 years ago.

    1. Jan Matthew Tamanini
    2. Pamela Koslyn
    2 lawyer answers

    As the California attorney mentioned, the only way to give you a definitive legal answer would be to review the documents you signed. Legally, the contract you sign is binding on you, and your not reading the documents you sign does not excuse you from their terms if you understood that you were buying a car. All that being said, since you say no money has yet changed hands and the dealer doesn't have your vehicle as the trade-in, the dealer may release you from the contract (provided you...

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  10. Can my parents will gas royalties?

    Answered over 3 years ago.

    1. Jan Matthew Tamanini
    2. Steven J. Fromm
    2 lawyer answers

    While the gas rights and royalties are two separate types of property, the disposition of the royalties would be determined by the agreement your parents made with the company that bought the gas rights for your parents' land. You should speak with your parents about their contract for the rights to see whether they would be comfortable discussing the specific terms with you. In this answer I'm assuming that the gas rights were sold to a third party and not your brother. If the sale was to...

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