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Jan Matthew Tamanini

Jan Tamanini’s Answers

341 total


  • State Workers Insurance - Bill

    I received a letter from PA Attorney General for an unpaid balance of $7,848. This bill was for an audit of my SWIF policy for my old construction business that no longer exists. It's been closed for few years now. I have 30 days to pay the amount...

    Jan’s Answer

    From your question's information, it appears you might be eligible for either free or low-cost representation from the Bucks County Bar Association. As you're in Doylestown, the Bucks County Legal Aid Society at 215-781-1111 would be the place to start to see if you qualify for free representation. If your income would put you above the threshold for free representation, there is a Lawyer Referral Service Marginal Referral Program that provides reduced-fee representation. You can find out about both of those resources through the Legal Aid Society.

    More information on these programs is available at http://www.bucksbar.org/Lawyer_Referral_Service.html.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • Do I have the right to rescind a contract with a mobilhome broker? if done within 24 to 36hr after signing?

    After having more time to read it, the contract doesn't appear to be what I was verbally told by the broker it is. Also, after the fact found I was somewhat mislead. Also, he knew the rules of the trailer park and apparently broke them anyway as ...

    Jan’s Answer

    Pennsylvania's Unfair Trade Practices and Consumer Protection Law has a three-day right of rescission provision ONLY for contracts where the seller makes contact with the buyer at the buyer's residence in person or by phone. This doesn't seem to be the case in your situation.

    Look at the language in the contract. Is there any cancellation provision? If so, that would govern. If not, you may be able to claim fraud in the inducement if the broker was dishonest with you about the terms.

    This is a situation where you should talk to an attorney in your area. The Lehigh County Bar Association has a lawyer referral service that will provide you the name of an attorney in your area who will provide a low-cost ($25 for a half-hour) consultation. You can get more information on the website at http://www.lehighbar.org/LRS.html or by phone at 610-433-7094.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • How do I remove myself as power of attorney without resistance?

    Everything is taken care of for the person to whom I've been assigned as POA (not my choice, but I kept my word that I would compete what was started). I live 3000 miles away. The successor POA lives in the adjoining state and I want her to take...

    Jan’s Answer

    The answer here would depend on how the original power of attorney was worded. If there is any language in it that specifies that if you are unwilling to act as the attorney-in-fact under the power, the secondary person then takes over, all that would be required would be for you to execute an affidavit that you are no longer willing to act in that capacity.

    If the original power doesn't allow you to resign, then you would likely have to get a court order to allow the secondary attorney-in-fact under the power to take over. I'd suggest you contact your county bar association and ask for a consultation under the local lawyer referral service; these are generally either free or no more than $50 for a half-hour consultation.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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

    I wanted to know if I should simply take my state testing and use my LLC name or do I have to reopen a new LLC name since It has been dormate for so long? Where do I start to use my old LLC company if this is what you advise?

    Jan’s Answer

    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 purpose connected with your new activity.

    You would still have to fulfill PA DOS testing and any continuing education requirements to maintain your brokers license. Check with your licensing board for those requirements.

    If you don't file anything with the PA DOS corporation bureau with respect to your LLC in the next nine years, you would have to file what's known as a Decennial Report the next time those reports come due (which would be in 2021).

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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

    i worked on a dairy farm and got paid under the table since i started there. employment ended approx. 20min ago. i read online that he has to pay all sorts of taxes, etc. for employees. and the guy never asked for my social security number. and fr...

    Jan’s Answer

    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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  • Regarding realestate contract

    I am under contract to buy a home in the state of Pennsylvania, at the time when the seller and I signed the contract the condition of the home was checked in every aspect where the seller have to note every damages. The seller checked that they w...

    Jan’s Answer

    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 you are purchasing). Check online for your county's lawyer referral service, or go to the Pennsylvania Bar Association website at http://www.pabar.org/public/membership/lrsblurb.asp to find the closest agency to you.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • Are the Articles of Incorporation we wrote actually our Articles of Incorporation or are they the forms filled out for the state

    I am with a youth football league who is working at getting incorporated in Pennsylvania. We wrote up Articles of Incorporation that state our nonprofit exempt purpose, that we are a membership organization, no lobbying and polical campaign activ...

    Jan’s Answer

    It's especially important for nonprofit organizations to have bylaws to set out the requirements for operating the corporation, including voting rights, board of directors requirements for election and terms, whether you will have an officers and directors liability policy, and the requirements for membership, among many other considerations. So in addition to the articles you have written, make sure you consult an attorney with nonprofit experience to ensure that all of your needs are covered.

    Particularly with a sports organization with the potential for serious injury or even death, liability, indemnification, and insurance considerations are key. You should also have forms for players, through their parents or guardian, to sign showing that everyone who comes to practice from day one recognizes the potential for injury and waives the right to sue the organization, its individual board members and coaches.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "thumbs up" box below.

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

    Real Estate agent had me sign a Buyer Agency Agreement. My husband did not sign this contract. When I tried to end this contract for various reasons the agency said I had to stay with them for the 6 months and they would not end the contract. I...

    Jan’s Answer

    • Selected as best answer

    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 limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "thumbs up" box below.

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  • What type document should I prepare to be sure my brother is repaid for repairs once my mother sells her house or passes away?

    My youngest brother and I have POA for our mother. This same brother has paid for extensive repairs to our mother's house because she won't sell it. Her Will states that when she dies it will be sold and the proceeds split between us 4 siblings. M...

    Jan’s Answer

    If your mother is still competent, she could have an attorney draw up a codicil (amendment) to her will, stating that before the estate is divided among you and your siblings, your youngest brother is to be paid $___ out of the proceeds to compensate him for the repairs. You could even have a copy of the itemization and costs of the repairs made a part of the codicil.

    If her will is relatively simple, perhaps rather than execute a codicil, she might want to draw up a brand new will with this provision. The cost of a codicil versus a new will may be comparable depending on how complex the original will was in its terms.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "thumbs up" box below.

    See question