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Alexander Duie Pyle Latta

Alexander Latta’s Answers

24 total

  • PA S Corp and a DBA and Ad requirements

    per http://www.dos.state.pa.us/corps/cwp/view.asp?A=1093&Q=431168 ------------------------- Advertising Requirements When a fictitious name is used by an individual, an association or other entity which includes an individual party, the user of...

    Alexander’s Answer

    It sounds like the section you are referencing is talking about differing requirements for advertisement of the registration of a fictitious name, depending on whether the owner of the ficititious name is an individual or an entity. If you advertise, you will likely have to advertise the name in two different publications. An business attorney in the county where your corporation is incorporated should be able to direct you to the appropriate legal and general publications for advertisement.

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  • What are the limitations of non compete agreements in Pa.

    Signed non compete agreement with previous employer and prospective new employer is asking about agreement for which I don't have the details.

    Alexander’s Answer

    To answer your first question about the limitations on a noncompete agreement in Pennsylvania, generally speaking, a noncompete agreement must be reasonable in geographic scope and duration. Courts tend to disfavor restrictions on competition, so they are generally only enforced to the extent necessary to protect the legitimate interests of the employer. For more information, see my article, "The Top 10 Mistakes with Non-Compete Agreements":

    http://www.macelree.com/resources/bus_noncompetition.html

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  • Can you be an owner or one company and a treasurer for another

    I have a company and the treasurer walked out and started her own business thus becoming a ceo/president of a company in the same field of business, and stealling clients.

    Alexander’s Answer

    Here are some situations where you might have a legal claim against her:

    -If she was acting as treasurer of your company while competing with her own company at the same time
    .
    -If she misappropriated "trade secrets" from you and is using them in her competing business.

    -If she signed a non-compete agreement, non-solicitation agreement, or similar agreement, which limited her ability to compete to protect your company's legitimate rights.

    -If she is tortiously interfering with your business relationships with your customers.

    That said, if she was an at-will employee, did not have a non-compete, and did not misappropriate your trade secrets, she may be within her rights to terminate her employment with you and start new employment in competition against you.

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  • What legal Documents will I need to start a clothing company?

    I have a clothing company in The Philadelphia area Im trying to start and wanted to know what legal documents will I need.

    Alexander’s Answer

    If you want to incorporate or form an LLC or other business entity, you will need to file documents with the PA Department to form your company. You may also need to register a ficitious name if you want to operate your business under a name other than your own. There may be local business licenses or permits that you are required to obtain as well.

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  • What is a landlord's obligation to provide heat?

    Is a landlord obligated in PA to provide heat? Is isn't stated in the lease either way, and the oil tank is empty and its getting colder.

    Alexander’s Answer

    I'm assuming you're talking about a residential property where you live in Pennsylvania. If so, you could take the position that your landlord is obligated to adequately heat your home because of the doctrine of "implied habitability". Generally speaking, what this means is that whether your lease says it or not, you Landlord has a duty to make the property "habitable". This does not mean that you aren't responsible for the cost of heat to your home, but it would mean that your Landlord is responsible to make it possible that you could have heat.

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  • Can a Guarantor be released from obligation of lease payment?

    I have recently signed a 12 month lease for my apartment. Not having sufficient income I had a Guarantor also sign the lease. This Guarantor is now indicating that he can no longer assist with rent payment. Can this be carried out?

    Alexander’s Answer

    If everyone agrees in writing it can, but you likely would need your Landlord's consent, since the Guarantor signed for the Landlord's benefit.

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  • How do I sell a home that I own with another individual. we are not married and they refuse to comply with any sort of settlemen

    How do I sell a home that I own with another individual. we are not married and they refuse to comply with any sort of settlemen

    Alexander’s Answer

    One option may be to get an attorney to help you pursue a partition action. If you can't reach voluntary agreement with the individual, you may need to ask a court to order the property split or sold. Whether you have this right may depend on whether you have any written agreements with the co-owner, how the property is titled, etc.

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  • I've paid a contractor for all the repairs on my house. He has not completed them & won't return my calls.

    See above

    Alexander’s Answer

    There's a new law in Pennsylvania that may provide you with legal remedies. It's called the Pennsylvania Home Improvement Consumer Protection Act ("HICPA"). If your contractor violated it, you can complain to the attorney general (see http://www.attorneygeneral.gov/hiccon.aspx?id=4502) and also sue in court.

    HICPA requires home improvement contractors to register with the attorney general, imposes requirements and restrictions on the contents of home improvement contracts, prohibits contractors from taking excessive deposits and/or not completing work, and creates penalties for "home improvement fraud". In some cases you can get your contract rescinded and become entitled to various other damages. For more information, visit the attorney general's website or see my article:

    http://www.macelree.com/resources/lit_home_0609.html

    http://www.macelree.com/resources/bus_home_0409.html

    I also recommend you consult an attorney.

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  • My husband owned a house when we got married. Now we would like to put my name on the house as well. How do we do this?

    We would like the house in both our names.

    Alexander’s Answer

    If the property is in Pennsylvania, you could accomplish this with a deed transferring the property from the name of your husband into both of your names. This deed would need to be recorded with the Recorder of Deeds in the county where the property is located. You may want to have an attorney assist you with this to make sure it's done properly.

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  • How difficult is it to get your unreturned security deposit (or double) back from landlord.

    It's been just over six weeks since I moved out, and returned my key. I was homeless for a couple weeks, so it has been thirty three days since I gave him my new address. I've aksed for the SD back, twice now. I believe that if I wanted, the la...

    Alexander’s Answer

    The Pennsylvania law that in some circumstances entitles tenants to two times their security deposit is called the "Landlord Tenant Act". You might want to look at Section 512.

    If you decide you want to take legal action to recover your security deposit, this will likely require you to file a complaint against your landlord in district court, which is sometimes called "small claims court". It may or may not be worth your time, depending on how much is at stake, whether they defend against your claim, and whether there's an appeal from district court.

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