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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I have questions about filing a Pennsylvania small claims

Customer Question

I have questions about filing a Pennsylvania small claims case. 1.How do I provide proof of service, more then certified mail, for an out of state defendant, if my contractual matter has a “choice of jurisdiction” clause? 2.How do I request a subpoena
for the production of documents? 3.Can I name more then one defendant? 4.Can I serve more then one address of one defendant for redundancy?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

1. If you're having the person personally served, then the person who does that would submit an affidavit. Most sheriff's offices will serve people with paperwork for a small fee. Or, when process is served by mail, you get an affidavit from the person who put the documents in the mail (who should be over 18 and not a party to the action).

2. The clerk of the court will have these for you.

3. Yes.

4. There's no need if you're serving them personally. If you're doing service by mail, there's no reason you can't mail the documents to more than one address. The affidavit of service would state each address where the mail was sent. At least one needs to be via certified mail, return receipt requested so you can prove that it was received.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Is this clause good enough in Pennsylvania as a choice of jurisdiction clause, to sue in Pennsylvania a Texas defendant"In the event of a legal dispute The Applicant agrees that the jurisdiction of such legal action will be the courts most local to The Company". I am the company, a web designer...
Expert:  Lucy, Esq. replied 1 year ago.

Yes, it should be, assuming that you're living in Pennsylvania. Usually, whatever the parties negotiate and contract for will be upheld.

Customer: replied 1 year ago.
What if we never met and I just emailed the contract. and their was no jurisdiction clause? He then sends it back by email or fax?
Expert:  Lucy, Esq. replied 1 year ago.

He would not be bound by any clause that was not in the contract when he agreed to it.

Customer: replied 1 year ago.
What I was asking is where is jurisdiction to sue in that situation?
Expert:  Lucy, Esq. replied 1 year ago.

Thank you for clarifying. In that scenario, you'd probably have to sue in Texas, because that's where he's located.

Customer: replied 1 year ago.
Alright. My client stopped paying me and started over with another web designer on the same website. Is this clause strong enough to sue on this grounds alone, assuming nothing else in the contract . Both are unspecified.
"The Applicant hereby agrees to use The Company as the sole web design contractor for the duration of this agreement. "
The argument I would like to make is:
While the duration of the agreement is not specified, reasonable inferences suggest this clause, at the very least, definitively was put in place to prevent the defendant from hiring another web designer for this website".
Customer: replied 1 year ago.
That was supposed to say...assumming nothing else in the contract refers to the duration or cancellation.
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry, but because that's considered outside the scope of your original question about jurisdiction and service, if you'd like to discuss the terms of the contract, I have to ask that you leave a positive rating on this question and open a new one. As a subscription customer, it costs you nothing, but it's the only way we get paid as experts.

Customer: replied 1 year ago.
How do I get you directly with another question? Are you PA licensed?
Expert:  Lucy, Esq. replied 1 year ago.
If you put my name on the question, I will see it. However, I am about to sign off for the next few hours, so it may be better to leave the question for all experts if you need an immediate response.
I am not licensed in PA. If you need someone who is, please state so in the question. However, this was a federal constitutional question, so the answer would be the same in all 50 states.

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