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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3914
Experience:  30 years of experience
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There again, can you help me with this question? My son's

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hi there again, can you help me with this question? My son's father left apparel at a pizza shop for sale at the end of last April ( a year ago) and was asked to pick them up sometime towards the end of May('14) and June ('14). He did not respond to the
request and the owners asked my daughter several times to take them. She asked her brother if she should pick them up and he said yes. His father went back to the pizza place in September looking for his apparel. In the mean time my son received the items
from my daughter on July 8th and does not remember what he did with them and now his dad is suing my daughter over these items. How long can something sit somewhere till it is considered abandon in the state of PA? You can add more here... + ADD FILES Rather
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Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.I am sorry for the delayed response to your question. I see it was posted a few days ago, but it has only come to my attention today. Actually the laws pertaining to abandoned property generally do not address what to do with tangible personal property. Rather issues such as what you describe are controlled by the laws of Bailment. A Bailment arises when one person has possession of another's property. When your daughter took possession of the property left at the store she became a bailee. In situations such as this, where the bailment is soley for the benefit of the "bailor" and is without compensation ("a gratuitous bailment") the gratuitous bailee (your daughter) must use only slight care and is liable only for gross negligence. Also when she transferred the property to the son, the son then voluntarily became the gratuitous bailee. Thus the son (not the daughter) is liable if anyone is. Given the fact tha the father exercised no care about the property and is therefore negligent in regard to the property, it is unlikely (based on your description of the facts) that the courts would support his claim.This site may be helpful in understanding the concepts here:http://answers.uslegal.com/abandoned-property/15816/ This case describes the law in Pennsylvania: http://www.paed.uscourts.gov/documents/opinions/12d0725p.pdf I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.