Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Recovering Condominium and Homeowners Association Fees Due Prior to Sheriff’s Sale
Posted in Pennsylvania Law Monitor
Under Pennsylvania statute, when real estate subject to homeowner’s association assessments or condominium association assessments is sold at sheriff’s sale, the homeowner’s association or condominium association is entitled to recover delinquent assessments/charges accruing in the six (6) months prior to the sheriff’s sale. All other assessments/charges accruing prior to the… Continue reading
Surgical Complications vs. Surgical Mistakes
Posted in Pennsylvania Law Monitor
Not every complication which occurs during or as a result of surgery is actionable under the law. Some complications are foreseeable and a risk of certain procedures. In addition, just because a surgery is unsuccessful does not mean that a surgeon was negligent. However, many complications are the result of… Continue reading
Good News for Commercial Lenders: Your Open-End Mortgage Could Have Priority
Posted in Pennsylvania Law Monitor
The Pennsylvania Legislature recently enacted legislation which amends portions of the Mechanics’ Lien Law, 49 P.S. § 1101, et. seq. (“MLL”), and provides a statutory fix to the Kessler decision. The Superior Court of Pennsylvania’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, issued in May 2012, caused a fundamental change… Continue reading
Legal Custody and the Special Needs Child
Posted in Pennsylvania Law Monitor
Legal custody allows you as a parent to make major decisions on behalf of your child. If your child has special needs, legal custody provides you the right to have a voice in your child’s special education program at school. Children identified as having a need for special education and… Continue reading
The Thing that Wouldn’t Leave, or, Dealing with Squatters
Posted in Pennsylvania Law Monitor
If one is above a certain age, one may remember a “Saturday Night Live” sketch called “The Thing That Wouldn’t Leave”, about a comically boring and obtuse houseguest who, ignoring all hints from the homeowners, wouldn’t budge. Continue reading
Retirement Communities and Nursing Homes are Permitted to Sell Alcohol
Posted in Pennsylvania Law Monitor
It wasn’t until 2002 that a “continuing care retirement community” (CCRC) was permitted to obtain a license to serve alcoholic beverages to its residents on the retirement community’s premises. To be considered a CCRC under the Pennsylvania Liquor Code, the facility must house at least one hundred people over the age of sixty-two. Continue reading
PA Superior Court Relaxes Formerly Strict Circumscription of Confession of Judgment Clauses
Posted in Pennsylvania Law Monitor
The Pennsylvania Superior Court recently relaxed the Pennsylvania Courts’ trend of scrupulously constraining the use of warrants of attorney, also known as “confession of judgment” clauses in non-consumer credit transactions. In Graystones Bank v. Grove Estates, LP., 2012 Pa.Super. 274 (2012), affirmed at 2013 Pa. LEXIS 2855 (Pa. 2013) a debtor made a Promissory Note in favor of the creditor, which contained a warrant of attorney. After some time, the debtor began to have trouble making payments under the Note. The creditor then required the debtor to establish an interest reserve and pledge additional real property as collateral, and to enter a “Change in Terms Agreement.” The Change in Terms Agreement did not itself include a warrant of attorney. Continue reading
Workers Compensation for the Loss of a Body Part (“Specific Loss”)
Posted in Pennsylvania Law Monitor
The Pennsylvania Workers’ Compensation Act provides that certain injuries are eligible for specific loss awards. A specific loss in Workers’ Compensation is when you lose use of a specific body part. In that case, the Workers’ Compensation Act has predetermined a set amount of weeks that you are permitted to receive payment, based on the body part you lost. Continue reading
Joint and Several Liability in Pennsylvania
Posted in Pennsylvania Law Monitor
As of June 28, 2011 Pennsylvania significantly changed the law of Joint and Several Liability. Prior to this change if an injured party brought a claim against more than one defendant each defendant would be potentially responsible for the entire amount of any jury verdict even if the comparative responsibility of that defendant was only 1%. Continue reading
Motorcycles and Uninsured/Under-insured Motorist Coverage
Posted in Pennsylvania Law Monitor
The Supreme Court of Pennsylvania recently decided a case involving the issue of whether a motorcyclist, who has a motorcycle insurance policy, can collect underinsured (this would also apply to uninsured) motorist coverage from his automobile insurance policy if he is involved in an accident while riding his motorcycle. The insurance policy provision that was at issue is known as the “household exclusion.” This exclusion, which is routinely part of an automobile insurance policy, prohibits the insured from making a claim under his automobile insurance policy when he is injured while operating a vehicle (in this case, a motorcycle) which is insured under a different policy. Continue reading
