Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Child Custody in Pennsylvania: “Best Interests” Enumerated Under New Law
Posted in Pennsylvania Law Monitor
On January 24th of this year, child custody law in Pennsylvania changed. Previously, child custody disputes where decided by a judge based upon the “best interests of the child” standard. This broad standard gave litigants, counsel and judges broad discretion in deciding what facts and factors constituted “best interests.” The new law helps focus the best interest inquiry and will aid in removing personal biases of judges, create more uniformity in decisions, and allow for better reasoned and more child-centric custody decisions. Continue reading
In Pennsylvania “Reasonable” Attorney’s Fees is a Subjective Standard
Posted in Pennsylvania Law Monitor
In Pennsylvania, common interest community associations are creatures of both real estate law and state statutes. A condominium’s enforcement authority is rooted in restrictions that both run with the land and are recorded as restrictive covenants with the deed clerk of the county where the common interest community is located. The primary statute for condominiums within Pennsylvania is the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq). Continue reading
Return of Security Deposits Under the Pennsylvania Landlord and Tenant Act
Posted in Pennsylvania Law Monitor
In Pennsylvania, “The Landlord and Tenant Act of 1951” (“The Act”) governs all residential leases entered in Pennsylvania. The Act provides certain terms in the relationship between a landlord and tenant that cannot be waived by the tenant, even where the written lease has provisions contrary to the Act. Continue reading
Medical Care in Pennsylvania: Nurse to Patient Ratios
Posted in Pennsylvania Law Monitor
In Pennsylvania, House Bill 147 was introduced in January 2009 and remains “in committee.” A similar version was sponsored in the PA Senate. Among other provisions, they establish RN – to -patient ratios in the Commonwealth. Continue reading
Medical Malpractice and the Mental Health Procedures Act
Posted in Pennsylvania Law Monitor
The Mental Health Procedures Act (MPHA) establishes the procedures for the treatment of mentally ill patients in the Commonwealth of Pennsylvania. Of course, medical malpractice can and does occur to mentally ill patients in Pennsylvania who are subject to the MPHA under a 301 or 302 commitment. The typical Plaintiff in a medical malpractice will have committed suicide while being treated at a facility pursuant to the MHPA Continue reading
Battle Between Heirs to the Simon Mall Fortune Highlights Common Will Disputes
Posted in Pennsylvania Law Monitor
Melvin Simon, together with his brother and business associate Herbert Simon, built a business empire upon the then novel concept of the shopping mall. The company that he and his brother founded – Simon Property Group, Inc. – is now the largest mall owner on the United States with over 300 shopping malls in its property portfolio. Continue reading
Discharging a Mechanics’ Lien Claim by Surety Bond or Payment of Cash into Court
Posted in Pennsylvania Law Monitor
A Mechanics’ Lien Claim can present problems for Owners seeking to sell or refinance a home or other real estate. Likewise, higher-tiered Contractors and Subcontractors can encounter headaches where a Subcontractor files a Lien Claim of questionable legitimacy or for defective work, jeopardizing the Contractor’s reputation or relationship with customers. Continue reading
Clearing Clouds Upon Title to Real Property in Pennsylvania: Quiet Title Actions
Posted in Pennsylvania Law Monitor
In Pennsylvania, where a “cloud” upon a title to real property exists, a party may initiate a civil action in order to adjudicate rights to the property. Such actions fall under two related kinds: 1) Actions to Quiet Title, and 2) Actions in Ejectment. Continue reading
The Doctrine of “Consentable Lines” Resolves Some Property Line Disputes Between Adjoining Land Owners
Posted in Pennsylvania Law Monitor
One of the most common sources of litigation involving real property is that of disputes between adjoining property owners. Of these disputes, many involve a disagreement regarding where the property line between the two parcels of land is actually located, and one party’s objection to his neighbor’s use of the property beyond the legal boundary between the properties. Pennsylvania has a well-developed practical approach to such disputes where a line between the properties has been respected and acquiesced to for a requisite period of years. Continue reading
Demolition, Excavation, and Landscaping under the Pennsylvania Mechanics’ Lien Law
Posted in Pennsylvania Law Monitor
Often times, Demolition contractors and Landscaping contractors will ask whether their services and the materials used in their trades constitute a proper basis for a Mechanics’ Lien Claim in order to preserve a likelihood of payment. Knowing what is, and what is not properly lienable work and materials is something that every contractor should be mindful of when assessing different jobs. Continue reading
