Pennsylvania Law Monitor : Pennsylvania Lawyer & Attorney : Stark & Stark Law Firm : Yardley, Philadelphia, New York, New Jersey

Though most of us don’t want to think about the possibility of being involved in a car accident, the reality is, it happens more than most of us think. There are several key things to remember if you, or someone you care about, is ever involved in a car accident.

The first, and most important, thing to do is to seek medical attention. Although there will be a lot going on around you, your health comes first. Be sure to go to the emergency room or visit your family doctor if you experience any injuries as a result of the accident.

Second, you should find an attorney that handles automobile accident cases.  Representatives from the insurance companies will be calling you to see how you are doing and will want to have you give a statement.  Before speaking to the insurance companies, you should consult with an attorney in order to protect your rights. Here at Stark & Stark, we assist clients with understanding the police report and work with you to review your auto insurance policies. We can help you determine what type of coverage you have and what benefits you are entitled to.

Lastly, it is important to understand the different kinds of coverage available to you. In Pennsylvania, when you signed up for auto insurance, you had to decide between full tort vs. limited tort. Hopefully you selected full tort.  This will allow you to be compensated for all of your damages. Most people select limited tort because it is less expensive. However, if you have limited tort it will most likely limit the compensation you will receive.  If you have limited tort insurance coverage you are not entitled to damages for pain and suffering, unless you fall into one of the exceptions.  Some of these exceptions include: suffering a serious and permanent injury; the person that hit you is from another state; or the other party was intoxicated at the time of the accident.

Remember, it is important to stay calm at the scene of an accident. If you, or someone you know, has recently been hurt in an auto accident, or if you would simply like more information on what to do if you are ever in an accident, please feel free to contact Stark & Stark with any questions.

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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. 

Actions in Ejectment are appropriate where a property owner seeks judicial relief to assert his right in real property where another party has encroached upon the former’s property.  A common scenario for an Action in Ejectment would be one owner’s erection of a structure which encroaches upon the aggrieved party’s property.  Essentially, an Action in Ejectment will lie where a party has usurped use or possession of the aggrieved party’s property.

In contrast, an action in Quiet Title will lie “where an action in ejectment will not lie” and may be utilized  to “determine any right, title, or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land.”  Actions in Quiet Title may also be brought to compel another party to initiate an action in Ejectment, compel the filing, recordation, cancellation or surrender of a document affecting an interest in land, admit the validity or invalidity of a document affecting an interest in land, or to obtain possession of land sold at a judicial or tax sale.

Common circumstances where a Quiet Title Action is appropriate include such divers claims as establishing legal title as a consequence of adverse possession, compelling a party to record a document evidencing the satisfaction of a lien, adjudicating the existence or lapse of an easement, and cancelling a fraudulent or erroneous deed.

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If your child (under 18 years of age) has a condition or conditions which results in “marked and severe functional limitations” for at least 1 year, your child may qualify for supplemental security income, which is administered by the Social Security Agency.  In some instances, the disability may be severe enough to trigger immediate payments. 

Some of the more frequent conditions that may qualify for Supplemental Security Income for a child are: HIV infection; total blindness; total deafness; Cerebral Palsy; Down Syndrome, Muscular Dystrophy;  severe mental retardation; and birth weight below 2 pounds, 10 ounces.

To apply for these benefits for your child, you should contact your nearest social security office or apply online at www.ssa.gov. 

 

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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. 

Pennsylvania Law disfavors hyper-technical, rigid determinations of real property rights where the facts and circumstances warrant a departure from the broader rules of general application. When an actual, de facto boundary between two adjoining properties exists apart from the legal descriptions of both properties by deed, Pennsylvania Law provides that property lines which are respected and mutually acquiesced to for a statutory prescribed period of twenty-one (21) years become the legal boundary between the properties. In a reported case as early as 1817, the Pennsylvania Supreme Court recognized the doctrine of “Consentable Lines” to settle issues concerning mistakes as to the boundary between adjoining properties. Sometimes referred to as “boundary by consent and acquiescence,” the Doctrine of Consentable Lines permits the passing of title to property where adjoining landowners establish a mutually respected boundary either by mistake and inadvertence or dispute and compromise, each landowner claims and occupies the land on his side of the boundary as his own, and the occupation continues uninterrupted for a period of twenty-one (21) years.  This twenty-one year requisite can include “tacking” of years from one owner to his successor in order to aggregate to a twenty-one year sum. 

As a matter of judicial policy, the doctrine functions as a rule of repose to quiet title and to discourage vexatious litigation, where no real dispute as to the validity of the boundary existed for such a period of time although the actual metes and bounds of the property may have varied from the boundary as respected by each property owner.  Consentable Lines may be used to quiet title and reflect a respected boundary as a legal boundary when, after the period has passed, one property owner (or his successor) objects to the other property owner’s use of the property up to the respected boundary – which often includes the erection of a structure – and demands that such use be ceased or the structure removed.

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