Pennsylvania’s Act 129 of 2012 which went into effect in August amends the Pennsylvania Landlord and Tenant Act to give landlords guidance on dealing with personal property left behind by tenants who vacate a rental property.
Continue Reading Amendment to the Pennsylvania Landlord and Tenant Act Clarifies Landlords’ Duty Regarding Tenants’ Personal Property

“I have a judgment from the small claims court. Now what?”
One call that we receive quite often follows a lay person’s successful prosecution of a case in small claims Court – formally called either the Magisterial District Justice Courts or the Philadelphia Municipal Court. The caller will have organized all of the documents and witnesses, and made a convincing case before the Judge, and gotten a judgment against another person or business. Contrary to popular beliefs and expectations, the defendant isn’t required to write a check on the spot to satisfy the judgment.
Continue Reading What to Do After Receiving a Judgment From the Small Claims Court

The Pennsylvania Senate approved legislation on Tuesday, May 24, 2011 that would require contractors and subcontractors to verify legal employment status for all employees working on public building projects. Senate Bill 637, which passed 47-7, makes use of the federal E-Verify system, operated by the Department of Homeland Security, mandatory to confirm that all employees are eligible to work in the U.S.
Continue Reading Pennsylvania Senate Amends Procurement Code to Provide for Verification of Legal Employment Status

Pennsylvania is part of the small minority of states that provides for a peculiar form of ownership of property between a husband and wife which often frustrates the creditors of one spouse. Known as a “tenancy by the entireties,” this estate in property is founded upon the idea that when spouses marry, they become a single legal entity or person. Therefore, when a husband and wife purchase a house or other real or personal property, each is deemed to acquire a one hundred percent undivided interest in the property which cannot be severed or encumbered by the acts of only one of the spouses. This form of ownership is presumed in Pennsylvania upon conveyance to a husband and wife unless there is an affirmative effort to title the property in another matter.
Continue Reading Pennsylvania: A Debtor’s Paradise for the Married

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 Return of Security Deposits Under the Pennsylvania Landlord and Tenant Act

As the economy continues to restrict the availability of credit to small businesses, many borrowers are finding that lenders with which they have had long and mutually beneficial relationships have been restricting lines of credit or adding additional requisites to extend or renew existing lines of credit. Principals of newer small businesses may be shopping for credit for the first time, or are presented with a first commercial lease.
Continue Reading What is a Confession of Judgment, and why is my Lender or Lessor asking me to sign it?

Most family-owned business owners put off their succession planning because they don’t want to think about their retirement, disability or death, however, business succession planning should be a priority in every family owned business. A family owned business owner’s decision to eventually retire is not as simple as no longer going to the office.
Continue Reading Why Family Business Succession Planning is Important

The Internal Revenue Service recently extended the deadline for small non-profit organizations (those with gross receipts normally under $25,000.00) to maintain their tax exempt status by filing Form 990-N to October 15, 2010. Previously, small non-profit organizations did not have to file any return at all; however, beginning in 2007, Congress mandated that all tax-exempt organizations, except churches, had to file returns with the IRS beginning in 2007.
Continue Reading Small Non-Profit Organization Tax Filing Deadline Extended

This is part 2 of a 2 part post discussing expense, time and overall experience one faces during litigation. I find that an important part of competently counseling clients or prospective involves helping them determine whether bringing suit is a good economic decision.
Continue Reading To Sue or Not to Sue: Determining when bringing suit is worth the time and expense – and when is it an expensive exercise in futility – Part 2

As most people are aware, litigating can be an expensive, time consuming, and unpleasant experience. I find that an important part of competently counseling clients or prospective involves helping them determine whether bringing suit is a good economic decision. I find that achieving a successful result for my clients involves taking the time to make a sober assessment of his or her claims, and dispelling myths about litigation which may distort the client’s decision making process in determining whether to proceed with a law suit. It is best for the lawyer and the client to discuss these aspects of the client’s claims before the decision to go forward with litigation is made.
Continue Reading To Sue or Not to Sue: Determining when bringing suit is worth the time and expense – and when is it an expensive exercise in futility – Part 1