Monthly Archives: January 2010
The “Unexpected” Use Tax
Pennsylvania imposes a “use tax” which, although it applies to everyone, is usually apparent only to businesses. The use tax is a tax on the use of a tangible item or service bought by a Pennsylvania resident for use in Pennsylvania. The use tax is… Continue reading
Golfers Beware!
There are times that the game of golf can be dangerous. A golf ball struck by an average golfer can exceed 100 miles per hour coming off the face of the golf club. Golf balls routinely travel several hundred yards and are still moving briskly… Continue reading
These Are Not Bonus Points!
Scoring points is the object of the game in basketball and football, but driving is more like golf; the low score wins. In Pennsylvania, when you accumulate 6 points on your driving record you are required to attend driver improvement school; successful completion results in… Continue reading
Genetic Data in the Workplace
In 2008, President Bush signed into law The Genetic Information Nondiscrimination Act (“GINA”). The purpose of the Act was to prohibit the improper use of genetic information and family medical history by employers. The Act applies to all entities with 15 or more employees,… Continue reading
Commercial Leases in Tough Times
Many commercial leases provide for rent escalation clauses based on inflation and the Consumer Price Index. If you are facing a rental increase and would like us to check your landlord’s math, and otherwise check to ensure that he is abiding by the provisions… Continue reading
Who Owns the Account?
Many times, upon the death of an account holder, issues arise as to who owns a joint account. The rules are clearly stated in Pennsylvania’s “Multi-Party Account Act” (the “Act”), but the results surprise some people because they are often different than the results that… Continue reading
Latin Lovers
One of the more common Latin phrases to appear in judicial opinions is the phrase sine qua non. Literally, the phrase means “without which is nothing.” The practical definition of sine qua non is a thing or condition which is an essential or indispensable… Continue reading
Another Look at Reverse Mortgages
We have previously expressed reservations about the reverse mortgage (“RM”), and while we still would urge caution, it may be a good thing for certain retirees. The primary appeal of the RM is that an elderly couple (they must be at least 62 years old)… Continue reading
Easements, Licenses, and Other Interests in Land
Clients frequently approach us regarding obtaining a right of way over a neighbor’s property or, alternatively, dealing with a neighbor who seeks a right of way over the client’s property. Sometimes these agreements are for vehicular or pedestrian access, a true “right of way.”… Continue reading
Sign Contracts Properly!
Time and again we come across contracts and other important papers purportedly signed on behalf of a corporation, limited liability company, limited partnership or similar “limited liability” entity which are not signed properly by the officer/member/partner, thereby jeopardizing the limited liability protection for the… Continue reading