Posts written by buteralaw
Clown Hats III
What seems like half a lifetime ago, I commented on the presidential campaign; and while, at the top, the tickets are about as anticipated, there have been a few curve balls. At this point the polls are indicating a very close race. On the Republican… Continue reading
Refinancing Credit Card Debt
Consumer debt (especially credit card debt) is a growing concern for many individuals during this period of economic expansion. Consumer debt can quietly grow, resulting in �maxed- out� credit cards and an inability to pay more than the minimum monthly balance. How can excessive credit… Continue reading
Apostrophes to Denote Possessives – (What’s with Tiger’s Sibilants?)
The use of an apostrophe followed by an s in a possessive phrase is generally not difficult: “John’s hat” or “the girl’s book.” Most of us have little difficulty recognizing these as possessive and inserting the �s properly. But what about words ending in sibilants?… Continue reading
Exceptions to Employment-At-Will
Most employers are aware that Pennsylvania is an “employment-at-will” state. What they may not be familiar with are the exceptions to the employment-at-will doctrine. The employment-at-will doctrine provides that, absent contractual or statutory restriction, either the employer or employee may terminate the employment relationship for… Continue reading
Long Term Care Insurance
Long term care (e.g., nursing home care) is an increasingly utilized provision of Medicaid. It is estimated that almost 55% of nursing home costs are paid for by the Medicaid program. However, in order to qualify for Medicaid certain hurdles must be overcome: Assets must… Continue reading
The Queen’s English – Apostrophes Can Be Pesky Too!
William Penn first set foot in Philadelphia at the foot of Walnut Street on the Delaware River. It became Penn’s Landing; however the dozens of directional signs in the area point to “Penns Landing” – – the apostrophe has been jettisoned! One can only wonder… Continue reading
Security Deposits
What happens when a residential landlord fails to return a tenant’s security deposit and fails to provide a written list of damages to the premises within 30 days following termination of the lease? Under Pennsylvania’s Landlord and Tenant Act of 1951, any residential landlord who… Continue reading
Latin Lovers VII
What is the difference between a mortgage lender filing a lawsuit to recover from its borrower on a promissory note and a lender who instead elects to file a mortgage foreclosure suit? A suit on a promissory note is in personam. A mortgage foreclosure action… Continue reading
Dying’s a Bargain After July 1st
Pennsylvania has just reduced the tax on the estates of people dying after July 1, 2000. The tax on the value of an estate (after subtracting debts of the decedent and expenses of administration of the estate) have been reduced in two categories: property passing… Continue reading
Employer May Not Deduct Excess Time Taken From Exempt Employees Final Paycheck
The Department of Labor recently issued an opinion letter stating that employers cannot reduce the final paychecks of exempt (executive, administrative or professional) employees who have used more vacation, sick or personal leave time than they have accrued. To do so would destroy their exempt… Continue reading