Posts written by buteralaw
Partition: Breaking Up May Not Be Hard To Do
The purpose of the legal action known as partition is to allow joint owners of property, who no longer desire to own that particular property, to divest themselves of ownership for reasonable and fair compensation. While a partition action can be used for personal property,… Continue reading
Falling Trees
If a tree falls and nobody is there to hear it, does it make a sound? Yes, especially if the tree started on your property and fell on your neighbor’s house.If a tree rooted on your side of the property line falls across the property… Continue reading
The Barnes Foundation’s Move to the Parkway Approved
The wonderful collection of Dr. Albert Barnes, including hundreds of paintings of the Impressionist Masters, is soon to be relocated to a new site on Philadelphia’s Benjamin Franklin Parkway. The highly anticipated decision was rendered by Judge Stanley Ott, and unless the students who protested… Continue reading
Employers Beware: Wage Payment and Collection Law
The Pennsylvania Wage Payment and Collection Law (“WPCL”) provides a statutory cause of action for employees against employers and responsible individuals; it allows an employee to sue for unpaid wages and recover additional damages of 25% of the unpaid amount and counsel fees. The WPCL… Continue reading
7 Tips for Financial Well-Being
Here are some quick tips to consider in the coming year to improve your financial picture: Get rid of high interest credit card debt by refinancing or using a home equity second mortgage at lower interest rates. The interest may become deductible and the overall… Continue reading
Is the Constitution Unconstitutional?
The results are clear; in November’s election the President won a comfortable majority of the popular vote and a much closer victory in the Electoral College. But one has to wonder what might have happened if a relatively small number of votes had been different… Continue reading
Internal Revenue Update
For those of you who pay income taxes (ha!) there are modest changes you should know about in the Internal Revenue Code for 2005; some are: The standard deduction for a single person or for a married person filing separately is increased to $5,000 (from… Continue reading
Latin Lovers
Sometimes judges, in their opinions, say things that are not strictly necessary to support their decisions. Because our legal system depends heavily on the reasoning contained in prior decisions (the principle known as stare decisis) loose words contained in a judicial opinion can cause problems… Continue reading
Good Faith/Bad Faith
In the context of religion, there is no such thing as good faith or bad faith – to each his own. In the world of insurance, however, a carrier has a duty to act in good faith and the concept of “bad faith” has a… Continue reading
The Importance of a Performing Home Owners’ Association: How Effective the Remedies?
Many more of us own and live in either condominiums or planned communities where all of the owners in the community have an interest in the common elements (e.g., exterior walls and roofs of the buildings, sidewalks, streets, recreational facilities, etc.). Since this type of… Continue reading