Litigation

By: Christopher L. Turner

A residential landlord who seeks to evict a tenant from leased premises must follow certain steps and procedures outlined in the Pennsylvania Rules of Civil Procedure and comply with the terms of Pennsylvania’s Landlord and Tenant Act.  A landlord is not permitted to perform a self help eviction except against a trespasser in possession.  Thus, resort must be made to Pennsylvania Courts to secure possession of premises if a tenant refuses to vacate.

The quickest and most cost effective method for removing a tenant from residential real property requires a landlord to file a Landlord/Tenant Complaint in the applicable Magisterial District Court.  The complaint must be filed in the proper District Court and must be served upon the tenant in compliance with the rules of court.  Once service of the complaint is properly effectuated on a tenant, a hearing date is set before the Magisterial District Judge.

If the Landlord prevails before the Magisterial District Judge, a judgment for possession will be entered.  Thereafter, a Tenant has a limited amount of time to appeal the judgment to the Court of Common Pleas and if the Tenant elects to do so it must pay the monthly rent into court if the Tenant wishes to remain in possession during the pendency of the appeal.

The process for removing a Tenant from residential real property contains numerous procedural pitfalls that can further delay an already time consuming and expensive process.  As a result careful attention must be given to assure the eviction is effectuated in compliance with all applicable legal and procedural requirements.

For more information, contact Christopher Turner.

By: Christopher L. Turner

In Pennsylvania, protection from abuse matters are governed by the 1976 Protection from Abuse Act (the “Act”), the Pennsylvania Administrative Code, and the Pennsylvania Rules of Civil Procedure. The Act outlines the circumstances under which a protection from abuse order can be granted, while the Pennsylvania Administrative Code requires, among other things, that each judicial district ensure that a judge or magisterial district judge is available 24 hours a day, 365 days a year to hear and decide emergency petitions for protection. The Pennsylvania Rules of Civil Procedure provide procedural guidelines and sample forms to assist with the petition filing process.

If you or someone you know is a victim of domestic violence, you should contact an attorney to discuss your rights under the Act. Whether you are a victim of abuse, or whether you are facing charges of abuse, an attorney should be consulted and utilized to ensure that your rights are protected and to assist you through this difficult and emotionally-challenging process.

For more information, please contact our office.

By: Christopher L. Turner

It cannot be denied that the struggling economy has adversely affected the real estate market. As a result, some sellers of residential real property who are desperate to sell their property are failing to disclose known defects with their home. These defects cover a broad range and include, but are not limited to defects with the Seller’s roof, basement, water/sewage systems, plumbing, electric, heating and air conditioning as well as damage to the structural integrity of the home caused by termite infestation. Buyers damaged by such defects are naturally wondering “what can I do?”

If you have recently purchased residential real property and have been affected by defects to such property, you should be aware of the Pennsylvania Real Estate and Seller Disclosure Act (the “Act”) and its underlying rationale. Under the Act, a Seller who intends to transfer an interest in real property is required to disclose to the Buyer any material defects with the property which are known to the Seller by completing all applicable items in a property disclosure statement. The Act requires that such seller property disclosure statement be provided in all residential real estate transfers except for certain fiduciary transfers and transfers of new residential construction that have not been previously occupied and have been inspected for building code compliance and received a certificate of occupancy or code compliance.

A Seller of residential real property will be liable in the amount of actual damages suffered by the Buyer if such Seller willfully or negligently violates or fails to perform any duty prescribed by the Act. However, a Buyer’s action for damages against a Seller for violations of the Act must be commenced within a certain time period that begins to run from the date of final settlement on the affected property.

In addition to a cause of action under the Act, liability may also be imposed under alternative legal theories. There may also be causes of action against the Seller’s Agent and/or the Buyer’s Agent. Such options should be discussed with an attorney.

For more information, please contact Chris Turner in our litigation department.

By: Christopher L. Turner

If you are arrested for driving while under the influence of alcohol in Chester County, an Accelerated Rehabilitative Disposition (ARD) Program is available for those who qualify. Essentially, admission into ARD and satisfactory completion of the ARD Program gives an individual the opportunity to earn a clean record and dismissal of the pending charges. ARD should be considered by those who are willing to lend themselves to treatment and rehabilitation rather than punishment.

Participation in the ARD Program is not mandatory and compliance with certain requirements imposed by the Chester County District Attorney’s office is absolutely necessary for acceptance into the ARD Program. Certain people are simply not eligible for the program and acceptance to it is determined on a case by case basis. Because there is no right to participate in the ARD Program, you should consult an attorney to determine whether ARD is a viable option for you. For more information on the ARD Program or driving under the influence laws in Pennsylvania, please contact Christopher Turner.

By: Christopher L. Turner

In these challenging economic times, commercial landlords need to be mindful of the advantages of Confession of Judgment Clauses. These clauses permit a landlord to obtain a judgment either for money damages or for eviction against defaulting tenants without the need of a trial.

Additionally, priority of the judgment is established as of the date the judgment is confessed.  As a result, at the time of entry into new leases, landlords should attempt to obtain clauses permitting Confessions of Judgment for both money damages and in ejectment. Similarly, in the event a landlord is confronted with a defaulting tenant, the landlord should review the lease agreement and determine whether he or she has a Confession of Judgment Clause contained therein. If it is available, it can prove a very effective mechanism or collecting money and/or possession of property.

Whether initially drafting such clauses or seeking to enforce them, extreme care must be taken by the landlord.  Because these provisions provide prompt mechanisms for executing upon a judgment and without need for a trial, the courts routinely require strict adherence to Pennsylvania Law and its civil procedure with respect to their interpretation and enforcement.  In summary, if carefully drafted and strictly followed, these clauses provide a landlord with one of the more effective remedies available to him or her when dealing with a defaulting tenant.

For more information about Confessions of Judgment, contact our office.