By:  Steven Karchm Esq.

Mediation is a form of alternate dispute resolution which offers parties a different venue to resolve their differences.  In matrimonial cases, parties are free to select a mutually agreed upon Mediator in an effort to resolve all issues regarding their marriage and divorce, including but not limited to custody and parenting time, support, and equitable distribution.   

The role of the Mediator is to facilitate an agreement between the parties, not provide legal advice.  The Mediator will draft a Memorandum of Understanding, setting forth the parties’ positions and intent, but this document is not an Agreement.  It is strongly recommended that each party have legal counsel during this process so each understands their rights and responsibilities, and to ultimately draft a global settlement incorporating the terms of the Memorandum of Understanding.  The Mediator can educate, but not advise either party of his or her legal rights. 

Many parties start the divorce process by filing a Complaint.  Even though the Complaint has been filed, parties can still utilize the services of a mediator.  However, you need to understand that once the Complaint is filed, the Court now has jurisdiction over your case.  This means, the clock has now started to tick and you will be required to meet various deadlines and appear in court.  As one can imagine, this can be quite costly given that both parties are normally represented by attorneys and most parties will have to take time off from work to attend these Court appearances.

THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED AS LEGAL ADVICE.  IFYOU HAVE A SPECIFIC LEGAL ISSUE OR QUESTIONS, PLEASE CONTACT OUR OFFICE.

By: Jason Briel, Esq.

In general, duties of a property owner do not extend to making the sidewalk perfectly level or to remedy trivial defects; a reasonably safe sidewalk condition is all that is necessary.  Slight variations in grades, will not, as a matter of law, sustain an action in negligence.  Remedy or repair is not required until the break or imperfection becomes patently dangerous.  Crumbling cement or cracks and holes in the middle of a sidewalk which create a tripping hazard are the types of defects property owner would be wise to repair.

Also, where persons are permitted to use a path directly over another’s property for some time, and, although with full knowledge of such use, no objection is made by the property owner, the owner owes such persons, known as a licensee, the duty of ordinary care, and is bound to see that there are no dangerous pitfalls, or, if they exist, to give reasonable notice or warning in order to avoid injuring those in the habit of using the pathway.  Landowners are not subject to liability for conditions that are completely obvious.  A danger is deemed to be “obvious” when both the condition and the risk are apparent to and would be recognized by a reasonable man, in the position of the visitor, exercising normal perception, intelligence, and judgment.  However, keep in mind that conditions that pose no basis for liability during the day may become otherwise if covered or obscured.

 THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

 By:  Jennifer Toth, Esq.

Many commercial tenants are under the false impression that if an employee is hurt on the job, due to lack of maintenance or repairs in the building, the landlord will be liable for the resulting injuries. However, in New Jersey, that is not always the case.

In McBride v. Port Authority of New York and New Jersey, 295 N.J. Super, 521, 522, 685 A.2d 520 (1996), the Court held that a “landlord is not liable for personal injuries suffered by the employee of a commercial tenant due to a lack of proper maintenance or repair, when the lease unquestionably places responsibility for [the] maintenance or repair solely upon the tenant.”  citing Coleman v. Steinberg, 54 N.J. 58, 63, 253 A.2d 167 (1969) (the Court, speaking of the common law, said: “In the absence of an agreement to make repairs, the landlord is under no obligation to do so. That burden falls upon the tenant.”)

As a result of the above decisions, a New Jersey landlord will only be held liable if the lease specifically states the landlord assumes responsibility for the property’s repairs and maintenance. 

Prior to signing a commercial lease, a tenant must carefully read the document and clarify with the landlord any sections that may be vague or confusing.  Tenants must be proactive and know their rights and liabilities to prevent being faced with this harsh reality after an injury has already occurred.

THE FOREOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW IN THIS AREA AND IS NOT TO BE SUBSTITUTE FOR LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.

In the United States v. Stricker, the Federal Government filed a lawsuit against Plaintiff’s in a class action and the attorneys alleging that medicare’s interests were not protected. The lawsuit was filed December 1, 2009 on the eve of a six year statute of limitations to recover conditioal payments made to 907 plaintiffs invovlved in a $300 millon dollar settlement. The federal government has requested the reimbursement of all conditional payments with double damages and interests. The total conditonal payments alleged due and owing to medicare is $67,156,770.

A few months ago, 28-year-old National Football League star Donte Stallworth began an abbreviated jail term for his act of killing a pedestrian while driving drunk in Florida in Macrh. Because of Stallworth’s cooperation with investigators and the wishes of the victim’s family, his sentence was drastically reduced. Stallworth pleaded guilty this past Tuesday to manslaughter while driving under the influence of alcohol in exchange for a lighter sentence. He was sentenced to 30 days in jail in addition to a lifetime ban on his driver’s license. He was also ordered to pay $10,000 in fines and to perform 1,000 hours of community service. The average jail sentence for similar crimes in Florida is 10 years, but Stallworth reached a confidential financial settlement with the victim’s family. After his release from jail, Stallworth must serve two years of house arrest and spend eight years on probation.
In Pennsylvania, driving under the influence occurs when an individual drives, operates or is in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle. Penalties for a first offense conviction of a DUI can range from a substantial fine to six months of probation. Subsequent offenses carry stiffer penalties, including significant jail time.
Subsequently, in Pennsylvania the crime of involuntary manslaughter occurs when a person as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, causes the death of another person. Driving a car drunk is considered an unlawful act in Pennsylvania and could subject a guilty defendant to possible involuntary manslaughter charges. Penalties for a first offense conviction of an involuntary manslaughter charge range from a loss of license, a significant fine, and can include substantial jail time.

Authored by Anthony Renaldo, Esq.

The recent death of entertainer Michael Jackson has sparked a frenzy of world wide attention. Most troubling has been the mysterious circumstances surrounding his acquisition and use of prescriptive pain and sleeping medication.

Currently, autopsy and toxicology reports are under way to determine what actually killed the superstar.

Legally, the fundamental question is whether Jackson’s death was due to an accidental overdose or a homicide? If the coroner finds that the cause of death is an accidental overdose, Jackson’s doctors (assuming they administered and/or prescribed the medication) could still be faced with a series of civil suits. However, assuming Jackson’s death is ruled a homicide by the L.A.P.D., the person (i.e. doctor, nurse, etc) who prescribed and/or administered the drugs, could be held criminally liable for their actions and could face a significant jail term. The most serious criminal charge that the doctors could face would be manslaughter.

In Pennsylvania, a person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person. This criminal law applies to all doctors who provide treatment and prescribe medication to their patients; over prescribing medication to the degree that Jackson’s doctors supposedly did would likely be considered reckless or grossly negligent. Assuming Jacksons’ doctors were in fact reckless or grossly negligent in their treatment of the “King of Pop,” they could face serious jail time as well as severe fines and a loss of their medical license.

[the foregoing is a general discussion on criminal law and should not be construed as either legal advice. Furthermore, any defendant is considered innocent until proven guilty by a jury of his/her peers].

 Last week the U.S. House of Representatives overwhelmingly passed a Credit Cardholders’ Bill of Rights, intended to protect consumers from sharp interest rate increases, harsh penalties, short payment windows and other abusive practices. A similar measure is moving through the Senate. President Obama is pushing the legislation.  Therefore, if you are a resident of Easton, Bethlehem, or Allentown Pennsylvania, help may be on the way. 

Meanwhile, with most U.S. households struggling as a result of the current economic conditions, it is only natural that the plastic cards are being used more frequently. This unavoidable rush of credit card debt for some individuals may only be a temporary stopgap on the way to filing for bankruptcy. Thus, we can look at the most basic question individual debtors have when filing for bankruptcy, which chapter is right for me? (Most individual debtors will qualify for bankruptcy under chapter 7 or chapter 13 of the Federal Bankruptcy Code).

A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor’s property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain “exempt” property; but a trustee will liquidate the debtor’s remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.

Conversely, chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time.

  [THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW.  IF YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY].

 As of this morning, the World Health Organization reports that the number of reported swine flu infections has increased to 236 people. With global attention focused on issues relating to human health and healthcare, this presents an opportunity to look at a controversial issue involving the treatment received at hospital emergency rooms by those individuals without health insurance.

Despite any reported cases in Easton, Bethlehem, and Allentown, Pennsylvania, there seems to be a growing concern that this flu can hit our local area.  In the event the flu penetrates Easton, Bethlehem, or Allentown, hundreds of people without health insurance can be dramatically effected. 

The Emergency Medical Treatment and Active Labor Act is a federal statute which governs when and how a patient may be (1) refused treatment or (2) transferred from one hospital to another when he is in an unstable medical condition. The stated purpose of the statute is to prevent hospitals from rejecting patients, refusing to treat them, or transferring them to “charity hospitals” or “county hospitals” because they are unable to pay or are covered under the Medicare or Medicaid programs. As the statute states, any patient who “comes to the emergency department” requesting “examination or treatment for a medical condition” must be provided with “an appropriate medical screening examination” to determine if he/she is suffering from an “emergency medical condition”. If he/she is, then the hospital is obligated to either provide him/her with treatment until he/she is stable or to transfer him/her to another hospital in conformance with the statute’s directives.

  [THE FOREGOING IS A GENERAL DISCUSSION ON THE LAW AS IT PERTAINS TO MEDICAL TREATMENT.  IF YOU HAVE A SPECIFIC LEGAL QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY]

 Census Bureau figures released March 30, 2009, show that about 2.5 percent of Pennsylvania’s 2008 revenue came from “death and gift” taxes. Surprisingly, that percentage of government income is the highest of any state.

Death taxes can take one of two forms – a tax on the estate of the deceased or a tax on the amounts inherited by survivors.

Today, Pennsylvania only has an inheritance tax. The inheritance tax is imposed on the value of the decedent’s estate transferred to beneficiaries by will or intestacy. For dates of death on or after July 1, 2000, the tax rate for Pennsylvania Inheritance Tax is 4.5 percent for transfers to direct descendants (lineal heirs), 12 percent for transfers to siblings, and 15 percent for transfers to other heirs (except charitable organizations, exempt institutions, and government entities). Inheritance tax payments are due upon the death of the decedent and become delinquent nine months after the individual’s death. If the tax is paid within three months of the decedent’s death, a 5% discount is allowed.

  [THE FOREGOING IS INTENDED AS A GENERAL DISCUSSION OF THE LAW IN PA AND IS NOT MEANT TO BE A SUBSTITUTE FOR LEGAL ADVICE.  IF YOU HAVE A SPECIFIC LEGAL QUESTION OR ISSUE, PLEASE CONTACT OUR OFFICE]

By:  Anthony Renaldo, Esq. 

 Recent events dealing with gun violence in Pittsburgh, PA, Binghamton, N.Y., and Graham, Washington, has sparked a renewed debate over gun laws across the country. Nationally, gun sales are reported to be on the rise. Accordingly, from November 2008 through March 2009, FBI background checks, which are required every time a federally licensed gun dealer makes a sale, rose 29.3% over the same period a year earlier.

Thus, anyone interested in owning a firearm in the Commonwealth of Pennsylvania should be aware of the laws. It should also be noted that there is a difference in Pennsylvania between owning a firearm and carrying a firearm.

Specifically, the minimum age to own a firearm is 18. However, there are recognized exceptions to this rule for minor’s who wish to own a firearm. Additionally, there is no firearm registry in the Commonwealth. Thus, if you legally posses and bring your firearms into Pennsylvania no further action is required. However, all transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a Sales Database of all handguns purchased within the Commonwealth.

If you wish to carry your legally owned firearm outside your home or business, you must obtain a License To Carry Firearms from the state. Anyone who is found carrying a firearm outside their home or business without the license is committing a felony.

THE FOREGOING IS INTEDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE.  IF YOU HAVE A SPECIFIC QUESTION, PLEAES CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.