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Changes to Pennsylvania Mechanic’s Lien Law Take Effect

Pennsylvania’s mechanic’s lien law is set to undergo changes for projects valued in excess of $1.5 million. The changes seek to improve notices between participants on the job, particularly notices involving subcontractors and second tier material suppliers, and to help avoid the filing of liens. Subcontractors and other second- and lower-tier contractors and material suppliers …

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Do I Really Need a Survey?

If you are buying a house, a lot, or any real estate for that matter, should you be getting a survey? The answer is probably yes.

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New HUD Guidance On Use Of Criminal Records To Evaluate Tenants, Buyers And Borrowers

By: William J. Burke The Office of General Counsel of the U.S. Department of Housing and Urban Development (“HUD”) has issued guidance dated April 4, 2016 addressing how improper use of criminal background information by applicants for sale, rental or financing of housing that is subject to the Fair Housing Act (“Act”) may violate …

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What are the potential impacts of a pipeline easement on your Pennsylvania Property?

Chester County, Pennsylvania currently has a least two active pipeline projects winding through it. The Columbia Pipeline Group’s Eastside Expansion Project which runs from West Vincent to West Bradford, and Sunoco Logistics Mariner East 2 Project running from northwest to southeast Chester County. Hundreds of Chester County residents have been or will be approached with …

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Amendment Clarifies PA’s Permit Extension ACT

Amendments to Pennsylvania’s Permit Extension Act have clarified provisions suspending the expiration dates of certain approvals obtained by developers and property owners. On July 10th Governor Wolf signed into law Act 31 of 2015 which amends Pennsylvania’s Permit Extension Act, 53 P.S. § 11703.1 et seq. The change of most interest to developers/property owners …. …

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Permit Extension Act Part II: Tolling Provisions Apply To Uniform Condominium And Planned Community Acts

The amendments to the Permit Extension Act (“PEA”), Act 31 of 2015, have now specifically included condominium and planned community Declarations within the tolling provisions of the PEA … Read Full Article

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Beer Distributors May Now Expand Inventory to Include 12-Packs

By: Theodore F. Claypoole The Pennsylvania Liquor Control Board issued an “advisory opinion” on Friday, March 6, 2015, stating that distributors are permitted to sell brewed beverages by the 12-pack. Prior to this opinion, it was generally understood that distributors were only allowed to sell beer by the case or keg. The LCB …

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Open-End Construction Loan Mortgage Amendment to Pennsylvania Mechanics’ Lien Law

By: Theodore F. Claypoole In response to the Pennsylvania Superior Court’s decision in Commerce Bank v. Kessler, Governor Corbett signed into law Act 117 of 2014 on July 9, 2014, which amends the Pennsylvania Mechanics’ Lien Law. In Commerce Bank v. Kessler, the Superior Court held that one hundred percent (100%) of the …

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IRS Introduces New Form 1023-EZ

By: Theodore F. Claypoole The Internal Revenue Service has released a shorter application form for non-profit organizations applying for tax-exempt status under Section 501(c)(3). Form 1023-EZ (Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code) simplifies the process of obtaining Section 501(c)(3) tax-exempt status. Form 1023-EZ is three …

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Direct Relation Test Challenged in PA Supreme Court – Why Disclosure for Confession is Essential

A recent case challenging the denial of a petition to open a confessed judgment has been granted appeal by the Pennsylvania Supreme Court.  The case of Graystone Bank v. Grove Estates, 58 A.3d 1277, 2012 PA Super 274 (2012) has been appealed to determine the validity of the warrant of attorney which did not appear on the signature page of the agreement.

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