Bernstein Law Firm Client Advisory
In this quarterly issue of Bernstein Law Firm's client advisory, our attorneys keep you current on a number of issues vital to the health of many businesses through our blog. The articles in this advisory focus on efficiently litigating a breach of contract, why a personal guaranty may not be enough and distraint procedures in Pennsylvania. We encourage you to share these advisories with others who might benefit from the information.
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|Jennifer L. Tis
|Tenancy by the Entireties: Why A Personal Guaranty May Not Be Enough
Tenancy by the entireties is a form of concurrent ownership of property in which each owner holds an indivisible interest with a right of survivorship. Although that may sound complicated, the method by which it is formed is quite simple: marriage. When a husband and wife acquire real property together (ie. the property is in both of their names) the property is automatically deemed an entireties property and both husband and wife are tenants by the entirety.
|Scott M. Eckstein
Efficiently Litigating Breach of Contract/Breach of Service Claims
|In an ideal world there would never be any need to have to be concerned about receiving payments for services rendered or contracts performed. The parties to any such agreements would each do what they agreed to do and there would be no need for court involvement. Unfortunately, there is no ideal world. Coupled with an economy that is suffering greatly the need for court involvement is increasing. As a result, every business must be prepared to step into the litigation arena from time to time.
|Lara E. Shipkovitz
The Unsettled Law of Distraint Procedures in Pennsylvania
|The ambiguity of the legality of remedies available to a landlord when presented with a defaulting tenant has put the landlord in a difficult situation in Pennsylvania. The Landlord and Tenant Act of 1951, 68 Pa.Stat.Ann. § 250.302 et seq (hereinafter "the Act") was thought to be envisioned by the legislature to afford a complete and exclusive remedy for a landlord seeking to vindicate his rights against a defaulting tenant. The Act provides for a statutory lien on tenant's goods for rents due up to one year and authorizes a distraint action, in which the landlord may lawfully take possession of, and sell for arrearages of rent, a tenant's personalty found on the leased premises.