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Understanding Waivers/Exculpatory Clauses

Waivers, sometimes referred to as exculpatory clauses, limit or prohibit claims that may arise for personal injuries or property damage. They are typically included in contracts with fitness clubs, ski resorts or other types of athletic or recreational facilities. In some cases, the waivers or exculpatory clauses are printed on tickets for admission to sporting events, such as baseball games and hockey games. The legal effect of acquiescing to the waiver is that the individual agrees to assume the risk of personal injury or property damage that may be associated with a particular activity, notwithstanding the negligence of the other party. Examples of spectators being injured and waiving their right to sue for personal injuries would be fans struck by foul baseballs, errant bats, or hockey pucks.

Separation Period for No-Fault Divorces in Pennsylvania Reduced

As of December 5th, 2016, the mandatory separation period required under Section 3301(d) of the divorce code will be reduced from two years to one year. This new rule is only applicable to parties separating after December 5th. The current two-year separation period remains applicable to married persons that separated prior to December 5th. This means that anyone who separates from their spouse after December 5, 2016, and files for a no-fault divorce, but does not have the consent of the other spouse to be divorced, only has to wait one year before he or she can establish the grounds for divorce. Establishing the "grounds for divorce" enables a party to either proceed to obtain a decree or begin litigating the division of the marital estate. Determining a date of separation can be difficult in its own right but oftentimes the date of the divorce filing becomes the default date of separation. When first enacted in 1980, the Divorce Code imposed a three-year separation period. In 1988, the law was changed to reduce the waiting period down to two years. As of December 5, 2016, the separation period that has been in place for roughly 28 years will be cut in half. If you have questions regarding the new changes to the Divorce Code, be sure to consult with an attorney experienced in these matters before proceeding. Keep in mind that this article should not be viewed as legal advice and is for informational purposes only. Feel free to call me, Liam Duffy, or anyone at Rubin, Glickman, Steinberg & Gifford if you are interested in a free consultation.http://www.rgsglaw.com/Family-Law/

Home sellers must tell buyers about defects and issues

Pennsylvania has a Real Estate Seller Disclosure Law, which states that anyone selling a residential home is required to fill out a form listing all the defects of the property. You must give potential buyers a filled-out version of this form before selling the property so that they are aware of any defect that could cause issues or damages later. Filling out this form correctly is very important and could save you a lot of money and trouble later.

Why it's important never to talk to a cop

Fifty years ago, the Supreme Court of the United States (SCOTUS) made a landmark ruling in the case Miranda vs. Arizona. You have no doubt heard the words they mandated in that ruling over and over again: You have the right to remain silent. Anything you say can and will be used against you.

Those words must be read to you if you have been arrested. In fact, they are one of the first ways you can be sure that you are under arrest. If you are under arrest, you lack the freedom to leave the station, the squad car, or even the hotel room where you might have been arrested.

Drunk Driving Penalties In Pennsylvania: What You Need To Know

Being arrested for drunk driving can be a very scary and stressful experience. It can also leave you wondering what's going to happen to you, and whether there is any hope that the charges against you may be reduced or dropped. When it comes to DUI cases, details matter and the factors related to your stop, testing and arrest also matter.

While every DUI case must be investigated and assessed in the context of the specific facts and circumstances, the following are some common defenses to drunk driving charges.

Workers Compensation Benefits for Injuries Sustained in a Traffic Accident

Employees who travel as a condition of employment are entitled to workers compensation benefits for injuries resulting from a traffic accident. Even if the employee was the cause of the accident, he is still eligible to recover workers compensation benefits, which include medical coverage and wage loss. It does not matter whether you are driving your personal vehicle, the employer's vehicles, a rental car, or hired transportation.

Stay-at-home dads and divorce

According to the Pew Research Center, the number of fathers staying at home to raise children has nearly doubled since 1989. In some instances, this is happening because the father is unemployed or unable to work, or because the mother has a higher earning potential. In many cases, however, fathers want to stay home and care for their families and households.

In light of this trend, researchers have been conducting studies of the impact of fathers' involvement in their children's lives. The Journal of Applied Developmental Psychology published a 2005 study which revealed a significant relationship between father involvement and gains in academic achievement beyond what could be accounted for by maternal involvement alone. Children raised by actively engaged fathers are also less likely to develop "at-risk" behaviors, such as hyperactivity and delinquency. Still other research points to the relationship between paternal involvement and improved physical well-being of children.

DUI in Pennsylvania - You Need a Good Lawyer

Pennsylvania has some of the toughest DUI laws in the country. As a result, honest people who would never knowingly violate the law sometimes unknowingly violate Pennsylvania's DUI laws. When that happens, people occasionally question whether they need to hire a lawyer to help them navigate the criminal justice system. The answer is simple: Yes.

What Not To Do After A Car Accident

From a distracted driver who rear-ends your car at a traffic light to a drunk driver who sideswipes your vehicle as you travel down the highway, traffic accidents can happen anywhere and to anyone. During 2014 alone, highway patrol officers throughout Pennsylvania responded to more than 121,000 reports of traffic accidents which sent nearly 80,000 people to hospitals and claimed the lives of 1,317.

Even the safest and most experienced drivers can fall victim to the careless and reckless actions of distracted, speeding and drunk drivers. When an accident happens, many drivers don't know what to do and consequently make mistakes that can negatively affect their ability to recover compensation for their injuries and repair costs.

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Rubin, Glickman, Steinberg and Gifford has been a member of the local Penn Suburban Chamber of Commerce (previously known as North Penn Suburban Chamber of Commerce) for more than 25 years.

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