William Penn Life, 1996 (31. évfolyam, 1-12. szám)
1996-03-01 / 3. szám
Page 2, William Penn Life, March 1996 William Penn LIFE Official Publication of the William Penn Association Published Monthly Office of Publication: 709 Brighton Road Pittsburgh, PA 15233 Phone: 412/231-2979 Third Class U.S. Postage Paid Pittsburgh, PA Permit No. 2724 Frances A. Furedy Editor-in-chief George S. Charles, Jr. Associate Editor John E. Lovász Managing Editor NATIONAL OFFICERS Frances A. Furedy Acting National President National V.P./Treasurer George S. Charles, Jr. National V.P./Secretary BOARD OF DIRECTORS Michael J. Hrabar Chairman Roger G. Nagy Vice Chairman Elmer A. Furedy Vice Chairman Anthony C. Beke Louis A. Fodor Barbara A. House Michael R. Kara Andrew W. McNelis George F. Mirkovich Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr. Frank J. Radvany Secretary of the Board AUDITING COMMITTEE Charles J. Furedy Chairman Margaret H. Boso Secretary Dennis A. Chobody Joseph Hamari Robert A. Ivancso Ernest J. Mozer, Sr. CONSULTANTS Bruce &. Bruce Company Actuary Horovitz, Rudoy &. Roteman C.P.A. Rothman Gordon Foreman &. Groudine, P.C. General Counsel Dr. Julius Kesseru Medical Director Unsolicited articles, letters, manuscripts, pictures and other material submitted to the WILLIAM PENN LIFE are forwarded at the owner's risk, and the WILLIAM PENN LIFE expressly denies any responsibility for their safekeeping or return. The WILLIAM PENN LIFE reserves the right to edit, revise or reject any article submitted for publication. Postmaster: If undelivered, please send form 3579 to: William Penn Association 709 Brighton Road Pittsburgh, PA 15233 WPA seeks candidates for President PITTSBURGH - The WPA Board of Directors has appointed a search committee to seek and evaluate candidates for the position of National President. The search committee is now accepting resumes from interested persons whose background satisfies the requirements of the office. The National President is the chief executive officer and official representative of the Association. It is a full-time position requiring residency in the Pittsburgh area. Major duties of the National President include supervising the operations and employees of the Home Office and Sales Department; executing all decisions and policies adopted by the General Convention, Board of Directors and Executive Committee; directing the cultural, fraternal and social activities of the Association; and overseeing branch activities. The National President is responsible for building the field force, recruiting new members and sales representatives and increasing the Association’s insurance in force. The National President also serves as an ex-officio member of all committees and performs all other duties customarily performed by the president of a corporation. Candidates for this position must have previously held a leadership position in a national or fraternal organization with responsibility for organizational Member helps with separation of twins Continued from Page 1 but you always have to be worried about infection or tissue loss,” he said. It will be a few more weeks before doctors will know how well Sarah is likely to pull out of the operations. The hospital and doctors came under some criticism for donating $150,000 worth of services to a patient from outside the United States. But Thomas doesn’t regret his decision to work for free. "Just because there’s a fence separating us doesn’t mean they should die like that,” he said. "Why let the children die when we can save them.” performance. They must demonstrate prior success in planning and executing insurance and marketing programs and have experience in implementing financial and investment principles. Candidates should have a bachelor’s degree or its equivalent, good written and oral communication skills, and the ability to manage and get along with people. They also should be comfortable speaking in public and dealing with members. Persons interested in applying for this position must submit their resumes by certified or registered mail, return receipt requested, to: William Penn Association 709 Brighton Road Pittsburgh, PA 15233-1821 Attn: Roger G. Nagy Search Committee Chairman-------Moving?------If you have recently moved or are planning to move, please notify our office so that we can update our records and make sure you keep receiving the William Penn Life. Please print the necessary information below. Name:_____________________________________________ Certificate No,:__________________________Branch No.. Old Address: New Address: □ I am a William Penn member, but I do not receive the William Penn Life Please add me to your mailing list at no charge. □ I am receiving more than one copy of the publication each month. Please cancel the extra copies. Send the above information to: John E. Lovász, Managing Editor William Penn Life 709 Brighton Road Pittsburgh, PA 15233 Special benefits for contractors By Emil W. Herman, Esq., General Counsel One type of business which is given in most, if not all states, a benefit over other businesses, is construction. While many consumer related laws seek to prevent unscrupulous "home improvement contractors” from taking advantage of unwary consumers, a benefit is provided which can be used by both legitimate and illegitimate contractors and/or material suppliers to force payment for goods and labor. The benefit is called a mechanics lien. A mechanics lien is a special type of lien or judgment that can be placed on record against an owner’s real property if payment for services of the contractor, or materials of the supplier used to improve that property, has not been made. The mechanics lien can be automatically placed against a property without notice to the owner, although subsequent notice is usually required. If a mechanics lien is placed against property that you own, it will appear in any title or credit search done of you or your property, and serve as evidence that someone claims you failed to pay a debt. Thus, for instance, the contractor who builds or remodels your house, the brick supplier, and the electrician can each, under certain circumstances, place a mechanics lien against the property on which their goods were placed or their services performed, to assure their payment for those goods or services. If you owe the money claimed, it would be difficult to dispute the right of the contractor or supplier to enforce his claim. If, however, your failure to pay is because you believe the labor was deficient or the materials defective, then the right of the contractor or supplier to impose a mechanics lien and affect your credit rating may seem like extortion. The procedure for placing a mechanics lien against property varies from state to state. Generally, however, the contractor must prove that: a. The labor or materials supplied were supplied pursuant to a contract with the owner of the property; b. The labor was performed or the goods delivered directly to the property; and c. A demand for payment was made and a reasonable time has passed without payment being made. Once the lien is placed against the property, notice must be given to the property owner. A property owner may challenge the lien in court (if payment was withheld with cause), may pay the amount due and demand that the lien be released, or may wait and do nothing. Generally, a mechanics lien will expire after a prescribed period (for instance, one year after imposition) unless the contractor goes to court and validates the lien by presentation of evidence, with the property owner given an opportunity to defend the claim at that time. Even a subcontractor, that is, a worker or supplier hired by the contractor rather than the owner, may have the right to place a mechanics lien against the property, but generally only after notice to the owner. This provides the owner with an opportunity to require the contractor to make the proper payment due, or make the payment himself directly to the subcontractor (rather than the contractor) before the lien is imposed. If you are concerned about someone having the ability to place a mechanics lien against your property, you may be able to prevent it from happening. Many states permit what are known as "No Lien Agreements” to be filed on record with the recorder of deeds or clerk of courts. A No Lien Agreement is between the property owner and the contractor. Under the agreement, the contractor agrees, for itself and any subcontractors and suppliers, that no liens will be placed against the owner’s property for any reason. The No Lien Agreement is recorded so that suppliers and subcontractors have notice that there is a risk involved in supplying goods or services to the property because of the inability to impose a mechanics lien. If a mechanics lien is placed against property for which a No Lien Agreement is properly recorded, the owner of that property will not only be able to discharge the lien, but also recover the costs incurred for legal proceedings to do so. If you are preparing a major building or remodeling project, you should consider a No Lien Agreement. A lawyer can advise you how to draft and record such an agreement to give you the protection you want. Emil W. Herman, Esq., is general counsel to William Penn Association and senior partner of the Pittsburgh law firm of Rothman Gordon Foreman & Groudine, P.C. If you have any topics you would like us to consider for this column, please send them to: Emil W. Herman, Esq., Rothman Gordon, Third Floor, Grant Building, Pittsburgh, PA 15219. Topics will be considered based on space considerations, interest to all readers, and appropriateness for general legal discussions.
