William Penn Life, 1994 (29. évfolyam, 1-12. szám)
1994-10-01 / 10. szám
Page 2, William Penn Life, October 1994 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 E. E. Vargo Editor-in-chief George S. Charles, Jr. Frances A. Furedy Associate Editors John E. Lovász Managing Editor NATIONAL OFFICERS E. E. Vargo National President George S. Charles, Jr. National V.P./Secretary Frances A. Furedy National V.P./Treasurer Robert A. Kapinus Assistant Treasurer BOARD OF DIRECTORS Joseph P. Arvay Chairman Michael J. Hrabar Vice Chairman Roger G. Nagy Vice Chairman Anthony C. Beke Charles S. Fabian Louis A. Fodor Elmer A. Furedy Barbara A. House Michael R. Kara Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr. Frank J. Radvany Secretary of the Board AUDITING COMMITTEE Charles J. Furedy Robert A. Ivancso Co-Chairmen Margaret H. Boso Secretary Dennis A. Chobody Joseph Hamad Ernest J. Mozer, Sr. CONSULTANTS Bruce &. Bruce Company Actuary Horovitz, Rudoy &. Roteman C.P.A. Rothman Gordon Foreman Sc 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 Pittsburgh societies mark 50th year PITTSBURGH — The Fraternal Societies of Greater Pittsburgh (FSGP) will celebrate its 50th anniversary with a banquet on Saturday, Nov. 12, at the Allegheny Club, located in Three Rivers Stadium, Pittsburgh. Dr. John E. Murray Jr., president of Duquesne University in Pittsburgh, will be the keynote speaker for the event. The anniversary celebration will begin at 6:00 p.m. with an international wine tasting party, highlighting the ethnic unity of the FSGP and the 11 different ethnic groups represented by various FSGP member societies. Wines and hors d’oeuvres from various countries will be served until 7:00 p.m. Dignitaries scheduled to attend the banquet include: U.S. Rep. William Coyne (Pa. 14th Dist.); Cynthia Maleski, Pennsylvania Insurance Commissioner; Larry Dunn, Allegheny County Commissioner; Tom Murphy, Mayor of Pittsburgh; and William Eimers, president of the National Fraternal Congress of America. Tickets for the anniversary celebration are $30 per person. For reservations and more information call banquet chairman Joseph Senko at (412)892-2900. Deadline for reservations is Oct. 31. The FSGP is made up of 26 fraternal benefit societies representing more than 1.1 million members. The total insurance in force of the member societies is more than $4.5 billion. Fourteen of the societies have their national headquarters located in the Pittsburgh area, the most of any city in the United States. The first effort to establish an organization uniting the various fraternal societies in Pittsburgh was started in 1943 by Elmer Knodel, an actuary serving several fraternals. He discussed the idea with several fraternal leaders, including Coloman Revesz, then secretary of the Verhovay Aid Association, a forerunner of today’s William Penn Association. Several meetings were held to acquaint fraternal secretaries with problems experienced in other organizations. However, no specific effort to organize on a permanent basis was made. Soon after, the Honorable Francis J. Taptich grasped the potential of a permanent organization and decided to do something about it. After two meetings with organization secretaries, and with their assistance, he organized the group now known as the FSGP. Membership was open to officers of fraternals in the Greater Pittsburgh area and residents of the area who were officers or representatives of fraternal societies domiciled elsewhere. Judge Taptich was elected the first president of the organization and served in the position for two years. The current president is Bohdan Stone. Welcome To Our Fraternal Family JONATHAN FORNATARO DAVID JOHNSON KATHY JOHNSON Branch 352 Coraopolis, PA Branch 18 Lincoln Park, MI Branch 18 Lincoln Park, MI A promise is a promise, sometimes By Emil W. Herman, Esq., General Counsel The last article began a series devoted to consumer protection issues. In that article we discussed plain language legislation being enacted in some states, which requires that many consumer contracts be written in "plain language.” In this article we will address your rights if a new purchase proves defective. Whether it is a food processor, VCR or snow blower, when you purchase that product, you have a certain expectation of how it will perform. When those expectations are not met, either or both the manufacturer or store may have breached a warranty to you. The first place to seek help if a product is defective is the store from which you purchased it, and the manufacturer of the product. If either will accept the product for replacement or refund, although delayed, your expectations may yet be met. If, however, neither will refund your money or replace the item, you may have to consider legal action. The scope of such action will depend in great measure on the value of the product purchased, and the harm that was done because it did not perform properly. Regardless of whether you simply write a letter to the story or manufacturer, or proceed in small claims court, you should understand some of the concepts regarding defective products. The first issue you must evaluate in considering what action to take is how your expectations regarding the product were set. If your expectations are based on the comments of friends, neighbors, magazine articles or endorsements of independent agencies (e.g., "Consumer Reports,” the "Good Housekeeping Seal of Approval”), that may limit your rights against the store or manufacturer. If, however, your expectations were set by review of the advertising and promotional efforts of the store or manufacturer, or from the comments of the salesperson who described the product to you, then the failure of the product to meet your expectations may be actionable. The representation of a manufacturer or salesperson regarding the product being sold is called a warranty, which is, in essence, a promise. If the product does not perform as promised, the warranty is breached. Warranties can be either express or implied. If express, it is specifically stated, either in writing or orally. Express warranties may be found in the product description contained in a newspaper or magazine advertisement, on the product packaging, in the representations of the salesperson promoting the product, or in the representations of the spokesperson in a radio or television commercial. An implied warranty is a promise which is understood, even though not actually stated. The most common implied warranty is the warranty of title. You expect that the person selling you the product actually owns it, and that, once you pay for the product, you will own it. Unless you are buying the product from someone you believe is "shady,” you generally receive an implied warranty of title, regardless of the amount of the purchase and the type of item being purchased. Another implied warranty is of merchantability, and this is the warranty most commonly breached if a product is defective. The warranty of merchantability, at its most basic, is a promise the product will work for a reasonable period of time under reasonable conditions. If the food processor pulverizes everything you insert, the VCR only works on fast forward, or the snow blower won’t remove more than two inches of snow, that product is not merchantable. Most products purchased have an implied warranty of merchantability, unless the product states it is being sold "as is” or the promotional materials claim "all implied warranties are disclaimed” or similar language. Another warranty, either express or implied, is a warranty of fitness for a particular purpose. This warranty can generally only be implied against the seller of the product. You have been given an implied warranty of fitness for a particular purpose if you asked the salesperson for advice, described the circumstances under which you would use the product, admitted your lack of knowledge about the product, and relied on the salesperson’s advice in purchasing the product. The admitted novice cook who asks for a food mixer that will knead bread dough, is seeking a promise that the mixer purchased will be fit for the particular purpose described. If the salesperson advised a certain type of mixer as appropriate for the described task, the salesperson has given a warranty of fitness for a particular purpose. Even if the mixer is fine for cake mixes and cookie dough, if it will not knead bread dough, the warranty has been breached. The above gives you the basics of warranty law. In a future article we will address warranties as they affect automobiles, including "lemon laws” enacted in many states. Emil W. Herman, Esq., is general counsel to William Penn Association and senior partner of the Pittsburgh law firm of Rothman Gordon Foreman & Grouding, P.C.
