Hart of the Issue: April 2025

Posted on April 2, 2025 by The Dunmorean

As expected, I’ve been receiving a lot of calls lately from friends, family, and clients who are all sharing in the same sticker shock when opening their mailboxes over the past few weeks. If you’ve opened an envelope with the Lackawanna County Seal and “NOTICE OF TENTATIVE ASSESSMENT CHANGE” in bold, all caps, you know exactly what I mean. Your heart might have dropped, wondering how to determine whether they’re good or bad, so I want to take a moment to explain why this is happening and what you should do.

First and foremost, don’t panic. The most important thing to ask yourself is, “If I wanted to sell my property today, is this how much I would sell it for?” Regardless of what your new assessed value says, it doesn’t give any real indication of whether your taxes will go up or down. So, for now, take a deep breath. We’ll get through this together, and here’s why.

Assessed Value vs. Fair Market Value

To understand what’s happening, let’s clarify some key terms.
– Assessed value is the valuation assigned to your property by the county’s assessment office for the purpose of taxation. It’s often based on various property characteristics like size, location, and condition. However, it doesn’t reflect the actual amount you’d get if you were to sell your property today.
– Fair market value, on the other hand, is the price at which your property would sell on the open market.
With the recent reassessment, the goal is to bring the assessed value closer to your property’s actual fair market value, reflecting what it would realistically sell for in today’s market.

What is the Common Level Ratio (CLR)?

The Common Level Ratio (CLR) is a critical concept when discussing property assessments. It is a calculation that compares the assessed value of a property to its fair market value. The CLR helps determine whether properties are being assessed accurately and uniformly across a county.

If the CLR is 1.0, it indicates that assessed values match market values. However, when the CLR is higher than 1.0, it means that assessed values are lower than the market value.
In Lackawanna County, the CLR is currently set at 16.13, which is significantly higher than the state average of 4.71. This discrepancy is the result of not having a reassessment since 1968, leading to outdated assessments that no longer reflect current property values. This reassessment is being done to bring the CLR closer to a fairer, more accurate measurement of market values.

Millage Rates & Property Taxes

Millage rates determine the amount of tax owed per $1,000 of assessed value. Following a reassessment, these rates are adjusted to maintain revenue neutrality, ensuring total tax collections remain consistent. Therefore, even with higher assessed values, many property owners may not experience substantial increases in tax bills.

The Reassessment Process

The reassessment process started in 2022 when Lackawanna County commissioners hired Tyler Technologies to update the property values. This reassessment is based on fair market values, meaning the county is now looking at what your property would actually sell for if it were on the market today. Property owners who feel their new assessments are incorrect can challenge them through an appeals process. This is an important step, and the county has set up a way for you to file informal reviews and formal appeals to make sure your assessment is accurate.

What Can I Do If My Value Seems Wrong?

You have the right to question, challenge, and appeal your new value.

Step 1: Review Your Assessment Notice

· Is your square footage accurate?

· Is the number of bedrooms/bathrooms correct?

· Is the market value reasonable for your area?

Step 2: Informal Review with Tyler

You can request a one-on-one review with the company that assessed your property. Bring documents and questions — but know that this step is optional and often limited in scope.

Step 3: Formal Appeal with the County

If you still disagree, you can file a formal appeal with the Lackawanna County Board of Assessment Appeals. This is where having legal representation can make a big difference.

Final Thoughts
This reassessment is not about raising taxes. It’s about ensuring fairness by aligning property assessments with their true market values. As you review your tentative assessment, remember that it doesn’t necessarily reflect your future tax bill. The county’s goal is to correct decades of outdated assessments and give us all a clearer, more accurate view of our property’s value.
So, while the new numbers might be shocking, they’re just part of the larger process of ensuring that everyone pays their fair share based on the current market value of their properties. Don’t worry about taxes going up just yet. The key thing is that this reassessment helps ensure a more accurate, equitable property tax system for the future.
If you have any concerns about your new assessments or would like assistance in reviewing your property’s value, feel free to reach out. Let’s navigate this process together. While this reassessment brings new values, you have the same rights. “Be smart. Call Hart.”

Hart of the Issue: March 2025

Posted on March 5, 2025 by The Dunmorean

Flight interruptions, cancellations, and delays are, unfortunately, common occurrences in the world of air travel. Whether it’s a weather-related issue, a mechanical problem, or crew shortages, dealing with these disruptions can be frustrating, especially when it impacts your schedule, your comfort, and sometimes even your finances.

In recent years, airlines have been forced to adopt more passenger-friendly policies, and the law has been updated to reflect these changes, giving flyers more rights than ever before–save some deceptive practices that airlines utilize to skirt these rights that I recently uncovered during my travels. Understanding how to handle these situations and knowing your rights is crucial. Below are some tips for managing flight interruptions and what you should do to ensure you receive compensation or reimbursement when it’s warranted.

Airline Policies on Flight Delays and Cancellations

Most airlines have policies that distinguish between weather-related disruptions and operational issues. The key difference lies in whether the airline is required to provide compensation for the inconvenience caused to the passenger.

Weather-Related Delays/Cancellations: If the delay or cancellation is due to weather conditions, such as snow, fog, or thunderstorms, airlines are generally not required to provide compensation. This is considered an “Act of God” situation where the airline is not at fault, and passengers are typically responsible for covering any additional expenses, including hotel stays, meals, and transportation.

Operational Issues: On the other hand, if the delay or cancellation is due to operational reasons—such as a mechanical failure, a crew shortage, or even a flight crew member being “timed out” under FAA regulations—the airline may be required to compensate passengers. For example, if the airline has to cancel or delay a flight due to crew rest requirements or a plane malfunction, they may offer compensation for meals, hotels, or even reimburse transportation costs according to their own policies.

For example, here is American Airlines policy found under their ‘Conditions of Carriage’ landing page on their website (aa.com) which was last updated January 22, 2025.

Delays caused by us

“If the disruption is our fault or you’re diverted to another city, and we don’t board before 11:59 p.m. local time on your scheduled arrival day, we’ll arrange an overnight stay or cover the cost of an approved hotel with available rooms if you’re away from your city of residence. We don’t guarantee reimbursement for hotel expenses if you book directly without written authorization from American Airlines.”

A Personal Experience with American Airlines

Let me share my recent experience with American Airlines to highlight how this process works in practice and to demonstrate how important it is to know your rights.

I was traveling from Key West to Avoca with a layover in Philadelphia. After we boarded the plane and sat on the tarmac for an extended period, we were deboarded, and the airline told us it was due to weather conditions in Philadelphia. However, it just so happened that I had a colleague in Tampa who was also flying to Philly at the same time, and his flight went ahead as scheduled. This raised a red flag for me.

When we were deboarded, a flight attendant handed us a piece of paper with a website and an 1-800-number to call for rebooking arrangements. This was done intentionally, without much fanfare, likely to get everyone to make their own changes without asking questions. The flight crew didn’t explain the process clearly, as I later found out why.

It was also disheartening to overhear a couple on the escalator saying they were just going to spend the night in the airport, unaware of any other course of redress or how to go about making changes to their flight.

I immediately contacted the American Airlines hotline to inquire about different arrangements. A phone representative immediately found me another flight home on Wednesday morning, one which involved two layovers. Did I mention it was currently Sunday when this all transpired? While the rep was looking for even more lackluster options for me I asked if she had any information on my current flight that was, at the moment, delayed. Surprisingly, the representative informed me that my delay was not weather-related, which contradicted what the captain had stated. This prompted me to dig deeper into the situation and research airline policies further.

New Laws Granting Flyers the Right to Refunds

One of the most important updates in air travel law last year was a change in refund policies. If your flight is delayed or canceled, you are now entitled to a refund if you decide not to take an alternative flight, regardless of whether the reason for the delay is weather-related or operational. Previously, refunds were often denied for weather-related disruptions, but now passengers have the right to ask for a full refund in such cases.

It’s also worth noting that airlines are supposed to be more transparent about how and when they will offer compensation for delayed flights. When airlines fail to meet certain standards (e.g., if a flight is delayed for more than 3 hours), they are required to offer compensation, and in some instances you are entitled to a meal voucher, hotel accommodations, or other services.

Navigating the Claims Process

After learning about the discrepancy between American Airlines’ explanation of the delay and the official policy, I went to the baggage check to verify if they would honor their policy. To my surprise, the representative didn’t seem to want to entertain this concept.

First, after I explained that I had learned from a representative on the phone that the flight wasn’t delayed or canceled due to the weather, this rep at baggage check stated that it was due to the weather. Then I informed her about my friend flying out of Tampa to Philly on time, and the rep tried to say that that is different because he was in Tampa.

Then after pointing out her skewed logic on that excuse, (the alleged issue was weather in Philly; not Key West or Tampa) I flatly asked if she could confirm, in writing, that the delay was caused solely by weather. This of course, she would not do. Then, I asked again if American Airlines would honor their policy. That’s when she advised me to save all receipts and submit a claim through the airline’s website and the airline would reimburse my expenses for a hotel, transportation and meal(s).

This brings me to another important tip: when you’re dealing with delays and cancellations, make sure you use services that allow you to easily obtain receipts. For example:

Transportation: Use services like Uber or Lyft instead of taxis. These platforms provide digital receipts immediately, which you can easily submit to the airline when making your claim.
Meals: Consider ordering from delivery services like DoorDash. These apps allow you to track and retain your receipt digitally, ensuring you don’t lose it when making your reimbursement request.
Hotels: Always ensure that the hotel emails you a receipt at the end of your stay. If you have a printed receipt, snap a photo just in case.

These simple steps make the reimbursement process much easier, especially when airlines request documentation to support your claim.

A Lack of Legal Duty to Tell the Truth

Here’s the kicker: Airlines have no legal obligation to tell passengers the truth about delays and cancellations. If I, as a lawyer, were caught lying or misrepresenting facts to my clients, I’d be disbarred. Yet, airlines seem to operate under a different set of rules. In this case, the captain falsely claimed that our delay was due to weather, and the hotline representative gave conflicting information. Lastly, the rep at the baggage check-in was deflecting to admit or deny anything at all.

If airlines were held to the same standards as lawyers or other professionals, passengers would be treated with more honesty and transparency. Unfortunately, in the world of air travel, they often get away with misleading passengers to limit their own liability and avoid providing compensation. Heck, I would settle for them to be held to simple consumer standards… what happened to the customer is always right?

Final Thoughts on Flight Interruptions

Flight interruptions are stressful, but knowing your rights and being proactive can help you navigate the situation more effectively. If your flight is delayed or canceled, be sure to ask the airline if the issue is operational or weather-related, as this will determine whether you’ve got a chance at getting reimbursed for your troubles. (provided they tell the truth).

Don’t hesitate to ask for vouchers or alternative arrangements, and remember to save receipts to make sure you can get reimbursed for additional expenses. Finally, always take the time to do your research—knowing the rules and your rights could make all the difference in ensuring a smooth resolution.

So where does my claim stand? I submitted everything via their online form, and actually received an email correspondence from a customer’s relation agent. It read as follows:

“I am sincerely sorry to hear about your recent experience. At American Airlines, our goal is to provide dependable and on-time services, and we apologize this was not the case during your recent trip. Your feedback is critical to improving our service, and I assure you that your detailed insights have been made available to our leadership team for further review. We’re committed to delivering the world-class customer experience you deserve and expect.

Your business as an AAdvantage® member is invaluable to us, and we look forward to another chance to restore your confidence. As a tangible way to express our apologies, I’ve added miles to your AAdvantage® account. These miles will be visible within 24 hours.

On behalf of the entire American Airlines team, thank you for flying with us. We look forward to welcoming you on board another American Airlines flight soon.”

So my claim has been escalated to their leadership team for further review. And they apparently gave me some miles but it hasn’t been 24 hours yet so I cannot confirm or deny that they’re actually there. I’ll report back with an update on how this claim goes. Until then, I will continue to fight for our rights as air travelers in a not-so-ideal system.

Hart of the Issue: February 2025

Posted on February 5, 2025 by The Dunmorean

By John M. Hart III, Esq.

As winter settles in, especially in places like Northeastern Pennsylvania, snow, ice, and frigid temperatures bring both beauty and danger. With every winter season, the threat of winter storms looms, and property owners, businesses, and drivers all face the same question: who is responsible if someone is injured due to the hazardous conditions these storms create?

In Northeastern PA, where winter weather is often harsher than in many other parts of the state, the importance of understanding liability during winter storms cannot be overstated. It’s an issue that resurfaces each year but feels especially relevant this winter, which has proven to be harsher than the recent years.

Premises Liability: Who’s Responsible for Snow and Ice?

When a winter storm strikes, property owners are required to take reasonable steps to keep their premises safe. This includes clearing snow and ice from walkways, driveways, and parking lots. In Pennsylvania, a property owner has an obligation to maintain their property in a reasonably safe condition to prevent injuries.

However, this doesn’t mean that property owners are always liable for injuries that occur due to snow and ice. In many cases, courts have ruled that property owners aren’t responsible for injuries caused by “natural accumulations” of snow and ice. This means if a storm is still in progress or if there hasn’t been enough time for the property owner to clear the snow or ice, they may not be held liable.

But here’s where things get tricky: once a reasonable amount of time has passed after a storm, property owners are expected to have cleared their property of hazardous conditions. The longer it takes to clear an area, the more likely it is that a property owner will be held liable for any injuries that occur.

This becomes particularly significant in a year like this one, where the severity of the winter storms has made it even harder for property owners to stay on top of the cleanup. Slippery sidewalks, ice-covered driveways, and snowdrifts are all common hazards that can lead to accidents—and when they occur, questions about liability arise.

Trust me, I know—there’s often nothing more inviting than sitting inside my warm house, in my favorite sweats by the fireplace, watching a movie, and looking out the window at the picturesque snow falling. It’s all peaceful and serene… until the realization sinks in that I’ll have to get out there and shovel it soon.

Then it becomes a waiting game. I’m watching out the window, hoping my brother-in-law, who lives next door, will beat me to it and shovel the walks. I’m pretty sure he’s watching the same thing, waiting for me to get out there first. It’s like an unspoken competition between us, one that we both secretly know will eventually end in each of us trudging out there to clear the snow.

Of course, the one who ends up shoveling may be the one most worried about liability after someone slips and falls on a poorly cleared sidewalk. Keeping those walkways clear not only prevents injuries but also keeps us from getting into trouble down the line. It’s a small task with big legal implications.

Winter Weather Accumulation and Your Home

While you’re busy shoveling the sidewalks, it’s also essential to remember that the winter weather can affect more than just the walkways. As snow accumulates and ice builds up on your roof, gutters, and foundation, it’s important to conduct periodic inspections of your home. Ice buildups and excessive snow can cause significant damage, leading to leaks, roof damage, or even structural issues in extreme cases.

What many homeowners don’t realize is that if damage occurs from snow or ice accumulation and the homeowner hasn’t properly maintained their property, their homeowner’s insurance might deny claims based on exclusions in their policy. Insurance companies often have specific clauses regarding maintenance and preventive measures, so if the damage is deemed avoidable and the property wasn’t properly maintained, claims could be denied.

So, while you’re out there shoveling, take the extra time to inspect your roof, gutters, foundation, and any other areas where winter accumulation might cause damage. A quick check could save you from costly repairs later and ensure that your property is protected.

Driver Liability During Winter Storms

The responsibilities of property owners aren’t the only ones in question during the winter months. Drivers too face liability concerns when road conditions are dangerous due to a winter storm. In Pennsylvania, drivers are expected to adjust their driving to the conditions of the road. This means slowing down, maintaining a safe following distance, and being prepared for sudden stops.

If a driver fails to adjust their driving to winter conditions and causes an accident, they may be held liable for damages. The icy roads and visibility issues caused by snowstorms can make driving more dangerous, but drivers are still expected to take the necessary precautions to avoid accidents.

In a year with harsher-than-usual winter weather, like this one, drivers face an increased risk of accidents. The combination of snow, ice, and even freezing rain can make roads treacherous, and unfortunately, not all drivers are prepared for the severity of these conditions.

Insurance and Liability: Protection During Winter Storms

For both property owners and drivers, winter storms often lead to a rise in insurance claims. Whether it’s a slip-and-fall accident due to untreated ice on a sidewalk or a car accident caused by poor road conditions, liability can be mitigated by insurance coverage.

For property owners, having the right type of liability insurance can protect them from claims related to accidents on their property due to hazardous winter conditions. Similarly, drivers are advised to carry comprehensive and collision insurance, which can help cover damages if they’re involved in an accident caused by snow or ice.

As we’ve seen this year, with the harsher-than-usual winter conditions in Northeastern PA, it’s even more important for individuals and businesses to be prepared. Checking insurance coverage and ensuring that snow removal plans are in place are crucial steps in reducing the risk of liability.

Conclusion: A Yearly Issue That Demands Attention

Winter storms and the potential for accidents due to snow and ice are a recurring concern every year, but this winter, with its harsher conditions, brings even greater urgency to the matter. Property owners, businesses, and drivers alike must take extra precautions to avoid injuries and accidents, and in turn, minimize the potential for liability.

Winter weather is unpredictable, but the responsibility for keeping people safe during a winter storm is clear. Property owners and drivers should always be proactive in addressing the hazards posed by snow and ice. Whether through timely snow removal, careful driving, or regular home inspections, taking the right steps today can prevent accidents tomorrow.