See Pa.Senate Leg.J., June 28, 1976, at 1798 (Sen. Zemprelli) ("deals with a matter which . In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. [13] 73 P.S. Does someone who only does a few jobs a year need to register? Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. Pa.R. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. While many lawyers will be spending many hours learning the details of the Act and the interplay between and among its various provisions, we can now report on at least some of the basic details of the Act. This is due to the longer statute of the UTPCPLS (6 years for the unfair trade practices and consumer protection law versus 2 years for breach of contract), and the additional monetary compensation that may be awarded. . In the case sub judice, the denial of appellants' petition to amend their complaint to include an UTPCPL claim has the effect of putting appellants out of court on a cause of action they seek to litigate. Does the law apply to home improvements done on commercial properties? Any claims not filed with the prescribed time period are deemed stale and time-barred. Updated November 5, 2020: Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. 598.440; N.H.Rev.Stat.Ann. This agency investigates consumer complaints and litigates those with merit. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. Inexplicably, the legislature, in enacting the UTPCPL failed to include a statute of repose for either actions for damages or injunctive relief under section 201-9.2. The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. 45.50.481(a)(1) says that the statute does not apply to "an act or transaction regulated under laws administered by the state, by a regulatory board or commission except as 201-2(4)(viii). 335 (E.D.Tenn. 73 P.S. Click here for more information. Unconvinced, the Court stated: Id. Any changes should be reported to the Bureau, including, but not limited to, changes in: The number is 1-888-520-6680. The Act applies to any person who owns and operates a home improvement business or who undertakes offers or agrees to perform any home improvement, including a subcontractor who has contracted with a home improvement retailer to provide home improvement services to the retailers customers. [20] A uniform statute of limitations for the UTPCPL is required to preclude such uncertainty and inconsistency. The law does not dictate where registration numbers must appear, however they must be clearly and conspicuously displayed. This new statute, however, contained no express limitation on actions for fraud and deceit. v. Commonwealth, 58 Pa.Commw. Compare 73 P.S. If the contract includes a time and materials provision: . Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. [5] Thus, although a claim under the UTPCPL brings forth a new cause of action, it also spawns a new statute of limitation period, to be discussed infra. Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. But the Act does not apply to a person for whom the total cash value of all of that persons home improvements is less than $5,000.00 during the previous taxable year. The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. [19] Id. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. Creditors and credit Mixed Alaska Stat. Please contact dedicated home contractor fraud attorney Louis S. Schwartz at CONSUMERLAWPA.com today to learn more about your legal options. tit. 201-2(4)(viii). 326, Art. 276, 513 A.2d 427 (1986) (Unfair Insurance Practices Act); Culbreth v. Lawrence J. Miller, 328 Pa.Super. On July 1, 2009, a new consumer protection law goes into effect. The trial court denied the motion on the grounds that the claim was time-barred by the one-year "catchall" limitation. Generally speaking a down payment of one-third of the total contract price or one-third plus the cost of special ordering materials is appropriate. Do you receive unwanted calls? Id. 517.1, et seq. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? [11] 73 P.S. Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. Section 517.5 - Application fees. 326, 1982 Pa.Laws 1409, 1440. The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). with 15 U.S.C. with 15 U.S.C. For instance, under this state law, only agreements that are in writing are considered legally enforceable. The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. HOA LAWS AND REGULATIONS. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. The law does not address how the balance should be paid. Instead, the UTPCPL creates a civil action which is separate and distinct from appellants' other causes of action and for which the legislature provided no limitations period. It is recommendedthat you carefully review theHome Improvement Consumer Protection Actand consult with a private attorney if you have any questions about the law or need legal advice. The amendment also requires additional written disclosures about the cost of time and materials contracts in the form of a written initial cost estimate and within the actual home improvement contract. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. [1] In its view, appellants' amended cause of action was barred by Pennsylvania's two-year limitations period for fraud,[2] rather than the six-year "catchall" limitation period,[3] since it was the closest analogy for appellants' statutory claims. The Act also prohibits a contractor from changing the contract specifications without a written change order signed by both the owner and contractor. 73 P.S. You need to enable JavaScript to run this app. 586 (E.D.Pa. The plaintiffs in Murry brought suit against a mortgage lender and a subdivision developer for damages sustained as a result of defects in their newly constructed house. Does the law contain a "grandfather" clause for businesses that have been doing work for a long time or do they still need to register? Under the law, a home improvement contractor is defined as: Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. All home improvement contractors must register, with the exception of those performing less than $5,000 of work in a calendar year and retailers with a net worth of $50 million. After registering, a home improvement contractor registration certificate will be issued to the contractor. In addition, in applying for such registration, the applicant must state whether the individuals making the application, even if applying as part of a larger business entity, have ever been convicted of any criminal offense related to a home improvement transaction, fraud, theft, a crime of deception or any crime involving fraudulent business practices, as well as a statement of whether the applicant has ever filed a petition of bankruptcy or, within the last ten years had a final civil judgment entered against the applicant or business in which the applicant held an interest that was related to a home improvement transaction. A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements. While it is rare that the court awards an amount over the actual damages sustained, the threat of this occurring will often help to resolve the case outside of court, as businesses don't want to risk this ruling. 6-13.1-1; S.C.Code Ann. A prerequisite to the prosecution of a private enforcement action under the Unfair Trade Practices and Consumer Protection Law is that the action must come within the protection of the statute. Section 517.8 - Home improvement fraud. [9] That sales of real property *392 would be protected by the UTPCPL is consonant with its broad remedial purposes. Before that, there was no requirement that an agreement for home improvement be in writing. . . to ensure the fairness of market transactions. Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. (xv) (misrepresentation) id. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. In Barr v. General Accident Group Ins. What Is a Pennsylvania Foreign Corporation? 42 P.C.S. All our Thanks and Sincerity", "Dealing with Lou Schwartz has been a seamless experience. All rights reserved. 6 years for contracts3 years for torts2 years for negligence. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. Limitation periods range from six months Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? Cf. Definitions As used in this act. If contractors wish to display it, they may but they are not required to do so. I was pleased with the results and would highly recommend his service to anyone seeking consumer help. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. . . . 517.1 et. II, 201, 42 P.C.S. four-year limitation). v. On August 25, 1982, appellants filed a complaint alleging, inter alia, causes of action for breach of the implied warranty of merchantability, breach of contract, and fraudulent misrepresentation. You already receive all suggested Justia Opinion Summary Newsletters. Section 517.8 - Home improvement fraud (a) Offense defined.-- A person commits the offense of home improvement fraud if, with intent to defraud or injure anyone or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Corp. v. Commonwealth, 44 Pa.Commw. 2725(a) (U.C.C. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services.3 min read. The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. What information is required to register? We agree, but base our conclusion on the more solid ground of the UTPCPL itself. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. How should I list the Bureau of Consumer Protection's phone number in my contracts? [22] See supra notes 10-17 and accompanying text. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. [17] Id. 714.16(1)(b); Kan.Stat.Ann. (3) A confession of judgment clause. property, tangible or intangible, real, personal or mixed. It must be noted that the definition of home improvement fraud is more extensive than noted above, but cannot be cited fully due to the confines of space. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. Contractors can register by online or by sending in the registration form. 170, 427 A.2d 730 (1981); Safeguard Inv. Furthermore, these written agreements must contain the entirety of the agreement reached by the homeowner and the contractor in question. Political subdivisions in Pennsylvania cannot separately license or register home improvement contractors after July 1, 2009, with the limited exception of licensing standards that are in effect on July 1, 2009, with respect to electricians, plumbers and other trades where licensing is conditioned on requirements of testing or possession of certificates obtained through specific training in electricity, plumbing or other trades. 44-1521; Colo.Rev.Stat.Ann. The defendant in that case argued that the treble damages provision of the statute was analogous to a penalty and that therefore the one-year statute of limitations for "an action of proceeding . Please note that this exception is limited to emergencies meeting the criteria set forth in Section 201-7 of the Unfair Trade Practices and Consumer Protection Law and the contractor must obtain the emergency waiver required by the law in each case. HICPA's protections also extend to more than a person's residence. Id. Thus, if a six-year statute of limitation is allowable for UTPCPL claims, appellants' claim for treble damages and reasonable attorney's fees, although under UTPCPL, would justify an amended complaint pursuant to section 201-9.2(a) of the statute: Thus, while appellants would not technically be out of court because the claims for fraud and breach of contract and warranty were timely filed, the de facto result would be that appellants would be precluded from seeking recovery of damages and attorney's fees to which they may be entitled under the UTPCPL. Sign up for our free summaries and get the latest delivered directly to you. 5525(8) (four year limitation); 13 P.C.S. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. Yes. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. Id. Section 517.4 - Procedures for registration as a contractor. You must include the abbreviation PAand the number assigned to you (example: PA123456). Pennsylvania Criminal Statute of Limitations After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . A person for whom the total cash value of all of that persons home improvements is less than $5,000 during the previous taxable year. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. 201-2(4)(v) (deceptive marketing of goods, services or business); id. 45(a)(1). Meanwhile, Pennsylvania home improvement contractors should consult with their legal counsel before July 1, 2009 to ensure that they are in compliance with the Act prior to its effective date. Section 517.3 - Registration of contractors. The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. Seeking to amend their complaint to include an action under the Consumer Fraud Act in addition to their common law fraud claim, the plaintiffs argued that Arizona's three-year statute of limitations for fraud should apply. While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. We now turn our attention to the important question of the appropriate statute of limitations for private enforcement actions brought under the UTPCPL. 717-787-3391. All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above. What needs to be in contracts for home improvements? Found in 47 USC 227, the Act prevents creditors and collection agencies from contacting consumers by phone using autodial and pre-recorded messages without the consumer's prior express consent. Fasey Real Estate and Brian P. Cleere. [10] 73 P.S. For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. 3 years for contracts2 years for torts. Under the Home Improvement Consumer Protection Act, every contract for home improvements needs to be written, legible and signed by the consumer and the contractor (or their representatives). 5, 213; Md.Com.Law Code Ann. 553, 559, 382 A.2d 762, 765 (1978). ." Once again, you are amazing! I am in your debt for this and will always be grateful for your service", 1500 John F Kennedy Blvd., Suite 1825 Philadelphia, PA 19102. The term home improvement is broadly defined to include most repair, replacement, remodeling, demolition, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation and sandblasting work done in connection with land or a portion of land adjacent to a private residence, so long as the total cash price of all work agreed upon between the contractor and owner is more than $500.00. The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvanias General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. Please remember to fill in the security code. You and your office staff are the "Creme de la Creme" of legal knowledge. Only the first 5 bills are included here. [2] Section 5524(7) of the Judicial Code, as amended 1982, sec. and are discussed and interpreted by Pennsylvania courts. At the very least, these contracts must include the following information: Home contractors who fail to comply with these rules can be held liable if their actions resulted in harm to a homeowner, so if you recently entered into an agreement with a contractor and believe that you were taken advantage of, you should call an experienced attorney who can explain your legal options. 30-14-102; Neb.Rev.Stat. Where should I put my registration number in my advertisements and contracts? We are experienced in handling a variety of Consumer Protection cases. Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. 5527(6), applies. 646.605; R.I.Gen.Laws Ann. . The act also requires all contracts for home improvements of more than $500 to be in writing and be signed by the consumer and the contractor. 1921(b). The law requires registration numbers in any advertisements used by contractors. How is emergency work handled under the Home Improvement Consumer Protection Act? If you continue to experience difficulties using our search function, please call 1-888-520-6680. Yes. Id. pennsylvania cash consumer protection act pennsylvania cash consumer protection act (No Ratings Yet) . On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. 50-624(g); Ky.Rev.Stat. You're all set! Barr, supra, 520 A.2d at 490. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. [9] The Unfair Trade Practices and Consumer Protection Laws of at least twenty-nine other states also apply to real estate transactions. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 462, 329 A.2d 812, 817-18 (1974) (the UPTCLP "has regularly been interpreted. (B) That the cost of the services to be performed under the time and materials provision may not exceed 10% above the dollar value indicated in the initial cost estimate. In the case sub judice, *393 the trial court reasoned that such actions were governed by the two-year limitations period for actions for fraud and deceit: By contrast, a federal district court sitting in Pennsylvania applied a one-year limitation period to a trade disparagement claim brought under the UTPCPL. . for those of another"). Five years pass, and the lender wants to collect his money. Awards may also include things such as reimbursement of court and attorney fees. Do you need legal help with Pennsylvania unfair trade practices and consumer protection law? . This approach, however, yielded inconsistent determinations. C.P. Bob and I were truly confident you would put us on the right path. UpCounsel accepts only the top 5 percent of lawyers to its site. 20, P.L. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Is new home building included in the law? Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. In such a case, while the subcontractor who installs materials bought from the large retailer will be governed by the Act, the large retailer, in most particulars, will not be. Home improvement contractors would be well advised to consult with counsel regarding their legal rights and prohibitions prior to the July 1st effective date of the new Act. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). Jurisdiction is relinquished. At the courts discretion, individuals can be awarded up to three times the amount of the economic loss sustained, or "treble." 2011 -2019.2 A powerful weapon; Used to protect consumers from "advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. 3101, et seq. . In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. While the UTPCPL governs only Pennsylvania businesses, the Supreme Court recently ruled that it does also apply to acts of Pennsylvania-based companies, even if these acts happen outside of Pennsylvania. The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. (xvi). (xiv). 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. The Arizona Supreme Court affirmed. See Zerpol Corp. v. DMP Corp., 561 F. Supp. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. Act of March 27, 1713, 1 Sm.L. Specifically, under HICPA, a contractor is anyone who undertakes or agrees to perform home improvement work, including: Improvement. 13-101 & 102; Mass.Code Ann. Del Turco v. Peoples Home Savings Ass'n., 329 Pa.Super. (CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. Residential real estate is almost always a consumer's largest single purchase. For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. The premises were previously owned by appellee. The essence of appellants' assertions were that the existence of the defects constituted a breach of the agreement of sale and that appellee falsely represented the quality of the premises and failed to disclose the existence of the defects. In addition, the Federal Trade Commission has invoked jurisdiction over real estate sales transactions. Home improvement contractor registrations are valid for two years, and must be renewed biennially. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. 4. For example: one of the parties to a simple loan transaction is sixteen years of age at the time that she loans fifty dollars to her friend who is nineteen. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. Serv. 201-2(4)(ii) (confusion as to commercial source); id. Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern homeowners' associations, condominiums, and other residential properties in Pennsylvania.. Pennsylvania Uniform Condominium Act (UCA), Pa. Cons. This would need to be pursued directly with a civil case. Want High Quality, Transparent, and Affordable Legal Services? 121 1/2, 261; Iowa Code Ann. Subsequently, on July 28, 1986, appellants filed a petition for leave to amend their complaint in order to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law. However, under state law, these types of provisions are only enforceable if: In some cases, an entire contract can be voided if a contractor includes certain language in the agreement. (vi) and (vii) (marketing of altered or inferior goods); id. 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Do not need to be performed under Pennsylvanias Plant Pest Act do not need register. Can file a civil case contains prohibited terms, JJ v. Graham,... Both remedial and penal, the court emphasized: id and your office staff are the `` Creme la! More than a person & # x27 ; s Unfair Trade Practices and Consumer Protection Act the total is! Contract price or one-third plus the cost of special ordering materials is appropriate a variety of Consumer law... The purpose of the Pennsylvania legislature passed the home improvement be in contracts for home improvement contractor certificate! Agreements must contain the entirety of the appropriate statute of limitations for the of... Experienced in handling a variety of Consumer Protection Act protect consumers and purchasers of household goods and services (! Be in writing issued to the important question of the UTPCPL is equally applicable rather than the two-year statute fraud. Period specifically for fraud seeking Consumer help ] a uniform statute of limitations for private enforcement actions under... See, pennsylvania home improvement consumer protection act statute of limitations, Klotz v. Underwood, 563 F. Supp get a and... ; 13 P.C.S dealerships, or the victim can file a civil claim enable to! 1974 ) ] the Unfair Trade Practices and Consumer Protection cases things such as reimbursement court... Of the total price is more than a person & # x27 ; residence... A variety of Consumer Protection Act affect the licensing or registration of home improvement contractor number prohibited from offering performing! Origin ) Compare id 450, 467, 329 A.2d 812, 820 1974! Complaints and litigates those with merit Swing Agency, Inc., 459 Pa. 450, 467, 329.. & # x27 ; s protections also extend to more than a person #!