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What Should I Expect At My §341 Creditors’ Meeting?
Section 341 of the Bankruptcy Code requires all debtors to appear at a Creditors’ Meeting as one of the first steps in their case. The purpose of the meeting is to give creditors and the Trustee the opportunity to question the debtor about the information included in their statements and...
Read moreDifferences Between Medicare and Medicaid
Whereas both government-funded programs cover medical costs, eligibility for both depends on different criteria. While Medicare is typically reliant on age, Medicaid eligibility is dependent on income. If you currently have coverage through either or are seeking coverage, you may be confused regarding what items each program covers. In this...
Read moreWhat Do Elder Law Lawyers Do?
With 57.8 million adults 65 years of age and older, elder law is an evolving field of practice. In broad terms, elder law encompasses offering legal guidance to senior adults and planning for special needs persons. Described in further detail, the field involves providing long-term care planning, estate planning, fiduciary...
Read moreAttorney Aaron Martin Secures Order Protecting Public’s Right to View Evidence in Federal Case
Attorney Aaron Martin of the Harrisburg law firm of Mette, Evans & Woodside recently secured a court order requiring the public filing of evidence in a civil rights lawsuit brought by a client. Martin’s client is a private citizen who is suing a police officer employed by the City of...
Read moreAttorney Aaron Martin’s First Amendment Win Against Bucks County DA, Gains Recognition
Attorney Aaron Martin of Mette, Evans & Woodside recently secured a permanent injunction on behalf of a client against the District Attorney of Bucks County, Pennsylvania. This case involves the Educator Discipline Act, a state law that controls how the Pennsylvania Department of Education investigates and prosecutes misconduct complaints against...
Read moreAttorney Aaron Martin Secures Permanent Injunction Against Bucks County District Attorney
Attorney Aaron Martin of the Harrisburg law firm of Mette, Evans & Woodside recently secured a permanent injunction on behalf of a client against the District Attorney of Bucks County, Pennsylvania. The injunction protects Mr. Martin’s client from criminal prosecution under a provision of Pennsylvania’s Educator Discipline Act. On January...
Read moreAttorney Thomas Archer Featured in October 27, 2023, Issue of Central Penn Business Journal
Congratulations to Shareholder Tom Archer, who was spotlighted in a recent Central Penn Business Journal issue! Tom earned his undergraduate degree from the University of Scranton in 1990 and his law degree from Widener University School of Law in 1994. Admitted to practice in the Commonwealth of Pennsylvania and the...
Read moreAttorney Thomas Archer Included in the 2024 Edition of The Best Lawyers in America®
August 17, 2023 – HARRISBURG, PA – The law firm of Mette, Evans & Woodside is pleased to announce that Shareholder Tom Archer has been recognized in the milestone 30th edition of The Best Lawyers in America for his exceptional work in Personal Injury Litigation – Plaintiffs. Best Lawyers has...
Read moreSouthern Trust and Arbour National Announce Partnership and Significant Investment to Support Continued Growth
Shared from Business Wire. Mette Evans & Woodside Serves as Counsel to Southern Trust In its Partnership with Arbour National. June 27, 2023 MACON, Ga.–(BUSINESS WIRE)-Southern Trust Insurance, a provider of reliable coverage across the Southeast for over 50 years, today announced the signing of a definitive agreement for a...
Read moreWhat Determines Child Support Payments: A Comprehensive Guide
Calculating how much child support a parent owes is complicated with many moving parts. Understanding who is responsible for collecting support payments and what happens if the parent responsible for paying child support does not fulfill their responsibility are also common questions from both parents. Fortunately, this guide can help...
Read moreHow to Get a Protective Order in PA: A Step-by-Step Guide
You should never have to fear for your safety and face physical, sexual, or emotional abuse from a spouse, partner, or family member alone. If you have been the victim of violence, or abuse, or if you’ve been threatened, you may be able to file for a Protection from Abuse...
Read moreThe Benefits of Divorce Mediation Vs. Litigation
Divorce is a difficult decision, no matter the circumstances. Every divorce is as unique as the individuals involved. Deciding to work with a divorce mediator or take legal action is a personal decision. Let’s cover some of the differences. Keep reading below to learn more about divorce mediation vs. litigation....
Read moreNavigating Child Custody Issues: Tips and Best Practices
If you are in the process of divorce, attempting to negotiate a child custody agreement that is fair for both you and your child can be incredibly stressful, even if you are on good terms with your former spouse. Here’s some advice from the child custody attorney team at Mette,...
Read moreMette, Evans & Woodside Team Observe Wear Blue Day
The team at Mette, Evans & Woodside wore blue today in observance of National Human Trafficking Awareness Day. #WearBlueDay
Read moreA New Year’s Resolution: Estate Planning
Estate planning, despite the growing number of available resources designed to educate and assist the general public with this important process, can still be a very difficult topic to tackle. Whether the resistance is due to the fear of loss of control, the uncertainty of tax consequences, the reluctance to...
Read moreOctober 17, 2022 – October 23, 2022 is National Estate Planning Awareness Week
HARRISBURG, PENNSYLVANIA – More than half of Americans, an estimated 56%, do not have an estate plan in place, making estate planning a critically overlooked component of financial wellness. This creates hardship, financial or otherwise, that can be diminished by advanced planning. National Estate Planning Awareness Week (H. Res. 1499)...
Read moreMette, Evans & Woodside Welcomes 3 New Members
August 30, 2022– HARRISBURG, PA – The law firm of Mette, Evans & Woodside recently announced the addition of two new attorneys to the team in Harrisburg. Hannah White-Gibson and Dominic Giovanniello increase the firm’s presence in the practice areas of Family Law, Mediation, Collaborative Law, Litigation, Real Estate, Business...
Read moreMette, Evans & Woodside Serves As Counsel to Everett Cash Mutual In Insurance Company in its Acquisition of Farm, Ranch, and Esquire Renewal Business
Global Indemnity Group, LLC (NYSE:GBLI) (“GBLI”), recently announced that American Reliable Insurance Company (“ARIC”), a GBLI subsidiary, completed the disposition of ARIC’s Farm, Ranch, and Equine book of renewal business to Everett Cash Mutual. GBLI also announced that it agreed to sell ARIC to Everett Cash Mutual (ECM), which, subject...
Read moreAttorney Aaron Martin Secures Preliminary Injunction Against Pennsylvania Attorney General and York County District Attorney
May 18, 2022 Attorney Aaron Martin, a shareholder in the law firm of Mette, Evans & Woodside based in Harrisburg, PA, recently obtained a preliminary injunction against Pennsylvania Attorney General Josh Shapiro and York County District Attorney David W. Sunday, Jr. The injunction was issued by the U.S. District Court...
Read moreR.E.D. Friday – Supporting our Troops
The staff and some of the attorneys are dressed in red to celebrate R.E.D. Friday, which means “Remember Everyone Deployed.” R.E.D. Friday was created to remind people of our heroes overseas and show that we are thinking of them. People across the country wear red every Friday to serve as...
Read moreJames A. Ulsh Recognized for Professional Excellence
September 3, 2021 – HARRISBURG, PA – The law firm of Mette, Evans & Woodside recently announced that James A. Ulsh has been recognized for his professional excellence in the 28th Edition of the Best Lawyers in America© for his work in Business Organizations – LLCs and Partnerships. He has...
Read moreThomas Archer Recognized by “Best Lawyers in America®”
August 26, 2021 – HARRISBURG, PA – Attorney Thomas A. Archer has been recognized once again in the 28th Edition of The Best Lawyers in America for his high caliber of work in the practice area of Personal Injury Litigation – Plaintiffs. Thomas was also recognized in 2020. For more...
Read moreLove Letters Liability
In a competitive seller’s market, potential buyers can be tempted to use anything to make their offer stand out. One way buyers attempt to set themselves apart is through what the real estate industry calls, love letters. What are buyer love letters? Buyer love letters are letters from potential buyers...
Read moreHave You Properly Planned for Your Digital Assets?
The social distancing, telework, and like effects of the Covid-19 pandemic have only increased our use and reliance on electronic communications and assets. In fact, I think you would be hard-pressed to find an individual who does not own, or at least has not utilized, an iPhone, computer or on-line...
Read moreThe Advantages of Business Entity Conversions
Since July 1, 2015, Pennsylvania businesses have been able to convert from one form to another, with a few simple steps. Before 2015, a business entity that wanted to change its form (such as a general partnership to a limited liability company (LLC)) would have either needed to undergo a...
Read moreAttorney Aaron Martin Secures Dismissal of Charges Against Two Political Protestors in Chester County Prosecution
Attorney Aaron Martin, a shareholder in the law firm of Mette, Evans & Woodside based in Harrisburg, PA, successfully defended two political protestors in a Chester County summary trial held on March 2, 2021. Each client had been charged with illegally protesting in the Borough of West Chester on October...
Read moreAttorney Aaron Martin Secures Rare “Triple Acquittal” for Clients in Bucks County Case
Attorney Aaron Martin, a shareholder in the law firm of Mette, Evans & Woodside based in Harrisburg, PA, successfully defended three clients against summary charges in a Bucks County trial held on January 21, 2021. All three clients were found not guilty of the charged offenses, making the result a...
Read moreMette, Evans & Woodside Welcomes Attorney Ben Ried as Shareholder
The law firm of Mette, Evans & Woodside recently announced that attorney Benjamin A. Ried has joined the firm as a shareholder. Ried has a transactional law practice focusing primarily on representing municipalities, municipal authorities, school districts, and nonprofit corporations to finance and refinance their capital projects. His municipal experience...
Read moreMediation – Sound Legal Guidance for Realtors and Their Clients
James L. Goldsmith, Esquire Most of you have had some experience with the mediation program established by the Pennsylvania Association of Realtors® and invoked in the agreement of sale, most likely from working with a client who initiates mediation or upon whom a request for mediation has been served. Realtors®...
Read moreReal Estate Transaction Dual Agency and the Escalation Clause
By: James L. Goldsmith, Esquire A broker recently called seeking an answer to what he thought was a dilemma created by an in-house transaction in which he was working with the seller and one of his sales agents with the buyer. Yes, that would be dual agency. Not only would...
Read moreReal Estate Seller Disclosure Law
A Checklist of Issues that a Listing Agent Should Review with Their Seller By: James L. Goldsmith, Esquire The disclosure of a home’s material defects didn’t begin with passage of the Real Estate Seller Disclosure Law (“RESDL”). Pennsylvania common law has long required that sellers disclose latent and material defects....
Read moreDeadline Dates and Times Can Impact Real Estate Deals
Does anybody really care what time it is? By: James L. Goldsmith, Esquire You don’t need to be reminded how time-sensitive the business of real estate can be. Timing is not always everything, but it is critical in the executory period that exists between signing an agreement and settlement. A...
Read moreIndependent Contractor Agreement
By: James L. Goldsmith, Esquire Real estate licensees can be transient. When a sales associate moves on, the broker will likely take one of three paths: 1) congratulate and thank the associate and release her listings and buyer agency contracts; 2) go berserk and escort the associate to the door;...
Read moreWhat Workplace Notices To Employees Are Required?
Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) mandate notices be provided to employees and/or posted in the workplace. Posting requirements vary by statute; that is, not all employers are covered by each of the statutes and thus may not be required to post...
Read moreReferral Fee Real Estate – Legal or Illegal?
The answer is simple: it depends “It depends” is the right answer to most questions. Here the question is whether it is legal to give thank you gifts to people who refer buyers and sellers to real estate licensees. The reason I can’t give a straight answer to this simple...
Read moreHerbruck’s Celebrates Groundbreaking!
Herbruck’s Poultry Ranch broke ground on a $100 million cage-free egg-laying facility in Franklin County. The Herbruck’s facility in Montgomery Township will feature 8 barns. Herbruck’s will use an innovative manure handling technology that processes hen litter into organic fertilizer on site, which will reduce odor, eliminate flies and provide...
Read moreCan a Real Estate Agent Sue for Commission?
My mentor and former PAR legal counsel, the late Tom Caldwell, used to caution brokers intent on suing clients for fees by asking that. The clear message is that when you sue for a fee, the client is going to bite by claiming that no fee was owed because of...
Read moreUnderstanding Pennsylvania’s Broker Lien Law
By: James L. Goldsmith, Esquire A majority of states, including Pennsylvania, have enacted broker lien laws that enable real estate brokers to file liens on commercial property in the full amount of their Pennsylvania real estate commission. There are prerequisites to be satisfied before a broker’s lien can be asserted:...
Read moreTaking Real Estate Cases To Magisterial District Courts
By: James L. Goldsmith, Esquire The magisterial district courts are the small claims courts of Pennsylvania. The magisterial district justices (MDJs) are the small claims judges. It is within their jurisdiction to conduct preliminary hearings in criminal matters where the only issue is whether there is sufficient evidence to send...
Read moreHow Long to Return Deposits?
By: James L. Goldsmith, Esq. As a broker holding a deposit, how long should it take you to return it pursuant to the terms of a release signed by both parties or when sufficient time has passed (the 180 days or whatever it has been reduced to) and not litigation/mediation...
Read moreUntimely Repairs
PART ONE By: James L. Goldsmith, Esq. It happens. Sellers agree to make repairs suggested by a home inspection, but fail to complete the job timely. When this happens a buyer is faced, unfairly, with proceeding under a contingent plan (e.g., having repairs made post-settlement or taking cash in lieu...
Read moreAttend Inspections
PART TWO By: James L. Goldsmith, Esq. Who, if anyone, should attend home inspections has been a topic of debate for as long as home inspections have been a standard element in a residential transaction. Year ago when the topic came up at an NAR meeting of attorneys who represented...
Read moreUntangling Joint Ownership of Real Estate
By: Ronald L. Finck, Esq. It is not uncommon in the farm community for real estate to be owned jointly by two or more owners. Many times, parents will transfer their real estate to more than one child as part of their estate and farm succession plan. Joint ownership of...
Read moreMatthew D. Coble Joins Mette, Evans & Woodside
Mette, Evans & Woodside announced that attorney Matt Coble has joined the firm as shareholder. Matt represents insurance companies, fraternal benefit societies, insurance producers (individuals and agents), reinsurers, third party administrators, and others in connection with various insurance regulatory, transactional, and litigation matters. In connection with his insurance industry related...
Read moreWhat if?
By: James L. Goldsmith, Esq. These two words are the start of many questions by those who draft contracts, including agreements for the sale of real estate. Consider Paragraph 18 of the PAR standard agreement entitled Maintenance and Risk of Loss. This paragraph was borne of the following “what ifs?”...
Read moreWorking Outside of the Box
Brokers Need to be Aware of Potential Risk When Real Estate Salespeople Have Second Jobs Real estate salespersons often have second jobs. Should a broker care? All in unison: “it depends.” Issues relating to profitability and productivity of a salesperson aside, a broker has reason to be concerned when a...
Read moreWorking Inside the Box – Establishing the Box
Real Estate Sales People Need to Understand Their Broker Agreement What is your agreement with your broker? A recurring question to the Hotline is “what is my broker’s obligation to pay me when I have pending transactions at the time I affiliate with a new broker?” There are many similar...
Read moreMediation Regarding Residential Agreements of Sale – Is it Binding?
The standard residential agreements of sale mandate that buyers and sellers “will submit all disputes” arising from those agreements to mediation. Equally clear is the requirement that mediation “be concluded before any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons...
Read moreHow Can an Organization Manage the Risk of a Cyberattack?
The threat of a cyberattack is the sort of thing that keeps business owners up at night. Having an appropriate plan in place is critical to managing an organization’s response to a cyberattack. An organization will want to both manage risk before a security incident occurs, and mitigate risk afterward....
Read moreDeposits – Too Little, Too Late
Real Estate Purchase Deposits To state that the typical deposit is too low an amount and that it is paid later than should be is not an overstatement. The purchase deposit, which is referred to as “initial deposit” in the Agreement of Sale, is paid within five days of execution....
Read moreAre Emotional Support Animals Permitted in a “No Pets Allowed” Property?
It can be a familiar prohibition in condominium complexes and rental properties: NO PETS ALLOWED. Does that include an emotional support animal? The federal Fair Housing Act enlarges the definition of assistance animal to include “emotional support animals,” which it considers to be a reasonable accommodation. An emotional support animal...
Read moreFor Sale By Owner and the Statement of Estimated Costs
What happens when a For Sale By Owner (FSBO) freaks out at settlement when she learns for the first time that she is paying seller assist and that the proceeds are less than she anticipated? She goes hunting, that’s what. Who is the likely target? By definition, a FSBO is...
Read moreGetting Creative
By James L. Goldsmith, Esquire The most dangerous clause in the_Standard Agreement for the Sale of Real Estate (ASR)is found in our current Paragraph 32(B), Additional Terms. Here’s where agents can let loose with the most creative use of the pen imaginable! A problem is, that when these works of...
Read moreFessing Up
Recommendations On How Agents Should Handle Missed Agreement Deadlines by James L. Goldsmith, Esquire Of the common mistakes in residential sales, none occurs more frequently than the failure to abide by timelines, specifically those found in the inspection contingencies. If there is a time limit, someone will miss it. In...
Read moreDoes An Employer Have To Pay Hourly Employees For Commuting To Work In A Company Vehicle?
By Kathryn Lease Simpson, Esq. A: Not necessarily. Two provisions of the Fair Labor Standards Act (FLSA), that otherwise appear simple, create confusion. The first, employers do not have to pay their hourly employees for an ordinary commute to and from work. This is true even if an employee reports...
Read moreWhat’s the Biggest Mistake a Licensed Professional Can Make, When Faced with a State Board Investigation Notice?
By: James Goldsmith. Esq. Responding on your own to a licensing investigation or meeting with the board investigator, without legal representation, is one of the biggest mistakes a licensed professional can make when faced with an investigation notice from the state board. If you receive an investigation notice from the...
Read moreSelling Real Estate in an Era of Modern Surveilling
By: James L. Goldsmith, Esq. You either have firsthand experience or have heard stories of how modern surveillance techniques are entwined in the sale of real estate. Baby cameras, pet monitoring applications, security systems, and other surveillance equipment with varying degrees of technological and recording capabilities are now common features...
Read moreA Tip from the West?
by James L. Goldsmith, Esq. Timely tender of deposit checks is a growing problem that did not exist when offers and deposit checks were hand delivered. Now, deposit checks follow an offer’s acceptance by a handful of days. Further, a typical agreement includes a checkmark in Paragraph 26(G) limiting the...
Read moreA Question of Coverage
by James L. Goldsmith, Esq. Mistakes happen. Consider the case of listing agent Robert. Robert happened to be on vacation when he received an offer at list price. He reviewed the standard form on his cell phone and reported to the sellers that it looked great. The agreement was executed...
Read moreMette, Evans & Woodside Teams Up With RSVP for Children’s Book Drive
Firm’s Third Annual Book Drive Is Expected To Collect Thousands Of Books Harrisburg, PA – Mette, Evans & Woodside is partnering with RSVP of the Capital Region for their annual children’s book collection drive. Collection of new and gently used books for children ages 4 to 12 will begin on...
Read moreSimpson to Serve on ‘PA Coalition Against Rape’ Board of Directors
Organization Advocates to Eliminate Sexual Violence Mette, Evans & Woodside attorney Kathryn L. Simpson was recently appointed to the Pennsylvania Coalition Against Rape Board of Directors. Founded in 1975, the mission of the Pennsylvania Coalition Against Rape (PCAR) is to work to end sexual violence and advocate for the rights...
Read moreThe Superior Court Recently Ruled on Two Issues Under the Real Estate Seller Disclosure Law that Realtors® Should be Aware of
The first question decided by the court was whether the seller was liable for failing to deliver a Property Disclosure Statement, where the agreement included an “as is” clause. The second question was what constitutes “actual damages” as the term is used in the Real Estate Seller Disclosure Law (RESDL)...
Read moreVituperativeness: Is There Ever a Reason?
By: James L. Goldsmith, Esq. My wife and I were recently sharing a farewell dinner with a couple moving from the mid-state. Their home was sold and packed. They were letting down their hair after a week that was particularly demanding, both physically and mentally. The wife of this couple,...
Read moreExpletive Deleted
By James L. Goldsmith, Esq. In news and other articles, another’s profanity is frequently replaced with “expletive deleted.” Some use the term in self-censorship. More often, we just let the expletives fly. At that moment it might feel quite good to do so; upon reflection, not so good. Realtors® hold...
Read moreA Listing Agent’s Right to See your Buyer Agency Contract
By James L. Goldsmith, Esq. Does a listing agent have a right to see your buyer agency contract? At the moment, I can’t think of a good reason! It is not prerequisite to your being paid a cooperating commission. Your entitlement to that is wholly dependent upon whether you are...
Read moreMette, Evans & Woodside Hosts Inns of Court Conference
Mette, Evans & Woodside hosted a conference for local Inns of Court leaders in June 2018 at its office. The “Summit” was conducted by Ernest J. Barrens, Director of Chapter Relations for the American Inns of Court. Mr. Barrens led discussions about recruiting members for the local Inns and program...
Read moreCommunicating Acceptance: When is a Binding Agreement of Sale Officially Formed?
By: James L. Goldsmith, Esquire Many believe that an Agreement of Sale is effective the moment both parties sign it. It can be, when the parties are in the same room to witness the others’ signing. More often, however, the parties review agreements at separate locations and without knowing what...
Read moreCan the Department of Revenue Collect Realty Transfer Taxes More than Once on the Same Sale?
A: Yes. The Department of Revenue takes the position that an assignment of an executed agreement of sale for real property may result in double realty transfer tax because it considers the assignment a separate transaction involving the conveyance of real estate. When a buyer buys a commercial property, but...
Read moreProtecting Your LLC as the Sole Member
By Timothy A. Hoy, Esq. A: First, you should understand Pennsylvania law on the effect of your death on the limited liability company (LLC). Unless you have an operating agreement for the company which says something different, the law provides that the company will cease to exist within 180 days...
Read moreBackground Investigation of Prospective Executive Hires: a Necessary Evil
By: Kathryn L. Simpson The headlines are everywhere. Every day another occupant of the “C-Suite” in a large company is accused of sexual harassment or physical assault. Many of the instances of harassment may have occurred while the person worked for another employer but the sins come home to roost...
Read moreMyths Regarding Real Estate Transactions We Just Can’t Shake
By Jim Goldsmith, Esq. There is a lot of fake news out there! And there is a lot of fake news about news that is claimed to be fake that isn’t fake. Here you will see a number of real estate transaction myths that just might be true, or not!...
Read moreIt’s Not Too Early – Real Estate License Renewal Time Approaches
By Jim Goldsmith, Esq. Time is relative so whether May 31 is fast approaching or is way far out is for you to decide. What I can tell you is that by the summer and fall of 2018, many of you will be calling for help with real estate license...
Read moreTerminating A Real Estate Agreement of Sale
By Jim Goldsmith, Esq. Terminating an agreement of sale falls into one of three categories: 1) termination based on law; 2) termination based on a contractual right; and 3) termination unsupported by law or contract. Most terminations are based on a contractual right to do so and most of those...
Read moreWhat’s the Follow-Up?
Home Inspection Contingency Periods By James L. Goldsmith, Esq. The buyers entered an agreement to purchase a property with an external insulation finish system known as Dryvit. Upon inspection of the Dryvit, the report noted a few areas that were suspect for some moisture infiltration. The buyers decided to submit...
Read moreTake My Advice . . . Please Get a Home Inspection Before You Buy
By Jim Goldsmith, Esq. I was helping an old friend of mine son and daughter-in-law with their home purchase. The house that most caught their fancy, and the one they eventually purchased, was a flip. Now, I have a lot to say about flipped houses, primarily based upon the volume...
Read moreYour Real Estate Seller May Not Have a Dime’s Worth of Recourse!
In those good ole days of real estate transactions, offers were also accompanied by deposit checks. There was no place on the standard agreement to accommodate today’s practice of transmitting deposits “within ___ days (5 if not specified) from execution.” It is evident from the many inquiries on this topic,...
Read moreThere’s a New I-9 in Town
Starting on September 18, 2017, all employers will be required to have completed a new I-9 Form for every NEW employee. However, you can start using the new form immediately. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States....
Read moreMette, Evans & Woodside Teams Up With RSVP for Children’s Book Drive
Firm’s Second Annual Book Drive With An Increased Goal Of 1,800 Books Mette, Evans & Woodside is partnering with RSVP of the Capital Region for a children’s book collection drive. Collection of new and gently used books for children ages 4 to 12 will begin on September 11th and continue...
Read moreAgricultural Production Contracts
By: Melanie L. Vanderau, Esquire The use of formal contracts in agricultural production, including crop growing and livestock production arrangements, has been on the rise in recent years. If you find yourself wondering whether it’s worth it to have a formal agreement in place in a production relationship, remember that...
Read moreKathryn L. Simpson Elected President of the Lipsitt Inn of Court
Kathryn L. Simpson, a Shareholder with Mette, Evans & Woodside, was elected President of the Honorable William W. Lipsitt American Inn of Court. The mission of the American Inns of Court is to promote excellence, civility, professionalism, and ethics in both the legal profession and advocacy. Ms. Simpson’s legal practice...
Read moreMichael A. Farrell Joins Mette, Evans & Woodside as Shareholder
The law firm of Mette, Evans & Woodside is pleased to announce that Attorney Michael A. Farrell has joined the practice. Mr. Farrell has been practicing in the field of insurance defense litigation, for thirty-two years. He has focused his practice in defending employers and insurers in workers’ compensation matters....
Read moreVictoria P. Edwards Joins Mette, Evans & Woodside as Associate
Mette, Evans & Woodside is pleased to announce that Attorney Victoria P. Edwards has joined the law firm. Ms. Edwards’ practice focuses on workers’ compensation and social security disability matters. Prior to joining Mette, Evans & Woodside, she practiced with several law firms in Central Pennsylvania. She is certified as...
Read moreJames L. Goldsmith Joins Mette, Evans & Woodside as Shareholder
The law firm of Mette, Evans & Woodside is pleased to announce that Attorney James L. Goldsmith has joined the practice. Mr. Goldsmith has been practicing law continuously since 1978 and focuses his law practice in two major areas. He now primarily represents professionals charged with negligence or seeking to...
Read moreShould I Have My Own Attorney for Residential Real Estate Transactions?
Buying a home will probably be the largest and most significant purchase you will make in your life. Having an experienced real estate attorney who will protect your interests can help you avoid problems with a home purchase or sale. Residential real estate transactions involve the law of real property,...
Read moreAccess to Landlocked Property
For a property owner whose property does not adjoin a public road and does not have access either through an express access easement or by legal implication, Pennsylvania’s Private Road Act (the “Act”) offered the landlocked property owner a remedy. What Does Landlocked Mean? So, what does landlocked mean? Since...
Read moreMette, Evans & Woodside Selected as 2017 Best Law Firm
Firm Recognized for Seventh Consecutive Year ! For the seventh consecutive year, Mette, Evans & Woodside has been named as a Best Law Firm by U.S. News & World Report. The 2017 first-tier ranking for the Harrisburg, PA metropolitan area is for the firm’s work in the Trust and Estates...
Read moreJacob H. Kiessling Joins Mette, Evans & Woodside
The law firm of Mette, Evans & Woodside is pleased to announce that Attorney Jacob H. Kiessling has joined the practice. Mr. Kiessling focuses his legal practice in the areas of business planning, real estate, and estate planning. Mr. Kiessling joined Mette, Evans & Woodside after graduating from the University...
Read moreThe Defend Trade Secrets Act: Do Your Employment Documents and Policies Comply?
By Kathryn Lease Simpson The Federal Defend Trade Secrets Act (DTSA) was amended on May 11, 2016, effective immediately. The newly amended law contains a whistleblower clause that provides immunity for the disclosure of trade secrets to government officials for the sole purpose of reporting violations of the law. Why...
Read moreRevised Rules Regarding Garnishment of Federal Benefits
by Tim Hoy and Melanie Vanderau The final interim rule governing garnishments of accounts containing certain federal benefits (31 CFR § 212.1 et. seq.) has been amended. The final interim rule, effective May 1, 2011, was established by the Department of the Treasury, the Social Security Administration, the Department of...
Read moreUse Of Smartphone Voice Memo App Can Be a Wiretap Violation
Permission To Record Must Be Granted First The Pennsylvania Superior Court ruled that the use of the voice memo app on a smartphone to record a conversation, without the permission of the participants in the conversation, is a violation of the Pennsylvania Wiretap Act. Section 5703 of the Wiretap Act...
Read moreYear-End Tax Planning Considerations
As we begin wrapping up the year, it is time to think about year-end financial considerations. For many of us, charitable giving is one of them. When thinking about how much your contribution should be for this year, there are number of issues that sometimes come into play. In general...
Read moreAdvantages of Converting a Limited Partnership to an LLC
Two recent changes in Pennsylvania law made it advantageous to convert a limited partnership which owns real estate (and/or other income-producing assets) to a limited liability company. A preferred form of ownership for real estate and other income-producing investments prior to January 1, 2016 was the limited partnership which owns...
Read moreWill Your Business Be a Victim of Cybersquatting?
The protection of your company’s online identity is more important than ever before. You need a unique presence to maximize business from online inquiries. Because of the value of a business’s online presence, dishonest competitors will sometimes attempt to improperly divert online search results through “cybersquatting.” Cybersquatting occurs when a...
Read moreStacking Coverage Limits
by Thomas A. Archer This is the third in a series of three articles dealing with some of the major decisions facing automobile insurance consumers when buying their car insurance. The first two topics dealt with limited vs. full tort and underinsured/uninsured motorist coverage. The takeaway from the first two...
Read moreStormwater Management – The New Burden on Property Owners
It used to be the rule that rainwater runoff was not the responsibility of the landowner. The law recognized that water runs downhill. No longer. As EPA and the Pennsylvania DEP increase their emphasis on reducing pollutant discharges to the Chesapeake Bay, landowners are facing two challenges with regard to...
Read moreUnderinsured Motorist Coverage
Are You Underinsured? The minimum amount of liability insurance coverage required to satisfy Pennsylvania’s Financial Responsibility law is $15,000 for bodily injury to, or death of, one (1) person in any one (1) accident and $30,000 for bodily injury to, or death of, two (2) or more persons in any...
Read moreDon’t Give Up Your Right to Full Tort Protection
Making Decisions About Car Insurance? by Thomas A. Archer There are few more disappointing conversations that I’ve had to have with clients than letting them know they cannot recover their losses caused by another driver in a motor vehicle collision because the client has selected the “limited tort” option on...
Read morePlanning for the Future of Your Enterprise
You have a business idea. It may be that you have discovered a unique product or idea (invented or just came upon an opportunity to market some else’s product or idea). Perhaps it is filling a discerned need in your community, say an Italian restaurant or book store, fitness club...
Read moreEmployer Service Provider Security Breach
What should you do in the event of notification by your employer that a service provider to your company has notified its clients that the service provider’s client files were accessed by unauthorized persons? There have been a number of recent media articles on this subject and some recommendations on...
Read moreShould I Be Concerned about Using Online Legal Forms for My Business?
by Thomas A. Archer When they need legal documents, some business owners opt to employ “online” forms, versions of documents used previously, or borrowed from other companies. It’s understandable that businesses might view this practice as a harmless way to minimize costs. The trouble with using generic forms is that,...
Read moreThe Effect of the DOMA Decision on Estate Planning in Pennsylvania
Recently, the United States Supreme Court declared that the federal government must honor a state’s decision giving same-sex couples the right to marry and that not recognizing such marriages was a violation of basic due process and equal protection principles of the married same-sex couples. In the case of United...
Read moreLegal Wellness Checkup – Form I-9
by Kathryn Simpson Are you an employer? Have you hired any new employees lately? Do you have a completed a Form I-9 for every new hire? Finding and hiring qualified employees for your business can be a long and involved process. Once you do hire a new employee, be sure...
Read moreFlood Insurance Reform Act
Homeowners in flood prone areas will face increases in flood insurance premiums under provisions in the Biggert–Waters Flood Insurance Reform Act of 2012 (the “Act”), certain provisions of which went into effect October 1, 2013. For homeowners in designated areas, the National Flood Insurance Program provided federal subsidies for flood...
Read moreDo You Have a Legal Wellness Program?
by Kathryn Simpson Health wellness programs are becoming increasingly popular. Today, most people, if not directly participating in one, are at least familiar with the concept. Companies sponsor wellness programs for a number of reasons including lowering operating costs, helping employees avoid major issues and improving overall workforce performance. Recently,...
Read moreThe Perils of Joint Bank Accounts
Many people set up joint bank accounts with a friend or child for “convenience,” so that the other person on the account can easily write checks, pay bills, and otherwise assist with daily financial chores. Other times, joint bank accounts are used as a rudimentary form of estate planning –...
Read moreProtecting Your Electronic Communication Privacy
by Kathryn Simpson Anyone who has had an appointment with a health care provider in the past nine years is familiar with the privacy policies that protect their health information. Federal law requires the protection of this information and provides a sense of security in knowing that your health privacy...
Read morePA Home Improvement Consumer Protection Act
OVERVIEW OF THE PENNSYLVANIA HOME IMPROVEMENT CONSUMER PROTECTION ACT, 73 P.S. §§ 517.1-517.19 Who is a Contractor? Any person who owns and operates a home improvement business or who undertakes, offers to undertake or agrees to perform any home improvement. The term includes a subcontractor or independent contractor who has...
Read moreOil and Gas Act – Municipal Zoning Limitations
On February 14, 2012, the Unconventional Gas Well Impact Fee Act (Act 13 of 2012) which amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes was signed into law by Governor Corbett. This Act among other matters required municipalities to amend their land use ordinances to allow unconventional...
Read moreContractor Guidelines
The Pennsylvania Home Improvement Consumer Protection Act is designed to protect homeowners from unscrupulous contractors and to establish penalties against contractors who violate the Act. A year later, some legitimate contractors still do not know the requirements of the Act or whether they are violating the Act in the way...
Read moreThe Patient Protection And Affordable Health Care Act:
Implementation of the Patient Protection and Affordable Health Care Act (PPAHCA) continues. Effective January 1, 2013, there are several financial and revenue raising provisions that become effective that may affect you, personally and as an employer. These include: 1. Itemized Deductions for Medical Expenses Threshold The PPAHCA increases the threshold...
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