Federal law prohibits harassment by collection agencies and collection attorneys. The Federal law applies only to collection agencies but some state laws apply to the actual creditors. You can find a thorough explanation of your rights here. If you are being harassed by debt collectors, you should consider the following: Send a “Cease Letter.” A simple strategy to stop collection calls is to write the collector requesting that they stop all contact with you regarding the debt. Federal law prohibits collection agencies from contacting you after you make this request. Remember that Federal law does not apply to creditors collecting their own debts but many of them will stop calling you if you send them this letter. You can find an example of a “Cease Letter” here. It is very important to keep a copy of the letter and send it by certified mail, return receipt requested. This will give you proof that the collector received your letter. Your letter should identify the account number and name of the creditor, describe any harassing contacts, state that your letter is not intended to acknowledge that you owe the money and specifically request that the collector stop contacting you further about the account. You should keep a record of any letters or phone calls you receive after sending the “Cease” letter. The Lawyer’s Letter. You do not need an attorney to send the “Cease Letter” but if your letter is unsuccessful in stopping the collector’s calls, a lawyer’s letter usually will be successful. Members of LegalShield should contact their provider law firm to request that their firm send a “Cease Letter” on their behalf. Negotiate with the Creditor. Before your account is sent to a debt collection agency, it is easier to negotiate reduced payments on your account with the creditor. Be careful to not offer more in monthly payments than you can afford. When making payments, send your payments via check or money order. We do not recommend giving out your bank or credit card account numbers. Raise Complaints about Billing Errors. When a collection letter contains a mistake, you can write to request a correction. When you are first informed of a debt by a collection agency, they must inform you of your right to dispute the debt. We strongly encourage you to do so within thirty (30) days of the date you first receive notice of the alleged debt. The collector must stop attempts to collect the debt while it investigates he validity of the debt. Sometimes they are unable to validate the debt and will stop collection efforts. Complain to a Government Agency. Don’t take abusive calls and tactics by collectors lying down. If you’re a LegalShield member, you should call your provider law firm for active assistance in fighting abusive collection practices. You can also file a complaint against the collector with a government agency. The Federal Consumer Financial Protection Bureau is responsible for enforcing Federal laws governing debt collectors. You can check out the complaint history for a particular collector here. You can also submit a complaint against the collector with the Bureau. Bankruptcy. Filing bankruptcy triggers the “automatic stay” provisions of the bankruptcy law. Bankruptcy may make it possible for you to 1) eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start; 2) Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.); 3) Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed; 4) Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt: 5) Restore or prevent termination of utility service; and 6) Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe. There are certain steps that you must take before you can file a bankruptcy. You should consult with an attorney. You can find a 12-part series about bankruptcy on our Facebook page. If you are a LegalShield member, you can get help in dealing with debt collectors by calling your provider law firm. Call us at (800) 375-3089.

Planning for the distribution of assets at death is a great way to take care of your family. While there are many ways to do this so you should explore every option and consider the type of estate planning that’s appropriate for your situation. One device is a Living Trust, sometimes called a “Revocable Living Trust”. A Revocable Living Trust is a trust that a person, called the Grantor or Settlor, creates, funds, and retains control over during his or her lifetime.  It is an alternative to a Will, meaning that it directs to whom your assets will go when you die.  Why would you choose a Living Trust over a Will?  Some of the often-cited advantages include: Avoid the cost and potential delays of the probate process; Reduce taxes; Privacy; and Plan for your incapacity during your lifetime. Revocable Living Trusts may be a good choice for some, but for others, a Will is adequate to achieve estate planning goals. Probate Process Many people are encouraged to avoid the probate process.   They fear that if they use a Will, their assets will be tied up indefinitely in court or that their estate will pay high court and administrative fees.  Probate is the procedure used when a person dies and a “probate estate” is opened for the decedent.  A probate fee is imposed and several court filings are necessary.  In some states, probate can be a long and complicated process involving court hearings and expensive fees.  In Pennsylvania, the probate process is relatively straightforward, and the fees involved are generally modest.  The probate filing fees and associated costs are typically less than $750 in Pennsylvania. Delays in Estate Administration While a Living Trust can avoid opening a probate estate, it does not avoid many steps involved in administering an estate after a person dies.  For example, regardless of whether a person created a Revocable Living Trust or a Will, notices must be sent to beneficiaries and creditors, real estate and other assets must be liquidated, creditors must be paid, tax returns must be filed and monies must be distributed to the beneficiaries.  A Revocable Living Trust does not eliminate these steps.  Most probate estate administrations are completed within a year and without the need for any court hearings or involvement of any kind.  The amount of time that a probate estate takes to be completed is mostly dependent on how quickly the executor completes these tasks. Estate and Inheritance Taxes A Revocable Living Trust does not avoid or even reduce death or inheritance taxes.  The same rates and amounts of inheritance tax will be payable on assets in a Revocable Living Trust as are payable on assets passing by virtue of a Will.  Trusts are frequently used for tax planning but those trusts are “irrevocable”, meaning that the Grantor gives up a certain amount of control of the assets once placed in the Trust.  Those types of trusts are not the same as Revocable Living Trusts. Although the Revocable Living Trust will not reduce death taxes, there are some circumstances where it can be very useful. For example, if a person resides in one state but owns a vacation home in a second state, then a Revocable Living Trust can be used to own the vacation home. By titling the vacation home in the Revocable Living Trust, the Grantor can avoid “ancillary probate,” or going through the probate process in two states. Privacy A Revocable Living Trust does provide more privacy than the probate process, so it may be useful in cases involving a private collection that the owner does not want made public; however, a tax return must still include the value and general nature of any such property. Money Management The Revocable Living Trust can also be used as a money management tool in a variety of circumstances and for many different reasons.  If the Grantor becomes incapacitated and unable to manage his or her affairs, the successor Trustee of the Trust could manage the assets according to the provisions in the Trust document.  This can avoid a very costly, time consuming and often traumatic guardianship court proceeding to determine whether you are incapacitated.   It can also be used to manage money for someone, perhaps a child or loved one, who is irresponsible with money (a “spendthrift”). Costs of Forming Trust For those considering a Revocable Living Trusts, there are caveats to keep in mind.  It is important to note that the Revocable Living Trust is typically a more complex document than a Will, and as such, the cost to prepare the Revocable Living Trust is generally substantially higher than the cost of a Will – perhaps triple or even more than the cost of a Will.  You will also incur the cost and time necessary to retitle all your assets to the Trust.  You must prepare and file new deeds to real estate, retitle your vehicles, retitle all your bank and investment accounts, revise the beneficiary forms for life insurance, retirement and other accounts. Complexity of Managing Trusts The complexity of a Trust can makes managing them during your lifetime more difficult.  People with Trusts often have only a vague idea of the requisites for titling and holding assets in their Trusts.  The companies with whom you do  business, including banks, car dealerships, financial advisors, etc. are frequently unfamiliar with the rules relating to Revocable Living Trusts and make mistakes in titling assets.  If you have a Trust, you should expect to periodically incur costs for legal advice about titling and managing assets in your Trust. Additionally, it is essential to understand that a Revocable Living Trust only controls assets, and thus avoids probate, if the Grantor titled all his assets in the name of the Trust. Any individually owned assets that remain titled in the Grantor’s name (that do not have a beneficiary designation) must still pass through probate. This means that after the Trust is drafted and signed, the Grantor must be vigilant to always re-title all his bank accounts, stock accounts, and individually titled assets into the Trust. If he does not transfer his accounts and assets into the Trust during his lifetime, then when the Grantor dies, those assets must still pass through the probate process to be distributed to the beneficiaries according to the terms of the Revocable Living Trust. Therefore, a person utilizing a Revocable Living Trust should still have a “Pour-Over” Will to ensure that any assets left outside the Trust will still pour into the Trust at the Grantor’s passing. This means that the estate plan must include more documents and is necessarily more complex. Not a Substitute for Power of Attorney A Revocable Living Trust is not an adequate substitute for a Durable General Power of Attorney.  In the event you become incapacitated, your Successor Trustee has the authority to manage the Trust assets but no other property or assets that you own outside of the Trust.  In other words, your Living Trust does not give your trustee any authority over assets that have not been transferred to your living trust. On the other hand, your agent under a Durable General Power of Attorney has authority to manage any assets you failed to include in your living trust, as well as your retirement accounts, annuities, and social security benefits. Additionally, a Power of Attorney provides your agent with more wide-ranging power over such matters as the ability to gain access to your mail, your internet accounts, social media accounts, deal with the IRS, and execute contracts on your behalf, as well as many other transactions where legal authority is required. So, the question remains: do you need a Revocable Living Trust, or is a Will sufficient to meet your needs?  Understand what a Revocable Living Trust does, and what it does not do.  Overall, in certain unique circumstances, a Revocable Living Trust can be an important part of an estate plan.  All relevant factors should be considered before deciding whether this type of Trust is appropriate, as the same goals can frequently be fulfilled by utilizing a more straightforward and cost-effective Will. Get Your Estate Planning Started Today Ready to get your Will or Living Trust started? Complete a simple form and get things started today. Our firm has highly experienced attorneys that will be able to help you through your Living Trust planning.

An affidavit is a sworn statement that is in writing. Affidavits are usually used in a court or in negotiations. They must be notarized and the affiant (the person making the statements in the Affidavit) must swear that the facts contained in an affidavit are true and correct. When you notarize an affidavit, you must also sign it in front of witnesses. Generally, banks will notarize affidavits and other documents for you and will provide witnesses. The Parts of an Affidavit The affidavit starts with a heading. The heading may be the caption of an existing case filed in court or it may simply say “Affidavit of [your name]” if you do not have an open case but need to swear to something. The very first section contains your name in a sentence that generally states, “Before me comes [your name], whose residence is [address, including city, county, and state], and hereby swears to the following facts under penalty of perjury.” Depending on who drafted the affidavit, that sentence may vary in wording, but it will always state that you, the affiant, swear that the following account of events is true and correct to the best of your knowledge. The following paragraphs each contain one fact. After the facts are laid out, the affidavit usually contains the words, “Further Affiant Sayeth Naught.” This means that you have said all you have to say on the matter. If your statements refer to documents, the documents should be attached to the affidavit as exhibits. Next come the signature lines and notary section. When you sign the affidavit, you are swearing that the facts in the document are true and correct. You are also swearing that the facts are true and correct when the notary signs the notary section. Using an Affidavit as Admissible Evidence An affidavit is admissible evidence, although in most legal proceedings, courts will require the affiant to testify to the affidavit or the affidavit may be disallowed as hearsay. Since hearsay is not admissible as evidence, the affidavit may not be used for evidence if someone objects to it unless the affiant is present to testify in court. Thus, never assume that just because you have a signed affidavit that it will be accepted as admissible evidence. Sometimes courts may have local rules that will state whether an affidavit is considered hearsay or not. An attorney will let you know if you need an affidavit, have to testify, or if you need an affidavit and will have to testify. Restrictions on Affidavits The primary qualification to sign an affidavit is that you are competent as a witness. Does the affiant have personal knowledge of all the facts to which the affiant swears in the affidavit? Along with relevancy, this is one of the two most fundamental rules of evidence. An affiant may only testify to matters within their personal knowledge. That means it is the obligation of the person presenting the affidavit to establish that the affiant has personal knowledge of something relevant to the matter at issue. The affiant must also be of sound mind and understand what they are signing and why they are signing it. Keep in mind that an affidavit is signed under oath. Generally, a person will not be asked to sign an affidavit unless over the age of 18. In rare instanced, minor may be asked to sign an affidavit. Consequences of Signing an Affidavit Before you sign an affidavit, keep in mind that there are legal consequences to signing an affidavit with false facts. Since you are signing a document under oath, it is the same as testifying in a court of law. If you provide information that is false or lie on the affidavit, you could be fined for perjury. Fines could include monetary fines, community service, and even jail time. The punishment and the severity of the punishment vary from state to state. Types and Uses of Affidavits You may be asked to draft a general affidavit stating the facts of an event that you witnessed or that you were part of. Certain court cases also have different types of affidavits that you may have to sign. Affidavits to support court filings. You may be asked to sign an affidavit affirming that the contents of a legal document that you filed in court are true and correct. Financial affidavits are used in family law. Whether you are going through divorce proceedings or are separating and asking the court for temporary child and/or spousal support, you may have to provide information about your assets, liabilities, and income. Small estate affidavits are used when your spouse passes away without a will. You might be asked to provide a small estate affidavit if a close relative passes without a will and he or she does not have a spouse. The affidavit requires you to swear that you should be responsible for managing the person’s estate and distributing any assets that may be left after the estate bills and creditors have been paid. An affidavit of death is used to notify the court, a company, or some other entity that a person has passed away. You may have to attach a copy of the person’s death certificate. At the least, you will need to provide the person’s full name, birth date, and date of death. A personal information theft affidavit is used if someone’s identity is stolen or compromised. The affidavit is for banks, credit agencies, and creditors, and it swears that a person’s ID was stolen. This affidavit is often required in order for the victim to start recovering their identity. An affidavit of residence is often used in family law but may be used in other types of cases. It may also be used to show residence information for employment purposes or so your children can attend school in their district. If you have changed your name, you may have to draft an affidavit of name change for companies or entities. You will usually have to list your former name, the state where the name change took place, and your current name. In some cases, you might need an affidavit of marriage. This affidavit simply states that you are legally married. It could take the place of a marriage certificate if you lose the certificate. You might use it to apply for insurance or some financial accounts. An affidavit for service of process is generally used by attorneys and businesses that serve court documents. This affidavit states that documents were served on another entity or person by a specific person. The affidavit includes who the documents were served on and the date and time the documents were served. Formalizing an Affidavit For an affidavit to be valid, it must be notarized. Since a notary is swearing that it is your signature on the affidavit, the document must be signed in front of a notary. If the notary does not know you, he or she will ask to see your identification. The identification must be a valid form of photo identification such as a non-expired passport or driver’s license. In some cases, the notary may have to perform a jurat. This means that you, as the signer, are swearing that the facts contained in the document are true and correct to the best of your knowledge. The notary will administer an affirmation or oath to you before the document is signed. Since a notary is not able to tell you whether you just need to notarize your signature or if he or she must perform a jurat, it is up to you to know which type of notary you need. Most legal documents, including affidavits, have a jurat written in the document as part of the notary’s signature. In the case of an affidavit, the jurat is at the beginning of the affidavit and in the notary box. Most law offices, banks, or post offices have a notary if you do not personally know a notary. In some cases, a notary will charge for his or her services, but in other cases the notary may not charge. This depends on state law and whether the institution requires the notary to charge a fee. In many cases, if you have an account at a bank, the bank may not charge a fee even though it could.

When creating wills and trusts involving children or grandchildren, parents are faced with tough decisions about how to leave their assets to their children. While each person needs to consider their own situation and unique children, there are a few general issues that everyone should consider. Choosing a guardian for your children. It’s hard to imagine someone else raising your precious baby, but if something were to happen to you and your partner, you’d want to be sure your little one was in the very best hands. That’s why parents should pick a legal guardian — the person who’d raise their child if both parents die before the child turns 18. Why is this so important? Failing to pick a guardian means the courts will choose one for you — and it may not be the person you think is best. Read more about choosing a guardian. Assets of minors should always be held in trust. You do not want children under 18 inheriting assets and in Pennsylvania minors cannot own assets on their own. If there’s a chance that a child or grandchild will inherit assets, through your will or by virtue of being a beneficiary of a retirement account or life insurance policy, you should consider having that child’s inheritance held in trust. Without designating a trust to hold the money, one of two things will happen. One option is that the money will be paid into a minor’s account, earn very little interest and be released to the beneficiary when they turn 18. If the amount is significant, most people would not find this to be a desirable outcome. Another option could result in a legal proceeding to appoint a guardian to hold and invest the beneficiary’s money. This is a costly proceeding and may result in someone you don’t know or would not choose managing the money. Coming into a substantial inheritance at 18 isn’t necessarily a good thing. In most states, without provisions in a will or trust that provide otherwise, the guardian has to turn over control of the assets to the children once they turn 18. When you are 18, an inheritance of $500,000 seems like it will last a lifetime. And it can, if you are prudent and live frugally. But most 18-year-olds will use up the trust money on a lifestyle that they cannot afford. Flash forward 20 years and the 18-year-old is now approaching 40, with little money left and no means to support himself. A Trustee can help your beneficiaries be wise with their inheritance. While they are under 18 (or older if you decide to defer distribution to a later age), their trustee will control the money for them. If you’ve already decided that your sister Sally will be a wonderful guardian for your children because she has a great relationship with your kids and a cozy home, think carefully about if she will also be a strong guardian of their money. If she’s not the best a managing her own finances or has someone in her life whose influence you don’t really trust, it is best to leave the kids’ inheritance in the hands of a more qualified trustee. Create separate shares for kids in their 20’s. Most people with kids who are young adults will divide the trust money into separate shares for each child. That way each child has their own share and can take money as needed. This equitable approach takes into consideration that each child has different needs. If one child wants to go to medical school, why should the other children pay for it? Protect your “problem” child. Giving a large sum of money to a child with a substance abuse problem (drug addiction, gambling, etc.) could have fatal consequences. The only way to protect a child from himself is with a lifetime trust. Giving your kids a longer leash. If you are confident your child could handle the money and want to turn it over to her at a certain age, the best practice is to distribute it in stages. A typically scenario is giving the child one quarter of the assets at age 25, one half of the remainder at age 30 and the rest at age 35. This distribution could comprise any ages or percentages you choose. Another suggestion is to bring the child on a as co-trustee at age 25 so he gets used to managing the trust money. Planning for a child’s death. What happens to the trust money if the child dies and there are still monies held in trust? You can direct that the monies go to her children, if any, or to your remaining children. Some people will give their children special powers to direct where the money goes when the child dies. These are called “powers of appointment.” The thought is that after you are long gone, your child should have flexibility to alter the distribution of the trust money among the child’s own children. After all, your grandchildren may end up with some of the same issues you considered in planning for your children – creditors, divorcing spouses and addictive behavior. Your child should have the flexibility to change the trust distribution if needed. You can also give your child the ability to leave the trust money to his spouse. Some people feel strongly against this, but if your child has a loving spouse and they are living prudently, perhaps you would want her to be able to live in the same lifestyle she enjoyed when your child was alive. There is a lot to consider when leaving assets in trust for children. Don’t let the considerations overwhelm you or keep you from planning. We make it easy to protect your family and get your wills done. We guide you and your family using our flat fee billing methods so there is never a surprise with one of our invoices. We prepare thousands of wills, trusts, powers of attorney and healthcare directives annually for people all across Pennsylvania just like you.  You can get the process started here or call 412.391.1014 and we’ll connect you with one of our estate planning attorneys.

We are bombarded with advertisements about auto insurance. Many times, a very important but basic concept about auto insurance gets lost in those advertisements. The primary purpose of auto insurance is to protect you or a member of your family against financial loss in the event of an accident. Protecting you should be the focus of auto insurance. Advertising lines like “we keep you legal for less” (Safe Auto) or “only pay for what you need” (Liberty Mutual) redirect your focus mostly to price rather than what’s most important – protecting you and your family. We like saving money as much as the next person but not at the expense of our families. That’s especially true as auto accidents and costs of claims have steadily risen over the last decade. Added to the increased risk are accidents due to cell phones and legalization of marijuana. The question is not if but when you’ll be involved in an accident and need the protection of good insurance. Let us put help you put your money where our advice is. Here are some tips for trimming your auto insurance bill so that you can afford better coverage for your family. Improve your credit What does your credit score have to do with car insurance? Your credit is a big factor when car insurance companies calculate how much to charge. It can count even more than your driving record in some cases. Having a poor credit score could mean paying more for auto insurance. It’s a good idea to check your credit score when shopping for car insurance and, if necessary, take steps to improve it. Paying your bills on time is the biggest factor in your credit score, but there are several other steps you can take to raise your credit score—and potentially reduce your auto insurance premiums. LegalShield members can work with their provider law firms to request a copy of their credit report and dispute errors or challenge negative comments from creditors. If successful, these efforts can increase your credit score. Drop car insurance you don’t need If you’ve got an older car in the household, it might be time to drop collision and comprehensive insurance, which pay for damage to your vehicle. Collision insurance pays to repair damage to your car if it crashes into another vehicle or object, or flips over. Comprehensive insurance pays if your car is stolen or damaged by storms, vandalism or by hitting an animal such as a deer. Collision and comprehensive never pay out more than the car is worth. If your car is worth less than your deductible plus the amount you pay for annual coverage, then it’s time to drop them. Evaluate whether it’s worth paying for coverage that may reimburse you only a small amount, if anything. If you drop collision and comprehensive, set aside the money you would have spent in a fund for car repairs or a down payment on a newer car once your clunker conks out. We’d be happy to review your auto insurance and make suggestions for savings and better coverage. Request an auto insurance review here. Review changes in your circumstances with your agent. Did you know that where you live affects your car insurance premiums? Factors such as the density of local traffic, frequency of accidents in your area, length of your commute and rates of crime involving cars all have an impact on the risk you present to your insurance company. This fact emphasizes the importance of updating your information if you happen to move or change jobs. You might be in for a rate reduction that you did not expect. Seek Savings on Other Coverages Set the deductible right. Raising your comprehensive and collision deductibles to $1,000 from $500 can shave, on average, 11 percent off your premium, says research by the search engine The Zebra. Just make sure you can afford to pay the deductible if your luck runs out. Forgo rental-reimbursement coverage. If you have another car you can use while your vehicle is being repaired, you don’t need to buy this. And skip roadside assistance if you have an auto-club membership that’s a better deal—or if it comes as part of your car’s warranty. Review personal injury protection and medical payments coverage. Forget it if you have good health coverage; keep it if you don’t or if your usual passengers might not be well-insured. Don’t drive a lot? Consider usage-based insurance If you don’t drive much, consider an insurer that offers a usage-based or pay-per-mile driving program. These policies base rates in part on how much you drive and, in some cases, how well you drive. To participate, you install a small device in your car that transmits data to the insurance company. You score a discount for low mileage and, with many programs, safe driving habits. Several insurers offer usage-based insurance programs. With these programs, the insurers track your driving habits such as speeding and hard braking and offer discounts or reduced rates for safe driving. In some cases you can get a discount just for signing up. Try some or all of these tips and see if your insurance bill goes down. If it does, we encourage you to invest some of the savings in better coverage to protect your family. Read: Suggestions for best coverages to protect your family. #autoinsurancecomparison

By Dachan Furnace, Esquire Did your Stimulus check get intercepted to pay your spouse’s back child support? You may have been one of the millions of Americans expecting a stimulus check, but instead received a Notice of Offset from the Internal Revenue Service (IRS). If that’s your reality, we have good news! The IRS will begin to send out what they call “catch-up” payments to all eligible spouses whose stimulus check was applied to their spouse’s child support arrears. Taxpayers should expect to receive this payment around mid-September if they filed Form 8379-Injured Spouse Allocation with their federal income tax return. This form is usually filed when the injured spouse on a jointly filed tax return files to get back their share of the joint refund when the joint refund is applied to a past-due obligation of the other spouse. This form is not only used instances where the past due obligation is from child support arrears, it can be used for any legally enforceable past-due debts such as federal tax debt, state income tax debt, state unemployment compensation debt or a federal nontax debt, such as student loan debt. If you did not file Form 8379 this year with your return, there is no need to worry. The IRS will automatically send the EIP payment at a later date. There is no need to do anything further. To check the status of this payment visit https://www.irs.gov/coronavirus/get-my-payment. This status is updated every 24 hours. If you have any further questions about your rights as an injured spouse or how to file Form 8379, call Fiffik Law Group, at (412) 391-1014.

Pennsylvania Eviction Relief Governor Tom Wolf yesterday signed a new executive order that protects homeowners and renters from eviction or foreclosure until Aug. 31, if they have not received assistance from a new program administered by the Pennsylvania Housing Finance Agency (PHFA) or are not already receiving relief through one of several federal foreclosure moratorium programs or judicial orders. Lenders and property owners that receive funds through the PHFA program agree not pursue foreclosure or eviction actions as a condition of participation in the program. There are exceptions to this Order. Tenant Protections All eviction timelines must be computed with a start date of August 31, 2020, at which point any previously delivered notices to quit required by law will be deemed delivered and any eviction proceedings may commence as of that date. Thus, if you previously received a notice, the time limits of those notices are deemed to be completed and eviction proceedings can be filed immediately. Renters who have at least a 30% reduction in income and became unemployed after March 1, 2020 may be eligible for rent assistance. Assistance up to $750/month is available. The deadline to apply is September 30. You can apply here. In addition, if you are a tenant living in federally subsidized housing or are renting from an owner who has a federally or GSE-backed mortgage (FHA, VA, USDA, Fannie Mae, Freddie Mac), the CARES Act provides for a suspension or moratorium on evictions. This moratorium already was extended to August 31, 2020. Not all eviction proceedings are covered by this Order. The Order applies only to matters involving the nonpayment of monies as well as to those proceedings related to removal of any tenant solely because the tenant has refused to vacate after the term of the lease expires. The Order does not suspend notice requirements relating to evictions for breaches of any other covenants. For example, if you’ve failed to maintain the property or failed to comply with other non-payment provisions in your lease, it is possible that you could be evicted from the property. Mortgage Protections All foreclosure timelines must be computed with a start date of August 31, 2020, at which point any previously delivered notices required by law will be deemed delivered and any foreclosure process may commence. Foreclosure actions may proceed from that point forward in the normal course of action. All homeowners who have at least a 30% reduction in income and became unemployed after March 1, 2020 may be eligible for mortgage assistance. Assistance up to $1,000/month is available. The deadline to apply is September 30. Only payments due between March 1 and December 31 are eligible for assistance. You can apply here. In addition, homeowners with a federally or GSE-backed mortgage and who are experiencing financial hardship due, directly or indirectly, to the coronavirus national emergency may be entitled to mortgage forbearance.  You can find out if you have an eligible mortgage and for more information on this program here. Our attorneys are here to answer any questions that you have about these programs and your situation.  We invite you to call (412) 391-1014 for a consultation.

As many as 500,000 Pennsylvanians are at risk of eviction if the Eviction Moratorium expires Monday August 31, 2020. Governor Tom Wolf said in a press release earlier this week that the statewide moratorium on evictions for failure to pay, and on foreclosures — which he last extended in July — can’t be extended again under terms of the state Emergency Services Code. His statement did not further outline why he can’t unilaterally extend the moratorium again. How Soon Can Evictions be Filed? All eviction timelines must be computed with a start date of August 31, 2020, at which point any previously delivered notices to quit required by law will be deemed delivered and any eviction proceedings may commence as of that date. Thus, if you previously received a notice, the time limits of those notices are deemed to be completed and eviction proceedings can be filed immediately. How Can You Get Assistance? Rent assistance is available through the Pennsylvania Housing Finance Agency (PHFA) for renters who are not already receiving relief through one of several federal foreclosure moratorium programs or judicial orders. Lenders and property owners that receive funds through the PHFA program agree not pursue foreclosure or eviction actions as a condition of participation in the program. There are exceptions to this Order. Renters who have at least a 30% reduction in income and became unemployed after March 1, 2020 may be eligible for rent assistance. Assistance up to $750/month is available. The deadline to apply is September 30. You can apply here. COVID-19 Legal FAQs for Renters in Pennsylvania Does the Foreclosure Moratorium Also Expire? Yes, the prior moratorium also expires on August 31. All foreclosure timelines must be computed with a start date of August 31, 2020, at which point any previously delivered notices required by law will be deemed delivered and any foreclosure process may commence. Foreclosure actions may proceed from that point forward in the normal course of action. All homeowners who have at least a 30% reduction in income and became unemployed after March 1, 2020 may be eligible for mortgage assistance. Assistance up to $1,000/month is available. The deadline to apply is September 30. Only payments due between March 1 and December 31 are eligible for assistance. Find out if you qualify for a relief program. You can apply here. In addition, homeowners with a federally or GSE-backed mortgage and who are experiencing financial hardship due, directly or indirectly, to the coronavirus national emergency may be entitled to mortgage forbearance. You can find out if you have an eligible mortgage and for more information on this program here. Our attorneys are here to answer any questions that you have about these programs and your situation. We invite you to call (412) 391-7339 for a consultation.

By Lacey F. Gordon, Esq. Can workers be required by employers to be vaccinated? Maybe. Has the vaccine been approved by the FDA? Not yet. On December 11, 2020, the FDA issued an Emergency Use Authorization (“EUA”) for the use of the Pfizer-BioNTech COVID-19 Vaccine. On December 18, 2020, the FDA issued an EUA for the use of the Moderna COVID-19 Vaccine. And on February 27, 2021 the FDA issued an EUA for the use of the Janssen COVID-19 Vaccine. The issuance of an EUA is different than an FDA approval (licensure) of a vaccine. It is not entirely clear whether employers can lawfully mandate a vaccine authorized only under an EUA. But what if a vaccine is formally approved by the FDA? In this case, employers can very likely mandate COVID-19 vaccination, subject to certain limited exceptions. The U.S. Equal Employment Opportunity Commission’s “What You Should Know About COVID 19 and the ADA, the Rehabilitation Act, and Other EEO Laws” is a great first resource to learn more. We aren’t the only ones erring on the side of caution. The Pennsylvania Department of Labor & Industry Office of Unemployment Compensation has issued vague guidance in the form of Labor Law Compliance & COVID-19 FAQs: Q: “Can my employer require that I receive the COVID-19 vaccine?” A: “​Employees are encouraged to discuss any concerns over receiving a COVID-19 vaccine with their employers. If you are a member of a union, your collective bargaining agreement (union contract) may provide direction regarding your rights and requisite vaccinations.” Q: “Can employers require employees to receive the COVID-19 vaccine?” A: “​​Employees are encouraged to discuss any concerns over receiving a COVID-19 vaccine with their employers. Employers who employ union employees are encouraged to review the contract before requiring vaccinations.” What is House Bill 262? On February 25, 2021, the Pennsylvania House Labor and Industry Committee held a public hearing on proposed House Bill 262, the Right to Refuse Act. The proposed Right to Refuse Act is intended to “provid[e] for the right of an employee or prospective employee to refuse to participate in an invasive medical test or vaccination required by an employer.” This right to refuse would not be without exception. You can find the text of House Bill 262 here. What does this mean for me? Unfortunately, there is no one-size-fits-all answer to this question. If you are an employer with questions about mandating the vaccine or an employee with questions about being mandated to get vaccinated, please give us a call. Our attorneys would be happy to discuss with you.

By Lacey Gordon, Esquire Earlier this month, on October 3, 2020, Pennsylvania Department of Labor & Industry published its final rule expanding Pennsylvania’s Minimum Wage Act regulations for overtime pay. The increase is the first for Pennsylvania in more than four decades. Pennsylvania’s Overtime Rule updates salary thresholds to reflect current wages paid to Pennsylvanians in executive, administrative and professional occupations and updates the duties tests for these occupations. Updates to Salary Threshold Pennsylvania’s Overtime Rule increases the minimum salary salaried executive, administrative, and professional workers must earn in order to be exempt from overtime pay. This increase will be phased in over three steps: $684 per week ($35,568 annually) effective (per federal rule) as of January 1, 2020; $780 per week ($40,560 annually) effective October 3, 2021; and $875 per week ($45,500 annually) effective October 3, 2022. Starting in 2023, the salary threshold will adjust automatically every three years. Pennsylvania’s Overtime Rule also allows up to 10 percent of the salary threshold to be satisfied by nondiscretionary bonuses, incentives, and commissions that are paid annually, quarterly or more frequently. Updates to Duties Tests The Minimum Wage Act provides an exemption from both minimum wage and overtime pay for employees employed in a bona fide executive, administrative, or professional capacity. To qualify for the exemption, employees must meet certain tests regarding their salary and their job duties. In addition to the salary threshold update, Pennsylvania’s Overtime Rule also updates the duties tests for executive, administrative, and professional workers to more closely align with U.S. Department of Labor’s federal overtime regulations. But What About Federal Law? Pennsylvania employers will need to follow both the federal overtime rules and the overtime requirements of Pennsylvania’s Minimum Wage Act. Where there are differences between the two laws, Pennsylvania employers must follow the rule that provides the greater benefit to the employee. If you have questions or would like to learn more about Pennsylvania’s Overtime Rule , please reach out. Our attorneys are here to help and would be happy to answer your questions.

Pennsylvania Eviction Relief Gov. Tom Wolf signed an executive order halting all foreclosures and evictions in Pennsylvania through July 10 due to COVID. Landlords and lenders cannot begin evictions or foreclosures until after July 10. This eviction relief is welcome news for those who are struggling financially during the COVID crisis. However, the additional delays may cause consternation among landlords and lenders. Practical Effect of Halted Proceedings For tenants, they cannot be evicted until after July 10 but realistically the delay will keep them in their homes into the Fall. All timelines relating to evictions or foreclosures must be computed with a start date of July 10, 2020. This means that notices to quit for evictions, even if sent before Gov. Wolf’s original March executive order, will be deemed delivered as of July 10. Eviction proceedings will be deemed to have commenced on July 10. The typical eviction process takes about 90 days. The practical effect is that tenants going through the full eviction process cannot be removed until mid-October. Appeals could extend that date much further. Certain Renters Get Additional Relief If you are renting from an owner who has a federally backed mortgage, the CARES Act provides for a suspension or moratorium on evictions. If your landlord has a federally backed mortgage or multi-family mortgage, you cannot be evicted for nonpayment of rent for 120 days beginning on March 27, 2020, the effective date of the CARES Act. After July 25, the landlord cannot require you, the tenant, to vacate until providing you with a thirty-day notice to vacate. Rent Payments Are Still Payable The executive order does not suspend tenants’ duties under their lease. Tenants are still required to make monthly payments. You should make every effort to pay the rent when it is due. If rent payment is a concern, due to a loss or reduction in income for any reason caused by the effects of COVID, please contact your landlord to discuss your situation and payment options. Repayment options can include postponement or even reduction of current rental payments. Any agreement between you and your landlord should be put in writing, signed by both you and the landlord. You may need to refer to it at a later date. Whatever agreement you reach, it is very important that you comply with it. Mortgage Payments May Still Payable Protections for borrowers are much broader. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, puts in place two protections for homeowners with federally backed mortgages (which covers most mortgages): First, your lender may not foreclose on you for 60 days after March 18, 2020. Specifically, the CARES Act prohibits lenders from beginning a foreclosure against you, or from finalizing a foreclosure judgment or sale, during this period of time. Gov. Wolf’s executive order extends this delay until July 10. Second, if you experience financial hardship due to COVID, you have a right to request a forbearance for up to 180 days. You also have the right to request an extension for up to another 180 days. You must contact your loan servicer to request this forbearance. There will be no additional fees, penalties or additional interest (beyond scheduled amounts) added to your account. You do not need to submit additional documentation to qualify other than your claim to have a pandemic-related financial hardship. Get whatever agreement you reach with your lender in writing. You can check to see if your mortgage is covered by the CARES Act here. If you don’t have a federally backed mortgage, you still may have relief options through your mortgage loan servicer or from your state. Forbearance does not erase what you owe. You’ll have to repay any missed or reduced payments in the future. So, if you’re able to keep up with your payments, keep making them. The types of forbearance available vary by loan type. If you need help working with your landlord or lender or understanding your options you may want to reach out to one of our attorneys to help you with your specific situation.

As counties enter new phases of eased COVID-19 restrictions, businesses will begin to resume operations. For many workers, this is great news. For high-risk workers, or those workers who live with someone who high risk, the prospect of returning to work comes with a set of mixed emotions. High-risk workers called back to work after COVID may need to first engage in dialogue with employers about their conditions. High-Risk Workers and Their Families The CDC has issued guidance concerning those who are at higher risk for severe illness from COVID-19, including “older adults and people of any age who have serious underlying medical conditions.” Those conditions include chronic lung disease, asthma, heart conditions, conditions that cause someone to be immunocompromised, diabetes and liver disease. Pregnant women are included among those at higher risk. Safety for High-Risk Workers During the first two return-to-work phases, the White House Guidance advises “all vulnerable individuals” to continue to shelter-in-place and notes that “[m]embers of households with vulnerable residents should be aware that by returning to work . . . they could carry the virus back home.” Therefore, precautions should be taken to isolate from vulnerable residents. You’ll want to ask your employer what safety precautions they plan for the return to work. Ask for an Accommodation This guidance also encourages employers to strongly consider special accommodations for high-risk workers. The Equal Employment Opportunity Commission (“EEOC”) has issued additional guidance concerning COVID safety and returning to work. Workers requesting an accommodation should be prepared for employers to ask questions to determine whether the condition is a disability. Your employer may request medication documentation of your condition. Be prepared to explain how the requested accommodation would enable you to keep working. Have alternative accommodations i mind that may effectively meet your needs. Teleworking is a Reasonable Accommodation Employers are encouraged to discuss telework accommodations and determine whether modifications should be made. Employers should be aware that undue hardship considerations may differ when reviewing telework accommodations. The EEOC encourages employers and employees to be flexible and creative in these circumstances. Compensation When You Cannot Return to Work If you are unable to return to work, you may be eligible to receive either Paid Sick Leave pursuant to the Families First Coronavirus Relief Act (FFCRA) or Pandemic Unemployment Assistance (PUA). Paid Sick Leave under the FFCRA pays your average regular wage rate up to $511/day for 80 hours. The maximum you can receive is $5,110 in the aggregate. These are general guidelines only. Not all employers are required to comply with the FFCRA. There are also consequences of refusing a return to work. The details of your situation can impact your eligibility for any of the benefits mentioned above. In addition, your employer may not fully understand its responsibilities under the quickly changing laws applicable to COVID. If you are high-risk and have been asked to return to work after COVID, we can help you understand all your rights and options. You will be better prepared to have a conversation with your employer after first reviewing your situation with us.