Resources & Blog Posts

Wrongful Death in Pennsylvania When the Decedent Lived in New Jersey

In this region, significant legal and logistical questions often arise where a Wrongful Death occurs in Pennsylvania, but the individual who died was a resident of New Jersey. Chief among them is jurisdiction, which states that the state’s law governs the case. The reality is that both Pennsylvania and New...

How Often Personal Injury Cases Settle Out of Court

If you have ever experienced a personal injury, financial relief can never come soon enough. You likely feel like you are drowning in debt between medical expenses, lost wages, and vehicle or other property repair costs. Hiring an experienced and skilled lawyer is essential to recovering the fees that are...

How Medicaid Waivers Help Children with Disabilities in Pennsylvania

In Pennsylvania, Medicaid waivers play a crucial role in enabling individuals with disabilities to receive personalized, community-based services as an alternative to institutional care. The requirement that services be provided in an institutional setting has been waived. This approach promotes independence and community integration for individuals with disabilities. These waivers,...

What to Bring to Your Estate Planning Consultation

A comprehensive estate plan involves planning for when you cannot handle your own affairs and when you are gone. About two-thirds of the population has ignored estate planning, most likely to avoid emotions and the cost surrounding it. Although nobody likes to think about falling ill and who should be...

Medicare Implements $2,000 Prescription Cost Cap

As of January 1, 2025, Medicare has significantly changed its Part D prescription drug program by capping annual out-of-pocket expenses at $2,000. This initiative, part of the Inflation Reduction Act of 2022, aims to alleviate the financial burden of medication costs for millions of Medicare beneficiaries. Previously, Medicare Part D...

Understanding Pennsylvania's New Directed Trust Act

In a significant development for estate, trust, and elder law practitioners, Pennsylvania, the 20th state to do so, has recently enacted the Directed Trust Act, which promises to streamline and enhance the management of trusts. This legislation, effective in October 2024, introduces several pivotal changes that are set to benefit...

Do You Have a Valid Personal Injury Claim?

Suffering an injury in an accident can prevent you from working, forcing you to attend doctor’s appointments and undergo rehab instead of taking the family vacation that you have been anxiously awaiting. Besides costing you financially, a personal injury can impede long-term mobility and even undermine your relationships with family...

Proving the Other Party Was Negligent in Your PI Case

A person commits negligence when they fail to provide the same level of care that a person of reasonable intelligence would use, resulting in harm to another. As the injured party, you must show that it is more “likely than not” (known as the preponderance of the evidence standard) that...

Petitions for Allowance and Estate Planning in Pennsylvania: What Guardians Should Know

As legal practitioners, we often encounter situations where a guardian seeks to utilize an incapacitated person’s assets to provide for their well-being, security, or estate planning purposes. Under Pennsylvania law, specifically 20 Pa.C.S. §5536, Petition for Allowance and a Petition for Estate Planning are critical tools to facilitate the management...

Protecting Yourself Against a Stalking Charge

Stalking allegations place your freedom and reputation on the line. Never assume that a stalking charge will resolve on its own. While the accusation may be entirely false, your civil liberties hang in the balance, requiring you to retain experienced representation on your side. Waiting to obtain counsel will only...

Understanding Vehicular Manslaughter Charges in Pennsylvania

Every state defines vehicular manslaughter differently, but in Pennsylvania, it generally refers to ‘homicide by vehicle’ punishable under § 3732 of the PA Criminal Code. If you’ve been charged with vehicular manslaughter in Harrisburg, you’re facing criminal homicide charges. Do not speak to the police. Request representation and call the...

What Percentage of Car Accidents Are Fatal?

Each day, three people are killed in Pennsylvania car accidents. The Commonwealth reports that approximately 1% of all reported motor vehicle crashes involve fatal injuries, with pedestrians, motorcyclists, and bicyclists accounting for a disproportionate number of fatalities. This is consistent with the national average. If you lost a loved one...

Filing Deadlines for Car Accident Injury Claims in York

Nearly all Pennsylvania legal claims have filing deadlines, called statutes of limitations. You must sue (file a lawsuit) before the claim’s deadline applicable to your case expires. Though there are some exceptions if you cannot do so, failing to bring an injury claim after a car crash quickly is often...

Why Estate Planning Matters at Every Stage of Life

Estate plans aren’t just for the wealthy or elderly. Though they become more critical for protecting your assets from medical liens as you age, estate planning is for everyone in Carlisle. Prepare for the future, potentially save on taxes, and secure your family’s peace of mind by scheduling a consultation...

Why Do I Need a Real Estate Lawyer?

Between closing costs, realtor commissions, taxes, and filing fees, hiring a real estate attorney is often low on your priority list. However, failing to do so can cost you even more. By retaining an experienced real estate lawyer to monitor and finalize real estate transactions, you can protect your family...

Benjamin Ried, president of the Harrisburg law firm of Mette, Evans & Woodside, made a presentation of what is in the emergency services ordinance

Compensation for Slip and Fall Cases

Slipping and falling due to a property owner’s negligence can be extremely painful. Obtaining the compensation you deserve is crucial to your recovery. Too many people chalk up their accidents to clumsiness when, often, this is not the case. You’re entitled to safe passage when you’re out and about in...

Expert Witnesses in Medical Malpractice Claims

If you’ve been injured by a medical professional or a facility’s failure to uphold the standards set by the medical profession, the physical, financial, and emotional losses you experience can be immense. Medical malpractice claims can be complex, but an experienced personal injury attorney in York, PA, can help you...

Steps to Take Immediately after a Car Accident

Car accidents are hazardous, and if you’ve been injured due to another driver’s negligence, your claim will be unique to the specific circumstances involved. The steps you take following the accident, however, can significantly impact how your claim is resolved, and one of the most crucial steps is consulting with...

How Much Is My Injury Case Worth in Lebanon, PA?

Suppose someone else’s negligence caused you to be injured. In that case, you can seek compensation for the covered losses you experience through a personal injury claim, which is designed to address the physical, financial, and emotional damages you suffered. While obtaining just compensation that reflects the total worth of...

How Is Vehicular Homicide Different from Homicide?

The charge of homicide in Pennsylvania applies to the unlawful killing of another, and it breaks down into murder charges that are classified by degree. Vehicular homicide, on the other hand, is a distinct charge, and understanding the differences between these charges can afford you a clearer view of your...

How Long Can Workers' Compensation Benefits Last?

If you are injured on the job in Pennsylvania, you are almost certainly covered by workers’ compensation, which will afford you specific benefits. If your underlying injury or illness is serious, however, the matter of how long your benefits will last is of critical concern – consult with our experienced...

Steps to Take Immediately After a Car Accident

If you’ve been injured by another driver’s negligence, you can suffer serious losses, and while your case will be unique to the situation at hand, there are specific steps that every car accident victim is encouraged to take. First and foremost, you should seek the immediate medical attention that you...

Steps to Take if Someone is Stalking You

Is someone stalking you? If so, it can be a scary situation. You may be leaving your workplace when you see your ex by your car. Or maybe you see someone pacing back and forth outside your house constantly, and you don’t even know who they are. Stalking is defined...

Underinsured or Uninsured Accident Claims in PA

Every driver in Pennsylvania is required to carry specific car insurance coverage minimums, and drivers who fail to do so make our roadways that much riskier for everyone on them. If you were injured by the negligence of an uninsured or underinsured motorist, it puts you in a difficult position,...

How Do You Know if Someone is Trespassing on Your Property?

If you own a home or property, you want to enjoy it without random people coming over without your permission. However, people do enter a property without authorization for various reasons. They may be looking for something to steal. They may be looking for a spot to hunt or fish....

How Much Is My Case Worth?

If you’ve been injured by someone else’s negligence, you can file a claim – generally with the at-fault party’s insurance provider – for compensation that addresses your covered losses. Every claim, however, is specific to the unique circumstances involved, which means that your claim’s worth will be based on how...

What to Do After an Auto Accident Involving a Pedestrian

Lacking the protection of an enclosed vehicle, pedestrian fatalities in auto accidents are steadily climbing with each passing year. In 2022, pedestrian traffic deaths reached an all-time high of 7,522. Even if you do everything possible to keep yourself safe, this is no match against a careless motorist.  If you...

Most Common Causes of Back and Neck Injuries from Truck Accidents

In 2023, commercial trucking accidents were responsible for over 86,800 injuries and 4,800 fatalities. With an increasing demand for imported goods, our nation’s roads are home to more commercial trucks now than ever. Given the sheer size of a commercial truck, back and neck injuries happen frequently, often necessitating ongoing...

What Should You Do in a Fender Bender if You Don’t Call the Police?

The Pennsylvania Vehicle Code requires that you contact law enforcement following a car accident if there are any injuries or fatalities or if property damage exceeds $1,000. Although you can call the police for a fender bender, with the rapid rate of minor crashes, there is no guarantee that an...

Auto Insurance Coverage Requirements

If you have fallen victim to a car accident, you probably wonder how much money you can receive from insurance. With every state varying slightly on requiring coverage limits, it is enough to make your head spin. Our Harrisburg personal injury attorneys understand auto insurance coverage in the Keystone State...

What are Your Rights as a Passenger Injured in a Car Accident?

We often hear drivers collecting compensation for their injuries following a crash, but not about passengers’ rights. As a passenger in a car accident, you have the right to be assessed by emergency personnel and to hear back from insurance in a certain time frame after filing a claim. Additionally,...

How Do You Determine Fault?

Determining who caused your accident or injuries can be complex, requiring convincing evidence. Suppose you have ever suffered a slip and fall, injuries in an auto accident, or suffered at the hands of a physician. In that case, you may be eligible to receive compensation for your expenses. Our Harrisburg...

What is Vehicular Homicide?

When you think of homicide, you may imagine someone intentionally killing someone. However, vehicular homicide is not an intentional act. But it does mean breaking the law and causing a fatal car accident. Vehicular homicide is a serious crime. It is considered a felony under Pennsylvania law, so you’ll want...

Dos and Don’ts After a Hit-and-Run Accident

A hit-and-run accident occurs anytime a driver hits another vehicle, pedestrian, or stationary object and flees the scene without helping or exchanging information with others. In Pennsylvania, a driver can be criminally charged for a hit-and-run accident. If found guilty, the driver may face fines and jail time. At Mette...

Elder Law Attorney in Bucks County

As individuals age, they face unique legal challenges that require careful planning and expertise. At Mette, we understand the complexities of elder law and provide comprehensive legal services to seniors and their families in Bucks County, Pennsylvania. What Is Elder Law? Elder law encompasses various legal issues affecting older adults,...

When should you report your accident to your insurance company?

If you have ever been in a crash, you may have submitted a claim to your insurance company. Since insurance companies collected over $173 million worth of liability premiums in 2023, most individuals who suffer injuries or vehicle damage expect their insurer to cover their losses. You must understand the terms...

Charges Against Real Estate Agents Dismissed

Victory Announcement: Attorneys James Beebe and James Goldsmith Secure Dismissal of Charges Against Licensed Real Estate Agents We are pleased to announce a significant legal victory achieved by Attorneys James Beebe and James Goldsmith of Mette Law. Representing two licensed real estate agents, our team defended against allegations brought by...

How Much Will My Insurance Go Up After an Accident?

Car accident victims have much more than medical bills and vehicle repairs to worry about following a collision. If you are in a car accident, besides having to pay for accident-related losses, your insurance premiums may increase. This will depend on your circumstances, including the crash’s severity, driving history, and...

What’s an Example of Negligence in a Car Accident?

Whether caused by distraction, fatigue, or a drunk driver, car accidents have one element in common: negligence. Defined as failing to use ordinary care in performing a task, negligence costs the lives of over 42,000 motorists annually. When you exhibit negligent behavior behind the wheel, someone is bound to pay...

If My Injuries Were Caused by Someone Else, Will They Be Held Liable?

Recovering from an accident often involves surgeries, invasive treatments, and follow-up visits with specialists. If you have experienced injuries caused by another person’s negligence, you may feel your future was stolen. Nobody should be placed in financial ruin due to injuries caused by another person.  At Mette Attorneys at Law,...

Should I Take Pictures at the Accident Scene Using My Cell Phone?

Although cell phones have been linked with many distracted driving accidents, a mobile phone can be an asset following a crash. Any personal injury attorney will advise you to take as many pictures as possible at the scene of an accident. Photographs can serve as concrete evidence, documenting your accident-related...

Can I Sue the Auto Shop for Negligence?

While driver negligence is often the cause of car accidents, it isn’t the only cause. Suppose you can draw a direct line from the work an auto shop did on your vehicle to the damage you suffered in a traffic accident. In that case, you can file a car accident...

How Do I Avoid Probate?

Probate is the process by which a person’s will is validated by the court, and a decedent’s property is distributed amongst heirs. This formal process can take several months to several years. Both expensive and time-consuming, there are ways that you can avoid probate, such as allowing your assets to...

Auto Insurance Coverage in Pennsylvania

In 2022, the Keystone State reported 115,938 crashes, resulting in 67,012 people injured. Have you been injured in an automobile collision in Pennsylvania? Did your vehicle also sustain damage? If so, you deserve to be compensated for your damages, including those losses that affect your emotional well-being. If you recently...

Do I Need a Police Report to File an Insurance Claim?

A police report is unnecessary when filing an insurance claim or a personal injury lawsuit, such as if you were injured in a traffic accident caused by another motorist’s negligence. Having a police report can, however, help. If you find yourself in the difficult position of being injured by someone...

Differences Between Independent Contractors and Employees

As of 2023, roughly 16.5 million people, about 10.1% of the workforce, are self-employed. Independent contractors enjoy flexibility, allowing them to set their own hours and be their own boss. While people may marvel at the freedom that comes with being self-employed, being an independent contractor comes with some major...

Do I Have a Claim if I Get Hurt as a Rideshare Passenger?

Uber and other rideshare companies have made getting where we want and need to be more convenient than ever before. Still, if an Uber driver’s negligence injures you, it changes things considerably. The fact is that – as an Uber passenger who is injured in the course of a pedestrian...

Are Unpaid Internships Legal?

With roughly 47% of U.S. interns being unpaid each year, the Department of Labor has relaxed its rules on when an unpaid internship is allowed. In general, an unpaid internship is legal when the intern is a student or receiving academic credit. If the employer is getting the most benefit...

Are There Different Degrees of Assault?

Each state has its own laws when it comes to crimes such as assault. While there are often some similarities, you will want to know the laws and penalties involved if you have been arrested. Pennsylvania recognizes two main types of assault: simple assault and aggravated assault. Here’s a look...

What is the FMLA?

If you are the primary caregiver for a loved one, you may be wondering if you are eligible to take time off work. Signed into law in 1993 by President Bill Clinton, FMLA allows workers to take maternity leave to care for a newborn, to take leave to care for...

What Does It Mean to Be an At-Will Employee?

The State of Pennsylvania is what’s known as an at-will state when it comes to employment, and this causes a lot of confusion for a lot of people. Very generally, this means that employers can fire employees at any time and for any reason – or for no reason at...

Damages Available in Personal Injury Cases

If you’ve been injured in an accident caused by someone else’s negligence, the losses you experience can be immense, and the road to recovery can be exceptionally long. By filing a personal injury claim against the at-fault party, you can seek compensation for a range of covered losses that address...

Steps to Take If I Believe My Employer Is Not Paying Me for the Hours I Am Working?

If you believe that you have unpaid wages, you may feel defeated. Most importantly, you need to know that you are not alone in this predicament. In fiscal year 2023, $274 million in back wages were collected by the U.S. Department of Labor, with 163,000 workers collecting compensation for their...

How Do I Know If I Am Entitled to Overtime?

If you are an employee who is paid by the hour, you are generally eligible for overtime pay anytime you work more than 40 hours in any given week. Because overtime pay comes in at 1.5 times more than your regular pay, it’s important to know when you’re entitled to...

What are the Penalties for Public Intoxication?

Many people enjoy having a few alcoholic beverages from time to time, but being drunk in public is against the law. This is called public intoxication. Basically, a police officer can arrest someone who appears to be intoxicated in public. Signs of intoxication can be subjective, but they typically include...

How Long After an Accident Can You Claim Injury?

If you have been injured by someone else’s negligence, filing a personal injury claim allows you to pursue the compensation you need to effectively address your related physical, financial, and emotional losses. However, it’s important to know that the State of Pennsylvania – like every other state – imposes a...

Does Medicare Cover the Cost of Long-Term Care?

Many people have concerns about how they will afford long-term care if they need it and about whether or not Medicare is an option. Neither Medicare nor Medicare Supplement Insurance covers long-term care, and the same is true of the vast majority of health insurance providers out there. For long-term...

The New Year Brings Increases in Salary Thresholds

The Labor/Employment Team at Mette wants to remind businesses that the threshold for administrative, executive, and professional exemptions under the FLSA rises on January 1, 2025 to $1,128 weekly/$58,656 annually. This change also apply to exemptions under the Pennsylvania Minimum Wage Act. The federal exemption for Highly Compensated Employees has...

What Is a Special Needs Trust?

A special needs trust is a trust document – or a right of property that is held by one party for the benefit of another – that is designed to provide a person with disabilities who is under the age of 65 with additional resources when they need them. Often,...

What is a Medicaid Lien?

When an individual receives benefits through Medicaid, a Medicaid lien may be placed on their home at some point if they still own a primary residence. While the home is exempt when it comes to their ability to qualify, it can be subject to a lien upon their death. Medicaid...

How Do I Know if I Have a Claim?

If you’ve been injured in an accident that you believe was caused by someone else’s negligence, it can leave you feeling very unsure about what comes next. While personal injury claims are legally challenging, the good news is that you may have a valid claim allowing you to pursue compensation...

Differences between SSI and SSDI

Both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) can help those with disabilities support themselves and their families, cover the cost of living and the necessities of life, and pay medical expenses, but they are distinct government programs. Understanding how SSI and SSDI differ from one another...

Dom Giovanniello appointed to the Township Board

Derry Township Appoints New Supervisor Download PDF HERSHEY, PA – Derry Township Supervisor E. Christopher Abruzzo stepped down from his post on the Board of Supervisors officially on September 24, 2024. In anticipation of his departure, the Board of Supervisors solicited applications from interested residents to fill the 14-month unexpired...

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...

What is Considered a Violent Crime in PA?

There are many crimes that a person can be accused of in Pennsylvania. Crimes are generally classified as either misdemeanors or felonies, with misdemeanors being less severe than felonies. Felonies often include violent crimes but can also encompass serious non-violent offenses. Under Consolidated Statutes, Title 42, § 9714, “crimes of...

Differences 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...

What 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...

Attorney 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...

What is a Power of Attorney?

When discussing estate planning, most people think of drafting a will or trust. However, part of estate planning involves planning while you are still alive. For an estate plan to be complete, you should execute a power of attorney. A power of attorney (POA) designates a person who will make...

Can you lose your professional license from a complaint in Pennsylvania?

YES! When your professional license is at risk in Pennsylvania—whether due to a misunderstanding, a false allegation, or a lapse in judgment—it’s essential to understand the gravity of the situation. A single complaint could potentially undo everything you’ve worked for. Pennsylvania’s licensing boards have considerable authority to impose disciplinary actions...

What Should I Do After My Bicycle Accident?

You are enjoying a pleasant bicycle ride when all of a sudden, a motorist strikes you. You stand up, notice that your thighs are bruised, your knees are scraped, and that you have a large cut on your cheek. Otherwise, you appear to be fine. With your adrenaline pumping, you...

What Information Do You Exchange After a Crash?

A car crash can happen in the blink of an eye. One moment, you may be waiting at a stop light, with seemingly the next moment having paramedics standing over you checking for injuries. In the chaos following a collision, after you have been examined, you may forget to exchange...

What are the Penalties for a DUI in PA?

For many people, driving under the influence is no big deal. They do it every weekend and never get caught. Until one day, they do, and they are scared. Now what? Pennsylvania takes DUI offenses seriously. While the law focuses on treatment for first-time DUI offenders, you could still face...

Who is Liable for a Pile Up Accident on a Freeway?

Even if you take every precaution behind the wheel, you may still be injured in a pileup accident at some point. While a pileup accident is a major inconvenience for others on the road, it may result in severe injuries for those involved. While you may think that the motorist...

Attorney Aaron Martin Secures Defense Verdict in Chester County, PA Business Dispute

Attorney Aaron D. Martin of the Harrisburg, PA law firm of Mette, Evans & Woodside recently obtained a defense verdict in a case involved disputed ownership of a business. Mr. Martin’s client had been sued for almost $400,000. Trial was held on March 18, 2024 with the Honorable Bret M....

Your business just got sued…now what?

Your business, the one you and your team have tirelessly built and maintained, has been sued. Now what? You’re not alone Over 99% of businesses in PA are classified as“small businesses”. Unfortunately, statistics also tell us that nearly 50% of these businesses are engaged in an active lawsuit in any...

What Should I Do If Someone Hits Me Who is Underinsured?

There are over 9.1 million licensed drivers in Pennsylvania, with an estimated 7.6 percent of those motorists driving uninsured. Although a troubling figure, thousands more drive underinsured. Underinsured drivers are a cause for concern, resulting in injured motorists not having access to the compensation they deserve. If you were hit...

How May an Employer Monitor Employees in the Workplace?

A recent study revealed that 80 percent of major companies monitor employees’ internet, phone, and email usage. Although companies want to gauge employee productivity, it does come with certain limitations. The standards for workplace surveillance are set by both federal and state laws, safeguarding employees’ rights. In this article, our...

What to do when your license is at risk because of a professional complaint?

Responding to Allegations of Professional Misconduct in Pennsylvania When facing allegations of error, misconduct, or negligence, licensed professionals in Pennsylvania must take the accusations seriously, as their licenses and reputations could be at stake. It’s crucial to understand the administrative process involved in professional license defense and hire competent representatives...

What is End-of-Life Care?

For those who have a terminal illness, spiritual and emotional support is just as important as physical support. Many individuals push off planning for end-of-life care. Sickness and death are a natural part of life. Although a difficult subject, it is important to begin discussing these challenging topics so that...

Driving a Lemon? Understanding PA’s Lemon Laws.

Buying a car involves trust. You’re not only relying on the car manufacturer but also on the dealer to sell you a vehicle that is in good, safe-to-drive condition. If this trust is broken, the consequences can be life-threatening. According to federal statistics, there were over 42,000 automobile deaths in...

How Do I Protect My Assets?

As of 2023, the United States is home to more than 33.1 million small businesses, employing 61.7 million Americans. As a business owner, you want to do everything you can to protect your hard-earned money. Individually, you want to make sure that real property, stocks, and other investments are protected....

How Do I Avoid Estate Taxes?

We all hope to be able to provide our children with a nest egg when we die. While building wealth is at the forefront of many people’s minds, it does come at a cost. While the Commonwealth does not have a separate estate tax for residents, estates of decedents with...

What is Elder Law?

Approximately 62 million people in the United States are over the age of 65-years-old, with this number projected to rise to 84 million by 2054. With such a large number of senior adults, elder law is increasing in demand with each passing year. Elder law encompasses the legal aspects of...

DOL Issues New Salary/Fee Requirements for Exemption from Overtime Employers: Check Your Compensation Schedules

The United States Department of Labor (“DOL”) issued a new salary test regulation for employees in the Executive, Administrative and Professional (“EAP”) classification in order to treat the employee as exempt from payment of overtime. The salary requirement was issued on April 23, 2024, with an effective date of July...

Two Iconic Harrisburg-Based Law Firms Merge

Mette, Evans & Woodside, SkarlatosZonarich LLC Merge to Become Mette HARRISBURG, Pa. (April 29, 2024) – Mette, Evans & Woodside and SkarlatosZonarich LLC, two iconic and dynamic Harrisburg law firms, today announced they are formally merging, effective immediately. The firm will retain the formal name Mette, Evans & Woodside, but...

Attorney 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...

Attorney 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...

Attorney 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...

Attorney 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...

Southern 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...

What 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...

How 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...

The 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....

Navigating 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,...

Mette, 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

How to Contest a Will and Win in PA

Losing a loved one is hard enough. All too often, on top of reeling from a tragic loss, the grief-stricken are also hurt and confused when they are left to wonder why they weren’t fairly included in the will – or worse, wholly omitted. Too often, the will reflects the...

A 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...

October 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)...

Mette, 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...

Mette, 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...

Attorney 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...

R.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...

James 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...

Thomas 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...

Love 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...

College Athlete’s Name, Image and Likeness Law in Pennsylvania

Pennsylvania now joins 12 other states in enacting a law that allows college student athletes to profit from their name, image and likeness. The law, part of the School Code, was signed into law by Governor Tom Wolf on June 30, 2021. The name, image and likeness (NIL) law is...

Have 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...

The 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...

Attorney 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...

Attorney 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...

Mette, 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...

No Good Deed . . .

James L. Goldsmith, Esquire Ridiculous as it may be, some buyers and sellers hook-up without a Realtor®’s involvement. It may be then that you get a call for help. What would you charge to put a simple agreement of sale together covering all the terms the buyer and seller have...

Five Mette, Evans & Woodside Attorneys Named “Best Lawyers”

Three Mette, Evans & Woodside attorneys have been selected by their peers for inclusion in The Best Lawyers® 2021. Attorneys Thomas A. Archer, Timothy A. Hoy, and James A. Ulsh were recognized again this year. Best Lawyers is the oldest and one of the most respected peer review publications in...

Maintenance Agreements Can Help Avoid The Pitfalls Of Shared Driveways

By James L. Goldsmith, Esquire A shared driveway may be an impasse or an obstacle to the sale of property. Why? To a lender the reason is the same as that behind its demand that the title be marketable. The mortgaged real estate is collateral for the loan and the...

Negotiating the Change in Terms Addendum to Agreement of Sale

By James L. Goldsmith, Esquire In a balanced market, and frequently in this seller’s market, properties are sold twice. There is the original offer and acceptance and then there is the renegotiation that follows the inspection reports. When a problem is discovered by an inspection, how should it be handled?...

Mediation – 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®...

State Investigates Licensees Alleged to Have Violated Governor’s Closure Orders

By James L. Goldsmith, Esquire The process of reopening business in Pennsylvania has been a bumpy road and the twists and turns ahead make predictions difficult. Not so the past: we know what was allowed and what not at any particular time. On March 19, 2020, Gov. Tom Wolf ordered...

Social Media & Financial Considerations For Real Estate Professionals Old issues – New times

Old issues – New times By James L. Goldsmith, Esquire Social Media Remember being inundated with solicitations for courses on the essentials of social networking, the rules of media etiquette and the like? Everyone was all over that stuff. Today, when the Commonwealth’s response to the pandemic evokes such vitriol...

Aaron Martin: Amicus Curiae for PA Realtors

FOR IMMEDIATE RELEASE April 6, 2020 Attorney Aaron Martin of Mette, Evans & Woodside has filed an amicus curiae (“friend of the court”) brief in the Pennsylvania Supreme Court on behalf of the Pennsylvania Association of Realtors® (“PAR”). The brief was filed as part of a broader case challenging several...

Conflicts When Listing Realtor Brings a Buyer When A Close Relative Or Friend Wants To Buy Your Listed Property

When A Close Relative Or Friend Wants To Buy Your Listed Property By James L. Goldsmith, Esquire Real estate agents deal with conflicts of interest on a regular basis. Most of you are attuned to spotting and dealing with the conflicts that may arise out of dual agency when you...

Take Notice: Simple Ways Lenders Can Protect Themselves

What does the automaker Honda have in common with Capital One? They both faced multi-million dollar class action lawsuits for alleged violations of Article 9 of the Uniform Commercial Code’s repossession provisions4. Recent lawsuits against both companies alleged that vehicles they financed were repossessed without providing the borrower with notice...

Planning for the End of LIBOR

While every participant in the financial markets knows that the London Interbank Offered Rate (LIBOR) is not guaranteed after 2021, few have taken steps to prepare for LIBOR’s end. Many variable rate notes are pegged to LIBOR as the reference rate; many notes executed today which reference LIBOR will nonetheless...

Mobile Deposit Patent Lawsuit

A United States District Court in Texas recently awarded United Services Automobile Association (“USAA”) a $102.8 million verdict against Wells Fargo in a mobile deposit patent lawsuit filed in August 2018. USAA alleged that the mobile deposit capture technology used by Wells Fargo infringed on USAA’s patent held in the...

Using a Pre-Settlement Walkthrough Report is Recommended

By James L. Goldsmith, Esquire A recent spat between brokers brings focus to this standard form. There is a broker who, like others, requires that all settled transactions undergo a review before the salesperson’s commission is paid. The review assures that management is supervising its affiliates and that glaring errors...

In Memoriam Howell C. Mette

Mr. Mette celebrating his 90th birthday Founder Howell Mette It is with great sadness that Mette, Evans & Woodside announces that Howell Mette passed away on Saturday, January 11, 2020 at the age of 91. Howell was one of the founders of our firm 50 years ago, an outstanding practitioner,...

The Basics of Title Insurance

For many farmers, the winter is a time of reflection on the prior year’s yield and preparation for the growing season ahead. This reflection and preparation phase might involve thoughts of expansion for the upcoming year, whether through the purchase of assets from an older generation as part of the...

New Salary Threshold For Exempt Employees

Effective January 1, 2020 , the salary level for an employee to qualify for the white-collar exemption of the Fair Labor Standards Act (FLSA) has been raised from $455 per week to $684 per week ($35,568 per year). To be exempt from overtime under the white-collar exemptions, employees must: be...

Landlord Tenant Disputes

Attorney Ronald L. Fink handles a wide range of Pennsylvania commercial legal matters and landlord tenant disputes. Learn more about how he assists clients with landlord tenant disputes.

Human Relation (HR) Issues

Human Relations (HR) department often encounter legal questions. Attorney Kathryn Lease Simpson discusses the HR issues Mette, Evans & Woodside can assist with.

Estates & Trusts Fiduciaries

Estates & trusts fiduciary disputes are complicated issues that require expert consultation. Attorney Ronald L. Finck discusses the areas he focuses his practice on and the clients he represents.

Employee Handbook Review

As a Pennsylvania business owner, you probably have an employee handbook. Attorney Kathryn Lease Simpson discusses why it is a good idea to review your handbook for any updates or changes.

Avoiding Employment Issues

Attorney Kathryn Lease Simpson discusses how you can avoid employment issues as an employer. The number one way is through prevention.

Realtors Should Guard Against Discriminatory Practices

Study reveals housing discrimination by real estate licensees By: James L. Goldsmith, Esquire An article that appeared in the New York Times in November 2019 cited study results showing housing discrimination by real estate licensees. Investigators posing as white buyers received different treatment than buyers of color and of other...

Married Or Soon To Be?

By: Kathryn Lease Simpson If you are headed down the aisle or have recently taken that trip, marriage may mean more than just a name change or a change of address. Real Estate: Changing deeds of previously owned property to “tenants by the entireties” a category only available to married...

Addressing Housing Discrimination With Your Real Estate Clients

By: James L. Goldsmith, Esquire While you are committed to uphold the principals of fair housing, you may find the occasional client or customer who hasn’t accepted your pledge. They may ask you to turn your gaze as they engage in unlawful and furtive discrimination; they may ask you to...

Employee Handbook Mistakes

by Kathryn Simpson As a business owner, you probably have an employee handbook (or manual). It may have been drafted by an attorney or perhaps an employee downloaded a template from the internet and adapted it to your situation. Whatever the source or whenever it was done, now is the...

Timely Ordering Of Real Estate Title Report Is A Requirement

By: James L. Goldsmith, Esquire The last major change to the Standard Agreement of Sale for Real Estate (ASR) added the requirement that the buyer order a title report within so many days of execution of the agreement. The reaction to this change was all over the place, but most...

Residential Property Claims – Seller Fails To Disclose Material Defects

Advice for the buyer’s agent By: James L. Goldsmith, Esquire I have been saying it for nearly 40 years and it remains true: most lawsuits involving the sale of residential real property claim that the seller failed to disclose material defects. The seller is usually not the only defendant. The...

Real 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...

Real 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....

Deadline 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...

Attorney Aaron Martin Appointed The Fairness Center Trustee

Attorney, Aaron D. Martin has been appointed a trustee of The Fairness Center, a nonprofit, public interest law firm that provides free legal services to those in disputes with public sector union officials. The Fairness Center’s lawyers handle matters ranging from administrative charges and hearings to the filing of traditional...

Independent 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;...

What 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...

Mette, Evans & Woodside Hosts Breakfast Brief on Cybersecurity

The law firm of Mette, Evans & Woodside is hosting a Breakfast Brief presentation titled, “Incident Response: Managing and Mitigating Risk,” on September 17th at 7:30 am. The presentation, by Attorney Melanie L. Vanderau, will make business owners aware of procedures they ought to have in place to successfully manage...

Referral 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...

Herbruck’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...

Can 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...

Understanding 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:...

Taking 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...

How 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...

Untimely 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...

Attend 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...

Untangling 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...

Matthew 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...

What 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?”...

Working 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...

Working 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...

Mediation 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...

How 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....

Deposits – 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....

Are 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...

For 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...

Getting 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...

Fessing 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...

Does 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...

What’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...

Selling 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...

A 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...

A 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...

Mette, 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...

Simpson 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...

The 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)...

Vituperativeness: 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,...

Expletive 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...

A 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...

The Difference Between An Informal And Formal License Complaint

Attorney James L. Goldsmith covers the difference between and informal and formal license complaint. When faced with either, it is important to have an experienced professional licensure attorney on your side.

Professional License Investigation Process

When you’re the subject of an investigation, it is important to understand the investigation process. Attorney James L. Goldsmith covers all you need to know.

Professional License Complaint What To Do

Attorney James L. Goldsmith explains what you should do if you are notified that you are the subject of a professional license complaint. First and foremost, is to consult with an experienced professional license defense attorney.

How An Attorney Can Help With A Professional License Application

Obtaining your professional license can be a difficult process. Attorney James L. Goldsmith discusses how an experienced professional licensure attorney can help.

Biggest Mistake Licensed Professionals Make Regarding A Complaint

The biggest mistake a licensed professional makes regarding a complaint is going in alone. Attorney James L. Goldsmith discusses the importance of having an attorney on your side when facing a complaint.

Mette, 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...

Communicating 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...

Can 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...

Protecting 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...

Background 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...

Myths 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!...

It’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...

Terminating 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...

What’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...

Take 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...

Your 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,...

There’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....

Mette, 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...

Agricultural 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...

Kathryn 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...

Michael 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....

Victoria 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...

James 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...

Should 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,...

Access 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...

Mette, 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...

Jacob 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...

The 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...

Revised 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...

Use 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...

Year-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...

Advantages 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...

Will 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...

Stacking 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...

Stormwater 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...

Underinsured 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...

Don’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...

Planning 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...

Employer 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...

Should 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,...

The 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...

Legal 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...

Flood 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...

Do 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,...

The 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 –...

Protecting 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...

PA 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...

Oil 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...

Contractor 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...

The 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...