AREAS OF PRACTICE

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Please See The Disclaimers for Hager & Watson, LLC and The PA Bar Association Below.

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Auto Accidents, Injury & Insurance

If you are involved in an accident in which a person is injured or there is damage to the vehicles or other property, you must stop, call the police and give information and assistance. There are criminal penalties, including fines and imprisonment, if you do not stop at the scene of an accident in which you are involved.

Your first duty is to render assistance to anyone injured in the accident, if you are able. You must then notify the nearest police station. You are required to give your name, address, automobile registration number, and insurance or financial responsibility information to other drivers involved in the accident. If the police do not investigate at the scene of the accident, you must notify the police department closest to the accident as soon as possible.

WHAT IS THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY INSURANCE LAW?

The Motor Vehicle Financial Responsibility Insurance Law, effective July 1, 1990, provides basic minimum protection for accident victims. Two types of insurance coverage can be purchased, which are known as limited tort option and full tort option. Those who selected the limited tort option, or those individuals who are bound by someone else's selection of limited tort, may not bring an action for non-economic damages, or "pain and suffering", unless they have suffered a "serious injury". A serious injury is defined by law as a personal injury resulting in death, permanent and serious disfigurement, or serious impairment of bodily function. Those who select the full tort option may bring an action for pain and suffering and all types of injuries.

All motor vehicle owners must prove they have "financial responsibility" to be able to register their vehicles. Financial responsibility means that you, the owner, are able to pay for damages caused by you or another driver of your car. You can show financial responsibility by buying insurance or by certifying to the Pennsylvania Department of Transportation that you can pay for up to $15,000 for injuries to one person in one accident, $30,000 for injuries to more than one person in one accident, and for $5,000 in damages to someone else's property. Insurance is the only practical way for most vehicle owners to meet these requirements.

WHO IS COVERED BY INSURANCE?

Your insurance policy will cover you, the policyholder, all members of your family residing at home, most passengers riding in your car, anyone driving the car with the owner's permission, pedestrians, bicyclists and others not required to buy insurance. This coverage extends to motor vehicle accidents anywhere in the United States or Canada. If you own a motor vehicle but do not purchase insurance, you are not allowed by law to bring an action for damages.

If you do not own a car, or are not covered by a policy of insurance, but are involved in a motor vehicle accident, you will be covered by one of the vehicles involved or by the Assigned Claims Plan. The Plan is maintained and funded by the insurance industry. It will pay medical benefits of up to $5,000, less any payments from workers' compensation or an accident and health insurance policy, but it will not pay for income loss or accidental death benefit.

WHAT COVERAGE IS REQUIRED?

REQUIRED FIRST-PARTY BENEFITS. Generally, you must purchase a minimum of $5,000 medical coverage. Higher levels of medical coverage are available as an option, as are coverages for income loss, accidental death, and funeral expenses. These are called "first party" coverages because any benefits due you and/or anyone covered by your policy will be paid by your own insurance company, no matter who caused the accident.

  • Medical Benefit - You must purchase at least $5,000 coverage to pay for any medical and rehabilitation expenses resulting from an auto accident. If you want to buy more than the minimum $5,000 coverage, you may buy up to $1 million coverage.
  • Income-Loss Benefit - This is an optional coverage. Most plans will provide 80 percent of gross income lost after the first five days of work missed.
  • Funeral Benefit and Accidental Death Benefit - While not required, the law provides that you may purchase up to $25,000 in accidental death benefit coverage and up to $2,500 in funeral benefits. If you already have adequate life insurance, you probably won't need this coverage.

REQUIRED LIABILITY COVERAGE

  • Bodily Injury Liability Coverage - This coverage will pay for the expenses of a person you kill or injure in an auto accident if you are legally at fault in causing the accident.
  • Property Damage Liability Insurance - You must purchase at least $5,000 coverage for property of others that you damage if you are at fault in causing the accident. Such property could include other motor vehicles, telephone poles, trees or buildings. You may purchase more coverage.

WHAT COVERAGE IS OPTIONAL?

Collision insurance will pay for damage to your car caused by a collision with another vehicle or object. Comprehensive physical damage insurance pays if your car is stolen or damaged by such things as fire, flood, falling objects, earthquake, explosion, hail, windstorm, water or vandalism. Collision and comprehensive insurance are usually sold with deductibles. A deductible is the amount of each loss you pay out of your pocket. A high deductible lowers the cost of the coverage.

Two other important optional coverages available for your own protection are uninsured motorist coverage, which will pay you in the event that you are hit by an uninsured driver, and underinsured motorist coverage, which can pay you money if the at-fault driver has inadequate insurance coverage.

HOW CAN I SAVE MONEY ON INSURANCE?

Many insurance companies offer discounts for drivers who have passed approved driver education courses, students who do well in school, people who insure for more than one car on the same policy, and drivers who participate in car pools. There are also discounts for passive restraint systems, such as airbags and automatic seat belts, and for anti-theft devices such as car alarms.

Choosing limited tort will cost less than full tort coverage, although you give up many of your rights to make claims. Increasing your deductible on collision and/or comprehensive coverage will also lower your premium. If you have an older car of relatively low value, you may want to eliminate collision coverage.

WILL MY PREMIUMS BE INCREASED IF I MAKE A CLAIM?

An insurer cannot increase your premium rates solely because you or one of the insureds under your policy made a claim and was paid unless it is determined that you or the insured was at fault.

CAN I SUE FOR INJURIES?

If you have chosen limited tort, you may only bring an action for serious injuries. If you have chosen full tort, you may bring an action for any and all injuries.

WHO PAYS FOR DAMAGE TO MY CAR?

If your car is damaged in an accident, you are entitled to receive money from the person who was responsible for the accident. If your car is slightly damaged, you may wish to recover through your own collision insurance. If the damage is less than $8,000, you can file suit through a district justice. This procedure is explained in another pamphlet in this series entitled, "Bringing Suit Before a District Justice". If the damage to your car is more than $8,000, you must file suit in Common Pleas Court. You will probably need an attorney to represent you. If you were responsible for the accident, contact your own insurance agent.

WHEN SHOULD I CONTACT AN ATTORNEY?

  • if you are injured in an accident;
  • if you wish to file a tort action against the at-fault party;
  • if there is a problem in getting money from your insurance company;
  • if you were at fault in the accident and there is a possibility that the other party will file suit against you;
  • to recover money for property damage.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Workers' Compensation & Work Related Injuries

The Workers' Compensation Act provides for the payment of benefits to workers injured on the job. Injuries include occupational diseases and any aggravation or acceleration of a nonwork-related condition that reduces your ability to work or results in death. Benefits to the employee may occur in the following forms:

  • Weekly compensation to the disabled worker.
  • Related hospital, surgical and medical expenses.
  • Death benefits to a deceased worker's dependents.

WHO IS COVERED BY WORKERS' COMPENSATION?

Workers' compensation applies to all employees with the exception of casual workers performing services not related to an employer's business or persons employed in a limited function. Domestic service workers are also excluded unless the employer has purchased workers' compensation insurance coverage. Corporate officers may elect to not be covered.

WHAT INJURIES ARE COVERED?

All injuries that arise in the course of employment and are related to that work are covered regardless of the worker's previous physical condition. Categorized occupational diseases are also covered as well as aggravations of prior pulmonary difficulties resulting from an employee's continued exposure at the work place.

The law applies to all injuries occurring in Pennsylvania as well as occupational diseases resulting from exposure while working within the state. For claims arising from coal workers pneumoconiosis, silicosis and asbestosis, the Act requires an aggregate employment of at least two years in Pennsylvania during the 10 years prior to disability under certain circumstances.

An employee's negligence will not preclude him/her from receiving compensation for the injury. However, compensation will not be paid for injury or death which was intentionally self-inflicted or the result of an employee's violation of the law. In general, injuries caused by a third person are covered as long as they occur in the course of employment.

IS AN EMPLOYER REQUIRED TO PAY WORKERS' COMPENSATION?

Yes. It is required by law that all employers provide payment of workers' compensation except in cases where employees are not specifically covered. An employee cannot contract away his rights to compensation.

WHEN WILL I RECEIVE COMPENSATION?

Generally, compensation is paid beginning with the eighth day of the disability. Compensation will not be paid for the first seven days unless your disability lasts longer than 14 days. The first payment of compensation must begin later than the 21st day after your employer knew of your injury. If you have not received compensation within that time, you should call the Bureau of Workers' Compensation.

If you do receive a Notice of Compensation Payable, a Temporary Notice of Compensation Payable, or are asked to enter into an Agreement for Compensation, make sure that the description of the injury or disease and all of the statements in the Notice or Agreement are correct. Any corrections should be made through the Bureau of Workers' Compensation.

HOW LONG WILL THE BENEFITS CONTINUE?

Full disability payments will continue as long as the employee is totally disabled. Partial disability may be paid if an injury does not result in complete loss of earnings, but it is generally paid for a period not exceeding 500 weeks. However, for injuries that occur on or after June 24, 1996, total disability benefits may not extend beyond two years. In most cases that do not involve serious injuries, the worker is less than 50 percent impaired according to AMA Guidelines and the employer may obtain an impairment rating exam. If the claimant, after an impairment exam, is found to be less than 50 percent impaired under the AMA Guidelines, benefits will be limited to partial disability. Unless it is established that the claimant has earning power, partial disability is paid at the total disability rate for 500 weeks. Partial disability may also be paid if a claimant returns to work but does not receive earnings equal to the pre-injury wages. The period of payment cannot exceed 500 weeks, which is a little more than 9 2 years.

IF I RECEIVE COMPENSATION, CAN I STILL SUE MY EMPLOYER?

No. Because the law makes the employer responsible for a worker's injuries regardless of the employee's carelessness, the law also provides that employees do not have the right to recover from the employer in any legal action other than workers' compensation. However, if the employer fails to provide for workers' compensation payments as required by law, the employee can sue for damages. If your work injury is caused by a third party, that party is subject to a civil suit.

HOW SHOULD I PROCEED IF I AM INJURED ON THE JOB?

If you are injured on the job or suspect that you have an occupational disease, you should:

  • Report the injury or suspicion of disease immediately to your employer, his/her representative or the person in charge of your job. If you are unable to do so because of the injury, your union representative or another person may notify the employer for you.
  • Report the injury to your union representative or call the Bureau of Workers' Compensation at 1-800-482-2383.
  • Get medical treatment. If you need medical attention, ask for it immediately. Make sure that you report to your physician the time that the injury occurred at work and that you take note of related dates and keep copies of all medical bills. You may go to the physician of your choice unless a list of at least six health care providers has been posted by the employer for workers' compensation purposes. In this case, you must seek treatment form one of these six providers during the first 90 days after your injury. After that time you may go to the provider of your choice, but the provider must file periodic reports to your employer outlining your progress.
  • Act quickly. The law requires that you give notice to our employer of an injury within 21 days of the injury and no later than 120 days after the injury. This means that, if you report the injury to your employer within 21 days, you will receive compensation dating from the day of the injury. If you do not report the injury to your employer until after 21 days but within the 120 day limit, you will only receive compensation dating from the day that you reported the injury to your employer. In addition, you must bring your claim within three years of the date of injury. Failing to meet these time requirements may result in a denial of your claim.

Your employer is required to issue a Notice of Workers' Compensation Denial within 21 days if compensation is not to be paid or, alternatively, a Temporary Notice of Compensation Payable may be used by your employer for not more than six weeks of compensation. If you are denied compensation, you should file a claim petition with the Bureau of Workers' Compensation in Harrisburg or at the nearest district workers' compensation office.

WHAT SHOULDN'T I DO?

Do not sign any incomplete papers. Do not sign any papers or statements unless you completely understand them. Do not sign any written statements about your injury or exposure to disease unless you have a witness, union representative, or your attorney present and you fully agree with the written statements. Always get a copy of any statements you sign. Do not sign any supplemental Agreements unless they correctly represent the current status of your disability. It may also help to have the Supplemental Agreement reviewed by a lawyer. Do not sign a Final Receipt of compensation unless you are fully recovered from your injury.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Unemployment Compensation

Unemployment compensation is insurance which protects you from total income loss if you lose your job through no fault of your own. If you qualify for benefits, you will receive weekly checks and help in locating other employment.

To qualify, you must have worked for an employer who contributed to the Unemployment Compensation Fund, which is administered by the Office of Employment Security of the Pennsylvania Department of Labor and Industry.

In Pennsylvania, employers are required to withhold and submit one-tenth of 1 percent of an employee's wages ($1 per $1,000 earned) to the Department of Labor and Industry.

As soon as you lose your job or your work hours are decreased, you should report in person to the nearest Office of Employment Security and file an application for benefits.

AM I ELIGIBLE FOR COMPENSATION?

To be considered eligible for compensation, you must:

  • have worked for an employer who contributed to the Unemployment Compensation Fund.
  • have earned at least $50 in each of 16 calendar weeks in your base year. "Base year" means the first four of the last five completed calendar quarters prior to the date on which you apply for benefits.
  • have been paid at least $800 in a calendar year quarter and $1,320 in total base- year wages.
  • have lost your job through no fault of your own.
  • be able to and available for work.
  • serve an unpaid period of one week.
  • file a claim for benefits at the Unemployment Compensation section of your local Job Service Office. Job Service looks for job openings and will counsel and refer you to these jobs or to training programs which will make you eligible for available jobs.

Students enrolled in full-time course work may be considered unavailable for work. However, there are certain training courses approved by the Department of Labor and Industry which may permit a trainee to collect benefits.

CAN I GET PARTIAL BENEFITS?

If your regular work hours are reduced because of lack of work, you may be able to receive partial benefits. You can earn up to 40 percent of the weekly benefit rate or $6, whichever is greater, without reducing your benefits. This amount is called the Partial Benefit Credit. Any amount you earn over this in any week will be deducted from your weekly benefit rate to determine the partial benefits to which you may be entitled.

It is important that you report all wages paid or payable, regardless of whether these wages exceed the partial benefit credit. If you don't, you may be disqualified from receiving benefits or you may be subject to fines or imprisonment.

HOW LONG CAN I COLLECT BENEFITS?

Most claimants who remain eligible may receive benefit checks for up to 26 weeks of total unemployment during their Benefit Year, the 52-week period that begins with the date of their application. Some claimants are not entitled to the full 26 weeks of benefits because they did not work enough credit weeks, or weeks in which they earned at least $50, in their base year.

Claimants who have less than 16 credit weeks do not qualify for any benefits. Those with 16 or 17 credit weeks can receive 16 weeks of benefits. Those with 18 or more credit weeks qualify for the full 26 weeks of benefits. There is a federally mandated program which extends unemployment benefits when the percentage of jobless workers covered by unemployment insurance reaches a certain level. The program provides eight or 13 more weeks of benefits for Pennsylvania's unemployed who qualify. You must report to the Office of Employment Security each week to sign up for weekly checks.

HOW IS THE AMOUNT DETERMINED?

The general goal is to pay the unemployed person about 50 percent of what he or she earned when employed, up to the maximum allowed by state law. The maximum varies each year, being based on a percentage of the average weekly wages for all workers in the state during the last fiscal year.

Allowances for dependents may also be made. A dependent spouse is your lawful husband or wife living in your household. A dependent child is your unmarried child (including illegitimate children), stepchild or adopted child under 18 years old, or a child 18 years or over who is unable to engage in any gainful employment because of a physical or mental handicap. In order to receive dependent's allowances, you must have been providing more than one-half of the cost of support for your dependent(s) at the time of your application for benefits.

WHAT WILL DISQUALIFY ME?

You may be denied benefits for a number of reasons. Some of the more common ones are:

  • quitting your job without a valid reason.
  • loss of job due to intentional misconduct, such as frequent and unexcused absence or tardiness.
  • failure to apply for or accept suitable work.
  • unemployment due to participation in a strike.
  • inability or unavailability to work.
  • refusal to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment.
  • receipt of unemployment compensation from another state or from the federal government.
  • Other conditions may affect the payment and amount of your benefits. You must tell the claims interviewer if you are self-employed; have any type of earnings; are receiving any pensions or annuities including Social Security benefits; are receiving vacation or holiday pay; receiving a back wage award; or are a student or are attending any school or training course.

CAN I GET BENEFITS IF I QUIT MY JOB?

In general, no. However, if you leave for a necessary and compelling reason, you may be able to collect benefits. Leaving a job for health or psychological reasons will not entitle you to benefits unless you are available and able to work elsewhere. If you are thinking about leaving a job for health reasons, you should talk about your health problem to your employer and explain your inability to perform your regularly assigned duties.You will not be entitled to benefits if you leave your job because of dissatisfaction with work, inability to get along with supervisors or fellow employees, or desire to seek a better paying or different job.

CAN I COLLECT IF I AM PREGNANT?

Benefits are payable if the pregnant woman does not voluntarily leave her job when she is able to work and suitable work is available. If an employer discharges an employee because of pregnancy, the worker is entitled to benefits if she is otherwise eligible. Benefits may continue after the birth if the worker is able and available to work and otherwise eligible for benefits.

ARE BENEFITS TAXABLE?

All unemployment compensation benefits received have to be reported on your federal income tax return. These may be taxable if your adjusted gross income reaches a certain level. Instructions and income levels are explained in the tax return booklet.

ARE THERE PENALTIES FOR FRAUD?

Anyone who makes false statements or who knowingly withholds information to illegally obtain benefits can be prosecuted. If convicted, the person must repay the full amount and, if repayment is not made, a lien may be filed against the person to recover the money. A fine of up to $200 and 30 days in jail for each check illegally obtained can be imposed. The individual is then ineligible to receive unemployment compensation for one year following the date of the conviction.

WHAT ARE MY RIGHTS?

If you file an appeal, you must continue to report to the local office to file your claim each week as long as you remain unemployed.

HOW DO I FILE AN APPEAL?

Complete an appeal form and file it at the Office of Unemployment within 15 days. You will then be notified of the day, time and place of your hearing before the referee. After the hearing, a written decision will be issued.

If you are not satisfied with the referee's decision, it may be appealed within 15 days of the date of the decision to the Pennsylvania Unemployment Compensation Board of Review. Their decision becomes final on the day it was mailed unless an appeal to the Commonwealth Court is filed within 30 days after the mailing date of the Board's decision.

Your employer is entitled to the same right of appeal if the employer disagrees with a determination of eligibility.

WHEN SHOULD I SEEK LEGAL ADVICE?

If you are denied benefits and file an appeal, you should discuss your case with an attorney before you have your first hearing. Your future appeals may be affected if you do not have legal counsel.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Legacy & Estate Planning

WILLS

WHY A WILL CAN'T WAIT

Statistics illustrate that a majority of Americans die without a Will. Understandably, losing a loved one brings great pain to a family. If that loved one dies without a Will, it can bring many unnecessary headaches - at a most inopportune time. Without a Will, much of what you have worked hard for all your life is left to chance.

WHY DO I NEED A WILL?

A Will is a legal document which helps you put your affairs in order at the time you die. Every adult should have a Will, to outline your intentions regarding your home, money, and other assets (your estate) upon your death.

Your Will should identify who will handle your estate, how your assets will be divided, and who will serve as guardian for your minor children. Attorneys are trained to write Wills which accurately set forth your intentions. A carefully drafted Will prepared by an attorney will ensure that your wishes are clearly stated and will be carried out.

WHAT HAPPENS IF I DON'T HAVE A WILL?

State law deals uniformly with all instances of death without a Will. No considerations are made for the special needs of any individual or family. Your money and possessions will be distributed according to a formula fixed by law, which means that your spouse may have to share assets with other family members whom you may not have named in a Will. Dying without a Will could also lead to your minor children being placed in the care of a guardian appointed by the court ... not necessarily the person(s) that you would have chosen to raise them. That's why it is so important that you provide for the disposition of your property by leaving a valid Will.

HOW DO I GO ABOUT HAVING MY WILL PREPARED?

If you do not have an attorney and want to find one in your area who can assist you in preparing your Will, contact the Pennsylvania Bar Association's Lawyer Referral Service at 1-8000-692-7375 or call your local bar association. Put yourself closer to peace of mind, knowing that your wishes and intentions are clearly outlined in a well- drafted Will.

CAN I WRITE MY OWN WILL?

Some individuals opt to draft their own Will, utilizing standardized kits or computer software programs - instead of having an attorney handle the procedure. While any will may be better than no Will at all, do-it-yourselfers must be cautioned that writing a Will involves judgment and skills acquired only through professional training and experience.

Developing a Will requires knowledge of federal and state tax laws. Standardized Wills may not be drafted properly for Pennsylvania.

A Will that is not skillfully drafted could result in your estate being distributed in a manner contrary to your wishes, and lead to unnecessary legal costs should challenges be raised by disgruntled heirs.

IS IT EXPENSIVE TO HAVE A WILL PREPARED?

There is no set price attached to the preparation of a Will. The fee to prepare a Will which addresses your specific needs will depend upon the complexity of your life situation and your intentions. Most attorneys offer an initial consultation, where they are able to review your needs and to estimate the cost for your Will, based on the information you present.

No matter what the cost, having a properly prepared Will could save your loved ones substantial amounts in taxes and probate expenses down the road. There is no price tag for peace of mind.

I ALREADY HAVE A WILL - SHOULD I FEEL AT EASE?

Ideally, estate planning is not a "once and done" process, but rather an evolutionary process which responds to the changes in your life. A Will should be updated as your life situation changes, such as an increase in the value of your assets, the birth or death of a beneficiary, a marriage or divorce, or a change in estate or tax laws, just to identify a few.

WHAT IF I CHANGE MY MIND ABOUT THE CONTENTS OF MY WILL?

In Pennsylvania, a Will is not filed (or probated) until after a person dies. As a result, you can change or update your Will throughout your life as circumstances require. Its terms are kept confidential until after you die. If you think that a change to your Will is necessary, contact your lawyer for a meeting to review your current intentions.

IS A WILL THE ONLY DOCUMENT I NEED?

To adequately deal with all issues relating to the transfer of property at the time of your death, you may need to undertake more extensive "estate planning". Consideration should be given to the manner in which assets are titled, the estate, inheritance and income taxes that will be due at the time of death, and whether assets should be held in trust or given outright to your intended beneficiaries. Other issues relating to the ultimate disposition and taxation of your estate should also be reviewed.

Although a Will is a good start, in many cases you may want to consider such things as a Living Trust, a Life Insurance Trust, a Durable Power of Attorney and an Advance Health Care Directive (Living Will). All of these documents should be considered and discussed with your attorney so that your estate plan is tailored to fit your individual needs and intentions.

WHY SO MUCH RELUCTANCE TO MAKE A WILL?

Most people have their reasons for not having a Will. None are valid.Many people think they will have plenty of time to take care of it later. Some don't think they have enough assets to worry about a Will. Others assume their family will carry out their wishes after they are gone. Some think that having a Will costs too much to prepare - even though they are not exactly sure what that cost is.

Procrastination frequently sets in, because considering a Will forces each of us to think about death - an uncomfortable topic for many. The greater discomfort is the fear that we have not fully provided for our loved ones. A Will can't wait. Only you can make it happen. Schedule an appointment with your lawyer today.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

LIVING WILLS

Living wills are also refered to as ADVANCE HEALTH CARE DECLARATION.

WHAT IS AN ADVANCE HEALTH CARE DECLARATION?

Also known as a living will, this document is a written statement which allows you to retain control over whether or not your life should be prolonged by the use of artificial means in a case where you are incompetent and have a terminal condition or are permanently unconscious. The statement tells your family and friends of your wishes and instructs your doctor and other health care providers whether or not to medically prolong the process of your dying or keep you in a state of permanent unconsciousness, with no hope of recovery. It is to be followed if you are unable to provide instructions at the time the medical decisions need to be made and allows you to authorize the withholding or withdrawal of all treatment and procedures.

Your declaration should contain specific directions describing the kinds of life- sustaining medical treatments and procedures you wish to be either initiated, continued, withheld or withdrawn, such as those listed in the Pennsylvania Advance Directive for Health Care Act's sample declaration.

Pennsylvania law also provides that your desire to withhold or withdraw medical treatment is not to be considered suicide, euthanasia or homicide.

WHO MAY MAKE A HEALTH CARE DECLARATION?

Any individual who is of sound mind and at least 18 years of age, or who has graduated from high school or is married, may make and sign a declaration. This person is called the "declarant." The declarant may also direct another person to sign the declaration on his/her behalf. Two adults must witness the signing, however, an individual who has signed the declaration on behalf of the declarant my not sign as a witness. A living will does not need to be notarized.

WHAT SHOULD I INCLUDE IN MY DECLARATION?

You should refer to the sample and consult with your physician or other health care providers to learn what kinds of medical treatments and procedures can be included in your declaration. You should also consult with a lawyer to be sure that your declaration is legally binding and includes all necessary information.

Your declaration becomes effective and can be used only after your attending physician makes a written diagnosis that you are incompetent and either in a terminal condition or in a permanent state of unconsciousness. This diagnosis must then be confirmed in writing by a second physician.

MUST A PHYSICIAN COMPLY?

No. However, if a physician or health care provider is unwilling or cannot in good conscience comply with your provisions, he/she must make every reasonable effort to assist in transferring you to another physician or health care provider who will comply. Be sure to discuss your living will with all of your physicians so they will be aware of your wishes.

WILL MY INSURANCE BE AFFECTED?

Under the law, a declaration cannot affect any life insurance policy or health care insurance coverage. You cannot be required to write a declaration in order to buy or keep insurance, and it cannot affect your insurance rates.

WHAT IF I AM PREGNANT?

Life-sustaining treatment, including nutrition and hydration, must be given to a pregnant woman who is incompetent and either terminally ill or in a permanent state of unconsciousness, regardless of whether she has a living will - unless an attending physician and obstetrician find that such treatment:

  • will not ensure a live birth;
  • is physically harmful to the pregnant woman; or
  • causes pain to the woman which cannot be alleviated by medication.
  • If an incapacitated pregnant woman is kept alive by life-sustaining treatment, the Commonwealth of Pennsylvania will pay her expenses, whether or not she has a living will.

MUST I USE THE SAMPLE FORM?

It is not necessary to use the sample form. However, keep in mind that your declaration should be detailed as to specific medical treatment and procedures that you would or would not want. The three most important questions to ask yourself when making a declaration are:

  • what medical treatment do I want to receive or refuse;
  • what other instructions do I want to leave regarding my care; and
  • do I wish to name a surrogate?

Consult with your physician and lawyer to help you make your declaration specific and complete.

CAN SOMEONE ELSE MAKE DECISIONS FOR ME?

Yes. The Advance Directive for Health Care Law permits you to name a "surrogate" and a substitute surrogate to make medical treatment decisions for you if you should ever become incompetent and either in a terminal condition or permanently unconscious.

The preferred procedure is to make your wishes known in a written declaration. You might then want to name a surrogate and instruct him/her to make sure that your written wishes are carried out. Also, be sure that the people you name as surrogates are willing to fill this role and understand your preferences and desires.

WHAT IS POWER OF ATTORNEY?

A health care power of attorney is a written document authorizing someone you name as your agent to make health care decisions for you, in the event that you are unable to speak for yourself or make your own decisions.

It is similar to a surrogate in a living will. However, it pertains to all medical situations, not only those involving terminal conditions or permanent unconsciousness. The document may also contain instructions or guidelines you want your agent to follow. A health care power of attorney is a form of durable power of attorney and must be properly written to authorize your agent to make health care decisions for you. You should consult with your attorney as to the proper preparation of a health care power of attorney.

While the use of an advance health care declaration is limited to decisions about life-sustaining procedures in the event of terminal illness or permanent unconsciousness, a health care power of attorney establishes a person to act as your agent in all health care decisions. Therefore, both documents are important in making sure your health care wishes are carried out in the event that you cannot speak for yourself.

WHAT SHOULD I DO WITH MY SIGNED DOCUMENTS?

Copies of your signed and witnessed declaration and power of attorney should be given to your physician, family, friends, clergy, lawyer and your surrogates. They should be held in safekeeping, preferably with your attorney, until such time that they have to be used. This will prevent their unauthorized use.

CAN I CHANGE OR REVOKE THE DOCUMENTS?

Your advance health care declaration may be changed or revoked by you at any time, regardless of your physical or mental condition, either in writing or merely by telling your attending physician or other person of your wishes, even if you are in a health care institution.

You can also change your power of attorney at any time by notifying our agent or health care provider of your decision. It is best to notify them in writing and to destroy the original documents. Notify your lawyer to assist you in properly handling the documents. Be sure to talk to everyone concerned about any changes and that the most current versions of your documents are in your medical and legal files.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

POWER OF ATTORNERY

Please see the section on living wills.

TRUSTS

We are continually updating this site with the most current legal information. Please check back soon.

ESTATE SETTLEMENT

When a person dies, it is often necessary to follow formal procedures in settling the estate. The process is called Estate Administration. Both state and federal law establish certain requirements that must be followed.

WHAT IS ESTATE ADMINISTRATION?

Administration of estates involves collection of assets, payment of obligations such as debts and expenses and death tax preparation (federal and state) and filing, and distribution of property to heirs and beneficiaries.

WHAT SHOULD BE DONE FIRST?

If you are involved with a person who has died, make sure that their home is secure and nothing is lost or destroyed. In Pennsylvania, other than a spouse, no one can enter a safe deposit box without arranging an inventory for the Pennsylvania Department of Revenue. Shortly after the funeral, an attorney should be contacted by the survivors to discuss the decedents (the deceased person) matters and estate.

The attorney will provide advice, determine whether administration will be required and explain what procedures will be involved. If there is a last will, the person named as executor should protect the original of it and give it to the attorney at the first meeting.

WHEN IS FORMAL ESTATE ADMINISTRATION REQUIRED?

When a person dies solely owning an interest in personal property or real estate, an estate administration usually will be required. In any case, death or income tax matters must be considered.

WHO ADMINISTERS AN ESTATE?

An estate is administered by a personal representative. If there is a will, the personal representative named to serve is called the "executor." If there is no will or if the executor cannot serve, the person who does serve is referred to as the "administrator". The Register of Wills makes the appointment.

The personal representative works with an attorney in complying with necessary legal requirements.

WHAT DOES A PERSONAL REPRESENTATIVE DO?

A personal representative is charged with the actual administration of an estate under Pennsylvania and federal law. A personal representative follows the directions of the decedent, if there is a will or follows the intestate distribution requirements if there is no will. The representative also gathers information about the assets of the estate and the debts, notifies the beneficiaries under the will or the intestate heirs if there is no will, pays all debts and expenses as well as death taxes, and distributes the assets to the beneficiaries or heirs. Often, a personal representative also becomes involved with final income tax matters or assists in the processing of nonprobate assets.

SHOULD I HAVE AN ATTORNEY ASSIST ME?

As a practical matter, it is very difficult for a nonlawyer to adhere to the required procedures in administering an estate without the assistance of an attorney. Although the personal representative selects the attorney for the estate, often the same attorney who prepared the will assists in post-mortem matters.

WHAT HAPPENS DURING THE ADMINISTRATION?

At the beginning, all assets of the estate, including personal possessions and real estate, are inventoried and sometimes physically gathered. All of the beneficiaries (if there is a will) or heirs (if there is no will) are located. They are told that they were named in the will or have a legal right to receive an inheritance. Funeral expenses, debts, state and federal taxes are paid, and necessary tax returns are filed.

Sometimes administration may involve the short-term management of a business or stock in a corporation. There could also be sale of real estate, which was owned by the deceased.

At the conclusion of the administration period, a final accounting of all assets can be presented for approval to the county court or, in appropriate situations, to the beneficiaries for their informal approval and release. After approval, distribution of the balance of assets is accomplished.

WHAT FEES ARE PAID DURING ADMINISTRATION?

In addition to a probate fee and other filing costs, fees are paid to the attorney and to the personal representative for their work. These fees are paid out of the assets of the estate.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Real Estate Purchases, Agreements & Title

HOME SWEET HOME: PROTECTING YOUR PURCHASE

Buying or selling a home will probably be the most important financial decision you will make in your lifetime. It should be a happy and rewarding experience. This pamphlet will provide you with general information about the basics of buying a home and will help you understand how a lawyer can assist you with the complicated legal matters involved in the transaction from beginning to end.

The main rule in approaching the purchase of a home is that you should not sign anything until your attorney, the person trained to advise you, has explained everything to your understanding.

WHO WILL BE INVOLVED?

When you buy a home, you will come into contact with a variety of specially-trained people. In most cases, the real estate agent will be your first contact, then your lawyer, your banker and, in some cases, a title officer. It is important to understand the functions of these people so you can determine whether you are being treated fairly and properly.

WHAT IS THE REAL ESTATE AGENT'S ROLE?

Unless you buy directly from the owner, the first person you will come into contact with will be the real estate agent, who is trained to help you find a home. You should remember that the agent is a professional salesperson who is generally under contract with and receives a commission from the seller. Therefore, the agent is representing the seller's interests in selling the home to you. The circumstances do not change even if there is more than one agent involved, because they still receive their share of the commission from the seller that they will earn only if the sale takes place.

WHY DO I NEED A LAWYER?

Your lawyer should participate in all phases of the transaction to help you in dealing with the other people involved. Your lawyer will explain to you the different phases of the transaction. There are many times when legal documents are prepared by the real estate agent. Remember, the agent does not represent you. Only your lawyer is ethically and legally bound to give you objective, unconflicted advice and loyalty in the transaction. Any document requiring your signature should be reviewed by your attorney. This is true regardless of what the document is or how it is described to you. In some instances, your lawyer may also provide additional services.

WHAT IS THE AGREEMENT OF SALE?

The foundation for the purchase or sale of a home is a document called the Agreement of Sale. It is a very important document that you will sign, in that it sets forth all of the terms and conditions of the purchase. Frequently a preprinted form is used for the agreement by the seller's realtor, and the precise terms are added by completing blanks on the form. Agreements of sale contain detailed legal language which is often hard to understand. Your lawyer is specially trained to provide you with the explanation you need and will be able to point out other factors you might wish to consider.

For example, you should be aware of the kind of deed you will receive. A deed is the evidence of your title to the property. You will also want to be sure that your obligation to buy is conditioned upon the type and amount of financing you want with terms you are sure you can afford. Your lawyer can make sure that unnecessary charges are eliminated from the transaction and also can help you avoid the problem of having to move out of your present residence before you are able to move into the new one. Other terms that your lawyer will assist you in providing for in the agreement include:

  • The dates and amount of payment required
  • The settlement date
  • A list of household items to be included in the sale
  • A statement about what happens if the property is damaged or destroyed before settlement
  • Damages to be paid if the agreement is broken by either party

This list is not complete, but it does show how important it is to be thorough before the agreement is signed. Only your lawyer has the duty to worry about these and other details so that they do not become problems later. Remember, once you sign a document, it is too late. Unfortunately, many times a buyer will sign without fully understanding the terms of the agreement. Before signing, make sure you understand everything!

HOW SHOULD I OBTAIN A MORTGAGE?

A mortgage is a loan, which is usually made to you by a bank, savings and loan association or other financial institution. Unless you are going to pay cash for your home without borrowing, a financial institution will help you obtain a mortgage and show you what you will actually pay for your home over the term of the mortgage. Your lawyer can also assist you in obtaining a mortgage to fit your needs.

In general, the mortgage market is competitive. This means that by shopping around for a mortgage, you may be able to save money. Your lawyer will be able to explain the procedures for obtaining a mortgage, as well as different types and rates of interest, "points" and legal documents involved. You may want to ask your lawyer or financial institution about alternative means of financing. These include, among others, seller financing or retaining seller's current financing.

WHY IS A TITLE EXAMINATION NECESSARY

Before settlement, the title should be examined to determine whether there are any liens, encumbrances or other potential clouds on the title. Also, most institutions providing a mortgage will require that you purchase title insurance if you borrow more than 80% of the property value.

In some areas, the title examination or title search is done by your lawyer. In other areas, the search is done by a title insurance company. The buyer pays for the title search and for the title insurance. Your lawyer will examine it to determine that you will receive proper and legal title to the property. Only a lawyer is qualified to evaluate the legal implications that may arise as a result of the title examination.

WHAT DOES A TITLE OFFICER DO?

In many parts of Pennsylvania, the title officer, who works for a title insurance company, is the person who will conduct the closing or settlement for your new home. It is the practice in other areas, however, for your attorney to handle the settlement for you.

WHAT DOES THE SELLER HAVE TO DISCLOSE?

The Real Estate Seller Disclosure Law took effect Aug. 30, 1996. Intended to make potential buyers aware of any material defects, this law requires a seller to complete a detailed disclosure form regarding the condition and structural soundness of the property that is for sale. The law also stipulates that sellers can be held liable for related damages if they fail to disclose defects they know about. This law applies to properties that are for sale both through a real estate agent and by the owner.

On the form, sellers are asked to provide detailed information about such areas as the installation and repair of the roof, gutters and downspouts; water leakage; termites and dry rot; shifting or movement of walls and foundations; additions and remodeling jobs; water, sewage and plumbing; heating and air conditioning; the electrical system; all appliances included in the sale and many other things including condominium or association assessments and mine subsidence, if applicable.

WHEN DO I RECEIVE TITLE TO THE PROPERTY?

The final stage in the purchase of property is called the closing or settlement. The closing may be held in the office of the title insurance company, in your attorney's office, or at the bank or financial institution that provided the mortgage. At closing, the terms of the Agreement of Sale will be carried out, the mortgage documents will be signed, the title, in the form of a deed, will be transferred to the buyer, and the seller will be paid.

There are many documents to be signed and many others to be reviewed. Your lawyer will attend the settlement with you to help you understand exactly what takes place and to protect your interests should any problems arise prior to or at the settlement.

WHAT EXPENSES ARE INVOLVED?

Your lawyer can explain to you what expenses are involved, in addition to the purchase price. Among them are:

  • Cost of title examination and title insurance
  • State and local transfer taxes
  • Adjustments for property taxes and other items already paid for by the seller Your lawyer's fees Charges imposed by the institution providing the mortgage, including "points" (a percentage charge for the mortgage) and fire and homeowner's insurance, Recording costs for the deed, mortgage and any other required filings.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Wrongful Death

When a family loses a loved one, it is an extrememly difficult time for those left behind - especially when the death is the fault of someone else. Pennsylvania Law allows certain survivors to recover money damages for their loss of the loved one's society, companionship, and consortium as well as for the pre-death pain, suffering and emotional losses of that person no longer with us. While money can not replace what is lost, it may help those survivors through their difficult time and add financial security to fill the void that is left. We represent family members who have lost loved ones to injuries sustained - in workplace, home, and auto accidents and from defective products and services. We work for those families to hold persons and businesses responsible for the consequences of their actions.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Unfair Trade Practices & Consumer Warranty

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Pharmeceutical Litigation

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Personal Injury

People are often injured by the nature and condition of the property they are on because that property is in a condition which contains dangers that are not obvious and known to them. "Slip and Fall" refers to a variety of circumstances under what is known as "premises liability". The law requires that property owners take certain measures to ensure the safety of people upon that property. These accidents can occur at a business, a public area or even at the home of a friend or family member and catch people off guard. They can occur outside or indoors. Slip and fall accidents can be the result of moisture or ice build-up, faulty flooring or carpeting, or even a general deterioration, such as a crack or pothole, in the condition of a walkway, parking lot or floor. Many of these falls cause serious and lasting injuries that require months or years of medical treatment. If you have been injured at as a result of a slip & fall, contact Hager & Watson at 412-894-7190 to set up a free consultation to determine if you are entitled to compensation.

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Family Law

DIVORCE & SEPARATION

Grounds for divorce in Pennsylvania can be either NO-FAULT or FAULT. Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months. Then you must prove that there are grounds, or lawfully acceptable reasons, for a divorce.

If a divorce is by MUTUAL CONSENT and both parties sign Affidavits of Consent to it, the court will grant a divorce three months after the service of the complaint on the other party. If only one spouse wants a divorce and the parties have been separated for at least two years, a divorce may be granted if the court determines that the marriage is irretrievably broken. Both of these are NO-FAULT grounds for divorce.

Before someone can obtain a FAULT divorce, two things must be proven. First, that he or she is Ainnocent and injured, A or not at fault, and second, that misconduct by the other spouse has caused a breakdown of the marriage. Allowable grounds for FAULT divorce are specified by law, such as violence, bigamy, adultery, desertion, conviction of a crime or insanity.

WHAT IS A LEGAL SEPARATION?

Technically, there is no such thing in Pennsylvania as a "legal separation". Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home. Under some circumstances, you may be considered separated even though you and your spouse are still living in the same residence.

CAN I STOP MY SPOUSE FROM ENTERING OUR HOME?

Your spouse has a right to be on and in the property that you both own or rent unless a court decides otherwise. If you lock your spouse out, he or she may be able to take appropriate action to regain entry to the property.

WHAT IF MY SPOUSE HAS ABUSED ME?

If there has been actual or threatened abuse, your spouse may be ordered by the court to leave your residence and to stay away for up to one year. Another pamphlet offered by the Pennsylvania Bar Association, "Protection from Abuse," deals more with this issue.

WHAT IS THE ROLE OF A LAWYER?

If you and your spouse are having marital problems, your lawyer can assist you in three areas. First, an attorney will advise you of your legal rights and duties. Second, he or she will help to bring about an agreeable settlement of the legal disputes which arise between you and your spouse as a result of separation or divorce. Finally, your lawyer is your representative in enforcing your rights in a court of law or in defending you if your spouse files an action against you.

WHAT IS A SEPARATION AND PROPERTY SETTLEMENT AGREEMENT?

After a husband and wife separate, especially if they intend to divorce, it is desirable for them to enter into a written agreement to provide for:

  • division of real estate and personal property;
  • support, if any, payable to the dependent spouse and children;
  • responsibility for debts and legal fees;
  • health and life insurance arrangements; and
  • custody and visitation of children

Also included are many other items which set forth the mutual rights and duties of the two people. This agreement is a contract, but may be enforced as though it is an order of the court. Certain provisions in the agreement concerning child custody, visitation, and child support can later be modified by the court if circumstances change. The agreement is written by the attorneys representing you and your spouse following negotiations.

WHAT HAPPENS TO REAL ESTATE WE OWN?

Most married couples own their real property as "tenants by the entireties". This form of joint ownership means that neither spouse can sell the property during the marriage without the consent of the other. Upon divorce, however, unless the parties have a written agreement providing for the division of the property, the court has the power to divide the property based on equitable principles. This means that the court will take many factors into account when arriving at a fair division, although that does not always mean that the property will be divided equally.

The court takes into consideration both spouses' economic and non-economic contributions to property acquired during the marriage. If neither you and your spouse nor the court divide the property, then the nature of your ownership automatically changes after divorce and you both become "tenants in common."

WHAT IS MARITAL PROPERTY?

The Divorce Code provides that all property acquired by either spouse during the marriage, with certain exceptions like gifts and inherited property, is marital property, regardless of in whose name the property is held. It should be noted that the increase in value during the marriage of gifts, inherited property, and premarital property which remain in one party's name, will also be considered marital. Marital property, if not divided in the separation agreement, may be divided equitably by the court.

WHO OWNS THE HOUSEHOLD GOODS?

Household items, such as drapes, carpets, furniture and appliances are generally not titled in either spouse's name. Unless you can show a different intent, the law treats all such property as being jointly owned and used for the benefit of both spouses, regardless of who actually paid for it. As part of the divorce, the court may consider these things as marital property and distribute them accordingly.

WHAT ABOUT BANK ACCOUNTS?

No matter whose name is on the account, you are both owners of the funds. If one spouse draws all of the money out of an account, he or she may have to account to the other for the money, no matter who originally put the funds into the account or if the account is titled in only one name. As part of the divorce, the court may consider the bank accounts as marital property and equitably divide the funds, regardless of whose names were on the accounts.

WHAT IF I DON'T WANT A DIVORCE?

If the divorce is on no-fault grounds, the only defenses are showing that you have not lived apart for two years or that the marriage is not irretrievably broken. In a fault divorce, your spouse must be "innocent and injured" to establish grounds. If you are able to prove that this is not the case, you may be able to prevent the divorce. You can also attempt to prove that the facts claimed by your spouse are false. There are certain other defenses that may apply in specific situations. You should discuss with your attorney what courses of action might be available.

WHAT WILL BE IN THE FINAL COURT ORDER?

When the court issues a Decree of Divorce, the order may include other matters if they were raised in the proceeding by either spouse. These include disposition of marital property and other property interests; child custody and visitation; child support; alimony; and enforcement of agreements voluntarily entered into by the parties.

CAN THE COURT REQUIRE COUNSELING?

Yes. The court may require up to three counseling sessions with a qualified counselor within a three to four month period in the following cases:

  • indignities are used as grounds for the divorce and counseling is requested by either person;
  • either no-fault ground is used and counseling is requested by either person; and
  • in certain cases where there are children of the marriage under 16 years old.

WHO PAYS THE ATTORNEY'S FEES?

The court has the power to award preliminary counsel fees to the dependent spouse. In addition, in the final order, after the property rights of the parties are determined, the court could direct the parties to pay their own costs and fees, or it may divide the costs and expenses equitably between the parties. Payment and recovery of costs and attorneys' fees are matters to be discussed with your lawyer during the initial meeting.

WHAT IS AN ANNULMENT?

An annulment may be sought for marriages that are by law invalid or which may be declared invalid by a court. Marriage is a contract, and if either individual was unable to enter the contract because of intoxication, being under age, or fraudulent inducements, the court may determine that no contract of marriage ever existed. If you think an annulment may be appropriate in your situation, discuss the matter with a lawyer.

HOW CAN I HELP MY CHILDREN?

Keep children out of the conflict! The problems should be worked out between you, your spouse, and your attorneys, not through your children. Also, children often feel that they are the cause of the problems and must be reassured that this is not the case. These are very difficult times for you and your family. Do not be afraid to get help from family and friends or by asking your attorney for names of professional counselors or therapists.

A videotape that addresses problems your family may face with divorce and custody entitled "Children First: Custody, The Courts and Your Family," had been developed by the Pennsylvania Bar Association Young Lawyers Division. To request a copy, call 800-932-0311.

WHAT SHOULD I DO IF SERVED WITH A DIVORCE COMPLAINT?

A divorce action is like any other lawsuit. It begins with a complaint filed in court and served on the person against whom it is filed. If you receive a divorce complaint, you will have 20 days to respond. If you do not respond, the divorce may proceed without you being represented or having your rights protected.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

CUSTODY

WHAT TYPES OF CUSTODY ARE THERE?

There are two types of custody - Physical custody and Legal custody. Physical custody refers to the physical possession and control of the child.

Legal custody refers to the right to make major decisions (such as educational, medical, religious) on behalf of the child.

There are four types of physical custody:

  • Primary
  • Partial
  • Visitation
  • Shared

Primary physical custody refers to the party with whom the child primarily resides.

Partial physical custody refers to the right of the other party to take the child away from the primary custodian (usually for nights, weekends, vacations, etc.).

Visitation is the right of a parent to visit (usually supervised) with the child at the child's primary residence or another location, but does not include the right to remove the child from the primary custodian's control.

Shared custody is when the parents alternate physical custody of the children to assure regular, frequent contact with both parents.

Legal custody is most often shared between the parents, as both parents should consult before making major decisions on behalf of the child. It is rare that one parent is granted sole legal custody of a child.

DO I HAVE TO CONSULT THE NON-CUSTODIAL PARENT BEFORE I MAKE DECISIONS?

When making major decisions on behalf of the child, the non-custodial parent must be consulted if there is an order giving the parents shared legal custody of the child. Even if there is no custody order, the non-custodial parent should be consulted; major decisions should be made by the parents together. If the parents are unable to make a decision concerning a major issue, either parent may file a petition seeking an order from the court.

Each parent is permitted to make normal day-to-day decisions on behalf of the child, while the child is in the parent's physical custody.

DOES THE NON-CUSTODIAL PARENT HAVE ACCESS TO THE CHILD'S MEDICAL AND SCHOOL RECORDS?

Each parent is entitled to be provided access to the child's medical, dental, school and religious records. There is an exception in certain abuse cases when the child's address needs to remain private.

IS THERE A RELATIONSHIP BETWEEN SEEING THE CHILDREN AND PAYING CHILD SUPPORT?

Even if a parent is not complying with a support order, if there is a custody order allowing him/her to see the child, the parent must be permitted to exercise custody of the child. If there is a problem with the support, the parent should file a support complaint, a petition to modify, or a contempt petition. If a person who is obligated to pay support is not seeing the child, the person must still pay support. If there is a problem with the custody, the parent should file a custody complaint, a petition to modify or a petition for contempt.

WHEN IS A CUSTODY ORDER MODIFIABLE?

A custody order is modifiable when a change in the custody arrangement is in the best interest of the child. There need not be a specific change of circumstances. The parent seeking to modify the order must show why the present order is no longer in the child's best interest.

WHAT IF THE CUSTODIAL PARENT WANTS TO MOVE FROM THE AREA WITH THE CHILD?

If there is a custody order in effect, the parent seeking to move with the child must file a petition for permission to relocate the child and, if the terms of the custody order must change, a petition to modify custody.

If there is no custody order in effect, the parent with whom the child lives should notify the other parent within a reasonable amount of time of the desire to move. If the non-custodial parent objects, the custodial parent will have to file a complaint for custody and a petition to relocate.

Before the child is permitted to move, a hearing must be held as to whether the move is in the child's best interest. The burden of proof is on the parent seeking to move the child. When deciding whether the move is in the child's best interest, the court will consider the reasons for the move, the impact of the move on the child and the moving parent, the reasons why the other parent is objecting to the move, and the availability of adequate, alternate custody arrangements if the move is permitted. If the non-custodial parent does not consent to the move, he/she should file a petition seeking to prohibit the planned move of the custodial parent until after a hearing is held as to whether the move is in the child's best interest.

WHERE SHOULD THE ACTION BE BROUGHT IF THE NON-CUSTODIAL PARENT AND I LIVE IN DIFFERENT STATES (OR COUNTIES)?

The action should be brought in the home state of the child. This is the state (or county) in which the child has lived for the preceding six months. There are exceptions:

  • If it is in the child's best interest that the action be brought in another state (or county) and the child and at least one parent have significant contacts within that state;
  • If the child has been abandoned;
  • If it is necessary to protect the child from mistreatment, abuse or neglect.
  • If the child was absent from the custodial parent's home state because someone wrongfully removed or kept the child, the custody action can still be brought in the custodial parent's home state.

WHAT CONSTITUTES AN EMERGENCY WHEN SEEKING IMMEDIATE CUSTODY OF A CHILD?

An emergency exists when the child's life, health or welfare is in immediate danger.

WHAT RIGHTS DO GRANDPARENTS HAVE IN A CUSTODY CASE?

A grandparent may file a petition for physical and legal custody of a grandchild if the grandparent's relationship with the child began with the consent of the parents or by an order of court. The grandparent must also have assumed the responsibilities of the parent for 12 months or more, or the child must be at risk due to abuse or neglect. The court may give a grandparent custody where it is not in the child's best interest to be in the custody of either parent, and it is in the child's best interest to be in the custody of the grandparent.

If the parents have been separated for 6 months or more, if there is a divorce action pending, or if the child has resided with the grandparents for 12 months or more, the grandparents may obtain partial custody or visitation rights. If a parent is deceased, the parents of the deceased parent may also obtain partial custody or visitation rights. The grandparents' partial custody or visitation must be in the child's best interest and must not interfere with the relationship between the child and the custodial parent.

WHAT ARE THE FACTORS IN A CUSTODY DETERMINATION?

The standard in a custody action is the child's best interest. Therefore, all factors and information concerning the child and the parties, which legitimately impact the child, are relevant. The weight given to each factor in any case will depend upon the unique facts and circumstances of that case.

HOW MUCH WEIGHT OR EFFECT IS GIVEN TO THE CHILD'S PREFERENCE?

The child's preference is one of many factors. The weight given to the child's preference will depend upon the child's age, competency, and the reasons, communicated by the child, for the child's preference.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

VISITATION

Please see section on child custody.

ALIMONY

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CHILD SUPPORT

A GUIDE TO CHILD SUPPORT IN PENNSYLVANIA: YOUR KIDS COME FIRST

Recent Changes Affecting Those Who Pay or Receive Support

The guideline amount of support has increased. Even if income levels have not changed, the support order may be higher under the new guidelines. The cost of health insurance now will be shared by the parties in proportion to their income. The person receiving support will have to pay $250 per person, per year before requesting contribution from the person paying support toward uninsured medical expenses. Once this amount has been paid, then the parties will pay uninsured expenses in proportion to their income. The medical expenses subject to this provision include surgical, optical, dental and orthodontia. If a court specifically orders, then the provision also could apply to cosmetic, chiropractic, psychiatric or psychological expenses. The cost of daycare will be shared by the parties in proportion to their income. Reductions may be made in the amount of guideline support when the children spend at least 40 percent of the total overnights with the person obligated to pay support. Support payments are no longer collected by counties. They are collected by a central agency in Harrisburg, PACES.

HOW DOES THE OBLIGATION TO PAY CHILD SUPPORT ARISE?

Both parents must contribute to the financial support of minor children. When parents separate, the court may direct that child support payments be made to the person with whom the children live. Child support continues until the children graduate from high school or reach age 18, whichever happens last. Pennsylvania law does not permit entry of a court order for the support of a child who is in college unless the parents agree to such an order.

WHERE AND HOW DO I OBTAIN CHILD SUPPORT?

The right to receive child support begins with the filing and service of a complaint and not before. Parents (or other persons with whom the children are living) who want child support may contact the domestic relations office in their county for help or may contact an attorney.

It is helpful to have certain information available at the appointment for preparation of a support complaint: the home and work address of each parent, the social security number for each parent and each child and the date of birth for each parent and each child. Information about the income of each parent also may be helpful.

Within weeks after the complaint is filed and served, a conference will be held in an attempt to help the parties reach an agreement as to support. If an agreement is not reached, a recommendation will be made for a monthly amount of support. This recommendation will be entered as an order of court, effective as of the date of the filing of the complaint. Either party may appeal the recommendation, but the support order will be enforced pending the appeal hearing.

HOW MUCH SUPPORT WILL I RECEIVE OR WILL I HAVE TO PAY?

In most cases, the amount of support is determined by the Pennsylvania Support Guidelines. The guidelines are based on studies of how much income parents spend on children in intact families. To apply the guidelines, the court officials will calculate the gross and net income of each parent.

The definition of gross income for support purposes is very broad. Some of the types of income are all wages, overtime pay, bonuses, rental income, retirement income, Social Security, workers compensation and unemployment compensation, and other sources of income may be included as well. Net income also is defined by law. To find net income, the court officials will subtract from gross income: federal, state and local income taxes, Social Security and Medicare payments, mandatory retirement contributions and union dues. If a person does not have any income but is capable of working, the court will estimate the amount of income the person could earn and apply the guidelines as if the person did have income.

In addition to the base support, the court may order parties to make other payments to assist with specific expenses such as daycare costs, health insurance premiums, private school tuition and mortgages. An attorney can help you estimate amounts that you may receive or that you may be ordered to pay.

ONCE A SUPPORT ORDER IS ENTERED, CAN IT BE CHANGED?

Yes. If there has been a significant change in the income of either party or in the circumstances of the case, then the court may modify the amount of support. To request a change, a petition to modify should be filed. Contact the domestic relations office for help with the petition. Writing a letter or making a phone call is not the same as filing a petition and may not protect your right to an increase, decrease or termination of the order.

WHAT HAPPENS IF THE SUPPORT ORDER IS NOT PAID?

As a matter of routine, support orders are paid by voluntary and involuntary wage attachments. If the support cannot be collected by wage attachment, then other enforcement alternatives may be used. Some of these are: being sent to jail or fined at the conclusion of a contempt of court hearing, suspension of state-issued licenses to drive, hunt, fish or engage in other activities, reports to credit bureaus, liens on real estate and interception of federal income tax refunds.

IS THERE A RELATIONSHIP BETWEEN SEEING THE CHILDREN AND PAYING SUPPORT?

The person paying support must comply with the support order even if the other person is not complying with a custody order. If there is a problem with the custody, file a custody complaint, petition to modify or petition for contempt. The person receiving support must comply with the custody order even if the other person is not complying with the support order. If there is a problem with the support, file a support complaint, petition to modify or petition for contempt.

I WANT TO SEE RECEIPTS SHOWING THAT THE SUPPORT IS BEING SPENT FOR THE CHILDREN. WILL THE COURT REQUIRE THIS?

No. You cannot ask to see receipts as part of the child support proceedings. The law presumes that the support is used to help provide all things a child needs, including a home, food, clothing and social activities. The person who receives support will not have to provide receipts.

CAN I RECEIVE A CREDIT AGAINST THE SUPPORT ORDER IF I BUY MY CHILD SHOES, GIFTS, ETC.?

No. You must pay the support order, and anything additional you provide for the children will not be credited against that order.

WHO GETS TO CLAIM THE CHILDREN FOR TAX EXEMPTIONS?

IRS regulations say that the person with whom the children live has the right to the exemption for the children no matter how much support is being paid, unless the parties agree otherwise. There are tax forms that must be signed if the custodial parent is willing to transfer one or more exemptions to the other parent.

WHAT HAPPENS TO THE SUPPORT ORDER IF ONE OF THE PARENTS QUITS WORK?

If the court finds that a parent has, for the purpose of affecting the support order, quit work, rejected overtime, been fired for cause or taken a lower paying job, then the court will hold that person to the income previously established. If the evidence shows that the payor quit work to avoid support, then the court will not reduce the order and may use enforcement tools to require full payment of the order. If the evidence shows that the payee quit work to obtain an increase in support, then the court will not increase the order.

WHAT IF THE PARENT WHO OWES SUPPORT LIVES IN ANOTHER STATE?

There are systems in place to help people find parents and to obtain, modify and enforce support orders when the two parents live in different counties or in different states.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Protection From Abuse

If you have been assaulted, contact your local police department. If you need to file for a protection order and the courthouse is closed or a judge is not available, papers may be filed before a district justice or Municipal Court Judge.

Domestic violence services are offered in every county in Pennsylvania. These services include crisis hotlines, shelters and legal advocacy. Your local domestic violence hotline is available 24 hours a day, and a counselor may be able to help you seek a protection order.

WHAT IS ABUSE?

Under the Protection From Abuse Act abuse is defined as any of the following:

  • Attempting to, or intentionally or recklessly causing bodily injury, serous bodily injury, rape, spousal sexual assault or involuntary devise sexual intercourse with or without a deadly weapon;
  • Placing another, by physical threat, in fear of serious bodily injury;
  • False imprisonment, as defined under the crimes code;
  • Physically or sexually abusing minor children; and/or
  • Stalking a person and placing that person in reasonable fear of bodily injury.
  • The Act does not cover emotional or mental abuse.

WHO CAN FILE FOR PROTECTION UNDER THE ACT?

You can file for protection if the person who has or is trying to harm you is:

  • or was your spouse;
  • or was living with you in a common-law marriage or as your boyfriend/girlfriend;
  • the parent of your child;
  • your child;
  • or was a sexual or intimate partner;
  • your parent; or
  • related to you by blood or marriage.

An adult or a minor living on his/her own can file for a protection order. If the abused person is a minor, then a parent, adult household member or guardian ad litem can file on behalf of the child.

HOW AND WHERE CAN I FILE FOR A PROTECTION ORDER?

Filing procedures are different in every county. Call Hager & Watson for help. Should time not permit, please contact your local crisis hotline, domestic violence shelter or legal services office for more information on the filing procedures in your county.

HOW DO I RECEIVE A TEMPORARY PROTECTION ORDER AFTER FILING A PETITION FOR PROTECTION FROM ABUSE?

After filing a petition for protection from abuse, a judge will review the case to determine if a temporary protection order should be granted. If the judge believes that abuse has occurred, he/she will issue a temporary protection order and schedule a hearing that will be held within 10 days.

HOW IS THE ABUSER NOTIFIED OF THE TEMPORARY PROTECTION FROM ABUSE?

The abuser must be served with notice of the temporary protection order and the hearing date. Generally, the sheriff's department or a local law enforcement agency will serve the court order on the abuser. Once the abuser is served, he/she can be arrested for violating the terms of the court order.

HOW DO I GET A FINAL PROTECTION ORDER?

A hearing will be held, and the judge will listen to the facts of your case. If the judge agrees that abuse has occurred, a final protection order will be issued for up to one year.

WHAT PROTECTION WILL I RECEIVE?

A protection from abuse order can:

  • direct the abuser to not abuse, threaten, harass or stalk you;
  • direct the abuser to stay away from the house or apartment where you live, even if that is also the abuser's home;
  • direct the abuser to stay away from your school or where you work;
  • direct the abuser to refrain from harassing you or your relatives;
  • prohibit the abuser from having any guns or gun permits;
  • direct the abuser to pay you for losses resulting from the abuse. These could include medical bills and lost wages;
  • direct the abuser to attend a batterer's counseling program (depending on your jurisdiction); and
  • allow the judge to grant any other relief deemed necessary to bring an end to the abusive situation.

Any order entered by the court can be made for a period of up to one year. The court can also award you temporary custody of your children and may grant you temporary support for yourself and/or the children of the abuser.

WHAT HELP IS AVAILABLE AT NIGHT, ON WEEKENDS OR WHEN THE COURTHOUSE IS CLOSED?

In case of an emergency or if you've been assaulted, contact your local police department. If you are in immediate and present danger of abuse, a petition for protection from abuse may be filed with a district justice. If the hearing officer believes that you are in immediate danger, he/she can grant you an emergency protection from abuse order. The hearing officer will then advise you on what procedures need to be followed to obtain a final protection from abuse order.

WILL MY PROTECTION ORDER BE ENFORCED IN ANOTHER COUNTY?

Yes. The Pennsylvania State Police maintains a registry of all protection from abuse orders issued throughout the Commonwealth. A court will enforce a valid protection order that is issued in another county and recorded in the Pennsylvania State Police Registry.

WHAT IF THE ABUSER VIOLATES THE ORDER?

You should immediately call the police and report the violation. A police officer can arrest the abuser, even if he/she does not witness the abuse. After an arrest, the officer must take all weapons used or which were threatened to be used during the violation of the order or during prior incidents of the abuse. An abuser charged with the contempt of a protection order can face criminal charges for the acts committed that were in violation of the order. After a hearing, the court can find the abuser in contempt and sentence him/her to prison for up to six months and/or fined up to $1,000.

WHAT IF I WANT TO LIVE WITH THE ABUSER AFTER RECEIVING A FINAL PROTECTION ORDER?

Any provision that an abuser must not abuse the victim(s) remains in effect even if the parties are living together. However, either you or the abuser should file papers with the court asking the court to change the order to read that the abuser may live with the abused, but still must not abuse the victim(s).

DOMESTIC VIOLENCE PROGRAMS.

Domestic violence services are offered in every county in Pennsylvania. These services include crisis hotlines, safe homes or shelters, legal advocacy, community education, counseling, systems intervention, transportation, as well as information and referral. A domestic violence counselor may be available to help an abused person to seek a protection order. Your local domestic violence hotline is available 24 hours a day, and all services are confidential. For more information, look in the blue pages of your local phone book.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Criminal Defense

As a former district attorney, attorney William Hager has handled a wide range of criminal matters. The law offices of Hager & Watson, LLC, will use this valuable experience and knowledge to ensure that your legal rights as an accused are protected under the law.

CRIMINAL LAW

A criminal record could cause problems in an employment opportunity, even if you have been only charged once for a crime. Sometimes even the least serious crimes may prevent you from obtaining certain types of employment or could cause you to lose your job. Also, a charge can be used against you if you are charged for a crime again in the future.

WHAT IS A CRIME?

A crime is an action which is against the law or ignoring an action which is required by law. Committing a crime can subject you to penalties such as fines, imprisonment or both. The more serious the crime, the more severe the penalty. Crimes are divided into three major groups: summary offenses, misdemeanors and felonies.

Summary offenses include most traffic violations, disorderly conduct and first- offense shoplifting. Summary charges are brought against a person through a citation from a police officer (as in the case of most traffic violations) or by a summons from a district justice to appear and answer to charges.

If the person charged wants a hearing, it is held by the district justice. If that person is found guilty and a fine or prison sentence is imposed, he/she can appeal the decision to the Court of Common Pleas in the county where the charge was filed. The appeal must be made promptly or the opportunity to appeal will be lost.

Another possibility for the handling of summary offenses recently has been put into effect. This procedure is know as Accelerated Rehabilitative Disposition, or "ARD". Prior to a hearing in a summary offense matter, you should discuss the possibility of ARD with your lawyer.

Misdemeanors and felonies are more serious types of crimes. Misdemeanors include driving under the influence of alcohol or drugs, assault and some types of theft. Charges such as robbery, burglary, rape and murder are examples of felonies.

In cases of misdemeanor and felony charges, there will be a preliminary hearing before a district justice. This is not a trial. The district justice does not determine guilt or innocence in cases of misdemeanors or felonies, but determines only if the Commonwealth is able to make out a charge that should be tried in court. If so, the trial is then held in the Common Pleas Court of the county where the charges are filed.

WHAT IF I AM STOPPED BY A POLICE OFFICER?

Police may ask you to identify yourself or question you briefly without arresting you. They may also issue a citation to you for a summary offense. If an officer takes you into custody or otherwise deprives you of your freedom, informs you of your rights or that you are under arrest and indicates that you are being held for a crime, you have been arrested.

It is a crime to resist arrest by the police. The officer may use reasonable force if necessary to make the arrest. You should not resist an officer arresting you or interfere in the arrest of another person. If you think that your rights are being violated, remember exactly what is being done and tell your lawyer about it as soon as possible.

WHEN CAN THE POLICE CONDUCT A SEARCH?

Not all police searches require a search warrant. If you consent or allow police to search you or your property, they do not need a warrant and any evidence found may be used against you.

If you are arrested, the police do not need a warrant or your consent to search. Prior to an arrest, police may conduct a "pat-down" to determine if a person is carrying a weapon. A warrant or consent is not necessary for this search. Also, after an arrest, police are allowed to "frisk" a person to determine whether he/she is carrying weapons or other illegal items. Police are also permitted to search the immediate area. A warrant or consent also is not needed in what are called "exigent" circumstances. Exigent circumstances arise when police officers are faced with what reasonably appears to be an emergency demanding an immediate search. This may happen when valuable evidence would otherwise be lost or damaged or when a suspected criminal is likely to escape before a warrant can be obtained. In any of these situations you should not obstruct or resist a search.

There are other instances in which the police are not legally required to obtain a warrant or your consent prior to a "search and seizure". If you feel that the police have improperly searched you or your property, you should discuss the matter with a lawyer.

WHAT IF I AM CHARGED WITH A CRIME?

When you are charged with a crime, especially a misdemeanor or felony, you have certain rights. The two most important rights you have are the right to remain silent and the right to have a lawyer present at all stages of the process. You should be aware of these rights and remember them. They apply not only after you've been charged with a crime, but even if you believe you are suspected of having committed a crime. The most important things to remember when you have been charged or think you will be charged of a crime are:

  • Be aware of your rights.
  • Be courteous and respectful to the police and the court. They will understand if you choose not to discuss your case since it is your right.
  • Make arrangements for bail as soon as you can. You may use the services of a bondsman or you may post bail with your own money or real estate, or that of a friend. Registered bondsmen may charge for posting bail. However, if you use your own money or real estate, or that of a friend, when you have complied with all appearances and the trial is completed, your money will be returned and the real estate will no longer be subject to your appearing in court.
  • Do not give up the right to a preliminary hearing unless your lawyer advises that you do so.
  • Listen to your lawyer. If you are told not to discuss your case with anyone, follow the advice.
  • If you are arrested for driving under the influence of alcohol or drugs, you may be asked to take a breath test, blood test or urine test. You have the right to refuse such tests, but if you do you will lose your driver's license for one year. The police officer should tell you that you do not have a right to have a lawyer present or to discuss the request for a test with a lawyer prior to the time that you must answer the request.

WHY SHOULD I BE CONCERNED BY CRIMINAL CHARGES?

A criminal record could cause problems in an employment opportunity, even if you have only been charged once for a crime. Sometimes even the least serious crimes may prevent you from obtaining certain types of employment or could cause you to lose your job.

Also, a charge can be used against you if your are charged for a crime again in the future. For example, an earlier charge may be used in a presentence report and may result in a more severe sentence for the current crime. In addition, in such cases as shoplifting, the first conviction is recorded and should you be charged for the same crime again, you will no longer face a summary charge but will be charged with a misdemeanor, which carries a more severe penalty.

For these reasons, you should realize that a criminal charge is serious not only because of the punishment which you may receive now, but also because of the affect it may have upon your future. Because a criminal charge is so serious, it is important that any criminal charge be handled properly.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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DUI/DAI

Our attorneys will provide legal assistance if you have been charged with a DUI or DAI to protect your rights under the law.

Pennsylvania is cracking down on Driving After Imbibing,"DAI" (formerly known as DUI) offenders. Signed on September 30, Act 24 of 2003 is a comprehensive overhauling of Pennsylvania’s DAI law.

The most advertised change is the lowering of the BAC limit from .10 to .08%.

In addition to lowering the BAC limit, the new legislation establishes three penalty categories for DAI offenders, mandates that repeat offenders have ignition locking systems installed on their cars for a minimum of one year, and provides timely and direct avenues for treatment for drivers who are diagnosed with real addiction problems.

Act 24 also increased the sanction for refusing a chemical test from a 12-month suspension to an 18-month suspension for drivers with prior DAIs or chemical test refusal suspensions on their records.

Being charged with a DUI or DAI presents challenges that our attorneys will assist you with in order to protect your right to drive a vehicle and to remain out of jail. We will work with the courts, law enforcement and, most importantly, directly with you to examine the nature of the charges against you and determine possible defenses.

There is a great deal that occurs prior to your appearance befor a judge and we strongly encourage you to contact Hager & Watson as soon as possible so that we can begin on your case and ensure that no important deadlines pass.

For more preliminary information on the Commonwealth's Drinking and Driving laws, please visit PADUI.org.

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Social Security

The technical name for Social Security is Old Age, Survivors and Disability Insurance. It is the federal government's program for providing income, in the form of monthly checks, when a worker's earnings stop or are reduced due to retirement, disability or death. It is a required retirement program for everyone who works, and payments are deducted from each paycheck a worker receives.

A worker's spouse, including common-law spouses, and dependant children, including illegitimate, adopted and stepchildren, may also be eligible for benefits. Unmarried grandchildren who are under the age of 18 or who are full-time students may be eligible for benefits if they can be shown to be dependent on the income of a grandparent.

RETIREMENT BENEFITS.

Those born before 1938 will be eligible for full Social Security benefits at age 65 years. Beginning in 2003, the age at which full benefits are payable will increase in gradual steps from age 65 to 67 years of age. You can begin to receive benefits as early as 62 years of age. However, your benefits will be reduced by five-ninths of 1 percent for each month in which you request to receive benefits before your "full" retirement age.

AM I ELIGIBLE FOR BENEFITS?

Whether or not you qualify for Social Security benefits and the amount depends upon your date of birth, the type of benefit for which you are applying and, most importantly, your past earnings. To obtain a detailed personal estimate of your Social Security benefits, contact your Social Security office.

WHAT IF I DO NOT QUALIFY?

If you have not worked long enough to be eligible for Social Security benefits, you may qualify for Supplemental Security Income, or SSI. To be eligible for SSI you must:

  • have an income level at or beneath that identified for eligibility;
  • be living in the U.S. legally and be a U.S. citizen; and
  • be 65 years of age or older or blind or disabled.

Children may also be eligible for SSI if their income and assets are below the limit required and they are disabled. SSI also has a program to assist individuals in returning to work. Contact your local Social Security office for information on SSI.

DISABILITY BENEFITS.

When a worker becomes severely disabled, monthly benefits can be provided for the length of the disability. To receive social security disability benefits, you must have a physical or mental impairment which is expected to keep you from being able to perform any substantial employment for one year or you must have a physical condition which is expected to result in your death within one year. Disability benefits can commence at the sixth full month of disability and the spouse and dependent children may also be eligible for benefits.

Social Security disability rules are different than those of other private plans or government agencies. If you qualify for disability benefits from some other plan, this does not automatically mean that you qualify for Social Security disability.

SURVIVORS BENEFITS.

When a worker dies, benefits can go to certain family members as monthly payments if sufficient credits were earned while working. If sufficient credits were earned, a special one-time payment of $255 is payable after death. This benefit is payable only to a widow(er) or minor child.

MEDICARE

Medicare is a hospital medical insurance program under Social Security. Those eligible are people 65 and older and disabled people under 65 who have been entitled to disability benefits for at lease 24 months. Medicare is also available to those insured workers and their dependents who require dialysis treatment or kidney transplant due to permanent kidney failure.In some cases, a monthly premium must be paid for Medicare benefits. If you are 65 or older or under 65 and severely disabled and you do not have Medicare coverage, you should contact your Social Security office for information.

DIVORCE.

When a worker receives Social Security benefits, his/her divorced spouse, aged 62 or older, may be entitled to benefits if 1) the marriage lasted at least 10 years; 2) the spouse is unmarried; or 3) the spouse is not eligible for an equal or higher benefit on his/her own or someone else's Social Security record.

If a deceased worker was divorced, the surviving spouse can get benefits at age 62 years, or at age 50 years if disabled, if 1) the marriage lasted at least 10 years; 2) the spouse is unmarried; or 3) the spouse is not eligible for an equal or higher benefit on his/her own Social Security record or someone else's.

HOW DO I GET BENEFITS?

You will not receive benefits automatically. If you believe that you are eligible, file an application by mail or in person at your nearest Social Security office. Some claims have time limitations so you should act quickly. You should contact the office when:

  • Someone in your family dies.
  • You are unable to work because of injury or illness expected to last a year or more.
  • You are 62 or older and plan to retire.,
  • You are within three months of age 65, even if you don't plan to retire.

WHAT IF I AM TURNED DOWN?

If you filed a claim and believe that the decision was not correct, you may have the decision reconsidered. If you are turned down again, you may request a hearing before an administrative law judge of the Bureau of Hearing and Appeals. At this point, you should contact an attorney. At a hearing before an administrative law judge, it may be necessary to present complicated medical evidence. It is also important that the first hearing be properly handled in the event that a later appeal to a federal court is necessary. An attorney familiar with Social Security law will be able to assist you in making sure your case is presented and handled to your best benefit.If the administrative law judge's decision is unsatisfactory, you may request a review by the Appeals Council. If you are still not satisfied, you may take your case to federal court.

The Social Security office can explain how you should appeal and will assist you in having your claim reconsidered or in requesting a hearing. There is a no charge for any of the appeals before the Social Security Administration. However, if you choose to have an attorney represent you, the attorney will charge a fee, which is limited and subject to approval by the Social Security Administration.

HOW CAN I FIND THE NEAREST SOCIAL SECURITY OFFICE?

Information concerning Social Security is available 24 hours a day toll free by calling 800-325-0778 between 7 a.m. and 7 p.m. on business days.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Landlord/Tenant

The Pennsylvania Bar Association recommends the following guidelines when renting a home or apartment.

RENTING A HOME

A written lease should include:

  • names and addresses of both the tenant and the landlord (the person who owns the property);
  • term (length of time) of the lease;
  • rent amount and payment terms;
  • amount of security deposit;
  • renewal terms;
  • notice required to end the lease;
  • person responsible for paying utility bills and other expenses; and
  • duties of both the tenant and the landlord in relation to the property, such as who is responsible for repairs.

It is very important that you read and understand a lease completely BEFORE you sign it. Do not sign unless you agree with all the provisions. This will be a written contract.

WHAT IS A RESIDENTIAL LEASE?

A lease is an agreement between a landlord and a tenant concerning the rights and duties of each. In the agreement, the landlord gives possession of an apartment, house or property to the tenant in exchange for rent, which is usually money, but can be property or services, given to the landlord by the tenant. In the residential lease, the tenant has both the use and possession of the property.Please note that different laws may apply to mobile homes.

IS A VERBAL AGREEMENT EFFECTIVE?

Yes. A verbal agreement is valid in Pennsylvania if it is a typical residential lease and is for less than a three-year term. However, it is usually better to have a lease in writing. Without a written lease, the parties to it may disagree about the terms and conditions. If a lease is for a period of more than three years, it must be in writing.

DOES A WRITTEN LEASE HAVE TO BE IN A SPECIAL FORM?

No, but it does have to be written in "plain language." Pennsylvania law requires that all written residential leases be easy to read and understand. For example, there can be no "fine print" and simple everyday words must be used throughout the document. When the lease says that a tenant is to give up certain legal rights, the language used must clearly state what rights are being given up and what could happen to the tenant as a result.

It is a violation of the law for a landlord to require a tenant to sign a lease that does not conform to the plain language law. However, if a tenant does sign a residential lease that is not in plain language, the lease is still effective and the tenant must still abide by all the agreements in the lease. If this happens, the tenant may have the right to bring a suit in court against the landlord for special damages or to prevent enforcement of any provision not written in plain language.

WHAT IS A SECURITY DEPOSIT?

A security deposit is a sum of money given to the landlord, usually before a tenant moves in, to protect the rented property from any damages that may occur during the time of the lease or for unpaid rent.

CAN A SECURITY DEPOSIT BE REQUIRED?

Yes. A landlord has the option of requiring a security deposit. During the first year of a lease, the deposit cannot exceed the amount of two month's rent. During the third and subsequent years, the landlord must deposit all sums over $100 in a special interest-bearing account and annually pay to the tenant a portion of the interest earned on that account.

WILL THE SECURITY DEPOSIT BE RETURNED?

When the lease ends or the tenant returns possession of the property to the landlord, the tenant should ask the landlord in writing for the return of the security deposit, as well as give the date the tenant is moving and a forwarding address. The tenant should keep a copy of this letter. Within 30 days after the end of the lease or within 30 days from the time the property is returned to the landlord, whichever comes first, the landlord must either return the entire deposit or send the tenant an itemized list of damages and deductions from the deposit, together with the balance, if any.

If the landlord does not provide such a list or does not return the appropriate deposit, the tenant has certain rights, including the right to file suit against the landlord for up to double the amount of the deposit. If the tenant receives a list of damages and believes the list is wrong, the tenant may also be able to sue the landlord. For more information on filing suit before a district justice, see the Pennsylvania Bar Association pamphlet,"Bringing Suit Before a District Justice."

ARE THERE RESTRICTIONS ON RENT INCREASES?

Unless the rental unit is under a special government program or subject to governmental rent control, the amount of rent is not limited. A landlord may increase the amount of rent at the expiration of the term of the lease. While the amount of notice required is not specified by law, the landlord should give at least 30 days notice of any increase in rent, or as the lease provides.

WHAT IF THE LANDLORD DOESN'T MAKE REPAIRS?

Most written leases specify who is obligated to make ordinary repairs. If you sign a written lease, read it carefully. Quite often it will state that the tenant is responsible for ordinary repairs.

However, under Pennsylvania law, every residential lease includes the landlord's implied warranty of habitability (livability), which is part of the agreement even if it is not included in writing. This means that, if the rental property needs repairs or is unsafe, the tenant must notify the landlord and the landlord is obligated to repair the condition so that the property is habitable.

If the landlord does not make the repairs within a reasonable amount of time, there are specific rules about what the tenant may do. The tenant may be able to pursue several actions, including moving, repairing the defect and deducting the cost from rent payments, or getting a court to order the landlord to repair the defects. The tenant should consult an attorney before deciding which of these actions is appropriate, if any. The tenant should also keep records of contacts with the landlord about these problems.

CAN A TENANT BREAK A LEASE?

If there is a month-to-month lease, either the landlord or the tenant can terminate the lease at the end or a monthly period. Even if the lease does not require it, the tenant should give the landlord at least 30 days written notice of moving.

If there is a written lease, the lease itself usually states the amount of notice the tenant must give the landlord before leaving. If the tenant moves out before the lease expires or without proper notice, the tenant may be legally liable for paying the remaining rent due under the entire term of the lease.

If the tenant wishes to end a lease without giving the proper notice, the tenant should talk with the landlord to try to reach an understanding which will be agreeable to both parties. Otherwise, the tenant should discuss the matter with an attorney before breaking a lease or violating the terms of it.

HOW CAN A TENANT BE EVICTED?

If the lease term ends or a tenant breaks the lease agreement, the landlord can evict if the tenant does not move voluntarily. However, while the tenant is in possession of the property, the landlord does not have the right to change the locks, move the tenant's belongings from the leased property, or turn off the utilities to force the tenant out of the leased property. The landlord must go to court and use legal process.

In the absence of some other agreement between the parties, the landlord must give the tenant a written notice. If the eviction is for failure to pay rent after demand, the notice must be at least 10 days. If the eviction is for any other reason, it must be 15 days for a lease of a year or less or 30 days for a lease of more than a year. If the eviction is solely for nonpayment of rent, the tenant can avoid an eviction by paying the rent owed and court costs, at any time before the eviction actually takes place.

DOES A TENANT HAVE TO PAY RENT IF AN EVICTION NOTICE IS RECEIVED?

Probably. In general, as long as a tenant remains in the apartment or house, rent must be paid to the landlord, even if an eviction notice has been received.

WHAT IF AN EVICTION ORDER IS ENTERED?

The tenant has the right to file an appeal, but must do so within 10 days of the date of the district justice judgment. If the tenant wants to remain in the home during the time of the appeal, the tenant must also pay either three month's rent or the amount of rent the district justice finds due, whichever is less, plus ongoing rent during the appeal. A tenant who is a victim of domestic violence may only have to pay ongoing rent. A tenant who wants to file an appeal should consult an attorney.

WHAT IF BACK RENT IS STILL OWED?

Even if the term of the lease has expired and the tenant's security deposit has been taken, the tenant remains responsible for any back rent or damages that are still owed to the landlord. The landlord can use further legal process to collect what is owed. If legal action is taken by the landlord, the tenant could lose property, including money in banks and motor vehicles.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Small Claims

More and more frequently parties and their lawyers are exploring alternatives to litigation to resolve a dispute without the need for a judge or jury. This trend toward solving problems outside the litigation process is called Alternative Dispute Resolution or "ADR". Two important ADR processes are arbitration and mediation. For more information on mediation, see the Mediation pamphlet prepared by the ADR Committee of the Pennsylvania Bar Association.

Arbitration is similar to a court trial except there is no jury. The arbitrator (or panel of three arbitrators) is a neutral body who listens to all sides and decides the case based on the evidence presented by the parties and their lawyers. An arbitration hearing is less formal than a trial and the presentation may be streamlined. This procedure is usually simpler, faster and less expensive than litigation in a full-blown court setting.

WHY WOULD I CHOOSE ADR OVER LITIGATION?

Litigation is an entirely adversarial process. Typically, once a lawyer is hired, the parties themselves stop talking to each other and the lawyers employ litigation strategies designed to present their client's case in the way most advantageous to the client and most likely to favorably influence a judge or jury. Litigation is time consuming, and in some jurisdictions it can take years to get a trial date.

WHY WOULD I CHOOSE ARBITRATION OVER LITIGATION?

Arbitration is similar to a court trial except there is no jury. The arbitrators (or panel of three arbitrators) are neutrals who listen to all sides and decide the case based on the evidence presented by the parties and their lawyers. An arbitration hearing is less formal than a trial and the presentation may be streamlined. This procedure may be simpler, faster and less expensive than litigation in a full-blown court setting.

WHAT KINDS OF CASES ARE ARBITRATED?

There are different ways to have a case arbitrated. In Pennsylvania all civil lawsuits involving a claim for money damages only and for $50,000 or less must be heard by an arbitration panel of three lawyers chosen from the local county bar association. Their decision is filed in the courthouse, and if a party disagrees with the finding of the panel that party may appeal the decision to the court. This is called an appeal "de novo".

By law some cases must first be privately arbitrated. These involve public employees (such as state or local municipal workers and those working for school districts) as well as cases involving uninsured or underinsured motorists. Your lawyer will explain the process and will represent you if you must appear before an arbitrator or arbitrators in a similar situation.

Arbitrations may also take place privately by agreement of the parties before an arbitrator or panel of arbitrators who have been mutually selected. The result is kept confidential and is generally binding. This means you may not appeal the decision except in very limited circumstances. Many businesses include clauses in their contracts to arbitrate disputes in order to take advantage of a generally quicker and less expensive procedure than litigation.

HOW DOES ARBITRATION WORK, AND WILL MY LAWYER REPRESENT ME?

Even though arbitration is less formal than a court trial there are procedures to be followed, both before a hearing and during the presentation of evidence. Your lawyer plays an important role in the arbitration, and he or she will explain to you the process and what you must do to be prepared. Generally your lawyer will give an opening statement explaining the nature of the dispute and what the evidence is expected to show. Then the party bringing the case will testify along with any other witnesses for that side. The lawyer for the other party will have an opportunity to ask questions of these witnesses. The process repeats itself for the party defending against the claim. After all the evidence has been presented the lawyer for each side will usually give a closing statement to sum up the case. The arbitrators (if there was a panel) will meet privately after the hearing to review the evidence and must give a decision within a specified amount of time.

WHAT TYPES OF DISPUTES ARE APPROPRIATE FOR ARBITRATION?

In addition to those matters which must by law be arbitrated almost any kind of dispute where the parties want to avoid a formal court trial is appropriate. Parties can decide prior to a dispute arising that they will arbitrate in that event, or they can make that decision after a controversy has developed. Cases which may decide constitutional rights or challenge or advance an important legal precedent may not be appropriate but most business, neighborhood, consumer, personal injury and some family and environmental cases may be arbitrated.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Citations & Magistrate Hearings

TRAFFIC VIOLATIONS & SUMMARY OFFENSES

A summary offense is any minor crime, initially heard and decided by a district justice. Many violations of the Motor Vehicle Code, such as speeding, illegal parking and going through a red light, are summary offenses. However, driving under the influence of alcohol or drugs is not a summary offense, it is a misdemeanor, which is a more serious crime. Non-traffic summary offenses include disorderly conduct, underage drinking, harassment, criminal mischief, and first offense shoplifting.

HOW ARE SUMMARY OFFENSES ENFORCED?

Most summary crimes are enforced by a citation issued by a police officer to the person who is charged with committing the offense. Normally, the citation is handed to the person charged by a police officer who has observed the incident. If no officer was present, or if, for any valid reason, the officer decides not to issue the citation at the scene, a citation/summons may be sent by mail.

In certain circumstances, a police officer may arrest someone, take him/her into custody and then before a district justice. In that case, a hearing can be requested. The hearing may be held immediately or at a later time, for which the district justice may require security to guarantee that person's appearance. A citation will still be prepared and given to that person.

WHAT IS A CITATION?

A citation contains a brief statement of the facts of the incident, how the law was violated, and a specific statement of the section of the law that is supposed to have been violated. It also contains instructions on what must be done to respond to the citation.

The instructions on the citation must be followed. Generally, if you receive a citation, you must within 10 days either plead guilty and pay the fine, or plead not guilty and request a hearing. If you fail to respond to the citation as instructed, you can be arrested and brought to court and, in cases involving traffic citations, your license may be suspended.

WHAT IF SOME OF THE INFORMATION IN THE CITATION IS WRONG?

If the incorrect information is minor, such as a misspelled name, the wrong color or model year of a car, the mistakes will probably not invalidate the citation. If, however, the mistakes are major, such as listing the wrong section of the law claimed to have been violated, then the citation may be invalid if prejudice can be shown.

WHAT IF I DO NOT RESPOND TO A CITATION?

If you do not answer a citation within 10 days, you can be arrested. This arrest is usually made by a local constable. When the constable appears with the arrest warrant, you can avoid arrest by:

  • paying the amount of the fine plus an additional $5 and costs as security for your appearance at a hearing;
  • pleading guilty and paying the fine and costs.
  • The constable will return the warrant and the security money to the district justice, who will then send out a notice of the date and time of the hearing to you and the police if a not guilty plea has been made. If you do not pay the security money to the constable, you can be arrested and taken before the district justice.

WHAT IF I REQUEST A HEARING?

When you request a hearing, the district justice will send notices to you and the police of the date and time of the hearing. You have the right to be represented by your own lawyer at the hearing, but you do not usually have the right to be represented by a public defender or a lawyer appointed at public expense if your conviction will only result in a fine.

At the hearing, the police officer and other witnesses for the prosecution will testify, then you or your attorney may ask questions of the police or others who testify against you. You can then produce your own witnesses and testify yourself if you wish to do so. The police or district attorney can question you or any of your witnesses. The police can then introduce any additional evidence to contradict or disprove what you or your witnesses said. Finally, each side is given the opportunity to make any concluding statements or arguments to the district justice.

The district justice will then decide the case. If you are found not guilty, all security you posted will be returned to you. If you are found guilty, the security will go toward paying the amount of the fine and costs.

WHAT IF I FAIL TO APPEAR AT THE HEARING?

Once you have requested a hearing, it will be held whether you are there or not, unless a continuance has been allowed by the district justice. If, in your absence, you are found guilty, the security money will go toward paying the fine and costs. If the security is not enough to cover the total amount, you will be ordered to pay an additional amount. If you are found not guilty, the security money will be returned to you.

CAN I APPEAL?

If you are found guilty of a summary offense, you can appeal to the Common Pleas Court in the county where the district justice is located. You must appeal within 30 days by filing a form obtained from the district justice or Clerk of Courts. When the case is tried in Common Pleas Court, you will have a completely new trial. The police generally do not have the right to appeal if you are found not guilty by the district justice.

FOR MORE INFORMATION.

Some information about handling summary charges can be obtained from the office of the district justice where the citation is filed. The citation will include the name and address of the district justice. That office, however, cannot provide legal advice concerning the case.

If you want further advice about handling a summary charge, you should contact a lawyer. The immediate aid of a lawyer is advisable whenever a person is charged with a traffic summary offense. A conviction may result in the assignment of points or a suspension/revocation of a driver's license. A conviction on a driver's record may also affect a driver's insurance rates. The aid of an attorney is also warranted in many cases involving non-traffic summary offenses.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Appelate Practice

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Commercial & Business Planning

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Bankruptcy

Bankruptcy is a legal proceeding in federal bankruptcy court when a person who has more debts than he or she can pay seeks relief from those debts. The right to file bankruptcy exists under the law. Bankruptcy may appear on a person's credit record for 10 years and may interfere with that person's ability to get credit. However, a person contemplating bankruptcy may already have a poor credit rating and, in some cases, bankruptcy may actually improve his or her ability to get credit, since many of the person's former debts will have been dismissed. Your local credit bureau may be able to provide information about the policies of lenders and creditors in your area with regard to bankruptcy and obtaining credit.

WHAT IS BANKRUPTCY?

The most common type of bankruptcy is straight bankruptcy, often referred to as a Chapter 7 or liquidation proceeding. A person who files for such a bankruptcy is referred to as a debtor. A straight bankruptcy proceeding includes a court- administered sale of any of the debtor's property that is not exempt, with sale proceeds going toward paying debts. The result of a successful bankruptcy proceeding is a discharge of bankruptcy, which releases the debtor from payment of certain debts. Chapter 13 is a special kind of bankruptcy, also referred to as a "wage-earner plan", although it is available to individuals on welfare or with other kinds of regular income. In a Chapter 13 plan, a person continues to pay off debts under an installment payment plan administered by a trustee.

There are some advantages of Chapter 13 in dealing with secured creditors, such as mortgage companies or banks, who might otherwise repossess property of the debtor. A Chapter 13 plan may also extend the time to pay off debts and reduce the amount to be paid. The plan suspends legal and collection actions against the debtor for the period it is in effect, usually three or five years, and it may also suspend actions against persons who co-signed loans with the debtor.

WHO CAN FILE FOR BANKRUPTCY?

In general, any person, regardless of how much he or she owes, can file for a straight bankruptcy proceeding.

An individual and, if desired, the individual's spouse whose income is regular and who owes unsecured debts of less than $250,000 and secured debts of less than $750,000 may file for Chapter 13 relief.

WILL ALL MY DEBTS BE DISMISSED?

No. A debtor will still owe certain debts, including some taxes, alimony and support, fines and certain other nondischargeable debts after filing for bankruptcy.

WILL I BE ABLE TO KEEP ANY PROPERTY?

Yes. Certain property is exempt from a bankruptcy proceeding and can be kept by the debtor. A debtor can choose between a state or federal exemption standard.

In Pennsylvania, the main state exemption is $300 for an individual and $600 for a married couple who file together. A few of the other important state exemptions include clothing owned by the debtor, certain pension benefits, workers' compensation payments, and disability insurance payments. However, in most cases in Pennsylvania, the federal exemptions will be preferable to the state. The federal exemptions, which can be claimed as an individual are:

  • $16,150 in equity which serves as a residence;
  • $2,575 on a motor vehicle;
  • $425 in each of any number of household furnishings or other consumer goods up to $8,625 in aggregate value;
  • $1,075 worth of jewelry for personal use;
  • $850 additional in any property, plus any unused amount up to $8,075 not used in home equity; and
  • the right to receive Social Security, unemployment compensation, welfare, VA disability, support and certain pension benefits.

If a husband and wife file together, the above amounts are doubled. The exemptions apply only to equity in real or personal property. Therefore, if the debtor has used specific items to secure loans, such as a mortgage on a residence or a lien on the title of a car, the exemptions may be affected.

DOES MY SPOUSE HAVE TO FILE?

There is no requirement that a husband and wife file bankruptcy together, although one advantage to filing together is that the amounts of the exemptions are doubled. In some instances where most of the debts are owed by only one spouse, it may be appropriate for that spouse to file alone. However, jointly owned property may be affected if only one spouse files. In most cases, a husband and wife have the same debts or have co-signed the same loan agreements. In this situation, if only one spouse files, the creditors can continue to demand payment form the spouse who did not file.

WHAT IF I HAVE NO ASSETS?

Only the debtor's property which is not exempt is available to be sold and used toward payment of his or her debts. Many individuals may only have property that falls under the exemptions and, therefore, have no assets available to be sold to pay creditors. This does not affect the bankruptcy. Under a Chapter 13 case, the individual's earnings after the bankruptcy petition is filed are used to fund the plan.

WILL I BE ABLE TO OWN ANYTHING AFTER BANKRUPTCY?

As a general rule, there is no limitation on the future ability of a debtor to own real estate or to acquire personal property. In most cases, creditors whose claims are discharged in bankruptcy will not be able to take property or earnings acquired by the debtor after he or she files for bankruptcy. However, some special types of interests, such as inheritances, property settlements, and life insurance proceeds, if acquired within 180 days after bankruptcy, may become available for payment to creditors.

HOW WILL CO-SIGNERS BE AFFECTED?

A person who co-signed with you on a loan may still be held responsible for the debt if you file for bankruptcy. A Chapter 13 bankruptcy may keep creditors from taking any legal or collection actions against your co-signers.

CAN A DISCHARGE OF DEBT BE PREVENTED?

Under certain limited circumstances, a creditor may be able to keep a particular debt, or even the debtor's obligations in general, from being discharged. If a creditor can prove that he gave a loan to the debtor based on a financial statement that was falsified with the intent to deceive him, he may avoid having the debt discharged. However, if a creditor tries to avoid the discharge for this reason and fails, the judge may order the creditor to pay for the debtor's attorney fees and costs in defending the action.

If the debtor lies in completing the bankruptcy papers or refuses to follow an order of the court, a discharge of debts may not be granted. If any transfer of property is made to conceal ownership, to avoid having it included in the bankruptcy or to defraud creditors, the court can take the property and order it sold, with the proceeds distributed to the creditors.

CAN I FILE MORE THAN ONCE?

Six years must expire from the date of an earlier filing of a straight bankruptcy where discharge of debts occurred before a straight bankruptcy can be filed again. Following certain Chapter 13 proceedings, there is no time limit for the filing of a straight bankruptcy. Also, if you have previously had a Chapter 13 plan within the last six years, you cannot have debts discharged again unless payments to unsecured creditors under the prior plan were either made in full, or up to 70 percent and the plan was proposed in good faith, with the debtor's best efforts.

HOW DO I KNOW IF I SHOULD FILE FOR BANKRUPTCY?

If you have only a few debts, you should contact your creditors to try to work out a payment plan with them, rather than filing for bankruptcy. Sometimes you can find assistance in avoiding bankruptcy by contacting a local consumer credit counseling agency, consumer credit bureau, or legal services office. If you do feel bankruptcy is necessary, you should consult a lawyer. You will need a lawyer to handle the filing, explain the procedures, evaluate your exemptions and debts, and attend to all other matters involved in a bankruptcy proceeding. The lawyer will also assist you in determining whether a Chapter 13 plan is appropriate.

Please contact attorneys Hager & Watson, LLC. for further assistance and legal counseling at 412-894-7190. 101 Freeport Road, Aspinwall, Pennsylvania.

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Medical Malpractice

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