COVID-19 Pennsylvania Q&A by Practice Area

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  • Gov & Administrative Law
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  • Libel & Slander
  • Medical Malpractice
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  • Military Law
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  • Patents (Intellectual Property)
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  • Securities Law
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COVID-19 Pennsylvania Questions & Answers
3 Answers | Asked in Landlord - Tenant for Pennsylvania on
Q: I have a month to month lease, landlord served me today with a lease termination, is this legal during covid-19
Nellie T Schulz
Nellie T Schulz answered on Jun 2, 2021

Yes. The Pennsylvania Governor's Order didn't affect a landlord's right to terminate a monthly lease or have a tenant evicted for any reason other than non-payment of rent. It also required that a non-paying tenant provide certain statements concerning the tenant's non-payment of ren

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1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Can my employer count my vacation eligibility time from post-pandemic-layoff rehire date rather than original hire date?

I began work Nov. 2019, and was "terminated" in March 2020 due to pandemic-related business downturn. I was rehired in June 2020, although I was not required to take a drug test again or submit my driving record again. I would have been eligible for paid vacation Nov. 2020, but now they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Well, if they give you a raise it looks like they are not having it both ways. Your vacation time is usually based on time accrued and does not count time off for personal days, family leave---or when you are laid off.

Year to date money means just that. If you were paid x dollars then...
Read more »

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1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: How many times can a judge reschedule a case for driving over speed limit?
Ellis B. Klein
Ellis B. Klein answered on Jan 26, 2021

With covid, as many times as he wants. If you get a lawyer, the lawyer may be able to contact the officer and the court to try to work it out sooner. Many judges are doing zoom or telephone hearings due to Covid. You did not say how fast they have you going so be sure to look into how many points... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I am being asked to do training and I am not sure if I need to be paid or not.

This is for a virtual medical scribe position. I am working from home in Philadelphia. The company is based in Texas. I completed pre-employment training that was unpaid. I signed a contract to start January 11. In an email, I was told the start date would be pushed back to an unknown date because... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

It sounds like this is post hire training, which should be compensated. Perhaps your pre-hire training should also be compensated. Consult a local employee rights attorney. The reality is if you suddenly become an excessively expensive employee, you will be cut. You need to weigh the benefit of... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Driveing without a liscense, I was unaware of it what should I expect/do?

I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... Read more »

Timothy Kraeer
Timothy Kraeer answered on Jan 20, 2021

You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If... Read more »

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... Read more »

2 Answers | Asked in Tax Law and Social Security for Pennsylvania on
Q: Unrecorded income

Hello,

Income I made from 1992 to 1994 was not recorded even if I filed my taxes for those years. I contacted my ex-employer and they gave me a confirm letter with my salaries for the years I worked, but the letter is not considered as proof by the social security office. I just dont know... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you have copies of your tax returns for those years, I would call the social security administration to see if they could update their records accordingly. If they cannot do it, then this gets to be a harder task. You could contact the IRS (good luck with that these days with their limited... Read more »

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1 Answer | Asked in Business Law for Pennsylvania on
Q: Can I sue my place of business if I contract covid?

A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »

Kent Petry
Kent Petry answered on Oct 22, 2020

These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation... Read more »

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Two part question: pulled over for tint and can a citation change?

I was driving to work the other morning (very early, it was pitch black) and I noticed an officer following me for a few miles. They eventually pulled me over and used a handheld device to check the tint on my back, driver- side window. I have absolutely 0% tint on my windows, so I believe they... Read more »

Ellis B. Klein
Ellis B. Klein answered on Sep 26, 2020

First thing you should do is follow the instructions on the ticket and plead not guilty to both citations because if you are convicted of driving under suspension that will add an automatic one year suspension to what you already have. Second thing you need to do is contact PennDOT immediately and... Read more »

2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Why is it taking so long to get a Chapter 13 discharge?

We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 19, 2020

The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.

I doubt that your attorney's fee...
Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My son was in a bad place and shopped lifted to support his kids, was it right no?

But he got caught pleaded guilty I was given a court date but then covid-19 happened. In the meantime they must have ran his picture through other videos and found him three more times in another Walmart. Warrants were served to my mother's house which she never received what's somebody... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 14, 2020

Regrettfully, there is no way to answer your question of whether or not he is going to jail. The reason most people recommend talking to a lawyer is because there are several factors that go into setting bail. The severity and number of charges is one. Prior history is another. Family support... Read more »

1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: our home was included in our bankruptcy we moved out but the township keeps saying we are responsible for the lawn care

they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 3, 2020

Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »

1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: Can I find out if I overpaid in arrears?

Paid arrears for 17 years for being approx 1 month behind. CP filed in March, court date and agreement reached in April of 2003. Case just closed but I don't believe I should have been paying arrears for that long. Can I get full History of payments?

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

Sure. Contract the county Domestic Relations Office which handled the case and ask what they need you to do in order to obtain an accounting of your payments. You may have to email them. It's hard to tell you what the process will be because it's likely their procedures have been... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: Social distancing and covid concerns

We have 50/50 custody of my stepson and also take care of my husbands elderly mother. She is considered high risk. Today we found out that my husbands ex has not been practicing social distancing and has been letting their son play with children closely. Talks in the house have been it might not... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 18, 2020

If there's no court order, there aren't any "official" rules by which to play -- at least right now. He has two recourses: (1) work it out informally, just like he always has, or (2) file a Complaint for Custody and let the court sort everything out.

Your...
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4 Answers | Asked in Business Law and Insurance Bad Faith for Pennsylvania on
Q: I have a small business that has taken a big financial hit since shutting down due to my state’s stay-at-home order.

I have business interruption insurance, which seemed like the right coverage to apply for in light of what’s going on, but my insurance company denied my claim. I read through my policy, which says nothing about a virus or pandemic being an exclusion. Not sure what I’m paying for if this sort... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

1. Ask for them to put in writing the basis for the denial, and to state the policy section and paragraph. 2. To be sure you have what they have, ask for a copy of a)the entire policy b) the application.

2. If you had an agent that sold you the policy, get them to work on it--sometimes...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My husband(we're separated) overdosed and attempted suicide 5 days ago. He's in the hospital on a psychiatric unit for 3

More days. I'm concerned for our children's safety and want to seek full custody. They chose to live with me. He moved out. There's a history of domestic abuse from him which the kids and I are receiving counseling at Victim Services through the YWCA.

Cary B. Hall
Cary B. Hall answered on Jun 4, 2020

Sounds like you have very valid grounds in which to file an emergency petition to modify custody -- if there's even a custody order in place at all (which is unclear from your question). If not, you should certainly seek one. If so, you could file an emergency petition to seek your... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My salary was cut 35% due to COVID 19. Do other agreements between my employer and I still stand?

Such as a promissory note tied to a relocation bonus. Does this work any differently if I'm furloughed?

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

A lot depends on what is going on--a cut while you still work is different from a cut and you are furloughed. As to the note you need to look at the language of the agreement, any letters that discussed the terms etc.

The interesting question is if you are furloughed but on 1/3 pay can you...
Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: I have to be off work due to no child care or school have work for employer with 500 plus employees

My company is not under 500 employees what are my rights to be able to take off during covid 19 with no child care or school. My children need me home during the day and I can t afford to lose my job in long term. Money not a issue cuz I can get unemployment I just need to with kids till I can get... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Apr 15, 2020

Since your employer employs more than 500 employees, you are unfortunately not eligible for aid through the Families First Coronavirus Response Act that was recently passed. However, if you've been employed full-time with your company for at least a year, you may be eligible to take an unpaid... Read more »

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