The Pennsylvania Support Guidelines contain provisions with regard to payment of unreimbursed medical expenses when parties have a support order through their local domestic relations office. The procedure for reimbursement of unreimbursed medical expenses by the party not receiving support can vary from county to county in Pennsylvania and for many, the process can be confusing.

In Lancaster County, all support orders contain a provision that the individual receiving support is responsible for the first $250 of any out-of-pocket medical expenses before the individual paying support has any obligation to contribute to unreimbursed medical expenses. This $250 amount is often referred to as “the cash medical deductible.” If you are receiving support and you have incurred an out-of-pocket medical expense, what should you do? First, have you paid $250 out-of-pocket?  All expenses must be submitted to the insurance provider and only what is not covered by the insurance provider is considered out-of-pocket. You must pay $250 in a calendar year to meet the threshold.  Then you are able to request reimbursement of the amounts that exceed $250.

Requests for reimbursement are best made on a quarterly, biannual or annual basis.  Submitting requests every time a bill is received can create an unnecessary hassle.  Typically, I advise clients to keep track of all of the unreimbursed medical expenses that exceed the $250 deductible and request reimbursement from the other party on a schedule that works for your financial circumstances. The request must be made in writing with proof that you have paid $250 out-of-pocket, include the amount that has been incurred and paid above the $250 amount and then include the calculation of what the other party owes according to the terms of your support order. For example, your support order would say Payor (the person paying the support) is responsible for 53% of all unreimbursed medical expenses and Payee (the person receiving the support) is responsible for 47% of all unreimbursed medical expenses. Those percentages are then applied to the unreimbursed medical expenses above $250 to determine the amount which should be reimbursed to you. Continue Reading Support Guidelines and Unreimbursed Medical Expenses

Yes, this is a tongue twister and I’ll be impressed if you can say it five times fast, but parking is one of the biggest problems that community associations face.  No matter how the developer sets up the community, sooner or later there are either too few parking spaces, people parking where they don’t belong or parking vehicles that nobody wants to see out their front windows.  Too often developers don’t think about these issues or, if they do think about them, do not have a way to come up with a perfect solution.  The same is true of association boards.  Either they do not want to consider a plan to get a handle on parking problems or, if they do, their parking regulations don’t help the problem.

The lead article in the CAI Common Ground for September/October 2017 is titled “Park That Thought.”  It discusses some of the problems that associations have with parking.  Unfortunately, the article doesn’t give many answers on how to solve the problems.  While there might not be a perfect solution to parking, some advance planning by both the developer and the association can help reduce parking problems. Continue Reading Proper Planning Prevents Parking Problems

A recent blog post from the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute discussed the danger of condominium and homeowners’ associations requiring criminal background checks for renters of units.  In the blog post, Marshal Granor discusses a Department of Housing and Urban Development guidance paper on this subject.  HUD warns that most criminal background checks by housing providers have a discriminatory impact.  This means that the criminal background check policy is very likely a violation of the Fair Housing Act.  This violation of the Fair Housing Act could cause real legal trouble for associations.

The CAI blog post and the HUD guidance follows exactly the advice I have given association boards for years.  If an association requires renters to submit criminal background checks to the board for board approval, this requirement could very well be a Fair Housing Act violation.  Even though the policy is neutral, the actual effects are likely to affect minorities more than other races.  This is what the HUD calls a “disparate impact.”  And, even if the Association means well, this “disparate impact” is a Fair Housing Act violation.  Continue Reading The Danger of Using Criminal Background Checks to Screen Tenants

As an avid podcast listener, one of my favorite year-end activities is reading through the “best of” lists of the best podcasts and episodes of the year. Below are a few of my favorite lists of favorites (meta, right?) to get you started:

The Atlantic – The 50 Best Podcasts of 2017

Vulture – The 10 Best Podcasts of 2017

Vulture – The 10 Best Podcast Episodes of 2017

IndieWire – The 50 Best Podcast Episodes of 2017

My typical approach is to review the lists and their descriptions, then add episodes that sound interesting to a new playlist in my preferred podcast app, Overcast.

This year, I thought I’d share my own list of some of my favorite podcasts: Continue Reading My 2017 Podcast Picks

For those of you looking for your weekly myth, sadly, our myth series has run its course.  Now that we have covered commonly asked questions and the top 10 myths, I wanted to leave you with a few helpful tips- these tips are universal and not just for selecting an estate planning attorney.

  • Be open and honest with your lawyer
    • Your attorney is trained to know what is important. Chances are if they are asking about it, they need to know about it.  It might not seem like a big deal to you, but it could completely change their advice to you.
  • Make sure you are comfortable with your lawyer
    • Feeling comfortable with your lawyer will significantly increase your ability to be open and honest with him or her. This is key for you to get the best advice and for your own piece of mind.  Even if your attorney gives you the best advice in the world, if you are not comfortable with him or her, you may never fully trust what they’ve said.
  • Don’t price shop
    • Cutting corners now can cost you big time in the end. We are seeing a rash of people trying to do things on their own or do things piece meal because they are trying to save money.  While I will be the first to wait for a sale, cut coupons, and look for the best deal, legal dealings are not always the best place to do so.  Certainly you should inquire as to fees and not blindly hand over your hard earned cash.
  • Ask family and friends for referrals if you don’t know who to go to
    • Asking someone one who has actually worked with an attorney if they liked them can be far more effective than picking a name out of a random list. However, keep in mind your friend or family member’s personality.  If you are nothing like your cousin, will the same attorney work for you?  Ask the person what they liked and disliked about the person they are recommending.  Then decide if those are qualities you are looking for as well.
  • Have a trusted financial advisor or accountant? They can make referrals as well
    • Accountants and financial advisors work with attorneys all the time. They have seen the attorney in action and can make a referral based on real interactions.

Have a happy and healthy new year!

Lindsay Schoeneberger is an attorney at Russell, Krafft and Gruber, LLP in Lancaster, Pennsylvania. She received her law degree from Widener University School of Law and practices in a variety of areas, including Estate Planning.

LNP recently wrote about the rapid rise in organic produce across Pennsylvania.  As it is with most other agricultural production, Lancaster County is leading the way in this increase.  The article says that the sale of certified organic products in Pennsylvania doubled in 2016.  Organic products accounted for $660 million, or about 9% of all agricultural products in Pennsylvania.  This is already a significant portion of Pennsylvania’s agriculture, and it will only continue to grow.  According to the LNP article one in every four organic operations in Pennsylvania is located in Lancaster County.

Part of the article focuses on Ebenezer Groceries in Ephrata and its owner, Jonah Dodd.  Ebenezer Groceries is a discount grocery store.  But Jonah has dedicated a large portion of his store to the sale of organic produce, even though organic produce costs a little more than his other items. Grocery stores like Whole Foods and Wegmans will soon be established in Lancaster County.  These stores have committed to featuring local produce, including certified organic produce.  It is telling that the demand for organic products comes from a wide range of shoppers, from more expensive stores like Whole Foods to discount stores like Ebenezer Groceries.  This tells me that the desire for organic produce, meat, eggs, dairy, etc., is not a passing fancy.  This demand is only going to increase, and Lancaster County farmers will continue to lead the way in this area.

Aaron Marines is an attorney at Russell, Krafft & Gruber, LLP, in Lancaster, Pennsylvania. He received his law degree from Widener University and practices in a variety of areas including Commercial Real EstateLand Use, Land Planning and Zoning matters.

The holidays are typically a joyous time spent with family, but following a divorce or separation, the idea of not being able to spend every minute with your children can put a damper on your holiday spirit.

Speaking from experience, Christmas with your children following a divorce doesn’t have to be that different.  And more importantly, both you and your children will make it through just fine!

Here are a few tips that may help to make this an easier transition for both parents and kids. Continue Reading Holiday Custody Issues

By now, hopefully I have convinced you that you need a Will, Financial Power of Attorney, Health Care Power of Attorney, and that you need to consult with an attorney that focuses on estate planning in order to prepare these documents.

But my job is not done.  Having all of these documents prepared is only half the battle.  Making sure these documents are kept up to date, is the rest.  These documents are not once and done.  You should be reviewing these documents every few years and every time there is a major life change.

When someone in your family gets married or divorced you should review the documents.  When a new family member is born or a family member dies, you should review the documents.  When you start a new job or retire, you should review the documents.  Often times, reviewing the documents may not mean changing the documents.  If the documents still reflect your wishes, you probably don’t need to change them.  Continue Reading Myth #10- Once and Done!

The Historic Preservation Trust of Lancaster County recently honored its 2017 recipients of the C. Emlen Urban Awards.  I am proud to say that The Press Building in Lancaster City won an award for adaptive reuse.  Congratulations to The Drogaris Companies, the developer of the building, and to Tippetts/Weaver, the project architects, as well as to all of the other professionals and builders involved with the project. We have been involved in the project for nearly all of its history, and I have had a courtside seat for most of it.

The Press Building is one of my favorite kinds of projects. I love when a historic or rundown property is rescued. The building was built in the early 1900s as a cigar factory and warehouse.  From 1922 until 1992, the Lancaster Press Company used the building for printing.  The building sat vacant from 1992 until it was adapted for its current use.  Today, the building has been refurbished to house 48 residential condominium units.  In addition, the ground floor of the building is set to house a fine dining restaurant and bar.  Continue Reading The Press Building and Drogaris Companies Honored by Lancaster Historic Preservation Trust

I have been fortunate to finalize many adoptions for amazing adoptive families over the years and I always tell them that I get to do the fun part.  In the wonderful and sometimes crazy world of adoption, getting to the finish line to finalize an adoption can be a long, difficult, and often emotionally draining experience. Families who adopt children through the foster care system have varying experiences relating to legal risk, the length of time a child remains in the system attempting reunification, and for some, appeals to the Superior Court of Pennsylvania. But when all of that is said and done, I am lucky enough to sit down with families and tell them the finish line is near.

Adoption finalization is a relatively simple process when you are working with experienced caseworkers and knowledgeable attorneys. The coordination between the placing agency, the families, and the adoption attorney allows families to finalize their adoptions with the completion of certain documentation. For families who have been through a long adoption process, it is difficult for them to believe that once they meet with me, the majority of the work is done and in most cases, their adoption will be finalized in a few weeks. Agency caseworkers ensure that all of their legal requirements are complete and they work with the adoption attorney to ensure that the legal requirements of the family are completed, including such things as State Police Criminal Background Checks, Childline Clearances, and in some cases, FBI Checks. The agency adoption workers then provide me with the information necessary to prepare an Adoption Petition. I prepare the Petition and meet the families (hopefully including the adoptee). That is the best part of my meeting, when I get to meet the children who are receiving permanency and witness their interaction with their forever family. Continue Reading Crossing The Finish Line: Adoption Finalization