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contents 06 The President, the Economy & 30 Why Can’t They Just Agree? the Capital Markets 32 Privacy, access, and the new 08 Medicare, A Solution for Aging Pennsylvania digital assets Employees
10 Ben Franklin Clients Innovating to Recovery
14 Learning to play through the challenges.
act: The future is now. Is your estate plan up to date?
34 One More Corona-Problem:
The Telecommuting Employee
36 The First Step Act:
Compassionate Release during
18 Do You Have a Personal Vision? the Covid-19 Pandemic 20 Risk and Reward in 2020 38 2020 Pandemic: Foreclosure, Eviction & Bankruptcy 22 Business Acquisition Market Update 40 Smart small business owners consider business succession 24 Embracing Vulnerabilities and plans as part of their estate Using them for Good
plans
28 Workers’ Compensation
44 Battling Social Isolation
Liability and the Remote Employee
46 Feeling Dizzy?? 48 "Alexa, Why Did the Seller of My House Take the Security Cameras?!": The Internet of Things in Real Estate Transactions
50 With Low Inventory, Lehigh
Valley Sellers Receiving 99.7% of List Price
52 Keeping Your Sanity and
Keeping Your House Clean During the Pandemic! Clean Houses Sell Quicker!
54 Working in Tech: US vs UK 56 UNICO 20°87° 58 Cigar Reviews
•adindex 27 Alcom Printing 09 American Financial
Services, Inc.
16 Carol C. Dorey
Real Estate, Inc.
07 Cornerstone 31 Crosson & Richetti 01 European Wax Center 17 First United Land Transfer 49 Fitzpatrick Lentz & Bubba
51 Greater Lehigh Valley
43 PenTeleData 13 Pride Abstract &
Realtors
55 Greater Lehigh Valley
Chamber of Commerce
23 BMI Mergers & Acquisitions 47 Bridgeman Strategic Concepts
61 & 62 Olde Homestead
Attorneys at Law
Network inc.
60 Anthony Limousine 26 ArtsQuest 11 ASAP Business Support
42 Gross McGinley
25 Hahalis & Kounoupis P.C. 27 Historic Bethlehem Museum and Sites
35 Hoffman, Hlavac & Easterly 37 Huber, Waldron & Williams 39 John Brown & The Hatchets 01 Lehigh Valley Grand Prix 25 Michael McCreary 45 NFP 33 Norris McLaughlin
Golf Club
Settlement Services
15 Punch Garage 03 Rich Mar Florist 05 St Luke’s OMS 47 Stinson Audiology Services 19 TAB Lehigh Valley 21 The Barristers Club 59 Tri Outdoor 53 VIP Vacations Inc 29 Vox Tandem
Attorneys at Law
Attorneys at Law
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The partners of NETWORK MAGAZINE™ proudly present the latest edition of the Lehigh Valley's first ever, high end, business leader driven B2B magazine. Our goal is to continually present our readers relevant content to build your organization, from the region's top business leaders and experts on today’s industry news and trends. Our leading contributors will continue to change quarterly, sharing information that stays fresh and current. The opinions, tips, and insights on how to best navigate business pitfalls are all provided by the Lehigh Valley's best thought leaders. Our writers are un-censored giving you profound insight from their years of experience from their given field of expertise. To learn more about how you can become a part of NETWORK MAGAZINE™ as a Contributor, please contact Ray Bridgeman: ray@mynetworkmag.com, and as an Advertiser, please contact Chris Morganellli: ChrisM@mynetworkmag.com.
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All Materials © 2020 Network Magazine, LLC. NETWORK MAGAZINE™ is a trademark of Network Magazine, LLC. All rights reserved. Reproduction in part or in full is strictly prohibited. NETWORK MAGAZINE™ is a quarterly publication. The views and opinions expressed in this publication are those of the authors and do not necessarily reflect the official policy or position of NETWORK MAGAZINE™. NETWORK MAGAZINE™ assumes no responsibility for content of advertisement. No representation is made as to the accuracy hereof and is printed subject to errors and omissions.
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The President, the Economy & the Capital Markets CHRISTOPHER W. LAKATOSH, CFP®, AIF® PRINCIPAL & SENIOR CONSULTANT CORNERSTONE ADVISORS ASSET MANAGEMENT, LLC
Another four years have come and gone, which means the election for the most powerful position on the planet is upon us. The presidential election always arrives with some degree of trepidation and plenty of questions. As stewards of our client's wealth, a recurring inquiry is, "What do you think will happen to the markets if…?" Investors and fiduciaries inherently sense that leadership of the largest economic power in the free world significantly impacts the assets under their dutiful care. But how much does our choice for President drive markets? The President certainly influences the economic landscape and, thus, the capital markets to some degree. As forwardlooking indicators, they are constantly assessing where the economy will be in the future. In equity markets, it is not today's earnings but rather tomorrow's that impact prices. There is little doubt that the President has a direct influence on the economy. The White House determines foreign policy & trade relations, appoints leading bureaucrats, and has held historically great sway over corporate and individual tax rules. The effect of many of these initiatives is not instantaneous. It takes a while for an economy as complex as ours to exhibit changes that can be attributed to presidential edict. There is a question of which political party is better suited to drive economic success. If you believe the Joint Economic Committee's data, the economy has done better under Democratic leadership than Republican. However, was it truly the nation's leader and their policies implemented that created such success, or was it that they inherited an economy on the rise? The influences of the real economy are largely outside of the direct control of the President of any political party. What has been driving the recent market bounce back has largely been attributed to the legislative acts of Congress. The historic stimulus packages that have been engineered to keep the economy moving, in the absence of the consumer, have been an enormous catalyst for the 6
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capital markets' rebound. If the consumer, who represents roughly 70% of the U.S. GDP, is not able to purchase goods and services in a normal behavioral pattern, due to social distancing and legislative guidelines, it is the government that needed to step in as liquidity of last resort. Fiscal policy has been another major influence on the capital markets and the economy. The Federal Reserve (Fed) has a dual mandate: full employment and price stabilization through managing interest rates. It can be argued that the Fed has taken on a notional third mandate, which is supporting asset prices. With the current zero interest rate policy (ZIRP), the Fed has made borrowing inexpensive, promoting growth. Still, I can also argue that it will force investors to the capital markets in search of yield. If your bank account isn't making you money, investors will find another haven for their investment dollars. If you are a follower of Cornerstone's Independent Insights, you would have recently read a piece from CIO Kevin Karpuk about why the equity markets have been so resilient in the face of the current economic recession. To summarize, because rates and the yield curve are at historic lows, the market earnings have become that much more attractive and, as such, make the markets more valuable. The President certainly has influence over the economy. Still, much of it is policy-driven, that carries a long-simmering process. Some of their influence can come in the form of appointments to committees like the Fed and the Supreme Court, the ability to support or veto stimulus and spending bills, policies for tariffs on good and services, but I'd argue that monetary and fiscal policies can more quickly shape the capital markets response to present economic conditions. The capital markets favor the divided government. They support the system of checks and balances that were the design of our founding fathers. All economies have cycles, ebbs and flows that not even the President of the United States can control.
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Medicare, A Solution for Aging Employees MIRIAM ZETTLEMOYER BRIDGEMAN STRATEGIC CONCEPTS, THE BRIDGE TO YOUR FINANCIAL SUCCESS Boy, oh boy, have we been forced into change the past few months. Change is hard sometimes, but it can also be a good thing. Perhaps not while in the midst of change, but once we venture to the other side and look back, it can be a refreshing force of peace. The world has turned upside down in many instances. We've been forced to stay at home, cover our faces, teach our children, look at our budgets, and yet we remain resilient to focus on different aspects of our every day that has changed us. Covid-19 has created fear among us that created determination and perseverance to task what our day needs doing. Some of us have crawled into our caves while others have ventured out, denying the fear-full life. Our jobs have undoubtedly changed, and the way we go about simple pleasures will forever be questioned. Somethings, though, have remained Covid-19 resistant or Covid-19 resilient. We have learned different ways to adapt. As people, we need to continue to change or die. A business that I began a decade ago has become more than I thought it could be and just as important as when I had the desire to start it in year one. The necessity to help people understand insurance, Medicare, and to guide them through their journey has become my mission. There are so many options and choices to select; it's difficult to know which one would be best suited for your next term in life. Using an expert who works daily in all facets of insurance can create a stress-free approach in your decision.
less costly for the employees regarding deductibles, co-pays, and can offer additional benefits like a fitness membership, saving them even more. Employees would begin their Part B with original Medicare through the Social Security Administration at a current cost for most of $144.60. This cost can be paid by the employer. Additionally, they would add a supplement plan in which letters A-N are options, whereas most select plan G as a popular option. Depending on your zip code, age, gender, and smoking status, which then determines your pricing in this plan with most starting under $120/month. This again, can be paid by the employer. Plan G has a low deductible of $198/year, which is paid by the employee. A drug plan will then need to be added to help cover prescription drugs and would be reviewed by your agent to determine the best possible plan based on your current prescriptions. The drug plan premium is also paid by the employer, and they start as low as $20/month depending on coverage needs. If your aging employees over 65 are costing you more in benefits than $300/month, we can offer you an alternative option. The option for employees is seamless, and most end up with better coverage, lower deductibles, and less out of pocket costs by shifting onto Medicare. Take a look at your current coverage and start adding up the savings by making this move. It can easily save employers $1,000/ month for each employee over 65. How does that change your Covid-19 budget?
The internet can also be a good resource in your decision, but the internet can't confirm you are choosing the right option. Nor can it create certainty in your choice in the years that follow. One aspect that can be sometimes overlooked is incorporating Medicare as your employer plan. As many of us work longer and longer and push out retirement Medicare can be a great source of savings for a business budget by moving your 65 and older workforce onto Medicare.
The employee can opt to stay on the employer's plan for dental and vision, which are not included in a supplement plan in Medicare. Other options are available, but none that are offered to the employer in this situation. In order for the employer to pay for the coverage on behalf of the employee, they must choose a supplement and drug plan option versus a Medicare Advantage. This will leave a gap in dental and vision coverage, which can still be offered by the employer as a standalone option.
In the era of age-based plans, the older workforce cost of insuring can be higher versus insuring the younger workforce. Initiating a plan to move all 65 and over employees to Medicare is a great option. The coverage is most often
Working with a firm that has experience in this arena that can hold your hand through all the changes becomes a valuable option. Contact us and start saving on your business expense.
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Ben Franklin Clients Innovating to Recovery LAURA S. EPPLER, CHIEF MARKETING OFFICER BEN FRANKLIN TECHNOLOGY PARTNERS OF NORTHEASTERN PENNSYLVANIA As the government, public, and private sectors continue to address the severe problems created by the COVID-19 pandemic, many Ben Franklin Technology Partners of Northeastern Pennsylvania (BFTP/NEP) clients contribute to the efforts. Ben Franklin enables client companies to not only create highly paid, sustainable technologybased jobs, but also to develop innovative solutions that fight COVID-19 and prevent or address disasters yet to come. Ben Franklin invests in and links companies with experts, universities, follow-on funding, and other resources to help them prosper through innovation by: 1. developing and growing early-stage technologyoriented companies; 2. supporting established manufacturers as they creatively apply new technology to help them succeed globally by producing better, faster, and at a lower cost; and 3. promoting an innovative community-wide infrastructure that supports Pennsylvania’s business technology ecosystem. 10
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BFTP/NEP is part of a four-center statewide economic development initiative of the Pennsylvania Department of Community and Economic Development. There are many illustrations of clients throughout BFTP/ NEP's 21-county service area whose products or services are immediately applicable in the work to fight COVID-19, or which have pivoted, using existing technology in a different way to address the need. The proprietary and revolutionary air purification units initially developed for highly sensitive In Vitro Fertilization facilities by LifeAire Systems, LLC, Allentown, for example, are capable of killing airborne pathogens, including COVID-19. LifeAire has applied its proven kill technology in protecting dental practices, office spaces, and transportation and educational facilities. The company also applied its technology to develop a portable, rapid decontamination unit for N95 masks that kills COVID-19 within all layers of the mask in just 3½ minutes, disinfecting 8,500 masks per day per unit. One of Ben Franklin’s first clients, OraSure Technologies, Inc. (NASDAQ: OSUR), Bethlehem, is developing two tests for COVID-19 that could be key contributors to the testing paradigm. The OraQuick® rapid antigen self-test for COVID-19 would detect an active infection with a rapid MyNetworkMag.com
result at the point of sample collection, with no instrumentation needed to interpret the results, and no need to transport samples to a lab for analysis. Fast, frequent testing could be invaluable in opening up economies and enabling the safe return to work and school. The OraSure Sars-Cov-2, oral fluid antibody test, is a laboratory test that would be the first antibody test to use oral fluids to detect past infection.
for each client in each stage of development, drawing on both internal staff expertise and a network of external resources. BFTP/NEP provides direct financial investments; preparations for and introductions to follow-on funders; coaching and mentoring; a comprehensive and proven array of technical and business support; and participation in a community infrastructure that grows a robust technology-business ecosystem.
The agility of early-stage technology firms and innovative manufacturers to respond to a crisis or market opportunity quickly is emblematic of Ben Franklin clients. That was one of the reasons Gov. Tom Wolf tagged Ben Franklin to help launch his “Pennsylvania Manufacturing Call to Action Portal” to rapidly mobilize innovative manufacturers to produce critical medical products in response to the virus.
In short, Ben Franklin supports clients with a “secret sauce” that magnifies the impacts of its financial investments and often makes the difference in a company’s success. Since 1983, BFTP/NEP has led the regional transformation to a substantial presence in a range of technology sectors, the diversity of which has made the economy more resilient. Ben Franklin’s successful and proven approach took years to develop and is an enormously valuable asset to northeastern Pennsylvania.
Investing in innovation made sense in the best of times, and it is even more critical now. In May, the state provided $1 million to each of the four statewide Ben Franklins, matched by each, to invest in promising clients that were challenged during the pandemic. COVID-19 has demonstrated that investments in innovation will help both reboot the economy and save lives. So, what makes Ben Franklin Technology Partners and its clients so special? BFTP/NEP customizes its services
Ben Franklin's secret sauce lets the Commonwealth leverage and optimizes taxpayer dollars. It enables client companies to both create good technology-based jobs, and to develop and implement innovative solutions that fight COVID-19 and upcoming calamities. These contributions will be pivotal as we progress through recovery.
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Learning to play through the challenges. WILLIAM CHILDS MARKETING DIRECTOR, KITCHEN MAGIC
When Brett Bacho was eight years old, he wanted one thing. He wanted to be able to play guitar like Ace Frehley of the rock band KISS. The year was 1978, and KISS was one of the biggest bands in the world. So, after months of bugging his parents to buy him a guitar, they finally relented. “They bought me this little red acoustic guitar from Sears that had strings that were thick and stiff like barbed wire,” said Bacho. Brett’s parents signed him up for guitar lessons, and he was on his way. Brett was enjoying the lessons and progressing nicely, until one day, he arrived at what he likes to call the dreaded F chord. For many reasons, the F chord is one of the toughest chords for beginners to learn how to play. “My fingers were a little too small to play the chord properly, and I grew extremely frustrated. My instructor scolded me for not practicing enough, and I told my Mom that I wanted to quit my guitar lessons,” added Bacho. What Brett didn’t realize at that moment was that he was about to learn what can happen when you refuse to let a difficult challenge determine your next course of action. Brett had two choices. One, he could quit, or two, he could play through the discomfort. His parents encouraged him to keep practicing, which he reluctantly did. After some trial and error, he learned to play, as he likes to say, “that F-ing chord.” He got to expe-rience a big lesson in leadership and learned at an early age how good leaders solve many of the problems they encounter every day. When frustration sets in, many of us are not in a good mental space to draw out any of the lessons that might be hidden below the surface. These days, Brett Bacho is the CEO & President of Kitchen Magic, a kitchen & bathroom remodel-ing company based in Nazareth, PA. Brett’s role does not require him to teach people how to play guitar, but he does use the lessons he learned from those years. “I have thought about that F chord whenever the team at Kitchen Magic experiences difficulty. It taught me the power of persistence, consistency, and encouragement,” said Bacho. 14
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There’s no doubt leadership is a complicated process, and for many, it can take years to begin to understand how to generate positive, actionable results. At its core, leadership is servanthood, be-cause it’s less about being in charge and more about taking care of those in your charge by setting up a culture where everyone gets treated with dignity and respect. It may sound easy, but it’s not. “I am fortunate to be surrounded by great people that I trust and who trust me. I give them the en-couragement and support they need and help determine the priorities. They know they can count on me never to shy away from difficult challenges,” said Bacho. Leadership expert and best-selling author Simon Sinek sums leadership up like this, “The true price of leadership is the willingness to place the needs of others above your own. Great leaders truly care about those they are privileged to lead and understand that the true cost of the leadership privilege comes at the expense of self-interest.” The leadership Brett provides is rooted in his deep understanding that we all experience setbacks and get frustrated when dealing with challenges at work as well as in our personal lives. His experience has taught him that the most significant lessons are learned during challenging times. Anything new you’re ever going to attempt will invariably present unforeseen challenges. Stay the course. Play through the challenge. Your success will ultimately be determined by how you chose to navigate those obstacles. Like many of life’s challenges, the F chord has the power to trip us up and take us off the path. I hope that when you find yourself dealing with a frustrating situation and unsure how to proceed, you remember that life is always ready to teach us a lesson. All you have to do is be willing and open to learn from it.
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Do You Have a Personal Vision? BYRON ROTH, OWNER TAB LEHIGH VALLEY With the onset of the lockdown in March and the inability to do much other than stay at home, my wife and I have watched every season of the Amazing Race. All the contestants joined the race with a strategy based upon their understanding of the rules. It was fascinating to watch contestants gather their clues, forget their strategy, then take off running or driving without having any idea where to go but just wanting to get there as fast as possible. The result was becoming frustrated and angry when they realized they were lost.
of a bicycle. It points you in the direction you want to go. The rest of the bike is your business. It enables you to achieve your personal vision. Your ability to achieve your personal vision depends upon the energy that you put into moving the bicycle forward. The secret for you as a business owner is to define your personal vision and then align your business vision and the associated strategy with that personal vision. Your personal vision should always be considered when developing plans and making decisions for your business.
As a business owner, do you know where you are going? Part of your yearly planning process should always include taking time to stop and reassess. Now more than ever, it is critical to do so. You may have looked at your business strategy or company vision and identified needed changes. If you have, great! What about your personal vision? Do you have a personal vision? When was the last time you considered your personal vision and implemented changes that were needed?
Formulating your Personal Vision: Think about why you started the business. Are those motivations still the same? What goals and objectives do you have for you? Your family? What are your desires in the following areas: work/life balance, financial goals, personal growth, work role, business exit strategy, humanitarian/community, etc. For example, when considering work/life balance, ask yourself - how much time do you want to work, how often do you want to work on your hobbies, how often and where do you want to travel, how much time do you want for family? The answers may require changes to the structure of your business.
Why a personal vision? As a business owner, everything starts with you. Your personal vision is like the front wheel 18
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When you develop your personal vision, do not consider your business but think through what you want for your ideal future. After developing your personal vision, examine your business, and make necessary changes to enable you to pursue and achieve your dreams. Keys to a Compelling Personal Vision: Your personal vision statement should get you excited! Like business goals, your personal vision needs to be “SMART” (Specific, Measurable, Attainable, Relevant, Time Based). Your vision and associated goals need to be “SMART” to enable you to monitor your progress and adjust as needed. Your personal vision statement should always be written down. Writing it down dramatically improves your ability to achieve the goal. It will enable you to remember your vision and also enable you and others to hold you accountable to achieve it. Are you struggling with the concept? Go back to the time when you decided to start your business, why
did you do it? Like myself, you were probably excited because you had personal motivators and associated goals for starting your business - the front wheel of your bicycle. Unfortunately, the daily battles we face in running our businesses cause us to focus more on the rest of the bicycle than where we are headed. The result being frustration and disappointment. Take time to contemplate your personal vision. Then align your business with that vision to enable you to achieve your personal dreams.
Risk and Reward in 2020 SCOTT MULVANEY, FOUNDER / CHIEF INTREPID OFFICER LIVETHEFUEL
2020 has generated so many observations that can manifest opportunities to refocus and come out of things stronger and more resilient. I truly believe there are no excuses in life and especially in business. We all must commit to the risks to succeed and achieve the potential rewards that can come from those committed efforts. Recently, I, too, had to be reminded that we all have the same 24 hours in the day. It is so important that we prioritize our time and ensure balance with our values and goals. Our mindset development is a big choice amongst the priorities that we choose to focus on. I am grateful to so many of my podcast guest cohosts who have reinforced this point repeatedly. Many of us truly do not understand the value and importance of our minds' strength and the powerful benefits that come from a positive mindset. Many of us resort to waiting until the shit hits the fan to finally pay attention to that self-realization, and very often, that is too late. The writing of this article is occurring during the week of my 43rd birthday. 2020 has become such a crazy year for all of us and many of us cannot wait for 2021 to begin. We have all been handed the challenge to step up and be better. I've been providing consistent strategy and execution guidance to my clients during this new way of business. These new strategies are not always easy to hear, but rather they are often implemented as a wakeup call to get them to embrace necessary change for survival. We must understand that these are things that we are going to continuously see happen in our lives and in our world.
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It is more important than ever to not get swayed from contemplating calculated risks that could grow your business. I myself have taken on and embraced more risks while achieving some eye-opening rewards this year. A key point that I want to make sure is understood here is that risks need to be taken in business as well as in life. Now granted, many of us will go about them differently, depending on our life experiences. Coaches and mentors may help guide us through some challenging decisions, but either way, we must still commit to executing and owning the outcomes of those decisions. Embracing change is simply part of a successful life. My own wife's business, All Points Equine, is a great example of embracing change for growth. Their Greater Lehigh Valley-based, large animal practice has steadily grown over the last 7+ years. She and her co-founder had to make risky decisions to ensure their professional sanity as we approached 2021 and beyond. One thing that was uncommon to many other local businesses was their realization of needing to hire on a new veterinary doctor and a vet tech. Hiring personnel is a big decision for a small business. I only bring this business case into our story here because she's obviously a big part of my life, and I'm proud of their all-women business and their continued success. The greater the risks, the greater rewards. As we become accustomed to experiencing more risk, our skin will thicken, and our comfort threshold will rise. Surround yourself with growth-minded influencers from different walks of life, different pastimes, other careers, etc. What matters is MyNetworkMag.com
a diverse pool of positive feedback, mindset alignment, and sharing of best practices. What matters, even more, is that we come together, and we all help each other rise with the tide, together. Have you played it a little too safe this year? Has fear paralyzed your need to innovate and pivot your business? Have you missed out on some possible rewards that had relatively moderate risks involved? Have you failed to innovate and embrace change to ensure your business can survive into the next 10-20 years? I've never allowed myself to get too comfortable. We must continue to build up a great network of positively charged professional connections. My wife and I are committed to growing each other's success to have a sustainable Freedom Trifecta. I created this years ago; Time Freedom, Location Freedom, and Financial Freedom make up this Freedom Trifecta. If you're an entrepreneur, you are already on the risk curve. It's a huge and exciting risk every time you start up a business. We cannot blame anyone else but ourselves if our businesses are failing. I take personal and professional accountability very seriously. A lot of
businesses, small and large, have failed this year, and that is unfortunate. What could we have done to help those businesses innovate and pivot for future success? When we look back at 2020, we will see some amazing transformations and some profound success stories. I'll be the first one there to study and learn from each of them. Do not let fear paralyze you. Get better with embracing it so you can keep growing forward. I wish us all continued success as we put 2020 behind us and rip the lid off of 2021!
Business Acquisition Market Update TOM KERCHNER, MANAGING DIRECTOR BMI MERGERS & ACQUISITIONS The year was looking to be another possible record-setter for deal activity, and then Covid hit. The impact in Lehigh Valley was similar to Pennsylvania and the country as a whole. Deals suddenly were put on hold or cancelled. According to GF Data®, lower middle-market deal flow in Q2 2020 was 76% below the prior five-quarter average. Surveys of deal professionals from the AMAA and M&A Sources both came up with similar conclusions where approximately 50% of transactions in process were put on hold or outright cancelled, and in most cases, it was the buyers making the call. Buyers and lenders were rightly apprehensive as businesses were shut down, and demand dropped. But something happened by the end of May, as parts of the economy started to open up, demand increased, and the general mood improved. This was reported here in Pennsylvania and elsewhere. Many deals that were on hold moved towards completion in Q3. This happened because as bad as Covid shutdowns have been for certain sectors, particularly hospitality, other sectors had surprising resilience and even strength. Business and industrial services, along with manufacturing, saw some declines but a strong rebound, and we also saw the same in home improvement related businesses as business demand rebounded to levels above prior years. Although hospitals 22
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have taken a large hit, other healthcare sectors, including home care – medical and non-medical, have seen lesser impacts. At the same time, buyers came back into the market in a strong way in May and have continued to be very active right thru September, creating a competitive situation for sellers of quality businesses. The current market is good primarily for quality companies with few or minor imperfections. Buyers may be active but are also more cautious and have less of an appetite for companies with significant issues beyond demand. This is a cautionary note for owners thinking about selling soon – if you want to get a good price - prepare your business as Covid has brought an additional level of scrutiny. Even for the deals that are being completed, we have seen an increase in the use of earn-outs to help bridge some of the near term uncertainty. The sizes of earn-outs have been relatively modest, which seems to reflect the buyer's concern about the near term but continued optimism for the long run. Commercial lending for business acquisitions continues to be mixed. While base interest rates have decreased, premium levels have increased due to bank's perceptions of uncertainty. SBA backed lending continues strong for deals under $5 million, although we have seen additional due diligence as lenders attempt to assess the longerMyNetworkMag.com
All of this means, for quality companies that are weathering Covid with minimal impact, pricing valuations have not declined. There does seem to be some pullback on the very highest valuations, but very few companies saw these even in the best of times. For the rest of the market, valuations remain in an expected range based on size and quality. Deal structures are seeing an increase in risk sharing as noted above with modest earn outs, but so far, we have not seen any noticeable increase in requests for seller financing.
term impact on companies' performance. For larger deals, some lenders have pulled back on their lending or decreased their risk tolerance. GF DataÂŽ reported for Q2 2020 that debt to EBITDA levels declined about 15%, forcing private equity buyers to increase their equity injections. The lending environment bears watching over the next six months.
The future is uncharted waters for all of us, and Covid-19 is not going away anytime soon, leading to continued hardship for many individuals and businesses. For business owners thinking about an exit, some will have a receptive market, particularly quality companies in the economically favored industries. Many corporate buyers have strong balance sheets and a desire to continue growth while private equity also has significant funds available and are deploying that capital for platform and add-on companies. Even high net worth individuals are actively pursuing deals, so at the present, the outlook is favorable if not quite settled.
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Embracing Vulnerabilities and Using them for Good JIM HUTCHINGS DIVERSITY & INCLUSION CONSULTANT This summer marked the 30th anniversary of the Americans with Disabilities Act. For most people, the day passed unnoticed, and everyone went about their business as normal. For some of us, though, it was a time to truly appreciate the elevators & escalators, ramps to access sidewalks, and the lever door handles & push-bars that are now standard in public areas. It was a time to see how our country has become more aware and accepting of adversity and people’s struggles, how society has become more welcoming of disability and diversity, and much more accommodating to individuals’ unique needs. My disability is rather minor, and I am often reluctant to even refer to it as a disability because, like so many things, it looks far worse than it is. I was born with short arms and missing fingers. I have no thumbs. But I've known nothing different. This is my life, and while I am completely independent, live alone, drive a typical car, and all of those "normal" things, I actually look quite different. People look at me and see something less than who I actually am. They see my vulnerability. Everyone has vulnerabilities. Most people are able to keep them hidden to all except a select few confidants they allow inside, but it doesn’t mean they’re not there. When it really comes down to it, though, they shouldn’t be hidden! As leaders in business, we need to find these vulnerabilities and embrace them! Gone are the days when it was sufficient to follow the tried-and-true patterns that would make a business successful. We need truly innovative ideas to stand out in today’s business world and make a real impact. Robots and machines doing the same thing over and over again? We’re beyond that for today’s leading service industries. To make an impact selling our widgets or services, we need to stand out, and we're obviously not going to get there by doing what we've always done! We need to reach out to wider audiences with very different backgrounds, and to do that is much easier than you would think.
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Understanding vulnerabilities of yourself and those around you help you see the bigger picture. By surrounding yourself with people from different backgrounds, you automatically get multiple perspectives and different approaches to the same challenge. Their (and our own) vulnerabilities can almost always be embraced, adding the unique experiences and world views to our own business processes. This is truly thinking and working outside of the box, to borrow an often made-fun-of business buzz word bingo term. Like a daisy growing out of the concrete, let’s look at the adversity and vulnerabilities people have experienced in their lives as beauty and strength coming out of some rather unfortunate situations. This is the kind of grit and vigor most people say they want to hire, right?? These are unique capabilities and perspectives that cannot be taught; they’re only earned through life experiences. So, it’s not only a bonus to hire for diversity in addition to skills, but it’s also going to bring insights to your team that no self-help book, business memoir, or leadership training course can teach you. Adversity and diversity are often considered struggles in the moment. They’re the challenges we sometimes think might break us… but they’re gifts when we finally come out on the other side. Whether it’s the project from hell in which you earn two promotions before completing, or successfully navigating the obstacles in your personal life and playing the physical hand you were dealt, they ultimately make us stronger! It benefits us all to appreciate these vulnerabilities that are experienced. When we all look at them not as hindrances or flaws in people, then we can fully appreciate the value it brings. Even without a noticeable disability, we all have struggles and face adversity in our daily lives. Surround yourself with a trusted team of people with different backgrounds, struggles, challenges, and life experiences to be exposed to their different viewpoints, and you just might be surprised with the new successes from opportunities you never knew existed.
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Workers’ Compensation Liability and the Remote Employee ABIGAIL A. GROSS, ESQ. GROSS LAW OFFICE For many people, working from home is the "new normal." The COVID pandemic has forced millions of employees to bump up their Internet speed, learn to use ZOOM, and transform an unused corner of the home into a functional office space. The goal was to remain productive yet distant. We did this because it was part of our social responsibility – and because the Governor told us that we had no other choice. Most people hope that the short-term sacrifices are exactly that: short-term. (I, for one, look forward to the day that I no longer have to wear a facemask.) But many employers are embracing the benefits of a virtual workforce. Mark Zuckerberg said as many as 50% of Facebook employees could be working remotely within the next five to 10 years. Twitter also announced that it would allow some of its workforce to continue working from home "forever," if they choose. While you may not be an employee of Facebook or Twitter, there are many local employers who are making the same forecast. Your dining room may end up being your office for longer than you expected.
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So what happens if you trip and fall in your dining room (aka home office) and break your arm? What if you drop a heavy box and injure your foot? What if you fall down the stairs while heading to use the bathroom?
Can you have a WORK injury while working from HOME? The short answer: absolutely. Pennsylvania Courts have generally included workfrom-home injuries as compensable claims. Indeed, one of the most basic tenets of The Pennsylvania Workers’ Compensation Act is that benefits are to be paid to an employee who is injured while “acting in furtherance of the employer’s interests.” The scope of this protection extends beyond the walls of an employer-owned workplace. For decades, Pennsylvania Courts have awarded benefits regardless of whether the employee is on or off the employer’s premises. In these scenarios, the Courts focus on the “relatedness” of the activities. In order to qualify for workers’ compensation, the millions of Pennsylvanians who are now working from home must prove that they were “acting in furtherance of the employer’s interests.” MyNetworkMag.com
As you can imagine, every case will be fact-specific. Here are two examples: COMPENSABLE - The employee was in her kitchen to get a drink of juice. She receives a call from her supervisor and falls down the stairs while returning to her basement computer work station. See Verizon Pennsylvania, Inc. v. WCAB (Alston), 900 A.2d 440 (Pa. Cmwlth. 2006). NOT COMPENSABLE - Employee sustains injury when he trips and falls while outside the house – getting the mail, during a smoke break. See Werner v. WCAB (Greenleaf Serv. Corp.), 28 A.3d 245 (Pa. Cmwlth. 2011). In addition to “acting in furtherance of the employer’s interests,” the courts have found liability to exist when the employee made an innocent departure from work activities. Known as the “personal comfort” doctrine, an employee who sustains an injury during an inconsequential departure from work during regular working hours, such as going to the bathroom, is nonetheless considered to have sustained an injury in furtherance of the employer's business.
fice, the odds are that no one is reviewing your workspace to make sure it is ergonomically compliant. In addition, employees working from home may not be adhering to typical office hours. Employees may decide to power through their workday with no breaks, causing fatigue and injuries associated with carpal tunnel, neck, and back pain from long periods of sitting at a computer. Regardless of where or how the injury occurs, the rules regarding notice still apply. If you believe that you sustained an injury while doing your job, you must give notice to your employer. Practically speaking, the sooner, the better. However, the law provides that notice must be given within 120 days. So for all of you remote, virtual, telecommuting employees… be careful in that dining room!
Workers’ compensation benefits also remain available even though employers cannot control what happens in an employee’s work environment. Unlike the corporate of-
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Why Can’t They Just Agree? IAN M. RICHETTI CROSSON & RICHETTI, LEHIGH VALLEY FAMILY LAWYERS Kyle’s Courthouse Deli is just down the block from the Lehigh County Courthouse. Thanks to its proximity, name, and litigation-themed menu, it’s a favorite lunch spot for Allentown's legal community. Any given day between noon and 1:30, you’ll see a roll call of attorneys, court staff, deputies, and even judges.
recognize the same faces, even behind masks. I am not at Kyle's; I’m in court, looking forward to heading there during the inevitable 90-minute break from the custody trial that is about to commence.
One day, as I was waiting for my “Paralegal” (Italian Sub with extra oil and vinegar and oregano), one of our learned Judges walked into Kyle’s with a companion. We exchanged courteous nods, and he returned to his conversation. I didn’t catch the context – for all I know he could have been discussing the case I had recently argued before him – but I distinctly heard him say, with frustration:
My opponent and I are discussing the matter while we wait for the Judge to enter the courtroom. We are cordial and able to make casual conversation without being adversarial (we’ll do that once we’re on the record). The particular case is, comparatively, an “easy” custody trial. No major concerns about child abuse, drugs, or parental alienation. Just two loving parents who need the court's help because they can’t agree. That’s when he says it:
“Why can’t they just agree?”
“Why can’t they just agree?”
It could appear unseemly for a sitting Judge, whose job is making decisions when people can’t agree, to bemoan the fundamental purpose of his own position. If people could just agree, we wouldn’t need Judges. Or lawyers, for that matter.
Our profession is founded on and relies on other's inability to agree. And yet I find it more and more common that my colleagues and I wish our clients would just figure it out.
Fast forward many months later. COVID-19 is now the new normal. There are fewer people at Kyle's, but you can still
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Act 55 of 2018 adopted the Uniform Collaborative Law Act (“UCLA”) as law in Pennsylvania, now encoded at 42 Pa. C.S. § 7401 et seq. The Act established the framework for a new
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with three neutral professionals: a financial professional (often a CPA), a mental health professional, and a “Coach” (who could be from any of the three professions). It’s not mediation (though it incorporates mediation techniques). It’s not “negotiation” in the traditional sense that we are attempting to weigh the "what" they could get in court against the relative costs and long-term consequences of protracted litigation. It’s certainly not litigation in the traditional sense, because the Process starts with a written contract prohibiting the parties from going to court. Instead, it shifts the conversation away from legal rights and entrenched positions and asks the parties to identify their interests and goals. If the party’s position is “I want the house and the kids,” the Process helps the parties express the underlying reason why they want the house and the kids, and then rephrase those interests in a non-adversarial manner. The old adage says, "a successful negotiation means everyone is equally unhappy.” We lawyers could expand that to say that a successful custody litigation means everyone is equally angry. The result of a successful Collaborative Law Process is that everyone leaves with their goals met, and their interests are satisfied. And, in the end, the parties who couldn’t agree have learned how to agree.
method of dispute resolution, specifically geared toward family litigation, but also usable in estate, probate, and other civil matters. Collaborative law creates a new methodology to facilitate an agreement between two people who seemingly can’t agree. The Collaborative Process starts with two attorneys, trained in the Collaborative Process, to represent the parties. But under this framework, the two attorneys form a “team” along
There are vibrant and active Collaborative Practice Groups in Philadelphia, Pittsburgh, and Harrisburg. Here in the Lehigh Valley—Pennsylvania's third-largest metropolitan area—we don’t have it yet. What we have is a group of legal professionals who wish people could learn to agree. Collaborative law gives us an opportunity to teach them how. For more information on Collaborative Law, take a look at the International Academy of Collaborative Professionals’ website at www.collaborativepractice.com.
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Privacy, access, and the new Pennsylvania digital assets act: The future is now. Is your estate plan up to date? JUDITH A. HARRIS, ESQ. NORRIS MCLAUGHLIN, P.A. Our use of computers, the cloud, and online technology figures prominently in our professional and personal lives. And for many, our reliance on such technology has increased during this year, as we adapt to new work environments and business practices dictated by COVID-19. Therefore, it is good news that on July 23, 2020, the Pennsylvania Legislature passed Act 72 of 2020, the PA Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA ). This law becomes effective on January 20, 2021, making Pennsylvania the 48th state to adopt the transfer of digital assets legislation. Before RUFADAA, fiduciaries – such as executors, agents, trustees, and guardians--did not routinely have the authority to gain access to one's digital assets or electronic communications, particularly after one's death. Prior to the Act, PA law provided no legal procedure to authorize custodians of digital assets and electronic communications (such as Facebook, Google, and Apple) to disclose one's digital assets to a fiduciary. What are Digital Assets? The Act defines a "digital asset" as "an electronic record in which an individual has a right or interest." These assets can include the following: 1. Emails. 2. Your Contacts on your smartphone. 3. Files stored on the hard drive of your computer or other drives, including, for example, your saved passwords to banking and investment accounts. 4. Photographs, documents, music, and video stored in the cloud or posted to social media sites. 5. Blogs written by you. 6. Cryptocurrency. 7. Popular digital storefronts such as eBay© pages and valuable web domains.
What the Act Does and Does Not Do RUFADAA is welcome legislation but is no substitute for a carefully constructed estate plan. The Act gives you the power to plan for the disposition and management of your digital assets (during life and after your death) in the same manner as you can plan for bank accounts, real estate, stocks and bonds, business assets, and tangibles. How? 1. Include specific instructions in your Will, Trust, and Powers of Attorney; and 2. Maintain (with your estate planning documents) an up-to-date list of your digital accounts, terms-of-service agreements, and all modifications and deletions to online tools associated with each such account.
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The Act does not specify the degree of access or control over the content of your digital assets you wish to confer on your Agent under Power of Attorney, Executor of your Will, or Trustee of a trust you create. As such, your estate plan is not complete unless each such document and related instructions address these issues. Ask yourself: Which of my digital assets do I want deleted or kept private in the event of my incapacity or death? Which of those assets do I want disclosed to my agent, executor, or Trustee? Do I want those fiduciaries to have access to the actual content of my digital assets (such as specific emails), or merely the records of such electronic communications? Access to a digital asset is routinely governed by a terms-ofservice agreement issued by the custodian who maintains, processes, or receives a digital asset of a user. Not all custodians issue such agreements. And not all such agreements are alike. Certain custodians offer their own specific digital asset management options. (Example: the "legacy contact" option offered by Facebook.)
The Power of Online Tools vs. Your Will, Trust, and Power of Attorney Certain custodians' digital asset management options allow a user to make use of an online tool to instruct a custodian to disclose some or none of the user's digital assets, which may include electronic communications. If the online tool permits the user to delete or alter a direction regarding disclosure, that direction will, under the new Act, override the user's contrary direction in a Power of Attorney, Will, Trust, or other record. In the absence of an online tool offered by the custodian, or in the event of a user's non-use of such a tool, the user's Power of Attorney, Will, Trust, or other records may serve to permit or prevent disclosure of some or all of user's digital assets to a fiduciary. RUFADAA is a welcome but complex law. Consult with an adept estate planning attorney to ensure that your estate plan is poised for the future...
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One More Corona-Problem: The Telecommuting Employee EDWARD J. EASTERLY, ESQ. HOFFMAN HLAVAC & EASTERLY
On March 16, 2020, thousands of employees in Pennsylvania instantaneously became “telecommuters” for their employers. Most employers were not prepared for this immediate change, primarily due to the fact that they did not previously permit or utilize remote workers for their business. Impacted businesses were forced to adopt remote workplaces or close down for a period of time. Over the last several months, employers have adapted to the remote workforce, but the issues of compliance remain. If a business does not ensure that it is handling remote employees in accordance with applicable laws and best practices, it may be presented with unwanted lawsuits and liability down the road. As an initial matter, if an employer permits employees to work remotely, it should have a "telecommuting policy" and "telecommuting agreement” in place with its employees. The telecommuting policy should specifically address which positions are permitted to telecommute and the requirements an employee must adhere to in order to remain a “remote employee.” The telecommuting agreement further establishes what is expected of an employee who is permitted to telecommute and the ramifications if the employee fails to comply with the expectations. One issue which should be specifically addressed in the telecommuting policy and agreement pertains to tracking hours worked. If an employer permits an employee classified as “non-exempt” under state or federal wage and hour laws to work remotely, the employer must establish protocols and procedures to capture all hours that an employee works during a given day. Employers should not just accept an employee’s “word” with regard to how many hours were worked on a given day. If an employer does not establish such written protocols
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for tracking working hours, it may be subject to a wage and hour lawsuit from such employees. Another issue that must be addressed is the work area which the employee uses while working remotely. Employees should be required to designate a certain area of the home as their "working area." By designating a specific area as the "working area," an employer may limit potential claims for work-related injuries if an employee trips over a pet, a toy, or any other variety of potential hazards left in the home. Employers must also establish procedures for any technology which is used by an employee while working from home. Will an employee use their own devices (computer, IPad, phone), or will the employer provide such technology for use by the employee? If the employee is permitted to use their own personal devices for work-related matters, a business must address the actions an employee must take or adhere to in order to protect a company's interests, including confidential information. In this regard, a business should require an employee to install firewall protections and limit access to the devices so as not to compromise company information. If an employee is provided with a company-owned device, the employee should acknowledge that they are only to use such devices for company business. Employees should further acknowledge that they are responsible for the costs of any such devices in the event they are lost, stolen, or damaged. Employees must also acknowledge that the devices remain company property and can be monitored by the company at its discretion and must be returned upon request. Finally, a business must have an established procedure to ad-
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dress performance-related issues for any remote employees. This requirement protects a business for a variety of reasons. As an initial matter, a business wants to ensure that the remote employees are performing in the manner expected. More importantly, from a legal perspective, however, is that the established procedure may provide a defense for an employer in the event of a claim of discrimination. In this regard, to the extent an employer requires an employee to return to the workplace or denies an employee the ability to work remotely the established procedures, to the extent they are uniformly followed, would be the first line of defense for such a claim. As with all such claims, the facts of
1605 North Cedar Crest Blvd., Suite 517 Allentown, PA 18104 (484) 408-6001 info@HHE-Law.com
the case would be determinative. Accordingly, if an employer establishes policies and procedures in name only, without following the procedures for all similarly situated employees, any benefit of having a policy is negated. As many employers have realized in the past several months, permitting employees to work remotely can be beneficial for both the employer and the employee. If an employer, however, does not establish documented protocols for handling remote employees, the potential benefit will be outweighed significantly by the potential liability.
Hoffman Hlavac & Easterly represents private and public employers in all aspects of the employment relationship. The Firm’s clients include employers of all sizes in a broad industry range, including health care, banking, manufacturing, education, retail, hospitality, and car dealerships. HHE can help your company with all of its employment related needs and ensure that you are not the next target for an employee’s claims. www.HHE-Law.com
The First Step Act: Compassionate Release during the Covid-19 Pandemic TREVOR R. WALDRON AND JOHN J. WALDRON, ESQ. HUBER, WALDRON & WILLIAMS LLP
The Covid-19 pandemic has affected individuals across the country in many ways. One class of people often forgotten are prisoners who have experienced high rates of virus infections because of the inability to social distance within prisons. In 2018, the First Step Act enacted by the 116th Congress amended 18 U.S.C. ยง 3582, permitting both the Bureau of Prisons (hereinafter "BOP") and inmates to file a motion seeking compassionate release. The amendment changed the requirement previously, permitting only BOP filed motions on behalf of prisoners. Given the relative youth of the First Step Act, there are few Federal appellate decisions interpreting 18 U.S.C. ยง 3582 and its effect on inmate filed compassionate-release motions. Predictably, the Covid-19 pandemic has caused a flood of litigation in Federal courts. Current Federal inmates are requesting reductions in prison terms through the compassionate-release program. See 18 U.S.C. ยง 3582. The First Step Act, which is the applicable Federal statutory authority permitting compassionate-release, states: [T]he court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request . . . whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that-- (i) extraordinary and compelling reasons warrant 36
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such a reduction; or (ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g). 18 U.S.C. ยง 3582(c)(1)(A). Additionally, if the BOP fails to expeditiously grant an inmate's request to file a compassionate-release motion, an inmate may either continue asking the BOP to grant the request or personally file a motion in District Court. In a recent precedential decision from the U.S. Court of Appeals for the Third Circuit, the court held "before [inmates] make such requests, defendants must at least ask the Bureau of Prisons (BOP) to do so on their behalf and give BOP thirty days to respond." United States v. Raia, 954 F.3d 594, 595 (3d Cir. 2020). Moreover, if the BOP denies an inmate's request, the inmate must file an administrative appeal prior to filing a motion in District Court. Id. However, in United States v. Harris, the Third Circuit found, "the statute states that the defendant [inmate] may file the motion thirty days after the warden receives his request." United States v. Harris, 812 Fed.Appx. 106, 107 (3d Cir. 2020). In other words, an inmate may file a motion for compassionate-release in District Court 30 days after tendering an administrative request, including when the BOP denies such a request within the 30-day window. To illustrate, another recent Third Circuit precedential decision, United States v. Pawlowski, 967 F.3d 327 (3d Cir. MyNetworkMag.com
the Third Circuit, while acknowledging that Pawlowski's health conditions are serious, found "the District Court reasonably concluded that several of the ยง 3553(a) factors . . . including . . . the need to reflect the seriousness of the offense, promote respect for the law, and afford adequate deterrence . . . counsel against compassionate release." United States v. Pawlowski, 967 F.3d 327, 330-31 (3d Cir. 2020). In other words, even when inmate health conditions constitute extraordinary and compelling grounds for a sentence reduction, consistency within sentencing guidelines remains essential. It is clear that compassionate release is a complicated issue. The case law discussed above provides a brief insight into an issue that will continue to occupy dockets throughout the Federal judicial system.
2020), provides insight. Edwin Pawlowski, a Federal inmate and former Mayor of Allentown, PA, sought a sentence reduction because underlying health conditions increased his risk of contracting Covid-19. The United States District Court for the Eastern District of Pennsylvania denied Pawlowski's motion, and Pawlowski appealed. In affirming the District Court,
Information provided in this article does not, and is not intended to, constitute legal advice; rather, all information and content contained in this article is for general informational purposes only. Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
2020 Pandemic: Foreclosure, Eviction & Bankruptcy CHARLES LAPUTKA, ESQ. LAPUTKA LAW OFFICE, LLC
The only thing for certain in 2020 is that it has been a stressful year for everyone. This year we have seen lengthy residential eviction and foreclosure moratoria, enormous stimulus packages, and record low bankruptcy filings across the Lehigh Valley. None of these things can last much longer.
2. The property is NOT subject to any federally backed mortgage, such as FHA or HUD loans, for example.
RESIDENTIAL EVICTIONS:
4. Any federally backed mortgage loan obtained after August 24, 2020, is NOT in forbearance status, nor is any application for mortgage forbearance currently pending.
On March 16, 2020 the Pennsylvania Supreme Court declared a statewide Judicial Emergency staying any pending eviction proceedings and preventing any new filings. Thereafter, Pennsylvania Governor Tom Wolf entered several executive orders effectively, placing a moratorium on foreclosures and evictions through August 31st. By September 5th, over 600 evictions had commenced across the Valley. However, landlords quickly realized that evicting a residential tenant in the second half of 2020 would not be without new restrictions and tenant protections. Introduced by the 116th United States Congress and signed into law March 27, 2020, by President Trump, the Coronavirus Aid, Relief, and Economic Security Act (C.A.R.E.S. Act) is a $2.2 trillion economic stimulus bill that requires additional eviction requirements for residential landlords and new protections for their tenants. In addition to filing eviction complaints, residential landlords must now complete an Affidavit of Compliance with Section 4024 of the CARES Act in order to begin the eviction process. Section 4024 requires a declaration that: 1. Neither the property nor any tenant of the property participated in or receives subsidies or benefits under a host of programs listed in the affidavit, such as Public Housing or Section 8 Housing, just to name a couple. 38
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3. The property is NOT subject to any unsatisfied mortgage securitized by the Federal National Mortgage Corporation (Freddie Mac) or the Federal National Mortgage Association (Fannie Mae).
5. If any federally backed mortgage loan obtained after August 24, 2020, was in forbearance, which has expired, that a notice to vacate was properly served pursuant to section 4023(d). If a residential landlord is able to satisfy the requirements to the Affidavit of Compliance discussed above, a tenant may forestall eviction through December 31, 2020, by completing the "Declaration for the Centers for Disease Control and Prevention's Temporarily Halt in Evictions to Prevent Further Spread of COVID-19" form. Signing this form is a certification by a residential tenant that they: 1. Have used best efforts to obtain all available government assistance for rent or housing. 2. Anticipate earning no more than $99,000 in annual income for the calendar year 2020 (or no more than $198,000 if filing a joint tax return), or were not required to report income any income in 2019, or received an Economic Impact Payment (stimulus check) pursuant to the CARES Act. 3. Are unable to pay full rent dues to substantial loss of household income or extraordinary out-of-pocket medical expenses.
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4. Are using best efforts to make timely partial payments as close to full payments as their income permits. 5. If evicted, would likely become homeless. 6. Understand the must still pay rent and comply with other lease obligations and that late fees or lease penalties may still be charged and collected. 7. Understand at the end of the temporary halt on evictions, the housing provider may require payment in full for all payments not made prior to December 31, 2020. FORECLOSURE MORATORIUMS: Whether or not Governor Wolf possessed legal standing to stay residential foreclosure proceedings from March 16, 2020, through August 31, 2020, he surprised housing advocates when he declined to extend the stay longer. Despite the expiration of his order temporarily halting evictions and foreclosures, Pennsylvania's "Homeowners' Emergency Mortgage Assistance Program" (Act 91 of 1983) remains designed to protect Pennsylvanians who, through no fault of their own, are financially unable to make their mortgage payments through continuing and non-continuing mortgage assistance loans from Pennsylvania Housing Finance Agency. Act 91 requires all lenders to send a specific Notice providing homeowners an opportunity to apply for the state mortgage assistance loans before they may begin foreclosure. Homeowners who take advantage of this process can effectively stay foreclosure more than 90 additional days. This means even non-federally backed residential lenders are legally forestalled from commencing foreclosure lawsuits into December 2020. In addition, the protections provided by Pennsylvania law, the CARES Act allows for up to two 180-day defer-
ments of payments for borrowers with federally backed or Government Sponsored Enterprise mortgages. A few common examples of such qualifying mortgages are FHA, VA, USDA, Fannie Mae, and Freddie Mac. With automatically approved deferment requests, this means many homeowners can avoid mortgage default and foreclosure into the summer of 2021. CONSUMER BANKRUPTCY and the CARES ACT: Since March, many financial analysts have predicted a "tidal wave of bankruptcy filings" as a result of governmentmandated business closures and stay at home orders. However, Consumer bankruptcy filings are presently at a long time low. While Chapter 11 business filings have risen in 2021, Chapter 7 and 13 consumer bankruptcy filings generally comprise 95% of cases filed each year. Recent reports suggest consumer filings will be down more than 50% for the year. While mortgage default rates have more than doubled from January 2020 to June 2020, monthly mortgage foreclosures have declined by 80% during the same time period. As a result, consumer bankruptcy filings historically used as a tool to reorganize delinquent mortgage debts are simply not necessary…yet. Despite over 2 trillion dollars in economic stimulus packages distributed to individuals and small businesses pursuant to the CARES Act through stimulus checks, forgivable Paycheck Protection Program loans, and lowinterest Small Business Administration Loans, middle-class Americans and small businesses are struggling to survive financially. While eviction and foreclosure, moratoria have seemingly staved off consumer bankruptcy filings in the short term, this trend is not sustainable without further economic relief from our legislators. Unless longer-term, more extensive, programs are put in place to resolve delinquent rent or deferred payments beyond the end of 2020, the "American economic disaster can" is just being kicked down the road into 2021.
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Smart small business owners consider business succession plans as part of their estate plans THOMAS A. CAPEHART, ESQ. GROSS MCGINLEY, LLP Small Business owners work long and hard to build, develop, and maintain a successful business, but how does a successful business owner "cash-out" and/or ensure their family is fairly compensated following the owner’s death? How do you transition the business to the next generation? What happens to my business if I become disabled or die? While there are a myriad of moving parts at play-from the type of business and nature of the business, ownership interests in the business, business and family dynamics, death tax, income tax, and valuation, among others- this article will briefly highlight some issues for small business owners to consider in formulating a succession plan as part of a well thought out estate/post mortem plan. Benjamin Franklin is credited with saying, "If you fail to plan, you are planning to fail," and that is true with many things in life, and the orderly transfer of business interests is no exception. According to the Small Business Administration, the United States has approximately 30.2 40
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million small businesses (less than 500 employees). While numerous, each small business is unique as is each business owner and that owner’s individual family dynamics and situation. I hope the following raises general awareness of business succession planning as part of an estate plan and prompts small business owners to consider and implement a business succession plan, with the ultimate goal of limiting expense and aggravation.
Buy-Sell Agreement If your business has more than one owner, you should consider a Buy-Sell Agreement (generally as part of a shareholder(s) agreement for a corporation, a partnership agreement for a general or limited partnership, or operating agreement for a multi-member limited liability company) with specific terms outlining the automatic and orderly sale/purchase of business interests should an owner become disabled/incapacitated or die. This would include terms on how the disabled/incapacitated or MyNetworkMag.com
deceased owner’s interests are valued and the terms of payment to that owner or that owner’s estate. A properly structured Buy-Sell Agreement ensures continuity of management and ownership, ensures the owner’s family is fairly compensated, and avoids/limits issues between the remaining owners and the family or estate of the disabled or deceased owner.
Death -Business Interests are part of your Estate Generally, your business is an asset of your estate following your death. Whether you operate your business as a sole proprietorship, a partnership, a limited liability company, or a corporation (whether Subchapter C or Subchapter S corporation), your interests in your business are typically part of your estate and following your death must be administered as part of your estate. Small business owners should have a Will to set forth that owner’s intent and wishes on how his/her business (as well as other property) should be distributed following death. A trust may be an alternate vehicle to transfer your business interests. Small business owners should also have a comprehensive durable financial Power of Attorney to allow business decisions to be made in the event of a disability.
Death Taxes. A major component of most business estate planning involves consideration of taxes, particularly death taxes. Death taxes have a federal and state component. A. Federal Estate Tax. The federal government/IRS will not tax your estate (including your business interests) if your estate is valued under the estate tax exemption amount. For the tax year 2020, the federal estate tax exemption is $11.58 million per person and $23.16 million per couple. So, if a business owner happened to die in 2020 and that owner’s assets, including the business, were worth less than $11.58 million dollars, that business owner’s estate will not owe any federal estate tax. B. Pennsylvania Inheritance Tax. Separate and apart from the Federal Estate Tax, however, Pennsylvania imposes an inheritance tax, which does not have an exemption like federal estate tax. Essentially, it starts at dollar one of an estate. Inheritance tax, unless otherwise provided in a Will or Trust, requires the individual who inherits the assets (“beneficiary”) to pay tax on the value of those assets. More specifically, the tax rates on beneficiaries are, generally, as follows: • 0% for a spouse.
• 4.5% for a child/grandchild/descendant or parent/ grandparent/ancestor; • 12% for a sibling; • 15% for all other family members or individuals.
Possible Options to Minimize Death Taxes or avoid probate So how can small business owners avoid or limit death taxes on business interests following death? Unfortunately, there are few, if any, good options to eliminate the death tax, but limiting tax exposure is still possible. One option may be a Grantor Retained Annuity Trust or GRAT, which, if properly structured, allows the owner to transfer appreciated business interests and assets to the family and retain a stream of income for himself/herself. Proper use of these trust vehicles may protect the appreciated value of business assets otherwise subject to gift or death taxes. Another option may be to form a Family Limited Partnership (“FLP”) to hold business assets, which allows for the lifetime transfer of portions or units of that business to the owner’s successors or family at discounted values. While not specific to limiting taxes on the transfer of business interests following death, one more direct way to ensure the family has money while the business interests are being transferred is to set up an Irrevocable Life Insurance Trust or ILIT to promptly pay proceeds and provide liquidity to the owner’s family. Generally, those insurance proceeds are not subject to income tax, Pennsylvania Inheritance Tax, or Federal Estate Tax, provided the benefits are not payable to the estate and/or the deceased owner is not both the owner and insured under the life insurance policy. Please note, GRATs, FLPs, and ILITs are subject to complex rules and may not be appropriate depending on one's goals, wishes, and particular set of facts. Accordingly, the author strongly recommends consultation and review with a knowledgeable tax and estate-planning professional. As mentioned, each small business and each owner’s situation is unique and requires careful and specific planning to accomplish that owner’s goals and avoid unnecessary time, expense, and aggravation. I hope this article provides readers with some food for thought.
This article is intended as general legal information and not as legal advice. Should you have any questions regarding the subject matter of this article or wish to discuss your particular circumstance or situation, please contact the author.
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Battling Social Isolation VANCE P. FARRELL, CPS SUPERVISOR PENNSYLVANIA MENTOR
To some, the idea of social isolation may have seemed like something that only dreams could be made of. The simple idea of being separated from coworkers, the general public, and mundane everyday responsibilities that we all face was something of a “paradise dream.” However, the landscape changed far too quickly. Suddenly many were thrust into a nightmarish situation. They were forced to realize that they found themselves helplessly cast upon an island with resources dwindling around them as grocery stores began to run out of supplies. Large quantities of people were being furloughed or laid off amidst this pandemic. This is counter-intuitive to the way we have survived for years, as humans are social beings who thrive in community environments and being subjected to mandated social isolation can have severe, lasting impacts on those who are unprepared. Feelings of loneliness can begin to set in very quickly in a situation such as this. These feelings can be compounded with other negative emotions from an increase in depression such as insomnia/ hypersomnia, weight loss, fatigue, increased feelings of worthlessness, and an impaired ability to think, which can significantly impair a person's ability to function at a sustainable level. These symptoms can also lead to physical health concerns that can cause the individual to become more susceptible to other illnesses and viruses, which is clearly not something desirable by anybody during a viral pandemic. Paranoia, worthlessness, and anger are 44
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a few examples of other feelings that are possible throughout this pandemic. These need to be highlighted, and these can be just a serious and have a direct impact on our thought processes and the behaviors exhibited in times of isolation. Luckily, due to the era in which we are lucky enough to live in, there are other options for establishing and maintaining contact with others. Through the utilization of virtual meet-up groups and other social platforms such as social media, video and phone calls, text messaging, and video gaming, these experiences can assist in helping to combat those feelings of loneliness described above. This can create a sense of community within oneself as experiences are shared with others with similar interests. By increasing one's social experience, a support system is created within these outreach locations that can be utilized by sharing one's feelings with others who may be experiencing the same struggles and can help combat the emotional and physical ailments that may come with this social isolation. Another tenet that is important to establish during sequestration is a daily routine to give each day purpose and provide oneself with positive feelings of accomplishment and pride in the work done. Just as important is finding coping skills that can be done by yourself to pass the time and distract oneself from these intense feelings will be a necessity. What about when this pandemic ends though? How are we supposed to cope with the attempted return MyNetworkMag.com
to normalcy knowing what just happened and having those lived experiences present within our minds? Thoughts such as these may be flooding into many people's heads as the fear of returning can be just as real and severe as the fear during the isolation. The support systems established before and during the isolation will be of great use during this time, as many who were experiencing the same feelings during the pandemic will also be sharing the same feeling upon its end as it will require everybody to uproot what has become the new normal. Coping skills established during isolation will remain effective afterward, and increased access to outside resources and social establishments will be extremely beneficial. As mentioned earlier, humans are social creatures that thrive in community environments, with even the most introverted people having a support system that can be utilized during times of need. Even though human connections during times of social isolation are limited, there are ways to combat what is experienced during and after the pandemic while remaining safe and ensuring the overall benefit of society. Stay strong and reach out when needed!
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Feeling Dizzy?? JENNIFER STINSON, Au.D., DOCTOR OF AUDIOLOGY STINSON AUDIOLOGY SERVICES Have you ever felt so dizzy or vertiginous that you cannot perform simple tasks like turning your head to change lanes while driving or reaching up in your kitchen cabinet to grab a cup? Vertigo or dizziness is a common problem that often prompts us to go to a primary physician only to be prescribed a pill to 'make it go away.' Often you leave the doctor’s office very uninformed regarding what is truly the cause of the vertigo. While vertigo is a diagnosis code that is commonly used and accepted by insurances, it is not always a true diagnosis. Vertigo or dizziness is often a symptom of an underlying problem, and when a pill is prescribed to suppress that symptom, the disease is not found or treated; the symptom is simply suppressed so that you no longer feel dizzy. There are many causes of vertigo, and if you are experiencing these symptoms, especially for any prolonged length of time, you should consult a physician. This article describes one very common cause of dizziness, Benign Paroxysmal Vertigo, or BPPV. BPPV can be caused by head trauma, but very often, the cause is not known. The symptoms, however, are very memorable. They are provoked by the head movements described above and additionally may occur while rolling over in bed, turning your head quickly, or laying back to get your hair washed at a salon. These head movements cause a feeling of the world spinning for about a minute and may leave you feeling nauseous and off-balance. Taking a pill for this will simply make those feelings go away but will not treat what is truly causing the problem. 46
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BPPV is a result of a problem in the inner ear, which is made up of three semicircular canals filled with fluid. Under normal circumstances, when your head moves, the fluid moves and pushes on a membrane that is weighted with calcium crystals. When this happens, a signal is sent to your brain telling it which way the head is moving so your vestibular system can correct your eyes and keep you from feeling off-balance. In BPPV, those crystals have come loose from the membrane and are now free-floating in the fluid filled canals (say that five times fast). Having those crystals free-floating results in your brain getting mixed signals when you move your head, causing you to feel like the world is spinning. Taking a pill does not make these crystals move back to their correct position, but fortunately, there are simple and easy head movements that can correct BPPV. Since there are potentially three different canals that the crystals can be floating in, BPPV requires an evaluation by an Audiologist or a properly trained Physical Therapist to determine which movements are appropriate for your symptoms. These movements are referred to as Vestibular Rehabilitation, and when administered correctly, they can result in immediate relief, no pills needed! While BPPV is one of the leading causes of vertigo, there are still many other causes that can be more serious and require further medical attention. If you are experiencing vertigo or dizziness, I encourage you to consult your primary care physician or an Audiologist. Ask questions and be informed about the proper treatments available. MyNetworkMag.com
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"Alexa, Why Did the Seller of My House Take the Security Cameras?!": The Internet of Things in Real Estate Transactions STEVEN T. BOELL, ESQ. FITZPATRICK LENTZ & BUBBA, P.C. Smart devices connected to the "Internet of Things" can make life in your smart home significantly easier. But when buying or selling a home, those smart devices need to be considered and carefully included in the sale's agreement and disclosures.
included in the deal. I have had clients come to settlement on several transactions and say things like: "they took the speakers out of the wall," setting off sometimes heated discussions with the other party as some of these components can be expensive.
The Internet of Things refers to the system of devices that can connect to the internet. Many items in your home may be connected to the Internet of Things, including a smart speaker, light fixtures, thermostat, refrigerator, home security system, or even a doorbell, to name a few. These devices can communicate with one another through the Internet of Things and with you, often making day-to-day tasks more convenient.
As the old saying goes, "An ounce of prevention is worth a pound of cure;" here, the ounce of prevention is a carefully tailored and well-written sales agreement. The worst thing is to leave these issues ambiguous and up to argument at settlement.
You might be using the Internet of Things without even realizing it—for example, if you use a voice-activated smart speaker to check the weather, use your phone to turn down your home's temperature before leaving work, or use an in-home camera to check on your pet while running errands, you are using the Internet of Things. Although smart devices often introduce new efficiencies to our daily lives, some internet-connected devices collect data about our daily habits and preferences. In many cases, that information is used to help technology fit into our lifestyles, making for a better experience. But sometimes, that data is shared with businesses over the internet or stored on the device itself. A seller, including these devices in the sale, needs to carefully consider what happens to that data. These increasingly complex appliances and systems can create privacy concerns and legal issues, especially when buying or selling a home. The issue that arises, often at settlement, is whether these devices are included in the property's negotiated sale. The legal argument is whether they are "fixtures" (i.e., items attached to the house in a manner that renders them a part of the real estate and presumed to be included) or "personal property" (the items such as furniture that can be removed by the seller before closing and presumed to be excluded). Absent a well-negotiated Agreement of Sale, and buyers often discover at the final walk-though that there was no meeting of the minds on whether Internet of Things components were
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Buyers and sellers must carefully negotiate upfront which devices and components will be included in the sale. The Pennsylvania Association of Realtors recently published a revised Standard Agreement of Sale attempting to address this issue. Whether you decide to include internet-connective devices with your home, the sales agreement should acknowledge that some devices in the home may record data and share it with third parties, even without the seller's knowledge. This is a first step to protecting both parties in the event of an unintended privacy violation. If Internet of Things components are to be included, the agreement should require sellers to disconnect their personal devices, like smartphones or computers, from any Internet of Things devices that will remain in the home. Sellers should also be expected to remove any data collected by those items from their personal devices and from the internet-connective device itself. These provisions ensure that both the buyer and seller's privacy is protected after the sale is complete. Failure to comply with these provisions should result in legal liability that lasts well beyond closing. The legal landscape around residential transactions is always evolving, which often adds complexity to an already stressful experience. Taking the time to review all documents with a real estate attorney can ease your mind while protecting yourself from unforeseen problems. Steven T. Boell is an attorney and shareholder at the law firm of Fitzpatrick Lentz & Bubba, P.C. He represents clients in commercial and residential real estate transactions and clients in the healthcare industry throughout Pennsylvania. Steve can be reached at sboell@flblaw.com or (610) 797-9000 x330.
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With Low Inventory, Lehigh Valley Sellers Receiving 99.7% of List Price JUSTIN R. POREMBO, CHIEF EXECUTIVE OFFICER GREATER LEHIGH VALLEY REALTORS® The Greater Lehigh Valley REALTORS® (GLVR) reported August data – the most recent data currently available – showed that pending sales and showings remained at strong levels while housing inventory remained limited, continuing the competitive bidding market we have seen for many months now. As we head into the beginnings of the fall season, we normally see housing activity begin to slow, but this year is far from normal. With the stock indexes at or near record highs as mortgage rates remain near record lows, signs point to a busy fall housing market – if our REALTOR® members can find sellers. During the month of August, Northampton and Lehigh counties saw New Listings decrease 7.1 percent to 948, a sign that some sellers are wary about the low inventory situation and/or because they are not yet ready to allow individuals into their homes due to the global COVID-19 pandemic. That said, both Closed Sales were relatively steady, dropping just 1.7 percent to 937. Pending Sales jumped 23.4 percent to 995, showing that many buyers are still working their way through the closing process. Inventory levels shrank 55.3 percent to 850 units, leading to a Month's Supply of Inventory that was down 51.9 percent to 1.3 months. This low inventory means home prices continued to gain traction, and Days on Market remained fast. The Median Sales Price increased 9.1 percent to 50
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$240,000, with sellers receiving 99.7 percent of list price. Days on the market decreased 15.6 percent, coming in at just 27 days. While uncertainty remains on what effects the upcoming elections and any seasonal resurgence of COVID-19 may have on the financial and housing markets, the healthy housing demand we see today will create significant tailwinds in the near term. The local market is experiencing robust activity due to the delayed spring selling season. There are no indications that contract activity will wane in the immediate future. Is Real Estate Safe During a Pandemic? Yes. Porembo and Gross emphasized that real estate is safe in the age of COVID-19. All area REALTORS® have access to suggested best practices that outline how to keep everyone involved in a real estate transaction safe. Should any consumer – whether they be a home buyer or seller or even a renter – be interested in learning how they and their REALTOR® can work together to create a safe environment for a real estate transaction, additional information is available at parealtors.org/coronavirus/ best-practices. Need a REALTOR®? You can research and find a local REALTOR® at www.GLVR.org. MyNetworkMag.com
Should that be
leaking? You finally found your dream house. There’s some moisture here and there, but you’re not worried. After all, what are the chances that tree roots have strangled an aging sewer line just outside the basement wall? Even the dreamiest house can turn into a nightmare. Don’t risk making an ill-informed offer when you could be getting expert advice. Work with a real, live, local Realtor®. It’s worth it.
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Keeping Your Sanity and Keeping Your House Clean During the Pandemic! Clean Houses Sell Quicker! KIM MANTZ, REALTOR, BHHS FOX & ROACH-BETHLEHEM With more of your family working and learning from home, it may seem as though everything from the floors to the microwave is getting grimy faster. From professional housekeepers and school janitors, here are some tips and tricks for keeping your home clean and fresh without spending a lot of time or money: • Dust with your dryer. Blankets, pillows, drapes, and other household textiles get dusty because they absorb moisture and act as a landing pad for dust from ceiling fans and air vents. If they are not machinewashable, toss them in the dryer on the air-fluff setting (no heat) for 20 minutes with a damp towel to remove dust and pet hair. • Erase scuff marks. Clean off shoe scuff marks from vinyl flooring with a clean, dry tennis ball. A light rub and heel marks are easily erased. • Clean ceiling fans. These fans are a blessing when the weather is hot, but the idea of cleaning them can be daunting. Wrap a dryer sheet around a clean painting roller and secure the ends with rubber bands. Then attach an extension handle to the roller and dust away. • Steam clean the microwave. Remove baked-on food particles and spatter without a lot of elbow grease by putting a bowl of hot water inside the microwave and setting it for 5 minutes. The steam will loosen the grime and make it easy to wipe off with a cloth. • Keep that coffee maker clean. Often-used coffee makers can be a hotbed for bacteria and gunk. Once a month, fill the coffee maker’s reservoir with four tablespoons of white vinegar mixed with water. Run it through, then run it once more with only water to get rid of any vinegar smell. • Use a dryer sheet to clean cookie sheets. Grime stuck to your cookie sheets or frying pan? Put it in the sink with dish soap, warm water, and a dryer sheet, and leave for an hour or two. Rinse, and the mess goes down the drain. • Wax paper those fixtures. Keep kitchen and bath fixtures shining. After washing them down, polish them with a sheet of wax paper. The wax repels wa52
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ter, keeping those taps and faucets looking cleaner longer. You may get a little help from these proven time-saving kitchen hacks:
• Tame frozen ice cream. Ice cream too hard or frozen to the scoop is a pain when every minute counts. Put the carton in the microwave for 15 seconds, and it’s ready to serve with ease. • Have ripe fruit at the ready. Green bananas or rockhard peaches are no fun to eat—and neither are mushy over-ripe ones. Buy a few ready-to-eat and a few less ripe, which you can keep in the fridge until you need them. Then ripen them fast by placing them in a brown paper bag for just a day or two. • Open a stubborn jar. There’s nothing more frustrating than trying to get the best of a jar that doesn't want to open. Wedge a spoon underneath the lip of the lid and push up until you hear a pop. The jar will open instantly, so if there’s liquid in it, perform the operation over the sink to avoid a mess on the floor or countertop. • Clean a grungy cutting board. Few things are less appealing when preparing food than a sticky, scratched-up cutting board. Make it look like new again by sprinkling it with coarse salt, running a halved lemon over the surface, then rinsing it with clear water and letting it air dry. • Trap a bit of eggshell. It’s annoying and time-consuming when a tiny scrap of eggshell falls into the bowl and slips and slides when you try to get it out. Ditch the grief and use the broken shell to scoop it out in a flash. • Stop boil-overs. Water boiling over leaves a mess to clean up. Avoid the boil-over altogether, or stop one mid-boil, by putting a wooden spoon into the pot. • Cook bacon in the waffle iron. Save a pan and reduce clean-up time by cooking bacon strips in the waffle iron. The bacon will crisp up nicely, and waffles cooked in the left-behind fat will have that lovely bacon-y taste. MyNetworkMag.com
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Working in Tech: US vs UK CORREY CULLINS, DATA ENGINEER FACEBOOK
I've been in the tech industry for about seven years now. During that time, I also ended up moving from the States to Europe: First to a country called the Isle of Man, a small rock in the middle of the Irish Sea, and then to the UK. My career started as a help desk support agent at a school software start-up in the Tampa/St. Pete area. I had no industry experience but had been doing in-home computer repair for friends since I was a teenager. After getting my foot in the door, I was able to learn a ton, get promoted, and eventually transferred to an online gambling company in the Isle of Man as a data analyst. I'm now a data engineer at Facebook in London. It was a tough decision for my wife and I to leave our family and friends behind and take the leap to move abroad. In the end, we decided to take the opportunity while we were still young before, we started a family. A big draw for us was being close to Europe and how cheap airfare is to travel to different countries. While the US is massive and the regions each distinct, we wanted to explore new cultures, soak in the rich history of the old world, and, most importantly, try all of the food! There are some pretty big differences between the US and Europe in relation to work, at least in my experience. Admittedly, I spent all of my time in the industry in the US at one company, so that experience is a bit limited. But based on conversations I've had with friends who worked elsewhere, I think that what I experienced was pretty standard. Aside from the obvious benefit of free universal health care, the biggest shock to me, after starting my job on the Isle of Man, was around the idea of time off. In the US, vacation was taken in the form of long weekends, maybe piggybacking on a holiday weekend if you wanted to go somewhere farther away. The idea of taking a week or two off to rest and recharge seemed crazy to me. What would happen to the projects for which you were responsible 54
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if you were gone for two weeks?! Well, it turns out, the world doesn't stop spinning, and you just play catch-up for a few days upon returning. Work-life balance, in general, is much better across the pond. On the Isle of Man, specifically, we had 8-hour workdays, which included an hour of lunch. This meant we were expected to work a measly 35 hours a week! Of course, as a salaried employee, you do end up occasionally going over. But I was never asked or expected to work over weekends. Further, I knew many people who kept a strict schedule of 9-5, got their work done during office hours, and stopped thinking of work when they walked out for the day. Another benefit in Europe related to time off is sick leave. In America, most people I knew had a pool of paid days off a year. This meant that regardless of why you were out of the office, it was counted against your PTO balance. In Europe, sick days are just sick days. You're expected to take the time to get well and come back when you can. PokerStars even had a policy of refunding PTO days if you got sick while on vacation! While time off and work-life balance is better over here, compensation, at least in tech, is better in the US. America has no shortage of VC funding for start-ups, which means more money to entice the best developers to make your site, app, or gizmo better than the next guy's. This ends up raising pay for developers of all calibers, and means of compensation is your main motivator, the US is probably the better choice. These are just a couple of differences but were the biggest in my experience. While a return to the US is probably in our cards for the future, we've really enjoyed our time here. The experiences I've gained from working with diverse teams from across the world have been invaluable for my career. At the end of the day, my wife and I are happy with our decision to move. MyNetworkMag.com
UNICO 20°87° JENNIFER DONCSECZ, CTIE, PRESIDENT VIP VACATIONS INC
Built in 2017 and named after its coordinates (20 degrees north and 87 degrees west) UNICO 20.87 Hotel in the Riviera Maya is located 75 minutes south of the Cancun airport. This trendy boutique hotel is perfectly positioned between Playa Del Carmen and Tulum and overlooks the Caribbean Sea. Unico 20.87 is an adult-only, all-inclusive resort that provides a uniquely immersive experience that connects you to local culture, cuisine, and regionally sourced decor. Unico has 3 pools (including 2 swim-up bars), 5 restaurants, and 4 bars. Upon arrival, every guest is provided with a local host, which assists in planning personalized daily activities. Your stay at Unico includes select tours, spa treatments, and unlimited golf for only a small service fee. Unico's entertainment at night features live muralists, salsa dancing, mentalists, and local musicians. Their main lounge, Bar Balam, gives off a comfy, living room experience with mixologists that create locally inspired crafted cocktails. Surrounding the pools are cabanas and beds suspended above the water, which allows for perfect lounging. Although you will not find pool games and water aerobics, you can enjoy posh pool parties or float around in their quirky inflatables. Beyond the main pool is a picture-perfect beach with an endless coastline, beach chairs, and palm trees. The rooms at Unico 20.87 are modern and sophisticated yet rustic and natural. The decor is all locally produced, highlighting the craftsmanship and honoring the beautiful Mexican artistry. The room amenities include a fully stocked mini-bar, Nespresso machine, 24-hour room service, flat-screen TV, free wifi, and bathrobes that feel like comfy sweatshirts. Rooms on the ground floor feature swim-up pools, and all of the balcony rooms have outdoor jacuzzi tubs. As an added perk, every room comes with complimentary sun hats.
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Enhancing your experience is Unico 20.87’s distinctive app. This app allows you to request turndown service, make dining and spa reservations, and highlights your daily schedule, including the entertainment, live music, and rotating menus. Beyond the modern amenities, hip surroundings and incredible food are the gracious, friendly, and service-driven staff. Above all else, the service at Unico 20.87 raises the bar and truly sets this resort apart from the hundreds of all-inclusive resorts in the Mayan Riviera.
MyNetworkMag.com
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STEVE ROWBOTTOM CIGAR AFICIONADO, CIGARS INTERNATIONAL
Ashton Aged Maduro No. 10 Dominican Republic
5.0” x 50 Mellow-Medium
93-Rated
Graycliff Heritage Royale Duke (Fat Taco) Bahamas 93-Rated
4.5” x 54
Full
Liga Privada No. 9 Belicoso Nicaragua
6.0” x 52
Full
95-Rated
Oliva Serie ‘V’ Nicaragua 94-Rated
A graceful display of power. That’s Graycliff Heritage Royale in a nutshell. Vintage tobaccos from three countries – Nicaragua, Honduras, Ecuador – combine inside a thick Costa Rican wrapper, creating a smoke that’s both bold and complex. The 54-ring Duke begins with a bang, smacking the palate with hearty spices and preparing each taste bud for a full-bodied display of coffee, earth, rich tobacco and dark chocolate. The cigar burns quick, but never gets hot and definitely satisfies. A perfect post-steak cigar.
I really just want to say, “find it now and try it immediately.” Since that won’t fly well with Network Magazine, I’ll elaborate. This cigar redefined Drew Estate as a company. The dark, Connecticut Broadleaf wrappers glisten with oil, and sit overtop a bold blend of Honduran and Nicaraguan long-fillers secured inside a Brazilian binder. These dark tobaccos work seamlessly to create a deliciously unique, full-bodied cigar loaded with flavor. You’ll find notes of charcoal, white pepper, black tobacco, toast, raisins and so much more. Find it now. Try it immediately.
This beautifully box-pressed Churchill sits heavy in the hand, and is jam-packed with tobacco making it solid from head to toe. The pre-light aroma is that of sweet barnyard. The flavors are ultimately rich, and the thick gray smoke sits heavy on the palate. Big notes of toast and nuts mingle with espresso bean from start Melanio Maduro Churchill to finish. The Mexican wrapper offers a chewy, peppery element that lingers after each puff. The finish is long and soothing, adding 7.0” x 50 Medium-Full a unique floral note to an already complex bouquet. A satisfying cigar that pairs beautifully with a dark sipping rum.
Room101 FARCE Gordo Dominican Republic 94-Rated 58
The Aged Maduro from Ashton has long been a favorite of mine. A favorite mellow cigar. A favorite maduro. Reason: it’s loaded with rich yet smooth flavors despite its tame and relaxing profile. To make this cigar, aged Dominican long-fillers and binder are hugged by a pitch-black and oily Connecticut Broadleaf wrapper. The smoke is rich and toasty with a gentle natural sweetness from the wrapper and subtle traces of leather and sweet cedar. An ideal AM, cup-o-coffee cigar.
NETWORK MAGAZINE™
6.0” x 60
Medium
FARCE from Matt Booth’s Room101 brand is unique, to say the least, thanks to a complex bouquet of conflicting flavors that somehow work together - wonderfully. I pick up leather, vanilla and earth. I also pick up black pepper, cinnamon and sweet nougat. At certain times I noticed oak and baking spice. All these flavors are the product of a 5-country blend, starting with an Ecuador Habano wrapper and Indonesian binder, and ending with long-fillers from the Dominican, Nicaragua and the US-of-A. Enjoy this cigar with an open mind and you’ll appreciate the expertise needed for all these flavors happen. MyNetworkMag.com
Tri Outdoor, Inc. is a locally owned and operated outdoor company specializing in static & digital billboard advertising. Nothing generates more buzz than a creatively executed outdoor campaign. It takes risk and trust in going places that may feel a bit uncomfortable. Yet, when you deliver something relevant, funny, or thought provoking, people pay attention and they tell others about it. Don’t just buy a sign, CREATE ENGAGEMENT. And don’t worry, we’ll help you!
Tri Outdoor, Inc. 1749 Red Hawk Way Bethlehem, PA 18015
610-838-8870 | trioutdoor.com
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Homeste de
GOLF CLUB
Come
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Olde Homestead Golf Club New Tripoli, PA
Let Olde Homestead Golf Club be the backdrop for the beginning of your story together! A rustic yet elegant atmosphere will add the perfect touch to your special day, with three beautiful venues in a rustic country setting and spectacular views with vintage historical buildings.
Photography by: PhotoSynthesis Photography, Love in Life Photography, Garcia Photography
Olde Homestead Golf Club
6598 Route 309, PO Box 222 • New Tripoli, PA 18066
610.298.GOLF (4653) • www.OldeHomesteadGolfClub.com
Ol
ad
Homeste de
GOLF CLUB
your
Happily Ever After starts here...
Let Olde Homestead Golf Club be the backdrop for the beginning of your story together!
Photography by: PhotoSynthesis Photography
Olde Homestead Golf Club
6598 Route 309, PO Box 222 • New Tripoli, PA 18066
610.298.GOLF (4653) • www.OldeHomesteadGolfClub.com