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Federal court decision protects constitutional rights of Pottstown homeless encampment residents and prevents criminal charges & other penalties & threats
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Make your Annual Gift by Dec. 31!
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Vote for LASP by Dec. 31: Target Circle giving campaign
- PLAN Excellence Award
- LASP retirement
- Property Tax/Rent Rebate deadline Dec. 31
- Bucks Emergency Rental Assistance (BERA) applications CLOSE Jan. 5
- Pro bono opportunities
- Upcoming outreach
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Pottstown College Drive Encampment | |
Federal court decision protects constitutional rights of Pottstown homeless encampment residents & prevents criminal charges & other penalties & threats ‘as long as there are more unhoused individuals than there are shelter beds in Pottstown’
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PHILADELPHIA – A federal court decision issued Nov. 28 protects the constitutional rights of Pottstown College Drive Encampment residents experiencing homelessness. The ruling granted a preliminary injunction, in part, for plaintiffs Better Days Ahead Outreach, Inc. et al. Judge Mia R. Perez, of the U.S. District Court for the Eastern District of Pennsylvania, cited the Eighth Amendment protection against cruel and unusual punishment as the basis of her decision.
The Borough of Pottstown threatened that anyone who remains at the College Drive Encampment after Dec. 1, 2023 would be subject to potential criminal actions. The judge’s order prevents the Borough from engaging in criminal enforcement. Specifically, Judge Perez ruled that the encampment residents cannot receive or be threatened with criminal citations, arrests, or fines, “as long as there are more unhoused individuals than there are shelter beds in Pottstown.”
Community Justice Project (CJP) and Legal Aid of Southeastern PA (LASP) argued the Motion for Preliminary Injunction on behalf of the homeless individuals living in the College Drive Encampment, along the Schuylkill River Trail in Pottstown. CJP Executive Director Marielle Macher and LASP's Charles Burrows and Erica Briant asked the court to order the Borough of Pottstown to refrain from using criminal sanctions to close the encampment of approximately 25 residents experiencing homelessness on Dec. 1, 2023 without an offer of adequate alternative housing.
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The hearing for Better Days Ahead Outreach, Inc. et al v. Borough of Pottstown took place on Nov. 16 and 20 at the James A. Byrne U.S. Courthouse in Philadelphia. Judge Perez issued a 16-page opinion and 2-page order on Nov. 28 (links to opinion & order on LASP website).
Ms. Macher noted, “Criminalizing homelessness is unconstitutional. The Court’s decision recognizes this principle.”
Carolyn Johnson, LASP Chief Counsel, stated, "This result is a protection of the constitutional rights of those experiencing homelessness. Legal Aid of Southeastern PA is dedicated to serving those with low incomes, ensuring they have essential housing and other critical resources, whether they are indoors or outdoors. Our legal efforts are aimed at preventing the criminalization and mistreatment of homeless individuals, upholding their basic human right to live and exist. Presently, there are limited options for alternative housing and shelter in Pottstown. Not everyone can be housed indoors, but it is an ideal to pursue."
Charles Burrows, LASP Staff Attorney, said, “It is well-established that our clients’ constitutional rights are at risk of being violated by the refusal to offer adequate shelter space. As the Martin decision establishes, 'so long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors on public property on the false premise they had a choice in the matter.' This decision affirms that criminalizing a person’s status as homeless violates the Eighth Amendment’s protections against cruel and unusual punishment and will protect both our clients’ rights and potentially many more beyond Pottstown.”
Erica Briant, LASP's Director of Community Engagement & Training, said, “I've seen through my work, time and time again, the huge negative impact faced by people with criminal records in getting housing. It's a huge relief to be able to share the news with our clients and the people impacted by the order. They have just that little bit of extra certainty, when they're already struggling with so much, to know that they won't face criminal charges that would create an additional barrier for them.”
Excerpts from the order and opinion, links & more at lasp.org/news, or direct link:
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From left: Eric Tars, Senior Policy Director for the National Homelessness Law Center; Erica Briant, LASP Director of Community Engagement & Training; Charles Burrows, Staff Attorney; and Marielle Macher, Exeutive Director, Community Justice Project. | |
From left: Joe Harmar and Rachael Robles, both LASP fall Community Engagement Unit interns & Villanova Law students; Laurel Anderson, Community Engagement Unit Staff Attorney; Erica Briant; and Charles Burrows. | |
Giving the gift of justice helps to ensure peace of mind, health, safety, empowerment & hope | |
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There is still time to make your annual gift by Sunday, Dec. 31!
While providing low-income residents with civil legal aid is essential year-round, it becomes particularly important as we enter the colder months when the basics like food, rent, or gas, all cost more.
By giving, you are making sure the ability to afford and access an attorney or legal education is not another added burden.
Low-income residents in Bucks, Chester, Delaware and Montgomery counties face high-stakes situations including losing their home, finding protection from an abusive partner, or securing a well-paying job. LASP attorneys work tirelessly to resolve these legal issues where an individual's health, safety, and economic well-being are at stake.
So, we’re making an all-out effort this winter to reach out to people who care about justice and are asking for your help.
You can give the gift of health, safety, happiness, and hope. You can give the gift of justice.
Give to LASP before the end of 2023 to make the greatest impact at bit.ly/lasp-annual-gift-2023. Thank you! We couldn’t do it without you!
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Target Circle giving campaign | |
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Vote by Dec. 31!
LASP is honored and excited to announce that we have been chosen to participate in a special charitable giving campaign, sponsored and funded by Target. And you have the chance to help direct a portion of Target’s donation to us!
Now through Dec. 31, vote for LASP through the Target Circle program to help determine how Target’s donation will be divvied up. Find out more about Target Circle here: target.com/circle. How-to: lasp.org/ways-to-give.
Every vote counts to help us receive a portion of the available Target funds as we continue our mission to provide free civil legal aid in Bucks, Chester, Delaware and Montgomery counties. Already voted? You can vote multiple times during the campaign if you earned more points! Thank you for your support!
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Erica Briant to be honored with Outstanding Attorney Advocate Award in March 2024 | |
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Congratulations, Erica Briant! The Pennsylvania Legal Aid Network announced Dec. 20 that Erica will receive an Outstanding Attorney Advocate Award at the Excellence Awards ceremony on March 27, 2024 in Harrisburg.
Erica is currently LASP's Director of Community Engagement & Training, having started at LASP in 2014 as an Equal Justice Works fellow and then serving as Staff Attorney and Community Engagement Unit Supervising Attorney. Her legal work helps clients gain a fresh start through a practice focused on mitigating the collateral consequences of criminal records and legal name changes.
She and the Community Engagement Unit team are currently strategizing on implementing Clean Slate 3.0 in Bucks, Chester, Delaware and Montgomery counties, when it goes into effect on Feb. 12, 2024. (More information on Clean Slate 3.0: https://bit.ly/PLAN-12-15-2023.)
PLAN press release: https://bit.ly/PLAN-Excellence-12-20-2023
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Thomas Kerstan, longtime LASP Staff Attorney based in Chester City, Delaware County, to retire Dec. 31 | |
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CHESTER City - Thomas Kerstan, Staff Attorney & Delaware County Pro Bono Coordinator, is retiring Dec. 31 after a 16-year career at LASP. He started at LASP on July 2, 2007. Throughout his time at LASP, he was based in the Chester City office in Delaware County, starting at 410 Welsh Street and moving to Avenue of the States in April 2018. Tom holds a bachelor's degree in computer science from Villanova University and a J.D. from Temple Law School. Tom is pictured at right on Oct. 26, 2023 following the Delaware County Bar Association's Pro Bono Week CLE. He shared some reflections below:
"My only legal work between law school and LASP was document review. I knew I didn't want to do that for long; I knew I wanted to represent people in the courtroom and LASP gave me that opportunity. During my time at LASP, I worked primarily in housing, including public housing and the housing choice voucher program, known to most as Section 8, and child custody. For a brief period, I also handled Protection from Abuse (PFA) cases.
"One of my most unlikely wins was for a man who had agreed, before he came to LASP, to his wife taking his two boys to Texas. Several years after she and the boys moved to Texas, her attorney was trying to move the case to Texas. Based on the fact that she was a flight attendant and had a brother in PA whom she visited, I was able to convince the court to keep jurisdiction in Pennsylvania, which was important because if jurisdiction was moved to Texas, our client would not have seen those boys again for the rest of their childhood."
"I accepted the position as pro bono coordinator in 2015. I had not applied for it. At the time, the decision was made that the pro bono coordinator for each county should be an attorney. Prior to that decision, the pro bono coordinator for some counties, including Delaware County, had been a paralegal. I had always enjoyed attending bar events and interacting with the local bar including the bench bar conference. It was because of my interaction with the local bar that I was offered the pro bono coordinator position."
Thank you, Tom, for your service to LASP and to Delaware County! Best wishes on your retirement!
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Battle of the 'Burbs softball tournament | |
LASP's Inaugural Battle of the 'Burbs softball tourney is RESCHEDULED for Saturday, May 18! | |
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The Inaugural Battle of the ’Burbs has been rescheduled for Saturday, May 18, 2024. (It was rained out on Oct. 7, 2023.) We look forward to a friendly competition & presenting a new trophy!
The same location is planned: Padden Park, 2101 Oakland Drive, Jeffersonville, PA 19403, in West Norriton Township. GPS may say Norristown or Trooper.
The event will feature the Young Lawyers Divisions of the Bucks County Bar Association, Chester County Bar Association, Delaware County Bar Association & Montgomery Bar Association. (You do not have to be a young lawyer to play!)
Thank you to LexisNexis for your sponsorship.
Learn more, sign up to play, & sponsor: lasp.org/softball.
If you have questions, please contact Jennifer Pierce at jpierce@lasp.org.
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Pro bono news & opportunities | |
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October 2023 marked Pro Bono Week in Bucks, Chester, Delaware & Montgomery counties, PLUS the Trial Run 5K!
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Bucks County pro bono opportunities | |
Volunteers needed for eviction prevention program in Lower Makefield Township | |
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Pro bono attorneys are invited to volunteer for an eviction prevention program in Bucks County! The hearings take place every Thursday at 2 p.m. at Judge Kronnagel’s MDJ court, located at 31 E. Cleveland Ave., Morrisville, PA 19067. The project is a collaboration between the Bucks County Bar Association Pro Bono Committee, LASP, and the Bucks County Opportunity Council (BCOC), with support from the Bucks County Dept. of Housing & Community Development.
More information: website article. To learn more or sign up, contact Jennifer Pierce at jpierce@lasp.org or Megan Reinprecht at mreinprecht@lasp.org.
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Volunteers needed for eviction prevention program in Lower Makefield Township | |
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DOYLESTOWN - Provide representation for plaintiffs at Protection from Abuse (PFA) hearings, held every Wednesday. CHOOSE ANY DAY(S)! Current dates when volunteers for plaintiffs are especially needed are Wednesday, Jan. 3, 24 & 31, 2024
LIMITED-SCOPE pro bono opportunity, with no expectation of continued representation beyond the day of volunteer service.
New volunteers can observe PFA Day and learn from staff and current volunteers before committing to provide representation. You do NOT need to be a family law attorney to participate. Hearings are at Bucks County Justice Center, Doylestown.
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To volunteer for plaintiffs, contact Durene McCarty at dmccarty@lasp.org or 215-398-6757.
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Delaware County pro bono opportunities | |
Jan. 25 & April 25: Volunteer attorneys, paralegals & notaries are needed for Senior Legal Clinics in Delaware County | |
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Volunteers will help low-income seniors draft simple wills, financial powers of attorney and healthcare directives.
Newtown Square Clinic with Rep. Lisa Borowski:
Thursday, Jan. 25, 2024 from 10 a.m.-2 p.m.
Brookhaven Clinic with Rep. Leanne Krueger & Sen. John Kane:
Thursday, April 25, 2024 from 10 a.m.-4 p.m.
Volunteers can sign up for whole or a portion of the clinic.
To learn more or sign up, contact Jennifer Pierce at 610-756-7264 or jpierce@lasp.org.
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Pro bono attorneys needed for simple divorce & custody cases | |
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Divorce
Pro bono volunteers are needed to represent clients in simple, no fault, no asset divorces. The divorces are either by consent or one-year separation and do not involve equitable distribution, custody, support, or fault grounds. Typically, a pro bono volunteer will not need to appear at a court proceeding in these cases.
Custody
Pro bono volunteers are needed to represent clients in custody cases in a limited scope, pursuant to the PA Rules of Professional Conduct and Delaware County’s limited entry of appearance rule. Delaware County's Rule 1012 permits attorneys to withdraw by praecipe after representation at the number of custody conferences agreed to in advance.
To learn more or sign up, please contact Jennifer Pierce, LASP Pro Bono Coordinator, at jpierce@lasp.org. Or register at lasp.org/volunteer-signup.
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Montgomery County pro bono opportunities | |
Eviction prevention in 8 courts across the county as part of EPIC | |
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The Eviction Prevention & Intervention Coalition (EPIC) started in 2017 in one courtroom in Norristown and is currently in eight Magisterial District Justice courtrooms across Montgomery County: three in Norristown, two in Pottstown, and one each in East Norriton, Jenkintown and Lansdale.
Volunteer attorneys appear in court to help those facing eviction. You can specify your courtroom location/day of service, etc. To learn more or volunteer for EPIC, please contact Michelle Dempsky, LASP Staff Attorney & lead attorney with EPIC, at mdempsky@lasp.org.
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Reminder! Apply for the Pennsylvania Property Tax/Rent Rebate Program by Dec. 31, 2023! | |
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LAST CHANCE! The deadline to apply for the PA Property Tax/Rent Rebate is Sunday, Dec. 31, 2023.
Eligibility
Pennsylvania residents (at least one of the following):
- age 65 and older
- widows and widowers age 50 and older
- with disabilities age 18 and older
Income limits
- $35,000 a year for homeowners
- $15,000 annually for renters
How to apply
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ALERT: Bucks County Emergency Rental Assistance (BERA) applications close Jan. 5 | |
- Apply ASAP!
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Due to limited remaining funds, the Bucks County Emergency Rental Assistance (BERA) program will stop accepting applications after Friday, Jan. 5, 2024.
- Eligible tenants with an active, court-filed landlord-tenant case for nonpayment of rent, utility shut-off notice, or request for relocation assistance will receive priority.
- Applications received before the deadline will be processed until program funds are spent. Payment is based on funding and is not guaranteed.
- The BERA program will close when all available funds have been spent.
More information: https://www.buckscounty.gov/828/Emergency-Rental-Assistance-BERA
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Hybrid: Legal Workshops in Exton & virtual - Jan. 9 & 16 | |
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Clean Slate | Tuesday, Jan. 9, 10-11:30 a.m. | Virtual: bit.ly/clean-slate-1-9-2024 or in-person
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Unemployment Compensation | Tuesday, Jan. 16, 10-11 a.m. | Virtual: bit.ly/unemployment-comp-1-16-2023 or in-person
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at PA CareerLink office, 479 Thomas Jones Way, Suite 500, Exton, PA 19380
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Flyer (1-page PDF), or click image at right
EXTON - A LASP attorney will hold free Legal Workshops in January. Attend in person or virtually. This workshop series is presented in partnership with LASP, United Way of Chester County, and PA CareerLink of Chester County.
Open to all counties! LASP serves Bucks, Chester, Delaware and Montgomery counties.
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In-person: Legal Clinic in Exton - Jan. 10 | |
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Wednesday, Jan. 10 from 9 a.m.-12 p.m.
- 2nd Wednesdays: Feb. 14, March 13, April 10, May 8 & June 12, 2024
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at PA CareerLink of Chester County, 479 Thomas Jones Way, Suite 500, Exton, PA 19380
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Flyer (1-page PDF), or click image at right
EXTON - A free legal clinic will be held monthly at PA CareerLink of Chester County. The clinics will be the second Wednesday of the month through June 2024.
To schedule a 30-minute appointment with a LASP attorney, contact Edwina at 610-429-9400, ext. 4115 or ejohnson@uwchestercounty.org.
The clinics are a partnership between LASP, United Way of Chester County's Financial Stability Center, and PA CareerLink of Chester County.
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In-person: MLK Day of Service Expungement Clinic in Darby - Jan. 15 | |
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Monday, Jan. 15, 2024 from 12-2 p.m.
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at Darby Borough Complex, 1020 Ridge Ave., Darby, PA 19023
- To register/for more information, call 215-492-2980.
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Flyer (1-page PDF), or click image at right
DARBY - Join LASP, in partnership with PA Sen. Anthony Hardy Williams and PA Rep. Joanna McClinton, for the ninth annual Expungement Clinic held in honor of the Martin Luther King, Jr. Day of Service.
In December 2023, the Pennsylvania legislature passed, and Gov. Josh Shapiro signed, a new law expanding eligibility for record-clearing. The new law goes into effect Feb. 12, 2024. Attend the clinic to get started now!
Under the new law, you are eligible for an expungement if you meet these qualifications:
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Only non-conviction charges, including ARD, or summary convictions with no arrests in the past five years can be expunged. (Note: non summary convictions cannot be expunged until you are at least 70 years old, unless you first receive a pardon.)
- Many misdemeanor convictions may be sealed if seven years have passed.
- Some low-level drug and property-related felony convictions may be sealed if 10 years have passed.
- Must have no current criminal charges.
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In-person: Bucks County Custody Clinic in Doylestown - Jan. 16 | |
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Tuesday, Jan. 16 from 9:30 a.m.-1 p.m.
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at the Almshouse, 1260 Almshouse Road, Building G, 4th floor Conference Room, Doylestown 18901
- Phone map / GPS tip: Put "Bucks County Planning Commission" in search.
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Register or learn more about the clinic, contact Carol Wilbur at 215-340-1818.
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Flyer (1-page PDF), or click image at right
DOYLESTOWN - Join LASP at a free Bucks County Custody Clinic. Schedule:
- 9:30 a.m. Intake. (All guests must sign in downstairs, per building policy.)
- 10-11 a.m. Information session
- 11 a.m. Meet with an attorney for approximately 20 minutes
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In-person: Senior Wills Clinic in Newtown Square - Jan. 25 | |
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Thursday, Jan. 25 from 10 a.m.-2 p.m.
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at Rep. Borowski’s Office, 24 S. Newtown Street Road, Suite 100, Newtown Square, PA 19073
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Flyer (1-page PDF), or click image at right
NEWTOWN SQUARE - Rep. Lisa A. Borowski & Legal Aid of Southeastern PA (LASP) will hold a Senior Wills Clinic in Newtown Square
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Get help with simple wills, durable Powers of Attorney & healthcare directives at no cost for seniors (60+) who meet income criteria.
To ask a question or sign up, contact Erika Felpel at efelpel@lasp.org or 484-275-0672. Registration is required.
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In-person: Legal Clinic in Lansdale - Jan. 25 | |
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Thursday, Jan. 25 from 11 a.m.-1 p.m.
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at North Penn Commons / Manna on Main Street, 606 E. Main St., Lansdale, PA 19446
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Flyer (1-page PDF), or click image at right
LANSDALE - LASP will hold a free monthly outreach event at North Penn Commons / Manna on Main Street in Lansdale. Stop by our table!
Have a question about the outreach? Contact Erika Felpel at 484-275-0672 or efelpel@lasp.org.
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In-person: Upper Darby Legal Aid Outreach - Jan. 27 | |
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Saturday, Jan. 27, Feb. 24 & March 23 from 10 a.m.-12 p.m.
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at Breaking Bread Community Shelter, 107 Long Lane, Upper Darby, PA 19082
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Flyer (1-age PDF), or click image at right
UPPER DARBY - A free legal outreach will be held at Breaking Bread Community Shelter in Upper Darby.
LASP attorneys, working with law students from Villanova University Charles Widger School of Law, will provide free legal services for low-income individuals experiencing homelessness.
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LASP career opportunities | |
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CHESTER City
- City of Chester Staff Attorney
- Regional Housing Unit Staff Attorney
NORRISTOWN
- Norristown Staff Attorney
- Norristown Paralegal
- Helpline Paralegal/Administrative Support Staff
- Executive Administrative Assistant
- Regional Disaster Relief Case Manager
POTTSTOWN
WEST CHESTER
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Subscribe to e-news or read past issues: lasp.org/enews
Questions or feedback? Contact Marion Hoffman Fraley, Communications Director & Editor, at mfraley@lasp.org.
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