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PYFER REESE STRAUB GRAY & FARHAT PC. ATTORNEYS AT LAW.                                                      March 16, 2020

We are sending this message to reach out to you because your health and safety is of utmost importance to all of us. So, during this health-related crisis, we hope and trust you will stay in good health and the situation will normalize in the near future.

As we value our relationships, we want to make sure to protect you and our relationships with our Firm. We share the following:

1. Rest assured, as of now, we are open for business as usual. We are conducting our business as always, unless and until we get any government directives to do otherwise.
2. Should any changes need to be implemented, be assured we are able to continue to conduct business and communicate with you and address your needs or transactions remotely and seamlessly.
3. We are able to communicate with you efficiently through the same norms we have been utilizing to date, whether by telephone at 717-299-7342 or email directly with your contact person at the Firm. If you are not able to communicate with that individual, as an alternative, send your email to [email protected] and copy to [email protected]. Similarly, any scheduling-related matter should be directed to the same individuals. Any financial related matter is to be directed to our Financial Administrator at 717-464-5900 or [email protected].
4. If when you call, you are prompted to a voicemail recording option, please leave a voicemail message; do not simply hang up and redial. Leave your message and we will respond to you as promptly as possible.
5. If you have a current court-related hearing or arbitration or mediation or trial or a deposition, be assured we will use our best efforts to provide YOU with up to date information. We will get the message to YOU as to postponements, cancellations, change of venue, or change in the handling a particular matter; ie. via telephone as opposed to “in person” appearances. Rest assured we are being vigilant in addressing your case and your needs. Trust us.
6. We can tell you this, as of now: the domestic relations support conferences** will be conducted by telephone. As a client, you can come to our office at 128 North Lime Street, Lancaster, and participate OR we can make arrangements for you to participate by telephone; you tell us your preference. Your preference should be communicated to our primary scheduler, Katrena, at [email protected], in addition to notifying your Attorney. This is as of this writing, but subject to change of course. We will timely notify you of changes.
7. We will provide you with client alerts electronically. If you are not already connected to us through one of the social networking platforms, this may be the time to do so. Follow us on Facebook, connect with our Website at https://www.pyferreese.com [go to our News drop down Section] or via Constant Contact emails we send out. Please email your address to us if you are not already in our Constant Contact data base. Email to: [email protected] and you will be added to our Constant Contact master data base to receive such information and future legal related posts and blogs.
8. ** From the Domestic Relations Website: Lancaster County DRS is focused on safeguarding our community and we are taking proactive measures to act with an abundance of caution in the face of the COVID-19/Coronavirus situation. Our operational environment is changing rapidly and is influencing every decision. To minimize this risk, we have temporarily changed our face-to-face procedures and are conducting as much business as possible by phone, email etc. Please do not physically appear in the Domestic Relations Office until further notice. All communication should be via email or by phone. All upcoming conferences will be conducted by phone.

9. From Cheryl Steberger, Warden at the Lancaster County Prison: Effective immediately (March 16, 2020), all persons entering the prison must submit to a temperature check. If the temp reading is 100 degrees or over you will not be permitted in the building. Legal visits will continue, however to limit inmate movement, they will take place in the housing area’s counseling room. All other prison programming, to include inmate visitation, has been temporarily suspended. We will be using video conferencing to its fullest capacity. As always, I appreciate your cooperation and patience as we go through these unchartered days. Prison administration will continue to reassess the situation as circumstances develop.

Thank you for your attention and courtesies extended during these uncertain and challenging times.

Gabriella H. Farhat,

Managing Partner, PYFER REESE STRAUB GRAY & FARHAT, PC

Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania BEFORE that date, Pennsylvania Law preserves the validity of such marriages.  An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons). 

In the event an established Common Law Marriage ends in a permanent breakup, either spouse may be entitled to a property division, spousal support or alimony, depending on the circumstances.  In claiming a Common Law Marriage, you will most likely be asked to provide the Court with records that can establish proof of the marriage, such as joint tax returns or joint loans.  You may be asked to provide witnesses who can testify that, while you were a couple, you held yourselves out to family, friends and the community as a married couple.  Witnesses may be asked if there was ever any type of ceremony; if so, what was said at the ceremony.  The statement of the intent to become a Husband and Wife is the key requirement.

The Social Security Resource Center states that once you have cleared the state hurdle to establish a Common Law Marriage in Pennsylvania, it is just a matter of filing the appropriate Social Security paperwork to claim benefits.  The Social Security Office

will not make a determination regarding a Common Law Marriage until it is actually time to make a claim.  At that time, they will require both spouses to complete a “Statement of Marital Relationship” and to provide an additional statement from a blood relative affirming the marriage.  If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased.  Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records. 

            In addition, the children of deceased common-law spouses (i.e. parents) may qualify for survivor benefits.  The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled at this time.  Same-sex relationships are being addressed piecemeal, as relevant cases work their way through State courts.

If you believe that you may be entitled to spousal benefits or social security survivor benefits as the result of a Common Law Marriage that was established prior to January 1, 2005, please contact us at 717-299-7342 for a convenient appointment to discuss your situation. Pyfer Reese Straub Gray & Farhat PC can help.

         Parent/Child “Bonding” Assessments – wait, what?  

     One of the most precious rights protected by the law is that of a parent’s right to raise his or her child. When that right is threatened by a termination of parental rights proceeding, it is important that the parent use every tool available in order to win the case.

        Before a court can terminate the parental rights of a parent, the court is obligated to determine whether that termination of parental rights is in the best interests of the child. That “best interests” analysis invariably boils down to whether the parent and child are bonded with one another. To prove that a meaningful parent-child exists, a parent can request that the court direct that a bonding assessment be done.

     A bonding assessment is an evaluation conducted by an expert, usually a psychologist, whose goal is to determine the nature and quality of the child’s attachment relationships to his or her birth and/or foster parents. A bonding assessment will involve a series of interviews during which the evaluator will observe the interaction between the parent(s) and child, as well as the interaction between any foster parent(s) and the child. The evaluator will look for reciprocal attachment between the parental figures and the child, as well as how the child behaves in response to a stranger (the evaluator) during the interview. The evaluator will review the history of the family and the case. After the interviews are concluded, the evaluator will issue a written report of the expert’s findings for review by the parties and eventual submission to the court.

      A good bonding assessment will explore the child’s capacity for attachment, and determine the persons with whom the child needs to feel safe. The bonding assessment should also explore who is most central in the child’s emotional life and determine the quality of that relationship. The bonding assessment should offer an opinion as to whether there exist any risks or benefits to the well-being of the child if parental rights to the child are terminated.

     Although mostly utilized in Children and Youth Agency cases, bonding evaluations are also used in custody cases, if there is issue about the bond and relationship between a young child and a parent.

     Since legal cases of this nature are fact intensive, a bonding assessment is not appropriate for every parent nor for every case, and the decision of whether to request a bonding assessment from the court should first be discussed with legal counsel familiar with the process.

What this means for you: If you have questions about your Children and Youth case, we can help you. Make Pyfer Reese Straub Gray & Farhat PC your choice – visit www.pyferreese.com or call (717) 299-7342 to schedule a consultation with Albert J. Meier. ~Albert J. Meier, Esquire

              Eligibility for and Quirkiness of SSI (Social Security Income).

      To be eligible for Supplemental Security Income (SSI), an individual has to be aged (65 or older), blind or disabled, and have limited income and resources. Normally the person who is eligible to receive SSI does have enough of a work history to be eligible to receive disability insurance benefits. A person must work about 10 years before becoming eligible for Social Security Disability benefits (SSDI). For a person to be able to receive SSI, he/she would not be able to own monthly resources worth more than $2,000.00. The amount a couple is allowed to own is $3,000.00.

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A Prenuptial Agreement is an agreement between two individuals who intend to marry. The Agreement can limit many things or only a few things. The content of the Agreement depends on what the parties (potential Husband and potential Wife) desire to address. Some of the reasons that engaged couples prepare and sign Prenuptial Agreements are the following.

• The protection of existing assets.

• Avoid paying spousal support, temporary alimony, and alimony.

• The protection of business interests, particularly family businesses.

• The protection of assets that were received as a result of a gift or inheritance or from a prior relationship.

• Estate planning.

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If you created a Living Trust or a Revocable Trust years ago when the Federal Estate Tax Laws were completely different than they are today, it is a good idea to have the Trust reviewed by an attorney.  It may no longer be appropriate to have your assets titled in the Trust, and it can even be harmful from both a tax standpoint as well as an estate administration standpoint.  It may now be advantageous to have the Trust updated or even revoked.  In some instances, a Trust may have been created, but the assets were never properly transferred to the Trust, which entirely defeats the purpose of the Trust. 

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The key question in nearly all divorce matters is the division of property.  Spouses typically have property acquired before the marriage, during the marriage, and after the marriage.  Under 23 Pa.C.S. §3501, marital property is defined as all property acquired by either spouse during a marriage and the increase in value of non-marital property. The “entirety” of the marriage is from the date of marriage to the date of separation.  Any property acquired or any growth of a marital asset after date of separation is non-marital property, unless marital funds are used to acquire the new asset.  The increase in value of non-marital property may be offset by losses on non-marital property. For example, if one spouse brings two investment accounts to a marriage as pre-marital property, the gain in one account may be decreased by the loss in the other account.

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