News

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What is a Preliminary Hearing and What Happens After a Preliminary Hearing Is Waived?

The meaning and impact of legal terms are often foreign to most people who have been charged criminally in Pennsylvania.  

For instance, following an arrest or interaction with law enforcement, a defendant may receive in the mail documentation from a Magisterial District Court noting the date and time for a Preliminary Hearing, which requires his or her presence. No other details are provided.

So, the first question the accused asks is, “What is a Preliminary Hearing?” It is probably the most frequently asked question among defense attorneys when first speaking with their respective clients.

In short, a Preliminary Hearing is a procedural safeguard for defendants, requiring the Commonwealth of Pennsylvania, through the charging county’s Office of the District Attorney, to establish that there is enough evidence to proceed with the matter to the Common Pleas court level. The burden is on the Office of the District Attorney to establish a prima facie case against the accused, which consists of two components: (1) sufficient evidence that a crime has been committed, and (2) sufficient evidence that the accused committed the crime.

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DUI offense with police stop

The Effect of a Prior ARD DUI On Subsequent DUIs

The recent legal turmoil around the legal effect of a prior driving-under-the-influence (DUI) charge for which a driver completed the accelerated rehabilitative disposition (ARD) program continues. In this latest turn, the prosecutors’ attempted workaround catches the criticism of the Superior Court in Commonwealth v. Richards, 1673 EDA 2020 (memorandum decision).

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defective product injury

What Kind of Lawyer Handles Product Defects?

Product liability refers to the liability that may arise when a product is defective or not reasonably safe. Doctors, patients, or consumers who have been injured by unsafe products may have access to compensation, in the form of a product liability lawsuit.

Our product liability lawyers, [or defective product lawyers], generally handle the following:

  • Manufacturing defects, such as missing or incorrectly installed brake pads on a motorcycle
  • Design defects, such as unstable shelving that falls
  • Inadequate or no product instructions, such as televisions or furniture without tip-over warnings; or lack of instructions on properly anchoring the furniture to the wall.
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tax papers

Child Tax Credit: Money Now, Pay Later?

On July 15, 2021, families across the country began receiving an advance from the federal government in the form of the child tax credit.

  • The credit is $3,600 per year for a child age 5 or younger as of December 31, 2021. This equals $300 per month per child.
  • The credit is $3,000 per year for a child that will be ages 6 through 17 as of December 31, 2021. This equals $250 per month per child.
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school decisions during COVID and shared custody

It’s Back-to-School Season; Difficult Decisions Need to Be Made!

It is that time of the year again, as children return to school for the 2021-22 school year. Somehow, summer breaks always seem to fly. It can be both an exciting and overwhelming time, as the return to homework assignments, packed lunches, extracurricular activities, and early mornings set in.

As a parent, you want to see your child succeed, both inside and outside of the classroom. Dealing with the unusual school year that 2020-21 presented, it will be essential to establish a new daily routine for your children.

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Child and Spousal Support: When Can I Modify the Amount?

In Pennsylvania, child and spousal support amounts are established using the guideline formulas described in Pa.R.C.P. 1910.16-3.  These formulas consider and apply various factors, including income levels, health insurance premiums, childcare costs, mortgage payments on a marital home, and physical custody schedules, with the purpose of determining a guideline support amount. 

Once the guideline support amount is established and made into a court order, either party may subsequently file a Petition to Modify the support amount as a result of a substantial change in circumstance. 

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Well-Established Lancaster-Based Law Firm Adds Two Attorneys to Its Ranks, Expanding to Meet Legal Needs in Susquehanna Valley

Pyfer Reese Straub Gray & Farhat PC is pleased to announce that we’ve expanded our Team to include family law and criminal defense attorney Anthony Knabb diDonato and family law and wills and estate/probate attorney Megan H. Herr. This additional staff is part of our strategic growth plan to best serve the legal needs of both Lancaster and York county residents as well as surrounding communities.

Both professionals bring unique experience and expertise, bolstering our ability to serve clients in Lancaster, Willow Street, York, Ephrata, and the surrounding areas.

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Pyfer Reese Straub Gray &Farhat PC Now Open in Ephrata

Ephrata law firm
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Our Attorneys bring to you legal services in these areas: domestic, criminal defense, civil, administrative law proceedings, wills and estates, elder law, general civil practice, personal injury, car accident, workers’ compensation, social security, business-related issues, among other areas.

We encourage Ephrata residents and those nearby to contact us for their legal needs. We plan to continue our alliances with you, the Ephrata community, and the people that make the community work.

Finally, we hope to see you at our upcoming coffee/tea and donut morning hour or upcoming Open House. These dates and times will be forthcoming.

115 South State Street, Ephrata, PA

Call us 717.733.7997 or 717.299.7342

Subcribe to our Email List

Join us on Facebook, Twitter

www.pyferreese.com

Thank you in advance, Ephrata and surrounding communities!

We would love to get to know you better: the community members, the Northern Lancaster County Chamber of Commerce members, clients, Attorneys, the Borough personnel, Borough Council, Boards, Commissions, Administrative Staff, those that make up the Borough services and departments, and of course, our neighbors, the Ephrata Pioneer Fire Company, the Ephrata Borough Hall and the Hair Salon.

We hope to continuously enjoy our alliance with all of you. We hope the front door to our office never stops opening. We are looking forward to getting to know you: at our morning coffee/tea and donut hour, our Open House, or whenever you want to stop in to say “hello”.

Please give us some recommendations and suggestions. We not only want to work in the Ephrata community, but become a part of this community. Also, we plan to extend our pro bono legal services when possible. Please let us know your needs and thoughts.

We want to send a special thank you to our alliances who have assisted us through this process: the Northern Chamber leaders, Liz and Tara; a special thanks to Zach, to Jim, to the ENB crew; to the IT crew, and the phone crew. The list goes on and on. Stop by at any time. Our door will always be open.

From all of us at Pyfer Reese Straub Gray & Farhat PC.

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CLD truck

CDL Operator and Tickets: What are the Consequences?

CDL holders can suffer dire consequences from seemingly innocuous tickets.

Commercial drivers depend on their license to make their living. Commercial driver’s licenses (“CDLs”) require those who hold them to operate their vehicles with a higher standard of care. The Pennsylvania Department of Transportation closely monitors them to assure that they do.

Even seemingly minor traffic tickets can have profound effects on someone who holds a commercial driver’s license. Some offenses can even result in lifetime disqualification for the first offense.

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