News
Legal Custody and Vaccination Disputes: COVID-19 Impact
January 7, 2022COVID-19 vaccines are now widely available for children ages 5 years and older, and booster shots are being offered for children ages 16 years and older and children who are moderately or severely immunocompromised. If you are a parent, you have likely considered the COVID-19 vaccine and whether it is appropriate for your child.
There is no question that the decision to vaccinate—or not vaccinate—has led to spirited debate among adults, and similar discourse has occurred between parents who are considering the vaccine for their child.
The 5-Part Test to Determine If an Individual Is Eligible for Social Security Disability Benefits
December 8, 2021When a person applies for Social Security Disability Benefits, the Social Security Administration (“SSA”) applies a five-part test to decide whether that person meets its definition of disability. The person applying for disability must prove each factor to be awarded disability.
Disability Eligibility Factor No. 1
The first factor SSA considers is whether the person is engaging in Substantial Gainful Activity. Simply put, this means SSA will investigate whether the person is working and making more money than allowed for an award of disability benefits to be made.
What is a Preliminary Hearing and What Happens After a Preliminary Hearing Is Waived?
November 11, 2021The 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.
The Effect of a Prior ARD DUI On Subsequent DUIs
October 12, 2021The 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).
What Kind of Lawyer Handles Product Defects?
September 27, 2021Product 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.
Child Tax Credit: Money Now, Pay Later?
September 14, 2021On 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.
It’s Back-to-School Season; Difficult Decisions Need to Be Made!
August 23, 2021It 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.
Child and Spousal Support: When Can I Modify the Amount?
August 10, 2021In 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.
Well-Established Lancaster-Based Law Firm Adds Two Attorneys to Its Ranks, Expanding to Meet Legal Needs in Susquehanna Valley
July 27, 2021Pyfer 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.
