Author Archives: Todd Spivak and Rebecca Canterbury

Who Can Testify At My Summary Trial?

Posted on July 5 2014 by Todd Spivak and Rebecca Canterbury

At a summary trial, judges tend to not want to hear from character witnesses.

Generally, to be a competent witness, the person testifying must have been present at the event that gave rise to the charges. All testimony must be relevant to the charges or defense, and the judge will likely not permit irrelevant testimony, such as information about the defendant’s good reputation, good driving history, etc. Each witness can be cross-examined. The judge is charged with the responsibility of conducting the trial, determining who can testify, admitting evidence, and ruling on evidentiary objections.

After all testimony and argument, the judge will announce a decision in open court at the conclusion of the trial. Once a decision has been announced, the trial is ended and the result is final.

To speak with an experienced Pittsburgh summary trial lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Introducing Evidence at Your PFA Hearing

Posted on June 29 2014 by Todd Spivak and Rebecca Canterbury

Many Protection From Abuse (PFA) matters are “he said, she said.” Any supporting evidence, including other witnesses (especially non-related witnesses) and documentary evidence, can go a long way toward prevailing at the PFA hearing. If there are photos, emails, or text messages, make sure that they have been printed, as many judges are not willing to scroll through a party’s cell phone. If there is a voicemail, make sure you have a way for it to be played in Court.

If there is no other supporting evidence, the Court decides whether to grant the PFA based on which party’s testimony appears more credible. In other words, the Court may make a “gut decision” about who is telling the truth.

To learn more about how to prepare for your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Allegheny County Increases Custody Filing Fees

Posted on June 21 2014 by Todd Spivak and Rebecca Canterbury

Seeking custody of your children isn’t cheap.

Earlier this year, fees associated with filing a custody action increased dramatically. For instance, the fee for filing an initial custody complaint soared from $232.50 to $325. The fee for filing a divorce complaint with a custody count jumped from $271 to $363.50. The fee for filing a petition for custody modification swelled from $200 to $250, and the fee for filing a custody complaint after a divorce action has been filed spiked from $108.50 to $220.50. Additionally a new fee of $200 will be assessed for reinstating a custody action.

In Allegheny County, all fees for custody actions are collected by the Department of Court Records on the first floor of the City County Building, 414 Grant Street, Pittsburgh, PA 15219. In some cases involving low-income parties, custody filing fees may be waived by the Court.

To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Is A Simple Will?

Posted on June 14 2014 by Todd Spivak and Rebecca Canterbury

A simple will is the most common type of will today. These wills are not joint wills, as they serve only for one person.

A simple will is a single piece of documentation that describes your wishes. When this type of will is used, it states that the document is your will. It lists your beneficiaries, including any charities, and their addresses and birth dates. In addition, it names the executor of your will and possibly a secondary executor, in case the first cannot provide for you. It also includes your directions for who will care for your children and your property, as well as distribute your assets as you direct.

To have a Pittsburgh attorney draft your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Shielding Kids In High-Conflict Divorce

Posted on June 7 2014 by Todd Spivak and Rebecca Canterbury

Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.

When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.

To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Summary Offenses Can Carry Stiff Penalties

Posted on June 2 2014 by Todd Spivak and Rebecca Canterbury

Although a summary offense is low-level crime, you should seriously consider retaining an experienced criminal defense attorney to fight the charge because a conviction can have long-lasting adverse effects.

Summary offenses may carry stiff penalties, including fines and up to 90 days in jail. Additionally, you cannot even begin the process of expunging a summary offense from your criminal record for five years.

To speak with an experienced summary trial and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Providing Records to Your Divorce Lawyer

Posted on May 27 2014 by Todd Spivak and Rebecca Canterbury

Once the divorce process is under way, your lawyer will need ready access to all relevant financial documents. Start by locating and gathering together the following records pertaining to both you and your spouse:

Social Security numbers
Income tax returns for the past three years
Retirement savings plans statements for the past three years
Bank account statements
Insurance policies (life; automobile; house; other)
Stock certificates
Credit card bills
Employment payment stubs
Brokerage statements
Pension statements
Health insurance and work-related benefits
Real estate records
Receipts and monthly statements documenting household expenses and everyday expenses (groceries, gas, heat, water, personal grooming, transportation, gifts, clothing, laundry and cleaning supplies, entertainment, miscellaneous expenses, and so forth)
List of all assets and liabilities
Date of separation (the date of separation is the date used to determine the value of particular assets – the matrimonial home, bank statements, investments, and so forth)

To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Helping Children Cope With Divorce

Posted on May 23 2014 by Todd Spivak and Rebecca Canterbury

Moving between homes can be a stressful time for children. The easier a parent can make it, the better it is for them. Transition can also be difficult for you as a parent, because you’re giving up your children for a period of time. Family therapists encourage divorced parents to give their children “adjustment time” when transitioning between homes. Here are some tips for easing the transition:

Give children something to look forward to when they come home, for example: a special snack, alone time, a TV program to watch, and so forth.
Involve your children in what they need to do when they come home, for example: reading, doing homework, checking email, etc.
Ask your children if there’s anything you can do to make it easier.

To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA Law Increasing Protections For Minors

Posted on May 13 2014 by Todd Spivak and Rebecca Canterbury

Pennsylvania appears poised to expand its Protection From Abuse (PFA) law to include protections for minors who are victims of stalking and harassment.

Under current law, stalking and harassment victims who are minors cannot obtain a PFA unless their assailant is a current or former household member, family member, or former intimate partner. But what if the stalker does not fit into any of these categories?

A proposed amendment to the Protection of Victims of Sexual Violence or Intimidation Act would close this loophole. If signed into law by Gov. Corbett, the new protections will go into effect July 2015.

To speak with an experienced Pennsylvania PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Legalize Pot, Says Allegheny County Coroner

Posted on May 10 2014 by Todd Spivak and Rebecca Canterbury

Former Allegheny County Coroner Cyril Wecht presents strong and convincing arguments for legalizing medicinal marijuana and decriminalizing the drug in Pennsylvania.

“As a forensic pathologist performing autopsies on hundreds of people each year who die as a result of drug toxicity,” Wecht wrote recently in the Pittsburgh Post-Gazette, “I have never signed out a death due to cannabis, nor have I ever seen such an autopsy report from any other forensic pathologist.”

Wecht decries the decades-long propaganda campaign against marijuana. “Marijuana is not an addictive drug that leads to physiological habituation and tolerance,” he writes, contrasting it with the countless deaths directly caused by popular legal substances such as alcohol, antidepressants, sedatives, and opioids.

Wecht supports legalizing medicinal marijuana and decriminalizing marijuana use and possession. Currently, two states have completely legalized marijuana and 18 other states have decriminalized it. “There simply is no rational reason, medical logic or justifiable legal basis for the refusal of the federal government and most states to decriminalize marijuana,” Wecht writes.

To speak with an experienced Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.