tag:blogger.com,1999:blog-78020671027280487752024-03-12T21:26:57.269-04:00Injury Cases and Legal NewsServing: Pottstown, Douglassville, Phoenixville, Royersford, Boyertown, Gilbertsville, Chester County, Montgomery County, Berks County.
David Schreiber, Attorney at Law
Of Counsel,
Law Offices of Thomas Wolpert, P.C.
We work for your case.
Emphasis on Car Accidents, Injury Law, Civil Litigation, Insurance Cases.
(610) 792-3304. No fee until we recover for you. www.thomaswolpertlaw.com
www.PAinjurycase.comDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comBlogger70125tag:blogger.com,1999:blog-7802067102728048775.post-536558881760902742010-02-27T23:56:00.004-05:002010-06-05T19:11:01.699-04:00Prepaid Debit Cards: Watch for hidden feesA prepaid debit card is not the same as a credit card. With a prepaid debit card, you buy a card with money on it or you deposit money on the card. Prepaid debit cards can be "reloaded", which means that if the balance is used up, you can choose to add more money to the card. <br /><br />Watch. Prepaid debit cards can carry high fees. Some consumers say they were not adequately warned about those fees. Consumers were often charged an activation fee that was taken off the value of the card, without the consumer's knowledge of the fee. <br /><br />Often, prepaid debit card users are low-income earners, or immigrants, who can not open a typical bank account or get approved for a credit card. Prepaid debit card companies target these groups of people. <br /><br />The industry often says they operate with small profit margins. The criticism is often that they have many small charges which add up costing more than the consumer realizes. This has usually meant that prepaid cards are more expensive way to bank. <br /><br />"Green Dot" is a big provider of prepaid debit cards. It states that consumers "can count on us to be there for you". Customers have complained of poor customer service and that there were hidden fees. <br /><br />As listed on the Green Dot website fee schedule: <br />Initial Purchase: Varies, from $4.95 to $6.95, depending on where it is purchased. <br />Monthly Charge: Waived when you load at least $1,000 to your card or make 30 purchase transactions, otherwise, it is $5.95 per month. <br />ATM Withdrawal: free at participating ATM's only, otherwise it's $2.50 per withdrawal. <br />Teller Cash Advance: $2.50 <br />ATM Declined Withdrawal: $0.50 <br />ATM Balance Inquiry: $0.50 <br />Lost/Stolen Card Replacement: $6.00 <br />Other Prepaid Debit Card Companies<br /><br />According to The New York Times (October 6, 2009), consumers who used cards by other companies also felt they were not adequately warned about the fees. <br /><br />Other large providers of prepaid cards: <br />MiCash Prepaid MasterCard <br />Millennium Advantage Prepaid MasterCard <br />Silver Prepaid MasterCard <br />Only 1 Visa prepaid card <br />Wal-Mart Money Card <br />Vision Premier Prepaid Visa Card <br /> <br />Congress has asked federal regulators to investigate pre-paid cards. To date, this industry, which is a newcomer to the personal finance provider field, has not had regulatory oversight that would give added protection to customers. <br /><br />If you would like more information, feel free to contact me. <br /><br />David E. Schreiber<br />Of Counsel<br />Law Offices of Thomas Wolpert, PC<br />610-792-3304David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-72624147339697768652010-02-20T14:56:00.004-05:002010-02-20T15:04:27.010-05:00Montgomery County Pennsylvania School District Sued for Allegedly Using Webcam to Watch Students at Home via Loaned LaptopsIn a law suit filed in the United States Easter District, Philadelphia, Parents of a Lower Merion School District student allege that High School officials used school-issued laptop computers to illegally spy on students.<br /><br />The Civil Action Complaint claims that unnamed school officials at Harriton High School remotely activated the webcam on a student's computer last year because the district believed he "was engaged in improper behavior in his home."<br /><br />An assistant principal at Harriton confronted the student for "improper behavior" on and used a photograph taken by the webcam as evidence. <br /><br />The Suit seeks to be "certified" as a class action. That happens when a first Plaintiff files a case and requests that the Court certify it as the type of case that involved a class of similarly situated victims. Those additional persons can then elect to join the class action.<br /><br />The district has issued school-owned laptops to 2,290 high school students, starting last school year at Harriton, in an effort to promote more "engaged and active learning and enhanced student achievement," the superintendent said in a message on the district website.<br /><br />In a statement on its website, the district said that "The laptops do contain a security feature intended to track lost, stolen and missing laptops. This feature has been deactivated effective today."<br /><br />In another statement, the district said: "Upon a report of a suspected lost, stolen or missing laptop, the feature was activated by the District's security and technology departments. The tracking-security feature was limited to taking a still image of the operator and the operator's screen. This feature has only been used for the limited purpose of locating a lost, stolen or missing laptop. The District has not used the tracking feature or web cam for any other purpose or in any other manner whatsoever."<br /><br />The Complaint alleges that when the computers were given to students, the school district did not reveal that it could or would activate the cameras at any time.<br /><br />The Complaint pleads that the school district violated federal and state wiretapping laws and violated students' civil rights and is an invasion of privacy.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-77722319180937918682010-02-14T13:16:00.003-05:002010-02-14T13:26:32.519-05:00"Sexting" in PA High School Leads to Criminal Charges<a href="http://pix.motivatedphotos.com/2009/6/25/633815699804996105-sexting.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 800px; height: 600px;" src="http://pix.motivatedphotos.com/2009/6/25/633815699804996105-sexting.jpg" border="0" alt="" /></a><br /><br />According to AP Sources and local police, three teenaged female high school who allegedly sent nude or partially-nude cell phone pictures of themselves, have been charged with child pornography. Three of their male classmates at a Greensburg, PA High School who received them, are also charged. <br /><br />While charged as juveniles, the student still face felony charges. The police indicate that the girls are 14-15 and the boys are 16-17. <br /><br />One of the students had their phone on in class, which is against school property. The school confiscated the phone and then an administrator for the school found the photos. It was turned over to the Greensburg Police.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-13997750081189580342010-02-08T23:36:00.004-05:002010-02-08T23:55:06.407-05:00Drunk School Bus Driver takes kids on wild ride<a href="http://topics.myfoxboston.com/thumbnails/cached_media/0002/0002122/0002122347/images/thumb.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 640px; height: 480px;" src="http://topics.myfoxboston.com/thumbnails/cached_media/0002/0002122/0002122347/images/thumb.jpg" border="0" alt="" /></a><br /><br />A school bus driver who drove 37 students while intoxicated was sentenced to five years probation and jail time, but some parents of her terrified passengers say the punishment is not nearly harsh enough.<br /><br />According to the "CBS Early Show," the bus driver pleaded guilty on Nov. 2, 2009, to 37 counts of child endangerment and driving while intoxicated. It happened on May 8 2009, while students screamed and begged her to stop. <br /><br />On Jan. 4, the Allegany County Court sentenced her to six months of electronic home monitoring, five years of probation, 12 weekends in jail and mandatory alcohol counseling. She was also fined $1,000.<br /><br />Police Reports indicate the bus driver's blood alcohol level was .15, almost twice the New York state legal limit of .08 percent.<br /><br />Hundreds of driving drunking car accidents happen in Pennsylvania each year. Drunk Driving car injuries happen too often. Our firm has expertise in suing drunk drivers in civil cases. If you have been hurt in a drunk driving accident, call us. <br /><br />David Schreiber<a href="http://www.youtube.com/watch?v=-xgSvK2OG8A"></a>David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-63535423590861696022010-02-06T10:51:00.005-05:002010-02-06T11:02:15.677-05:00Toyota: Prius brakes had design problems<a href="http://www.treehugger.com/galleries/toyota-new-2010-prius-hybrid-photo-01.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 550px; height: 366px;" src="http://www.treehugger.com/galleries/toyota-new-2010-prius-hybrid-photo-01.jpg" border="0" alt="" /></a><br />According to AP reports, Toyota has conceded the antilock brake system in the newest Prius model, which went on sale in 2009, had design problems.<br /><br />A spokesperson for Toyota Motor Corp. stated on 2/4/10 that Toyota learned about design problems and corrected the design for Prius models sold since late January.<br />The spokesperson also said Toyota was still investigating how to inform people who had bought the Prius' before January 2010.<br /><br />Apparently 180 Owner complaints have been made of braking problems in the third-generation Prius surfaced in in both the U.S. and Japan. This has happened while there are global recalls of eight Toyota car models for faulty gas pedals.<br /><br />If you would like more information about the sudden acceleration or product defects and your legal rights, feel free to contact us. <br /><br />David SchreiberDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-36503631493030015202010-02-01T00:16:00.002-05:002010-02-01T00:31:26.593-05:00Walmart removes "Princess and The Frog" Pendants: ToxicAccording to the Associated Press and Walmart Sources, Walmart has removed from its sales shelves "Princess and the Frog" pendents. They have apparently contained high levels of Cadmium, which is a toxic substance. The recall inolves approximately 55,000 items, sold at Walmart for $5 per item. Walmart indicates that this was voluntarily done by FAF, Inc., a jewelry company in R.I. The US Consumer Product Safety Comission put out a recall notice after testing for Cadmuim in jewelry produced for Children. <br /><br />The Walt Disney Co. sent a letter to its sellors and licensees that there will be a zero-tolerance policy--stricter than federal requirements--for Cadmium in any jewelry bearing its brand. Disney Co. is now mandating that all products must be tested for Cadmium.<br /><br />"Any detectable levels of cadmium will be deemed a product failure," wrote Manuel G. Grace, Disney Co.'s senior vice president for product integrity.<br /><br />The Federal Government does not actually require Cadmium testing of toys, nor does it set any limit for the amount the substance in toys.<br /><br />Walmart responded to the recall by removing 3 items from sale, including a crown pendant with UPC number 72783367144 and a frog pendant with UPC number 72783367147.<br /><br />The Consumer Product Safety Commission is instructing parents to throw out all pieces of inexpensive metal jewelry, and that children who chew, suck on or swallow a bracelet charm or necklace may be endangering their health because Cadmium could leach out of the item and into the body. Cadmium can harm the brain, kidneys and bones.<br /><br />If you would like more information about defective product laws in Pennsylvania, feel free to contact us. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, PC<br />www.mayerson.comDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-13135133882379956332010-01-27T18:00:00.004-05:002010-01-27T18:06:05.932-05:00Toyota and Lexus Sudden Acceleration Problem<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh7iClWto7UOuXqif0BH7B6E7hegHcVLMtdkLkbAvbPd3s34srE-ZjmzdJ6dxVmM9HBEoMiXGMHyZ71HBEUdzGuQ2XdHVPUpXoSZTh2ivsZmEtwDwHWJqQeLeSpk_wGtkO0T-lwoyB8a1s/s1600-h/acceleration.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 200px; height: 206px;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh7iClWto7UOuXqif0BH7B6E7hegHcVLMtdkLkbAvbPd3s34srE-ZjmzdJ6dxVmM9HBEoMiXGMHyZ71HBEUdzGuQ2XdHVPUpXoSZTh2ivsZmEtwDwHWJqQeLeSpk_wGtkO0T-lwoyB8a1s/s320/acceleration.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5431559044318685138" /></a><br /><br />Reports show at least 4 people have been killed after a Toyota Vehicle suddenly accelerated. The Government has complaints of others seriously injured. <br /><br />The “electronic throttle” is the primary culprit of claims that these vehicles are suddenly accelerating without warning. <br /><br />In March 2004, the Center For Auto Safety reported about sudden acceleration problems in 2002-03 Toyota Camrys and Solaras and the 2002-03 Lexus ES 300.<br /><br />The US Government is looking into 2002-3 Camrys, Solaras, as well as Lexus ES 300's to figure out if they have this defect to the electronic throttle. The Toyota Tacoma has also been a source of complaints for sudden and unintended acceleration. <br /><br />The National Highway Traffic Safety Administration and Toyota pointed to the electronic throttle in 2004 as the probable cause of the complaints of the sudden acceleration. <br /><br />Toyota had claimed, though, that the real problem was the floor mat. <br /><br />The Detroit Free Press has reported that 432 customers made complaints of sudden acceleration problems, which included 51 crashes and 12 instances of injuries. <br /><br />Finally, in October 2009, Toyota conceded that there is an issue with sudden acceleration on these models:<br /><br />2007-2010 Lexus ES350 <br />2006-2010 Lexus IS250 <br />2006-2010 Lexus IS 350 <br />2007-2010 Toyota Camry <br />2005-2010 Toyota Avalon <br />2004-2009 Toyota Prius <br />2005-2010 Toyota Tacoma <br />2007-2010 Toyota Tundra <br /><br />Toyota <br /><br />The Detroit Free Press cited the following:<br /><br />TOKYO — Toyota’s president said it was “extremely regrettable” an American family died in a crash in which a floor mat in one of the Japanese automaker’s vehicles is suspected as the cause.<br />"Four precious lives have been lost," Toyota Motor Corp. President Akio Toyoda said Friday. "I offer my deepest condolences." According to California Highway Patrol Sources, the vehicle<br />accelerated to over 120 mph, went over an embankment, rolled over and then burst into flames, killing the four occupants.<br /><br />Toyota is apparently still deciding what action to take. It has not admitted to a defect.. <br /><br />According to a December 2009 Consumer Reports Article, Toyota and Lexus models “lead the pack for sudden acceleration problems.” According to the Article, an analysis of NHTSA safety complaints database indicates over 40 percent of sudden acceleration complaints involve Toyota and Lexus models.<br /><br />If you would like more information, or have experience a sudden acceleration problem with your vehicle, feel free to contact us.<br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, PC<br />800-524-7300<br />www.mayerson.comDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-68152154309592296662010-01-25T23:36:00.004-05:002010-01-25T23:46:59.839-05:00PA House Transportation Committee Proposes Bill to Ban Texting While Driving<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhcqoLMsldfSBtf3psOHi0THumV_Azm2oa7OimQm0Emkh_4-7nSsjeRxF8ek69JCkgHnusOrbg-To_Tm_p7KDt3_Zmgm6X0-_uw3Ufj-ZSujnIe_qwPv0IeunMWYjzTbDyE-LB6Ihl7RaQ/s1600-h/071231_text_driving.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 240px;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhcqoLMsldfSBtf3psOHi0THumV_Azm2oa7OimQm0Emkh_4-7nSsjeRxF8ek69JCkgHnusOrbg-To_Tm_p7KDt3_Zmgm6X0-_uw3Ufj-ZSujnIe_qwPv0IeunMWYjzTbDyE-LB6Ihl7RaQ/s320/071231_text_driving.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5430905462167068914" /></a><br />In November 2009, the PA House Transportation Committee, offered a new Bill on banning text messaging while driving. <br /><br />According to the Pittsburgh Post-Gazette, the Bill, if passed, may includee an increase in the penalty for texting while driving. The Bill currently only makes it a $50 fine--some proponents want that higher. <br /><br /><br />If you would like more information about Pennsylvania Motor Vehicle Laws, <br />feel free to contact us. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br /><br />Serving: Pottstown, Boyertown, Spring City, Royersford, Gilbertsville, Birdsboro, Phoenixville, Douglassville, Limerick, Bechtelsville, BallyDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-85731396056138824802010-01-22T00:13:00.008-05:002010-01-22T11:02:17.080-05:00"Citizens Untited" Supreme Court Decision: Is it a Disaster? No Restraints on Corporations?<a href="http://thumbs.dreamstime.com/thumb_292/1216756739mqYqHZ.jpg"><img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 300px; height: 225px;" src="http://thumbs.dreamstime.com/thumb_292/1216756739mqYqHZ.jpg" border="0" alt="" /></a><br />The United States Supreme Court issued a radical decision today in a 5-4 vote led by Justice Roberts. It overturned the vast legal precedent of limits on Corporations' ability to finance political campaigns. Corporations, after this decision, can without limit, pay for ads and pay for politicians. This means that a huge corporation, an Oil Company, Energy Company, Health Insurance Company, etc can spend any amount they want, on any election campaign they want to get the candidate they want elected. So, if say, an Oil Company with $10 billion in net annual profits wants to spend it all on getting their agendas passed, they can do it. Roberts' majority decision is based on an argument that a Corporation has the rights of a person and is entitled to free speech under the First Amendment. This Decision could obviously tilt every law that gets passed in the United States in favor of the interests of large corporations over individuals. Interestingly, Roberts and Alito, at their Confirmation Hearings, testified that they would follow the existing precedent. Yet, they did exactly the opposite in this Decision. <br /><br />The Decision surprisingly got very little coverage today from the Media.<br /><br />Justice Stevens wrote the Dissent and said in part:<br /><br />"In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure,and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races. The majority’s approach to corporate electioneering marks a dramatic break from our past. Congress has placed special limitations on campaign spending by corporations ever since the passage of the Tillman Act in 1907, ch. 420, 34 Stat. 864. We have unanimously concluded that this “reflects a permissible assessment of the dangers posed by those entities to the electoral process,” FEC v. National Right to Work Comm., 459 U. S. 197, 209 (1982) (NRWC), and have accepted the “legislative judgment that the special characteristics of the corporate structure require particularly careful regulation,” id., at 209–210. <br /><br />The Court today rejects a century of history when it treats the distinction between corporate and individual campaignspending as an invidious novelty born of Austin v. Michi-gan Chamber of Commerce, 494 U. S. 652 (1990). Relyinglargely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law including FEC v. Wisconsin Right to Life, Inc., 551 U. S. 449 (2007) (WRTL), McConnell v. FEC, 540 U. S. 93 (2003), FEC v. Beaumont, 539 U. S. 146 (2003), FEC v. Massachusetts Citizens for Life, Inc., 479 U. S. 238 (1986) (MCFL), NRWC, 459 U. S. 197, and California Medical Assn. v. FEC, 453 U. S. 182 (1981).<br /><br />The Court’s ruling threatens to undermine the integrityof elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution."<br /><br />The full Decision can be read at:<br />http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf<br /><br />TO TAKE ACTION, CHECK OUT THIS SITE AND SIGN THE PETITION: EDIT AND PASTE TO BROWSER-<br /><br />http://action.citizen.org/t/10315/petition.jsp?petition_KEY=2190David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-75550701736498736702010-01-18T20:53:00.003-05:002010-01-22T11:05:39.759-05:00<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1bo-_4bFth9FHd5oC3rJ3ZTFLKiVkVKxzL2PlC-sb04WeDZFxCBtCZu9nz6EWXnDDOZS8J7o48Y5aQTFJvoMzfSa_oS7F2cqowTUv1qH9MVD3zWf-HzHQZy_49tsvX_mRcqv2VOUwhY4/s1600-h/I-80-Tolls_Phyr-799808.jpg"><img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 320px; height: 190px;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1bo-_4bFth9FHd5oC3rJ3ZTFLKiVkVKxzL2PlC-sb04WeDZFxCBtCZu9nz6EWXnDDOZS8J7o48Y5aQTFJvoMzfSa_oS7F2cqowTUv1qH9MVD3zWf-HzHQZy_49tsvX_mRcqv2VOUwhY4/s320/I-80-Tolls_Phyr-799808.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5429596011312446370" /></a><br />If I-80 becomes a Toll Road as proposed, revenue could go to help fund improvements to Route 422 in Montgomery County, Pennsylvania. In fact, the Montgomery County Planning Commission intends to lobby the federal governement to help make it happen, according to sources, including the Pottstown Mercury. <br /><br />I-80 is 300 miles long and crosses the northern tier of Pennsylvania. It is in need of repair. Pennsylvania filed an application for approval with the Federal Highway Administration. It is requested to help fund the gap in state highway funding.<br />The State could also raise capital up front by issuing bonds based on future toll revenue.<br /><br />PennDOT estimates that state's annual deficit for interstate highway maintenance alone is about $600 million. According to sources cited by the Pottstown Mercury, Pennsylvania has one of the highest percentage of deficient bridges in the nation based on structural problems.<br /><br />Officials of the Pennsylvania Turnpike Commission indicate that a large part of the funding would be allocated to repair Pennsylvania roads and bridges. a majority of the act's funding would be used statewide to repair roads and bridges <br /><br />If you would like more information about state laws, or if you have been involved in a Pennsylvania Car Accident, please contact us. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />610-948-4800<br /><br />Serving: Pottstown, Phoenixville, Spring City, Birdsboro, Douglassville, Boyertown, Gilbertsville, Royersford, LimerickDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-51298961729598793702010-01-11T23:45:00.003-05:002010-01-11T23:59:23.473-05:00Balloon Boy Dad Reports for Jail TimeThe father who pled guilty to a hoax by saying his 6-year-old son was drifting over Colorado in a balloon began his jail sentence on January 10, 2009.<br /><br />He turned himself in Monday morning at the Larimer County Detention Center, according to Larimer County sources. <br /><br />He pled guilty in November to a felony count of attempting to influence a public servant. <br /><br />The County Prosecutors said he and his wife planned the hoax, specifically their son's disappearance, to get publicity for themselves. The Prosecutor's Office says there is overwhelming evidence that this was a hoax and the parents' motive was that they wanted to be selected for a reality television show.<br /><br />The father reported to authorities in October that his young son was drifting over eastern Colorado in a homemade balloon that came loose from its moorings in the family's backyard. Authorities scrambled to track the balloon and rescue the apparent child inside. But, when the balloon came to rest in a field, the balloon was empty. The boy was later discovered hiding inside their family's attic.<br /><br />The presiding judge sentenced The father to 90 days in custody. He will spend 30 full days in jail. He is eligible for work release for the last 60 days according to the County Prosecutor's Office.<br /><br />If he has a job, he would get out of jail during the day and return to spend the night. He also has to serve 100 hours of community service.<br /><br />His wife has pled guilty to a misdemeanor count of false reporting to authorities. Her sentenc is 20 days in jail. She must begin serving it after her husband's sentence ends so the children will have a parent able to care for them.<br /><br />For more information on legal issues, feel free to contact us. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />610-948-4800<br />www.mayerson.com<br /><br />Serving: Pottstown, Phoenixville, Birdsboro, Limerick, Royersford, Gilbertsville, Douglassville, Boyertown, Spring CityDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-87722177686107514512010-01-09T23:57:00.002-05:002010-01-10T00:13:09.659-05:00Drunk Driver goes on "Joyride" in Philadelphia before being caughtAccording to the Philadelphia Daily News and Police Reports, a 39 year old male driver was drunk when he drove his minivan after he left a bar in Philadelphia.<br /><br />Police Reports indicate he rammed his Dodge Van into a 21 year old woman. The drunk driver then drove away from the scene. He then inexplicably drove back to the same parking lot 5 minutes later. He was speeding toward a group of people trying to help the young woman he had hit and injured.<br /><br />A 23 year old man who was trying to help the injured woman was then hit by the drunk driver's Van. The drunk driver then drove away from the scene a second time. He was arrested by police at his home the same day after being identified by witnesses. <br /><br />The Philadelphia D.A.'s Office has charged him with counts of attempted homicide by vehicle, driving under the influence of alcohol and aggravated assault. <br /><br />According to witnesses, the drunk driver had struck a parked car before hitting the young woman. The owner of the parked car exchanged words witht the drunk driver who then punched the man's side mirror. The drunk driver then struck the man's car with his Van 5 times before backing into another car and attempting to leave. <br /><br />The Pennsylvania Dram Shop Act states that a bar or other establishment with a liquor license will have civil liability to a victim if the bar serves someone who is visibly intoxicated and then that person causes injury or damages. The Law requires that the serving of the visibly intoxicated person must be a legal "cause" of the resulting damages or injuries. <br /><br />Our firm has successfully represented many victims of drunk drivers and the bars that served the drunk driver. If you would like more information, or need an attorney in this area of law, contact us for free information. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />610-948-4800<br /><br />Serving: Pottstown, Boyertown, Spring City, Phoenixville, Birdsboro, Douglassville, Limerick, Royersford, GilbertsvilleDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-67041757885889854182010-01-05T14:25:00.004-05:002010-01-05T14:31:28.425-05:00Pennsylvania Car Accident: Drunk Driver Drives her Car into Day-Care CenterA woman who drove her car into a Pennsylvania day-care center, in late November 2009, full of children has been charged with drunk driving. The car impacted the wall of the day-care center.<br /><br />Thankfully, no children were hurt, but an employee of Little Sunshines Day Care Center in Port Carbon, Pennsylvania suffered a leg injury. <br /><br />According to Police Reports, the 36-year-old woman had a blood-alcohol level of 0.14 percent, almost twice the legal limit. <br /><br />The woman was charged with DUI and careless driving. She claims she was distracted by a puppy in her lap at the time of the Nov. 27 crash.<br /><br />If you or a family member is injured in a car accident, our firm can help. We have specialized in this area of the law for 47 years. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />610-948-4800<br /><br />Serving: Pottstown, Royersford, Spring City, Gilbertsville, Boyertown, Douglassville, Phoenixville, Limerick, StoweDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-6888157087628096502010-01-04T00:00:00.002-05:002010-01-04T00:08:53.876-05:00Drunk Driver in Car Accident Crash, SentencedA 24-year-old woman will face 5 to 10 years in a state prison as a result of a DUI fatality in 2008. The driver at fault, was driving the wrong way on the Blue Route near Philadelphia in the early morning hours on September 12, 2008. She was allegedly out with friends who lost track of her some time after midnight at a local bar. She had apparently decided to drive home.<br /><br />She traveled for almost 3 miles going the wrong way on I-476. Witnesses reported they had to swerve to avoid her car. Accident Reconstruction shows she would have passed several signs indicating she was heading in the wrong direction.<br /><br />The Defendant then collided head on with a 63 year old Pennsylvania resident who died in the accident. The Defendant pleaded guilty to homicide by vehicle while driving under the influence of alcohol. In addition to the 5-1o years in prison, She will serve 4 years on probation and 250 hours of community service.<br /><br />She was ordered to pay $21,000 in restitution to the victim's family as part of her criminal sentence. <br /><br />If you or a loved one is the victim of a drunk driver, or a bar that serves a drunk driver, call us with any questions. Our firm has vast experience successfully handling these types of civil cases. <br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />610-948-4800David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-48931593590782874912009-12-29T23:36:00.002-05:002009-12-29T23:45:12.914-05:00The head of the Pennsylvania State Troopers Association on Monday (Dec. 28) stated Pennsylvania is in the midst of “a crisis like we’ve never seen before,” per the Pittsburgh Tribune-Review. The 2008-9 Budget for the Commonwealth does not include funding for a new class of State Police Cadets. The concern by the State Troopers Association is that without new Troopers, the ranks will be seriously in trouble when other Troopers elect to retire. If there are car accidents or crimes, will the State Police have the personnel to keep up?<br /><br />State Police Agencies have been assisted by the Obama Stimulus Money. However, they are not immune to cuts in their Budget.<br /><br />Will Pennsylvania be able to adequately replace retiring Troopers? That is the pressing question.<br /> <br />“If no cadet class graduates next year, and another wave of retirements takes place in 2010, there likely would be fewer troopers at the end of Gov. Ed Rendell's two terms in office than there were when he became governor in 2003,” quotes the Tribune-Review (citing a Troopers Association lobbyist). Rendell has offered to initiate a $10 surcharge on traffic violations to assist in State Police funding.<br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, PC<br />www.mayerson.com<br />610-948-4800<br /><br />serving: Spring City, Douglassville, Birdsboro, Phoenixville, Royersford, Limerick, Boyerstown, Gilbertsville, Pottstown areasDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-77799617485774719522009-12-28T10:34:00.004-05:002009-12-28T12:06:27.088-05:00Man Charged with Vehicular Homicide for Elverson DUI CrashAn Elverson man has been charged with vehicular homicide by the DA related to a Sept. 6 crash that killed two people. He recently waived his preliminary hearing, which is a common tactic by lawyers who defend such individuals when they believe the District Judge is clearly going to find a prima facie case to turn it over to Common Pleas Court. <br /><br />The Defendant through his lawyer pleaded not guilty to charges of vehicular homicide while under the influence and related charges.<br /><br />He allegedly jumped over a guard rail and fell 36 feet in an attempt to flee. The crash killed a Norristown married couple.<br /><br />Police claim the Defendant was under the influence of marijuana when he drove the wrong way on 202 North Exit Ramp at Frazer and hit a Suzuki Sidekick.<br /><br />Victims' family were present at the Preliminary Hearing and obviously grieving.<br /><br />The police report indicates officers responded at 1:57 a.m. and stopped the Defendant, who was running on the southbound side of Route 202. He had blood on his face and body. At 4:12 a.m., the West Whiteland Township Police Department detectives spoke with the Defendant at the hospital. He apparently claimed not to remember the incident and claimed to have last remembered leaving his apartment in Frazer and driving toward Elverson.<br /><br />Blood and urine samples were obtained at the hospital.<br /><br />If you would like more information about your rights when hit by a drunk driver in Chester, Montgomery or Berks County, feel free to contact us. We have extensive experience in handling civil cases for victims of drunk drivers.<br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, PC<br />www.mayerson.comDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-38263766464036788112009-12-27T00:24:00.002-05:002009-12-27T00:34:28.830-05:00Changes to Pennsylvana Right to Know Law?One big question sparking the debate is whether Taxpayers should bear the cost, or part of the cost, for public information requests under the "Right to Know Law". <br />Should the Commonwealth be able to cancel a request it believes to be a practical impossibility?<br /><br />According to the Associated Press, Through the first 10 months of the year, right-to-know requests to state agencies under the governor in Pennsylvania cost PA taxpayers $136,000 over and above the copying fees collected.<br /><br />The law could be amended as early as the spring, according to its prime sponsor, Senate Majority Leader Dominic Pileggi, R-Delaware, as told to the Associated Press.<br /><br />Another issue to likely be considered in this law is whether there should be disclosure of government employees' home addresses. The current law only prohibits disclosure of addresses of law enforcement officers, judges and juveniles. <br /><br />If you would like more information about Personal Injury Law or Legal News in our area, feel free to contact us. <br /><br />David Schreiber<br />Mayerson Schreiber McDevvitt, PC<br />610-948-4800<br />www.mayerson.comDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-11968625249957720452009-12-23T00:32:00.005-05:002010-01-22T01:08:51.489-05:00Mass. State Senator Blames Failed Breathalyzer Test On Toothpaste<a href="http://academicbulimia.com/wp-content/uploads/2010/01/jigger.jpg"><img style="float:left; margin:0 10px 10px 0;cursor:pointer; cursor:hand;width: 450px; height: 809px;" src="http://academicbulimia.com/wp-content/uploads/2010/01/jigger.jpg" border="0" alt="" /></a><br />A Massachussets State Senator now has another legal issue. He failed Breathalyzer tests. He was already on house arrest. He blamed the test results on his use of toothpaste.<br /><br />He previously pled guilty to a hit and run car crash.<br /><br />The State Senator claims the breath test results are due to his use of Colgate Total Whitening and Sensodyne toothpaste, which contains the sugar alcohol sorbitol.<br /><br />He pleaded guilty to a hit-and-run that happened in October 2009 in Cambridge that left a father and his 13-year-old son injured.<br /><br />He has previous drunk driving offenses. He received probation for two years but was being allowed to attend formal Senate sessions.<br /><br />At Mayerson Schreiber McDevitt, P.C. we are experienced in handling civil cases for victims of drunk driving and the bars that serve visibly intoxicated persons.<br /><br />If you have any questions, feel free to contact us. <br /><br />David E. Schreiber<br />610-948-4800<br />www.mayerson.com<br /><br />serving: Pottstown, Boyertown, Phoenixville, Gilbertsville, Spring City, Royersford, Limerick, Birdsboro, DouglassvilleDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-48978473168767427212009-12-10T22:28:00.003-05:002009-12-10T22:35:39.471-05:00Man arrested for DUI while operating a La-Z-boyDUI laws are necessary to deter and punish people from operating motor vehicles while drunk. But, it doesn't have to be a car or truck. Recently, a <br />Minnesota man was arrested for DUI while--get this--operating a custom, motorized La-Z-boy chair. The blood test came back at a whopping 0.29 BAC. The chair was 'blinged-out' with stereo, cup holders, steering wheel and power antenna. It also had a National Hot Rod Association sticker on the headrest. <br /><br />The operator crashed it into another vehicle near the bar he had recently left. <br /><br />The chair was subsequently sold at auction for over $10,000.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-8078458413334235712009-12-02T00:24:00.002-05:002009-12-02T00:29:19.485-05:00Courtroom Yawn results in man getting 6 Months In Jail<br /><br />Will County, Illinois<br /><br />This is according to a Chicago Tribune story. <br /><br />Clifton Williams recently, was in the courtroom of Circuit Judge Daniel Rozak. The judge didn't take kindly to Williams' yawning during a sentencing for Williams' cousin. He found Williams guilty of criminal contempt of court.<br /><br />Some courtroom spectators were in agreement that Williams' yawn was no simple, involuntary action, but rather was timed and exaggerated so as to disrupt the sentencing proceeding, however briefly.<br /><br />Williams will actually be facing more jail time than his cousin the drug defendant, who got two years' probation for his offense. Williams received six months in jail, which, according to the Tribune story, is the max he could receive without actually going to jury trial. He's expected to serve at least three weeks.<br /><br />Some are now asking whether Judge Rozak may have overreacted. A judge with a reputation for running a strict courtroom, Rozak appears to hand out a large share of contempt orders -- four out of the five brought in Will County this year. (There are 30 judges in the county).<br /><br />David Schreiber<br />610-948-4800<br />www.mayerson.com<br />Mayerson Schreiber McDevitt, P.C.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-55332811092752584562009-11-27T13:52:00.003-05:002009-11-27T13:54:14.754-05:00Ben Mayerson, Esq., Shareholder At Mayerson Schreiber McDevitt, P.C. To Argue Important Case Before Pennsylvania Supreme CourtThe law firm of Mayerson, Schreiber & McDevitt, PC, will argue before the Pennsylvania Supreme Court on Wednesday, December 2, 2009. The issue is important to all Pennsylvania lawyers and is backed by the Pennsylvania Bar Association and the Philadelphia Bar Association, which both filed amicus briefs in support of Mayerson’s Petition.<br /><br />The issue is also important to all Pennsylvania citizens because it is at the crux of your right to access the appellate judicial system whenever it is believed that a trial judge made a substantial mistake the impacted the outcome of a trial. Specifically, Pennsylvania Rule of Appellate Procedure 1925(b) operates as a final hurdle for all appellants to reach the higher courts. (An appellant is any person or company attempting to access the appellate courts to get a new trial when a trial judge made a mistake). Rule 1925(b) requires the appellant to file and serve the trial judge with a Concise Statement of Errors advising the trial judge of the specific errors made by the trial judge that are being raised on appeal to the Superior Court.<br /><br />The Rule is currently being applied such that it is insufficient to file the Concise Statement of Errors with the trial court, as is done with every other pleading. In this one instance, the legal document called a Concise Statement of Errors must also be served upon the trial judge himself much like a Civil Action Complaint would be served upon a defendant in a lawsuit. <br /><br />In this case, the appellants attempted to serve the trial judge in his chambers but the court staff refused to identify the location of the trial judge’s chambers and instead, promised to deliver the document to the trial judge within ten minutes because the trial judge was waiting for it and because the trial judge wanted the original.<br /><br />After being properly filed at the court house, the original Concise Statement of Errors was thereafter delivered to the trial judge by the court’s staff exactly as promised. Nevertheless, the trial judge determined that he had not been properly served by the appellant (the appellant being the person that is claiming the trial judge made mistakes in the case), and thus all appellate issues were waived for failing to comply with Appellate Rule 1925(b). In other words, it did not matter to the trial judge that he actually received the Concise Statement of Errors because the trial judge believed he should be served by the appellant. <br /><br />A three member panel of The Superior Court agreed with the trial judge and determined that all of the appellate issues had been waived for failing to provide the trial judge with personal service of the Concise Statement of Errors. Mayerson, Schreiber & McDevitt, PC, petitioned the Supreme Court to decide the issue. The Supreme Court accepts less than 5% of all petitions submitted per year, but decided the issue submitted by the Mayerson firm was of substantial importance to our system of justice. Thereafter, the Pennsylvania Bar Association and the Philadelphia Bar Association agreed, and filed an amicus brief in support of Mayerson’s petition.<br /><br />The Pennsylvania Bar Association and the Philadelphia Bar Association are non-profit, independent, voluntary organizations, representing over 29,000 lawyer members and both organizations work to promote justice, respect for the rule of law, professional excellence, and betterment of the legal profession. In order to advance jurisprudence and to promote the administration of justice, both associations will file amicus briefs in cases raising issues of vital concern to the Commonwealth’s lawyers. This issue was of particular interest to the Associations and their members because they are concerned about the application of Appellate Rule 1925(b) and the rationale supporting waiver of appellate rights based upon technical issues that do not impede meaningful appellate review. The Associations have a strong interest in ensuring the balance between court efficiency and consistency and the preservation of appellate review on the merits.<br /><br />The case is being heard by the Supreme Court on Wednesday, December 2, 2009, in Harrisburg Pennsylvania. It will be argued by the appellants’ attorney, Ben Mayerson.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-41021876931248445642009-11-26T11:37:00.001-05:002009-11-26T11:40:11.917-05:00Stats on Drunk Driving per StateAlcohol-Impaired Drivers Involved in Fatal Crashes, by Gender & State, 2007-2008 <br />This Research Note emphasizes recent trends in the number of alcohol-impaired drivers involved in fatal crashes, by the gender of the driver as well as the State where the fatal crash occurred. <br /><br />http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.6a6eaf83cf719ad24ec86e10dba046a0/<br /><br /><br />David E. Schreiber<br /><br />www.mayerson.com<br />610-948-4800David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-51798592730667256712009-11-18T10:13:00.002-05:002009-11-18T10:15:48.244-05:00How to Keep Email Free from Virus AttachmentsHow to Keep Email Free from Virus Attachments <br /><br /><br />Email keeps us in touch with friends, family, and colleagues. Yet, caution is necessary when emails contain attachments. Attachments come from friends and strangers. Nonetheless, users can choose to keep their computers free from malicious email attachments in a variety of ways.<br /><br />1. Allow free email accounts to scan attachments for viruses. Free email accounts such as Yahoo, Hotmail, AOL, and Google Mail automatically scan email attachments for viruses or offer alternative means of opening attachments, before the attachment downloads to the computer.<br /><br />2. Scan emails with an antivirus software. Antivirus software features an option to scan email attachments proactively, before or after attachments download to the computer.<br /><br />3. Upload or email attachments to a web-based virus scanner. Web-based virus scanners allow users to upload attachments to a server, which scans the attachment for viruses and malware. Optionally, the user can forward attachment to a specified email address, which will then scan the virus from multiple antivirus programs. A report will indicate whether the attachment contains a virus.<br /><br />Receiving email attachments through email is a normal part of checking emails, but caution is necessary. Scanning email attachments is a preventive method of detecting viruses, phishing, malware, and spyware. Routinely scanning documents and running a current version of antivirus software will effectively reduce chances of file attachments infecting the computer.<br /><br />Tips and Warnings<br /><br />n Do not open email attachments from unknown senders. These attachments could contain viruses, Trojans, or malware.<br /><br />n Save email attachments before opening them directly from email. Malicious attachments cannot do any harm until opened. Scan the attachment with the antivirus software installed on the computer, or use a web-based virus scanner to examine the attachment for viruses.<br /><br />- Keep an up-to-date antivirus program installed on the computer. There are many paid and free antivirus software and internet security options available.<br /><br />- Free web-based attachment scanner - http://www.virustotal.com/<br /><br />- Free antivirus and malware software - http://www.avast.com/<br /><br />- Free antivirus and malware software - http://free.avg.com/us-en/homepage<br /><br />- Free antivirus, Trojan, and spyware remover- http://housecall.trendmicro.com/<br /><br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />800-524-7300<br /><br />Serving: Pottstown, Boyertown, Phoenixville, Spring City, Limerick, Gilbertsville, Phoenixville, Douglassville, Birdsboro, Collegeville, Royersford areasDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-90944219534477593232009-11-15T08:53:00.005-05:002009-11-15T08:57:44.191-05:00Man arrested for DUI after calling police because his marijuana was stolenCalvin Hoover, 21, of Salem, Oregon called 911 to say that his marijuana was missing.<br />According to the local paper, the Statesman Journal, he called 911 to report that while he was in a bar, someone broke into his truck, stole $400 cash, a jacket and about 3/4 oz. of marijuana, valued at about $180.<br /><br />Police went to the bar but Hoover was not there.<br /><br />An hour later, Hoover called again to complain but this time angry that the police had not arrived.<br /><br />Authorities said the dispatcher had trouble understanding the caller because he was driving and stopping several times to vomit.<br /><br />Police eventually found Hoover's truck parked on the street. He was 100 feet from his truck, walking in the street. He told authorities that he was looking for the people who stole his "weed."<br /><br />Police took a theft report and arrested him on charges of driving under the influence. They explained to Hoover that if he did not have a medical marijuana card and was found in possession of marijuana, he would have been charged with possession of a controlled substance. (Medical marijuana is legal in Oregon, with a valid permit). It's not clear whether he had any such permit, but DUI IS illegal.David Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.comtag:blogger.com,1999:blog-7802067102728048775.post-36880400325022118852009-11-01T09:01:00.002-05:002009-11-01T09:03:02.824-05:00All over the country reports are coming in that Medical Malpractice lawsuits are down tremendously, despite the insurance lobby propaganda. In Pennsylvania, for example, medical malpractice lawsuits are down 38% since 2002 and in Philadelphia by 52%. Furthermore, two of the largest insurance carriers in the state for that kind of coverage are decreasing their rates and since 2002, 57 new carriers are offering policies to doctors.<br /><br />It's a shame that the misinformation about this continues and no one really knows the truth about personal injury or medical malpractice litigation unless they unfortunately have to go through it. It is not a jackpot or lottery system and most insurance defense lawyers will tell you that not only are the great majority of jury verdicts in favor of doctors but both the number of lawsuits and the actual dollar amount of verdicts are down substantially.<br /><br />If you would like more information, please contact us.<br /><br />David Schreiber<br />Mayerson Schreiber McDevitt, P.C.<br />www.mayerson.com<br />610-948-4800<br />800-524-7300<br /><br />Serving: Pottstown, Boyertown, Spring City, Gilbertsville, Douglassville, Phoenixville, Birdsboro, Limerick, RoyersfordDavid Schreiberhttp://www.blogger.com/profile/10369330946895921139noreply@blogger.com