Young Marr - December 2018


Our Attorneys Fight for Your Future THE ADVISOR

LOCATIONS IN PENNSYLVANIA & NEW JERSEY PA: 215-883-8532 NJ: 609-796-9852

• Social Security Disability • Long-term Disability • Bankruptcy • Criminal Defense If you have another legal matter, please feel free to contact us, as we work closely with only the best referral sources.


Between the holidays and the new year, I find myself doing plenty of reflection on where our firm started and where we’re going. It’s hard to believe that when I first opened this practice over 32 years ago, it was just me and one other attorney taking almost exclusively bankruptcy cases in Philly and Bucks counties. Back in those heady days, I never would have imagined Young Marr & Associates would be where we are today. Headed into 2019, I’m proud to say we’ve grown to four attorneys and seven support staffers working to help people in need. We’ve expanded our practice areas, representing people facing everything from criminal charges to long-term disabilities, and we’ve widened our reach to as far as New Jersey. While this means that I’m driving to our 11 satellite locations more often, I’ve never been one to shy away from assisting people. Besides, I rather enjoy being on the open road. For me, the long drives across Pennsylvania give me some much-needed time to decompress. With iTunes, audiobooks, and sports talk radio, I don’t even really mind being stuck in traffic. When I’m not getting caught up on how the Eagles and Flyers are doing, I use my driving time to contemplate the future of our firm. It’s one thing to grow our staff and our reach, but we also have a duty to make sure our service grows better than ever. We took a lot of steps in the right direction this year, expanding our hours and streamlining many of our support systems using the tools of the digital age. We even made ourselves available via text outside of business hours. “While I’ll always remain a hardworking lawyer, I’ve come to realize that this personal time is precious, and the joy I find in these moments carries back into my work.”

Of course, we worried that this increased reliance on technology would lead to a loss in the personal connections that have always defined our relationships with clients. So we launched this paper newsletter last summer, to keep that personal touch that sets our firm apart. Headed into 2019, we will continue to perfect that balance between fast, effective service and individualized, personal support. I’ll also be striking a balance between these goals for the firm and my own personal New Year’s resolutions. I love my work, but this past year has made it clear that you can have too much of a good thing. I’ve always been a workaholic; anyone who knows me knows I’ll spend long hours in my office any day I’m not on the road. Not to admit I’m getting older, but this lifestyle is starting to have consequences. I had some cardiac and back issues in 2018, and I’m determined to take better care of my health in the new year. Beyond exercising and eating healthier, I’m going to challenge myself to spend more time with friends and family. While I’ll always remain a hardworking lawyer, I’ve come to realize that this personal time is precious, and the joy I find in these moments carries back into my work. To all those striving to grow in 2019, I wish you the best of luck! And from all of us at the firm, happy holidays and have a great new year! –Paul H. Young | 1

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Shoppers flock to retailers every Black Friday in hopes of securing the best deals

Duping your customers is a bad business practice, but what makes it illegal? Well, California law requires that retailers post a retail price no higher than what the product was sold at within three months prior to the ad. “Families today … are striving to get the very most they can get from an extremely hard-earned holiday shopping dollar,” said LA City Attorney Mike Feuer. “They deserve to make an informed decision.” After the suit was brought against them, the retailers all quickly moved to settle, promising to never engage in false reference pricing again. Most retailers offer discounts around the holidays to encourage shoppers to come into their stores or visit their websites. Promotions and sales are great tools in any business’s arsenal, provided they aren’t out to mislead customers. Big-box stores may try to manipulate innocent people, and it’s up to aggrieved customers to hold those corporations accountable. Nearly every year, you’ll read about a class-action lawsuit that develops in response to the shady tactics of businesses eager to secure those holiday shopping dollars. Are there great bargains to be had on Black Friday? Of course. But if something sounds too good to be true, it very well might be. Keep your eyes peeled and don’t let retailers trick you into a purchase you wouldn’t make otherwise.

This December marks the anniversary of not just an amazing moment for Philadelphia sports but a truly astonishing milestone for the NHL as a whole. That’s right, Flyers fans, we’re talking about Ron Hextall’s historic 1987 goal against the Bruins. Regardless of what you think of Hextall’s later years as a general manager, nothing will take away the fact that he was the first goalie in the history of the league to intentionally score. On Dec. 8, at the old Spectrum stadium, Boston was feeling the heat. After picking up a 2–1 lead in the second period, the Bruins found themselves down by 2 in the final minutes of the game. Desperation set in, and the team pulled Reggie Lemelin from the goal line in favor of adding an extra attacker. What they failed to anticipate was that they were facing one of the strongest, most aggressive goaltenders in the league. Sports analysts at the time had predicted that, given the opportunity, Hextall would be the first to make the coveted goal-line to goal-line shot. Thanks to his willingness to play the puck and his ability to accurately make outlet passes, Hextall was thought of as a third defender. In an era when most goalies avoided playing the puck at all costs, Hextall made waves even in his AHL days. But this moment in the 1987–1988 season solidified him as a true hockey legend and changed the game forever. on the year’s hottest products. There are many nasty aspects of Black Friday — the long lines, the overzealous shoppers, the limited stock of items — but phony pricing and fake sales shouldn’t be among them. But that’s exactly what happened to folks in Los Angeles during the 2016 holiday season, leading to the biggest Black Friday lawsuit in history. In December of 2016, the Los Angeles City Attorney’s Office sued J.C. Penney, Sears, Macy’s, and Kohl’s for a practice called “false reference pricing,” a nefarious tactic whereby retailers lie about the original price of an item to make a discount appear bigger than it actually is. For example, Sears sold a Kenmore washing machine at a “sale price” of $999.99, compared to a “regular price” of $1,179.99. The problem was the so-called sale price was actually the price that product was offered at every day. Therefore, it wasn’t actually on sale. HEXTALL’S MOONSHOT


The stars aligned on that Dec. 8 night. Having recovered the puck during Boston’s blitz, Hextall took a second to aim before slapping a 178-foot beamer straight into the vacated net. The NHL had been in existence for 70 years at this point, and in that entire history, not a single goalie had been able to pull off this feat. But Hextall wasn’t done.

Just two years later, at the Stanley Cup playoffs, Hextall would again make another

remarkable, unassisted goal against the Capitals — at their own stadium, no less. To this day, only five other NHL goaltenders have managed to sink unassisted shots on goal, and Hextall remains the only one to have managed it twice. While taking a shot on goal remains a high-risk moonshot, Hextall’s overall play style drastically changed the way goalies were viewed in the NHL. He paved the way for active outlet passers who have become a mainstay in the sport today.

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For those facing a DUI charge in Pennsylvania, the Accelerated Rehabilitative Disposition (ARD) program may be an attractive option. ARD exists to give certain motorists the option to learn from their mistake without the life-altering consequences of a criminal conviction. However, not all drivers qualify, and even those who do may find some requirements challenging. Qualifications The following conditions must be met to apply for the ARD program: 1. The applicant must have a clean record for the past 10 years. An exception would be a first-offense, ungraded misdemeanor. 2. The DUI charges under review must not involve death or serious injury to another motorist. Additionally, if the DUI in question involved a passenger under 14 years of age, the applicant will be disqualified from consideration. Also, note that if you have been approved for ARD in the past, your chances of being accepted a second time will be diminished. Your Driver’s License While under the ARD program, you will be subject to certain rules, which may include the suspension of your license. This suspension is based on your blood alcohol content (BAC) at the time of the incident: • A BAC under 0.10 percent will result in no suspension. • A BAC between 0.10–0.16 percent will result in 30 days suspension. • A BAC exceeding 0.16 percent will result in 60 days suspension.

There are several other factors not related to BAC which can also influence the terms of a license suspension. They are as follows: • If the driver was under 21 years old, they will get 90 days suspension. • If the DUI involved drugs, the driver will get 60 days suspension. • Commercial driver’s license (CDL) holders should be aware that regardless of these factors, agreeing to an ARD will result in a year-long suspension of your commercial license. Other Requirements Depending on the details of your case, the court may order you to complete certain tasks, such as taking alcohol highway safety classes, receiving counseling, and/or performing community service. You will also pay a fine of roughly $1,400 and be submitted to a probationary period that typically lasts six months to a year. If you complete this period without any other arrests, the district attorney will drop the charges against you. For many drivers, the ARD is an attractive option. However, if you feel the charges brought against you are dubious and you cannot risk a long-term suspension of your license, especially if you are a CDL holder, it may be better to consider fighting the charges in court. An experienced Pennsylvania DUI defense attorney, such as the ones on our team here at Young Marr & Associates, can give you a better perspective on the legal avenues available to you.




2 pounds fresh chestnuts, unpeeled

2 teaspoons kosher salt, or more to taste Pinch of freshly ground nutmeg Freshly ground black pepper, to taste

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2–3 sprigs rosemary

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1/2 cup unsalted butter, melted

INSTRUCTIONS 1. Heat oven to 450 F. 2. Place a large sheet of foil on a rimmed baking sheet. 3. On a large, flat workspace, place chestnuts flat side down. Using a sharp knife, carve an X on the rounded side of each chestnut. 4. In a large bowl of hot water, soak chestnuts for 1 minute. 5. Pat dry and transfer to a medium bowl. Add rosemary, butter, salt, pepper, and nutmeg. Toss to coat and transfer to baking sheet. Arrange in a single layer. Gather the edges of the foil together, leaving an opening at the top.

6. Roast until peels curl up, about 30–45 minutes. 7. Transfer to a platter and serve while hot or warm.

Inspired by Bon Appétit | 3

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YOUNGMARRLAW.COM PA: 215-883-8532 NJ: 609-796-9852


1 Our Plans for the New Year! 2 The Biggest Black Friday Lawsuit in History The Goal That Changed Hockey 3 What First-Time DUI Offenders Need to Know Buttery Roasted Chestnuts 4 Everything You’ll Need for an Ugly Sweater Christmas


It’s speculated that the first ugly sweater party took place in Vancouver, Canada, back in 2001. Since then, the trend has become one of the most popular holiday party themes. Come Thanksgiving, you’ll start to see racks in all types of clothing stores lined with hideous sweaters. If you’re ready to jump on the ugly-sweater-party bandwagon this Christmas season, here are a few things to keep in mind. Your Very Own Ugly Sweater Ugly sweaters come in all shapes, sizes, and prices. You can head to H&M or a local thrift store to pick one up. However, if you have a sweater that’s been cozied up for years in the back of your closet or a drawer, now’s your chance to give it new life. Arm yourself with a hot glue gun, thread, and needle, and patch Santa, Rudolph, or Frosty on it. And let it be known that an ugly sweater isn’t complete without sparkles, beads, and sequins galore. What Exactly Is an Ugly Sweater Party? It’s rather simple — slip on your favorite Christmas sweater, gather all your friends and family members, make sure there are plenty of refreshments and games, and you’re

guaranteed to have a top-tier party. A few ugly-sweater-themed games that should be on the agenda include an ugly gift exchange, which is similar to the white elephant exchange, except with the gaudiest gifts you can find; an ugly photo booth, complete with terrible, tacky props; and, of course, an ugly sweater contest.

This is the only time of year when slipping into a lurid red sweater with a stuffed

Santa sewn on the front is considered trendy. So adorn yourself in the frumpiest, tackiest sweater you can find, and have some fun this December!

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