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Publication Date: 2021-11-15
Practice Area: Family Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1330
Divorce decree incorporating property settlement agreement could serve as a qualified domestic relations order that would authorize pension plan to split benefit payments between divorced spouses where the agreement expressly identified the method to calculate the amount of benefit that would be paid to the other spouse, and did not require the pension plan to pay benefits the spouse was not entitled to or that were already assigned to another party. Defendant's motion for summary judgment denied.
Publication Date: 2021-11-01
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1273
Trial court erred in awarding parent custody where parent had not been joined to action as necessary party or petitioned for custody, and where no evidence was presented to support awarding custody to that parent under the statutory factors. Order of the trial court vacated and remanded.
Publication Date: 2021-10-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1235
Trial court did not err in making spouse originally awarded survivor's benefit from ex-spouse's pension responsible for life insurance premiums to secure a policy that would replace the benefit when the pension fund determined it could not pay the benefit following a divorce, as there was a chance the spouse receiving the benefit could end up with a double payment if the benefit were ultimately granted. Decree affirmed.
Publication Date: 2021-10-25
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1156
Petitioners demonstrated that for at least six months prior to the filing of an involuntary termination petition, father, who was incarcerated on murder charges, had demonstrated a settled purpose to relinquish parental claim to his son and failed to perform his parental duties. The court granted a petition to terminate father's parental rights.
Publication Date: 2021-10-18
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1061
The court found that the moving parties, mother and her paramour, established by clear and convincing evidence that father's parental rights should be involuntarily terminated and that the needs of the minor were best served by termination of father's parental rights because father had not had contact with minor in a year.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2021-10-11
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1183
The trial court properly applied the evidentiary presumption in 23 Pa.C.S. §6381(d) of the Child Protective Services Law, which establishes a prima facie case of abuse by persons responsible for a child when abuse occurs, and made a finding of child abuse where neither parent was able to rebut that presumption. The superior court affirmed.
Publication Date: 2021-10-04
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1141
In calculating child support obligation, trial court did not err in including Social Security survivor's benefit received directly by parent as a caretaker of a child not subject to the order, where the benefit was not required to be used for childcare. Order of the trial court affirmed.
Publication Date: 2021-10-04
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1030
Plaintiff failed to present clear and convincing evidence that he and defendant executed a prenuptial agreement. Petition denied.
Publication Date: 2021-09-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1086
Child sexual assault victim's out-of-court statements were properly admitted under Tender Years Hearsay Act where sufficient evidence supported trial court's determination that the victim's statements were sufficiently reliable and that requiring the victim to testify in court would cause significant mental distress. Order of the trial court affirmed.
Publication Date: 2021-09-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1094
While §6302(1) of the Juvenile Act does not mention sexually violent predator status as a relevant factor in determining whether a child is dependent, the juvenile court did not err in considering father's SVP status since the legislature drafted §6302(1) to encompass the many circumstances that may cause a child to be without proper parental care or control. The superior court affirmed.
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