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  • Berry v. Berry

    Publication Date: 2018-10-23
    Practice Area: Civil Procedure | Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1262

    Where both parties' competency in this divorce action was called into question but neither parties' competency established, the trial court's equitable distribution award was premature. The appellate court vacated an equitable distribution order and divorce decree.

  • M.W. v. S.T.

    Publication Date: 2018-10-16
    Practice Area: Administrative Law | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1240

    Trial court properly dismissed grandmother's complaint for custody of her grandchildren because she lacked standing since, by the time the court heard the petition, Children and Youth Services had closed the investigation and dependency proceedings and children were living with their parents and trial court correctly considered the circumstances as they were at the time of the petition to dismiss in determining standing. Affirmed.

  • In the Interest of: J.N.W., a minor

    Publication Date: 2018-10-16
    Practice Area: Civil Rights | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1236

    Suppression of statement affirmed where juvenile made her statements in settings that constituted custodial interrogations and where police failed to give Miranda warnings and juvenile never gave a voluntary waiver of such rights. Order of the trial court affirmed.

  • In re: H.R., a minor

    Publication Date: 2018-10-09
    Practice Area: Constitutional Law | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1208

    Where Act 21 was intended to ensure continued mental health treatment of juveniles adjudicated as sexually violent delinquent children, continued involuntary treatment was neither punitive in nature nor constituted ex post facto punishment. Order of the trial court affirmed.

  • C.G. v. J.H.

    Publication Date: 2018-10-09
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1200

    Trial court properly denied former unmarried partner in loco parentis standing where partner failed to assume or discharge parental duties during the parties' relationship and partner's post-separation conduct was consistent with this pre-separation conduct. Order of the superior court affirmed.

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    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • S.W. v. S.F.

    Publication Date: 2018-10-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1178

    The trial court properly conducted an ex parte proceeding pursuant to 23 Pa.C.S.§6107(b)(1) where a minor child's father petitioned for a temporary protection from abuse order alleging immediate and present danger of abuse to his minor daughter from the child's mother. The appellate court affirmed an order granting a protection from abuse order.

  • In Re: Estate of Roczey

    Publication Date: 2018-09-18
    Practice Area: Family Law | Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1034

    Petitioners failed to demonstrate that decedent lacked sufficient mental capacity to execute a new will where they produced no medical evidence to support the claim and they themselves had decedent sign an attorney contingency fee agreement during the same period, illustrating confidence in decedent's mental capacity. The court denied a petition to vacate decedent's will.

  • Zehner v. Zehner

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1108

    Trial court did not abuse its discretion in granting former wife's petition seeking an amended QDRO utilizing a correct coverture fraction consistent with 23 Pa.C.S.A. §3501(c)(1) and husband's argument that the trial court lacked jurisdiction to modify the order failed because the QDRO's use of an improper coverture fraction constituted a fatal defect on the face of the record. Affirmed.

  • In the Interest of E.O., a minor

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1107

    Trial court erred in finding indirect criminal contempt for violation of visitation order where parent was not afforded procedural safeguards and where trial court imposed sentence of incarceration rather than fine. Order of the trial court vacated.

  • Witman v Strickler

    Publication Date: 2018-09-18
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1033

    Mother demonstrated that a proposed move to Missouri to seize on an opportunity to own a working cattle farm was in her minor child's best interests but failed to demonstrate that it was necessary to move immediately. The court granted mother's petition to relocate but delayed the move until the school year's end.