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  • Earley v. Gould-Earley

    Publication Date: 2022-10-10
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: FC-20-20473

    While the parties permanently ceased sharing a bedroom after a troubling incident in August 2014, the court could not rely on that incident to establish a date of separation because most of the rights and duties typically attendant to a marital relationship had been absent from the parties' marriage for many years prior. The court granted in part wife's exceptions.

  • In re: MBS

    Publication Date: 2022-10-10
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-6785

    The minor child's natural father, who had no contact with his child after birth and made no inquiries about him, had evidenced both a settled purpose of relinquishing his parental claim to the child and failing to perform his parental duties for the entirety of the child's life. The court granted a petition for involuntary termination of parental rights.

  • Anderson v. Anderson

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2021-S-871

    The court refused to grant wife's petition to open a divorce decree where her petition was not timely filed and her attorney's mistake in failing to file economic claims on wife's behalf did not amount to extrinsic fraud so as to warrant relief under 23 Pa.C.S. §3332. The court denied wife's petition.

  • In the Interest of M.E.

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 113 WDA 2022

    Parents appealed the involuntary termination of their parental rights and court found no abuse of discretion because father's nolo contendere plea to aggravated abuse of infant was enough to satisfy the statute, mother did not fully address the underlying conditions and Allegheny County Children Youth and Families met its burden under §2511(a) and §2511(b). Affirmed.

  • Caldwell v. Caldwell

    Publication Date: 2022-10-03
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2018-S-253

    Court denied request to modify a hearing officer's report and recommendation which was incorporated into the final divorce decree, holding that the Pennsylvania Divorce Code makes no provision for a modification of a final decree of equitable distribution, and in fact, it is settled law that such degrees are non-modifiable.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Goodwin v. Goodwin

    Publication Date: 2022-09-05
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1002

    Superior court properly found that life insurance proceeds and an IRA wife received on her child's death during her marriage to husband were "gifts" under §3501(a)(3) of the divorce code and were not marital property. Affirmed.

  • In the Interest of G.R.

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0978

    Trial court properly found infant child with leg fractures was the victim of child abuse and parents were the perpetrators of the abuse because parents did not testify, presented no rebuttal witnesses and failed to rebut the §6381(d) presumption with countervailing, competent, substantial evidence. Affirmed.

  • Smith v. Smith

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0975

    Father appealed order granting mother primary physical custody of the parties' child and court found trial court set forth each of the 16 custody factors, explained in detail which factor favored which party and there was no error or abuse of discretion in court's determination. Affirmed.

  • In re Y.A.P.

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Gilman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0932

    Court denied appeal in termination of parental rights matter holding that the state's agency showed by clear and convincing evidence that termination of rights was proper under §2511(a) and adoption was ultimately in the best interest of the minor, as expressed through the agency and the minor's attorney.

  • Breen v. Breen

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0924

    Court affirmed previous order awarding alimony and 529 funds to an ex-wife, finding that the wife was the primary caregiver of the children, and the ex-husband's ability to significantly provide for himself weighed in the favor of wife receiving alimony for a period of four years while she continued to care for the children and look for employment.