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Publication Date: 2022-05-02
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0481
Trial court erred in adjudicating juvenile delinquent for terroristic threats where court expressly found that juvenile had not appreciated or considered the risks of their social media post proposing looting a retail store, as the terroristic threats statute required an offender to consciously disregard the risks of their threat. Order of the trial court vacated.
Publication Date: 2022-04-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0439
Husband appealed order finding he improperly took money from the parties 529 educational accounts for their children and awarding repayment and interest added to husband's child support arrearages and court found it had jurisdiction to enforce the parties' MSA, trial court properly found him in contempt of the MSA provision requiring full and fair disclosure but trial court erred in converting the award into a child support obligation. Affirmed in part and reversed in part.
Publication Date: 2022-04-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0450
Court committed no abuse of discretion in adjudicating child dependent where parents were unable to provide logical explanations as to multiple traumatic injuries suffered by the child. Order of the trial court affirmed.
Publication Date: 2022-04-04
Practice Area: Family Law
Industry: E-Commerce
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0367
Rooker-Feldman and domestic relations doctrines precluded federal court from exercising jurisdiction over dispute regarding the interpretation of a qualified domestic relations order issued by a state court and already litigated in state court. Defendant's motion to dismiss granted.
Publication Date: 2022-04-04
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0358
Trial court erred in accepting hearing officer's recommendation that all of father's flow-through income, whether retained by the business or distributed to father, be considered for child support purposes because father was a minority owner and court should only have considered the income that was distributed to father. Vacated.
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Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2022-03-21
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge McMaster
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0173
The record supported the court's finding that the marital portion of two assets, profitable athletic clubs, were properly valued at $2.3 million where wife's expert gave credible testimony about the increased value of those assets and the court considered the tax ramifications and expenses of sale associated with the marital portion of those assets. The court recommended affirmance.
Publication Date: 2022-03-07
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0148
The court held that natural mother's parental rights should be terminated because she was unable to care for the children based on the volatile relationship she had with the father and her inability to break free from that relationship. Petition to involuntarily terminate rights of the mother granted.
Publication Date: 2022-02-21
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0194
Decree involuntarily terminating parental rights sua sponte vacated where trial court failed to determine whether guardian ad litem had conflict of interest in also serving as child's legal counsel. Decree vacated, case remanded.
Publication Date: 2022-02-21
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Yeager
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0093
The court held that defendant was entitled to nunc pro tunc relief that allowed the filing of his concise statement of errors but that his appeal of a protection from abuse order had been waived and, in the alternative, was meritless. Decision of trial court affirmed.
Publication Date: 2022-02-14
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0157
Trial court erred in denying wife's motion to vacate divorce decree after she found her pleadings were never docketed because prothonotary rejected them due to her counsel's initial failure to file an appearance and pay the filing fee and court found prothonotary had no authority to reject wife's pleadings, her pleadings were timely and the divorce decree suffered from a "fatal defect apparent upon the face of the record." Motion granted, divorce decree vacated and remanded.
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