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  • Ryan v. Ruize

    Publication Date: 2021-12-27
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1501

    Statements made to licensed clinical social worker during therapy session were admissible in PFA hearing where privilege applicable to those professionals only restricted testimony in divorce or child custody proceedings. Order of the trial court affirmed.

  • In the Interest of LA.-RA. W.

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1420

    Parents challenged trial court's finding twin infants were dependent and victims of child abuse and parents were the abusers and court found trial court properly excluded parents' experts' testimonies and trial court's finding that placement outside the home was in the children's best interest was supported by the evidence. Affirmed.

  • Kilkenny v. Kilkenny

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1310

    While mother seemed to have learned from her mistake of absconding with the parties' minor children in violation of a prior court order, the court awarded father primary physical custody where the 16 factors enumerated in 23 Pa.C.S. §5328(a), including stability, weighed in favor of father. The court recommended that mother's appeal be quashed.

  • K.D. v. E.D.

    Publication Date: 2021-11-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1384

    Mother challenged grant of periods of supervised therapeutic custody of children to father and court found trial court engaged in a comprehensive best interest analysis and its analysis relative to whether father currently presented a threat of harm to children was careful, thorough and reasonable. Affirmed.

  • In the Interest of: K.B.

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1357

    Trial court had sufficient basis to find child victim incompetent to testify where she demonstrated a lack of understanding of the need to tell the truth and did not accurately perceive the nature of the allegations in the case. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Moore v. Barclay

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1252

    The court held that appellant's act, where he essentially ran appellee off the road placing her in reasonable fear of imminent serious bodily injury, constituted abuse that violated the protection from abuse order against appellant. Finding of indirect criminal contempt affirmed.

  • In re: AMH

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1248

    While father loved his child, such love was not the statutory standard the court was required to consider in ruling on a petition to terminate his parental rights, which petitioners supported with evidence that father failed to perform his parental duties for a period in excess of six months. The court granted the petition for involuntary termination of father's parental rights.

  • Bd. of Tr., Laborers' Dist. Council Constr. Indus. Pension Plan v. Bowman

    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.

  • Graves v. Graves

    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.

  • Cuth v. Cuth

    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.