• Melmark, Inc. v. Schutt

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0561

    Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.

  • Weber v. Weber

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0557

    Child's petition for special relief for parent's payment of college expenses pursuant to divorce property settlement agreement dismissed due to expiration of the statute of limitations running from the completion of undergraduate expenses. Order of the trial court affirmed.

  • In the Interest of T.G.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0525

    Juvenile court erred in finding that mother's neglect of child's medical conditions was not tantamount to child abuse because the record was devoid of any evidence to support the juvenile court's conclusion that child's failure to thrive was the result of preexisting medical conditions. Reversed in part.

  • T.M. v. H.M.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0521

    Trial court did not abuse its discretion in awarding primary physical custody to mother and denying father's petition to increase his physical custody. Affirmed.

  • In the Interest of I.R.-R.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0526

    Trial court erred in adjudicating children dependent because the evidence DHS presented was not competent to support the adjudication where child's out-of-court statements regarding father's alleged sex abuse were admitted as evidence of her state of mind and were not substantive evidence that father perpetrated any acts of sexual abuse. Vacated.

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    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • EGW v. BD

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0377

    In this adoption proceeding, Tennessee was the "home state" of an infant child under the Uniform Child Custody Jurisdiction and Enforcement Act, so Pennsylvania did not have subject matter jurisdiction.

  • Ortiz v. Hope

    Publication Date: 2019-04-29
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Lash
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0435

    Under the Uniform Child Custody Jurisdiction and Enforcement Act, a Pennsylvania court did not have jurisdiction in this child custody modification matter. The court dismissed this action because another state had issued the original custody order and that state had not relinquished jurisdiction.

  • In re: B.J.Z.

    Publication Date: 2019-04-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0456

    Involuntary termination of parental rights affirmed where trial court could admit statements setting forth older children's preferences for termination and where evidence supported finding that parent was unlikely to remedy conditions for removal. Orders of the trial court affirmed.

  • In the Interest of: T.M.A., a minor

    Publication Date: 2019-04-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0452

    Juvenile court could adjudicate minor dependent where record demonstrated conflict between child and parent such that child refused to return to parent's home and the "grandparent" child was living with had no way to provide for child's medical needs. Order of the juvenile court affirmed.

  • S.K. v. Dep't of Human Serv.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0421

    Bureau of Hearings and Appeals erred in concluding that petitioner acted recklessly and committed child abuse in denying petitioner's request to expunge his indicated report of child abuse because petitioner tried to use a Safe Crisis Management approved upper torso restraint on minor but the restraint did not go as planned and there was no evidence that petitioner grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Reversed.