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  • In re: Passarelli Family Trust

    Publication Date: 2019-04-15
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0425

    Irrevocable trust was not procured by fraudulent misrepresentation due to co-settlor's failure to specifically describe each individual asset being contributed to the trust where identifying the corporation holding the assets was enough to identify the scope of assets. Order of the trial court reversed.

  • J. & S. O. v. C.H.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0426

    Automatic child custody standing statute for grandparents of a child with deceased parent did not violate due process or equal protection rights of surviving parent where the statute served compelling state interest of protecting and promoting child emotional well-being by ensuring continued long-standing and beneficial grandparent-child relationships. Order of the trial court affirmed.

  • In re: Adoption of: B.G.W.

    Publication Date: 2019-04-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0394

    Trial court did not err in requiring physical contact between child and birth parent during post-adoption contact agreement visits where such interaction was implicitly contemplated by PACA as it was acceptable to the parties prior to the agreement and fostered agreement's goal of maintaining child's ongoing relationship with birth parent. Order of the trial court affirmed.

  • Carney v. Carney

    Publication Date: 2019-04-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0305

    In this divorce proceeding, the court considered the tax consequences of the sale of the parties' business in making an equitable distribution award. The court also denied husband's request to terminate the alimony pendent lite award, because economic claims still remained in this case.

  • In the Interest of K.M.R. & J.L.A.

    Publication Date: 2019-04-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0311

    Clear and convincing evidence supported the termination of parental rights in this case, and the court did not err in failing to require the children to be present at the involuntary termination hearings.

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  • Fagan v. Long

    Publication Date: 2019-04-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0303

    Mother failed to meet her burden of establishing that her relocation to Montgomery County best served the interests of the parties' daughter where the relocation would alter the feasibility of preserving the girl's relationship with her father. The court denied mother's petition to relocate.

  • J.F. v. Dept. of Human Servs.

    Publication Date: 2019-03-25
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0321

    Alleged perpetrator of child abuse entitled to evidentiary hearing despite being accepted into ARD on criminal charges of child endangerment where there was no adjudication of alleged facts in the criminal complaint or in the report of child abuse. Order of the Bureau of Hearings and Appeals reversed, case remanded.

  • R. H. v. Dep't of Human Serv.

    Publication Date: 2019-03-25
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0326

    The Bureau of Hearing and Appeals erred in adopting the ALJ's report and finding that petitioner's appeal of an indicated report of child abuse was untimely because the department could not establish it actually mailed the notification letter to petitioner in February 2017 and he was entitled to an administrative appeal nunc pro tunc on the merits. Reversed.

  • In the Interest of H.J.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0286

    Trial court properly found that a goal change to adoption was in the child's best interests and parents' argument for a permanency goal of subsidized permanent legal custody lacked merit because they based their argument on the need for child to continue a relationship with her sister but SPLC as a permanency goal did not guarantee sibling visitation. Affirmed.

  • In the Interest of N.A.D.

    Publication Date: 2019-03-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0287

    Trial court properly found minor guilty of aggravated assault, where he punched victim in the jaw, knocked him unconscious and broke his jaw, because minor's behavior preceding the attack and the force of the blow combined with the sneak attack sufficiently raised an inference that minor acted recklessly and manifested extreme indifference to the value of human life. Affirmed.