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Support Order Increased Without Cross-Petition to Modify

The recent case of Brickus v. Dent provides practitioners with a reminder that support orders may be modified in any appropriate manner — either upwardly or downwardly — regardless of whether the petitioner is seeking an upward or downward modification of the order and the respondent does not file a counter/cross-petition to modify. Br...

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Pennsylvania's New Development Permit Extension Act

Recently the Pennsylvania Legislature enacted the Development Permit Extension Act.  This Act will extend the life of development approvals throughout the Commonwealth to July 2, 2013.  Types of Approvals Covered: Generally any government agency approval, agreement, permit including building or construction permit relating to construc...

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Revisiting Barter under the CISG


 

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Tax Ramifications and Costs in Equitable Distribution

The recent Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. The question family law practitioners face is whether the Balicki decision mandates the court to apply tax ramifications and the costs of sale to all assets when equitably dividing the marital estate. In 2005, the Pennsylvania Divorce Cod...

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Flat-Rate Fees Paid to Sales Associates are "Commissions" Sufficient to be Exempt from Fair Labor Standards Act's Overtime Pay Requirements

On September 7, 2010, a divided U.S. Court of Appeals for the Third Circuit affirmed a grant of summary judgment to NutriSystem, Inc. (“NutriSystem”) in a lawsuit challenging the concept of “commissions” under the retail commission exemption of Section 7(i) of the Fair Labor Standards Act (“FLSA”).1  In Parker v. NutriSystem, Inc.,2 th...

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Late Custody Case 1925(b) Statement Deemed Waived on Appeal

The 2010 Superior Court case J.P. vs. S.P. is a reminder of the importance of complying with a court order directing the filing of a Rule 1925(b) Concise Statement of Errors Complained of on Appeal. As held by the Superior Court in the present case, failure to follow such an order will result in a waiver of all matters complained of on appeal, whic...

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Jurisdiction and Inconvenient Forum Under the UCCJEA

Issues pertaining to exclusive continuing jurisdiction and inconvenient forum in child custody cases are often hot topics among family law practitioners. Recently, the case of A.D v. M.A.B., addressed both of these issues. Because Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) a number of years ago, matter...

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Changes In New Pennsylvania Support Guidelines

Pursuant to the Pennsylvania Support Guidelines, the guidelines shall be reviewed at least once every four years. After the most recent review, which began in 2007, the new Support Guidelines were adopted on Jan. 12. The effective date is May 12, 2010. The new guidelines differ from the existing guidelines in a number of ways. This article will fi...

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Pennsylvania Home Improvement Consumer Protection Act: Contractors Beware!

Pennsylvania Home Improvement Consumer Protection Act: Contractors beware!
January 8, 2010

This article appears on the website of the North East Pennsylvania Business Journal and will remain there throughout February. It will then appear in the print edition in March.

 

By Jeffery S. Batoff and Nick Poduslenko

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Enforcing Mortgage Payment Provision in a Postnuptial Agreement

The recent case of Miller v. Miller raises interesting issues for the family law practitioner. Generally, the Miller case pertains to a postnuptial agreement entered between the parties, which included a provision that the husband should pay for the mortgage, taxes and insurance on the marital residence until the marital residence was sold. The f...

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