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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


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...


Calculating Child Support: Private School, Stock Options, Perks and 401Ks

The recent Pennsylvania Superior Court case of Murphy v. McDermott provides the family law practitioner with reminders and clarifications as to calculating a party's income for support purposes. The Murphy case focuses on four main issues: whether a parent should be obligated to contribute toward private school tuition; whether one-time stock optio...


Entire Amount of Attorney Fees Request Warranted in Child Support Case

On April 8, 2008, The Legal Intelligencer published my article regarding the Pennsylvania Superior Court case of Krebs v. Krebs (hereafter referred to as Krebs I). Krebs I pertained to retroactively modifying a child support order prior to the filing of a petition to modify a support order. In Krebs I , the Pennsylvania Superior Court remanded the ...


New Jersey Supreme Court Limits Duty Owed by Dram Shop to its Customers

On May 7, 2009, the New Jersey Supreme Court took a step toward limiting the duty owed by a purveyor of alcoholic beverages to its patrons.  In Bauer v. Nebbitt, 399 N.J. Super. 71 (2009), the state Supreme Court held that neither the common law nor New Jersey Jersey's Dram Shop Act (N.J.S.A. 2A:22A-1 et seq.) imposes a duty upon businesses to...


Superior Court Rules Child Support May Survive Payor's Death

By Michael Bertin The Legal Intelligencer  June 9, 2009 It is understood by family law practitioners that child support generally terminates upon the emancipation of the child or the death of the payor. Pursuant to Pennsylvania caselaw, parents do not have a duty to provide for minor children in their estate. However, pursuant to the recent...


Pennsylvania Child Custody Jurisdiction Lost Despite Parent Remaining in Pennsylvania

In 2004, the commonwealth of Pennsylvania adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA replaced the Uniform Child Custody Jurisdiction Act, or UCCJA. It was believed that the UCCJEA would solve many of the problems that occurred under the UCCJA regarding child custody jurisdictional disputes. Under the U...


Incarceration Terminates Child Support, Remits Arrears in Plunkard

As most family law practitioners are aware, the 2007 Pennsylvania Superior Court case of Nash v. Herbster was a case of first impression applying the then fairly new Rule 1910.19(f) to incarceration as being a substantial change in circumstances for purposes modifying or terminating child support, after considering the official comment to said rule...


Court Orders Attorney Fees in Child Custody Contempt Case

The recent Pennsylvania Superior Court case of Hopkins v. Byes reiterates that it may be appropriate for a trial court to order attorney fees against a party found in contempt for failing to follow a child custody order. Hopkins v. Byes is a custody case that arose in Erie County, Pa. The relevant facts of the case are as follows: Sonya Byes and Jo...


Mandatory Wellness Programs: Considerations for Avoiding Legal Pitfalls While Ensuring Organizational Health

THE CORPORATE COUNSELOR, 2008 Most employees typically spend more than half of their waking hours at work. Unsurprisingly, work culture can have a serious impact on their health. As a result, many companies have designed wellness programs to promote a healthier work environment and prevent and manage diseases in an effort to maintain employee heal...