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The Obermayer Advisor Estate Planning – Summer 2010
What Is The Status Of The Federal Estate Tax?

The future of the Federal estate tax is still unknown, and the fact that Congress has allowed it to remain so is outrageous. In 2001, President Bush signed a law that gradually reduced and ultimately repealed the Federal estate tax. By 2009, the exemption was increased from $1 million to $3.5 million and the maximum tax rate was dropped from 55% to 45%. The repeal, scheduled for January 1, 2010, was to last only one year and then, in 2011, the Federal estate tax law was to revert to the 2001 status with its lower exemption ($1,000,000) and higher maximum tax rate of 55%.

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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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Gary Samms Featured on Fox Business Channel

Gary M. Samms was featured on March 14th on the Fox Business Channel as part of the “Xpert Forum.”  Mr. Samms spoke on issues related to discovery and the rising costs of litigation.  The half hour show will air again on March 21st.  The show is run in both the U.S. and the United Kingdom.

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Gary Samms Obtains Defense Verdict in Defamation Case

Gary M. Samms obtained a defense verdict after a two week trial in a hotly contested defamation/breach of contract and tortious interference with contract action.  Plaintiff was seeking $1.6 million.

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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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Robert I. Whitelaw Named “2010 Family Lawyer of the Year”

Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that Managing Partner Robert I. Whitelaw is named as the “2010 Family Lawyer of the Year” in “Philadelphia’s Best Lawyers ® - 2010 Edition.”  The Best Lawyers supplement appears in the January 29, 2010 issue of the Philadelphia Inquirer (1/29/10...

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Thomas A. Leonard to receive 2010 Learned Hand Award

Obermayer Rebmann Maxwell & Hippel LLP is pleased to announce that Thomas A. Leonard will be honored by the American Jewish Committee Philadelphia/Southern New Jersey with the 2010 Judge Learned Hand Award at a dinner at the Rittenhouse Hotel in Philadelphia. The Judge Learned Hand award was established in memory of Judge Learned Hand, Senior J...

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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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