Category: Court Decisions

Video Trumps Trooper Testimony in PFA Proceeding

A non-precedential opinion of the Superior Court affirms the decision of a Lackawanna County court, which granted a Protection from Abuse order against the father of two young children. In E.B. v. H.S., No. 1906 MDA 2012 (October 1, 2013), the Father appealed a decision that granted a PFA against him, enjoining contact with his wife or two young children until they should be interviewed by a guardian ad litem. The […]

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No Blood Testing Allowed in Paternity Case

October 01, 2013 | Child Support, Court Decisions, Legal Perspective

Icon for author Brian Vertz Brian Vertz

A recent decision of the Superior Court examined the “best interests” standard in paternity cases. R.K.J. v. S.P.K., 2013 Pa.Super. 259 (September 26, 2013).  R.K.J. (“Mother”) gave birth to a child, and her boyfriend S.P.K. (“Father”) signed an acknowledgment of paternity in the hospital, even though he knew that he was not the biological father. What he didn’t know is that Mother was not yet divorced from R.J., Jr. (“Husband”) […]

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Marital Settlement Agreement Contains Implied Obligations

In an unpublished decision, the Superior Court has considered the plight of a spouse who entered into a marital settlement agreement thinking that her husband would pursue a gas/oil lease, from which she was entitled to receive a share of the royalties. The Jenkins v. Jenkins decision (No. 1025 WDA 2012, September 26, 2013) arose from a Fayette county case, in which the wife sued the husband for breach of […]

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In-kind Distribution of Stock Disfavored by Divorce Court

A decision announced recently by the Supreme Court of Rhode Island, McCulloch v. McCulloch, 69 A.3d 810, illustrates why buyouts are generally favored over in-kind distributions of stock when dividing the value of family businesses in equitable distribution proceedings. The trial court in McCulloch, faced with uncertain valuations of the businesses from both sides and a court-appointed expert, elected to award 25% of the stock to Wife and 75% to […]

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Lengthy Separation is Compelling Circumstance for Divorce Bifurcation

September 02, 2013 | Court Decisions, Divorce, Legal Perspective

Icon for author Brian Vertz Brian Vertz

In Seelbaugh v. Seelbaugh (non-precedential), No. 1102 WDA 2012 (August 16, 2012), the Superior Court heard an appeal in which a wife contested the bifurcation of a divorce proceeding, allowing a divorce to be issued before the ancillary claims were resolved. Bifurcation is governed, under statutory amendments enacted in 2005, by 23 Pa.C.S. Section 3323(c.1). That section authorizes the trial court to enter a divorce decree without simultaneously resolving the […]

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Husband’s Divorce Settlement Forecloses Action by His Corporation Against Wife

In Habjan v. Habjan, ___ A.2d ___ (Pa.Super.2013), the Superior Court was confronted with a question of whether to “pierce the corporate veil” by holding Husband responsible for a lawsuit initiated by his business corporation against Wife, thereby abrogating the release that Husband gave her in his marital settlement agreement. Husband and Wife were each 50% owners and officers of a corporation formed during the marriage to operate motels in […]

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