INDEX PENNSYLVANIA FAMILY LAWYER VOLUMES 1-32 ( ) COMPILED BY JOEL FISHMAN, PH.D. TO THE

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1 INDEX TO THE PENNSYLVANIA FAMILY LAWYER VOLUMES 1-32 ( ) COMPILED BY JOEL FISHMAN, PH.D. ASST. DIRECTOR FOR LAWYER SERVICES DUQUESNE UNIVERSITY CENTER FOR LEGAL INFORMATION ALLEGHENY COUNTY LAW LIBRARY PITTSBURGH: PBA FAMILY LAW SECTION, 2011

2 Copyright: 2011, Joel Fishman

3 TABLE OF CONTENTS Preface... ix 1. Chair's Column Editor's Column Digest of Case Notes... 2 A. Case Digests by Author... 2 B. Case Digests by Title C. Case Digests by Subject Abuse Adoption Annulment Antenuptial/Prenuptial/Postnuptial Agreements Appellate Procedure Attorney Fees Bankruptcy Bigamy Common Law Marriage Contempt Costs Counsel Fees Criminal Law Custody Custody-Relocation Custody UCCJA Dependency Discovery Divorce Divorce Actions In More Than One County Divorce Alimony Divorce Alimony Pendente Lite Divorce Application to Proceed Divorce Bankruptcy Actions Divorce Bifurcation Divorce Cohabitation Divorce-Constitutionality Divorce Death of Party Divorce Domicile iii

4 Divorce Foreign Decree Divorce Grounds Divorce Injunctive Relief Divorce Marital Property Divorce Pending Actions Divorce Post Separation Divorce Procedure Divorce Relocation Divorce Residence Divorce Separate and Apart Divorce Taxation Divorce Third Parties Emancipated Minors Equitable Distribution Equitable Distribution Business Equitable Distribution Good Will Equitable Distribution Insurance Equitable Distribution Pensions and Retirement Plans Equitable Distribution-Stock Options Equitable Distribution Wage Attachments Evidence Grandparents Guardianship Incompetency Ineffective Counsel Legal Malpractice Mailbox Rule Name Changes Palimony Partition Paternity Protection from Abuse Act Replevin Res Judicata Sanction Separation Agreements Settlement Agreements Slayer s Act Support Support Education iv

5 Support Guidelines Support-Income Support Jurisdiction Support-Spousal Support-Stock Options Support Taxation Taxation Testimonial Privileges Visitation Table of Cases Reported Articles & Comments A. Index by Author B. Index by Title C. Index by Subject Adoption Adultery Alimony Alternative Dispute Resolution Amendments to the Divorce Code Antenuptial/Prenuptial/Postnuptial Agreements Appellate Practice Bankruptcy Bibliography Child Abuse Common Law Marriage Computer Programs/Technology Counsel Fees Courts Criminal Law Custody Custody Relocation Divorce Divorce-Business Divorce-International Divorce-Marital Property Divorce-Pensions and Retirement Plans Divorce-Taxation Discovery Equitable Distribution v

6 Equitable Distribution-Business Equitable Distribution-Goodwill Equitable Distribution Pensions & Retirement Plans Equitable Distribution-Stock Options Equitable Distribution Valuation Estate Planning Ethics Evidence Foreign Judgments Labor Law Legal Clinics Marriage Maxims Passports Paternity Practice of Law Protection From Abuse Separate Property Social Security Support Support-Education Support-Guidelines Support Paternity Surrogacy Taxation Women Military Corner Book Reviews A. Author Index B. Title Index C. Reviewer Index Ethics Corner Technology Corner A. Author Index Legislative Update Poetry & Other Miscellaneous Literature A. Cartoons B. Letters to the Editor C. Poetry D. Miscellany Section News vi

7 13. Sidebar PBA News Indexes vii

8

9 PREFACE It has been eleven years since I first published the Index to the Pennsylvania Family Lawyer Volumes 1-18 ( ) and its subsequent three three-year supplements ( , , ) in the Pennsylvania Family Lawyer. This present volume then is an updated version combining all four indexes plus volumes 30 and 31 into one comprehensive index that will be updated annually online. I wish to thank my friend, David Pollock, Esq., Editor in Chief of the Pennsylvania Family Lawyer for these past fifteen years and the multiple colleagues whom I know through the Family Law Section of the Allegheny County Bar Association. In attending their monthly Council meetings, I understand how difficult it is to be a family law practitioner. It is hoped that this work will continue to provide guidance and assistance in finding family law materials necessary for them to conduct their work. I wish to thank the Family Law Section of the Pennsylvania Bar Association for its financial assistance to compile this Index. I look forward to providing annual updates to the Index and hope all practitioners throughout the state will use this Index satisfactorily. Joel Fishman, B.A., M.A., M.L.S., Ph.D. Assistant Director for Lawyer Services Duquesne University Center for Legal Information/ Allegheny County Law Library February 6, 2011 ix

10 PREFACE Periodicals serve an important service to its readership because they provide current information for the reader. As Jack Rounick, first editor of the Pennsylvania Family Lawyer, stated in the first issue: Family Law, the stepchild of the Courts, probably represents the fastest changing area of law before us today. The passage of the Divorce Act of 1980 and its subsequent amendments resulted in major changes in family law, especially in divorce, where for the first time the principle of equitable distribution was introduced to bench and bar of the Commonwealth. Having published the early cases of the Court of Common Pleas of Allegheny County, i.e., Allegheny County Divorce Decisions, I can certainly appreciate Rounick s above-quoted statement. Now twenty years later, the Pennsylvania Family Lawyer has served the members of the practicing bar as an excellent publication. Providing summaries of new court decisions and analytical comments by the editors (Rounick, Bertin, etc.), articles by leading practitioners, and shorter pieces concerning ongoing legislation and other events, the section has received an important tool to keep abreast of recent developments. David Pollock, your esteemed editor, approached me about providing an index the Pennsylvania Family Lawyer. He understood that there was no index of the periodical and that one was needed. As a law librarian I have been working on various bibliographical projects (Bibliography of Pennsylvania Law:Secondary Sources (1993), an Index to Pennsylvania Bar Association Quarterly, in preparation) and thought such a project worthwhile in my attempt to create ongoing bibliographies and resources for the practicing bar and would provide me with additional citations from an important source towards publishing a larger bibliography of Pennsylvania legal periodical literature. David has proved to be an excellent advocate for the Section and has provided great assistance to me in the preparation of this bibliography. He has reviewed the outline of topics, suggested changes in the placement of some notes and articles, though he is not responsible for any errors in the final bibliography. In compiling this work, I have tried to make this bibliography useful to the readership by providing an author, title, and subject listing for the case notes and articles. Titles of the case notes also have citations to all cases reported and these cases are given with complete citations for all cases rather than the original slip opinions. A table of cases provides the volume and specific page reference to the case cited. I wish to thank Jordana Greenfield, student intern from the University of Pittsburgh Legal Studies Department, for her assistance in checking an early draft of a portion of the bibliography. I have reviewed all citations, but any errors are of course my own fault. I hope that this bibliography serves the Section well. David has already expressed his approval of the project by asking me to continue updating the Pennsylvania Family Lawyer on an annual basis and, of course, I agreed. Joel Fishman, B.A., M.A., M.L.S., Ph.D. Asst. Director for Lawyer Services Duquesne University Center for Legal Information/ Allegheny County Law Library Pittsburgh, PA November 14, 2001 x

11 1. FROM THE CHAIR Beck, James L :67-69, 24:95-96, 25:1-2 Behers, Carol A... 30:145-46, ; 31:1-2, 54-55, Blechman, Jay A :49-50, ; 28:1-2 Byrne, Harry M., Jr :61-62, 93-94; 26:1-2 Cognetti, Maria P :37-38, 101-2; 27:1-2 Dischell, Mark B :53-54; 24:1-2, 24:29-31 Doherty, Mary Cushing... 21:69-70; , 22:1-3; Goldsmith, Howard M... 19:49-50, 73-74; 20:1-2, Gruener, Harry J....18(3):1-2, (4):1-2, 19:1-2, Hark, Ned... 29:78-80, ; 30:1-2, Howett, John C., Jr (1):1-2, (2):1-2 Ladov, David...29:1-2, Ladov, David L., From the Immediate Past President :80-81 Mahood, James E :53-54, 85-86; 21:1-3, Pollock, David S....23:1-2, Williams, Jeffrey M... 31:86-87, ; 32:1-2, 65-66, 135 Young, Cheryl L....32:133-34, EDITOR'S COLUMN Bertin, Emanuel A. 9-11:1, 11, 19, 31, 43, 63, 75, 87, 99, 109, 117, 129, 141,153, 169, 181, 193; 12(1):1, 12(2):1, 12(3):1, 12(4):1, 12(5):1, 12(6):1, 13(1):1, 13(2):1, 13(3):1, 13(4):1, 13(5):1, 13(6):1, 14(1):1, 14(2):1, 14(3):1, 14(4):1, 14(5):1, 14(6):1, 15(1):1, 15(2):1, 15(3):1, 16(4):1, 16(5):1, 17(1):1. Fred Cohen: A Tribute Robert I. Whitelaw, 81; Albert Momjian, 82; Mark B. Dischell, 82-83; Mary Cushing Doherty, 83; Joel Bernbaum, 83; Michael E. Fingerman, 84; Jack A. Rounick, 84; Steven S. Hurvitz, 84; Bob Matthews, 84; Michael Shatto, Mallory, Marcy C. Eulogy for a Friend [Angie Orndorff] : Pollock, David S (1):2, (2):2-3, 17,(3):2-3; (4):2-3; 19:2-3, 27-28, 51-52, 74-75; 20:2-3; 34-35, 55-56, 86-87; 21:3-4; 34; 70-71; , 22:3, 32-33, 57-58; 23:1-2, 29-32, 54-55; 24:2-3, 31, 69, 96-97, 25:3, 62-63, 94-95; 26:2-3, 39, 103-4; 27:2-3, 50-51, ; 28:2, 49, 94-95; 29:2-3, 47, 80 [Fred Cohen], ; 30:2-3, 74-75, , 202-3; 31:3-4, 54-55, 88, ; 32:3-4, 67, 136, 187. Rounick, Jack...1, 13, 21, 33, 45, 61, 77, 89, 97, 113, 129, 137, 153, , 189, 201, 213, 233,245, 261, 277, 289, 301, 313, 333, 345, 357, 373, 388, 404, 416, 428, 440, 452, 464, 480, 492, 504, 502 [i.e., 515], 527, 539, 551, 563, 575, 587, 599, 611, 623, 635, 647, 659 1

12 3. CASE DIGESTS Ladov, David L, Editor. Case Notes :4-10, 35-42, 71-78, ; 22:3-11, 33-38, 59-65; 23:2-15, 32-39, 55-62; 24:3-13, 32-40, , 25:4-13, 63-78, ; 26:4-11, 40-49, ; 27:3-12 Ladov, David L., Editor; Lori Shemtob, Co-Editor :51-62, :28:3-16, , 29:3-22,48-55, , 29:123-28; 30:3-11, 76-90, , ; 31:4-20, , ; 32:5-24, 68-82, , A. CASE DIGESTS BY AUTHOR Asher, Aaron P. 19-Year-Old Adult Child With Medical Conditions not Considered Emancipated. [Kotzbauer v. Kotzbauer, 937 A.2d 487 (Pa. Super. 2007)]. 30:5-7. Asher, Aaron P. Gates V. Gates: Alimony Award Linked to Emancipation of Child Improper. [Gates v. Gates, 933 A.2d 102 (Pa. Super. 2007)]. 29: Ashton, Mark R. Frey and Separation: A Principle in Search of a Standard. [Frey v. Frey, 821 A.2d 623 (Pa. Super. 2003)]. 25: Attiani, John P. Once Jurisdiction Attaches, a Court Should Dispose of All Issues and Questions Relating to the Matter Before It. [In Re: I.L.P. and I.L.P., Joint Petition on Assisted Conception Birth Registration; Appeal of: C.-H.L. and T.J.P., G.S. and B.S., 965 A.2d. 251 (Pa. Super. 2009)]. 31: Attiani, John P. Where No Petition to Modify was Filed, the Trial Court Dismissal of the PFA Order was Improper. [Stamus v. Dutcavich, 938 A.2d 1098 (Pa. Super. 2007)]. 30: Auerbach, Julie A. Child Support Obligations Terminates Upon Death. [Benson v. Pastterson, 782 A.2d 553 (Pa. Super. 2001)]. 23: Auerbach, Julie A. and William E. Ehrich. Significance of Retirement Date in Pension Valuation. [DeMarco v. DeMarco, 787 A.2d 1072 (Pa. Super. 2001)]. 24:8-9 Auerbach, Julie. Wife s Business Interest Intended to be Her Asset/ Husband s Business Valuation not Based Upon Intent of Partnership Agreement. [Brody v. Brody, 758 A.2d 1274 (Pa. Super. 2000)]. 23:7-8. Bacine, Stephanie H. Party Prejudice fromintroducing Evidence as a Justifiable Discovery Sanction. [Hein v. Hein, 717 A.2d 1053 (Pa. Super. 1998)]. 21:4-5. Badali, Christian V. Child Support and Paternity by Estoppel. [Barr v. Bartolo, 927 A.2d 635 (Pa. Super. 2007)]. 29: Badali, Christian V. Child Support Where Father was Sperm Donor and Determined to be an Indispensable Party in Mother s Action to Obtain Child Support fromformer Same-Sex Partner. [Jacob v. Shultz-Jacob-Jacob & Frampton, 923 A.2d 473 (Pa. Super. 2007)]. 29: Badali, Christian V. Grandmother Custody not Enough in Dependency Hearing Wheere It is a Sham. [In Re J.C., 5 A.3d 284 (Pa. Super. 2010)]. 32: Barton-Rhea, Kilbreth E. Bankruptcy Discharge of Property Settlement Agreement Equitable Distribution Obligations Confirmed by the State Court. [Hogg v. Hogg, 816 A.2d 314 (Pa Super. 2003)]. 25: Beam, Lesley J. Administrative Error That Resulted in Premature Termination of a Child Support Order May be Corrected Administratively as Well. [Castaldi v. Castaldi-Veloric, 993 A.2d 903 (Pa. Super. 2010)]. 32: Beckert, Susan J. Berrington Held Applicable to Defined Benefit Plan in Immediate Offset Case Early Retirement Incentives Offered Post- 2

13 CASE DIGESTS BY AUTHORS Separation Excluded frommarital Estate. [Gordon v. Gordon, 545 Pa. 391, 681 A.2d 732 (1996)]. 18(4): Behers, Carol A. and Elizabeth Lacy. Homeward Bound: Pennsylvania Supreme Court Sets Stricter Jurisdictional Standards in Custody Cases. [Dincer v. Dincer, 549 Pa. 309, 701 A.2d 210 (1997))]. 20:4-6. Bennington, Elisabeth. Parental Kidnapping Prevention Act Controls Interstate Custody Case. [Skomo v. Skomo, 844 A.2d 1256 (Pa. Super. 2004)]. 26:40-41 Bennington, Elisabeth. Typical Support Case Clarifies Law Regarding Earning Capacity, Employee Perquisites, Bonuses, 401(K) Contributions, Employer Matches, Exemptions and Child Care Expenses. [Portugal v. Portugal, 798 A.2d 246 (Pa. Super. 2002)]. 24: Bernstein, Cindy Trellis. The Presumption of Legitimacy? Its Foundation is Crumbling and Its Substance is Coming Apart. [Brinkley v. King, 549 Pa.241, 701 A.2d 176 (1997)]. 20:6-8. Bertin, Emanuel A. Agreement on Child Support Binding. [Bell v. Bell, 390 Pa. Super. 526, 568 A.2d 1297 (1990)]. 11:133. Bertin, Emanuel A. Custodial Mother Denied Right to Move Child from Pennsylvania. [Lozinak v. Lozinak, 390 Pa. Super. 597, 569 A.2d (1990)]. 11: Bertin, Emanuel A. Estrangement is a Consideration in Awarding College Support. [Milne v. Milne, 383 Pa. Super. 177, 556 A.2d 854 (1989)]. 10: Bertin, Emanuel A. Husband Estopped from Asserting Invalidity of Foreign Divorce Decree. [Lowenschuss v. Lowenschuss, 396 Pa. Super. 531, 579 A.2d 377 (1990)]. 11: Bertin, Emanuel A. Law Partnership Agreement Binding on Court in Divorce Case. [McCabe v. McCabe, 525 Pa. 25, 575 A.2d 85 (1990)]. 11: Bertin, Emanuel A. Marital Funds Cannot be Used to Pay Post-Separation Debts. [Grandovic v. Grandovic, 387 Pa. Super. 617, 564 A.2d 960 (1989)]. 10:121. Bertin, Emanuel A. The Meaning of the 1988 Divorce Code Amendments Clarified. [Woodings v. Woodings, 411 Pa. Super. 406, 601 A.2d 854 (1992)]. 13(1):2. Bertin, Emanuel A. Religious Restriction in Custody Order Struck Down. [Zummo v. Zummo, 394 Pa. Super. 30, 574 A.2d 1130 (1990)]. 11:143. Bertin, Emanuel A. Third Party Standing Clarified in Child Custody Cases. [Gradwell v. Strausser, 416 Pa. Super. 118, 610 A.2d 999 (1992)]. 13(3):2. Bertin, Emanuel A. Trial Court Reversed for Failure to Apply Important Child Custody Procedures. [Cyran v. Cyran, 389 Pa. Super. 128, 566 A.2d 878 (1989)]. 11: Bertin, Michael E. Balicki: Tax Ramifications and Costs in Equitable Distribution. [Balicki v. Balicki, 4 A.3d 654 (Pa. Super. 2010)]. 32: Bertin, Michael E. Best Interest of the Child Paramount in Denial of Interstate Relocation Petition. [Speck v. Spadafore, 895 A.2d. 606 (Pa. Super. 2006)]. 28: Bertin, Michael E. Child Support Modification Retroactive to Date of Misrepresentation. [Krebs v. Krebs, 944 A.2d 768 (Pa. Super. 2008)]. 30: Bertin, Michael E. Child Support: Supplemental Needs Trust Distributions Considered Income. [Mencer v. Ruch, 928 A.2d 294 (Pa. Super. 2007)]. 29: Bertin, Michael E. Court Enforces Rules Regarding In Camera Interviews With Children and Expert Reports. [Ottolini v. Barrett, 954 A.2d 610 (Pa. Super. 2008)]. 30: Bertin, Michael E. Enforcing Mortgage Payment 3

14 CASE DIGESTS BY AUTHORS Provision in Postnuptial Agreement. [Miller v. Miller, 983 A.2d 736 (Pa. Super. 2009)]. 32:7-8. Bertin, Michael E. First Impression: Bifurcation Under the Amended Divorce Code. [Bonawits v. Bonawits, 907 A.2d 611 (Pa. Super. 2006)]. 29: Bertin, Michael E. Non-Biological Grandparents Granted Standing in Child Custody Case. [Peters v. Costello 891 A.2d 705 (Pa. Super. 2005)]. 28: Bertin, Michael, E. PA Child Custody Jurisdiction Lost Despite Parent Remaining in PA. [Billhime v. Billhime, 952 A.2d 1174 (Pa. Super. 2008)]. 31: Bertin, Michael E. Sensitivity is Paramount in Fight Over Child s Remains. [Kulp v. Kulp, 920 A.2d 867 (Pa. Super. 2007)]. 29: Bertin, Michael E. Sexual Assault Alone Does not Establish Standing in Protection from Abuse Cases. [Scott v. Shay, 928 A.2d. 312 (Pa. Super. 2007)]. 29: Bertin, Michael E. Stress but No Duress: Agreement Valid. [Adams v. Adams, 848 A.2d 991 (Pa. Super. 2004)]. 26: Bertin, Michael E. Sunny Florida: Relocation Granted. [Billhime v. Billhime, 869 A.2d 1031 (Pa. Super. 2005)]. 27: Bertin, Michael E. Superior Court Says No to Netherlands Child Relocation Request. [Fuehrer v. Fuehrer, 906 A.2d 1198 (Pa. Super. 2006)]. 29:6-8. Bertin, Michael E. Two Cases on Standing: Case 1: Third Party Asserting Paternity has No Standing in a Partial Custody Case Against an Intact Family Unit. [CW v. LV and GV, 788 A.2d 1002 (Pa. Super. 2001)]; Case: Former Same-Sex Partner has Standing in Partial Custody Case. [T.B. v. L.R.M., 786 A.2d 913 (Pa.2001)]. 24:3-5. Billies, Elizabeth J. Parent s Progress Toward Reunification not Enough to Overcome Petition for Goal Change and Termination. [In the Interest of R.M.G., a Minor; Appeal of: York County Children and Youth Services, 997 A.2d 339 (Pa. Super. 2010)]. 32: Billies, Elizabeth J. Supreme Court Finds That Reasonableness Must be Implied When Determining an Award of Contractual Counsel Fees. [McMullen v. Kutz, 985 A.2d 769 (Pa. 2009)]. 32: Billies, Elizabeth. Voluntary Resignation from Employment Does not Justify Reduction of Alimony Pursuant to Post-Nuptial Agreement. [Williams v. Williams, 108 PDDRR 87 p.321]. 30: Blechman, Jay A. The Presumption of Legitimacy Still Lives. [Cozad v. Amrhein, 714 A.2d 409 (Pa. Super. 1998); Martin v. Martin, 710 A.2d 61 (Pa. Super. 1998)]. 20: Blessing, Maribeth. Supreme Court Differentiates Between Postnuptial and Separation Agreements [Vaccarello v. Vaccarello, 563 Pa. 93, 757 A.2d 909 (2000)]. 23:4-8. Bononi, Michele G. Custody Agreements will not Only be Upheld Where All of the Terms are Known by the Litigants. [Yates v. Yates, 936 A.2d 1191 (Pa. Super 2007)]. 30:9-10. Bononi, Michele G. Paren[t]. Who Already Located has Burden to Show Best Interests Of Children Served by Remaining with That Parent. [Klos v. Klos, 934 A2.d 724 (Pa. Super 2007)]. 29: Bononi, Michele G. Trial Court had Jurisdiction to Enforce Marital Property Settlement Agreement under Divorce Code Where Agreement had not been Merged or Incorporated into Final Divorce Decree. [Annechino v. Joire, 946 A.2d 121 (Pa. Super. 2008)]. 30: Boyd, Melissa M. Equal Amenities at Both Parents Houses not the Standard for Child Support in High Income Cases in Pennsylvania. [Rich v. Rich, 967 A.2d 400 (Pa. Super. 2009)]. 31:

15 CASE DIGESTS BY AUTHORS Brandt, Jennifer A. Emancipated Child May Intervene in Enforcement Proceedings to Litigate and Receive Retroactive Child Support. [Chen v. Chen, 840 A.2d 355 (Pa. Super. 2003)]. 26:5-6. Brandt, Jennifer A. Interlocutory Order for APL/Spousal Support is Unappealable Within 30 Days of the Entry of the Final Decree in Divorce or Annulment. [Costlow v. Costlow, 914 A.2d 440 (Pa. Super. 2006)]. 29: Bravacos, Linda K. Workers Compensation Commutation Award is Marital Property. Status of Disability Pensions Called Into Question. [Drake v. Drake, 555 Pa. 481, 725 A.2d 717 (1999)]. 21: Brennan, Patricia T. Courts May Attach Pension as Contempt Sanction. [Richardson v. Richardson, 774 A.2d 1267 (Pa. Super. 2001)]. 23: Bunde, Robb B. Supreme Court Allows Legal Malpractice Claim Where Settlement was Entered in Divorce. [McMahon v. Shea, 547 Pa. 124, 688 A.2d 1179 (1997)]. 19: Bunde, Robb D. Voluntary Retirement at Age 52 to Take Pension Warranted Imposition of an Earning Capacity for Child Support Purposes. [Smedley v. Lowman, 2 A.3d 1226 (Pa. Super. 2010). 32: Burchik, Mary H. Superior Court Affirms Trial Court s Dismissal of Father s Petition for Modification of Child Support. [McClain v. McClain, 872 A.2d 856 (Pa. Super. 2005)]. 27: Burkett, Loreen M. Business Valuation Increase in Value of Nonmarital Asset Are We Comparing Apples to Oranges? [(Haentjens v. Haentjens, 860 A.2d 1056 (2004)]. 27: Burkett, Loreen M. A Disability Pension or District Disability Portion of a Pension is a Nonmarital Asset and not Subject to Equitable Distribution. [Cioffi v. Cioffi, 885 A.2d 45 (Pa. Super. 2005)]. 28:5-7. Burkett, Loreen M. Paternity by Estoppel not Recognized to Establish Maternity. [Bahl v. Lambert Farms, Inc., 819 A.2d 534 (Pa. 2003)]. 25: Burkett, Loreen M. Pennsylvania Supreme Court Establishes the No Justification Rule to Preclude Incarcerated Parent frommodifying or Terminating Child Support Based Upon Modification of Child Support. [Yerkes v. Yerkes, 824 A.2d 1169 (Pa. 2003)]. 26:4-5. Byrne, Harry M. Jr. Court Decides Shared Legal Custody / Religious Dispute. [Shepp v. Shepp, 821 A.2d 635 (Pa. Super. 2003)]. 25: Cantor, Debra Denison. Pa. Courts Empowered to Allocate Dependency Exemptions. [Miller v. Miller, 744 A.2d 778 (Pa. Super. 1999)]. 22:3-5. Cappella, Kerri Lee. Till Death do Us Part? Grounds for Divorce Must be Established to Avoid the Abatement of a Divorce Action: 23 Pa.C.S.A. 3323(d.1). [Gerow v. Gerow, 962 A.2d 1206 (Pa. Super. 2008)]. 31: Cappella, Kerri Lee. Two Wrongs did not Make It Right: Defects on the Face of the Record 23 Pa.C.S.A [Bingaman, Jr. v. Bingaman 980 A.2d 155 (Pa. Super. 2009)]. 31: Cardozo, Cathy M. Award of Primary Custody to Non-biological Mother of Former Lesbian Couple. [Jones v. Jones, 884 A.2d 915 (Pa. Super. 2005)]. 28:7-8. Carlson, Kathryn G. The Presumption of Paternity Lives. [Strauser v. Stahr, 556 Pa. 83, 726 A.2d 1052 (1999)]. 21: Cepparulo, Elizabeth H. Gruber Test not Controlling Where Children Relocated Pursuant To Earlier Order. [R.M.G., Jr. v. F.M.G., 986 A.2d 1234 (Pa. Super. 2009)]. 32: Cillo, Julie M. Prenuptial Agreements: The Simeone Standard and Beyond. [Porreco v Porreco, 811 A.2d 566 (Pa. 2002)]. 25:5-7. Clifford, Daniel J. Cornbleth Exceptions. [McClain v. McClain, 693 A.2d 1355 (Pa. Super. 5

16 CASE DIGESTS BY AUTHORS 1997)]. 19: Clifford, Daniel J. Earning Capacity vs. Earning History: If a Party has been a Farmer for Ten Years; He is a Farmer. [Dennis v. Whitney, 844 A.2d 1267 (Pa. Super. 2004)]. 26: Clifford, Daniel J. Second Parent Adoption: Supreme Court puts end to Absurdity. [In Re: Adoption of R.B.F. and R.C.F., Appeal of B.A.F. and C.H.F. (Lancaster County), 803 A.2d 1195 (Pa. 2002), In Re: Adoption of C.C.G. and Z.C.G., Appeal of J.C.G and J.J.G. (Erie County), 803 A.2d 1195 (Pa. 2002)]. 24: Cognetti, Maria P. Post-Separation Retirement Benefits After Berrington. [Brown v. Brown, 447 Pa. Super. 424, 669 A.2d 969 (1995)]. 18(2): Conmy, Joanna K. Child Support Calculations: Ongoing Private School Tuition Contributions are in; One-Time Stock Options, Payments Toward Perks and Withdrawal Penalties on Employer Contributions to 401(k) Plans are Out,. [Murphy v. McDermott, 979 A.2d 373 (Pa. Super. 2009)]. 31: Conmy, Joanna K. A Thin Line Distinguishing Billhime: What Constitutes Enough Evidence to Establish a Child s Significant Connection with Pennsylvania to Maintain Jurisdiction Over a Custody Matter? [Rennie v. Rosenthol, 995 A.2d 1217 (Pa. Super. 2010)]. 32: Cooper, Karl D. The Presumption of Paternity and the Doctrine of Paternity by Estoppel Revisited. [Hamilton v. Hamilton, 795 A.2d 403 (Pa. Super. 2002), T.L.F. v. D.W.T., 796 A.2d 358 (Pa. Super. 2002)]. 24: Cusick, Charles S. Jr. Neither IVF, Nor a Preconception Oral Agreement Nor the Mother s Intentional Deception Bars a Sperm Donor s Adjudication as the Child s Legal Father Obligated to Pay Child Support. [Ferguson v. McKiernan, 855 A.2d 121 (Pa Super. 2004)]. 26: Daley, Kathleen Carey. Presumption of Paternity Rebutted and Paternity by Estoppel Inapplicable. [Green v. Good, 704 A.2d 682 (Pa. Super. 1998)]. 20: Davis, Sandra E. Full-Time Job in Support Cases. [Haselrig v. Haselrig, 840 A.2d 338 (Pa. Super. 2003)]. 26:8-9. Davis, Sandra E. Mortgage Adjustment in Child Support Case After Decree in Divorce. [Isralsky v. Isralsky, 824 A.2d 1178 (Pa Super. 2003)]. 25: Davis Anderson, Liane. Appellant s Failure to Comply With Trial Court s Order to Furnish A 1925(b) Statement of Matters Complained of on Appeal in a Timely Manner While Also Violating the New Procedural Rules Outlined in 1925(a)(2)(i) Constitutes a Waiver of Objections to the Lower Court s Order. [J.P. v. S.P., 991 A.2d 904 (Pa. Super. 2010)]. 32: Dawson, Michelle S. Failure to State Issues in Statement of Matters Complained of On Appeal Constitutes Waiver of Issues First Raised by Appellant in Superior Court Brief. [Kelly v. Mueller, 912 A.2d 202 (Pa. Super. 2006)]. 29: DeMatteo, Christina M. The Application of the Doctrine of In Custodia Legis to Protect Marital Property fromtax Sale During the Pendency of Equitable Distribution. [City of Easton v. Marra, 862 A.2d 170 (Pa. Commw. 2004)]. 27:8-9. DeMatteo, Christina M. Dependency by Omission: Trial Court s Finding That a Child is Without Proper Parental Care Supports an Adjudication of Dependency. [In Re: R.P., 2008 Pa. Super. 196 (August 21, 2008), 957 A.2d 1205 (Pa. Super. 2008)]. 30: Dobbins, Susan N. Shared Custody Order Vacated for Infant. [Wiseman v. Wall, 718 A.2d 844 (Pa. Super. 1998)]. 21:6-8. Draganosky, David J. Getting Sirious.[Sirio v. Sirio, 951 A.2d 1188 (Pa. Super. 2008)]. 30:

17 CASE DIGESTS BY AUTHORS Draganosky, David J. Pa. Supreme Court Creates a Per Se Rule for the Expungement of Certain Protection from Abuse Records.[Carlacci v. Mazaleski, 798 A.2d 186 (Pa. 2002)]. 24: Draganosky, David J. The Parenting Coordinator Cometh. [Yates v. Yates, 963 A.2d 535 (Pa. Super. 2008)]. 31: Draganosky, David J. Ruling frompa Superior Court Determines When Stock Options Constitute Marital Property. [MacAleer v. MacAleer, 725 A.2d 829 (Pa. Super. 1999)]. 21: Faigenbaum, Bernard D. Superior Court Grants Standing to a Lesbian Partner to Seek Partial Custody. [J.A.L. v. E.P.H., 453 Pa. Super. 78, 682 A.2d 1314 (1996)]. 18(4):3-6. Famous, Natalie. Courts may not Divide Social Security Benefits in Support. [Silver v. Pinskey, not reported in A.2d, 2008 WL (Pa. Super. April 4, 2008), rearg. En banc granted May 30, 2008]. 30: Farabaugh, Erin. Mass Media Expert not an Expert to Make Physical and Psychological Conclusions from Frequent Visits to Pornography Internet Sites. [A.J.B. v. M.P.B., 945 A.2d 744 (Pa. Super. 2008)]. 30: Feinman, Sarinia M. Pennsylvania s Beneficiary Re-Designation Statute Does ERISA Preempt? [In Re Estate of Paul J. Sauers, III, 971 A.2d 1265 (Pa. Super. 2009)]. 31: Fineman, Elizabeth J. Equitable Defense to Equitable Distribution Rental Credit Claim. [Lee v. Lee, 978 A.2d 380 (Pa. Super. 2009)]. 31: Fisher, Lise A. Two Agreements Two Enforcement Cases One Success-One Failure. [Thomson v. Rose, 698 A.2d 1321 (Pa. Super. 1997); Gaster v. Gaster, 703 A.2d 513 (1997)]. 19: Fleming, Linda Rovder. Prospective Adoptive Parents did not have Standing to Intervene in Custody Case. [B.A. and A.A. v. E.E. v., D. and C., 559 Pa. 545, 741 A.2d 1227 (1999)]. 22:8-11. Freeman, Julie K. Bifurcation of Divorce Upheld Trial Court Properly Engaged in a Systematic and On-The-Record Inquiry at Hearing. [Savage v. Savage, 736 A.2d 633 (Pa. Super. 1999)]. 21: Friedlander, Gary J. Early Retirement Incentive Benefits. [Meyer v. Meyer, 561 Pa. 225, 749 A.2d 917 (2000)]. 22: Friedlander, Gary J. PostNuptial Agreement Subject to Simeone Requirements. [Mormello v. Mormello, 452 Pa. Super. 590, 682 A.2d 824 (1996)]. 19:6-8. Fuehrer, J. Alan. Superior Court Applies Specific Harm Standard to Prevent Mother s Request to Baptize Child. [Hicks v. Hicks, 868 A.2d 1245 (Pa. Super. 2005)]. 27: Funge, Ann M. Grandparent Visitation Statute Regarding Children of Separated or Divorced Parents is Constitutional, Does not Violate Equal Protection Rights. [Schmehl v. Schmehl, 927 A. 2d 183 (Pa. 2007)]. 29: Funge, Ann M. Superior Court Affirms Decision to Decline Jurisdiction Under UCCJEA After Full Custody Hearing Where One Parent Remains in Jurisdiction and Underlying Custody Order Ostensibly Retains Jurisdiction. [A.D. v. M.A.B., 989 A.2d 32 (Pa. Super. 2010)]. 32: Funge, Ann M. Superior Court Recognizes Precedential Power of Commonwealth Court s Abolition of Common Law Marriage and Limit Its Prospective Application to Common Law Marriages Entered After September 13, [Stackhouse v. Stackhouse, 862 A.2d 102 (Pa. Super. 2004)]. 27:9-10. Funge, Ann M. Superior Court Rules No Due Process Violation in a Paternity Matter Where an Acknowledged Father did not Receive Notice Nor a Timely Hearing When Mother Filed for Child Support Against a Third Party. [Wieland v. Wieland, 948 A.2d 863 (Pa. Super. 2008)]. 30:

18 CASE DIGESTS BY AUTHORS Funge, Ann M. Superior Court Rules That Relevant Valuation Date for Closely-Held Business Interest Controlled Exclusively by One Party Post-Separation is Date of Distribution. [Smith v. Smith, 904 A.2d 15 (Pa. Super. 2006)]. 28: Funge, Ann M. Unauthorized Appeal Results in Ruling that Parent with De Jure, But not De Facto, Custody has Standing to Seek Child Support. [Seder v. Seder, 841 A.2d 1074 (Pa. Super. 2004)]. 26:9-11. Gale, Christine. Marriage Settlement Agreement Upheld When Spouse of Business Owner Fully Engaged in Couple s Financial Affairs and Involved in Business. [Paroly v. Paroly, 876 A.2d 1061 (Pa. Super. 2005)]. 27: Gale, Christine. Reasonable Counsel Fees Awarded as a Sanction for Fraudulent Concealment of Income in a Child Support Proceeding Should be Awarded in Full. [Krebs v. Krebs, 975 A.2d 1178 (Pa. Super. 2009)]. 31: Gale, Christine. Seizing of Personal Settlement Proceeds Permitted for Child Support Enforcement. [Campbell v. Walker; Appeal of: Department of Public Welfare, 982 A.2d 1013 (Pa. Super. 2009)]. 32:5-7. Gale, Christine. Strict Adherence is Required Concerning Venue in the Issue of Divorce Decrees. [Danz v. Danz, 947 A.2d 750 (Pa. Super. 2008)]. 30: Galzerano, Mark R. Home State Jurisdiction in Custody Cases and Test of Significant Connections. [Zimbicki v. Zimbicki, 810 A.2d 168 (Pa. Super. 2002)]. 25:7-8. Ganz, Julie E. Minor s Brother Granted Custody Not Father When Mother Died. [Chambers v. Chambers, 105 PDDRR 69 (Bucks County, 2005)]. 27: Gavlick, Jean Gilroy. Superior Court Finds Condonation is an Adequate Defense to Adultery as it Precludes Spousal Support. [Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. 2000)]. 23:9-10. Gibbons, Maria Etzrodt. Pre-Retirement Military Voluntary Separation Pay not Subject to Property Settlement Agreement Division of Retirement Pay. [Horner v. Horner, 560 Pa. 559, 747 A.2d 337 (1997)]. 20: Gill, Maris J.W. Pre-Separation Voluntary Reduction of Income Unpersuasive Prior Earning Capacity Prevails. [Neil v. Neil, 731 A.2d 156 (Pa. Super. 1999)]. 21: Grossman, Rochelle. Equitable Distribution/ Validity of Waiver in Agreement. [Holz v. Holz, 850 A.2d 751 (Pa. Super. 2004)]. 26: Grossman, Rochelle B. Retroactivity of APL and Child Support Orders Prior to Filing is Gaining Momentum: Standard of Review on Appeal Heightening. [Simmons v. Simmons, 723 A.2d 221 (Pa. Super. 1998)]. 21: Grossman, Rochelle B. Spousal Support Order Entered During Pending Divorce Case Unappealable. [Leister v. Lesiter, 453 Pa. Super. 576, 684 A.2d 192 (1996)]. 19:3-5. Grossman, Rochelle B. Spousal Support Shall be Based Upon Reasonable Needs in High Income Cases, not Guideline Formula. [Mascaro v, Mascaro, 764 A.2d 1085 (Pa. Super. 2000)]. 23: Grunfeld, David I. ERISA Trumps State Law. [Egelhoff v. Egelhoff, 532 U.S. 141, 149 L.Ed.2d 264, 121 S. Ct (2001)]. 23: Grunfeld, David I. Failure to Inform Employer RE: Divorce Subjects Employee to Liability for Post-Divorce Health Benefits Paid When No Health Insurance Premiums Paid. [Trustees of the AFTRA Health Fund v. Biondi, 303 F.2d 765 (7 th Cir. 2002)]. 24:106. Grunfeld, David I. Non-Debtor Spouse s Unliquidated E. D. Claim Discharged in Spouse s Bankruptcy. [Schorr v. Schorr, 299 B.R. 97, (Bankr. W.D. Pa., 2003)]. 25:

19 CASE DIGESTS BY AUTHORS Grunfeld, David I. Prevailing Party in Contract Enforcement Case not Entitled to Attorney s Fees Upon Settlement. [Profit Wize Marketing v. Weist, 812 A.2d 1270 (Pa. Super. 2002)]. 25:8-9. Grunfeld, David I. Subsequent Mortgage Takes Priority Over Unrevived Equitable Distribution Judgment. [Mid-State Bank & Trust Co. v. Globalnet International, Inc., 557 Pa. 555, 735 A.2d 79 (1999)]. 21: Henning, Teri L. Grandparents have Automatic Standing to Bring Custody Actions. [R.M. v. Baxter ex rel T.M., 565 Pa. 619, 777 A.2d 446 (2001)]. 23: Hodge, Mindi J. and Randi J. Silverman. Terms of Settlement Agreement Override Case Law Regarding Pension Valuation Date. [Bianchi v. Bianchi, 859 A.2d 511 (Pa. Super. 2004)]. 26: Hoffman, Jonathan T. Social Security Derivative Benefits can be Subject to Legal Process Under 42 U.S.C.A [Silver v. Pinskey, 981 A.2d 284 (Pa. Super. 2009)]. 32: Holst, Darren J. Evidence Sufficient for Protection fromabuse Order Despite Absence of Physical Injury. [Mescanti v. Mescanti, 956 A.2d 1017 (Pa. Super. 2008)]. 30: Holst, Darren J. Post-Separation Act 9 Enhancements to Marital State Employee Retirement System Benefits Found not to Constitute Marital Property Under new Section 3501(c)(1) of the Divorce Code. [Smith v. Smith, 881 A.2d 855 (Pa. Super. 2005)]. 28:3-5. Holst, Darren J. Procedural Due Process Rights Cannot Succumb to the Equitable Aims of the Divorce Code. [Mayer v. Garman, 590 Pa. 268, 912 A.2d 762 ( 2006)]. 28: Holst, Darren J. Satisfaction of Proven Reasonable Needs, not Equalization of Income, Is Polestar for Determining Monthly Alimony Amount. [Dalrymple v. Kilishek, 920 A.2d 1275 (Pa. Super. 2006)]. 29: Holst, Darren J. Self-Created Economic Hardship Sabotages Colonna Support Deviation Request. [Saunders v. Saunders, 908 A.2d 356 (Pa. Super. 2006)]. 29:3-5. Holst, Darren J. Value of Employee Benefits Package and Undistributed Annuity Interest Must be Included as Income Available for Child Support Purposes. [Arbet v. Arbet, 803 A.2d 34 (Pa. Super. 2004)]. 27:4-7. Horoho, Kenneth J., Jr. Supreme Court Declares that Standing in Child Support Cases Determined by Custody Order? Legislature Responds with De Facto Custody Statute. [Larson v. Diveglia, 549 Pa. 118, 700 A.2d 931 (1997)]. 20:8-9. Humphrey, Kristen M. Pennsylvania Court Lacked Subject Matter Jurisdiction to Terminate Parental Rights When Parent Still Resided in State that Issued Custody Order. [In re: Adoption of N.M.B. 564 Pa. 117, 764 A.2d 1042 (2000)]. 23:2-4. Hurvitz, Steven S. APL Included in Antenuptial Waiver of Alimony or Support. [Musko v. Musko, 697 A.2d 255 (Pa. Super. 1997)]. 19: Jablon, Stephanie L. Death Prevents Entry of Posthumous Divorce Decree Even Though Equitable Distribution Proceeds. [Yelenic v. Clark, 922 A.2d 935 (Pa. Super. 2007)]. 29: Keenan, James G. Testamentary Appointment of a Guardian for a Minor Child is Controlling and not Merely Directory. [In re: Slaughter, 738 A.2d 1013 (Pa. Super. 1999)]. 22:5-7. Kerns, Linda A. Explanatory Comments to Revised Rule (f) Prevent Arrears to be Remitted During Obligor s Incarceration. [Nash v. Herbster, 932 A.2d 183 (Pa. Super. 2007)]. 29: Kleiman, Michael L. Gruber Factors Applied to Intrastate Custody Relocation Case. [Perrott v. Perrott, 713 A.2d 666 (Pa. Super. 1998)]. 20: Komar, Candice L. Gruber Factors are Only a Part of a Best Interest Analysis When Court Makes 9

20 CASE DIGESTS BY AUTHORS Initial Custody Determination in a Relocation Situation. [Hurley v. Hurley, 754 A.2d 1283 (Pa. Super. 2000)]. 22: Krentzman, Cheryl B. Superior Court Reaffirms Trial Court s Discretion to Apply Gruber to Intrastate Relocations, Reject the Recommendation of a Custody Evaluator, and Increase the Custodial Time of the Non- Petitioning Parent. [Masser v. Miller, 909 A.2d 846 (Pa. Super. 2006)]. 29: Krentzman, Cheryl B. Termination of Child Support Order Pursuant to Rule. [1]910.19(e) Does not Automatically Bar a Later Claim for Post-Majority Support. [Style v. Shaub, 955 A.2d 403 (Pa. Super. 2008)]. 30: Krentzman, Cheryl B. Trial Court did not Improperly Modify Custody Order in Contempt Proceeding by Failing to Impose Sanction of Return of Child to Jurisdiction, but Failure to Impose any Sanctions for Contempt and Pronouncement Regarding Future Jurisdiction Constituted Errors. [Harcar v. Harcar, 982 A.2d 1230 (Pa. Super. 2009)] 32:9-12. Ladov, David L. Buy/Sell Provisions of Shareholders' Agreement not Binding on Valuation in Terms of Agreement do not Actually Reflect Current Value. [Butler v. Butler, 541 Pa. 364, 663 A.2d 148 (1995)]. 18(1):7, Ladov, David L. Guidelines Deviation in Support Cases Must be Substantiated. [Anzalone v. Anzalone, 449 Pa. Super. 201, 673 A.2d 377 (1996)]. 18(3):3-5. Ladov, David L. Post-Separation Increases in Value of Nonmarital Assets: The Line Grows Brighter. [Litmans v. Litmans, 449 Pa. Super. 209, 673 A.2d 382 (1996)]. 18(3):7-8. Ladov, David L. Postseparation Interest and Dividends Earned on Nonmarital Bequest is not in Marital Pot. [Ling v. Ling, 442 Pa. Super. 106, 659 A.2d 805 (1995)]. 18(1):7. Ladov, David L. Prenuptial Agreement: Express Waiver of Alimony or Support does not Constitute Waiver of Alimony Pendente Lite. [Musko v. Musko, 447 Pa. Super. 150, 668 A.2d 561 (1995)]. 18(1):20. Ladov, David L. Relocation: Gruber is Alive and Well. [Gancas v. Schultz, 453 Pa. Super. 324, 683 A.2d 1207 (1996)]. 19:8-10. Ladov, David L. Superior Court Declares No Retroactive Credit for Child Support on Behalf of Emancipated Minor. [Holcomb v. Holcomb, 448 Pa. Super. 154, 670 A.2d 1155 (1996)]. 18(3):5-6. Ladov, David L. Third Parties may be on Equal Footing, But do They Have Equal Standing? [In Re: G.C., 449 Pa. Super. 258, 673 A.2d 932 (1996)]. 18(3):8-11. Ladov, David L. Third Parties Now on Equal Footing in Custody Cases Supreme Court Apparently Overrules Presumption in Favor of Parents. [Rowles v. Rowles, 542 Pa. Super. 443, 668 A.2d. 126 (1995)]. 18(1):6-7. Laffey-Ferry, Marion. When Local Court s Reasoning is not Evident from Record Failure to File Rule 1925(a) Opinion Caused Reversal and Remand. [Bold v. Bold, 939 A.2d 892 (Pa. Super. 2007)]. 30:3-5. LeComte, Samatha R. In Loco Parentis Required for Standing in Custody Cases. [Argenio v. Fenton, 703 A.2d 1042 (Pa. Super. 1998)]. 20: Levin, Ann V. Presumption of Paternity and Doctrine of Estoppel Explained. [Fish v. Behers, 559 Pa. 523, 741 A.2d 721 (1999)]. 22:7-8. Levine, Scott L.Temporary Institutionalization does not Constitute Permanent Challenge in Circumstances. [R.C. v. J.S., 957 A.2d 759 (Pa. Super. 2008)]. 30: Liechty, Linda C. Trial Court's Inadvertent Delayed Filing of Reconsidered Equitable Distribution Order Causes Appeal to Fail. [Weinzetl v. Weinzetl, 452 Pa. Super. 271, 681 A.2d 813 (1996)]. 19:

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