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Law in the Family

Law in the Family

By Pennsylvania Bar Association

Law in the Family is a production of the Pennsylvania Bar Association Family Law Section, providing insights for lawyers about the practice of family law in Pennsylvania. The information shared is for general purposes only. Nothing in this podcast should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship. The opinions expressed are those of the hosts & guests, and don't necessarily represent those of the PBA. Hosts: Aaron D. Weems and Anthony M. Hoover.
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Episode 30 - Lamps Don’t Play Fetch: Re-examining the “Pet Case” of DeSanctis v. Pritchard | Mark Momjian

Law in the FamilyMay 11, 2023

00:00
24:58
Episode 30 - Lamps Don’t Play Fetch: Re-examining the “Pet Case” of DeSanctis v. Pritchard | Mark Momjian
May 11, 202324:58
Episode 29 - Preview of the PA Appellate Court Judicial Races | Aleeza Furman

Episode 29 - Preview of the PA Appellate Court Judicial Races | Aleeza Furman

Aleeza Furman, a Philadelphia-based reporter covering litigation and courts for ALM Media LLC⁠, discusses the candidates for Pennsylvania’s appellate court judicial races.


Follow Aleeza on LinkedIn and Twitter, and view her articles on Law.com.

*audio editing, voice over & music by ⁠Nick DeMatteo

Apr 27, 202327:50
Episode 28 - Contract Parentage Debate Goes to the Superior Court | Helen Casale
Apr 13, 202320:43
Episode 27 - The Legal Implications of Artificial Intelligence: A Lawyer’s Perspective | Mark McCreary
Mar 30, 202327:36
Episode 26 - Managing A Difficult Party Starts with You | Christina Carson-Sacco
Mar 16, 202328:19
Episode 25 - Cousins-in-Law: The Arm’s Length Relationship Between Estate Litigation and Family Law | Mary Kay Kelm

Episode 25 - Cousins-in-Law: The Arm’s Length Relationship Between Estate Litigation and Family Law | Mary Kay Kelm

Seasoned estate attorney Mary Kay Kelm joins us to discuss the common cross-over of issues between estate litigation and family law and what concepts family law attorneys needs to be aware of for their clients.


Mary Kay Kelm practices with Kilcoyne & Kelm, LLC in Montgomeryville, Pennsylvania. She concentrates her practice in civil litigation, zoning, and estate planning & administration. Ms. Kelm also forms small businesses and provides ongoing counsel in corporate matters.

Ms. Kelm is a proud graduate of St. Joseph's University, Philadelphia, Pennsylvania and is a past President of the St. Joseph’s Law Alumni. She is a graduate of the Villanova University Charles Widger School of Law where she served on the Law Review and represented the school in a national moot court competition. She volunteers as an alumni judge for Villanova’s Moot Court program every year.

Ms. Kelm is the current Solicitor to the Montgomery Township Zoning Hearing Board and has served as a Montgomery Township volunteer in various capacities for many years. She is a former civics instructor in the Montgomery Township schools, and a former PA Bar Association mock trial coach for Gwynedd Mercy Academy High School.

Ms. Kelm considers herself fortunate to be a thirty-year member of the Montgomery Bar Association and currently serves on its Board of Directors. She also serves as a member of the Pennsylvania Bar Association’s House of Delegates.

Kilcoyne & Kelm, LLC » Mary Kay Kelm (kelmlaw.com)


*audio editing, voice over & music by Nick DeMatteo

Mar 02, 202324:10
Episode 24 - The Con Law and Family Law Crossroads: Where the Theoretical and Practical Collide | Randy Lee & Elizabeth Billies

Episode 24 - The Con Law and Family Law Crossroads: Where the Theoretical and Practical Collide | Randy Lee & Elizabeth Billies

If you’re a family law attorney, you may not realize you are applying principles of constitutional law all the time. I speak with family law attorney Elizabeth Billies and constitutional law Professor Randy Lee about just that, as they prepare for their panel at the PBA Family Law Section Meeting in Hershey over the January 13th weekend, where they will examine the recent Dobbs decision and other family law/constitutional law crossover issues.


Randy Lee teaches constitutional law, professional responsibility, torts and various writing and advocacy courses. Professor Lee has taught previously at the Villanova and University of Pittsburgh Law Schools and in the Harvard University Summer Program. The moot court teams Professor Lee has co-coached with Professor Kearney have advanced to the National Appellate Advocacy Championship three times, and their 1993 team was recognized for the third best brief in the nation. Professor Lee is a frequent speaker for the Pennsylvania Bar Institute and has also done programs for the Pennsylvania Office of General Counsel, the Pennsylvania Attorney General’s Office, and the Pennsylvania House of Representatives.

Elizabeth Billies is a Partner at Dischell, Bartle & Dooley, PC, in Lansdale, PA, and concentrates her practice in all aspects of family law. Prior to her current position, she was law clerk for the Honorable Susan Devlin Scott of the Bucks County Court of Common Pleas, the former President Judge and Administrative Judge of Family Court. She has contributed articles to the Pennsylvania Family Lawyer and has presented on various family law topics at the Pennsylvania Bar Association, PBI as well as on family law related podcasts and webinars. You can also find her writings on her blog, The Divorce Lawyer Life. Ms. Billies received her B.A. from University of Wisconsin-Madison and her J.D. from Villanova University School of Law.


*audio editing, voice over & music by Nick DeMatteo

Jan 12, 202333:21
Episode 23 - NIL Deals and High School Athletes: A Philadelphia Councilmember Seeks Structure to Aid High Schoolers | Isaiah Thomas

Episode 23 - NIL Deals and High School Athletes: A Philadelphia Councilmember Seeks Structure to Aid High Schoolers | Isaiah Thomas

NIL deals are still making waves in high school sports, but a Philadelphia councilmember is already looking to support high school students who have NIL opportunities, to help them avoid pitfalls and predatory financial behavior. Councilmemeber Isaiah Thomas speaks about his efforts and why attorneys should be paying attention to this issue.


Councilmember Isaiah Thomas has put the success of young people at the forefront of his work. Whether in the classroom, on the basketball court, or in City Hall - he believes that education, opportunity and coalition building is the way to make a Philadelphia that works for all of us.

Councilmember Thomas has non-profit, government and private sector experience which allows him to hear multiple sides of an issue and receive input from a variety of stakeholders. He has helped young people get the best possible education, provided out-of-school time (OST) programming, strengthened communities of color and worked to improve civic education across the city.

In his freshman year on Council, Councilmember Thomas was named Chair of the Streets Committee and Vice Chair of the Children and Youth Committee. He also sits on the Appropriations, Disabled and Persons with Special Needs, Education, Creative Economy, Legislative Oversight, Parks and Recreation, Public Health, Public Safety, and Technology Committees.

A proud graduate of Philadelphia public schools, Councilmember Thomas has a Bachelor of Arts from Penn State and a Master of Education from Lincoln University, the oldest degree-granting historically Black college in the nation. He still actively coaches basketball at Sankofa Freedom Academy and is President of the Coaches Association. Thomas lives in Oak Lane with his wife Klissa and their sons, Isaiah Jr. and Isaac.


*audio editing, voice over & music by Nick DeMatteo

Dec 15, 202216:59
Episode 22 - Technology and Pro Bono Appeals: An Allegheny Co. Pilot Program Aims to Bring Greater Access to Pro Se Custody Appeals | Katherine Norton and Morgan Grey

Episode 22 - Technology and Pro Bono Appeals: An Allegheny Co. Pilot Program Aims to Bring Greater Access to Pro Se Custody Appeals | Katherine Norton and Morgan Grey

Katherine Norton and Morgan Grey of Duquesne University’s School of Law are leveraging their experience in the law and artificial intelligence/machine learning to create a program that allows pro se custody litigants to bring better crafted custody appeals to the Superior Court. This program hopes to be an example of how technology can serve the dual purpose of giving access to justice for pro se litigants, while also providing pro bono counsel an effective intake and preparation program that will allow them to maximize their time and expertise when accepting a custody appeal.


Katherine L.W. Norton, is an assistant professor and director of clinical and international programs at the Thomas R. Kline School of Law of Duquesne University. Within the clinical legal education program, she teaches and acts as the supervising attorney for the Family Law Clinic. The Family Law Clinic provides limited legal services to low-income individuals needing assistance in the areas of child custody, divorce, family support, and domestic violence. Norton focuses her research on issues relating to access to justice and the role that technology and artificial intelligence have in this arena. Most recently Norton received an American Bar Endowment Grant for the project, Utilizing Technology to Enhance Access to Custody Appeals. This research will result in the development of an online tool to assist low-income individuals access the custody appellate process.

Morgan A. Gray is an Adjunct Professor of Law at the Thomas R. Kline School of Law of Duquesne University, where he teaches programming for lawyers. He is also a Doctorate Student in the University of Pittsburgh’s Intelligent Systems Program.  His main area of research is Legal Text Analytics, which focuses on using Machine Learning and Natural Language Processing to analyze and learn information from legal text.  Aside from this, his research interests include access to justice.  In this vein, he is currently researching the development of a tool to increase access justice for low-income individuals with respect to custody appeals. This research has been enabled by the American Bar Endowment Grant for Utilizing Technology to Enhance Access to Custody Appeals.


*audio editing, voice over & music by Nick DeMatteo

Dec 01, 202231:34
 Episode 21 - Assisted Reproductive Methods and the Law | Elizabeth Vaysman
Nov 10, 202223:05
 Episode 20 - The Secrets of Our Family Wizard: Exploring the Known and Unknown Functionality of OFW | Michelle "Elle" Barr
Oct 20, 202218:45
Episode 19 - Protections From Abuse: When a Civil Action Results in Years in Prison | Mark Ashton
Oct 06, 202223:16
Episode 18 - A Contested Adoption: The Pennsylvania Supreme Court Reverses a Parental Termination | Chelsey Christiansen
Sep 22, 202220:10
Episode 17 - Meet Incoming Family Law Section Chair Darren Holst | Darren Holst
Aug 11, 202219:20
Episode 16 - Family Law Section Unveils Co-Parenting Video | Helen Casale
Jul 06, 202226:46
Episode 15 - Dealing with Grandparents and Third Party Custody Rights | Janine Dunlap Kiah

Episode 15 - Dealing with Grandparents and Third Party Custody Rights | Janine Dunlap Kiah

We speak with Janine Dunlap Kiah from the SeniorLAW Center. The SeniorLAW Center is the only pro bono organization specializing in grandparent custody cases. Volunteer opportunities exist across the state from in-person pro bono representation to serving on the Center’s hotline to advise and assist parties in need.

Anyone interested in volunteering should contact the SeniorLAW Center’s Legal Director, Dana Goldberg:
dgoldberg@SeniorLAWCenter.org


Janine Dunlap Kiah is the director for the Pursuing Justice for Grandparents Raising Grandchildren in Pennsylvania project at SeniorLAW Center, based in Philadelphia, PA. In this role, she manages a federally funded statewide initiative poised to increase access to legal representation, education, and resources to older adults caring for children when the biological parents are absent. Prior to joining SeniorLAW Center, Janine practiced family law in Pennsylvania and New Jersey since 1997. She earned her J.D. from Villanova University School of Law and a B.A. in Vocal Music from Westminster Choir College in Princeton, New Jersey. Janine resides in Philadelphia with her wife, two boisterous boys, and their black cat, Shadow.


SeniorLAW Center – Protecting the Rights of Older Pennsylvanians
PA Custody Statute on Standing: 23 Pa.C.S.A. 5324
Chapter 53. - Title 23 - DOMESTIC RELATIONS (state.pa.us)


*audio editing, voice over & music by Nick DeMatteo

Jun 22, 202227:32
Episode 14 - Dealing with Repeat Custody Filings and Frivolous Petitions | Skip Persick

Episode 14 - Dealing with Repeat Custody Filings and Frivolous Petitions | Skip Persick

We speak with Skip Persick about steps that Family Law attorneys can take in dealing with repetitive custody litigants.


Lawrence J. “Skip” Persick focuses his practice on adoption, divorce, custody, support, dependency, and guardianship. Skip's experience also includes cases dealing with school discipline and the termination of parental rights. He has represented the prevailing party in many notable cases, including a Berks County decision granting compensatory and punitive damages on tort claims raised in the context of a divorce action. A former assistant public defender for Chester County, Skip has remained active within the county and also delivers annual talks on young people and the law to various secondary schools. Skip was selected by his peers for inclusion in the 2022 edition of Best Lawyers in America for Family Law. He was also recognized among Suburban Life magazine’s 2022 Five-Star Attorneys for Divorce/Family Law.


Lawrence J. "Skip" Persick - Weber Gallagher Simpson Stapleton Fires & Newby, LLP (wglaw.com)

Some Help in Defending Repeat Custody Filings | The Legal Intelligencer (law.com)


Cited Cases and Rules from Article:
· Pa. R.C.P. 233.1
· Pa. R.C.P. 1023.1 – 1023.4
· 23 Pa. C.S.A. §5339
· 42 Pa. C.S.A. §2503
· 42 Pa. C.S.A. §2503
· Moyer v. Leone, 260 A.3d 245 (Pa. Superior 2021)
· Dong Yuan Chen v. Saidi, 100 A.3d 587 (Pa. Superior 2014).
· Avetyan v. Sternberg, 216 Pa. Dist.& Cnty. Dec. LEXIS 30 (Bucks Co. 2016),
· Lowery-Shannon v. Shannon, 2014 Pa. Dist.& Cnty. Dec. LEXIS 3506 (Lawrence Co. 2014) a
· Morgans v. Morgans, 2012 Pa.Dist.& Cnty. Dec. LEXIS 100 (Allegheny Co. 2012)
· Lowe v. Lowe, 110 A.3d 211 (Pa. Superior 2015)
· Coulter v. Ramsden, 94 A.3d 1080 (Pa. Superior 2014)
· Coulter v. Lindsay, 159 A.3d 947 (Pa. Superior 2017)
· Pa. R. Prof. Conduct 3.1


*audio editing, voice over & music by Nick DeMatteo

May 25, 202226:09
Episode 13 - Arbitration in Family Law Cases | Shelly Grossman & Carolyn Zack
May 25, 202226:39
Episode 12 - What to Know about the New Support Guidelines | Michael Chilcot
Mar 04, 202235:25
Episode 11 - Trying a Parental Alienation Case | Jill Scheidt
Mar 04, 202240:29
Episode 10 - So You Want to Start a Law Practice: Need-to-Know Tips | Christina DeMatteo
Mar 04, 202231:38
Episode 9 - Bankruptcy’s Impact on Family Law Cases | Tracy Updike

Episode 9 - Bankruptcy’s Impact on Family Law Cases | Tracy Updike

We speak with Tracy Updike, Esquire, who specializes in commercial and consumer bankruptcy as we explore the financial and legal issues family law attorneys need to be aware of should their clients or their clients’ former spouses seek personal or business protections through bankruptcy.


Tracy L. Updike, Esq., is Of Counsel at Mette, Evans & Woodside in Harrisburg. She focuses her practice in the field of consumer and commercial bankruptcy and creditors’ rights. She is a frequent lecturer on bankruptcy topics at the Pennsylvania Bar Institute and for the Middle District Bankruptcy Bar Association. She is an adjunct professor for Bankruptcy Law at Widener Law Commonwealth in Harrisburg.


CITATIONS

In re Gianakas, 917 F.2d 759 (3d Cir. 1990) - whether obligation is in nature of support so as to be nondischargeable depends on intent of parties at time of settlement agreement, which can be found by examining three indicators: first, language and substance of agreement in context of surrounding circumstances; second, parties' financial circumstances at time of agreement; third, function served by obligation at time of divorce or settlement.

Farelli v. Farelli (In re Farelli), 347 B.R. 501 (Bankr. W.D. Pa. 2006)- state court characterization of debtor's obligation as distribution of property was not dispositive; disparity in financial circumstances showed award of 65 percent of marital property was to provide spouse with means to support and maintain herself

In re Tyndall, 360 B.R. 68 (Bankr. D. Del. 2007) - obligation to pay $500 weekly pursuant to separation agreement, despite express language in agreement that payments were not intended as alimony, were domestic support obligation

Hanrahan v. Ketch, 243 A3d 219 (Pa Superior Ct. 2020) – state court had concurrent jurisdiction (born out of  a bankruptcy law change) with bankruptcy court to acknowledge and enforce former wife's debt to former husband under property settlement agreement


*audio editing, voice over & music by Nick DeMatteo

Jan 20, 202237:39
Episode 8 - Cryptocurrency Considerations in Family Law | Alex Langan
Jan 20, 202235:33
Episode 7 - Underutilized Discovery Tips and Tricks | Missy Boyd

Episode 7 - Underutilized Discovery Tips and Tricks | Missy Boyd

We speak with Missy Boyd, a family law partner with High Swartz in Norristown, Montgomery County, about discovery tools not often utilized by family law attorneys, including the use of Request for Admissions and the Uniform Interstate Depositions and Discovery Act.

Links:
Rule 4014 - Request for Admission, 231 Pa. Code § 4014 | Casetext Search + Citator
Pennsylvania Bulletin (pacodeandbulletin.gov)
Family Law Attorney | Melissa (Missy) M. Boyd | Montgomery County (highswartz.com)


Melissa (Missy) Boyd is the head of High Swartz Domestic Relations Practice and concentrates on all aspects of family law. Among her other leadership roles, Missy is the chairperson for the Family Justice Advisory Board of Montgomery County. The FJAB works to examine and recommend ways the courts and its partners can effectively improve the County’s overall Family Court system. Missy is the past Chair of the Montgomery County Bar Association Family Law Section and is a fellow of the American Academy of Matrimonial Lawyers where she serves on the board of governors for the Pennsylvania Chapter.


*audio editing, voice over & music by Nick DeMatteo

Nov 17, 202135:19
Episode 6 - Privacy and Data Security for the Family Lawyer | Mark McCreary
Nov 04, 202131:38
Episode 5 - When COVID Vaccinations and Custody Rights Collide: A Discussion with Dori Green
Nov 04, 202123:31
Episode 4 - The Biden Tax Plan: Questions, Comments, Concerns, and Opportunities | Mitchell Benson
Nov 04, 202143:08
Episode 3 - Secondary Trauma in Attorneys: A Candid Discussion of Mental Health in Professionals | Brian S. Quinn
Sep 30, 202131:38
Episode 2 - What’s in Store for the PBA Family Law Section in the Year Ahead | Helen Casale
Sep 30, 202121:50
Episode 1 - Is the Death of Alimony Exaggerated? | Catherine M. McFadden
Sep 30, 202140:32