Estate Planning and Incapacity Issues: Consider a Power of Attorney

If you are involved in planning your estate, you need to be prepared for different issues that could arise. One of these issues is incapacity or partial incapacity. Your estate plan can address what happens in the event you are in this situation. One mechanism to address issues involving incapacity is known as a Power  … Read More

Divorce and Property Division: Are “Professional Degrees” Marital Property?

When you are going through the divorce process in Pennsylvania, any marital property you own with your spouse is potentially property that could be shared with your spouse through the process of “equitable distribution.” The key question is whether a piece of property counts as marital property in a given situation. Let’s take a situation  … Read More

Custody and the “Dependent Child” Tax Deduction

When parties go through a separation in Pennsylvania, there is an often an issue or question about who claims a tax deduction for the dependent child or children. As you might guess, the issue of the tax deduction depends in partly on who gets what amount of custodial time. A general rule of thumb is  … Read More

DUI’s in Pennsylvania: When is a traffic stop justified?

A driver cannot be driving under the influence if he or she is not driving to begin with. Accordingly, most DUI cases begin with a traffic stop. When is law enforcement justified in making a stop of a driver? The short answer is that law enforcement can effect a stop when law enforcement has “reasonable  … Read More

Child Custody in Pennsylvania: Factors to Consider During Relocation

Sometimes there comes a point where a parent wants to relocate from Pennsylvania to another part of the state—or another part of the country. When there is a custody agreement involved, relocation presents special issues that the moving parent should be made aware of. First, the party seeking to move must provide notice of the  … Read More

Disqualification of Commercial Drivers Licenses in Pennsylvania: When is your CDL at Risk?

When your Commercial Driver’s License (“CDL”) is suspended in Pennsylvania, it is referred to as a “disqualification” of the CDL. CDL’s are treated differently than normal driver’s licenses for the purposes of suspension. This is because Federal law AND state law both come into play with determining what penalties to assess against your CDL. CDL’s  … Read More

Child Custody in Pennsylvania: Factors to Consider during a Relocation

Sometimes there comes a point where a parent wants to relocate from Pennsylvania to another part of the state—or another part of the country. When there is a custody agreement involved, relocation presents special issues that the moving parent should be made aware of. First, the party seeking to move must provide notice of the  … Read More

Violations of Parole and Probation in Pennsylvania: “Gagnon II” Hearings and Sanctions

If an individual on supervision in Pennsylvania commits a new criminal offense, or violates a condition of supervision, that person is subject to further potential penalties. “Supervision” in this context refers to those on probation or parole. One possibility is the imposition of a “detainer” to hold the person in prison until the underlying violation  … Read More

Mortgage Foreclosures and the “Soldiers and Sailors Act”

The mortgage foreclosure process contains many ins and outs that a homeowner needs to be aware of. One of these is the potential relief for those in military service under the Soldiers and Sailors Act undergoing issues with not only mortgage foreclosure, but also certain other debts as well. The Soldiers and Sailors Act provides  … Read More