Death, divorce and other concerns for elderly clients

2022/07/01

Robert Weinberg authored “Death, divorce and other concerns for elderly clients” published in the Pittsburgh Legal Journal, Vol. 24, No. 13. Read More

Kenneth Horoho Moderates “The Surveillance of a Spouse: The Do’s and Don’ts in Family Law Matters”

2022/04/07

Kenneth Horoho will be the moderator and one of the presenters on for the program entitled, “The Surveillance of a Spouse: The Do’s and Don’ts in Family Law Matters” sponsored by the Pennsylvania Bar Institute. He will be joined by Judge Anthony Mariani of the Court of Common Pleas of Allegheny County Criminal Division, Phil DiLucente a criminal law lawyer from Pittsburgh, and Larry Forletta a private investigator.   For more information on the Program click on the link: https://www.pbi.org/Meetings/Meeting.aspx?ID=41811 Read More

Pennsylvania Supreme Court Appoints Kenneth Horoho, Jr. to Domestic Relations Procedural Rules Committee

2022/03/14

Pittsburgh – Kenneth J. Horoho, Jr., a resident of Mt. Lebanon, has been appointed by the Pennsylvania Supreme Court to its Committee on Domestic Relations Procedural Rules to advise and assist the court on matters related to the practice of family law in Pennsylvania. Mr. Horoho’s three-year term on the committee begins April 1, 2022. The Domestic Relations Procedural Rules Committee advises the Supreme Court on matters related to the procedural rules governing actions for divorce, support, custody, paternity, and protection from abuse. The primary goal of the committee is to simplify family law practice by recommending new rules or amendments to existing procedural rules relating to family law matters. The committee reviews legislation and monitors court decisions to ensure that the rules conform to developments in the law and into the realities of the family law practice. The committee strives to promote statewide uniformity of practice, to streamline procedures, and to encourage the prompt disposition of family law matters. This latest appointment is yet another leadership assignment for Mr. Horoho in state, local, and national bar association organizations. In addition to serving as President of the 29,000-member Pennsylvania Bar Association in 2006, he has been elected and appointed to numerous PBA committees, task forces and special projects throughout his distinguished career. Mr. Horoho also served for 12 years on the Allegheny County Bar Association’s Board of Governors and was Chairperson of its Family Law and Young Lawyer Sections. In 2009, he was appointed by Supreme Court Chief Justice Ron Castille to the Interbranch Commission on Juvenile Justice; a special panel created by Governor Edward Rendell and the Pennsylvania General Assembly to investigate the causes of one of the most extraordinary cases of judicial corruption in state history. Mr. Horoho has been a member of the Board of Trustees at Saint Francis University since 2010. Read More

Custody: Can I relocate with my child?

2021/10/29

Whether it is your job, a new relationship or for any other reason, relocation is a tricky issue. Pennsylvania has a stringent relocation statute, 23 Pa.C.S.A. § 5337, which creates a protocol to follow in order to accomplish a relocation. The first step is to determine whether the move constitutes a relocation. A relocation is defined as change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights. Obviously, a move from Pittsburgh to Seattle would have a strong likelihood of filling into this definition. However, courts have found that local moves can also fall within the definition. Consider the case of a 50/50 schedule with both parents having equal opportunity to having the child before and after school. A move from Upper St. Clair to Butler could have the effect of impairing the other party’s custody rights. If your move is a relocation, you cannot move without permission from the other parent or the court. You are required to give the other parent 60 days’ written notice of your move.  The notice is in the form of an affidavit including information such as your new address, reason for the move, and proposed custody schedule after the move. What if the other party objects? In that event, the court will decide. The party proposing the relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors. One important factor is the integrity of the purpose of the move. If the court believes that you are moving just to be further away from the other parent, it will hurt your chances. The court will also consider (1) the impact on the child; (2) the child’s family ties where they are and at the proposed location; and (3) the well-reasoned preference of the child given their level of maturity. Read More

Kenneth Horoho Presents at Penn State Seminar – The CPA’s Role in Divorce in PA

2021/10/04

Kenneth Horoho participated in one of thirteen seminars provided by Penn State, Beaver Campus to Certified Public Accountants and Attorneys. He, along with Chris Pattison of HBK, presented a program on The CPA’s Role in Divorce in Pennsylvania.   Read More

Beyond Pots & Pans

2021/09/01

There’s an age-old misconception that Family Lawyers do little other than divide up “pots and pans.” Even a casual review of our website will reveal that our practice goes far beyond that. With that being said, what do we do with the furnishings and personal property, sometimes referred to as “personalty,” that couples accumulate over the years? For starters, it depends upon what comprises the contents of the home and whether the furnishings and items of personal property are of such a nature that warrant expert valuation. Despite whatever sentimental value an item may have to you, the Pennsylvania Courts will value your personal property items at “fair market value.” Fair market value is not the insurance replacement value, nor is it necessarily what a party paid for it. Simply put, fair market value is what a willing buyer will pay a willing seller without any pressure to buy or sell it. We first need to determine what is in the home. Is an item from a big box retail store or carefully curated from an antique or specialty shop? For the big box variety, I frequently counsel my clients to attempt to negotiate between themselves. The moment that “expensive” bedroom suite leaves the store, it loses value. Clients are frequently unpleasantly surprised to find out their $15,000 dining room set might only be worth $2000 when the parties separate. Conversely, if the parties have contents of a particular vintage, they should consider hiring a personal property appraiser to come to the home to inspect and value some or all of the contents, which could include the furnishings, fine China, rugs, crystal, and flatware. Similarly, though the value of most vehicles can be obtained from the NADA or Kelley Blue Book guides, parties might consider engaging the services of a specialized appraiser to assist them in valuing Great Aunt Bessie’s mint condition ’65 Jaguar XK-E. Read More

Kenneth Horoho Appointed to Pennsylvania Supreme Court Rules of Evidence Committee

2021/08/19

Kenneth J. Horoho, Jr. has been appointed by the Pennsylvania Supreme Court to its Committee on Rules of Evidence, to advise and assist the court in prescribing general rules governing all court proceedings in Pennsylvania. Mr. Horoho’s five-year term on the committee begins October 1, 2021. The Committee on Rules of Evidence studies and makes recommendations to the court about matters relating to evidence law in Pennsylvania. It monitors the practical application of the rules, as well as developments in evidence law in Pennsylvania and in other jurisdictions, reflected in case law and statutory changes. It also identifies areas in which the rules of evidence should be amended or clarified and continues to review and respond to the questions raised by judges, lawyers, and court staff. Members of this committee are appointed by the Supreme Court and are knowledgeable about the Pennsylvania Rules of Evidence and possess trial court experience. This appointment is the latest in a long history of leadership assignments in state, local, and national bar association organizations for Mr. Horoho. In addition to serving as President of the 29,000-member Pennsylvania Bar Association in 2006, he has been elected and appointed to numerous PBA committees, task forces and special projects throughout his distinguished career. Mr. Horoho also served for 12 years on the Allegheny County Bar Association’s Board of Governors and was Chairperson of its Family Law and Young Lawyer Sections. In 2009, he was appointed by Supreme Court Chief Justice Ron Castille to the Interbranch Commission on Juvenile Justice; a special panel created by Governor Edward Rendell and the Pennsylvania General Assembly to investigate the causes of one of the most extraordinary cases of judicial corruption in state history. In addition, Mr. Horoho served 13 years as an adjunct professor on the faculty of the University of Pittsburgh School of Law where he taught Advanced Family Law Trial Advocacy. Read More

Who Gets the Engagement Ring if the Relationship Ends?

2021/08/19

Ward of the Rings Who Gets the Engagement Ring if the Relationship Ends? For many people, it’s the one time in our lives when we’re almost guaranteed a romantic moment. After a successful courtship, one of you takes the big step and proposes marriage. In an instant, you’re transformed from the world of dating to engaged. And in many cases, there’s a ring involved. An expensive one. According to the 2021 WeddingWire Newlywed Report, the average cost of an engagement ring is currently $5,500, and 18 percent of engaged couples will spend more than $10,000. So its kind of a big deal when one of the parties breaks off the engagement. Who gets the ring? Or, if the relationship survives the wedding day but ends in divorce, who owns the ring then? Both good questions, and surprisingly, both have been decided by the Pennsylvania Supreme Court. In a 1999 case, Pennsylvania’s highest court found in Lindh v. Surman that an engagement ring is more than simply an expression of love and affection. It’s a “conditional gift,” given in contemplation of a marriage. That means that while the ring is certainly a gift, there is an expectation of a marriage to follow. If the relationship fails and the couple goes their separate ways before the wedding, the “condition” of marriage is not met. Hence, the ring should rightfully belong to the “donor,” or the party giving the ring as a gift. So far, so good. But what if the condition of a marriage is met, the couple exchange marriage vows, are legally married, and decide to divorce later? What becomes of the engagement ring then? In Lindh, the Court found that once the marriage takes place and the “condition” is met, the engagement ring is no longer a “conditional gift,” but rather a “completed gift,” meaning it rightfully belongs to the recipient. Read More

The Importance of Taking Care of Your Mental Health

2021/06/01

May is Mental Health Awareness Month. A month dedicated to raising awareness regarding mental health resources and helping to reduce the stigma around mental health struggles. Of course, legal battles occur all year round, and it is important to check in on yourself and your loved ones often. In particular, the weight of a divorce, custody disputes, and litigation over your family’s estate can be significant. Also, despite the number of divorces which occur every year, many people still feel lost and feel unable to process what is happening. As your lawyer, we can help you through the legal process, explain the steps, give you advice, strategize, and plan. And while it may feel sometimes that we are also your therapist, we are not. That said, as family law and estate planning attorneys, we are in a unique position to have a network of mental health professionals from whom we can obtain referrals. A mental health professional can assist you in many ways. If you are dealing with a high conflict custody case, many families are referred for “co-parenting counseling” or “family therapy” where the family can attempt to work out various disputes, big and small, which have hampered the family’s ability to work together cohesively for the children. A mental health professional can also be helpful on an individual capacity with personal, individual therapy to help you digest this significant change in your life. They also can be just a person to talk to, that is unbiased and confidential. One thing that comes up often in family law litigation is a lack of confidence in your future, which may have nothing to do with the financial impact of what you are going through and may have an underlying cause. A mental health professional can be a resource to work through those fears, help you build on and acknowledge your own worth, strength and progress. Read More

Carla Schiff Donnelly to Receive PBA Commission on Women in the Profession Norton Award

2021/04/14

The Pennsylvania Bar Association (PBA) Commission on Women in the Profession will present its annual Lynette Norton Award to Pittsburgh attorney Carla Schiff Donnelly on May 19, 2021 at an awards luncheon during the Commission on Women in the Profession (WIP) Annual Conference held as part of the Pennsylvania Bar Association (PBA) Virtual Annual Meeting. The Norton Award was created in memory of Lynette Norton, a founding member of the PBA Commission on Women in the Profession who died in 2002. Norton was an advocate for young women in the legal profession and worked to promote literacy and women’s rights. The award is designed to recognize and encourage female attorneys who excel in litigation skills and who are devoted to mentoring female lawyers. Ms. Donnelly’s nominator notes, “Carla has not only touched my life in such a strong and meaningful way but has also made an impact on so many other people’s lives. …It is an honor and a privilege to have her in my circle and she has made a strong imprint on not only the local legal community in Allegheny County, but for greater Pennsylvania.” Ms. Donnelly is unselfish with her time with younger lawyers, especially with female lawyers, as well as with those in the broader community. She is an active member of the PBA WIP, serving on its Executive Committee as secretary and as a member of the WIP Fall Retreats Subcommittee. Ms. Donnelly also is a member of the Allegheny County Bar Association Women in the Law Division. A well respected trial attorney, Ms. Donnelly focuses her practice on divorce litigation and mediation, with a concentration on complex financial and custody issues, including international divorce cases.  She also specializes in preparing and negotiating prenuptial and postnuptial agreements and is trained in collaborative law, mediation and parent coordination. Read More