A covenant not to compete is a provision contained within a contract that precludes an individual, generally an individual providing a professional service, from competing with a previous employer for a set number of years and a set geographical distance. These types of clauses are disfavored by Courts in Pennsylvania, but are enforceable if supported […]
For a contract to be enforceable in Pennsylvania there must be consideration. Consideration consists of a benefit to the promisor or a detriment to the promisee. If there is no consideration between parties then there can be no contract. A little known exception to this rule is found in a Pennsylvania statute […]
In Pennsylvania, equitable distribution is the division of assets (and allocation of debts) acquired during the parties’ marriage. It is but one of the financial issues that may be raised in connection with a divorce – alimony/support, child support, counsel fees and costs being the others. There is no presumption under Pennsylvania law that provides […]
It is always a hotly contested issue in custody cases when a primary custodian seeks to relocate to another county or state and take the minor child(ren) from his/her current residence. There are rules now in place which control how the primary custodian must proceed in attempting to relocate. The primary custodian must notify […]
he general distinction between alimony and spousal support is that spousal support is only payable up until the finalization of the divorce action, while alimony may be ordered at a set amount and for a specific period of time subsequent to the finalization of the divorce action. Spousal support calculations are established by rules which […]
You have the right to remain silent. This is the introduction of perhaps one of the most misunderstood concepts in the law. Commonly referred to as the Miranda warnings, these warnings originated in a United States Supreme Court case in the 1960’s. The warnings are designed to insure the voluntariness of any statement made by […]
The single most important reason why individuals form corporations or LLC’s is to shield themselves from individual liability. The usual risk to the individual is limited to his/her monetary/non-monetary investment in the business. If the veil of a corporation or LLC is pierced, the debts of the entity are also treated as debts of the […]