Wednesday, August 09, 2017

custody - contempt - sanctions

N.A.M. v. M.P.W. – Superior Court – August 7, 2017

Lower court erred in failing to impose sanctions on parent found in contempt of custody order, where record showed that parent had “continuously violated court orders for approximately ten years....[T]he trial court abused its discretion by declining to impose any sanction on Mother despite her flagrant contempt, which has been ongoing for ten years.”  Harcar v. Harcar 982 A.2d 1230 (Pa. Super. 2009).

attorney fees - foreclosure - "hire or pay someone else" - in-house counsel not covered

Enterprise Bank v. Frazier Famioy L.P. – Superior Court – August 8, 2017

The following contract language did not authorize payment of attorney fees to the mortgage lender’s in-house counsel.

Attorneys’ Fees; Expenses. Borrower agrees to pay upon demand all of Lender’s costs and expenses, including Lender’s reasonable attorneys’ fees and Lender’s legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to J-A05041-17 - 2 - help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement.