The following are the judicial opinions as published in the Lebanon County Legal Journal.
Shearer, et vir vs. Hafer and Ford No. 2012-01286
Wednesday, April 15, 2015 10:00
Civil Action – Motor Vehicle Accident – Discovery – Defense Mental Examination – Presence of Counsel – Pa.R.C.P. 4010 and 4012 Reconciled – Motion for Protective Order. Pennsylvania’s Rules of Civil Procedure, including those relating to discovery, shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. In […]
Commonwealth vs. Martin No. CP-38-CR-0000899-1993; CP-38-CR-0001079-1993
Wednesday, April 8, 2015 10:01
Crimes – First Degree Murder – Package Deal Plea Agreement – Stare Decicis – PCRA – Due Process – Contractual Nature of Plea Bargain – Specific Performance – Death Penalty – Fourteenth Amendment – Scrutiny and Enforcement of Plea Bargains – Sixth Amendment – Defendant’s Ability to Control Acceptance of Plea Bargain – Capital Sentencing Proceeding – Motion to Compel […]
Commonwealth vs. Barrett No. CP-38-CR-762-2014
Wednesday, February 11, 2015 10:00
Crimes – Miranda Warnings – Custodial Interrogation – Rhetorical Questions – Independent Source Rule – Doctrine of Inevitable Discovery – Search Warrant – Motion to Suppress Evidence. The United States Supreme Court declared that before police can conduct a custodial interrogation of a suspect, they must first apprise the suspect of certain constitutional rights. The so-called “Miranda warnings” that […]
Smith vs. Smith No. 2013-20491
Wednesday, February 4, 2015 10:00
Domestic Relations – Alimony Pendente Lite – Pennsylvania Common Law – Section 3702, Divorce Code – Support Guidelines – Alimony Pendente Lite and Support Distinguished – Case Law Preserved – Deviation from Support Guidelines – Exceptions to Recommendation of Special Master. Alimony pendente lite began as a precept of Pennsylvania Common Law, not as a matter of right. It was […]
Boehler vs. Boehler No. 2006-20469
Wednesday, December 17, 2014 10:52
Domestic Relations – Custody – Contempt – Civil and Criminal Distinguished – Sanctions – Child’s Defiant Behavior – Mother’s Role – Remedial Order – Counsel Fees. Contempt is a generic concept distinguished by two types, criminal and civil contempt. The difference is not of the essence, but of the purpose sought by their use. When the dominant purpose of the […]
Auman, et al vs. Erie Insurance Company, et al No. 2011-00922
Wednesday, December 3, 2014 10:50
Civil Action – Homeowners Insurance – Unfair Trade Practice Law – Malfeasance and Nonfeasance Distinguished – When Expert Testimony Required – Motion for Summary Judgment. Pursuant to Pa.R.C.P. No. 1035.2, a party may move for summary judgment when the evidentiary record reveals that the moving party is entitled to judgment as a matter of law. Summary judgment may be granted […]
Expanded Horizons LLC vs. City of Lebanon Zoning Hearing Board, et al No. 2013-02515
Wednesday, October 15, 2014 10:47
Civil Action – Zoning – Scope of Review – Abuse of Discretion – Variance by Estoppel – Rooming Houses – Group Homes – Temporary Variance – Appeal from Zoning Hearing Board. Pennsylvania has uniquely recognized the equitable underpinning of zoning variances, as this Commonwealth has developed an extensive body of law governing a principle that has become known as […]
Commonwealth vs. Zimmerman No. CP-38-CR-1502-2007
Wednesday, October 8, 2014 10:44
Crimes – Pa.R.Crim.P. 600 – Right to Speedy Trial – Federal and State Constitutions – Waiver of Claim – Motion to Dismiss Charges. Trial shall be deemed to commence on the date the trial judge calls the case to trial, or the defendant tenders a plea of guilty or nolo contendere. Trial in a court case in which a written […]
Audrey’s Crafts vs. PA National Insurance Co. No. 2013-00511
Wednesday, September 10, 2014 10:41
Civil Action – Contract Claim Against Insurer – Bad Faith Claim – Severance – Discovery – Dunkleberger v. Erie Insurance Exchange – Motions to Sever and Stay Discovery. 1. Because the issues pertaining to bad faith and UIM coverage are profoundly different, so too is the discovery that typically accompanies each type of claim. UIM discovery typically requests information such […]
Miller vs. Bixler No. 2012-5-0212
Wednesday, August 13, 2014 10:39
Civil Action – Exceptions to DRM Report – Credibility – Standards of Review – De Novo – Manifest Abuse of Discretion – Deduction for Health Insurance – Spousal Support – Equitable Distribution – Deviation – Effect of Use of Line of Credit. 1. In reviewing a DRM’s report, the Court must give fullest consideration to the credibility findings of the […]