The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Scott vs. Schaefer Fireworks, Inc., et al No. 2012-01301
Wednesday, July 2, 2014 10:32
Civil Action – Fireworks – Negligence – Recklessness – Punitive Damages – Statute of Limitations – Alleged Violation of State or Local Law – Preliminary Objections. Pursuant to Pa.R.C.P. No. 1028(a)(4), Preliminary Objections may be filed on the ground of legal insufficiency of a pleading (demurrer). The question presented by the demurrer is whether, on the facts averred, the law […]
Hiestand vs. Kreiser, et al No. 2009-01958
Wednesday, May 21, 2014 10:43
Civil Action – Discovery – Sanctions – Discretion of Court – Violation of Court Order – Physical or Mental Examination – Earning Capacity Evaluation – Bad Faith – Costs. 1. Discovery sanctions generally are imposed when a court order has been violated, although the rule authorizing sanctions does allow for sanctions when there has been a discovery violation. 2. […]
Wealand, et ux vs. Parker No. 2013-00801
Wednesday, May 14, 2014 10:36
Civil Action – Defamation – Slander – Elements – Publication – Third Parties -Time and Place – Insufficient Specificity – Preliminary Objections. 1. Pa.R.C.P. No. 1019(a) requires that the material facts on which a cause of action is based be stated in a concise and summary form. A Complaint must not only apprise a defendant of the claim being […]
Bauder vs. Bauder No. 2012-40250
Wednesday, April 23, 2014 10:24
Civil Action – Protection from Abuse – Intervention by District Attorney – Omnibus Provision – Modification of PFA Order. 1. Intervention is governed by Pa.R.C.P. 2327, which states that at any time during the pendency of an action, a person not a party thereto shall be permitted to intervene therein if, inter alia, the determination of such action may […]
Coffey vs. Behl No. 2010-5-0646
Wednesday, April 9, 2014 10:16
Domestic Relations – Child Support – Contempt – Willful Non-Compliance – Ability to Pay – Earning Capacity – Determination of Earning Capacity – Obligor’s Financial Choices. 1. A person who willfully fails to comply with any order, may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following: (1) […]