The following are the judicial opinions as published in the Lebanon County Legal Journal.
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) […]
Federal National Mortgage Association vs. Carranza No. 2013-00656
Wednesday, April 2, 2014 10:11
Civil Action – Mortgage Foreclosure – Motion for Summary Judgment – Nanty-Glo Rule – Testimonial Affidavit – Credibility Determination – Pa.R.C.P. No. 213. 1. Pennsylvania’s longstanding rule for oral testimony and summary judgment flows from the case Borough of Nanty-Glo v. American Surety Company of New York, 309 Pa. 236 (1932). 2. While the purpose of a motion for […]
Commonwealth vs. Beniquez-Rodriguez CP-38-CR-1507-2010
Wednesday, March 5, 2014 10:00
COMMONWEALTH OF PENNSYLVANIA vs. BENIQUEZ-RODRIGUEZ Crimes – PCRA – After Acquired Evidence – Ineffective Assistance of Counsel – Arrest – Warrantless Search – Probable Cause – Exterior Pat Down – Officer Safety. The Post-Conviction Relief Act (PCRA) provides a process by which persons convicted of crimes they did not commit and persons serving illegal sentences can obtain relief. The […]
Perez vs. Perez, et al No. 1999-5-0540
Wednesday, February 12, 2014 10:00
Domestic Relations – Legitimacy of Child – Blood Tests – Presumption of Legitimacy – Paternity by Estoppel – Best Interests of Child – Petition to Open Paternity. If there is one over-arching axiom that governs any family law dispute, it is that children should not needlessly suffer. For most of Pennsylvania’s existence, the status of illegitimacy subjected a child […]
Killian vs. Killian No. 2007-5-0034
Wednesday, February 5, 2014 12:07
Domestic Relations – Child Support – Income Defined – Gambling Earnings – Gambling Losses – Exceptions. Child support in Pennsylvania is calculated without permitting deductions for nonessential luxury expenses such as entertainment and vacations. Pennsylvania’s Child Support Guidelines provide that a party’s monthly gross income for purposes of the child support calculation is ordinarily based upon at least a six-month […]
Light (Kipp) vs. Esbenshade No. 2009-20401
Wednesday, January 8, 2014 12:05
Civil Action – Authentication of Electronic Materials – Pa.R.Ev. 901 – Evidence Required – Circumstantial Evidence – Admission – Discretion of Court – Text Messages – Emails – Pa.R.Ev. 104 Hearing. Proper authentication of emails and other instant communications, as well as all computerized records, is of critical importance in an ever-increasing number of cases, not only because of the […]