The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Long vs. Kyle, et al No. 2007-20497
Wednesday, December 18, 2013 12:01
Domestic Relations – Custody – Best Interest of Child – Codification of Factors – Goal of Custody Court – Relocation – Presumption in Favor of Parent – Rebuttal of Presumption – Custodial Parent’s Duty to Cooperate with and Encourage Child’s Relationship with Non-Custodial Parent – Duties of Parent as Caregiver – Change of Custody – Change of Schools – Importance […]
LARK vs. SHERIFF OFFICE OF LEBANON, et al No. 2012-01262
Wednesday, December 4, 2013 11:57
Civil Action – Political Subdivision Tort Claims Act – Real Estate Exception – Negligent Supervision – Immunity – Affirmative Defense – Decision on Preliminary Objections. Normally, immunity from suit is an affirmative defense that must be raised in a responsive pleading under the heading “New Matter” and is not properly raised via Preliminary Objection. However, where the defense is […]
Servants Oasis vs. Zoning Hearing Board of South Annville Township No. 2013-00051
Wednesday, December 4, 2013 11:53
Zoning – Land Use Appeal – Review by Court – Error of Law or Abuse of Discretion – Substantial Evidence – Credibility of Witnesses – Special Exception – Burden of Proof – Sewer Disposal System. When the Court has taken no evidence in the land use appeal, the Court is limited to a determination of whether the zoning hearing board […]
In re: Estate of Makeen A. Nazeeri, deceased, No. 2006-00514
Wednesday, November 6, 2013 11:43
Decedent’s Estate – Claim Against Estate – Burden of Proof – Medical Services – Standard of Care – Set-Off Distinguished from Defense to Claim – Auditor’s Proceeding. Objector cites several cases in support of its contention that where the statute of limitations may be successfully set up against a claim sought to be enforced in an action of assumpsit, it […]
Portfolio Recovery Associates vs. Miller No. 2012-02115
Wednesday, October 16, 2013 11:40
Civil Action – Breach of Contract – Account Stated – Plaintiff’s Disregard of Court Deadlines – Lack of Due Diligence – Motion to Dismiss Complaint. The Court viewed Plaintiff’s flagrant and repeated disregard for the deadlines it established as evidence that Plaintiff does not really wish to pursue its cause of action against the Defendant. By virtue of the lack […]