The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Brophy vs. Brophy No. 2006-20273
Wednesday, October 2, 2013 11:35
Domestic Relations – Discovery – Alimony – Marital Misconduct – Date of Separation. Marital misconduct may not be considered in a claim for equitable distribution of marital property. However, a court may consider marital misconduct, along with other relevant factors, in determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment. The marital misconduct […]
BASHORE, et vir vs. THE GOOD SAMARITAN HOSPITAL, et al No. 2009-00078
Wednesday, September 25, 2013 11:30
Civil Action – Medical Malpractice – Discovery – Corporate Negligence – MCARE Act – Motion to Compel Discovery Responses. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. A hospital can be held directly liable for negligence under […]
Moro, Nasta vs. Hollinger, et al No. 2013-00043 and 02622
Wednesday, July 24, 2013 11:27
Civil Action – Motion for Consolidation and Coordination of Actions – Determination of Venue – First Complaint Filed – Interpretation and Construction of Rules of Civil Procedure. In actions pending in different counties which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may […]
BUCKFELDER vs. ARIAS, et al No. 2011-01331
Wednesday, July 10, 2013 10:39
Civil Action – Discovery – Tax Returns – Relevance – Prejudice – Motion to Compel. As a general rule, discovery is liberally allowed with respect to any matter, not privileged, which is relevant to the cause being tried. Subject to the provisions of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any […]
FOCHT vs. STONERIDGE RETIREMENT LIVING No. 2011-01950
Wednesday, July 3, 2013 10:35
Civil Action – Medical Malpractice – Certificate of Merit – Direct Liability – Vicarious Liability. A petition seeking relief from a Judgment of non pros must allege that the petition is timely filed; there is a reasonable explanation or legitimate excuse for the inactivity or delay, and there is a meritorious cause of action. The Pennsylvania Rules of Civil […]