The following are the judicial opinions as published in the Lebanon County Legal Journal.
REINHART vs. KLINE No. 2012-5-0637
Wednesday, June 12, 2013 10:33
Domestic Relations – Support – Notice – Mailbox Rule – Lebanon County Domestic Relations Office Procedure – Review Granted Responsible Litigant – Exceptions. Notice in a support case is governed by Pa.R.C.P. 1910.6 which states that parties to a support action and their attorneys shall be provided notice of all proceedings in which support obligations might be established or […]
CITY OF LEBANON et al vs. CORNWALL BOROUGH, et al No. 2012-01222
Wednesday, June 5, 2013 10:30
Civil Action – Non-Joinder of Necessary party – Subject Matter Jurisdiction – Demurrer – Counsel Fees – Unjust Enrichment – Conversion – Preliminary Objections. Pa. R.C.P. 1028 permits the filing of Preliminary Objections in order to raise non-joinder of a necessary party. In the absence of an indispensable party, a court lacks jurisdiction over matters before it. A party […]
GERHART, et al vs. PA NATURAL CHICKS, INC., et al No. 2007-00779
Wednesday, May 1, 2013 10:27
Civil Action – New Trial – Factual, Legal or Discretionary Mistake – Sufficient Prejudice Required – Conscience of Court – Proof of Damages – Jury Question – Methods to Appraise Realty – Admission of Expert Testimony – Fair Scope Limitations – Inconsistent Verdict – Contemporaneous Objection – Weight of Evidence. Pa.R.C.P. No. 227.1 provides that a trial court may […]
Markey vs. Bajoghli, et al No. 2012-01751
Wednesday, April 24, 2013 10:26
Civil Action – Professional Malpractice – Certificate of Merit – Extension of Time – Practicalities of Securing Expert Review – Motion for Extension. Pennsylvania Rule of Civil Procedures 1042.3 provides that in any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall […]
Commonwealth vs. Rich No. CP-38-CR-868-2012
Wednesday, April 3, 2013 10:24
Crimes – Driving Under the Influence of Drugs – Expert Witnesses – Frye vs. United States – Police Officer’s Opinion – DRE Evidence – HGN Testing – Proper Scientific Support – Motion in Limine. 1. If scientific, technical or other specialized knowledge beyond that possessed by a layperson will assist the trier of fact to understand the evidence or to […]
Salles-Mayer vs. Hill, et al
Tuesday, March 5, 2013 15:31
SALLES-MAYER vs. HILL, et al Civil Action – Medical Malpractice – Comparative Negligence – Apportionment of Harm – Responsibility of Court – Willful or Wanton Misconduct – Second Restatement – Third Restatement – Procedure at Trial – Limited Reopening of Discovery. Comparative negligence is a statutory concept that apportions conduct-based responsibility among concurrently responsible Defendants and/or Plaintiffs. The concept […]
Commonwealth vs. Perry
Friday, February 8, 2013 12:35
COMMONWEALTH vs. PERRY No. CP-38-CR-995-2012 Crimes – Offensive Weapon – Machete – Circumstances-of-the-Possession Test – Investigatory Stop – Terry – Reasonable Suspicion – Limitations – Motion to Suppress – Marijuana. A person commits a misdemeanor of the first degree if, except as authorized by law, he makes, repairs, sells, or otherwise deals in, uses, or possesses any […]
Byler vs. Byler
Wednesday, January 9, 2013 10:00
BYLER vs. BYLER Domestic Relations – Support – Self-employed Defendant – DRM’s Report – Credibility – De Novo Determination – Six Month Average of Income – Tax Returns – Review Hearing – Exceptions. In reviewing a DRM’s report, the Court must give its fullest consideration to the credibility findings of the DRM who was present […]
Lebanon Count EIT Bureau vs. Bank of Lebanon County and Faren Garcia & Garman, P.C. et al
Tuesday, January 8, 2013 11:18
LEBANON COUNTY EIT BUREAU vs. BANK OF LEBANON COUNTY LEBANON COUNTY EIT BUREAU vs. FAREN GARCIA & GARMAN, P.C., et al Civil Action – Settlement Agreement – Challenge to Capacity to Sue – Standing – Judicial Estoppel – Indemnity Provision – Attorneys’ Fees – American Rule – Dilatory, Obdurate or Vexatious Conduct – Request to Enforce Settlement Agreement. […]
Gerhart, et al vs. PA Natural Chicks, Inc.
Wednesday, December 5, 2012 9:36
GERHART, et al vs. PA. NATURAL CHICKS, INC., et al No. 2007-00779 Civil Action – Expert Witness – Market Value of Contaminated Real Estate – Qualification of Expert – Frye Test – Motion in Limine. There are three generally-recognized approaches used by professional appraisers for the valuation of real property: the Sales Comparison Approach, the Cost Approach, and the Income […]