The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
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 […]