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