Supreme Court of Pennsylvania, 2016

Shearer, D. and J. v. Hafer, S.

Shearer, D. and J. v. Hafer, S.
Supreme Court of Pennsylvania · Decided September 13, 2016 · Per Curiam

Shearer, D. and J. v. Hafer, S.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

DIANA SHEARER AND JEFF SHEARER, : No. 248 MAL 2016 : Petitioners : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : SCOTT HAFER AND PAULETTE FORD, : : Respondents :

ORDER

PER CURIAM AND NOW, this 13th day of September, 2016, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioners, are:

a. Whether the Superior Court should be reversed because it erred in affirming the trial court’s order granting [Respondents’] request for a protective order where Mrs. Shearer has the right to have counsel present and to audio record all portions of a defense neuropsychological examination pursuant to the clear language of Pa.R.C.P. 4010[?]

b. Whether the Superior Court should be reversed because it erred in affirming the trial court’s order granting [Respondents’] request for a protective order where Mrs. Shearer has the right to have counsel present and to audio record all portions of a defense neuropsychological examination and where [Respondents] have not shown good cause to justify stripping Mrs. Shearer of these protections granted to her under Pa.R.C.P. 4010[?]

In addition to the issues framed by Petitioners, the parties are directed to address the following question: Whether the Superior Court erred in holding that the appeal was properly before it under the collateral order doctrine of Pa.R.A.P. 313?

[248 MAL 2016] - 2

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