Jones, R. v. Bohn, D.
165 MDA 2017
| Pa. Super. Ct. | Nov 28, 2017Background
- In May 2016 Raheem Jones sued Deborah Bohn under Pennsylvania wiretapping and related statutes, alleging Bohn hacked his Facebook account and used it to harass the mother of his child; he sought declaratory relief and $36,000 in damages.
- Bohn filed preliminary objections asserting Jones had agreed, as part of a negotiated plea in a prior criminal case, not to bring civil actions against her.
- Jones pled guilty in April 2016 to two third‑degree misdemeanors before a magistrate; plea discussions included a stipulation that Jones would not pursue further criminal or civil actions against the complainant.
- At a November 22, 2016 hearing (at which the court later noted no oath was administered), ADA Catherine Tully testified about the plea negotiations; a transcript of a June 17, 2016 Grazier hearing referencing the plea terms was also admitted.
- The trial court found the Commonwealth’s evidence credible, concluded Jones agreed not to sue Bohn regarding Facebook activity, denied Jones’s motion to dismiss the preliminary objections, and dismissed the amended complaint.
- Jones appealed pro se; the Superior Court affirmed the dismissal, rejecting Jones’s procedural and substantive challenges to enforcement of the plea‑term not to sue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether preliminary objections should be dismissed for failure to attach the alleged "agreement not to sue" under Pa.R.C.P. 1019(i) | Jones: Bohn failed to append the alleged agreement, so objections are defective | Bohn: Rule 1019(i) requires attachment only for written agreements; the non‑suit term was oral | Held: No defect — the no‑sue term was oral, so no written agreement had to be attached |
| Whether there was competent evidence of an agreement not to sue as part of the plea bargain | Jones: No legally competent evidence of an oral agreement; trial court misapplied law and Employers Liability controls | Bohn: ADA’s testimony and Grazier transcript show Jones agreed orally not to pursue civil claims | Held: Trial court properly credited Commonwealth’s evidence and found an oral agreement not to sue; complaint dismissed |
| Whether unsworn statements at the hearing undermined the court’s factual findings | Jones: (argued overall trial defects) | Bohn: Hearing evidence supported plea‑term despite procedural irregularity | Held: Superior Court noted unsworn testimony was error but Jones failed to object at trial and waived the claim; appellate court proceeded to treat statements as testimony |
| Whether challenges to plea validity or counsel’s effectiveness could be raised in this civil action | Jones: Contested plea terms and counsel’s performance, relied on Employers Liability precedent | Bohn: Such challenges belong in criminal proceedings, not in a civil defense based on plea terms | Held: These collateral attacks are not properly before the civil court; plea terms may be enforced and Employers Liability is inapplicable |
Key Cases Cited
- Tecce v. Hally, 106 A.3d 728 (Pa. Super. 2014) (unsworn testimony is not testimony and failure to administer oath can be waived if not objected to)
- Commonwealth ex rel. Freeman v. Superintendent of State Corr. Inst., 242 A.2d 903 (Pa. Super. 1968) (oath requirement for testimony)
- Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998) (procedure for a defendant representing himself and waiver of counsel)
- Freundlich & Littman, LLC v. Feierstein, 157 A.3d 526 (Pa. Super. 2017) (standard of review for sustaining preliminary objections)
- Richmond v. McHale, 35 A.3d 779 (Pa. Super. 2012) (preliminary‑objections dismissal standard)
- Employers Liability Assurance Corp. v. Greenville Bus. Men’s Ass’n, 224 A.2d 620 (Pa. 1966) (exculpatory‑clause enforcement in civil contracts; held inapplicable here)
- Commonwealth v. Duffey, 639 A.2d 1174 (Pa. 1994) (criminal plea withdrawal and limits on collateral civil attacks)