Johnson v. Stuenzi

I join in the holding and rationale as set forth by the the majority. I write separately only to note that, while the majority does not set forth the respective burdens of proof applicable under its analysis, I assume the majority is adopting the “shifting burden” approach articulated by the federal district court in Bywaters v. Bywaters, 721 F.Supp. 84 (E.D.Pa.1989), affirmed, 902 F.2d 1559 (3d Cir.1990). Under the Bywaters analysis, a plaintiff must establish, by a preponderance of the evidence, that the defendant is no longer a resident of Pennsylvania for purposes of § 5532(a). Once…