records to justify presumption in Pennsylvania

2026“As long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness for the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence.” Boyle v. Steiman, 631 A.2d 1025, 1032-33 (Pa. Super. 1993).

2023“As long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness for the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence.” Boyle v. Steiman, 631 A.2d 1025, 1032-33 (Pa. Super. 1993).

2026For purpose of the business records exception, a “qualified person” is an individual who is able to “provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness[.]” Keystone Dedicated Logistics, LLC v. JGB Enter., Inc., 77 A.3d 1, 13 (Pa. Super. 2013) (original quotation marks and citation omitted); see also In re Indyk’s Est., 413 A.2d 371, 373 (Pa. 1979).

2024“While a qualified witness need not have personal knowledge, the individual must be able to ‘provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness…’” Carlini, supra at 641 (quoting Keystone Dedicated Logistics, LLC v. JGB Enterprises, Inc., 77 A.3d 1, 13 (Pa.Super. 2013)).

2026To establish “circumstantial trustworthiness” of documents under the business records exception, the proponent needs to have an “authenticating witness [who] can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness of the business records of a company.” In re Indyk’s Estate, 413 A.2d 371, 373 (Pa. 1979).

2026For purpose of the business records exception, a “qualified person” is an individual who is able to “provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness[.]” Keystone Dedicated Logistics, LLC v. JGB Enter., Inc., 77 A.3d 1, 13 (Pa. Super. 2013) (original quotation marks and citation omitted); see also In re Indyk’s Est., 413 A.2d 371, 373 (Pa. 1979).

2025First Ward Republican Club of Phila. v. Pa. Liquor Control Bd., 11 A.3d 38, 45 (Pa. Cmwlth. 2010) (emphasis in original).

2025Id. 11 A.3d at 45-46 (emphasis added).

2018"As long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness for the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence." Pautenis , supra at 401 (citation omitted).

2018In response, Conestoga argues for admissibility of the invoices under an exception to the hearsay rule known as "Records of a Regularly Conducted Activity." Conestoga's Brief at 26 (citing Pa.R.E. 803(6) ). 6 According to Conestoga, Attorney Clemm was "an authenticating witness" who provided "sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness for the business records of a company." Id. (citing U.S. Bank, N.A. v. Pautenis , 118 A.3d 386 , 401 (Pa. Super. 2015) ).

2025Instead, “[a]s long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness of the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence.” Commonwealth v. Nabried, 327 A.3d 315 , 322 (Pa. Super. 2024) (quoting Commonwealth v. McEnany, 732 A.2d 1263, 1272 (Pa. Super. 1999)).

2024Instead, “[a]s long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness of the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence.” Id. (citations omitted).

2024Id. at 486 (citation omitted).

2024Thus, “the import of the Act is to require that the basic integrity of the record-keeping is established,” and “as long as someone in the organization has personally observed the event recorded, the evidence should be admitted.” Bayview Loan Servicing, supra at 562 , 206 A.3d at 484 (internal quotation marks omitted). - 23 - J-S32045-24 Instantly, in support of its claim for attorneys’ fees, Amres submitted redacted bills and invoices from its prior law firms and current counsel in the form of an affidavit.

2018Id. at 11 (quoting Commonwealth v. Wood, 432 Pa.Super. 183 , 637 A.2d 1335 , 1350 (1994) (ellipses supplied).

2014Moreover, the law does not require that a witness qualifying business records even have personal knowledge of the facts reported . . . [as] long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness[.] - 15 - J-S37017-14 T.C.O. at 9, quoting Wood, 637 A.2d at 1350 .

2019Bayview Loan Servicing, LLC v. Wicker, 163 A.3d 1039, 1048 (Pa. Super. 2017) (quoting Boyle v. Steinman, 631 A.2d 1025, 1032-33 (internal citations omitted)).

2018Bayview Loan Servicing LLC v. Wicker, 163 A.3d 1039, 1048 (Pa. Super. 2017) (quoting Boyle v. Steiman, 631 A.2d 1025, 1032-33 (Pa. Super. 1993)).

2024“While a qualified witness need not have personal knowledge, the individual must be able to ‘provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness…’” Carlini, supra at 641 (quoting Keystone Dedicated Logistics, LLC v. JGB Enterprises, Inc., 77 A.3d 1, 13 (Pa.Super. 2013)).

2024Although documents may be authenticated by a custodian who did not prepare them, the qualified witness must still “provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness.” Carlini, supra at 641 .

2019As applied in the debt collection arena, the Wickers favor the Superior Court's decisions in Pautenis and Commonwealth Financial Systems, Inc. v. Smith (CFS) , 15 A.3d 492 (Pa. Super. 2011), which they view as requiring witnesses authenticating business records to have personal knowledge of the prior servicer's record-keeping practices.

2013We find guidance in this Court’s recent decision in Commonwealth Financial Systems, Inc. v. Smith, 15 A.3d 492, 499 (Pa.Super.2011).

2025In Paey Associates v. Pennsylvania Liquor Control Board, 78 A.3d 1187, 1195 (Pa. Cmwlth. 2013), the Court reviewed First Ward Republican Club and found another example of how a qualifying witness can provide sufficient information relating to the preparation and maintenance of the records to justify the presumption of trustworthiness for the business records exception: “Based upon the 2 - MSW above rule, if the testifying officer responded to the events described in the police report, prepared or reviewed the reports, and the reports were maintained by the department in the regular course of b

2025In Paey Associates v. Pennsylvania Liquor Control Board, 78 A.3d 1187, 1195 (Pa. Cmwlth. 2013), the Court reviewed First Ward Republican Club and found another example of how a qualifying witness can provide sufficient information relating to the preparation and maintenance of the records to justify the presumption of trustworthiness for the business records exception: “Based upon the 2 - MSW above rule, if the testifying officer responded to the events described in the police report, prepared or reviewed the reports, and the reports were maintained by the department in the regular course of b

2022Bank v. Rao, 201 A.3d 784, 789 (Pa.Super. 2018) (quoting Keystone Dedicated Logistics, LLC v. JGB Enters., Inc., 77 A.3d 1, 13 (Pa.Super. 2013)) (alteration in original).

2019“To maintain a cause of action in breach of contract, a plaintiff must establish: (1) the existence of a contract, including its essential terms; (2) a breach of a duty imposed by the contract; and (3) resulting damages.” Lackner v. Glosser, 892 A.2d 21, 30 (Pa.Super. 2006) (citing Gorski v. Smith, 812 A.2d 683, 692 (Pa.Super. 2002), appeal denied, 579 Pa. 692 , 856 A.2d 834 (2004)).

2019“To maintain a cause of action in breach of contract, a plaintiff must establish: (1) the existence of a contract, including its essential terms; (2) a breach of a duty imposed by the contract; and (3) resulting damages.” Lackner v. Glosser, 892 A.2d 21, 30 (Pa.Super. 2006) (citing Gorski v. Smith, 812 A.2d 683, 692 (Pa.Super. 2002), appeal denied, 579 Pa. 692 , 856 A.2d 834 (2004)).

2006In re Indyk’s Estates, supra, at 573, 413 A.2d at 373 .” Id, 429 Pa. Super, at 15, 631 A.2d at 1032-33 (1993), allocatur denied, 538 Pa. 663 , 649 A.2d 666 (1994); see also, Commonwealth v. McEnany, 732 A.2d 1263, 1272 (Pa. Super. 1999); Peled v. Meridian Bank, 710 A.2d 620, 625 (Pa. Super. 1998); Fordham v. PennDOT, 663 A.2d 868, 872 (Pa. Commw. 1995); Commonwealth v. Wood, 432 Pa. Super. 183, 212-13 , 637 A.2d 1335, 1349-50 (1994); Campbell v. Royal Indemnity Company of New York, 256 Pa. Super. 312 , 389 A.2d 1139 (1978).

2006In re Indyk’s Estates, supra, at 573, 413 A.2d at 373 .” Id, 429 Pa. Super, at 15, 631 A.2d at 1032-33 (1993), allocatur denied, 538 Pa. 663 , 649 A.2d 666 (1994); see also, Commonwealth v. McEnany, 732 A.2d 1263, 1272 (Pa. Super. 1999); Peled v. Meridian Bank, 710 A.2d 620, 625 (Pa. Super. 1998); Fordham v. PennDOT, 663 A.2d 868, 872 (Pa. Commw. 1995); Commonwealth v. Wood, 432 Pa. Super. 183, 212-13 , 637 A.2d 1335, 1349-50 (1994); Campbell v. Royal Indemnity Company of New York, 256 Pa. Super. 312 , 389 A.2d 1139 (1978).

1979See generally Uitts v. General Motors Corp., 411 F.Supp. 1350 (E.D.Pa.1974), aff’d. 513 F.2d 626 (3d Cir. 1975); Commonwealth v. Kelly, 245 Pa.Super. 351 , 369 A.2d 438 (1976); Poltorak v. Sandy, 236 Pa.Super. 355 , 345 A.2d 201 (1975); Hinkle v. Unemployment Compensation Board, 9 Pa.Cmwlth. 512 , 308 A.2d 173 (1973).