The following are the judicial opinions as published in the Lebanon County Legal Journal.
Sidney Hostetter and Evelyn Koppel, his Wife, v. South Londonderry Township Zoning Hearing Board, Corey Andrew and Anne Andrew, his Wife
Wednesday, July 5, 2023 11:57
Sidney Hostetter and Evelyn Koppel, his Wife, v. South Londonderry Township Zoning Hearing Board, Corey Andrew and Anne Andrew, his Wife Civil Action-Property Law-Zoning-Variance-Petition to Stay Pending Land Use Appeal-Likely to Prevail on Merits-Irreparable Injury-Substantial Harm to Interested Parties-Adverse Impact to the Public Corey and Anne Andrew (“the Andrews”) filed a request seeking a variance from requirements of […]
B & B Capital, LLC, v. Kenneth L. Kreitz, Jr.
Wednesday, June 28, 2023 11:55
B & B Capital, LLC, v. Kenneth L. Kreitz, Jr., Civil Action-Property Law-Mortgage Foreclosure-Real Estate Taxes-In Rem Judgment-Sheriff Upset Sale-Surplus Proceeds-Distribution-Real Estate Tax Sale Law-Principles of Equity The Lebanon County Sheriff’s Department filed a Motion seeking disposition of funds resulting from a Sheriff sale that exceeded the amount of the mortgage and real estate tax delinquency amounts owed […]
North Cornwall Township, v. George D. Konevitch and Margaret M. Konevitch
Tuesday, June 13, 2023 14:27
North Cornwall Township, v. George D. Konevitch and Margaret M. Konevitch Civil Action-Municipal Law-Municipal Claim and Lien-Appeal-Concise Statement of Matters Complained of on Appeal-Timeliness-Nunc Pro Tunc Relief-Extraordinary Circumstances-Breakdown in the Process-Illness-COVID-19 Infection-Hospitalization The Court affirmed a municipal claim and lien issued by North Cornwall Township (“the Township”) upon property owned by George D. Konevitch and Margaret M. Konevitch […]
Commonwealth of Pennsylvania, v. Robert Kennedy
Wednesday, June 7, 2023 10:51
Commonwealth of Pennsylvania, v. Robert Kennedy Criminal Action-Constitutional Law-Search and Seizure-Traffic Stop-Reasonable Suspicion-Investigative Detention-Random Vehicle License Plate Number Query-Suspended Operator’s Privilege of Owner Robert Kennedy (“Defendant”) was charged with Driving While Under a Driving Under the Influence Suspended License after a law enforcement officer queried the license plate number of the vehicle he was operating even though the […]
Leslie Bowman, v. Scott Bowman
Wednesday, May 10, 2023 11:36
Leslie Bowman, v. Scott Bowman Civil Action-Family Law-Domestic Relations-Child Support-Authority of Domestic Relations Master-Earning Capacity-Disability Pension-Admissibility-Physician Verification Statement-Hearsay-Medical Records Exception-Rest as Treatment-Childcare Expenses Scott Bowman (“Father”) filed Exceptions to the Order adopting the Report and Recommendation of the Domestic Relations Master directing the payment of support for the parties’ two (2) children. In Father’s Exceptions, Father asserted that […]
In Re: Estate of Patricia A. Gundrum, Deceased
Wednesday, May 3, 2023 12:50
In Re: Estate of Patricia A. Gundrum, Deceased Civil Action-Estate Law-Testate Decedent-Objections to Final Accounting-Failure to Include Property as Part of Estate-Distribution of Assets-Auditor-Standard of Review-Surcharge-Estate Mismanagement-Discretion of Executor Beneficiaries of the Estate of Patricia A. Gundrum, who died testate on July 15, 2019, filed Objections to the First and Final Accounting filed by the Executor on the […]
Terri L. Mease, v. Randall E. Mease
Tuesday, April 25, 2023 15:02
Terri L. Mease, v. Randall E. Mease Civil Action-Family Law-Divorce-Marriage Settlement Agreement-Oral Agreement-Enforceability-Agreement not to Seek Support or Alimony-Contract Law-Essential Terms-Conduct and Intent of the Parties Terri L. Mease (“Wife”) filed a Complaint seeking spousal support, alimony and alimony pendente lite after the eighteenth birthday and graduation of the parties’ two (2) children who resided with Randall E. […]
Alan McIntyre, v. Weaber, Inc., d/b/a Choicewood, v. Elwood Staffing, Inc.,
Wednesday, April 19, 2023 14:47
Alan McIntyre, v. Weaber, Inc., d/b/a Choicewood, v. Elwood Staffing, Inc., Civil Action-Law-Employment-Criminal History Record Information Act Violation-Criminal Background Check-Preliminary Objections-New Matter-Affirmative Defenses-Sufficiency of Pleading-Joinder of Additional Defendant Alan McIntyre (“Plaintiff”) filed a Complaint asserting that he had been placed in a temporary position as a lumbar handler with Weaber, Inc., d/b/a Choicewood (“Weaber”) by Elwood Staffing, Inc. […]
Landmark Builders, Inc., v. North Lebanon Township Zoning Hearing Board
Wednesday, April 12, 2023 11:15
Landmark Builders, Inc., v. North Lebanon Township Zoning Hearing Board Civil Action-Constitutional Law-Land Use-Municipal Law-Zoning-Abuse of Discretion-Special Exception-Apartment Buildings-Building Height-Dimensional Variance-Access Driveways Landmark Builders, Inc., (“Landmark”) submitted an application with the North Lebanon Township Zoning Hearing Board (“Zoning Hearing Board”) seeking a special exception relating to heights of buildings and a dimensional variance for construction of roadways for […]
Commonwealth of Pennsylvania, v. Lindley Thelismond
Wednesday, April 5, 2023 14:06
Commonwealth of Pennsylvania, v. Lindley Thelismond Criminal Action-Law-Criminal Homicide-Shooting-Evidence-Motion in Limine-Admissibility-Pa.R.E. Rule 404-Prior Bad Acts-Character-Gang Affiliation-Drug Related Activities-Probative Value-Prejudicial Effect Lindley Thelismond (“Defendant”) was charged with one (1) count of Criminal Homicide relating to the shooting death of a victim at a home belonging to an eyewitness to the shooting. Defendant filed a Motion in Limine requesting preclusion […]