The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of Pennsylvania v. Dimico D. Davenport, Sr.
Tuesday, October 3, 2023 16:25
Commonwealth of Pennsylvania v. Dimico D. Davenport, Sr., Criminal Action-Constitutional Law-Search and Seizure-Items in Bag and on Person-Fourth Amendment-Fifth Amendment-Omnibus Pretrial Motion-Suppression of Evidence-Investigative Detention-Reasonable Suspicion of Criminal Activity-Custodial Detention-Probable Cause-Totality of the Circumstances-Right Against Self-Incrimination Dimico D. Davenport, Sr., (“Defendant”) was charged with one (1) count of Possession of Drug Paraphernalia after law enforcement responded to a […]
Luz Rosario Duran v. Pedro Santana Garcia
Tuesday, September 5, 2023 13:16
Luz Rosario Duran v. Pedro Santana Garcia Civil Action-Law-Motor Vehicle Accident-Injuries-Insurance Coverage-Limited Tort-Recovery Permitted-Serious Injury-Summary Judgment-Issue of Fact-Discretion of the Jury A Complaint was filed alleging that Luz Rosario Duran (“Plaintiff”) experienced back pain following a motor vehicle accident whereby the vehicle in which she was riding as a passenger was struck in the rear by a vehicle […]
Commonwealth of Pennsylvania, v. William Culbreath
Tuesday, August 29, 2023 15:11
Commonwealth of Pennsylvania, v. William Culbreath Criminal Action-Law-Criminal Homicide-Motion in Limine-Evidence-Admissibility-Prior Bad Acts-Proof of Character-Credibility-Conviction of False Identification to Law Enforcement-Uncharged Criminal Activity-Parole Status-Consciousness of Guilt-Flight-Motive-Prejudice-Reference to Decedent at Trial as “the Victim”-Right to Confrontation-Availability of Witness-Illness of Witness William Culbreath (“Defendant”) was charged with First Degree Murder relating to the stabbing death of Travis Farrell (“Farrell”) outside […]
Commonwealth of Pennsylvania, v. Amy Felty
Wednesday, August 23, 2023 10:42
Commonwealth of Pennsylvania, v. Amy Felty Criminal Action-Constitutional Law-Search and Seizure-Omnibus Pretrial Motion-Vehicle Stop-License Plate Query-Reasonable Suspicion Amy Felty (“Defendant”) filed an Omnibus Pretrial Motion seeking to suppress evidence resulting from a situation in which a law enforcement officer queried the license plate number of the vehicle she was operating without observing any Vehicle Code violations. The query […]
Maria Garcia, Administratix of the Estate of B.G., v. Aman Soin and Kevin’s Towing and Repair, LLC
Tuesday, August 15, 2023 13:43
Maria Garcia, Administratix of the Estate of B.G., v. Aman Soin and Kevin’s Towing and Repair, LLC Civil Action-Law-Wrongful Death-Death of Child-Vehicle Collision-Discovery-Scope-Relevance-Disclosure-Lost Future Earning Capacity-Records of Parents-Medical Records-Educational Records-Employment Records Maria Garcia (“Plaintiff”) filed a wrongful death and survival action against Aman Soin (“Defendant”) after her eleven (11) year old son (“Decedent”) died as a result of […]
Richard Miller, v. Waste In Time, Inc., Sean Welling, Julie Welling and Zachary Gilbert
Tuesday, August 1, 2023 14:34
Richard Miller, v. Waste In Time, Inc., Sean Welling, Julie Welling and Zachary Gilbert Civil Action-Negligence-Injury to Employee-Trash Truck-Motor Vehicle Accident-Punitive Damages-Intoxication of Vehicle Operator-Corporate Liability-Piercing the Corporate Veil Richard Miller (“Plaintiff”) filed a Complaint alleging that he was injured when a trash truck owned by Waste In Time, Inc. (“Employer”) was operated by Zachary Gilbert (“Gilbert”) in […]
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 […]