The following are the judicial opinions as published in the Lebanon County Legal Journal.
Digna Fuentes Merino, v. Repak B.V. and Robert Reiser & Co., Inc.
Wednesday, September 28, 2022 10:51
JUDGE’S OPINION Digna Fuentes Merino, v. Repak B.V. and Robert Reiser & Co., Inc. Civil Action-Constitutional Law-Negligence-Products Liability-Preliminary Objections-Personal Jurisdiction-Foreign Corporation-Long Arm Statute-Due Process-General Jurisdiction-Specific Jurisdiction Digna Fuentes Merino (“Plaintiff”) filed a Complaint in Negligence, Strict Liability and Breach of Warranty against Defendants, alleging that she injured her finger while working using a meat packaging machine manufactured […]
John D. Derfler and Monique A. Derfler, husband and wife, and Tom Murphy and Barbara A. Murphy, husband and wife, v. City of Lebanon, City of Lebanon Department of Public Safety, Duane Trautman, Director of Public Safety, Sherry Capello, Mayor, and Council of the City of Lebanon
Wednesday, September 28, 2022 10:48
JUDGE’S OPINION John D. Derfler and Monique A. Derfler, husband and wife, and Tom Murphy and Barbara A. Murphy, husband and wife, v. City of Lebanon, City of Lebanon Department of Public Safety, Duane Trautman, Director of Public Safety, Sherry Capello, Mayor, and Council of the City of Lebanon Civil Action-Law-Mandamus-Property Damage-Fire-Escrowed Fire Insurance Proceeds-Return to Insured-Motion for […]
Commonwealth of Pennsylvania v. $12,132.00 U.S. Currency
Wednesday, June 15, 2022 14:12
JUDGE’S OPINION Commonwealth of Pennsylvania v. $12,132.00 U.S. Currency Civil Action-Law-Forfeiture of Funds-Criminal Violation-Search of Vehicle-Discovery-Applicability of the Pennsylvania Rules of Civil Procedure The Commonwealth filed a Petition for Forfeiture of funds present in a vehicle operated by Destini Reon Allen (“Allen”) that were seized along with controlled substances during a traffic stop. The Commonwealth filed Interrogatories […]
Lakeview Loan Servicing LLC, v. Kelly Marie Bower & Kevin Ray Bower
Wednesday, June 15, 2022 11:13
JUDGE’S OPINION Lakeview Loan Servicing LLC, v. Kelly Marie Bower & Kevin Ray Bower Civil Action-Property Law-Mortgage Foreclosure-Default Judgment-Reassessment of Damages-Real Party in Interest-Standing-Assignment of Mortgage Agreement Kelly Marie Bower and Kevin Ray Bower (“Defendants”) purchased a property subject to a mortgage agreement executed by Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Network, Inc. Following […]
Commonwealth of Pennsylvania v. Christopher Bush
Wednesday, June 8, 2022 10:42
JUDGE’S OPINION Commonwealth of Pennsylvania v. Christopher Bush Criminal Action-Constitutional Law-Omnibus Pretrial Motion-Suppression of Evidence-Fourth Amendment-Vehicle Stop-Knowledge of Suspension of Operator Privileges by Law Enforcement-Reasonable Suspicion-Vehicle Code Violation-Fifth Amendment-Miranda Rights-Failure to Advise-Custodial Interrogation-Handcuffed Individual Christopher Bush (“Defendant”) was charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., and […]
Lebanon Transit, v. Rental Finance Corporation
Wednesday, May 11, 2022 9:34
JUDGE’S OPINION Lebanon Transit, v. Rental Finance Corporation Civil Action-Law-Motor Vehicle Accident-Default Judgment-Incorrect Identification of a Party-Motion to Amend Identification of Party-Statute of Limitations-Reasonable Diligence-Sanctions-Dilatory, Vexatious and Obdurate Conduct-Reasonable Counsel Fees This action arises out of a traffic accident in which it is alleged that a vehicle owned and leased by Rental Finance Corporation (“Defendant”) struck a vehicle […]
Ernest E. Thomas, Jr., v. Lebanon County District Attorney and Open Records Officer
Tuesday, May 3, 2022 20:34
JUDGE’S OPINION Ernest E. Thomas, Jr., v. Lebanon County District Attorney and Open Records Officer Civil Action-Administrative Law-Right-to-Know Law-Grant Documentation-Existence of Documentation-Bad Faith Ernest E. Thomas, Jr., (“Plaintiff”) filed a Motion for Default Judgment and Appeal pursuant to the Right-to-Know Law that denied his request for records pertaining to a Child Abuse Response Team grant that he alleged […]
Nicholas J. Blair, v. Dawn M. Fessler
Wednesday, April 27, 2022 9:01
JUDGE’S OPINION Nicholas J. Blair, v. Dawn M. Fessler Civil Action-Family Law-Support-Income-Bonus Income-Shared Physical Custody-Effect Upon Support-Discretion of the Court The parties are parents of two (2) teenage daughters, the youngest over whom they share equal physical custody. Nicholas J. Blair (“Father”) has primary physical custody of the older daughter with Dawn M. Fessler (“Mother”) enjoying physical custody […]
Jennifer L. Felker, v. Christopher T. Felker
Wednesday, April 20, 2022 10:19
JUDGE’S OPINION Jennifer L. Felker, v. Christopher T. Felker Civil Action-Family Law-Support-50/50 Shared Physical Custody Arrangement-Disability-Social Security Derivative Benefits-Due Process-Deviation-Unusual Expenses The parties share equal physical custody of their four (4) children. Jennifer L. Felker (“Mother”) had been paying Christopher T. Felker (“Father”) a monthly support amount as directed by the Court. After Mother was awarded Social Security […]
Margaret A. Tanner, v. East Hanover Township Zoning Hearing Board
Wednesday, April 13, 2022 9:48
JUDGE’S OPINION Margaret A. Tanner, v. East Hanover Township Zoning Hearing Board Civil Action-Property Law-Zoning-Violation-Subsequent Ordinance-Charitable Animal Rescue-Estoppel-Ex Post Facto Law-Continuing Nonconforming Use-Sufficiently Similar Use Margaret A. Tanner (“Appellant”) has maintained pasture and outbuildings for the non-profit/volunteer rescue of horses at her residential property since 2002 without objection. On June 29, 2020, East Hanover Township issued citations for […]