The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of Pennsylvania, v. Kierra Jo Heist
Wednesday, September 28, 2022 11:12
Commonwealth of Pennsylvania, v. Kierra Jo Heist Criminal Action-Constitutional Law-Due Process-Driving Under the Influence-Enhanced Sentencing Provisions-Prior Conviction-Accelerated Rehabilitative Disposition Placement-Proof of Prior Conviction Beyond a Reasonable Doubt at Sentencing Kierra Jo Heist (“Defendant”) was charged with two (2) counts of Driving under the Influence (“DUI”) as a first offense following a motor vehicle accident. The Commonwealth subsequently amended […]
Karen Garcia, v. Radha Holdings, LLC, Midlang Hospitality LLC, Choice Hotels International, Inc., Days Inns Worldwide, Inc., Wyndham Hotels and Resorts, LLC and Days Inn, Lebanon
Wednesday, September 28, 2022 11:11
Karen Garcia, v. Radha Holdings, LLC, Midlang Hospitality LLC, Choice Hotels International, Inc., Days Inns Worldwide, Inc., Wyndham Hotels and Resorts, LLC and Days Inn, Lebanon Civil Action-Law-Negligence-Personal Injury-Fall on Stairs in Hotel-Discontinuance as to Less than all Defendants-Franchise Agreement-Ownership Interest in Hotel Karen Garcia (“Plaintiff”) filed a Complaint alleging that her minor child suffered severe injuries after […]
North Cornwall Township, v. George D. Konevitch and Margaret M. Konevitch
Wednesday, September 28, 2022 11:07
North Cornwall Township, v. George D. Konevitch and Margaret M. Konevitch Civil Action-Municipal Law-Nuisance-Bamboo Migration-Neighboring Property-Stream-Municipal Lien-Writ of Scire Facias-Summary Criminal Charges-Notice Requirements North Cornwall Township (“Plaintiff”) filed a Municipal Claim for Delinquent Municipal Charges against George D. and Margaret M. Konevitch (“Defendants”) for expenses incurred for removal of bamboo that migrated from their property and obstructed a […]
Commonwealth of Pennsylvania v. Christopher Coleman
Wednesday, September 28, 2022 11:04
Commonwealth of Pennsylvania v. Christopher Coleman Criminal Action-Law-Driving Under the Influence-Sentencing-Accelerated Rehabilitative Disposition-Summary Offenses-Doctrine of Merger-Exgungement Christopher Coleman (“Defendant”) was accepted by the Court into the Accelerated Rehabilitative Disposition (“ARD”) program with regard to Driving Under the Influence charges with a condition that the charged summary offenses merged for sentencing purposes. Defendant successfully completed the ARD program, after […]
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 […]