The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of PA vs. Stephen Strawn No. CP-38-CR-0001996-2017
Wednesday, February 27, 2019 10:00
Criminal Action-Constitutional Law-Omnibus Pretrial Motion-Suppression of Evidence-Vehicle Stop-Speeding-Observation of Law Enforcement-Probable Cause-Improper Turn Defendant filed an Omnibus Pretrial Motion to Suppress Evidence after he was charged with Driving Under the Influence and related charges on the basis that the police officer lacked probable cause to effectuate a stop of his vehicle based upon the police officer’s estimate of the speed […]
Bernadette F. Trostle v. Charles W. Trostle No. 2014-50073
Wednesday, February 20, 2019 10:00
Civil Action-Family Law-Child Support-Exceptions-Calculation of Income-Overtime Pay-Multiple Families-Earning Capacity Charles W. Trostle (“Father”) filed Exceptions to the Report and Recommendation of the Domestic Relations’ Master entered regarding support of his three (3) children with Bernadette F. Trostle (“Mother”). In his Exceptions, Father asserted that the Domestic Relations Master erred by including overtime pay in the calculation of his income because […]
Commonwealth vs. Neubert No. CP-38-CR-0002178-2017
Wednesday, February 13, 2019 10:00
Criminal Action-Law-Domestic Violence-Simple Assault-Strangulation-Uncooperative Victim-Writ of Habeas Corpus-Preliminary Hearing-Rules of Evidence-Prima Facie Case Defendant, who was charged with offenses including Strangulation and Simple Assault relating to an alleged assault of his girlfriend, filed a Motion for Writ of Habeas Corpus after the victim recanted a statement provided and failed to cooperate in the prosecution of the case. 1. In assessing […]
Duane Lowshaw Jr. v. James Miller and Chocolate Town Associates No. 2016-01010
Wednesday, January 9, 2019 10:00
Civil Action-Law-Real Property-Landlord Tenant-Negligence-Slip and Fall-Snow-Ice-Motion for Summary Judgment-Failure to Join Indispensable Party-Entireties Property Plaintiff entered into a residential lease agreement with Defendant James E. Miller (“Miller”) to rent an apartment owned by Miller and another individual. Plaintiff filed a Complaint in Negligence for injuries sustained after he slipped and fell on snow and ice on the driveway of the […]
Commonwealth of PA vs. Victor Verdekal No. CP-38-CR-0000225-2010
Wednesday, January 2, 2019 10:00
Criminal Action-Law-Sentencing-Bail Pending Appeal-Delay in Execution of Sentence-Due Process-Prejudice Defendant, who had a history of exemplary military service and was found guilty by a jury of a fourth Driving Under the Influence Conviction in five (5) years, was sentenced on September 4, 2011 to an intermediate punishment disposition of five (5) years whereby the first one-hundred (100) days of that […]
Bashore v. The Good Samaritan Hospital of Lebanon PA No. 2009-00078
Wednesday, December 26, 2018 10:00
Civil Action-Law-Medical Malpractice-Stroke-Administration TPA Infusion-Direct Corporate Negligence-Vicarious Liability-Stipulation to Discontinue Action-Motion to Strike Off Discontinuance-Mistake-Prejudice Plaintiffs filed a medical malpractice action including allegations of direct corporate negligence and vicarious liability after Plaintiff Sandra K. Bashore (“Bashore”) had undergone elective knee surgery the day before, was found unresponsive and suffered a stroke while a patient in Defendant’s facility. Following discovery and […]
Commonwealth of PA vs. Stacy Hetrick No. CP-38-CR-0000291-2009
Wednesday, December 19, 2018 10:00
Criminal Action-Constitutional Law-Speedy Trial Rights-Delay-Bail-Fugitive Status-Reasonable Notice-Obligation to Appear-Due Diligence Defendant, who was charged with Forgery via Criminal Complaint filed on January 9, 2009, was the subject of a bench warrant that was issued on May 21, 2009 when she failed to appear at Call of the List as directed and was apprehended on that bench warrant more than eight […]
Melissa Ann Lighty vs. Dennis Emerson Kell No. 2016-01342
Wednesday, December 12, 2018 10:00
Civil Action-Equity-Partition-Cohabitating Couple-Division of Jointly Owned Property-Tenants in Common-Credits The parties, who lived together as a romantic couple for approximately five (5) years, commenced an action in equity seeking partition of jointly owned property and credit for monies expended during the time they lived together. 1. The protections afforded to married couples are not applicable to unmarried couples. 2. The […]
Commonwealth of PA vs. Anthony Gambles No. CP-38-CR-0002075-2017
Wednesday, December 5, 2018 10:00
Criminal Action-Law-Sentencing-Guilty Plea-Discretion of the Court-Hearsay Information-Affidavit of Probable Cause Defendant, who pled guilty to two (2) counts of Simple Assault relating to his assault of his significant other and her two (2) year old toddler son pursuant to a plea agreement calling for the imposition of a probationary sentence, filed a Post Sentence Motion to Modify Sentence, asserting that […]
Steven Day, as parent and natural guardian of Georgia Day, a minor, v. Paramount Sports Complex, Inc., v. Michelle and Steven Day No. 2017-00910
Wednesday, November 7, 2018 13:10
Civil Action-Law-Negligence-Injury to Minor-Gymnastics Class-Joinder-Preliminary Objections-Indemnification and Hold Harmless Clause Seven (7) year old Plaintiff Georgia Day (“Georgia”) fractured her arm while performing a maneuver on the uneven parallel bars during a gymnastics class offered at Defendant Paramount Sports Complex, Inc (“Paramount”). Plaintiff Steven Day filed a Complaint in Negligence on behalf of Georgia against Paramount. Paramount filed an Answer […]