The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of PA vs. Joel Plaza No. CP-38-CR-0000935-2017
Wednesday, October 31, 2018 10:00
Criminal Action-Law-Constitutional Law-Drug Related Charges-Possession with Intent to Deliver-Miranda Rights-Voluntariness of Waiver-Consent to Search-Voluntariness of Consent-Prima Facie Case Defendant, who was charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., including Possession with Intent to Deliver (“PWID”) relating to his presence in a kitchen in front of a pot of boiling […]
Snyder vs. Overdier No. 1997-5-0206 and Cruz vs. Overdier No. 2005-5-0502
Wednesday, October 24, 2018 10:00
Civil Action-Family Law-Child Support-Enforcement-Arrearages-Seizure of Assets-Accounts in Financial Institutions-Objection-Authority of the Court-Exigent Circumstances-Employer Error-Wage Attachment The Lebanon County Domestic Relations Office froze assets in a checking account owned by Brandyn M. Overdier (“Father”), who largely had complied with his child support obligation owed to Jennifer Sue Snyder (“Mother”) and had not significantly complied with his support Order owed to another […]
Commonwealth of PA vs. Brett Anthony Karmey and Gregory Teeter No. CP-38-CR-0001135-2017 and CP-38-CR-0001136-2017
Wednesday, October 17, 2018 10:10
Criminal Action-Constitutional Law-Burglary-Search Warrant-Hotel Room-Fourth Amendment-Probable Cause-Affidavit of Probable Cause-Discretion of Magisterial District Judge Defendants, who were in the Lebanon area to work on pipeline construction and were charged with Criminal Conspiracy, Possession of an Instrument of Crime and violations of the Controlled Substance, Drug Device and Cosmetics Act related to their role in Burglary of a drug store, filed […]
Ehler and Ehler vs. Old Dominion Freight Line et al. No. 2018-00307
Wednesday, October 10, 2018 10:04
Civil Action-Law-Preliminary Objections-Demurrer-Motor Vehicle Accident-Tractor Trailer-Use of Cellular Device-Recklessness-Punitive Damages In a case arising out of a sixty-four (64) vehicle motor vehicle accident on Interstate 78 occurring on February 13, 2016, Plaintiffs allege in their Amended Complaint seeking punitive damages that Defendants Estate of Alfred D. Kinnick, Dec’d., (“Kinnick”) and Kinnick’s employer, Penske Truck Leasing Co., and L.P., Penske Truck […]
KNG Lincoln Properties vs. Zoning Hearing Board of South Lebanon Township vs. South Lebanon Township No. 2014-01264
Wednesday, October 3, 2018 10:00
Civil Action-Law-Property Use-Zoning-Zoning Hearing Board Discretion-Renovation of Deteriorated Structure-Residential District-Retail and Commercial Uses-Substantial Evidence-Increased Traffic-Road Topography KNG Lincoln Properties, LLC, (“Appellant”) purchased a property previously used for sales and manufacturing purposes in which the structures had deteriorated in a medium density residential district and requested permission to renovate and to subdivide the structure for use by seven (7) tenants, as […]
Lutz vs. Lutz and Wolfe No. 2017-01376
Wednesday, September 5, 2018 10:00
Civil Action-Law-Estate Administration-Ejectment-Judgment on the Pleadings-Powers of Personal Representative-Possession of Real Property of Decedent by Beneficiary-Defective Pleading The parties are residual beneficiaries of the Estate of Woodrow W. Lutz (“Decedent”). Bruce Lutz, Sr., (“Plaintiff”) as Executor of that Estate, filed a Complaint in Ejectment against Defendants seeking possession of real property owned by Decedent. Linda L. Wolfe (“Defendant Wolfe”) filed […]
Commonwealth of PA vs. Steven Caraballo No. CP-38-CR-0000825-2017
Wednesday, August 29, 2018 10:00
Criminal Action-Law-Constitutional Law-Fifth Amendment-Double Jeopardy-Drug Related Offenses-Corrupt Organizations Defendant, who was prosecuted, convicted and sentenced in 2016 at four (4) actions numbers for delivery of crack cocaine and subsequently was charged with the offenses of Corrupt Organization and Dealing in Proceeds of Unlawful Activities relating to the deliveries of crack cocaine for which he was convicted in 2016, filed a […]
Freddie M. Cloutier, by and through her attorney-in-fact, Lisa McCue, vs. HCR ManorCare LLC, et al; No. 2015-00470
Wednesday, August 22, 2018 10:00
Civil Action-Law-Professional Responsibility-Withdrawal of Counsel-Protection of Client’s Interests Attorneys for Plaintiff initiated the instant litigation based upon injuries sustained by Plaintiff Freddie M. Cloutier while a resident at Defendants’ facility by filing a Praecipe for Writ of Summons. Plaintiff’s Attorneys have filed a Petition to Withdraw as Counsel, indicating that the Praecipe for Writ of Summons was filed to toll […]
Melissa Cruz vs. Fernando Melendez No. 2016-20597
Wednesday, August 15, 2018 10:00
Civil Action-Family Law-Child Custody-Best Interests of the Child-Extreme High Conflict Situation-Parallel Parenting Plan-Limited Parental Contact The parties have an extremely contentious relationship, are the parents of a two (2) year old child and have been in court on multiple occasions relating to custody, child support and protection from abuse act and criminal proceedings. The Court most recently issued an extensive […]
Grafton D. Stine vs. Barbara S. Stine No. 2014-20226
Wednesday, July 4, 2018 10:00
Civil Action-Family Law-Divorce-Professional Responsibility-Disqualification of Counsel-Prior Representation of Adverse Party-Duty of Counsel-Conflict of Interest-Confidential Information-Imputation to Members of Law Firm-Attorney’s Fees Barbara Stine (“Wife”) filed a Petition to Disqualify the counsel of Grafton D. Stine (“Husband”) in this divorce action in which the parties dispute whether a toy store acquired from Husband’s parents during the marriage entirely constitutes marital property. […]