The following are the judicial opinions as published in the Lebanon County Legal Journal.
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. […]
Danielle Walker, et al vs. Carol Stoltz, et al No. 2015-01656
Wednesday, June 20, 2018 10:00
Civil Action-Law-Negligence-Slip and Fall-Apartment Building-Ramp-Motion in Limine-Expert Testimony-Professional Engineer-Building Codes and Ordinances-Retroactive Application Plaintiffs filed a Complaint in negligence against Defendants alleging that the entrance ramp of a property owned by Defendant Carol Stoltz negligently had been constructed and/or maintained after Sheila B. Hines slipped and fell from the ramp and passed away thereafter. Defendants have filed a Motion in […]
Commonwealth of PA vs. Wendi Jo Potteiger No. CP-38-CR-0000491-2017
Wednesday, June 6, 2018 10:00
Criminal Action-Law-Aggravated Assault-Endangering the Welfare of Children-Childcare Provider-Infant Injuries-Omnibus Pretrial Motion-Petition for Writ of Habeas Corpus-Prima Facie Case-Inferences Defendant, who was charged with one (1) count each of Aggravated Assault, Simple Assault and Endangering the Welfare of Children as a result of injuries including a subdural hematoma hemorrhage, bilateral retina hemorrhage and wrist fractures sustained by a four (4) month […]
Robert E. Siegrist, Jr., vs. Cameron B. Batz and Monica A. Kapp No. 2016-01053
Wednesday, May 2, 2018 10:00
Civil Action-Law-Joint Business Venture-Real Property-Remodeling and Sale-Preliminary Objections-Limited Liability Company-Indispensable Party-Joinder-Breach of Fiduciary Duty-Unjust Enrichment-Waste of Assets-Intentional Misrepresentation-Self Dealing Plaintiff, who was involved in a joint business venture with Defendants involving the purchase, remodeling, rental and sale of real property, brought a Complaint against Defendants seeking recovery of Defendants’ share of deficits incurred in the venture and the recovery of […]
Commonwealth of Pennsylvania vs. Paul A. Brown No. CP-38-CR-0000718-2017
Wednesday, April 18, 2018 13:22
Criminal Action-Law-Defiant Trespass-Neighbors-Writ of Habeas Corpus-Preliminary Hearing-Prima Facie Case-Grading Defendant, who was charged with one (1) count of Defiant Trespass pursuant to Title 18 Pa.C.S. § 3503(B)(1)(i) as a third degree misdemeanor after entering property that the owner previously had notified him verbally and in writing that he had no permission to enter to rake leaves with the owner’s child […]
Maritsa Montilla, Michael Daub and Heather Daub v. Harold Dice and Audrey Dice v. Nicholas Pappas No. 2010-01603
Wednesday, April 18, 2018 10:00
Civil Action-Law-Arson-Apartment-Negligence-Injuries to Tenant and Firefighter-Motion for Summary Judgment-Duty of Landlord to Tenant-Fire Escape Door-Noxious Odors-Criminal Background Checks-Assumption of the Risk Defendant Nicholas Pappas (“Pappas”) ignited a fire in his apartment to destroy the corpse of a man who had died of a drug overdose, and the fire spread to an apartment owned by landlords Harold and Audrey Dice (“Dice”) […]