The following are the judicial opinions as published in the Lebanon County Legal Journal.
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”) […]
Commonwealth of PA v. Jason Austin Zimmerman No. CP-38-CR-0001960-2015
Wednesday, April 11, 2018 10:00
Criminal Action-Law-Involuntary Deviate Sexual Intercourse-Child Victim-Sexually Violent Predator-Sufficiency of the Evidence-Burden of Proof-Retroactive Applicability Defendant, who pled guilty to two (2) counts of Involuntary Deviate Sexual Intercourse relating to sexual abuse perpetrated upon a child when Defendant was a minor, was found to meet the criteria to be a sexually violent predator pursuant to the Sexual Offender Registration and Notification […]
Gomersall v. Sol-Terra Solar Powered Systems, Adams and Conklin Company, No. 2016-01568
Wednesday, April 4, 2018 10:00
Civil Action-Law-Negligence-Residential Roof-Preliminary Objections-Arbitration Provision-Collateral Estoppel-Agency-Principal Liability Plaintiff brought suit against Defendant Sol-Terra Solar Powered Systems Inc. (“Sol-Terra”) and Conklin Company, Inc. (“Conklin”) based upon an alleged faulty roof installed at her home by Sol-Terra before the American Arbitration Association (“AAA”) pursuant to a provision in her contract with Sol-Terra that required that disputes be submitted to arbitration rather than […]
Stuart Hartman, D.O. and Hartman Rehabilitation Associates v. Rite Aid Corporation No. 2017-00682
Wednesday, March 7, 2018 10:27
Civil Action-Law-Pre-Complaint Discovery-Defamation-Statute of Limitations-Discovery Rule Plaintiffs lodged a Praecipe for Writ of Summons with a Motion for Pre-Complaint Discovery in pursuit of an action in defamation pertaining to Defendants’ refusals to fill prescriptions for controlled substances written by Plaintiff Stuart Hartman, D.O. (“Dr. Hartman”) and statements of Defendants’ employees to patients of Dr. Hartman that Dr. Hartman is under […]
Bartal vs. Bartal No. 2016-0-0214
Wednesday, February 28, 2018 10:34
Civil Action-Equity-Elder Care-Constructive Trust-Guardianship-Social Security Income-Attorney’s Fees A house previously owned by Plaintiff Betty Bartal (“Mother”) and her late husband was deeded to their four (4) sons, Plaintiffs Douglas J. Bartal, Scott E. Bartal and Jeffrey Bartal and Defendant Keith B. Bartal as part of estate planning designed to minimize the Bartal family’s tax liability. The house subsequently was sold […]
Commonwealth Of PA vs. Michael Allen Wilkinson No. CP-38-CR-0000895-2016
Wednesday, February 21, 2018 10:31
Criminal Action-Law-Post Conviction Collateral Relief-Ineffective Assistance of Counsel-Driving Under the Influence-Discovery-Search Warrant-Blood Draw Defendant, who pled guilty to Driving Under the Influence Charges resulting from a motor vehicle accident and was sentenced to ninety (90) days to three (3) years’ imprisonment, filed a Petition for Post Conviction Collateral Relief alleging that trial counsel rendered ineffective assistance by failing to seek […]