The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Heagy v. Haduck and Heagy No. 2012-20214
Wednesday, February 14, 2018 10:29
Civil Action-Family Law-Custody-Grandparents-Preliminary Objection-Standing-Incarceration of Parent-Statutory Construction-In Loco Parentis-Best Interests of the Child Plaintiffs Margaret Heagy and Timothy Heagy (“Grandparents”), paternal grandparents of the child in this case, lodged a Complaint seeking partial physical and shared legal custody of their five (5) year old grandchild against the child’s mother, Defendant Kristine Haduck (“Mother”), and the child’s father, Defendant Tyler Heagy […]
Commonwealth of Pennsylvania v. Uwan English, et al Nos. CP-38-CR-0000824-2017, CP-38-CR-0000825-2017, CP-38-CR-0000826-2017, CP-38-CR-0001149-2017, CP-38-CR-0001148-2017 and CP-38-CR-0001147-2017
Wednesday, February 7, 2018 10:00
Criminal Action-Law-Corrupt Organizations-Drug Trafficking-Discovery-Electronically Stored Information-Disclosure-Obligation of the Commonwealth-Good Faith-Exculpatory Evidence Defendants were charged with violations of the Corrupt Organizations statute, Title 18 Pa.C.S. § 911, based upon an alleged drug trafficking scheme that occurred in Lebanon County during 2016 and 2017. In response to Defendants’ Motions for Discovery, the Commonwealth provided a thumb nail drive containing approximately 10,000 documents […]
Laura F. Silsbee v. Christopher J. Silsbee No. 2015-20331
Wednesday, January 10, 2018 10:00
Civil Action-Family Law-Divorce-Equitable Distribution-Post Secondary Educational Expenses-Agreement for Support-Nonmarital Property-Counsel Fees-Pets The parties filed Exceptions to the Order of Court adopting the Report and Recommendation of the Special Master in Divorce. Defendant Christopher J. Silsbee (“Husband”) asserted that the Special Master erred or abused her discretion by directing him to pay post secondary educational expenses for the parties’ adult daughter, […]
Estate of Dawn M. Bortner and Estate of Ralph V. Chevalier v. Andre D. Kennedy and May Furniture, Inc. No. 2016-01227
Wednesday, December 27, 2017 10:00
Civil Action-Law-Motor Vehicle Accident-Wrongful Death-Survival Action-Negligence-Preliminary Objections-Specificity of Pleading-“Catch All” Allegations-Fitness of Driver-Fitness of Vehicle-Violation of Statute Plaintiffs filed a Complaint alleging that Dawn M. Bortner and Ralph Chevalier died in a motor vehicle accident on November 20, 2015 when their vehicle was rear-ended by a tractor trailer operated by Defendant Andre D. Kennedy (“Kennedy”) acting within the scope of […]
Sainty Renewable Energy Investment Holding, Inc. v. Energy Systems & Installations, Inc., et al. No. 2015-00869
Wednesday, December 20, 2017 10:00
Civil Action-Law-Breach of Contract-Judgment on the Pleadings-Responsive Pleading-Effect of General Denial-Amendment of Pleadings Before the Court is Plaintiff’s Motion for Judgment on the Pleadings with regard to its First Amended Complaint filed against Defendant Cory C. Wolff (“Wolff”), as well as a Motion for Leave to File an Amended Answer filed by Wolff. 1. Pa.R.C.P. Rule 1034 provides that any […]