The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of PA v. Arturo Vizcarrondo No. CP-38-CR-0001648-2015
Wednesday, December 13, 2017 10:00
Criminal Action-Law-Homicide-Motion in Limine-Crimen Falsi-Expert Testimony-Method of Homicide Investigation-Credibility of Eyewitness Defendant was charged with Criminal Homicide and related charges relating to the deaths of two (2) victims who were shot. The Commonwealth filed Motions in Limine prior to trial first seeking a ruling on the admissibility of Defendant’s prior crimen falsi conviction of Robbery that occurred in 1997 and […]
Commonwealth of PA v. Arturo Vizcarrondo
Wednesday, December 6, 2017 14:12
Criminal Action-Law-Homicide-Motion in Limine-Crimen Falsi-Expert Testimony-Method of Homicide Investigation-Credibility of Eyewitness Defendant was charged with Criminal Homicide and related charges relating to the deaths of two (2) victims who were shot. The Commonwealth filed Motions in Limine prior to trial first seeking a ruling on the admissibility of Defendant’s prior crimen falsi conviction of Robbery that occurred in 1997 and […]
Joanne Weiser Konevitch v. Christopher G. Konevitch No. 2014-20241
Wednesday, December 6, 2017 14:09
Civil Action-Family Law-Sanctions-Contempt-Marital Dissolution Agreement-Modification-Failure to Pay-Supervening Impracticability-Financial Inability to Pay Plaintiff Joanne Weiser Konevitch (“Wife”) filed a Motion for Sanctions alleging that Defendant Christopher G. Konevitch (“Husband”) failed to comply with an Order of Court that held him in contempt for failing to comply with the terms of the parties’ Marital Dissolution Agreement that was incorporated but not merged […]
Commonwealth of PA v. Brandon R. Holbrook No. No. CP-38-CR-0002100-2014
Wednesday, November 8, 2017 10:00
Criminal Action-Law-Sentencing Alternatives-Work Release-Eligibility-Authority of Court-Authority of Correctional Institution Defendant, who has a history of multiple convictions of indecent exposure, most recently was re-sentenced on a violation of probation to five (5) months to one (1) year’ imprisonment with the Court’s re-sentencing Order indicating that the claimant was eligible for the work release program. Officials at the Lebanon County Correctional […]
Commonwealth of PA v. Michael Hilton-Cribari No. CP-38-CR-16-2017
Wednesday, November 1, 2017 10:00
Criminal Action-Law-Motion to Dismiss-Subsequent Prosecution Barred-Former Prosecution-Same Criminal Conduct or Episode Defendant, who was charged with three (3) counts of Receiving Stolen Property pertaining to three (3) firearms that were found in his home during the execution of a search warrant for two other (2) stolen firearms, filed a Motion to Dismiss the charges on the basis that the charges […]
Jennifer S. Scipioni v. Luke Todd Scipioni No. 2004-20766
Wednesday, October 25, 2017 10:00
Civil Action-Family Law-Divorce-Equitable Distribution-Retirement Benefits-Valuation-Deferred Distribution-Immediate Offset-Student Loan Obligation-Mortgage Credit-Gifts-Counsel Fees The parties filed Exceptions to the Order of Court adopting the Report and Recommendation of the Special Master in Divorce, asserting that the Special Master erred in valuing and distributing the parties’ retirement benefits, assigning Jennifer S. Scipioni (“Wife”) the sole responsibility for repayment of the student loans of […]
Cadlerock Joint Venture II, L.P. v. Matt Kantner No. 2013-01352
Wednesday, October 18, 2017 10:00
Civil Action-Law-Preliminary Objections-Pleading-Specificity-Sufficiency-Answer with New Matter-Affirmative Defense Plaintiff lodged a Complaint against Defendant asserting that Defendant failed to make payments as required by the terms of a promissory note payable to Norwest Bank South Dakota, N.A., that subsequently was sold to Plaintiff. Defendant filed an Answer with New Matter in which he alleged absence of privity between the parties, the […]
Commonwealth of Pennsylvania vs. Robert S. Adley No. CP-38-CR-0001117-2013
Wednesday, October 11, 2017 10:00
Criminal Action-Law-Post Conviction Collateral Relief-Aggravated Assault-Infant Victim-Legality of Sentence-Mandatory Minimum Sentence Defendant pled guilty to charges of Aggravated Assault, Endangering the Welfare of a Child and Simple Assault in relation to his conduct that caused multiple injuries to his infant daughter. He received an aggregate sentence of eight and one-half (8 ½) to twenty (20) years’ imprisonment, which judgment of […]
David Horst v. Zoning Hearing Board of Jackson Township and Jackson Township No. 2016-01292
Wednesday, October 4, 2017 10:00
Civil Action-Municipal Law-Land Use-Zoning-Nonconforming Use-Variance-Unnecessary Hardship-Billboard-LED Message Sign David H. Horst (“Appellant”) filed an appeal from the decision of the Zoning Hearing Board of Jackson Township (“Zoning Hearing Board”) in which the Zoning Hearing Board denied his request for a permit to replace an existing billboard on his property advertising off-premises businesses illuminated by floodlights, which was permitted pursuant to […]
Fulton Bank, N.A., v. Behney Corp., formerly Behney Fabrication and Welding, Inc. No. 2016-01121
Wednesday, September 6, 2017 10:00
Civil Action-Law-Promissory Note-Confession of Judgment-Attorney’s Fees-Excessiveness-Reasonableness Defendant executed and delivered to Plaintiff a promissory note secured by a mortgage on property it owned containing language allowing Plaintiff to confess judgment upon default of the terms of the note including attorney’s fees of fifteen percent (15%) for lien priority purposes, with the note further requiring that the actual amount to be […]