The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Yingst v. Grimes, Miller and Re/Max Cornerstone No. 2015-02142
Wednesday, August 30, 2017 10:00
Civil Action-Law-Real Estate-Property Defects-Mold-Failure to Remediate-Failure to Disclose-Preliminary Objections-Unliquidated Damages-Unfair Trade Practices and Consumer Protection Law Plaintiffs, who purchased property owned by Defendants Richard and Anna Mae Grimes through a buyer agency contract with Defendant Brenda Miller (“Miller”) and her employer Defendant Re/Max Cornerstone (“Re/Max”) acting as realtor for both parties, filed causes of action sounding in Breach of Contract, […]
Joseph and Linda Hoffer v. Zoning Hearing Board of South Annville Township; No. 2016-00723
Wednesday, August 23, 2017 10:05
Civil Action-Law-Land Use-Zoning-Commercial Business-Rental of Property-Nonconforming Use-Doctrine of Natural Expansion Joseph and Linda Hoffer (“Appellants”) have operated a paving business since 2002 under a lawful nonconforming use at their property zoned in an R-2 medium density residential district, as they purchased the property before the adoption of the zoning ordinance in 2005 establishing the district. Appellants applied for and received […]
Solar Innovations, Inc. v. Sunmodo Corp., Jun Liu and Clifford Schrock No. 2015-02048
Wednesday, August 16, 2017 10:14
Civil Action-Law-Breach of Confidentiality Agreement-Violation of Pennsylvania Trade Secrets Act-Preliminary Objections-Foreign Corporate Defendant-Personal Jurisdiction-Specific Jurisdiction-General Jurisdiction-Long Arm Statute-Purposeful Availment-Sufficient Minimum Contacts-Jurisdiction over Foreign Agent-Corporate Shield Doctrine-Calder Effects Doctrine Plaintiff, which manufactures various products at its plant in Pine Grove, Pennsylvania and holds exclusive rights to a standing seam clamp, lodged a Complaint against Defendants Sunmodo Corp. (“Sunmodo”) and Jun Liu […]
Commonwealth of Pennsylvania vs. Christina McFarland No. CP-38-CR-0001088-2016
Wednesday, August 2, 2017 10:03
Criminal Action-Law-Drug Violations-Omnibus Pretrial Motion-Suppression of the Evidence-Vehicle Stop-Search of Vehicle-Reasonable Suspicion-Activation of High Beams-Expectation of Privacy-Probable Cause-Voluntariness of Consent to Search-Custodial Interrogation Defendant was charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., as a result of a traffic stop wherein a Pennsylvania State Police officer stopped the vehicle that […]
Edward J. Schock vs. City of Lebanon No. 2016-00423
Wednesday, July 5, 2017 10:00
Civil Action-Law-Municipal-Business Improvement District-Neighborhood Improvement District Act-Tax Exempt Property-Affected Property Owners Plaintiff filed a Complaint for Declaratory Judgment challenging whether forty percent (40%) of affected property owners as required objected to implementation of a business improvement district (“BID”) established pursuant to the Neighborhood Improvement District Act, 73 P.S. § 831 et seq., in the City of Lebanon, which would have […]