The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Mark K. Patton and Jennifer Patton, h/w, vs. Kortnae Amber Snively and Kristie Labarre No. 2014-00811
Wednesday, June 28, 2017 9:51
Civil Action-Law-Motor Vehicle Accident-Summary Judgment-Motor Vehicle Financial Responsibility Law-Insurance Coverage-Limited Tort-Serious Injury Plaintiffs, who had elected limited tort vehicle insurance coverage, filed a Complaint in negligence against Defendants after a motor vehicle accident wherein the vehicle driven by Defendants traveled through a red light and struck the vehicle in which Plaintiffs were riding. Defendants filed a Motion for Partial […]
Martin vs. Heidelberg Township Zoning Hearing Board v. Heidelberg Township No. 2016-01293
Wednesday, June 21, 2017 10:00
Civil Action-Law-Land Use-Zoning-Variance-Recreational Retreat-Collector Street-Decisional Ambiguity-Additional Hearing Appellants Richard L. Martin and Twila J. Martin and Martin and Marlene B. Martin (“the Martins”) sought a special exemption to enable them to use a 101 acre property in a zoned agricultural district that they purchased as a recreational weekend retreat that could accommodate up to seventy (70) people after Heidelberg Township […]
Giunta’s Green Valley Landscaping v. Protechs Enterprises, LLC; Nos. 2016-00964 and 2016-00965
Wednesday, June 14, 2017 10:00
Civil Action-Law-Notice of Appeal-Magisterial District Court Judgment-Proof of Service-Timeliness-Praecipe to Reinstate Appeal-Good Cause Plaintiff filed a Notice of Appeal with the Court of Common Pleas from a judgment entered by a magisterial district judge on behalf of Defendant. Defendant filed a Praecipe to Strick the Appeal, asserting that Plaintiff failed to file the Proof of Service of the Notice of […]
Stacey D. Mulligan v. Adrian J. Hohenwarter No. 2010-5-0828
Wednesday, May 10, 2017 10:00
Civil Action-Family Law-Child Support-Exceptions-Income-Settlement-Real Estate Litigation-Property Damage Remediation-Natural Gas Royalty Payments-Alienation of Income Producing Asset-Business Expenses-Depreciation-Shared Physical Custody-Childcare Expenses The parties filed Exceptions to the Order adopting the Report and Recommendation of the Domestic Relations Master (“DRM”) directing Adrian J. Hohenwarter (“Father”) to pay child support regarding the parties’ two (2) minor children to Stacey D. Mulligan (“Mother”). In their […]
Commonwealth of Pennsylvania vs. David Alan Lennon No. 38-CR-0001182-2016
Wednesday, May 3, 2017 10:00
Criminal Action-Law-Driving Under the Influence-Omnibus Pretrial Motion-Suppression of Evidence-Blood Test Results-Warrantless Taking-Implied Consent-Voluntariness of Consent-Totality of the Circumstances Defendant, who was charged with two (2) counts of Driving Under the Influence, filed an Omnibus Pretrial Motion seeking suppression of the results of blood testing on the basis that he was subject to an unlawful search and seizure when his blood […]