The following are the judicial opinions as published in the Lebanon County Legal Journal.
Donald W. Haag, as Executor of Estate of Julia M. Haag v. Manor Care of Lebanon PA LLC, et al No. 2015-02167
Wednesday, April 26, 2017 10:00
Civil Action-Law-Medical Malpractice-Nursing or Residential Facility-Preliminary Objections-Power of Attorney-Agent-Arbitration Agreement-Voluntariness-Unconscionable Agreement Plaintiff Donald W. Haag (“Son”) completed paperwork necessary to admit his mother, Julia M. Haag (“Mother”), to HCR Manor Care Nursing Home (“Manor Care”) under a power of attorney authorizing him to admit her to a nursing or residential facility and to pursue claims and litigation. The paperwork completed […]
Rodger L. Geisel v. Michael Ott and Michelle Ott; No. 2016-00111
Wednesday, April 19, 2017 10:00
Civil Action-Law-Real Estate-Preliminary Objections-Breach of Contract-Agreement of Sale-Seller Disclosure Statement-Defects-Integration Clause-Fraudulent Misrepresentation-Parole Evidence-LeDonne Test-Violation of Unfair Trade Practices and Consumer Protection Law Plaintiff, who purchased a residence from Defendants, brought actions against Defendants in Breach of Contract, Violation of Seller Disclosure, Fraudulent Misrepresentation and Violation of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. § 201-1 et […]
In Re: Involuntary Termination of Parental Rights to A.W., a Minor, No. 2016-00469
Wednesday, April 12, 2017 10:00
Civil Action-Law-Involuntary Termination of Parental Rights-Concerted and Deliberate Effort-Obstructive Conduct-Available Resources-Preservation of Parental Relationship-Support-Gifts-Seeking Legal Representation-Attempts to Contact-Welfare of the Child Father signed over primary custody of his minor child, who was born on May 15, 2006 and who lived with the child’s grandparents (“Grandparents”) since August of 2006, to Grandparents in 2009, and he continued to see the child […]
Kristin Tomecek v. Frank Tomecek No. 2012-01996
Wednesday, April 5, 2017 10:00
Civil Action-Law-Sexual Assault-Motion in Limine-Admissibility of Evidence-Statement-Opinion-Veracity of Plaintiff-Abortion-Expert Testimony-Victim Response of Sexual Assault Plaintiff, who lodged a Complaint against Defendant, her paternal uncle, based upon allegations that he sexually assaulted her over a period of time during her childhood, filed a Motion in Limine seeking to preclude Defendant at trial from introducing statements by Plaintiff’s father regarding her veracity […]
Commonwealth vs. Kristin Michele Zimmerman No. CP-38-CR-0000356-2016
Wednesday, March 8, 2017 10:00
Criminal Action-Law-Post Sentence Motion-Sentencing Discretion-Pennsylvania Sentencing Guidelines-Standard Range Sentence-Modification of Sentence-Sentencing Hearing-Utterance of Expletive by Defendant-Double Jeopardy Defendant, who was sentenced after pleading guilty under an open guilty plea to charges of Driving Under the Influence and Retail Theft, filed a Post Sentence Motion asserting that the Court lacked the authority to impose a greater minimum sentence of incarceration than […]
Simon Bohr vs. City of Lebanon Zoning Hearing Board No. 2016-00997
Wednesday, March 1, 2017 13:44
Civil Action-Administrative Law-Zoning-Property Use–Variance-Commercial Neighborhood District-Auto Restoration Business-Conditional Approval Simon Bohr filed an appeal from the decision of the City of Lebanon Zoning Hearing Board that conditionally granted Bohr’s Petitions for Variance that in part sought to change the use of his property located in a Commercial Neighborhood district from a warehouse to an auto restoration business. Bohr asserted on […]
Commonwealth vs. Richard Kinnard II No. CP-38-CR-443-2016; Commonwealth vs. Jared Donovan Jones No. CP-38-CR-424-2016
Wednesday, February 22, 2017 15:24
Criminal Action-Law-Motion in Limine-Admissibility of Evidence-Recorded Statements of Defendant-Correctional Facility-Expected Sentence-Guilty Plea-Relevance of Evidence-Probative Value-Prejudicial Effect Defendants were charged with Criminal Homicide. One (1) week prior to trial, the Commonwealth filed a Motion in Limine seeking a determination regarding the admissibility of statements made by Defendant Kinnard during telephone conversations intercepted and recorded by the Lebanon County Correctional Facility to […]
Commonwealth of PA vs. Jonathan Robert Porter No. CP-38-CR-0001993-2015
Wednesday, February 15, 2017 10:00
Criminal Action-Law-Violation of the Controlled Substance, Drug, Device and Cosmetic Act-Drug Overdose Response Immunity-Drug Overdose Event-Immediate Medical Attention Defendant was charged with violations of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., after he collapsed in a convenience store and a responding officer, who searched Defendant to protect emergency services workers because he believed […]
Ashlie N. Haag v. Bryan C. Haag No. 2016-50146
Wednesday, January 11, 2017 10:00
Civil Action-Family Law-Child Support-Spousal Support-Entitlement-Downward Deviation-Mortgage Payment-Rental Property Losses-Other Income in the Household-Minimal Housing Expenses Defendant (“Father”) filed Exceptions to the Report and Recommendation of the Domestic Relations Master adopted by the Court awarding Plaintiff (“Mother”) child and spousal support. Father argued that the Domestic Relations Master erred in determining Mother’s entitlement to spousal support and failing to apply […]
Elizabeth Williams v. Paramount Realty Services, Inc., Promenade East Investors, LLC, Blue Lagoon Pools, LLC, and Merit Service Solutions, Inc. No. 2015-00507
Wednesday, January 4, 2017 10:00
Civil Action-Law-Negligence-Summary Judgment-Slip and Fall-Shopping Center-Parking Lot-Slush-Localized Ice Patch-Drainage Pipe-Duty of Possessor-Business Invitee-Known and Obvious Danger-Hills and Ridges Doctrine-Liability of Third Party Contractor-Snow Removal-Indemnification Clause Plaintiff filed a Complaint after allegedly falling and sustaining injuries in the parking lot of the Promenade at Lebanon shopping center in winter weather conditions, alleging negligence against Paramount Realty Services, Inc. (“Paramount”), the property […]