The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
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 […]