The following are the judicial opinions as published in the Lebanon County Legal Journal.
Gary J. Heim v. Pennex Aluminum Company, Metal Exchange Corporation, Wizard Transport, LLC, and Neil Schnetzka No. 2015-02060
Wednesday, December 28, 2016 10:00
Civil Action-Law-Magisterial District Court-Notice of Appeal-Proof of Service-Timeliness-Prejudice-Good Cause-Instructions of Prothonotary Plaintiff brought an action against Defendants before the Magisterial District Court for property damages resulting from a motor vehicle accident. The Magisterial District Judge entered judgment on behalf of Defendants. Plaintiff filed a Notice of Appeal to the Court of Common Pleas on November 18, 2015, but he did […]
N.S. Johnson, Inc., v. David Souder No. 2014-00513
Wednesday, December 21, 2016 10:00
Civil Action-Law-Heating and Air Conditioning-Residential Installation-Breach of Contract-Motion for Summary Judgment-Gist of the Action Doctrine-Express Warranty-Peaceful Enjoyment of Property The parties entered into an agreement regarding Plaintiff’s installation of geothermal heating, ventilation and air conditioning equipment in Defendant’s home. Following completion of the project, Plaintiff filed a Complaint alleging that Defendant failed to make all required payments due under the […]
Lorenzen, Bishop, Stober and Concerned Citizens of Lebanon County v. West Cornwall Township Zoning Hearing Board v. Sunoco Pipeline, L.P. No. 2015-02106
Wednesday, December 14, 2016 10:00
Civil Action-Administrative Law-Land Use-Zoning-Natural Gas Liquids Pipeline-Definition of Public Utility-Exemption from Local Zoning Ordinances-Public Service-Public Concern Characteristics Appellants filed an appeal to the West Cornwall Township Zoning Hearing Board (“Zoning Hearing Board”) to the issuance of a permit by the Lebanon County Planning Department to Sunoco Pipeline, L.P., (“Sunoco”) allowing the erection of two (2) structures on property owned by […]
Commonwealth vs. Corey Purnell-Jones No. CP-38-CR-0001035-2012
Wednesday, November 9, 2016 10:00
Criminal Action-Law-Post Conviction Collateral Relief-Ineffective Assistance of Counsel-Pennsylvania Sentencing Guidelines-Ranges of Sentence-Calculation of Prior Record Score Defendant, who received an aggregate sentence of five (5) to ten (10) years’ incarceration after a jury convicted him of charges relating to firearm offenses, filed a Post Conviction Relief Act Petition. Defendant argued in his Petition that trial counsel rendered ineffective assistance with […]
Commonwealth vs. Tracy Jones No. CP-38-CR-0001691-2015
Wednesday, November 2, 2016 10:00
Criminal Action-Driving Under the Influence-Omnibus Pretrial Motion-Illegal Vehicle Stop-Reasonable Suspicion-Vehicle Code Violation-License Plate Lights-Malfunction Defendant, who was charged with Driving Under the Influence and summary offenses, filed an Omnibus Pretrial Motion seeking to suppress all evidence obtained following a stop of his vehicle. Defendant asserted that the stop of his vehicle premised upon the malfunction of one (1) of two […]
Cornwall-Lebanon School District vs. Cornwall-Lebanon Education Association No. 2015-01556
Wednesday, October 26, 2016 10:00
Civil Action-Administrative Law-Arbitration-Public School-Education-Collective Bargaining Agreement-Standard of Review-Relationship-Conduct-Teacher-Student-Public Policy An arbitrator directed that Luke Scipioni, a high school Social Studies teacher and basketball coach (“teacher”) who had been suspended and subsequently terminated from his position based upon inappropriate conduct with a student, be reinstated to his position without back pay or contributions by the Cornwall-Lebanon School District (“District”) to his […]
AEP Energy, Inc. f/k/a Bluestar Energy Services, Inc. v. Hometown Family Restaurant No. 2015-00365
Wednesday, October 19, 2016 10:00
Civil Action-Law-Motion for Judgment on the Pleadings-Contract-Automatic Renewal Notice-Receipt-Modification-Conduct The parties executed an electric service agreement on January 2, 2012 in which the agreement permitted Plaintiff to provide a renewal notice of that agreement within thirty (30) calendar days of the expiration date and required Defendant to reject in writing the renewal within five (5) business days of the renewal […]
Williams vs. Greentree Village, Mitchell L. Morgan Management and Bachman’s Roofing Building and Remodeling Inc. No. 2011-02305
Wednesday, October 12, 2016 10:00
Civil Action-Law-Negligence-Slip and Fall-Contract for Snow Removal-Motion for Summary Judgment Plaintiff, who was a resident of Greentree Village apartment complex over which Mitchell L. Morgan Management a/k/a Morgan Properties has an interest, filed a Complaint in Negligence against Defendants, asserting that he sustained injuries when he slipped and fell on an unsalted parking lot owned by Greentree Village for which […]
Solar Innovations vs. Sunmodo Corporation No. 2013-00825
Wednesday, September 14, 2016 10:00
Civil Action-Law-Breach of Contract-Licensing Agreement-Motion to Amend Complaint-Undue Prejudice-Delay-Statute of Limitations Plaintiff, who filed a Complaint against Defendant based upon Defendant’s alleged breach of a nonexclusive licensing agreement by which Defendant manufactured and sold a clamp designed by Plaintiff, filed a Motion to Amend Complaint during discovery. In its Motion to Amend, Plaintiff seeks to add causes of action relating […]
Commonwealth v. Amanda Haldeman No. CP-38-CR-0001418-2015
Wednesday, September 7, 2016 10:00
Criminal Action-Law-Automobile Accident-Possession of Contraband-Omnibus Pretrial Motion-Fourth Amendment-Search and Seizure-Hospital-Personnel-Policy-Inventory of Possessions-Government Agent Defendant, who was charged with drug related offenses and reckless driving after a motor vehicle accident in which the vehicle she was driving overturned and personnel at the hospital located contraband on the Defendant’s person, filed an Omnibus Pretrial Motion to Suppress Evidence, asserting that the seizure […]