The following are the judicial opinions as published in the Lebanon County Legal Journal.
Lisa Flowers vs. Randy Flowers No. 2010-20243
Wednesday, August 31, 2016 10:00
Civil Action-Family Law-Divorce-Equitable Distribution-Special Master-Retirement Account-Valuation-Cash Balance Plan-Defined Benefit Plan-Defined Contribution Plan-Coverture Fraction-Credit-Tax Ramifications-Future Retirement Income Defendant filed Exceptions to the Report and Recommendation of the Special Master in Divorce, asserting that the Special Master erred and abused her discretion in equitably distributing the marital estate by valuing his Hershey Retirement Account based upon valuation of the account as a […]
Ronald Wise-Stough v. Arlee Holmes; Ronald Stough v. Dustin Hans Sutton Nos. 2006-20608 and 2016-40062
Wednesday, August 24, 2016 11:01
Civil Action-Law-Family Law-Protection From Abuse-Custody-Corporal Punishment-Counsel Fees Plaintiff Ronald Wise-Stough/Ronald Stough (“Father”), the father of the minor twelve (12) year old child in this case, filed a Petition for Emergency Custody against Defendant Arlee Holmes (“Mother”), the child’s mother, and a Protection From Abuse (“PFA”) Petition against Dustin Hans Sutton (“Step-father”), the child’s step-father, both of whom the child had […]
Kelly L. Richards vs. Christopher A. Richards No. 2006-50322
Wednesday, August 17, 2016 10:00
Civil Action-Family Law-Child Support-Support Guidelines-Reasonable Expenses of the Obligor-Deviation-Custody Related Travel Expenses-Considerable Distance Defendant, who lives in Illinois, filed a Petition for Modification of a support Order regarding the parties’ ten (10) year old son, who lives with Plaintiff in Pennsylvania, seeking deviation from the Pennsylvania Support Guidelines amount based upon the cost of transportation in order for him to […]
Sotolongo vs. Rosado and Alamo-Baez No. 2013-00837
Wednesday, July 13, 2016 9:58
Civil Action-Law-Negligence-Motor Vehicle Accident-Motion for Summary Judgment-Causation-Injuries-Vehicle Insurance-Limited Tort-Noneconomic Loss-Serious Impairment of Body Function-Negligent Entrustment Plaintiffs filed a Complaint in negligence against Defendants, alleging that Plaintiff Roberto Sotolongo, Jr., (“child”) sustained a fractured clavicle in a motor vehicle accident in which he was a backseat passenger in a vehicle driven by Defendant Rosado and owned by Defendant Alamo-Baez when Defendant […]
Lebanon County Housing Authority v. Ramon Boyer No. 2014-02231
Wednesday, July 6, 2016 10:00
Civil Action-Law-Public Housing-Residential Lease Agreement-Grievance Procedures-Right to Hearing-Exceptions-Criminal Activity-Language of Lease Agreement The Lebanon County Housing Authority served a Notice to Quit and a Notice of Proposed Termination of Lease Agreement upon Ramon Boyer, a tenant who had entered into a residual lease agreement at the Washington Arms apartment subsidized apartment complex that is managed by the Lebanon County Housing […]
Commonwealth of Pennsylvania v. Roberto Corona-Gavilan No. CP-38-CR-0000277-2015
Wednesday, June 29, 2016 9:55
Criminal Action-Law-Motion for Recusal-Sentencing Factors-Immigration Status-Foreign National Defendant, who entered a negotiated guilty plea to charges relating to passing counterfeit currency, filed a Motion for Recusal after the Court rejected his negotiated guilty plea agreement and refused to impose sentence per that agreement in part because the Defendant was not a citizen of the United States. 1. The proponent of […]
Karen Kneasal and Terrance Kneasel, h/w, v. Katherine E. Lupo, M.D., Roger Hine, M.D., Women’s Health Center of Lebanon, and Good Samaritan Hospital No. 2015-00128
Wednesday, June 22, 2016 10:04
Civil Action-Law-Medical Malpractice-Preliminary Objections-Pleading-Tortious Conduct-Corporate Negligence of Hospital-Res Ipsa Loquitur-Recklessness-Punitive Damages Plaintiffs brought causes of action in negligence against Defendants pertaining to alleged injuries sustained by Plaintiff Karen Kneasel during a hysterectomy. Defendants filed preliminary objections to the Complaint, asserting that the language “tortious conduct” in the Complaint is overly broad, Plaintiffs failed to state a cause of action against […]
Township of Derry vs. Zoning Hearing Board of Palmyra Borough, Lebanon County vs. Shenandoah Mobile, LLC No. 2015-00796
Wednesday, May 18, 2016 10:00
Civil Action-Law-Administrative-Appeal-Zoning Hearing Board-Variance-Notice of Deemed Approval-Cell Tower-Unique Physical Conditions of Property-Unnecessary Hardship-District Character-Personal and Economic Hardship Shenandoah Mobile, LLC (“Shentel”) filed an application with the Zoning Hearing Board of Palmyra Borough seeking a variance to place a wireless communication facility on property it proposed to lease from the Borough of Palmyra that is zoned as an “Auto-Oriented/Commercial C-2 District” […]
Crystal L. Oyerly vs. Benjamin Oyerly No. 2013-50721
Wednesday, May 11, 2016 11:50
Civil Action-Law-Family Law-Child and Spousal Support-Support Guidelines-Deviation-Payment of Expenses-Marital Residence-Modification-Retroactivity-Notification-Earning Capacity A child and spousal support Order was entered on behalf of Plaintiff whereby Defendant was awarded a deviation from the established Guideline support amount based upon his continued residence in the marital residence and payment of the mortgage, taxes and insurance upon the marital residence after the parties’ […]
Commonwealth vs. Ruben J. Rivera-Medina No. CP-38-CR-0002019-2014
Wednesday, May 4, 2016 10:00
Criminal Action-Law-Omnibus Pretrial Motion-Authority of Parole Officer-Warrantless Search of Residence-Non-Parolee Living in Residence-Reasonable Suspicion-Joint or Exclusive Control-Bedrooms-Exclusive Occupation of Non-parolee Defendant was charged with violations of the Controlled Substance, Drug Device and Cosmetic Act after contraband was located in the basement of the residence in which he was living when the residence was searched by Lebanon County Probation Officers, who […]