The following are the judicial opinions as published in the Lebanon County Legal Journal.
Thomas E. Sprecher, individually and on behalf of BT Realty and BT Colebrook Realty, LLC v. William Sprecher and Lebanon Gasket & Seal, Inc. No. 2015-01193
Wednesday, April 27, 2016 10:05
Civil Action-Law-Contract-Tort-Payment of Rents-Preliminary Objections-Gist of the Action Doctrine-Recovery of Counsel Fees Thomas E. Sprecher and William A. Sprecher own real estate with buildings owned by BT Colebrook, LLC, a limited liability corporation also owned by Thomas E. Sprecher and William A. Sprecher. BT Colebrook, LLC, leased part of the real estate to Lebanon Gasket & Seal, Inc., a corporation […]
Everlast Roofing, Inc. vs. David Schlabach t/a Dave’s Metal Roofing and Dave’s Metal Roofing LLC No. 2010-02317
Wednesday, April 20, 2016 11:27
Civil Action-Law-Confession of Judgment-Motion for Leave to Amend-Additional Defendant-Newly Formed Corporation-Obligations of Predecessor-Successor Liability. Plaintiff, which instituted an action in Confession of Judgment against Defendants Schlabach t/a Dave’s Metal Roofing, a sole proprietorship, to recover a debt for metal roofing supplies, filed a Motion for Leave to file an Amended Complaint to add Dave’s Metal Roofing, LLC, a limited liability […]
Commonwealth vs. Daniel Campbell Nos. CP-38-CR-000020-2015 and CP-38-CR-000416-2015
Wednesday, April 13, 2016 11:24
Criminal Action-Law-Driving Under the Influence-Prior Offense-Subsequent Charge-Repeat Offenses within Ten Years-Effect of Delay by Defendant Defendant, who had a prior conviction of Driving Under the Influence (“DUI”) that occurred on July 14, 2005, was charged with DUI offenses on November 17, 2014 and on February 26, 2015, each of which stemmed from different incidents. Defendant asserts that the both the […]
John M. Gogets v. Tanya G. Gogets No. 2012-20676
Wednesday, March 16, 2016 10:00
Civil Action-Law-Divorce-Equitable Distribution-Student Loan Debt-Bankruptcy-Alimony Both parties filed Exceptions to the Report and Recommendation of the Special Master in Divorce adopted by the Court including assertions that the Court erred by requiring Plaintiff to pay a portion of the nearly $55,000.00 in student loan debt that Defendant had accumulated during the marriage, awarding sixty percent (60%) of the martial estate […]
Masonic Temple Association of Lebanon, Pennsylvania, v. Lebanon County Board of Assessment Appeals No. 2015-0960
Wednesday, March 9, 2016 13:58
Civil Action-Law-Tax Assessment Appeal-Real Property-Exemption from Taxation-Purely Public Charity-Charitable Purpose Plaintiff, an entity formed in 2007 by members of the Mt. Lebanon and Mt. Olive lodges to facilitate joint ownership of a property located at 499 South 14th Avenue in South Lebanon Township, Pennsylvania, filed an appeal from the Lebanon County Board of Assessment Appeals’ determination to deny Plaintiff’s Application […]
Christina Jensen, on behalf of her minor child, Holly Jensen, v. Konstance McCafree No. 2015-01257
Wednesday, March 2, 2016 13:52
Civil Action-Law-Dog Bite-Negligence-Violations of Pennsylvania Dog Law-Preliminary Objections-Legal Sufficiency-Pleading-Punitive Damages-Outrageous Conduct-Specificity-Allegations of Other Medical Care-Allegations of Psychological Trauma A Complaint was filed on behalf of a minor child setting forth causes of action in Negligence and for Violations of Pennsylvania Dog Law pursuant to 35 P.S. § 459-101 et seq., after the child was bitten on the hand by […]
McLane Company, Inc., and AIG a/s/o McLane Company, Inc., v. Joseph D. Cummings, Brad Collins, Collins Trucking, Inc., Daimler Trucks North America, LLC, and Freightliner Trucks No. 2014-00894
Wednesday, February 24, 2016 13:48
Civil Action-Law-Negligence-Preliminary Objections-Statute of Limitations-Writ of Summons-Service-Actual Notice-Prejudice Following a motor vehicle accident involving a series of collisions between a vehicle, a freight line truck and a concrete truck that occurred on May 10, 2012 that resulted in the deaths of two (2) individuals and the destruction of equipment and cargo, McLane Company, Inc., AIG and a/s/o McLane Company (“McLane”) […]
Susan C. Smith vs. Christopher C. Smith No. 2013-20491
Wednesday, February 17, 2016 10:00
Civil Action-Law-Family Division-Divorce-Equitable Distribution-Exceptions-Report and Recommendation-Special Master-Discretion-Date of Separation-Date of Valuation of Assets-Equitable Distribution-Alimony The parties filed Exceptions to the Report and Recommendation of the Special Master adopted by the Court, asserting that the Special Master erred in determining the date of the parties’ separation, valuing assets, dividing the marital estate and denying Plaintiff’s request for alimony. 1. In reviewing […]
Commonwealth vs. Ray Henry No. CP-38-CR-0001760-2008
Wednesday, February 10, 2016 11:50
Criminal Law-Post Conviction Relief Act-Subsequent Petition-Jurisdiction-Timeliness-Exception-New Constitutional Right-Mandatory Minimum Sentence-Retroactive Application Defendant was sentenced on March 25, 2009 on Robbery and related convictions to an aggregate sentence of four (4) to twenty (20) years’ imprisonment. Defendant’s judgment of sentence was affirmed by the Pennsylvania Superior Court on March 3, 2010. Defendant’s first Petition for Post Conviction Collateral Relief was denied […]
Dayami Reyes v. The Salvation Army et al. No. 2011-02465
Wednesday, January 6, 2016 13:00
Civil Action-Law-Negligence-Slip and Fall-Sidewalk-Snow and Ice-Local Government-Motion for Summary Judgment-Political Subdivisions Tort Claims Act-Governmental Immunity-Exceptions-Real Property Exception-Ownership-Possession-Total Control-Sidewalks Exception-Defect-Dangerous Condition 1. Plaintiff, who alleges that she was injured when she fell on a sidewalk adjacent to property owned by Defendants The Salvation Army and The Salvation Army of New York (“the Salvation Army”), filed a Complaint in negligence against the […]