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