The following are the judicial opinions as published in the Lebanon County Legal Journal.
Mashana Cunningham, v. Tara Lechleitner, Hailey Lechleitner and Kathleen Lechleitner
Tuesday, October 15, 2024 13:38
Mashana Cunningham, v. Tara Lechleitner, Hailey Lechleitner and Kathleen Lechleitner Civil Action-Property Law-Landlord-Tenant-Amendment of Pleading-Pa.R.C.P. Rule 1033-Discretion of the Court-Error of Law-Resulting Prejudice-Ad Damnum Clause Mashana Cunningham (“Plaintiff”) filed a Motion to Amend a Civil Complaint she filed in her capacity as a landlord against tenants Tara Lechleitner, Hailey Lechleitner and Kathleen Lechleitner (“Defendants”) adding a request for counsel fees […]
Melanie Sue Rolon, v. Richard L. Rolon
Tuesday, October 8, 2024 14:54
Melanie Sue Rolon, v. Richard L. Rolon Civil Action-Family Law-Divorce-Equitable Distribution-Marital Settlement Agreement- Authority of Counsel to Act on Behalf of Client-Oral Agreement-Enforceability-Essential Terms The parties married on March 14, 1998 and separated on December 16, 2021. Melanie Sue Rolon (“Wife”) filed a Complaint for Divorce on January 28, 2022 that included a request for equitable distribution. Counsel for Wife […]
Jesse Dowhower, et al, and Angela Otto, et al, v. Erie Insurance Company
Tuesday, October 1, 2024 13:48
Jesse Dowhower, et al, and Angela Otto, et al, v. Erie Insurance Company Civil Action-Law-Insurance Contract-Homeowner’s Policy-Hail Damage-Failure to Pay-Cancellation of Policy-Bad Faith-Violation of Unfair Trade Practices Consumer Protection Law-Preliminary Objections-Demurrer-Misfeasance-Nonfeasance Jesse Dowhower and Angela Otto (“Plaintiffs”) filed an Amended Complaint in Breach of Contract, Bad Faith and the Unfair Trade Practices Consumer Protection Law (“UTPCPL”) asserting that Erie Insurance […]
Commonwealth of Pennsylvania v. Eric J. Bates
Tuesday, September 3, 2024 15:01
Commonwealth of Pennsylvania v. Eric J. Bates Criminal Action-Law-Motion for Recusal of Prosecutor-Conflict of Interest-Former Counsel for Defendant-Employee of District Attorney’s Office-Substantially Related Matters-Materially Adverse Interests-Actual Conflict-Presentencing Withdrawal of Guilty Plea-Discretion of the Court-Liberal Allowance-Fair and Just Reason for Withdrawal-Substantial Prejudice to the Commonwealth Eric J. Bates (“Defendant”) was charged with Aggravated Assault of a police officer and related offenses. […]
Karen M. Raugh, v. Rodney L. Raugh
Tuesday, August 20, 2024 15:13
Karen M. Raugh, v. Rodney L. Raugh Civil Action-Family Law-Divorce-Equitable Distribution-Division of the Marital Estate-Economic Justice-Fees-Expert Witness-Credit-Fair Rental Value-Valuation of Assets-Average of Appraisals-Purchase Offer-Alimony Before the Court are voluminous Exceptions to the Order adopting the Report and Recommendation of the Special Master in Divorce. Some of the assertions include that the Special Master erred and/or abused his discretion by awarding […]
Commonwealth of Pennsylvania, v. Terrell Williams
Tuesday, August 13, 2024 13:53
Commonwealth of Pennsylvania, v. Terrell Williams Criminal Action-Law-Guilty Plea-Withdrawal Request Prior to Sentencing-Pa.R.Crim.P. Rule 591-Liberal Allowance-Discretion of the Court-Prejudice to the Commonwealth-Assertion of Innocence-Fair and Just Reason for Withdrawal-Information or Reasons Rendering Innocence at Least Plausible Terrell Williams (“Defendant”) was charged with Simple Assault relating to alleged striking of another person. On February 9, 2023, the claimant entered a guilty […]
Jeannette F. Weller, v. Randy L. Weller
Tuesday, July 16, 2024 15:17
Jeannette F. Weller, v. Randy L. Weller Civil Action-Family Law-Divorce-Equitable Distribution-Discretion of Special Master in Divorce-Credibility-Division of the Marital Estate-Property Acquired After Separation-Fair Rental Value-Dispossessed Spouse-Clean Hands Both parties filed Exceptions to the Order adopting the Report and Recommendation of the Special Master in Divorce distributing the marital estate. The parties argue that the Special Master erred and/or abused his […]
Alison Tobias v. Robert Tobias
Tuesday, July 2, 2024 16:02
Alison Tobias v. Robert Tobias Civil Action-Family Law-Divorce-Equitable Distribution-Exceptions-Report and Recommendation of Special Master in Divorce-Credits-Rental Value-Maintenance of Property-Economic Justice-Distribution Scheme-Funds of Family Member-Acquisition of Marital Property-Presumption of Gift-Factor in Equitable Distribution-Alimony-Reasonable Needs of Spouse The parties, who were married over thirty-four (34) years, each filed Exceptions to the Report and Recommendation issued by the Special Master in Divorce distributing […]
Commonwealth of Pennsylvania v. Carlos Arroyo-Laboy
Tuesday, June 25, 2024 15:04
Commonwealth of Pennsylvania v. Carlos Arroyo-Laboy Criminal Action-Constitutional Law-Search and Seizure-State Parole-Supervision-Omnibus Pretrial Motion to Suppress Evidence-Routine Home Search-Black Box-Handgun Logo-Reasonable Suspicion-Totality of the Circumstances Carlos Arroyo-Laboy (“Defendant”), who was on State parole classified as requiring a maximum level of supervision with a prior probation violation relating to possession of a firearm, had a routine visit by his parole agent […]
Commonwealth of Pennsylvania v. Hector Santiago III
Tuesday, June 18, 2024 14:45
Commonwealth of Pennsylvania v. Hector Santiago III Criminal Action-Constitutional Law-Fourth Amendment-Search and Seizure-Omnibus Pretrial Motion-Suppression of Evidence-Vehicle Stop-Search Warrant-Illegal Substance-Probable Cause-Totality of the Circumstances-Experience of Law Enforcement Officer-Odor of Marijuana-Anxious Appearance-Prior Criminal History-Specificity-Description of Items Sought Hector Santiago III (“Defendant”) was charged with Possession with Intent to Deliver a Controlled Substance and related offenses as a result of a traffic […]