The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Greenawalt, et al., v. Krissinger, et al. No. 2014-00178
Wednesday, December 30, 2015 10:00
Civil Action-Law-Action for Dilatory and Vexatious Conduct-42 Pa.C.S. § 2507-Petition to Open Judgment-Promptness of Petition-Reasonableness of Failure to Respond-Attachment of Proposed Answer-Meritorious Defense-Res Judicata-Collateral Estoppel-Petition to Strike Judgment-Fatal Defect-Face of Record-Jurisdiction-Authority of Prothonotary-Judgment Void Ad Initio-Recovery of Damages Incurred in Bankruptcy Court 1. Plaintiffs, who previously were awarded judgment for damages, attorney’s fees and costs by the Court in an […]
In Re: The Vacation of a Portion of Township Road T-505 No. 2014-01110
Wednesday, December 23, 2015 10:24
Civil Action-Law-Petition to Vacate Public Roadway-Board of View-Report and Recommendation-Exceptions-Error of Law-Abuse of Discretion-Substantial Evidence-Uselessness, Inconvenience or Burdensome Nature of Road-Access Point to Homes-Alternative Route Fire and Safety Equipment-Future Development in Area-Dangerousness of Road-Private Citizen Right to Privacy-Interest of Municipality in Public Roads 1. Petitioner Sandra Herr, whose Petition to Vacate a portion of a public road bisecting her property […]
Commonwealth vs. Phillip Maldonado No. CP-38-CR-0000656-2015
Wednesday, December 16, 2015 9:45
Criminal Action-Drug Delivery Resulting in Death-Omnibus Pretrial Motion-Motion to Dismiss-Petition for Writ of Habeas Corpus-Prima Facie Case-Substance Delivered Not Sole Cause of Death-Mixture of Substances 1. Defendant, who was charged with Drug Delivery Resulting in Death and other related offenses after a victim to whom he delivered heroin died, filed a Motion to Dismiss the charge on the basis that […]
Stacey D. Mulligan vs. Adrian J. Hohenwarter No. 2010-50828
Tuesday, December 8, 2015 10:00
Civil Action-Child Support-Exceptions-Pa.R.C.P. Rule 1910.27(b)-Complete Tax Returns-Redaction of Tax Return-Income of Third Party Spouse-Deviation from Guideline Amount-Self Employment Income-Motion for Protective Order 1. The Domestic Relations Master dismissed Defendant’s Petition for Modification of a Child Support Order that he filed on the basis that he realized a reduction in his self-employment income as a physician when Defendant refused to disclose […]
Rose Marie Yancoskie vs. Igor Salitra, et al No. 2015-00819
Friday, December 4, 2015 10:23
Civil Action-Law-Motor Vehicle Accident-Pre-complaint Discovery-Stay of Civil Proceedings Pending Outcome of Criminal Proceedings-Protective Order-Fifth Amendment-Right Against Self-Incrimination 1. Plaintiff, executrix of Richard A. Yancoskie (“Decedent”), filed a Writ of Summons against Defendant, the driver of a tractor trailer that was involved in a motor vehicle collision with the vehicle the Decedent was driving. Decedent was pronounced dead at the scene […]