The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Commonwealth vs. Joshua Kreiser No. CP-38-CR-0000983-2013
Wednesday, November 11, 2015 13:36
Criminal Action-Post Conviction Relief Act-Effectiveness of Trial Counsel-Presumption of Trial Counsel’s Effectiveness-Burden of Defendant-Guilty Plea-Aggravated Assault 1. Defendant, who pled guilty to charges of Aggravated Assault, Terroristic Threats and other related offenses and received an aggregate sentence of five and one-half (5 ½) to fifteen (15) years’ imprisonment for stabbing the victim, filed a Petition for Post Conviction Collateral Relief […]
Commonwealth vs. Todd Rodkey No. CP-38-CR-0000983-2013
Wednesday, November 4, 2015 12:03
Criminal Action-Violations of Controlled Substance, Drug, Device and Cosmetic Act-Omnibus Pretrial Motion-Miranda Rights-Custodial Interrogation-Warrant for Lessor of Apartment-Other Person Located in Apartment with Contraband 1. Defendant, who was present in the bedroom of an apartment that was not leased to him when the landlord allowed law enforcement to execute a warrant for a lessor of the apartment, was charged with […]
Mary Lou Frazier Estate vs. Wells Fargo Bank No. 2014-01991
Wednesday, October 28, 2015 11:56
Civil Action-Law-Power of Attorney-Agent’s Authority-Conversion of Sole Account to Joint Account-Liability upon Refusal to Recognize Power of Agent-Motion for Summary Judgment-Limited Inter Vivos Gift-Language of the Power of Attorney-Good Faith for Refusal to Recognize Power of Agent 1. Mary Lou Frazier (“Decedent”), who had executed a Durable Power of Attorney designating her son as her agent and who was living […]
Pennsylvania Counseling Services vs. Deborah Yambor No. 2014-01166
Wednesday, October 21, 2015 11:53
Civil Action-Law-Breach of Employment Contract-Noncompete Clause-Preliminary Objections-Venue-Pa.R.C.P. Rule 1006-Plain Language-Location of Execution, Work, Payment and Alleged Breach 1. Plaintiff filed a Complaint against Defendant, a counselor formerly employed by Plaintiff at its offices located in York County, in the Lebanon County Court of Pleas, alleging that Defendant breached the noncompetition and buyout clauses of her employment contracts with Plaintiff by […]
City of Lebanon, et al., v. Cornwall Borough, et al., v. Lebanon County Earned Income Tax Bureau No. 2012-01222
Thursday, October 15, 2015 10:20
Civil Law-Law and Equity-Local Government Entities-Erroneous Payment of Tax Monies-Unjust Enrichment-Constructive Trust-Claim under Local Tax Enabling Act-Conversion-Unclean Hands-Prejudgment Interest-Calculation of Interest on Damages-Negligence-Statute of Limitations of Local Tax Enabling Act-Political Subdivision Tort Claims Act-Compensatory Damages-Consequential Damages-Recovery of Litigation Expenses-Recovery of Pre-Litigation Expenses 1. In 2007, the Lebanon County Earned Income Tax Bureau (“the Bureau”) learned that its former executive director, […]