The following are the judicial opinions as published in the Lebanon County Legal Journal.
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, […]
Commonwealth of Pennsylvania vs. Jesus L. Quiernan-Hernandez No. CP-38-CR-1840-2014
Monday, September 14, 2015 10:22
Criminal Law-Omnibus Pretrial Motion-Suppression of Evidence-Perspective of the Police Officer-Reasonable Suspicion-Driving Under the Influence of Alcohol-Probable Cause-Totality of the Circumstances-Driving on Roadways Laned for Traffic 1. Defendant, who was charged with Driving Under the Influence of Alcohol pursuant to 75 Pa.C.S. § 3802(b) and (a)(1) and summary offenses including Driving on Roadways Laned for Traffic pursuant to 75 Pa.C.S. § […]
Auman et al vs. Erie Insurance No. 2011-00922
Wednesday, September 2, 2015 10:00
Civil Action-Law-Motion for Partial Summary Judgment-Interpretation of Insurance Policy-Ambiguous Language Construed in Favor of Coverage-Loss of Residence due to Fire-Automatic Adjustment of Coverage Clause-Amount of Insurance on Declarations Page-Reasonable Expectations of the Insured 1. Plaintiffs, whose home severely was damaged in a residential fire, filed a Motion for Partial Summary Judgment based upon interpretation of their homeowners’ insurance policy. 2. […]
Commonwealth vs. Jody Lynn Worm No. CP-38-CR-1368-2014
Thursday, August 27, 2015 11:01
Criminal Law-Pretrial Discovery-Motion to Compel-Transcription of Recorded Interviews and Intercepted Telephone Calls-Duty of Disclosure by the Commonwealth-Digitalized Information-Exculpatory Evidence-Inculpatory Statements-Noncealment-Burden to the Commonwealth of Disclosure 1. Defendant, who was charged with numerous offenses resulting from her alleged involvement in a criminal organization that distributed synthetic drugs and bath salts within Lebanon County, filed a motion to compel the Commonwealth to […]
Commonwealth vs. Richard Hainley No. CP-38-CR-1662-2010
Wednesday, August 19, 2015 10:00
Criminal Law-Bench Trial-Post Sentence Motions-Validity of Waiver of Jury Trial-Pa.R.Crim.P. Rule 620-Totality of the Circumstances-Written and Oral Colloquies of Waiver do not Appear of Record 1. In Post Sentence Motions following conviction of sexual offenses after a bench trial, Defendant asserted that his waiver of his constitutional right to a bench trial was not valid. 2. The defendant and the […]
Lutz vs. Monumental Life Insurance Co. and Sheree Nordall No. 2014-469
Wednesday, August 12, 2015 10:26
Civil Action-Orphans’ Court-Petition for Declaratory Judgment by Wife-Beneficiary Designation by Husband-Divorce-Death of a Former Spouse-Title 20 Pa.C.S. Section 6111.2-Retroactivity-Dead Man’s Act-Interest Adverse to a Decedent 1. Plaintiff was named as a primary beneficiary on her husband’s life insurance policy during the marriage via a beneficiary change form dated June 7, 2012. Defendant Sheree Nordall was named a contingent beneficiary on […]