The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Weidman vs. City of Lebanon Zoning Board No. 2014-02004
Wednesday, August 5, 2015 10:03
Civil Action-Law-Zoning-Request for a Variance to Continue Non-Permitted Use of Property-Appeal of Decision of Zoning Hearing Board-Trial Court Standard of Review-Variance-Variance by Estoppel-Prohibited Use of Property for Extended Period of Time-Knowledge of the Municipal Authority-Good Faith of the Landowner 1. A landowner seeking to sell his property including a building that he converted from a storage shed to apartments in […]
Porter vs. Tony’s Mining Company Restaurant, Inc., et al. No. 2012-00148
Wednesday, July 8, 2015 11:17
Civil Action-Law-Motion for Summary Judgment-Negligence-Slip and Fall by Patron-Restaurant After Hours-Side Entrance-Duty of Care-Business Invitee and Trespasser 1. In a motion for summary judgment, the burden is on the moving party to prove that no genuine issue of material fact exists for trial. 2. The duty owed by a possessor of land to a third party entering the land depends […]
Commonwealth vs. Peck No. CP-38-CR-0854-2012
Wednesday, July 1, 2015 10:13
Crimes – Appeal – Sufficiency of Evidence – Required View of Evidence – Beyond a Reasonable Doubt – DUI – Actual Physical Control of Vehicle – No Movement Required – Circumstantial Evidence. A claim challenging the sufficiency of the evidence is a question of law. The evidence adduced at trial must be viewed in the light most favorable to the […]
Commonwealth vs. Adley No. CP-38-CR-1117-2013
Wednesday, June 10, 2015 10:11
Crimes – Sentencing – Aggravated Assault – Endangering the Welfare of Children – Guidelines – Deviation – Consecutively or Concurrently – Abuse of Discretion – Post-Sentence Motions. Sentencing is a matter vested in the sound discretion of the sentencing court whose judgment will not be disturbed absent an abuse of discretion. The Sentencing Guidelines enumerate aggravating and mitigating circumstances, assign […]
Commonwealth vs. Motter No. CP-38-CR-780-2013
Wednesday, June 3, 2015 10:10
Crimes – Driving Too Closely – Probable Cause – DUI – Appeal from Jury Verdict. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway. The law does not require rigid answers to […]