The following are the judicial opinions as published in the Lebanon County Legal Journal.
Salles-Mayer vs. Hill, et al
Tuesday, March 5, 2013 15:31
SALLES-MAYER vs. HILL, et al Civil Action – Medical Malpractice – Comparative Negligence – Apportionment of Harm – Responsibility of Court – Willful or Wanton Misconduct – Second Restatement – Third Restatement – Procedure at Trial – Limited Reopening of Discovery. Comparative negligence is a statutory concept that apportions conduct-based responsibility among concurrently responsible Defendants and/or Plaintiffs. The concept […]
Commonwealth vs. Perry
Friday, February 8, 2013 12:35
COMMONWEALTH vs. PERRY No. CP-38-CR-995-2012 Crimes – Offensive Weapon – Machete – Circumstances-of-the-Possession Test – Investigatory Stop – Terry – Reasonable Suspicion – Limitations – Motion to Suppress – Marijuana. A person commits a misdemeanor of the first degree if, except as authorized by law, he makes, repairs, sells, or otherwise deals in, uses, or possesses any […]
Byler vs. Byler
Wednesday, January 9, 2013 10:00
BYLER vs. BYLER Domestic Relations – Support – Self-employed Defendant – DRM’s Report – Credibility – De Novo Determination – Six Month Average of Income – Tax Returns – Review Hearing – Exceptions. In reviewing a DRM’s report, the Court must give its fullest consideration to the credibility findings of the DRM who was present […]
Lebanon Count EIT Bureau vs. Bank of Lebanon County and Faren Garcia & Garman, P.C. et al
Tuesday, January 8, 2013 11:18
LEBANON COUNTY EIT BUREAU vs. BANK OF LEBANON COUNTY LEBANON COUNTY EIT BUREAU vs. FAREN GARCIA & GARMAN, P.C., et al Civil Action – Settlement Agreement – Challenge to Capacity to Sue – Standing – Judicial Estoppel – Indemnity Provision – Attorneys’ Fees – American Rule – Dilatory, Obdurate or Vexatious Conduct – Request to Enforce Settlement Agreement. […]
Gerhart, et al vs. PA Natural Chicks, Inc.
Wednesday, December 5, 2012 9:36
GERHART, et al vs. PA. NATURAL CHICKS, INC., et al No. 2007-00779 Civil Action – Expert Witness – Market Value of Contaminated Real Estate – Qualification of Expert – Frye Test – Motion in Limine. There are three generally-recognized approaches used by professional appraisers for the valuation of real property: the Sales Comparison Approach, the Cost Approach, and the Income […]
Pinero vs. Kohr No. 2008-20639
Wednesday, November 21, 2012 10:00
PINERO vs. KOHR No. 2008-20639 Civil Action – Custody – Subject Matter Jurisdiction – Due Process – Notice – Waiver – Merits – Appeal. Subject matter jurisdiction relates to the competency of a court to hear and decide the type of controversy presented. Jurisdiction is a matter of substantive law. As a general rule, a court in Pennsylvania which has […]
Sanger vs. Cortazzo No. 2010-01994
Tuesday, November 20, 2012 11:59
ORDER OF COURT AND NOW, this 6th day of August, 2012, for reasons set forth in the attached opinion, the Defendant’s Motion for Leave to File a Complaint to Join Kaitlyn Bordlemay as an additional defendant is hereby GRANTED. The Complaint must be filed no later than twenty (20) days from the date of this Order. BY THE COURT, […]
Commonwealth vs. McDonald No. CP-38-CR-1189-2012
Wednesday, October 31, 2012 10:10
Crimes – Bail – Purpose of Bail – Constitutionally Guaranteed – Pa.R.Crim.P. – Drug or Alcohol Use – Motion to Modify Bail. Bail has long been recognized as a procedure whereby an individual defendant provides a form of collateral in exchange for the defendant’s release from custody. The right to bail is guaranteed for all non-capital defendants by Article […]
Rossi vs. Lebanon School District
Monday, October 8, 2012 11:20
ROSSI vs. LEBANON SCHOOL DISTRICT Schools – Local Agency Law – Appeal from Removal of Assistant Superintendent by School Board – Condition of Record – Standard of Review – Affirmation of Local Agency by Court – Exceptions to Affirmation by Court – Grounds for Removal – Immorality – Lying to Superintendent – Community Standards – Bad Example to […]
Commonwealth vs. Newrick Baez
Monday, July 16, 2012 9:58
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF : PENNSYLVANIA : : No. CP-38-CR-0001020-2008 v. : : NEWRICK BAEZ : ORDER OF COURT AND NOW, to wit, this 9th day of December, 2011, upon careful consideration of Defendant’s applications for […]