The following are the judicial opinions as published in the Lebanon County Legal Journal.
Estate of Dolores V. Uhler, by her Executrix, Debra A. Binkley
Tuesday, April 30, 2024 13:52
Estate of Dolores V. Uhler, by her Executrix, Debra A. Binkley Civil Action-Estate Law-Bail-Reason-Forfeiture-Failure to Appear for Criminal Proceedings-Death of Defendant-Remittance of Forfeited Bail-Equitable Principles-Discretion of the Court-Factors Considered-Mitigating Circumstances Dolores V. Uhler, who passed away on January 31, 2021, and her daughter, Debra A. Binkley, who was appointed the Executor of her Estate, signed a surety agreement on November […]
Commonwealth of Pennsylvania v. Nathanael William Clark
Tuesday, April 23, 2024 15:22
Commonwealth of Pennsylvania v. Nathanael William Clark Criminal Action-Constitutional Law-Traffic Stop-Hit and Run-Mailboxes-Omnibus Pretrial Motion-Investigative Detention-Reasonable Suspicion-Vehicle Code Violation-Independent Criminal Conduct-Totality of the Circumstances Nathanael William Clark (“Defendant”) was charged with Driving Under the Influence and related charges for an incident that occurred on April 30, 2022 in which it was alleged that a small white truck had struck and […]
Shaun M. Webb v. Katherine A. Webb
Tuesday, April 16, 2024 15:23
Shaun M. Webb v. Katherine A. Webb Civil Action-Family Law-Support- Agreement-Terms-Intent of the Parties-Ambiguity-Parol Evidence-Medical Expenses-Uncovered by Health Insurance-Allocation-Employer Funded Health Savings Account-Income Available for Support-Reimbursement of Medical Expenses The parties are parents of a child subject to a support Order entered by agreement. The parties contest whether employer contributions to a health savings account should be considered income available […]
Commonwealth of Pennsylvania, v. Jaedyn Gaines
Tuesday, April 9, 2024 13:51
Commonwealth of Pennsylvania, v. Jaedyn Gaines Criminal Action-Constitutional Law-Criminal Homicide-Omnibus Pretrial Motion-Juvenile Defendant-Voluntariness of Statements and Waiver of Rights-Age of Defendant-Intoxication of Defendant Jaedyn Gaines (“Defendant”), who was charged with criminal homicide and other charges relating to the shooting of a victim on October 27, 2021 at which time Defendant was nearly seventeen (17) years of age, filed an Omnibus […]
Rebecca Espinosa, Individually and as Administrator of the Estate of Margaret Lutz, deceased, v. Luthercare, Et Al, Spang Crest, Et Al and Musaddiq N. Nazeeri, M.D., Et Al
Tuesday, April 2, 2024 15:41
Rebecca Espinosa, Individually and as Administrator of the Estate of Margaret Lutz, deceased, v. Luthercare, Et Al, Spang Crest, Et Al and Musaddiq N. Nazeeri, M.D., Et Al Civil Action-Law-Negligence-Medical Malpractice-Death-Rehabilitative Care Facility-Physician-Reliance Upon Radiologist Interpretation of Imaging-Punitive Damages-Outrageous Conduct-Bad Motive-Reckless Indifference Rebecca Espinosa (“Plaintiff”) filed a Complaint in medical malpractice against Defendants following the death of Margaret Lutz on […]
Lebanon Solar I, LLC, v. North Annville Township Board of Supervisors and Grady Summers
Tuesday, March 5, 2024 14:54
Lebanon Solar I, LLC, v. North Annville Township Board of Supervisors and Grady Summers Civil Action-Property Law-Municipal Law-Zoning-Conditional Use Permit-Land Use Appeal-Timeliness of Appeal-Final Decision-Service of Final Decision-Technical Procedural Requirements-Adjudication of Substantive Rights Lebanon Solar I, LLC (“Lebanon Solar”) filed an application for a conditional use permit seeking to construct a large scale solar utility facility in North Annville Township. […]
William Rosado, v. Lebanon County District Attorney’s Office
Tuesday, February 27, 2024 14:10
William Rosado, v. Lebanon County District Attorney’s Office Civil Action-Law-Right to Know Law-Number of Arrests at a Particular Location-Final Determination of Office of Open Records-Local Agency-District Attorney’s Office-Standard of Review-Scope of Review-Burden of Proof-Existence of Sought Records William Rosado (“Rosado”) sought records from the Lebanon County District Attorney’s Office establishing the number of arrests by the Lebanon County Drug Task […]
Richard Rolon, v. Melanie Rolon
Tuesday, February 20, 2024 14:15
Richard Rolon, v. Melanie Rolon Civil Action-Family Law-Divorce-Alimony Pendente Lite-Financial Need-Litigation of Divorce-Active Pursuit of Divorce-Abandonment of Claim Following a hearing before a Domestic Relations Master, an Order was entered awarding alimony pendente lite (“APL”) to Plaintiff. Defendant filed Exceptions on the basis that an award of APL is inappropriate because Plaintiff is not actively participating in the […]
Kimberly Frederick, v. Willard Frederick, Jr.
Wednesday, February 14, 2024 14:06
Kimberly Frederick, v. Willard Frederick, Jr. Civil Action-Family Law-Support-Spousal Support-Failure of Business to Pay Taxes-Governmental Lien-Credibility Findings-Testimony and Evidence Regarding Income The parties married in 1986 and separated in 2017. Defendant has been an owner and operator of a trucking business for over thirty-five (35) years with a four (4) year period of time during which the business […]
Nancy Maggio v. Veritas Global Protection Services, Inc.
Tuesday, February 6, 2024 14:05
Nancy Maggio v. Veritas Global Protection Services, Inc. Civil Action-Law-Breach of Contract-Vehicle Warranty-Default Judgment-Petition to Open Judgment-Relocation of Defendant without Notice to Plaintiff-Service of Process-Jurisdictional Issue-Prompt Filing-Excuse for Timely Response Plaintiff purchased a vehicle and a warranty contract from Defendant in 2020. After Plaintiff experienced problems with her vehicle, she filed a claim under the warranty with Defendant. […]