The following are the judicial opinions as published in the Lebanon County Legal Journal.
Sidney Hostetter and Evelyn Koppel, his wife, v. South Londonderry Township Zoning Hearing Board, Corey Andrew and Anne Andrew, his wife
Tuesday, January 9, 2024 13:54
Sidney Hostetter and Evelyn Koppel, his wife, v. South Londonderry Township Zoning Hearing Board, Corey Andrew and Anne Andrew, his wife Civil Action-Property Law-Constitutional Law-Zoning-Variance-Dimensional-Use-Discretion of the Zoning Hearing Board-Garage on Residential Property-Setbacks-Unnecessary Hardship Corey and Anne Andrew (“the Andrews”) filed a request for a variance to reduce the front yard setback from forty (40) feet required by […]
In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-Of-Way for State Route 2001, Section 013, in the Township of North Cornwall
Tuesday, January 2, 2024 9:52
In Re: Condemnation by the Commonwealth of Pennsylvania, Department of Transportation, of Right-Of-Way for State Route 2001, Section 013, in the Township of North Cornwall Civil Action-Property Law-Constitutional Law-Eminent Domain-Condemnation-School District Owned-Transportation Purposes-Deed Restriction-Property Use-Preliminary Objections-Burden of Proof-Excessive-Unnecessary-Improperly Designed-Requirement of Security-Bad Faith The Commonwealth of Pennsylvania Department of Transportation (“DOT”) filed a Declaration of Taking regarding property owned […]
Marina Aybar v. Wilfredo Cruz
Wednesday, December 27, 2023 12:19
Marina Aybar v. Wilfredo Cruz Civil Action-Family Law-Divorce-Equitable Distribution-Separation-Fair Rental Credit-Marital Residence-Dispossessed Spouse-Protection From Abuse Order-Economic Justice The parties filed for divorce more than twenty (20) years following their separation, after which Defendant (“Husband”) enjoyed exclusive possession of the marital residence. The parties separated and Plaintiff (“Wife”) left the property at that time when protection from abuse orders […]
Annelle Buffenmeyer, v. Mitchell Buffenmeyer
Tuesday, December 19, 2023 14:33
Annelle Buffenmeyer, v. Mitchell Buffenmeyer Civil Action-Family Law-Child Support-Exceptions-Child Tax Credit-Income-Earning Capacity-Overtime-Voluntary Reduction-Upward Deviation-Lack of Contact with Child-Private School Tuition-Counseling Expense-Rental Property Income Plaintiff (“Mother”) filed Exceptions to the Report and Recommendation of the Domestic Relations Master (“DRM”) adopted by the Court regarding support for the parties’ two (2) children with special needs. Mother argued that the DRM […]
Commonwealth of Pennsylvania v. Justin Oliver
Tuesday, December 5, 2023 15:20
Commonwealth of Pennsylvania v. Justin Oliver Criminal Action-Law-Controlled Substance, Drug, Device and Cosmetic Act-Possession of Paraphernalia-Contraband-Cigarette Rolling Papers-Jury Instructions-Marijuana-Medical Marijuana-Authorized Forms Justin Oliver (“Defendant”) was convicted of possession of drug paraphernalia following a trial by jury after the vehicle he was operating was stopped for speeding and Defendant removed a plastic container from the center console of the […]
Rocket Mortgage, LLC, f/k/a Quicken Loans, LLC, f/k/a Quicken Loans Inc., v. John S. Hixenheiser
Tuesday, October 31, 2023 14:58
Rocket Mortgage, LLC, f/k/a Quicken Loans, LLC, f/k/a Quicken Loans Inc., v. John S. Hixenheiser Civil Action-Law-Real Property-Mortgage Foreclosure-Death of Mortgagor-Motion to Amend Complaint-Name of Defendant-No Apparent Heirs-Discretion of the Court-Prejudice Plaintiff was the real owner and mortgagor of property secured by a mortgage issued by Plaintiff. Defendant passed away. It is alleged that a default occurred with […]
Jennifer Yancy, v. Jason Koehler
Tuesday, October 24, 2023 14:18
Jennifer Yancy, v. Jason Koehler Civil Action-Family Law-Child Support-Retroactive Modification-Material Changes in Financial Circumstances-Failure to Disclose-Increased Income Jennifer Yancy (“Mother”) filed a Motion seeking retroactive establishment of support regarding the parties’ two (2) children to 2019, at which time Jason Koehler’s (“Father’s”) income drastically increased when he became president and owner of a family owned business […]
Julie Ditmer, v. Thomas Ditmer
Wednesday, October 18, 2023 9:28
Julie Ditmer, v. Thomas Ditmer Civil Action-Family Law-Child Support-Guideline Amount-Deviation-Custody Order-Inclusion of Required Expense-Counseling Defendant (“Father”) filed Exceptions to the Order adopting the Report and Recommendation of the Domestic Relations Master awarding support to Plaintiff (“Mother”) pertaining to the parties’ minor child. Father asserts that it was an error of law and/or an abuse of discretion to include […]
Francisco Sanchez, Individually and on behalf of Unnamed Partnership between Francisco Sanchez and Norma Rivera, v. Norma Rivera
Tuesday, October 10, 2023 15:17
Francisco Sanchez, Individually and on behalf of Unnamed Partnership between Francisco Sanchez and Norma Rivera, v. Norma Rivera Civil Action-Property Law-Partition-Jointly Owned Real Estate-Exceptions to Report and Recommendation of the Partition Master-Credit-Payment of Taxes and Expenses-Fair Rental Value-Reopening of the Record-Failure to Present Evidence The parties purchased a property titled in the names of Francisco Sanchez (“Plaintiff”) and […]
Commonwealth of Pennsylvania v. Dimico D. Davenport, Sr.
Tuesday, October 3, 2023 16:25
Commonwealth of Pennsylvania v. Dimico D. Davenport, Sr., Criminal Action-Constitutional Law-Search and Seizure-Items in Bag and on Person-Fourth Amendment-Fifth Amendment-Omnibus Pretrial Motion-Suppression of Evidence-Investigative Detention-Reasonable Suspicion of Criminal Activity-Custodial Detention-Probable Cause-Totality of the Circumstances-Right Against Self-Incrimination Dimico D. Davenport, Sr., (“Defendant”) was charged with one (1) count of Possession of Drug Paraphernalia after law enforcement responded to a […]