The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Luz Rosario Duran v. Pedro Santana Garcia
Tuesday, September 5, 2023 13:16
Luz Rosario Duran v. Pedro Santana Garcia Civil Action-Law-Motor Vehicle Accident-Injuries-Insurance Coverage-Limited Tort-Recovery Permitted-Serious Injury-Summary Judgment-Issue of Fact-Discretion of the Jury A Complaint was filed alleging that Luz Rosario Duran (“Plaintiff”) experienced back pain following a motor vehicle accident whereby the vehicle in which she was riding as a passenger was struck in the rear by a vehicle […]
Commonwealth of Pennsylvania, v. William Culbreath
Tuesday, August 29, 2023 15:11
Commonwealth of Pennsylvania, v. William Culbreath Criminal Action-Law-Criminal Homicide-Motion in Limine-Evidence-Admissibility-Prior Bad Acts-Proof of Character-Credibility-Conviction of False Identification to Law Enforcement-Uncharged Criminal Activity-Parole Status-Consciousness of Guilt-Flight-Motive-Prejudice-Reference to Decedent at Trial as “the Victim”-Right to Confrontation-Availability of Witness-Illness of Witness William Culbreath (“Defendant”) was charged with First Degree Murder relating to the stabbing death of Travis Farrell (“Farrell”) outside […]
Commonwealth of Pennsylvania, v. Amy Felty
Wednesday, August 23, 2023 10:42
Commonwealth of Pennsylvania, v. Amy Felty Criminal Action-Constitutional Law-Search and Seizure-Omnibus Pretrial Motion-Vehicle Stop-License Plate Query-Reasonable Suspicion Amy Felty (“Defendant”) filed an Omnibus Pretrial Motion seeking to suppress evidence resulting from a situation in which a law enforcement officer queried the license plate number of the vehicle she was operating without observing any Vehicle Code violations. The query […]
Maria Garcia, Administratix of the Estate of B.G., v. Aman Soin and Kevin’s Towing and Repair, LLC
Tuesday, August 15, 2023 13:43
Maria Garcia, Administratix of the Estate of B.G., v. Aman Soin and Kevin’s Towing and Repair, LLC Civil Action-Law-Wrongful Death-Death of Child-Vehicle Collision-Discovery-Scope-Relevance-Disclosure-Lost Future Earning Capacity-Records of Parents-Medical Records-Educational Records-Employment Records Maria Garcia (“Plaintiff”) filed a wrongful death and survival action against Aman Soin (“Defendant”) after her eleven (11) year old son (“Decedent”) died as a result of […]
Richard Miller, v. Waste In Time, Inc., Sean Welling, Julie Welling and Zachary Gilbert
Tuesday, August 1, 2023 14:34
Richard Miller, v. Waste In Time, Inc., Sean Welling, Julie Welling and Zachary Gilbert Civil Action-Negligence-Injury to Employee-Trash Truck-Motor Vehicle Accident-Punitive Damages-Intoxication of Vehicle Operator-Corporate Liability-Piercing the Corporate Veil Richard Miller (“Plaintiff”) filed a Complaint alleging that he was injured when a trash truck owned by Waste In Time, Inc. (“Employer”) was operated by Zachary Gilbert (“Gilbert”) in […]
Sidney Hostetter and Evelyn Koppel, his Wife, v. South Londonderry Township Zoning Hearing Board, Corey Andrew and Anne Andrew, his Wife
Wednesday, July 5, 2023 11:57
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-Zoning-Variance-Petition to Stay Pending Land Use Appeal-Likely to Prevail on Merits-Irreparable Injury-Substantial Harm to Interested Parties-Adverse Impact to the Public Corey and Anne Andrew (“the Andrews”) filed a request seeking a variance from requirements of […]
B & B Capital, LLC, v. Kenneth L. Kreitz, Jr.
Wednesday, June 28, 2023 11:55
B & B Capital, LLC, v. Kenneth L. Kreitz, Jr., Civil Action-Property Law-Mortgage Foreclosure-Real Estate Taxes-In Rem Judgment-Sheriff Upset Sale-Surplus Proceeds-Distribution-Real Estate Tax Sale Law-Principles of Equity The Lebanon County Sheriff’s Department filed a Motion seeking disposition of funds resulting from a Sheriff sale that exceeded the amount of the mortgage and real estate tax delinquency amounts owed […]