The following are the judicial opinions as published in the Lebanon County Legal Journal.
U.S. Bank Trust National Association, v. Harry E. Whisler and Joann L. Whisler
Tuesday, January 6, 2026 15:23
Civil Action-Real Property Law-Mortgage Foreclosure-Amendment of Pleadings-Pa.R.C.P. Rule 1033-Prejudice-Death of a Party-Heirs-Pa.R.C.P. Rule 1144 U.S. Bank Trust National Association (“Plaintiff”), the current assignee to a mortgage executed to secure property deeded to Harry E. Whisler and Joann L. Whisler as tenants by the entireties as to one-half (1/2) interest and Herbert C. Rhoads, Jr., as a tenant in common as […]
Commonwealth of Pennsylvania v. Daren Wallace
Tuesday, December 30, 2025 15:08
Commonwealth of Pennsylvania v. Daren Wallace Criminal Action-Constitutional Law-Sixth Amendment-Speedy Trial Rights-Motion to Dismiss-Excludable Time-Defendant Unavailability-Normal Progression of Case-Nominal Bail Daren Wallace (“Defendant”) was convicted of charges including Involuntary Deviate Sexual in Lancaster County for which he was sentenced on July 1, 2004 to five (5) to ten (10) years’ imprisonment and was directed to register as a sex offender […]
Jose Lozada-Vargas, v. Elandia Ramirez
Tuesday, December 23, 2025 14:18
Jose Lozada-Vargas, v. Elandia Ramirez Civil Action-Property Law-Real Estate-Partition-Owelty-Unmarried Individuals-Property Deeded to be Owned as Tenants by the Entireties-Intention of the Parties-Credit-Rental Value-Property Improvement Expenses-Mortgage Payments Before the Court is Jose Lozada-Vargas’ (“Plaintiff’s”) Complaint seeking partition of jointly owned real estate that was deeded to the parties as “tenants by the entirities.”. Elandia Ramirez (“Defendant”) continued to reside at the […]
Commonwealth of Pennsylvania, v. John Plain
Tuesday, December 16, 2025 14:44
Commonwealth of Pennsylvania, v. John Plain Criminal Action-Constitutional Law-Right to a Speedy Trial-Sixth Amendment-Pa.R.Crim.P. Rule 600-Excludable Time-Extradition-Election by the Commonwealth-Impact-Due Diligence-Incarceration in Another Jurisdiction The Commonwealth elected not to seek extradition of John Plain (“Defendant”), who was charged in 2019 with Driving Under the Influence and Accidents Involving Death or Injury after law enforcement completed its investigation into the facts […]
Ziaire Leger, v. Gregory L. Martin, Zimmerman Mulch Products, LLC, Andy Zimmerman a/k/a Andrew Zimmerman and Bethel Township
Tuesday, December 9, 2025 17:05
Ziaire Leger, v. Gregory L. Martin, Zimmerman Mulch Products, LLC, Andy Zimmerman a/k/a Andrew Zimmerman and Bethel Township Civil Action-Governmental Law-Tort Law-Municipal Liability-Motor Vehicle Accident-Negligence-Intersection-Summary Judgment-Governmental Immunity-Exceptions-Actual or Constructive Notice-Dangerous Condition Ziaire Leger (“Plaintiff”) alleges that she sustained significant injuries in a motor vehicle accident in which the vehicle in which she was riding as a passenger failed to stop […]
Dmytro Garazha, v. Commonwealth of Pennsylvania, Department of Transportation, Best Value Auto Center v. Commonwealth of Pennsylvania, Department of Transportation
Tuesday, December 2, 2025 15:18
Dmytro Garazha, v. Commonwealth of Pennsylvania, Department of Transportation, Best Value Auto Center v. Commonwealth of Pennsylvania, Department of Transportation Civil Action-Agency Law-Automotive Service Station-Automobile Inspection-Official Safety Inspector Certification Suspension-Violations-Improper Record Keeping-Careless Record Keeping-Attachment of Driver’s License-Certificate of Salvage-Faulty Inspections-Good Condition of Bays Dmytro Garazha (“Garazha”) is the owner and operator of Best Value Auto Center (“Best Value”). The Commonwealth […]
Brandi L. Guilliams, v. Kyle C. Smith
Tuesday, November 4, 2025 15:10
Civil Action-Family Law-Support-Child-Nonpayment-Contempt-Probation-Technical Violation-Act 44-Voluntary Failure to Work and to Pay Support The parties are parents of one (1) minor child. Following establishment of a support amount in June of 2017 requiring Kyle C. Smith (“Father”) to pay $350.00 per month in support, eleven (11) petitions for contempt were filed based upon failure to pay support. Father most recently violated […]
Pennsylvania State Police, Bureau of Liquor Control Enforcement, v. Mt. Gretna Entertainment, Inc., t/a Quentin Tavern
Tuesday, October 28, 2025 14:46
Pennsylvania State Police, Bureau of Liquor Control Enforcement, v. Mt. Gretna Entertainment, Inc., t/a Quentin Tavern Civil Action-Constitutional Law-Administrative Law-Emergency Services Management Code-COVID-19 Pandemic-Restrictions Against Sale and Consumption of Alcohol-Inside Premises-Violations-Liquor License-Privilege-Property Right-Equal Protection of the Law-Nondelegation of Powers-Due Process of the Law Following the issuance of Proclamation of Disaster Emergency pursuant to the Emergency Services Management Code, Mt. Gretna […]
In Re: Estate of Shirley M. Weaver
Tuesday, October 21, 2025 14:00
In Re: Estate of Shirley M. Weaver Civil Action-Law-Estate Administration-Decedent’s Estates-Loss of Assets by Agent Under Power of Attorney During Lifetime of Decedent-Accounting-Basis A son alleges that family members systematically took assets belonging to his mother, Shirley M. Weaver who died on July 26, 2023, while she had been alive, depriving him of a share of his mother’s estate. The […]
Joseph P. Kreiser and Heidi Kreiser, v. Elisha P. Shirk and Ashley Shirk
Tuesday, October 14, 2025 14:31
Joseph P. Kreiser and Heidi Kreiser, v. Elisha P. Shirk and Ashley Shirk Civil Action-Law-Encroachment of Property-Placement of Fence-Ejectment-Motion for Amendment of Pleading-Pa.R.C.P. Rule 1033-Liberal Allowance-Discretion of the Court-Surprise-Prejudice Joseph P. Kreiser and Heidi Kreiser (“Plaintiffs”) filed a Complaint on August 27, 2021 in Trespass and Breach of Contract alleging that a fence installed by Elisha P. and Ashley Shirk […]