The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Jack Ezell, v. Ruth S. Gettle Estate, William Zack Gettle, Executor
Tuesday, October 7, 2025 14:16
Jack Ezell, v. Ruth S. Gettle Estate, William Zack Gettle, Executor Civil Action-Contract Law-Breach of Contract-Estate Auction-Contract Between Auctioneer and Executor-Liquidated Damages Clause-Enforceability-Penalty-Unconscionability-Equitable Recission Jack Ezell (“Plaintiff”), who owns Ezell Auction Company, entered into an Agreement with William Zack Gettle (“Defendant”) to sell property owned by the late Ruth S. Gettle at a public auction. Four (4) days after executing […]
Jay Hoffman, v. Lebanon Valley College
Tuesday, September 9, 2025 15:34
Jay Hoffman, v. Lebanon Valley College Civil Action-Law-Negligence-Business Invitee-Fall Through Window Grate-Pest Control Services-Motion for Summary Judgment-Genuine Issue of Material Fact-Known Dangers-Dangers Discovered with Reasonable Care-Expert Testimony-Constructive Notice-Dangerous Property Condition Jay Hoffman (“Plaintiff”), who was working for Ehrlich Pest Control as a senior technician performing pest control services at Lebanon Valley College (“Defendant”), lodged a Complaint against Defendant alleging negligence […]
Rebekah Wintersohl, v. Shawn McCaslin
Tuesday, September 2, 2025 14:16
Rebekah Wintersohl, v. Shawn McCaslin Civil Action-Family Law-Custody-Subject Matter Jurisdiction-Venue-Preliminary Objections-Pa.R.C.P. rule 1915.5-Custody Action Previously Litigated in Another County-Waiver-Dismissal of Custody Complaint Rebekah Wintersohl (“Mother”) filed a Complaint against Shawn McCaslin (“Father”) seeking custody of the parties’ two (2) children. Mother asserted in her Complaint that she had not participated as a party or witness in other litigation concerning custody […]