The following are the judicial opinions as published in the Lebanon County Legal Journal.
Commonwealth of Pennsylvania, v. Terrell Williams
Tuesday, August 13, 2024 13:53
Commonwealth of Pennsylvania, v. Terrell Williams Criminal Action-Law-Guilty Plea-Withdrawal Request Prior to Sentencing-Pa.R.Crim.P. Rule 591-Liberal Allowance-Discretion of the Court-Prejudice to the Commonwealth-Assertion of Innocence-Fair and Just Reason for Withdrawal-Information or Reasons Rendering Innocence at Least Plausible Terrell Williams (“Defendant”) was charged with Simple Assault relating to alleged striking of another person. On February 9, 2023, the claimant entered a guilty […]
Jeannette F. Weller, v. Randy L. Weller
Tuesday, July 16, 2024 15:17
Jeannette F. Weller, v. Randy L. Weller Civil Action-Family Law-Divorce-Equitable Distribution-Discretion of Special Master in Divorce-Credibility-Division of the Marital Estate-Property Acquired After Separation-Fair Rental Value-Dispossessed Spouse-Clean Hands Both parties filed Exceptions to the Order adopting the Report and Recommendation of the Special Master in Divorce distributing the marital estate. The parties argue that the Special Master erred and/or abused his […]
Alison Tobias v. Robert Tobias
Tuesday, July 2, 2024 16:02
Alison Tobias v. Robert Tobias Civil Action-Family Law-Divorce-Equitable Distribution-Exceptions-Report and Recommendation of Special Master in Divorce-Credits-Rental Value-Maintenance of Property-Economic Justice-Distribution Scheme-Funds of Family Member-Acquisition of Marital Property-Presumption of Gift-Factor in Equitable Distribution-Alimony-Reasonable Needs of Spouse The parties, who were married over thirty-four (34) years, each filed Exceptions to the Report and Recommendation issued by the Special Master in Divorce distributing […]
Commonwealth of Pennsylvania v. Carlos Arroyo-Laboy
Tuesday, June 25, 2024 15:04
Commonwealth of Pennsylvania v. Carlos Arroyo-Laboy Criminal Action-Constitutional Law-Search and Seizure-State Parole-Supervision-Omnibus Pretrial Motion to Suppress Evidence-Routine Home Search-Black Box-Handgun Logo-Reasonable Suspicion-Totality of the Circumstances Carlos Arroyo-Laboy (“Defendant”), who was on State parole classified as requiring a maximum level of supervision with a prior probation violation relating to possession of a firearm, had a routine visit by his parole agent […]
Commonwealth of Pennsylvania v. Hector Santiago III
Tuesday, June 18, 2024 14:45
Commonwealth of Pennsylvania v. Hector Santiago III Criminal Action-Constitutional Law-Fourth Amendment-Search and Seizure-Omnibus Pretrial Motion-Suppression of Evidence-Vehicle Stop-Search Warrant-Illegal Substance-Probable Cause-Totality of the Circumstances-Experience of Law Enforcement Officer-Odor of Marijuana-Anxious Appearance-Prior Criminal History-Specificity-Description of Items Sought Hector Santiago III (“Defendant”) was charged with Possession with Intent to Deliver a Controlled Substance and related offenses as a result of a traffic […]
Commonwealth of Pennsylvania v. Luis Padin-Pizarro
Tuesday, June 11, 2024 15:42
Commonwealth of Pennsylvania v. Luis Padin-Pizarro Criminal Action-Constitutional Law-Pa.R.Crim.P. Rule 600-Right to a Speedy Trial-Nominal Bail-Delay Caused by Defendant-Unavailable for Trial-Dangerousness of Defendant-Factors-Manufacturing of Substance-Fentanyl Luis Padin-Pizarro (“Defendant”), who was incarcerated for more than 180 days on charges relating to manufacturing of a substance containing fentanyl, filed a Motion for release under Pa.R.Crim.P. Rule 600 based upon the Commonwealth’s failure […]
Lebanon Solar I, LLC, v. North Annville Township Board of Supervisors and Grady Summers
Tuesday, June 4, 2024 13:47
Lebanon Solar I, LLC, v. North Annville Township Board of Supervisors and Grady Summers Civil Action-Constitutional Law-Municipal Law-Zoning-Solar Farm-Conditional Use-Right of Landowner-Interpretation-Zoning Ordinance-Ambiguous Language-Silence-Individual Lots-Buffering-Stormwater Management-Bonding Lebanon Solar I, LLC (“Lebanon Solar”), which is a company that was created to build and to operate a large solar farm on farmland located in North Annville Township, filed an application with North […]
Sharon Steckbeck, et al., v. Colleen Steckbeck, et al.
Tuesday, May 7, 2024 14:54
Sharon Steckbeck, et al., v. Colleen Steckbeck, et al. Civil Action-Business Law-Distribution-Partnership Assets-Death of Party-Statute of Frauds-Verbal Creation of Partnership-Uniform Partnership Act-Disassociated Partner-Dead Man’s Act-Exceptions In this complicated case regarding distribution of assets following the deaths of different family members that some family members assert are controlled by oral agreements including an oral partnership agreement, the Court considered Motions for […]
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 […]