The following are the judicial opinions as published in the Lebanon County Legal Journal.
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 […]
Commonwealth of Pennsylvania, v. Nelson Richardson
Tuesday, August 26, 2025 14:13
Commonwealth of Pennsylvania, v. Nelson Richardson Criminal Action-Constitutional Law-Omnibus Pretrial Motion-Suppression of Evidence-Fourth Amendment-Vehicle Stop-Careless Driving-Probable Cause Nelson Richardson (“Defendant”) was charged with offenses including Endangering the Welfare of Children, Possession of Drug Paraphernalia and a small amount of marijuana, Driving Under the Influence of a Controlled Substance and Careless Driving. Defendant filed an Omnibus Pretrial Motion seeking to suppress […]