Judges Opinions Public Notices, — June 16, 2021 9:33 — 0 Comments

Public Notices, June 16, 2021

Volume 58, No. 46

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

NOTICE OF OWNER’S RIGHTS

NOTICE TO DEFEND ACTION TO QUIET TITLE

NOTICE OF NON-PROFIT CORPORATION

 

TABLE OF CONTENTS

Commonwealth of Pennsylvania v. Jeffrey M. Peiffer

 

NOTICE IS HEREBY GIVEN that Letters Testamentary or of Administration have been granted in the following estates. All persons indebted to the said estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors named.

 

FIRST PUBLICATION

 

ESTATE OF MARY E. WOLFE, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sue E. Collins, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF CLARENCE E. NYE, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Susan D. Smith, Executrix

 

Daniel J. Nye, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF PATRICIA A. NELSON A/K/A PATRICIA ANN NELSON, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrixes.

 

Terri D. Miller, Executrix

 

Jody Fox, Executrix

 

Steven D. W. Miller, Esquire, CELA

Miller Law Firm PC

P.O. Box 121

Cornwall, PA 17016

 

ESTATE OF LARRY D. REAM, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Cody E. Broaddus, Executor

618 Meadowview Drive

Annville, PA 17003

 

David R. Warner Jr., Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF EDWARD J. BARRY A/K/A EDWARD JOHN BARRY, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Douglas F. Barry, Executor

 

Megan C. Huff, Esquire

Nestico Druby, P.C.

1135 East Chocolate Avenue

Suite 300

Hershey, PA 17033

 

ESTATE OF MARY ELLEN HACKMAN, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

  1. Frank Majeske, Executor

 

  1. Richard Young, Jr., Esquire

1248 West Main Street

Ephrata, PA 17522

 

ESTATE OF ROBERT J. SOUDERS, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Jeffrey R. Souders, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF ELLSWORTH K. GARMAN, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased April 11, 2021. Letters Testamentary have been granted to the undersigned Executrix on April 29, 2021.

 

Linda Garman, Executrix

 

Hazen Law Group

2000 Linglestown Road, Suite 202

Harrisburg, PA 17110

 

ESTATE OF CAELEB XAVIER WESLEY, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Christi Gutshall, Administratrix

211 Northcrest Acres

Lebanon, PA 17046

 

Robert Freedenberg, Skarlatos Zonarich LLC

320 Market St., Ste. 600W

Harrisburg, PA 17101

 

ESTATE OF MARILYN L. BOYER, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Elaine M. Phillips, Executrix

375 Morris Rd.

P.O. Box 1479

Lansdale, PA 19446-0773

 

Kathleen A. Maloles, Esquire

Hamburg, Rubin, Mullin, Maxwell & Lupin, P.C.

375 Morris Rd.

P.O. Box 1479

Lansdale, PA 19446-0773.

 

ESTATE OF WILLIAM H. SHOWERS, JR., late of Rexmont Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Alexander T. Showers, Administrator

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF DOROTHY J. MARTIN, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Virginia M. Dyke, Executor

35 Woodland Estate

Lebanon, PA 17042

 

Patrick M. Reb, Esquire

547 South 10th Street

Lebanon, PA 17042

 

ESTATE OF JACK B. CHAMBERLAIN, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Glenn M. Chamberlain, Executor

666A Woodford Lane

Yardley, PA 19067

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF ADA Z. MARTIN, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Louis Earl Martin, Executor

71 E. Rosebud Rd.

Myerstown, PA 17067

 

Mervin L. Martin, Executor

926 Stouchsburg Road

Richland, PA 17087

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

SECOND PUBLICATION

 

ESTATE OF BETTY JOANN CHARLES, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John N. Charles, Executor

 

Ryan M. Burroughs, Esquire

Gibbel Kraybill & Hess LLP

P.O. Box 5349

Lancaster, PA 17606

 

ESTATE OF MARY ELLEN WERNER, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Patricia Cole, Administratrix

205 Circle Drive

Palmyra, PA 17078

 

Joseph M. Farrell, Esquire

201/203 South Railroad Street

P.O. Box 113

Palmyra, PA 17078

 

ESTATE OF PAULINE R. POST, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Fulton Bank, N.A., Executor

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ATTORNEY

 

ESTATE OF ELIZABETH R. HERR, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Theresa M. Klinger, Executrix

416 Spruce Street

West Reading, PA 19611

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF NANCY A. STRICKLER, late of Myerstown Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Cinthia A. Snyder, Administratrix

9 E. Main St.

Newmanstown, PA 17073

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF ERIC B. FREY, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Kevin M. Richards, Administrator

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

THIRD PUBLICATION

 

ESTATE OF PAUL ROBERT SECHRIST, late of Bethel Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Ruth A. Halbleib, Personal Representative, Administrator

 

Megan C. Huff, Esquire

Nestico Druby, P.C.

1135 Chocolate Avenue, Suite 300

Hershey, PA 17033

 

ESTATE OF LINDA L. ROHLAND, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Marc Andrew Rohland, Executor

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

 

ESTATE OF ANNABEL C. WILSON, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Sharon L. Wilson, Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF ROBERT L. DONMOYER, SR., late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Deborah A. Weiant, Executrix

825 Lovers Lane,

Lebanon, PA 17046

 

Paul W. Kilgore, Esquire

Spitler, Kilgore & Enck, PC

522 South 8th Street

Lebanon, PA 17042

 

ESTATE OF DENNIS A. BOLTZ, SR., late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Connie L. Boltz, Administratrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF ANTHONY R. BOTT A/K/A ANTHONY RIVES BOTT, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Cynthia C. Bott, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF LOIS M. EISENHOWER, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Brett T. Eisenhower, Executor

594 Woodlawn Drive,

Lebanon, PA 17042

 

Frederick S. Long, Esquire

Long Brightbill

315 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF GLADYS P. O’CONNOR A/K/A GLADYS PORTER O’CONNOR, late of South Annville Township, Lebanon County, Pennsylvania, deceased February 18, 2021. Letters Testamentary have been granted to the undersigned Executor.

 

Thomas A. O’Connor, Executor

 

Edward P. Seeber, Esquire

JSDC Law Offices

Suite C-400

555 Gettysburg Pike

Mechanicsburg, PA 17055

(717) 533-3280

 

 

 

NOTICE OF OWNER’S RIGHTS

 

LOGS LEGAL GROUP LLP

BY: CHRISTOPHER A. DeNARDO, PA I.D. NO. 78447

KRISTEN D. LITTLE, PA I.D. NO. 79992

ALISON H. TULIO, PA I.D. NO. 87075

ELIZABETH L. WASSALL, PA I.D. NO. 77788

LESLIE J. RASE, PA I.D. NO. 58365

3600 HORIZON DRIVE, SUITE 150

KING OF PRUSSIA, PA 19406

TELEPHONE:  (610) 278-6800

E-MAIL:  PAHELP@LOGS.COM

LLG FILE NO. 20-065974

American Advisors Group

PLAINTIFF

VS.

Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Guy Wartluft, deceased and Gary L. Wartluft, known Heir of Guy Wartluft, deceased and LouAnn Hartman, known Heir of Guy Wartluft, deceased and Debra Miller, known Heir of Guy Wartluft, deceased

DEFENDANTS

 

COURT OF COMMON PLEAS

CIVIL DIVISION

LEBANON COUNTY

 

NO: 2021-00135

 

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TO:      Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Guy Wartluft, deceased

5 Valley View Avenue

Annville, PA 17003

Your house (real estate) at:

5 Valley View Avenue, Annville, PA 17003

29-2315159-361231-0000

is scheduled to be sold at Sheriff’s Sale at Lebanon County Sheriff’s Office

Room 3, Municipal Building

400 South Eighth Street

Lebanon, PA 17042-6794 on October 12, 2021 at 10:00AM to enforce the court judgment of $147,739.97 obtained by American Advisors Group against you.

NOTICE OF OWNER’S RIGHTS

YOU MAY BE ABLE TO PREVENT THIS SHERIFF’S SALE

 

To prevent this Sheriff’s Sale you must take immediate action:

 

  1. The sale will be cancelled if you pay back to American Advisors Group the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800.

 

  1. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.

 

  1. You may be able to stop the sale through other legal proceedings.

 

  1. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale.  (See notice on page two of how to obtain an attorney.)

 

YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF’S SALE DOES TAKE PLACE.

 

  1. If the Sheriff’s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800.

 

  1. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property.

 

  1. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-228-4410.

 

  1. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened.

 

  1. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.

 

  1. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale.  This schedule will state who will be receiving the money.  The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule.

 

  1. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.  IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

 

Lebanon County Lawyer Referral Center

MidPenn Legal Services

513 Chestnut Street

Lebanon, PA 17042

717-274-2834

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

20-065974

 

ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN SOUTH ANNVILLE TOWNSHIP, LEBANON COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF VALLEY ESTATES DATED JANUARY, 1962, BY FRANKHOUSE ASSOCIATES, INC., ENGINEERS AND SURVEYORS AS FOLLOWS:

 

BEGINNING AT A POINT AT THE INTERSECTION OF THE WESTERN RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE (50 FEET WIDE) WITH THE BOUNDARY LINE BETWEEN LOTS NO.41 AND 42 ON THE AFORESAID PLAN; THENCE ALONG THE WESTERN RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE NORTH 20 DEGREES 2 MINUTES 6 SECONDS WEST, A DISTANCE OF 165 FEET TO A POINT; THENCE BY AN ARC TO A LEFT HAVING A RADIUS OF 20 FEET, AN ARC DISTANCE OF 31.42 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF VALLEY VIEW AVENUE (50 FEET WIDE); THENCE ALONG THE SOUTHERN RIGHT OF WAY LINE OF VALLEY VIEW AVENUE, SOUTH 69 DEGREES 57 MINUTES 54 SECONDS WEST, A DISTANCE OF 105 FEET TO A POINT ON THE BOUNDARY LINE BETWEEN LOTS NO. 43 AND 32; THENCE ALONG SAID LINE SOUTH 20 DEGREES 2 MINUTES 6 SECONDS EAST, A DISTANCE OF 185 FEET TO A POINT AT THE Intersection OF LOTS 33, 34, 41, AND 42; THENCE ALONG THE BOUNDARY LINE BETWEEN LOTS NO.41 AND 42 NORTH 69 DEGREES 57 MINUTES 54 SECONDS EAST, A DISTANCE OF 125 FEET TO A POINT ON THE WES1ERN RIGHT OF WAY LINE, OF SOUTH COLLEGE AVENUE, THE POINT AND PLACE OF BEGINNING.

 

BEING Lots 42 and 43 on the aforesaid Plat of Valley Estates, recorded in the Recorder of Deeds Office of Lebanon County, Pennsylvania, in Plat Book 4, page 82.

 

UNDER AND SUBJECT to a ten feet wide easement for a water course as shown on the aforesaid Plan of Valley Estates, and

 

UNDER AND SUBJECT to easements, restrictions, reservations and conditions on the aforesaid Plan of Valley Estates or otherwise of record or visible on the premises.

 

PARCEL # 29-2315159-361231-0000

 

FOR INFORMATIONAL PURPOSES ONLY: Being known as 5 Valley Avenue, Annville, Pennsylvania 17003

 

BEING THE SAME PREMISES which Guy E. Wartluft by Deed dated October 25, 1992 and recorded October 26, 1992 in the Office of the REcorder of Deeds in and for the County of Lebanon, Pennsylvania in Book 228, Page 665 granted and conveyed unto Guy E. Wartluft and Doris J. Wartluft, husband and wife, in fee.

 

AND THE SAID Guy E. Wartluft departed this life on or about January 14, 2020 thereby vesting title unto Gary Watluft, LouAnn Hartman, Robert Hartman and Debra Miller, known heir of Guy E. Wartluft and any Unknown Heirs, Successors, assigns, and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Guy W. Wartluft, deceased

 

 

NOTICE TO DEFEND ACTION TO QUIET TITLE

 

In the

 

COURT OF COMMON PLEAS OF LEBANON COUNTY,

Pennsylvania

 

DALANE MANAGEMENT, LLC,                           : No. 2021-00615

Plaintiff                                               :

  1. :

FRANK R. DISSINGER and                                     :

JOHN T. LESHER, their heirs,                                  :

personal representatives, successors of or any           :

unknown persons having or claiming an                    :

apparent interest in said premises herein                    :

described,                                                                    :

Defendants                                         : QUIET TITLE ACTION

 

COMPLAINT

NOTICE

 

TO DEFENDANTS, take notice that on May 28, 2021 Dalane Management, LLC

filed a Complaint in an Action to Quiet Title in the Court of Common Pleas as set forth

above, setting forth that they are the owners of a 15 foot wide unopened alley situate in

South Londonderry Township, Lebanon County, Pennsylvania by virtue of Plaintiffs and

their predecessors usage of the same, by adverse possession of it for more than twenty-one

(21) years prior to the filing of the Complaint in the above case, said alley more specifically

described as follows:

 

BEGINNING at an iron pin on the South side of Market Street, being the northwest comer of land now or late of Dalane Management, LLC, also referred to as Tract No. 1 in Dalane

Management, LLC’s Deed dated May 7, 2021, recorded May 13, 2021 in Record Book 2296, Page 2351; thence along said Tract No. 1 of Dalane Management, LLC, South 7 degrees 26 minutes East 194.3 feet to an iron pin on the North side of another 15 foot wide alley, thence along the North side of said alley North 89 degrees West 15 feet to an iron pin, being the Southeast comer of Tract 2 on the above-referenced Deed to Dalane Management, LLC; thence along said Tract 2 of Dalane Management, LLC, North 7 degrees 26 minutes West 192 feet to an iron pin on the South side of Market Street; thence along the South side of said Market Street North 82 degrees 34 minutes East 15 feet to an iron pin; the place of beginning.

 

Said 15 foot wide unopened alley is further described in Paragraph 4 of the Complaint filed to this action, term and number.

 

The Complaint recites that the Plaintiff and their predecessors in title have been in actual,

continuous, exclusive, visible, notorious, distinct and hostile possession for over twenty-one (21)

years.

 

IF YOU WISH TO DEFEND, you must enter a written appearance personally or by

attorney and file your defense or objections in writing with the Court. You are warned that if you

fail to do so, the case may proceed without you and a judgment may be entered against you without further notice, for the relief requested by the Plaintiff. You may lose money or property or other rights important to you.

 

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO

NOT HA VE A LA WYER OR CANNOT AFFORE ONE, GO TO OR TELEPHONE THE

OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

 

MIDPENN LEGAL SERVICES

513 Chestnut Street

Lebanon, PA 17046

Phone: (717) 274-2834

 

Keith D. Wagner, ID 43891

6 E. Main Street, 2nd Floor

P.O. Box 323

Palmyra, PA 17078

 

NOTICE OF NON-PROFIT CORPORATION

 

NOTICE IS HEREBY GIVEN Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania.

The name of the proposed nonprofit corporation is:

 

Christ Community Church of Lebanon County, Inc.

 

The corporation has been incorporated under the Pennsylvania Law of 1988.

 

NEIL D. ETTINGER, ESQUIRE

ETTINGER & ASSOCIATES, LLC

1815 Schadt Avenue

Whitehall, PA 18052

 

 

 

 

JUDGES OPINION

 

Commonwealth of Pennsylvania v. Jeffrey M. Peiffer

 

Criminal Action-Law-Guilty Plea-Motion to Withdraw-Pre-Sentence Request for Plea Withdrawal-Fair and Just Reason for Withdrawal-Manifest Injustice-Voluntariness of Plea-Innocence-Prejudice to the Commonwealth

 

Defendant pled guilty to Criminal Attempt to Commit Indecent Assault and Public Drunkenness.  Under the guilty plea entered by Defendant, the judge imposing sentence was to decide if the first four (4) months of the sentence would be completed at the Lebanon County Correctional Facility or on house arrest.  Defendant requested to withdraw his guilty plea when he appeared for sentencing.  Following a hearing on the Motion to Withdraw Defendant’s guilty plea, the Court denied the Motion and imposed a sentence of time served to twenty-three (23) months’ imprisonment to be served concurrently with convictions at another action number with house arrest with electronic monitoring for sixty (60) days.  Defendant filed Post Sentence Motions asserting that the Court abused its discretion by failing to allow him to withdraw his guilty plea, as it was not entered freely and voluntarily and he is innocent of the charges.

 

  1. The decision to grant a motion to withdraw a guilty plea lies in the sound discretion of the trial court.

 

  1. While there is no absolute right to withdraw a guilty plea, it is clear that a request made before sentencing should be allowed liberally.

 

  1. In deciding whether to grant a motion to withdraw a guilty plea, the court must consider if the defendant has provided a fair and just reason for withdrawal of the plea and the Commonwealth will not be substantially prejudiced in bringing the case to trial.

 

  1. Prejudice to the Commonwealth is established by showing that the Commonwealth is placed in a worse position than it would have been had trial taken place as scheduled due to events occurring after the entry of the guilty plea.

 

  1. A defendant must show prejudice on the order of manifest injustice before withdrawal of a guilty plea properly is justified.

 

  1. A plea rises to the level of manifest injustice when it was entered into involuntarily, unknowingly or unintelligently.

 

  1. In determining whether a defendant acted involuntarily, unknowingly or unintelligently in entering a guilty plea, the court must examine the guilty plea colloquy for inquiry regarding whether the defendant was advised of the nature of the charges, the factual basis of the plea, the right to a trial by jury, the presumption of innocence, the permissible range of sentence and the judge’s authority to depart from any recommended sentence.

 

  1. A bare assertion of innocence no longer is a fair and just reason for permitting a pre-sentence guilty plea withdrawal.

 

  1. The defendant must make some colorable demonstration that under the circumstances, permitting withdrawal of the plea would promote fairness and justice.

 

  1. Defendant fails to establish a fair and just reason for withdrawal of his guilty plea where Defendant affirmed in the guilty plea colloquy that he understood the charges, the maximum penalties and the plea agreement and discussed the case fully with his attorney, Defendant’s comments after entry of the plea suggest that Defendant wanted to withdraw his guilty plea because the Court denied his motion for modification of bail following entry of his guilty plea and Defendant has experience in the criminal justice system after having pled guilty in the past to other charges.

 

  1. The Commonwealth establishes that it would be prejudiced if Defendant were permitted to withdraw his guilty plea in light of the fact that a key witness has little to no memory of the events of the crime due to the passage of time since Defendant pled guilty and a second witness cannot be located to authenticate an important video showing Defendant’s location the evening of the crimes.

 

L.C.C.C.P. No. CP-38-CR-0001859-2018, Opinion by Charles T. Jones, Jr., Judge, May 13, 2020.

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