Vol. 28 January 14, 2011 No. 2

Transcription

1 Vol. 28 January 14, 2011 No. 2 1

2 LYCOMING REPORTER (USPS ) THE OFFICIAL LEGAL PERIODICAL FOR LYCOMING COUNTY PUBLISHED EVERY FRIDAY BY LYCOMING LAW ASSOCIATION Editor: William L. Knecht Business Manager: Jessica A. Engel LYCOMING REPORTER (ISSN X) is published weekly for $50 per annum by the Lycoming Law Association, Penn Tower, 25 West Third Street, Suite 601, Williamsport, PA Periodical postage paid at Williamsport, PA and additional mailing offices. POSTMASTER: Send address changes to LYCOMING REPORTER, Penn Tower, 25 West Third Street, Suite 601, Williamsport, General Office: Penn Tower, 25 West Third Street, Suite 601, Williamsport, Pennsylvania Legal Notices of less than 300 words in length must be received by 1:00 P.M. on the Tuesday preceding the date of publication; all other notices must be received by 4:00 P.M. on the Monday preceding the date of publication. Library of Congress Catalog Card Number Printed by Clare Printing, 206 S. Keystone Avenue, Sayre, PA ADVERTISING RATES Annual subscription, $50 per year. Estate advertisement consisting of three (3) insertions, which shall include one (1) Proof of Publication at no additional cost, $80. Incorporation Notices, Fictitious Name Notices, LLC Notices, and similar business notices consisting of one (1) insertion, which shall include one (1) Proof of Publication at no additional cost: $ All other advertising unless done by special contract arrangement, $1.65 per half-column line and $3.30 per full column line. This shall entitle the advertiser to one (1) Proof of Publication at no additional cost. Additional Proofs of Publication, $4.00. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Lycoming Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. The Lycoming Reporter makes no representation as to the quality of services offered by any advertiser in this publication. 2

3 PBI SEMINARS FOR WINTER/SPRING 2011 LYCOMING LAW ASSOCIATION 25 WEST THIRD STREET, SUITE 601 WILLIAMSPORT, PA CONTACT PBI TO REGISTER: (800) SIGN-IN FOR ALL SEMINARS IS ONE-HALF HOUR PRIOR TO THE PROGRAM. ANYONE REQUIRING SPECIAL ARRANGEMENTS FOR A DISABILITY PLEASE CONTACT ZINA BARLUP (800) EXT TEN (10) DAYS PRIOR TO THE COURSE. PBI may cancel replays when the registration is insufficient ten days prior to the replay. Prices listed below reflect early registration with PBI. An additional $25.00 charge is assessed for registration at the door. If you plan to register at the door, please call the PBI Customer Service Department at (800) before the program. If you are pre-registered and PBI elects to cancel the replay, you will be notified by PBI. Please feel free to check to confirm a scheduled seminar or replay. TUESDAY, JANUARY 25, :00 A.M. to 1:15 P.M. (4 Substantive) BEST OF THE OIL AND GAS LAW COLLO- QUIUM CHECK WITH PBI FOR COSTS WEDNESDAY, JANUARY 26, :00 P.M. to 3:15 P.M. (2 Substantive) PA S NEW CHILD CUSTODY LAW CHECK WITH PBI FOR COSTS 3

4 TUESDAY, FEBRUARY 1, :00 A.M. to 11:00 A.M. (1 Substantive, 1 Ethics) ATTORNEY INTERNET USE: ETH- ICS, SOCIAL MEDIA AND WEB BASED RESEARCH Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $ TUESDAY, FEBRUARY 8, :00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) ADVANCED ISSUES IN CIVIL PRAC- TICE Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $ THURSDAY, FEBRUARY 10, :00 A.M. to 12:15 P.M. (3 Substantive) WORKERS COMPENSATION ISSUES AFFECTING YOUR AUTO ACCIDENT CASE CHECK WITH PBI FOR COSTS TUESDAY, FEBRUARY 22, :00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) 17TH ANNUAL AUTO LAW UPDATE Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $ TUESDAY, MARCH 8, :00 A.M. to 1:30 P.M. (4 Substantive) PREMARITAL AGREEMENTS Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $

5 THURSDAY, MARCH 10, :00 A.M. to 12:30 P.M. (3 Substantive) FAMILY CAREGIVER CONTRACTS AND USE OF REAL ESTATE FOR ELDER LAW ATTORNEYS Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $ THURSDAY, MARCH 17, :00 A.M. to 1:30 P.M. (4 Substantive) DEPARTMENT OF CORRECTIONS 101 Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $ THURSDAY, APRIL 7, :00 A.M. to 10:00 A.M. (1 Ethics) ETHICS POTPOURRI: PBA PPROFESSIONALISM COMMITTEE UPDATE Members (Pa. or any county bar assn.) $ Members admitted after 1/1/07 $ Non-members $

6 NOTICE TO THE PROFESSION IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY IN RE: Amendments to the Lycoming County Rules of Civil Procedure Docket number ORDER AND NOW, this 3rd day of January 2011, it is hereby OR- DERED AND DIRECTED as follows: 1. Lycoming County Rules of Civil Procedure L205.2(a) and L shall be amended as set forth on the attachment. (Italics is new language; strikeout is removed language.) 2. The following Lycoming County Rules of Civil Procedure are rescinded: L1910.1, L1910.4, L1910.5, L1910.8, L , L1914, L , L1920.2, L1920.3, L , L , L , L , L and L The Prothonotary is directed to: a. File seven (7) certified copies of this order with the Administrative Office of the Pennsylvania Courts. b. Forward two (2) certified copies of this order and a computer disk containing the text of the local rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. c. Forward one (1) certified copy of this order to the Pennsylvania Civil Procedural Rules Committee. d. Forward one (1) copy of this order to the chairman of the Lycoming County Customs and Rules Committee. 4. The revision to Rule L205.2(a) shall become effective immediately after its posting on the Pennsylvania Judiciary s Web Application Portal. 6

7 5. The remainder of the revisions shall become effective 30 days after the publication of this order in the Pennsylvania Bulletin. BY THE COURT, /s/nancy L. Butts Nancy L. Butts, P.J. /s/dudley N. Anderson Dudley N. Anderson, J. /s/richard A. Gray Richard A. Gray, J. /s/marc F. Lovecchio Marc F. Lovecchio, J. /s/joy Reynolds McCoy Joy Reynolds McCoy, J. J-14 7

8 L Filing Legal Papers with the Prothonotary. (a) Size of paper. Number of copies. All pleadings, motions, petitions, briefs and other legal documents filed with the prothonotary shall be on paper size 8 1/2 inches by 11 inches, unless otherwise required by rule or order of court. Any document more than three pages in length may be printed on both sides of the paper. The original and one copy of all documents to which rule L205.2(b)B applies shall be filed. Unless otherwise required by another applicable rule or order of court, only the original of a brief or any other document is required to be filed. (b) Required cover sheets.... L Physical/Mental/Psychological Examinations and Home Studies. A. Upon agreement of the parties at the initial conference, the hearing officer may include in the recommended interim order a direction that the parties obtain physical, mental or psychological examinations and/or home studies, prior to the date of the pre-trial conference and may establish a date by which the parties must make the initial arrangements. Where mediation is utilized, the order may provide that the evaluation be undertaken during the mediation process, deferred until mediation is complete or be left for consideration at the pre-trial conference. B. Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered into by stipulation must be made by motion in accordance with Pa. R.C.P. No , alleging specific facts and reasons for the request, with a hearing to be held after reasonable notice to the other party. C. Unless otherwise directed by the court or hearing officer or agreed upon by the parties, the expense of any evaluation shall be borne initially by the party requesting the evaluation and shall be paid in accordance with Pa. R.C.P. No A final allocation of the expense may be made by the court upon entry of an order or decision rendered on any issues raised in the proceeding. 8

9 D. Any evaluation filed with the court shall not be available for public inspection and shall be impounded by the prothonotary. Lycoming County Domestic Relations Rules Proposed to be Rescinded Rule Title Rationale L Scope Unnecessary L Commencement Fee Covered by 1912 L Complaint, Order Covered by , L Transfer Obsolete L Disobedience Obsolete, Now covered by L Attachment of Wages Obsolete L1914 Parent education Obsolete L Mediation Obsolete L Venue Covered by state rule L Processing form Obsolete L Counterclaim- Obsolete Processing form L Forms Covered by state rule L Forms Covered by state rule L Forms Covered by state rule L Forms Covered by state rule L Forms Covered by state rule 9

10 The full text of the following decisions of the Court of Common Pleas of Lycoming County have been posted to the Lycoming Law Association Web site. To read the decision, navigate to and enter the name or Web citation or check Recent Postings. [How to read the summaries: Case Name, docket number (Web citation unique number assigned to opinion) issuing judge (date of issuance) [category] Summary of legal concepts involved (Date posted to the Web site)] Commonwealth vs. Diemer, CR (Diemer122310bt) Judge Nancy L. Butts (12/23/2010) [Criminal] Summary: Petition for habeas corpus; sufficiency of evidence; theft case; contractor obtaining money for work that is never performed. (Posted: 12/23/2010) DG vs. DG, (dg122210a) Judge Dudley N. Anderson (12/22/2010) [Support] Summary: Exceptions to support order; earning capacity; reasonable efforts to obtain suitable employment; inclusion of business expenses in calculation of earning capacity; credit for payment of marital expenses; calculating credit due in equitable distribution for mortgage payment. (Posted: 12/22/2010) SC vs. KC, (sc121410m) Judge Joy Reynolds McCoy (12/14/2010) [Divorce] Summary: Motion to interpret antinuptial agreement; pension distribution; distribution of accumulated sick time and leave upon retirement; claimed ambiguity; rules of interpretation; plain meaning of the clear and unambiguous contract. (Posted: 12/16/2010) GZ vs. DZ, (gz121410m) Judge Joy Reynolds McCoy (12/14/2010) [Divorce] Summary: Motion for reconsideration of bifurcated divorce decree; conditions in bifurcation order; interest in obtaining adequate health insurance; failure to file timely petition requesting special relief; refusal of court to consider ex-parte communications. (Posted: 12/15/2010) 10

11 LYCOMING REPORTER ESTATE AND TRUST NOTICES Notice is hereby given that, in the estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below. FIRST PUBLICATION Dangle, Mary C., dec d. Late of Cogan Station. Executrix: Holly E. Lyons, 1685 Rose Valley Road, Cogan Station, PA Attorneys: Joseph F. Orso, III, Esquire, Casale & Bonner, P.C., 33 West Third Street, Suite 202, Williamsport, PA 17701, (570) Ekblom, Madelyn M., dec d. Late of the Township of Loyalsock. Executor: Robert Ekblom, 29 Fairview Street, Keene, NH Attorneys: Kristine L. Waltz, Esquire, Elion, Wayne, Grieco, Carlucci, Shipman, Dinges & Dinges, PC, 125 East Third Street, Williamsport, Executor: Timothy A. Lattin, 75 Crestmont Street, Cogan Station, PA Attorneys: W. Jeffrey Yates, Esquire, W. Jeffrey Yates, Esq., P.C., 425 Market Street, Suite 2, Williamsport, PA Lehman, Clyde W. a/k/a Clyde William Lehman, dec d. Late of Cogan Station (Hepburn Township). Lehman Irrevocable Grantor Trust dated September 21, Settlor: Clyde W. Lehman. Executrix/Trustee: Robin D. Fink, 775 Water Company Road, Cogan Station, PA Attorneys: Martin A. Flayhart, Esquire, Carpenter, Harris & Flayhart, 128 S. Main St., P.O. Box 505, Jersey Shore, PA Miller, Robert L., Jr., dec d. Late of Linden. Executor: Shane W. Miller, 1139 Charles Street, Williamsport, Attorney: Scott A. Williams, Esquire, 57 East Fourth Street, P.O. Box 3, Williamsport, PA Poust, Martha L., dec d. Late of Hughesville. Executrix: Alice J. Andrews, 354 South Main Street, Hughesville, PA Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williamsport, PA Lattin, Bonnie L., dec d. Late of 75 Crestmont Street, Cogan Station. 11 Stuempfle, Helen V., dec d. Late of the City of Williamsport.

12 Executrix: Dorothy G. Dincher, 1109 Locust Street, Montoursville, PA Attorney: Joseph L. Rider, Esquire, 143 West Fourth Street, Williamsport, SECOND PUBLICATION Baker, Ruby P., dec d. Late of Jersey Shore. Executrix: Joyce L. Cupp, 9997 North Blue Crossing Way, Tucson, AZ Attorneys: Martin A. Flayhart, Esquire, Carpenter, Harris & Flayhart, 128 S. Main St., P.O. Box 505, Jersey Shore, PA Barner, William, dec d. Late of Williamsport. Executrix: Connie L. Barner, 345 High Street, Williamsport, Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williamsport, PA Barnes, Pearl K., dec d. Late of Williamsport. Executrix: Robin E. Hunter, 812 Claire Road, Montoursville, PA Attorneys: Anthony J. Grieco, Esquire, Elion, Wayne, Grieco, Carlucci, Shipman, Dinges & Dinges, P.C., 125 East Third Street, Williamsport, Bierly, Harold B.E., Jr., dec d. Late of Jersey Shore. Executor: William C. Bierly, 223 Glover St., Jersey Shore, PA Attorney: Leroy H. Keiler, III, Esquire, P.O. Box 263, Jersey Shore, PA LYCOMING REPORTER 12 First, Clarence Irvin James, dec d. Late of South Williamsport. Administratrix: Kristine L. Ottaviano, 317 Bennardi Development Road, South Williamsport, PA Attorney: James G. Malee, Esquire, 310 East Third Street, Williamsport, PA 17701, (570) Hine, Gilbert L., dec d. Late of Williamsport. Executor: Michael L. Frey, 12 Casey Drive, Williamsport, PA Attorney: James G. Malee, Esquire, 310 East Third Street, Williamsport, PA 17701, (570) Krimm, C. Elwood, dec d. Late of Muncy. Executor: Ronald Krimm, Cimarron Parkway, Katy, TX Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williamsport, PA Nittinger, John H., dec d. Late of Montoursville. Executrices: Bonnie Gruver, 780 Yocumtown Road, Etters, PA and Cathy Younkin, 399 Baker Road, Trout Run, PA Attorney: Richard G. Scheib, Esquire, 11 Reitz Blvd., Suite 102, Lewisburg, PA O Brien, James McC., dec d. Late of Montoursville. Executrices: Kathleen D. O Brien, 304 Sydney Street, Montoursville, PA and Myral A. Bonnell, 9584 Rose

13 Valley Road, Trout Run, PA Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williamsport, PA Rolley, Dennis I., dec d. Late of Cogan Station. The Rolley Family Irrevocable Trust. The Dennis I. Rolley Income Only Protector Trust. Executor: Paul E. Greenway, 1824 Jamison Ave., Williamsport, Attorneys: Jason K. Fetter, Esquire, Fetter McDermott Law Firm, Old City Hall, 454 Pine Street, Suite 2E, Williamsport, THIRD PUBLICATION Bersani, Antonio A., dec d. Late of Montoursville. Executrix: Moira Bersani- McLane, 15 Richard Road, Assonet, MA Attorney: Christian D. Frey, Esquire, 140 East Third Street, Williamsport, Letcher, Ronald L., dec d. Late of Montgomery. Executor: Steven L. Letcher, 251 Hemlock Hill Road, Montgomery, PA Attorney: J. Howard Langdon, Esquire, 3 South Main Street, Muncy, PA Rotondi, Anthony J., Sr., dec d. Late of Montoursville. Co-Executors: Anthony J. Rotondi, Jr., 50 Country Farm Road, East Bridgewater, MA and Phillip Rotondi, 3347 South 5th Street, Arlington, VA LYCOMING REPORTER 13 Attorneys: Michael J. Casale, Jr., Esquire, Casale & Bonner, P.C., 33 West Third Street, Suite 202, Williamsport, PA 17701, (570) NOTICE In the Court of Common Pleas of Lycoming County, Pennsylvania Civil Action No GEORGE McCAULLEY and VICTORIA McCAULLEY, his wife, Plaintiffs vs. EAST PENN DEVELOPMENT COMPANY, and their successors, heirs, administrators, and assigns or anyone claiming by, through or under them Defendants ACTION TO QUIET TITLE NOTICE TO: East Penn Development Company, all of their heirs, successors and assigns, and anyone claiming by, through or under them, or any of them, Defendants: On January 3, 2011, the Court of Common Pleas of Lycoming County entered a judgment in which it gave you and each of you thirty (30) days from said date on which to bring an action of ejectment against the Plaintiffs for the recovery of the land described in Paragraph 3 of Plaintiffs Complaint and failing that you are forever barred from asserting any right, lien, title or interest in

14 Plaintiffs land inconsistent with the ownership of Plaintiffs. LESTER L. GREEVY, JR., ESQUIRE GREEVY & ASSOCIATES Attorneys for Plaintiffs P.O. Box 328 Montoursville, PA J-14 NOTICE NOTICE IS HEREBY GIVEN that a Certificate of Limited Partnership was filed on or about December 29, 2010, with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Limited Partnership, organized under the Business Corporation Law of 1988; December 21, 1988 (P.L. 1444, No. 177), as amended. The name of the limited partnership is: DIAMOND POINT, LP 429 Market Street, Williamsport, The purpose for which the limited partnership was organized is: To own, manage, develop, sell, rent or otherwise engage in any activity involving real property. To otherwise engage in any and all business activities for which limited partnerships may be formed and organized. SCOTT T. WILLIAMS, ESQUIRE LAW OFFICES PERCIBALLI & WILLIAMS, LLC a division of Stevens & Lee 429 Market Street Williamsport, PA J-14 NOTICE LYCOMING REPORTER NOTICE IS HEREBY GIVEN that Articles of Incorporation were 14 filed with the Department of State of the Commonwealth of Pennsylvania, Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation for a Professional Corporation to be organized under the Pennsylvania Business Corporation Law of 1988 (P.L. 1444, No. 177), as amended. The name of the corporation is: MICHAEL G. LEONARD, J.D. P.C. Nine South Main Street, Muncy, Pennsylvania The purpose for which the business has been organized is to provide legal services and engage in and to do any lawful act concerning any or all lawful business for which professional corporations may be incorporated under the Pennsylvania Business Corporation Law of 1988, as amended. MICHAEL G. LEONARD, JD, ESQUIRE Nine South Main Street Muncy, PA (570) J-14 NOTICE NOTICE IS HEREBY GIVEN that a Certificate of Organization was filed on or about December 29, 2010, with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Organization for a domestic limited liability company, organized under the Business Corporation Law of 1988; December 21, 1988 (P.L. 1444, No. 177), as amended. The name of the limited liability company is: MetroSite, LLC 429 Market Street, Williamsport,

15 LYCOMING REPORTER The purpose for which the limited liability company was organized is: To own, manage, develop, sell, rent or otherwise engage in any activity involving real property. To act as general partner for limited partnerships involved in any and all activities regarding real property. To otherwise engage in any and all business activities for which limited liability companies may be formed and organized. SCOTT T. WILLIAMS, ESQUIRE LAW OFFICES PERCIBALLI & WILLIAMS, LLC a division of Stevens & Lee 429 Market Street Williamsport, PA J-14 NOTICE NOTICE IS HEREBY GIVEN that a Certificate of Organization was filed on December 30, 2010 with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, PA for the purposes of obtaining a Certificate of Organization for the Limited Liability Company organized under the Business Corporation Law of 1988; December 21, 1988 (P.L. 1444, No. 177), as amended. The name of the Limited Liability Company is: RICK PIGER III, LLC 148 Alexis Drive, Williamsport, The purpose for which the business was organized is: To have unlimited power to engage in and do any lawful act concerning any and all lawful business for which a limited liability company may be organized under the Pennsylvania Business Corporation Law of 1988, as amended. J. MICHAEL WILEY, ESQUIRE RAUP, WILEY & SHOLDER 634 West Fourth St. Williamsport, PA J-14 NOTICE NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, PA on December 13, 2010 with respect to a For Profit Corporation to be organized under the Pennsylvania Corporation Law of The name of the Corporation is: INTRADA TECHNOLOGIES, INC. whose principal address is: 1401 East Third Street, Williamsport, J. MICHAEL WILEY, ESQUIRE RAUP, WILEY & SHOLDER 634 West Fourth St. Williamsport, PA J-14 15

16 D E L I V E R TO: PERIODICAL PUBLICATION * Dated Material. Do Not Delay. Please Deliver Before Monday, January 17, 2011