vol. 29 march 30, 2012 no. 13 · business manager: jessica a. engel ——— “lycoming reporter...

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Page 1: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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Vol. 29 March 30, 2012 No. 13

Page 2: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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LYCOMING REPORTER (USPS 322-900)

THE OFFICIAL LEGAL PERIODICAL FOR LYCOMING COUNTYwww.lycolaw.org

PUBLISHED EVERY FRIDAY BY LYCOMING LAW ASSOCIATION

———Editor: Gary L. Weber

Business Manager: Jessica A. Engel———

“LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association, Penn Tower, 25 West Third Street, Suite 601, Williamsport, PA 17701. Periodical postage paid at Williamsport, PA 17701-9998 and additional mailing offices. POSTMASTER: Send address changes to LYCOMING REPORTER, Penn Tower, 25 West Third Street, Suite 601, Williamsport, PA 17701.”

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 61—18866

———Printed by Clare Printing, 206 S. Keystone Avenue, Sayre, PA 18840

ADVERTISING RATESAnnual 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: $70.00.

All other advertising unless done by special contract arrangement, $1.75 per half-column line and $3.50 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.

Page 3: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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PBI SEMINARS FOR SPRING/SUMMER 2012LYCOMING LAW ASSOCIATION

25 WEST THIRD STREET, SUITE 601 WILLIAMSPORT, PA

CONTACT PBI TO REGISTER: (800) 247-4724SIGN-IN FOR ALL SEMINARS IS ONE-HALF

HOUR PRIOR TO THE PROGRAM.ANYONE REQUIRING SPECIAL ARRANGEMENTS

FOR A DISABILITY PLEASE CONTACT ZINA BARLUP (800) 932-4637 EXT. 2284

TEN (10) DAYS PRIOR TO THE COURSE.PBI may cancel replays when the registration is

insufficient ten days prior to the replay.Check with PBI for Tuition.

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) 247-4724 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 www.pbi.org to confirm a scheduled seminar or replay.

THURSDAY, APRIL 5, 2012—9:00 A.M. to 10:00 A.M. (1 Ethics) ETHICS POTPOURRI: SOCIAL MARKETING FOR LAWYERS: DARNED IF YOU DO, DARNED IF YOU DON’T?

WEDNESDAY, APRIL 11, 2012—9:00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) THE FAMILY LAW DISCOVERY TOOL KIT

MONDAY, APRIL 16, 2012—12:00 P.M. to 3:15 P.M. (3 Substantive) UM/UIM

Cancelled

Page 4: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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TUESDAY, MAY 1, 2012—9:00 A.M. to 5:00 P.M. (5 Substantive, 1 Ethics) THE STRATEGIC NEGOTIATOR

FRIDAY, MAY 18, 2012—8:30 A.M. to 12:45 P.M. (4 Substantive) WORKERS’ COMPENSATION PRACTICE & PROCEDURE 2012

THURSDAY, MAY 24, 2012—9:00 A.M. to 12:30 P.M. (0 Substantive, 3 Ethics) CHANGING LAW FIRMS: ETHICAL GUIDANCE FOR PENNSYLVANIA LAW FIRMS AND AT-TORNEYS

WEDNESDAY, MAY 30, 2012—9:00 A.M. to 5:00 P.M. (6 Substantive) TRIALS—TIPS, TACTICS & PERSONAL TALES

TUESDAY, JUNE 5, 2012—9:00 A.M. to 5:00 P.M. (6 Substantive) BEST OF THE OIL AND GAS LAW COLLO-QUIUM—CENTRAL PA

WEDNESDAY, JUNE 20, 2012—8:30 A.M. to 4:30 P.M. (5 Substantive, 1 Ethics) THE SECOND SEASON: ISSUES FOR DIVORCE OVER FIFTY

TUESDAY, JUNE 26, 2012—9:00 A.M. to 4:15 P.M. (6 Substantive) REPRESENTING RESIDENTIAL LANDLORD & TENANTS

WEDNESDAY, JUNE 27, 2012—8:30 A.M. to 3:40 P.M. (5 Substantive, 1 Ethics) GENERAL PRACTITIONERS UP-DATE 2012

TUESDAY, JULY 10, 2012—8:30 A.M. to 12:45 P.M. (3 Substantive, 1 Ethics) DEFAMATION, LIBEL & SLANDER

TUESDAY, JULY 24, 2012—9:00 A.M. to 12:30 P.M. (3 Substantive) SPOILATION AND PRESERVATION OF EVI-DENCE IN THE CIVIL CASE

TUESDAY, JULY 31, 2012—9:00 A.M. to 5:00 P.M. (6 Substantive) FUNDAMENTALS OF PERSONAL INJURY

Page 5: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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THURSDAY, AUGUST 9, 2012—9:00 A.M. to 12:15 P.M. (3 Substantive) CELL PHONE FORENSICS: WHAT EVERY ATTORNEY SHOULD KNOW ABOUT RECOVERING DIGI-TAL EVIDENCE

THURSDAY, AUGUST 23, 2012—9:00 A.M. to 10:00 A.M. (1 Ethics) ETHICS TOOLBOX: AN UPDATE BY THE PBA LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE

TUESDAY, AUGUST 28, 2012—9:00 A.M. to 1:15 P.M. (4 Substantive) WHAT THE PERSONAL INJURY LAWYER NEEDS TO KNOW ABOUT MEDICARE SECONDARY PAYER STATUTE

——————LIVE SEMINARS BEING HELD AT THE

PROFESSIONAL DEVELOPMENT CENTER PENN COLLEGE

ONE COLLEGE AVENUE WILLIAMSPORT, PA

TUESDAY, MAY 22, 2012—9:00 A.M. to 1:15 P.M. (4 Substantive) GAS LEASES AND ESTATE PLANNING: TECHNIQUES TO PROTECT THE FUTURE OF YOUR CLI-ENT’S MINERAL RIGHTS

Page 6: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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NOTICE TO THE PROFESSIONParalegal

Local non-profit organization seeks an experienced Paralegal. Must have demonstrated experience as a paralegal including litiga-tion and appellate work. Computer experience a must. Firetree, Ltd. offers a competitive wage and benefit package. Resumes will be accepted until a suitable candidate is found.

Please send a letter of interest and resume to:Firetree, Ltd.

Attn.: Scott Snyder800 West Fourth StreetWilliamsport, PA 17701

Firetree is an Equal Opportunity/Affirmative Action Employer.M-30; A-6

Page 7: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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The full text of the following decisions of the Court of Common Pleas of Lycoming County have been posted to the Lycoming Law Association website. To read the decision, navigate to www.lycolaw.org/Cases/search.asp, and enter the name or Web citation or check “Recent Postings.” [How to read the summaries: Case Name, (date of issuance)—issuing judge, category: Summary of legal concepts involved (Web cita-tion—unique number assigned to opinion) (Date posted to the website)]Wells Fargo Bank, N.A. vs. Breon and Douglas (02/17/

2012)—Judge Richard A. Gray Civil: Preliminary objections; action on a note; question of per-sonal jurisdiction; Florida resident; only claimed Pennsylvania contact is Pennsylvania address listed on note. (Wells021712g) (Posted: 03/07/2012)

Pennsylvania General Energy Company, LLC. vs. Watson Township Zoning Hearing Board (03/06/2012)—Judge Dudley N. Anderson Administrative Appeal: Land use appeal; use of property as office and water transfer station; burden of proof; residential district; permitted or special exception uses; variance request; continuation of nonconforming use; abandonment of use; er-ror of law or abuse of discretion. (pageneralenergyco030612a) (Posted: 03/06/2012)

Porchia vs. Stonehurst Group, LLC. (03/06/2012)—Judge Dudley N. Anderson Civil: Motions for summary judgment and for leave to amend complaint; injunction action for acts of claimed agent of de-fendant; sufficiency of evidence that defendant ratified acts of claimed agent; factual issue involving counterclaim for invasion of privacy; duty of landlord to control conduct of tenants. (porchia030612a) (Posted: 03/06/2012)

Commonwealth vs. Grobes (02/14/2012)—Judge Marc F. Lovecchio Criminal: Motion to dismiss; Rule 600; failure of defendant to appear at preliminary hearing due to incarceration; lack of notice to defendant; Commonwealth attorney responsible for incarceration also prosecuting new case. (Grobes021412L) (Posted: 03/02/2012)

Page 8: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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Commonwealth vs. Burks (02/14/2012)—Judge Marc F. Lovec-chio Criminal: Post-sentence motion; weapon possession; weight of the evidence; circumstantial evidence of possession; admis-sibility of evidence concerning drugs found in vicinity of de-fendant; circumstantial evidence of drug transaction; motion to reconsider sentence; reasonableness of sentence of defiant young man not willing to accept accountability and ignorant of harm he caused. (burks021412L) (Posted: 03/02/2012)

Commonwealth vs. Willits (02/07/2012)—Judge Marc F. Lovecchio Criminal: Petition for writ of habeas corpus; sufficiency of evidence of burglary; failure to have preliminary hearing testimony transcribed; sufficiency of the facts alleged in the petition; boilerplate averment of insufficient evidence. (wil-lits020712L) (Posted: 03/02/2012)

Commonwealth vs. Holmes (02/06/2012)—Judge Marc F. Lovecchio Criminal: Post Conviction Relief Act petition; drug case; claimed ineffective counsel; timeliness of the petition; pos-sible exception to the 1-year limitation; failure of appointed counsel to contact defendant. (Holmes020612L) (Posted: 03/02/2012)

Commonwealth vs. Huff (02/29/ 2012)—Judge Nancy L. Butts Criminal: Appeal; theft conviction; weight and sufficiency of the evidence. (Huff022912bt) (Posted: 03/01/2012)

Hess, Rider & Eline vs. Jordan & Reed (02/29/2012)—Judge Richard A. Gray Civil: Appeal; quiet title and ejectment case; waiver of claims; relationship of consentable lines doctrine to quiet title claims. (hess022912g) (Posted: 02/29/2012)

Page 9: Vol. 29 March 30, 2012 No. 13 · Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association,

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LYCOMING REPORTER

ESTATE AND TRUST NOTICESNotice 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 representa-tives have been appointed within 90 days of death. All persons hav-ing 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 pay-ment, without delay, to the execu-tors or administrators or trustees or to their attorneys named below.

FIRST PUBLICATION

Busch, Carol M. a/k/a Carol M. Green, dec’d. Late of Loyalsock Township. Executor: David N. Colley, 5831 Pleasant Valley Road, Cogan Station, PA 17728. Attorneys: Wilfred K. Knecht, Esquire, McCormick Law Firm, 835 West Fourth Street, Wil-liamsport, PA 17701.

Goode, William M. a/k/a Wil-liam Goode, dec’d. Late of the City of Williamsport. Executor: Daniel L. Boone, 30 Slate Court, Gibsonville, NC 27249. Attorneys: Adrianne J. Stahl, Esquire, Steinbacher & Stahl, 413 Washington Boulevard, Williamsport, PA 17701.

Jenks, Joseph E., III, dec’d. Late of the Township of Hep-burn. Executor: Joseph E. Jenks, IV, 1941 Frey Avenue, Wil-liamsport, PA 17701.

Attorney: Joseph L. Rider, Es-quire, 143 West Fourth Street, Williamsport, PA 17701.

Martz, Frank E., dec’d. Late of Williamsport. Administratrix: Amelia Kopec, 1597 Chapman Road, Crofton, MD 21114.

Watson, Mary A., dec’d. Late of Allenwood. Co-Executrices: Joyce A. Lutz, 103 Watson Road, Allenwood, PA 17810 and Marlene R. Bor-zok, 449 Upper High Street, Frackville, PA 17931-1147. Attorneys: John R. Bonner, Esquire, Casale & Bonner, P.C., 33 West Third Street, Suite 202, Williamsport, PA 17701, (570) 326-7044.

SECOND PUBLICATION

Bitler, Roland H., dec’d. Late of Picture Rocks. Executor: Russell M. Bitler, 154 North Third Street, Hughes-ville, PA 17737. Attorneys: Thomas D. Hess, Esquire, Hess and Hess, P.C., 30 South Main Street, Hughes-ville, PA 17737.

Choate, Jane L., dec’d. Late of Eldred Township. Executrix: Amy L. McNamara c/o Daniel K. Mathers, Es-quire, Mathers & Stapp PC, 416 Pine St., Ste. 308, Wil-liamsport, PA 17701. Attorneys: Daniel K. Mathers, Esquire, Mathers & Stapp PC, 416 Pine St., Ste. 308, Wil-liamsport, PA 17701.

Fischer, Evelyn M., dec’d. Late of Muncy.

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LYCOMING REPORTER

Executor: John E. Fischer, 220 Roaring Run Road, Hughes-ville, PA 17737. Attorneys: Thomas D. Hess, Esquire, Hess and Hess, P.C., 30 South Main Street, Hughes-ville, PA 17737.

Guinter, Althea G., dec’d. Late of Hughesville. Executor: Larry J. Deppen, 361 North Saint Marys Street, Saint Marys, PA 15857. Attorneys: Thomas D. Hess, Esquire, Hess and Hess, P.C., 30 South Main Street, Hughes-ville, PA 17737.

Price, Sally R., dec’d. Late of the Township of Loyal-sock. The Sally R. Price Protector Trust, dated August 17, 2011. Settlor: Sally R. Price. Trustees: Mary P. Mincemoyer and John D. Mincemoyer, 242 Boston Road, P.O. Box 328, Picture Rocks, PA 17762. Attorneys: Adrianne J. Stahl, Esquire, Steinbacher & Stahl, 413 Washington Boulevard, Williamsport, PA 17701.

Williams, June L., dec’d. Late of Williamsport. Administratrix: Debra A. Sul-livan, 1410 Northway Road, Williamsport, PA 17701. Attorneys: Fred A. Holland, Esquire, Murphy, Butterfield & Holland, P.C., 442 Wil-liam Street, Williamsport, PA 17701.

THIRD PUBLICATION

Chapman, James A., dec’d. Late of Williamsport. Executor: Wesley Brown, 305 Elmira Street, Williamsport, PA 17701.

Attorney: Christian D. Frey, Esquire, 140 East Third Street, Williamsport, PA 17701.

Heincelman, Norman F., dec’d. Late of Muncy. Executors: H. Edward Heincel-man, 18712 Rocky Way, Der-wood, MD 20855 and Terre A. Belt, 1270 Village Lake Drive, Davidsonville, MD 21035. Attorney: J. Howard Langdon, Esquire, 3 South Main Street, Muncy, PA 17756.

Hubler, Virginia S., dec’d. Late of the Borough of Dubois-town. Executor: Glenn R. Day, P.O. Box 3451, Quartzsite, AZ 85359. Attorney: Joseph L. Rider, Es-quire, 143 West Fourth Street, Williamsport, PA 17701.

Leiphart, Merl E., Jr., dec’d. Late of Williamsport. Executrix: Ann Ocker, 17 Woodbryn Drive, Williams-port, PA 17701. Attorneys: Fred A. Holland, Esquire, Murphy, Butterfield & Holland, P.C., 442 Wil-liam Street, Williamsport, PA 17701.

NOTICE

NOTICE IS HEREBY GIVEN pursuant to the provisions of Sec-tion 311 of Act 1982-295 (54 Pa. C.S. §311), that an Application for Registration of Fictitious Name for the conduct of business in Lycom-ing County, Pennsylvania, under the assumed or fictitious name, style or designation of:

ED’S MARKETwhose registered office is located at: 1200 Franklin Street, Williams-

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LYCOMING REPORTER

port, Lycoming County, Pennsyl-vania, was filed in the Office of the Secretary of the Commonwealth of Pennsylvania on March 2, 2012. The name and address of the entity owning or interested in said busi-ness is: KK Cookies and Market, Inc., 602 Pine Creek Ave., Jersey Shore, PA 17740.STEPHEN C. SHOLDER, ESQUIRERAUP, WILEY & SHOLDER634 West Fourth St.Williamsport, PA 17701

M-30

NOTICE OF PUBLIC HEARING

Possible School Closures———

Philip Sheridan Elementary School,

Round Hills Elementary School,Thaddeus Stevens Elementary School

———A public hearing will be held on

April 16, 2012 beginning at 6:00 p.m., conducted by the Board of School Directors of the Williams-port Area School District. The hearing will be held in the audito-rium of the Williamsport Area High School, 2990 West Fourth Street,

Williamsport, PA. The subject of the hearing will be the advisability of closing of the Philip Sheridan Elementary School, the Round Hills Elementary School and/or the Thaddeus Stevens Elementary School. A feasibility study by the architect for the Williamsport Area School District has recommended closing two of the three schools.

The purpose of the hearing will be for members of the administra-tion and staff of the Williamsport Area School District to present information to the Board of School Directors and to allow members of the public to express their opin-ions or present facts they believe are important to the Board of School Directors in making a deci-sion regarding whether to close the schools and which schools to close if any are closed.

More information is available on the School District’s website, www.wasd.org.FRED A. HOLLAND, SOLICITORMURPHY, BUTTERFIELD &HOLLAND, P.C.442 William StreetWilliamsport, PA 17701Telephone: (570) 326-6505

M-30

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DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, April 2, 2012