1

Vol. 28 January 21, 2011 No. 3

2

LYCOMING REPORTER (USPS 322-900)

THE OFFICIAL LEGAL PERIODICAL FOR LYCOMING COUNTYwww.lycolaw.org

PUBLISHED EVERY FRIDAY BY LYCOMING LAW ASSOCIATION

———Editor: William L. Knecht

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, $1.65 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.

3

PBI SEMINARS FOR WINTER/SPRING 2011LYCOMING 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.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) 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.

TUESDAY, JANUARY 25, 2011—9:00 A.M. to 1:15 P.M. (4 Substantive) BEST OF THE OIL AND GAS LAW COLLO-QUIUMTuition with credits: CHECK WITH PBI FOR COSTSWEDNESDAY, JANUARY 26, 2011—1:00 P.M. to 3:15 P.M. (2 Substantive) PA’S NEW CHILD CUSTODY LAWTuition with credits: CHECK WITH PBI FOR COSTS

4

TUESDAY, FEBRUARY 1, 2011—9:00 A.M. to 11:00 A.M. (1 Substantive, 1 Ethics) ATTORNEY INTERNET USE: ETH-ICS, SOCIAL MEDIA AND WEB BASED RESEARCHTuition with credits: Members (Pa. or any county bar assn.) $ 89.00 Members admitted after 1/1/07 $ 89.00 Non-members $ 99.00TUESDAY, FEBRUARY 8, 2011—9:00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) ADVANCED ISSUES IN CIVIL PRAC-TICETuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00THURSDAY, FEBRUARY 10, 2011—9:00 A.M. to 12:15 P.M. (3 Substantive) WORKERS’ COMPENSATION ISSUES AFFECTING YOUR AUTO ACCIDENT CASETuition with credits: CHECK WITH PBI FOR COSTSTUESDAY, FEBRUARY 22, 2011—9:00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) 17TH ANNUAL AUTO LAW UPDATETuition with credits: Members (Pa. or any county bar assn.) $ 199.00 Members admitted after 1/1/07 $ 179.00 Non-members $ 219.00TUESDAY, MARCH 8, 2011—9:00 A.M. to 1:30 P.M. (4 Substantive) PREMARITAL AGREEMENTSTuition with credits: Members (Pa. or any county bar assn.) $ 199.00 Members admitted after 1/1/07 $ 179.00 Non-members $ 219.00

5

THURSDAY, MARCH 10, 2011—9:00 A.M. to 12:30 P.M. (3 Substantive) FAMILY CAREGIVER CONTRACTS AND USE OF REAL ESTATE FOR ELDER LAW ATTORNEYSTuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00THURSDAY, MARCH 17, 2011—9:00 A.M. to 1:30 P.M. (4 Substantive) DEPARTMENT OF CORRECTIONS 101Tuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00THURSDAY, APRIL 7, 2011—9:00 A.M. to 10:00 A.M. (1 Ethics) ETHICS POTPOURRI: PBA PPROFESSIONALISM COMMITTEE UPDATETuition with credits: Members (Pa. or any county bar assn.) $ 49.00 Members admitted after 1/1/07 $ 49.00 Non-members $ 59.00

6

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 www.lycolaw.org/Cases/search.asp, and enter the name or Web citation or check “Recent Postings.” [How to read the summaries: Case Name, docket number (Web cita-tion—unique number assigned to opinion)—issuing judge (date of issuance) [category] Summary of legal concepts involved (Date posted to the Web site)]Commonwealth vs. Butler, CR-342-2010 (Butler11120910L)—

Judge Marc F. Lovecchio (12/09/2010) [Criminal] Summary: Issues related to the testimony of a police officer as an expert. (Posted: 01/03/2011)

Commonwealth vs. Brown, CR-2006-2009 (brown120810L)—Judge Marc F. Lovecchio (12/08/2010) [Criminal] Summary: Motion to admit bad acts; drug case; evi-dence of other crimes to explain a course of conduct; weighing probative value against prejudice. (Posted: 01/03/2011)

Commonwealth vs. Bressman, CR-1415-2009 (Bress-man120710L)—Judge Marc F. Lovecchio (12/07/2010) [Criminal] Summary: Appeal. (Posted: 01/03/2011)

James vs. Prison Health Services, Inc., 09-02070 (james-1222710L)—Judge Marc F. Lovecchio (12/27/2010) [Criminal] Summary: Preliminary objections; specificity of complaint in identifying the health care professionals who treated plaintiff; direct claim against corporation; specificity of corporate liability averments; sufficiency of “bare-bones” averments of causation. (12/28/2010)

Commonwealth vs. Deas, CR-1705-2006 (Deas122310bt)—Judge Nancy L. Butts (12/23/2010) [Criminal] Summary: Post Conviction Relief Act petition; ineffective counsel; failure to file timely suppression mo-tion; search of person without warrant; inevitable discovery as search incident to arrest would have occurred. (Posted: 12/23/2010)

7

Commonwealth vs. Thomas, CR-1600-2008 (Thomas-122310bt)—Judge Nancy L. Butts (12/23/2010) [Civil] Summary: Post sentence motions for arrest of judg-ment or for new trial; drug delivery case; sufficiency of evidence; actual or constructive possession; evidence from which intent to deliver can be found; weight of the evidence. (Posted: 12/23/2010)

8

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

Crooks, Carol A., dec’d. Late of Williamsport. Co-Administratrices: Misty L. Spotts, 234 S. Main Street, Jersey Shore, PA 17740 and Shelly L. Route, 22 Hunter Lane, Trout Run, PA 17771. Attorneys: Michael J. Casale, Jr., Esquire, Casale & Bonner, P.C., 33 West Third Street, Suite 202, Williamsport, PA 17701, (570) 326-7044.

Fisher, Nina M., dec’d. Late of Williamsport. Executor: James J. Fisher c/o Tammy A. Weber, Esquire, Marshall, Parker & Associates, LLC, 49 E. Fourth Street, Wil-liamsport, PA 17701. Attorneys: Tammy A. Weber, Esquire, Marshall, Parker & Associates, LLC, 49 E. Fourth Street, Williamsport, PA 17701.

Flook, John T., dec’d. Late of the Borough of South Williamsport.

Co-Executors: Christine M. Caruso f/k/a Christine Marie Flook, 2526 Euclid Avenue, Duboistown, PA 17702 and Joseph M. Flook, 250 West Village Drive, South Williams-port, PA 17702. Attorneys: Adrianne J. Stahl, Esquire, Steinbacher & Stahl, 413 Washington Boulevard, Williamsport, PA 17701.

Hill, Sandra J., dec’d. Late of South Williamsport. Executor: Scott M. Hill, 953 South Market Street, Apt. 12, South Williamsport, PA 17702. Attorney: James G. Malee, Es-quire, 310 East Third Street, Williamsport, PA 17701, (570) 321-6112.

Pelczynski, Tama L., dec’d. Late of Montoursville. Administratrix: Susanne Helm rich Lukas, 2 Stoney Creek Drive, Montoursville, PA 17754. Attorneys: Wilfred K. Knecht, Esquire, McCormick Law Firm, 835 West Fourth Street, Williamsport, PA 17701.

Poage, Margaret S., dec’d. Late of Trout Run. Executrix: Valerie L. Lovett, 607 Steam Valley Road, Trout Run, PA 17771. Attorneys: Patricia L. Bow-man, Esquire, Bowman Law Office, 454 Pine Street, Wil-liamsport, PA 17701.

Puderbach, Winifred S., dec’d. Late of Muncy. Administrator: Donald Puder-bach, 4087 Muncy Exchange Road, Muncy, PA 17756.

9

LYCOMING REPORTER

Attorney: Scott A. Williams, Esquire, 57 East Fourth Street, P.O. Box 3, Williams-port, PA 17703.

Yeick, Betty A., dec’d. Late of the Borough of Mon-toursville. Executrix: Lori Ann Stab-ley c/o Matthew J. Parker, Esquire, Marshall, Parker & Associates, LLC, 49 E. Fourth Street, Williamsport, PA 17701. Attorneys: Matthew J. Parker, Esquire, Marshall, Parker & Associates, LLC, 49 E. Fourth Street, Williamsport, PA 17701.

SECOND PUBLICATION

Dangle, Mary C., dec’d. Late of Cogan Station. Executrix: Holly E. Lyons, 1685 Rose Valley Road, Co-gan Station, PA 17728. Attorneys: Joseph F. Orso, III, Esquire, Casale & Bonner, P.C., 33 West Third Street, Suite 202, Williamsport, PA 17701, (570) 326-7044.

Ekblom, Madelyn M., dec’d. Late of the Township of Loy-alsock. Executor: Robert Ekblom, 29 Fairview Street, Keene, NH 03431. Attorneys: Kristine L. Waltz, Esquire, Elion, Wayne, Grieco, Carlucci, Shipman, Ding-es & Dinges, PC, 125 East Third Street, Williamsport, PA 17701.

Lattin, Bonnie L., dec’d. Late of 75 Crestmont Street, Cogan Station.

Executor: Timothy A. Lattin, 75 Crestmont Street, Cogan Station, PA 17728. Attorneys: W. Jeffrey Yates, Esquire, W. Jeffrey Yates, Esq., P.C., 425 Market Street, Suite 2, Williamsport, PA 17701.

Lehman, Clyde W. a/k/a Clyde William Lehman, dec’d. Late of Cogan Station (Hep-burn Township). Lehman Irrevocable Grantor Trust dated September 21, 2009. Settlor: Clyde W. Lehman. Executrix/Trustee: Robin D. Fink, 775 Water Com-pany Road, Cogan Station, PA 17728. Attorneys: Martin A. Flayhart, Esquire, Carpenter, Harris & Flayhart, 128 S. Main St., P.O. Box 505, Jersey Shore, PA 17740.

Miller, Robert L., Jr., dec’d. Late of Linden. Executor: Shane W. Miller, 1139 Charles Street, Williams-port, PA 17701. Attorney: Scott A. Williams, Esquire, 57 East Fourth Street, P.O. Box 3, Williams-port, PA 17703.

Poust, Martha L., dec’d. Late of Hughesville. Executrix: Alice J. Andrews, 354 South Main Street, Hughesville, PA 17737. Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williams-port, PA 17703.

Stuempfle, Helen V., dec’d. Late of the City of Williams-port.

10

LYCOMING REPORTER

Executrix: Dorothy G. Dinch-er, 1109 Locust Street, Mon-toursville, PA 17754. Attorney: Joseph L. Rider, Es-quire, 143 West Fourth Street, Williamsport, PA 17701.

THIRD PUBLICATION

Baker, Ruby P., dec’d. Late of Jersey Shore. Executrix: Joyce L. Cupp, 9997 North Blue Crossing Way, Tucson, AZ 85743. Attorneys: Martin A. Flayhart, Esquire, Carpenter, Harris & Flayhart, 128 S. Main St., P.O. Box 505, Jersey Shore, PA 17740.

Barner, William, dec’d. Late of Williamsport. Executrix: Connie L. Barner, 345 High Street, Williamsport, PA 17701. Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williams-port, PA 17703.

Barnes, Pearl K., dec’d. Late of Williamsport. Executrix: Robin E. Hunter, 812 Claire Road, Montours-ville, PA 17754. Attorneys: Anthony J. Grieco, Esquire, Elion, Wayne, Grieco, Carlucci, Shipman, Dinges & Dinges, P.C., 125 East Third Street, Williamsport, PA 17701.

Bierly, Harold B.E., Jr., dec’d. Late of Jersey Shore. Executor: William C. Bierly, 223 Glover St., Jersey Shore, PA 17740. Attorney: Leroy H. Keiler, III, Esquire, P.O. Box 263, Jersey Shore, PA 17740.

First, Clarence Irvin James, dec’d. Late of South Williamsport. Administratrix: Kristine L. Ottaviano, 317 Bennardi De-velopment Road, South Wil-liamsport, PA 17702. Attorney: James G. Malee, Es-quire, 310 East Third Street, Williamsport, PA 17701, (570) 321-6112.

Hine, Gilbert L., dec’d. Late of Williamsport. Executor: Michael L. Frey, 12 Casey Drive, Williamsport, PA 17701. Attorney: James G. Malee, Es-quire, 310 East Third Street, Williamsport, PA 17701, (570) 321-6112.

Krimm, C. Elwood, dec’d. Late of Muncy. Executor: Ronald Krimm, 22127 Cimarron Parkway, Katy, TX 77450. Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williams-port, PA 17703.

Nittinger, John H., dec’d. Late of Montoursville. Executrices: Bonnie Gruver, 780 Yocumtown Road, Etters, PA 17319 and Cathy Younkin, 399 Baker Road, Trout Run, PA 17771. Attorney: Richard G. Scheib, Esquire, 11 Reitz Blvd., Suite 102, Lewisburg, PA 17837-9293.

O’Brien, James McC., dec’d. Late of Montoursville. Executrices: Kathleen D. O’Brien, 304 Sydney Street,

11

LYCOMING REPORTER

Montoursville, PA 17754 and Myral A. Bonnell, 9584 Rose Valley Road, Trout Run, PA 17771. Attorneys: McNerney, Page, Vanderlin & Hall, 433 Market Street, P.O. Box 7, Williams-port, PA 17703.

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., Williams-port, PA 17701. Attorneys: Jason K. Fetter, Es-quire, Fetter McDermott Law Firm, Old City Hall, 454 Pine Street, Suite 2E, Williamsport, PA 17701.

NOTICE

NOTICE IS HEREBY GIVEN to all parties interested that the fol-lowing Accounts together with all Statement of Proposed Distribu-tion accompanying the same have been filed in the Office of the Reg-ister of Wills and Clerk of Orphans’ Court presented to the Orphans’ Court of Lycoming County for Confirmation Absolute February 1, 2011 unless exceptions are filed before 5:00 P.M. on that date.

1. Hager, Michael P.—Mary Beth Hager, Administratrix.

2. Opp, Jeannette H.—Richard K. Opp, Executor.

3. Porter, Thelma R.—Anthony J. Grieco, II, Executor.Annabel Miller Register of Wills

J-21, 28

NOTICE

In the Court of Common Pleas of Lycoming County, Pennsylvania

Civil Action—Law———

NO. 09-02996———

US MORTGAGE INVESTORS I, LLC,

Plaintiffvs.

EVELYN ALLEN, DECEASED, AND ALL HER KNOWN OR UNKNOWN HEIRS AND/OR DEVISEES,

Defendants———

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

———TO: Evelyn Allen, Deceased, and All

Her Known or Unknown Heirs and/or Devisees, Defendant(s), whose last known address is 654 Second Street, Williams-port, PA 17701.Your house at 654 Second

Street Williamsport, Pennsylvania, Lycoming County, is scheduled to be sold by the Lycoming County Sheriff ’s Department to enforce the Court judgment of $80,079.68, obtained by Plaintiff US Mortgage Investors I, LLC, against you. The Sheriff ’s Sale will be conducted on Friday, May 6, 2011 at 10:30 A.M. at the Executive Plaza 1st Floor, Commissioners Board Room, 330 Pine Street, Williamsport, Pennsyl-vania 17701.

———NOTICE OF OWNERS’ RIGHTS

YOU MAY BE ABLE TO PREVENT THIS SHERIFF’S SALE

———To prevent this Sheriff ’s Sale,

you must take immediate action:

12

LYCOMING REPORTER

1. This sale will be canceled if you pay to US Mortgage Investors I, LLC the back payments, late charges, costs and reasonable attorneys’ fees due. To find out how much you must pay, you may call (610) 338-0338. 2. You may be able to stop the sale by fil-ing 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. 3. You may also be able to stop the sale through other legal proceed-ings. 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 below on 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 the Lycoming County Sheriff ’s Depart-ment at (570) 327-2284. 2. 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. 3. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Lycoming County Sheriff ’s Department at (570) 327-2284. 4. 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 had never happened. 5. You have the 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. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distri-bution of the money bid for your house will be filed by the Lycom-ing County Sheriff on or about thirty (30) days from the date of Sheriff ’s Sale. This schedule will state who will be receiving that 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 distribution sheet is posted. 7. 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

Lawyer Referral Service Susquehanna Legal Services 416 Pine St. Williamsport, PA 17701 (800) 692-7375

PAUL F. D’EMILIO, ESQUIRE LAW OFFICES OF PAUL F. D’EMILIO, LLC Attorneys for Plaintiff 905 W. Sproul Road Suite 105 Springfield, PA 19064 (610) 338-0338

J-21

13

LYCOMING REPORTER

NOTES

14

LYCOMING REPORTER

NOTES

15

LYCOMING REPORTER

NOTES

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, January 24, 2011