Judges Opinions Public Notices, — June 26, 2019 11:19 — 0 Comments

Public Notices, June 26, 2019

Volume 56, No. 48

 

DECEDENTS’ ESTATES

ARTICLES OF INCORPORATION

NOTICE OF NAME CHANGE

 

DECEDENTS’ ESTATES

 

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 NORMA F. BEHNEY, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Jan J. Bowman

130 S. Weaber St.

Annville, PA 17003

 

Daryl J. Gerber, Esquire

The Law Office of Daryl J. Gerber

46 E. Main Street

Palmyra, PA 17078

 

ESTATE OF DOROTHY H. McKINLEY, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Trustees.

 

Carlton E. McKinley, Trustee

Ronald E. McKinley, Trustee

 

Edward P. Seeber, Esquire

JSDC Law Offices

Suite C-400

555 Gettysburg Pike

Mechanicsburg, PA 17055

(717)533-3280

ESTATE OF JOHN R. BOWDEN, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Bridget A. Fittery, Co-Executrix

Bonnie L. Bowden Co-Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

 

 

 

ESTATE OF MARION P. SISCO, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Curtis R. Sisco- Executor

 

Keith D. Wagner, Attorney

P.O. Box 323

Palmyra, PA 17078

 

ESTATE OF WAYNE H. ANSPACH, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Cindy L. Bortner- Executrix

 

George W. Porter, Esquire

909 E. Chocolate Ave.

Hershey, PA 17033

 

SECOND PUBLICATION

 

ESTATE OF MARY JANE BENDER, a/k/a MARY J. BENDER, late of Bethel Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Bonnie Lackey, Executrix

KEVIN M. RICHARDS, ESQUIRE

  1. O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF GEORGE EISENHAUER, a/k/a GEORGE F. EISENHAUER, late of 21 Mine Road, Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Administrator.

 

Matthew J. Wickenheiser, Administrator

220 Forest Circle

Palmyra, PA 17048

 

Chad M. Templin, Esquire

15262 Middle Road

Meadville, PA 16335

 

ESTATE OF CLAIRE M. HALL, late of the Borough of Palmyra, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John W. Hall, Jr., Executor

1845 Meadow Ridge Drive

Hummelstown, PA 17036

 

John S. Davidson, Esquire

Yost & Davidson

320 West Chocolate Avenue

  1. O. Box 437

Hershey, PA 17033

 

ESTATE OF BETTY J. SCHWARE, late of the Borough of Myerstown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Katrina L. Wagner

604 East Lincoln Avenue

Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

 

THIRD PUBLICATION

 

ESTATE OF BERNICE A. BEDLEYOUNG, late of Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Kenneth L. Bedleyoung, Administrator

 

George E. Christianson, Attorney

Lebanon, PA

 

ESTATE OF DENNIS R. HOKE, late of the Borough of Cleona, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

David R. Hoke, Co-Administrator

Gary L. Hoke, Co-Administrator

KEVIN M. RICHARDS, ESQUIRE

  1. O. Box 1140

Lebanon, PA 17042-1140

 

 

ARTICLES OF INCORPORATION

 

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on June 17, 2019, for the purpose of obtaining a Certificate of Incorporation for a nonprofit corporation organized under the Nonprofit Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, Section 103. The name of the corporation is Ebenezer Beautification Committee.

 

 

 

NOTICE OF NAME CHANGE

 

NOTICE IS HEREBY GIVEN that a petition has been filed in the Court of Common Pleas of Lebanon County, Pennsylvania, seeking to change the name of Karl Frederick Goodner to Karla Farryn Goodner. A hearing on the Petition will be held on July 12, 2019 at 3:30 pm in Courtroom No. 3 at the Lebanon County Courthouse 400 South 8th Street, Lebanon, Pennsylvania, at which time any persons interested may attend and show cause, if any, why the Petition should not be granted.

 

 

 

 

OPINION

 

COMMONWEALTH OF PENNSYLVANIA V. LIZAIDA GARAY NO. CP-38-CR-0001140-2015

 

Criminal Action-Constitutional Law-Speedy Trial Rights-Motion to Dismiss-Delay-Due Diligence

 

Defendant was charged via a Criminal Complaint mailed to a listed address in Lebanon, Pennsylvania, on June 1, 2015 with Unauthorized Use of an Automobile and Other Vehicles and Drivers Required to be Licensed after allegedly taking a vehicle owned by her father’s girlfriend to Philadelphia without permission on May 12, 2015. A bench warrant issued when the claimant failed to appear at a preliminary hearing held on June 25, 2018. Defendant filed a Motion to Dismiss the charges on the basis that 1,147 days had elapsed between the filing of the Criminal Complaint and her arrest and the Commonwealth had failed to exercise due diligence to locate her in Philadelphia, Pennsylvania, in order to affect service of the Criminal Complaint or to notify her of the Preliminary hearing.

 

  1. Both the United States and the Pennsylvania Constitutions guarantee the right to a speedy trial.

 

  1. Pa.R.Crim.P. Rule 600 requires that trial in a court case in which a written complaint has been filed against a defendant shall commence within 365 days from the date when the complaint has been filed.

 

  1. Rule 600 has a dual purpose both of protecting a defendant’s constitutional speedy trial rights and protecting society’s right to effective prosecution of criminal cases.

 

  1. In balancing the dual interests, Rule 600 requires the court to consider whether the Commonwealth exercised due diligence and the circumstances occasioning the delay of trial were beyond the control of the Commonwealth.

 

  1. When a defendant has caused the delay, the period of delay will be excluded from computation of time provided the defendant could not be apprehended because his or her whereabouts were unknown and could not have been ascertained by due diligence.

 

  1. Where a period of delay is caused by a defendant’s willful failure to appear at a court proceeding of which he or she has notice, exclusion of the delay is warranted.

 

  1. The burden is upon the Commonwealth to prove by a preponderance of the evidence that due diligence was employed in attempting to apprehend Defendant.

 

  1. In considering due diligence, the actions of the police must be judged by what was done, not by what was not done.

 

  1. Due diligence does not demand perfect vigilance and punctilious care, but, rather, a reasonable effort.

 

  1. Where the record establishes that North Lebanon Township law enforcement had no direct contact with Defendant and no testimony of Defendant’s father was presented indicating that he informed Defendant of the charges or the Philadelphia Police Department holding the claimant in custody in Philadelphia informed Defendant of the charges in Lebanon County, Defendant did not have constructive notice that charges had been lodged against her.

 

  1. Defendant did not receive actual notice of the charges in Lebanon County based upon the mailing of the Criminal Complaint to a Lebanon address identified for the claimant when the Common Pleas Court Management System in June of 2015 identified home addresses for Defendant in both Lebanon and Philadelphia, a North Lebanon Township law enforcement officer testified that Defendant had been detained by Philadelphia Police relating to the incident, the alleged stolen vehicle was found in Philadelphia and no officer from the North Lebanon Township Police Department was available to transport Defendant from Philadelphia to North Lebanon Township at the time when the charges were lodged.

 

  1. Due diligence was not employed in apprehending Defendant where North Lebanon Township law enforcement knew Defendant was in Philadelphia and was being released by the Philadelphia Police Department through direct contact with that Department, Defendant’s father informed a Lebanon County Sheriff’s deputy upon execution of a bench warrant on April 28, 2017 in Lebanon that Defendant was in Philadelphia and law enforcement never made an effort to serve Defendant or to locate her at a home address in Philadelphia listed for Defendant in the Common Pleas Court Management System.

 

L.C.C.C.P. No. CP-38-CR-0001140-2015, Opinion by Samuel A. Kline, Judge, October 29, 2018.

 

 

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