Judges Opinions Public Notices, — June 30, 2021 9:02 — 0 Comments

Public Notices, June 30, 2021

Volume 58, No. 48

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

ORPHANS’ COURT DIVISION NOTICES

TERMINATION OF PARENTAL RIGHTS

FICTITIOUS NAME

 

TABLE OF CONTENTS

Susan G. Anderson and Timothy Buckley, v. John Casale, v. Alfred D. Kinnick, et al., and In Re: 64 Vehicle Accident on Interstate 78 on February 13, 2016

 

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 FRANCIS E. DIETTE, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Cynthia M. Diette, Executrix

#3 Four Little Acres

Palmyra, PA 17078

 

Joseph M. Farrell, Esquire

201/203 South Railroad Street

  1. O. Box 113

Palmyra, PA 17078

 

ESTATE OF ALICE M. COPENHAVER, late of South Annville Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Duane S. Copenhaver, Administrator

 

Gerald J. Brinser, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF INGRID B. WAGNER, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Gerald J. Brinser, Esquire, Executor

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF DIANE L. CHARLES, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrixes.

 

Susan M. Fies and Robin L. Mauk, Co-Executrixes

 

Gerald J. Brinser, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

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

 

Wilbur L. Miller, Executor

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF JUDITH H. HENRY, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Jeffrey K. Henry, Administrator

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF MARIE A. SATTAZAHN, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Jacqueline Crouse, Executrix

 

Gerald J. Brinser, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF JAMES C. SNYDER, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Alyxandra N. Pavone, Administrator

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF FERNE L. BEHNEY, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Susan Hess, Co-Executor

6 Holly Lane

Mohnton, PA 19540

 

Sandra Moritz, Co-Executor

112 Temple Avenue

Mount Gretna, PA 17064

 

Samuel Behney, Jr., Co-Executor

1057 Stracks Dam Road

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

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

 

Lynn A. Zeller, Executor

370 North Middlesex Road

Carlisle, PA 17013

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF DORIS V. SHAAK, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Susan L. Crossley, Executrix

23720 NE 61st Street

Redmond, WA 98053

 

Edward J. Coyle, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ROBERT L. MOYER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Robert L. Moyer, Jr., Executor

 

Jon M. Gruber, Esquire

Russell, Krafft & Gruber, LLP

930 Red Rose Court, Suite 300

Lancaster PA 17601

 

ESTATE OF DUANE A. FAHNESTOCK, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased 03/10/2019. Letters Testamentary have been granted to the undersigned Executrix.

 

Sharon A. Brown, Executrix

 

George W. Porter, Esquire

909 E. Chocolate Ave.

Hershey, PA 17033

 

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

 

Jill Quarry, Executor

1004 S. 2nd Avenue

Lebanon, PA 17042

 

John D. Enck, Esquire

Spitler, Kilgore & Enck, PC

522 South 8th Street

Lebanon, PA 17042

Attorney

 

SECOND PUBLICATION

 

ESTATE OF JOSEPH M. KEATH, late of Cleona Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Scott M. Keath, Executor

21 Willow Ave

Cleona, PA 17083

 

Scott L. Grenoble, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF NANCY M. SCHOTT, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

James C. Schott, Executor

5475 Elba Way

Myrtle Beach, SC 29579

 

Jason J. Schibinger, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF WILLIAM G. TANKERSLEY, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Brian Tanksersley, Administrator

187 Coburn Avenue

Worcester, MA 01604

 

Scott L. Grenoble, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF KEVIN K. HOSTETTER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Jody M Hostetter, Administratrix

13 Grasshopper Ct.

Myerstown, PA 17067

 

Michael S. Bechtold, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ELYNORE A. UHL, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John J. Uhl, Executor

P.O. Box 66

Annville, PA  17003-0066

 

ESTATE OF TAMMY L. BRUBAKER, late of Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Patricia A. Timmins, Administratrix

1910 Schubert Road, Lot 9

Bethel, Pa 19507

 

Paul W. Kilgore, Esquire

Spitler, Kilgore & Enck, PC

522 South 8th Street

Lebanon, PA 17042

Attorney

 

ESTATE OF HARRY H. CORNELL A/K/A HARRY HENDERSON CORNELL, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Wendy D. Cornell, Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF SUZANNE M. FASNACHT, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Keri S. Clay, Executrix

715 Hogestown Road

Mechanicsburg, PA 17050

 

Joseph M. Farrell, Esquire

201/203 South Railroad Street

P.O. Box 113

Palmyra, PA 17078

 

THIRD 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

 

 

 

 

ORPHANS’ COURT DIVISION NOTICES

 

Court of Common Pleas of Lebanon County

Orphans’ Court

Division Notices

 

Notice is hereby given that the following accounts in decedents estates, Guardianships and trusts have been filed in the Office of the Register of Wills and Clerk of Orphans’ Court of Lebanon County, and that the same will be presented to the Court of Common Pleas-Orphans’ Court Division of said County for Confirmation NISI on

 

TUESDAY, July 6, 2021

At 10:00 A.M.

in Courtroom No. 1, Municipal Building, City of Lebanon

 

LIST OF ACCOUNTS WITH PROPOSED SCHEDULE OF DISTRIBUTION BY GUARDIANSHIPS OR ADMINISTRATORS

 

  1. #476 YEAR 2019, First Trust Account for The Mary Warner Trust Established as an Inter Vivos Trust by Mary Warner a/k/a Mary A. Warner, Settlor, Now Deceased, Stated by Bruce and Sharon Fredrickson, Co-Trustees, Melanie Walz Scaringi, Atty.

 

All of the aforesaid accounts and statements of Proposed Distribution will be confirmed ABSOLUTELY as of course by the said Orphans’ Court except those to which exemptions are filed within twenty (20) days after the same are confirmed NISI.

 

Brian Craig

REGISTER OF WILLS AND CLERK OF ORPHANS’ COURT

LEBANON COUNTY, PENNSYLVANIA

 

 

 

TERMINATION OF PARENTAL RIGHTS

 

 

 

FICTITIOUS NAME

 

Joelle L. Hess, 10804 Jonestown Rd, Jonestown PA 17028 did file in the Office of the Secretary of the Commonwealth of Pennsylvania, on or about June 14, 2021 registration of the name:

Double L Logistics under which he intends to do business at 10804 Jonestown Rd, Jonestown PA 17028 pursuant to the provisions of the Act of Assembly of December 16, 1982, Chapter 3,

known as the “Fictitious Name Act”.

 

Randall M. Fischer, Esquire

241 Blue Mountain Rd.

Fredericksburg, PA 17026

(717) 861-4335

 

 

 

 

 

JUDGES OPINION

 

Susan G. Anderson and Timothy Buckley, v. John Casale, v. Alfred D. Kinnick, et al., and

In Re: 64 Vehicle Accident on Interstate 78 on February 13, 2016

 

Civil Action-Law-Mass Tort Litigation-Multiple Vehicle Accident-Additional Defendant-Motion to Dismiss-Service of Process-Defects-Good Faith-Waiver-Participation in Merits of Litigation-Counsel Fees

 

Defendant John Casale (“Casale”) has attempted to join all other vehicle drivers involved in a sixty-four (64) vehicle accident on Interstate 78 on February 13, 2016 in litigation.  Those drivers include Additional Defendant Melissa Hamilton (“Hamilton”), who sought dismissal as an Additional Defendant on the basis that she never was served with original process by Casale.  Casale countered that Hamilton waived the right to challenge service by retaining counsel and participating in the above-stated litigation.

 

  1. When assessing service, the good faith, or lack thereof, of the party responsible for service is a relevant consideration.

 

  1. A finding of good faith requires reasonable care and diligence.

 

  1. The greater the span of time that passes without an effort to effectuate service by alternative means, the less likely the same will result in a finding of good faith on the party responsible for service.

 

  1. Defects in service including failure to serve a party can be waived if a responding party files a formal responsive pleading or participates in the merits of the litigation, which requires more than the lodging of entry of appearance by counsel for a party.

 

  1. Participation in discovery by a party can constitute participation in the merits of a case.

 

  1. Casale did not employ good faith in attempting to serve Hamilton where he did little more than request the Lebanon County Sheriff to serve her at the address listed in the police report, failed to undertake alternative available methods to attempt service upon Hamilton and failed to serve Hamilton with process at the current time, which constitutes a material defect in service that no longer is correctable unless Hamilton waived that defect.

 

  1. Hamilton did not waive defective service by actively participating in the merits of the case where her counsel made no court filings other than lodging her entry of appearance on behalf of Hamilton and motion for dismissal of Hamilton as a party and review of counsel fees charged by Hamilton’s counsel reveals that she did not bill Hamilton for active participation in the case and instead charged for review and monitoring of the case.

 

  1. Title 42 Pa.C.S. § 2503 authorizes reimbursement of counsel fees and costs when a party acts in a manner deemed dilatory, obdurate, vexatious, arbitrary or in bad faith.

 

  1. Casale’s conduct falls within the ambit of § 2503 warranting an award of counsel fees where the record establishes that Casale’s strategy in joining all drivers of vehicles in the collision whose vehicles did not collide with his own caused significant problems for all involved in the mass tort litigation, Casale failed to take reasonable efforts to effectuate service of process upon Hamilton and Casale actively opposed the Motion to Dismiss by arguing that Hamilton actively participated in the merits of the litigation.

 

L.C.C.C.P. Nos. 2018-00118 and 2018-00326, Opinion by Bradford H. Charles, Judge, March 29, 2021.

 

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