Judges Opinions Public Notices, — November 4, 2020 11:36 — 0 Comments

Public Notices, November 4, 2020

Volume 58, No. 14

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

CHANGE OF NAME

 

TABLE OF CONTENTS

Donald L. Devore and Deborah A. Devore, v. Earnest Meily

 

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 MARIE E. MORTON, late of the borough of Palmyra, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Rebecca A. Morton, Executrix

110 Tee Pee Trl

Durham, NC 27703

 

Mike Pottmeyer

110 Tee Pee Trl

Durham, NC 27703

919-817-6173

 

ESTATE OF NANCY L. IMHOF, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Eric D. Imhof, Executor

104 Riders Way

Lebanon, PA 17042

 

Paul W. Kilgore, Esquire

Spitler, Kilgore & Enck, PC

522 South 8th Street

Lebanon, PA 17042

 

ESTATE OF NANCY A. SMITH, late of the Borough of Richland, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Robert S. Smith, Executor

119 S. Sheridan Road

Newmanstown, PA 17073

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LARRY F. ROUSH, late of 110 Brown Ave., Mount Gretna, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Stinson Stroup, Executor

 

John E. Feather, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

 

ESTATE OF DAVID W. BAKER, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.

Frederick T. Heilman, Administrator

 

Kevin M. Richards, Esquire

  1. O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF ALVESTA G. SCHWAB A/K/A ALVESTA SCHWAB, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Keith D. Wagner, Executor

 

Gerald J. Brinser, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

SECOND PUBLICATION

 

ESTATE OF DOROTHY J. BECK, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Cynthia A. Berger, Executor

 

Brian A. Beck, Executor

 

Anthony J. Fitzgibbons, Esquire

279 North Zinn’s Mill Road

Lebanon, PA  17042

717-279-8313

 

ESTATE OF GRACE H. LEHMAN, late of the Borough of Richland, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Delmas Lehman, Executor

128 Lengle Road

Myerstown, PA 17067

 

Lamar Lehman, Executor

198 Tulley Drive

Bernville, PA 19506

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LINDA E. LONG, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

 

  1. Tome, S. Snavely, Executors

 

Young and Young 

44 South Main Street

Manheim, PA 17545

 

ESTATE OF JOYCE M. DUNDORE A/K/A JOYCE MARIE DUNDORE, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Wendy Johnson, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF ROBERTA S. MILLER, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Susanne L. Brown, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF JEFFREY LYNN JACOBY, A/K/A JEFFREY L. JACOBY, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Bonnie Fasnacht, Executrix

 

Richard R. Reilly, Esquire

54 N. Duke Street

York, PA 17401-1210

 

ESTATE OF EDWARD J. ZABIEGALSKI, JR., late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Carolyn D. Karl, Administratrix

 

George W. Porter, Esq.

909 E. Chocolate Ave.

Hershey, PA  17033

 

THIRD PUBLICATION

 

ESTATE OF WILMA M. RUCCO A/K/A WILMA MARILYN RUCCO, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Toni T. Miller, Executor

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF MICHAEL E. BORDNER, A/K/A MICHAEL EDWARD BORDNER, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Eric Michael Bordner, Executor

Kevin M. Dugan, Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ESTATE OF JANET Y. EDWARDS, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased.  Letters Testamentary have been granted to the undersigned Executor.

 

Jeffrey G. Edwards, Executor

905 Sycamore Lane

Lebanon, PA 17046

 

ESTATE OF BONITA F. KNOLL, A/K/A BONITA F. MATTHEW, late of the Township of North Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Treva F. Matthew, Executor

765 N. 22nd St., Apt. 1

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF JEAN K. LIGHTNER, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Mary Donmoyer, Executrix

711 Oak St

Myerstown, PA 17067

 

Jason J Schibinger, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ELEANOR P GASSERT, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Karen Ramos, Executrix

118 N 4th Street

Lebanon, PA 17046

 

Bret M. Wiest, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF NAOMI K. MOYER, late of the Borough of Myerstown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Errol S. Moyer, Executor

6425 Hollow Drive

East Petersburg, PA 17520

 

Lucinda M. Bradley, Executor

67 N. Lebanon Street

Lebanon, PA 17042

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF JOSEPH D. DUNLAP, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Mariellen Lantz, Executor

 

Donna Long Brightbill, Esquire

Long Brightbill

315 S. Lincoln Avenue

Lebanon, PA 17042

 

ESTATE OF KATHLEEN P. ATTICK, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Joanne Haldeman, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

 

CHANGE OF NAME

 

Notice is hereby given that on the 19th day of October 2020, the Petition of Raine L. Brantley was filed in the above Court requesting an Order to Change the Name of Petitioner from Raine L. Brantley to Lizmari Skylar Quinones.

 

The Court has fixed the 9th day of November 2020 at 3:00 p.m., before the Honorable Bradford H. Charles in Courtroom Number 3 of the Lebanon County Courthouse, 400 South Eighth Street, Lebanon, Pennsylvania, as the time and place the Hearing of said Petition, where any and all interested parties may appear and show cause, if any they have, why the request of Petitioner should not be granted.

 

Andrew J. Race, Esquire

REILLY WOLFSON

1601 Cornwall Road

Lebanon, PA 17042

(717) 273-3733

Counsel for Petitioner

 

 

 

 

 

 

 

 

 

 

 

 

CHANGE OF NAME

 

Notice is hereby given that on the 12th day of October, 2020, the Petition of Alisha Marie Copertino was filed in the above Court requesting an Order to Change the Name of Petitioner from Alisha Marie Copertino to Ryan Joseph Copertino.

 

The Court has fixed the 13th day of November, 2020 at 1:30 p.m., before the Honorable Samuel A. Kline in Courtroom Number 2 of the Lebanon County Courthouse, 400 South Eighth Street, Lebanon, Pennsylvania, as the time and place the Hearing of said Petition, where any and all interested parties may appear and show cause, if any they have, why the request of Petitioner should not be granted.

 

Alisha Marie Copertino

416 Weidman St.

Lebanon, PA 17046

 

CHANGE OF NAME

 

Notice is hereby given that on the 23rd day of October, 2020, the Petition of Heather Hoffert was filed in the Lebanon County Court of Common Pleas at Docket No. 2020-01214, seeking to change the name of minor child from A.L.G. to A.H.H. The Court has fixed the day of November 24, 2020, at 9:30 a.m. in Courtroom No. 4, in the Lebanon County Courthouse, 400 South 8th Street, Lebanon, Pennsylvania 17042 as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

 

Kara W. Haggerty, Esquire

Law Offices of Peter J. Russo, P.C.

245 Grandview Avenue, Suite 102

Camp Hill, PA 17011

(717) 591-1755

Attorney for Petitioner

 

 

 

CHANGE OF NAME

 

Notice is hereby given that on the 23rd day of October, 2020, the Petition of Heather Hoffert was filed in the Lebanon County Court of Common Pleas at Docket No. 2020-01215, seeking to change the name of minor child from A.M.B. to A.M.H. The Court has fixed the day of November 24, 2020, at 9:30 a.m. in Courtroom No. 4, in the Lebanon County Courthouse, 400 South 8th Street, Lebanon, Pennsylvania 17042 as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

 

Kara W. Haggerty, Esquire

Law Offices of Peter J. Russo, P.C.

245 Grandview Avenue, Suite 102

Camp Hill, PA 17011

(717) 591-1755

Attorney for Petitioner

 

JUDGES OPINION

Donald L. Devore and Deborah A. Devore, v. Earnest Meily

 

Civil Action-Law-Amendment of Pleading-Discretion of the Court-Addition of Party-Amount of Damages-Prejudice

 

Plaintiffs lodged this cause of action against Defendant relating to damages alleged to have been caused upon their property by excavations upon Defendant’s adjacent property that changed the natural course of storm water runoff and concentrated the flow of storm water upon Plaintiffs’ property.  Plaintiffs have filed a Petition for Leave to Amend their Complaint to add Defendant’s Wife, Sherri L. Meily, as a defendant and to amend the amount of damages sought.

 

  1. Pa.R.C.P. Rule 1033 provides that a party may at any time either with the consent of the opposing party or by leave of the court amend his or her pleadings.

 

  1. Amendments to pleadings should be allowed at any stage of the adversary process to secure a decision of the case on its merits unless surprise or prejudice to the other party would result or the proposed amendment is against positive rule of law.

 

  1. The trial court enjoys broad discretion in determining whether an amendment of a pleading should be granted.

 

  1. Prejudice that would prevent the grant of an amendment must be something more than a detriment to the other party since any amendment almost certainly is designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party.

 

  1. In determining whether prejudice exists to preclude amendment of a pleading, the prejudice must go beyond that which normally would flow from the allowance of the amendment.

 

  1. While the timeliness of the request to amend is a factor to be considered in determining prejudice, it is considered only insofar as it presents a question of prejudice to the opposing party such as by loss of a witness or creation of an eleventh hour surprise.

 

  1. In light of the fact that the case is in the early stages of ligation, no significant discovery has occurred and no trial dates or deadlines have been scheduled, no prejudice inures to Defendant in permitting the addition of Sherri L. Meily as a defendant or amendment of the amount of damages sought.

 

L.C.C.C.P. No. 2019-00575, Opinion by Charles T. Jones, Jr., Judge, April 27, 2020.

 

 

 

 

IN THE COURT OF COMMON PLEAS

OF LEBANON COUNTY, PENNSYLVANIA

 

CIVIL DIVISION

 

DONALD L. DEVORE,

DEBORAH A. DEVORE,

Plaintiff,

 

  1. :                                     Docket No.: 2019-00575

 

EARNEST MEILY,

Defendant.

 

APPEARANCES:

Timothy T. Engler, Esquire                                                                                                                            For Plaintiffs

Matthew T. Boyer, Esquire                                                                                                                            For Defendant

 

OPINION BY JONES, JR., J.:

Before the Court is Plaintiffs’ Petition for Leave to Amend Complaint.

 

PROCEDURAL AND FACTUAL HISTORY

The parties own property that is adjoining. The Meily Property is located on higher ground uphill from the DeVore Property. Prior to the summer of 2018, the DeVore property did not have a problem with storm water runoff from the uphill Meily Property.

During the summer of 2018, Plaintiffs claim Defendant made or caused excavations to be made on the Meily Property which significantly changed the natural course of storm water runoff, concentrating the flow to the DeVore Property. This increased amount of storm water damaged the DeVore’s driveway, walkway, front and rear yard, tool shed/chicken coop, and contaminated the well on the property.

As a result of the damage, Plaintiffs allege they have suffered out-of-pocket expenses in excess of $40,000. Following a Magisterial District Judge hearing on March 13, 2019, where Plaintiffs were self-represented, Plaintiffs were awarded $12,171.75. Defendant filed a Notice of Appeal on April 11, 2019. Plaintiffs then sought Counsel and a Complaint was filed with this Court on May 1, 2019.

In response to the Complaint, Defendant filed an Answer and New Matter arguing, inter alia, that Plaintiff’s alleged harm caused was the result of acts or omissions of a third party over whom Defendant had no control, or was caused by Plaintiffs’ own conduct or contributory negligence, or was caused by acts of God. Defendant then argued Plaintiffs’ claims are barred by assumption of risk.

On September 3, 2019, Plaintiffs filed a Petition for Leave to Amend the Complaint seeking to add Defendant’s Wife, Sherri L. Meily as an additional party. The Meily Property is titled in both Earnest and Sherri Meily’s name. Plaintiffs therefore requests to change the caption on the Complaint to reflect the name as it appears on the Deed: Earnest A. Meily and Sherri L. Meily.

In addition, Plaintiffs also seek to amend the amount of damages claimed. An engineering report and estimate, a well replacement estimate to address ongoing issues with Plaintiffs’ well, and a tree service estimate were all received after the original Complaint was filed. Plaintiffs now seek to change the original damages claim to $78,426.00.

 

DISCUSSION

Plaintiffs argue that Defendant would not suffer prejudice if the proposed Amendment were granted. Plaintiffs state the Petition to Amend was filed only four months after the original Complaint, no significant discovery has taken place, no depositions have occurred, and no pre-trial dates or deadlines have been set. In addition, Plaintiffs argue since the Meily Property is titled in both Earnest and Sherri Meily’s name, Sherri Meily is a necessary party and should be named as an additional defendant. Plaintiffs state no prejudice will result from adding. Sherri Meily as an additional Defendant.

Defendant argues the amendment should not be granted because Plaintiffs have failed to justify why the damages have significantly increased. Defendant states Plaintiffs’ claim was initially $12,000. Then, after the appeal, Defendant claims the Complaint demanded $40,000. Now, Plaintiffs seek $78,426 in damages and Defendant argues Plaintiffs have failed to demonstrate how the amount of damages could change so drastically. Defendant states this amount comes as a complete surprise and that the Defendant would be prejudiced if the changes were allowed.

Under Pennsylvania law, a party may at any time, either with the consent of the opposing party or by leave of court, amend his or her pleading. Pa. R.C.P. 1033. Amendments to pleadings are a matter of judicial discretion and a trial court enjoys broad discretion in evaluating amendment petitions. Carpitella by Capitella v. Consolidated Rail Corp., 553 A.2d 762 (Pa. Super 1987). Such amendments should be allowed at any stage of the adversary process to secure a decision of the case on its merits, unless surprise or prejudice to the other party would result or the proposed amendment is against a positive rule of law. Id.; Tanner v. Allstate Insurance Co., 467 A.2d 1164, 1167 (Pa. Super. 1983).

“Prejudice that would prevent the grant of an amendment must be … something more than a detriment to the other party ‘since any amendment almost certainly will be designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party …. To make the advantage sought by an amendment operate as a bar to amendment would be to destroy the right to amend except in cases when the moving party would have no reason to amend.’” ;

Sands v. Forrest, 434 A.2d 122, 125 (Pa. Super. 1981) quoting Cellutron Products

Corp. v. Stewart, 300 A.2d 900, 901-902 (Pa. Super. 1972).

The test, therefore, is whether the prejudice would go beyond “that which would normally flow from the allowance of an amendment.” Jd. “The timeliness of the request to amend is a factor to be considered, but it is to be considered only insofar as it presents a question of prejudice to the opposing party, as by loss of witnesses or eleventh hour surprise.” Pilotti v. Mobil Oil Corp., 565 A.2d 1227, 1229 (Pa. Super. 1989),

Here, Plaintiffs should be allowed to increase damages to $78,426. This case is in the early stages of litigation. No significant discovery has occurred and no pre- trial dates or deadlines have been scheduled. While the amount is an increase from the initial damages awarded and then requested in the Complaint, no prejudice will occur to Defendant in allowing the changes at this point in litigation. In addition, Plaintiffs should be allowed to amend the pleadings to reflect Defendant’s name as it appears on the Deed to the property. This includes changing Defendant’s name to Earnest A. Meily.

However, Plaintiffs must follow the appropriate procedures for joining an additional party. Under the Pennsylvania Rules of Civil Procedure, any party may join as an additional defendant any person not a party to the action who may be “liable to or with the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the underlying cause of action against the joining party is based.” Pa. R.C.P, 2252(a)(2). In order to join this additional party, a complaint against the nonparty must be filed. See Pa. R.C.P. 2255. This complaint must be filed no later than: (1) sixty days after the service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof or; (2) the time for filing the joining party’s answer by Rule 1026, Rule 1028, or order of court. Pa. R.C.P. 2253(a)(2). Therefore, Sherri L. Meily shall not be added as a Defendant at this time as a complaint to join an additional party has not been filed. Plaintiffs are granted leave to file a complaint to add Sherri L. Meily as an additional Defendant so long as the complaint is filed within the time limits set for in Pa. R.C.P. 2253(a)(2).

 

CONCLUSION

For the reasons mentioned above, this Court finds that Plaintiffs’ Petition for Leave to Amend the Complaint is granted in part and denied in part. Plaintiffs may amend the Complaint by changing Defendant’s name to Earnest A. Meily andincreasing damages to $78,426. Plaintiffs may not add Sherri L. Meily as an additional Defendant at this time.

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