Public Notices, February 2, 2022

Volume 59, No. 27

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

ORPHANS’ COURT DIVISION NOTICES

CHANGE OF NAME

AUDITOR’S HEARING NOTICE

 

TABLE OF CONTENTS

Commonwealth of Pennsylvania v. Moses Velasquez

 

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 ARLENE M. DARE, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Bradford R. Grauel, Executor

126 W. Summit St.

Mohnton, PA 19540

 

ESTATE OF DAVID E. BOWMAN, late of North Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Chelsea Bowman, Executor

314 Cocoa Avenue

Hershey, PA 17033

 

Patrick M. Reb, Esquire

547 South 10^th Street

Lebanon, PA 17042

 

ESTATE OF MILDRED C. EARLY, late of North Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Luther P. Early, Executor

351 Kauffman Road

Annville, PA 17003

 

Patrick M. Reb, Esquire

547 South 10^th Street

Lebanon, PA 17042

 

ESTATE OF HARVEY EDWIN STAMM a/k/a HARVEY E. STAMM, late of North Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Debra J. Bucher, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF BETTY A. BEAR, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased October 16, 2021. Letters of Administration have been granted to the undersigned Administrator.

 

Diane F. Engle, Administrator

 

James M. Zugay, Esquire

1253 Stonegate Road

Hummelstown, PA 17036

 

ESTATE OF JUNE H. GRIMES, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased November 28, 2021. Letters Testamentary have been granted to the undersigned Executrix on January 7, 2022.

 

Lori G. Roehl, Executrix

Seattle, Washington

 

Jacqueline A. Kelly, Esquire

JSDC Law Offices

11 E. Chocolate Avenue, Suite 300

Hershey, PA 17033

717-533-3280

 

ESTATE OF DARREN L. GERNERT, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Carol Ulrich, Executrix

 

George E. Christianson, Esquire

Christianson Meyer

411 Chestnut Street

Lebanon, PA 17042

 

ESTATE OF FRANCIS J. DIXON, late of Cornwall Borough Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Thomas A. Dixon, Co-Executor

1005 Alden Way

Lebanon, PA 17042

 

Joann Dixon White, Co-Executor

190 Monacacy Lane

Westfield, PA 16950

 

Scott Grenoble, Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF MICHELE R. MILLER, late of Bethel Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Courtney K. Rosario, Administratrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF ANNA M. KAPP a/k/a ANNA MARY KAPP, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Theodore J. Kapp, Executor

219 East Guilford Street

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF MICHAEL J. ANNIBALI, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Georgianne E. Annibali, Administratrix

193 East Market Street

Palmyra, PA 17078

 

Joseph M. Farrell

201/203 South Railroad Street

P.O. Box 113

Palmyra, PA 17078

ATTORNEY FOR THE ESTATE

 

ESTATE OF RUTH H. PEIFFER, late of Richland Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Jane L. Gruber, Executrix

2 Little Swatara Church Road

Richland, PA 17087

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF EDWARD S. RHEN a/k/a EDWARD STERLING RHEN, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Andrew D. Rhen and Julie E. Mask, Co-Executors

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

SECOND PUBLICATION

 

ESTATE OF TERRENCE RICHARD MAUS, a/k/a TERRENCE R. MAUS, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Annette M. Donley, Administratrix

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ATTORNEY

 

ESTATE OF AIJA MAUS, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Annette M. Donley, Administratrix

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ATTORNEY

 

ESTATE OF CAROLE A. BARNETT, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Michael A. Barnett, Executor

 

Megan C. Huff, Esquire

Nestico Druby, P.C.

1135 East Chocolate Avenue, Suite 300

Hershey, PA 17033

 

ESTATE OF MELVIN L. BUNNELL, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Susan Mercer, Executrix

 

George E. Christianson, Esquire

Christianson Meyer

411 Chestnut Street

Lebanon, PA 17042

 

ESTATE OF RICHARD E. DEVINE, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Angela Ashley, Executrix

 

George E. Christianson, Esquire

Christianson Meyer

411 Chestnut Street

Lebanon, PA 17042

 

ESTATE OF E. JERE SNAVELY, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Kim L. Weidman, Executrix

 

Samuel G. Weiss, Jr, Esquire

Weiss Burkett, LLC

802 Walnut Street

Lebanon, PA 17042

Attorney

 

ESTATE OF JODY L. POSEY, a/k/a JODY L. HOWARD, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator C.T.A.

 

Katie J. Hetrick, Administrator C.T.A.

 

Gerald J. Brinser, Esquire

1. O. Box 323

Palmyra, PA 17078

Attorney

 

ESTATE OF EDWIN C. HOSTETTER a/k/a EDWIN CHRISTIAN HOSTETTER, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Edwin C. Hostetter, II, Executor

 

Gerald J. Brinser, Esquire

1. O. Box 323

Palmyra, PA 17078

Attorney

 

ESTATE OF ARTHUR MATZ AND JODY LYNN MATZ a/k/a JODY L. MATZ, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.

 

Jason and Jennifer Martin, Co-Executors

270 Greenville Road

Denver, PA 17517

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue,

Myerstown, PA 17067

 

ESTATE OF VALERIA D. HOUGH, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Walter F. Knight, III, Executor

 

Gerald J. Brinser, Esquire

1. O. Box 323

Palmyra, PA 17078

Attorney

 

ESTATE OF BARBARA L. BRENT, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Debra J. Gates, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF SHIRLEY MAE ZERBE, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrators.

 

Jalessa A. Nash, Administratrix

314 S. 31^st Street

Harrisburg, PA 17109

 

Pablo F. Molina, Administrator

242 Lehman Street

Lebanon, PA 17046

 

Peggy M. Morcom, Esquire

Morcom Law, LLC

226 W Chocolate Ave

Hershey, PA 17033

 

ESTATE OF CLARENCE WILLIAM HITZ, SR., a/k/a CLARENCE W. HITZ, SR., late of North Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Wanda S. Livering, Co-Executrix

 

Peggy A. Zechman, Co-Executrix

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ATTORNEY

 

THIRD PUBLICATION

 

ESTATE OF MELVIN L. BUNNELL, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Susan A. Mercer, Executrix

 

George E. Christianson, Esquire

Christianson Meyer

411 Chestnut Street

Lebanon, PA 17042

 

ESTATE OF RICHARD GENE MOYER, JR., late of South Lebanon Township, Lebanon County, Pennsylvania, 17042, deceased. Letters of Administration have been granted to the undersigned Administrator.

 

Joshua M. Moyer, Administrator

139 West Main Street

Newmanstown, PA 17073

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF RUTH ZELLERS a/k/a ESTHER R. ZELLERS, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Scott Barry, Executor

624 Bollman Street

Lebanon, PA 17042

 

Michael Bechtold, Esquire

Buzgon Davis Law Offices

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF HILDA N. CHAPMAN, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Bonnie Henise, Executrix

8 Oak Ln.

Manheim, PA 17545

 

Bret M. Wiest, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF JOHN E. BIDDING, late of South Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

John Scott Bidding, Executor

230 E. Oak St.

Palmyra, PA 17078

 

Scott L. Grenoble, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF JANE S. BRUBAKER, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Judy L. Hoffman, Executrix

P.O. Box 452

Schaefferstown, PA 17088

 

Jason J. Schibinger, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF GEORGE T. MICKLESAVAGE, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

James G. McKeon, Executor

902 Overton Avenue

Yardley, PA 19067

 

Timothy T. Engler, Esquire

Steiner & Sandoe, Attorneys

36 West Main Ave.

Myerstown, PA 17067

 

ESTATE OF JUNE G. ARMPRIESTER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Sally Schaeffer, Executrix

 

Fay Keller, Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ORPHANS’ COURT DIVISION NOTICES

 

Court of Common Pleas of Lebanon County

 

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

Monday, February 7, 2021

At 10:00 A.M.

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

 

LIST OF ACCOUNTS WITH PROPOSED SCHEDULE OF DISTRIBUTION FILED BY

EXECUTORS OR ADMINISTRATORS

 

1. Farst, Linda L., Dec’d, Douglas Farst, Exr., David R. Warner, Atty.
2. Balitchik, John R., Dec’d., Lara J. Balitchik, Exr., Edward Coyle, Atty.

 

 

CHANGE OF NAME

 

NOTICE IS HEREBY GIVEN that on January 10, 2022, the Petition of CAROL ELIZABETH WATSON was filed in the above-named Court, praying for a Decree to change her name from CAROL ELIZABETH WATSON to CAROL ELIZABETH HANEY-WATSON.

 

The Court has fixed the 18th day of February, 2021 at 2:30 A.M. in Courtroom No. 3 of the Lebanon County Courthouse, 400 South Eighth Street, Lebanon, Pennsylvania 17042, as the time and place for the hearing on said Petition, when and where all persons interested may appear and show cause, if any they have, why the prayer of the said Petition should not be granted.

 

Carol Elizabeth Watson, PhD, Petitioner

336 W. Main Avenue

Myerstown, PA 17067

(484) 332-5098

 

 

 

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA

CIVIL DIVISION-LAW

 

IN THE MATTER OF PETTITION FOR CHANGE OF NAME OF RODNEY L. ROWE

 

1. 2022-00044

 

ORDER

 

AND NOW, this 10^th day of January, 2022, upon the motion of the Petitioner, it is ORDERED that a hearing on the Petition for Change of Name is fixed for February 18, 2022 at 1:30p.m., in Courtroom No. 3, Lebanon County Courthouse, Lebanon, Pennsylvania.

 

The Petitioner is directed to give notice of the filing of the petition and the date of the hearing by publication in two newspapers of general circulation in this County, one of which may be the official paper for the publication of legal notices in this county.

 

By the Court:

John C. Tylwalk, P.J.

 

 

 

 

 

AUDITOR’S HEARING NOTICE

 

NOTICE is hereby given that the Auditor’s Hearing In re: Estate of Lorna K. Brooks will be held on Friday, February 25, 2022, at 1:30 o’clock p.m., in Room 312 of the Lebanon County Court House, 400 South Eighth Street, Lebanon, PA 17042.

 

Charles A. Ritchie, Jr., Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

AUDITOR

 

 

 

 

JUDGE’S OPINION

 

Commonwealth of Pennsylvania v. Moses Velasquez

 

Criminal Action-Law-Controlled Substances-Possession of Paraphernalia-Motion to Dismiss-Drug Overdose Immunity Response Statute-Reasonable Belief of Reporter-Drug Overdose-Burden of Proof

 

Moses Velasquez (“Defendant”) was charged with two violations of the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-101 et seq., relating to an incident in which a police officer responded to an emergency dispatch for a possible overdose of Suboxone and located Defendant in the basement of an apartment appearing as though he had ingested synthetic marijuana with what appeared to be paraphernalia.  Defendant filed a Motion to Dismiss the charges on the basis that he is immune from prosecution pursuant to the Drug Overdose Response Immunity statute codified at § 780-113.7.

 

1. The Drug Overdose Response Immunity Statute provides that under appropriate circumstances, a reporter of a drug overdose is rendered immune from prosecution for minor drug offenses including possession of drug paraphernalia.

 

2. The suspected overdose victim also is granted immunity as long as the reporter has met all of the conditions enumerated for immunity under the statute.

 

3. The subject of the report need not necessarily require immediate medical attention or even be suffering from a drug overdose.

 

4. The statute requires only that the reporter have a reasonable belief that emergency medical care is required due to a drug overdose.

 

5. A defendant carries the burden of establishing that he or she is entitled to immunity under the statute.

 

6. In order to be entitled to immunity pursuant to the statute, the reporter must provide authorities with his or her real name, stay with the subject of the report, cooperate fully with authorities and reasonably believe that medical attention is necessary.

 

7. Defendant failed to carry his burden of establishing entitlement to immunity under the statute where he failed to adduce evidence of the reporter’s real name, the reporter remained with Defendant until help arrived or the reporter’s reasonable belief that Defendant had overdosed on Suboxone.

 

L.C.C.C.P. No. CP-38-CR-0001701-2020, Opinion by John C. Tylwalk, President Judge, July 28, 2021.

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

COMMONWEALTH OF PENNSYLVANIA        :         NO. CP-38-CR-1701-2020

:

1. :

:

MOSES VELASQUEZ                               :

 

ORDER OF COURT

 

AND NOW, this 28^th day of July, 2021, upon consideration of Defendant’s Motion to Suppress Evidence to Dismiss Criminal Charges Pursuant to 35 P.S. §780-113.7, the comments of counsel at the hearing conducted on July 21, 2021, the transcript of the pre-trial hearing conducted on May 19, 2021, and the record of this matter, it is hereby Ordered that said Motion is DENIED.  Defendant is directed to appear for the Call of the List scheduled for August 3, 2021 and the Term of Criminal Jury Trials to commence on August 23, 2021 at 8:30 a.m. in the designated Courtroom.

BY THE COURT:

 

                                                          _____________________________, P.J.

                                                          JOHN C. TYLWALK

 

JCT/jah

 

Cc:  Steven T. Gorman, Esquire

       Dalia A. Aboraya, Esquire

       Leslie Fillak/Court Administration

       Judith Huber, Esquire/Law Clerk

 

 

 

 

 

 

 

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

PENNSYLVANIA

 

CRIMINAL DIVISION

 

COMMONWEALTH OF PENNSYLVANIA        :         NO. CP-38-CR-1701-2020

:

1. :

:

MOSES VELASQUEZ                               :

 

APPEARANCES:

 

STEVEN T. GORMAN, ESQUIRE                    FOR THE COMMONWEALTH

ASISTANT DISTRICT ATTORNEY

 

DALIA A. ABORAYA, ESQUIRE                     FOR MOSES VELASQUEZ

ASSISTANT PUBLIC DEFENDER

 

OPINION, TYLWALK, P.J., JULY 28, 2021.

 

On December 5, 2020, Patrolman Ryan Adams of the Lebanon City Police Department was dispatched to a home at 209 South Gannon Street in the City of Lebanon for a possible overdose situation involving Defendant.  Defendant is charged with two violations of the Controlled Substance, Drug, Device and Cosmetic Act[1] as the result of that incident.  Defendant had previously filed a Motion to Suppress Evidence which we denied by Order of June 30, 2021.  Defendant has filed a Motion to Dismiss Criminal Charges Pursuant to 35 P.S. §780-113.7.  We conducted a hearing on that Motion on July 21, 2021 at which time counsel advised us that they would rely on the evidence adduced at the hearing conducted on May 19, 2021 with regard to the Motion to Suppress.  We have reviewed the transcript of that hearing and the Motion to Dismiss is now ripe for disposition.

In our Opinion denying Defendant’s suppression motion, we summarized the evidence adduced at the pretrial hearing:

At the hearing, Officer Ryan Adams of the Lebanon City Police Department testified that on December 5, 2020 at approximately 1:00 p.m., he responded to an emergency dispatch for a possible Suboxone overdose at a residence located at 209 South Gannon Street.  He described the residence as a two-story row home along an alleyway.  When he arrived, he was met by a female, who alleged to be the caller, sitting in a vehicle parked next to the residence.  She informed him that the subject of the overdose was in the basement of the residence.  The female led Officer Adams to the house, opened the front door for him, and explained where the basement steps were located.  She then left the scene.

 

Officer Adams explained that he entered the home and proceeded through the kitchen to the top of the basement stairs due to the urgency of a possible overdose situation:

 

1. Why did you go into the house at that point?

 

1. Context of the call. Somebody was alleged to be in the state of an overdose and potentially needed my help.  Suboxone is used with people who are addicted to opioids and it could’ve potentially been an opioid overdose.  I mean, I wasn’t sure, but those things don’t get better with time.  The sooner I get to that patient and am able to verify that it’s an opioid overdose, I can administer Naloxone, thereby saving someone’s life.

 

(N.T. 5/19/21 at 8-9)

 

Officer Adams called out and announced his presence from the top of the stairs.  He heard a response from the basement and proceeded down the steps where he encountered Defendant standing next to a table.  There was a large kitchen knife, a cigarette butt and a pill bottle containing pills and some vegetable matter on the table.  The basement was unfinished, containing only some boxes and the water heater.

 

Officer Adams secured the knife and asked to search Defendant to ensure that there were no other weapons or contraband within his reach before EMS arrived.  Officer Adams testified that Defendant consented to being searched.  Officer Adams found cigarette rolling papers in Defendant’s pocket.  Officer Adams confirmed that there were no other individuals present in the home at the time.

 

Officer Adams observed that Defendant’s speech was slurred and had him sit down until EMS arrived.  While seated, Defendant kept nodding off even after EMS personnel arrived and were asking him questions.  Officer Adams explained that these observations were consistent with someone who had ingested synthetic marijuana.  Officer Adams testified that Defendant refused EMS treatment.

 

Defendant also testified at the hearing.  He denied that he gave Officer Adams consent to search him.  He told both Officer Adams and EMS that there was nothing wrong with him and that he did not need help.  He explained that he had only been at the residence for four days, had been watching some children in the home earlier that day, and that he was not living in the basement.

 

(Opinion dated June 30, 2021 at pp. 2-4).

 

          Defendant claims that he is immune from prosecution pursuant to the “Drug Overdose Response Immunity” statute set forth at 35 P.S. §780-113.7 which provides, in part:

• 780-113.7. Drug overdose response immunity

(a) A person may not be charged and shall be immune from prosecution for any offense listed in subsection (b) and for a violation of probation or parole if the person can establish the following:

 

(1) law enforcement officers only became aware of the person’s commission of an offense listed in subsection (b) because the person transported a person experiencing a drug overdose event to a law enforcement agency, a campus security office or a health care facility; or

 

(2) all of the following apply:

 

(i) the person reported, in good faith, a drug overdose event to a law enforcement officer, the 911 system, a campus security officer or emergency services personnel and the report was made on the reasonable belief that another person was in need of immediate medical attention and was necessary to prevent death or serious bodily injury due to a drug overdose;

 

(ii) the person provided his own name and location and cooperated with the law enforcement officer, 911 system, campus security officer or emergency services personnel; and

 

(iii) the person remained with the person needing immediate medical attention until a law enforcement officer, a campus security officer or emergency services personnel arrived.

 

(b) The prohibition on charging or prosecuting a person as described in subsection (a) bars charging or prosecuting a person for probation and parole violations and for violations of section 13(a)(5), (16), (19), (31), (32), (33) and (37).¹

 

(c) Persons experiencing drug overdose events may not be charged and shall be immune from prosecution as provided in subsection (b) if a person who transported or reported and remained with them may not be charged and is entitled to immunity under this section.

 

(d) The prohibition on charging or prosecuting a person as described in this section is limited in the following respects:

 

(1) This section may not bar charging or prosecuting a person for offenses enumerated in subsection (b) if a law enforcement officer obtains information prior to or independent of the action of seeking or obtaining emergency assistance as described in subsection (a).

 

(2) This section may not interfere with or prevent the investigation, arrest, charging or prosecution of a person for the delivery or distribution of a controlled substance, drug-induced homicide or any other crime not set forth in subsection (b).

 

(3) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution for any other prosecution not barred by this section.

 

(4) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify for the prohibition on charging or prosecuting a person as provided for by this section.

 

(e) In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the filing of the charges.

 

(f) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

“Drug overdose event.” An acute medical condition, including, but not limited to, severe physical illness, coma, mania, hysteria or death, which is the result of consumption or use of one or more controlled substances causing an adverse reaction. A patient’s condition shall be deemed to be a drug overdose if a prudent layperson, possessing an average knowledge of medicine and health, would reasonably believe that the condition is in fact a drug overdose and requires immediate medical attention.

 

35 P.S. §780-113.7.

 

Under the appropriate circumstances, the reporter is rendered immune from prosecution for minor drug offenses enumerated in the Act, including possession of drug paraphernalia. Commonwealth v. Lewis, 180 A.3d 786 (Pa. Super. 2018).  Additionally, the suspected overdose victim is granted immunity so long as the reporter has met all the conditions necessary for immunity. See Commonwealth v. Carontenuto, 148 A.3d 448, 452 (Pa. Super. 2016). The suspected victim is granted immunity even if authorities have no reason to believe the reporter committed any crime. See id., at 452–453.  The subject of the report need not necessarily require immediate medical attention, or even be suffering from a drug overdose.  Lewis, 180 A.3d at 790.  The Act requires only that the reporter have a reasonable belief that emergency medical care is required due to a drug overdose.  Id.  The burden of proof under the Drug Overdose Response Immunity Act is not on the Commonwealth; rather, the defendant must establish that he is entitled to immunity under the Act.  Commonwealth v. Lehman, 231 A.3d 877 (Pa. Super. 2020), citing Commonwealth v. Markun, 185 A.3d 1026, 1033 (Pa. Super. 2018) (en banc); see also 35 P.S. § 780-113.7(a).

In order to be entitled to immunity under the Act, the reporter must provide authorities with her real name, she must stay with the subject of her report, she must cooperate fully with authorities, and she must reasonably believe that medical attention is necessary.  Lewis, 180 A.3d at 790.  We believe that Defendant has failed to produce any evidence that these requirements were fulfilled here.

At the hearing conducted on May 19, 2021, there was no evidence that the female who summoned Officer Adams to 209 South Gannon Street provided her real name when she placed the call for help.   Although the woman who purportedly made the call waited for Officer Adams to arrive and showed him into the residence, she did not technically remain with Defendant until help arrived.  It was not necessary that Defendant was actually in an overdose situation and did not require immediate medical attention at the time of this incident as long as the caller had a reasonable belief that this was the case.  However, although Defendant was in a state of impairment when Officer Adams encountered him in the basement of the home, there was also no evidence to support the caller’s “reasonable belief” that Defendant had overdosed on Suboxone.

For these reasons, we find that Defendant is not entitled to the immunity afforded by Section 780-113.7.  We will deny his Motion and direct him to appear at the next Call of the List and Term of Criminal Jury Trials.

 

 

 

 

[1] Defendant was charged with Possession of Synthetic Marijuana and Possession of Paraphernalia pursuant to 35 P.S. §780-101 et seq.