Judges Opinions Public Notices, — May 5, 2021 9:10 — 0 Comments
Public Notices, May 5, 2021
Volume 58, No. 40
PUBLIC NOTICES
DECEDENTS’ ESTATES
RULE TO SHOW CAUSE
CHANGE OF NAME
ARTICLES OF INCORPORATION
TABLE OF CONTENTS
Zeiders and Goshorn Real Estate Partnership, v. Just Wing It Palmyra, Inc., and Christopher T. Behney, Jr.
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 VERNA Z. SADLER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.
Leon Z. Sadler and Elvin Z. Sadler, Executors
Nevin D. Beiler, Esquire
Beiler Legal Services, P.C.,
105 S. Hoover Ave.
New Holland, PA 17557
ESTATE OF HILDA M. STICKLER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.
Darlene Fies, Co-Executrix
Joanne Anspach, Co-Executrix
Loreen M. Burkett, Esquire
Weiss Burkett, LLC
802 Walnut Street
Lebanon, PA 17042
ESTATE OF TAMMY L. CASSEL-CARNI, late of Swatara Township, Lebanon County, Pennsylvania, deceased 03/07/2021. Letters Testamentary have been granted to the undersigned Executor.
Curtis W. Cassel, Executor
10030 Jonestown Rd.
Grantville, PA 17028
ESTATE OF HAROLD B. HEILMAN, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.
Lisa A. Stohler, Administrator
Steven D. W. Miller, Esquire, CELA
P.O. Box 121
Cornwall, PA 17016
ESTATE OF GRACE E. CLEMENS, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.
Thomas M. Clemens, Executor
Reilly Wolfson Law Office
1601 Cornwall Road
Lebanon, PA 17042
ESTATE OF PAULINE J. SATTAZAHN, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Sharon M. Shepler, Executrix
596 N 16th Street
Lebanon, PA 17046
David R. Warner Jr., Esquire
Buzgon Davis Law Offices
525 South Eighth Street
Lebanon, PA 17042
ESTATE OF ARLENE M. MILLER, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Co-Administrators.
David R. Miller, Co-Administrator
264 Stricklerstown Road
Newmanstown, PA 17073
Russell C. Miller, Co-Administrator
8 West Rosebud Road
Myerstown, PA 17067
Dorothy M. Noll, Co-Administrator
201 Reistville Road
Myerstown, PA 17067
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
SECOND PUBLICATION
ESTATE OF CHARLES J. HEBERLING, late of Myerstown Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.
David C. Heberling, Executor
148 Twin Lakes Drive
Gettysburg, PA 17325
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
ESTATE OF ALLEN W. SATTAZAHN, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Sharon M. Shepler, Executrix
596 N. 16th Street
Lebanon, PA 17046
David R. Warner Jr., Esquire
Buzgon Davis Law Offices
525 South Eighth Street
Lebanon, PA 17042
ESTATE OF THERESA I. STEFFY A/K/A TERESA I. STEFFY, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Julie A. Alice, Executrix
320 Essex Lane
New Lenox, IL 60451
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
ESTATE OF HELEN M. KEGERREIS, late of West Cornwall Township, Lebanon County, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Fannie Sue Martin, Executrix
Kevin M. Richards, Esquire
P.O. Box 1140
Lebanon, PA 17042-1140
ESTATE OF MARVIN W. STOUDT, late of the City of Lebanon, Lebanon County, deceased. Letters Testamentary have been granted to the undersigned Executor.
David C. Shoemaker, Executor
Kevin M. Richards, Esquire
P.O. Box 1140
Lebanon, PA 17042-1140
ESTATE OF CORY L. GRACELY, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.
Taylor L. Gracely, Administratrix
Kevin M. Richards, Esquire
P.O. Box 1140
Lebanon, PA 17042-1140
ESTATE OF HARRY M. EBERLY, late of Annville Township, Lebanon County, deceased. Letters Testamentary have been granted to the undersigned Executor.
Douglas M. Eberly, Executor
451 Sylvan Street
Marysville, PA 17053
Jeffrey J. Crossland, Esquire
129 Market Street
P.O. Box 352
Lewisburg, PA 17837
THIRD PUBLICATION
ESTATE OF ALBERT M. WEAVER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Sharon L. Weaver, Executrix
55 Pineapple Road
Myerstown, PA 17067
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
ESTATE OF ELLEN G. GOODYEAR, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executors.
Duane M. Goodyear, Executor
312 Hill Street
Bainbridge, PA 17502
Audrey E. Stoudt, Executor
700 South College Street
Myerstown, PA 17067
Timothy T. Engler, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
ESTATE OF HARVEY L. INGRAM, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Anita K. Weidman, Executrix
129 Richland Road
Myerstown, PA 17067
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
ESTATE OF GUY R. FESSLER, JR., late of Union Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.
Vickie Lee Hocker, Administratrix
Kevin M. Dugan, Esquire
Feather and Feather, P.C.
22 West Main Street
Annville, PA 17003
ESTATE OF VIOLA H. KLINE, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.
Michael Shay Kline, Executor
605 E. Mifflin Street
Lebanon, PA 17046
Edward Coyle, Esquire
Buzgon Davis Law Offices
525 South Eighth Street
Lebanon, PA 17042
ESTATE OF HOWARD G. HECKMAN A/K/A HOWARD GEORGE HECKMAN, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.
Elaine E. Heckman, Executrix
216 S. Sheridan Rd.
Newmanstown, PA 17073
Timothy T. Engler, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue
Myerstown, PA 17067
ESTATE OF CYNTHIA LEE FREY A/K/A CYNTHIA L. FREY, late of Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrator.
Adrienne P. Zuercher, Administrator
Lindsay M. Schoeneberger, Esquire
Russell, Krafft & Gruber, LLP
930 Red Rose Court, Suite 300
Lancaster, PA 17601
RULE TO SHOW CAUSE
QUENTIN RIDING CLUB NOTICE
AND NOW, to wit, this 1 st day of April, 2021, a RULE is hereby issued to SHOW CAUSE, why the relief requested in said Petition should not be granted including, but not limited to, the approval of accounting, set forth in the Petition, partial distribution of proceeds, and approval of a reserve to be set aside for any pending and/or future claims.
This Rule shall be published in the Lebanon County Legal Journal and the Lebanon Daily News. Rule Returnable shall be filed within thirty (30) days of this publication.
BY THE COURT:
John C. Tylwalk P.J.
Copy of Petition with Accounting and proposed distribution to members can be viewed and/or copied at the Prothonotary’s Office in the Lebanon County Court house, 400 South 8th Street, Lebanon, Pennsylvania.
Kenneth C. Sandoe, Esquire
Steiner & Sandoe, Attorneys
36 West Main Avenue,
Myerstown, PA 17067
CHANGE OF NAME
IN THE
COURT OF COMMON PLEAS OF LEBANON COUNTY
PENNSYLVANIA
CIVIL ACTION – LAW
_________________
In Re: Change of Name of :
B.N.T., : No. 2021-00433
A minor :
NOTICE
Notice is hereby given that on the 26th day of April, 2021, the Petition of Jessica A. Beidler was filed in the above Court requesting an Order to change the name of B.N.T. to B.N.B. The Court has fixed the 3rd day of June, 2021, at 10:00 a.m. before The Honorable Samuel A. Kline, in Courtroom No. 2 of the Lebanon County Municipal Building, 400 South 8th Street, Lebanon, Pennsylvania, as the time and place for 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.
Colleen S. Gallo, Esquire
Reilly Wolfson
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY
PENNSYLVANIA
CIVIL ACTION – LAW
IN RE: CHANGE OF NAME OF S.J.G.M. , : NO. 2021-00232
:
A Minor : Change of Name
ORDER
AND NOW, To wit, this 5th day of April, 2021, it appearing to the Court the Petitioner has made no effort to provide service of her request to change the name of her son, the Court continues a hearing regarding the request for change of name.
Prior to the date of the new hearing, the Petitioner shall publish a copy of the attached order in the Lebanon Daily News and the Lebanon County Legal Journal.
In addition, the Petitioner shall mail a copy of the petition to her son’s father at his last known address in Puerto Rico.
Provided that the Petitioner accomplished the above, we will approve her request for a change of name at the date of the next hearing.
BY THE COURT:
—————————,J.
BRADFORD H. CHARLES
BHC/dv
Copy:
Rosangela Mercado-Rodriguez
429 N. Sixth Street
Lebanon, PA 17046
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, PA, on April 7, 2021 for Middleline Inc. to be effective Immediately.
The said corporation has been incorporated under the provisions of the Business Corporation Law of 1988 of the Commonwealth of Pennsylvania, as amended.
Bruce J. Warshawsky, Esquire
CUNNINGHAM, CHERNICOFF &
WARSHAWSKY, P.C.
P.O. Box 60457
Harrisburg, PA 17106-0457
JUDGES OPINION
Zeiders and Goshorn Real Estate Partnership, v. Just Wing It Palmyra, Inc., and Christopher T. Behney, Jr.
Civil Action-Law-Purchase-Commercial Real Estate-Breach of Contract-Preliminary Objections-Sufficiency of Pleading-Attachment of Writing
Plaintiffs own a property subject to an Agreement for lease and/purchase with Defendants that Defendants use to operate a chicken wing restaurant. Plaintiffs filed a Complaint against Defendants in Ejectment, Breach of Contract and Unjust Enrichment alleging that Defendants failed to comply with the terms of the Agreement including maintenance of insurance upon the premises and payments of the purchase price for the property and taxes upon the property. Defendants filed a Counterclaim to the Complaint. Plaintiffs lodged Preliminary Objections to the Counterclaim asserting that the Counterclaim fails to comply with rule of law for failure to attach the writing upon which the Counterclaim is based and is insufficiently specific.
- Pa.R.C.P. Rule 1019(a) requires that the material facts upon which a cause of action or defense are based upon shall be stated in concise and summary form.
- Pa.R.C.P. Rule 1019(i) requires that when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing to the pleading.
- In determining if a pleading is sufficiently specific, the court must ascertain whether the facts alleged are specific enough to enable a defendant to prepare a defense.
- Where Defendants’ Counterclaim, while referencing and being based upon an Agreement that it identifies as “Exhibit A,” contains no documentation appended to the Counterclaim, does not include essential facts such as the date into which the Agreement was entered or the parties to or terms of the Agreement or a breach of the Agreement and does not specify support for its damages claimed in excess of $150,000.00, the Preliminary Objections are sustained with leave for filing of an Amended Counterclaim curing these defects.
L.C.C.C.P. No. 2019-02014, Opinion by Charles T. Jones, Jr., Judge, March 31, 2020.
IN THE COURT OF COMMON PLEAS
OF LEBANON COUNTY, PENNSYLVANIA
CIVIL DIVISION
ZEIDERS and GOSHORN :
REAL ESTATE PARTNERSHIP, :
Plaintiffs, :
:
- : Docket No.: 2019-02014
:
JUST WING IT PALMYRA, INC. :
and CHRISTOPHER T. BEHNEY, JR., :
Defendants. :
ORDER OF COURT
AND NOW, to wit, this 31st day of March, 2020, after careful consideration of the record and a brief submitted by Plaintiffs, Plaintiffs’ Preliminary Objections are hereby GRANTED. Defendant shall have twenty (20) days from the date of this Order to file an amended Counterclaim or the Counterclaim will be dismissed.
BY THE COURT:
____________________________, J.
CHARLES T. JONES, JR.
cc: Corey M. Lamoureux, Esquire
Christopher T. Behney // 18 E. Main Street, Annville, PA 17003
Christopher T. Behney // 101 North Larkspur Drive, Palmyra, PA 17078
IN THE COURT OF COMMON PLEAS
OF LEBANON COUNTY, PENNSYLVANIA
CIVIL DIVISION
ZEIDERS and GOSHORN :
REAL ESTATE PARTNERSHIP, :
Plaintiffs, :
:
- : Docket No.: 2019-02014
:
JUST WING IT PALMYRA, INC. :
and CHRISTOPHER T. BEHNEY, JR., :
Defendants. :
APPEARANCES:
Corey M. Lamoureux, Esquire For Plaintiffs
Christopher T. Behney Self-Represented
OPINION BY JONES, JR., J.:
Before the Court are Plaintiffs’ Preliminary Objections.
FACTUAL HISTORY
Plaintiffs are a real estate partnership with their principle place of business located at 2295 Sandhill Road in Hershey, Pennsylvania. Plaintiffs are the owners of real property located at 101 North Larkspur Drive in Palmyra, Pennsylvania (hereinafter referred to as “the Property”). Plaintiffs purchased the real estate in 2005 and have a mortgage on the Property. Between January 2017 and March 2017, Defendants entered into an agreement with Plaintiffs to operate a chicken wing restaurant called “Just Wing It” out of the property. Defendants and Plaintiffs then
entered into a Commercial Real Estate-Deposit Agreement (hereinafter “Agreement”) on August 5, 2017.
Defendants opened the restaurant at the Property in March of 2017. However, Plaintiffs allege that Defendants failed to abide by the Agreement and a later oral contract entered into with Plaintiffs. Defendants were to maintain insurance on the property. The Agreement stated;
“Buyer shall maintain insurance on the Property. Seller shall
be named as a loss payee/mortgagee on the policy, buyer shall
maintain liability insurance on the Property with personal
injury limits of at least $500,000.00 for injury to one person,
and $1,000,000.00 for any one accident. Buyer shall deliver
appropriate evidence to Seller as proof that adequate insurance
is in force issued by companies reasonably satisfactory to
Seller. Seller shall receive advance written notice from the
insurer prior to any determination of such policies.”
Despite this provision in the Agreement, Defendants have never secured insurance on the Property. As such, Plaintiffs have been forced to maintain insurance on the Property. The cost of insurance for the Property is $673.00 per quarter. In insurance premiums alone, Defendants owe Plaintiffs for three quarters in 2017, four quarters in 2018, and four quarters in 2019 totaling $7,403.00.
The Agreement also included a real estate purchase option for the Property for Defendants. According to the Agreement, “Seller agrees that the purchase price is Four Hundred Seventy-Five Thousand Dollars ($475,000.00) and will be Seller Financed on a twenty (20) year amortization at 4.49% with Buyer obtaining alternative financing after five (5) years.”
Despite the Agreement, Defendants have failed to pay $3,033.00 per month pursuant to the amortization schedule for the following months: August 2019, September 2019, October 2019, November 2019, December 2019, January 2020, and February 2020. As such, Defendants owe a total of $21,231.00 to Plaintiffs under the Agreement.
In 2017, Plaintiffs allege that the Parties also entered into an oral agreement where Defendants agreed to pay property taxes on the Property each year. Despite this oral agreement, Defendants have failed to pay any property taxes and Plaintiffs have been required to cover the cost. Defendants owe Plaintiffs the following amounts for unpaid taxes: $9,413.86 for 2017; $9,552.50 for 2018; and $9,686.79 for 2019. This totals $28,653.15 in property taxes owed to Plaintiff.
In addition to the property taxes to be paid by Defendants, it is alleged that the Parties also orally agreed that Plaintiffs would supply four (4) fryers and a stainless steel cooking preparation table. In October 2019, Defendants removed Plaintiff’s four fryers and the prep table as well as a stand-up freezer from the property. On February 25, Defendants returned the four fryers, but did not return the prep table or the stand-up freezer. While at the property in February, Defendants removed an icemaker from the property.
In June 2019, Defendants stopped operating the business out of the Property and the Property is currently vacant. Since Just Wing It closed, Defendants have not indicated any intention on resuming business at the property. As such, Plaintiffs have been forced to make all mortgage payments on the Property despite not receiving any income from Defendants. The mortgage payments on the property are $5,000.00 each month. As a result of the financial burden, Plaintiffs have been engaged in negotiations with Dunkin’ Donuts for the purchase of the Property. The scheduled closing date for the sale of the aforementioned Property to Dunkin’ Donuts was March 22, 2020.
PROCEDURAL HISTORY
The initial Complaint was filed on November 13, 2019, for Ejectment, Breach of Contract, and Unjust Enrichment. An Amended Complaint correcting the spelling of Defendants name to Christopher T. Behney, Jr., was filed on November 18, 2019. Following the filing of the Complaints, Defendants filed a Counterclaim and an Answer to the Complaint on December 13, 2019.
Plaintiffs then filed Preliminary Objections to Defendants Counterclaim on December 24, 2019. Oral argument on the Objections was heard on February 7, 2020. Defendants did not appear for oral argument. The Preliminary Objections are currently before this Court.
On December 30, 2019, Plaintiffs filed a Motion to Bifurcate the count of Ejectment from the remaining two counts in the Complaint. A hearing on the Ejectment count was held on February 25, 2020. Defendants did not appear for the hearing. The Ejectment was granted on March 12, 2020.
Counsel for Plaintiffs has attempted to send notifications of hearings, pleadings, and other legal mail to Defendants at the Property’s address as well as to Defendants home address listed as 18 East Main Street in Annville, Pennsylvania. All correspondences to the Property have been returned as the Property is currently vacant.
DISCUSSION
Plaintiffs have three Preliminary Objections to Defendants Counterclaim. The Court will combine the Objections for clarity and efficiency.
Plaintiffs first Preliminary Objection states that Defendants Counterclaim fails to conform to the rules of court pursuant to Pa. R.C.P. 1028(A)(2). Specifically, Plaintiffs argue Defendants have failed to attach to the Counterclaim the document, or material thereof, upon which the Counterclaim is based as required by Pa. R.C.P. 1019(i). Plaintiffs also complain that Defendants failed to include their Counterclaim in the same pleading as their Answer to Plaintiffs Complaint.
Plaintiffs second Preliminary Objection states that Defendants Counterclaim fails to state a claim upon which relief may be granted because the alleged agreement Defendants reference is not attached. In addition, the Counterclaim fails to specify the method and/or timing of Plaintiffs breach of the alleged agreement and fails to specifically identify the nature, amount, and sources of recoverable damages as contemplated by the alleged agreement.
Plaintiffs third and final Preliminary Objection states that Defendants Counterclaim is insufficient as it is devoid of specific averments for time, place, and essential terms of the alleged agreement. Plaintiffs also argue the Counterclaim does not state when the alleged agreement was entered into, the terms of the agreement, and what led to the alleged breach of the agreement.
Under the Pennsylvania Rules of Civil Procedure, “the material facts on which a cause of action or defense is based shall be stated in a concise and summary form.” Pa. R.C.P. 1019(a). “When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof.” Pa. R.C.P. 1019(i). Additionally, any averments of time, place and items of special damages shall be specifically stated. Pa. R.C.P. 1019(f). To determine if a pleading is sufficiently specific, a Court must ascertain whether the facts alleged are sufficiently specific to enable a Defendant to prepare his defense. Unified Sportsmen of Pennsylvania v. Pennsylvania Game Com’n (PGC), 950 A.2d 1120, 1134 (Pa. Cmwlth. 2008).
In this case, Defendants Counterclaim is insufficient and lacks the required specificity required under the Pennsylvania Rules of Civil Procedure. Defendants Counterclaim references an agreement attached as “Exhibit A” but Defendants failed to attach any exhibits to the Counterclaim. The terms of the alleged agreement are not clarified in the Counterclaim and do not include essential facts like when the agreement was entered into, who entered into the agreement, what the terms of the agreement were, and a breach of the alleged agreement.
When referencing this agreement, Defendants simply argue the interest rate and mortgage payment is different from what Plaintiffs claim it to be. Defendants also state within the Counterclaim that Plaintiffs are harassing and pressuring Defendants and interfering with Defendants right to control the property. As such, Defendants request damages in excess of $150,000. However, Defendants do not quantify how they have been injured or how the amount of damages was reached. This Counterclaim therefore does not specify a clear and concise duty owed by Plaintiffs under the alleged agreement. In essence, this Counterclaim is more of an
Answer to the Complaint. As such, Defendants shall have time to amend the Counterclaim and attach the appropriate documents required.
CONCLUSION
For the reasons mentioned above, Plaintiffs’ Preliminary Objections are granted. Defendants shall have twenty (20) days from that date of this Order to file an amended Counterclaim in this matter or their effort to countersue will be dismissed.
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