Vol. 27 December 31, 2010 No. 53 1 LYCOMING REPORTER (USPS 322-900) THE OFFICIAL LEGAL PERIODICAL FOR LYCOMING COUNTY www.lycolaw.org PUBLISHED EVERY FRIDAY BY LYCOMING LAW ASSOCIATION ——— Editor: William L. Knecht Business Manager: Jessica A. Engel ——— “LYCOMING REPORTER (ISSN 0884-187X) is published weekly for $50 per annum by the Lycoming Law Association, Penn Tower, 25 West Third Street, Suite 601, Williamsport, PA 17701. Periodical postage paid at Williamsport, PA 17701-9998 and additional mailing offices. POSTMASTER: Send address changes to LYCOMING REPORTER, Penn Tower, 25 West Third Street, Suite 601, Williamsport, PA 17701.” General Office: Penn Tower, 25 West Third Street, Suite 601, Williamsport, Pennsylvania Legal Notices of less than 300 words in length must be received by 1:00 P.M. on the Tuesday preceding the date of publication; all other notices must be received by 4:00 P.M. on the Monday preceding the date of publication. ——— Library of Congress Catalog Card Number 61—18866 ——— Printed by Clare Printing, 206 S. Keystone Avenue, Sayre, PA 18840 ADVERTISING RATES Annual subscription, $50 per year. Estate advertisement consisting of three (3) insertions, which shall include one (1) Proof of Publication at no additional cost, $80. Incorporation Notices, Fictitious Name Notices, LLC Notices, and similar business notices consisting of one (1) insertion, which shall include one (1) Proof of Publication at no additional cost: $70.00. All other advertising unless done by special contract arrangement, $1.65 per half-column line and $3.30 per full column line. This shall entitle the advertiser to one (1) Proof of Publication at no additional cost. Additional Proofs of Publication, $4.00. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Lycoming Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. The Lycoming Reporter makes no representation as to the quality of services offered by any advertiser in this publication. 2 PBI SEMINARS FOR WINTER/SPRING 2011 LYCOMING LAW ASSOCIATION 25 WEST THIRD STREET, SUITE 601 WILLIAMSPORT, PA CONTACT PBI TO REGISTER: (800) 247-4724 SIGN-IN FOR ALL SEMINARS IS ONE-HALF HOUR PRIOR TO THE PROGRAM. ANYONE REQUIRING SPECIAL ARRANGEMENTS FOR A DISABILITY PLEASE CONTACT ZINA BARLUP (800) 932-4637 EXT. 2284 TEN (10) DAYS PRIOR TO THE COURSE. PBI may cancel replays when the registration is insufficient ten days prior to the replay. Prices listed below reflect early registration with PBI. An additional $25.00 charge is assessed for registration at the door. If you plan to register at the door, please call the PBI Customer Service Department at (800) 247-4724 before the program. If you are pre-registered and PBI elects to cancel the replay, you will be notified by PBI. Please feel free to check www.pbi.org to confirm a scheduled seminar or replay. TUESDAY, JANUARY 25, 2011—9:00 A.M. to 1:15 P.M. (4 Substantive) BEST OF THE OIL AND GAS LAW COLLO- QUIUM Tuition with credits: CHECK WITH PBI FOR COSTS WEDNESDAY, JANUARY 26, 2011—1:00 P.M. to 3:15 P.M. (2 Substantive) PA’S NEW CHILD CUSTODY LAW Tuition with credits: CHECK WITH PBI FOR COSTS 3 TUESDAY, FEBRUARY 1, 2011—9:00 A.M. to 11:00 A.M. (1 Substantive, 1 Ethics) ATTORNEY INTERNET USE: ETH- ICS, SOCIAL MEDIA AND WEB BASED RESEARCH Tuition with credits: Members (Pa. or any county bar assn.) $ 89.00 Members admitted after 1/1/07 $ 89.00 Non-members $ 99.00 TUESDAY, FEBRUARY 8, 2011—9:00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) ADVANCED ISSUES IN CIVIL PRAC- TICE Tuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00 THURSDAY, FEBRUARY 10, 2011—9:00 A.M. to 12:15 P.M. (3 Substantive) WORKERS’ COMPENSATION ISSUES AFFECTING YOUR AUTO ACCIDENT CASE Tuition with credits: CHECK WITH PBI FOR COSTS TUESDAY, FEBRUARY 22, 2011—9:00 A.M. to 1:30 P.M. (3 Substantive, 1 Ethics) 17TH ANNUAL AUTO LAW UPDATE Tuition with credits: Members (Pa. or any county bar assn.) $ 199.00 Members admitted after 1/1/07 $ 179.00 Non-members $ 219.00 TUESDAY, MARCH 8, 2011—9:00 A.M. to 1:30 P.M. (4 Substantive) PREMARITAL AGREEMENTS Tuition with credits: Members (Pa. or any county bar assn.) $ 199.00 Members admitted after 1/1/07 $ 179.00 Non-members $ 219.00 4 THURSDAY, MARCH 10, 2011—9:00 A.M. to 12:30 P.M. (3 Substantive) FAMILY CAREGIVER CONTRACTS AND USE OF REAL ESTATE FOR ELDER LAW ATTORNEYS Tuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00 THURSDAY, MARCH 17, 2011—9:00 A.M. to 1:30 P.M. (4 Substantive) DEPARTMENT OF CORRECTIONS 101 Tuition with credits: Members (Pa. or any county bar assn.) $ 129.00 Members admitted after 1/1/07 $ 109.00 Non-members $ 149.00 THURSDAY, APRIL 7, 2011—9:00 A.M. to 10:00 A.M. (1 Ethics) ETHICS POTPOURRI: PBA PPROFESSIONALISM COMMITTEE UPDATE Tuition with credits: Members (Pa. or any county bar assn.) $ 49.00 Members admitted after 1/1/07 $ 49.00 Non-members $ 59.00 5 NOTICE TO THE PROFESSION 2011 Annual Meeting of the Lycoming Law Association will be held Monday, January 10, 2011 4:00 p.m. Jurors’ Lounge, Lycoming County Courthouse immediately followed by the Lycoming Law Association Foundation Annual Meeting. 2011 Annual Banquet to be held at 5:30 p.m., at the Williamsport Country Club. D-10, 17, 24, 31 6 The full text of the following decisions of the Court of Common Pleas of Lycoming County have been posted to the Lycoming Law Association Web site. To read the decision, navigate to www.lycolaw.org/Cases/search.asp, and enter the name or Web citation or check “Recent Postings.” [How to read the summaries: Case Name, docket number (Web cita- tion—unique number assigned to opinion)—issuing judge (date of issuance) [category] Summary of legal concepts involved (Date posted to the Web site)] Commonwealth vs. Fisher, CR-925-2006 (Fisher112310bt)— Judge Nancy L. Butts (12/01/2010) [Criminal] Summary: Post Conviction Relief Act petition; ineffective counsel; failure to file suppression motion; volun- tariness of confession; in camera review of taped confession. (Posted: 12/01/2010) Commonwealth vs. Camp, CR-369-2009 (camp120110a)— Judge Dudley N. Anderson (12/01/2010) [Criminal] Summary: Motion to dismiss case or to prohibit the introduction of evidence by the district attorney; failure to respond to bill of particulars in a timely manner; evasive or insufficient responses. (Posted: 12/01/2010) Commonwealth vs. Duval, CR-867-2010 (Duval113010bt)— Judge Nancy L. Butts (11/30/2010) [Criminal] Summary: Suppression motion; vehicle stop; dark tinted windows; reason to believe vehicle code violated; prob- able cause to arrest and search; information from confidential informant that person with distinctive tattoos like defendant’s was involved in drug transaction. (Posted: 12/01/2010) Commonwealth vs. Gibbons, CR-807-2007 (Gibbons- 112910bt)—Judge Nancy L. Butts (11/29/2010) [Criminal] Summary: Appeal; probation violation and new criminal offense; excessive sentence claim; discretion of the court. (Posted: 12/01/2010) Lowmiller vs. Sunteq, LTD., Enviroteq and Woodring, 08-02173 (lowmiller112910a)—Judge Dudley N. Anderson (11/29/2010) [Civil] Summary: Non-jury trial; breach of contract and of the Unfair Trade Practices and Consumer Protection Law; installation of a geothermal heating and cooling system; war- 7 ranty as to the comfort to be provided by heating system; speculative damages; award of attorney fees and penalty. (Posted: 12/01/2010) Commonwealth vs. Zeigler, CR-212-2009 (Zeigler110910bt)— Judge Nancy L. Butts (11/08/2010) [Criminal] Summary: Premature appeal; request for remand. (Posted: 12/01/2010) 8 LYCOMING REPORTER ESTATE AND TRUST NOTICES P.C., 33 West Third Street, Notice is hereby given that, in Suite 202, Williamsport, PA the estates of the decedents set 17701, (570) 326-7044. forth below, the Register of Wills has granted letters testamentary SECOND PUBLICATION or of administration to the persons named. Notice is also hereby given Barbour, Grace L., dec’d. of the existence of the trusts of the Late of 2150 Warrensville deceased settlors set forth below Road, Montoursville. for whom no personal representa- Co-Executors: Robert M. Bar- tives have been appointed within bour and Mark E. Barbour, 90 days of death. All persons hav- 4904 Bexley Lane, Fairfax, VA ing claims or demands against said 22032. estates or trusts are requested to Attorney: Malcom S. Mussina, make known the same, and all Esquire, 426 Broad Street, persons indebted to said estates or Montoursville, PA 17754. trusts are requested to make pay- ment, without delay, to the execu- Berry, Margaret A., dec’d. tors or administrators or trustees Late of Piatt Township. or to their attorneys named below. Executors: Chester H. Zay, 17 Zion View Dr., Linden, PA FIRST PUBLICATION 17744 and Leonard S. Zay, Bersani, Antonio A., dec’d. 1427 Oakes Ave., Williams- Late of Montoursville. port, PA 17701. Executrix: Moira Bersani- Attorney: Leroy H. Keiler, III, McLane, 15 Richard Road, Esquire, P.O. Box 263, Jersey Assonet, MA 02702. Shore, PA 17740. Attorney: Christian D. Frey, Esquire, 140 East Third Street, Eck, Marie C., dec’d. Williamsport, PA 17701. Late of the Township of Loyal- sock. Letcher, Ronald L., dec’d. Executrix: Grace C. Mileto, Late of Montgomery. 1925 Sheridan Street, Wil- Executor: Steven L.