BCLJ_January_23_2015_html
RECENT OPINION SUMMARIES
NEBEL & HESIDENZ v. GOLEC, ET.AL. A.D. 13-10296 (2014)
Laches bars relief in equity whenever, in the court’s discretion, a party has, by his delay, disentitled himself to the unusual remedies equity affords to those who desire him. Laches may be raised in the pleadings by preliminary objections, answer or reply; but, even where laches is no pleaded at all as a defense, the Court may, in its discretion, and on its own motion, grant relief where the fact of laches appears in the evidence or on the face of the bill. Where laches is raised by preliminary objection, if the fact of laches appears on the face of the pleadings, relief may be denied on this ground. The party asserting the defense of laches bears the burden of proving that the other party failed to exercise due diligence and caused a delay which resulted in prejudice.
O’MARA v. O’MARA F.C. 10-90044-D (2014)
It is well established that the master’s report and recommendation, although only advisory, is to be given the fullest consideration by the Court, particularly on the question of credibility of witnesses, because the master has the opportunity to observe and assess the behavior and demeanor of the parties. While the trial court is obligated to conduct a complete and independent review of the evidence when ruling on exceptions, its scope of review is limited to the evidence received by the master. The master’s report is not controlling on the reviewing court and it does not come to the court with any preponderate weight or authority which must be overcome.
BRUNKEN v. N. LEE LIGO & ASSOCIATES, ET.AL. A.D. 13-11092 (2014)
A Court’s standard of review of claims regarding opening a default judgment is well-settled. A petition to open a default judgment is an appeal to the equitable powers of the court. The decision to grant or deny a petition to open a default judgment is within the sound discretion of the trial court, and the Court will not overturn that decision “absent a manifest abuse of discretion or error of law. An abuse of discretion is not a mere error of judgment, but if in reaching a conclusion, the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will, as shown by the evidence or the record, discretion is abused. Generally, a default judgment may be opened when three factor coalesce. The moving party must have 1) promptly filed a petition to open; 2) shown a meritorious defense; and 3) provided a reasonable excuse for the failure to file a responsive pleading.
_______
ESTATE NOTICES
Notice is hereby given that in the estates of the decedents set forth below the Register of Wills has granted letters testamentary or of administration to the persons named. All persons having claims or demands against said estates are requested to make known the same, and all persons indebted to said estates are requested to make payment without delay, to the executors or administrators or their attorneys named below.
_______
FIRST PUBLICATION
Estate of: George H Amsler Late of: Winfield Township PA Executor: Thomas W Amsler 604 Beatty Avenue
POB 180
Knox PA 16232
Attorney: Terry R Heeter Kooman Heeter & Gulnac PC Marianne Prof Center POB 700 Clarion PA 16214
Estate of: Helen Marie Cedzo
Late of: Cabot PA Executor: Robert L Cedzo 456 Creekside Drive
Downingtown PA 19335 Attorney: L Robert Frame Jr 390 Waterloo Blvd Suite 101
Exton PA 19341
Estate of: Barbara L Gordon Late of: Connoquenessing PA Administrator: Melissa Muto 264 Home Avenue
Butler PA 16001
Attorney: James P Coulter Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street Butler PA 16001
Estate of: Matthew E Haid a/k/a: Matthew Edward Haid Late of: Donegal Township PA Executor: Michael E Haid
158 Rabbitt Road
Chicora PA 16025 Attorney: Mary Jo Dillon Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street Butler PA 16001
Estate of: Michael C Kiefer Late of: Cranberry Township PA Executor: Karin Kiefer
2615 Chelsey Court Cranberry Twp PA 16066
Attorney: Joseph M Kecskemethy Jaffe & Kecskemethy PC
101 East Diamond St Suite 204
Butler PA 16001
Estate of: Colleen E McCabe Late of: Saxonburg PA Administrator: Maria McCabe 112 Greenhill Road
Karns City PA 16041 Attorney: Michael J Pater
101 East Diamond St Suite 202
Butler PA 16001
Estate of: Rita M Schweiger a/k/a: Rita Mae Miller
Late of: Cranberry Township PA Executor: Tammy R Schweiger 321 Butler Avenue
Ellwood City PA 16117 Attorney: Mary Jo Dillon Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street Butler PA 16001
Estate of: Roger Allan Young Late of: Penn Township PA Administrator: Thomas L Nardina 8708 Breezewood Drive
Pittsburgh PA 15237 Attorney: Jerry W Wienand 108 Lyndon Lane
Baden PA 15005
BCLJ: Jan. 23, 30 & Feb. 6, 2015
_______
SECOND PUBLICATION
Estate of: Ann Lee Alexander a/k/a: Ann Alexander
Late of: Cranberry Township PA Executor: Thomas W Luscher 1739 Tarrytown Avenue
Crofton MD 21114 Attorney: Michael K Parrish Goehring Rutter & Boehm
2100 Georgetowne Drive Suite 300
Sewickley PA 15143
Estate of: William P Brown a/k/a: William Brown
Late of: Penn Township PA Administrator: George P Elias
3502 Bigler Avenue Northern Cambria PA 15714 Attorney: George P Elias 3502 Bigler Avenue Northern Cambria PA 15714
Estate of: Olive Ferne Dembeck Late of: Donegal Township PA Executor: Linda L Dembeck 27216 Cook Road, #51
Olmsted Twp OH 44138 Attorney: Michael J Pater
101 East Diamond Street Suite 202
Butler PA 16001
Estate of: Elizabeth J Jones Late of: Zelienople PA Executor: Gregory D Jones 714 Wood Duck Lane McKinney TX 75070 Attorney: Katrine M Erie
Erie Law Offices PC
316 West Jefferson Street Butler PA 16001
Estate of: Ronald Kaltenbaugh
Late of: Connoquenessing Township PA Administrator: Gwilym A Price III
129 South McKean Street Butler PA 16001
Attorney: Gwilym A Price III 129 South McKean St Butler PA 16001-6029
Estate of: Rue Ann Moore a/k/a: Rue A Moore
a/k/a: Zeruiah A Moore Late of: Evans City PA Executor: Joyce L Moore 23 Riverview Drive
Iowa City IA 52240 Attorney: Steven T Casker Lope Casker & Casker 207 East Grandview Ave Zelienople PA 16063
Estate of: Rose M Virgili a/k/a: Rose Marie Virgili Late of: Butler PA Executor: Mary Jo Sylvia 300 Old Plank Road
Butler PA 16002
Attorney: James P Coulter Dillon McCandless King Coulter & Graham LLP
128 West Cunningham Street Butler PA 16001
BCLJ: Jan. 16, 23 & 30, 2015
_______
THIRD PUBLICATION
Estate of: Jennie E Keeler Late of: Cranberry Township PA Executor: Judith E Sturges
211 Hillside Road
Derry PA 15627
Attorney: Suzanne J Mahady Mahady & Mahady
1308 Ligonier Street
Latrobe PA 15650
Estate of: Herbert Lincoln Langdon a/k/a: Herbert L Langdon
Late of: Adams Township PA Executor: Judith Anderson Langdon 215 Brickyard Road
Mars PA 16046
Attorney: Matthew F Schwartz Lange Legal Group LLC
2200 Murray Ave
Pittsburgh PA 15217
Estate of: Zetta May Lynn a/k/a: Zetta Lynn
a/k/a: Zetta M Lynn
Late of: Buffalo Township PA Executor: Richard J Korber 819 Freeport Road
New Kensington PA 15068 Attorney: John Eric Bumbaugh Bumbaugh & Nicola
Old Trail Professional Bldg 10526 Old Trail Rd Ste 1 North Huntingdon PA 15642
Estate of: Esther Jean Wallace
Late of: Cabot PA Executor: Russell C Miller 4767 Wm Flynn Hwy Allison Park PA 15101
Attorney: James H Limbaugh Miller Limbaugh & Conley 4767 William Flynn Highway Allison Park PA 15101
BCLJ: Jan. 9, 16 & 23, 2015
_______
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA CIVIL DIVISION
MSD No. 14-40358
IN RE: Name Change of Jalaine Diane Wallace
NOTICE
NOTICE is hereby given that on the 19th day of December, 2014, the Petition of Jalaine Diane Wallace was filed in the Court of Common Pleas of Butler County requesting an Order to change her name from Jalaine Diane Wallace, to Jalaine Diane Kaczmarczyk- Wallace
The Court has fixed the 25th day of February, 2015, at 10:00 o’clock a.m. in Courtroom No. 4 in the Butler County Government Center as the time and place for hearing on said Petition, when and where all interested parties may appear and shall cause, if any, why the request of the Petitioner should not be granted.
Kelley I. Harley, Esquire Jaffe & Kecskemethy, P.C. 101 East Diamond Street Suite 204
Butler, PA 16001
(724) 285-4791
BCLJ: January 23, 2015
_______
ARTICLES OF INCORPORATION
NOTICE IS HEREBY GIVEN that Articles of Corporation were filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA for a business corporation, which was organized under the Business Corporation Law of the Commonwealth of Pennsylvania, approved December 21, 1988, Act 177. The name of the corporation is Donaldson Crossroads Card & Gift Shoppe, Inc.
Frank Betres 290 Vogel Road
Butler, PA 16002
BCLJ: January 23, 2015
_______
NOTICE OF FILING FICTITIOUS NAME
NOTICE IS HEREBY GIVEN that Marilyn Massimino has filed on September 9, 2013, in the Department of State of the Commonwealth of Pennsylvania, Harrisburg, an application under the Fictitious Names Act, approved the 24th day of May, 1945, P.L. 967, as amended, Section 311 of Act 1982-294 (54 Pa. C.S. Section 311), to conduct business under the name of The Creative Needle. The business to be carried on at 103 Camelot Court, Cranberry Township, PA 16066.
Marilyn Massimino BCLJ: January 23, 2015
_______
NOTICE OF FILING FICTITIOUS NAME
NOTICE IS HEREBY GIVEN that James
Massimino has filed on April 30, 2014, in the Department of State of the Commonwealth of Pennsylvania, Harrisburg, an application under the Fictitious Names Act, approved the 24th day of May, 1945, P.L. 967, as amended, Section 311 of Act 1982-294 (54 Pa. C.S. Section 311), to conduct business under the name of Met-Tech Consulting. The business to be carried on at 103 Camelot Court, Cranberry Township, PA 16066.
James Massimino BCLJ: January 23, 2015
_______
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA CIVIL DIVISION
No: ED-14-30295
THE HUNTINGTON NATIONAL BANK,
s/b/m/t Sky Bank, Plaintiff
VS.
RICHARD C. HVIZDAK, Trustee and his successors in Trust under Qualified Personal Residence Trust dated December 28, 2001, Defendant
NOTICE OF SHERIFF’S SALE OF REAL ESTATE
Notice of Sheriff’s Sale of Real Estate on March 20, 2015, at 11:00 a.m. in the Butler Co. Public Meeting Rm, 1st Fl, Butler Co Government Ctr, 124 W Diamond St, Butler, PA 16001.
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF THE RICHARD C. HVIZDAK, TRUSTEE AND HIS SUCCESSORS IN TRUST UNDER QUALIFIED PERSONAL RESIDENCE TRUST DATED DECEMBER 28, 2001, OF IN, AND TO THE FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATE IN THE TOWNSHIP OF CR A N BERRY, CO M MONWE A LTH OF PENNSYLVANIA, COUNTY OF BUTLER. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 202 LAGR ANDE DRIVE, CR ANBERRY TOWNSHIP, PA 16066. PARCEL NUMBER 130-S13-L-19-0000
The Huntington National Bank s/b/m/t Sky Bank v. Richard C. Hvizdak, Trustee and his successors in Trust under Qualified Personal Residence Trust dated December 28, 2001, at Execution AD-12-10246 in the amount
$1,367,262.05. Schedule of Distribution will be filed by the Sheriff on the date specified by the Sheriff no later than thirty (30) days from sale date. Distributions will be made in accordance with the schedule unless exceptions are filed within ten (10) days of the filing of the schedule.
Keri P. Ebeck, Esq
Weltman, Weinberg & Reis Co. L.P.A 436 7th Ave, Ste 2500
Pgh, PA 15219
412.434.7955
BCLJ: January 23, 2015
_______
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA MsD. No.: 14-40217
IN RE: SALE OF UNREDEEMED PROPERTY OF THE BUTLER COUNTY TAX CLAIM BUREAU
TAX PARCEL NO. 056-20-E35 ROBERT VINROE
TO: RHONDA WINSLOW and TINA HEIST NOTICE OF PETITION FOR SALE OF
UNREDEEMED PROPERTY OF THE
BUTLER COUNTY TAX CLAIM BUREAU
You are hereby notified that the Butler County Tax Claim Bureau filed an action against you at the above number and term on September 2, 2014. The parcel which is the subject of this action is located in the Township of Butler, Butler County, Pennsylvania, and is bounded and described as follows:
ALL that certain lot or parcel of land situate in the Township of Butler, County of Butler, Commonwealth of Pennsylvania, bounded and described as follows:
ON the North one hundred twenty-five (125) feet by Lot No. 34 in the Homeacre Plan of Lots as recorded in Plan Book B, Page 20; on the East sixty (60) feet; on the South one hundred twenty-five (125) feet; and on the West sixty (60) feet.
AND
ON the North one hundred (100) feet by Lot No. 34 in the Homeacre Plan of Lots as recorded in Plan Book B, Page 20; on the East sixty (60) feet by an alley; on the South one hundred (100) feet by lands of now or formerly Lewis E. and Gertrude Davis; on the West sixty
(60) feet by lands of now or formerly Lewis E. and Gertrude Davis.
Being the northeastern corner of a larger plot of land, the same being the eastern portion of Lots No. 35, 36, and 37 in the Homeacre Plan of Lots.
With a house and a garage.
BEING known as Tax Map Parcel 056-20-E35. You are further notified that a Rule to Show
Cause has been issued against you to show cause why the Tax Claim Bureau of Butler
County, Pennsylvania, should not sell to Mark
J. Krenitsky the property described in the Petition for the sum of $200.00.
This Rule is returnable and to be heard on the 5th day of March, 2015, at 12:00 o’clock p.m., in Courtroom No. 3 of the Butler County Courthouse before Judge S. Michael Yeager.
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL ASSISTANCE TO ELIGIBLE PERSONS AT A REDUCED FEE FOR NO FEE.
Office of Prothonotary, Butler County 1st Floor Courthouse
124 West Diamond Street
P.O. Box 1208
Butler, PA 16003
(724) 284-5214
Butler County Bar Association 240 South Main Street
Butler, PA 16001
(724) 841-0130
Thomas J. May, Esquire DILLON McCANDLESS KING COULTER & GRAHAM L.L.P.
128 West Cunningham Street Butler, PA 16001
BCLJ: January 23, 2015
_______
IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA
MsD. No.: 14-40235 IN RE: SALE OF UNREDEEMED
PROPERTY OF THE BUTLER
COUNTY TAX CLAIM BUREAU
TAX PARCEL NO. 564-9-61 KHADIR SALAMA and TINA M. SALAMA
TO: K HA DI R SAL A M A and TI NA M . SALAMA
NOTICE OF PETITION FOR SALE OF UNREDEEMED PROPERTY OF THE BUTLER COUNTY TAX CLAIM BUREAU
You are hereby notified that the Butler County Tax Claim Bureau filed an action against you at the above number and term on September 19, 2014. The parcel which is the subject of this action is located in the City of Butler, Butler County, Pennsylvania, and is bounded and described as follows:
ALL that lot of land situate in the Fourth Ward of the City of Butler, County of Butler, State of Pennsylvania, having thereon erected a two story, frame dwelling house, and being bounded and described as follows:
ON the North by Park Street; on the East by Cliff Street; on the South by lot of formerly Richard Campbell, now or formerly Susan Little; on the West by lot of now or formerly Mrs. Jessie H. McIlroy.
FRONTING twenty-four (24) feet more or less on said Cliff Street and extending back West on parallel lines sixty (60) feet more or less, to lot of now or formerly Jessie H. McIlroy.
BEING known as Tax Map Parcel 564-9- 61-0000.
ALSO known as 310 North Cliff Street, Butler, PA 16001.
You are further notified that a Rule to Show Cause has been issued against you to show cause why the Tax Claim Bureau of Butler County, Pennsylvania, should not sell to Mark
J. Krenitsky the property described in the Petition for the sum of $200.00.
This Rule is returnable and to be heard on the 7th day of April, 2015, at 9:00 o’clock a.m., in Courtroom No. 3 of the Butler County
Courthouse before Judge S. Michael Yeager.
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL ASSISTANCE TO ELIGIBLE PERSONS AT A REDUCED FEE FOR NO FEE.
Office of Prothonotary, Butler County 1st Floor Courthouse
124 West Diamond Street
P.O. Box 1208
Butler, PA 16003
(724) 284-5214
Butler County Bar Association 240 South Main Street
Butler, PA 16001
(724) 841-0130
Thomas J. May, Esquire DILLON McCANDLESS KING COULTER & GRAHAM L.L.P.
128 West Cunningham Street Butler, PA 16001
BCLJ: January 23, 2015
_______