THE Dauphin County Reporter...2006/02/03 · THE Dauphin County Reporter (USPS 810-200) A WEEKLY...

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5539, Vol. 122 February 3, 2006 No. 131

Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa.,under the Act of Congress of March 31, 1879

Jackson v. Buck, et al. 453Bar Association Page Inside Back Cover

Pages 453-458

THEDAUPHIN COUNTY REPORTER

Edited and Publishedby the

DAUPHIN COUNTY BARASSOCIATION

213 North Front StreetHarrisburg, PA 17101-1493

(717) 232-7536____________DONALD MORGAN

Executive DirectorJOYCE TAMBOLAS

Administrative AssistantBRIDGETTE L. HILBISH

Office Assistant___________Printed by

KURZENKNABE PRESS1424 Herr St., Harrisburg, PA 17103

THE DAUPHIN COUNTY REPORTER (USPS810-200) is published weekly by the DauphinCounty Bar Association, 213 North Front Street,Harrisburg, PA 17101. Periodical postage paid atHarrisburg, PA. POSTMASTER: Send addresschanges to THE DAUPHIN COUNTYREPORTER, 213 North Front Street, Harrisburg,PA 17101.

TERMSFor NON-MEMBERS of the

Dauphin County Bar Association:Bound Volume 120 ________________$125.00Advance Sheets, Volume 121 ________$ 90.00For MEMBERS of the

Dauphin County Bar Association:Bound Volume 120 ________________$ 90.00Advance Sheets, Volume 121 ________$ 75.00

Advertisements must be received before 12o’clock noon on Tuesday of each week at the officeof the Dauphin County Reporter, 213 North FrontStreet, Harrisburg, PA 17101.

Telephone (717) 232-7536

Estate Notices

DECEDENTS ESTATES

NOTICE IS HEREBY GIVEN that letterstestamentary or of administration have beengranted in the following estates. All personsindebted to the estate are required to makepayment, and those having claims or demands topresent the same without delay to the administra-tors or executors or their attorneys named below.

FIRST PUBLICATION

ESTATE OF DAVID M. HOUTZ, late of RushTownship, Dauphin County, Pennsylvania (diedJanuary 9, 2006). Executrix: Darlee J. Lebo, 678St. John’s Road, Elizabethville, PA 17023.Attorney: Earl Richard Etzweiler, Esq., 105North Front Street, Harrisburg, PA 17101. Phone(717) 234-5600. f3-f17

ESTATE OF DAWN MARIE MOTTER, lateof Lower Paxton Township, Dauphin County,Pennsylvania (died December 11, 2005).Administratrix: Mrs. Dorothy Motter-Balash, 121Thorton Park Avenue, Davenport, FL 33897-6422. Attorney: Gary L. Rothschild, Esq., 2215Forest Hills Drive, Suite 35, Northwood OfficeCenter, Harrisburg, PA 17112. f3-f17

ESTATE OF OLGA K. SCHATZ, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died January 14, 2006). Executrix:Linda S. Hoover. Attorney: Cara A. Boyanowski,Esq., Serratelli, Schiffman, Brown & Calhoon,P.C., 2080 Linglestown Road, Suite 201,Harrisburg, PA 17110. f3-f17

ESTATE OF DOUGLAS A. BREAM, late ofConewago Township, Dauphin County, Pennsyl-vania (died December 5, 2005). Executrix:Bernadette E. Bream, 6106 Schoolhouse Road,Elizabethtown, PA 17022. Attorney: Michael P.Bianchini, Esq., Griffith, Strickler, Lerman,Solymos & Calkins, 110 South Northern Way,York, PA 17402-3737. f3-f17

ESTATE OF ROBERT H. GEISEL, JR., late ofSwatara Township, Dauphin County, Pennsyl-vania (died January 10, 2006). Executrix: AvisAnn Pulaski, 8 Rutherford Road, Harrisburg, PA17109. Attorney: Terrence J. Kerwin, Esq.,Kerwin & Kerwin, 27 North Front Street,Harrisburg, PA 17101. f3-f17

ESTATE OF R.G. HOOVER a/k/a RENALDG. HOOVER, late of Middletown Borough,Dauphin County, Pennsylvania. Executor: JamesB. Hoover, 108 Forest Avenue, Locust Valley,NY 11560. Attorney: Bridget M. Whitley, Esq.,Skarlatos & Zonarich LLP, 17 South SecondStreet, 6th Floor, Harrisburg, PA 17101. f3-f17

ESTATE OF MARIAN L. MINNICH, late ofJackson Township, Dauphin County, Pennsyl-vania. Executrix: Melinda L. Spicher, 11 CherryDrive, Halifax, PA 17032. Attorney: Gregory M.Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. f3-f17

453 (2005)] DAUPHIN COUNTY REPORTS 453

Jackson v. Buck, et al.

Id. at 331.

We focus on the words “[ilt was no fault of his that the first writ wasineffectual etc.” The facts in Everett reveal that the original action wascommenced in Clinton County and the writs were placed in the hands ofthe Clinton County Sheriff. The sheriff of Clinton County deputized thesheriff of Philadelphia County to serve the writs on agents of the de-fendant companies in the city of Philadelphia. Although the return ofservice was signed by the sheriff of Philadelphia, actual service wasmade by an individual who was not (or did not appear to be) a deputy.Service was defective for this reason.

Since the error in service was chargeable to the sheriff, the SupremeCourt refused to enforce the limitations clause in the contract against theplaintiff. Although this decision is over a century old and although Lampcomes into play in 1976, we believe that the principle in Everett survivestoday. If plaintiff demonstrates a good faith effort to accomplish properservice, such effort will serve to toll the statute — or in this case, con-tract term — of limitations.

As we find no such good faith effort in the case before us we are con-strained to enter the following:

ORDERAND NOW, this 7th day of December, 2005.

IT IS HEREBY ORDERED that Defendant’s Motion for Judgment onthe Pleadings is granted. Judgment is entered in favor of State Farm Fire& Casualty Company and against plaintiff, Shelley M. Peterson.

_______o_______


Torts — Negligence — Judicial estoppel — Prior inconsistent theory — “Successfulmaintenance”.

Plaintiff lost a professional negligence case filed against differentDefendants and then filed this action to recover for the same injuries.The Defendants in the instant case sought summary judgment on thebasis of Plaintiff’s inconsistent theory of liability in the prior case. TheCourt held that since the former theory of liability had not been “suc-cessfully maintained,” it could not act as a bar to this action.

454 DAUPHIN COUNTY REPORTS [122 Dauph.


1. A party may be precluded by a prior position taken in litigation from later adoptingan inconsistent position in the course of a judicial proceeding. Scarano v. Central R. Co.of New Jersey, 203 F.2d 510, 513 (3d Cir. 1953). As a general rule, a party to an action isestopped from assuming a position inconsistent with his or her assertion in a previousaction, if his or her contention was successfully maintained. Trowbridge v. ScrantonArtificial Limb Company, 560 Pa. 640, 747 A.2d 862, 864 (2000).

2. “Successful maintenance” of a prior inconsistent position must be established beforejudicial estoppel can be appropriately applied in the course of a latter judicial proceeding.

Motion for Summary Judgment. C.P., Dau. Co., No. 2004 CV 3761MM. Motion denied.

Brian C. Hall, for Plaintiffs

Michael D. Pipa, for Defendant Buck

Michael M. Badowski, for Defendant Colonial Park Family Practice

EVANS, J., December 8, 2005. – Defendants Lori Buck and HeritageMedical Group seek summary judgment on the equitable principal ofjudicial estoppel. In support thereof defendants aver that certain posi-tions taken by the plaintiff in the matter of Jackson v. Cohen andPinnacle Health t/d/b/a Harrisburg Hospital, Dauphin County Court ofCommon Pleas, No. 2698-S-2001 are in direct conflict with the plain-tiff’s contentions in the instant case, thereby presenting a bar to thisaction.

As the parties are aware, this court is extremely familiar with Jacksonv. Cohen which involved a claim by the minor plaintiff, DariannaJackson, that Dr. Cohen, an obstetrician, negligently failed to deliver theminor plaintiff via emergency caesarian section. Both prior to andthroughout trial, plaintiff asserted that an emergency caesarian sectionwas warranted based upon evidence of fetal distress reflected on elec-tronic fetal heart monitoring which took place during Dr. Cohen’s watchin labor and delivery on June 14, 1999. Plaintiff alleged that Dr. Cohen’sfailure to recognize the signs of fetal distress and his failure to performan emergency birth resulted in permanent brain damage to the minorplaintiff.

Jackson v. Cohen was bifurcated and the liability phase of trial com-menced on September 27, 2004. At trial, the evidence established thatplaintiff’s mother, Cherita Jackson, failed to undergo any pre-natal careand in fact, did not advise anyone that she was pregnant at any timebefore presenting to labor and delivery at the Harrisburg Hospital onJune 14, 1999. Throughout trial, counsel for the minor plaintiff asserted



that Cherita’s lack of prenatal care was entirely irrelevant as the neuro-logical damage to the plaintiff occurred solely as a result of the negli-gence of Dr. Cohen in failing to perform an emergency caesarian sectionwhen he knew or should have known that the results of electronic fetalwarranted emergency delivery. In fact, this was the theory of liabilityargued by plaintiff and all of plaintiff’s experts. The entire case ofJackson v. Cohen was premised on the allegation that the brain injuryoccurred during labor and delivery as evidenced by fetal monitoring andradiological studies. After a five (5) day trial, the jury returned a verdictin favor of Dr. Cohen and Pinnacle Health System, d/b/a HarrisburgHospital. Plaintiff’s post-trial motions were denied and plaintiffs appealin that case is currently pending before the Pennsylvania Superior Court.

On August 27, 2004, plaintiff commenced this malpractice actionagainst Lori Buck, a physician’s assistant, and the Colonial ParkFamily Practice.1 Ms. Buck examined plaintiff’s mother, CheritaJackson during an office visit at the Colonial Park Family Practice,several weeks prior to labor and delivery. In this action, plaintiffalleges that Ms. Buck’s failure to diagnose Cherita Jackson’s pregnan-cy during an office visit on May 27, 1999 deprived Darianna Jacksonof proper pre-natal care. Specifically, plaintiff claims that because Ms.Buck did not detect Cherita’s pregnancy, she did not recommend, orderor perform routine prenatal testing and monitoring which could haveprevented or reduced the risk of Darianna’s neurological injury. At firstblush, plaintiff’s position appears to be inconsistent with both the factsand theories advanced in Jackson v. Cohen. Accordingly, defendantsassert that the concept of judicial estoppel serves as a bar to the pres-ent action.2

The doctrine of judicial estoppel was first articulated by the UnitedStates Court of Appeals for the Third Circuit in Scarano v. Central R.Co. of New Jersey, 203 F.2d 510, 513 (3d Cir. 1953), which stated “aparty may be precluded by a prior position taken in litigation from lateradopting an inconsistent position in the course of a judicial proceeding.”

1. Pursuant to a stipulation of the parties, filed on May 11, 2005, the Heritage MedicalGroup was substituted as a defendant in this matter in place of Colonial Park FamilyPractice.

2. On September 13, 2004, approximately two weeks prior to the scheduled trial inJackson v. Cohen, plaintiff filed a motion to consolidate these cases and the motion wasdenied. The court’s failure to permit consolidation is one of the issues currently pendingbefore the Superior Court in the appeal of Jackson v. Cohen. The basis for the trial court’srefusal to consolidate these cases was thoroughly discussed in a post-trial opinion issuedon February 8, 2005.



As noted in Scarano, the doctrine of judicial estoppel is distinct fromother theories of estoppel and may be applied any time a litigant plays“fast and loose with the courts which has been emphasized as an evil thecourts should not tolerate.” Scarano, 203 F.2d at 513.

Since Scarano, judicial estoppel has been discussed and defined in anumber of Pennsylvania cases, however, there appears to be a differenceof opinion as to whether successful maintenance of the prior inconsis-tent position is strictly necessary before the doctrine can be applied tobar subsequent litigation. See, e.g., Trowbridge v. Scranton ArtificialLimb Company, 560 Pa. 640, 747 A.2d 862, 864 (2000) (as a generalrule, a party to an action is estopped from assuming a position inconsis-tent with his or her assertion in a previous action, if his or her contentionwas successfully maintained); compare, In re: Pivirotto’s Estate, 251 Pa.548, 97 A. 90 (1916) (applying judicial estoppel to the wife of a dece-dent because she helped her children contest her husband’s will,although the will was never avoided).

More recently, our Supreme Court discussed this issue in In re:Adoption of S.A.J., 575 Pa. 620, 838 A.2d 616, 631 (2003). MadameJustice Newman wrote the majority opinion of the Court in which opin-ion five of the other six justices joined. In a lengthy footnote, JusticeNewman discussed, “[w]hether successful maintenance of the priorinconsistent position of litigant is strictly necessary to implicate judicialestoppel in every case, or whether success should instead be treated as afactor favoring the doctrine’s application,” concluding that the questiondid not require definitive resolution in order for the Court to reach itsholding. Id. at n.3. Nonetheless, the Court specifically applied theTrowbridge test to determine if judicial estoppel had been appropriatelyapplied in the case before it. The test as stated by the Supreme Court inIn re: Adoption of S.A.J was as follows:

(1) Did appellant assume an “inconsistent” position in 2000when he claimed he was the natural father, after denyingpaternity in 1990; and

(2) Was his contention “successfully maintained?”

Id., 575 Pa. at 621, 838 A.2d at 632.

Here, it is undisputed that at the trial of Jackson v. Cohen, plaintiff’scontentions as to the medical negligence of Dr. Cohen were not accept-ed by the jury. Specifically, the jury rejected plaintiff’s contention thatDr. Cohen had been negligent and had failed to meet the appropriates t a n d -



ard of care in his provision of medical services. Based upon the SupremeCourt’s discussion in In re: S.A.J. and its reliance on Trowbridge, wefind that “successful maintenance” must be established before plaintiffwill be precluded from adopting an inconsistent position in the course ofthis latter judicial proceeding.3

We acknowledge that plaintiff’s theories of liability appear inconsis-tent and conflicting. In the first action, plaintiff repeatedly advanced theposition that the delay in delivery by caesarian section was the solecause of her harm, arguing that pre-natal events did not in any way causeor contribute to the injuries. In the present case, plaintiff alleges that haddefendant Buck properly detected Cherita’s pregnancy and made theappropriate recommendations for pre-natal care and testing, “Darianna’sneurologic injury could have been prevented and/or the risk of neurolog-ic injury would have been lower.” (Complaint at paragraph 12).Nevertheless, plaintiff asserts that Ms. Buck and the defendants inJackson v. Cohen were under independent, separable duties of care to actand neither of them did so. Accordingly, plaintiff maintains that her legalpositions in the two cases are not directly at odds, as the duties of careare of independent origin.

While there is some disagreement as to whether judicial estoppelshould only foreclose successfully-maintained positions and successfullitigants, this court believes that inherent in the doctrine of judicialestoppel is previous successful use of a position. See, e.g., In re: Estateof James Bullotta, 575 Pa. 587, 838 A.2d 594 (2003); AssociatedHospital Service of Philadelphia v. Pustilnik, 497 Pa. 221, 439 A.2d1149 (1981). Accordingly, we find the doctrine to be inapplicable in thepresent case because plaintiff’s legal theory as to causation of herinjuries was not successfully maintained. Moreover, we accept plain-tiff’s assertion that although the theories of causation appear inconsis-tent, they do not present the type of clear conflict which has justifiedapplication of the doctrine in other instances. See, Ligon v. MiddletownArea School District, 136 Pa. Cmwlth. 566, 584 A.2d 376 (1990).Therefore, we entered the following:

3. Further, we note that because the jury found Dr. Cohen was not negligent, no verdict was rendered on the issue of causation. Arguably, as there was no final adjudication of this issue, the doctrine of judicial estoppel is inapplicable. See, e.g., In re: Estate of James Bullotta, Jr., 575 Pa. 587, 838 A.2d 594 (2003). Moreover, we note that In re: Estate of James Bullotta, Jr. was decided by the Supreme Court on the same date as In re: S.A.J. with Justice Eakin writing for the majority. Both the majority and concurring opinions reference the “successful maintenance” element of judicial estoppel.



ORDERAND NOW, this 8th day of December, 2005, upon consideration of

Defendants’ motions for summary judgment, Plaintiff’s response there-to and for the reasons stated in the accompanying opinion, the motionsfor summary judgment are DENIED.

_______o_______

ESTATE OF DENNIS K. NALLY a/k/aDENNIS KEITH NALLY, late of Middletown,Dauphin County, Pennsylvania. Executrix: VickyL. Nally, 1540 Woodridge Drive, Middletown,PA 17057. Attorney: Heather D. Royer, Esq.,Smigel, Anderson & Sacks, LLP, 4431 NorthFront Street, Harrisburg, PA 17110. f3-f17

ESTATE OF DALE E. SEDESHE, SR., late ofWest Hanover Township, Dauphin County, Penn-sylvania (died December 19, 2005). Executrix:Angela M. Martin, 725 North Second Street,Steelton, PA 17113. Attorney: Francis A. Zulli,Esq., Wion, Zulli & Seibert, 109 Locust Street,Harrisburg, PA 17101. f3-f17

ESTATE OF GREGORY YAREMCHAK, lateof Middletown, Dauphin County, Pennsylvania.Executrix: Nicole Lynn Yaremchak, 412 YoungAvenue, Middletown, PA 17057. f3-f17

SECOND PUBLICATION

ESTATE OF CHARLOTTE L. BRUCKHART,late of Lower Paxton Township, Dauphin County,Pennsylvania (died November 16, 2005).Executor: Calvin B. Bruckhart. Attorney:Cynthia M. Lighty, Esq., 1020 North Forge Road,Palmyra, PA 17078. j27-f10

ESTATE OF DAWN MARIE WORSHAM,late of Hershey, Dauphin County, Pennsylvania.Administrator: Martin J. Worsham, 31 WestCaracas, Avenue, Hershey, PA 17033. Attorney:Scott A. Stein, Esq., Law Offices of Peter J.Russo, P.C., 3800 Market Street, Camp Hill, PA17011. j27-f10

FIRST PUBLICATION

Estate Notices

ESTATE OF DOROTHY S. UMSHOLTZ, lateof the Borough of Lykens, Dauphin County,Pennsylvania (died December 26, 2005).Executor: Gregory Showers, 118 Fairview Lane,Williamstown, PA 17098. Attorney: Gregory M.Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. j27-f10

ESTATE OF LILLIAN S. NATHAN, late ofHarrisburg, Dauphin County, Pennsylvania (diedDecember 23, 2005). Executrix: Heather C.Kattouf, 3208 Crest Road, Harrisburg, PA 17109.Attorney: Herschel Lock, Esq., 3107 North FrontStreet, Harrisburg, PA 17110-1310. j27-f10

ESTATE OF MARY G. SKELTON a/k/aMARY GLADYS SKELTON, late of theBorough of Paxtang, Dauphin County, Pennsyl-vania (died January 7, 2006). Executor: Jesse F.Skelton, 9320 Langwood Drive, Raleigh, NC27617. Attorney: Jered L. Hock, Esq., Metzger,Wickersham, Knauss & Erb, P.C., 3211 NorthFront Street, P.O. Box 5300, Harrisburg, PA17110-0300. j27-f10

ESTATE OF ELSIE M. BUFFINGTON a/k/aELSIE H. BUFFINGTON a/k/a ELSIE M.HELT, late of Lykens Borough, Dauphin County,Pennsylvania (died December 28, 2005). Co-Executors: Robert White, 1205 Hudson Street,Harrisburg, PA 17104 and Earl RichardEtzweiler, 274 Creek View Drive, Millersburg,PA 17061. Attorney: Earl Richard Etzweiler,Esq., 105 North Front Street, Harrisburg, PA17101. Phone (717) 234-5600. j27-f10

ESTATE OF ANNA M. HOFFMAN, late ofLower Paxton Township, Dauphin County,Pennsylvania. Executor: Robert J. Hoffman, 85Maranatha Drive, Marysville, PA 17053.Attorney: William C. Dissinger, Esq., 400 SouthState Road, Marysville, PA 17053. j27-f10

ESTATE OF ALICE M. SHUTTS, late ofPaxtang Borough, Dauphin County, Pennsyl-vania (died December 17, 2005). Executor:Kenneth R. Shutts. Attorney: Richard W.Stevenson, Esq., McNees Wallace & NurickLLC, 100 Pine Street, P.O. Box 1166, Harrisburg,PA 17108. Phone (717) 237-5208. j27-f10

ESTATE OF ELIOT D. GOLDSTEIN a/k/aELIOT DAVID GOLDSTEIN, late ofHarrisburg, Dauphin County, Pennsylvania.Executrix: Joyce L. Goldstein. Attorney: John R.Fenstermacher, Esq., Fenstermacher andAssociates, P.C., 5115 East Trindle Road,Mechanicsburg, PA 17050. Phone (717) 691-5400. j27-f10

ESTATE OF MICHAEL E. KOCHER, late ofWiconisco, Dauphin County, Pennsylvania (diedJune 5, 2003). Administrator: Julian S. Kocher,23 Williams Street, Halifax, PA 17032. Attorney:Susan E. Lederer, Esq., 4811 Jonestown Road,Suite 226, Harrisburg, PA 17109. j27-f10

ESTATE OF ANNE T. WACKER, late ofSwatara Township, Dauphin County, Pennsyl-vania (died November 17, 2005). Executor: GaryE. Slatt, Hummelstown, PA 17036. Attorney: JanL. Brown, Esq., Jan L. Brown & Associates, 845Sir Thomas Court, Suite 12, Harrisburg, PA17109. Phone (717) 541-5550 j27-f10

ESTATE OF MARY ELIZABETH ERVIN,late of Harrisburg, Dauphin County, Pennsyl-vania (died April 14, 2005). Executor: Bobby B.Ervin, 1615 Thompson Street, Harrisburg, PA17104. Attorney: Joseph D. Caraciolo, Esq.,Foreman & Foreman, PC, Veterans Building,Sixth Floor, 112 Market Street, Harrisburg, PA17110. j27-f10

SECOND PUBLICATION

Estate Notices

ESTATE OF GEORGE W. MYERS, JR., late ofRoyalton, Dauphin County, Pennsylvania (diedDecember 4, 2005). Executor: George W. Myers,III. Attorney: James P. Sheppard, Esq., 2201North Second Street, Harrisburg, PA 17110.Phone (717) 232-5551. j27-f10

ESTATE OF DONALD R. WALKER, SR., lateof Lower Paxton Township, Dauphin County,Pennsylvania (died December 26, 2005).Executrix: Janet H. Walker, 4858 PeterboroughRoad, Harrisburg, PA 17109. Attorney: Carl G.Wass, Esq., Caldwell & Kearns, 3631 North FrontStreet, Harrisburg, PA 17110. j27-f10

ESTATE OF LORETTA GATLING, late of theTownship of Lykens, Dauphin County, Penn-sylvania (died January 3, 2006). Executor: Louis Gatling, Jr., 12 White Dogwood Drive,Etters, PA 17319. Attorney: Joseph D. Kerwin,Esq., Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. j27-f10

ESTATE OF DELBERT A. DAVIS, late ofUpper Paxton Township, Dauphin County,Pennsylvania (died December 12, 2005).Executor/Attorney: Joseph D. Kerwin, Esq.,Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. j27-f10

ESTATE OF FRANCES L. ANTONICELLI,late of the Borough of Hummelstown, DauphinCounty, Pennsylvania (died December 28, 2005).Executor: Frank J. Antonicelli, 246 E. SecondStreet, Hummelstown, PA 17035. Attorney:Francis A. Zulli, Esq., Wion, Zulli & Seibert, 109Locust Street, Harrisburg, PA 17101. j27-f10

ESTATE OF LOUIS B. KOZLOFF, late ofLower Paxton Township, Dauphin County, Penn-sylvania (died December 16, 2005). Executor:Carol A. Kozloff. Attorney: Robert R. Church,Esq., Keefer Wood Allen & Rahal, LLP, P.O. Box11963, Harrisburg, PA 17108-1962. j27-f10

ESTATE OF MARY P. KARDESCO a/k/aMARY E. KARDESCO a/k/a MARY R.KARDESCO, late of the Borough ofMiddletown, Dauphin County, Pennsylvania.Executor: Craig E. Rowe. Attorney: Scott E.Albert, Esq., 50 East Main Street, Mount Joy, PA17552. j27-f10

ESTATE OF CHARLES R. STOY, late of EastHanover Township, Dauphin County, Pennsyl-vania (died November 5, 1999). PersonalRepresentative: JoLynn M. Stoy, 217 ShellsChurch Road, Grantville, PA 17028. j27-f10

ESTATE OF JEANETTE I. KEEFER, late ofDerry Township, Dauphin County, Pennsylvania(died November 16, 2005). Co-Executors: JamesKeefer, 393 Gates Road, Hershey, PA 17033 andBonnie Jean Yakstis, 387 Gates Road, Hershey,PA 17033. Attorney: Francis A. Zulli, Esq., Wion,Zulli & Seibert, 109 Locust Street, Harrisburg,PA 17101. j27-f10

ESTATE OF GABRIEL AGOSTINO, late ofthe City of Harrisburg, Dauphin County, Pennsyl-vania (died December 27, 2005). Administrator:Cosmo G. Agostino, 603 W. Second Street,Hummelstown, PA 17036. Attorney: Jeffrey M.Mottern, Esq., 28 E. Main Street, P.O. Box 87,Hummelstown, PA 17036. j27-f10

THIRD PUBLICATION

ESTATE OF KATHERINE I. HETRICK a/k/aKATHERINE HARPER HETRICK, late ofDauphin County, Pennsylvania (died December10, 2005). Co-Executors: Linda Slaybaugh,William Harper, III, and Natalie Hume, 875Valley Street, Marysville, PA 17053. j20-f3

SECOND PUBLICATION

Estate Notices

ESTATE OF GERALDINE L. VAUGHN, lateof Lower Paxton Township, Dauphin County,Pennsylvania (died November 21, 2005). Execu-trix: Nola J. Miller. Attorney: Jacqueline A.Kelly, Esq., Jan L. Brown & Associates, 845 SirThomas Court, Suite 12, Harrisburg, PA 17109.Phone (717) 541-5550. j20-f3

ESTATE OF ROBERT R. SIDMAN, late ofLower Paxton Township, Dauphin County,Pennsylvania (died January 5, 2006). Executor:Michael C. Sidman, 4039 Laurel Valley Drive,Powell, OH 43065. Attorney: Howard B. Krug,Esq., Purcell, Krug & Haller, 1719 North FrontStreet, Harrisburg, PA 17102. j20-f3

ESTATE OF ROSE L. SWEIKERT, late ofLower Paxton Township, Dauphin County,Pennsylvania (died December 25, 2005).Executrix: Diane L. Shambaugh, 1063 CountryHill Drive, Harrisburg, PA 17101. Attorney:Francis A. Zulli, Esq., Wion, Zulli & Seibert, 109Locust Street, Harrisburg, PA 17101. j20-f3

ESTATE OF MARY E. BORDASH, late ofWilliamstown, Dauphin County, Pennsylvania.Executrix: Marie T. Buggy, 247 East BroadStreet, Williamstown, PA 17098. Attorney:Gregory M. Kerwin, Esq., Kerwin & Kerwin,4245 Route 209, Elizabethville, PA 17023.

j20-f3

ESTATE OF TERRY R. KLINGER, late of theBorough of Lykens, Dauphin County, Pennsyl-vania (died December 1, 2005). Administratrix:Rosemarie A. Perniola, 314 Pottsville Street, P.O.Box 99, Wiconisco, PA 17097. Attorney: GregoryM. Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. j20-f3

ESTATE OF SAMUEL W. DEMEY, late of theBorough of Middletown, Dauphin County, Penn-sylvania (died December 9, 2005). Executor:Larry A. Hartman, 29 Almond Drive, Hershey,PA 17033. Attorney: Stanley A. Smith, Esq.,Rhoads & Sinon LLP, One S. Market Square,P.O. Box 1146, Harrisburg, PA 17108-1146.

j20-f3

ESTATE OF EVELYN G. CALDWELL, lateof the City of Harrisburg, Dauphin County, Penn-sylvania (died December 19, 2005). Executrix:Andrea Koontz, 2638 Butler Street, Harrisburg,PA 17103. Attorney: Dennis J. Shatto, Esq.,Cleckner and Fearen, 119 Locust Street, P.O. Box11847, Harrisburg, PA 17108-1847. j20-f3

ESTATE OF ELEANOR LaFONTAINE, lateof Susquehanna Township, Dauphin County,Pennsylvania. Executrix: Deborah Lynn Royer,517 Canal Street, Lebanon, PA 17046. Attorney:C. Walter Whitmoyer, Jr., Esq., 815 CumberlandStreet, Lebanon, PA 17042-5266. j20-f3

NOTICE IS HEREBY GIVEN that CapitalArea Business Advisors, LLC, a Pennsylvanialimited liability company, organized under thelaws of the Commonwealth of Pennsylvania withits principal place of business at 2368 PullmanWay, Hummelstown, Dauphin County, Penn-sylvania 17036 was issued a Certificate ofOrganization by the Department of State of theCommonwealth of Pennsylvania on December15, 2005. This limited liability company is estab-lished under the provisions of the PennsylvaniaLimited Liability Company Law of 1994, 15Pa.C.S. §8913, as amended.

NEIL W. YAHN, Esq.James Smith Dietterick & Connelly, LLP

P.O. Box 650f3 Hershey, PA 17033

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Depart-ment of State for BESTPRACTICES OFPENNSYLVANIA, P.C., a professional corpora-tion organized under the Pennsylvania BusinessCorporation Law of 1988. f3

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with and approvedby the Department of State of the Commonwealthof Pennsylvania at Harrisburg, PA on December20, 2005, for the purpose of obtaining aCertificate of Incorporation pursuant to the provi-sions of the Professional Corporation Act of theCommonwealth of Pennsylvania.The name of the corporation is: Freeburn &

Hamilton, P.C.



NOTICE IS HEREBY GIVEN that aCertificate of Authority for a foreign businesscorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania forInsuracle Insurance Services, Inc. onDecember 16, 2005. The address of its principaloffice under the laws of the jurisdiction in whichit is incorporated is New Jersey. The registeredoffice for this business is: Nauman, Smith,Shissler & Hall, LLP, Dauphin County, PA. Thecorporation is filed in compliance with therequirements of the applicable provision of 15Pa.C.S. 4124. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 6, 2006, by BESTPRACTICES, INC., a foreign corpora-tion formed under the laws of theCommonwealth of Virginia, where its principaloffice is located at 10306 Eaton Place, Suite 180,Fairfax, Virginia 22030, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall be

deemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for OVERTIME EQUIPMENT, INC., acorporation organized under the PennsylvaniaBusiness Corporation Law of 1988. f3

THIRD PUBLICATION

Estate Notices

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Commonwealthof Pennsylvania, Department of State, onDecember 30, 2005, for the purpose of obtaininga Certificate of Incorporation. The name of thecorporation is C & S Concrete, Inc., with its reg-istered office located at 22 Arwin Drive,Hummelstown, Dauphin County, Pennsylvania.

JOHNSON, DUFFIE, STEWART& WEIDNER

301 Market StreetP.O. Box 109

f3 Lemoyne, PA 17043-0109

NOTICE IS HEREBY GIVEN that CentralPenn Business Brokers, LLC, a Pennsylvanialimited liability company, organized under thelaws of the Commonwealth of Pennsylvania withits principal place of business at 2368 PullmanWay, Hummelstown, Dauphin County, Penn-sylvania 17036 was issued a Certificate ofOrganization by the Department of State of theCommonwealth of Pennsylvania on December15, 2005. This limited liability company is estab-lished under the provisions of the PennsylvaniaLimited Liability Company Law of 1994, 15Pa.C.S. §8913, as amended.



NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority has beenfiled with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about December 29, 2005, for a foreigncorporation with a registered address in the stateof Pennsylvania as follows: Orion Health Inc.c/o National Registered Agents Inc.This corporation is incorporated under the lawsof the State of Delaware. The principal office is15 East North Street, Dover, DE 19901-3609.The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

f3

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Depart-ment of State for QUALITY ASSURANCE &COMPUTER VALIDATION CONSULTING,INC., a corporation organized under thePennsylvania Business Corporation Law of 1988.

f3

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the PennsylvaniaDepartment of State, Corporation Bureau, onJanuary 17, 2006, for the purpose of incorporat-ing PENNSYLVANIA FAMILIES FORCYBER SCHOOLS, pursuant to the NonprofitCorporation Law of 1988, as amended. This non-profit corporation is incorporated for all lawfulpurposes under the Nonprofit Corporation Law of1988 and within the meaning of §501(c)(4) of theInternal Revenue Code of 1986, as amended, andfor purposes, including, but not limited to, pro-moting the social welfare by educating the publicand advocating for public policy which furthersthe advancement of cyber education, and actingto insure that Pennsylvania students have equalaccess to enrollment in a cyber school and to dis-tance learning opportunities.

JEFFREY R. BOSWELL, Esq.Boswell, Tintner, Piccola & Alford

315 North Front StreetP.O. Box 741

f3 Harrisburg, PA 17108-0741

NOTICE IS HEREBY GIVEN that Articles ofIncorporation will be filed with the Departmentof State of the Commonwealth of Pennsylvania,at Harrisburg, PA for the purpose of obtaining aCertificate of Incorporation of a proposed busi-ness corporation to be organized under theBusiness Corporation Law of the Commonwealthof Pennsylvania, approved May 5, 1933, asamended.The name of the proposed corporation is:

Central Penn Investment Corp.The purpose for which it is to be or has beenorganized are: real estate development.

MICHAEL J. KUSHNER, Esq.P.O. Box 6218

Harrisburg, PA 17112f3 717-657-1204

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, Pennsylvania, onDecember 14, 2005, for the purpose of obtaininga Certificate of Incorporation under the BusinessCorporation Law of 1988, Act of December 21,1988, P.L. 1444, No. 177, as amended. The nameof the corporation is: Baja Fiesta, Inc.The purpose of the corporation is for the cre-ation, sale and distribution of salsa and other foodproducts and any and all legal business withinPennsylvania and all other activities connectedtherewith, and shall have unlimited power toengage in and to do any lawful act concerningany and all lawful business for which corpora-tions may be incorporated under the BusinessCorporation Law of 1988.

HARRY M. BATURIN, Esq.Law Offices of Baturin & Baturin

2604 North Second Streetf3 Harrisburg, PA 17110

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, Pennsylvania, onJanuary 6, 2006, for the purpose of obtaining aCertificate of Incorporation under the BusinessCorporation Law of 1988, Act of December 21,1988, P.L. 1444, No. 177, as amended. The nameof the corporation is: JCM Associates, Inc.The purpose of the corporation is to providesales, service, manufacturing and/or buying andselling items and any and all legal business with-in Pennsylvania and all other activities connectedtherewith, and shall have unlimited power toengage in and to do any lawful act concerningany and all lawful business for which corpora-tions may be incorporated under the BusinessCorporation Law of 1988.

HARRY M. BATURIN, Esq.Law Offices of Baturin & Baturin

2604 North Second Streetf3 Harrisburg, PA 17110

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a business corpora-tion was filed in the Department of State of theCommonwealth of Pennsylvania for Pets’ RX,Inc. on January 18, 2006. The address of its prin-cipal office under the laws of its jurisdiction is12401 West Olympic Boulevard, Los Angeles,CA 90064. The commercial registered officeprovider for this corporation is C T CorporationSystem in Dauphin County. The Corporation isfiled in compliance with the requirements of theapplicable provision of 15 Pa.C.S. 4124(b). f3

NOTICE IS HEREBY GIVEN that FortuneFinance and Real Estate Corporation, aPennsylvania corporation, having its registeredoffice located at 2309 Concord Circle,Harrisburg, Pennsylvania, has filed a Certificateof Election to Dissolve on January 10, 2006 withthe Department of State of the Commonwealth ofPennsylvania, pursuant to and in accordance withthe provisions of the Business Corporation Lawof the Commonwealth of Pennsylvania, approvedMay 5, 1933, as amended, and that the said cor-poration is winding up its affairs in the mannerprescribed by said law, so that its corporate exis-tence shall be ended upon the issuance ofCertificate of Dissolution by the Department ofState of the Commonwealth of Pennsylvania.

MANDELL K. SHANKEN, Esq.2309 Concord Circle

Harrisburg, PA 17110f3 717-651-9889

NOTICE IS HEREBY GIVEN that OakAvenue Investors, LLC, a Pennsylvania limitedliability company under the laws of theCommonwealth of Pennsylvania, with its princi-pal place of business at 13 Mill Street, Hershey,Pennsylvania 17033, was issued a Certificate ofOrganization from the Department of State of theCommonwealth of Pennsylvania on January 6,2006. The Pennsylvania limited liability com-pany is established under the provisions of thePennsylvania Limited Liability Company Law of1994, 15 Pa. C.S. §8913, as amended.

JAMES R. CLIPPINGER, Esq.Caldwell & Kearns

3631 North Front Streetf3 Harrisburg, PA 17110

NOTICE IS HEREBY GIVEN that Articles ofIncorporation for McNaughton Real EstateGroup, Inc., were filed with the Department ofState of the Commonwealth of Pennsylvania inHarrisburg, Pennsylvania, on or about November23, 2005. The corporation has been incorporatedunder the provisions of the Business CorporationLaw of 1988, as amended. f3

NOTICE IS HEREBY GIVEN that MPT ofBucks County Hospital, L.P. with a registeredoffice in care of National Registered Agents, Inc.in Dauphin County does hereby give notice of itsintention to withdraw from doing business in thisCommonwealth as per 15 Pa. C.S. Sec. 8586.The address of its principal office under the lawsof its jurisdiction is 1000 Urban Center Drive,Suite 501, Birmingham, AL 35242. This shallserve as official notice to creditors and taxingauthorities. f3

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania atHarrisburg on December 29, 2005 for the purposeof obtaining a Certificate of Incorporation for adomestic business stock corporation organizedunder the Business Corporation Law of 1988, Actof December 21, 1988 P.L. 1444, No. 177, asamended.The name of the corporation is: STOP N GO

AUTO, INC.The purpose or purposes for which the corpora-tion has been organized are: Any and all businessfor which corporations may be incorporatedunder the Business Corporation Law of theCommonwealth of Pennsylvania approvedDecember 21, 1988 and its amendments and sup-plements.

FRANCIS A. ZULLI, Esq.Wion, Zulli & Seibert

109 Locust StreetP.O. Box 1121

f3 Harrisburg, PA 17108-1121

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that MPT ofBucks County MOB, L.P. with a registeredoffice in care of National Registered Agents, Inc.in Dauphin County does hereby give notice of itsintention to withdraw from doing business in thisCommonwealth as per 15 Pa. C.S. Sec. 8586.The address of its principal office under the lawsof its jurisdiction is 1000 Urban Center Drive,Suite 501, Birmingham, AL 35242. This shallserve as official notice to creditors and taxingauthorities. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2006, by AONRISK SERVICES, INC. OF FLORIDA, a for-eign corporation formed under the laws of theState of Florida, where its principal office islocated at 1201 Hayes Street, Tallahassee, FL32301, for a Certificate of Authority to do busi-ness in Pennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 19, 2006, by F & MTRANSPORTATION, INC., a foreign corpora-tion formed under the laws of the State of NewJersey, where its principal office is located atP.O. Box 103, 47 Valley Street, Delaware, NJ07833 for a Certificate of Authority to do busi-ness in Pennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for SPATOLA’S USA, INC., a corporationorganized under the Pennsylvania BusinessCorporation Law of 1988. f3

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for ALL STAR WINDOWS, INC., a cor-poration organized under the PennsylvaniaBusiness Corporation Law of 1988. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2006, byNATLSCO Risk and Safety Services, Inc., aforeign corporation formed under the laws of theState of Delaware, where its principal office islocated at 11860 W. State Road 84, Suite 1, Ft.Lauderdale, FL 33325, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, by AmeriCredit ConsumerLoan Company, a foreign corporation formedunder the laws of the State of Nevada, where itsprincipal office is located at 801 Cherry Street,Suite 3900, Fort Worth, TX 76102, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that IVAN-HOE CORP., a Massachusetts Corporationintends to file an Application for Termination ofAuthority and the registered office is located atc/o The Prentice Hall Corporation System, Inc.,Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on November 4, 2005, byMICHAEL PAGE INTERNATIONAL, INC.,a foreign corporation formed under the laws ofthe State of Delaware, where its principal officeis located at The Chrysler Building, 405Lexington Avenue, 28th Floor, New York, NY10174, for a Certificate of Authority to do busi-ness in Pennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 10, 2006, by GEOXUSA, INC., a foreign corporation formed underthe laws of the State of Delaware, where its prin-cipal office is located at 1209 Orange Street,Wilmington, DE 19801, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 11, 2006, by MILLION WISHES, INC., a foreign corpora-tion formed under the laws of the State ofDelaware, where its principal office is located atc/o CSC, 2711 Centerville Road, Suite 400,Wilmington, DE 19808, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 11, 2006, by HDWINDOW FASHIONS, INC., a foreign corpo-ration formed under the laws of the State ofDelaware, where its principal office is located at2 Park Way, Upper Saddle River, NJ 07458, fora Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 11, 2006, byIN-STORE OPPORTUNITIES, INC., a for-eign corporation formed under the laws of theState of Connecticut, where its principal office islocated at c/o Lisa Shattuck, Suite Unit 5, 362Industrial Park Road, Middletown, CT 06457,for a Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that ACFINDUSTRIES, INCORPORATED, a NewJersey Corporation intends to file an Applicationfor Termination of Authority and the registeredoffice is located at c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on December 29, 2005, byintohomes Mortgage Services, Inc., a foreigncorporation formed under the laws of the State ofNevada, where its principal office is located at401 Court Street, Reno, NV 89501, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on December 30, 2005, byTHREE Z RETAIL CORPORATION, a for-eign corporation formed under the laws of theState of Delaware, where its principal office islocated at 2711 Centerville Road, Suite 400,Wilmington, DE 19808, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority has beenfiled with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about January 18, 2006, for a foreigncorporation with a registered address in the stateof Pennsylvania as follows: Avalon TitleCorporation, c/o Esquire Assist Ltd.This corporation is incorporated under the lawsof the State of Maryland. The principal office is10806 Reisterstown Road #3B, Owings Mills,MD 21117. The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

f3

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that ATTORNEYS’ ADVANTAGE INSURANCEAGENCY, INC., a Illinois Corporation intendsto file an Application for Termination ofAuthority and the registered office is located atc/o Corporation Service Company, DauphinCounty, Pennsylvania. f3

NOTICE IS HEREBY GIVEN that a FictitiousName Registration, McNaughton Real EstateGroup, with a principal place of business at Suite207, 4400 Deer Path Road, Harrisburg, PA17110, was filed with the Department of State ofthe Commonwealth of Pennsylvania inHarrisburg, Pennsylvania, on November 23,2005, for the purposes set forth below.The name and address of the entities owning or interested in the aforesaid business is:McNaughton Real Estate Group, Inc., Suite 207,4400 Deer Path Road, Harrisburg, PA 17110. Thepurpose or purposes of the business is to providereal estate services in accordance with the RealEstate Licensing Administration Act, 63 P.S.§455.101, et. seq. f3

NOTICE IS HEREBY GIVEN that anApplication for Registration of a fictitious name,Sunshine Therapy, for the conduct of businessin Dauphin County, Pennsylvania, with the prin-cipal place of business being 2200 BlueMountain Parkway, Harrisburg, PA 17112, wasmade to the Department of State of theCommonwealth of Pennsylvania at Harrisburg,Pennsylvania on the 25th day of January, 2006pursuant to the Act of Assembly of December 16,1982, Act 295.The name and address of the only person owningor interested in the said business is: Amy Hoezee,2200 Blue Mountain Parkway, Harrisburg, PA17112. f3

NOTICE IS HEREBY GIVEN that anApplication for Registration of a fictitious name,Elite Home Services, for the conduct of businessin Dauphin County, Pennsylvania, with the prin-cipal place of business being 8221 MountainRoad, Harrisburg, PA, was made to theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg, Pennsylvania on the6th day of January, 2006 pursuant to the Act ofAssembly of December 16, 1982, Act 295.The name and address of the only person owningor interested in the said business is: Jeffrey A.Neely, 8221 Mountain Road, Harrisburg, PA17112. f3

IN THE COURT OF COMMON PLEASOF PERRY COUNTY

PENNSYLVANIA

CIVIL ACTION – LAWACTION TO QUIET TITLE

No. 2001-9

BETTY DIEBLER, Plaintiffvs.LUCILLE SEIBERT, LEROY SEIBERT,CLARENCE SAMPSON, DAISY SAMPSON, PAULINE E. BROWN,DAISY MAE BROWN, Defendants

20-DAY DEFAULT NOTICE

TO: Pauline E. Brown andDaisy Mae Brown

DATE OF NOTICE FEBRUARY 3, 2006

NOTICE

NOTICE IS HEREBY GIVEN that you havebeen sued in court. If you wish to defend againstthe claims set forth in the following, you musttake action within twenty (20) days after thiscomplaint and notice have been served. Todefend against the aforementioned claims, a writ-ten appearance stating your defenses and objec-tions must be entered and filed in writing by you,the defendant, or by an attorney. You are warnedthat if you fail to take action against these claims,

FIRST PUBLICATION

Corporate Notices

FIRST PUBLICATION

Fictitious Notices FIRST PUBLICATION

Miscellaneous Notices

the court may proceed without you and a judg-ment for any money claimed in the complaint orfor another claim required by the Plaintiff may beentered against you by the court without furthernotice. You may lose money, property or otherrights important to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONSAT A REDUCED FEE OR NO FEE.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

NOTICIA

Le han demandado a usted en la corte. Si ustedquiere de enderse de estas demandas expuastas enlas paginas siguientes, usted tiene viente (20) diasde plazo al partir de la fecha de la demanda y lanotificacion. Usted debe presenter una aparienciaescrita o en persona o por abogado y archivar enla corte en forma escrita sus defensas o sus obje-ciones a las demandas en contra de su persona.Sea avisdao que si usted no se defiende, la cortetomara medidas y puede entrar una orde contrausted sin previo aviso o notificacion y porcualquier queja o alivio que es pedido en la peti-cion de demanda. Usted puede perder dinero osus propiedades o otros derechos importantespara usted.

USTED DEBE LLEVAR ESTE DOCUMEN-TO A SU ABOGADO INMEDIATEMENTE. SIUSTED NO TIENE UN ABOGADO, LLAME OVAYA A LA SIGUENTE OFICINA. ESTAOFICINA PUEDE PROVEERLE INFORMA-CION A CERCA DE COMO CONSEGUIR UNABOGADO.

SI USTED NO PUEDE PAGAR POR LOSSERVICIOS DE UN ABOGADO, ES POSIBLEQUE ESTA OFICINA LE PUEDA PROVEER

INFORMACION ION SOBRE AGENCIASQUE OFREZCAN SERVICIOS LEGALES SINCARGO O BAJO COSTO A PERSONAS QUECUALIFICAN.



(717) 232-7536

MICHAEL J. PYKOSH, Esq.2132 Market Street

Camp Hill, PA 17011f3 (717) 975-9446

IN THE COURT OF COMMON PLEASOF NORTHAMPTON COUNTY

PENNSYLVANIA

CIVIL DIVISION

No. CV-2004-04108

ASSUMPSIT

THE FURNITURE FACTORY, L.L.C.,450 South 16th Street, Easton, PA 18042, Plaintiffvs.SCHWALM & FASOLT, INC.,2103 N. 7th Street, Harrisburg, PA 17110, Defendants

TO: Schwalm & Fasolot, Inc.2103 N. 7th StreetHarrisburg, PA 17110

IMPORTANT NOTICE

YOU ARE IN DEFAULT BECAUSE YOUHAVE FAILED TO ENTER A WRITTENAPPEARANCE PERSONALLY OR BYATTORNEY AND FILE IN WRITING WITHTHE COURT YOUR DEFENSE OR OBJEC-TIONS TO THE CLAIMS SET FORTHAGAINST YOU. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THISNOTICE, A JUDGMENT MAY BE ENTEREDAGAINST YOU WITHOUT A HEARING ANDYOU MAY LOSE YOUR PROPERTY OROTHER IMPORTANT RIGHTS. YOUSHOULD TAKE THIS NOTICE TO ALAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER OR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE FOLLOWINGOFFICE TO FIND OUT WHERE YOU CANLEGAL HELP.

FIRST PUBLICATION


NORTH PENN LEGAL SERVICES65 E. Elizabeth Avenue

Suite 903Bethlehem, PA 18018

(610) 317-5312

LISA PREZELSKI, Esq.Mazullo & Murphy, P.C.

77 West Court StreetDoylestown, PA 18901

f3 (215) 348-8484

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

CIVIL ACTION – LAW

No. 2005 CV 4937

NOTICE OF ACTION INMORTGAGE FORECLOSURE

CENTEX HOME EQUITY COMPANY,LLC, Plaintiffvs.YVETTE N. HAYWOOD, Defendant

TO: Yvette N. Haywood

PRESENTLY OR FORMERLY of 2814 BanksStreet, Harrisburg, PA 17103. A lawsuit has beenfiled against you in mortgage foreclosure andagainst your real estate at 2814 Banks Street,Harrisburg, PA 17103 because you have failed tomake the regular monthly payments on yourmortgage loan and the loan is in default. The law-suit is an attempt to collect a debt from you owedto the plaintiff, Centex Home Equity Company,LLC. A detailed notice to you of your rightsunder the Fair Debt Collection Practices Act (15U.S.C. §1692, et seq.) is included in theComplaint filed in the lawsuit. The lawsuit isfiled in the Dauphin County Court of CommonPleas, at the above term and number.

A copy of the Complaint filed in the lawsuitwill be sent to you upon request to the Attorneyfor the Plaintiff, Scott A. Dietterick, Esquire, P.O.Box 650, Hershey, PA 17033. Phone (717) 533-3280.

IF YOU WISH TO DEFEND, YOU MUSTENTER A WRITTEN APPEARANCE PER-

SONALLY OR BY AN ATTORNEY AND FILEYOUR DEFENSES OR OBJECTIONS INWRITING WITH THE COURT. YOU AREWARNED THAT IF YOU FAIL TO DO SO THECASE MAY PROCEED WITHOUT YOU ANDA JUDGMENT MAY BE ENTERED AGAINSTYOU WITHOUT FURTHER NOTICE FORRELIEF REQUESTED BY THE PLAINTIFF.YOU MAY LOSE MONEY OR PROPERTY OROTHER RIGHTS IMPORTANT TO YOU.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE LAWYER OR CANNOT AFFORD ONEGO TO OR TELEPHONE THE OFFICE SETFORTH BELOW TO FIND OUR WHERE YOUCAN GET LEGAL HELP.



(717) 232-7536f3


PENNSYLVANIA


CIVIL DIVISION

No. 2005-CV-4412 MF


U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiffvs.TONY W. PENN a/k/a TONY WILLIAM PENN andLINA VENIECE PENN a/k/a LINA V. GOODMAN, Defendants

NOTICE

TO; Tony W. Penn a/k/a Tony William Pennand Lina Veniece Penn a/k/a Lina V. Goodman

YOU ARE HEREBY NOTIFIED that onOctober 18, 2005, Plaintiff, U.S. Bank NationalAssociation, as Trustee, filed a MortgageForeclosure Complaint endorsed with a Notice toDefend, against you in the Court of CommonPleas of Dauphin County Pennsylvania, docketedto No. 2005-CV-4412 MF. Wherein Plaintiff

FIRST PUBLICATION


seeks to foreclose on the mortgage secured onyour property located at 1816 Cortland Road,Harrisburg, PA 17110 whereupon your propertywould be sold by the Sheriff of Dauphin County.

YOU ARE HEREBY NOTIFIED to plead tothe above referenced Complaint on or beforetwenty (20) days from the date of this publicationor a Judgment will be entered against you.

NOTICE

IF YOU WISH TO DEFEND, you must entera written appearance personally or by attorneyand file your defenses or objections in writingwith the court. You are warned that if you fail todo so the case may proceed without you and ajudgment may be entered against you withoutfurther notice for the relief requested by theplaintiff. You may lose money or property orother rights important to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER.




(717) 232-7536f3


PENNSYLVANIA


No. 2004-CV-2981-MF


BANK OF NEW YORK AS TRUSTEE FORTHE CERTIFICATE HOLDERS OFCWALT 2004-J2, Plaintiffvs.KEITH A. HOLECKI, Defendant

NOTICE

TO: KEITH A. HOLECKI

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate located at106 BALM STREET, HARRISBURG, PA 17103is scheduled to be sold at Sheriff’s Sale onThursday, APRIL 13, 2006 at 10:00 A.M.,Dauphin County Administration Building, 4thFloor, Commissioners Hearing Room,Harrisburg, PA, to enforce the court judgment of$36,612.74, obtained by BANK OF NEW YORKAS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-J2 (the mort-gagee).

ALL THAT CERTAIN LOT OF GROUND,WITH IMPROVEMENTS THEREON ERECT-ED, SITUATE IN CITY OF HARRISBURG,PENNSYLVANIA, BOUNDED AND DES-CRIBED AS FOLLOWS:

BEGINNING ON THE BALM STREET ATLINE OF LOT NO. 45 ON PLAN NO. 4 OFLOTS LAID OUT BY DAVID MUMMA FORCHARLES H. LOOKER, 32 FEET NORTH OFWALNUT STREET AND EXTENDINGALONG BALM STREET NORTHWARDLY 16FEET TO LINE OF LOT NO. 46 1/2 ON SAIDPLAN, THENCE ALONG SAID LINE, WEST-WARDLY AT RIGHT ANGLES WITH BALMSTREET 75 FEET TO LINE OF OTHER PROP-ERTY OF CHARLES H. LOOKER; THENCEALONG SAME, SOUTHWARDLY 16 FEETTO LINE OF LOT NO. 45; THENCE ALONGSAID LINE, EASTWARDLY 75 FEET TOBALM STREET, THE PLACE OF BEGIN-NING.

BRING LOT NO. 46 ON SAID PLAN.

FIRST PUBLICATION


VESTING INFORMATION: Vested by:Warranty Deed dated 12-01-03, given byMatthew B. Farner and Chiristina M. Farner, hus-band and wife to Keith A. Holecki recorded 12-03-03 in Book: 5286, Page: 435.

BEING PREMISES 106 BALM STREET,HARRISBURG, PA 17103.

IMPROVEMENTS consist of residential property.

SOLD as the property of KEITH A. HOLECKI.

CONDITIONS OF SALE: THE HIGHESTAND BEST BIDDER SHALL BE THE BUYER.

TERMS: The purchaser will be required to paythe full amount of his bid by TWO O’CLOCKp.m. on the day of the sale, and if complied with,a deed will be tendered by the Sheriff at the nextCourt of Common Pleas for Dauphin County,conveying to the purchaser all the right, title,interest and claim which said defendant has inand to said property at the time of levying thesame. ALTHOUGH NOT PART OF THE MINI-MUM BID, PROPERTY SOLD FOR MINI-MUM BID DOES NOT DISCHARGE DELIN-QUENT AND/OR OUTSTANDING TAXESAND THE PURCHASER WILL BE RESPON-SIBLE FOR SAME. If above conditions be notcomplied with on the part of the Purchaser, theproperty will again be offered for sale by theSheriff at THREE O’CLOCK p.m. on the sameday. The said purchaser will be held liable for thedeficiencies and additional cost of said sale.

TAKE NOTICE that a Schedule ofDistribution will be filed by the Sheriff on MAY15, 2006, distribution will be made in accordancewith the schedule unless exceptions are filedwithin ten (10) days thereto.

DANIEL G. SCHMIEG, Esq.Suite 1400, One Penn Center

1617 John F. Kennedy BoulevardPhiladelphia, PA 19103-1814

f3 (215) 563-7000


PENNSYLVANIA


No. 4052 CV 2005


MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiffvs.TERRY RIDER, Defendant

NOTICE

TO: TERRY RIDER

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate located at316 SOUTH SECOND STREET, HARRIS-BURG, PA 17104 is scheduled to be sold atSheriff’s Sale on Thursday, 4/13/06 at 10:00A.M., Dauphin County Administration Building,4th Floor, Commissioners Hearing Room,Harrisburg. PA, to enforce the court judgment of$61,591.30, obtained by MORTGAGE ELEC-TRONIC REGISTRATION SYSTEMS, INC.(the mortgagee).

ALL THAT CERTAIN LOT OR TRACT OFGROUND, WITH THE MESSAGES AND TEN-EMENTS THEREON ERECTED, NOW SITU-ATE IN THE SECOND WARD OF THE CITYOF HARRISBURG AND COMMONWEALTHOF PENNSYLVANIA, MORE PARTICULAR-LY DESCRIBED AS FOLLOWS, TO WIT:

BEGINNING AT A POINT ON THE WESTSIDE Of SOUTH SECOND STREET, AT ACORNER OF PROPERTY NOW OR LATE OFMICHAEL BARBUSH AND FORMERLY OFCHARLES A. KUNKEL AND SAMUELKUNKEL; THENCE WESTWARDLY ALONGTHE LINE OF SAID BARBUSH PROPERTY,125.00 FEET TO A FOUR FEET WIDE PRI-VATE ALLEY; THENCE SOUTHWARDLYALONG THE LINE Of SAID ALLEY, 18.00FEET TO A CORNER OF PROPERTY NOWOR LATE OF EASTERN REAL ESTATE CO.AND FORMERLY OF GORDON CHAMBERS;THENCE EASTWARDLY ALONG THE LINEOF SAID LAST MENTIONED PROPERTY,125.00 FEET TO SOUTH SECOND STREET;THENCE NORTHWARDLY ALONG THELINE OF SAID STREET, 18.00 FEET TO THEPOINT AND PLACE OF BEGINNING.

FIRST PUBLICATION


HAVING THEREON ERECTED A TWO-STORY FRAME BUILDING KNOWN AS NO.316 SOUTH SECOND STREET.

TOGETHER WITH THE RIGHT OFEGRESS, INGRESS, AND REGRESS OVERAND UPON THE 4.00 FEET WIDE PRIVATEALLEY IN THE REAR OF THE SAIDDESCRIBED PREMISES, AND ALSO OVERAND UPON THE 6.00 FEET WIDE PRIVATEALLEY LEADING THEREFROM TO SOUTHRIVER STREET, THE SAID TWO PRIVATEALLEYS BEING FOR COMMON USE OFTHE OWNERS AND OCCUPIERS OF THEPROPERTIES KNOWN AS NO. 310, 312, 314AND 316 SOUTH SECOND STREET ANDALSO OF THE PROPERTIES KNOWN AS No.313, 315, 317, 319 AND 321 SOUTH RIVERSTREET.

VESTING INFORMATION: Vested by:Special Warranty Deed dated 12/9/04, given byEugene M. Hays and Ronald J. Shapiro, LLC toTerry Rider, an adult individual recorded12/13/04 in Book 5801, Page 463.

IMPROVEMENTS consist of residential property.

SOLD as the property of TERRY RIDER.CONDITIONS OF SALE: THE HIGHEST

AND BEST BIDDER SHALL BE THE BUYER.TERMS: The purchaser will be required to pay

the full amount of his bid by TWO O’CLOCKp.m. on the day of the sale, and if complied with,a deed will be tendered by the Sheriff at the nextCourt of Common Pleas for Dauphin County,conveying to the purchaser all the right, title,interest and claim which said defendant has inand to said property at the time of levying thesame. ALTHOUGH NOT PART OF THE MINI-MUM BID, PROPERTY SOLD FOR MINI-MUM BID DOES NOT DISCHARGE DELIN-QUENT AND/OR OUTSTANDING TAXESAND THE PURCHASER WILL BE RESPON-SIBLE FOR SAME. If above conditions be notcomplied with on the part of the Purchaser, theproperty will again be offered for sale by theSheriff at THREE O’CLOCK p.m. on the sameday. The said purchaser will be held liable for thedeficiencies and additional cost of said sale.

TAKE NOTICE that a Schedule ofDistribution will be filed by the Sheriff withinthirty (30) days of the sale, distribution will be

made in accordance with the schedule unlessexceptions are filed within ten (10) days.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH THEINFORMATION ABOUT HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONSAT REDUCED FEE OR NO FEE.



(717) 232-7536

DANIEL G. SCHMIEG, Esq.Suite 1400, One Penn Center

1617 John F. Kennedy BoulevardPhiladelphia, PA 19103-1814

f3 (215) 563-7000


PENNSYLVANIA

CIVIL ACTION – LAWIN EJECTMENT

No. 3336 S 2001

ALBERT LEE JAMES and MAE E. JAMES, his wife, Plaintiffsvs.CHARLES E. DONNELLY andFRANCES S. JOHNSON, and RANDY L. STONEROAD and TERESA L. STONEROAD, his wife,Defendants

NOTICE

YOU ARE BEING NOTIFIED OF THEEXISTENCE OF A LAWSUIT IN COURT. Ifyou wish to appear and participate against theclaims set forth in this above-captioned matter,you must take action within thirty (30) days afterthis Notice and Court Order are served, by enter-ing a written appearance personally or by attor-ney and filing in writing with the Court yourclaims, defenses or objections to the claims set

FIRST PUBLICATION


forth in this action. You are warned that if you failto do so the case may proceed without you and ajudgment may be entered by the Court withoutfurther notice for any relief sought in theComplaint filed in this action. You may loseproperty or other rights important to you.

YOU SHOULD TAKE THIS NOTICE to yourlawyer at once. If you do not have a lawyer go toor telephone the office set forth below. This officecan provide you with the information about hir-ing a lawyer. If you cannot afford to hire alawyer, this office may be able to provide youwith information about agencies that may offerlegal services to eligible persons at a reduced feeor no fee.



(717) 232-7536

NOTICE AND ORDER

THIS NOTICE OF PROCEEDINGS ANDORDER is being sent to all persons, who accord-ing to Dauphin County Assessment OfficeRecords, have been found to own real estate inMiddle Paxton Township, which real estate isidentified on Middle Paxton Township Tax MapNos. 1, 5, and 6. More specifically this Notice isdirected to certain owners of real estate located inthat portion of Middle Paxton Township, south ofReed Township and north of Mountain Road(also known as Route 325).

Many of the properties which abut the northside of Mountain Road were conveyed by deedswhich make reference to a Plan of Lots laid outby W. H. Nelson Realty Co., dated September 6,1939, and now recorded in Dauphin CountyRecord Book 4038, Page 572. The deeds of cer-tain properties located north of the Nelson Planmay make reference to the Nelson Plan Of Lots.

There is presently pending in the DauphinCounty Court of Common Pleas a Civil Action inEjectment (identified in the caption of this Noticeand Order). This civil action involves a disputebetween abutting property owners with regard tothe precise location of the northern boundary ofthe Nelson Plan of Lots owned by the namedDefendants and the boundary lines of those prop-erties bordering the Nelson Plan on the north sideof that Plan owned by Plaintiffs.

The recipients of this Notice and Order arehereby notified of the existence of the boundarydispute identified above, which presentlyinvolves only three property owners. Althoughthe immediate scope of the pending litigation islimited to those three property owners, the ulti-mate decision made in this pending litigationMAY have some impact upon the location of theboundary lines of some of the owners who arereceiving this Notice and Order. The impact maybe that a “cloud upon your title” to your propertymay be found to exist.

ORDER

WHEREFORE, IT IS HEREBY ORDEREDthat:

1. Plaintiffs shall make service of this Noticeand Order by certified mail upon those land own-ers who own tracts of land abutting the northernline of the Plan of Lots of the W. H. NelsonRealty Company as recorded in Dauphin CountyRecord Book 4038, Page 572;

2. Plaintiffs shall further publish a copy of thisNotice and Order one time in the DauphinCounty Reporter, The Paxton Herald and theUpper Dauphin Sentinel;

3. Those property owners who receive a copyof this Notice and Order are hereby offered theopportunity to intervene in the pending litigation.If the recipients of a copy of this Notice andOrder desire to intervene in the pending litiga-tion, that recipient should take this Notice andOrder to an attorney and seek his or her advice asto the necessity or desirability of the interventionby the recipient as a party to the pending litiga-tion. The filing of a Petition to Intervene is gov-erned by Pennsylvania Rules of Civil ProcedureNos. 2326 through 2350.

IT IS FURTHER ORDERED that any Petitionto Intervene must be filed no later than the latterof, thirty (30) days from the date that this noticeis served upon the Recipient by Certified Mail, orof the completion of the publication of thisNotice as herein set forth.

ISSUED AT HARRISBURG this 28th day ofDecember, 2005.

/s/ Lawrence F. Clark, Jr., JudgeDated: December 28, 2005

ROBERT G. RADEBACH, Esq.Attorney for Plaintiffs912 North River Road

Halifax, PA 17032

CARL G. WASS, Esq.Attorney for Defendants3631 North Front Street

f3 Harrisburg. PA 17110-1533

FIRST PUBLICATION



PENNSYLVANIA

No. 2005-CV-2418-MF

CENTEX HOME EQUITY COMPANY,LLC., Plaintiffvs.UNKNOWN HEIRS, SUCCESSORS,ASSIGNS and ALL PERSONS, FIRMS, ORASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDERHAROLD E. DAVIS, Deceased, Defendants

NOTICE IS HEREBY GIVEN that your house(real estate) at 124 Vine Street, Williamstown, PA17098 is scheduled to be sold at Sheriff’s Sale onApril 13, 2006 at 10:00 pm in the AdministrativeBuilding, 4th Floor, Commissioner’s HearingRoom, Second and Market Streets, Harrisburg,PA 17101 to enforce the Court Judgment of$69,015.87 obtained by Centex Home EquityCompany, LLC.

A.T.C. lot or piece of ground situate in theBorough of Williamstown, Dauphin County, PA.

Front: 26 ft. 5 in. Depth: 150 ft.YOU SHOULD TAKE THIS NOTICE TO

YOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER.




(717) 232-7536

PINA S. WERTZBERGER, Esq.Milstead & Associates, LLC

Woodland Falls Corporate Park220 Lake Drive East, Suite 301

Cherry Hill, NJ 08002f3 (856) 482-1400


PENNSYLVANIA

No. 1742-CV-2005

CENTEX HOME EQUITY COMPANY,LLC., Plaintiffvs.NIKOLE STEWART and ROBERT STEWART, Defendants

NOTICE IS HEREBY GIVEN that your house(real estate) at 1413 South 14th Street,Harrisburg, PA 17104 is scheduled to be sold atSheriff’s Sale on April 13, 2006 at 10:00 pm inthe Administrative Building, 4th Floor,Commissioner’s Hearing Room, Second andMarket Streets, Harrisburg, PA 17101 to enforcethe Court Judgment of $50,734.47 obtained byCentex Home Equity Company, LLC.

A.T.C. lot or piece of ground situate in the Cityof Harrisburg, Dauphin County, PA.

Front: 16 ft. Depth: 84 ft.YOU SHOULD TAKE THIS NOTICE TO

YOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER.




(717) 232-7536

PINA S. WERTZBERGER, Esq.Milstead & Associates, LLC

Woodland Falls Corporate Park220 Lake Drive East, Suite 301

Cherry Hill, NJ 08002f3 (856) 482-1400

FIRST PUBLICATION



PENNSYLVANIA


No. 4334-CV-2005-MF


MANUFACTURERS & TRADERS TRUST, Plaintiffvs.SEBRENNA R. SMITH, Defendant

TO: SEBRENNA R. SMITH, Defendant,whose last known address is 231 Jefferson StreetSteelton, PA 17113

COMPLAINT INMORTGAGE FORECLOSURE

YOU ARE HEREBY NOTIFIED thatPlaintiff, MANUFACTURERS & TRADERSTRUST, has filed a Mortgage ForeclosureComplaint endorsed with a Notice to Defend,against you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed to No.4334-CV-2005, wherein Plaintiff seeks to fore-close on the mortgage secured on your propertylocated, 231 Jefferson Street, Steelton, PA 17113,whereupon your property would be sold by theSheriff of Dauphin County.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thenotice above, you must take action within twenty(20) days after this Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with theCourt your defenses or objections to the claimsset forth against you. You are warned that if youfail to do so the case may proceed without youand a judgment may be entered against you bythe Court without further notice for any moneyclaimed in the Complaint or for any other claimor relief requested by the Plaintiff. You may losemoney or property or other rights important toyou.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH THEINFORMATION ABOUT HIRING A LAWYER.IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONSAT A REDUCED FEE OR NO FEE.



(717) 232-7536

MARK J. UDREN, Esq.Udren Law Offices, P.C.

Woodcrest Corporate Center111 Woodcrest Road

Suite 200Cherry Hill, NJ 08003-3620

f3 856-482-6900


PENNSYLVANIA


No. 2005 CV 5196 MF


DEUTSCHE BANK NATIONAL TRUSTCO., AS TRUSTEE FOR LONG BEACHMORTGAGE LOAN TRUST 2003-1,Plaintiffvs.RAE CHASE, MORTGAGOR andREAL OWNER, Defendant

TO: RAE CHASE, MORTGAGOR andREAL OWNER, Defendant who’s last known address is 1429 S. 13th StreetHarrisburg, PA 17104

THIS FIRM IS A DEBT COLLECTOR ANDWE ARE ATTEMPTING TO COLLECT A

DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM

YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.

FIRST PUBLICATION


YOU ARE HEREBY NOTIFIED that PlaintiffDEUTSCHE BANK NATIONAL TRUST CO.,AS TRUSTEE FOR LONG BEACH MORT-GAGE LOAN TRUST 2003-1, has filed aMortgage Foreclosure Complaint endorsed witha notice to defend against you in the Court ofCommon Pleas of Dauphin County, Penn-sylvania, docketed to No. 2005 CV 5196 MFwherein Plaintiff seeks to foreclose on the mort-gage secured on your property located, 1429 S.13th Street, Harrisburg, PA 17104 whereuponyour property will be sold by the Sheriff ofDauphin County.

NOTICE

NOTICE IS HEREBY GIVEN that you havebeen sued in court. If you wish to defend againstthe claims set forth in the following, you musttake action within twenty (20) days after theComplaint and Notice are served, by entering awritten appearance personally or by attorney andfiling in writing with the court your defenses orobjections to the claims set forth against you. Youare warned that if you fail to do so the case mayproceed without you and a judgment may beentered against you by the Court without furthernotice for any money claim in the Complaint orfor any other claim or relief requested by thePlaintiff. You may lose money or property orother rights important to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW. THIS OFFICE CANPROVIDE YOU WITH INFORMATIONABOUT HIRING A LAWYER.




(717) 232-7536

CENTRAL PENNSYLVANIALEGAL SERVICES

213A North Front StreetHarrisburg, PA 17101

(717) 232-0581

JOSEPH A. GOLDBECK, JR., Esq.Goldbeck McCafferty & McKeever, PC

Suite 5000, Mellon Independence Center701 Market Street

f3 Philadelphia, PA 19106-1532


PENNSYLVANIA


No. 2005-CV-5166-MF


CITIFINANCIAL SERVICES INC., Plaintiffvs.SHARON A. STEINER and WAYNE J. STEINER, Mortgagor and RealOwner, Defendants

TO: SHARON A. STEINER and WAYNE J. STEINER, Mortgagor andReal Owner, Defendants whose last known address is 1731 Route 209 Millersburg, PA 17061




YOU ARE HEREBY NOTIFIED that PlaintiffCITIFINANCIAL SERVICES INC., has filed aMortgage Foreclosure Complaint endorsed witha notice to defend against you in the Court ofCommon Pleas of Dauphin County, Penn-sylvania, docketed to No. 2005-CV-5166-MFwherein Plaintiff seeks to foreclose on the mort-gage secured on your property located, 1731Route 209, Millersburg, PA 17061 whereuponyour property will be sold by the Sheriff ofDauphin County.

FIRST PUBLICATION


NOTICE

NOTICE IS HEREBY GIVEN that you havebeen sued in court. If you wish to defend againstthe claims act forth in the following, you musttake action within twenty (20) days after theComplaint and Notice are served, by entering awritten appearance personally or by attorney andfiling in writing with the court your defenses orobjections to the claims set forth against you. Youare warned that if you fail to do so the case mayproceed without you and a judgment may beentered against you by the Court without furthernotice for any money claim in the Complaint orfor any other claim or relief requested by thePlaintiff. You may lose money or property orother rights important to you.





(717) 232-7536



(717) 232-0581





PENNSYLVANIA


No. 2005-CV 5112 MF


DEUTSCHE BANK NATIONAL TRUSTCOMPANY, AS TRUSTEE OFAMERIQUEST MORTGAGE SECURITIESINC., ASSET BACKED PASS-THROUGHCERTIFICATES, SERIES 2003-8 UNDERTHE POOLING and SERVICING AGREE-MENT DATED AS OF AUG 1, 2003, WITH-OUT RECOURSE, Plaintiffvs.EDWARD A. HAGGINS, Mortgagor andReal Owner, DefendantTO: EDWARD A. HAGGINS,

MORTGAGOR and REAL OWNER, Defendant who’s last known address is 2119 Green Street Harrisburg, PA 17105




YOU ARE HEREBY NOTIFIED, thatPlaintiff DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OFAMERIQUEST MORTGAGE SECURITIESINC., ASSET BACKED PASS-THROUGHCERTIFICATES, SERIES 2003-8 UNDER THEPOOLING and SERVICING AGREEMENTDATED AS OF AUG 1, 2003, WITHOUTRECOURSE, has filed a Mortgage ForeclosureComplaint endorsed with a notice to defendagainst you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed to No.2005-CV 5112 MF wherein Plaintiff seeks toforeclose on the mortgage secured on your prop-erty located, 2119 Green Street, Harrisburg, PA17105 whereupon your property will be sold bythe Sheriff of Dauphin County.

NOTICE

NOTICE IS HEREBY GIVEN that you havebeen sued in court. If you wish to defend againstthe claims set forth in the following, you musttake action within twenty (20) days after the

FIRST PUBLICATION


Complaint and Notice are served, by entering awritten appearance personally or by attorney andfiling in writing with the court your defenses orobjections to the claims set forth against you. Youare warned that if you fail to do so the case mayproceed without you and a judgment may beentered against you by the Court without furthernotice for any money claim in the Complaint orfor any other claim or relief requested by thePlaintiff. You may lose money or property orother rights important to you.





(717) 232-7536



(717) 232-0581





PENNSYLVANIA


No. 2005-CV-2995-MF


JPMORGAN CHASE BANK as Trustee1270 Northland Drive, Suite 200Mendota Heights, MN 55120, Plaintiffvs.DOROTHY L. BUIE and DANIEL R. BUIE, SR., a/k/a DANIEL R. BUIE85A North 18th StreetHarrisburg, PA 17103, Defendant(s)

NOTICE OF SALE OF REAL PROPERTY

To: Dorothy L. Buie85A North 18th Street Harrisburg, PA 17103

and

76 North 18th StreetHarrisburg, PA 17103

NOTICE IS HEREBY GIVEN that your house(real estate) at 76 North 18th Street, Harrisburg,PA 17103 was scheduled to be sold at theSheriff’s Sale on January 5, 2006 at 10:00 AM inthe Dauphin County Administration Building, 4thFloor, Second and Market Streets; Com-missioners Hearing Room, Harrisburg, PA 17101,to enforce the court judgment of $52,382.94,obtained by Plaintiff above (the mortgagee)against you. If the sale is postponed, the propertywill be relisted for the Next Available Sale.

SALE POSTPONED FROMJANUARY 5, 2006 TO APRIL 13, 2006.

ALL THAT CERTAIN lot or piece of land sit-uate in the 9th Ward of the City of Harrisburg,Dauphin County, Pennsylvania, bounded anddescribed in accordance with a survey and planthereof made by Roy M. Benjamin, ProfessionalEngineer, dated November 8, 1972, as follows:

BEGINNING at a point on the West side ofNorth 18th Street, said point being 34.5 feetNorth of the Northwest corner of North 18th andCarnation Streets; thence along premises knownas No. 74 North 18th Street, South 70 degreesWest 85 feet to a point on the Eastern line of afour feet wide private alley; thence along the

FIRST PUBLICATION


same North 20 degrees West 18.5 feet to a cornerof premises known as No. 78 North 18th Street;thence along said premises and passing throughthe center of a partition wall, North 70 degreesEast 85 feet to a point on the West side of North18th Street aforesaid; thence along the sameSouth 20 degrees East 18.5 feet to a point, thePlace of BEGINNING.

HAVING thereon erected a dwelling houseknown as number 76 North 18th Street.

BEING KNOWN AS: 76 NORTH 18thSTREET, HARRISBURG, PA 17103.

PROPERTY ID No. 09-025-012.TITLE TO SAID PREMISES IS VESTED IN

DOROTHY L. BUIE AND DANIEL R. BUIEBY DEED FROM DOROTHY L. JENKINSa/k/a DOROTHY L. BUIE DATED 09/12/90RECORDED 09/12/90 IN DEED BOOK 1475PAGE 93.

HAVING THEREON ERECTED ADWELLING HOUSE.

MARK J. UDREN, Esq.Udren Law Offices, P.C.

Woodcrest Corporate Center111 Woodcrest Road

Suite 200Cherry Hill, NJ 08003-3620

f3 856-699-5400

NOTICE OF SERVICE OFPROCESS BY PUBLICATION

STATE OFNORTH CAROLINA, HOKE COUNTY

In the District Court

Divorce from Bed and Board; Child Custody and Support;

Post Separation Support, Alimony

TO: DERICK LEWIS SR.

TAKE NOTICE that a pleading seeking reliefagainst you has been filed in the above-entitledaction. The nature of relief being sought is as fol-lows:

Divorce from Bed and Board, Child Custodyand Support, Post Separation Support, Alimony.

You are required to make defense to suchpleading not later than (March 15, 2006) andupon your failure to do so the party seeking serv-ice against you will apply to the court for therelief sought.

This, the 12th day of January, 2006.

/s/ Tarsha McRae Lewis, PlaintiffP.O. Box 653

j20-f3 Wagram, NC 28396

FIRST PUBLICATION


THIRD PUBLICATION


Alcohol or Other Drugs a Problem?Help is Only a Phone Call Away

LAWYERS CONFIDENTIALHELP-LINE 1-888-999-1941

24 Hours Confidential

A Service Provided by

Lawyers Concerned for Lawyers of Pennsylvania, Inc.

REAL ESTATE APPRAISALRepresentation, Consultation and Expert Testimony

MARK W. HECKMANCertified General Appraiser

Mark Heckman Real Estate Appraisers Valuation Specialists of1309 Bridge Street, Commercial, Residential, Industrial,

New Cumberland, PA 17070 Investment and Development Land [email protected] Real Estate since 1986

We offer:High Quality Service and Thorough Preparation

Experience in Litigation and Legal MattersA History of, and Reputation for Successful Results

(717) 774-7202

Graphic Design • Electronic Pre-Press • Invitations

Announcements • Legal Briefs • Legal Backers

Newsletters • Business Cards • Business Forms

Envelopes • Multi Color Printing • Flyers

Questionnaires • Posters

Tickets • Photo Copies

Labels • Brochures

Bindery

Quality Printing Since 1893

TOLL FREE 1-888-883-2598

PHONE 232-0541 • FAX 232-7458

EMAIL: [email protected]

ALLIED PRINTING

HARRISBURG, PA

TRADES COUNCILUNION LABELR 1

KURZENKNABE PRESS

KURZENKNABE PRESS

Printing The Dauphin County Reporter everyweek for nearly 100 years

1424 HERR STREET

HARRISBURG, PA 17103

Vol. 122 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

American Postal Worker’s Union, AFL/CIO, Keystone Area Local, Lemnah v. . . . . . . . . . . . . . . . . . . . . . . 183

Appeal of Allegheny Airlines, Inc. . . . . . . . . . . . . . . . . . . . . . . . . 51

Bell v. Stepping Stone, Inc., et al. . . . . . . . . . . . . . . . . . . . . . . . . . 107Bi-Nasr, Ramadan v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116Borough of Gratz, et al., Morgan v. . . . . . . . . . . . . . . . . . . . . . . . . 443Boulware v. Yingst . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166Buck, et al., Jackson v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Capital Area Intermediate Unit, et al., DeRita v. . . . . . . . . . . . . . . 4Capital City Cab Service, Inc. v. Susquehanna Area

Regional Airport Authority . . . . . . . . . . . . . . . . . . . . . . . . . . 193Capozzi & Associates, P.C. v. County of Dauphin, et al. . . . . . . . . 387Carrier v. Ingram, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Commonwealth v. Druce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153Commonwealth v. Elliott . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170Commonwealth v. Evans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391Commonwealth v. Fox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 223Commonwealth v. Gladden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68Commonwealth v. Johnson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 212Commonwealth v. Mitchell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353Commonwealth, Nethken v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287Commonwealth v. Saterstad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344Commonwealth v. Steele . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Commonwealth v. Varellas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75Commonwealth v. White . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Commonwealth v. Williams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92County of Dauphin, et al., Capozzi & Associates, P.C. v. . . . . . . . 387Cremation Society of Pennsylvania, Inc., et al.,

Pennsylvania Funeral Directors Association v. . . . . . . . . . . . 433Cromwell, Rummel v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Dauphin County Board of Assessment Appeals,Pennsylvania National Turf Club, Inc. v. . . . . . . . . . . . . . . . . 56

Dauphin County General Authority,Program Administration Services, Inc. v. . . . . . . . . . . . . . . . . 26

Dauphin Deposit Bank & Trust Co., et al. v. Good, Good v. . . . . . 36Davis, et al., Tyco Electronics Corp. v. . . . . . . . . . . . . . . . . . . . . . 244DeArmitt, et al., Hansel v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 219DeRita v. Capital Area Intermediate Unit, et al. . . . . . . . . . . . . . . . 4Druce, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153Durbin v. Durbin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259Durbin, Durbin v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

Elliott, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170Ether v. Ether . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 234Ether, Ether v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 234Evans, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391

Finney v. Nastacio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141First Mutual Corporation v. Kreiger, et al. . . . . . . . . . . . . . . . . . . . 236

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 232Fox, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 223

Gladden, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68Good, Good v. Dauphin Deposit Bank & Trust Co., et al. v. . . . . 36Good v. Dauphin Deposit Bank & Trust Co., et al. v. Good . . . . . 36

Hansel v. DeArmitt, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 219

Harrisburg Area School District, Wells v. . . . . . . . . . . . . . . . . . . . 291Harrisburg Development, L.P., et al. v.

Lower Paxton Township, et al. . . . . . . . . . . . . . . . . . . . . . . . . 311Heck, Loney-Heck v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276Howells v. Howells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128Howells, Howells v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

II DAUPHIN COUNTY REPORTS Vol. 122

Cumulative Table of Cases

I. A. Construction Corp., et al., PennDOT v. . . . . . . . . . . . . . . . . . 430Ingram, et al., Carrier v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1In re: Tax Sale of 2002 Under the

Real Estate Tax Sale Law of 1947 . . . . . . . . . . . . . . . . . . . . . 134

Jackson v. Buck, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453Jackson v. Tate; King v. Tate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86Johnson, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216


King v. Tate; Jackson v. Tate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86Kreiger, et al., First Mutual Corporation v. . . . . . . . . . . . . . . . . . . 236


Lemnah v. American Postal Worker’s Union, AFL/CIO, Keystone Area Local . . . . . . . . . . . . . . . . . . . . . . . 183

Lenzi, et al., Pennock v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122Loney-Heck v. Heck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276Lower Paxton Township, et al.,

Harrisburg Development, L.P., et al. v. . . . . . . . . . . . . . . . . . . 311

Manning v. Manning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327Manning, Manning v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327McNaughton v. McNaughton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367McNaughton, McNaughton v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367Meredith, Perrotti v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159Miller v. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 203Miller v. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 231Miller, Miller v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 203Miller, Miller v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

previous opinion page number . . . . . . . . . . . . . . . . . . . . . . . . 231Miller v. Twin Arches, Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378Miller v. York Newspapers, Inc., et al. . . . . . . . . . . . . . . . . . . . . . . 248

Vol. 122 DAUPHIN COUNTY REPORTS III


Milton Hershey Medical Center, et al., Yang, et al. v. . . . . . . . . . 282Mitchell, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353Morgan v. Borough of Gratz, et al. . . . . . . . . . . . . . . . . . . . . . . . . . 443

Nastacio, Finney v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141Nationwide Insurance Company, Renyo v. . . . . . . . . . . . . . . . . . . 19Nethken v. Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

Packer v. Pinnacle Health System . . . . . . . . . . . . . . . . . . . . . . . . . . 332Pagan, et al., UBA Fire, Inc. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . 423PennDOT v. I. A. Construction Corp., et al. . . . . . . . . . . . . . . . . . 430PennDOT, et al., Whitsel v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418Pennock v. Lenzi, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122Pennsylvania Funeral Directors Association v.

Cremation Society of Pennsylvania, Inc., et al. . . . . . . . . . . . . 433Pennsylvania National Turf Club, Inc. v. Dauphin County

Board of Assessment Appeals . . . . . . . . . . . . . . . . . . . . . . . . . 56Perrotti v. Meredith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159Peterson v. State Farm Fire & Casualty Company, et al. . . . . . . . . 449Pierce v. Pierce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361Pierce, Pierce v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361Pinnacle Health System, Packer v. . . . . . . . . . . . . . . . . . . . . . . . . . 332Pitts v. Tate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437Program Administration Services, Inc. v.

Dauphin County General Authority . . . . . . . . . . . . . . . . . . . . . 26

Ramadan v. Bi-Nasr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116Reimert v. Trostle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445Renyo v. Nationwide Insurance Company . . . . . . . . . . . . . . . . . . . 19Rhoads v. Rhoads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401Rhoads, Rhoads v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401Rizzutto, Saville v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104Rummel v. Cromwell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

Saterstad, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344Saville v. Rizzutto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104Shaffer, Wetzel v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411

IV DAUPHIN COUNTY REPORTS Vol. 122


State Farm Fire & Casualty Company, et al., Peterson v. . . . . . . . 449Steele, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Stepping Stone, Inc., et al., Bell v. . . . . . . . . . . . . . . . . . . . . . . . . 107Susquehanna Area Regional Airport Authority,

Capital City Cab Service, Inc. v. . . . . . . . . . . . . . . . . . . . . . . 193

Tate, Pitts v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437Tate, Jackson; King v. Tate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86Trostle, Reimert v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445Twin Arches, Ltd., Miller v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378Tyco Electronics Corp. v. Davis, et al. . . . . . . . . . . . . . . . . . . . . . . 244

UBA Fire, Inc. v. Pagan, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423

Varellas, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Wells v. Harrisburg Area School District . . . . . . . . . . . . . . . . . . . . 291Wetzel v. Shaffer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411White, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Whitsel v. PennDOT, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418Williams, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

Yang, et al. v. Milton Hershey Medical Center, et al. . . . . . . . . . . 282Yingst, Boulware v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166York Newspapers, Inc., et al., Miller v. . . . . . . . . . . . . . . . . . . . . . 248

Vol. 122 DAUPHIN COUNTY REPORTS V


CONSIDERAN ALTERNATE ROUTE:

Dauphin County Bar AssociationCivil Dispute Resolution Program

T R I A L A H E A D ?

Call (717) 232-7536 for details

BAR ASSOCIATION PAGEDauphin County Bar Association

213 North Front Street • Harrisburg, PA 17101-1493Phone: 232-7536 • Fax: 234-4582

Board of Directors

Thomas P. Gacki Thomas E. BrennerPresident President-Elect

Craig A. Longyear John D. SheridanVice President Treasurer

Renee Mattei Myers Joseph A. Curcillo, IIISecretary Past President

Adam M. Shienvold Robert M. WalkerYoung Lawyers’ Chair Young Lawyers’ Vice Chair

William L. Adler S. Barton GephartRandi Blackman-Teplitz James L. Goldsmith

Cara A. Boyanowski Jonathan W. KunkelJames F. Carl Royce L. Morris

Vincent L. Champion Mark J. PowellRobert E. Chernicoff J. Michael Sheldon

Steven R. Dade David F. TamaniniHelen L. Gemmill

Directors

The Board of Directors of the Bar Association meets on the third Thursday ofthe month at the Bar Association headquarters. Anyone wishing to attend or havematters brought before the Board should contact the Bar Association office inadvance.

REPORTING OF ERRORS IN ADVANCE SHEETThe Bench and Bar will contribute to the accuracy in matters of detail of the

permanent edition of the Dauphin County Reporter by sending to the editorpromptly, notice of all errors appearing in this advance sheet. Inasmuch as cor-rections are made on a continuous basis, there can be no assurance that correc-tions can be made later than thirty (30) days from the date of this issue but thisshould not discourage the submission of notice of errors after thirty (30) dayssince they will be handled in some way if at all possible. Please send such noticeof errors to: Dauphin County Reporter, Dauphin County Bar Association, 213North Front Street, Harrisburg, PA 17101-1493.

DAUPHIN COUNTY COURT SECTIONMotion Judge of the Month

FEBRUARY 2006 Judge Jeannine TURGEONMARCH 2006 Judge Lawrence F. CLARK, JR.

Opinions Not Yet ReportedDecember 12, 2005 – Evans, J., Atwood v. Power Systems Electric, Inc., et al.

(No. 584 S 1995) December 21, 2005 – Hoover, J., Thompson v. Hoover. (No. 2004 CV 4632 CU)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

Opinions Not Yet Reported

January 9, 2006 – Cherry, J., Williams v. Kerr (No. 3799 CV 2005)January 18, 2006 – Kleinfelter, J., Reisinger v. Reisinger (No. 2006 CV 0040 CU)January 19, 2006 – Clark, J., Commonwealth v. Taylor (No. 2430 CR 2003)January 30, 2006 – Kleinfelter, J., Columbia Casualty Company v. Coregis Insurance

Company, City of Harrisburg (No. 1344 CV 2002)

_______o_______

EXTENDED TEMPORARY SECRETARIAL POSITION IN SMALLLAW OFFICE — Experience helpful but not necessary. Paid training in April,2006. Assignment begins in May, 2006. Please respond to the Dauphin CountyReporter, Attn: I, 213 North Front Street, Harrisburg, PA 17101. j20-f3

ATTORNEY — Keefer Wood Allen & Rahal, LLP seeks associate attorneyfor its business and commercial law practice, to work predominately from its WestShore Office in Camp Hill. Qualified candidates should have two to four years ofexperience. Excellent academic and employment credentials required. We offer acompetitive salary, excellent benefits and a team approach to practicing law. Pleaseforward cover letter, resume and transcripts (both law school and undergraduate) to:Elyse E. Rogers, Esquire, Keefer Wood Allen & Rahal, LLP, 415 Fallowfield Road,Suite 301, Camp Hill, PA 17011-4906; e-mail: [email protected]; fax: 717-612-5805. j27-f10

ALLENTOWN/LEHIGH VALLEY, PA — Corporate/Healthcare Associate:Fitzpatrick Lentz & Bubba, P.C. is seeking a corporate and transactional associatewith two to five years of experience practicing health care law. Candidate must haveexperience representing health care clients and will preferably have an understandingof federal and state fraud and abuse and self referral laws, licensing matters and otherspecialized health care laws and regulations. Outstanding academic credentials arerequired. Please send resume and salary requirements to: Firm Manager, FitzpatrickLentz & Bubba, P.C., 4001 Schoolhouse Lane, Stabler Corporate Center, CenterValley, PA 18034; [email protected]. f3-f17

PARALEGAL — expanding Camp Hill law firm seeking experiencedparalegal. Family law experience a must. Excellent compensation and benefitspackage including medical and retirement. Send resume and salary requirements toMaria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA17011 or fax to (717) 909-4068. f3-f17

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

PENNSYLVANIA TRIAL LAWYERS ASSOCIATION LIVE SEMINAR

The New PA Suggested Standard Civil Jury Instructions

3 Substantive CLE Credits. February 22, 2006, 9:00 am - 12:30 pm

Faculty: Clifford A. Rieders, Esq., Terry S. Hyman, Esq.,Honorable Jeannine Turgeon

Location: Radisson Penn Harris, 1150 Camp Hill Bypass

Call to register or for more information, 215-546-6451 f3

REAL ESTATE ATTORNEY — Prominent Central Pennsylvania law firmseeks an attorney for its growing real estate practice. Must have a minimum of twoyears experience in zoning, land development, and other land use matters. Excellentacademic and employment credentials required. We offer a competitive salary, abroad range of benefits, and a team approach to practicing law. Please forward coverletter, resume, and transcripts (both law school and undergraduate) to:

Kathi J. Lipinsky, Hiring CoordinatorMcNees Wallace & Nurick LLC

P.O. Box 1166Harrisburg, PA 17108-1166

E-mail: [email protected]: (717) 237-5300

www.mwn.com j27-f3

–––––––––––––––––––

ATTORNEY — expanding Camp Hill firm seeks experienced family lawAssociate. Salary commensurate with experience and ability. Excellent compensationand benefits package including medical and retirement. Send resume and salaryrequirements to Cognetti & Associates, 210 Grandview Avenue, Suite 102, CampHill, PA 17011 or fax (717) 909-4068. f3-f17

INCORPORATION ANDLIMITED LIABILITY COMPANY

FORMATIONCONVENIENT, COURTEOUS SAME DAY SERVICE

PREPARATION AND FILING SERVICES IN ALL STATES

CORPORATION OUTFITS ANDLIMITED LIABILITY COMPANY OUTFITS

SAME DAY SHIPMENT OF YOUR ORDER

CORPORATION, LIMITED LIABILITY COMPANYAND UCC FORMS

CORPORATE AND UCC, LIEN ANDJUDGMENT SERVICES

M. BURRKEIM COMPANYSERVING THE LEGAL PROFESSIONAL SINCE 1931

PHONE: (800) 533-8113 FAX: (888) 977-93862021 ARCH STREET, PHILADELPHIA, PA 19103

WWW.MBURRKEIM.COM

THE Dauphin County Reporter...2006/02/03 · THE Dauphin County Reporter (USPS 810-200) A WEEKLY...

Documents

Transcript of THE Dauphin County Reporter...2006/02/03 · THE Dauphin County Reporter (USPS 810-200) A WEEKLY...