THE Dauphin County Reporter · 2011. 8. 3. · ADVANCE SHEET THE Dauphin County Reporter (USPS...

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5826, Vol. 124 August 5, 2011 No. 162Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa.,

under the Act of Congress of March 31, 1879

TERMS: Advertisements must be received before 12 o’clock noon on Tuesday of each week at the officeof the Dauphin County Reporter, 213 North Front Street, Harrisburg, PA 17101. Telephone (717) 232-7536

VQC Designs, LLC v. Pierce 413Bar Association Page Inside Back Cover

Pages 413-423

39 Years in Harrisburg

INTELLECTUAL PROPERTY LAW* Patents * Unfair Competition* Trademarks * Trade Secrets* Copyrights * Internet Matters

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THEDAUPHIN COUNTY REPORTER

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DAUPHIN COUNTY BARASSOCIATION

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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.

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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 JOHN TODD FOX, late ofHarrisburg, Dauphin County, Pennsyl-vania (died April 13, 2011). PersonalRepresentative: Dana M. Fox, 491 HamiltonDrive, Middletown, PA 17057. a5-a19

ESTATE OF RALPH LEROY SMELTZ,late of Elizabethville Borough, DauphinCounty, Pennsylvania (died July 22, 2011). Co-Executors: Nancy Tornello andVincent Tornello, 1627 Trailridge Road,Charlottesville, VA 22903. Attorney:Terrence J. Kerwin, Esq., Kerwin & Kerwin,LLP, 27 North Front Street, Harrisburg, PA17101. a5-a19

ESTATE OF LINDA TYSON MEYERSDAVENPORT, late of Gratz, DauphinCounty, Pennsylvania (died July 18, 2011).Personal Representatives: Eric R. Meyers and Jeffrey C. Meyers, Sr., P.O. Box 169,Halifax, PA 17032. Attorney: Emily Long Hoffman, Esq., 255 Market Street,Millersburg, PA 17061. a5-a19

ESTATE OF WENDY J. QUEEN, late ofSusquehanna Township, Dauphin County,Pennsylvania. Co-Executors: Kenneth O.Queen and Eloise R. Queen, 24 McGillstownRoad, Annville, PA 17003. Attorney: GeraldJ. Brinser. a5-a19

ESTATE OF MARY E. JOHNSON, late ofMiddletown Borough, Dauphin County,Pennsylvania. Personal Representative:Mariann A. Collins, 1023 Tiverton Road,Mechanicsburg, PA 17050. Attorney: BridgetM. Whitley, Esq., 17 South Second Street,Harrisburg, PA 17101. a5-a19

ESTATE OF DORIS M. SMITH, late ofWashington Township, Dauphin County,Pennsylvania (died July 12, 2011). PersonalRepresentative: Raymond C. Smith, 108 EastBonnie Avenue, Elizabethville, PA 17023.Attorney: Terrence J. Kerwin, Esq., Kerwin& Kerwin, LLP, 27 North Front Street,Harrisburg, PA 17101. a5-a19

413 (2011)] DAUPHIN COUNTY REPORTS 413

VQC Designs, LLC v. Pierce

9. VIOLATION OF BOROUGH CODE

Intervenor lastly argued that the Award must be vacated because itsimplementation will require the Borough to enact a retroactive ordi-nance in contravention of the Borough Code. This is the same argumentthat the Borough raised earlier which is that the Grievant retired outsidethe window in December 2007, and that to include him within a retire-ment window will require that the Board enact a retroactive ordinance,which it is prohibited from doing. As discussed above, the Arbitratormade a rational finding supported by the record that the Grievant wouldhave retired within the window had he not been improperly excludedfrom it. The Arbitrator’s ruling does not require that the Boroughretroactively enact an ordinance but merely enforces the terms of thealready existing CBA.

Accordingly, I denied the Petition to Vacate.

_______o_______


Contracts — Breach — Jurisdiction — Due Process — Minimum Contacts —Website Presence.

Communicating over the internet and by email and telephone, thePlaintiff, a Harrisburg company, contracted with Defendant, doingbusiness from his Florida residence, to provide website services (software installation) to one of Plaintiff’s clients. Several progresspayments were then made electronically via PayPal, but the Defendantcould not complete the project, which forced Plaintiff to hire anotherentity. When Plaintiff filed a civil action in Pennsylvania, theDefendant objected, inter alia, on the basis of lack of personal jurisdiction.

1. Assertion of personal jurisdiction over out-of-state defendants must comport withdue process requirements. There must exist sufficient “minimum contacts” between thedefendant and the forum state such that assertion of personal jurisdiction does notoffend “traditional notions of fair play and substantial justice.” Kubik v. Letteri, 614A.2d 1110, 1114 (Pa. 1992). In order to establish sufficient minimum contacts, a defendant must have been able to “reasonably anticipate” being haled intocourt in the forum state. Burger King Corp. v. Rudzewica, 471 U.S. 462, 474 (1985). Indetermining if one can reasonably anticipate being haled into court, courts have placedemphasis on the communications between the parties and on who initiated contact.Eastern Continuous Forms, Inc. v. Island Business Forms, Inc., 513 A.2d 466, 469 (Pa.Super. 1986).

414 DAUPHIN COUNTY REPORTS [124 Dauph.


2. Where an out-of-state defendant enters into a single transaction with a Pennsylvaniaresident and no contacts exist other than telephone and written communications, personaljurisdiction does not exist. Hall-Woolford Tank Co., Inc. v. R. F. Kilns, Inc., 698 A.2d 80,82 (Pa. Super. 1997).

3. A passive website that does little more than make information available to those whoare interested in it is not grounds for exercise of personal jurisdiction. Efford v. The JockeyClub, 796 A.2d 370 (Pa. Super. 2002), citing Zippo Manufacturing Company v. Zippo.com,Inc., 952 F. Supp. 1119, at 1124 (W.D. Pa. 1997).

Defendant’s Preliminary Objection. C.P., Dau. Co., No. 2010 CV15400 CV. Objection sustained.

Anthony T. McBeth, for Plaintiff.

Michael E. Adler, for Defendant.

TURGEON, J., July 11, 2011. – Defendant Philip Pierce, a Florida resi-dent, has filed preliminary objections to Plaintiff’s Complaint primarilychallenging this court’s personal jurisdiction over him and seeking dis-missal of Plaintiff’s Amended Complaint. For the reasons set forth below,Defendant’s objection for lack of personal jurisdiction is sustained.

FACTUAL BACKGROUND

The facts asserted in Plaintiff’s Amended Complaint, viewed in thelight most favorable to Plaintiff, as the non-moving party, are as follows:Sometime on or prior to September 16, 2009, Plaintiff VQC Designs, aPennsylvania limited of liability company with its principal office inHarrisburg, posted one or more advertisements on Craigslist seeking“specialized compensated assistance” from a computer programmer forprogramming and web design services. (Am. Complaint ¶¶ 4, 7, Exbt.A) These initial advertisements indicated that Plaintiff was located inHarrisburg.

On September 16, 2009, Defendant Pierce, trading as Merlin A. I.Soft, responded to the job offer by sending an email to the Craigslistemail address included in Plaintiff’s solicitation. (Am. Complaint, Exbt.A) Defendant’s email informed Plaintiff of his qualifications as a weband desktop developer and invited Plaintiff to review his portfolio andweb résumé on his business website, to which Defendant included alink. Id. Within an hour thereof, Vinh Chau, the proprietor of VQCDesigns, emailed his business email address to Defendant. Id. A fewminutes later, Pierce responded thanking Chau and listing three refer-ences. Id. According to the parties’ next email communication, they hada phone conversation during which they agreed to the terms of a con-tract. (Am. Complaint, Exbt. B) The parties’ next email, sent by Plaintiff



later in the evening on September 16, memorialized the terms of theirconversation. Plaintiff indicated a project deadline of October 9, 2009,compensation terms and the project requirements and tasks, which con-sisted chiefly of Defendant setting up, configuring and integrating theDotNetNuke web content management platform (designed to build web-sites and web applications) onto the website of one of Plaintiff’s clients,Mid Atlantic BX. Id. Defendant was given authority by Plaintiff toremotely access the client’s web server and/or private network in orderto perform the contracted services. Id.

On September 17 and 18, 2009, as part of their contractual relation-ship, each party signed a Confidentiality Agreement created by Plaintiffin which Defendant agreed to not disclose any information he obtainedwhile working on the project. (Am. Complaint, Exbt. C) TheConfidentiality Agreement further specified that “[a]ll legal mattersrelating to this agreement shall be governed by the laws of the State ofPennsylvania, County of Dauphin, regardless of its conflict of laws provision.” Id.

According to the allegations, Defendant updated Plaintiff a number oftimes by email as to the number of hours he worked from his Florida residence and requested electronic payment via PayPal. (Am. Complaint¶ 10, Exbts. D, E) Plaintiff later made some payments to Defendantusing that method. (Am. Complaint, ¶ 10) One such email shows thatbetween September 17 and October 2, 2009, Defendant claims to haveworked on the project a total of 59 hours over eight days. (Am.Complaint Exbt. E) On October 2, 2009, Plaintiff sent Defendant anemail seeking an update on the project’s progress. (Am. Complaint Exbt.E) The Defendant responded by email that same day informing Plaintiffof his current progress (including hours worked) and of technical diffi-culties he was having which were preventing him from completing theproject. Id. Defendant Pierce continued to perform work for Plaintiffthrough October for which Plaintiff paid him $4,702.50. (Am.Complaint ¶ 12) Sometime in November 2009, Defendant ceased work-ing and Plaintiff was forced to hire another entity, for which Plaintiff haspaid or will be paying $13,447 to finish the required work. (Am.Complaint ¶ 13, 14)

In its Amended Complaint, Plaintiff brings claims for breach of con-tract, negligence and unjust enrichment due to Defendant’s failure tocomplete the project. Plaintiff seeks judgment of $18,149, whichincludes the $4,702 he electronically paid to Defendant and $13,447Plaintiff paid to the third party. Defendant filed preliminary objections



to the Amended Complaint moving to dismiss it on the bases of lack ofpersonal jurisdiction and improper venue. Defendant also moves to dis-miss Plaintiff’s negligence claim on the bases of the gist of the action andeconomic loss doctrines. Finally, Defendant moves to dismiss Plaintiff’sbreach of contract claim on the bases of legal insufficiency and lack ofspecificity. This court agrees that there is a lack of personal jurisdictionover the Defendant and will dismiss the Amended Complaint for that rea-son. As such, this court will not address the remaining objections.

LEGAL DISCUSSION

A question of personal jurisdiction is properly raised by preliminaryobjection. Pa. R.C.P. 1028(a)(1), 42 Pa. C.S.A. “When preliminaryobjections, if sustained, would result in the dismissal of an action, suchobjections should be sustained only in the clearest of cases.” Hall-Woolford Tank Co. Inc. v. R. F. Kilns, Inc., 698 A.2d 80, 82 (Pa. Super.1997) (citing King v. Detroit Coal Co., 682 A.2d 313, 314 (Pa. Super.1996)). Moreover, because the burden rests upon the party challengingthe court’s exercise of jurisdiction, the court must consider the evidencein the light most favorable to the non-moving party. Id. Once the movanthas supported its jurisdictional objection, however, the burden shifts tothe party asserting jurisdiction to prove that there is statutory and con-stitutional support for the court’s exercise of personal jurisdiction. Id.(citing McCall v. Formu-3 International, Inc., 650 A.2d 903, 904 (Pa.Super. 1994) and Derman v. Wilair Services, Inc., 590 A.2d 317, 319(Pa. Super. 1991), appeal denied, 600 A.2d 537).

Pennsylvania courts may exercise two types of jurisdiction over out-of-state defendants. The first type is specific personal jurisdiction whichis set forth in Pennsylvania’s long-arm statute. 42 Pa. C.S.A. § 5322.The second type is general personal jurisdiction which deals only withthe general contacts the defendant has with the forum state. 42 Pa.C.S.A. § 5301. Plaintiff in this case has asserted both bases for jurisdic-tion in his brief.

Specific jurisdiction is “based upon the specific acts of the defendantwhich gave rise to the cause of action.” McCall v. Formu-3International, Inc. at 904. Satisfaction of the long-arm statute, however,is not alone sufficient to exercise jurisdiction over non-resident defen-dants. Id. Specific jurisdiction must comport with the due process clauseof the fourteenth amendment. Id. Specific personal jurisdiction occursunder Pennsylvania’s long-arm statute when one is “transacting busi-ness” within the state. 42 Pa. C.S.A. §5322(a)(1). While plaintiff has notidentified which basis for specific personal jurisdiction he is asserting



under the long-arm statute, it appears one basis does exist; “[c]ausingharm or tortious injury in this Commonwealth by an act or omission out-side this Commonwealth.”1 42 Pa. C.S.A. § 5322(a)(4).

Assuming Plaintiff has sufficiently supported a long-arm statute basisfor jurisdiction, assertion of jurisdiction must comport with due processrequirements. The Pennsylvania Supreme Court has held that the flexi-ble approach set forth by the U.S. Supreme Court in Burger King Corp.v. Rudzewica, 476 U.S. 462 (1985), be used when determining if dueprocess has been satisfied. Kubik v. Lettri, 614 A.2d 1110, 1114 (Pa.1992). Under Burger King, there must exist sufficient “minimum con-tacts” between the defendant and the forum state such that the assertionof personal jurisdiction not offend “traditional notions of fair play andsubstantial justice.” Id. at 1114 (citing Burger King).

In order to establish sufficient minimum contacts, a defendant musthave been able to “reasonably anticipate” being haled into court in theforum state. Burger King Corp. at 474. “Critical to the analysis ofwhether a defendant should reasonably anticipate being haled into courtin the forum state is the determination that the defendant purposefullydirected his activities at residents of the forum and purposefully availedhimself of the privilege of conducting activities within the forum state,thus invoking the benefits and protection of its laws.” Kubik, 614 A.2dat 1114.

In determining if one can reasonably anticipate being haled intocourt, courts have placed emphasis on the communications betweenthe parties and on who initiated contact. Eastern Continuous Forms,Inc. v. Island Business Forms, Inc., 513 A.2d 466, 469 (1986). A find-ing of purposeful availment is influenced by the presence of econom-ic impacts on the forum state as well as by the parties’ relationship. Id.at 469. See also, Mickleburgh Machinery Co., Inc. v. Pacific EconomicDevelopment Co., 738 F.Supp. 159, 162 (E.D. Pa. 1990). “Random,fortuitous and attenuated contacts cannot reasonably notify a party thatit may be called to defend itself in a foreign forum and, thus, cannotsupport the exercise of personal jurisdiction.” Hall-Woolford at 82.

“It is well settled that an individual’s contract with an out-of-stateparty alone cannot automatically establish sufficient minimum contactsin the other party’s home forum.” Hall-Woolford at 83 (citing Kubik v.Letteri at 1114). “Rather, the totality of the parties’ dealings, including

1. The harm contemplated by this section includes economic harm. Hall-Woolford, 698A.2d at 84 n. 1.



the contract negotiations, contemplated future consequences of thecontract, and actual course of dealing must be evaluated in order todetermine whether the foreign defendant is subject to suit in the plain-tiff’s chosen forum.” Id.

Plaintiff first argues that personal jurisdiction exists based upon thespecific contacts he made with Defendant in this action. Plaintiff notesthat Defendant directly solicited Plaintiff to perform software and pro-gramming work for Plaintiff, that Defendant provided Plaintiff hisrésumé and references knowing the work would be performed for anentity headquartered in Pennsylvania and that Defendant was in contin-uous communication with Plaintiff while working under the contract.Plaintiff argues these facts show Defendant purposefully availed himselfof the privilege of conducting business in Pennsylvania.

Our courts have held, however, that where an out-of-state defendantenters into a single transaction with a Pennsylvania resident and no con-tacts exist other than telephone and written communications, personaljurisdiction does not exist. Hall-Woolford, supra. In Hall-Woolford, theSuperior Court found personal jurisdiction lacking over the out-of-statedefendant. There, the plaintiff, a Pennsylvania corporation, contractedwith a New York corporation to dry wood plaintiff was purchasing inFlorida. The defendant damaged the wood at its New York facility andthe plaintiff brought a Pennsylvania action. The plaintiff had assertedthere existed sufficient contacts between the parties, noting that theircontract was for a unique service, the wood was to be ultimately deliv-ered to Pennsylvania, defendant was not to be paid until after delivery,the defendant had agreed to perform the service after reviewing a creditreport prepared by a Pennsylvania bank and there were a number ofinter-state mail and telephone communications between the parties. Id.at 83. The superior court concluded these contracts were too attenuatedto support personal jurisdiction noting that “by merely entering into acontract with a Pennsylvania corporation, making several follow-uptelephone calls and sending a payment invoice, it cannot be said that[defendant] purposefully availed itself of our state’s benefits and protec-tions such that it could reasonably anticipate being called to defend itselfin our courts. If contacts such as these were the benchmark for jurisdic-tion, our courts would require foreign defendants to defend themselvesin Pennsylvania based upon minimal, rather than minimum, contacts.”Id. at 84. See also, Nutrition Management Services Co. v. Hinchcliff, 926A.2d 531 (Pa. Super. 2007) (the fact that the out-of-state defendantsmade telephone calls and sent correspondence to plaintiff inPennsylvania “does not lead to the conclusion that they purposefully



availed themselves of the privileges and benefits of our Commonwealthto the extent that they should have anticipated having to defend a law-suit in Pennsylvania”); Fidelity Leasing v. Limestone Co. Bd. ofEducation, 758 A.2d 1207, 1212 (Pa. Super. 2000) (out-of-state defen-dant’s contacts with Pennsylvania corporation did not create sufficientminimum forum contacts to sustain trial court’s jurisdiction where thecontacts “merely consisted of an agreement, payments or a paymentinvoice, and several follow-up communications”) and Lynch v. NewJersey Auto. Full Ins. Underwriting Ass’n, 762 F. Supp. 101, 104 (E.D.Pa. 1991) (“[t]he placing of telephone calls or the sending of letters intothe forum by a party to a contract is not sufficient”).

The contacts in this case are of similar quality and quantity as werethose in Hall-Woolford: the parties entered into a single contract, madeseveral follow-up communications (via email and phone) and exchangedof a few invoices and payments. As in Hall-Woolford, the parties’ con-tract involved the out-of-state defendant performing a single service oflimited scope and duration. The record before this court otherwisereveals no evidence that Defendant entered the Commonwealth to nego-tiate the contract or performed any part of his contractual duties inPennsylvania. Instead, the record showed Defendant provided all serv-ices from his home in Florida, where his company, Merlin Al. Soft, wasorganized. The nature of Defendant’s services involved him remotelyaccessing Plaintiff’s client’s computer system and installing the request-ed software. Furthermore, there is no evidence in the record thatDefendant has any property, bank accounts or other clients inPennsylvania, or that he sells any products or advertises in theCommonwealth.

Plaintiff stresses that because Defendant made the initial contact withPlaintiff he availed himself of the Commonwealth’s benefits and protec-tions. While Defendant did make the initial personal contact as betweenthe parties, he did so only in response to Plaintiff’s broadly disseminat-ed Internet advertisement on Craiglist. Plaintiff also argues that the par-ties Confidentiality Agreement provides a basis for personal jurisdiction.The terms of that Agreement set forth a choice of law provision requir-ing application of Pennsylvania law in a Dauphin County venue for lit-igation of issues arising from the Agreement. As noted above, thatAgreement was entered in order to ensure that Defendant would not dis-seminate any information he learned while performing the softwareinstallation in Plaintiff’s client’s computer system. That Agreement is oflimited relevancy to this court’s minimum contacts analysis wherebynone of the claims made by Plaintiff in this action invoke application ofthe Agreement, including of its venue provision.



Plaintiff cites Kenneth H. Oaks, Ltd. v. Josephson for the propositionthat specific personal jurisdiction over Defendant exists in this case. 568A.2d 215 (Pa. Super. 1989). In Kenneth H. Oaks, the defendant, a NewJersey advertising agency, initially contracted with the plaintiff, aPennsylvania commercial printing company, to supply it with printedcatalogs. The parties later extended the scope of their contract to includeprinting services for postcard inserts. Id. at 215. After plaintiff deliveredthe inserts to the New Jersey defendant, defendant discovered some ofthe copy was missing and notified plaintiff of the cost of correcting theerrors. Plaintiff made the corrections and billed defendant, who refusedpayment, prompting plaintiff to file an action in Pennsylvania. Id. Thelower court dismissed plaintiff’s complaint for lack of personal jurisdic-tion over the New Jersey defendant. On appeal, the Superior Courtreversed, finding as follows:

In the instant case, the facts, viewed in the light mostfavorable to the non-moving party, show that TheJosephson Company [of N.J.] solicited quotations fromOaks [of Pa.] for the printing work for which the partieseventually contracted. In connection with the contract,Josephson mailed and “faxed” bid specifications to Oaksat its place of business in Northhampton County,Pennsylvania. Oaks prepared its bid quotation inPennsylvania in response to Josephson’s solicitation, andpurchase orders by Josephson were mailed to Oaks inPennsylvania. Numerous telephone calls between theparties’ offices in Pennsylvania and New Jersey wereexchanged, and an employee of Josephson visited theOaks plant in Pennsylvania on at least one occasion toreview proofs in connection with the parties’ contract. Allof the work on the contract was performed inPennsylvania. In our view, these facts are sufficient toestablish personal jurisdiction of appellee in thePennsylvania courts. [Josephson’s] initiation of contactwith [Oaks] which eventually yielded a contract betweenthe parties, the continuing telephone and mail communi-cation between them, and [Josephson’s] visit toPennsylvania to review the work in progress, all point tothe conclusion that [Josephson] “purposefully availed”itself of the privilege of conducting its business activitieswithin Pennsylvania. [Josephson’s] contacts with theforum were thus sufficient to meet the due process “min-imum contacts” test.



In addition, the exercise of personal jurisdiction over[Oaks] would not offend any notions of “fair play andsubstantial justice.” [Oaks] is a Pennsylvania corporationwith whom [Josephson] initiated contact in order to con-duct business in the form of a contract to be performed inPennsylvania. [Josephson] also maintained telephoneand mail contact with [Oaks] at its Pennsylvania office,and visited Pennsylvania in order to monitor and assessthe progress on its work. Such circumstances do not leadus to the conclusion that [Josephson] contacts withPennsylvania were “attenuated.” Rather, they were pur-poseful and continuous enough such that appellee couldreasonably have anticipated “being haled into court”here. . . .

Id. at 217-218.

Kenneth H. Oaks is readily distinguishable from this case on twoimportant points. First, in that case, all of the work contemplated underthe contract was to be performed in Pennsylvania. Second, during per-formance of the contact, a representative from the out-of-state defendantvisited plaintiff’s Pennsylvania location. In contrast, none of the work tobe performed by Defendant Pierce here was contemplated to occur inPennsylvania. Instead, the parties contemplated that Defendant, from hisFlorida residence, would remotely access the client’s computer systemto perform the work. In addition, neither Defendant nor any of his agentsor representatives visited Pennsylvania to perform any part of the con-tract or to otherwise conduct any business with Plaintiff. Furthermore, itappears that the communications between the parties in that case wereof a more continuous nature than were the communications in this case,which consisted of a handful of emails and a single phone conversation.Finally, unlike in Kenneth H. Oaks, it was the Pennsylvania Plaintiffhere who initiated the chain of events which resulted the business rela-tionship between the parties by placing an advertisement over theInternet, to which Defendant responded.

Plaintiff also asserts that general personal jurisdiction exists overDefendant due to his presence in Pennsylvania via his website. InEfford v. The Jockey Club, our Superior Court was faced for the firsttime with the question of assessing personal jurisdiction over an out-of-state defendant based upon its Internet or website accessibility toPennsylvania residents. 796 A.2d 370 (Pa. Super. 2002). The Effordcourt, guided by federal court decisions from the Third Circuit



addressing the relationship between personal jurisdiction and foreignInternet websites, adopted a sliding scale analysis for personal jurisdic-tion (both personal and general) based largely on the degree and type ofinteractivity on the website. The Court cited Zippo ManufacturingCompany v. Zippo.com, Inc., 952 F.Supp. 1119 (W.D. Pa. 1997), whicharticulated this sliding scale, as follows:

The likelihood that personal jurisdiction can be consti-tutionally exercised is directly proportionate to the natureand quality of commercial activity that an entity conductsover the internet. This sliding scale is consistent withwell-developed personal jurisdiction principles. At oneend of the spectrum are situations where a defendantclearly does business over the internet. If the defendantenters into contracts with residents of a foreign jurisdic-tion that involved the knowing and repeated transmissionof computer files over the internet, personal jurisdictionis proper. At the opposite end are situations where adefendant has simply posted information on an internetwebsite which is accessible to users in foreign jurisdic-tions. A passive website that does little more than makeinformation available to those who are interested in it isnot grounds for exercise of personal jurisdiction. Themiddle ground is occupied by interactive websites wherea user can exchange information with a host computer. Inthese cases, the exercise of jurisdiction is determined byexamining the level of interactivity and commercialnature of the exchange of information that occurs on thewebsite.

Id. at 324 (quoting Zippo at 1124) (citations omitted).

The record in this case as to Defendant’s Internet presence is limited.Defendant’s website is mentioned only a single time in the record,whereby Defendant, in his initial email response to Plaintiff’s Craigslistadvertisement, informed Plaintiff of his computer expertise and directedPlaintiff to review his portfolio and résumé at his website,www.PhilipPierceDeveloper.com. (Am. Complaint, Exbt. A) There areno other facts in the record showing that the website played any rolewhatsoever in promoting the formation of the parties’ contract or in theperformance of the terms of the contract. As such, Defendant’s mereposting of information on his website sets this case firmly at the end ofthe spectrum revealing a passive Internet presence. “A passive website



that does little more than make information available to those who areinterested in it is not grounds for exercise of personal jurisdiction.” Id.Compare, Efford (general personal jurisdiction did not exist over the for-eign defendant, where its Internet website held the middle ground on thesliding scale of interactivity, because, even though a user couldexchange information with the host computer, the defendant did not oth-erwise enter into contracts with Pennsylvania residents or send toPennsylvania residents repeated and knowing transmission of informa-tion) and Mar-Eco, Inc. v. T & R and Sons Towing and Recovery, Inc.,837 A.2d 512 (Pa. Super. 2003) (general personal jurisdiction existedover the foreign defendant, where its Internet website held the middleground on the sliding scale, since defendant’s website amounted to a vir-tual car dealership within which a customer could conduct almost everyactivity that could have been conducted in person at the dealership andwhere the defendant regularly conducted business in Pennsylvania overits website).

Because Plaintiff has failed to allege other traditional grounds forgeneral jurisdiction – that Defendant is incorporated in Pennsylvania,maintains offices here, has agents or employees in Pennsylvania, paystaxes in the Commonwealth, is registered with the Commonwealth toconduct business in Pennsylvania and/or owns or leases property here –there exist no bases for finding general personal jurisdiction overDefendant. As such, I enter the following:

ORDER

AND NOW, this 11th day of July, 2011, Defendant Philip Pierce’sPreliminary Objection to the Plaintiff’s Amended Complaint arguinglack of personal jurisdiction over him is hereby SUSTAINED and theAmended Complaint is dismissed, with prejudice.

_______o_______

ESTATE OF JACOB SOLOMON a/k/aJACK SOLOMON, late of Lower PaxtonTownship, Dauphin County, Pennsylvania(died June 28, 2011). Personal Rep-resentative / Attorney: Michael L. Solomon,Esq., Cohen Seglias Pallas Greenhall &Furman, P.C., 240 North Third Street, 7thFloor, Harrisburg, PA 17101. a5-a19

ESTATE OF WILLIAM C. TROUTMAN,late of Dauphin County, Pennsylvania (diedMarch 7, 2011). Executrix: Patricia A.Patton. Attorney: Patricia Carey Zucker,Esq., Daley Zucker Meilton Miner &Gingrich, LLC, 635 North 12th Street, Suite101, Lemoyne, PA 17043. a5-a19

ESTATE OF PATTY J. GRIFFIN a/k/aPATTY GRIFFIN, late of the Borough ofMiddletown, Dauphin County, Pennsylvania(died June 17, 2011). Executrix: CherylMelnichak, 537 Bosler Avenue, Lemoyne,PA 17043. Attorney: Jeffrey M. Mottern,Esq., 28 East Main Street, P.O. Box 87,Hummesltown, PA 17036. a5-a19

ESTATE OF CAMILLE D. WALTERS,late of the City of Harrisburg, DauphinCounty, Pennsylvania. Executor: John R.Zonarich, 17 South Second Street, 6th Floor,Harrisburg, PA 17101. Attorney: Bridget M.Whitley, Esq., Skarlatos & Zonarich LLP, 17South Second Street, 6th Floor, Harrisburg,PA 17101. a5-a19

ESTATE OF GLADYS C. GAMBER a/k/aGLADYS CLEO GAMBER, late of the Cityof Harrisburg, Dauphin County, Penn-sylvania (died June 3, 2011). Executrix:Kathy Ann Price, 1415 Aspen Drive,Harrisburg, PA 17109. Attorney: Jeffrey M.Mottern, Esq., 28 East Main Street, P.O. Box87, Hummelstown, PA 17036. a5-a19

SECOND PUBLICATION

ESTATE OF RICHARD W. REIMERT,late of Susquehanna Township, DauphinCounty, Pennsylvania (died July 12, 2011).Executor: Gilbert F. Keller. Attorney: Cara A.Boyanowski, Esq., Serratelli Schiffman &Brown, 2080 Linglestown Road, Suite 201,Harrisburg, PA 17110. y29-a12

ESTATE OF SANDRA S. LATSHA, lateof Middle Paxton Township, DauphinCounty, Pennsylvania (died June 17, 2011).Co-Executors: Kyle Y. Gumpher, 4025 NorthSecond Street, Harrisburg, PA 17110 andTroy D. Snow, 1721 Pine Lane, Dauphin, PA17018. Attorney: Harry L. Bricker, Jr., Esq.,921 Bradford Road, Harrisburg, PA 17112.

y29-a12

ESTATE OF ABBOTT M. LOY, late ofLower Paxton Township, Dauphin County,Pennsylvania. Personal Representative:Susan A. Loy, 315 11th Street, NewCumberland, PA 17070. Attorneys: ButlerLaw Firm, 500 North Third Street, P.O. Box1004, Harrisburg, PA 17108. y29-a12

ESTATE OF HAIMANOT ANDEMARI-AM, late of the City of Harrisburg, DauphinCounty, Pennsylvania. Administrator: ElenWoldemichael, 8 Sumner Avenue,Pittsburgh, PA 15221. Attorney: John R.Zonarich, Esq., 17 South Second Street, 6thFloor, Harrisburg, PA 17101. y29-a12

FIRST PUBLICATION

Estate Notices

ESTATE OF F. ELIZABETH SNYDER,late of Millersburg, Dauphin County,Pennsylvania (died June 12, 2011). PersonalRepresentative: Timothy W. Waters, 337 E.Broad Street, Williamstown, PA 17098.Attorney: Dale K. Ketner, Esq., Shaffer &Engle Law Offices, 512 Market Street,Millersburg, PA 17061. y29-a12

ESTATE OF SHIRLEY K. RHONE, lateof Derry Township, Dauphin County,Pennsylvania (died July 7, 2011). PersonalRepresentative: Lynn W. Maines, 622 W.Main Street, Hummelstown, PA 17036.Attorney: Gary L. James, Esq., James,Smith, Dietterick & Connelly, LLP, 134 SipeAvenue, Hummelstown, PA 17036. Tele-phone (717) 533-3280. y29-a12

ESTATE OF JOANNE M. POLEGAO’CONNOR a/k/a JOANNE P. O’CON-NOR, late of Harrisburg, Dauphin County,Pennsylvania. Personal Representative: AmyE. O’Connor, c/o Suzanne S. Friday, Esq.,Nauman, Smith, Shissler & Hall, LLP, P.O.Box, 840, Harrisburg, PA 17108-0840.Attorney: Suzanne S. Friday, Esq., Nauman,Smith, Shissler & Hall, LLP, P.O. Box, 840,Harrisburg, PA 17108-0840. y29-a12

ESTATE OF HELEN M. HAHN, late ofSouth Hanover Township, Dauphin County,Pennsylvania (died July 10, 2011). Executor:Stephen W. Han, 2235 Coon Club Road,Westminster, MD 21157. Attorney: Jean D.Seibert, Esq., Wion, Zulli & Seibert, 109Locust Street, Harrisburg, PA 17101.

y29-a12

ESTATE OF BETTY J. EVANS, late of theBorough Hummelstown, Dauphin County,Pennsylvania (died June 30, 2011). Executor:Robert E. Evans, Jr., 343 Oak Hill Drive,Middletown, PA 17057. Attorney: Jean D.Seibert, Esq., Wion, Zulli & Seibert, 109Locust Street, Harrisburg, PA 17101.

y29-a12

ESTATE OF E. JANE URICH a/k/a EMMA J. URICH, late of HalifaxBorough, Dauphin County, Pennsylvania.Co-Executors: Diane Stoneroad, 45 WilliamsStreet, Halifax, PA 17032 and Ronald E.Klinger, 8726 Germantown Avenue,Philadelphia, PA 19118. Attorney: GregoryM. Kerwin, Esq., Kerwin & Kerwin, LLP,4245 State Route 209, Elizabethville, PA17023. y29-a12

THIRD PUBLICATION

ESTATE OF MATTHEW J. BELICIC, lateof Susquehanna Township, Dauphin County,Pennsylvania. Executor: Matthew G. Belicic,5201 Creekwood Drive, Harrisburg, PA17109. Attorney: Steve C. Nicholas, Esq.,2215 Forest Hills Drive, Suite 37,Harrisburg, PA 17112-1099. y22-a5

ESTATE OF DONNA M. LANGER, lateof the Township of Susquehanna, DauphinCounty, Pennsylvania (died June 14, 2011).Executor: Lawrence W. Langer, Jr., 3422Kramer Street, Harrisburg, PA 17109.Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, LLP, 4245 State Route 209,Elizabethville, PA 17023. y22-a5

ESTATE OF MICHAEL L. CARL, late ofthe Township of Williams, Dauphin County,Pennsylvania (died April 12, 2011).Executrix: Jody Carl, 633 West MarketStreet, Williamstown, PA 17098. Attorney:Joseph D. Kerwin, Esq., Kerwin & Kerwin,LLP, 4245 State Route 209, Elizabethville,PA 17023. y22-a5

SECOND PUBLICATION

Estate Notices

ESTATE OF DORA JEAN MILLER a/k/aD. JEAN MILLER, late of the Township ofWilliams, Dauphin County, Pennsylvania(died June 21, 2011). Co-Executors: JackieR. Miller, 129 Lenker Drive, Williamstown,PA 17098 and Joyce E. Ramsey, 110Umholtz Street, Williamstown, PA 17098.Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, LLP, 4245 State Route 209,Elizabethville, PA 17023. y22-a5

ESTATE OF LUCILLE R. HOY, late ofthe Township of Upper Paxton, DauphinCounty, Pennsylvania (died June 12, 2011).Executrix: Olga Mare Ehrhart, 10094 StateRoute 209, Williamstown, PA 17098.Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, LLP, 4245 State Route 209,Elizabethville, PA 17023. y22-a5

ESTATE OF EVELYN T. RAVAGO, lateof Lower Paxton Township, DauphinCounty, Pennsylvania (died January 2,2010). Executor: Cyrus Ravago, 3139 ParkerDrive, Lancaster, PA 17601. Attorney:Edward P. Seeber, Esq., James, Smith,Dietterick & Connelly, LLP, Suite C-400,555 Gettysburg Pike, Mechanicsburg, PA17055. Telephone (717) 533-3280. y22-a5

ESTATE OF CATHERINE E. HUSICa/k/a CATHERINE M. HUSIC, late ofSwatara Township, Dauphin County,Pennsylvania. Co-Executrices: Yvonne M.Husic, 2005 Alexis Drive, Harrisburg, PA17110 and Patricia A. Husic, 5993 TylerDrive, Harrisburg, PA 17112. Attorney:Steve C. Nicholas, Esq., Nicholas LawOffices, P.C., 2215 Forest Hills Drive, Suite37, Harrisburg, PA 17112-1099. y22-a5

THIRD PUBLICATION

Estate Notices

ESTATE OF NANCY J. HERSHEY, lateof the Township of Susquehanna, DauphinCounty, Pennsylvania. Co-Executors: Jan D.Wilson, 722 Rockford Drive, Harrisburg, PA17112 and Eric A. Hershey, 5743 KenwoodAvenue, Harrisburg, PA 17112. Attorney:James H. Turner, Esq., Turner andO’Connell, 4701 North Front Street,Harrisburg, PA 17110. y22-a5

ESTATE OF FLORENCE L. NEIMEYER,late of Derry Township, Dauphin County,Pennsylvania. Executor: Thomas R. Luce,129 Kirk Road, Perryville, MD 21903.Attorney: Joseph M. Farrell, Esq., 201/203South Railroad Street, P.O. Box 113,Palmyra, PA 17078-0113. y22-a5

ESTATE OF LEOPOLD POSAVEC a/k/aLEOPOLD P. POSAVEC a/k/a LEOPOSAVEC, late of Halifax, Dauphin County,Pennsylvania. Executrix: Mary V. Posavec,2-A Richland Lane, Apartment 203, CampHill, PA 17011. Attorney: David J. Lenox,Esq., The Wiley Group, P.C., 3 N. BaltimoreStreet, Dillsburg, PA 17019. y22-a5

ESTATE OF KATHLEEN M.MORTENSEN, late of WashingtonTownship, Dauphin County, Pennsylvania.Co-Administrators-CTA: Gary P. Mortensen,P.O. Box 36, Berrysburg, PA 17005 andDavid L. Mortensen, 1055 Isle of Q Road,Millersburg, PA 17061. Attorney: GregoryM. Kerwin, Esq., Kerwin & Kerwin, LLP,4245 State Route 209, Elizabethville, PA17023.. y22-a5

NOTICE IS HEREBY GIVEN thatArticles of Incorporation were filed with theDepartment of State of the Commonwealthof Pennsylvania at Harrisburg, Pennsylvania,for a business corporation which was organ-ized under the Business Corporation Law ofthe Commonwealth of Pennsylvaniaapproved December 21, 1988, Act 177, asamended. The name of the corporation is: Spartech USA Holdings Ltd.

K&L GATES LLPK&L Gates Center210 Sixth Avenue

a5 Pittsburgh, Pennsylvania.

NOTICE IS HEREBY GIVEN thatPennsylvania Anesthesia Services, P.C. hasbeen incorporated under the provisions of thePennsylvania Business Corporation Law of1988.

ROSENN, JENKINS & GREENWALD, L.L.P.15 South Franklin Street

a5 Wilkes-Barre, PA 18711-0075

NOTICE IS HEREBY GIVEN that DentalCare Alliance, Inc. with a registered officeaddress located at 600 North Second Street,Suite 500, Harrisburg, PA 17101 in DauphinCounty does hereby give notice of its inten-tion to withdraw from doing business in thisCommonwealth as per 15 Pa. C.S. 4129(b).The address of its principal office under thelaws of its jurisdiction is 6240 Lake OspreyDrive, Sarasota, FL 34240. This shall serve as official notice to credi-

tors and taxing authorities. a5

NOTICE IS HEREBY GIVEN thatCardiogenesis Corporation, a foreign busi-ness corporation incorporated under the lawsof the State of Florida, with its principal officelocated at 1201 Hays Street, Tallahassee, FL32301, has applied for a Certificate ofAuthority in Pennsylvania under the PA Bus.Corp. Law of 1988. The registered office inPA is located at 2595 Interstate Drive, Suite103, Harrisburg, PA 17110, and shall bedeemed for venue and official publicationpurposes to be located in Dauphin County. a5

NOTICE IS HEREBY GIVEN that PCGCapital, Inc., a foreign business corporationincorporated under the laws of the State ofDelaware, with its principal office located atOne Market Plaza, Spear Tower, Suite 2400,San Francisco, CA 94105, has applied for aCertificate of Authority in Pennsylvania underthe PA Business Corporation Law of 1988.The commercial registered office provider inPA is: c/o: Corporation Service Co., and shallbe deemed for venue and official publicationpurposes to be located in Dauphin County.

a5

NOTICE IS HEREBY GIVEN thatKnutson Construction Services Midwest,Inc., a corporation incorporated under thelaws of the State of Iowa with its principaloffice located at 5500 Wayzata Boulevard#300, Minneapolis, MN 55416, has filed anApplication for Termination of Authorityunder Section 4129/6129 of the BusinessCorporation Law on 07/15/11 and the regis-tered office is located at c/o: CorporationService Co., Dauphin County. a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania on 07/19/11 under the DomesticBusiness Corporation Law, for B’TWEENFRIENDZ, INC., and the name and county ofthe commercial registered office provider is:c/o: Corporation Service Co., DauphinCounty. a5

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that NiproGlass Americas Corporation, a foreign busi-ness corporation incorporated under the lawsof the State of Delaware, with its principaloffice located at 1200 N. Tenth Street,Millville, NJ 08332, has applied for aCertificate of Authority in Pennsylvania underthe PA Business Corporation Law of 1988.The commercial registered office provider inPA is: c/o Corporation Service Co., and shallbe deemed for venue and official publicationpurposes to be located in Dauphin County. a5

NOTICE IS HEREBY GIVEN thatCalpine Eastern Corporation, a corporationincorporated under the laws of the State ofDelaware with its principal office located atc/o Calpine Corporation, 717 Texas Avenue,Suite 1000, Houston, TX 77002, has filed anApplication for Termination of Authorityunder Section 4129/6129 of the BusinessCorporation Law on 07/11/11, and the regis-tered office is located at c/o CorporationService Co., Dauphin County. a5

NOTICE IS HEREBY GIVEN that pur-suant to the provisions of Section 4129/6129of the Pennsylvania (PA) Bus. Corp. Law of 1988, Wurth International TradingAmerica, Inc., a corporation incorporatedunder the laws of the State of Delaware withits principal office located at 91 Grant Street,Ramsey, NJ 07446 and a registered office inPA at c/o Corporation Service Co., DauphinCounty, which on 11/13/06, was granted aCertificate of Authority to transact business inthe Commonwealth of PA, intends to file anApplication for Termination of Authority withthe Dept. of State. a5

NOTICE IS HEREBY GIVEN to all credi-tors and claimants of WEAVER SILOS &RECLAIMERS, INC, a Pennsylvania (PA)corporation, which on 11/01/06, was granted aCertificate of Authority to transact business inthe Commonwealth of PA, that said companyintends to file Articles of Dissolution with theDept. of State under the provisions of PABusiness Corporation Law. a5

NOTICE IS HEREBY GIVEN that BOBCAT OF SUSQUEHANNA with itsprincipal place of business at 6700 AllentownBoulevard, Harrisburg, Dauphin County,Pennsylvania 17112.The entity owning and interested in said busi-ness is Best Line Leasing, Inc., having a placeof business located at 140 HawbakerIndustrial Drive, State College, CentreCounty, PA 16803.

ROBERT B. WAYNE, Esq.Elion, Wayne, Grieco, Carlucci,

Shipman, Dinges & Dinges, P.C.125 East Third Street

a5 Williamsport, PA 17701

NOTICE IS HEREBY GIVEN that pur-suant to the provisions of Section 4129/6129of the Pennsylvania (PA) BusinessCorporation Law of 1988, SouthTrustSecurities, Inc., a corporation incorporatedunder the laws of the State of Delaware withits principal office located at c/o CorporateGovernance Team, 301 South College Street,D1053-300, Charlotte, NC 28288 and a regis-tered office in PA at c/o Corporation ServiceCo., Dauphin County, which on 05/25/89, wasgranted a Certificate of Authority to transactbusiness in the Commonwealth of PA, intendsto file an Application for Termination ofAuthority with the Dept. of State. a5

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN thatArchitects Plus, Inc., a foreign business cor-poration incorporated under the laws of theState of Ohio, where its principal office islocated at: 10816 Millington Court, Suite 100,Cincinnati, OH 45242, has applied for aCertificate of Authority in Pennsylvania,where its registered office is located at: c/oNational Corporate Research, Ltd., 600 NorthSecond Street, Harrisburg, PA 17101. The reg-istered office of the corporation shall bedeemed for venue and official publicationpurposes to be located in Dauphin County,Pennsylvania. a5

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a ForeignBusiness Corporation was filed in theDepartment of State of the Commonwealth ofPennsylvania for ASTROPHISICS INC. Theaddress of its principal office under the lawsof its jurisdiction is 21481 Ferrero ParkwayCity of Industry, CA 91789. The name of thiscorporations commercial registered officeprovider is Paracorp Incorporated in the county of Dauphin. The Corporation is filed in compliance withthe requirements of the applicable provisionof 15 Pa. C.S. 4124(b). a5

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a ForeignBusiness Corporation was filed in theDepartment of State of the Commonwealth ofPennsylvania for COMPASS SYSTEMS,INC. The address of its principal office underthe laws of its jurisdiction is 21471 GreatMills Road, Lexington Park, MD 20653. Thename of this corporations commercial regis-tered office provider is National CorporateResearch, Ltd. in the County of Dauphin. The Corporation is filed in compliance withthe requirements of the applicable provisionof 15 Pa. C.S. 4124(b). a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation have been filed with theDepartment of the Commonwealth ofPennsylvania on 07/07/11 under the DomesticBusiness Corporation Law, for SPECIALTYSTUCCO SYSTEMS, INC., and the nameand county of the commercial registeredoffice provider is: c/o Corporation ServiceCo., Dauphin County. a5

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a ForeignBusiness Corporation was filed in theDepartment of State of the Commonwealth ofPennsylvania for Champneys Inc. Theaddress of its principal office under the lawsof its jurisdiction is 680 Bishop Street NorthUnits 2 & 3, Cambridge, Ontario, CanadaN3H4V6. The name of this corporations com-mercial registered office provider is UnitedCorporate Services Inc. in the County ofDauphin. The Corporation is filed in compliance withthe requirements of the applicable provisionof 15 Pa. C.S. 4124(b). a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg, Pennsylvania, onJuly 15, 2011 under the PennsylvaniaBusiness Corporation Law for HarrisburgArea Theatre Alliance. The address of theCorporation is One HACC Drive, Arts 121,Harrisburg, PA 17110. a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania on 07/08/11 under the DomesticBusiness Corporation Law, for HANSENWELDING, INC., and the name and countyof the commercial registered office provideris: c/o Corporation Service Co., DauphinCounty. a5

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a ForeignBusiness Corporation was filed in theDepartment of State of the Commonwealth ofPennsylvania for M Chemical Company Inc.The address of its principal office under thelaws of its jurisdiction is 850 ColoradoBoulevard, Los Angeles, CA 90041. Thename of this corporations commercial regis-tered office provider is National CorporateResearch, Ltd. in the County of Dauphin. The Corporation is filed in compliance withthe requirements of the applicable provisionof 15 Pa. C.S. 4124(b). a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with theCommonwealth of Pennsylvania, Departmentof State, Harrisburg, Pennsylvania, on July 1,2011, for the purpose of obtaining aCertificate of Incorporation.The name of the corporation, organized underthe Commonwealth of Pennsyl-vania Business Corporation Law of 1988 isGiuro, Inc., with a registered office at 5453Devonshire Road, Harrisburg, Pennsylvania17112.The purpose or purposes for which the

corporation has been organized are to engagein and do any lawful act concerning any andall lawful business for which corporationsmay be organized under the BusinessCorporation Law.

JOHNSON, DUFFIE, STEWART& WEIDNER

301 Market StreetP.O. Box 109

a5 Lemoyne, PA 17043-0109

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a ForeignBusiness Corporation was filed in theDepartment of State of the Commonwealth ofPennsylvania for ADNET Systems, Inc. Theaddress of its principal office under the lawsof its jurisdiction is 164 Rollins Avenue, Suite303, Rockville, MD 20852. The name of thiscorporations commercial registered officeprovider is National Corporate Research, Ltd.in the County of Dauphin. The Corporation is filed in compliance withthe requirements of the applicable provisionof 15 Pa. C.S. 4124(b). a5

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania,at Harrisburg, PA, on July 29, 2011, byARC/Architectural Resources Cambridge,P.C., a foreign corporation formed under thelaws of the State of Massachusetts where itsprincipal office is located at 5 CambridgeCenter, Cambridge, MA 02142, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is locat-ed at c/o CT Corporation System, DauphinCounty, Pennsylvania. a5

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania,at Harrisburg, PA, on July 13, 2011, byAllegiant Management Services Corp., aforeign corporation formed under the laws ofthe State of California, where its principaloffice is located at 11838 Bernardo PlazaCourt, Suite 240, San Diego, CA 92128, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is locat-ed at c/o National Registered Agents Inc.,Dauphin County, Pennsylvania. a5

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania,at Harrisburg, PA, on July 11, 2011, byPrimera Engineers, Ltd., a foreign corpora-tion formed under the laws of the State ofIllinois, where its principal office is located at100 S. Wacker Drive, Suite 700, Chicago, IL60606, for a Certificate of Authority to dobusiness in Pennsylvania under the provisionsof the Pennsylvania Business CorporationLaw of 1988.The registered office in Pennsylvania is locat-ed at c/o CT Corporation System, DauphinCounty, Pennsylvania. a5

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania,at Harrisburg, PA, on July 20, 2011, by Perez,A Professional Corporation, a foreign cor-poration formed under the laws of the State ofLouisiana, where its principal office is locatedat 317 Burgundy Street, Suite 11, NewOrleans, LA 70112, for a Certificate ofAuthority to do business in Pennsylvaniaunder the provisions of the PennsylvaniaBusiness Corporation Law of 1988.The registered office in Pennsylvania is locat-ed at c/o CT Corporation System, DauphinCounty, Pennsylvania. a5

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority wasfiled with the PA Dept. of State on 07/21/11by BAE Systems Controls Inc., a foreigncorporation formed under the laws of the Stateof DE with its principal office located at 1209Orange St., Wilmington, DE 19801, to dobusiness in PA under the provisions of theBusiness Corporation Law of 1988. The registered office in PA shall be deemedfor venue and official publication purposes tobe located in Dauphin County. a5

NOTICE IS HEREBY GIVEN that, pur-suant to the provisions of Section 4129 of theBusiness Corporation Law of 1988, TheAndersons Technologies, Inc., a corporationof the State of Michigan, with principal officelocated at Catherine M. White, P.O. Box 119,480 W. Dussel Drive, Maumee, OH 43537,and having a Commercial Registered officeProvider and county of venue as follows:National Registered Agents, Inc., DauphinCounty, which on July 5, 2000, was granted aCertificate of Authority, to transact business inthe Commonwealth, intends to file anApplication for Termination of Authority withthe Department of State. a5

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania,at Harrisburg, PA, on July 26, 2011, byNational Older Worker Career Center,Inc., a foreign nonprofit corporation formedunder the laws of the District of Columbia,where its principal office is located at 3811 N.Fairfax Drive, Arlington, VA 22203, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Nonprofit Corporation Law of1988, exclusively to provide employmentopportunities for workers age 55 and over.The registered office in Pennsylvania is locat-ed at c/o CT Corporation System, DauphinCounty, Pennsylvania. a5

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with thePennsylvania Department of State on or aboutMay 20, 2011 for a nonprofit corporation tobe known as Sent Ones, Inc., incorporatedunder the Business Corporation Law of 1988,15 Pa. C.S. Section 5306 et seq.The corporation shall have unlimited powerto engage in and to do any lawful act concern-ing any or all lawful business for which non-profit corporations may be incorporated underthe Business Corporation Law.

a5 BRINSER, WAGNER & ZIMMERMAN

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that ShirleyA. Deichert, Donald J. Shope, Faye A.Maulfair and Ray E. Shope, filed with theDepartment of State of the Commonwealth ofPennsylvania on July 13, 2011, registration ofthe following Fictitious Name: NORTHUNION STREET APARTMENTS underwhich they intend to do business at 35Overlook Circle, Elizabethtown, PA 17022,pursuant to the provisions of the Act ofAssembly of December 16, 1982, as amend-ed, Chapter 3, known as the “Fictitious NameAct”.

JOHN M. SMITH, Esq.GINGRICH, SMITH,

a5 KLINGENSMITH & DOLAN

NOTICE IS HEREBY GIVEN that anapplication for registration of a fictitiousname for Hale Haven Bed & Breakfast forthe conduct of business in Dauphin County,Pennsylvania, with the principal place ofbusiness being 1 Hales Lane, P.O. Box 106,Halifax, PA 17032, was filed with theDepartment of State of the Commonwealthof Pennsylvania at Harrisburg, Pennsylvania,on the 19th day of July, 2011, pursuant to theBusiness Corporation Law of 1988, asamended.The names and addresses of the interestedparties are as follows: William D. Hale, P.O.Box 106, Halifax, PA 17032.

EARL RICHARD ETZWEILER, Esq.Etzweiler & Associates105 North Front StreetHarrisburg, PA 17101

a5 (717) 234-5600

NOTICE IS HEREBY GIVEN that under54 Pa. C.S. an Application for Registration ofFictitious Name for LoanCare, conductingbusiness in Dauphin County, PA with its prin-cipal office located at 3637 Sentara Way,Virginia Beach, VA 23452, will be filed withthe Pennsylvania Dept. of State at Harrisburg,PA. The name and address of the entity that isparty to the registration is: FNF Servicing,Inc., 3637 Sentara Way, Virginia Beach, VA23452. a5

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on July5, 2011, a petition for Change of Name wasfiled in the Dauphin County Court ofCommon Pleas, requesting a decree to changethe name of: MALIK ZACHARY LOUISSHARPE to ZACHARY LOUIS SHARPE.

The Court has fixed the 19th day of SEP-TEMBER, 2011 at 9:00 a.m. at the DauphinCounty Courthouse, in the Chambers of theHonorable Bernard L. Coates, Jr., as the timeand place for the hearing on said Petitionwhen and where all persons interested mayappear and show cause, if any they have, whythe prayer of the said petitioner should not begranted.

LINDA J. OLSEN, Esq.Killian & Gephart, LLP

P.O. Box 886Harrisburg, PA 17108-0886

a5 (717) 232-1851

FIRST PUBLICATION

Fictitious Notices

FIRST PUBLICATION

Miscellaneous Notices

PUBLIC NOTICE

YOU ARE HEREBY NOTIFIED that onAugust 2, 2011, the Alternate FinancialRecovery Plan for the City of Harrisburg,Pennsylvania, prepared by Mayor Linda D.Thompson under the authority of theMunicipalities Financial Recovery Act, Act47 of 1987, as amended, was filed. It is openfor public inspection at the Office of the CitySolicitor, 10 North Second Street, Suite 402,Harrisburg, Pennsylvania 17101, during nor-mal business hours, and on the City’s websiteat www.harrisburgpa.gov.

Written comments on the Mayor’sRecovery Plan may be filed with the Officeof the City Solicitor, Suite 402, Rev. Dr.Martin L. King, Jr. City Government Center,10 North Second Street, Harrisburg,Pennsylvania, 17101, or emailed to (e-mail:[email protected]) until August 17,2011.

A public hearing on Mayor Thompson’sRecovery Plan will be held at 6:00 p.m. onAugust 11, 2011, at the John HarrisAuditorium, 2451 Market Street, Harrisburg,Pennsylvania, to receive public commentsconcerning the Plan. Those wishing to offertestimony should register their interest byAugust 9, 2011, with the Office of theSolicitor at the email or street addresses listedabove. If you are a person with a disabilityand wish to attend the hearing, and/or yourequire an accommodation (including transla-tion services) to participate in the proceed-ings, please contact the Office of the Mayor at(717) 255-3040 and the City will make everyeffort to provide reasonable accommodations.

Mayor Thompson’s Recovery Plan containsthe background of the requirements of Act 47,a discussion of the financial problems experi-enced by the City of Harrisburg, an analysis ofspecific areas examined, and a set of recom-mendations for implementation by the City.

Copies of the Mayor’s Alternate FinancialRecovery Plan have been filed with the Patriot

News and the Dauphin County Law Library(4th Floor, Front and Market Streets,Harrisburg, PA 17101), or are available fromthe Office of the City Solicitor at 10 NorthSecond Street, Suite 402, Harrisburg, PA17101, Phone: (717) 255-3065.

LINDA D. THOMPSONa5 Mayor of the City of Harrisburg


PENNSYLVANIA

CIVIL ACTION – LAW

CIVIL DIVISION

No. 2010-CV-10641-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

GREEN TREE CONSUMER DISCOUNTCOMPANY, Plaintiff

vs.

MICHAEL D. DELOACH andERIN DELOACH, Defendants

NOTICE

TO: MICHAEL D. DELOACH

YOU ARE HEREBY NOTIFIED that onAUGUST 13, 2010, Plaintiff, GREEN TREECONSUMER DISCOUNT COMPANY, fileda Mortgage Foreclosure Complaint endorsedwith a Notice to Defend, against you in theCourt of Common Pleas of DAUPHINCounty Pennsylvania, docketed to No. 2010-CV-10641-MF. Wherein Plaintiff seeks toforeclose on the mortgage secured on yourproperty located at 2441 DEER RUN DRIVE,HUMMELSTOWN, PA 17036 whereuponyour property would be sold by the Sheriff ofDAUPHIN County.

YOU ARE HEREBY NOTIFIED to pleadto the above referenced Complaint on orbefore twenty (20) days from the date of thispublication or a Judgment will be enteredagainst you.

FIRST PUBLICATION


NOTICE

IF YOU WISH TO DEFEND, you mustenter a written appearance personally or byattorney and file your defenses or objectionsin writing with the court. You are warned thatif you fail to do so the case may proceed with-out you and a judgment may be enteredagainst you without further notice for therelief 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 DONOT HAVE A LAWYER, GO TO OR TELE-PHONE THE OFFICE SET FORTHBELOW. THIS OFFICE CAN PROVIDEYOU WITH INFORMATION ABOUT HIR-ING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLETO PROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PER-SONS AT A REDUCED FEE OR NO FEE.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536 a5


PENNSYLVANIA


No. 2011 CV 5831 MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

METLIFE BANK NA, AS SUCCESSORTO EVERBANK REVERSEMORTGAGE LLC, Plaintiff

vs.

KIM M. SEIDEL, KNOWN SURVIVING HEIR OFKATHLEEN MATTER, DECEASED MORTGAGOR AND REAL OWNER, COLLEEN A. DERR,KNOWN SURVIVING HEIR OFKATHLEEN MATTER, DECEASEDMORTGAGOR AND REAL OWNER, JACK A. MATTER, JR., KNOWNSURVIVING HEIR OFKATHLEEN MATTER, DECEASEDMORTGAGOR AND REAL OWNERAND UNKNOWN SURVIVING HEIRSOF KATHLEEN MATTER, DECEASEDMORTGAGOR AND REAL OWNER,Defendants

TO: UNKNOWN SURVIVING HEIRSOF KATHLEEN MATTER,DECEASED MORTGAGOR ANDREAL OWNER

PREMISES SUBJECTTO FORECLOSURE:

780 SOUTH 59TH STREETHARRISBURG, PENNSYLVANIA 17111

NOTICE

IF YOU WISH TO DEFEND, you mustenter a written appearance personally or byattorney and file your defenses or objectionsin writing with the court. You are warned thatif you fail to do so the case may proceedwithout you and a judgment may be enteredagainst you without further notice for therelief requested by the Plaintiff. You maylose money or property or other rights impor-tant to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DONOT HAVE A LAWYER, GO TO OR TELE-PHONE THE OFFICE SET FORTHBELOW. THIS OFFICE CAN PROVIDEYOU WITH INFORMATION ABOUT HIR-ING A LAWYER.


FIRST PUBLICATION




(717) 232-7536

TERRENCE J. McCABE, Esq.MARC S. WEISBERG, Esq.

EDWARD D. CONWAY, Esq.MARGARET GAIRO, Esq.

McCabe, Weisberd and Conway, P.C.123 South Broad Street, Suite 2080

Philadelphia, Pennsylvania 19109a5 (215) 790-1010


PENNSYLVANIA


COMPLAINT IN EJECTMENT

No. 2011-CV-5401-EJ

DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKEDPASS-THROUGH CERTIFICATES,SERIES 2002-B10801 6th Street, Suite 130Rancho Cucamonga, CA 91730, Plaintiff

vs.

KEVIN WALKER OR OCCUPANTS3017 North Third StreetHarrisburg, PA 17110, Defendant(s)

TO: Kevin Walker or Occupants,Defendant(s)

PREMISES SUBJECT to Ejectment: 3017North Third Street, Harrisburg, PA 17110.

NOTICE

YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims set forthin the following, you must take action withintwenty (20) days after this Complaint andNotice are served, by entering a writtenappearance personally or by attorney and fil-ing in writing with the court your defenses orobjections to the claims set forth against you.You are warned that if you fail to do so thecase may proceed without you and a judgmentmay be entered against you by the court with-out further notice for any money claimed inthe complaint or for any other claim or reliefrequested by the plaintiff. You may losemoney or property or other rights important toyou.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DONOT HAVE A LAWYER GO TO OR TELE-PHONE THE OFFICE SET FORTHBELOW. THIS OFFICE CAN PROVIDEYOU WITH INFORMATION ABOUT HIR-ING A LAWYER. IF YOU CANNOTAFFORD TO HIRE A LAWYER, THISOFFICE MAY BE ABLE TO PROVIDEYOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGALSERVICES TO ELIGIBLE PERSONS AT AREDUCED FEE OR NO FEE.



(717) 232-7536

MARTHA E. VON ROSENSTIEL, Esq.Martha E. Von Rosenstiel, P.C.

649 South Avenue, Suite 6 Secane, PA 19018

a5 (610) 328-2887

FIRST PUBLICATION



PENNSYLVANIA

IN DIVORCE

No. 2010 CV-7909-DV

CARMEN N. MALDONADO, Plaintiff

vs.

JOSE ANIBAL GARCIA, Defendant

NOTICE TO DEFEND AND CLAIM RIGHTS

YOU HAVE BEEN SUED IN COURT. Ifyou wish to defend against the claims setforth in the following, you must take promptaction. You are warned that if you fail to doso, the case may proceed without you and adecree of divorce or annulment may beentered against you by the court. A judgmentmay also be entered against you for anyother claim or relief requested in thesepapers by the plaintiff. You may lose moneyor property or other rights important to you,including custody or visitation of your children.

When the ground for divorce is indignitiesor irretrievable breakdown of the marriage,you may request marriage counseling. A listof marriage counselors is available in theoffice of the Prothonotary on the first floor ofthe Dauphin County Courthouse, Harrisburg,Dauphin County, PA 17101.

IF YOU DO NOT FILE A CLAIM FORALIMONY, DIVISION OF PROPERTY,LAWYER’S FEES OR EXPENSESBEFORE A DIVORCE OR ANNULMENTIS GRANTED, YOU MAY LOSE THERIGHT TO CLAIM ANY OF THEM.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DONOT HAVE A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITHINFORMATION ABOUT HIRING ALAWYER.

IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLETO PROVIDE YOU WITH INFORMA-TION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLEPERSONS AT A REDUCED FEE OR NOFEE.



(717) 232-7536 a5


PENNSYLVANIA

No. 2011-CV-1530-NC

PETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that on May 11, 2011, the Petition of Marco A.Rivas-Plata a/k/a Mark A. Rivas-Plata wasfiled in the above named court, requesting adecree to change his name from Marco A.Rivas-Plata to Mark A. Rivas.

The Court has fixed August 15, 2011 inCourtroom No. 9, at 9:00 a.m. DauphinCounty Courthouse, Front and Market Streets,Harrisburg, PA as the time and place for thehearing on said Petition, when and where allpersons interested may appear and show causeif any they have, why the prayer of the saidPetition should not be granted. a5

FIRST PUBLICATION



PENNSYLVANIA


No. 2009-CV-10842-NT

PENNSYLVANIA STATE EMPLOYEESCREDIT UNION, Plaintiff

vs.

STEVE C. HAMMOND, Defendant

IMPORTANT NOTICE

TO: STEVE C. HAMMOND

YOU ARE IN DEFAULT BECAUSE YOUHAVE FAILED TO ENTER A WRITTENAPPEARANCE PERSONALLY OR BYATTORNEY AND FILE IN WRITINGWITH THE COURT YOUR DEFENSES OROBJECTIONS TO THE CLAIMS SETFORTH AGAINST YOU. UNLESS YOUACT WITHIN TEN (10) DAYS FROM THEDATE OF THIS NOTICE, A JUDGMENTMAY BE ENTERED AGAINST YOUWITHOUT A HEARING AND YOU MAYLOSE YOUR PROPERTY OR OTHERIMPORTANT RIGHTS.

YOU SHOULD TAKE THIS NOTICE TOA LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER, GO TO OR TELE-PHONE THE FOLLOWING OFFICE SETFORTH BELOW. THIS OFFICE CAN PRO-VIDE YOU WITH INFORMATION ABOUTHIRING A LAWYER.




(717) 232-7536

SHAWN M. LONG, Esq.Barley Snyder LLC

126 East King StreetLancaster, PA 17602-2893

a5 (717) 299-5201


PENNSYLVANIA

CHANGE OF NAME HEARING

NOTICE IS HEREBY GIVEN that a hear-ing on the Petition of HELEN WATLEY tochange her name to HELEN ACEVEDO,will be held on September 19, 2011, at 9:00A.M., in the Dauphin County Courthouse,Courtroom No. 9, Second Floor, Front andMarket Streets, Harrisburg, Pennsylvania.

All parties having an interest in this matterare required to be in attendance.

CHARLES E. PETRIE, Esq.3528 Brisban Street

Harrisburg, PA 17111a5 (717) 561-1939


PENNSYLVANIA

No. 2007-CV-13760-MF

NOTICE OF SHERIFF’S SALE

PHH MORTGAGE CORPORATION,Plaintiff

vs.

DAMION L. BARBER, SR., Defendant

NOTICE

TO: DAMION L. BARBER, SR.

FIRST PUBLICATION


NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

BEING PREMISES: 1826 BRIGGSSTREET, HARRISBURG, PA 17103-1530.

BEING in SUSQUEHANNA Township,County of DAUPHIN Commonwealth ofPennsylvania.

TAX No. 15-014-023-000-0000.IMPROVEMENTS consist of residential

property.SOLD as the property of DAMION L.

BARBER, SR.YOU ARE HEREBY NOTIFIED that your

house (real estate) at 1826 BRIGGS STREET,HARRISBURG, PA 17103-1530 is scheduledto be sold at the Sheriff’s Sale on SEPTEM-BER 1, 2011 at 10:00 A.M., at the DAUPHINCounty Courthouse to enforce the CourtJudgment of $61,950.42 obtained by, PHHMORTGAGE CORPORATION (the mort-gagee), against the above premises.

PHELAN HALLINAN a5 & SCHMIEG, LLP


PENNSYLVANIA


No. 2009-CV-13061-NT


vs.

STEVE C. HAMMOND andTAMIKA N. IVORY, Defendants

IMPORTANT NOTICE

TO: STEVE C. HAMMOND

YOU ARE IN DEFAULT BECAUSE YOUHAVE FAILED TO ENTER A WRITTENAPPEARANCE PERSONALLY OR BY

ATTORNEY AND FILE IN WRITINGWITH THE COURT YOUR DEFENSES OROBJECTIONS TO THE CLAIMS SETFORTH AGAINST YOU. UNLESS YOUACT WITHIN TEN (10) DAYS FROM THEDATE OF THIS NOTICE, A JUDGMENTMAY BE ENTERED AGAINST YOUWITHOUT A HEARING AND YOU MAYLOSE YOUR PROPERTY OR OTHERIMPORTANT RIGHTS.





(717) 232-7536



a5 (717) 299-5201


PENNSYLVANIA


No. 2009-CV-15655-CV


vs.

VANESSA MAYSONET, Defendant

IMPORTANT NOTICE

FIRST PUBLICATION


TO: VANESSA MAYSONET






(717) 232-7536



a5 (717) 299-5201


PENNSYLVANIA


No. 2010 CV 7111-MF

PNC MORTGAGE, A DIVISION OF PNCBANK, N.A., s/b/m/t/ NATIONALCITY MORTGAGE, A DIVISION OFNATIONAL CITY BANK, Plaintiff

vs.

RYAN M. LUTZ and ALISON LUTZ,Defendants

NOTICE OF SHERIFF’S SALEOF REAL ESTATE PURSUANT TOPENNSYLVANIA RULE OF CIVIL

PROCEDURE 3129.1

TO: Ryan M. Lutz andAlison Lutz117 Kestrel CourtHummelstown, PA 17036

AND: ALL LIEN HOLDERS

TAKE NOTICE that by virtue of the aboveWrite of Execution issued out of the Court ofCommon Pleas of Dauphin County,Pennsylvania and to the Sheriff of DauphinCounty, directed, there will be exposed toPublic Sale in Dauphin CountyAdministration Building, Second and MarketStreets, Commissioners Hearing Room, 4thFloor, Harrisburg, PA 17101 on October 20,2011 at 10:00 A.M., the following describedreal estate, of which Ryan M. Lutz and AlisonLutz are owners or reputed owners:

South Hanover Township, County ofDauphin and Commonwealth ofPennsylvania, HET a dwg k/a 117 KestrelCourt, Unit No. 59, Hummelstown, PA 17036.Parcel No. 56-020-033.

The said Writ of Execution has issued on ajudgment in the mortgage foreclosure actionof PNC Mortgage, et al. vs. Ryan M. Lutz, etal. at No. 2010 CV 7111 MF in the amount of$533,514.81.

FIRST PUBLICATION


Claims against property must be filed at theOffice of the Sheriff before above sale date.

Claims to proceeds must be made with theOffice of the Sheriff before the sale date.

Schedule of Distribution will be filed withthe Office of the Sheriff no later than thirty(30) days from sale date.

Exceptions to Distribution or a Petition toSet Aside the Sale must be filed with theOffice of the Sheriff no later than ten (10)days from the date when Schedule ofDistribution is filed in the Office of theSheriff.

The Writ of Execution has been issuedbecause there is a judgment against you. Itmay cause your property to be held or taken topay the judgment. You may have legal rightsto prevent your property from being taken. Alawyer can advise you more specifically ofthese rights. If you wish to exercise yourrights you must act promptly.

YOU SHOULD TAKE THIS NOTICEAND THE WRIT OF EXECUTION TOYOUR LAWYER AT ONCE. IF YOU DONOT HAVE A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW TOFIND OUT WHERE YOU CAN GETLEGAL ADVICE.



(717) 232-7536

You may have legal rights to prevent theSheriff’s Sale and the loss of your property. Inorder to exercise those rights, prompt actionon your part is necessary. A lawyer may beable to help you.

You may have the right to prevent or delaythe Sheriff’s Sale by filing, before the saleoccurs, a petition to open or strike the judg-ment or a petition to stay the execution.

If the judgment was entered because youdid not file with the Court any defense orobjection you might have within twenty (20)days after service of the Complaint forMortgage Foreclosure and Notice to Defend,you may have the right to have the judgmentopened if you promptly file a petition with theCourt alleging a valid defense and a reason-able excuse for failing to file the defense ontime. If the judgment is opened, the Sheriff’sSale would ordinarily be delayed pending atrial of the issue of whether the Plaintiff has avalid claim for foreclose the Mortgage.

You may also have the right to have thejudgment stricken if the Sheriff has not madea valid return of service of the Complaint andNotice to Defend or if the judgment wasentered before twenty (20) days after serviceor in certain other events. To exercise thisright, you would have to file a petition tostrike the judgment.

You may also have the right to petition theCourt to stay or delay the execution and theSheriff’s Sale if you can show a defect in theWrit of Execution or service or demonstrateany other legal or equitable right.

You may also have the right to have theSheriff’s Sale set aside if the property is soldfor a grossly inadequate price or if there aredefects in the Sheriff’s Sale. To exercise thisright, you should file a petition with the Courtafter the sale and before the Sheriff has deliv-ered his Deed to the property. The Sheriff willdeliver the Deed if no petition to set aside thesale is filed within ten (10) days from the datewhen the Schedule of Distribution is filed inthe Office of the Sheriff.

THIS FIRM IS A DEBT COLLECTORATTEMPTING TO COLLECT A DEBT.

ANY INFORMATION WE OBTAINWILL BE USED FOR THAT PURPOSE.

IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN

BANKRUPTCY, THIS CORRESPONDENCE IS NOT

AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT

A DEBT, BUT ONLY ENFORCEMENTOF A LIEN AGAINST PROPERTY.

FIRST PUBLICATION


ORDER

AND NOW, this 7th day of February, 2011,upon consideration of Plaintiff’s Motion forSpecial Service, it is hereby ORDERED thatplaintiff is directed to serve the Complaint inMortgage Foreclosure and all further plead-ings upon defendant Alison Lutz by sending acertified copy of the complaint and all furtherpleadings by regular mail and certified mail,return receipt requested to defendant’s lastknown address located at 117 Kestrel Court,Hummelstown, PA 17036; by posting on themost public part of the subject premises locat-ed at 117 Kestrel Court, Hummelstown, PA17036 and by publication in the DauphinCounty Reporter and in one newspaper ofgeneral circulation within Dauphin County,Pennsylvania according to Pa. R.C.P.430(b)(1). Proof of service shall be filed withthe Prothonotary.

/s/ LOUIS P. VITTI, Esq.215 Fourth Avenue

Pittsburgh, PA 15222a5 (412) 281-1725


PENNSYLVANIA


No. 2008-CV-10768-CV


vs.

MICHAEL S. FELTON, Defendant

IMPORTANT NOTICE

TO: MICHAEL S. FELTON






(717) 232-7536



a5 (717) 299-5201

FIRST PUBLICATION


NOTICE OF AUDIT

TO LEGATEES, NEXT OF KIN,CREDITORS AND ALL

OTHER PERSONS CONCERNED

NOTICE IS HEREBY GIVEN that the following accounts have been filed by therespective accountants in the Office of theRegister of Wills or with the Clerk of theOrphans’ Court Division of the CommonPleas of Dauphin County, as the case may be,and that the same shall be duly presented tothe said Orphans’ Court Division at the Officeof the Court Administrator for Audit,Confirmation and Distribution of the saidascertained balances to and among thoselegally entitled there to on Tuesday, August16, 2011. Pursuant to Dauphin CountyOrphans’ Court Rule 6.10.1, objections to anaccount must be filed in writing with theRegister or Clerk no later than the close ofbusiness on Tuesday, August 9, 2011.

1. BAISDEN, SHARON S., Deceased,First and Partial Account of Gail W.Raymond and Charles B. Zwally,Executors.

2. COOL, EDWARD E., Deceased, Firstand Final Account of Ann Miller,Executrix.

3. GOLDSMITH, DIANNE M., De-ceased, First and Final Account ofJonathan D. Forry, Administrator.

Dated: July 8, 2011

/s/ Sandra C. SnyderRegister of Wills and

y29-a5 Clerk of the Orphans’ Court Division

SECOND PUBLICATION


DAUPHIN COUNTY TAX SALE NOTICEDAUPHIN COUNTY TAX CLAIM BUREAU

SEPTEMBER 19, 2011

TO: Owners of property described in this notice, and all persons having liens,judgments, or municipal or other claims against such properties.

NOTICE is hereby given by the DAUPHIN COUNTY TAX CLAIM BUREAU inand for the COUNTY OF DAUPHIN under the Act of 1947, P. L. 1368, as amended[“ACT”] that the Bureau will expose at public sale in the Crowne Plaza Hotel, 23 SouthSecond Street, in the City of Harrisburg, Pennsylvania at 6:00 P.M., D. S. T., onSeptember 19, 2011; or any date to which the sale may be adjourned, re-adjourned orcontinued, for the purpose of collecting unpaid taxes to and including 2009, 2010 and2011, municipal claims and all costs thereto on the following described real estate forat least the upset price in the amount herein below approximately set forth. TheRecorders Costs, Real Estate Transfer Taxes and Prothonotary Fee will also becollected at the sale.

The sale of these properties may, at the OPTION of the Bureau, be stayed if theOWNER thereof or any lien creditor of the owner, prior to the actual sale, (1) enters intoan agreement with the BUREAU to pay the tax claims and tax judgment and the interestand costs of the taxes returned to date in the manner provided by the Act and theagreement to be entered into or, (2) pays in full all taxes which have become absoluteand all charges and interest due on the taxes.

There will be NO REDEMPTION PERIOD after such sale, but these taxes andcosts can be paid in full up to 4:30 P.M. on the date of sale, September 19, 2011, at theDauphin County Tax Claim Bureau, Dauphin County Administration Building, FirstFloor, 2 South Second Street, Harrisburg, PA.

BUYERS WILL PURCHASE ALL PROPERTIES UNDER AND SUBJECT TOLIENS OF EVERY RECORDED OBLIGATION, CLAIM, LIEN, MORTGAGE,ESTATE, GROUND RENT and COMMONWEALTH TAX LIEN NOT INCLUDED INTHE UPSET PRICE.

It is STRONGLY urged that the purchasers have an examination made of the titleto any property in which they may be interested. The Tax Claim Bureau is selling thetaxable interest and the property is offered by the Tax Claim Bureau without anyguarantee or warranty whatsoever, either as to structure or lack of structure upon theland, liens, title or any other matter or thing whatsoever.

TERMS OF SALE: Cash or check, payable to “TAX CLAIM BUREAU” at thetime the property is struck down. Personal checks received subject to final payment atrisk of payer.

ALL POTENTIAL BIDDERS PLEASE NOTE: If you are planning on attendingthe tax sale, you must be at least 18 years old to register to bid. No one under the ageof 18 will be admitted to the tax sale.

F. R. MARTSOLF, Solicitor STEVEN L. HOWE, DirectorTax Claim Bureau Tax Claim Bureau

The information contained in this listing is as of the close of business of theDauphin County Tax Claim Bureau Friday, July 22, 2011. a5

UPSET SALE CONDITIONS

The following conditions shall govern the sale of properties by the Dauphin County TaxClaim Bureau for delinquent taxes as scheduled for September 19, 2011 at 6 P.M. and to suchdate to which the sale may be adjourned. If necessary, the sale may be adjourned from week

to week. The Sale will be held at the Crowne Plaza Hotel, 23 South Second Street,Harrisburg, Pennsylvania.

1) Bidder Registration for the sale will be from 3:00 P. M. to 6 P. M. at the Crowne Plaza and willclose immediately before the sale. Photo ID must be presented at registration.

2) The initial bid must equal the fixed upset price. If the taxes for the current year are not includedin the upset price, the purchaser must pay the taxes for the current year to the local collector.

i) In addition to the upset price, the purchaser must pay the 2% State Realty Transfer Tax,calculated in accordance with applicable valuation regulations, and the recording fee.

ii) Acknowledgement, Recording Fee and Preparation of the Deed. These items willbe computed after the property has been struck down to the successful bidder. Theupset price, the transfer tax and the recording fee, acknowledgement, and preparationof the deed fee MUST BE PAID AT THE TIME OF THE SALE. At the option of theTax Claim Bureau the purchaser shall pay either by cash, or a personal/business check(see paragraph #13) paid to the order of the Tax Claim Bureau.

3) Parcels listed for sale will be removed from the list if the delinquent 2009 and prior years taxesare paid before 4:30 P.M. on the date scheduled for sale. Payments for these delinquent taxesmust be paid in the form of cash, money order or certified check.

4) The Bureau will sell the property as described on the dockets in the Tax Claim Bureau, andmakes no representation or warranty a

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