the dauphin county reporter · 2007-01-31 · 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. 5591, Vol. 123 February 2, 2007 No. 44

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

Santiago v. PennDOT 286Bar Association Page Inside Back Cover

Pages 286-291

36 Years in Harrisburg

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 122 ________________$125.00Advance Sheets, Volume 123 ________$ 90.00For MEMBERS of the

Dauphin County Bar Association:Bound Volume 122 ________________$ 90.00Advance Sheets, Volume 123 ________$ 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 MICHAEL J. DONELAN, JR.,late of Middletown, Dauphin County, Pennsyl-vania. Executrix: Jolene M. Donelan. Attorneys:Pyfer, Straub, Gray & Farhat, 128 N. Lime Street,P.O. Box 1597, Lancaster, PA 17608-1597.

f2-f16

ESTATE OF JOHN E. MAURER, late ofGratz Borough, Dauphin County, Pennsylvania.Executor: Rodney Shade, 235 Matter Road,Lykens, PA 17048. Attorney: Gregory M.Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. f2-f16

ESTATE OF RUTH N. REICHENBACH, lateof Millersburg, Dauphin County, Pennsylvania.Executrix: Rena E. Wert, 608 Berrysburg Road,Millersburg, PA 17061. Attorney: Gregory M.Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. f2-f16

ESTATE OF WILLIAM C. HORVATH, late ofLower Paxton Township, Dauphin County,Pennsylvania. Co-Executors: Cheryl R. Pigeon,900-C King Russ Road, Harrisburg, PA 17109and William C. Horvath, Jr., 118 Carolyn Street,Harrisburg, PA 17112. Attorney: Theresa L.Shade Wix, Esq., Wix, Wenger & Weidner, 4705Duke Street, Harrisburg, PA 17109-3099. f2-f16

ESTATE OF AUDREY M. SLAYBAUGH,late of Lower Paxton Township, Dauphin County, Pennsylvania. Executrix: Dawn Knapp.Attorneys: Placey & Wright, 3631 North FrontStreet, Harrisburg, PA 17110. f2-f16

ESTATE OF MARK Z. GREENBERG, late ofLower Paxton Township, Dauphin County,Pennsylvania (died November 12, 2006).Administratrix: Patricia S. Greenberg. Attorney:Bruce J. Warshawsky, Esq., Cunningham &Chernicoff, P.C., 2320 North Second Street,Harrisburg, PA 17110. f2-f16

ESTATE OF FRANKLIN E. RADEL, late ofthe Township of Susquehanna, Dauphin County,Pennsylvania. Executrix: Marilyn K. Matthews, 7 Manorvale Court, Rockvale, MD 20853.Attorney: Theresa L. Shade Wix, Esq., Wix,Wenger & Weidner, 4705 Duke Street,Harrisburg, PA 17109-3099. f2-f16

ESTATE OF EFFIE S. HOYER, late of theCity of Harrisburg, Dauphin County, Penn-sylvania. Executor: Kurt R. Williams, 441 Tom’sRoad, Harrisburg, PA 17112. f2-f16

ESTATE OF GUY J. PALMERI, late ofSwatara Township, Dauphin County, Pennsyl-vania (died January 9, 2007). Executor: Guy S.Palmeri. Attorney: David C. Miller, Esq., 1100Spring Garden Drive, Suite A, Middletown, PA17057. Phone (717) 939-9806. f2-f16

ESTATE OF JOYCE N. UFFELMAN, late ofSusquehanna Township, Dauphin County, Penn-sylvania. Executor: Jon Scott Uffelman, 3511 N.Fourth Street, Harrisburg, PA 17110. f2-f16

ESTATE OF EUGENE E. ENGLE, late ofLondonderry Township, Dauphin County, Penn-sylvania (died January 10, 2007). Executor:Donald Engle, 4053 River Road, Middletown,PA 17057. Attorney: John S. Davidson, Esq., 320West Chocolate Avenue, P.O. Box 437, Hershey,PA 17033-0437. f2-f16

ESTATE OF MARY R. BLOOM, late of theCity of Harrisburg, Dauphin County, Penn-sylvania (died December 30, 2006). Co-Executors: Frederick D. Bloom and Peter B.Bloom. Attorney: Shaun R. Eisenhauer, Esq.,McNees Wallace & Nurick LLC, 100 Pine Street,P.O. Box 1166, Harrisburg, PA 17108. Phone(717) 232-8000. f2-f16

ESTATE OF WALTER M. KUNTZ, late ofWest Hanover Township, Dauphin County,Pennsylvania. Executor: Harvey W. Kuntz, 7628E. Appalachian Trail, Harrisburg, PA 17112.Attorneys: Butler Law Firm, 500 North ThirdStreet, P.O. Box 1004, Harrisburg, PA 17108.

f2-f16

FIRST PUBLICATION

Estate Notices

ESTATE OF BILLIE BARBARA HARTSELLE,late of the Borough of Middletown, DauphinCounty, Pennsylvania (died December 28, 2006).Executor: Mark D. DeArmond, 108 Canal Street,Middletown, PA 17057. Attorney: John S.Davidson, Esq., 320 West Chocolate Avenue,P.O. Box 437, Hershey, PA 17033-0437. f2-f16

ESTATE OF EVELYN K. HEIL, late of DerryTownship, Dauphin County, Pennsylvania (diedJanuary 22, 2007). Executor: Joseph C. Heil,40623 North Key Lane, Anthem, AZ 85086.Attorney: Jean D. Seibert, Esq., Wion, Zulli &Seibert, 109 Locust Street, Harrisburg, PA 17101.

f2-f16

ESTATE OF SARAH H. BORTNER, late ofWest Hanover Township, Dauphin County,Pennsylvania. Executor/Trustee: Lawrence W.Bortner, Jr. Attorneys: Ahrens Law Firm, 52Gettysburg Pike, Mechanicsburg, PA 17055.

f2-f16

ESTATE OF MARY A. YODER, late ofWilliams Township, Dauphin County, Pennsyl-vania. Co-Executors: Carol Morancie, 8725Marina Avenue, Ocean Springs, MS 39564 andRobert C. Yoder, 1901 Liverpool Drive, Plano,TX 75025. Attorney: Gregory M. Kerwin, Esq.,Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. f2-f16

ESTATE OF MARTHA MORGAN, late of theTownship of Lykens, Dauphin County, Penn-sylvania (died December 29, 2006). Executor:Albert N. Morgan, 220 Moon Lane, Lykens, PA17048. Attorney: Joseph D. Kerwin, Esq.,Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. f2-f16

ESTATE OF JOHN R. MONDORF a/k/aJOHN ROBERT MONDORF a/k/a JACK R.MONDORF, late of the Township of Swatara,Dauphin County, Pennsylvania. Executrix: MaryL. Deibler, 245 Plan Road, York Springs, PA17372. f2-f16

286 DAUPHIN COUNTY REPORTS [123 Dauph.

Santiago v. PennDOT

Based upon the testimony of Mr. Branzburg, this court concluded thatthe time value of services rendered by Klehr Harrison to the bank, at thefirm’s standard billing rates, was $204,284.65 through the end ofOctober, 2005, which amount excluded time for trial preparation as wellas the actual trial. This award was based upon the evidence presented, aswell as from the court’s own experience and its oversight of this litiga-tion. This court further specifically found that the legal services provid-ed by Klehr Harrison to the bank were of high quality; that the amountof time spent on the matter was reasonable and that the hourly rates werecomparable to prevailing rates in the community during the relevanttime. Accordingly, we find the award was proper.

_______o_______

Santiago v. PennDOT

Administrative law — License suspension — Notice — Procedural due process.

Petitioner appealed a Pennsylvania Department of Transportation(PennDOT) order suspending his license to operate an Official EmissionInspection Station, claiming that the suspension order failed to provideadequate notice of violations. The Court agreed, finding that proceduraldue process requires a licensee to be apprised of the facts underlying thealleged violations prior to a de novo hearing at the trial court.

1. PennDOT must provide sufficient and correct information to a licensee before it cansuspend a person’s license. The opportunity to request a continuance and file a Motion fora Bill of Particulars will not cure a due process defect. The test for adequacy of notice inaccordance with procedural due process is not whether the licensee can correct the defec-tive notices through diligent investigation. The notices themselves must, on their face, pro-vide the Petitioner “sufficient information and explanation to allow the licensee to defendagainst the charges contained therein.” Commonwealth v. Dunn, 819 A.2d 189, 193 (Pa.Cmwlth. 2003).

Motion to Sustain Appeal. C.P., Dau. Co., No. 2006 CV 713 LS.Appeal sustained.

Philip L. Zulli, for Petitioner

David Markowitz, for Respondent

CLARK, J., December 27, 2006. – AND NOW, upon careful reviewand consideration of the Petitioner’s Motion to Sustain Appeal forFailure to Provide Adequate Notice of Violations, and the respectiveBriefs submitted by the parties in support and in opposition thereto, theCourt makes the following Findings, Conclusions and Order.

286 (2006)] DAUPHIN COUNTY REPORTS 287

Santiago v. PennDOT

The Petitioner, Mr. Santiago, is appealing an Order (SuspensionOrder), from the Pennsylvania Department of Transportation(PennDOT), dated January 19, 2006, which suspends his license to oper-ate an Official Emission Inspection Station. The Petitioner claims thatthe Suspension Order violated the Petitioner’s Constitutional dueprocess rights because it did not sufficiently apprise the Petitioner of thereasons for the suspension. The Petitioner claims that without knowingthe reasons for the suspension, he cannot properly prepare his appeal fortrial.

In the seminal case of Commonwealth v. Dunn, 819 A.2d 189(Pa.Cmwlth. 2003), PennDOT suspended Mr. Dunn’s driver’s licensebecause he was convicted of numerous drug offenses. However, thenotices of the suspensions contained the wrong date of the offenses andthe wrong date of the convictions. Further, the suspension notices weresent almost seven (7) years after the conviction dates.

Mr. Dunn filed an appeal and was granted a de novo hearing. At thehearing, PennDOT argued that the suspensions should be imposedbecause it was the criminal sentencing court that put the wrong dates onthe conviction notices and then failed to send said notices to PennDOTfor seven (7) years. Mr. Dunn argued that the delay, as well as the erro-neous information, failed to provide him with proper notice and there-fore violated his procedural due process rights.

The Commonwealth Court explained the standard for procedural dueprocess in such instances, stating:

Adequate notice for procedural due process purposesrequires at a minimum that the notice contain a sufficientlisting and explanation of the charges against an individ-ual. . . . In Fiore v. Board of Finance and Revenue, 534Pa. 511, 633 A.2d 1111 (1993), the Supreme Court notedthat due process also required that notice of hearing mustbe reasonable in terms of giving the taxpayer in that casean opportunity to prepare a response to the issues thatthe Commonwealth raised, particularly after a long peri-od of litigation.

Commonwealth v. Dunn, 819 A.2d 189, 193 (Pa.Cmwlth.2003) citations omitted, emphasis original.

Based upon this standard, the Commonwealth Court deter-mined that, “Given the multiple, repetitive errors in the suspension


Santiago v. PennDOT

notices that Dunn received in this case, the Court must conclude that the notices are wholly inadequate to satisfy the foregoing dueprocess requirements.” Id. The Court added that Mr. Dunn’s right to due process could not be abrogated merely because the source of the misinformation was the original sentencing court and notPennDOT. Id.

In the present case, we have reviewed the Suspension Order and notethat it merely notifies the Petitioner that his license has been suspended.Although the Suspension Order lists the violations (Faulty Inspection ofEquipment, Improper Record Keeping, and Careless Record Keeping)there is no explanation of the underlying facts which form the basis ofthese alleged violations. For example, there is no mention of which vehi-cles and on which dates the Petitioner allegedly committed faultyinspections. Further, the Suspension Order does not detail whichrecords, on which dates, or about which vehicles are alleged to beimproper. The rhetorical question comes immediately to mind, “how canthe Petitioner possibly know what records or inspections PennDOT isreferring to?” Therefore, we find that the Suspension Order issued byPennDOT, on its face, does not meet the Dunn procedural due processstandard of giving the Petitioner a reasonable explanation of the chargesagainst him.

In its Brief, PennDOT attempts to distinguish Dunn from the case atbar. PennDOT agrees that Dunn stands for the proposition thatPennDOT cannot provide false information to a Petitioner. We certainly concur with that proposition. However, PennDOT appears tosomehow further believe that the ruling in Dunn would not apply inthis instant case because there is no information in the SuspensionOrder that is “wrong.” Rather, there just was not any specific informa-tion at all!

However, the bed-rock constitutional mandates, and the developedcase law in conformance thereto, clearly establish that the SuspensionOrder is woefully deficient and does not provide anywhere nearenough information to the Petitioner. PennDOT now appears to be suggesting that it can avoid the overall Dunn holdings by merely notproviding ANY factual information in its official notice which formsthe basis for its (PennDOT’s) proposed administrative action. Thisrather incredible argument by the government is fundamentallyabsurd, and absolutely untenable.

Again, the rhetorical question emerges, “if PennDOT could provideno information, why would false information disqualify the


Santiago v. PennDOT

suspensions in Dunn?” We find that the direct, constitutional implication in Dunn is that PennDOT must supply sufficient and correct information to a licensee BEFORE it (PennDOT) can suspenda person’s license. This requirement on the government constitutes justplain fundamental fairness.

PennDOT also attempts to argue that any due process defect wouldbe cured by a de novo hearing. However, we find that procedural dueprocess requires that the Defendant be apprised of the facts underlyinghis alleged violations prior to the de novo hearing. As we just quotedabove, due process requires that the licensee have, “an opportunity toprepare a response to the issues that the Commonwealth raised.” Id.Springing the facts purportedly underlying the charges on theDefendant at the trial, is an unmitigated “trial by ambush” at that stageof the matter.

PennDOT next asserts that, prior to the issuance of the SuspensionOrder, the Defendant was given an opportunity to discover the details ofthe charges against him. PennDOT suggests that its Quality AssuranceOfficer, an administrative position within the PennDOT hierarchy,would have verbally told the Defendant the basis for the charges devel-oped during the investigation, and that the Defendant could have attend-ed a non-record proceeding known as an “investigatory hearing” prior tothe issuance of the suspension, at which time he would have been ver-bally provided such information.

However, that is not the posture of this case. PennDOT appears tohave forgotten that we are not sitting as an appellate Court, but rather asa de novo tribunal. Our jurisdiction, as established by the GeneralAssembly through statutory enactment, is based upon the Petitioner’sappeal from the government’s administrative decision, to wit, theSuspension Order. As such, PennDOT’s constitutional duty of dueprocess began with the Suspension Order itself, because that SuspensionOrder is the official listing of the charges for which the Petitioner’sEmmission Station license is actually being suspended. Whatever alle-gations PennDOT might have verbally conveyed to the Petitioner priorto the implementation of the Suspension Order are not allegations thatPennDOT is required to prove before our Court. Therefore, those allegedpre-Suspension Order disclosures do not relieve PennDOT of its legalduty to give official notice in the Suspension Order itself, and do notcure any post-Suspension Order due process defects. Otherwise, thealleged basis for the suspension becomes an amorphous mass, capableof being shaped and molded by the government at any stage in the pro-ceedings, to suit its own purposes.


Santiago v. PennDOT

PennDOT also claims that any due process defects were curedbecause an attorney for PennDOT provided the Petitioner with a copy ofthe computer-generated spreadsheet listing the vehicles that are allegedto have been improperly inspected/certified. Further, PennDOT arguesthat if the Petitioner felt he did not have enough information, he couldhave requested a continuance and filed a Motion for a Bill of Particulars.We are astounded by this assertion from PennDOT’s legal counsel, sincethe holding in Dunn specifically stated:

Nor is the Court persuaded by the Department’s argu-ment that the suspension notices were adequate becauseDunn could have ascertained the correct information byrequesting a “bill of particulars” or by requesting acontinuance of the proceedings. The test for adequacyof notice in accordance with procedural due process isnot whether the licensee can correct the informationcontained in the defective notices through diligentinvestigation, but rather whether the notices containsufficient information and explanation to allow thelicensee to defend against the charges contained there-in.

Commonwealth v. Dunn, 819 A.2d 189, 193 (Pa.Cmwlth.2003) citations omitted, emphasis added.

Therefore, the notices themselves, (in this case the Suspension Order)must, on their face, provide the Petitioner “sufficient information andexplanation to allow the licensee to defend against the charges containedtherein.” Id. Quite frankly, the government’s original actions, coupledwith its response to these proceedings, is disheartening, to say the least.We are constrained to wonder if the Governor and his General Counselare aware of these types of fundamentally indefensible actions and posi-tions being advanced by an agency within the Executive Branch of theCommonwealth government.

Whatever information PennDOT may have provided the Petitionerdoes not cure the defects of the official notice (Suspension Order). As the Petitioner stated in his Brief, “Moreover, given the totalabsence of specificity within the Department’s notice, PennDOTis free at trial to present whatever evidence, from whatever time peri-od, for whatever vehicles it pleases, inasmuch as nothing within theofficial notice confines PennDOT to restrict what it presents at trial. . . . ” Petitioner’s Brief, September 20, 2006, p. 3. On these


Santiago v. PennDOT

salient points, the Petitioner is absolutely correct. Since PennDOT didnot specify the factual allegations upon which it based its suspensionsin its official notice of suspension, it did not limit what information itcould present at trial, and thereby presented the Petitioner with a virtually impossible burden of defense.

WHEREFORE, we find that pursuant to the fundamental provisionsof the Constitutions of this Commonwealth and the United States ofAmerica, the Petitioner’s due process rights were indeed violated, andhe is clearly entitled to relief. Therefore, pursuant to our Order of evendate herewith, we SUSTAIN the Petitioner’s Appeal in conformancewith the foregoing holdings.

ISSUED AT HARRISBURG, the 27th day of December, 2006.

ORDERAND NOW, to wit, this, 27th day of December, 2006, pursuant to our

Opinion of even date herewith, IT IS HEREBY ORDERED that thePetitioner’s Appeal is SUSTAINED.

_______o_______

ESTATE OF ELLAMAE STURGEON, late ofthe Township of Susquehanna, Dauphin County,Pennsylvania. Executor: Romona Harle. Attorney:Julie M. Cooper, Esq., 222 S. Market Street, Suite201, P.O. Box 267, Elizabethtown, PA 17022.

j26-f9

ESTATE OF GEORGE F. HARTZ, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died December 6, 2006). Executrix:Debra R. Loskamp, Harrisburg, PA. Attorney:Jacqueline A. Kelly, Esq., Jan L. Brown &Associates, 845 Sir Thomas Court, Suite 12,Harrisburg, PA 17109. Phone (717) 541-5550.

j26-f9

ESTATE OF PHYLLIS M. HOPWOOD, lateof Harrisburg, Dauphin County, Pennsylvania(died November 26, 2006). Executrix: Sheila H.Gropp. Attorney: Marielle F. Hazen, Esq., 2000Linglestown Road, Suite 202, Harrisburg, PA17110. j26-f9

ESTATE OF WILMER L. FUHRMAN a/k/aWILMER FUHRMAN, late of Middle PaxtonTownship, Dauphin County, Pennsylvania (diedDecember 28, 2006). Executrix: Joanne L.Fuhrman, P.O. Box 148, Halifax, PA 17032.Attorney: Lawrence J. Neary, Esq., 108-112Walnut Street, Harrisburg, PA 17101-1609.

j26-f9

ESTATE OF ROBERT P. SARASINI, late ofthe City of Harrisburg, Dauphin County, Penn-sylvania. Executor: Raymond J. Ulrich, 222Seneca Street, Harrisburg, PA 17108. Attorney:John R. Beinhaur, Esq., 3964 Lexington Street,Harrisburg, PA 17109. j26-f9

SECOND PUBLICATION

Estate Notices

ESTATE OF MERVIN G. HOLLAND, JR.,late of the City of Harrisburg, Dauphin County,Pennsylvania. Executor: Melvin G. Holland, III,44 Governors Lane, Princeton, NJ 08540.Attorney: Richard W. Stewart, Esq., Johnson,Duffie, Stewart & Weidner, 301 Market Street,P.O. Box 109, Lemoyne, PA 17043-0109. j26-f9

ESTATE OF MATTHEW N. COVERT, late ofConewago Township, Dauphin County, Pennsyl-vania. Executrix: Alma Irene Updegraff-Covert.Attorney: Darrell N. VanOrmer, Jr., Esq., the LawOffices of Darrell N. VanOrmer & Associates,344 South Market Street, Elizabethtown, PA17022. j26-f9

ESTATE OF MADELINE M. CAPITA, late ofthe Borough of Hummelstown, Dauphin County,Pennsylvania (died January 9, 2007). Executor:Joseph M. Capita, 502 Cherrington Drive,Harrisburg, PA 17110. Attorney: Francis A. Zulli,Esq., Wion, Zulli & Seibert, 109 Locust Street,Harrisburg, PA 17101. j26-f9

ESTATE OF GRACE A. BUDD, late ofHarrisburg, Dauphin County, Pennsylvania (diedOctober 29, 2006). Co-Executrices: MildredPoliner, 161 Douglas Road, Kutztown, PA 19530and Nancy J. Chacez, 512 Susan Road, CampHill, PA 17011. Attorney: Michael J. Wilson,Esq., 816 Derby Avenue, Camp Hill, PA 17011-8367. Phone (717) 774-7018. j26-f9

ESTATE OF LAWRENCE R. WIEDER, lateof Lower Paxton Township, Dauphin County,Pennsylvania (died November 11, 2006). Co-Executors: James M. Mead and Cheryl A.Wieder. Attorney: Elizabeth P. Mullaugh, Esq.,McNees Wallace & Nurick LLC, 100 Pine Street,P.O. Box 1166, Harrisburg, PA 17108-1166.Phone (717) 237-5243. j26-f9

ESTATE OF MARY A. BOWMAN, late of theBorough of Williamstown, Dauphin County,Pennsylvania (died December 11, 2006). Co-Executors: John T. Bowmnan, 451 MillersChurch Road, Halifax, PA 17032 and Linda L.Null, 406 West Market Street, Williamstown, PA17098. Attorney: Joseph D. Kerwin, Esq.,Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. j26-f9

ESTATE OF FRED D. MOORE, late ofOberlin Gardens, Dauphin County, Pennsylvania(died December 5, 2006). Executrix: Janet M.Bush, 564 Lincoln Street, Steelton, PA 17113.Attorney: Elizabeth L. Pettis, Esq., 213 MarketStreet, 8th Floor, Harrisburg, PA 17102. j26-f9

ESTATE OF NELSON G. SCHREFFLER, lateof Lower Paxton Township, Dauphin County,Pennsylvania. Executor: Douglas N. Schreffler,3230 Fishing Creek Valley Road, Harrisburg, PA17112. Attorney: Theresa L. Shade Wix, Esq.,Wix, Wenger & Weidner, 4705 Duke Street,Harrisburg, PA 17109-3099. j26-f9

ESTATE OF JEAN E. MARTIN a/k/a JEANELIZABETH MARTIN, late of Middletown,Dauphin County, Pennsylvania. Executor: DavidMartin, 36 Maple Street, Middletown, PA 17057.Attorney: Bridget M. Whitley, Esq., Skarlatos &Zonarich LLP, 17 South 2nd Street, 6th Floor,Harrisburg, PA 17101. j26-f9

ESTATE OF CLARENCE J. SCHLAUDERAFF,late of Swatara Township, Dauphin County,Pennsylvania (died November 1, 2006).Executrix: Elena Schlauderaff, 456 3rd Street,Enhaut, PA 17113. Attorney: Diane Dils, 1017 N.Front Street, Harrisburg, PA 17102. j26-f9

SECOND PUBLICATION

Estate Notices

ESTATE OF DOROTHY E. GARVER, late ofLower Swatara Township, Dauphin County,Pennsylvania (died November 3, 2006).Executor: Richard B. Swartz, 4820 Derry Street,Harrisburg, PA 17111. Attorney: Richard B.Swartz, Esq., 4820 Derry Street, Harrisburg, PA17111. j26-f9

ESTATE OF DIMITRIOS S. AVGERIOU, lateof Elateia, Greece. Co-Executrices: ConstantinaPolychronis and Magdalene McWatters.Attorney: James W. Kollas, Esq., Kollas andKennedy Law Offices, 1104 Fernwood Avenue,Camp Hill, PA 17011. j26-f9

THIRD PUBLICATION

ESTATE OF JACK M. RABIN, late ofDauphin County, Pennsylvania (died November13, 2006). Executrix: Sandra C. Rabin, 2103Fairview Lane, Harrisburg, PA 17112. Attorney:Elliot Strokoff, Esq., Strokoff & Cowden, P.C.,132 State Street, Harrisburg, PA 17101. j19-f2

ESTATE OF PHILIP W. PETERSON, late ofthe City of Harrisburg, Dauphin County, Penn-sylvania. Executor: Milan Bazdar, Jr., a/k/a MilanBazdar, 1795 Mountainview Road, Middletown,PA 17057. Attorney: Jeffrey R. Boswell, Esq.,Boswell, Tintner, Piccola & Alford, 315 NorthFront Street, P.O. Box 741, Harrisburg, PA17108-0741. j19-f2

ESTATE OF MILDRED H. KROECK, late ofthe Township of Susquehanna, Dauphin County,Pennsylvania. Executrix: Gloria Gaffney, 205West Caracas Avenue, Hershey, PA 17033.Attorney: Edward J. Arndt, Esq., 3805Schoolhouse Lane, Harrisburg, PA 17109. j19-f2

ESTATE OF JACK N. WARFIELD, late of theCity of Harrisburg, Dauphin County, Pennsyl-vania. Executor: Michael X. Warfield, 130 S.Arlington Avenue, Harrisburg, PA 17109.Attorney: David H. Stone, Esq., Stone LaFaver & Shekletski, P.O. Box E, New Cumberland, PA17070. j19-f2

ESTATE OF CUNG B. DUONG, late ofHarrisburg, Dauphin County, Pennsylvania (diedDecember 22, 2006). Executor: Huong Nguyen,556 South 19th Street, Harrisburg, PA 17104.Attorney: Edmund G. Myers, Esq., Johnson,Duffie, Stewart & Weidner, 301 Market Street,P.O. Box 109, Lemoyne, PA 17043. j19-f2

ESTATE OF PATSY R. DONMOYER, late ofLower Paxton Township, Dauphin County, Penn-sylvania (died December 9, 2006). Executrix:Sharon A. Ward. Attorney: Marielle F. Hazen,Esq., 2000 Linglestown Road, Suite 202,Harrisburg, PA 17110. j19-f2

ESTATE OF LILLIE J. TULLI, late of DerryTownship, Dauphin County, Pennsylvania.Executor: Dennis J. Tulli, RD #9, 19 LocustLane, Lebanon, PA 17042. Attorney: Michael H.Small, Esq., 201 South Railroad Street, P.O. Box113, Palmyra, PA 17078-0113. j19-f2

ESTATE OF JAMES W. COLEBAUGH a/k/aJAMES W. COLEBAUGH, SR., late of theBorough of Middletown, Dauphin County, Penn-sylvania (died February 26, 2006). Executor:James W. Colebaugh, Jr., 12020 BranscombRoad, Huntsville, AL 35803. Attorney: James D.Cameron, Esq., 1325 North Front Street,Harrisburg, PA 17102. j19-f2

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania for HY-TECH MACHINE, INC. on January 10,2007. The address of its principal office under thelaws of its jurisdiction is 874 Walker Road, SuiteC, Dover, DE 19904. The CommercialRegistered Office Provider is United CorporateServices, Inc. in the county of Dauphin. TheCorporation is filed in compliance with therequirements of the applicable provisions of 15Pa.C.S. 4124(b). f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theCommonwealth of Pennsylvania, in theDepartment of States Corporation Bureau. Thepurpose of the incorporation is to provide dumptruck service and to engage in any other lawfulbusiness a corporation may engage in. The nameof the corporation is Joe Miller’s Trucking, Inc.The business is incorporated pursuant to the pro-visions of the Business Corporation Law of 1988.

JOE MILLER, President1430 Paxton Church Road

Harrisburg, PA 17110f2 (717) 233-7947

NOTICE IS HEREBY GIVEN that GH MEDART, Ltd. with a CommercialRegistered Office Provider in care of CapitolCorporate Services, Inc. in Dauphin County,Pennsylvania does hereby give notice of windingup in voluntary dissolution proceedings as per 15Pa.C.S. 1977. This shall serve as official notice tocreditors and taxing authorities. f2

THIRD PUBLICATION

Estate Notices

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania,Harrisburg, Pennsylvania, on the ______th day ofNovember, 2004, for the purpose of obtaining aCertificate of Incorporation for a DomesticBusiness Corporation organized and existingunder the provisions of the Business CorporationLaw of the Commonwealth of Pennsylvania, Act1988, December 21, P.L. 1444, No. 177, §103,effective October 1, 1990, as amended from timeto time.The name of the corporation is: Kepler’s

Seafood, Inc.The purpose or purposes for which it was organ-ized are: The corporation shall have unlimitedpower to engage in and do any lawful act con-cerning any and all lawful business for whichcorporations may be incorporated under theBusiness Corporation Law, Act 1988, December21, P.L. 1444, No. 177, §103, effective October 1,1990, 15 Pa.C.S.A. Section 1101 et seq., asamended from time to time, including but notlimited to production and distribution of foodproducts.

JOSEPH A. CURCILLO, III, Esq.Beinhaur and Curcillo3964 Lexington Street

f2 Harrisburg, PA 17109

NOTICE IS HEREBY GIVEN that BOWDEN II, LLC, a Pennsylvania limited lia-bility company, under the provisions of thePennsylvania Limited Liability Company Law of1994, 15 Pa.C.S.A. §8901, as amended, with itsprincipal office at 5 Miller Road, Harrisburg,Pennsylvania, has filed a Certificate ofOrganization with the Department of State at theCommonwealth of Pennsylvania on January 18,2007. f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania atHarrisburg, Pennsylvania on January 12, 2007,for the purpose of obtaining a Certificate ofIncorporation for a corporation organized underthe Business Corporation Law of 1988. The nameof the corporation is KEH Enterprises, Inc.

JOHN S. DAVIDSON, Esq.Yost & Davidson

320 West Chocolate Avenuef2 Hershey, PA 17033

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theCommonwealth of Pennsylvania, Department ofState, at Harrisburg, Pennsylvania for the purposeof obtaining a Certificate of Incorporation.The name of the corporation organized under thePennsylvania Business Corporation Law of 1988, Act of December 21, 1988, P.L.1444, No. 177, as amended and supple-mented, is COMMONWEALTH FINANCIALASSOCIATES, LTD.

DEAN H. DUSINBERRE, Esq.Rhoads & Sinon LLP

12th FloorOne South Market Square

P.O. Box 1146f2 Harrisburg, PA 17108-1146

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState on December 28, 2006 for J & SFabrication, Inc., a corporation organized underthe Pennsylvania Business Corporation Law of1988.

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

P.O. Box 650f2 Hershey, PA 17033

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of State of the Commonwealth of Pennsylvania for KITHAERON ADVISORS, INC. onSeptember 18, 2006. The address of its principaloffice under the laws of its jurisdiction is 520West 48th Street, Suite 6J, New York, NY 10036.The Commercial Registered Office Provider isUnited Corporate Services, Inc. in the county ofDauphin. The Corporation is filed in compliancewith the requirements of the applicable provi-sions of 15 Pa.C.S. 4124(b). f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania on November 22, 2005, with respect to a proposednon-profit corporation. BIRTH WITHOUTBOUNDARIES, which has been incorporatedunder the nonprofit Corporation Law of 1988. Abrief summary of the purposes for which saidcorporation is organized is: Public Awareness ofChildbirth Choices. f2

NOTICE IS HEREBY GIVEN that LYKENSVALLEY GAZEBOS, LLC, a PennsylvaniaLimited Liability Company, with its principalplace of business at 178 Heckert Road,Millersburg, PA 17061, has filed a Certificate ofOrganization with the Department of State of theCommonwealth of Pennsylvania at Harrisburg,Pennsylvania. The Pennsylvania LimitedLiability Company is established under the provi-sions of the Pennsylvania Limited LiabilityCompany Law of 1994, 15 Pa.C.S. Sec. 8913, asamended.

TERRENCE J. KERWIN, Esq.Kerwin and Kerwin

27 North Front Streetf2 Harrisburg, PA 17101

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that IntegratedCash Management, LLC with a registeredoffice agent in care of National CorporateResearch, Ltd. in Dauphin County does herebygive notice of its intention to withdraw fromdoing business in this Commonwealth as per 15Pa.C.S. 8586. The address of its principal officeunder the laws of its jurisdiction is 930Ridgebrook Road, Sparks, MD 21152. This shallserve as official notice to creditors and taxingauthorities. f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg, Pennsylvania, for thepurpose of obtaining a Certificate ofIncorporation pursuant to the provisions of theBusiness Corporation Law of 1988, Act ofDecember 21, 1988, P.L. 1444, No. 177, asamended.The name of the corporation is EHPW

Acquisition Company.The Articles of Incorporation were filed on

October 10, 2006.

JAY W. WALDMAN, Esq.Salzmann Hughes, P.C.

3 Park Plazaf2 Wyomissing, PA 19610

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2007, byWELLS FARGO INSURANCE AGENCYOF MICHIGAN, INC., a foreign corporationformed under the laws of the State of Michigan,where its principal office is located at 3000Town Center, Suite 1900, Southfield, MI 48075,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

deemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for NEW KIND OF SERVICE, INC., acorporation, organized under the PennsylvaniaBusiness Corporation Law of 1988. f2

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed in the Department ofState of the Commonwealth of Pennsylvania forWayhu Enterprises, Inc. on January 19, 2007under the provisions of the PennsylvaniaBusiness Corporation Law of 1988, as amended.

f2

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with the Departmentof State of the Commonwealth of Pennsylvania,at Harrisburg, PA for Bruner’s Sign Service,Inc. The said corporation has been incorporatedunder the provisions of the BusinessCorporation Law of 1988 of the Commonwealthof Pennsylvania.

JOSEPH D. KERWIN, Esq.Kerwin & Kerwin

4245 Route 209f2 Elizabethville, PA 17023

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2007, byKENDRICK CF ACQUISITION INC., a for-eign corporation formed under the laws of theState of Delaware, where its principal office islocated at 21 Custom House Street, 10th Floor,Boston, MA 02110, 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


FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 17, 2007, bySAPIENT CORPORATION, a foreign corpo-ration formed under the laws of the State ofDelaware, where its principal office is located atc/o Corporation Service Company, 2711Centerville Road, Suite 400, Wilmington, DE19808, 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 IDEAL CONCEPTS, INC., a corpora-tion, organized under the Pennsylvania BusinessCorporation Law of 1988. f2

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 17, 2007, byWELLS FARGO INSURANCE SERVICESNORTHEAST, INC., a foreign corporationformed under the laws of the State of NewJersey, where its principal office is located at 7Giralda Farms, 2nd Floor, Madison, NJ 07940,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 Articles ofIncorporation were filed with the Department ofState for GF GAZELLE, INC., a corporation,organized under the Pennsylvania BusinessCorporation Law of 1988. f2

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2007, byCiteLine, Inc., a foreign corporation formedunder the laws of the State of Delaware, whereits principal office is located at 170 WestElection Road, Suite 201, Draper, UT 84020, 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 Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 17, 2007, byCHEVRON MIDCONTINENT HOLDINGSCOMPANY, a foreign corporation formed underthe laws of the State of Delaware, where its prin-cipal office is located at c/o Corporation ServiceCompany, 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. f2

NOTICE IS HEREBY GIVEN that SCCOSMO CORP., A Delaware Corporationintends to file an Application for Termination ofAuthority and the registered office is located atc/o Corporation Service Company, DauphinCounty, Pennsylvania. f2

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 12, 2007, by NRTTECHNOLOGIES, INC., a foreign corpora-tion formed under the laws of the State ofNevada, where its principal office is located at10 Compass Court, Toronto, ON M1S 5R3, fora Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is located

at 112 Market Street, Harrisburg, PA 17101.f2

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 11, 2007, byPRINCIPAL WELLNESS COMPANY, a for-eign corporation formed under the laws of theState of Indiana, where its principal office islocated at 711 High Street, De Moines, IA50392, 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, 2007, bySOLIANT HEALTH, INC., a foreign corpora-tion formed under the laws of the State ofGeorgia, where its principal office is located atOne Independent Drive, Jacksonville, FL 32202,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


FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN, to all personsinterested or who may be affected by PFICPennsylvania Agency, Inc., a Pennsylvania cor-poration, with a registered address at c/oCorporation Service Company, Dauphin County,has approved a proposal that the corporation vol-untarily dissolve, and that the Board of Directorsis now engaged in winding up and settling theaffairs of the corporation under the provisions ofSection 1975 of the Pennsylvania CorporationLaw of 1988, as amended. f2

NOTICE IS HEREBY GIVEN that pursuantto the provisions of Section 4129 of the Business Corporation Law of 1988, thatFLYING J TRANSPORTATION INC., a cor-poration incorporated under the laws of theState of Delaware, with principal office at 1104Country Hills Drive, Ogden, UT 84403, and aregistered office in Pennsylvania c/oCorporation Service Company, DauphinCounty, which on February 8, 1995, was grant-ed a Certificate of Authority to transact businessin the Commonwealth of Pennsylvania, intendsto file an Application for Termination ofAuthority with the Department of State. f2

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 5, 2007, by StandardInsurance & Realty Company, a corporationformed under the laws of the State of NorthCarolina where its principal office is located at1000 Benvenue Road, Rocky Mount, NC 27804,for a Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located in Dauphin County. f2

NOTICE IS HEREBY GIVEN that an application for registration of the fictitious name,C. Turner & Company, for conduct of businessin the Commonwealth of Pennsylvania, with itsprincipal place of business at 326 West ChocolateAvenue, Hershey, PA 17033, was made to theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, PA on or aboutDecember 27, 2006, pursuant to the FictitiousNames Act of December 16, 1982, Act 295 (54Pa.C.S.A. 301 et seq.). The name and address ofthe person owning or interested in said businessis: Charles Turner, 326 West Chocolate Avenue,Hershey, PA 17033.

HEATHER D. ROYER, Esq.Smigel, Anderson & Sacks, LLP

4431 North Front Streetf2 Harrisburg, PA 17110

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

CIVIL ACTION – LAW

No. 2006-CV-5182 QT

THE REDEVELOPMENT AUTHORITYOF THE CITY OF HARRISBURG, A PENNSYLVANIA REDEVELOPMENTAUTHORITY, Plaintiffvs.MATTIE FRANCE,HERCULES ENTERPRISES, INC.,JOSEPH L. WARD,NATIONAL TAX FUNDING,LEHMAN COMMERCIAL PAPER andTHE CITY OF HARRISBURG Defendants

TO: MATTIE FRANCE

FIRST PUBLICATION

Corporate Notices

FIRST PUBLICATION

Fictitious Notices

FIRST PUBLICATION

Miscellaneous Notices

NOTICE

YOU ARE HEREBY NOTIFIED that anAction to Quiet Title was brought against you inthe Court of Common Pleas of Dauphin County,filed to No. 2006-CV-5182 QT requesting thatyou be forever barred from asserting any right,title or interest in and to the real propertydescribed herein and that The RedevelopmentAuthority of the City of Harrisburg has extin-guished any right, lien, title or interest claimed byyou or any other person or persons to the premis-es as follows:

ALL THAT CERTAIN piece or parcel of land,situate in the Sixth Ward of the City ofHarrisburg, Dauphin County, Pennsylvania,bounded and described as follows:

BEGINNING at the northeast corner of Reilyand Fulton Streets; thence north along the easternline of Fulton Street fifty-five (55) feet to a point;thence eastwardly at right angles to Fulton Streettwenty-five (25) feet to a point on line of proper-ty 422 Reily Street; thence westwardly along thenorthern line of Reily Street twenty-five (25) feetto the place of BEGINNING.

HAVING thereon erected a three and one-halfstucco store and apartment building known asnumber 420 Reily Street together with the right touse an alley in rear and on eastern side of proper-ty 422 Reily Street in common with the ownersand occupiers of property abutting thereon.

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 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

STUART J. MAGDULE, Esq.Smigel, Anderson & Sacks, LLP


f2 (717) 234-2401


PENNSYLVANIA


No. 2006-CV-3436-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

CHASE HOME FINANCE LLC S/B/M TO CHASE MANHATTAN MORTGAGECORPORATION, Plaintiffvs.TIMOTHY R. CARLSON a/k/a TIMOTHY RAYMOND CARLSON, SR.a/k/a TIM R. CARLSON, Defendant

NOTICE

TO: TIMOTHY R. CARLSON a/k/a TIMOTHY RAYMOND CARLSON,SR. a/k/a TIM R. CARLSON

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate located at2314 CHESTNUT AVENUE, HARRISBURG,PA 17104 is scheduled to be sold at Sheriff’s Saleon Thursday, APRIL 12, 2007 at 10:00 A.M.,Dauphin County Administration Building, 4thFloor, Commissioners Hearing Room,Harrisburg, PA, to enforce the court judgment of$173,288.57, obtained by CHASE HOMEFINANCE LLC S/B/M TO CHASE MANHAT-TAN MORTGAGE CORPORATION (the mort-gagee).

FIRST PUBLICATION


ALL THAT CERTAIN tract or parcel of landand premises, situate, lying and being in the Cityof Harrisburg in the County of Dauphin andCommonwealth of Pennsylvania, more particu-larly described as follows:

PART I:

BEGINNING at a point on the southern line ofParkhill Lane, which point is 8.75 feet East of theEastern line of Twenty-Third Street; thencesouthwardly parallel with Twenty-Third Street,137 feet to a point on the northern line ofChestnut Street, formerly called at this locationPentwater Road; thence northeasterly along thenorthern line of Chestnut Street, 100.9 feet to apoint on the southern line of Parkhill Lane; andthence westwardly along the southern line ofParkhill Lane, 42.4 feet to a point, the place ofBEGINNING.

PART II:

BEGINNING at a point on the southern line ofParkhill Lane, which said point is on the dividingline between property conveyed by the InvestorsRealty Company to Frederick R. Smith, recordedin Deed Book W, Vol. 20, Page 20, and the prop-erty conveyed by investors Realty Company toJohn K. Harper and Helen E. Harper, his wife;thence westwardly along the southern line ofParkhill Lane, 10 feet to a point; thence in asoutherly direction 73.7 feet to a point on thedividing line between property now or formerlyof Frederick R. Smith and John K. Harper andwife, aforementioned, which said point is 73 feetSouth of Parkhill Lane; thence in a northerlydirection along the dividing line of property nowor formerly of Frederick R. Smith and John K.Harper and Helen S. Harper, his wife, 73 feet tothe place of BEGINNING.

HAVING THEREON ERECTED a two andone-half story frame and stucco house currentlyknown and numbered as 2314 Chestnut Street.

BEING the same premises which MaritzaRobert and John E. Lamb, husband and wife, bytheir deed dated July 21, 1999 and recorded in theDauphin County Recorder of Deeds Office inBook 3563, Page 630, granted and conveyed untoP. Kevin Brobson and Lauren E. Brobson, hiswife, Grantors herein.

TITLE TO SAID PREMISES IS VESTED INTimothy R. Carlson, adult individual, by Deedfrom P. Kevin Brobson and Lauren E. Brobson,his wife, dated 6/24/2004, recorded 7/6/2004, inDeed Book 5577, page 427.

BEING PREMISES 2314 CHESTNUTAVENUE, HARRISBURG, PA 17104.

IMPROVEMENTS consist of residential property.

SOLD as the property of TIMOTHY R.CARLSON a/k/a TIMOTHY RAYMONDCARLSON, SR. a/k/a TIM R. CARLSON.

CONDITIONS OF SALE: THE HIGHEST AND 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 compiled 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 notcompiled 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 MAY14, 2007, 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

f2 (215) 563-7000

FIRST PUBLICATION



PENNSYLVANIA

No. 4734 CV 2006

PETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that on October13, 2006, the Petition of Angela Oceguera, was filed in the above named court, requesting a decree to change her name from Angela Maria Oceguera to Maria OcegueraEshleman.

The Court has fixed February 20, 2007 inCourtroom No. 2, at 8:30 a.m., Dauphin CountyCourthouse, Front and Market Streets,Harrisburg, PA as the time and place for the hear-ing on said Petition, when and where all personsinterested may appear and show cause if any theyhave, why the prayer of the said Petition shouldnot be granted. f2


PENNSYLVANIA


No. 2006-CV-4428-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

DEUTSCHE BANK TRUSTCOMPANY AMERICAS f/k/a BANKER’S TRUST COMPANY, ASTRUSTEE AND CUSTODIAN BY: SAXON MORTGAGE SERVICES, INC. f/k/a MERITECH MORTGAGE SERVICES, INC. AS ITS ATTORNEY-IN-FACT, Plaintiffvs.RON JOHNSON and WANDA JOHNSON, Defendants

TO: RON JOHNSON and WANDA JOHNSON, Defendants, whose last known addresses are 343 South 4th StreetSteelton, PA 17113 and P.O. Box 15111 Harrisburg, PA 17105

COMPLAINT IN MORTGAGE FORECLOSURE

YOU ARE HEREBY NOTIFIED thatPlaintiff, DEUTSCHE BANK TRUST COM-PANY AMERICAS f/k/a BANKER’S TRUSTCOMPANY, AS TRUSTEE AND CUSTODIANBY: SAXON MORTGAGE SERVICES, INC.f/k/a MERITECH MORTGAGE SERVICES,INC. AS ITS ATTORNEY-IN-FACT, has filed aMortgage Foreclosure Complaint endorsed witha Notice to Defend, against you in the Court ofCommon Pleas of Dauphin County, Penn-sylvania, docketed to 2006-CV-4428-MF, wherein Plaintiff seeks to foreclose on the mort-gage secured on your property located, 343 South4th Street, Steelton, PA 17113, whereupon yourproperty would be sold by the Sheriff of DauphinCounty.

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.

FIRST PUBLICATION


DAUPHIN COUNTYLAWYER REFERRAL SERVICE


(717) 232-7536

MARK J. UDREN, Esq.Mark J. Udren & AssociatesWoodcrest Corporate Center

111 Woodcrest Road, Suite 200Cherry Hill, NJ 08003-3620

f2 (856) 482-6900

NOTICE OFNAME CHANGE

NOTICE IS HEREBY GIVEN that on August18, 2006, at 8:30 a.m., the Petition of Robyn M.Floyd, was filed in the Court of Common Pleasof Dauphin County, Pennsylvania, praying for aDecree to change her name to: ROBYN M.KELLER-SIMON.

The Court fixed February 9, 2007, at 8:30 a.m.in Courtroom No. 4, Dauphin CountyCourthouse, as the time and place for the hearingof said Petition, when and where all personsinterested may appear and show cause why, ifany, the prayer of the said Petitioner should notbe granted.

P. RICHARD WAGNER, Esq.Mancke, Wagner, Spreha &McQuillan

2233 North Front Streetj19-f2 Harrisburg, PA 17110

FIRST PUBLICATION


THIRD PUBLICATION


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

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

LAWYERSCONFIDENTIAL

HELP-LINE1-888-999-1941

24 Hours Confidential

A Service Provided by

Lawyers Concerned for Lawyers of Pennsylvania, Inc.

Vol. 123 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

Bordner, Lawrence v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Board of Control of the Harrisburg School District,

et al. v. Wilson, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210Board of School Directors of the Harrisburg School

District, et al., Control Board of the Harrisburg School District, et al. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Chapman-Rollé v. Rollé . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198CitiFinancial Services, Inc. v. Loper . . . . . . . . . . . . . . . . . . . . . . . . 261Columbia Casualty Company v.

Coregis Insurance Company, City of Harrisburg . . . . . . . . . . . 1Commonwealth v. Eckenrode . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188Commonwealth v. McClucas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180Commonwealth v. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Commonwealth v. Stevenson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74Connelly, et al., Rohrer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Control Board of the Harrisburg School District, et al. v.

Board of School Directors of the Harrisburg School District, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Coregis Insurance Company, City of Harrisburg, Columbia Casualty Company v. . . . . . . . . . . . . . . . . . . . . . . . 1

Des-Ogugua v. For Sale By Owner Real Estate, Inc., et al. . . . . . . 14Duke v. Hershey Medical Center . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

Eastern Atlantic Insurance Company v. Swiss Reinsurance America Corporation . . . . . . . . . . . . . . . . . 161

Eckenrode, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

For Sale By Owner Real Estate, Inc., et al., Des-Ogugua v. . . . . . . 14Fromm v. Hershey Medical Center, et al. . . . . . . . . . . . . . . . . . . . . 35

Gemini Equipment Company, Wachovia Bank, N.A. v. . . . . . . . . 271

Hawn, et al., Snyder v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232Hershey Medical Center, Duke v. . . . . . . . . . . . . . . . . . . . . . . . . . . 175Hershey Medical Center, et al., Fromm v. . . . . . . . . . . . . . . . . . . . 35

Jacob v. Shultz-Jacob . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253

Lawrence v. Bordner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Letteer v. Michalak . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Loper, CitiFinancial Services, Inc. v. . . . . . . . . . . . . . . . . . . . . . . . 261

McClucas, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180Michalak, Letteer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Middletown Area School District,

Susquehanna Area Regional Airport Authority v. . . . . . . . . . . 85Miller, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155Morder v. Professional Aerials, Inc. . . . . . . . . . . . . . . . . . . . . . . . . 50

PennDOT, Santiago v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286Pennsylvania Financial Responsibility

Assigned Claims Plan, Prowell v. . . . . . . . . . . . . . . . . . . . . . . 245Peterson v. State Farm Fire & Casualty Company, et al. . . . . . . . . 128Peterson v. State Farm Fire & Casualty Company, et al. . . . . . . . . 208Professional Aerials, Inc., Morder v. . . . . . . . . . . . . . . . . . . . . . . . 50Prowell v. Pennsylvania Financial Responsibility

Assigned Claims Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245

Ramer v. Ramer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Ramer, Ramer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Rohrer v. Connelly, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Rollé, Chapman-Rollé v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

Santiago v. PennDOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286Shultz-Jacob, Jacob v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253Snyder v. Hawn, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232State Farm Fire & Casualty Company, et al., Peterson v. . . . . . . . 128State Farm Fire & Casualty Company, et al., Peterson v. . . . . . . . 208Stevenson, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

II DAUPHIN COUNTY REPORTS Vol. 123

Cumulative Table of Cases

Susquehanna Area Regional Airport Authority v.Middletown Area School District . . . . . . . . . . . . . . . . . . . . . . 85

Swiss Reinsurance America Corporation,Eastern Atlantic Insurance Company v. . . . . . . . . . . . . . . . . . 161

Wachovia Bank, N.A. v. Gemini Equipment Company . . . . . . . . . 271Wilson, et al., Board of Control of the Harrisburg

School District, et al. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

Vol. 123 DAUPHIN COUNTY REPORTS III

Cumulative Table of Cases

T R I A LA H E A D ?CONSIDER

AN ALTERNATEROUTE:

Dauphin CountyBar AssociationCivil Dispute

Resolution Program

Call (717) 232-7536for details

BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

Thomas E. Brenner Craig A. LongyearPresident President-Elect

Renee Mattei Myers John D. SheridanVice President Treasurer

James P. DeAngelo Thomas P. GackiSecretary Past President

Robert M. Walker Edward F. Spreha, Jr.Young Lawyers’ Chair Young Lawyers’ Vice Chair

William L. Adler Peter V. Marks, Sr.Cara A. Boyanowski Pamela C. PolacekC. Grainger Bowman J. Michael SheldonVincent L. Champion David F. TamaniniRobert E. Chernicoff Jason M. Weinstock

S. Barton Gephart Lisa M. WoodburnJames L. Goldsmith John F. Zonarich

Darren J. HolstDirectors

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 2007 Judge Richard A. LEWISMARCH 2007 Judge Lawrence F. CLARK, JR.

Opinions Not Yet ReportedJanuary 4, 2007 – Kleinfelter, J., Hughes v. Hughes (No. 2003 CV 1488 DV)January 5, 2007 – Turgeon, J., Yoder v. Blockson (No. 2005 CV 5409)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

LEGAL SECRETARY – Harrisburg insurance defense firm is seeking a legalsecretary with litigation experience. Candidate must have excellent typing,organizational and communication skills and be willing to assume significantresponsibility. Excellent opportunity and benefits. Send resume with cover letter toPersonnel, P.O. Box 999, Harrisburg, PA 17108 or fax to 717-237-7105. j19-f2

PARALEGAL – Harrisburg insurance defense firm is seeking an experiencedparalegal. Prior workers’ compensation experience preferred. Candidate must haveexcellent organizational and communication skills and be willing to assumesignificant responsibility. Excellent opportunity and benefits. Send resume withcover letter to Personnel, P.O. Box 999, Harrisburg, PA 17108 or fax to 717-237-7105. j19-f2

POSITION AVAILABLE – Lancaster County law firm seeks associate attorneyfor its workers’ compensation practice. Qualified candidate should have 2-4 yearsexperience in workers’ compensation litigation. Excellent academic and employmentcredentials required. Competitive salary commensurate with experience. To applysend current resume and writing sample to: Jeff Mills, 212 North Queen Street,Lancaster, PA 17603. j19-f2

IT Support/Help Desk – Large Insurance defense firm is seeking a friendly andoutgoing individual to assist the Network Administrator in daily support of users andmaintenance of desktop PC hardware/software/printing. Provide Help Desk supportfor Microsoft Office applications; experience with iManage (Interwoven) DocumentManagement, Juris and Sanction applications helpful. Previous experience withlitigation support in a law firm preferred, but not required. Candidate should possessexcellent communication and organizational skills. Please send resume with coverletter to: Personnel, P.O. Box 999, Harrisburg, PA 17108 or fax to 717-237-7105.

j19-f2

ADMINISTRATIVE ASSISTANT/BILLING CLERK – Harrisburg law firmis seeking a full time billing Clerk. Accounts receivable/payable knowledge a plus.Candidate must have excellent communication and organizational skills, bemotivated and willing to assume significant responsibility. Excellent opportunity andbenefits. Resume w/cover letter to: Personnel, P.O. Box 999, Harrisburg, PA 17108or fax to (717) 237-7105. j19-f2

PARALEGAL – Harrisburg law firm seeking experienced paralegal. Candidatemust possess Paralegal certificate and have worked in a private law firm.Competitive salary and benefits. On site parking. Please respond to: Dauphin CountyReporter, Box Q, Harrisburg, PA 17101. j19-f2

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

STATE AGENCY ATTORNEY – State government agency based inHarrisburg seeking attorney to work with chief counsel and deputies to provide legaladvice on wide range of issues. Ideal candidate has 3-5 years’ experience in thepractice of law. Superior research and writing skills required, tax and/or criminal lawexperience a plus, as is familiarity with workings of state government generally.Competitive salary and benefits package. Send resume and writing sample inconfidence by March 1st to Dauphin County Reporter, Attn: R, 213 North FrontStreet, Harrisburg, PA 17101. j26-f9

EXPERIENCED LITIGATION PARALEGAL looking to make transitioninto family law. Willing to intern, temp or temp to perm, part-time or full-time.Currently taking PBI CLE courses in family law. Available for immediateconsideration. Please call 717-201-1980. f2-f16

LEGAL CASE MANAGER/PARALEGAL – PI firm looking for a motorvehicle Case Manager/Paralegal. Candidate must have excellent writing andcommunication skills, be highly motivated, organized and detail oriented. Collegedegree, legal and/or medical experience preferred but not required. Excellent benefitspackage and competitive salary. Fax resume and salary requirements to Becky Voras717-233-3029 or e-mail to [email protected]. f2-f16

POSITION AVAILABLE - PARALEGAL/ ESTATES SECRETARY –Nikolaus & Hohenadel, LLP seeks an estates paralegal/experienced estates secretaryto work with our two other estates paralegals in an expanding estates practice.Individual must have experience in estate administration and use of LacknerWindows software. This is a full time position with competitive salary and benefits,including matching 401(k) plan. Send resume to Richard G. Greiner, Nikolaus &Hohenadel, LLP, 212 North Queen Street, Lancaster, PA 17603 or email to:[email protected]. f2-f16

Printing The Dauphin County Reporter every week for nearly 100 years

KURZENKNABE PRESS

Quality Printing Since 1893

1424 Herr Street • Harrisburg, PA 17103Toll Free 1-888-883-2598

Phone: 232-0541 • FAX: 232-7458Email: [email protected]

the dauphin county reporter · 2007-01-31 · advance sheet the dauphin county reporter (usps...

Documents