the dauphin county reporter · of the dauphin county reporter, 213 north front street, harrisburg,...

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5770, Vol. 124 July 9, 2010 No. 106Entered 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

In re: Appeal of City of Harrisburg 200Bar Association Page Inside Back Cover

Pages 200-205

39 Years in Harrisburg

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THEDAUPHIN COUNTY REPORTER

Edited and Publishedby the

DAUPHIN COUNTY BARASSOCIATION

213 North Front StreetHarrisburg, PA 17101-1493

(717) 232-7536____________

DONALD MORGANExecutive Director

JOYCE TAMBOLASAdministrative Assistant

BRIDGETTE L. HILBISHOffice Assistant___________

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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.

TERMSAdvertisements must be received before 12 o’clocknoon on Tuesday of each week at the office of theDauphin County Reporter, 213 North Front Street,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 RICHARD F. KEISTER, SR.,late of Wiconisco Township, Dauphin County,Pennsylvania. Executor: Richard F. Keister, Jr.,409 Wiconisco Street, Wiconisco, PA 17097.Attorney: Gregory M. Kerwin, Esq., Kerwin &Kerwin, 4245 State Route 209, Elizabethville, PA17023. y9-y23

ESTATE OF INA H. VAN NUYS, late ofLower Paxton Township, Dauphin County,Pennsylvania (died February 20, 2010).Executrix: Jeanne L. Van Nuys-Hitt, 4951 IreneDrive, Harrisburg, PA 17112. Attorney: KennethR. Levitzky, Esq., P.O. Box 489, Dushore, PA18614. y9-y23

ESTATE OF MARIAN E. CASSEL, late ofSouth Hanover Township, Dauphin County,Pennsylvania (died June 6, 2010). Co-Executors:John T. Cassel, 82 Orchard Road, Hummelstown,PA 17036; Marshall L. Cassel, 13 W. Main Street,Hershey, PA 17033 and Maxine C. Payne, 77Orchard Road, Hummelstown, PA 17036.Attorney: James B. Pannebaker, Esq.,Pannebaker & Mohr, P.C., 4000 Vine Street,Middletown, PA 17057. Telephone (717) 944-1333. y9-y23

ESTATE OF MARY B. GAMBER, late ofSusquehanna Township, Dauphin County, Penn-sylvania. Executor: Walter Speas, III, 3024Chipping Lane, Columbia, SC 29223. Attorney:Earl Richard Etzweiler, Esq., 105 North FrontStreet, Harrisburg, PA 17101. Telephone (717)234-5600. y9-y23

ESTATE OF GEORGE P. HARTWICK, SR.,late of Swatara Township, Dauphin County,Pennsylvania. Executrix: Mary Elizabeth Hobbs,908 Manor Drive, Oberlin, PA 17113. Attorney:John R. Zonarich, Esq., Skarlatos & ZonarichLLP, 17 South Second Street, 6th Floor, Harris-burg, PA 17101. y9-y23

ESTATE OF INGRID B. HAHR, late ofDerry Township, Dauphin County, Pennsylvania(died June 1, 2010). Personal Representative:Lennart A. Hahr, 1525 Farmhouse Lane,Middletown, PA 17057. Attorney: Gregory K.Richards, Esq., P.O. Box 650, Hershey, PA17033. y9-y23

ESTATE OF CAROLYN L. KISHPAUGH,late of Dauphin County, Pennsylvania. PersonalRepresentative: Hershey Trust Company, PrivateWealth Management Group, 1 West ChocolateAvenue, Suite 200, Hershey, PA 17033.Telephone (717) 520-5679. y2-y16

ESTATE OF ALMA I. HILLIARD, late of Dauphin County, Pennsylvania. Executor:Raymond T. Cameron, 1718 Church Road,Hershey, PA 17033. y2-y16

ESTATE OF JEAN E. DERR, late ofMiddletown, Dauphin County, Pennsylvania(died May 20, 2010). Personal Representatives:Daniel C. Derr, 2293 Foxianna Road,Middletown, PA 17057 and Carol L. Keiter, 314Hunter Path, Hummelstown, PA 17036. Attorney:Stephen D. Tiley, Esq., 5 South Hanover Street,Carlisle, PA 17013. y2-y16

ESTATE OF WILLIAM J. ROSS a/k/aWILLIAM J. ROSS, SR., late of Lower PaxtonTownship, Dauphin County, Pennsylvania (diedApril 13, 2010). Personal Representative:Cynthia M. Crimmel. Attorney: StephanieKleinfelter, Esq., Keefer Wood Allen & Rahal,LLP, 635 N. 12th Street, Suite 400, Lemoyne,PA 17043. y2-y16

ESTATE OF CHARLES H. JONES, JR., late of Royalton Borough, Dauphin County,Pennsylvania (died April 6, 2010). Adminis-trator: Shirley A. Stiles, 329 Caravan Court,Middletown, PA 17057. Attorney: Kendra A.Mohr, Esq., Pannebaker & Mohr, P.C., 4000 VineStreet, Middletown, PA 17057. Telephone (717)944-1333. y2-y16

ESTATE OF ANNA T. BEARD a/k/a ANNAG. BEARD, late of Lower Paxton Township,Dauphin County, Pennsylvania. Executrix: JulieAnn Beard Yarrish, 6816 Wesley Drive,Harrisburg, PA 17112. Attorney: John R.Zonarich, Esq., Skarlatos & Zonarich LLP, 17South Second Street, 6th Floor, Harrisburg, PA17101. y2-y16

ESTATE OF DANIEL E. FISHER, late ofConewago Township, Dauphin County, Penn-sylvania. Personal Representative: David A.Fisher. Attorney: Megan C. Huff, Esq., NesticoDruby & Hildabrand, P.C., 840 East ChocolateAvenue, Hershey, PA 17033. y2-y16

ESTATE OF MARY M. RAWLINGS a/k/aMARY ANN RAWLINGS, late of the Townshipof Susquehanna, Dauphin County, Pennsylvania(died May 26, 2010). Executor: Edward P.Rawlings, 254 Green Lane Drive, Camp Hill,PA 17011. Attorney: Suzanne J. Mahady, Esq.,Mahady & Mahady, 1308 Ligonier Street,Latrobe, PA 15650. y2-y16

ESTATE OF PAUL R. FOREMAN, late of theBorough of Middletown, Dauphin County,Pennsylvania (died June 13, 2010). Executor:Thomas E. Foreman, 41 Ann Street, Middltown,PA 17057. Attorney: John S. Davidson, Esq.,320 West Chocolate Avenue, P.O. Box 437,Hershey, PA 17033-0437. y2-y16

ESTATE OF MICHAEL HARRY DEFRANK,late of Dauphin County, Pennsylvania (diedNovember 16, 2009). Personal Representative:Jane Forry DeFrank, 136 Barnwood Place,Harrisburg, PA 17112. Attorney: J. Jay Cooper,Esq., Goldberg Katzman, PC, 320 MarketStreet, P.O. Box 1268, Harrisburg, PA 17101.Telephone (717) 234-4161. y2-y16

SECOND PUBLICATION

Estate Notices

200 DAUPHIN COUNTY REPORTS [124 Dauph.

In re: Appeal of City of Harrisburg

Cervantes, Miguel de, Don Quixote – The Ingenious Gentleman of LaMancha (The Heritage Press: New York, 1950) (Translation by JohnOrmsby), Chapter VIII, p. 83.

Failing to see or intentionally refusing to appreciate the true nature ofthe charges brought and the testimony submitted, Defendant gallopsheadlong in his quest,

but as he drove his lance-point into the sail the windwhirled it round with such force that it shivered the lanceto pieces, sweeping with it horse and rider, who wentrolling over on the plain, in a sorry condition.

Id.

_______o_______


Municipal Corporations — Taxation — Real Estate — Exemption — Public Purpose.

The City of Harrisburg appealed a denial of a requested real estate taxexemption by the Dauphin County Board of Assessment Appeals. Theparcel of land at issue was planned for a public works and developmentproject, but not currently used by the City.

1. The Pennsylvania Constitution, Article VIII, §2 (a)(iii), provides for an exemptionfrom taxation for that portion of public property which is actually and regularly used forpublic purposes.

2. Indefinite prospective public/governmental use is not sufficient for purposes of tax exemption. Property must be presently used for public purposes and a non-use or indefinite future use of such property will not suffice. Pennsylvania Turnpike Commissionv. Fulton County, 195 Pa. Super. 517, 171 A.2d 882 (1961).

Petition for Appeal. C.P., Dau. Co., No. 2009-CV-11060-TX. Petitiondenied.

Jason M. Hess, for City of Harrisburg

Jeffrey B. Engle, for Dauphin County Board of Assessment Appeals

EVANS, J., May 17, 2010. – The City of Harrisburg (City) filed anApplication for the Exemption of Real Estate with the Dauphin CountyBoard of Assessment Appeals (DCBAA). The City requested that itsproperty located at 157 Paxton Street in the City of Harrisburg, DauphinCounty, Pennsylvania, Tax Parcel ID 01-053-013 (the Property), be

200 (2010)] DAUPHIN COUNTY REPORTS 201


declared exempt as it was being utilized for a public purpose pursuant to72 P.S. §5020-2-4(a)(7). On August 11, 2009, following a hearing, theDCBAA issued a decision denying the City’s request for exemption.

The facts are largely undisputed. On November 13, 2007, Lee andTheresa Eichelberger, the former owners of the Property, initiated aninverse condemnation action against the City by filing a Petition for theAppointment of a Board of View under the Eminent Domain Code. OnFebruary 2, 2009, the City became record owner of the Property pur-suant to an Order issued by the Honorable Joseph Kleinfelter. JudgeKleinfelter’s Order pronounced that the City had effectuated a de factotaking of the Property as of January 1, 2008, due to the City’s publicityof a public works and development project planned for the southern cor-ridor of downtown Harrisburg (the Southern Gateway Project).1 TheSouthern Gateway Project was conceived in late 1999 or early 2000. Thepurpose of this project was to lighten rush hour traffic congestion onFront and Second Streets. The Harrisburg Area Transportation Study(HATS) voted to approve the project.2 Accordingly, the project wasapproved for federal highway funding and put on the TransportationImprovement Program (TIP) list in 2000.3

Following preliminary approval for the project, the City was requiredto submit designs for environmental analysis under the NationalEnvironmental Protection Act (NEPA). Approval of the final design isstill pending. The City is seeking alternative sources for funding the project, and possible sources include private investment funding under afederal “TIGER”4 grant. The City maintains its plans to eventually beginconstruction of the Project; however, construction is not currently possi-ble because final approval had not been given on the design. ChristinaHinkson, Deputy City Solicitor, indicated to the DCBAA that the property is not presently being used by the City, but would be in thefuture.

1. The Property is located on the south side of Paxton Street between the Interstate 83entrance ramp off of Front Street and the exit ramp leading to Second Street. The Propertyconsists of a one-story office building and parking lot surrounded by a grassy area. Theformer property owners rented the Property out to a daycare operation. The Property hasbeen vacant since approximately 2004.

2. HATS is comprised of federal, state and local agencies and officials from Dauphin,Cumberland and Perry Counties, the City of Harrisburg, and Capital Area Transit.

3. Pursuant to the federal guidelines, the City must contribute 20% of the funding to thefederal government’s 80%.

4. Such grant was established under the American Recovery and Reinvestment Act of2009.



The City filed an appeal to the DCBAA’s decision to deny the requestfor exemption. The City thereafter filed Preliminary Objections to Strikethe DCBAA’s Preliminary Objections. This Court held a fact-findinghearing on December 8, 2009 and, at the conclusion of such, ordered abriefing schedule.

The Pennsylvania Constitution, Article 8, Section II(a)(iii), providesfor an exemption from taxation for “. . . that portion of public propertywhich is actually and regularly used for public purposes.” (emphasisadded). Consistent with this Commonwealth’s Constitution, Title 72 P.S.§5020-204(a)(7) states:

(a) The following property shall be exempt from allcounty, city, borough, town, township, road, poorand school tax, to wit:

* * * *

(7) all other property used for public purposes, with theground thereto annexed and necessary for the occupancyenjoyment of the same, but this shall not be construed toinclude property otherwise taxable which is owned orheld by an agency of the government of the United Statesnor shall this Act or any other act be construed to exemptfrom taxation any privilege, act, or transaction conductedupon public property by persons or entities which wouldbe taxable if conducted upon non-public property regard-less of the purpose or purposes for which such activityoccurs, even if conducted as agent or lessee of any pub-lic authority[.]

72 P.S. §5020-204(a)(7).

Statutory provisions that exempt property from taxation must bestrictly construed. Guliford Water Authority v. Adams County Board ofAssessment Appeals, 570 A.2d 102, 103 (Pa. Commw. 1990). InGuliford, the Commonwealth Court was asked to decide whether realestate that is owned by a municipal authority, but not presently usedfor public purposes, is entitled to exemption from local real estate taxation. Id. at 102. The Guliford Court recognized the GeneralAssembly’s authorization to exempt from taxation only those portionsof public property actually and regularly used for public purposes. Id.;PA. CONST. Art. VIII, §2(a)(iii). The Court also noted that the



Pennsylvania Municipal Authorities Act, 53 P.S. §318, exempts fromtaxation any property acquired or used by municipal authorities forpublic purposes. Determining that constitutional provisions controlwhere there exists a conflict between constitutional and statutory provisions, the Court held:

In the case sub judice, Appellant is not yet actually andregularly using the property involved here for publicpurposes. Moreover, the Department of EnvironmentalResources is still reviewing the suitability of Ap-pellant’s property; and thus, there is no certainty thatthis property will ultimately be used for public purposes. In West View Borough Municipal AuthorityAppeal, 381 Pa. 416, 113 A.2d 307 (1955), cited by bothparties, the Supreme Court noted that it is the present,and not an indefinite prospective use as here, whichcontrols whether the use is a public use exempt fromtaxation. We therefore conclude, as did the trial court,that Appellant is not entitled to tax exemption under theAct.

Guliford, 570 A.2d at 103 (emphasis added). A review of Pennsylvaniacase law reveals other decisions that support the notion that indefiniteprospective public/governmental use is not sufficient for purposes oftax exemption. See, Pennsylvania Turnpike Commission v. FultonCounty, 195 Pa. Super. 517, 171 A.2d 882 (1961) (ruling that landowned by the Pennsylvania Turnpike Commission for over 20 yearsthat was not essential to or used in construction of the turnpike and notused for any public purpose was subject to taxation by the county;property must be presently used for public purposes and a non-use orindefinite future use of such property will not suffice); City of Eastonv. Koch, 152 Pa. Super. 327, 31 A.2d 747 (1943) (where a tract of landacquired by a municipality along with other property and franchises ofa water company which was never connected with the city’s water supply system and was being held in reserve for future development,the Court ruled that there was no exemption from taxation as “publicproperty used for public uses”; the acquisition of land by a governmental agency must not be for a prospective indefinite governmental use); In re: Pennsylvania Turnpike Commission Appeal,50 Pa. D&C 2d 563 (1970) (even though subject lands were previous-ly used for turnpike purposes, they were no different from the landsacquired originally, which were surplus and, the fact that abandoned



roadways were available to the Department of Forests and Waters didnot warrant an exemption; the Court explained that an exemption oflands for public purposes means a present and not an indefiniteprospective use).

Here, it is clear that the City has evidenced an intent to develop the Property for its intended public purpose and that the project has been in the development stages for quite some time. It can be fair-ly determined from the circumstances herein that a good faith effort has been made with regard to planning / commencing the project.5 However, there currently exists no funding for the project, the required studies are incomplete, and there has been no approval by the Department of Environmental Protection. See, Guliford, supra. There has been nothing presented to this Court that reveals when, if ever, the project will commence; it is sheer speculation. We note that, “Hell is full of good wishes or desires.”6 The law requires much more. Therefore, it is not difficult for this Court to conclude that the Property is not actually and regularly used for public purposes; rather, such Property falls under the purview of an indefinite prospective use.Accordingly, a real estate tax exemption must be denied.

ORDER

AND NOW, this 17th day of May, 2010, based upon the DauphinCounty Board of Assessment Appeals’ Preliminary Objections, the Cityof Harrisburg’s Response thereto, the fact-finding hearing held onDecember 8, 2009, and post-hearing memoranda filed by both parties, it

5. This Court finds the case law cited by the City distinguishable from the instant setof facts. Citing to Upper Tulpehocken Township v. Berks County Board of AssessmentAppeals, 842 A.2d 1041 (Pa. Commw. 2004) (which relied on Senior Citizen HealthCare Council of Erie County v. Board of Tax Assessment Appeals of Erie County, 31A.2d 747 (Pa. Super. 1943)) the City argues that an entity’s good faith effort to com-mence development of a property for its intended public use is entitled to tax exemp-tion, and that significant steps were taken evidencing a commitment to developing theproperty for public purposes. In Upper Tulpehocken Township, the commitment to usethe property in question for a youth athletic complex (and thus be exempt from taxa-tion) was bolstered by the Berks County Commissioners approval for a communitydevelopment block grant in the amount of $265,000, a Borough of Strausstownapproval of the Township’s subdivision plan, a Township engineer’s submission of abudget for the construction of the complex, the Township’s land development plan, andthe Township’s 99 year lease with Northern Berks. Here, in contrast, there is no funding or approval. Moreover, the constitutional provisions and case law interpretingsuch control the instant case.

6. Saint Bernard of Clairvaux.



is hereby ORDERED that the Petition for Appeal filed by the City ofHarrisburg is DISMISSED, as the City cannot meet its burden pursuantto the Pennsylvania Constitution or the statutory authority and case lawin Pennsylvania.

_______o_______

ESTATE OF ANNA M. BAIRD, late of DerryTownship, Dauphin County, Pennsylvania (diedApril 14, 2010). Administrator: Kevin Baird.Attorney: George W. Porter, Esq., 909 EastChocolate Avenue, Hershey, PA 17033. y2-y16

ESTATE OF GLADYS R. WILLIAMS, late ofSusquehanna Township, Dauphin County, Penn-sylvania. Personal Representative: Constance J.Buck, 1081 Narvon Road, Narvon, PA 17555.Attorney: Gerald J. Shekletski, Esq., StoneLaFaver & Shekletski, P.O. Box E, NewCumberland, PA 17070. y2-y16

ESTATE OF GERTIE M. BECHTEL, late ofHalifax Township, Dauphin County, Pennsyl-vania (died May 24, 2010). Executor: Lee E. Bechtel, 860 Powells Valley Road, Halifax, PA 17032. Attorney: Gregory M. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. y2-y16

THIRD PUBLICATION

ESTATE OF JOHN L. HARR, JR., late of theTownship of Susquehanna, Dauphin County,Pennsylvania. Executor: Kim Joel Harr, 1712Stonemill Drive, Elizabethtown, PA 17022.Attorney: Craig A. Hatch, Esq., Gates, Halbruner,Hatch & Guise, P.C., 1013 Mumma Road, Suite100, Lemoyne, PA 17043. j25-y9

ESTATE OF GLADYS L. ANDERSON, lateof the Borough of Middletown, Dauphin County,Pennsylvania. Executor: Kenneth L. Anderson,238 E. Adnrews Avenue, Wlidwood, NJ 08260.Attorney: James H. Turner, Esq., Turner andO’Connell, 4701 North Front Street, Harrisburg,PA 17110. j25-y9

SECOND PUBLICATION

Estate Notices

ESTATE OF RUTH M. SAUL, late of LowerPaxton Township, Dauphin County, Pennsylvania(died May 31, 2010). Executor: K. Jeffrey Saul,5111 Erie Road, Harrisburg, PA 17111. Attorney:Lawrence B. Abrams, Esq., Rhoads & SinonLLP, One South Market Square, P.O. Box 1146,Harrisburg, PA 17108-1146. j25-y9

ESTATE OF DORIS M. PLASTERER, late ofLower Swatara Township, Dauphin County,Pennsylvania. Personal Representative: AudreyA. Plasterer. Attorney: David W. Reager, Esq.,Reager & Adler, PC, 2331 Market Street, CampHill, PA 17011. Telephone (717) 763-1383.

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ESTATE OF JOHN E. NEAGLE, late ofLondonderry Township, Dauphin County, Penn-sylvania (died May 22, 2010). Executrix: KarenA. Frey, 841 Twin Oaks Drive, Hummelstown,PA 17036. Attorney: James H. Turner, Esq.,Turner & O’Connell, 4701 North Front Street,Harrisburg, PA 17110. j25-y9

ESTATE OF HELEN SELADONES, late ofSusquehanna Township, Dauphin County,Pennsylvania (died May 31, 2010). PersonalRepresentatives: George Michael Sotak, 216Emerick Street, Brockton, PA 17925 and Ann M.Biffen, Box 364, Delaware Water Gap, PA 18327.

j25-y9

ESTATE OF CHESTER N. BELL, late ofUpper Paxton Township, Dauphin County,Pennsylvania. Co-Executrices: Naomi M.Shaffer, 120 Lester Avenue, York, PA 17408 andRuth A. Herb, 2150 Bon Aire Drive, York, PA17408. Attorney: Earl Richard Etzweiler, Esq.,105 North Front Street, Harrisburg, PA 17101.Telephone (717) 234-5600. j25-y9

ESTATE OF HENRY F. LONON, SR., late ofHarrisburg, Dauphin County, Pennsylvania (diedDecember 21, 2009). Personal Representative:A.J. Briley, Sr., 309 Lewis Street, Harrisburg, PA17110. Attorney: Cynthia M. von Schlichten,Esq., 3513 North Front Street, Harrisburg, PA17102. j25-y9

ESTATE OF DAVID C. MCKINNON, late of Millersburg, Dauphin County, Pennsyl-vania (died September 10, 2009). PersonalRepresentatives: Kathleen I. Minnich Boyer, 505N. 5th Street, Halifax, PA 17032 and David R.McKinnon, 10 Mountain Ash Lane, Horsham, PA19044. Attorneys: Jeffrey B. Engle, Esq. andDale K. Ketner, Esq., Shaffer & Engle LawOffices, 512 Street, Millersburg, PA 17061.

j25-y9

ESTATE OF CHARLES J. HOKE, late ofMiddletown Borough, Dauphin County, Penn-sylvania. Executor: Raymond E. Hoke. Attorney:Mark E. Halbruner, Esq., Gates, Halbruner,Hatch & Guise, P.C., 1013 Mumma Road, Suite100, Lemoyne, PA 17043. j25-y9

ESTATE OF DELORES L. HENSLEY, late ofDauphin County, Pennsylvania (died March 2,2010). Personal Representative: Cynthia L.Womer, 755 C Small Valley Road, Halifax, PA17032. Attorney: J. Ronaldo Legaspi, Esq., 320Market Street, P.O. Box 1268, Harrisburg, PA17108-1268. j25-y9

ESTATE OF WILLARD L. BLECKER a/k/aWILLARD LEO BLECKER, late of LowerPaxton Township, Dauphin County, Pennsyl-vania. Administratrix: Charlotte Blecker, c/oSmigel, Anderson & Sacks, LLP, 4431 NorthFront Street, 3rd Floor, Harrisburg, PA 17110.Attorney: Heather D. Royer, Esq., Smigel,Anderson & Sacks, LLP, 4431 North FrontStreet, 3rd Floor, Harrisburg, PA 17110. j25-y9

ESTATE OF ANGELA K. TRIANTOS, late ofHarrisburg, Dauphin County, Pennsylvania (diedMarch 28, 2010). Executrix: Tassia V. Triantos,441 Rosewood Lane, Harrisburg, PA 17111.Attorney: John S. Kundrat, Esq., Kundrat &Associates, 107 Boas Street, Harrisburg, PA17102. Telephone (717) 232-3755. j25-y9

THIRD PUBLICATION

Estate Notices

ESTATE OF MERVIN L. KEMBERLING,late of the Borough of Hummelstown, DauphinCounty, Pennsylvania (died May 21, 2010).Executrix: Sister Donna Marie Kemberling, 350Bernardsville Road, Mendham, NJ 07945.Attorney: Jean D. Seibert, Esq., Wion, Zulli &Seibert, 109 Locust Street, Harrisburg, PA17101. j25-y9

ESTATE OF JEANNE FITZGERALDSMITH, late of Swatara Township, DauphinCounty, Pennsylvania (died May 2, 2010).Executor: David Michael Fitzgerald, c/o HazenElder Law, 2000 Lingelstown Road, Suite 202,Harrisburg, PA 17110. Attorneys: Hazen ElderLaw, 2000 Lingelstown Road, Suite 202,Harrisburg, PA 17110. j25-y9

ESTATE OF RUTH E. DOCKEY, late of Millerburg Borough, Dauphin County,Pennsylvania. Executrix: Diane M. Thompson.Attorney: Tracey L. Schrey, Esq., Law Office ofTracey L. Schrey, 35 South Market Street, P. O.Box 580, Elizabethville, PA 17023. Telephone(717) 877-1376. j25-y9

ESTATE OF PERRY P. SISTI, late of LowerPaxton Township, Dauphin County, Pennsyl-vania (died May 20, 2010). Executor: Perry A. Sisti. Attorney: Patricia Carey Zucker, Esq., Daley Zucker Meilton Miner & Gingrich,LLC, 1035 Mumma Road, Suite 101,Wormleysburg, PA 17043.

j25-y9

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for SCH CREATIVE & PERFORMINGARTS, INC., a corporation organized under thePennsylvania Business Corporation Law of 1988.

y9

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that LibertyMutual Mid-Atlantic Insurance Company, aPennsylvania corporation (the “Company”),having its principal office located at 275Grandview Avenue, Suite 300, Camp Hill,Pennsylvania 17011, has filed Articles ofDissolution with the Department of State of theCommonwealth of Pennsylvania pursuant to andin accordance with the provisions of Section1980 of the Business Corporation Law of theCommonwealth of Pennsylvania, as amended,and that the Company has been granted priorapproval by the Pennsylvania InsuranceDepartment for redomestication to theCommonwealth of Massachusetts. Upon effec-tiveness of dissolution in the manner prescribedby said law, the Company will maintain corpo-rate existence and continue to conduct its affairsin the Commonwealth of Pennsylvania as aMassachusetts corporation, pursuant to the pro-visions of said Section 1980.

JAMES R. PUGH, Assistant SecretaryLiberty Mutual Mid-Atlantic

Insurance Company175 Berkeley Street

y9 Boston, MA 02116

NOTICE IS HEREBY GIVEN that aCertificate of Organization has been filed andapproved by the Pennsylvania Department ofState at Harrisburg, Pennsylvania, on June 22,2010 for the purpose of organizing a domesticlimited liability company pursuant to the LimitedLiability Law of 1994, 15 Pa. C.S.A. §8901 etseq. The name of the Limited Liability Companyis: THE COOKIE SHEET BAKERY LLC.The purpose for which it is being organized is toengage in any business permitted by law, with afocus on producing and selling baked goods tothe public.

JAMES M. ROBINSON, Esq.Turo Robinson

28 South Pitt Streety9 Carlisle, PA 17013

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with the Departmentof State of the Commonwealth of Pennsylvaniaon April 5, 2010 with respect to a proposed non-profit corporation, Steering Teens Right in Virtuous Excellence, Inc. (S.T.R.I.V.E.),which has been incorporated under the Non-Profit Corporation Law of 1988, 15 Pa. C.S.A.§5301. A brief summary of the purpose forwhich said corporation is organized is: to pro-vide human and social services as they relate tojuvenile delinquency. y9

NOTICE IS HEREBY GIVEN that Articlesof Incorporation have been filed with theDepartment of State of the Common-wealth of Pennsylvania, at Harrisburg,Pennsylvania, on May 14, 2010, for the purposeof obtaining a Certificate of Incorporation underthe Business Corporation Law of 1988, Act ofDecember 21, 1988, P.L. 1444, No. 177, asamended. The name of the corporation is:HEF’S HOLDINGS, INC.The purpose of the corporation is to operate a

restaurant and music club and any and all legalbusiness within Pennsylvania and all otheractivities connected therewith, and shall haveunlimited power to engage in and to do any law-ful act concerning any and all lawful businessfor which corporations may be incorporatedunder the Business Corporation Law of 1988.

HARRY M. BATURIN, Esq.Baturin & Baturin

2604 North Second Streety9 Harrisburg, PA 17110

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on June 23, 2010, by VECTORTOBACCO INC., a foreign corporation formedunder the laws of the Commonwealth ofVirginia, where its principal office is located at4701 Cox Road, Suite 301, Glen Allen, VA23060-6802, for a Certificate of Authority to dobusiness in Pennsylvania under the provisions ofthe Pennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is located

at c/o CT Corporation System, Dauphin County,Pennsylvania. y9

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, Pennsylvania, onJune 15, 2010, for the purpose of obtaining aCertificate of Incorporation under the BusinessCorporation Law of 1988, Act of December 21,1988, P.L. 1444, No. 177, as amended. The nameof the corporation is: JAMES HOLLANDFLOOR CARE, INC.The purpose of the corporation is to providefloor care service and maintenance and any andall legal business within Pennsylvania and allother activities connected therewith, and shallhave unlimited power to engage in and to do anylawful act concerning any and all lawful businessfor which corporations may be incorporatedunder the Business Corporation Law of 1988.


2604 North Second Streety9 Harrisburg, PA 17110

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on June 21, 2010, by BiomassAcquisition, Inc., a foreign corporation formedunder the laws of the State of Delaware, where itsprincipal office is located at 45 East Avenue, 6thFloor, Rochester, NY 14604, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o CT Corporation System, Dauphin County,Pennsylvania. y9

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for Safe Worlds Internet Television, Inc.,a corporation organized under the PennsylvaniaBusiness Corporation Law of 1988.

DUANE MORRIS LLP, Solicitors30 S. 17th Street

y9 Philadelphia, PA 19103-4196

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania,at Harrisburg, PA, on June 18, 2010, byAKSM/Oncology, Inc., a foreign corporationformed under the laws of the State of Delaware,where its principal office is located at 100 W.3rd Avenue, Columbus, OH, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is located


NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsyl-vania, at Harrisburg, PA, on June 25, 2010, byCORDSTRAP USA, INC, a foreign corpora-tion formed under the laws of the State ofDelaware, where its principal office is located at1101 S. Sylvania Avenue, Sturtevant, WI 53177,for a Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is located


NOTICE IS HEREBY GIVEN to all creditorsand claimants of Philadelphia CharitableHoldings Corporation, located at c/o CTCorporation System, Dauphin County, aPennsylvania nonprofit corporation, that theshareholders have approved a proposal that thecorporation dissolve voluntarily and the Board ofDirectors is now engaged in winding up and set-tling the affairs of the corporation so that its cor-porate existence shall be ended pursuant to theprovisions of the Pennsylvania NonprofitCorporation Law of 1988, as amended. y9

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that an applica-tion for the registration of a fictitious name wasfiled with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,Pennsylvania, on the 29th day of June, 2010 for:Blue Front Lounge.This fictitious name was registered pursuant tothe Act of Assembly of December 16, 1982, Act295, as amended, with an address of 109 NorthFront Street, Steelton, PA 17113.


2604 North Second StreetHarrisburg, PA 17110

y9 (717) 234-2427

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

No. 2010 CV 7838 NC

PETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that on June 11,2010, the Petition of EVELYN LEE GRIERTURNBAUGH was filed in the above namedcourt, requesting a decree to change his/her namefrom EVELYN LEE GRIER TURNBAUGH toEVELYN LEE MASTERS.

The Court has fixed AUGUST 5, 2010 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. y9

NOTICE OF HEARING

YOU ARE HEREBY NOTIFIED that aPetition for Reinstatement to the active practiceof law has been filed by JOHN GABRIELDILEONARDO and will be the subject of ahearing on August 24, 2010 before a hearingcommittee designated by the Board. Anyonewishing to be heard in reference to this mattershould contact the District III Office of theDisciplinary Board of the Supreme Court ofPennsylvania, 100 Pine Street, Suite 400,Harrisburg, PA 17101, Phone: 717-772-8572, onor before August 13, 2010.

ELAINE M. BIXLERSecretary of the Board

The Disciplinary Board of they9 Supreme Court of Pennsylvania


PENNSYLVANIA

CIVIL ACTION – LAW

No. 2007-CV-5354-CV

DEBBY FOOR, Plaintiffvs.BRANDY CLARK, Defendant

NOTICE

TO: Debby FoorP.O. Box 44118606 Old Triangle RoadTriangle, VA 22172

YOU ARE NOTIFIED that Defendant, BrandyClark has filed a Motion for Summary Judgmentin the above captioned matter.

IF YOU WISH TO RESPOND, you must entera written appearance personally or by attorneyand file your responses in writing with the Court.You are warned that if you fail to do so the casemay proceed without you and a judgment may beentered without further notice.

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.

FIRST PUBLICATION

Fictitious Notices

FIRST PUBLICATION

Miscellaneous Notices

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 COUNTY BAR ASSOCIATION213 North Front StreetHarrisburg, PA 17101

Phone: (717) 232-7536Fax: (717) 234-4582

THOMAS F. KLOSINSKI, Esq.Bennet, Bricklin & Saltzburg LLC

222 East Orange StreetLancaster, PA 17602

y9 (717) 393-4400


PENNSYLVANIA


No. 2010 CV 01521 MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

BAC HOME LOANS SERVICING, LPf/k/a COUNTRYWIDE HOME LOANS SERVICING LP, 7105 Corporate Drive, PTX C-35Plano, TX 75024, Plaintiffvs.SHANE H. RESSLER and HEIDI J. RESSLER, Mortgagors and Record Owners 2540 White Oak RoadHalifax, PA 17032, Defendants

THIS LAW FIRM IS ADEBT COLLECTOR AND

WE ARE ATTEMPTING TO COLLECT A DEBT.

THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT.

ANY INFORMATION OBTAINED FROM YOU WILL BE USED

FOR THAT PURPOSE.

FIRST PUBLICATION


NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TO: SHANE H. RESSLER and HEIDI J. RESSLER, Defendants,whose last known address is 2540 White Oak RoadHalifax, PA 17032

YOU ARE HEREBY NOTIFIED that yourhouse at 2540 White Oak Road, Halifax, PA17032, is scheduled to be sold at Sheriff’s Sale onThursday, July 15, 2010, at 10:00 A.M., inDauphin County Administration Building,Commissioners Hearing Room, Second andMarket Streets, Harrisburg, PA 17101, to enforcethe court judgment of $196,553.57, obtained byBAC HOME LOANS SERVICING, LP f/k/aCOUNTRYWIDE HOME LOANS SERVICINGLP against you.

NOTICE OF OWNER’S RIGHTS

YOU MAY BE ABLE TO PREVENT THIS SHERIFF’S SALE

TO PREVENT THIS SHERIFF’S SALE youmust take immediate action: 1. The sale will becancelled if you pay to BAC HOME LOANSSERVICING, LP f/k/a COUNTRYWIDE HOMELOANS SERVICING LP, the back payments,late charges, costs and reasonable attorney’s feesdue. To find out how much you must pay call ouroffice at 215-825-6329 or 1-866-413-2311. 2.You may be able to stop the sale by filing a peti-tion asking the Court to strike or open judgment,if the judgment was improperly entered. You mayalso ask the Court to postpone the sale for goodcause. 3. You may also be able to stop the salethrough other legal proceedings. 4. You may needan attorney to assert your rights. The sooner youcontact one, the more chance you will have ofstopping the sale. (See notice below on how toobtain an attorney).

YOU MAY STILL BE ABLE TO SAVEYOUR PROPERTY AND YOU HAVE OTHERRIGHTS EVEN IF THE SHERIFF’S SALEDOES NOT TAKE PLACE. 1. If the Sheriff’sSale is not stopped, your property will be soldto the highest bidder. You may find out the pricebid price by calling the Sheriff of DauphinCounty at 717-255-2660. 2. You may be able topetition the Court to set aside the sale if the bidprice was grossly inadequate compared to thevalue of your property. 3. The sale will gothrough only if the buyer pays the Sheriff thefull amount due in the sale. To find out if this

has happened, you may call the Sheriff ofDauphin County at 717-255-2660. 4. If theamount due from the Buyer is not paid to theSheriff, you will remain the owner of the prop-erty as if the sale never happened. 5. You havea right to remain in the property until the fullamount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, thebuyer may bring legal proceedings to evict you.6. You may be entitled to a share of the moneywhich was paid for your house. A schedule ofdistribution of the money bid for your housewill be filed by the Sheriff within thirty (30)days from the date of the Sheriff’s Sale. Thisschedule will state who will be receiving thatmoney. The money will be paid out in accor-dance with this schedule unless exceptions (rea-sons why the proposed distribution is wrong)are filed with the Sheriff within ten (10) daysafter the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 8. Youmay contact the Foreclosure Resource Center:http://www.philadelphiafed.org/foreclosure/

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICELISTED BELOW TO FIND OUT WHERE YOUCAN GET LEGAL HELP.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

CENTRAL PENNSYLVANIALEGAL SERVICES

213-A North Front StreetHarrisburg, PA 17101

(717) 232-0581

MICHAEL T. MCKEEVER, Esq.Goldbeck McCafferty & McKeever, P.C.

Suite 5000Mellon Independence Center

701 Market StreetPhiladelphia, PA 19106

y9 (215) 825-6318


PENNSYLVANIA


No. 2010 CV 03118 MF


M&T BANK S/B/M ALLFIRST BANK, 1100 Wehrle Drive, 2nd FloorWilliamsville, NY 14221, Plaintiffvs.JOHN MOWERY JR., Mortgagorand Record Owner, 2145 Logan StreetHarrisburg, PA 17110, Defendants

THIS LAW FIRM IS A DEBT COLLECTORAND WE ARE ATTEMPTING TO

COLLECT A DEBT. THIS NOTICE IS SENT TO YOU

IN AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED

FROM YOU WILL BE USED FOR THAT PURPOSE.


TO: JOHN MOWERY JR., Defendant, whose last known address is 322 Second Street, Apt. 1408Harrisburg, PA 17101

YOU ARE HEREBY NOTIFIED that yourhouse at 2145 Logan Street, Harrisburg, PA17110, is scheduled to be sold at Sheriff’s Sale onThursday, July 15, 2010, at 10:00 A.M., inDauphin County Administration Building,Commissioners Hearing Room, Second andMarket Streets, Harrisburg, PA 17101, to enforcethe court judgment of $47,402.82, obtained byM&T BANK S/B/M ALLFIRST BANK againstyou.

NOTICE OF OWNER’S RIGHTS

YOU MAY BE ABLE TO PREVENT THIS SHERIFF’S SALE

TO PREVENT THIS SHERIFF’S SALE youmust take immediate action: 1. The sale will becancelled if you pay to M&T BANK S/B/MALLFIRST BANK, the back payments, latecharges, costs and reasonable attorney’s feesdue. To find out how much you must pay callour office at 215-825-6329 or 1-866-413-2311.2. You may be able to stop the sale by filing a

FIRST PUBLICATION


petition asking the Court to strike or open judg-ment, if the judgment was improperly entered.You may also ask the Court to postpone the salefor good cause. 3. You may also be able to stopthe sale through other legal proceedings. 4. Youmay need an attorney to assert your rights. Thesooner you contact one, the more chance you willhave of stopping the sale. (See notice below onhow to obtain an attorney). YOU MAY STILLBE ABLE TO SAVE YOUR PROPERTY ANDYOU HAVE OTHER RIGHTS EVEN IF THESHERIFF’S SALE DOES NOT TAKE PLACE.1. If the Sheriff’s Sale is not stopped, your prop-erty will be sold to the highest bidder. You mayfind out the price bid price by calling the Sheriffof Dauphin County at 717-255-2660. 2. You maybe able to petition the Court to set aside the saleif the bid price was grossly inadequate comparedto the value of your property. 3. The sale will gothrough only if the buyer pays the Sheriff the fullamount due in the sale. To find out if this has hap-pened, you may call the Sheriff of DauphinCounty at 717-255-2660. 4. If the amount duefrom the Buyer is not paid to the Sheriff, you willremain the owner of the property as if the salenever happened. 5. You have a right to remain inthe property until the full amount due is paid tothe Sheriff and the Sheriff gives a deed to thebuyer. At that time, the buyer may bring legalproceedings to evict you. 6. You may be entitledto a share of the money which was paid for yourhouse. A schedule of distribution of the moneybid for your house will be filed by the Sheriffwithin thirty (30) days from the date of theSheriff’s Sale. This schedule will state who willbe receiving that money. The money will be paidout in accordance with this schedule unlessexceptions (reasons why the proposed distribu-tion is wrong) are filed with the Sheriff within ten(10) days after the schedule of distribution isfiled. 7. You may also have other rights anddefenses, or ways of getting your house back, ifyou act immediately after the sale. 8. You maycontact the Foreclosure Resource Center:http://www.philadelphiafed.org/foreclosure/ YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICELISTED BELOW TO FIND OUT WHERE YOUCAN GET LEGAL HELP.



(717) 232-7536

CENTRAL PENNSYLVANIALEGAL SERVICES

213-A North Front StreetHarrisburg, PA 17101

(717) 232-0581

MICHAEL T. MCKEEVER, Esq.Goldbeck McCafferty & McKeever, P.C.

Suite 5000Mellon Independence Center

701 Market StreetPhiladelphia, PA 19106

y9 (215) 825-6318


PENNSYLVANIA

ORPHANS’ COURT DIVISION

NOTICE OF HEARINGTO TERMINATE PARENTAL RIGHTS

JULY 19, 2010

9:30 A.M. Unknown Father, father and Stacie M. Tharrett, motherDocket No. 63 — Adopt 2010 In Re: Male child DLK born 3/21/98

10:00 A.M. Unknown Father, father and Tracie L. Hill, motherDocket No. ____— Adopt 2010 In Re: Female child SRH born 1/5/10

10:30 A.M. Shaw F. Smith, Father and Joann Marie Thomas, motherDocket No. 63 — Adopt 2010 In Re: Female child JRMS born 5/5/06

11:00 A.M. Jerome Harris, father and Unknown Father, father and Delisa-Ann Marie-Franciss Dello-Stritto, motherDocket No. ____— Adopt 2010 In Re: Female child LFWborn 5/9/08

FIRST PUBLICATION


YOU ARE HEREBY NOTIFIED that a peti-tion has been filed asking the Court to put an endto all rights you have to your child(ren). TheCourt has set a hearing to consider ending yourrights to your child(ren). That hearing will beheld in Dauphin County Courthouse, Front andMarket Streets, Harrisburg, Pennsylvania, inCourtroom 1, Fifth Floor, on the date and timespecified. You are warned that even if you fail toappear at the scheduled hearing, the hearing willgo on without you and your rights to your childmay be ended by the Court without your beingpresent. You have a right to be represented at thehearing by a lawyer. You should take this noticeto your lawyer at once. If you do not have alawyer, go to or telephone the office set forthbelow to find out where you can get legal help.You are also warned that if you fail to file eitheran acknowledgement or paternity pursuant to 23Pa. C.S.A. Section 5103 and fail to either appearat the hearing to object to the termination of yourrights or file a written objection to such termina-tion with the Court prior to the hearing, yourrights may also be terminated under Pa. C.S.A.Section 2503(d) or Section 2504(c) of theAdoption Act.



(717) 232-7536 y9


PENNSYLVANIA

No. 2010-CV-2139-MF

NOTICE OF SHERIFF’S SALE

WACHOVIA MORTGAGE CORPORATION, Plaintiffvs.RACHEL J. TRADER, Defendant

NOTICE

TO: RACHEL J. TRADER


BEING PREMISES: 437 3RD STREET,STEELTON, PA 17113.

BEING in SWATARA Township, County ofDAUPHIN Commonwealth of Pennsylvania.

PARCEL Number 1: 63-051-104-000-0000.IMPROVEMENTS consist of residential

property.SOLD as the property of RACHEL J.

TRADER.YOU ARE HEREBY NOTIFIED that your

house (real estate) at 437 3RD STREET, STEEL-TON, PA 17113 is scheduled to be sold at theSheriff’s Sale on JULY 15, 2010 at 10:00 AM., atthe DAUPHIN County Courthouse to enforce theCourt Judgment of $114,684.66 obtained by,WACHOVIA MORTGAGE CORPORATION(the mortgagee), against the above premises.

PHELAN HALLINAN & y9 SCHMIEG, LLP


PENNSYLVANIA


CIVIL DIVISION

No. 2009 CV 17182 MF


WELLS FARGO BANK, N.A., Plaintiffvs.MICHAEL J. QUINO, JR., andMICHELLE R. QUINO, Defendants

NOTICE

TO: Michael J. Quino, Jr. and Michelle R. Quino

YOU ARE HEREBY NOTIFIED that onDecember 4, 2009, Plaintiff, Wells Fargo Bank,N.A., filed a Mortgage Foreclosure Complaintendorsed with a Notice to Defend, against you inthe Court of Common Pleas of Dauphin CountyPennsylvania, docketed to No. 2009 CV 17182MF. Wherein Plaintiff seeks to foreclose on themortgage secured on your property located at 14North Union Street, Middletown, PA 17057whereupon your property would be sold by theSheriff of Dauphin County.

FIRST PUBLICATION


YOU ARE HEREBY NOTIFIED to plead tothis referenced Complaint on or before twenty(20) days from the date of this publication or aJudgment will be entered against you.

NOTICE

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

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

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



(717) 232-7536 y9

FIRST PUBLICATION


IONNI ABSTRACTCOMPANY

Est. 1968

Providing 60 Years and Present OwnerTitles Searches on

Commercial & Residential Propertiesin Dauphin, Cumberland,

Perry & YorkCounties.

For Information or Fee ScheduleContact us at:

104 Walnut StreetHarrisburg, PA 17101

orP: 717-232-6739F: 717-232-0124

Agent for Stewart Title Guaranty Company since 1973

Graphic Design • Electronic Pre-Press • Invitations

Announcements • Legal Briefs • Legal Backers

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Envelopes • Multi Color Printing • Flyers

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Quality Printing Since 1893

TOLL FREE 1-888-883-2598

PHONE 232-0541 • FAX 232-7458

EMAIL: [email protected]

ALLIED PRINTING

HARRISBURG, PA

TRADES COUNCILUNION LABELR 1

KURZENKNABE PRESS

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Printing The Dauphin County Reporter everyweek for nearly 100 years

1424 HERR STREET

HARRISBURG, PA 17103

Alcohol or Other Drugs a Problem?

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LAWYERSCONFIDENTIAL

HELP-LINE1-888-999-1941

24 Hours Confidential

A Service Provided by

Lawyers Concerned for Lawyers of Pennsylvania, Inc.

Vol. 124 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

Atlantic Credit & Finance Inc. v. Wylie . . . . . . . . . . . . . . . . . . . . . 163

Cameron Real Estate, LP, et al., Pennsy Supply, Inc. v. . . . . . . . . . 99

Carroll, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Centric Bank, Schmitt v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Commonwealth v. Carroll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Commonwealth v. Fernsler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Commonwealth v. Hosby . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Commonwealth v. Jones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Commonwealth v. Montelione . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Commonwealth v. Wingus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Cox, Wilson, et al. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Daniels, et al., v. Norfolk Southern Corporation, et al.,

Wallett’s Flooring Services, Inc. v. . . . . . . . . . . . . . . . . . . . . . 94

DeHart, Fletcher v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Dock v. Harrisburg Hospital, et al. . . . . . . . . . . . . . . . . . . . . . . . . . 106

East Hanover Township Board of Supervisors

v. RVG Land, LLC, Mundy, et al. v. . . . . . . . . . . . . . . . . . . . . 116

Estrada v. Olt, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Estright v. Harrisburg Hospital, et al. . . . . . . . . . . . . . . . . . . . . . . . 153

Fenstermacher, Mihelich v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

Fernsler, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Fletcher v. DeHart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Harrisburg Hospital, et al., Dock v. . . . . . . . . . . . . . . . . . . . . . . . . 106

Harrisburg Hospital, et al., Estright v. . . . . . . . . . . . . . . . . . . . . . . 153

Herd Chiropractic v. State Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

Hershey Medical Center, et al., Lopresti v. . . . . . . . . . . . . . . . . . . 48

Hosby, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

In re: Appeal of City of Harrisburg . . . . . . . . . . . . . . . . . . . . . . . . . 200

In re: Estate of Benjamin F. Herr . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

Investigative Consultant Services, Inc., et al.,

Tagouma v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Jones, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Kelly v. Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Kelly, Kelly v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Kelly Systems, Inc. v. Koda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Keystone Service Systems, Inc., Pennswood

Apartments L.P. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Koda, Kelly Systems, Inc. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Lopresti v. Hershey Medical Center, et al. . . . . . . . . . . . . . . . . . . . 48

McAfee v. Quantum Imaging and Therapeutic

Associates, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

McGarrie v. Short . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

McNany, Walter v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Mihelich v. Fenstermacher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

Montelione, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Mundy, et al. v. East Hanover Township Board of Supervisors

v. RVG Land, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Norfolk Southern Corporation, et al. v.

Wallett’s Flooring Services, Inc. v. Daniels, et al. . . . . . . . . . 94

Olt, et al., Estrada v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

II DAUPHIN COUNTY REPORTS Vol. 124

Cumulative Table of Cases

Pennswood Apartments L.P. v. Keystone Service Systems, Inc. . . 27

Pennsy Supply, Inc. v. Cameron Real Estate, LP, et al. . . . . . . . . . 99

Peters v. Zoning Hearing Board of Londonderry Township . . . . . 166

Quantum Imaging and Therapeutic Associates, Inc.,

McAfee v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

RVG Land, LLC, Mundy, et al. v. East Hanover Township

Board of Supervisors v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Schmitt v. Centric Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Short, McGarrie v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

State Farm, Herd Chiropractic v. . . . . . . . . . . . . . . . . . . . . . . . . . . 180

State Farm, Tomasetti v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

Tagouma v. Investigative Consultant

Services, Inc., et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Tomasetti v. State Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

Wallett’s Flooring Services, Inc. v. Daniels, et al.,

v. Norfolk Southern Corporation, et al. . . . . . . . . . . . . . . . . . . 94

Walter v. McNany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Wilson, et al. v. Cox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Wingus, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Wylie, Atlantic Credit & Finance Inc. v. . . . . . . . . . . . . . . . . . . . . 163

Zoning Hearing Board of Londonderry Township, Peters v. . . . . . 166

Vol. 124 DAUPHIN COUNTY REPORTS III

Cumulative Table of Cases

CONSIDERAN ALTERNATE

ROUTE:

Dauphin County Bar Association

Civil Dispute Resolution Program

TRIALAHEAD?

CCAALLLL((771177)) 223322--77553366FFOORR DDEETTAAIILLSS

TRIALAHEAD?

BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

James P. DeAngelo Elizabeth “Liesl” BeckleyPresident President-Elect

Brett M. Woodburn John D. SheridanVice President Treasurer

Jonathan W. Kunkel Renee Mattei MyersSecretary Past President

Courtney Kishel Powell Carrie E. SmythYoung Lawyers’ Chair Young Lawyers’ Vice Chair

William L. Adler Tracy L. BoakC. Grainger Bowman Judson B. PerryRobert E. Chernicoff Gerald S. Robinson

Brooks R. Foland Richard A. SadlockS. Barton Gephart J. Michael Sheldon

Stephen M. Greecher, Jr. Robert F. TeplitzDarren J. Holst Claudia M. Williams

James J. McCarthyDirectors

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

JULY 2010 Judge Andrew H. DOWLINGAUGUST 2010 Judge Richard A. LEWIS

Opinions Not Yet ReportedMay 26, 2010 – Clark, J., Papadoplos v. Schmidt, Ronca & Kramer, P.C., No. 1930 CV

2002June 10, 2010 – Bratton, J., Wege v. Warner, No. 2009 CV 6769 QT

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

COMMERCIAL BUILDING FOR SALE — Angino & Rovner, P.C. AnnexOffice Building (to be subdivided) — 4503 NORTH FRONT STREET,HARRISBURG. ENTRANCE: Miller’s Lane. Two floors, 9,644 sq. ft. plus 1,316 sq.ft., full basement with garage. TOTAL: 10,960 sq. ft. PARKING: asphalt and stonefor 35 cars. PRICE: $825,000. CONTACT: Angino & Rovner, P.C., Mark Seiffert,717-238-6795 ext. 3039. y2-y23

FULL-TIME PARALEGAL / SECRETARY — Downtown Harrisburgplaintiff’s personal injury law firm seeking experienced paralegal/secretary.Proficient in grammar, WordPerfect, drafting court documents and organizationalskills. Must work well on own and have pleasant phone skills. Salary DOE, parkingprovided. Send résumé and salary requirements to: Dauphin County Reporter, Attn:M, 213 North Front Street, Harrisburg, PA 17101. y2-y16

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PUBLIC NOTICE

OF PROPOSED AMENDMENTS TO THE LOCAL RULES OF COURTOF THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF

PENNSYLVANIA TO BECOME EFFECTIVE DECEMBER 1, 2010

PUBLIC COMMENT PERIOD ENDS August 13, 2010

The U.S. District Court for the Middle District of Pennsylvania is proposingto amend the Local Rules of Court as provisionally approved by the Board of Judges. Pursuant to 28 U.S.C. §2071 and in accordance with Fed. R. Civ. P. 83 (a)(1), the Court hereby offers public notice of the proposed amendments andseeks public comment. Amendments to the Local Rules will become effectiveDecember 1, 2010.

A copy of the proposed amendments to the Local Rules of Court may beobtained from the Clerk’s Office and the Court’s web site @www.pamd.uscourts.gov. Comments must be submitted in writing to the Clerk ofCourt, Mary E. D’Andrea, William J. Nealon Federal Building and U.S.Courthouse, 235 North Washington Avenue, P.O. Box 1148, Scranton, PA 18501-1148 by August 13, 2010. y2-y9

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

ATTORNEY — Mid-sized Center City Philadelphia law firm is seeking an Attorney for its Harrisburg, PA office. The successful candidate’s work load will consist of 60% Workers’ Compensation matters and 40% CommercialLitigation matters. Must be admitted to practice in Pennsylvania. Firm offersfriendly office environment, competitive salary, and an excellent benefits package including 401K and medical. Send resume and cover letter to:[email protected]. y9-y23

ASSOCIATE ATTORNEY — A full-service, Harrisburg-based law firm seeksan Associate Attorney with at least five years experience in some or all of thefollowing practice areas: bankruptcy (primarily debtor’s work), tax, real estatetransactions, estate planning and estate administration. (An LLM in tax is anadvantage, but not a requirement).

The position is well suited for a solo practitioner or member of a small law firmwho desires to practice law instead of manage and operate the business of the practiceof law. The successful candidate must have a book of business in some of the abovepractice areas that he or she can bring to augment the firm’s existing caseload.

The firm will consider adding other existing firm practice areas to this positionif the successful candidate has experience in some of the firm’s other practice areas;and the firm will consider adding new firm practice areas to this position if thesuccessful candidate has experience in other areas not currently practiced by the firm.If the successful candidate is a solo with an established practice location in thegreater Harrisburg area, the firm will consider incorporating that practice locationinto the position/firm.

The firm pays a base salary, with origination fees and bonuses. The firm offershealth and disability insurance, a retirement plan and other employee benefits.

For more information on the firm, please see our website atwww.scaringilaw.com. Interested candidates should e-mail their resume [email protected]. y9-y23

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