Dauphin County Reporter (USPS )

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1 ADVANCE SHEET THE Dauphin County Reporter (USPS ) A WEEKLY JOURNAL CONTAINING THE DECISIONS RENDERED IN THE 12th JUDICIAL DISTRICT Pages No. 5921, Vol. 125 June 7, 2013 No. 56 Entered 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 office of the Dauphin County Reporter, 213 North Front Street, Harrisburg, PA Telephone (717) Wade v. Field v. Country Meadows of Hershey 259 Bar Association Page Inside Back Cover

2 THE DAUPHIN COUNTY REPORTER Edited and Published by the DAUPHIN COUNTY BAR ASSOCIATION 213 North Front Street Harrisburg, PA (717) ELIZABETH G. SIMCOX Executive Director JOYCE TAMBOLAS Administrative Assistant BRIDGETTE L. HILBISH Office Assistant Printed by KURZENKNABE PRESS 1424 Herr St., Harrisburg, PA THE DAUPHIN COUNTY REPORTER (USPS ) is published weekly by the Dauphin County Bar Association, 213 North Front Street, Harrisburg, PA Periodical postage paid at Harrisburg, PA. POSTMASTER: Send address changes to THE DAUPHIN COUNTY RE- PORTER, 213 North Front Street, Harrisburg, PA TERMS Advertisements must be received before 12 o clock noon on Tuesday of each week at the office of the Dauphin County Reporter, 213 North Front Street, Harrisburg, PA Telephone (717) Estate Notices DECEDENTS ESTATES NOTICE IS HEREBY GIVEN that letters testamentary or of administration have been granted in the following estates. All persons indebted to the estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors or their attorneys named below. FIRST PUBLICATION ESTATE OF PHYLLIS M. BEINHAUR, late of Swatara Township, Dauphin County, Pennsylvania. Executors: Jeffrey C. Beinhaur, 155 Creekwood Dr., Camp Hill, PA 17011, Glenn B. Beinhaur, 536 Warm Springs Rd, Landisburg, PA Attorney: John. R. Beinhaur, Esq., Curcillo Law, LLC, 3964 Lexington Street, Harrisburg, PA ESTATE OF VIRGINIA R. CAMPBELL, late of Millersburg Borough, Dauphin County, Pennsylvania. Executors: Larry B. Campbell, 121 Huckleberry Lane, Spring Mills, PA 16875, Charles J. Campbell, 41 Fishing Rod Road, Liverpool, PA 17045, Roger A. Campbell,103 Ebenezer Road, Halifax, PA Attorney: Earl Richard Etzweiler, Esq., 105 N. Front Street, Harrisburg, PA ESTATE OF GEORGE M. LEADER, late of Derry Township, Dauphin County, Pennsylvania, (died on May 9, 2013). Executors: G. Michael Leader, III, Jane Leader Janeczek and David C. Leader, 830 Cherry Drive, Hershey, PA Attorney: Charles J. DeHart, III, Esq., Elizabeth H. Feather, Esq., Caldwell & Kearns, P.C., 3631 North Front Street, Harrisburg, PA ESTATE OF EVELYN A. PARKS, late of Lower Paxton Township, Dauphin County, Pennsylvania, (died April 20, 2013). Executor: Stanley Ronald Parks, 129 Maple Road, Harrisburg, PA Attorney: Elyse E. Rogers, Esq., Saidis, Sullivan & Rogers, 635 North 12th Street, Suite 400, Lemoyne, PA ESTATE OF DELORES J. MILLER, late of Harrisburg, Dauphin County, Pennsylvania, (died March 4, 2013). Executor/Administrator: William H. Miller, 4211 Plymouth St., Harrisburg, PA ESTATE OF LEE GRANT PICKEL, SR., late of Middletown Borough, Dauphin County, Pennsylvania. Administrator: Lee G. Pickel, Jr., c/o Craig A. Hatch, Esq., Gates, Halbruner, Hatch & Guise, P.C Mumma Road, Suite 100, Lemoyne, PA Attorney: Craig A. Hatch, Esq., Gates, Halbruner, Hatch & Guise, P.C Mumma Road, Suite 100, Lemoyne, PA

3 259 (2013)] DAUPHIN COUNTY REPORTS 259 Wade v. Field v. Country Meadows of Hershey is invalid. Having contractual language that suggests a merger in title. Plaintiff has not made any further attempt to develop this argument and this court does not otherwise find any merit to it. As set forth above, the law fully protected Defendant s mortgage lien during tax sale proceedings, and as such, I entered an Order November 28, 2012, granting summary judgment in Defendant s favor, declaring that Defendant s lien was reinstated in all respects, as of the recording date. o Wade v. Field v. Country Meadows of Hershey Garnishment - Execution - Judgment by Admission - Petition to Strike. In a separate action, the plaintiffs and defendant had entered into a stipulated judgment for $228,651 in plaintiffs favor. The plaintiffs thereafter filed a Writ of Execution with Interrogatories against the garnishee, an assisted living facility, to attach funds prepaid by the defendant under her Resident Agreement for anticipated future services. Based upon the answers to the interrogatories, the plaintiffs obtained a judgment by admission, and the garnishee then filed this petition to strike or open the judgment. 1. Garnishment is a remedy created to enable a judgment creditor to reach assets of his debtor held by a third party. Sevast v. Kakouras, 841 A.2d 1062, 1066 (Pa. Super. 2003), reversed on other grounds, 915 A.2d 1147 (Pa. 2007); Brown v. Candelora, 708 A.2d 104, 107 (Pa. Super 1998). All personal property and salable real estate owned by a judgment debtor is subject to execution unless specifically exempted by statute. Krysmalski by Krysmalski v. Tarasovich, 622 A.2d 298, 310 n.7 (Pa. Super. 1993). 2. For the purposes of garnishment practice under the Pennsylvania Rules of Civil Procedure, any person may be a garnishee and shall be deemed to have possession of property of the defendant provided he or she has property of the defendant in his custody, possession or control. Pa.R.C.P. 3101(b). If the garnishee responds to interrogatories by admitting to possessing property of the judgment defendant which is attachable under state law, then the court shall... enter judgment for the value of the property of the defendant in the hands of the garnishee... up to the amount of the judgment plus interest and costs. Pa.R.C.P. 3146(a)(1). The admissions of a garnishee, made through answers to interrogatories, support the entry of judgment only in a clear case, where there is a distinct admission of liability by the garnishee to the defendant. Ruehl v. Maxwell Steel Co., Inc., 474 A.2d 1162, (Pa. Super. 1984). 3. The plaintiff in an attachment proceeding stands in the shoes of the defendant as to any claim he has against the garnishee. Appel Vending Co. v Corp., 203 A.2d 812, 813 (Pa. Super. 1964); see also, Sevast v. Kakouras at A petitioner seeking to open a judgment bears the burden of producing sufficient evidence to substantiate its alleged defenses. Haggerty v. Fetner, 481 A.2d 641, 647 (Pa. 1984).

4 260 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey Petition to Strike or Open Judgment. C.P., Dau. Co., No CV 2720 CV. Petition denied. Markian R. Slobodian, for Plaintiffs Herbert Corky Goldstein, for Defendants Kirk S. Sohonage, for Garnishee TURGEON, J., May 23, 2013 The issue presented in this case is whether a judgment creditor can garnish funds the judgment debtor prepaid to an assisted living facility for anticipated future expenses. As set forth below, I find that the prepaid monies are subject to garnishment under the facts presented and accordingly deny the garnishee s petition to strike or open the judgment entered by admission upon a writ of execution. Procedural and Factual Background Plaintiffs Jerome and Cheryl Wade, husband and wife, initially brought this action in 2004 against Marjorie and Wendy Field, mother and daughter, to recover damages for breach of contract and in tort. With regard to Marjorie Field (hereinafter defendant ), who bought and sold jewelry, plaintiffs alleged that she knowingly sold them numerous counterfeit and fake reproduction jewelry pieces over the course of a few years. They alleged as well that she failed to pay them $71,650 on a $ 100,000 personal loan they had extended to her in December On October 24, 2011, just prior to trial, the plaintiffs and defendant Marjorie Field entered into a stipulated judgment for $228,651 in plaintiffs favor. 1 At the time the judgment was entered, defendant was 90 years old and allegedly incapacitated due to Alzheimer s. She was then a resident at Country Meadows of Hershey, an assisted care facility where she had been residing since November 29, On November 17, 2011, Plaintiffs filed a Praecipe to Enter Judgment against defendant upon the stipulated judgment as well as a Writ of Execution with Interrogatories against Country Meadows of Hershey, as garnishee, directing the Sheriff to attach property of the defendant in Country Meadows possession. 2 Following service of the Writ and Interrogatories, Vincent Mizak, a Country Meadows senior vice 1. The case against Wendy Field was tried before a jury and on November 1, 2011, the jury rendered a plaintiffs verdict of $21, Plaintiffs also filed a Writ of Execution with Interrogatories against Citizens Bank as garnishee on December 8 and 9, Plaintiffs sought to garnish monies from two accounts defendant had with the bank.

5 259 (2013)] DAUPHIN COUNTY REPORTS 261 Wade v. Field v. Country Meadows of Hershey president of finance, answered the Interrogatories on Country Meadows behalf. He identified defendant s prepayment funds as maintained in a Country Meadows bank account and that the total amount of prepayment being held for Ms. Field amounts to $50, (Joint Exbt. 1 (Mizak Dep. Exbt. 3)) He explained that the funds had been provided by defendant to Country Meadows under her Resident Agreement with Country Meadows, which allows a resident to pay in advance towards anticipated future services. (Id.) Mizak explained that [t]he residual value [prepayment] is maintained in a Country Meadows bank account until the resident moves from the facility at which time the remaining balance is refunded. (Id.) Mizak also attached copies of two Citizens Bank Official Checks (i.e. teller s checks) which he identified as the source of the prepayment funds. Based upon Mizak s responses to the Interrogatories, which plaintiffs considered an admission, judgment was entered January 6, 2012 against Country Meadows as garnishee for $50, On January 17, 2012, defendant filed an Application for Stay and to Set Aside Plaintiffs Writ of Execution, as against garnishee Country Meadows. Plaintiffs filed a timely response including an assertion that the two prepayments made to Country Meadows were a deliberate attempt to hide or shield defendant s assets from plaintiffs. Following a conference with the parties, I denied defendant s Application for Stay, June 1, Neither defendant nor Country Meadows filed an appeal from the entry of this order. On July 2, 2012, Country Meadows filed a Petition to Strike or Open the January 6, 2012 judgment entered against it as garnishee. At the hearing on the petition, the parties submitted into the record Mizak s deposition as well as other exhibits. The relevant evidence submitted included the following: Defendant s Resident Agreement with Country Meadows permitted prepayment of services, as follows: Payments in Advance. [Country Meadows] has established a special program for residents who pay in advance, one time each year, their entire Customized Service Rate for a twelvemonth period. If You wish to participate, [Country Meadows] 3. As part of the same order, I granted defendant s Application for Stay regarding plaintiffs Writ of Execution as against garnishee Citizens Bank, on the basis that the monies held by the bank were exempt from garnishment because they consisted of Social Security and pension payments.

6 262 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey agrees to pay You six percent (6%) simple interest on the unearned balance of the year s customized Service Rate. Interest shall be credited monthly to Your account or, if our Agreement is terminated, principal and interest shall be paid at that time. (Joint Exbt. 2 (Application for Stay, Exbt. A ( E.2.12))) The Resident Agreement also included provisions in two other clauses that provided any unapplied (pre)payments made to Country Meadows would be refunded upon the resident s decision to terminate the agreement and vacate the premises, or upon the resident s death. (Id. Exbt. A ( G.3 and G.4)) Mizak testified at his deposition that Country Meadows provided monthly account statements to all residents, including defendant. These statements clearly identified the amount of any prepayment as a credit to the resident s account, monthly interest earned on the prepayment and charges incurred. (Joint Exbt. 1 (Mizak Dep. at 33, 37 and Dep. Exbts. 2, 4)) All prepaid monies received by Country Meadows were placed in Country Meadows corporate operating account. (Id. (Mizak Dep. at and Dep. Exbts. 1, 2)) In June or July 2012, defendant s son applied for aid from Country Meadows on his mother s behalf seeking a reduced monthly fee. In the application, he indicated he had made the prepayment to Country Meadows on his mother s behalf, explaining as follows: when my mother s lawsuit was ended I sold he[r] stock and prepaid total balance to Country Meadows also prepaid all her bank balances to Country Meadows... Id. (Mizak Dep. Exbt. 4)) With regard to the two prepayments, the first was made on September 27, 2011, just a few weeks before defendant s attorney agreed to the entry of the stipulated judgment on defendant s behalf in the underlying lawsuit, for $228,651. This first payment received was a Citizens Bank teller s check for $43, According to Mizak, Country Meadows designated $28,318 as prepayment and the remainder applied to charges already incurred by defendant. (Id. (Mizak Dep. at 21, 24 and Dep. Exbt. 1)) On November 7, 2011, just two weeks following entry of the stipulated judgment, Country Meadows received a second Citizens Bank teller s check for $31, on defendant s behalf. Country Meadows designated the entire amount of the second check as a prepayment since defendant was current on her payments. (Id. (Mizak Dep. at and Dep. Exbt. 2)) As of the date of the second check, these were the only

7 259 (2013)] DAUPHIN COUNTY REPORTS 263 Wade v. Field v. Country Meadows of Hershey prepayments defendant had ever made to Country Meadows since beginning her residency there in November (Id.. (Mizak Dep. at 29)) Legal Discussion The issues presented by garnishee Country Meadows in its Petition Strike or Open Judgment, as supplemented at oral argument, are that (1) the judgment by admission should be stricken because the face of the record does not clearly show that Country Meadows admitted in its answers to interrogatories that it possessed property belonging to defendant (Petition to Strike 7-18); (2) the judgment should be opened because the record offered into evidence does not show that the prepaid monies were defendant s property but instead belonged to Country Meadows (Petition to Open and N.T. 11/13/12 at 6-9); and (3) some portion of the funds used to make the prepayments may be protected (exempt) from garnishment. (N.T. 11/13/12 at 7) Garnishment is a remedy created to enable a judgment creditor to reach assets of his debtor held by a third party. Sevast v. Kakouras, 841 A.2d 1062, 1066 (Pa. Super. 2003), reversed on other grounds, 915 A.2d 1147 (Pa. 2007); Brown v. Candelora, 708 A.2d 104, 107 (Pa. Super. 1998). [A]ll personal property and salable real estate owned by a judgment debtor is subject to execution unless specifically exempted by statute. Krysmalski by Krysmalski v. Tarasovich, 622 A.2d 298, 310 n.7 (Pa. Super. 1993) (citations omitted). The procedure for garnishment actions in Pennsylvania is set forth in the Rules of Civil Procedure. Pa.R.C.P For the purposes of garnishment practice, under the facts of this action, [a]ny person may be a garnishee and shall be deemed to have possession of property of the defendant provided he or she has property of the defendant in his custody, possession or control... Pa.R.C.P. 3101(b) Garnishee is fully defined under Rule 3101, as follows: Rule Definitions. Garnishee. Scope... (b) Any person may be a garnishee and shall be deemed to have possession of property of the defendant if the person (1) owes a debt to the defendant; (2) has property of the defendant in his or her custody, possession or control; Note: For limitation on the power to attach tangible personal property, see, Rule 3108(a). (3) holds as fiduciary property in which the defendant has an interest; (4) holds the legal title to property of the defendant whether or not in fraud of creditors; or (5) owns or possesses real property subject to a mortgage, judgment or other lien in which defendant has an interest. Pa.R.C.P (b).

8 264 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey A garnishment action is initiated when a plaintiff files a praecipe for writ of execution to be served upon the garnishee in the county in which the judgment was entered. Pa.R.C.P. 3103(a). Service of the writ upon the garnishee attaches all property of the judgment defendant that is in the possession of the garnishee and that is otherwise attachable under Pennsylvania law. Pa.R.C.P. 3111(b); see, Dietrich Industries, Inc. v. Abrams, 455 A.2d 119, 123 (Pa. Super. 1982). Proper service of the writ of execution upon the garnishee effects an equitable assignment of the judgment defendant s property held by the garnishee for the benefit of the judgment creditor. See, Royal Bank of Pennsylvania v. Selig, 644 A.2d 741, 744 (Pa. Super. 1994) (citation omitted). The garnishee is enjoined from paying any debt to or for the account of the judgment defendant and from delivering any attached property of the judgment defendant until the judgment against the judgment defendant is satisfied or the writ is discontinued or terminated. Pa.R.C.P. 3111(c). Following service of the writ, the plaintiff may file and serve interrogatories upon the garnishee that frame the issues to be litigated. Pa.R.C.P The procedure between the plaintiff and the garnishee shall, as far as practicable, be the same as though the interrogatories were a complaint and the answer of the garnishee were an answer in a civil action. Pa.R.C.P. 3145(a). If the garnishee responds to interrogatories by admitting to possessing property of the judgment defendant which is attachable under state law then the court shall... enter judgment for the value of the property of the defendant in the hands of the garnishee... up to the amount of the judgment plus interest and costs. Pa.R.C.P. 3146(a)(1). Alternatively, the garnishee may raise in his or her answer to the interrogatories any defense or counterclaim that it may have against the judgment defendant, including evidence of set-off or of other equities that he or she might have made if sued by the original creditor. Pa.R.C.P. 3145(b)(2). The plaintiff in an attachment proceeding stands in the shoes of the defendant as to any claim he has against the garnishee. Appel Vending Co. v Corp., 203 A.2d 812, 813 (Pa. Super. 1964); see also, Sevast v. Kakouras at 1067 (a judgment creditor essentially stands in the shoes of his debtor with regard to the debt owed by the garnishee). However, it is clear that a judgment creditor s rights extend only so far as do the rights of his debtor[;]... an attaching creditor necessarily claims through his debtor, and in the absence of fraud,... no greater right than was vested in the latter at the time the writ was served on the garnishee. First Pennsylvania Banking & Trust Co. v. Liberati, 422 A.2d 1074, 1077 (Pa. Super. 1980) (citations omitted).

9 259 (2013)] DAUPHIN COUNTY REPORTS 265 Wade v. Field v. Country Meadows of Hershey 1. Petition to Strike As recited above, upon service of its writ of execution upon Country Meadows, plaintiffs established an equitable assignment of all of defendant s monies held for the defendant by Country Meadows. Plaintiffs later obtained a judgment by admission against Country Meadows January 6, 2012, based upon the answers to interrogatories provided by Country Meadows s representative Mizak, who purportedly admitted Country Meadows possessed defendant s prepaid funds. Rule 3146 permits the prothonotary, upon a plaintiff s praecipe, to enter judgment against the garnishee for the property of the defendant admitted in the answer to interrogatories to be in the garnishee s possession... Pa.R.C.P. 3146(b). The admissions of a garnishee, made through answers to interrogatories, support the entry of judgment only in a clear case, where there is a distinct admission of liability by the garnishee to the defendant. Ruehl v. Maxwell Steel Co., Inc., 474 A.2d 1162, (Pa. Super. 1984) (citation omitted). Courts and commentators have emphasized that judgment on admission cannot be entered unless some part of the plaintiff s claim is unequivocally and unqualifiedly admitted to be due by the defendant s answer. Id. (citation omitted). A petition to strike is properly granted for defects appearing on the face of the record, including where a judgment against a garnishee is improperly entered on the basis of admissions in the garnishee s answers to interrogatories. Id. at 1163 (citations omitted). Country Meadows claims that a close reading of Mizak s answers fails to reveal he made the requisite distinct, unambiguous admission that Country Meadows possessed or controlled defendant s funds such that Country Meadows could be legally considered a garnishee. It argues that as such, the entry of the judgment upon the admission by the prothonotary is a defect upon the face of the record. Country Meadows asserts in support that in Mizak s answer to the interrogatories, he indicates that after receiving the Citizens Bank s teller s checks, Country Meadows deposited these funds into its corporate account and not in any individual account identifying it as defendant s funds. (N.T. 6) As recited above, for the purposes of garnishment practice, defendant is a garnishee if it maintains custody, possession or control of the defendant s property. Pa.R. C.P (b). Country Meadows was properly considered a garnishee from the face of the record. Specifically, Country Meadows admitted that the funds were maintained in [its] bank account. (Joint Exbt. 1 (Mizak Dep. Exbt. 3)) This was a clear

10 266 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey expression in the answers to interrogatories that Country Meadows maintained custody, possession or control over the property in question. Country Meadows further admitted that the total amount of prepayment being held for Ms. Field amounts to $50, (Id. (emphasis added)) This is a clear and unequivocal admission by Country Meadows that the property it maintained was that of the defendant. Because there was no defect upon the face of the record, the judgment by admission was properly entered. In any event, even were this court to agree with Country Meadows that Mizak s answer lacked the required clarity upon which to enter judgment by admission, the evidence presented, beyond the face of the record, reveals that the judgment against garnishee Country Meadows was warranted upon the merits, as is discussed in the next section. 2. Petition to Open Whether the Prepaid Funds are Defendant s Property Country Meadows alternatively asserts that the judgment should be opened, claiming that the prepaid funds held in Country Meadows corporate account belonged to it and not to defendant. Country Meadows argument is in essence that it is not properly considered a garnishee under the law because it did not hold money of the defendant. This argument is similar to that made above but relies upon the entire record. I initially note that this court has been unable to identify an appellate case addressing the standard for opening a judgment by admission against a garnishee. Nevertheless, this situation seems fairly analogous to a petition by a judgment debtor seeking to open a judgment entered by confession. In that situation the petitioner is entitled to relief if he or she acts promptly in filing the petition and alleges a meritorious defense. Haggerty v. Fetner, 481 A.2d 641, (1984). With regard to the first requirement, the law does not establish a specific time period within which a petition to open must be filed to qualify as timely; instead, the court must consider the length of time between notice of the entry of the judgment and the reason for the delay in filing the petition to open. Kelly v. Siuma, 34 A.3d 86, 92 (Pa. Super. 2011) alloc. denied, 42 A.3d 294 (Pa. 2012). The timeliness of a petition to open a judgment is measured from the date that notice of the judgment is received. Hutchison v. Hutchison, 422 A.2d 501, 504 (Pa. 1980); Kelly v. Siuma, supra. Generally, the appellate courts have found a filing to be prompt where the period of delay has normally been less than one month. Kelly v. Siuma, supra. (citations omitted). Where the delay is

11 259 (2013)] DAUPHIN COUNTY REPORTS 267 Wade v. Field v. Country Meadows of Hershey unexplained, even short delays will be considered untimely. Gravely v. Gaffney, 437 A.2d 1041, 1043 (Pa. Commw. 1981) (citations omitted). Here, judgment was entered against Country Meadows January 6, There is no suggestion in the record that Country Meadows was not timely served with the judgment. Country Meadows did not file its Petition to Open Judgment until July 2, 2012, almost six months later. A significant portion of the delay is reasonably excused. Specifically, defendant s Application for Stay and to Set Aside Plaintiffs Writ of Execution (as against garnishee Country Meadows) was pending between January 17 and June 1, That period is excludable because a resolution of that claim in defendant s favor would have resolved the action in Country Meadows favor as well. Excluding that time period, Country Meadows delay was still approximately forty days. Up to thirty of these forty days is further excusable because Country Meadows was not included on the distribution and presumably failed to receive timely notice of this Court s June 1, 2012 order denying defendant s Application for Stay and to Set Aside Plaintiff s Writ of Execution. Country Meadows eventually filed its Petition to Strike or Open on July 2, I thus find under the facts presented that Country Meadows filing was prompt as its unexplained delay was less than thirty days. Kelly v. Siuma, supra. The next issue is whether petitioner has asserted a meritorious defense. A petitioner seeking to open a judgment bears the burden of producing sufficient evidence to substantiate its alleged defenses. Haggerty v. Fetner at 647. As recited above, defendant is a garnishee if it maintains custody, possession or control of the defendant s property. Pa.R.C.P. 3101(b). Country Meadows chief argument is that the evidence it has presented shows the prepayment is not defendant s property at all, but in fact belongs to Country Meadows. Country Meadows does not appear to dispute under this claim that it maintained custody, possession and control of the prepaid funds. Country Meadows asserts that defendant s prepayments were a relinquishment by defendant of any ownership or control over those monies. It stresses that the money was placed in a Country Meadows operating account, not in any individual account identifying it as defendant s money and that she could never withdraw this money. (See, N.T. 6-8) Country Meadows further argues that under the Resident Agreement, it had no duty to reimburse defendant or to allow her to control those funds, and that except upon her death or discharge from the Country Meadows facility, the funds could not be returned. I disagree.

12 268 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey The record reveals that defendant s prepayment held by Country Meadows is defendant s property. Country Meadows corporate records reflect that it holds $50, which are identified as defendant s prepaid funds and which are further reflected in account statements Country Meadows provides to defendant as a credit to her. (Joint Exbt. 1 (Mizak Dep. at 29-30, 36 and Dep. Exbts. 1, 2, 4)) Country Meadows also paid defendant monthly interest on the prepayments, evidencing a clear intent by Country Meadows that it considered the prepaid funds as belonging to the defendant. Significantly, under the Resident Agreement, Country Meadows is required to refund prepaid monies to the defendant upon her removal from its facility, or to her estate upon her death. (Joint Exbt. 2 (Application for Stay, Exbt. A ( E.2.12, G.3, G.4))) The prepaid funds are additionally earmarked only for future charges to be incurred by the defendant; Country Meadows has no right to deduct from defendant s account against her prepaid funds except insofar as defendant incurs charges. Thus, only upon the deduction of these funds for charges incurred does the money became Country Meadows property. Additionally, under the Resident Agreement defendant retained an explicit mechanism to recover prepaid funds which was that upon her termination of the Resident Agreement both principal and interest would be returned to her. (Joint Exbt. 2 (Application for Stay, Exbt. A ( E.2.12))) While there is no indication defendant (or her guardian) had or have any intention of terminating the Resident Agreement and obtaining a return of prepaid funds, that is not required for a determination that the funds are defendant s property. It is the right to access the funds which is determinative. 5 Plaintiffs, which stand in the shoes of the defendant as to any claims the defendant may have as against the garnishee, would have this same right of termination under the Resident Agreement and return of principal and interest. See, Appel Vending Co. v Corp., supra. Because the record establishes that the prepayment held by Country Meadows on the defendant s behalf is the property of the defendant 5. Country Meadows also suggests that under the Resident Agreement the defendant was prohibited from ever withdrawing prepaid funds from Country Meadows except upon termination of the agreement. (N.T. 6-7) This claim is not supported by the Resident Agreement. The Resident Agreement does not expressly limit the circumstances under which a resident may obtain a refund of advance payments but merely provides that where there is a termination of the agreement (or death by the resident), then the prepayment will be refunded. (Joint Exbt. 2 (Application for Stay, Exbt. A ( E.2.12, G.3, G.4))) Since the Resident Agreement is otherwise silent, a resident could legitimately argue that he or she retains the right to a refund of some portion or all of his or her prepaid funds upon request, while still remaining a resident (assuming the resident is otherwise current on his or her account).

13 259 (2013)] DAUPHIN COUNTY REPORTS 269 Wade v. Field v. Country Meadows of Hershey under Country Meadows custody, possession or control, Country Meadows is a garnishee under the law. Pa.R.C.P. 3101(b)(2). As such, Country Meadows has failed to assert a meritorious defense and its Petition to Open Judgment must be denied under this claim. 3. Petition to Open -Exemption Defendant s final argument, raised at oral argument, is that some portion of the funds used to make the prepayments to Country Meadows probably included Social Security and pension income which are exempt from garnishment. (N.T. 7) Pennsylvania law renders all property owned by the judgment debtor subject to execution, unless specifically exempted by statute. Krysmalski by Krysmalski v. Tarasovich, supra; see, 42 Pa.C.S.A and Pa.R.C.P Note (listing state and federal exemptions). Social Security benefits are exempt from garnishment under federal law and pension benefits are generally exempt as well. 42 U.S.C. 407 and 42 Pa.C.S.A. 8124(b). In this case, however, Country Meadows has failed to provide sufficient evidence that the source of any prepayments made to Country Meadows were from exempt funds. The only evidence supplied was that the funds used to make the prepayments were generated after defendant s son sold her stock and emptied out her bank accounts. (Joint Exbt. 1 (Mizak Dep. Exbt. 4)) Stock sale proceeds would have been fully attachable and subject to garnishment. To the extent bank account monies may have been used to partially fund the prepayments to Country Meadows, it is possible that those monies could have included exempt funds inasmuch as defendant s Social Security and pension benefits were regularly deposited in her bank accounts. However, Country Meadows has provided no evidence tracing any portion the $50, prepayment funds held by Country Meadows for defendant as having come from allegedly exempt funds initially deposited in defendant s bank accounts. 6 Because the law does not provide any statutory exemption for the type of payments made by defendant here, her Petition to Open Judgement on this claim must be denied To the extent that defendant s existing Social Security and pension income has been deposited into her Citizens Bank accounts, those monies have been protected from garnishment, to the extent provided by the law, as directed in my June 1, 2012 Order. See, Pa.R.C.P (1). 7. While this court is not unsympathetic to the argument that a statutory exemption should be extended to prepayments made for services related to the support of the elderly, that issue is one properly left to the Legislature.

14 270 DAUPHIN COUNTY REPORTS [125 Dauph. Wade v. Field v. Country Meadows of Hershey ORDER AND NOW, this 23rd day of May, 2013, the Petition to Strike or Open the judgment entered by admission January 6, 2012, filed by Garnishee Country Meadows, is hereby DENIED. o

15 FIRST PUBLICATION Estate Notices SECOND PUBLICATION Estate Notices ESTATE OF RICHARD A. FILLER, late of Derry Township, Dauphin County, Pennsylvania, (died March 3, 2013). Administrator: Tracy A. Filler, of Hummelstown, Pennsylvania. Attorney: Jacqueline A. Kelly, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA ESTATE OF ANTONIA WILSON, late of Lower Paxton Township, Dauphin County, Pennsylvania, (died October 27, 2011). Executrix: Barbara Ann Wilson, 2029B Raleigh Road, Hummelstown, PA Attorney: Christa M. Aplin, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA m31-j14 ESTATE OF LOUISE S. KROLAK, late of Swatara Township, Dauphin County, Pennsylvania (died May 11, 2013). Executrix: Michelina Zimmerman Leininger, 316 Rosewood Lane, Enola, Pennsylvania Attorney: Terrence J. Kerwin, Esq., Kerwin & Kerwin, LLP, 4245 State Route 209, Elizabethville, PA ESTATE OF HARRY C. ULSH, JR., a/k/a HARRY C. ULSH, II, a/k/a HARRY C. ULSH, a/k/a HARRY ULSH, late of Lower Paxton Township, Dauphin County, Pennsylvania, (died April 4, 2013). Executrix: June L. Ulsh, 4203, McIntosh Road, Harrisburg, PA Attorney: Frank L. Wright, Esq., 4110 McIntosh Road, Harrisburg, PA m31-j14 ESTATE OF DANIEL J. SHAMBAUGH, late of Swatara Township, Dauphin County, Pennsylvania, (died April 15, 2013). Executor: Steven L. Shambaugh. Attorney: Susan H. Confair, Esq., Reager & Adler, PC, 2331 Market Street, Camp Hill, PA j21 ESTATE OF HARLES A. KOCHER, late of the Borough of Lykens, County of Dauphin, Pennsylvania (died May 18, 2013). Co- Administrators: Erin L. Kocher, 2502 Peachtree Drive, Perkasie, Pennsylvania 18944; and Karla L. Mace, 9492 State Route 209, Williamstown, Pennsylvania Attorney: Joseph D. Kerwin, Kerwin & Kerwin, LLP, 4245 State Route 209, Elizabethville, Pennsylvania j21 ESTATE OF ELSIE L. SCHEETZ, late of Londonderry Township, Dauphin County, Pennsylvania, (died April 22, 2013). Executor: James Daniel Corsnitz, 8 Arwin Drive, Hummelstown, PA Attorney: Jean D. Seibert, Esq., WION, ZULLI & SEIBERT, 109 Locust Street, Harrisburg, PA j21 ESTATE OF ANDREW MCLACHLAN CLARK, late of Swatara Township, Dauphin County, Pennsylvania. Successor Death Co- Trustees: Laura C. Grill and Andrea M. Knudsen c/o James Smith Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA Attorney: Gary L. James, Esq., James Smith Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA m31-j14 ESTATE OF MARTHA J. PARKS, late of Derry Township, Dauphin County, Pennsylvania, (died December 15, 2012). Executrix: Carol E. Fink a/k/a Carol E. Parks, 1844 Holly St., Harrisburg, PA Attorney: Kendra A. Mohr, Esq., Pannebaker & Mohr, P.C., 4000 Vine Street, Middletown PA m31-j14

16 SECOND PUBLICATION Estate Notices SECOND PUBLICATION Estate Notices ESTATE OF ARMINTA MCCRAY, late of Lower Paxton Township, Dauphin County, Pennsylvania. Personal Representative/Executrix: Jonise A. McDaniel, 2029 Scott Meadow Court, Apt. 1, Harrisburg, PA Attorney: Elizabeth B. Place, Esq., SkarlatosZonarich LLC, 17 South 2nd Street, Floor 6, Harrisburg, PA m31-j14 ESTATE OF SANDRA S. PAPPAS, late of Swatara Township, Dauphin County, Pennsylvania, (died February 3, 2013). Administratrix: Kimberly Ann Worley (Miller), c/o Edmund G. Myers, Esq. Attorney: Edmund G. Myers, Esq., Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109, Lemoyne, PA m31-j14 ESTATE OF BARBARA A. MCQUATE, late of Derry Township, Dauphin County, Pennsylvania, (died April 14, 2013). Executrix: Susan K. Robison, 729 Cherry Drive, Hershey, PA Attorney: Jan L. Brown, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA m31-j14 ESTATE OF MICHAEL D. JOHNSTON, late of Lower Paxton Township, Dauphin County, Pennsylvania, (died October 14, 2012). Executrix: Jane I. Johnston, 1373 Quail Hollow Road, Harrisburg, PA Attorney: Robert T. Balaban, Esq., 27 N. Front Street, Harrisburg, PA m31-j14 ESTATE OF GIOVANNAB. ZIMMERMAN, late of Steelton, County of Dauphin, Commonwealth of Pennsylvania. Executrix: Micheline A. Leininger, 316 Rosewood Lane, Enola, PA Attorney: Robert L. Knupp, Esq., Smigel, Andersen & Sacks, LLP, 4431 North Front Street, Harrisburg, PA m31-j14 ESTATE OF CLAIRE M. JOHNSON, late of Dauphin County, Pennsylvania, (died October 13, 2012). Administrator: Alfreda A. Johnson, 3025 Ionoff Rd., Harrisburg, PA m31-j14 ESTATE OF DEAN A. LONG, late of Hershey, Dauphin County, Pennsylvania. Administratrix: Linda Marie Long Bott. Attorney: Melanie Walz Scaringi, Esq,. Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA m31-j14 THIRD PUBLICATION Estate Notices ESTATE OF COLETTE F. FENNESSY, late of Harrisburg, Pennsylvania (died March 2, 2013). Executor: Kevin R. Fennessy, 3616 Apollo Avenue, Harrisburg, PA ATTORNEY: Amy M. Moya, Esq., 5011 Locust Lane, Harrisburg, PA m24- ESTATE OF JAMES J. LACKEY, late of Susquehanna Township, Dauphin County, Pennsylvania. Administrator: Linda Stambaugh, 117 Lincoln Place, Harrisburg, PA Attorney: Steve C. Nicholas, Esq., Nicholas Law Offices, P.C., 2215 Forest Hills Drive, Suite 37, Harrisburg, PA m24-

17 THIRD PUBLICATION Estate Notices ESTATE OF BETTY J. ALBERT, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executor/Administrator: Diane Albert-Parkhill, 160 E. 48th Street, Apt. 6M, New York, NY Attorney: Steve C. Nicholas, Esq., Nicholas Law Offices, PC, 2215 Forest Hills Drive, Suite 37, Harrisburg, PA m24- ESTATE OF ROBERT EDWARD LENKER late of Millersburg, Dauphin County, Pennsylvania, (died April 27, 2013). Executor/Administrator: Victoria Elizabeth Lenker, 318 Johnson Street, Millersburg, Dauphin County, Pennsylvania. Attorney: Dale Kent Ketner, Esq., Ketner Law Office, LLC, 129 Market Street, Millersburg, PA m24- ESTATE OF HELEN S. BALMER, late of Harrisburg, County of Dauphin, Commonwealth of Pennsylvania. Co-Executors: Gary A. Balmer, 3815 Durham Road, Harrisburg, PA or Joan M. Smeltzer, 1524 Hilton Avenue, Dover, PA Attorney: Robert L. Knupp, Esq., Smigel, Anderson & Sacks, LLP, 4431 North Front Street Harrisburg, PA m24- ESTATE OF RALPH W. KLINGER late of Swatara Township, Dauphin County, Pennsylvania, (died March 1, 2013). Administrator: Andrew T. Klinger, 513 Shield Street, Harrisburg, PA Attorney: Jeffrey M. Mottern, Esq., 28 East Main Street, P.O. Box 87, Hummelstown, PA m24- ESTATE OF IDA B. FEENEY, late of Derry Township, Dauphin County, Pennsylvania. Personal Representative: Donna M. Zakula, c/o Anthony J. Nestico, Esq., Nestico Druby, P.C., 1135 East Chocolate Avenue, Suite 300, Hershey, PA Attorney: Anthony J. Nestico, Esq., Nestico Druby, P.C East Chocolate Avenue, Suite 300, Hershey, PA m24- ESTATE OF MATTHEW P. RUFFNER, a/k/a MATTHEW RUFFNER, a/k/a MATT RUFFNER late of Susquehanna Township, Dauphin County, Pennsylvania, (died April 9, 2013). Executor/Administrator: Charles D. Ruffner and Diane M. Ruffner, 727 Bowdertown Road, Cherry Tree, PA Attorney: Ned J. Nakles, Jr. Esq., Nakles and Nakles 1714 Lincoln Avenue, Latrobe, PA m24- ESTATE OF JEROME PETTIS, late of Swatara Township, Dauphin County, Pennsylvania, (died January 17, 2013). Executrix: Kristine Whitlock. Attorney: Nora F. Blair, Esq., 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA m24- ESTATE OF GERALD S. LEIB, late of Swatara Township, Dauphin County, Pennsylvania, (died March 27, 2013). Executrix: Christine M. Marsh, 500 Avalon Street, Harrisburg, PA Attorney: Christa M. Aplin, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA m24- ESTATE OF FRANCIS A. ROACH, late of Paxtang Borough, Dauphin County, Pennsylvania. Executrix: Judith E. Ashburn (Raway), c/o Richard C. Seneca, Esq., 564 Old York Road, Etters, PA Attorney: Richard C. Seneca, Esq., 564 Old York Road, Etters, PA m24-

18 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Articles Of Incorporation were filed in the Department of State of The Commonwealth of Pennsylvania for Movimiento Pentecostal Renovados en Cristo under the provisions of the Pennsylvania Business Corporation Law of 1988, as amended. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority was filed with the PA Dept. of State on 05/21/2013 by TNS Telecommunication Services Corp., a foreign corporation formed under the laws of the jurisdiction of DE with its principal office located at Commerce Park Dr., Suite 600, Reston, VA 20191, to do business in PA under the provisions of the Business Corporation Law of The registered office in PA shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on or about May 16, 2013, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Playnetwork, Inc. c/o Registered Agent Solutions, Inc. This corporation is incorporated under the laws of Washington. The address of its principal office under the laws of its jurisdiction in which it is incorporated is th Avenue NE, Redmond, WA The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988, as amended. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority was filed with the PA Dept. of State on 05/21/2013 by TNS Payment Services Corp., a foreign corporation formed under the laws of the jurisdiction of DE with its principal office located at Commerce Park Dr., Suite 600, Reston, VA 20191, to do business in PA under the provisions of the Business Corporation Law of The registered office in PA shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that Paradise Point Marine, Inc., a foreign business corporation incorporated under the laws of the State of Virginia, where its principal office is located at 500 E. Plume Street, Ste 310, Norfolk, VA 23510, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at 116 Pine Street, Suite 320, Harrisburg, PA (CT Corporation System). The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that T. Parker Host, Incorporated, a foreign business corporation incorporated under the laws of the State of Virginia, where its principal office is located at 500 E. Plume Street, Ste 600, Norfolk, VA 23510, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at 116 Pine Street, Suite 320, Harrisburg, PA (CT Corporation System). The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania.

19 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Duvall Decker Architects, P.A., a foreign business corporation incorporated under the laws of the State of Mississippi, where its principal office is located at 2915 North State Street, Jackson, Mississippi 39216, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at Dauphin County, Pennsylvania. The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed with the Department of the Commonwealth of Pennsylvania on 5/16/2013 under the Domestic Business Corporation Law, for Pennsylvania HM Associates, P.C., and the name and county of the commercial registered office provider is c/o: Corporation Service Co., Dauphin County. NOTICE IS HEREBY GIVEN that Comdata TN, Inc., a foreign business corporation incorporated under the laws of Tennessee, with its princ. office located at 5301 Maryland Way, Brentwood, TN 37027, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is Corporation Service Co., and shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN to all creditors and claimants of MAYONLINE ENTERPRIS- ES, INC., a Pennsylvania (PA) corporation, which on 10/21/2011, was incorporated in the Commonwealth of PA, that said company intends to file Articles of Dissolution with the Dept. of State under the provisions of PA Business Corporation Law. NOTICE IS HEREBY GIVEN that OCN Physicians, P.C., a foreign business corporation incorporated under the laws of Minnesota, with its princ. office located at 2550 Sandycreek Dr., Westlake Village, CA 91361, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is Corporation Service Co., and shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 4129/6129 of the Pennsylvania (PA) Bus. Corp. Law of 1988, Makecoins.com, Inc., a corporation incorporated under the laws of the State of Delaware with its principal office located at 1426 N. 3rd St., Ste. 200, Harrisburg, PA and a registered office in PA at c/o: Corporation Service Co., Dauphin County, which on 9/24/2012, was granted a Certificate of Authority to transact business in the Commonwealth of PA, intends to file an Application for Termination of Authority with the Dept. of State. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on or about May 16, 2013, for a foreign corporation with a registered address in the state of Pennsylvania as follows: ManSci, Inc. c/o National Registered Agents, Inc. This corporation is incorporated under the laws of Delaware. The address of its principal office under the laws of its jurisdiction in which it is incorporated is 600 Main Street, Tonawanda, NY The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988, as amended.

20 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on or about May 16, 2013, for a foreign corporation with a registered address in the state of Pennsylvania as follows: ComplexCare Solutions, Inc. c/o Diversified Corporate Services Int'l., Inc. This corporation is incorporated under the laws of Delaware. The address of its principal office under the laws of its jurisdiction in which it is incorporated is 901 N. Market Street, Suite 705, Wilmington, DE The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988, as amended. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on or about May 13, 2013, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Lauer & Horvat Concrete, Inc. c/o AAAgent Services, LLC. This corporation is incorporated under the laws of Ohio. The address of its principal office under the laws of its jurisdiction in which it is incorporated is 337 E. Main Street, Cortland, OH The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988, as amended. NOTICE IS HEREBY GIVEN that JAMES RIVER MANAGEMENT COM- PANY, INC., a foreign business corporation incorporated under the laws of Delaware, with its princ. office located at 6641 W. Broad St., #300, Richmond, VA 23230, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is Corporation Service Co., and shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that Agnitio Corp., a foreign business corporation incorporated under the laws of Delaware, with its princ. office located at 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is Corporation Service Co., and shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority was filed with the PA Dept. of State on 05/23/2013 by NAVIGATIONARTS, INC., a foreign corporation formed under the laws of the jurisdiction of DE with its principal office located at 7901 Jones Branch, Suite 400, McLean, VA 22102, to do business in PA under the provisions of the Business Corporation Law of The registered office in PA shall be deemed for venue and official publication purposes to be located in Dauphin County.

21 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that United Against Illegal Guns Support Fund, a foreign business corporation incorporated under the laws of Delaware, with its princ. office located at c/o Geller & Company, 909 Third Ave., 15th Fl., NY, NY 10022, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is Corporation Service Co., and shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that an Application for Certificate of Authority was filed with the PA Dept. of State on 05/21/2013 by MDC Corporate (US) Inc, a foreign corporation formed under the laws of the jurisdiction of DE with its principal office located at 731 Glengarry Rd, Philadelphia, PA 19118, to do business in PA under the provisions of the Business Corporation Law of The registered office in PA shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 16, 2013, by AT&T Automotive Services, Inc., a foreign corporation formed under the laws of the State of Delaware, where its principal office is located at 1 CIT Dr., Livingston, NJ 07039, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 21, 2013, by Gosiger Holdings, Inc., a foreign corporation formed under the laws of the State of Ohio, where its principal office is located at 108 McDonough St., Dayton, OH 45402, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 3, 2013, by TBG Consultants, Inc., a foreign corporation formed under the laws of the State of New York, where its principal office is located at 39 W. 37th St., 5th Fl., New York, NY 10018, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 3, 2013, by TBG Healthcare Consultants, Inc., a foreign corporation formed under the laws of the State of New York, where its principal office is located at 39 W. 37th St., 5th Fl., New York, NY 10018, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County.

22 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 3, 2013, by The Bachrach Group, LTD., a foreign corporation formed under the laws of the State of New York, where its principal office is located at 39 W. 37th St., 5th Fl., New York, NY 10018, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 20, 2013, by CITRS, Inc., a foreign corporation formed under the laws of the State of Delaware where its principal office is located at 1209 Orange St., Wilmington, DE 19801, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located at c/o CT Corporation System, Dauphin County. Morgan Lewis & Bockius LLP, Solicitors 1111 Pennsylvania Ave., NW Washington, DC NOTICE IS HEREBY GIVEN that Salmen Insurance Services, Inc., a foreign business corporation incorporated under the laws of the State of California, where its principal office is located at: 6170 Innovation Way, Carlsbad CA 92009, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at: 125 Locust St., Harrisburg, PA (Dauphin County, PA). The purposes for which it has been organized are: Solicitation of Insurance. The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that ESH BUILDERS, LLC, a Pennsylvania Limited Liability Company under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 253 Weaver Lane, Elizabethville, Pennsylvania 17023, was issued a Certificate of Organization from the Department of State of the Commonwealth of Pennsylvania on May 14, The Pennsylvania Limited Liability Company is established under the provisions of the Pennsylvania Limited Liability Company Law of 1994,15 Pa.C.S. 8913, as amended. NOTICE IS HEREBY GIVEN that AppCertain, Inc., a foreign business corporation incorporated under the laws of Delaware, with its princ. office located at 424 S. 27th St., Ste. 203, Pittsburgh, PA 15203, has applied for a Certificate of Authority in Pennsylvania under the PA Bus. Corp. Law of The commercial registered office provider in PA is c/o: C T Corporation System, and shall be deemed for venue and official publication purposes to be located in Dauphin County.

23 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Industrial Concrete Construction, Inc., a foreign business corporation incorporated under the laws of the State of Delaware, received a Certificate of Authority in Pennsylvania on February 9, 2007 and surrenders its certificate of authority to do business in Pennsylvania. Its last registered office in this Commonwealth was located at: National Registered Agents, Inc., County of Dauphin, Pennsylvania, and its last registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. Notice of its intention to withdraw from Pennsylvania was mailed by certified or registered mail to each municipal corporation in which the registered office or principal place of business of the corporation in Pennsylvania is located. The post office address, including street and number, if any, to which process may be sent in an action or proceeding upon any liability incurred before any liability incurred before the filing of the application for termination of authority is 900 North Rock Hill Road, St. Louis, MO NOTICE IS HEREBY GIVEN that, pursuant to the Fictitious Name Act approved May 24, 1945, an Application for Registration of Fictitious Name was filed May 10, 2013 with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, setting forth that Harrisburg Area River Boat Society, Inc., a Pennsylvania corporation with a primary business address of 107 N. Front Street, Harrisburg, Pennsylvania, 17101, will conduct business using the name, style and designation of the Susquehanna River School, the character of which is the operation of a riverboat school. NOTICE IS HEREBY GIVEN that an application for registration of a fictitious name, Nabeel Sarwani Photography, for the conduct of business in Dauphin County, Pennsylvania, with the principal place of business being Hummelstown, was made to the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania on the 24 day of May, 2013 pursuant to the Act of Assembly of December 16, 1982, Act 295. The name and address of the only person or persons owning or interested in the said business are: Nabeel Sarwani Photo and Design, LLC, 2467 Raleigh Road, Hummelstown, PA FIRST PUBLICATION Fictitious Notices NOTICE IS HEREBY GIVEN that an Application for Registration of Fictitious Name was filed in the Commonwealth of Pennsylvania on April 22, 2013 for Thunderbird Window Cleaning Services located at 5222 Creekwood Dr Harrisburg PA The name and address of each individual interested in the business is Lance John Clodgo 5222 Creekwood Dr Harrisburg PA This was filed in accordance with 54 PaC.S. 311.

24 FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA NO CV-380-QT IN ACTION TO QUIET TITLE ROLAND B. COPE and LUELLA J. COPE, Plaintiffs vs. MERTON G. DERRICK, his heirs and assigns and any other persons having any interest in the premises described in this Complaint, Defendants NOTICE To: Merton G. Derrick, and his heirs, assigns, devisees, executors, and administrators TAKE NOTICE that on May 1, 2013, Plaintiffs filed a complaint to quiet title against all Defendants averring Plaintiffs are the owner of the property described below. On May 9, 2013, the Plaintiffs filed an Amendment to Complaint to reflect the parcel identification numbers affected by this action. The complaint requests that the Court extinguish any right, title or interest of the Defendant, his heirs, devisees, executors, administrators and assigns, of any nature whatsoever in and to the property, and declaring Plaintiffs the sole owners of the property in fee simple. The property is described as follows: acre tract of land along Rutter Road in Jackson Township, Dauphin County, Pennsylvania PARCEL ID NUMBERS : ; ; ; YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before thirty (30) days from the date of this publication or a judgment will be entered against you. NOTICE TO DEFEND AND CLAIM ALL RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this notice to your lawyer at once. If you do not have a lawyer, go to or telephone this office: DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA Telephone (717) This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Robert B. Hamilton, Esq.

25 FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CASE NO CV 7946-MF COMPLAINT IN MORTGAGE FORECLOSURE In Re: PNC Bank, National Association, Plaintiff vs. John R. Santillo-Herbert and Kalin Santillo-Herbert, Defendants You have been named as Defendants in a civil action instituted by PNC Bank, National Association, against you in this Court. This action has been instituted to foreclose on a Mortgage dated October 1, 2009, and recorded in the Recorder's Office of Dauphin County at Instrument No on November 6, YOU ARE HEREBY NOTIFIED to plead to the above-referenced Complaint within twenty (20) days from the date of publication of this Notice or a judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELE- PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR- ING A LAWYER. IF YOU CANNOT AF- FORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA (717) Louis P. Vitti, Esq. Vitti and Vitti and Associates, P.C. 215 Fourth Ave. Pittsburgh, PA (412) TAX ASSESSMENT NOTICE CORRECTION NOTICE is hereby given by the DAUPHIN COUNTY BOARD OF ASSESSMENT AP- PEALS that the real property assessment roll is available for inspection by any citizen at the Dauphin County Assessment Office, Second Floor, Dauphin County Administration Building, 2 South 2nd Street, Harrisburg, PA, 17101, between the hours of 8:30 am and 4:30 pm, Monday through Friday. ADDITONALLY, NOTICE is also given that any Dauphin County property owner may file an annual appeal of his/her/its real estate tax assessment with the Board of Assessment Appeals between June 1st and August 1st, Appeal forms and the Rules of Appeal Procedure utilized by the Board may be secured from the Office of the Board, Second Floor, Dauphin County Administration Building, or by calling the Board s Office at (717) ; or on line at Government Services, Property & Taxes, Board of Assessment, Appeals. The Rules of Appeal Procedure utilized by the Board should be reviewed by an Appellant as they will be strictly followed by the Board at the time of an assessment hearing. Failure to abide by the Rules may result in the loss of your appeal. Dauphin County Board of Assessment Appeals Jeffrey B. Engle, Esq. Solicitor, Board of Assessment Appeals

26 FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA NO CV 727-MF NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 BAYVIEW LOAN SERVICING, LLC, Plaintiff vs. RODOLFO CAMILO, Defendants TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: Date: April 11, 2013 Time: 10:00 am Location: Dauphin County Administration Building 4th Floor - Commissioner's Hearing Room, Harrisburg, PA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED HERE- TO) THE LOCATION of your property to be sold is: MARKET STREET HARRISBURG, PA DAUPHIN COUNTY, PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth of Pennsylvania and Delaware County to: Docket No.: 2012 CV 727-MF THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS OF THIS PROPERTY IS: RODOLFO CAMILO A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of the County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA MARTIN S. WEISBERG, Esq. MATTLEMAN, WEINROTH & MILLER 401 Route 70 East, Suite 100 Cherry Hill, NJ Telephone: (856) Facsimile: (856) File No.:

27 THIRD PUBLICATION Miscellaneous Notices NOTICE IS HEREBY GIVEN that the Triennial Meeting of the Lot Holders of the HARRISBURG CEMETERY ASSOCIA- TION who are in good standing will be held at the offices of METTE, EVANS & WOODSIDE, 2nd Floor, 3401 North Front Street, Harrisburg, PA at 10:30 a.m. Eastern Daylight Savings Time on Thursday, June 20, 2013, at which meeting: (1) a Board of seven (7) managers of whom one shall be President, will be elected and (2) such other business transacted as may properly come before the meeting. m24 -

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30 Vol. 125 DAUPHIN COUNTY REPORTS I CUMULATIVE TABLE OF CASES Borough of Middletown v. Pappas Brabham-Lawrence, Commonwealth v Central Dauphin School District v. Garisto Commonwealth v. Brabham-Lawrence Commonwealth v. Lee Commonwealth v. Schildt Commonwealth v. Tolbert Doctor s Choice Physical Medicine & Rehabilitation Center, P.C. v. Travelers Personal Insurance Company Garisto, Central Dauphin School District v Immanuel v. Members 1 st Federal Credit Union J.E.F v. K.J.F Jewish Home of Greater Harrisburg, Laffe v K.J.F., J.E.F v Laffe v. Jewish Home of Greater Harrisburg Lee, Commonwealth v Members 1 st Federal Credit Union, Immanuel v Myshin v. Myshin Myshin, Myshin v

31 II DAUPHIN COUNTY REPORTS Vol. 125 Cumulative Table of Cases Pappas, Borough of Middletown v Pennsylvania State Board of Nursing, Poskin v Porter, Price v Poskin v. Pennsylvania State Board of Nursing Price v. Porter Schildt, Commonwealth v Tolbert, Commonwealth v Travelers Personal Insurance Company, Doctor s Choice Physical Medicine & Rehabilitation Center, P.C. v Wagner v. Wagner Wagner, Wagner v

32 TRIAL AHEAD? CONSIDER AN ALTERNATE ROUTE: Dauphin County Bar Association Civil Dispute Resolution Program CALL (717) FOR DETAILS

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34 BAR ASSOCIATION PAGE Dauphin County Bar Association 213 North Front Street Harrisburg, PA Phone: Fax: Board of Directors Jonathan W. Kunkel John D. Sheridan President President-Elect Pamela C. Polacek James J. McCarthy, Jr. Vice-President Treasurer J. Michael Sheldon Brett M. Woodburn Secretary Past President Jennifer M. Caron Anthony F. Andrisano, Jr. Young Lawyers Chair Young Lawyers Vice Chair William L. Adler Joshua A. Gray C. Grainger Bowman Matthew M. Haar Robert E. Chernicoff Dale E. Klein Salvatore A. Darigo, Jr. Terrence J. McGowan James R. Demmel Renee C. Mattei Myers Jeffrey A. Ernico Narciso Rodriguez-Cayro John W. Frommer, III Gial Guida Souders S. Barton Gephart Directors The Board of Directors of the Bar Association meets on the third Thursday of the month at the Bar Association headquarters. Anyone wishing to attend or have matters brought before the Board should contact the Bar Association office in advance. REPORTING OF ERRORS IN ADVANCE SHEET The 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 editor promptly, notice of all errors appearing in this advance sheet. Inasmuch as corrections are made on a continuous basis, there can be no assurance that corrections can be made later than thirty (30) days from the date of this issue but this should not discourage the submission of notice of errors after thirty (30) days since they will be handled in some way if at all possible. Please send such notice of errors to: Dauphin County Reporter, Dauphin County Bar Association, 213 North Front Street, Harrisburg, PA DAUPHIN COUNTY COURT SECTION Opinions Not Yet Reported Ma Opinions Not Yet Reported

35 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION Opinions Not Yet Reported Ma 1, 2011 Clark, J., Smith v. PennDOT, No CV MP; 2544 CD 2010 BILLING ADMINISTRATOR Downtown Harrisburg law firm is seeking a billing administrator. Previous experience with PCLaw Pro or other billing systems would be helpful but is not mandatory. Responsibilities include billing, opening new matters, closing matters, posting of all client-related disbursements and expenses, preparation of prebills, finalizing and mailing of bills, reminders, etc. Additional responsibilities include receivables, closing out month and year ends, the printing and maintenance of necessary reports and some light secretarial work. Full benefits and secure parking provided. Possibility of flexible hours. Please send resume to Employment Officer, P.O. Box 9500, Harrisburg, PA m24- LEGAL ASSISTANT Harrisburg law firm has an immediate opening for a full time Legal Assistant with a minimum of 3 to 5 years legal experience in personal injury litigation. Applicants must have strong communication skills, be extremely organized, and have the ability to multi-task. Duties include transcription, scheduling, client contact, requesting records, etc. Excellent benefits package and paid parking. Salary will be commensurate with experience. Please send resume to dtrostle@schmidtkramer.com. m31-j14

36 Printing The Dauphin County Reporter every week for over 100 years KURZENKNABE PRESS Let us show you that a printing press is not just a mechanical device for transferring an image to paper, but a way to transfer your image to the world Herr Street Harrisburg, PA (717) FAX Toll Free kurzenknabepress@comcast.net Invitations Announcements Legal Briefs Legal Backers Newsletters Business Cards Business Forms Envelopes Flyers Brochures Posters Tickets Labels Multi Color Printing Bindery Mailing and so much more Quality Printing Since 1893