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. 5538, Vol. 122 January 27, 2006 No. 130 Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa., under the Act of Congress of March 31, 1879 Peterson v. State Farm Fire & Casualty Company, et al. 449 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) DONALD MORGAN 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 REPORTER, 213 North Front Street, Harrisburg, PA TERMS For NON-MEMBERS of the Dauphin County Bar Association: Bound Volume 120 $ Advance Sheets, Volume 121 $ For MEMBERS of the Dauphin County Bar Association: Bound Volume 120 $ Advance Sheets, Volume 121 $ 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 CHARLOTTE L. BRUCKHART, late of Lower Paxton Township, Dauphin County, Pennsylvania (died November 16, 2005). Executor: Calvin B. Bruckhart. Attorney: Cynthia M. Lighty, Esq., 1020 North Forge Road, Palmyra, PA f10 ESTATE OF DAWN MARIE WORSHAM, late of Hershey, Dauphin County, Pennsylvania. Administrator: Martin J. Worsham, 31 West Caracas, Avenue, Hershey, PA Attorney: Scott A. Stein, Esq., Law Offices of Peter J. Russo, P.C., 3800 Market Street, Camp Hill, PA f10 ESTATE OF DOROTHY S. UMSHOLTZ, late of the Borough of Lykens, Dauphin County, Pennsylvania (died December 26, 2005). Executor: Gregory Showers, 118 Fairview Lane, Williamstown, PA Attorney: Gregory M. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209, Elizabethville, PA f10 ESTATE OF LILLIAN S. NATHAN, late of Harrisburg, Dauphin County, Pennsylvania (died December 23, 2005). Executrix: Heather C. Kattouf, 3208 Crest Road, Harrisburg, PA Attorney: Herschel Lock, Esq., 3107 North Front Street, Harrisburg, PA f10 ESTATE OF MARY G. SKELTON a/k/a MARY GLADYS SKELTON, late of the Borough of Paxtang, Dauphin County, Pennsylvania (died January 7, 2006). Executor: Jesse F. Skelton, 9320 Langwood Drive, Raleigh, NC Attorney: Jered L. Hock, Esq., Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg, PA f10 ESTATE OF ELSIE M. BUFFINGTON a/k/a ELSIE H. BUFFINGTON a/k/a ELSIE M. HELT, late of Lykens Borough, Dauphin County, Pennsylvania (died December 28, 2005). Co- Executors: Robert White, 1205 Hudson Street, Harrisburg, PA and Earl Richard Etzweiler, 274 Creek View Drive, Millersburg, PA Attorney: Earl Richard Etzweiler, Esq., 105 North Front Street, Harrisburg, PA Phone (717) f10 ESTATE OF ANNA M. HOFFMAN, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executor: Robert J. Hoffman, 85 Maranatha Drive, Marysville, PA Attorney: William C. Dissinger, Esq., 400 South State Road, Marysville, PA f10

3 449 (2005)] DAUPHIN COUNTY REPORTS 449 Peterson v. State Farm Fire & Casualty Company, et al. 1028(a)(2), is GRANTED. We will consider paragraphs 24-25(z) of the plaintiff s first amended complaint collectively to be an ad damnum clause to Count I of the complaint, the survival action. 2) Defendant s Preliminary Objection in the Nature of a Motion to Strike for Lack of Specificity pursuant to Pa.R.Civ.P. No. 1028(a)(2), is GRANTED. Paragraph 16 of the plaintiff s first amended complaint is stricken with leave to file a more specific pleading with respect to these allegations within twenty days. Paragraph 23 of the plaintiff s first amended complaint is amended by striking the word including and substituting the word for. o Peterson v. State Farm Fire & Casualty Company, et al. Practice Service of process Contract limitations clause Good faith. Plaintiff filed a writ of summons against Defendants one day before the one-year anniversary of the water damage she suffered to her real property. The writ was subsequently reissued twice, but service was not effected for almost another year. The contract of insurance between the parties required commencement of a legal action within one year after the date of loss or damage. The Court determined that the Plaintiff failed to establish a good faith effort to achieve timely service of process. 1. Policy provisions limiting an insured s right to sue are enforceable except where there is evidence of waiver or estoppel. Petraglia v. American Motorists Insurance Co., 424 A.2d 1360 (Pa. Super. 1981). Additionally, no showing of prejudice is necessary before the suit limitations provisions of the policy are invoked by the insurance company. World of Tires, Inc. v. American Insurance Company, 520 A.2d 1388 (Pa. Super. 1987). 2. The Plaintiff has an affirmative duty to achieve timely service of process and carries the burden of showing a good faith effort to do so. If the Plaintiff demonstrates a good faith effort to accomplish proper service, such effort will serve to toll the statute or contract term of limitations. Motion for Judgment on the Pleadings. C.P., Dau. Co., No CV Motion granted. Kathy M. Shughart, for Plaintiff Lee E. Ullman, for Defendant State Farm Fire & Casualty Company

4 450 DAUPHIN COUNTY REPORTS [122 Dauph. Peterson v. State Farm Fire & Casualty Company, et al. Brooks R. Foland, for Defendant United Water of Pennsylvania, Inc. Donald M. Lewis, for Defendant GMAC Mortgage Corporation KLEINFELTER, J., December 7, This case is presently 1 before the court for resolution of Defendant State Farm Fire & Casualty Company s (hereinafter State Farm ) Motion for Judgment on the Pleadings. For the reasons which follow, the motion will be granted and judgment entered in favor of State Farm. Shelley M. Peterson (hereinafter Plaintiff ), suffered water damage to her real property on September 18, On September 17, 2003, Plaintiff filed a writ of summons against State Farm and the other captioned defendants. The writ was not served on State Farm, but was twice reissued; first, on June 7, 2004, and again on August 31, Service of the latter writ was ultimately effectuated on September 10, On September 28, 2004, a rule was entered on Plaintiff to file a complaint within 20 days. The complaint followed on October 20, On November 8, 2004, State Farm filed preliminary objections which were denied by the court on April 13, On May 10, 2005, State Farm filed its answer with new matter including a cross-claim. Plaintiff filed an answer to the new matter and cross-claim on June 20, State Farm s Motion for Judgment on the Pleadings followed on July 11, Both sides filed briefs and oral argument was entertained on October 18, State Farm s motion for judgment on the pleadings is premised on a provision in its contract of insurance with Plaintiff as follows: Section I CONDITIONS (6) Suit Against Us. No action shall be brought unless there has been compliance with the policy provisions. The action must be started within one year after date of loss or damage. Policy, p On April 13, 2005, we issued a Memorandum Opinion and Order which denied State Farm s preliminary objections in the nature of a demurrer. The essential premise of those preliminary objections WAS that the present action is barred by the limitations clause in the contract of insurance which, we ruled, is properly raised by answer and new matter. State Farm has since answered the complaint with new matter and is now raising the limitations issue in its motion for judgment on the pleadings.

5 449 (2005)] DAUPHIN COUNTY REPORTS 451 Peterson v. State Farm Fire & Casualty Company, et al. Policy provisions limiting an insured s right to sue are enforceable except where there is evidence of waiver or estoppel. Petraglia v. American Motorists Insurance Co., 424 A.2d 1360 (Pa. Super. 1981). Additionally, no showing of prejudice is necessary before the suit limitations provisions of the policy are invoked by the insurance company. World of Tires, Inc. v. American Insurance Company, 520 A.2d 1388 (Pa. Super. 1987). In the case before us, suit was instituted by a writ of summons one day before the one year anniversary of the loss. Nevertheless, State Farm argues that filing the writ alone will not toll the limitations provision unless the writ is also served in a timely fashion. For this proposition, State Farm cites the well-known precedent of Lamp v. Heyman, 366 A.2d 882 (Pa. 1976) and its progeny. [W]e now conclude that there is too much potential for abuse in a rule which permits a plaintiff to keep an action alive without proper notice to a defendant merely by filing a praecipe for a writ of summons and then having the writ reissued in a timely fashion without attempting to effectuate service. Id. at 888. See also, Cahill v. Schults, 643 A.2d 121 (Pa. Super. 1994). Under Lamp it is clear that the plaintiff has an affirmative duty to achieve timely service of process and carries the burden of showing a good faith effort to achieve same. It is undisputed in the case at bar that Plaintiff did not serve the writ issued on September 17, 2003, or that issued on June 7, The third writ, issued on August 31, 2004, was served on September 10, The issue thus becomes whether the actions of Plaintiff in the interim constitute a good faith effort or, in the words of Lamp, did they serve to stall in its tracks the legal machinery [plaintiff] has just set in motion? Lamp, supra, 366 A.2d at 889. Plaintiff s lack of good faith effort was raised in State Farm s Answer and New Matter. In these pleadings State Farm avers that Plaintiff, through counsel, knew of State Farm s office address at 115 Limekiln Road, New Cumberland, Pennsylvania. In fact, that was the address at which service was ultimately made on September 10, Despite this knowledge, State Farm claims that Plaintiff never provided this address to the sheriff s office, nor did she provide payment to the sheriff for service. She also did not mail a courtesy copy of the writ issued on September 17, 2003 to State Farm. Since the September 17, 2003 writ

6 452 DAUPHIN COUNTY REPORTS [122 Dauph. Peterson v. State Farm Fire & Casualty Company, et al. expired on October 17, 2003, Pa.R.C.P. 40l(a); Lamp v. Hayman, supra, the writs reissued on June 7, 2004 and August 31, 2004, respectively, were well past the policy s one year limitations clause. In response, Plaintiff claims that State Farm had actual notice of the suit by means other than by service by the Dauphin County Sheriff, prior to service on September 10, (Plaintiff s Answer, pgh. 70). Plaintiff also claims that she did make a good faith effort to timely serve [State Farm], and believed that [State Farm] had been properly served. (Plaintiff s Answer, pgh. 73). Plaintiff has failed, however, to provide any details answering the questions of how, when, and where actual notice of the suit was accomplished or exactly what good faith effort was made to effect service. Even if a copy of the writ had been mailed to State Farm, the mere service of a courtesy copy of a writ does not satisfy the rule. Cahill, supra, 643 A.2d at 125. We also question Plaintiff s assertion of good faith since she had admitted that she never gave service instructions to the sheriff or a check in payment of his services. See, Weiss v. Equibank, 460 A.2d 271 (Pa. Super. 1983). Lastly, Plaintiff argues that the contract provision requiring suit to be started within one year should not be construed as requiring conformity with the Pennsylvania Rules of Civil Procedure. In support of this proposition, Plaintiff refers us to the case of Everett v. Niagara Insurance Company, 142 Pa. 322 (1891). The case is an interesting, if not arcane, study in civil procedure as it existed over a century ago. Nevertheless, it is a case worthy of consideration here since it concerned the viability of an alias writ issued more than 12 months after the original and beyond the 12 month limitations clause in the contract of insurance ( shall be commenced within twelve months ). In Everett we learn that... [t]he present plaintiff has brought himself strictly within his agreement. He began his action within the time specially agreed, and he kept it alive by the means and within the time allowed him by law. It was no fault of his that the first writ was ineffectual to bring the defendant into court, but his misfortune did not go beyond the failure of the service. If that were sufficient to end his action, then the defendant, by avoiding service for twelve months, could defeat him altogether. It is not reasonable to suppose that the agreement contemplated any such result.

7 449 (2005)] DAUPHIN COUNTY REPORTS 453 Peterson v. State Farm Fire & Casualty Company, et al. Id. at 331. We focus on the words [ilt was no fault of his that the first writ was ineffectual etc. The facts in Everett reveal that the original action was commenced in Clinton County and the writs were placed in the hands of the Clinton County Sheriff. The sheriff of Clinton County deputized the sheriff of Philadelphia County to serve the writs on agents of the defendant companies in the city of Philadelphia. Although the return of service was signed by the sheriff of Philadelphia, actual service was made by an individual who was not (or did not appear to be) a deputy. Service was defective for this reason. Since the error in service was chargeable to the sheriff, the Supreme Court refused to enforce the limitations clause in the contract against the plaintiff. Although this decision is over a century old and although Lamp comes into play in 1976, we believe that the principle in Everett survives today. If plaintiff demonstrates a good faith effort to accomplish proper service, such effort will serve to toll the statute or in this case, contract term of limitations. As we find no such good faith effort in the case before us we are constrained to enter the following: ORDER AND NOW, this 7th day of December, IT IS HEREBY ORDERED that Defendant s Motion for Judgment on the Pleadings is granted. Judgment is entered in favor of State Farm Fire & Casualty Company and against plaintiff, Shelley M. Peterson. o

8 FIRST PUBLICATION Estate Notices ESTATE OF ALICE M. SHUTTS, late of Paxtang Borough, Dauphin County, Pennsylvania (died December 17, 2005). Executor: Kenneth R. Shutts. Attorney: Richard W. Stevenson, Esq., McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA Phone (717) f10 ESTATE OF ELIOT D. GOLDSTEIN a/k/a ELIOT DAVID GOLDSTEIN, late of Harrisburg, Dauphin County, Pennsylvania. Executrix: Joyce L. Goldstein. Attorney: John R. Fenstermacher, Esq., Fenstermacher and Associates, P.C., 5115 East Trindle Road, Mechanicsburg, PA Phone (717) f10 ESTATE OF MICHAEL E. KOCHER, late of Wiconisco, Dauphin County, Pennsylvania (died June 5, 2003). Administrator: Julian S. Kocher, 23 Williams Street, Halifax, PA Attorney: Susan E. Lederer, Esq., 4811 Jonestown Road, Suite 226, Harrisburg, PA f10 ESTATE OF ANNE T. WACKER, late of Swatara Township, Dauphin County, Pennsylvania (died November 17, 2005). Executor: Gary E. Slatt, Hummelstown, PA Attorney: Jan L. Brown, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA Phone (717) f10 ESTATE OF MARY ELIZABETH ERVIN, late of Harrisburg, Dauphin County, Pennsylvania (died April 14, 2005). Executor: Bobby B. Ervin, 1615 Thompson Street, Harrisburg, PA Attorney: Joseph D. Caraciolo, Esq., Foreman & Foreman, PC, Veterans Building, Sixth Floor, 112 Market Street, Harrisburg, PA f10 ESTATE OF GEORGE W. MYERS, JR., late of Royalton, Dauphin County, Pennsylvania (died December 4, 2005). Executor: George W. Myers, III. Attorney: James P. Sheppard, Esq., 2201 North Second Street, Harrisburg, PA Phone (717) f10 ESTATE OF DONALD R. WALKER, SR., late of Lower Paxton Township, Dauphin County, Pennsylvania (died December 26, 2005). Executrix: Janet H. Walker, 4858 Peterborough Road, Harrisburg, PA Attorney: Carl G. Wass, Esq., Caldwell & Kearns, 3631 North Front Street, Harrisburg, PA f10 ESTATE OF LORETTA GATLING, late of the Township of Lykens, Dauphin County, Pennsylvania (died January 3, 2006). Executor: Louis Gatling, Jr., 12 White Dogwood Drive, Etters, PA Attorney: Joseph D. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209, Elizabethville, PA f10 ESTATE OF DELBERT A. DAVIS, late of Upper Paxton Township, Dauphin County, Pennsylvania (died December 12, 2005). Executor/Attorney: Joseph D. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209, Elizabethville, PA f10 ESTATE OF FRANCES L. ANTONICELLI, late of the Borough of Hummelstown, Dauphin County, Pennsylvania (died December 28, 2005). Executor: Frank J. Antonicelli, 246 E. Second Street, Hummelstown, PA Attorney: Francis A. Zulli, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA f10 ESTATE OF LOUIS B. KOZLOFF, late of Lower Paxton Township, Dauphin County, Pennsylvania (died December 16, 2005). Executor: Carol A. Kozloff. Attorney: Robert R. Church, Esq., Keefer Wood Allen & Rahal, LLP, P.O. Box 11963, Harrisburg, PA f10

9 FIRST PUBLICATION Estate Notices ESTATE OF MARY P. KARDESCO a/k/a MARY E. KARDESCO a/k/a MARY R. KARDESCO, late of the Borough of Middletown, Dauphin County, Pennsylvania. Executor: Craig E. Rowe. Attorney: Scott E. Albert, Esq., 50 East Main Street, Mount Joy, PA f10 ESTATE OF CHARLES R. STOY, late of East Hanover Township, Dauphin County, Pennsylvania (died November 5, 1999). Personal Representative: JoLynn M. Stoy, 217 Shells Church Road, Grantville, PA f10 ESTATE OF JEANETTE I. KEEFER, late of Derry Township, Dauphin County, Pennsylvania (died November 16, 2005). Co-Executors: James Keefer, 393 Gates Road, Hershey, PA and Bonnie Jean Yakstis, 387 Gates Road, Hershey, PA Attorney: Francis A. Zulli, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA f10 ESTATE OF GABRIEL AGOSTINO, late of the City of Harrisburg, Dauphin County, Pennsylvania (died December 27, 2005). Administrator: Cosmo G. Agostino, 603 W. Second Street, Hummelstown, PA Attorney: Jeffrey M. Mottern, Esq., 28 E. Main Street, P.O. Box 87, Hummelstown, PA f10 SECOND PUBLICATION ESTATE OF KATHERINE I. HETRICK a/k/a KATHERINE HARPER HETRICK, late of Dauphin County, Pennsylvania (died December 10, 2005). Co-Executors: Linda Slaybaugh, William Harper, III, and Natalie Hume, 875 Valley Street, Marysville, PA j20-f3 ESTATE OF GERALDINE L. VAUGHN, late of Lower Paxton Township, Dauphin County, Pennsylvania (died November 21, 2005). Executrix: Nola J. Miller. Attorney: Jacqueline A. Kelly, Esq., Jan L. Brown & Associates, 845 Sir Thomas Court, Suite 12, Harrisburg, PA Phone (717) j20-f3 ESTATE OF ROBERT R. SIDMAN, late of Lower Paxton Township, Dauphin County, Pennsylvania (died January 5, 2006). Executor: Michael C. Sidman, 4039 Laurel Valley Drive, Powell, OH Attorney: Howard B. Krug, Esq., Purcell, Krug & Haller, 1719 North Front Street, Harrisburg, PA j20-f3 ESTATE OF ROSE L. SWEIKERT, late of Lower Paxton Township, Dauphin County, Pennsylvania (died December 25, 2005). Executrix: Diane L. Shambaugh, 1063 Country Hill Drive, Harrisburg, PA Attorney: Francis A. Zulli, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA j20-f3 ESTATE OF MARY E. BORDASH, late of Williamstown, Dauphin County, Pennsylvania. Executrix: Marie T. Buggy, 247 East Broad Street, Williamstown, PA Attorney: Gregory M. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209, Elizabethville, PA j20-f3 ESTATE OF TERRY R. KLINGER, late of the Borough of Lykens, Dauphin County, Pennsylvania (died December 1, 2005). Administratrix: Rosemarie A. Perniola, 314 Pottsville Street, P.O. Box 99, Wiconisco, PA Attorney: Gregory M. Kerwin, Esq., Kerwin & Kerwin, 4245 Route 209, Elizabethville, PA j20-f3 ESTATE OF SAMUEL W. DEMEY, late of the Borough of Middletown, Dauphin County, Pennsylvania (died December 9, 2005). Executor: Larry A. Hartman, 29 Almond Drive, Hershey, PA Attorney: Stanley A. Smith, Esq., Rhoads & Sinon LLP, One S. Market Square, P.O. Box 1146, Harrisburg, PA j20-f3

10 SECOND PUBLICATION Estate Notices ESTATE OF EVELYN G. CALDWELL, late of the City of Harrisburg, Dauphin County, Pennsylvania (died December 19, 2005). Executrix: Andrea Koontz, 2638 Butler Street, Harrisburg, PA Attorney: Dennis J. Shatto, Esq., Cleckner and Fearen, 119 Locust Street, P.O. Box 11847, Harrisburg, PA j20-f3 ESTATE OF ELEANOR LaFONTAINE, late of Susquehanna Township, Dauphin County, Pennsylvania. Executrix: Deborah Lynn Royer, 517 Canal Street, Lebanon, PA Attorney: C. Walter Whitmoyer, Jr., Esq., 815 Cumberland Street, Lebanon, PA j20-f3 THIRD PUBLICATION ESTATE OF SAMUEL P. CAMERON, late of Derry Township, Dauphin County, Pennsylvania. Executor: John F. Varner. Attorney: Thomas H. Reed, Esq., Silver Spring Center & Plaza, 3545 Q Marietta Avenue, Lancaster, PA j13- ESTATE OF JOHN L. GOFHUS, late of Middletown, Dauphin County, Pennsylvania (died December 21, 2005). Executrix: Sandra M. Gofhus, 517 9th Street, New Cumberland, PA Attorney: James B. Pannebaker, Esq., Pannebaker & Mohr, P.C., 4000 Vine Street, Middletown, PA Phone (717) j13- ESTATE OF ARTHUR CHARLES RIZZO a/k/a ARTHUR C. RIZZO, late of Derry Township, Dauphin County, Pennsylvania (died December 6, 2005). Executor: John A. Rizzo, 2171 Deer Run Drive, Hummelstown, PA Attorney: Jean D. Seibert, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA j13- ESTATE OF GERTRUDE E. SCHEIB, late of Elizabethville Borough, Dauphin County, Pennsylvania (died December 3, 2005). Co- Executrices: Bonita L. Mattern, 6346 Route 225, Elizabethville, PA and Marjorie K. Romberger, 123 E. Market Street, P.O. Box 131, Pillow, PA Attorney: Earl Richard Etzweiler, Esq., 105 North Front Street, Harrisburg, PA Phone (717) j13- ESTATE OF ARTHUR W. PANNILL, JR., late of Swatara Township, Dauphin County, Pennsylvania (died August 12, 2005). Executrix: Julia M. Ridgley, 6340 Leechburg Road, Verona, PA Attorney: John DeLorenzo, Esq., Goldberg Katzman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA Phone (717) j13- ESTATE OF REIDA F. MEGONNELL, late of the Borough of Elizabethtown, Lancaster County, Pennsylvania (died November 7, 2005). Executor: Manufacturers and Traders Trust Company, Attn: Ruth Ann McMillen, 213 Market Street, Harrisburg, PA Attorney: Jean D. Seibert, Esq., Wion, Zulli & Seibert, 109 Locust Street, P.O. Box 1121, Harrisburg, PA j13- ESTATE OF ORA MAE (HOLMAN) NEELY, late of Harrisburg, Dauphin County, Pennsylvania. Executor: Charles Louis Neely, 1849 Herr Street, Harrisburg, PA j13- ESTATE OF MILDRED F. GIPE, late of Conewago Township, Dauphin County, Pennsylvania (died December 17, 2005). Co-Administratrices: Joyce G. Taylor and Bonita L. Schildt. Attorney: Cynthia M. Lighty, Esq., 1020 North Forge Road, Palmyra, PA j13- ESTATE OF EILEEN R. NACE, late of Susquehanna Township, Dauphin County, Pennsylvania (died December 12, 2005). Executor: Robert L. Nace, 209 Hearth Road, Camp Hill, PA j13-

11 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that GLOBAL TECHNOLOGY GROUP, INC., a foreign business corporation incorporated under the laws of the Commonwealth of Massachusetts, where its principal office is located at 600 Worcester Road, 4th Floor, Framingham, MA has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at 2704 Commerce Drive, Harrisburg, PA The registered office of the corporation shall be deermed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that in compliance with the requirements of 15 Pa.C.S. Section 8913 a Certificate of Organization-Domestic Limited Liability Company was filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, on December, 2005, for the purpose of obtaining a Certificate of Organization for a limited liability company. The name of the limited liability company is: OMNI STAT, LLC. The purpose for which the limited liability company was organized is: To engage in and do any lawful act concerning any and all lawful business for which limited liability companies may be formed in accordance with the laws of the Commonwealth of Pennsylvania. WILLIAM T. SMITH, Esq Derry Street Harrisburg, PA NOTICE IS HEREBY GIVEN that Nonprofit Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania on December 21, 2005 for the purpose of obtaining a Certificate of Incorporation under the provisions of the Nonprofit Corporation Law of The name of the proposed nonprofit corporation is DEER RUN COMMONS CONDOMINIUM ASSOCIATION. The purpose for which it will be organized is: to be a condominium unit owners association which provides for the management, maintenance and care of the residential condominium project located in Derry Township, Dauphin County, Pennsylvania, known as Deer Run Commons, a Condominium. EDWARD S. FINKELSTEIN, Esq. 700 Green Street Harrisburg, PA NOTICE IS HEREBY GIVEN that TCTJB XIII, INC., with a current registered office in care of National Registered Agents, Inc. in Dauphin County does hereby give notice of winding up proceedings in a voluntary dissolution as per 15 Pa.C.S This shall serve as official notice to creditors and taxing authorities. NOTICE IS HEREBY GIVEN that Enron Trading Services, Inc. with a registered agent in care of National Registered Agents, Inc. in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 Pa.C.S. 4129(b). The address of its principal office under the laws of its jurisdiction is 1400 Smith Street, P.O. Box 1188, Houston, TX This shall serve as official notice to creditors and taxing authorities. NOTICE IS HEREBY GIVEN that A-1 IMPORTS, INC. has been incorporated under the provisions of the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that FIC Logistics, LLC with a registered office in care of Penncorp Servicegroup, Inc. in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 Pa.C.S The address of its principal office under the laws of its jurisdiction is in care of Alexander Pan, PricewaterhouseCoopers, LLP, 350 S. Grand Avenue, 49th Floor, Los Angeles, CA This shall serve as official notice to creditors and taxing authorities.

12 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed and approved by the Department of State, Commonwealth of Pennsylvania for S & D Fresh Start Corp., which was incorporated under the provisions of the Business Corporation Law of RICHARD S. FRIEDMAN, Esq. Friedman & King, P.C. 600 N. Second Street, Fifth Floor P.O. Box 984 Harrisburg, PA NOTICE IS HEREBY GIVEN that Residential Abstract & Escrow Company with a registered agent in care of National Registered Agents, Inc. in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 Pa.C.S. 4129(b). The address of its principal office under the laws of its jurisdiction is 1829 Reistertown Road, Suite 380, Baltimore, MD This shall serve as official notice to creditors and taxing authorities. NOTICE IS HEREBY GIVEN that a Certificate of Authority for a business corporation was filed in the Department of State of the Commonwealth of Pennsylvania for The Korea Times New York, Inc. on December 27, The address of its principal office under the laws of its jurisdiction is 4525 Wilshire Boulevard, Los Angeles, CA The commercial registered office provider for this corporation is Corporation Service Company in Dauphin County. The Corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S. 4124(b). NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for SPLENDICARE, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN of the filing of Articles of Incorporation as follows: 1. The name of the corporation is Pennsylvania Freedom of Information Coalition. 2. The location of the registered office of the corporation is 3899 North Front Street, Harrisburg, PA The Articles of Incorporation were filed under the provisions of the Business Corporation Law of the Commonwealth of Pennsylvania, Act of May 5, 1933, P.L. 364, as amended. 4. The corporation shall have unlimited power to engage in and do any lawful act concerning any or all lawful business for which corporations may be incorporated under the Business Corporation Law. 5. The Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania and approved by said Department on the 22nd day of December, SUZANNE S. BECKER, Esq. Nauman, Smith, Shissler & Hall 200 North Third Street, 18th Floor P.O. Box 840 Harrisburg, PA NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State, Commonwealth of Pennsylvania, on December 28, 2005, effective January 1, 2006, for NORTHEAST EXCAVATING AND CONSTRUCTION, INC., located at 2200 Northfield Road, Harrisburg, Dauphin County, Pennsylvania, organized under the Pennsylvania Association Code, Act of December 21, 1988, Public Law 1444, Number 177, effective October 1, The purposes of the Corporation are to engage in excavating and construction and the like and any other lawful purpose and any lawful act concerning any and all businesses for which corporations may be incorporated under the Pennsylvania Association Code, Act of December 21, 1988, Public Law 1444, Number 177, effective October 1, CHARLES E. SHIELDS, III, Esq. 6 Clouser Road Mechanicsburg, PA 17055

13 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that Nonprofit Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on January 13, 2006, for the purpose of obtaining a Certificate of Incorporation under the provisions of the Nonprofit Corporation Law of The name of the proposed nonprofit corporation is Silver Creek at Hampden Townhome Condominium Association. The purpose for which it will be organized is: To be a condominium unit owners association which provides for the management, maintenance and care of the residential condominium project located in Hampden Township, Cumberland County, Pennsylvania, known as Silver Creek at Hampden, A Townhome Condominium. McNEES WALLACE & NURICK LLC 100 Pine Street Harrisburg, PA NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, effective on the 1st day of January 2006, for a business corporation organized under the Business Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, as amended. The name of the Corporation is GAULT WELLNESS CENTER, PC. MICHAEL CHEREWKA, Esq. Cherewka & Radcliff, LLP 624 North Front Street Wormleysburg, PA NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for CASEYS TRUCKING, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that an Application for a Termination of Authority, Foreign Corporation, was filed with the Department of State of the Commonwealth of Pennsylvania on the 12th day of December, 2005, on behalf of Gambro, Inc., a foreign business corporation incorporated under the laws of the State of Colorado where its principal office is located at W. Collins Ave., Lakewood, CO 80215, and where its registered office is located at 2704 Commerce Drive, Harrisburg, PA 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 TBT, Inc., transacting business as TigerTranz, a foreign business corporation incorporated under the laws of the State of South Carolina, where its principal office is located at 4327 Wade Hampton Boulevard, Suite H, Taylors, SC 29687, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at National Registered Agents, Inc., Dauphin County. 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 Commonwealth of Pennsylvania, Department of State, at Harrisburg, Pennsylvania for the purpose of obtaining a Certificate of Incorporation. The name of the corporation organized under the Pennsylvania Business Corporation Law of 1988, Act of December 21, 1988, P.L. 1444, No. 177, as amended and supplemented, is MatCorp, Inc. DEAN F. PIERMATTEI, Esq. Rhoads & Sinon LLP 12th Floor One South Market Square P.O. Box 1146 Harrisburg, PA

14 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 December 16, 2005, by OSWALD TRIPPE AND COMPANY, INC., a foreign corporation formed under the laws of the State of Florida, where its principal office is located at Bell Tower Drive, Fort Myers, FL 33907, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for MT PRODUCTIONS, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for MODELSLINK, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on December 27, 2005, by W.O. GRUBB STEEL ERECTION INCOR- PORATED, a foreign corporation formed under the laws of the Commonwealth of Virginia, where its principal office is located at 5120 Jefferson Davis Highway, Richmond, VA 23234, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 6, 2006, by WASTEQUIP MANUFACTURING COM- PANY, a foreign corporation formed under the laws of the State of Ohio, where its principal office is located at Science Park Drive, Suite 140, Beachwood, OH 44122, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on December 28, 2005, by TRAVELODGE HOTELS, INC., a foreign corporation formed under the laws of the State of Delaware, where its principal office is located at 2711 Centerville Road, Suite 400, Wilmington, DE 19808, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 6, 2006, by ROCKWOOD DISPOSITION SERVICES, INC., a foreign corporation formed under the laws of the State of New York, where its principal office is located at 555 Fifth Avenue, 5th Floor, New York, NY 10017, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania.

15 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 January 6, 2006, by LIBERTY REVERSE MORTGAGE, INCORPORATED, a foreign corporation formed under the laws of the State of California, where its principal office is located at 3100 Zinfandel Drive, Suite 300, Rancho Cordova, CA 95670, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, by ANTHONY & SYLVAN CORP., a foreign corporation formed under the laws of the State of Ohio, where its principal office is located at 6690 Beta Drive, Suite 300, Mayfield Village, OH 44143, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that TCTJB I, INC. with a registered agent in care of National Registered Agents, Inc. in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 Pa.C.S. 4129(b). The address of its principal office under the laws of its jurisdiction is 1221 Lamar Street, Suite 1600, Houston, TX This shall serve as official notice to creditors and taxing authorities. NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for AYRES INSURANCE AGENCY, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that Glen Eagle Retail Limited Partnership with a registered office in care of HIQ Corporate Services, Inc. in Dauphin County does hereby give notice of its intention to withdraw from doing business in this Commonwealth as per 15 Pa.C.S The address of its principal office under the laws of its jurisdiction is in care of LaSalle Advisors Limited Partnership, 100 E. Pratt Street, Suite 2030, Baltimore, MD This shall serve as official notice to creditors and taxing authorities NOTICE IS HEREBY GIVEN that a Certificate of Authority for a foreign business corporation was filed in the Department of State of the Commonwealth of Pennsylvania for Shinseiki Insurance Group, Inc. on 12/12/05. The address of its principal office under the laws of the jurisdiction in which it is incorporated is One Centerpoint Drive #265, La Palma, CA The registered office for this business is: Nauman, Smith, Shissler & Hall, LLP, Dauphin County, PA. The corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S NOTICE IS HEREBY GIVEN that a Certificate of Authority for a foreign business corporation was filed in the Department of State of the Commonwealth of Pennsylvania for InsuranceOne Insurance Agency, Inc. on 12/12/05. The address of its principal office under the laws of the jurisdiction in which it is incorporated is 1150 Hancock Street, Suite 400, Quincy, MA The registered office for this business is Nauman, Smith, Shissler & Hall, LLP, Dauphin County, PA. The corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S

16 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that NIP Specialty Brokerage LLC, a foreign business corporation incorporated under the laws of the State of Delaware, where its principal office is located at 900 Route 9 North, Suite 503, Woodbridge, NJ has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at c/o Corporation Service Company. The registered office of the corporation shall be deemed for venue and official publication purposes to be located in Dauphin County. NOTICE IS HEREBY GIVEN that the Certificate of Authority was filed with the December 22, 2005 for the purpose of obtaining a Certificate of Authority pursuant to the provisions of the Business Corporation Law of 1988, 15 Pa.C.S. Section The name of the corporation is Personal Power, Inc. The purpose for which the corporation is organized is providing substitute teachers to schools on an as-needed basis. NOTICE IS HEREBY GIVEN that the Certificate of Authority was filed with the December 22, 2005 for the purpose of obtaining a Certificate of Authority pursuant to the provisions of the Business Corporation Law of 1988, 15 Pa.C.S. Section The name of the corporation is World Capital Bancorp Inc. The purpose for which the corporation is organized is Commercial lender. NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for MOM S CLEANING SERVICE, INC., a corporation organized under the Pennsylvania Business Corporation Law of NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on January 5, 2006, by ENCORE MANAGEMENT KING OF PRUSSIA, INC., a foreign corporation formed under the laws of the State of Delaware, where its principal office is located at Seaway Road, Gulfport, MS 39503, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on November 30, 2005, by THE TITLE GROUP AGENCY, INC., doing business in the Commonwealth of Pennsylvania under the fictitious name of TGA ABSTRACT, a foreign corporation formed under the laws of the State of New Jersey, where its principal office is located at 111 Marlkress Road, Suite 204, Cherry Hill, NJ 08002, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that a Certificate of Authority for a business corporation was filed in the Department of State of the Commonwealth of Pennsylvania for Corning Data Services, Inc. on December 27, The address of its principal office under the laws of its jurisdiction is 139 Wardall Street, Corning, NY The commercial registered office provider for this corporation is National Registered Agents, Inc., in Dauphin County. The Corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S. 4124(b).

17 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN to all creditors and claimants of RESOURCE DAY TREATMENT CENTER, a Pennsylvania nonprofit corporation, that the shareholders have approved a proposal that the corporation dissolve voluntarily and the Board of Directors is now engaged in winding up and settling the affairs of the corporation so that its corporate existence will end, pursuant to the filing of Articles of Dissolution with the Pennsylvania Corporation Bureau pursuant to Section 1975 of the Pennsylvania Nonprofit Corporation Law of 1988, as amended. NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on December 30, 2005, by CLIFFORD FISCHER & COMPANY, formed under the laws of the State of Texas, where its principal office is located at Noel Road, Suite 2400, Dallas, TX 75240, 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 Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for BRUCE CONSULTING SERVICES, INC., a corporation organized under the Pennsylvania Business Corporation Law of FIRST PUBLICATION Fictitious Notices NOTICE IS HEREBY GIVEN, pursuant to the provisions of the Fictitious Name Act, 54 Pa.C.S. 301, et seq., and its amendments and supplements, of filing with the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on the 19th day of January, 2006, an application for conducting business under the assumed or fictitious name of Upper Dauphin Vinyl Products with its principal place of business located at 4907 Route 225, Elizabethville, Dauphin County, PA The name and address of the entity owning or interested in said business is: Melvin J. Petersheim of 4907 Route 225, Elizabethville, PA 17023, and Amos Z. Beiler of 545 Roller Road, Elizabethville, PA GREGORY M. KERWIN, Esq. Kerwin & Kerwin 4245 Route 209 Elizabethville, PA (717) NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on November 28, 2005, by LMDS HOLDINGS, INC., a foreign corporation formed under the laws of the State of Delaware, where its principal office is located at Sunset Hills Road, Reston, VA 20190, 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 c/o Corporation Service Company, Dauphin County, Pennsylvania. NOTICE IS HEREBY GIVEN under the Fictitious Name Act, 54 Pa.C.S et seq., that Bonnie L. Collins, M.P.A., B.S.S., 6915 Clearfield Street, Harrisburg, PA 17111, has filed or will be filing an Application for Registration of Fictitious Name for Life Refocused Coaching whose principal address is 6915 Clearfield Street, Harrisburg, PA

18 FIRST PUBLICATION Fictitious Notices NOTICE IS HEREBY GIVEN, pursuant to the Provisions of the Act of Assembly of December 16, 1982, Act 295, as amended, of the filing in the Office of the Secretary of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, on January 20, 2006, an application for the conduct of business in Dauphin County, Pennsylvania, under the assumed or fictitious name of Dhanvantri Wellness, with its principal place of business at 148 Blue Jay Way, Hummelstown, PA The names and residences of entities owning or interested in the aforesaid business are: PRATIBHA SACHDEV, 148 Blue Jay Way, Hummelstown, PA The purpose of the business will be holistic health counseling with related retail sales. ROBERT G. RADEBACH, Esq. 912 North River Road Halifax, PA (717) FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION FIRST AMENDED COMPLAINT IN MORTGAGE FORECLOSURE No CV 2005 JP MORGAN CHASE BANK AS TRUSTEE FOR EQUITY ONE ABS, INC., MORTGAGE PASS THROUGH CERTIFICATE SERIES #2001-2, Plaintiff vs. BRIAN O. GARRISON, Defendant TO: Brian O. Garrison PREMISES SUBJECT TO FORECLOSURE 611 GEARY STREET HARRISBURG, PA NOTICE IF YOU WISH TO DEFEND, you must enter a written appearance personally or by attorney and file your defenses or objections in writing to the court. You are warned that if you fail to do so the case may proceed without you and a 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 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) PINA S. WERTZBERGER, Esq. Milstead & Associates, LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ (856) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 97 QT NOTICE OF QUIET TITLE ACTION JOE GALATI, EXECUTOR OF THE ESTATE OF GLORIA M. GOODWIN, Plaintiff vs. THE UNKNOWN HEIRS and ADMINISTRATORS OF THE ESTATES OF HYMAN KUSHEL, ATHUR M. RUPLEY, WILLIAM H. NELL and KATHARINE B. BILTZ, Defendants

19 TO: FIRST PUBLICATION Miscellaneous Notices THE UNKNOWN HEIRS and ADMINISTRATORS OF THE ESTATES OF HYMAN KUSHEL, ATHUR M. RUPLEY, WILLIAM H. NELL and KATHARINE B. BILTZ PRESENTLY OR FORMERLY of Lots and Parcels (Lot 138), (Lots ), (Lot 216), (Lots ), (Lot 267) and (Lots , , , 268 and 269) (collectively, the Real Property ) located in Oak Lane Terrace, Lower Swatara Township, Dauphin County, Pennsylvania. A lawsuit has been filed to quiet title in Plaintiff and extinguish all rights you may have, if any, in the Real Property. The lawsuit is filed in the Dauphin County Court of Common Pleas, at the above term and number. A copy of the Complaint filed in the lawsuit will be sent to you upon request to the Attorney for the Plaintiff, Scott A. Dietterick, Esquire, P.O. Box 650, Hershey, PA Phone (717) IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PER- SONALLY OR BY AN 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 A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PLANTIFF. 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 the office set forth below. This office can provide you with the 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. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 2005 NOTICE OF ACTION IN MORTGAGE FORECLOSURE CENTEX HOME EQUITY COMPANY, LLC, Plaintiff vs. ARMIN JUNG, Defendant TO: Armin Jung PRESENTLY OR FORMERLY of 115 Wayne Drive, Harrisburg, PA A lawsuit has been filed against you in mortgage foreclosure and against your real estate at Wayne Drive, Harrisburg, PA because you have failed to make the regular monthly payments on your mortgage loan and the loan is in default. The lawsuit is an attempt to collect a debt from you owed to the plaintiff, Centex Home Equity Company, LLC. A detailed notice to you of your rights under the Fair Debt Collection Practices Act (15 U.S.C. 1692, et seq.) is included in the Complaint filed in the lawsuit. The lawsuit is filed in the Dauphin County Court of Common Pleas, at the above term and number. A copy of the Complaint filed in the lawsuit will be sent to you upon request to the Attorney for the Plaintiff, Scott A. Dietterick, Esquire, P.O. Box 650, Hershey, PA Phone (717) IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PER- SONALLY OR BY AN 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 A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT FURTHER NOTICE FOR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.

20 You should take this notice to your lawyer at once. If you do not have a lawyer go to or telephone the office set forth below. This office can provide you with the 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW NAME CHANGE No CV 5256 NC IN RE: ISAAC THIAKA WAMUTHONI a/k/a ISAAC THIAKA MUTHONI NOTICE FOR NAME CHANGE NOTICE IS HEREBY GIVEN that on December 15, 2005, the petition of Isaac Thiaka Wamuthoni was filed in the above named court, praying for a decree to change his name from Isaac Thiaka Wamuthoni Muthoni to Isaac Thiaka Muthoni. The court has fixed March 27, 2006 at 8:45 o clock, AM, in Courtroom No. 5, Dauphin County Court, for the hearing of said petition, when and where all persons interested may appear and show cause, if any they have, why the prayer of the said petition should not be granted. FIRST PUBLICATION Miscellaneous Notices MELVILLE G. M. WALWYN, Esq. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW CIVIL DIVISION No CV-3728 MF NOTICE OF ACTION IN MORTGAGE FORECLOSURE WASHINGTON MUTUAL BANK, F.A., s/i/i TO WASHINGTON MUTUAL HOME LOANS, INC., f/k/a PNC MORTGAGE CORP. OF AMERICA, Plaintiff vs. BENJAMIN C. BARLEY and AMY ST. GERMAIN, Defendants NOTICE TO: Benjamin C. Barley: YOU ARE HEREBY NOTIFIED that on September 1, 2005, Plaintiff, Washington Mutual Bank, F.A., s/i/i to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Dauphin County Pennsylvania, docketed to No CV-3728 MF. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 2424 Chadwick Court, Harrisburg, PA whereupon your property would be sold by the Sheriff of Dauphin County. YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before twenty (20) days from the date of this publication 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 a 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 TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAWYER.

21 FIRST PUBLICATION Miscellaneous Notices THIRD PUBLICATION Miscellaneous Notices 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) SECOND PUBLICATION NOTICE OF SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA, HOKE COUNTY In the District Court NOTICE NOTICE IS HEREBY GIVEN that a hearing will be held on January 30, 2006, at 10:00 A.M., in Court Room No. 4 of the Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania, on the proposed private sale by Upper Dauphin Area School District to Lyle E. Matter and Bertha S. Matter, his wife, of Lot No. 67 of the plan recorded in Dauphin County in Plan Book I, Vol. 5, Page 65, and having erected thereon a 3 bedroom single story dwelling house with brick and vinyl siding and a 3-car attached garage for the consideration of $220,000,00. EARL RICHARD ETZWEILER, Esq. Solicitor for Upper Dauphin j13,j20, Area School District Divorce from Bed and Board; Child Custody and Support; Post Separation Support, Alimony TO: DERICK LEWIS SR. TAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of relief being sought is as follows: Divorce from Bed and Board, Child Custody and Support, Post Separation Support, Alimony. You are required to make defense to such pleading not later than (March 15, 2006) and upon your failure to do so the party seeking service against you will apply to the court for the relief sought. This, the 12th day of January, /s/ Tarsha McRae Lewis, Plaintiff P.O. Box 653 j20-f3 Wagram, NC 28396

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23 Vol. 122 DAUPHIN COUNTY REPORTS I CUMULATIVE TABLE OF CASES American Postal Worker s Union, AFL/CIO, Keystone Area Local, Lemnah v Appeal of Allegheny Airlines, Inc Bell v. Stepping Stone, Inc., et al Bi-Nasr, Ramadan v Borough of Gratz, et al., Morgan v Boulware v. Yingst Capital Area Intermediate Unit, et al., DeRita v Capital City Cab Service, Inc. v. Susquehanna Area Regional Airport Authority Capozzi & Associates, P.C. v. County of Dauphin, et al Carrier v. Ingram, et al Commonwealth v. Druce Commonwealth v. Elliott Commonwealth v. Evans Commonwealth v. Fox previous opinion page number Commonwealth v. Gladden Commonwealth v. Johnson previous opinion page number Commonwealth v. Mitchell Commonwealth, Nethken v Commonwealth v. Saterstad Commonwealth v. Steele Commonwealth v. Varellas Commonwealth v. White Commonwealth v. Williams County of Dauphin, et al., Capozzi & Associates, P.C. v Cremation Society of Pennsylvania, Inc., et al., Pennsylvania Funeral Directors Association v Cromwell, Rummel v

24 II DAUPHIN COUNTY REPORTS Vol. 122 Cumulative Table of Cases Dauphin County Board of Assessment Appeals, Pennsylvania National Turf Club, Inc. v Dauphin County General Authority, Program Administration Services, Inc. v Dauphin Deposit Bank & Trust Co., et al. v. Good, Good v Davis, et al., Tyco Electronics Corp. v DeArmitt, et al., Hansel v previous opinion page number DeRita v. Capital Area Intermediate Unit, et al Druce, Commonwealth v Durbin v. Durbin Durbin, Durbin v Elliott, Commonwealth v Ether v. Ether previous opinion page number Ether, Ether v previous opinion page number Evans, Commonwealth v Finney v. Nastacio First Mutual Corporation v. Kreiger, et al previous opinion page number Fox, Commonwealth v previous opinion page number Gladden, Commonwealth v Good, Good v. Dauphin Deposit Bank & Trust Co., et al. v Good v. Dauphin Deposit Bank & Trust Co., et al. v. Good Hansel v. DeArmitt, et al previous opinion page number Harrisburg Area School District, Wells v Harrisburg Development, L.P., et al. v. Lower Paxton Township, et al Heck, Loney-Heck v Howells v. Howells Howells, Howells v

25 Vol. 122 DAUPHIN COUNTY REPORTS III Cumulative Table of Cases I. A. Construction Corp., et al., PennDOT v Ingram, et al., Carrier v In re: Tax Sale of 2002 Under the Real Estate Tax Sale Law of Jackson v. Tate; King v. Tate Johnson, Commonwealth v previous opinion page number King v. Tate; Jackson v. Tate Kreiger, et al., First Mutual Corporation v previous opinion page number Lemnah v. American Postal Worker s Union, AFL/CIO, Keystone Area Local Lenzi, et al., Pennock v Loney-Heck v. Heck Lower Paxton Township, et al., Harrisburg Development, L.P., et al. v Manning v. Manning Manning, Manning v McNaughton v. McNaughton McNaughton, McNaughton v Meredith, Perrotti v Miller v. Miller previous opinion page number Miller v. Miller previous opinion page number Miller, Miller v previous opinion page number Miller, Miller v previous opinion page number Miller v. Twin Arches, Ltd Miller v. York Newspapers, Inc., et al Milton Hershey Medical Center, et al., Yang, et al. v Mitchell, Commonwealth v Morgan v. Borough of Gratz, et al

26 IV DAUPHIN COUNTY REPORTS Vol. 122 Cumulative Table of Cases Nastacio, Finney v Nationwide Insurance Company, Renyo v Nethken v. Commonwealth Packer v. Pinnacle Health System Pagan, et al., UBA Fire, Inc. v PennDOT v. I. A. Construction Corp., et al PennDOT, et al., Whitsel v Pennock v. Lenzi, et al Pennsylvania Funeral Directors Association v. Cremation Society of Pennsylvania, Inc., et al Pennsylvania National Turf Club, Inc. v. Dauphin County Board of Assessment Appeals Perrotti v. Meredith Peterson v. State Farm Fire & Casualty Company, et al Pierce v. Pierce Pierce, Pierce v Pinnacle Health System, Packer v Pitts v. Tate Program Administration Services, Inc. v. Dauphin County General Authority Ramadan v. Bi-Nasr Reimert v. Trostle Renyo v. Nationwide Insurance Company Rhoads v. Rhoads Rhoads, Rhoads v Rizzutto, Saville v Rummel v. Cromwell Saterstad, Commonwealth v Saville v. Rizzutto Shaffer, Wetzel v State Farm Fire & Casualty Company, et al., Peterson v Steele, Commonwealth v Stepping Stone, Inc., et al., Bell v Susquehanna Area Regional Airport Authority, Capital City Cab Service, Inc. v

27 Vol. 122 DAUPHIN COUNTY REPORTS V Cumulative Table of Cases Tate, Pitts v Tate, Jackson; King v. Tate Trostle, Reimert v Twin Arches, Ltd., Miller v Tyco Electronics Corp. v. Davis, et al UBA Fire, Inc. v. Pagan, et al Varellas, Commonwealth v Wells v. Harrisburg Area School District Wetzel v. Shaffer White, Commonwealth v Whitsel v. PennDOT, et al Williams, Commonwealth v Yang, et al. v. Milton Hershey Medical Center, et al Yingst, Boulware v York Newspapers, Inc., et al., Miller v REAL ESTATE APPRAISAL Representation, Consultation and Expert Testimony MARK W. HECKMAN Certified General Appraiser Mark Heckman Real Estate Appraisers Valuation Specialists of 1309 Bridge Street, Commercial, Residential, Industrial, New Cumberland, PA Investment and Development Land heckmanappraisers@comcast.net Real Estate since 1986 We offer: High Quality Service and Thorough Preparation Experience in Litigation and Legal Matters A History of, and Reputation for Successful Results (717)

28 INCORPORATION AND LIMITED LIABILITY COMPANY FORMATION CONVENIENT, COURTEOUS SAME DAY SERVICE PREPARATION AND FILING SERVICES IN ALL STATES CORPORATION OUTFITS AND LIMITED LIABILITY COMPANY OUTFITS SAME DAY SHIPMENT OF YOUR ORDER CORPORATION, LIMITED LIABILITY COMPANY AND UCC FORMS CORPORATE AND UCC, LIEN AND JUDGMENT SERVICES M. BURRKEIM COMPANY SERVING THE LEGAL PROFESSIONAL SINCE 1931 PHONE: (800) FAX: (888) ARCH STREET, PHILADELPHIA, PA

29 BAR ASSOCIATION PAGE Dauphin County Bar Association 213 North Front Street Harrisburg, PA Phone: Fax: Board of Directors Joseph A. Curcillo, III Thomas P. Gacki President President-Elect Thomas E. Brenner John D. Sheridan Vice President Treasurer Craig A. Longyear Patricia Carey Zucker Secretary Past President Brett M. Woodburn Adam M. Shienvold Young Lawyers Chair Young Lawyers Vice Chair William L. Adler Floyd Baturin Randi Blackman-Teplitz Cara A. Boyanowski James F. Carl Robert E. Chernicoff Jill C. Fluck Directors Rita Frealing-Shultz S. Barton Gephart Helen L. Gemmill Jonathan W. Kunkel Royce L. Morris Renee Mattei Myers Mark J. Powell Tyrone A. Powell 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 Motion Judge of the Month JANUARY 2006 Judge Richard A. LEWIS FEBRUARY 2006 Judge Jeannine TURGEON Opinions Not Yet Reported December 8, 2005 Evans, J., Jackson v. Buck, et al. (No CV 3761 MM) December 12, 2005 Evans, J., Atwod v. Power Systems Electric, Inc., et al. (No. 584 S 1995)

30 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION Opinions Not Yet Reported December 21, 2005 Hoover, J., Thompson v. Hoover. (No CV 4632 CU) January 9, 2006 Cherry, J., Williams v. Kerr (No CV 2005) January 18, 2006 Kleinfelter, J., Reisinger v. Reisinger (No CV 0040 CU) January 19, 2006 Clark, J., Commonwealth v. Taylor (No CR 2003) o ASSOCIATE ATTORNEY Harrisburg Office of McKissock & Hoffman seeks an associate attorney with 2-4 years complex and civil litigation experience. Salary commensurate with experience. Excellent benefits. Send resume, writing sample and salary requirements to: Office Manager, McKissock & Hoffman, P.C., 2040 Linglestown Road; Suite 302; Harrisburg, PA No phone or facsimile inquiries please. j13- BEAUTIFUL DOWNTOWN OFFICE SPACE FOR LEASE 321 N. Front Street, Harrisburg. Outstanding river views. Suites available from 500 to 10,000 SF. Parking. Very reasonable lease rates. Ideal for law firm or association. Call Garrett Rothman, RSR Realtors, or j13- EXTENDED TEMPORARY SECRETARIAL POSITION IN SMALL LAW OFFICE Experience helpful but not necessary. Paid training in April, Assignment begins in May, Please respond to the Dauphin County Reporter, Attn: I, 213 North Front Street, Harrisburg, PA j20-f3 REAL ESTATE ATTORNEY Prominent Central Pennsylvania law firm seeks an attorney for its growing real estate practice. Must have a minimum of two years experience in zoning, land development, and other land use matters. Excellent academic and employment credentials required. We offer a competitive salary, a broad range of benefits, and a team approach to practicing law. Please forward cover letter, resume, and transcripts (both law school and undergraduate) to: Kathi J. Lipinsky, Hiring Coordinator McNees Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA klipinsky@mwn.com Fax: (717) f3

31 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION ATTORNEY Keefer Wood Allen & Rahal, LLP seeks associate attorney for its business and commercial law practice, to work predominately from its West Shore Office in Camp Hill. Qualified candidates should have two to four years of experience. Excellent academic and employment credentials required. We offer a competitive salary, excellent benefits and a team approach to practicing law. Please forward cover letter, resume and transcripts (both law school and undergraduate) to: Elyse E. Rogers, Esquire, Keefer Wood Allen & Rahal, LLP, 415 Fallowfield Road, Suite 301, Camp Hill, PA ; erogers@keeferwood.com; fax: f10 SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE NOTICE OF PROPOSED RECOMMENDATION No. 211 Proposed Promulgation of New Rule Governing Motions for Admission Pro Hac Vice The Civil Procedural Rules Committee is proposing that new Rule of Civil Procedure governing the requirements for motions for admission pro hac vice be promulgated. The recommendation is published in full in the Pennsylvania Bulletin, the advance reports of West s Atlantic and Pennsylvania Reporters, the Pennsylvania Law Weekly, the Philadelphia Legal Intelligencer and the Pittsburgh Legal Journal. The recommendation is also published electronically as part of the Home Page of the Administrative Office of Pennsylvania Courts at The proposed recommendation has not been submitted to the Supreme Court of Pennsylvania for review but rather is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court. All communications should be sent not later than March 1, 2006 to: Harold K. Don, Jr., Counsel Civil Procedural Rules Committee 5035 Ritter Road, Suite 700 Mechanicsburg, Pennsylvania or to civil.rules@pacourts.us

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