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. 5527, Vol. 122 November 11, 2005 No. 119 Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa., under the Act of Congress of March 31, 1879 Whitsel v. PennDOT, et al. 418 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 FLORENCE S. BENNETT, late of Harrisburg, Dauphin County, Pennsylvania (died September 24, 2005). Co-Executors: Susan B. Clionsky and Gregory B. Bennett, 1050 Custan Drive, Harrisburg, PA Attorney: Susan E. Lederer, Esq., 4811 Jonestown Road, Suite 226, Harrisburg, PA n11-n25 ESTATE OF CHARLES N. SHAVER, late of Swatara Township, Dauphin County, Pennsylvania (died October 1, 2005). Executrix: Mildred E. Shaver, 658 S. 60th Street, Harrisburg, PA Attorney: Edmund J. Berger, Esq., 2104 Market Street, Camp Hill, PA n11-n25 ESTATE OF EARL N. CLARK, late of Swatara Township, Dauphin County, Pennsylvania (died October 7, 2005). Executrix: Ida H. Clark, 212 North 46th Street, Harrisburg, PA Attorney: Stanley A. Smith, Esq., Rhoads & Sinon LLP, One South Market Square, P.O. Box 1146, Harrisburg, PA n11-n25 ESTATE OF JUDITH ROSI-YODER, late of Dauphin County, Pennsylvania (died October 9, 2005). Co-Executors: Leonard A. Yoder, 6425 Gallop Road, Harrisburg, PA and Angela Miller-Devers, 2370 Forest Hills Drive, Harrisburg, PA Attorney: Elyse E. Rogers, Esq., Keefer Wood Allen & Rahal LLP, 415 Fallowfield Road, Suite 301, Camp Hill, PA n11-n25 ESTATE OF EDWARD D. FISHER, late of Susquehanna Township, Dauphin County, Pennsylvania (died July 21, 2005). Executrix: Sharon Foster. Attorney: Marielle F. Hazen, Esq., 2000 Linglestown Road, Suite 202, Harrisburg, PA n11-n25 ESTATE OF GINA MARY NELSON, late of Susquehanna Township, Dauphin County, Pennsylvania (died October 5, 2005). Co-Executors: Arthur F. Nelson, III, 73 Little Run Road, Camp Hill, PA and Patricia A. Carnathon, 446 Quiggley Circle, Harrisburg, PA Attorney: Ronald M. Katzman, Esq., Goldberg Katzman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA Phone (717) n11-n25 ESTATE OF GRACE P. BATOT, late of Dauphin County, Pennsylvania. Executor: Robert Partchey. Attorney: Charles E. Petrie, Esq., 3528 Brisban Street, Harrisburg, PA n11-n25

3 FIRST PUBLICATION Estate Notices ESTATE OF EDWARD J. PRALL, late of Lower Paxton Township, Dauphin County, Pennsylvania (died September 15, 2005). Executor: Timothy Prall. Attorney: Nora F. Blair, Esq., 5440 Jonestown Road, P.O. Box 6216, Harrisburg, PA n11-n25 ESTATE OF BETTY J. STOLTZ, late of the Borough of Hummelstown, Dauphin County, Pennsylvania (died September 28, 2005). Executrix: Carole A. Stoltz, 235 N. Duke Street, Hummelstown, PA Attorney: Jeffrey M. Mottern, Esq., 28 East Main Street, P.O. Box 87, Harrisburg, PA n11-n25 ESTATE OF JAMES F. McCULLEY, late of Swatara Township, Dauphin County, Pennsylvania (died October 19, 2005). Executrix: Arlene C. McCulley, 4829 Franklin Street, Harrisburg, PA Attorney: Jean D. Seibert, Esq., Wion, Zulli & Seibert, 109 Locust Street, Harrisburg, PA n11-n25 SECOND PUBLICATION ESTATE OF MAE L. KESSLER, late of Millersburg Borough, Dauphin County, Pennsylvania (died October 5, 2005). Executrix: Tracy Wertz. Attorney: Pamela L. Purdy, Esq., McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA Phone (717) n4-n18 ESTATE OF DONALD D. SCHREFFLER, late of Millersburg Borough, Dauphin County, Pennsylvania (died October 14, 2005). Executrix: Dolores D. Paul, 2449 White Oak Road, Halifax, PA Attorney: Earl Richard Etzweiler, Esq., 105 North Front Street, Harrisburg, PA Phone (717) n4-n18 ESTATE OF CALVIN BROWN, late of the Borough of Steelton, Dauphin County, Pennsylvania (died April 28, 2004). Administratrix: Carol Brown Speaks, 664 North Second Street, Steelton, PA Attorney: Ann E. Rhoads, Esq., Cleckner and Fearen, 119 Locust Street, P.O. Box 11847, Harrisburg, PA n4-n18 ESTATE OF FREDERICK W. ANDREWS, late of Lower Paxton Township, Dauphin County, Pennsylvania. Executrix: Edna S. Andrews. Attorney: Donn L. Snyder, Esq., Saul Ewing LLP, Penn National Insurance Plaza, Two North Second Street, 7th Floor, Harrisburg, PA n4-n18 ESTATE OF DONALD J. TROMBINO, late of the City of Harrisburg, Dauphin County, Pennsylvania. Executrix: Doris J. Barbush, 523 Park Terrace, Harrisburg, PA Attorney: Thomas D. Gould, Esq., 2 East Main Street, Shiremanstown, PA n4-n18 ESTATE OF FRANCES E. REIDER, late of Londonderry Township, Dauphin County, Pennsylvania (died September 9, 2005). Executrix: Joan Schwanger, 120 Eagle Lane, Etters, PA Attorney: Edmund G. Myers, Esq., Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA n4-n18 ESTATE OF BARBARA J. CHRIST, late of Dauphin, Dauphin County, Pennsylvania (died March 30, 2005). Executor: Grey H. J. D. Berrier. Attorney: Michael Cherewka, Esq., 624 North Front Street, Wormleysburg, PA n4-n18 ESTATE OF EMMA J. LOTT, late of the City of Harrisburg, Dauphin County, Pennsylvania. Executrix: Vanda D. Khan, 1858 Holly Street, Harrisburg, PA Attorney: James H. Rowland, Jr., Esq., 812 North 17th Street, Harrisburg, PA n4-n18

4 418 DAUPHIN COUNTY REPORTS [122 Dauph. Whitsel v. PennDOT, et al. standard. Grady v. Frito-Lay, Inc., 839 A.2d 1038 (Pa. 2003). An abuse of discretion... requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous. Id. at 1046, citing, Paden v. Baker Concrete Constr. Inc., 658 A.2d 341, 343 (Pa. 1995). Absent a clear abuse of discretion or error of law, a trial court s decision regarding expert testimony will be upheld. Thomas v. West Bend Co., Inc., 760 A.2d 1174 (Pa. Super. Ct. 2000). Finally, plaintiffs argue that since the admission of expert testimony was improper, the two schools of thought doctrine that was improperly presented directly led to a verdict for the defendants. Since two schools of thought was not on the verdict slip, plaintiffs cannot establish that this doctrine had a direct effect on the verdict. (See, Verdict Slip, Nov. 19, 2004). The jury s decision may have rested upon the plaintiffs failure to meet their burden of proof with regard to negligence, and not the alternative school of thought presented by the defendants. Therefore this court properly denied the plaintiffs Frye Motion. Accordingly, the following is entered: ORDER AND NOW, this 18th day of October 2005, IT IS HEREBY ORDERED that Plaintiffs Motion for Post-Trial Relief is DENIED. o Whitsel v. PennDOT, et al. Practice Pleadings Judgment of Non Pros Waiver. Plaintiff sought to open and strike a judgment of non pros previously entered on behalf of one of several corporate defendants in this professional negligence case. The Defendant corporation had filed an answer to Plaintiff s complaint within six weeks, and then sought and obtained a judgment of non pros almost two years later, based upon the Plaintiff s failure to file a certificate of merit within sixty days of the original complaint. The Court, however, held that the Defendant, by its own unreasonable delay, had waived any rights it had under Pa.R.C.P to obtain non pros relief. 1. A certificate of merit shall be filed within sixty days after filing the complaint in any action based upon an allegation of professional negligence by a licensed professional. Pa.R.C.P

5 418 (2005)] DAUPHIN COUNTY REPORTS 419 Whitsel v. PennDOT, et al. 2. A defendant against whom a professional liability claim is asserted shall file a responsive pleading with the time required by Rule 1026 or within twenty days after service of the certificate of merit on that defendant, whichever is later. Pa.R.C.P Every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading. Pa.R.C.P Petition to Open and Strike Judgment of Non Pros. C.P., Dau. Co., No CV Granted. Anthony Stefanon, for Plaintiff Nicholas Noel III, for Defendants Gannett Fleming, Inc. and JBC Associates, Inc. Steven C. Gould, for Defendants PennDOT and PennDEP R. Thomas McLaughlin, for Defendant Johnson Mirmiran & Thompson, P.C. KLEINFELTER, J., October 26, Before the court is Plaintiff s Petition to Open and Strike Judgment of Non Pros which judgment had been sought and entered on behalf of defendant Johnson Mirmiran & Thompson, P.C. (hereinafter JMT ). A review of the procedural history is necessary. The action commenced with the filing of a writ of summons on March 6, A complaint followed on June 6, Although other defendants filed preliminary objections to the complaint, JMT did not. JMT filed its answer with new matter on July 28, Plaintiff s reply to new matter was filed August 8, On July 12, 2005, almost two years after filing its answer, JMT invoked the provisions of Pa.R.C.P Certificate of Merit 1 by filing a praecipe with the prothonotary seeking entry of judgment of non pros for failure to file the certificate required by the rule. Judgment of non pros was entered on July 12, 2005, and plaintiff s instant petition to open was filed September 23, Plaintiff s petition to open challenges JMT s judgment of non pros on two grounds. In the first place, plaintiff contends that JMT s invocation of Rule is untimely and that any objection for failure to comply with the rule has been waived. Second, and more fundamentally, plaintiff contends the Rule applies only to an action against a licensed professional and that JMT is an unlicensed corporation. 1. Adopted, January 27, 2003, effective immediately.

6 420 DAUPHIN COUNTY REPORTS [122 Dauph. Whitsel v. PennDOT, et al. We addressed the latter issue in our November 14, 2003, Opinion in this matter ( Whitsel I ) when the identical issue was raised by JMT s co-defendants, Gannett Fleming, Inc. and JBC Associates by filing preliminary objections in the nature of a motion to strike. 2 In Whitsel I we opined: On the other hand, we must agree with plaintiffs argument that Rule as drafted applies only to actions against licensed persons and not to unlicensed corporations. The plain words of Rule are clear and unambiguous. The rule applies only to a licensed professional and the latter is unambiguously defined as any person who is licensed pursuant to an Act of Assembly. In the case of an engineer, subsection (b)(1)(vi) of the rule refers us to the Engineer, Land Surveyor and Geologist Registration Law, 63 P.S. 148 et. seq. That law makes it unlawful for any person to practice engineering unless licensed and registered. See: 63 P.S Corporations engaged in providing engineering services are not licensed but are required only to ensure that the directing hands and employees of such firm or corporation in responsible charges of its activities be licensed. 63 P.S Had the Pennsylvania Supreme Court intended Rule et. seq. to apply to licensed professional corporations it certainly could have said so. Yet, even were we to interpret persons to include corporations, the rule would still not apply instantly since objecting defendants are not licensed corporations. We must interpret the absence of language making the rule applicable to unlicensed corporations as manifesting intent to exclude such defendants from the scope of the rule, even if the action sounds in professional liability negligence. Id. at 7. Notwithstanding our prior opinion, JMT argues that we should reconsider our holding in light of Rogal v. Silverstein, Superior Court No EDA 2004, a non-precedential decision filed July 18, In 2. The issue was also raised through preliminary objections filed by defendant Pennoni Associates, which we denied by Memorandum Opinion filed September 21, 2004.

7 418 (2005)] DAUPHIN COUNTY REPORTS 421 Whitsel v. PennDOT, et al. Rogal the defendants were Harry P. Silverstein, D.D.S., P.C. and Harry P. Silverstein, D.D.S. Plaintiff had filed no Rule Certificate and did not contend that his action against the dentist personally could survive non pros. Plaintiff did claim, however, that his claim against Silverstein P.C. should survive. The panel of the Superior Court first noted that Pa.R.C.P. 76 includes corporations within the definition of person and that the Professional Corporations Law, 15 Pa.C.S.A. 2903(b), authorizes licensed persons to render professional services by means of a professional corporation in all cases. The panel concluded that, at least as far as dentists are concerned, Rule should apply to corporations. In our prior opinion we considered the applicability of the rule to licensed professional corporations but noted that even were we to interpret person to include corporations, the rule would still not apply instantly since objecting defendants are not licensed corporations. Whitsel I, supra at 7. (emphasis in original). On the other hand, we would not contend that Rule is not capable of being given the broader interpretation espoused by the nonprecedential decision in Rogal. Whether the rule should be interpreted narrowly on its face as we did in Whitsel I, or more broadly as in Rogal must await a definitive appellate opinion. Instantly, however, the inquiry does not end with an interpretation of the term licensed person. Plaintiffs petition to open makes two additional points. First, plaintiff claims that her complaint is not based upon an allegation that a licensed professional deviated from an acceptable professional standard; and, secondly, that the applicability of Rule has been waived by failure to raise it timely. Because we agree with the second proposition, we will not indulge an analysis of the former. It is true, as JMT contends, that the rule does not state precisely when a defendant must file its praecipe for non pros. Rule mandates that a plaintiff s Certificate of Merit be filed with the complaint or within sixty days thereafter unless the court upon good cause shown, shall extend the time... for a period not to exceed sixty days. Rule prevents the prothonotary from entering judgment of non pros during the initial sixty day period or during any extension. The question remains however, After all time for filing the certificate has been exhausted, when should a party assert the remedy provided in Rule ? We believe the answer is found in Rule Responsive Pleading:

8 422 DAUPHIN COUNTY REPORTS [122 Dauph. Whitsel v. PennDOT, et al. A defendant against whom a professional liability claim is asserted shall file a responsive pleading within the time required by Rule 1026 or within twenty days after service of the certificate of merit on that defendant, whichever is later. Rule 1026 requires that every pleading subsequent to the complaint shall be filed within twenty days after service of the preceeding pleading. Subsequent pleadings include, of course, preliminary objections and, while a praecipe for entry of judgment of non pros may not be technically a pleading or preliminary objection, we believe the spirit of Rule is to require EITHER an answer, a preliminary objection OR the Rule praecipe within twenty days after the time for filing the certificate has expired. Another approach would be to require the Rule praecipe to be filed within a reasonable time after the time for filing the certificate has passed. We hold instantly that JMT should have filed its praecipe for judgment of non pros at least within 80 days of the filing of the complaint (allowing 60 days to file the certificate plus 20 days thereafter) unless there was some reason for a delay. Here, JMT filed its answer to the complaint on July 28, 2003, and did not assert any rights it had under Rule until July 12, JMT has advanced no reason for such an unreasonable delay. Given these circumstances, we hold that JMT has waived any right it had under Rule Accordingly, enter the following: ORDER AND NOW, October 26, 2005, Plaintiff s Petition to Open and Strike Judgment of Non Pros is granted and the Prothonotary of Dauphin County is directed to strike the judgment entered against plaintiff on July 18, o

9 SECOND PUBLICATION Estate Notices FIRST PUBLICATION Corporate Notices ESTATE OF ISABEL B. COLEMAN, late of Millersburg, Dauphin County, Pennsylvania (died October 16, 2005). Personal Representative: Charles S. Coleman, 360 Klinger Road, Millersburg, PA Attorney: Allen Shaffer, Esq., Shaffer & Engle Law Offices, 129 Market Street, Millersburg, PA n4-n18 ESTATE OF DAVID A. RASTOVAC, late of Swatara Township, Dauphin County, Pennsylvania. Executrix: Gloria A. Rastovac, 661 Woodview Street, Steelton, PA Attorneys: Rupp and Meikle, 355 North 21st Street, Suite 201, Camp Hill, PA n4-n18 ESTATE OF SHIRLEY MARIE ARLOTTA, late of Harrisburg, Dauphin County, Pennsylvania. Executor: Roscoe Lewis Arlotta. Attorney: James W. Abraham, Esq., Abraham Law Offices, 2157 Market Street, Camp Hill, PA n4-n18 THIRD PUBLICATION ESTATE OF GEORGE S. HARRIS, late of the Borough of Hummelstown, Dauphin County, Pennsylvania. Executrix: Betty L. Harris, 283 Pine Street, Hummelstown, PA Attorney: Charles J. DeHart, III, Esq., Caldwell & Kearns, 13 East Main Street, Hummelstown, PA o28-n11 ESTATE OF EARL L. HUMMER a/k/a EARL L. HUMMER, SR., late of South Hanover Township, Dauphin County, Pennsylvania (died September 14, 2005). Co-Executors: Earl L. Hummer, Jr., 746 Mount Gretna Road, Elizabethtown, PA and Gary L. Hummer, 518 Poplar Street, Hanover, PA Attorney: Jeffrey M. Mottern, Esq., 28 E. Main Street, P.O. Box 87, Hummelstown, PA o28-n11 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 October 6, 2005, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Advanced Capital USA, Inc. c/o Registered Agent Solutions, Inc. This corporation is incorporated under the laws of the State of Nevada. The principal office is 3742 Tibbetts Street, Suite 102, Riverside, CA The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988 as amended. n11 NOTICE IS HEREBY GIVEN that HOMES, INC., a foreign business corporation incorporated under the laws of the State of Georgia, intends to withdraw from doing business in this Commonwealth. The address, including street and number, if any, of its principal office under the laws of its jurisdiction is 2860 Johnson Ferry Road, Suite 200, Marietta, GA Its last registered office in this Commonwealth is c/o National Registered Agents, Inc. and is deemed for venue and official publication purposes to be located in Dauphin County, Pennsylvania. n11 NOTICE IS HEREBY GIVEN that a Certificate of Organization has been filed with the Commonwealth of Pennsylvania for Fair Havens Property Management, LLC. Said Limited Liability Company intends to be organized under the provisions of the Business Corporation Law of the Commonwealth of Pennsylvania of ANTHONY J. NESTICO, Esq. 840 East Chocolate Avenue Hershey, PA n11 (717)

10 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN that on October 5, 2005, Articles of Incorporation were filed with the Department of State for Knight s Royal Coffee Roastery, Ltd., a corporation organized under the provisions of the Pennsylvania Business Corporation Law of R. ERIC PIERCE, Esq. 114 West Chocolate Avenue Hershey, PA n11 (717) 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 Capacity Marine Corporation on September 29, The address of its principal office under the laws of the jurisdiction in which it is incorporated is One International Boulevard, Mahwah, New Jersey The registered office for this business is: Nauman, Smith, Shissler & Hall, LLP, Dauphin County, Pennsylvania. The corporation is filed in compliance with the requirements of the applicable provisions of 15 Pa.C.S n11 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 Falcon Insurance Agency of Florida, Inc. on September 7, The address of its principal office under the laws of its jurisdiction is 3131 Flightline Drive, Suite 315, Lakeland, FL The commercial registered office provider for this corporation is Paracorp, Inc., in the county of Dauphin. The Corporation is filed in compliance with the requirements of the applicable provision of 15 Pa.C.S. 4124(b). n11 NOTICE IS HEREBY GIVEN that GH Valley Forge Inc. with a registered office in care of CT Corporation System in Dauphin County, Pennsylvania does hereby give notice of winding up in voluntary dissolution proceedings as per 15 Pa.C.S This shall serve as official notice to creditors and taxing authorities. n11 NOTICE IS HEREBY GIVEN that Constructor Services, Inc., a foreign business corporation incorporated under the laws of the State of Georgia, where its principal office is located at 3805 Presidential Parkway, Suite 106, Atlanta, Georgia 30340, has applied for a Certificate of Authority in Pennsylvania, where its registered office is located at 100 Pine Street, Suite 325, Harrisburg, Pennsylvania n11 NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Commonwealth of Pennsylvania. The name of the corporation is C-Taylor Properties & Company, Inc. The corporation has been incorporated under the provisions of the Business Corporation Law of the Commonwealth of Pennsylvania Act of December 22, ANTHONY J. NESTICO, Esq. 840 East Chocolate Avenue Hershey, PA n11 (717) NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for FACILITY SOLUTIONS, INC., a corporation organized under the Pennsylvania Business Corporation Law of n11 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 October 5, 2005, for a foreign corporation with a registered address in the state of Pennsylvania as follows: Nationside Mortgage, Inc., c/o Registered Agent Solutions, Inc. This corporation is incorporated under the laws of the State of Delaware. The principal office is Comprint Circle, Gaithersburg, MD The corporation has been qualified in Pennsylvania under the provisions of the Business Corporation Law of 1988 as amended. n11

11 FIRST PUBLICATION Corporate Notices NOTICE IS HEREBY GIVEN to all creditors and claimants of THE P.F. LABORATORIES, INC., a Pennsylvania business 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 Business Corporation Law of 1988, as amended. n11 NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for E & E MANAGEMENT CORPORATION, a Business-Statutory close corporation organized under the Pennsylvania Business Corporation Law of n11 NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State for F & L TRUCKING, INC., a corporation organized under the Pennsylvania Business Corporation Law of n11 NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on October 6, 2005, by FIR LANE TERRACE CONVALESCENT CENTER, INC., a foreign corporation formed under the laws of the State of Washington, where its principal office is located at c/o LexisNexis Document Solutions Inc., 202 N. Phoenix Street, Olympia, WA 98506, 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. n11 NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on October 7, 2005, by ArchivesOne, Inc., a foreign corporation formed under the laws of the State of Connecticut, where its principal office is located at 515 Watertown Avenue, Waterbury, CT 06708, 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. n11 NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on October 7, 2005, by BAKER FILTRATION, INC., a foreign corporation formed under the laws of the State of California, where its principal office is located at 3020 Old Ranch Parkway, Suite 220, Seal Beach, CA 90740, 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 in Dauphin County. n11 NOTICE IS HEREBY GIVEN that an Application was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on October 11, 2005, by GRAHAM-MARCUS, INC., a foreign corporation formed under the laws of the State of Texas, where its principal office is located at 1000 Jupiter Road, Suite 800, Plano, TX 75074, 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. n11

12 FIRST PUBLICATION Corporate Notices FIRST PUBLICATION Miscellaneous Notices NOTICE IS HEREBY GIVEN that GRP Loan Corp. with a registered agent in care of National Corporate Research, Ltd. 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 360 Hamilton Avenue, 5th Floor, White Plains, NY. This shall serve as official notice to creditors and taxing authorities. n11 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 HARRISBURG CITY CAB, INC. J. BRUCE WALTER, Esq. Rhoads & Sinon LLP 12th Floor One South Market Square P.O. Box 1146 n11 Harrisburg, PA FIRST PUBLICATION Fictitious Notices NOTICE IS HEREBY GIVEN that an application for registration of a fictitious name, Rainbow Business Services, for the conduct of business in Dauphin County, Pennsylvania, with the principal place of business being 5518 Quail Ridge Court, Harrisburg, PA 17111, was made to the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania on the 21st day of September 2005, pursuant to the Act of Assembly of December 16, 1982, Act 295. The name and address of the only person owning or interested in the said business is: Holly M. Brandt, 5518 Quail Ridge Court, Harrisburg, PA n11 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA No CV-2384-NC PETITION FOR CHANGE OF NAME NOTICE NOTICE IS HEREBY GIVEN that on September 12, 2005, the petition of Ernestine May Mattern was filed in the above named court, requesting a decree to change her name from Ernestine May to Tina Mattern. The Court has fixed the day of November 29, 2005, in Courtroom No. 6, at 11:00 a.m., Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA as the time and place for the hearing on 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. ERNESTINE MAY MATTERN 1085 South Center Street October 31, 2005 P.O. Box 136 n11 Gratz, PA IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CHANGE OF NAME PETITION NOTICE NOTICE IS HEREBY GIVEN that on August 30, 2005, the petition of LEVI SIMPSON WAD- DELL, a/k/a GERALD GRANT WADDELL, a/k/a GENARLD GRANT WADDELL, was filed for a decree to change his name from Levi Simpson Waddell to Gerald Grant Waddell. The Court has fixed the 1st day of December at 8:30 a.m. in Court room No. 4, at the Dauphin County Courthouse as the time and place for hearing of said Petition when and where all persons interested may appear and show cause why the prayer of said Petition should not be granted. KAREN WADDELL 7347 Jonestown Road n11-n25 Harrisburg, PA 17112

13 FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV-1691-MF NOTICE OF ACTION IN MORTGAGE FORECLOSURE DLJ MORTGAGE CAPITAL, INC., Plaintiff vs. KENNETH IVEY, SR. and SANTAISHA IVEY, Defendants NOTICE TO: KENNETH IVEY, SR. and SANTAISHA IVEY, Defendants NOTICE OF SHERIFF S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 2625 LEXINGTON STREET, HARRISBURG, PA 17110, is scheduled to be sold at Sheriff s Sale on JANUARY 5, 2006 at 10:00 A.M., at Commissioners Hearing Room, Dauphin County Administration Building (formerly Mellon Bank Building), Harrisburg, Pennsylvania to enforce the court judgment of $47,425.62, obtained by DLJ MORTGAGE CAPITAL, INC. (the mortgagee). PROP. SIT. in the 10th Ward of the City of Harrisburg on E. side of Lexington St., 253 ft. N. of the NE corner of Lexington and Radnor Streets. Front: 20 ft. Depth: 80 ft. BEING premises: 2625 Lexington Street, Harrisburg, PA. IMPROVEMENTS consist of two-story brick dwelling. SOLD as the property of KENNETH IVEY, SR. and SANTAISHA IVEY. TERMS OF SALE: The purchaser at sale must pay the full amount of his/her bid by twelve o clock noon on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County conveying to the purchaser all the right, title, interest and claim which the said defendant has in and to the said property at the time of levy- ing the same. If the above conditions are not complied with on the part of the purchaser, the property will again be offered for sale by the Sheriff at two o clock P.M., on the same day. The said purchaser will be held liable for the deficiencies and additional costs of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. GREGORY JAVARDIAN, Esq Industrial Boulevard 1st Floor, Suite 101 Southampton, PA n11 (215) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 3994 MF NOTICE OF ACTION IN MORTGAGE FORECLOSURE M&T BANK SBM FMB BANK, Plaintiff vs. THE UNKNOWN HEIRS OF DESSIE M. ROBERSON, Deceased Mortgagor and Real Owner, Defendant(s) TO: THE UNKNOWN HEIRS OF DESSIE M. ROBERSON, Deceased, MORTAGOR and REAL OWNER, Defendant(s) whose last known address is 2117 Green Street, Harrisburg, PA THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU ARE HEREBY NOTIFIED that Plaintiff M&T BANK SBM FMB BANK, has 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 3994

14 FIRST PUBLICATION Miscellaneous Notices MF wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 2117 Green Street, Harrisburg, PA whereupon your property will be sold by the Sheriff of Dauphin. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) CENTRAL PENNSYLVANIA LEGAL SERVICES 213A North Front Street Harrisburg, PA (717) JOSEPH A. GOLDBECK, JR., Esq. Goldbeck McCafferty & McKeever, PC Suite 5000, Mellon Independence Center 701 Market Street n11 Philadelphia, PA IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 2005 NOTICE OF ACTION IN MORTGAGE FORECLOSURE GMAC MORTGAGE CORPORATION, Plaintiff vs. RONALD E. NORRIS, JR., a/k/a RON E. KNORRIS, JR., a/k/a RON E. NORRIS, JR., Defendant NOTICE TO: RONALD E. NORRIS, JR., a/k/a RON E. KNORRIS, JR., a/k/a RON E. NORRIS, JR. NOTICE OF SHERIFF S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 220 EMERALD STREET, HARRISBURG, PA is scheduled to be sold at Sheriff s Sale on Thursday, JANUARY 5, 2005 at 10:00 A.M., Dauphin County Administration Building, 4th Floor, Commissioners Hearing Room, Harrisburg, PA, to enforce the court judgment of $43,060.79, obtained by GMAC MORTGAGE CORPORATION (the mortgagee). ALL THAT CERTAIN lot or piece of land situate in the Tenth Ward of the City of Harrisburg, County of Dauphin, and Commonwealth of Pennsylvania, with the improvements thereon erected, bounded and described as follows, to wit: BEGINNING at a point, the northeast corner of Penn and Emerald Streets, which point is one hundred forty-nine and three tenths (149.3) feet distance from the northwest corner of Green and Emerald Streets; thence eastwardly along the northern side line of said Emerald Street nineteen (19) feet to a point; thence northwardly at right angles to said Emerald Street and through the center of a brick partition wall between this and adjoining house and beyond ninety (90) feet to a four (4) feet wide private alley; thence westwardly along the southern line of said four (4) feet wide private alley nineteen (19) feet to said Penn Street, and thence southwardly along the eastern side line of Penn Street ninety (90) feet to place of BEGINNING.

15 FIRST PUBLICATION Miscellaneous Notices TITLE TO SAID PREMISES IS VESTED IN Ronald E. Norris, Jr., by Deed from Elias Aristides Elias, single man, dated , recorded in Deed Book 3356, page 304. BEING Premises 220 EMERALD STREET, HARRISBURG, PA IMPROVEMENTS consist of residential property. SOLD as the property of RONALD E. NOR- RIS, JR., a/k/a RON E. KNORRIS, JR., a/k/a RON E. NORRIS, JR. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TERMS: The purchaser will be required to pay the full amount of his bid by TWO O CLOCK p.m. on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County, conveying to the purchaser all the right, title, interest and claim which said defendant has in and to said property at the time of levying the same. ALTHOUGH NOT PART OF THE MINI- MUM BID, PROPERTY SOLD FOR MINI- MUM BID DOES NOT DISCHARGE DELIN- QUENT AND/OR OUTSTANDING TAXES AND THE PURCHASER WILL BE RESPON- SIBLE FOR SAME. If above conditions be not complied with on the part of the Purchaser, the property will again be offered for sale by the Sheriff at THREE O CLOCK p.m. on the same day. The said purchaser will be held liable for the deficiencies and additional cost of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff within thirty (30) days of the Sheriff s Sale, distribution will be made in accordance with the schedule unless exceptions are filed within ten (10) days thereto. 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 REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) DANIEL G. SCHMIEG, Esq. Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA n11 (215) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 2005 NOTICE OF ACTION IN MORTGAGE FORECLOSURE WELLS FARGO BANK, N.A., s/b/m TO WELLS FARGO HOME MORTGAGE, INC., Plaintiff vs. CONNIE LEONARD, a/k/a CONNIE J. LEONARD and FRANCIS LEONARD, a/k/a FRANCIS R. LEONARD, Defendants TO: NOTICE CONNIE LEONARD, a/k/a CONNIE J. LEONARD and FRANCIS LEONARD, a/k/a FRANCIS R. LEONARD NOTICE OF SHERIFF S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 512 SOUTH 2nd STREET, LYKENS, PA is scheduled to be sold at Sheriff s, Sale on Thursday, JANUARY 5, 2006 at 10:00 A.M., Dauphin County Administration Building, 4th Floor, Commissioners Hearing Room, Harrisburg, PA, to enforce the court judgment of $73,090.18, obtained by WELLS FARGO BANK, N.A., s/b/m TO WELLS FARGO HOME MORTGAGE, INC. (the mortgagee). ALL THAT CERTAIN piece or parcel of land situate on the south side of South Second Street in the Borough of Lykens, County of Dauphin, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: DAUPHIN COUNTY

16 FIRST PUBLICATION Miscellaneous Notices BEGINNING at the southwest corner of South Second Street and a sixteen and one-half (16-1/2) feet wide alley; thence southward along the western line of said alley, one hundred and sixty (160) feet to the northern line of Railroad Street; thence westward along the northern line of said Railroad Street, twenty (20) feet to a point; thence northward one hundred and sixty-eight (168) feet to a point on the south side of South Second Street; thence eastward along the southern line of said South Second Street, nineteen (19) feet and two (2) inches to the place of BEGINNING. BEING the eastern portions of Lots Nos inclusive on the plan of the Borough of Lykens. BEING THE SAME PREMISES which Bank One, N.A., as a/b/m with the First National Bank of Chicago, as Trustee, of Structured Asset Securities Corporation Mortgage Pass-Through Certificates Series 1999-BC3 under that Special Servicing Agreement Dated July 1, 1999, by Deed Dated July 12, 2002 and Recorded July 19, 2002 in the Office of the Recorder of Deeds of Dauphin County, in Record Book 4459, Page 605, granted and conveyed unto Maximilian R. Stevens and Wendy J. Hammaker, Husband and Wife, Grantors Herein. TITLE TO SAID PREMISES IS VESTED IN Francis Leonard and Connie Leonard, husband and wife, by Deed from Maximilian R. Stevens and Wendy J. Hammaker, husband and wife, dated , recorded in Deed Book 4920, page 041. BEING Premises 512 SOUTH 2nd STREET, LYKENS, PA IMPROVEMENTS consist of residential property. SOLD as the property of CONNIE LEONARD, a/k/a CONNIE J. LEONARD and FRANCIS LEONARD a/k/a FRANCIS R. LEONARD. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TERMS: The purchaser will be required to pay the full amount of his bid by TWO O CLOCK p.m. on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County, conveying to the purchaser all the right, title, interest and claim which said defendant has in and to said property at the time of levying the same. ALTHOUGH NOT PART OF THE MINI- MUM BID, PROPERTY SOLD FOR MINI- MUM BID DOES NOT DISCHARGE DELIN- QUENT AND/OR OUTSTANDING TAXES AND THE PURCHASER WILL BE RESPON- SIBLE FOR SAME. If above conditions be not complied with on the part of the Purchaser, the property will again be offered for sale by the Sheriff at THREE O CLOCK p.m. on the same day. The said purchaser will be held liable for the deficiencies and additional cost of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff within thirty (30) days of the Sheriff s Sale, distribution will be made in accordance with the schedule unless exceptions are filed within ten (10) days thereto. 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 REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA (717) DANIEL G. SCHMIEG, Esq. Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA n11 (215) IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA No CV 3629 QT NOTICE OF QUIET TITLE ACTION THE REDEVELOPMENT AUTHORITY OF THE CITY OF HARRISBURG, A PENNSYLVANIA REDEVELOPMENT AUTHORITY, Plaintiff vs. ONNIE MAY BARBER, and THE CITY OF HARRISBURG, Defendants

17 TO: FIRST PUBLICATION Miscellaneous Notices ONNIE MAY BARBER and THE CITY OF HARRISBURG NOTICE YOU ARE HEREBY NOTIFIED that an Action to Quiet Title was brought against you in the Court of Common Pleas of Dauphin County, filed to No CV 3629 QT requesting that you be forever barred from asserting any right, title or interest in and to the real property described herein and that The Redevelopment Authority of the City of Harrisburg has extinguished any right, lien, title or interest claimed by you or any other person or persons to the premises as follows: ALL THOSE CERTAIN lot or piece of land situate in the City of Harrisburg, County of Dauphin and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Seneca Street two hundred (200) feet westward from the western line of Howard Avenue; thence southwardly along the center line of the partition of houses Nos. 521 and 523 Seneca Street and the same protracted one hundred and fifty (150) feet to the fifteen (15) feet wide alley; thence westwardly along the northern line of said alley fifteen (15) feet to a point; thence northwardly along the line of the adjoining property on the west and through the center of the partition between houses Nos. 519 and 521 Seneca Street, one hundred and fifty (150) feet to Seneca Street; thence eastwardly along the southern line of Seneca Street fifteen (15) feet to the place of BEGINNING. HAVING thereon erected House No. 521 Seneca Street, Harrisburg, PA. 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. 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) STUART J. MAGDULE, Esq. Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA n11 (717) IN THE ORPHAN S COURT OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION - LAW No CV 4447 NC IN RE: TJAYDA MARQUISE LITTLE, A MINOR BY: AMANDA ROSE MINICH, HER MOTHER PETITION FOR CHANGE OF NAME YOU ARE HEREBY NOTIFIED that now comes Petitioner, Amanda Rose Minich, mother of Tjayda Marquise Little, and respectfully requests this court to change Tjayda s name to Tjayda Marquise Minich and avers the following: 1. Petitioner is Amanda Rose Minich (Amanda), the guardian and natural mother of Tjayda Marquise Little (Tjayda), a four year-old minor who was born on December 20, The Petitioner s reasons for the change of name of her child, Tjayda, are: a The Petitioner is not and was never married to the Tjayda s natural father and has elected to use her name of Minich. b. Tjayda will reach school age shortly and the Petitioner desires to protect her child from the psychological and emotional confusion, which may result from the child and parent having two different surnames.

18 FIRST PUBLICATION Miscellaneous Notices c. No custody agreement is in existence and despite opportunities, the child s natural father, Alexander Marquis Little III (Mr. Little), has not initiated visitation rights with the child and has not made any effort to contact her since approximately June/July of d. The last contact Mr. Little had with Tjayda was on December 23, e. This contact was not planned or initiated by Mr. Little; the contact occurred at Mr. Little s sister s house where Tjayda was attending a Christmas party with the family. This contact lasted approximately twenty minutes until Mr. Little left the party. f. Upon information from Petitioner, Tjayda s natural father contributes to her financial support in the form of a wage attachment of approximately One Hundred Forty-four Dollars ($144.00) per week. g. Petitioner is also the mother of another daughter, Channing Minich. h. Channing lives with Amanda and Tjayda. i. Tjayda has been raised in her mother s household with so little contact with her father that she believes her last name is Minich, the same as her mother and sister. j. Upon information and belief, Tjayda s natural father has a history of violence including Protection from Abuse Orders (PFA s) for the Protection of Petitioner (2002-CV-4666-AB) and others (2002-CV-4833-AB). k. He also has a criminal history and has pled guilty to Simple Assault (3278- CR-2002). l. These actions by Mr. Little have led to a social stigma towards his name, whereas Petitioner s name is afforded more reverence within the community. m. Mr. Little accepted an offer to forego and abandon visitation rights with Tjayda on the condition that a psychological evaluation would not be required as a condition of the PFA executed November 15, 2002; Amanda Rose Minich v. Alexander Marquis Little III, Dauphin County, 2002-CV AB. n. Mr. Little is currently married and has another child from that relationship. o. As a result of Mr. Little s current marital relationship, he has shown no interest in becoming involved in Tjayda s life. p. The residences of the Petitioner during the five years preceding the filing of this Petition are as follows: (i) 5003 Wynnewood Road, Harrisburg, PA from 2000 to (ii) 5252 Winding Way, Harrisburg, PA from 2001 through March (iii) 369 N. Harrisburg Street, Townhouse N Oberlin, PA from March 2002 through current. 3. Petitioner requests this Court: (a) fix a hearing on this petition; and (b) direct that notice be given of the filing of this petition and the hearing. 4. Petitioner further requests this Court to waive the requirement for official searches of the proper offices of the county wherein Petitioner resides on the grounds that the subject of this petition is a minor and avers that there are no judgments or decrees of record or any other matter of like character against her. I, Amanda Rose Minich, hereby state that I am the Plaintiff in this action and that the statements of fact made in the foregoing are true and correct to the best of my information and belief Further, I understand that the statements herein are made subject to the penalties of 18 Pa. C. S relating to unsworn falsification to authorities. /s/ AMANDA ROSE MINICH, Petitioner /s/ MEREDITH R. ALLIE-GORDON Certified Legal Intern /s/ MONICA D. CLIATT, Esq. Harrisburg Civil Law Clinic Widener University School of Law 2300 Vartan Way, 2nd Floor Dated Harrisburg PA n11 (717)

19 FIRST PUBLICATION Miscellaneous Notices IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA CIVIL ACTION LAW No CV 1569 MF NOTICE OF ACTION IN MORTGAGE FORECLOSURE EMC MORTGAGE CORPORATION, Plaintiff vs. ANNIE M. MATTHEWS and HERMAN A. MATTHEWS, Defendants title, interest and claim which the said defendant has in and to the said property at the time of levying the same. If the above conditions are not complied with on the part of the purchaser, the property will again be offered for sale by the Sheriff at two o clock P.M., on the same day. The said purchaser will be held liable for the deficiencies and additional costs of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. GREGORY JAVARDIAN, Esq Industrial Boulevard 1st Floor, Suite 101 Southampton, PA n11 (215) TO: NOTICE ANNIE M. MATTHEWS and HERMAN A. MATTHEWS, Defendants IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY PENNSYLVANIA NOTICE OF SHERIFF S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 1913 ZARKER STREET, HARRISBURG, PA 17104, is scheduled to be sold at Sheriff s Sale on JANUARY 5, 2006 at 10:00 A.M., at Commissioners Hearing Room, Dauphin County Administration Building (formerly Mellon Bank Building), Harrisburg, Pennsylvania to enforce the court judgment of $37,235.29, obtained by EMC MORTGAGE CORPORA- TION (the mortgagee). PROP. SIT. in the 9th Ward of the City of Harrisburg on S. side of Zarker Street, 128 ft. E. from SE corner of Nineteenth Street and Zarker Street. Front: 15 ft. Depth: 70 ft. BEING premises 1913 Zarker St., Harrisburg, PA. IMPROVEMENTS consist of a two-story brick dwelling house. SOLD as the property of ANNIE M. MATTHEWS and HERMAN A. MATTHEWS. TERMS OF SALE: The purchaser at sale must pay the full amount of his/her bid by twelve o clock noon on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County conveying to the purchaser all the right, CIVIL ACTION LAW No CV-0474 NOTICE OF ACTION IN MORTGAGE FORECLOSURE KEY HOME EQUITY SERVICES, Plaintiff vs. LENSE DADE PEMBERTON a/k/a LENESE DADE PEMBERTON (DISMISSED) and ERVIN PEMBERTON, Defendants TO: NOTICE ERVIN PEMBERTON, Defendant NOTICE OF SHERIFF S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 138 NORTH 13th STREET, HARRISBURG, PA 17103, is scheduled to be sold at Sheriff s Sale on JANUARY 5, 2006 at 10:00 A.M., at Commissioners Hearing Room, Dauphin County Administration Building (formerly Mellon Bank Building), Harrisburg, Pennsylvania to enforce the court judgment of $10,407.93, obtained by KEY HOME EQUITY SERVICES (the mortgagee).

20 FIRST PUBLICATION Miscellaneous Notices PROP. SIT. in City of Harrisburg on W. side of N. 13th Street, 60 ft. N. of the N. side of Calamus Street. Front: 20 ft., 6 in. Depth: 89 ft. BEING prem.: 138 N. 13th St., Harrisburg, PA. IMPROVEMENTS consist of residential property. SOLD as the property of LENSE DADE PEM- BERTON a/k/a LENESE DADE PEMBERTON, Deceased and ERVIN PEMBERTON. TERMS OF SALE: The purchaser at sale must pay the full amount of his/her bid by twelve o clock noon on the day of the sale, and if complied with, a deed will be tendered by the Sheriff at the next Court of Common Pleas for Dauphin County conveying to the purchaser all the right, title, interest and claim which the said defendant has in and to the said property at the time of levying the same. If the above conditions are not complied with on the part of the purchaser, the property will again be offered for sale by the Sheriff at two o clock P.M., on the same day. The said purchaser will be held liable for the deficiencies and additional costs of said sale. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. GREGORY JAVARDIAN, Esq Industrial Boulevard 1st Floor, Suite 101 Southampton, PA n11 (215) Printing The Dauphin County Reporter every week for nearly 100 years Graphic Design Invitations Announcements Legal Briefs Legal Backers Business Cards Business Forms Envelopes Multi Color Printing Bindery & more Herr Street Harrisburg, PA Toll Free Phone Fax Quality Printing Since 1893

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22 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 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)

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 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 Cromwell, Rummel v Dauphin County Board of Assessment Appeals, Pennsylvania National Turf Club, Inc. v Dauphin County General Authority, Program Administration Services, Inc. v

24 II DAUPHIN COUNTY REPORTS Vol. 122 Cumulative Table of Cases 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 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

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 PennDOT, et al., Whitsel v Pennock v. Lenzi, et al Pennsylvania National Turf Club, Inc. v. Dauphin County Board of Assessment Appeals Perrotti v. Meredith Pierce v. Pierce Pierce, Pierce v Pinnacle Health System, Packer v Program Administration Services, Inc. v. Dauphin County General Authority Ramadan v. Bi-Nasr 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 Steele, Commonwealth v Stepping Stone, Inc., et al., Bell v Susquehanna Area Regional Airport Authority, Capital City Cab Service, Inc. v Tate, Jackson; King v. Tate Twin Arches, Ltd., Miller v Tyco Electronics Corp. v. Davis, et al Varellas, Commonwealth v

27 Vol. 122 DAUPHIN COUNTY REPORTS V Cumulative Table of Cases Wells v. Harrisburg Area School District Wetzel v. Shaffer Whitsel v. PennDOT, et al White, Commonwealth v Williams, Commonwealth v Yang, et al. v. Milton Hershey Medical Center, et al Yingst, Boulware v York Newspapers, Inc., et al., Miller v Alcohol or Other Drugs a Problem? Help is Only a Phone Call Away LAWYERS CONFIDENTIAL HELP-LINE Hours Confidential A Service Provided by Lawyers Concerned for Lawyers of Pennsylvania, Inc.

28 ATTORNEY DISCIPLINARY/ETHICS MATTERS Representation, Consultation and Expert Testimony in Matters Involving Ethical Issues and/or the Rules of Professional Conduct Pennsylvania and New Jersey Matters No Charge for Initial Consultation JAMES C. SCHWARTZMAN, ESQ Market Street, 29th Floor Phila., PA (215) Former Chairman, Disciplinary Board Supreme Court of Pa.; Former Chairman, Continuing Legal Education Board of the Supreme Court of Pa.; Former Federal Prosecutor AV RATED A lawyer who represents himself has a fool for a client. Abraham Lincoln TRIAL AHEAD? CONSIDER AN ALTERNATE ROUTE: Dauphin County Bar Association Civil Dispute Resolution Program Call (717) for details

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 NOVEMBER 2005 Judge Joseph H. KLEINFELTER DECEMBER 2005 Judge Bruce F. BRATTON Opinions Not Yet Reported September 29, 2005 Hoover, J., UBA Fire, Inc. v. Pagan, et al. (No CV 542)

30 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION SEEKING OFFICE SPACE in exist HBG firm. Solo practitioner o28-n25 LEGAL ASSISTANT/PARALEGAL Seeking motivated and organized candidate to manage office and to assist busy suburban Harrisburg family law practitioner in a challenging practice. Proficiency in WordPerfect and use of spreadsheets required. Experience with Lexis and PCLaw billing software desirable. Salary DOE. Send resume and references to Law Offices of Constance P. Brunt, 1820 Linglestown Road, Harrisburg, PA or to cpbrunt@cpbruntlaw.com. o28-n11 SEEKING ATTORNEY Recognized West Shore, Cumberland County, Law Firm seeks attorney with an established clientele for association or partnership. All inquiries will be held in the strictest confidence. Forward resumes and salary requirements to Law Firm Administrator, Personal and Confidential, 500 Bent Creek Boulevard, Mechanicsburg, PA o28-n11 DIRECTOR OF OPERATIONS - ATTORNEY This position will be responsible for the day-to-day operations of the very successful $5.4 million a year Pennsylvania Alternative to Abortion Services Program. As the pro-life statewide prime contractor, Real Alternatives administers this pro-life social services program for the PA Department of Public Welfare. Over 18,000 women in need a year are provided the support necessary to choose childbirth rather than abortion at 128 subcontracted pregnancy centers, social service agencies and maternity homes throughout the Commonwealth. See for more program information. The successful candidate will have the ability to use modern business practices in the government contracting arena. The position requires dedication to the program vision and 3 to 5 years experience in nonprofit management, program management, government contracting, auditing and accounting, staff supervision, marketing and public relations, contract and business law. A Masters in Business Administration may replace some years of experience. The perfect candidate will be an attorney with the above experience. Competitive salary of $100,000 with full benefits for employee and family. Equal Opportunity Employer. Send resume to RALIFEAID@AOL.COM. n11-n25

31 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION JOIN EXPANDING LITIGATION DEPARTMENT in premier Central Pennsylvania and Maryland law firm emphasizing business, financial and commercial law. Successful candidate will have minimum of three years experience in a variety of commercial litigation tasks such as preparation of pleadings, conducting discovery, and trial practice, and be a member of the Pennsylvania Bar. Membership in the Maryland Bar and/or Human Resource Law background is advantageous. Resume, reference and a writing sample required. Salary and benefits package commensurate with experience. Please submit resumes to: Keith A. Clark, Shumaker Williams, P.C., P.O. Box 88, Harrisburg, Pennsylvania n11 FULTON FINANCIAL ADVISORS WEALTH MANAGEMENT RELATIONSHIP MANAGER Fulton Financial Advisors, the investment advisory division of Fulton Financial Corporation, a $12.3 billion multi-bank holding company based out of Lancaster, PA, currently has an opportunity for a Wealth Management Relationship Manager at its regional office in York, PA. This position will manage client s total financial relationship across all product lines and assist management with strategic service initiatives. Must have 5-7 years experience in administration of fiduciary accounts. Must be persistent and focused in your approach. Excellent communication, interpersonal, managerial, and business development skills are required. Law degree preferred. If you possess the skills desired and would like to work for a company that provides a highly competitive salary and comprehensive benefits; please APPLY ONLINE at fult.com or call to request an application. Fulton Financial Advisors is committed to affirmative action, equal employment opportunity and diversity of its workforce. We are a drug free work environment. We appreciate your interest, but will only respond to those individuals who will be interviewed. n11 LEGAL SECRETARY Harrisburg office of regional law firm is seeking a professional legal secretary with 3-5 years experience in labor/litigation. Must possess excellent typing and admin. skills, be a self-starter and detailoriented, possess excellent communication skills, ability to work as part of a team and independently, handle phone contact with clients, attorneys, courts. Excellent salary and benefits package available. EOE. Please send resume and salary history to: Dauphin County Reporter, Attn: F, 213 North Front Street, Harrisburg, PA n11-n25

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