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ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5605, Vol. 123 May 11, 2007 No. 58

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

Foley v. BARC Properties, et al. 344Bar Association Page Inside Back Cover

Pages 344-348

36 Years in Harrisburg

THEDAUPHIN COUNTY REPORTER

Edited and Publishedby the

DAUPHIN COUNTY BARASSOCIATION

213 North Front StreetHarrisburg, PA 17101-1493

(717) 232-7536____________DONALD MORGAN

Executive DirectorJOYCE TAMBOLAS

Administrative AssistantBRIDGETTE L. HILBISH

Office Assistant___________Printed by

KURZENKNABE PRESS1424 Herr St., Harrisburg, PA 17103

THE DAUPHIN COUNTY REPORTER (USPS810-200) is published weekly by the DauphinCounty Bar Association, 213 North Front Street,Harrisburg, PA 17101. Periodical postage paid atHarrisburg, PA. POSTMASTER: Send addresschanges to THE DAUPHIN COUNTYREPORTER, 213 North Front Street, Harrisburg,PA 17101.

TERMSFor NON-MEMBERS of the

Dauphin County Bar Association:Bound Volume 122 ________________$125.00Advance Sheets, Volume 123 ________$ 90.00For MEMBERS of the

Dauphin County Bar Association:Bound Volume 122 ________________$ 90.00Advance Sheets, Volume 123 ________$ 75.00

Advertisements must be received before 12o’clock noon on Tuesday of each week at the officeof the Dauphin County Reporter, 213 North FrontStreet, Harrisburg, PA 17101.

Telephone (717) 232-7536

Estate Notices

DECEDENTS ESTATES

NOTICE IS HEREBY GIVEN that letterstestamentary or of administration have beengranted in the following estates. All personsindebted to the estate are required to makepayment, and those having claims or demands topresent the same without delay to the administra-tors or executors or their attorneys named below.

FIRST PUBLICATION

ESTATE OF ELSIE M. MINNICH, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died March 27, 2007). Executor: BarryA. Minnich, 426 Ridge Road, Grantville, PA17028. m11-m25

ESTATE OF PRAGNESH J. MODI, late ofLower Paxton Township, Dauphin County,Pennsylvania (died April 9, 2007). Co-Administrators: Jayanti Modi and Gita Modi,1905 Colonial Road, Harrisburg, PA 17112.Attorney: Edward P. Seeber, Esq., Pecht &Associates, PC, 1205 Manor Drive, Suite 200,Mechanicsburg, PA 17055. Phone (717) 766-9431. m11-m25

ESTATE OF ERNEST E. BENFER, late ofHarrisburg, Dauphin County, Pennsylvania (diedFebruary 27, 2007). Administratrix: Maybelle J.Snyder, 250 York Street, 2nd Floor, Hanover, PA17331. Attorney: Samuel A. Gates, Esq., 250York Street, Hanover, PA 17331. m11-m25

ESTATE OF JOHN A. FINNEGAN, JR., lateof Mechanicsburg, Cumberland County, Penn-sylvania (died November 29, 2006). Executrix:Ambrose Finnegan, 612 Comstock Avenue,Downingtown, PA 19331. Attorney: Lisa ComberHall, Esq., Two West Market Street, Suite 403,West Chester, PA 19382-3006. m11-m25

ESTATE OF LAIRD R. SMITH, late ofDauphin County, Pennsylvania. Executor: WalterR. Smith, 134 High Road, Corning, NY 14830.Attorney: Carl G. Wass, Esq., Caldwell &Kearns, 3631 North Front Street, Harrisburg, PA17110. Phone (717) 232-7661. m11-m25

ESTATE OF ROBERT J. OBENSTINE, SR.,late of Middletown Borough, Dauphin County,Pennsylvania. Co-Executors: Kerry AnnObenstine and Robert J. Obenstine, Jr. Attorney:Carolyn K. Hetrick, Esq., Byler, Goodley, Winkle& Hetrick, P.C., 363 West Roseville Road,Lancaster, PA 17601. m11-m25

ESTATE OF RONALD P. LACEY, late ofLower Paxton Township, Dauphin County,Pennsylvania (died January 16, 2007). Executrix:Anna Mae Lacey. Attorney: David H. Radcliff,Esq., 20 Erford Road, Suite 200, Lemoyne, PA17043. m11-m25

ESTATE OF LUCREATIA BAILEY, late ofHarrisburg, Dauphin County, Pennsylvania (diedAugust 17, 2002). Administrator: James Bailey,424 Harris Street, Harrisburg, PA 17104.Attorney: Franics A. Zulli, Esq., Wion, Zulli &Seibert, 109 Locust Street, Harrisburg, PA 17101.

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ESTATE OF GLADYS B. WHITAKER, lateof Upper Paxton Township, Dauphin County,Pennsylvania (died April 6, 2007). Executrix:Noralie J. Hoffman, 106-A North Elmer Avenue,Halifax, PA 17032. Attorney: Jeffrey A. Ernico,Esq., Mette, Evans & Woodside, 3401 NorthFront Street, Harrisburg, PA 17110. Phone (717)232-5000. m11-m25

ESTATE OF NANCY MAE LAWVER, late ofLower Paxton Township, Dauphin County,Pennsylvania. Administratrix: Sue A. Nale, 281Pheasant Road, Grantville, PA 17028. Attorney:Craig A. Hatch, Esq., Gates, Halbruner & Hatch,P.C., 1013 Mumma Road, Suite 100, Lemoyne,PA 17043. m11-m25

ESTATE OF LILLIE MAE NEUHOFF, late ofthe City of Harrisburg, Dauphin County, Penn-sylvania (died February 10, 2007). Executrix:Lillie M. Neuhoff, 130 S. Third Street, Apt. 814,Harrisburg, PA 17101. Attorney: Ann E. Rhoads,Esq., Cleckner and Fearen, 119 Locust Street,P.O. Box 11847, Harrisburg, PA 17108-1847.

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ESTATE OF THERESA M. EPPLEY, late ofSusquehanna Township, Dauphin County,Pennsylvania (died March 31, 2007). Executor:C.A. Sinkovitz, 4225 Catalina Lane, Harrisburg,PA 17109. m11-m25

FIRST PUBLICATION

Estate Notices

SECOND PUBLICATION

ESTATE OF ANN E. SCHMIDT, late ofLower Paxton Township, Dauphin County,Pennsylvania. Executor: Joseph BernardSchmidt, Jr., 2109 Fishing Creek Valley Road,Harrisburg, PA 17112, (717) 566-5358. Attorney:Thomas E. Flower, Esq., Saidis, Flower &Lindsay, 2109 Market Street, Camp Hill, PA17011. m4-m18

ESTATE OF HELEN I. FORTNEY, late of theCity of Harrisburg, Dauphin County, Pennsyl-vania (died April 3, 2007). Executor: Robert T.Fortney. Attorney: Steven P. Miner, Esq., DaleyZucker Meilton Miner & Gingrich, LLC, 1035Mumma Road, Suite 101, Harrisburg, PA 17043.

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ESTATE OF LILLIAN LEVITON, late ofHarrisburg, Dauphin County, Pennsylvania. Co-Executrices: Susan Leviton Gorelick, 3417 NorthFourth Street, Harrisburg, PA 17110 and MindyZana Elins, 11 Shady Lane Drive, Burlington,MA 01803. Attorney: Stuart S. Sacks, Esq.,Smigel, Anderson & Sacks, LLP, 4431 NorthFront Street, Harrisburg, PA 17110. m4-m18

ESTATE OF HOWARD P. GABRIEL, late ofDauphin County, Pennsylvania. Administrator:Hershey Trust Company, 100 Mansion RoadEast, P.O. Box 445, Hershey, PA 17033-0445.Phone (717) 520-1144. m4-m18

ESTATE OF VIRGINIA H. STRAWSER, lateof Lower Paxton Township, Dauphin County,Pennsylvania (died February 23, 2007).Executor: Richard A. Strawser, 4304 MeadowCrest Road, Harrisburg, PA 17112. Attorney: JanL. Brown, Esq., Jan L. Brown & Associates, 845Sir Thomas Court, Suite 12, Harrisburg, PA17109. m4-m18

344 DAUPHIN COUNTY REPORTS [123 Dauph.

Foley v. BARC Properties, et al.

Floyd lived there, but finding no one at home at that address, knowingthat the Defendant has just been arrested, the officer could have secureda search warrant based upon that information. We cannot overlook thefact that the probable cause affidavit provided to obtain the search war-rant contains the same information available to the officer when he wentto the house earlier that day without a warrant.

For all of the foregoing reasons, we properly sustained the De-fendant’s Motion to Suppress evidence seized as a result of the searchwarrant marked as Commonwealth Exhibit No. 1.

_______o_______


Torts — Negligence — Duty of Care — Proximate Cause — Evidence.

Plaintiff sought damages for personal injuries allegedly sustainedafter falling down an elevator shaft on Defendants’ property, but hecould not recall how he came to fall down the shaft. Accordingly, theCourt granted the Defendants’ motions for summary judgment, basedupon insufficient evidence to establish the essential elements of the neg-ligence claims against them.

1. When a motion for summary judgment is based on insufficient evidence to supportthe factual basis for the cause of action or defense, the non-moving party must come for-ward with sufficient evidence essential to preserve the cause of action. McCarthy v. DanLepore & Sons Co., Inc., 724 A.2d 938, 940 (Pa. Super. 1998).

2. It is hornbook law that a plaintiff in a negligence action has the burden of proving by afair preponderance of evidence that the defendant was negligent, and that the negligence wasthe proximate cause of the accident. Kester v. Rutt, 439 Pa. 546, 266 A.2d 713 (1970).

3. The mere happening of an accident does not make out a prima facie case of negli-gence, nor raise an inference or presumption of negligence. Hamil v. Bashline, 481 Pa.256, 392 A.2d 1280 (1978).

Motions for Summary Judgment. C.P., Dau. Co., No. 2003-CV-2295).Motions Granted.

Girard E. Rickards, for Plaintiffs

Kelly L. Bonanno, for Defendant Central Penn Property ManagementCompany

Scott D. McCarroll, for Defendants BARC Properties, the Estate ofAlan Reid, c/o Risa Reid, Administratrix, and Risa Reid

344 (2007)] DAUPHIN COUNTY REPORTS 345


HOOVER, J., March 28, 2007. – This matter comes before the court onthe Motions for Summary Judgment of Defendants BARC Properties,Estate of Alan F. Reid c/o Risa Reid, Administratrix and Risa Reid, andCentral Penn Property Management Company. For the reasons set forthherein, Defendants’ Motions are GRANTED.

FACTUAL BACKGROUNDThe accident at issue in this case occurred on May 22, 2001.

(Deposition of Plaintiff Mark Foley, p. 16, 19) (hereinafter, “Pl. Dep.”).Plaintiff Mark Foley asserts that he was injured when he fell down anelevator shaft at property located at 1021 Market Street in Harrisburg,Pennsylvania as a result of negligence of the Defendants, the propertyowner BARC Properties, which was at the time a partnership consistingof Alan and Risa Reid, and Central Penn Property Management. Plaintiffalleges that he was instructed, in connection with his employment, to goto the warehouse property at 1021 Market Street to let employees ofDefendant Central Penn Properties in to get carpeting. (Pl. Dep. p. 49).The 1021 Market Street property is a three story brick structure. (Pl.Dep. p. 29). The second of the three stories is considered a “one and one-half level between the first and second floor. (Pl. Dep. p. 37-38). Accessfrom the elevator to this level was through a “household” door, whichwas ordinarily locked with a deadbolt. (Pl. Dep. p. 38-39, 44). The ele-vator side of the door at the one and one-half story had a key-lock mech-anism, while the building (interior) side of the door had a “thumb-turn”style knob. Id. The elevator at issue is the building’s freight elevator,which is raised and lowered by pulling a cable. (Pl. Dep. p. 31, 33-34).Mr. Foley was familiar with the operation of the elevator. (Pl. Dep. p.115-116).

Mr. Foley, cannot recall arriving at the building or getting into theelevator on the day of the incident.1 He alleges that the elevatorbecame stuck at approximately half-way up the household door. (Pl. Dep. p. 49, 50-51). He alleges that at some point, he becametrapped in the elevator, banged on the door, and yelled to get out. (Pl.Dep. p. 52, 56). Mr. Foley does not know what caused the elevator tostop between floors. (Pl. Dep. p. 55). Mr. Foley testified that he triedto open the door. (Pl. Dep. p. 59, 62). He does not recall how he cameto fall down the elevator shaft. (Pl. Dep. p. 63). Mr. Foley does notspecifically recall a sensation of falling, nor can he explain how he gotfrom the inside of the elevator to the bottom of the elevator shaft.

1. Mr. Foley alleges that he suffered a head injury which has caused a loss of smell andtaste. (Pl. Dep. p. 89, 90).



(Pl. Dep. p. 71-72; 110). No one has told him how the incident hap-pened. (Pl. Dep. p. 81). Mr. Foley does not recall how he was trans-ported to the hospital. (Pl. Dep. p. 84).

DISCUSSIONDefendants are entitled to summary judgment in that Plaintiffs are

unable to adduce sufficient evidence to establish essential elements ofnegligence claims.

Pennsylvania Rule of Civil Procedure 1035 provides, in relevant part:

(a) After the relevant pleadings are closed, but within suchtime as not to delay trial, any party may move for summa-ry judgment in whole or in part as a matter of law.

* * *(2) if, after the completion of discovery rel-evant to the motion, including the produc-tion of expert reports, an adverse party whowill bear the burden of proof at trial hasfailed to produce evidence of facts essentialto the cause of action or defense which in ajury trial would require the issues to be sub-mitted to a jury.

Pa. R.Civ.P. 1035.2, Motion.

In considering Defendants’ Motions, we view the record in the lightmost favorable to the non-moving party, and resolve all doubts as to theexistence of a genuine issue of material fact against the moving party.Ertel v. Patriot News, 544 Pa. 93, 98-99, 674 A.2d 1038, 1041 (1996).Further, when, as in the instant case, “a motion for summary judgmentis based on insufficient evidence to support the factual basis for thecause of action or defense, the non-moving party must come forwardwith sufficient evidence essential to preserve the cause of action,”McCarthy v. Dan Lepore & Sons Co., Inc., 724 A.2d 938, 940 (Pa.Super. 1998). See also, Ertel v. Patriot News, 544 Pa. at 101-102, 674A.2d at 1042 (1996) (“ ... [A] non-moving party must adduce sufficientevidence on an issue essential to his case and on which he bears the bur-den of proof such that a jury could return a verdict in his favor.”)

In order to withstand Defendants’ Motions for Summary Judgment,Plaintiffs in the instant matter must adduce evidence on the elements ofa cause of action in negligence sufficient for submission to a jury. “It is

344 (2007)] DAUPHIN COUNTY REPORTS 347


hornbook law that a plaintiff in a negligence action has the burden ofproving by a fair preponderance of evidence that the defendant was neg-ligent, and that the negligence was the proximate cause of the accident.”Kester v. Rutt, 439 Pa. 546, 266 A.2d 713 (1970). Plaintiffs have assert-ed that the Defendants were negligent in failing to properly maintain orinspect the elevator, allowing a dangerous condition to exist, failing topost instructions, warn of a dangerous condition, or being “otherwise”negligent. (Plaintiffs’ Complaint, para. 12). Accordingly, the evidencemust identify the conduct on the part of the Defendants which fell belowthe duty of care owed Mr. Foley, and how such conduct caused the acci-dent to happen.

The pleadings and discovery before the court reflect that Plaintiffs areunable to present such evidence. Mr. Foley has no recollection of howor why he fell from the elevator, nor do any witnesses exist. We areunable to accept Plaintiffs’ theories or explanation of possibilities as tohow the accident occurred as substitutes for proof. Our Superior Courthas stated:

We are mindful that evidence relied upon by the non-moving party need not be direct evidence, but may be cir-cumstantial evidence and the inferences reasonablydeducible therefrom. Nevertheless, such circumstantialevidence and its reasonable inferences ‘must be adequateto establish the conclusion sought and must so prepon-derate in favor of the conclusion as to outweigh in themind of the fact-finder any other evidence and reasonableinferences therefrom which are inconsistent therewith.’ Itis also well settled that a court reviewing the propriety ofa summary judgment motion must be mindful that a jurymay not be permitted to reach a verdict on the basis ofspeculation or conjecture. Id.

Inforsage v. Mellon Ventures, 896 A.2d 616, 626 (Pa. Super. 2004)(internal citations omitted).

At best, Plaintiffs can offer only theories as to how Mr. Foley fell. Ofcourse, the mere happening of an accident does not make out a primafacie case of negligence, nor raise an inference or presumption of negli-gence. Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978). Even ifone were to accept as fact that negligence caused the elevator to stop asit did, or that the door should not have been locked, a jury could notdecide the element of proximate causation of the negligence to the fallwithout resort to speculation.



Further, production of an expert opinion by Plaintiffs would not curethe deficiencies in proof. In Warden v. Lyons, 432 Pa. 495, 248 A.2d 313(1968), the Superior Court reversed a judgment in favor of the plaintiffwhere the plaintiff could not produce proof as to how a large crate con-taining heavy glass fell on the plaintiff. While the plaintiff thereinoffered theories as to improper loading and bracing of the crate, withoutknowledge of how the accident occurred, the plaintiff’s expert testimo-ny was insufficient, and the jury was required to guess. Id., 432 Pa. 498,248 A.2d 314. Expert opinion in this case would similarly lack a factu-al foundation and requisite certainty.

Accordingly, for all of the foregoing reasons, we enter the following:

ORDERAND NOW, this 28th day of March, 2007, it is hereby ORDERED

that:

The Motions for Summary Judgment of Defendants BARCProperties, the Estate of Alan Reid, c/o Risa Reid, Administratrix, andRisa Reid, and Central Penn Management Company are GRANTED.

_______o_______

ESTATE OF EILEEN E. GERMANN, late ofDerry Township, Dauphin County, Pennsylvania(died March 3, 2007). Executor: William C.Hollister, 21990 Longleaf Trail Drive, BonitaSprings, FL 34135. Attorney: John S. Davidson,Esq., 320 West Chocolate Avenue, P.O. Box 437,Hershey, PA 17033-0437. m4-m18

ESTATE OF RUDOLPH RHEN, late ofSusquehanna Township, Dauphin County,Pennsylvania (died March 5, 2007). Executrix:Barbara Kretzing. Attorney: Marielle F. Hazen,Esq., 2000 Linglestown Road, Suite 202,Harrisburg, PA 17110. m4-m18

ESTATE OF GRACE A. SCHLEGEL, late ofUpper Paxton Township, Dauphin County, Penn-sylvania (died February 21, 2007). Executrix:Vera G. Schlegel. Attorney: Earl RichardEtzweiler, Esq., 105 North Front Street,Harrisburg, PA 17101. Phone (717) 234-5600.

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ESTATE OF LENNA M. LOPATIC, late ofPenbrook Borough, Dauphin County, Penn-sylvania. Executor: Bryan K. Lopatic, 19 EvansGrove, Poquoson, VA 23662. Attorney: BridgetM. Whitley, Esq., Skarlatos & Zonarich LLP, 17South Second Street, 6th Floor, Harrisburg, PA17101. m4-m18

ESTATE OF PATRICIA R. SOURBEER, lateof Susquehanna Township, Dauphin County,Pennsylvania. Co-Administrators, CTA: Anne S. Morris, Frank R. Sourbeer and Charles H. Sourbeer. Attorneys: Placey & Wright, Esq.,3631 North Front Street, Harrisburg, PA 17110.

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SECOND PUBLICATION

Estate Notices

ESTATE OF ERMA LEE DRYER, late ofOberlin, Dauphin County, Pennsylvania (diedFebruary 1, 2007). Administrator: Junita Dryer,1060 3rd Avenue, Oberlin, PA 17113. Attorney:Elizabeth Pettis, Esq., 213 Market Street, 8thFloor, Harrisburg, PA 17101. m4-m18

ESTATE OF PAUL W. ROGERS, late of theCity of Harrisburg, Dauphin County, Penn-sylvania (died April 15, 2007). Executor: JamesD. Cameron, 1325 North Front Street,Harrisburg, PA 17102. m4-m18

THIRD PUBLICATION

ESTATE OF ALLEN LUTHER MAURER,late of Lower Paxton Township, Dauphin County,Pennsylvania. Executor: Michael Allen Maurer,951 Vine Street, Macungie, PA 18062. Attorney:Earl Richard Etzweiler, Esq., 105 North FrontStreet, Harrisburg, PA 17101. Phone (717) 234-5600. a27-m11

ESTATE OF JOAN E. O’CONNELL, late ofDerry Township, Dauphin County, Pennsylvania.Executor: Kevin Patrick O’Connell. Attorney:Jeffrey A. Keiter, J.D., 226 West ChocolateAvenue, Hershey, PA 17033. a27-m11

ESTATE OF LaRUE G. BROWN, late ofHarrisburg, Dauphin County, Pennsylvania. Co-Executrices: Debra Lee Caravelli, 4862 VistaRidge Drive, Dublin, OH 43017 and Cynthia AnnForney, 1050 East Maple Street, Annville, PA17003. Attorneys: Siegrist, Koller, Brightbill,Long & Feeman. a27-m11

ESTATE OF EDGAR W. BLY, II, late ofHummelstown, Dauphin County, Pennsylvania(died March 22, 2007). Personal Representative:Eugenia Bly. Attorney: Marielle F. Hazen, Esq.,2000 Linglestown Road, Suite 202, Harrisburg,PA 17110. a27-m11

ESTATE OF ANGELINA C. METALLO, lateof Middletown, Dauphin County, Pennsylvania(died April 1, 2007). Executrix: Mary M.Metallo, 20 Rupp Street, Middletown, PA 17057.Attorney: John S. Davidson, Esq., 320 WestChocolate Avenue, P.O. Box 437, Hershey, PA17033-0437. a27-m11

ESTATE OF NANCY I. UPDEGRAFF, late ofRoyalton Borough, Dauphin County, Penn-sylvania. Executrix: Dorothy Smoker, 114 UlrichStreet, Middletown, PA 17057. Attorney: BridgetM. Whitley, Esq., Skarlatos & Zonarich LLP, 17South Second Street, 6th Floor, Harrisburg, PA17101. a27-m11

ESTATE OF PAUL E. KOLVA, late of LykensBorough, Dauphin County, Pennsylvania.Executor: Robert J. Kolva, 300 Market Street,Lykens, PA 17048. Attorney: Gregory M.Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. a27-m11

ESTATE OF CHARLES HENRY CLAGGETT,late of the City of Harrisburg, Dauphin County,Pennsylvania. Administrator: Gregory Crosson,2005 Haddam Neck Court, Harrisburg, PA 17110.Attorney: Kenneth F. Lewis, Esq., 1101 NorthFront Street, Harrisburg, PA 17102. a27-m11

THIRD PUBLICATION

Estate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania for ITEQIntegrated Technologies, Inc. on April 26, 2007.The address of its principal office under the lawsof its jurisdiction is 8757 Georgia Avenue, Ste.500, Silver Spring, MD 20910. The address ofthis corporation’s proposed registered office isc/o National Registered Agents, Inc., in theCounty of Dauphin. The Corporation is filed incompliance with the requirements of the applica-ble provision of 15 Pa.C.S. 6124. m11

NOTICE IS HEREBY GIVEN of the filing ofArticles of Incorporation in the Department ofState of the Commonwealth of Pennsylvania. Thename of the Corporation is Jodi Diego, PC.The Corporation has been incorporated under theprovisions of the Pennsylvania BusinessCorporation Law of 1988, 15 Pa. C.S.A. Section1101, et seq., as amended and supplemented.

ROBERT C. SAIDIS, Esq.Saidis, Flower & Lindsay

26 West High Streetm11 Carlisle, PA 17013

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, Pennsylvania, for Creative Cateringby Trish Giordano, Inc. on May 3, 2007. Thesaid corporation has been incorporated under theprovisions of the Business Corporation Law of1988 of the Commonwealth of Pennsylvania.

McNEES WALLACE & NURICK LLC100 Pine Street

m11 Harrisburg, PA 17101

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Organization of Domestic LimitedLiability Company was filed on April 20, 2007,with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,Pennsylvania, for the purpose of obtaining aCertificate of Organization of a proposed domes-tic limited liability company to be organizedunder the 1988 Pennsylvania BusinessCorporation Law of the Commonwealth ofPennsylvania. The name of the company is TNTFood Enterprises, LLC. The registered office isat 403 E. Main Street, Hummelstown, DauphinCounty, Pennsylvania 17036-1861. The purposeof the company is: to operate a restaurant busi-ness and all other lawful business in theCommonwealth of Pennsylvania and elsewherefor which corporations may be incorporatedunder the Pennsylvania Business CorporationLaw.

STEVE C. NICHOLAS, Esq.Nicholas Law Offices, P.C.

2215 Forest Hills Drive, Suite 37Harrisburg, PA 17112-1099

m11 (717) 540-7746

NOTICE IS HEREBY GIVEN thatChemCore, Inc. with a current registered officeprovider in care of National Registered Agents,Inc. in Dauphin County does hereby give noticeof its intention to withdraw from doing businessin this Commonwealth as per 15 Pa. C.S.4129(b). The address of its principal office underthe laws of its jurisdiction is One South MainStreet, Suite 1600, Dayton, OH 45402. This shallserve as official notice to creditors and taxingauthorities.

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NOTICE IS HEREBY GIVEN that FARMRESOURCE CENTER, INC., an IllinoisCorporation intends to file an Application forTermination of Authority and the registeredoffice is located at c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that STATOILENERGY TRADING INC., a VirginiaCorporation intends to file an Application forTermination of Authority and the registeredoffice is located at c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for Hurst Flooring, Inc., a corporation,organized under the Pennsylvania BusinessCorporation Law of 1988.

GARY L. ROTHSCHILD, Esq.2215 Forest Hills Drive, Suite 35

Northwood Office Centerm11 Harrisburg, PA 17112

NOTICE IS HEREBY GIVEN that theArticles of Incorporation have been filed with theCommonwealth of Pennsylvania, Department ofState, at Harrisburg, Pennsylvania on March 12,2007 for the purpose of obtaining a Certificate ofIncorporation.The name of the corporation organized under thePennsylvania Business Corporation Law of 1988,Act of December 21, 1988, P.L. 1944, No. 177. asamended and supplemented, is COLLEEN ANDGERI’S PHOTO T’S PLUS, INC.

MICHAEL J. PYKOSH, Esq.2132 Market Street

m11 Camp Hill, PA 17011

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, Pennsylvania, for Giordano’sPastries, Inc. on May 3, 2007. The said corpora-tion has been incorporated under the provisionsof the Business Corporation Law of 1988 of theCommonwealth of Pennsylvania.

McNEES WALLACE & NURICK LLC100 Pine Street

m11 Harrisburg, PA 17101

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of State of the Commonwealth of Pennsylvania forEXEGENICS INC. on April 30, 2007. Theaddress of its principal office under the laws of itsjurisdiction is 2711 Centerville Road, Suite 400,Wilmington, DE 19809. The CommercialRegistered Agent is listed as CorpDirect Agents,Inc. Dauphin County. The Corporation is filed incompliance with the requirements of the applica-ble provision of 15 Pa. C.S. 4124(b). m11

NOTICE IS HEREBY GIVEN that GHAffiliated, Inc. with a current registered officeprovider in care of Capitol Corporate Services,Inc. in Dauphin County does hereby give noticeof its intention to withdraw from doing businessin this Commonwealth as per 15 Pa. C.S. 4129(b).The address of its principal office under the lawsof its jurisdiction is 10 Campus Blvd., NewtownSquare, PA 19073. This shall serve as officialnotice to creditors and taxing authorities. m11

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on April 30, 2007, by INTERNATIONAL INVESTA INC., a foreigncorporation formed under the laws of the State ofDelaware, where its principal office is located at1270 Avenue of the Americas, Suite 220, NewYork, NY 10020, for a Certificate of Authority todo business in Pennsylvania under the provisionsof the Pennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for ARTISTS FIRST INC., a corporation,organized under the Pennsylvania BusinessCorporation Law of 1988. m11

NOTICE IS HEREBY GIVEN that KAUFMANN’S DEPARTMENT STORES,INC., a Delaware Corporation intends to file anApplication for Termination of Authority and theregistered office is located at c/o CorporationService Company, Dauphin County,Pennsylvania. m11

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for PAUL SCHMIDT ENTERPRISES,INC., a corporation, organized under thePennsylvania Business Corporation Law of 1988.

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NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on April 27, 2007, by Medi-StimUSA, Inc., a foreign corporation formed underthe laws of the State of Delaware, where its prin-cipal office is located at 10200 73rd Ave. N.,Maple Grove, MN 55369, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o CT Corporation System,Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on April 26, 2007, by GAHAGAN & BRYANT ASSOCIATES,INC., a foreign corporation formed under thelaws of the State of Delaware, where its princi-pal office is located at 5803 Kennett Pike, SuiteD, Centreville Square, Wilmington, DE 19807,for a Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be

deemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on April 26, 2007, by BROWN& BROWN OF NORTHERN CALIFORNIA,INC., a foreign corporation formed under thelaws of the State of California, where its princi-pal office is located at 3 Hamilton Landing, Suite160, Novato, CA 94949, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on April 26, 2007, by PREMIER ALLIANCE GROUP, INC., a for-eign corporation formed under the laws of theState of Nevada, where its principal office islocated at 4521 Sharon Road, Suite 300,Charlotte, NC 28211, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania atHarrisburg, Pennsylvania for the purpose ofobtaining a Certificate of Incorporation pursuantto the provisions of the Business CorporationLaw of 1988, 15 Pa. C.S. Section 1101. The nameof the corporation is: Succor Inc. The purposefor which the corporation is organized is: To pro-vide support, information and resources for help-ing children with mental health problems. Theaction of our organization will extend to the chil-dren’s families. m11

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, PA, on April 25,2007, for the purpose of obtaining a charter of aNonprofit Corporation organized under theNonprofit Corporation Law of 1988 of theCommonwealth of Pennsylvania. The name ofthe corporation is: SAVING ANGELS, INC. The purpose or purposes for which it was organ-

ized are: Raise funds for the development andimplementation of a drug awareness program inour schools documenting the magnitude of theproblem and the far reaching affect on families,friends, and society. m11

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on May 1, 2007, by WELLSFARGO FINANCIAL INFORMATION SER-VICES, INC., a foreign corporation formedunder the laws of the State of Iowa, where itsprincipal office is located at 800 Walnut Street,Des Moines, IA 50309, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania shall bedeemed for venue and official publication pur-poses to be located c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. m11

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, at Harrisburg, PA, on April 27, 2007, byEMARKETER, INC, a foreign corporationformed under the laws of the State of Delaware,where its principal office is located at 2711Centerville Road, Suite 400, Wilmington, DE19808, for a Certificate of Authority to do busi-ness in Pennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Depart-ment of State for SOLUTIONS FINANCIALSERVICES, INC., a corporation, organizedunder the Pennsylvania Business CorporationLaw of 1988. m11

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for LYNX LABEL, INC., a corporation,organized under the Pennsylvania BusinessCorporation Law of 1988. m11

NOTICE IS HEREBY GIVEN that an applica-tion for registration of a fictitious name,Driveway Medic, for the conduct of business inDauphin County, Pennsylvania, with the princi-pal place of business being 3122 Green Street,Harrisburg, PA 17110, was made to theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg, Pennsylvania on the5th day of April, 2007 pursuant to the Act ofAssembly of December 16, 1982. Act 295.The name and address of the only person own-ing or interested in the said business is: Kevin R.Sipe, 3122 Green Street, Harrisburg, PA 17110.m11

NOTICE IS HEREBY GIVEN that pursuant tothe provisions of the Act of Assembly No. 1982-295 approved December 16, 1982, effectiveMarch 15, 1983, 54 Pa. C.S.A. 101, a Fictitious Name Registration, under the assumedor fictitious name, style, or designation of DA-MAR/PEIFER’S FIRE PROTECTION,with its principal place of business at P.O. Box37, State Route 225, Pillow, Dauphin County,Pennsylvania, was filed in the Office for theSecretary of the Commonwealth of Pennsylvania,at Harrisburg, Pennsylvania on April 23, 2007.The name and address of the entity owning orinterested in said business is: PEIFER’S FIREPROTECTION, INC., of P.O. Box 37, StateRoute 225, Pillow, Dauphin County,Pennsylvania.

JOSEPH C. MICHETTI, JR., Esq.Dluge & Michetti921 Market Street

m11 Trevorton, PA, 17881

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

IN THE MATTER OFPETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that a hearingwill be held in the matter of Petition for Changeof Name of Annette Wenck in the Court ofCommon Pleas of Dauphin County, Pennsylvaniaon June 14, 2007, at 8:45 a.m. in Courtroom No.4, Dauphin County Courthouse, Front andMarket Streets, Harrisburg, Pennsylvania. m11

FIRST PUBLICATION

Corporate Notices

FIRST PUBLICATION

Fictitious NoticesFIRST PUBLICATION

Miscellaneous Notices


PENNSYLVANIA

ORPHANS’ COURT DIVISION

No. 43-ADOPT-2007

IN THE MATTER OFFEMALE CHILD PEW

A MINOR

TO: Unknown Father, of FEMALE CHILD,PEW, born on 1/27/02 to Patricia Griffin in Dauphin County,Pennsylvania.

NOTICE IS HEREBY GIVEN that a petitionhas been filed asking the Court to put an end toall rights you have to your child PEW. The Courthas set a hearing to consider ending your rights toyour child. That hearing will be held in DauphinCounty Courthouse, Front and Market Streets,Harrisburg, Pennsylvania, in Courtroom #5,Third Floor, on May 31, 2007 at 1:30 P.M. Youare warned that even if you fail to appear at thescheduled hearing, the hearing will go on withoutyour being present. You have a right to be repre-sented at the hearing by a lawyer. You should takethis notice to your lawyer at once. lf you do nothave a lawyer, go to or telephone the office setforth below to find out where you can get legalhelp. You are also warned that if you fail to fileeither an acknowledgement or paternity pursuantto 23 Pa. C.S.A Section 5103 and fail to eitherappear at the hearing or object to the terminationof your rights or file a written objection to suchtermination with the Court prior to the hearing,your rights may also be terminated under Pa.C.S.A. Section 2503(d) or Section 2504(c) of theAdoption Act.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536m11


PENNSYLVANIA

CIVIL ACTION – LAW

No. 2006-CV-4834-CV

AMANDA RUNKLE, Plaintiffvs.RALPH CASTLE, Defendant

NOTICE

YOU ARE HEREBY NOTIFIED that a civilaction was brought against you in the Court ofCommon Pleas of Dauphin County,Pennsylvania, at Docket No. 2006-CV-4834-CVby Amanda Runkle, for personal injuries.

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

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

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



(717) 232-7536m11

FIRST PUBLICATION



PENNSYLVANIA


No. 2006-CV-5769-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

INDYMAC BANK, FSB, Plaintiffvs.KATIE A. NAUMAN a/k/a KATIE ANN NAUMAN and JASON A. WITMAN, Defendants

NOTICE

TO: KATIE A. NAUMAN a/k/a KATIE ANN NAUMAN andJASON A. WITMAN

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate located at406 SECOND STREET, HIGHSPIRE, PA 17034is scheduled to be sold at Sheriff’s Sale onThursday, JULY 12, 2007 at 10:00 A.M.,Dauphin County Administration Building, 4thFloor, Commissioners Hearing Room,Harrisburg, PA, to enforce the court judgment of$75,363.21, obtained by INDYMAC BANK,FSB (the mortgagee).

ALL THAT CERTAIN tract or parcel of landwith the buildings and improvements thereonerected, known as 406 Second Street, situate inthe Borough of Highspire Dauphin County,Pennsylvania, more particularly bounded anddescribed as follows, to wit:

BEGINNING at a point on the Westerly line ofSecond Street, which point is sixty (60) feetSouthwardly of the Southwesterly corner ofSecond and Ann Streets; thence North forty-three(43) degrees, fifteen (15) minutes East, one hun-dred twenty (120) feet to a point on the Easterlyline of Rhoda Alley; thence along same Southforty-six (46) degrees, forty-five (45) minutesEast, thirty (30) feet to a point; thence South

forty-three (43) degrees, fifteen (15) minutesWest, one hundred twenty (120) feet to a point onthe Westerly line of Second Street; thence alongsame, North forty-six (46) degrees, forty-five(45) minutes West, thirty (30) feet to a point, theplace of BEGINNING.

TITLE TO SAID PREMISES IS VESTED INJason A. Witman, a single man and Katie A.Nauman, a single woman, by Deed from GlennE. Signor, Jr. and Laura G. Signor, husband andwife, dated 09/16/2005, recorded 09/20/2005, inDeed Book 6192, page 337.

BEING PREMISES 406 SECOND STREET,HIGHSPIRE, PA 17034.

IMPROVEMENTS consist of residential property.

SOLD as the property of KATIE A. NAUMANa/k/a KATIE ANN NAUMAN & JASON A.WITMAN.

CONDITIONS OF SALE:THE HIGHEST AND BEST BIDDER

SHALL BE THE BUYER.

TERMS: The purchaser will be required to paythe full amount of his bid by TWO O’CLOCKp.m. on the day of the sale, and if complied with,a deed will be tendered by the Sheriff at the nextCourt of Common Pleas for Dauphin County,conveying to the purchase all the right, title,interest and claim which said defendant has inand to said property at the time of levying thesame. ALTHOUGH NOT PART OF THE MINI-MUM BID, PROPERTY SOLD FOR MINI-MUM BID DOES NOT DISCHARGE DELIN-QUENT AND/OR OUTSTANDING TAXESAND THE PURCHASER WILL BE RESPON-SIBLE FOR SAME. If above conditions be notcomplied with on the part of the Purchaser, theproperty will again be offered for sale by theSheriff at THREE O’CLOCK p.m. on the sameday. The said purchaser will be held liable for thedeficiencies and additional cost of said sale.

TAKE NOTICE that a Schedule ofDistribution will be filed by the Sheriff onAUGUST 13, 2007, distribution will be made inaccordance with the schedule unless exceptionsare filed within ten (10) days thereto.

DANIEL G. SCHMIEG, Esq.Suite 1400, One Penn Center

1617 John F. Kennedy BoulevardPhiladelphia, PA 19103-1814

m11 (215) 563-7000

FIRST PUBLICATION



PENNSYLVANIA


No. 2006-CV-5697-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

COUNTRYWIDE HOME LOANS, INC.f/k/a AMERICA’S WHOLESALE LENDER,Plaintiffvs.ESME STUBBS, Defendant

NOTICE

TO: ESME STUBBS

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate located of2206 LOGAN STREET, HARRISBURG, PA17110 is scheduled to be sold at Sheriff’s Sale onThursday, JULY 12, 2007 at 10:00 A.M.,Dauphin County Administration Building, 4thFloor, Commissioners Hearing Room,Harrisburg, PA, to enforce the court judgment of$50,462.40, obtained by COUNTRYWIDEHOME LOANS, INC. F/K/A AMERICA’SWHOLESALE LENDER (the mortgagee).

ALL THAT CERTAIN piece or parcel of landsituate in the Tenth Ward of the City ofHarrisburg, Dauphin County, Pennsylvania, moreparticularly bounded and described as follows, towit:

BEGINNING at a point on the West side ofLogan Street, 153.00 feet and 9 inches, more orless, North of the Northwest corner of Woodbineand Logan Streets, in the middle of the brick par-tition wall separating the premises hereindescribed from House No. 2204 Logan Street;thence extending Westwardly parallel withWoodbine Street, through the middle of said par-tition wall, a distance of 70.00 feet to a 15.00 footwide alley; thence Northwardly along the Easternside of said alley and parallel with Logan Street,a distance of 13 feet and 9 inches, more or less, to

a point; thence Eastwardly parallel withWoodbine Street and through the middle of thebrick partition wall separating the premises here-in described from House No. 2208 Logan Street,70.00 feet to a point on the West side of LoganStreet; thence Southwardly along the Westernside of Logan Street, a distance of 13.00 feet 9inches to the place of BEGINNING.

BEING the same premises which The JamesFoutres Revocable Trust dated September 13,1995, by Marie Foutres and William JamesFoutres, Successor Co-Trustees, by deed datedMarch 22, 2000 and recorded January 8, 2001 inDauphin County in Deed Book Volume 3849 atPage 50, granted and conveyed unto Kristine L.Polkinghorn.

BEING the same premises which became vest-ed in the mortgagor herein by Deed of Kristine L.Polkinghorn, by Deed dated 11/21/2003 andrecorded contemporaneous herewith in the Officeof the Recorder of Deeds in and for DauphinCounty.

VESTED by special Warranty Deed, dated11/21/2003, given by Kristine L. Polkinghorn toEsme Stubbs, individually and recorded11/28/2003 in Book 5279 Page 063.

BEING PREMISES 2206 LOGAN STREET,HARRISBURG, PA 17110.

IMPROVEMENTS consist of residential property.

SOLD as the property of ESME STUBBS.

CONDITIONS OF SALE:THE HIGHEST AND BEST BIDDER

SHALL BE THE BUYER.

TERMS: The purchaser will be required to paythe full amount of his bid by TWO O’CLOCKp.m. on the day of the sale, and if complied with,a deed will be tendered by the Sheriff at the nextCourt of Common Pleas for Dauphin County,conveying to the purchase all the right, title,interest and claim which said defendant has inand to said property at the time of levying thesame. ALTHOUGH NOT PART OF THE MINI-MUM BID, PROPERTY SOLD FOR MINI-MUM BID DOES NOT DISCHARGE DELIN-QUENT AND/OR OUTSTANDING TAXESAND THE PURCHASER WILL BE RESPON-SIBLE FOR SAME. If above conditions be notcomplied with on the part of the Purchaser, theproperty will again be offered for sale by theSheriff at THREE O’CLOCK p.m. on the sameday. The said purchaser will be held liable for thedeficiencies and additional cost of said sale.

FIRST PUBLICATION


TAKE NOTICE that a Schedule ofDistribution will be filed by the Sheriff onAUGUST 13, 2007, distribution will be made inaccordance with the schedule unless exceptionsare filed within ten (10) days thereto.

DANIEL G. SCHMIEG, Esq.Suite 1400, One Penn Center

1617 John F. Kennedy BoulevardPhiladelphia, PA 19103-1814

m11 (215) 563-7000


PENNSYLVANIA

LEGAL NOTICEORPHANS’ COURT DIVISION

No. 6393-2009

IN THE MATTER OFMINOR CHILD

MALE, TLD

NOTICE OF HEARING TO TERMINATE PARENTAL RIGHTS

TO: UNKNOWN FATHER of MALE CHILD, TLD, born July 8, 2005; in Chester County,Pennsylvania to Matena Dew, mother

NOTICE IS HEREBY GIVEN that a Petitionhas been filed asking the Court to put an end toall rights you have to your child. The Court hasset a hearing to consider ending your rights toyour child. That hearing will be held at theDauphin County Courthouse, Front and MarketStreets, Harrisburg, Pennsylvania, in Courtroom5, Third Floor, on June 12, 2007 at 9:15 A.M. Youare warned that even if you fail to appear at thescheduled hearing, the hearing will go on withoutyou and your rights to your child may be endedby the Court without you being present. You havea right to be represented at the hearing by alawyer. You should take this notice to yourlawyer at once. If you do not have a lawyer, go toor telephone the office set forth below to find outwhere you can get legal help. You are alsowarned that if you fail to file either an acknowl-edgement or paternity pursuant to 23 Pa. C.S.A.

Section 5103 and fail to either appear at the hear-ing to object to the termination of your rights orfile a written objection to such termination withthe Court prior to the hearing, your rights mayalso be terminated under Pa. C.S.A. Section2503(d) or Section 2504(c) of the Adoption Act.



(717) 232-7536m11


PENNSYLVANIA


No. 739 CV 2007

CIVIL ACTION - EJECTMENT

FEDERAL NATIONALMORTGAGE ASSOCIATION 1900 MARKET STREET, SUITE 800 PHILADELPHIA, PA 19103, Plaintiffvs.CRAIG A. FRANKLIN OR OCCUPANTS500 NORTH HARRISBURG STREETHARRISBURG, PA 17113, Defendant

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thefollowing notice, you must take action withintwenty (20) days after this complaint and noticeare served, by entering a written appearance per-sonally or by attorney and filing in writing withthe court your defenses or objections to theclaims set forth against you. You are warned thatif you fail to do so the case may proceed withoutyou and a judgment may be entered against youby the court without further notice for any moneyclaimed in the complaint or for any other claim orrelief requested by the plaintiff. You may losemoney or property or other rights important toyou.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TO

FIRST PUBLICATION


PROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONSAT A REDUCED FEE OR NO FEE.



(717) 232-7536

ADVISO

Le han demandado a usted en la corte. Si ustedquiere defenderse de estas demandas expuestasen las paginas siguientes, usted tiene veinte (20)dias de plazo al partir de la fecha de la demanday la notificacion. Hace falta a sentar una com-parencia escrita o en persona o con un abogado yentregar a la corte en forma escrita sus defensas osus objeciones a las demandas en contra de supersona. Sea a visado que si usted no se defiende,la corte toma ra medidas y puede continuar lademanda en contra suya sin previo aviso o notifi-cacion. Ademas, la corte puede decidir a favor deldemandante y requiere que usted cumpla contodas las provisiones de esta demanda. Ustedpuede perder dinero o sus propiedades o otros derechos importantes para usted.

LLEVE ESTA DEMANDAA UN ABOGADOINMEDIATAMENTE. SI NO TIENE ABOGA-DO VAYA EN PERSONA O TELEFONA A LAOFICINA ESCRITA ABAJO. ESTA OFICINALE PUEDE PROVEER INFORMACIONSOBRE COMO CONTRATAR A UN ABOGA-DO. SI USTED NO TIENE EL DINERO SUFI-CIENTE PARA CONTRATAR A UN ABOGA-DO, LE PODEMOS DAR INFORMACIONSOBRE AGENCIAS QUE PROVEEN SERVI-CIO LEGAL A PERSONAS ELEGIBLE PARASERVICIOS A COSTO REDUCIDO O GRATU-ITO.

MARTHA E. VON ROSENSTIEL, Esq.649 South Avenue, Unit 7

Secane, PA 19018m11 (610) 328-2887


PENNSYLVANIA


CIVIL ACTION - EJECTMENT

FEDERAL NATIONALMORTGAGE ASSOCIATION 1900 MARKET STREET, SUITE 800 PHILADELPHIA, PA 19103, Plaintiffvs.VIVIAN V. MOORE OR OCCUPANTS 229 LOCUST STREETSTEELTON, PA 17113, Defendant

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thefollowing notice, you must take action withintwenty (20) days after this complaint and noticeare served, by entering a written appearance per-sonally or by attorney and filing in writing withthe court your defenses or objections to theclaims set forth against you. You are warned thatif you fail to do so the case may proceed withoutyou and a judgment may be entered against youby the court without further notice for any moneyclaimed in the complaint or for any other claim orrelief requested by the plaintiff. You may losemoney or property or other rights important toyou.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELEGIBLE PERSONSAT A REDUCED FEE OR NO FEE.



(717) 232-7536

FIRST PUBLICATION


ADVISO

Le han demandado a usted en la corte. Si ustedquiere defenderse de estas demandas expuestasen las paginas siguientes, usted tiene veinte (20)dias de plazo al partir de la fecha de la demanday la notificacion. Hace falta a sentar una com-parencia escrita o en persona o con un abogado yentregar a la corte en forma escrita sus defensas osus objeciones a las demandas en contra de supersona. Sea a visado que si usted no se defiende,la corte toma ra medidas y puede continuar lademanda en contra suya sin previo, aviso o noti-ficacion. Ademas, la corte puede decidir a favordel demandante y requiere que usted cumpla contodas las provisiones de esta demanda. Ustedpuede perder dinero o sus propiedades o otros derechos importantes para usted.

LLEVE ESTA DEMANDAA UN ABOGADOINMEDIATAMENTE. SI NO TIENE ABOGA-DO VAYA EN PERSONA O TELEFONA A LAOFICINA ESCRITA ABAJO. ESTA OFICINALE PUEDE PROVEER INFORMACIONSOBRE COMO CONTRATAR A UN ABOGA-DO. SI USTED NO TIENE EL DINERO SUFI-CIENTE PARA CONTRATAR A UN ABOGA-DO, LE PODEMOS DAR INFORMACIONSOBRE AGENCIAS QUE PROVEEN SERVI-CIO LEGAL A PERSONAS ELEGIBLE PARASERVICIOS A COSTO REDUCIDO O GRATU-ITO.

MARTHA E. VON ROSENSTIEL, Esq.649 South Avenue, Unit 7

Secane, PA 19018m11 (610) 328-2887

SHERIFF SALE!

By virtue of certain writs of Execution issuedout of the Court of Common Pleas and Orphans’Court of Dauphin County, Pa., and to me directed, I will expose at Public Sale or Outcry, atthe Dauphin County Courthouse in the City ofHarrisburg, Dauphin County, Pa., on Thursday,May 31, 2007 at 10:00 A.M. the following realestate to wit:

No. 91 CONTINUEDPINA S. WERTZBERGER, Esq.Judgment Amount: 19,983.70

ALL THAT CERTAIN lot or piece of groundsituate in the 15th Ward of the City of Harrisburg,County of Dauphin, Commonwealth ofPennsylvania, bounded and described as follows,to wit:

BEGINNING on Briggs Street at the Westernline of Lot No. 137 on the plan of lots laid out byDavid Mumma for Caroline R. Haldeman inSusquehanna Township; thence eastwardly alongBriggs Street, 20 feet to a point at the line of LotNo. 139; thence along said line southwardly 110feet to a 16 feet wide alley; thence eastwardlyalong said alley 20 feet to The line of Lot No. 137aforesaid; thence northwardly along said line,110 feet to the place of BEGINNING.

BEING lot No. 138 on the plan of lots afore-said and having thereon erected a two and one-half story brick dwelling house.

PROPERTY ADDRESS: 1931 Briggs Street,Harrisburg, PA 17103.

SEIZED AND SOLD as the property of TraceyFinley, Known Surviving Heir of Leola Steele,Deceased Mortgagor and Real Owner, VictorSteele, Known Surviving Heir of Leola Steele,Deceased Mortgagor and Real Owner,Alexandria Sizer, Known Surviving Heir ofLeola Steele, Deceased Mortgagor and RealOwner, Alexander Steele, Jr., Known SurvivingHeir of Leola Steele, Deceased Mortgagor andReal Owner, and Unknown heirs, successors,assigns, and all persons, firms, or associationsclaiming right, title or interest from or underLeola Steele, Deceased Mortgagor and RealOwner under Judgment Number 2005 CV 581.

FIRST PUBLICATION


SECOND PUBLICATION


BEING DESIGNATED AS TAX PARCEL No.15-009-019.

NOTICE is further given to all parties in interest and claimants. Schedule of proposed distributions will be filed by the Sheriff ofDauphin County, on Monday, July 2, 2007 anddistributions will be made in accordance with thesaid schedule unless exceptions are filed theretowithin ten (10) days thereafter.

CONDITIONS OF SALE

The Highest and Best BidderShall Be The Buyer

TERMS - The purchaser will be required topay the full amount of his bid by TWOO’CLOCK P.M. on the day of sale, and if com-plied with, a deed will be tendered by the Sheriffat the next Court of Common Pleas for DauphinCounty, conveying to the purchaser all the right,title, interest and claim which the said defendanthas in and to the said property at the time of levy-ing the same. ALTHOUGH NOT PART OF THEMINIMUM BID, PROPERTY SOLD FOR THEMINIMUM BID DOES NOT DISCHARGEDELINQUENT AND/OR OUTSTANDINGTAXES AND THE PURCHASER WILL BERESPONSIBLE FOR SAME. If the above condi-tions be not complied with on the part of thePurchaser, the property will again be offered forsale by the Sheriff at THREE O’CLOCK P.M., onthe same day. The said purchaser will be heldliable for the deficiencies and additional cost ofsaid sale.

J. R. LOTWICKSheriff of Dauphin County

May 1, 2007 m4-m18

SECOND PUBLICATION


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Vol. 123 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

Acumix, Inc. v. Bulk Conveyor Specialists, Inc. . . . . . . . . . . . . . . 333

AFSCME District Council 90, Local 521 v.

City of Harrisburg, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310

BARC Properties, et al., Foley v. . . . . . . . . . . . . . . . . . . . . . . . . . 344

Blockson, Yoder v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

Bordner, Lawrence v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Board of Control of the Harrisburg School District,

et al. v. Wilson, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

Board of School Directors of the Harrisburg School

District, et al., Control Board of the Harrisburg

School District, et al. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Bulk Conveyor Specialists, Inc., Acumix, Inc. v. . . . . . . . . . . . . . 333

Chapman-Rollé v. Rollé . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

CitiFinancial Services, Inc. v. Loper . . . . . . . . . . . . . . . . . . . . . . . . 261

City of Harrisburg, et al.,

AFSCME District Council 90, Local 521 v. . . . . . . . . . . . . . . 310

Columbia Casualty Company v.

Coregis Insurance Company, City of Harrisburg . . . . . . . . . . . 1

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

Commonwealth v. Floyd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339

Commonwealth v. McClucas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

Commonwealth v. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155

Commonwealth v. Stevenson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Connelly, et al., Rohrer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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

Board of School Directors of the Harrisburg School

District, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Coregis Insurance Company, City of Harrisburg,

Columbia Casualty Company v. . . . . . . . . . . . . . . . . . . . . . . . 1

Des-Ogugua v. For Sale By Owner Real Estate, Inc., et al. . . . . . . 14

Duke v. Hershey Medical Center . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

Eastern Atlantic Insurance Company v.

Swiss Reinsurance America Corporation . . . . . . . . . . . . . . . . . 161

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

Erie Insurance Group v. Turner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298

Floyd, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339

Foley v. BARC Properties, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . 344

For Sale By Owner Real Estate, Inc., et al., Des-Ogugua v. . . . . . . 14

Fromm v. Hershey Medical Center, et al. . . . . . . . . . . . . . . . . . . . . 35

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

Hawn, et al., Snyder v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

Hershey Medical Center, Duke v. . . . . . . . . . . . . . . . . . . . . . . . . . . 175

Hershey Medical Center, et al., Fromm v. . . . . . . . . . . . . . . . . . . . 35

Hughes v. Hughes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

Hughes, Hughes v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

In re: Taylor A.S., Minor Child . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329

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

Lawrence v. Bordner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Letteer v. Michalak . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Loper, CitiFinancial Services, Inc. v. . . . . . . . . . . . . . . . . . . . . . . . 261

McAfee v. Pinnacle Health Systems . . . . . . . . . . . . . . . . . . . . . . . . 324

McClucas, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

II DAUPHIN COUNTY REPORTS Vol. 123

Cumulative Table of Cases

Michalak, Letteer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Middletown Area School District,

Susquehanna Area Regional Airport Authority v. . . . . . . . . . 85

Miller, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155

Morder v. Professional Aerials, Inc. . . . . . . . . . . . . . . . . . . . . . . . . 50

PennDOT, Santiago v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286

Pennsylvania Financial Responsibility

Assigned Claims Plan, Prowell v. . . . . . . . . . . . . . . . . . . . . . . 245

Peterson v. State Farm Fire & Casualty Company, et al. . . . . . . . . 128

Peterson v. State Farm Fire & Casualty Company, et al. . . . . . . . . 208

Pinnacle Health Systems, McAfee v. . . . . . . . . . . . . . . . . . . . . . . . 324

Professional Aerials, Inc., Morder v. . . . . . . . . . . . . . . . . . . . . . . . 50

Prowell v. Pennsylvania Financial Responsibility

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

Ramer v. Ramer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Ramer, Ramer v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Rohrer v. Connelly, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Rollé, Chapman-Rollé v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

Santiago v. PennDOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286

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

Snyder v. Hawn, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

State Farm Fire & Casualty Company, et al., Peterson v. . . . . . . . 128

State Farm Fire & Casualty Company, et al., Peterson v. . . . . . . . 208

Stevenson, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Susquehanna Area Regional Airport Authority v.

Middletown Area School District . . . . . . . . . . . . . . . . . . . . . . 85

Swiss Reinsurance America Corporation,

Eastern Atlantic Insurance Company v. . . . . . . . . . . . . . . . . . 161

Vol. 123 DAUPHIN COUNTY REPORTS III


Turner, Erie Insurance Group v. . . . . . . . . . . . . . . . . . . . . . . . . . . . 298

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

Wilson, et al., Board of Control of the Harrisburg

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

Yoder v. Blockson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

Yodfat v. Yodfat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300

Yodfat, Yodfat v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300

IV DAUPHIN COUNTY REPORTS Vol. 123


BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

Thomas E. Brenner Craig A. LongyearPresident President-Elect

Renee Mattei Myers John D. SheridanVice President Treasurer

James P. DeAngelo Thomas P. GackiSecretary Past President

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

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

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

Darren J. HolstDirectors

The Board of Directors of the Bar Association meets on the third Thursday ofthe month at the Bar Association headquarters. Anyone wishing to attend or havematters brought before the Board should contact the Bar Association office inadvance.

REPORTING OF ERRORS IN ADVANCE SHEETThe Bench and Bar will contribute to the accuracy in matters of detail of the

permanent edition of the Dauphin County Reporter by sending to the editorpromptly, notice of all errors appearing in this advance sheet. Inasmuch as cor-rections are made on a continuous basis, there can be no assurance that correc-tions can be made later than thirty (30) days from the date of this issue but thisshould not discourage the submission of notice of errors after thirty (30) dayssince they will be handled in some way if at all possible. Please send such noticeof errors to: Dauphin County Reporter, Dauphin County Bar Association, 213North Front Street, Harrisburg, PA 17101-1493.

DAUPHIN COUNTY COURT SECTIONMotion Judge of the Month

MAY 2007 Judge Joseph H. KLEINFELTERJUNE 2007 Judge Todd A. HOOVER

Opinions Not Yet ReportedApril 11, 2007 – Clark, J., Opel, et al. v. Hourigan, Kluger, Spohrer & Quinn, P.C.

(No. 4400 S 1996)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

WEST STANDARD PA PRACTICE 2d – Fully updated and brand new neverout of boxes. Plus 2,000 FORMS ON CD ROM. [email protected](717) 350-1058. a20-m11

PRIME OFFICE SPACE AVAILABLE on Front Street in Harrisburg. Twofirst floor offices with parking and a separate entrance in the rear of the building.Conference rooms and reception area are also available with these offices. If you areinterested, please contact Brian Perry — Nealon Gover and Perry at 232-9900 or648-3107. a27-m18

LEGAL ASSISTANT – Immediate need for a Legal Assistant for busyHarrisburg law office. Must be self motivated, organized, and personable. Excellentsalary, benefits and parking. Send resume to: 1323 N. Front Street, Attn: OfficeManager, Harrisburg, PA 17102. a27-m11

PARALEGAL – General practice firm in Hershey seeking qualified,experienced paralegal. Experience in corporate formation and operations, and civillitigation required. Very busy office. Salary based upon experience, health carebenefits, retirement plan, vacation. Submit resume, cover letter to Office Manager,840 East Chocolate Avenue, Hershey, PA 17033. a27-a11

ATTORNEY – General practice firm in Hershey needs associate. Practiceincludes zoning, business, contract drafting and negotiation, estates, corporate law,family law and civil litigation. You must have good skills and be able to operateindependently. Very busy office. Salary based on experience, health care benefits,retirement plan, vacation. Submit resume, cover letter to Office Manager, 840 EastChocolate Avenue, Hershey, PA 17033. a27-a11

PARALEGAL – Camp Hill law firm seeking experienced paralegal withserious litigation and/or family law experience. Excellent compensation and benefitspackage including medical and retirement. Send resume and salary requirements toMaria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA17011 or email to: [email protected]. a27-m11

ASSOCIATE – Howett, Kissinger, Conley & Holst, P.C. seeks a bright, self-motivated associate with a few years experience in the family law field to workdirectly with the senior partner, John C. Howett, Jr., on reasonably sophisticated, andsometimes cutting edge, family law matters and to handle cases on their own as well.Competitive pay and benefits. Send resume to: Deb Shimp, P.O. Box 810,Harrisburg, PA, 17108 or fax to (717) 234-5402. m11-m25

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

PARALEGAL – Howett, Kissinger, Conley & Holst, P.C. seeks a bright, self-motivated paralegal with a few years experience in the family law field to workdirectly with the partners on sophisticated family law matters. Competitive pay andbenefits. Send resume to: Deb Shimp, P.O. Box 810, Harrisburg, PA, 17108 or fax to(717) 234-5402. m11-m25

CONSIDERAN ALTERNATE ROUTE:

Dauphin County Bar AssociationCivil Dispute Resolution Program

T R I A L A H E A D ?

Call (717) 232-7536 for details

the dauphin county reporter - dauphin county bar association · 5/11/2007 · the dauphin county...

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