the dauphin county reporter - dcba-pa.org

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5623, Vol. 123 September 14, 2007 No. 76

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

Commonwealth v. Miller 433Bar Association Page Inside Back Cover

Pages 433-439

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 MORGANExecutive Director

JOYCE TAMBOLASAdministrative Assistant

BRIDGETTE L. HILBISHOffice Assistant___________

Printed byKURZENKNABE PRESS

1424 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.

TERMSAdvertisements must be received before 12 o’clocknoon on Tuesday of each week at the office of theDauphin County Reporter, 213 North Front Street,Harrisburg, PA 17101.

Telephone (717) 232-7536

Estate Notices

DECEDENTS ESTATES

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

FIRST PUBLICATION

ESTATE OF PAUL J. KELLER, late of LowerPaxton Township, Dauphin County, Pennsyl-vania. Co-Executors: Wayne P. Keller and BettyF. Murray. Attorney: Marcus A. McKnight, III,Esq., Irwin & McKnight, 60 West Pomfret Street,Carlisle, PA 17013. s14-s28

ESTATE OF HENRY R. RIDER, late of LowerPaxton Township, Dauphin County, Pennsyl-vania. Administrator: Ronald D. Butler, 500North Third Street, P.O. Box 1004, Harrisburg,PA 17108. Attorneys: Butler Law Firm, 500North Third Street, P.O. Box 1004, Harrisburg,PA 17108. s14-s28

ESTATE OF MARION L. BRAXTON, late ofLower Paxton Township, Dauphin County,Pennsylvania (died August 17, 2007). Co-Executrices: Alice M. Welborn and Jacqueline S.Broughton. Attorney: Steven P. Miner, Esq.,Daley Zucker Meilton Miner & Gingrich, LLC,1035 Mumma Road, Suite 101, Wormleysburg,PA 17043. s14-s28

ESTATE OF JANET L. HARM, late of LowerPaxton Township, Dauphin County, Pennsyl-vania (died July 31, 2007). Executor: Paul F.Harm, Jr. Attorneys: Hazen Elder Law, 2000Linglestown Road, Suite 202, Harrisburg, PA17110. s14-s28

ESTATE OF T. OWEN POTTS, late of theCity of Harrisburg and of Lower PaxtonTownship, Dauphin County, Pennsylvania (diedAugust 19, 2007). Co-Executors: Thomas O.Potts, 4018 Concord Street, Harrisburg, PA17109 and Patricia A. Jackson, CTFA, Vice-President & Senior Estate Settlement Consultant,Wachovia Bank, N.A., 100 N. Queen Street,PA6907, P.O. Box 3959, Lancaster, PA 17604.Attorney: Ann E. Rhoads, Esq., Cleckner andFearen, 119 Locust Street, P.O. Box 11847,Harrisburg, PA 17108-1847. s14-s28

ESTATE OF LUCILLE P. REILLY, late ofLower Paxton Township, Dauphin County,Pennsylvania (died November 20, 2004). Co-Executors: Robert Reilly, Richard Reilly andWilliam Reilly. Attorney: Stephanie Kleinfelter,Esq., Keefer Wood Allen & Rahal, LLP, 635 N.12th Street, Suite 400, Lemoyne, PA 17043.

s14-s28

433 (2007)] DAUPHIN COUNTY REPORTS 433

Commonwealth v. Miller

782 A.2d 1090, 1095 (Pa. Commw. 2001) (quoting LaFrankie v.Miklich, 152 Pa. Cmwlth. 163, 618 A.2d 1145, 1149 (1992)). We agreewith the Commonwealth Defendants that, although Dr. Kadish is consid-ered a medical provider for the Commonwealth, she was acting withinthe scope of her employment regarding Plaintiff’s allegations. We findthat Plaintiff has failed to sufficiently plead that Dr. Kadish’s actionswere negligent. Plaintiff contends that Dr. Kadish made notes on hismental state, which led the Board of Probation and Parole to imposeunreasonable parole conditions and ultimately deny him parole. Dr.Kadish was only doing her job by reporting on Plaintiff’s medical con-dition to the Board. Further, Plaintiff fails to make a complete allegationof negligence regarding Dr. Kadish in the Amended Complaint as heonly asserts that Dr. Kadish’s actions were a “proximate cause” of theconstitutional violations and makes no mention of the other elements ofnegligence: duty, breach and harm. Therefore, Dr. Kadish is entitled tosovereign immunity along with the other Commonwealth Defendants.

Accordingly, the Commonwealth Defendants’ preliminary objectionis GRANTED for failure to state claim upon which relief can be grant-ed under Pennsylvania law because all of the CommonwealthDefendants are entitled to sovereign immunity.

IV. CONCLUSIONFor all of the foregoing reasons, we enter the following:

ORDERAND NOW, this 21st day of August, 2007, this Court GRANTS the

Preliminary Objections of the Commonwealth Defendants for Plaintiff’sfailure to state a claim under federal and Pennsylvania law. Plaintiff’sAmended Complaint against the Commonwealth Defendants is herebyDISMISSED.

_______o_______


Crimes and Criminal Procedure — Sentencing — Death Penalty — MentalRetardation — Significant Adaptive Limitations — Cruel and Unusual Punishment.

Upon remand from the Pennsylvania Supreme Court for further proceedings, the Court found that the petitioner had proven by a preponderance of the evidence that he was mentally retarded and thusineligible for the death penalty.

434 DAUPHIN COUNTY REPORTS [123 Dauph.


1. A court may determine whether a person is mentally retarded, pursuant to Atkins v.Virginia, 536 U.S. 304 (2002), under the definitions as set forth by either the AmericanAssociation for Mental Retardation (AAMR) or by the American Psychiatric Associationas set forth in its Diagnostic and Statistical Manual of Mental Disorders (DSM). Both def-initions of mental retardation incorporate three concepts: (1) limited intellectual function-ing; (2) significant adaptive limitations; and (3) age of onset. Commonwealth v. Miller, 888A.2d 624 at 630 (Pa. 2005).

2. Significant limitations in adaptive behavior under the AAMR occur where the personexhibits significant limitations in conceptual skills, social skills, or practical skills. Underthe DSM-IV-TR, mental retardation exists when there are significant limitations in adap-tive functioning in at least two of the following ten skill areas: communication, self-care,home living, social/interpersonal skills, use of community resources, self-direction, func-tional academic skills, work, leisure, and health and safety.

PCRA and Habeas Corpus. C.P., Dau. Co., Nos. 2775, 2775-A, 2787and 2787-A.

Edward M. Marsico, Jr. and Francis T. Chardo III, for theCommonwealth

Billy H. Nolas and Matthew C. Lawry, for Defendant

TURGEON, J., August 24, 2007. – Before this court, upon remand fromthe Pennsylvania Supreme Court, is the question of whether death-sen-tenced petitioner Joseph Miller is mentally retarded and thus (in)eligiblefor the death penalty under Atkins v. Virginia, 536 U.S. 304 (2002).Commonwealth v. Miller, 888 A.2d 624 (Pa. 2005). The United StatesSupreme Court held in Atkins that the execution of persons who sufferfrom mental retardation constitutes cruel and unusual punishment in vio-lation of the Eighth Amendment.1 Following hearings on July 30, July31 and August 17, 2007, I find that upon the evidentiary record present-ed, petitioner has proved, by a preponderance of the evidence, that he ismentally retarded and thus ineligible for the death penalty.

DEFINITION OF MENTAL RETARDATIONUnder the Pennsylvania Supreme Court’s decision in Commonwealth

v. Miller, supra, a court may determine whether a person is mentallyretarded, pursuant to Atkins, under the definitions as set forth by either

1. Petitioner initially raised the Atkins issue August 19, 2002, wherein he sought PCRAand habeas corpus relief. After the Commonwealth answered, both parties filed extensivedocumentary evidence following which I issued an order finding petitioner mentallyretarded, vacating petitioner’s death sentences and imposing consecutive life sentences.Commonwealth v. Miller, 121 Dauph. Co. Rptr. 487, 64 Pa. D. & C.4th 46 (2003). Onappeal, the supreme court vacated the order, holding that this court abused its discretionby failing to hold an evidentiary hearing on the mental retardation issue and remanded forfurther proceedings. Commonwealth v. Miller, 888 A.2d 624 (Pa. 2005).



the American Association for Mental Retardation (AAMR) or by theAmerican Psychiatric Association as set forth in its Diagnostic andStatistical Manual of Mental Disorders (DSM). Id., 888 A.2d at 631. Thecurrent AAMR states that:

Mental retardation is a disability characterized by signif-icant limitations in both intellectual functioning and inadaptive behavior as expressed in conceptual, social, andadaptive skills. This disability originates before age 18.

AAMR, Mental Retardation: Definition, Classification, and Systems ofSupports, p. 8 (10th ed. 2002).

Under the current DSM (DSM-IV-TR), mental retardation isdescribed as follows:

A. Significantly subaverage intellectual functioning: anIQ of approximately 70 or below on an individuallyadministered IQ test. ...

B. Concurrent deficits or impairments in present adaptivefunctioning (i.e., the person’s effectiveness in meetingthe standards expected for his or her age by his or her cul-tural group) in at least two of the following areas: com-munication, self-care, home living, social/interpersonalskills, use of community resources, self-direction, func-tional academic skills, work, leisure, health, and safety.

C. The onset is before age 18 years.

American Psychiatric Association, Diagnostic and Statistical Manual ofMental Disorders (4th ed. 2000, text revision) p. 46 (DSM-IV-TR).

“[B]oth definitions of mental retardation incorporate three concepts:(1) limited intellectual functioning; (2) significant adaptive limitations;and (3) age of onset.” Commonwealth v. Miller at 630 (Pa. 2005).

The Commonwealth stipulated that petitioner suffers limited intellec-tual functioning inasmuch as he was tested with an IQ of 58 inDecember 2006 on a test administered by Commonwealth expert psy-chologist Dr. Steven Samuel. In addition, the Commonwealth does notdispute the age of onset was prior to petitioner’s eighteenth birthday.(N.T. July 30 and 3l, 2007 at 42) Thus, the only issue is whether peti-tioner has significant limitations in adaptive behavior/functioning undereither the AAMR or DSM-IV-TR.



SIGNIFICANT LIMITATIONS IN ADAPTIVEBEHAVIOR/FUNCTIONING - DESCRIBED

The Pennsylvania Supreme Court has elaborated on the adaptivebehavior/functioning prong, as follows:

Adaptive behavior is the collection of conceptual, social,and practical skills that have been learned by people inorder to function in their everyday lives, and limitationson adaptive behavior are reflected by difficulties adjust-ing to ordinary demands made in daily life. The AAMRrecommends that such limitations should be establishedthrough the use of standardized measures. “On thesestandardized measures, significant limitations in adaptivebehavior are operationally defined as performance that isat least two standard deviations below the mean of either(a) one of the following three types of adaptive behavior:conceptual, social, or practical, or (b) an overall score ona standardized measure of conceptual, social and practi-cal skills.” Again, the AAMR recommends that theSEM’s [standard error of measurement] should be takeninto consideration in determining whether an individual’sbehavior meets the definition of a significant limitation.

Commonwealth v. Miller, 888 A.2d at 630-31 (citations and footnoteomitted).

Under the AAMR, adaptive behavior skills are divided into the fol-lowing three categories:

1. Conceptual skills, that is, skills involving language, read-ing and writing, money concepts and self-direction;

2. Social skills, that is, interpersonal skills, self-esteem,gullibility, ability to follow rules and obey laws; and

3. Practical skills, that is, skills involving daily living activi-ties, job skills and ability to maintain a safe environment.

AAMR (2002) at 82. Significant limitations in adaptive behavior underthe AAMR occur where the person exhibits significant limitations in oneof these three categories. Under the DSM-lV-TR, mental retardationexists when there are significant limitations in adaptive functioning in atleast two of the following ten skill areas: communication, self-care,home living, social/interpersonal skills, use of community resources,self-direction, functional academic skills, work, leisure, and health andsafety.



EXISTENCE OF SIGNIFICANT LIMITATIONS IN ADAPTIVE BEHAVIOR/FUNCTIONING:

FROM PETITIONER’S CHILDHOOD THROUGH 1992 INCARCERATION

The evidence was unequivocal that petitioner exhibited significantlimitations in adaptive behavior/functioning throughout his childhoodand adolescence such that he was mentally retarded through his adolescence. Both of the Commonwealth’s experts, psychologist Dr.Samuel and psychiatrist Dr. Timothy Michaels, conceded as such.(N.T. July 30 and 31, 2007 at 361-62, 484, 502-03) The credible evi-dence further revealed that petitioner exhibited significant limitationsin adaptive behavior/functioning beyond age eighteen through the timeof his incarceration in this case (August 1992), such that he remainedmentally retarded during that time period, under both the AAMR andDSM-IV-TR. Notably, Dr. Samuel, testifying for the Commonwealth,conceded that petitioner had been mentally retarded up to the time ofhis incarceration for the crimes in this case, wherein he exhibited sig-nificant limitations in adaptive functioning throughout that time peri-od, in addition to his limited intellectual functioning and onset prior toage 18. (N.T. July 30 and 31, 2007 at 426) Additionally, all three ofpetitioner’s expert witnesses at the Atkins hearings, including forensicpsychologists Drs. Daniel Martell and Jethro Toomer and psychiatrist Dr. John O’Brien II, opined that petitioner exhibited significant limitations in adaptive behavior/functioning under both theAAMR and the DSM-IV-TR definitions as of the time of his child-hood, adolescence, at the time of the murders, trial and sentencing, aswell as presently.2

EXISTENCE OF SIGNIFICANT LIMITATIONS IN ADAPTIVE BEHAVIOR/FUNCTIONING:

PRESENTLY IN A PRISON SETTINGThe Commonwealth maintained, through its two experts, that at some

point after petitioner entered adulthood, his condition improved suchthat he is presently showing no significant impairment in his adaptivebehavior/functioning within a prison setting, and thus is no longer men-tally retarded. (N.T. July 30 and 31, 2007 at 425, 455, 469-71, 504) Tothe extent that petitioner must prove he is presently mentally retarded,

2. This testimony is consistent with evidence presented at petitioner’s 1993 sentencingtrial and 1997 PCRA hearing, wherein five separate experts characterized petitioner aseither mildly or borderline mentally retarded, including two witnesses for theCommonwealth, as summarized in Commonwealth v. Miller, 121 Dauph. Co. Rptr. 487, 64Pa. D. & C. 4th 46 (2003).



the credible evidence established beyond a preponderance of the evi-dence that petitioner currently exhibits significant limitations in adap-tive behavior / functioning and is thus presently mentally retarded.

Most significantly, if not dispositive, petitioner was administered atest that is specifically designed to identify limitations in adaptivebehavior under the AAMR. The standardized test, the SIB-R (Scales ofIndependent Behavior – Revised), administered in 2007 by petitioner’sexpert psychologist Dr. Toomer, established that petitioner presently has“very limited to negligible” adaptive functioning. Petitioner exhibitedsignificant deficits in four out of four broad areas assessed (motor skills,social interaction and communication skills, personal living skills andcommunity living skills) as well as fourteen out of sixteen specific areasassessed – all consistent with the diagnosis of mental retardation underthe AAMR. (N.T. July 30 and 31, 2007 at 193-97) As noted, the AAMRstates that “significant limitations in adaptive behavior should be estab-lished through the use of standardized measures normed on the generalpopulation including people with disabilities and people without disabil-ities.” AAMR (2002) at 91. The SIB-R is a recognized standardizedinstrument for assessment of adaptive behavior that is normed on thegeneral population, as acknowledged by Commonwealth expert Dr.Samuel. (N.T. July 30 and 31, 2007 at 394-95, 402, 433) Neither of theCommonwealth’s experts performed any standardized adaptive behav-ior/functioning testing of petitioner and thus, there were no contradicto-ry test results presented.3

Notwithstanding the SIB-R results, an abundance of additional credi-ble evidence was presented at the Atkins hearing that would independ-ently prove petitioner is currently exhibiting significant limitations inadaptive behavior/functioning. Petitioner’s expert Dr. Toomer testifiedthat petitioner exhibits, within the current prison setting, significant lim-itations in all three broad functional skill categories under the AAMR(conceptual, social and practical skills). (N.T. July 30 and 31, 2007 at182-86) Only one significant limitation of the three listed are requiredfor a finding of significant limitations in adaptive behavior. Another ofpetitioner’s expert forensic psychologists, Dr. Martell, found that peti-tioner currently exhibits limitations in four of ten skill areas listed under

3. A finding of significant limitations in adaptive behavior resulting from a standardizedtest, such as the one performed in this case, would by itself meet the requirement of prov-ing significant limitations in adaptive behavior to prove mental retardation under the mostrecent definitions of mental retardation proposed by the Pennsylvania House and Senate,for application in Atkins cases. HB 1370 (2007) (referred to Judiciary Comm. June 5,2007) and SB 751 (2007) (referred to Judiciary Comm. April 9, 2007).



the DSM-IV-TR. (N.T. July 30 and 31, 2007 at 72) As noted, only twolimitations out of ten are required for a finding of significant limitationsin adaptive functioning. Finally, petitioner’s third expert, Dr. O’Brien,identified significant limitations in seven of ten skill areas under theDSM-IV-TR and all three functional skill categories listed under theAAMR. (N.T. Aug. 17, 2007 at 13-14, 32-41)

The evidence presented showed not that petitioner’s ability to adap-tively behave/function improved while he was in prison, but at most, anabsence of opportunity for him to exhibit adaptive functioning in arestrictive prison setting given the highly regimented environment, par-ticularly that of death row. The only standardized testing conducted inthis case to measure adaptive behavior/functioning confirmed that peti-tioner retains such limitations to this day and has not reversed his well-documented history as a mentally retarded person.

Therefore, I issue the following:

ORDERAND NOW, this 24th day of August, 2007, upon remand from the

Pennsylvania Supreme Court, I conclude that based upon the evidencepresented at hearings on July 30, July 31 and August 17, 2007, held pur-suant to the remand in Commonwealth v. Miller, 585 Pa. 144, 888 A.2d624 (2005), Petitioner Joseph Daniel Miller has established beyond apreponderance of the evidence that he is presently mentally retarded andhas been, at all relevant times in the past, mentally retarded under Atkinsv. Virginia, 536 U.S. 304 (2002). Petitioner’s death sentences are herebyvacated and consecutive sentences of life imprisonment are imposed.

_______o_______

ESTATE OF HAVEN N. LAUDENSLAGER,late of the Township of Upper Paxton, DauphinCounty, Pennsylvania (died August 6, 2007). Co-Executors: Tony H. Laudenslager, 190 AlanthiaLane, Etters, PA 17319 and Penny L. Klinger,228 Forest Oak Lane, Harrisburg, PA 17110.Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, 4245 Route 209, Elizabethville, PA17023. s14-s28

ESTATE OF ETHEL M. LEHMAN, late ofElizabethtown, Lancaster County, Pennsylvania.Executor: Gerald Lehman. Attorney: Randall K.Miller, Esq., 1255 South Market Street, Suite102, Elizabethtown, PA 17022. s14-s28

SECOND PUBLICATION

ESTATE OF JON W. SHERMAN, late ofLower Paxton Township, Dauphin County,Pennsylvania. Executrix: Patricia A. Brenneman,3555 N. 6th Street, Harrisburg, PA 17110.Attorney: Thomas D. Gould, Esq., 2 East MainStreet, Shiremanstown, PA 17011. s7-s21

ESTATE OF JAMES W. SHOOP, late ofJackson Township, Dauphin County, Pennsyl-vania. Co-Executors: Jean Marie Laudenslager,448A South River Road, Halifax, PA 17032;Lynn Edwin Shoop, 330 Shoop Road, Halifax,PA 17032 and Miriam R. Snyder, 4374 Route209, Elizabethville, PA 17032. Attorney: EarlRichard Etzweiler, Esq., 105 North Front Street,Harrisburg, PA 17101. Telephone (717) 234-5600. s7-s21

ESTATE OF WILMOT E. GIPE, late of LowerPaxton Township, Dauphin County, Penn-sylvania (died July 31, 2007). Co-Executors:Cathy A. Rodgers, 163 South Fairville Avenue,Harrisburg, PA 17112 and Barry E. Gipe, 7730Avondale Terrace, Harrisburg, PA 17112.Attorney: Steven Howell, Esq., Howell LawFirm, 619 Bridge Street, New Cumberland, PA17070. s7-s21

FIRST PUBLICATION

Estate Notices

ESTATE OF ROY A. HOLLINGER, late ofthe City of Harrisburg, Dauphin County,Pennsylvania (died August 11, 2007). Executor/Attorney: Peter J. Ressler, Esq., Mette, Evans &Woodside, 3401 North Front Street, Harrisburg,PA 17110. Telephone (717) 232-5000. s7-s21

ESTATE OF ANASTASIA F. GORMAN a/k/aANASTASIA FLORENCE WIGGINS GOR-MAN, late of Harrisburg, Dauphin County,Pennsylvania. Executor: Francis Cullen Gorman,19 Kensington Square, Mechanicsburg, PA17050. Attorney: Heather D. Royer, Esq., Smigel,Anderson & Sacks, LLP, 4431 North FrontStreet, Harrisburg, PA 17110. s7-s21

ESTATE OF JOHN M. STAHL, late of LowerPaxton Township, Dauphin County, Pennsyl-vania. Co-Executrices: Joann M. Stahl, 5723Cricket Lane, Harrisburg, PA 17112 and KathleenH. Stahl-Cousins, 74 Bradley Road, Milford,Maine 04461. s7-s21

ESTATE OF DOUGLAS LYND TILLYER,late of Middletown, Dauphin County, Pennsyl-vania (died May 1, 2007). Administrator: PatriciaJ. Yost, 239 North Union Street, Middletown, PA17057. Attorney: Stanley J. A. Laskowski, Esq.,Caldwell & Kearns, P.C., 3631 North FrontStreet, Harrisburg, PA 17110. s7-s21

ESTATE OF MADELINE C. FRANKLIN,late of the City of Harrisburg, Dauphin County,Pennsylvania. Executor: Ronald L. Franklin, 100Delmont Avenue, Harrisburg, PA 17111.Attorney: James H. Rowland, Jr., Esq., 812 N.17th Street, P.O. Box 1424, Harrisburg, PA17105-1424. s7-s21

ESTATE OF DOROTHY I. KOPPENHAVER,late of Upper Paxton Township, Dauphin County,Pennsylvania. Executor: Dale E. Koppenhaver,1313 Shippen Dam Road, Millersburg, PA 17061.Attorney: Earl Richard Etzweiler, Esq., 105North Front Street, Harrisburg, PA 17101.Telephone (717) 234-5600. s7-s21

ESTATE OF AUDREY M. BESHORE, late ofLower Paxton Township, Dauphin County,Pennsylvania (died August 17, 2007). Executrix:Barbara A. Nye, 7141 Sterling Road, Harrisburg,PA 17112. Attorney: John DeLorenzo, Esq., YorkLegal Group, LLC, 3511 North Front Street,Harrisburg, PA 17110. Telephone (717) 236-9675. s7-s21

ESTATE OF PEARL E. FOLTZ, late of theCity of Harrisburg, Dauphin County,Pennsylvania. Co-Executors: Donald G. Foltz,2457 Rudy Road, Harrisburg, PA 17104 andKaren G. Vogelsong, 6169 Haymarket Way,Mechanicsburg, PA 17050. Attorney: Charles J.DeHart, III, Esq., Caldwell & Kearns, 13 EastMain Street, Hummelstown, PA 17036. s7-s21

THIRD PUBLICATION

ESTATE OF MARY H. OCH, late of MiddlePaxton Township, Dauphin County, Pennsylvania(died September 23, 2006). Executrix: JacquelynR. Ryan. Attorney: Steven P. Miner, Esq., DaleyZucker Meilton Miner & Gingrich, LLC, 1035Mumma Road, Suite 101, Wormleysburg, PA17043. a31-s14

ESTATE OF MARY ALICE FILIMEK, late ofLower Paxton Township, Dauphin County,Pennsylvania (died August 2, 2007). Executrix:Catherine H. Voithofer. Attorney: David C.Miller, Jr., Esq., 1100 Spring Garden Drive, SuiteA, Middletown, PA 17057. Telephone (717) 939-9806. a31-s14

ESTATE OF WANDA A. DAVIS, late ofSwatara Township, Dauphin County, Penn-sylvania. Executor: Charles Oakley, Sr., 1082Acri Drive, Harrisburg, PA 17111. Attorney:Heather D. Royer, Esq., Smigel, Anderson &Sacks, LLP, 4431 North Front Street, Harrisburg,PA 17110. a31-s14

SECOND PUBLICATION

Estate Notices

ESTATE OF BETTY J. KAUFFMAN, late ofthe City of Harrisburg, Dauphin County,Pennsylvania (died May 8, 2007). Executor/Attorney: Steve C. Nicholas, Esq., Nicholas LawOffices, PC, 2215 Forest Hills Drive, Suite 37,Harrisburg, PA 17112-1099. a31-s14

ESTATE OF SAM DENOVICH, late of LowerPaxton Township, Dauphin County,Pennsylvania. Administratrix: Patricia Denovich,221 Maplewood Drive, Johnstown, PA 15904.Attorney: Jay R. Braderman, Esq., 126 LocustStreet, P.O. Box 11489, Harrisburg, PA 17108-1489. a31-s14

ESTATE OF GRACE M. RENNO, late ofSwatara Township, Dauphin County, Pennsyl-vania. Executor: Philip R. Renno, 530 BriarcliffAvenue, Utica, NY 13502. Attorney: Joseph A.Curcillo, III, Esq., Beinhaur & Curcillo, 3964Lexington Street, Harrisburg, PA 17109. a31-s14

ESTATE OF MARGARET M. JARMAN, lateof Derry Township, Dauphin County, Pennsyl-vania (died July 31, 2007). Executor: Michael G.Jarman. Attorney: Elizabeth P. Mullaugh, Esq.,McNees Wallace & Nurick LLP, 100 Pine Street,P.O. Box 1166, Harrisburg, PA 17108-1166.Telephone (717) 237-5243. a31-s14

ESTATE OF ELIZABETH KOSTELEC, lateof Swatara Township, Dauphin County, Pennsyl-vania. Executor: John R. Zonarich, 17 SouthSecond Street, Harrisburg, PA 17101. Attorney:Bridget M. Whitley, Esq., Skarlatos & ZonarichLLP, 17 South 2nd Street, 6th Floor, Harrisburg,PA 17101. a31-s14

ESTATE OF ANNA E. BENKOVIC, late ofSteelton Borough, Dauphin County, Pennsyl-vania. Executrix: Mary M. Benkovic, 434 SouthSecond Street, Steelton, PA 17113. Attorney:Bridget M. Whitley, Esq., Skarlatos & ZonarichLLP, 17 South 2nd Street, 6th Floor, Harrisburg,PA 17101. a31-s14

NOTICE IS HEREBY GIVEN that STERLING TELECOM INC., a foreign busi-ness corporation incorporated under the laws ofthe State of New York, where its principal officeis located at 242 Beverly Road, HuntingtonStation, NY 11746, has applied for a Certificateof Authority in Pennsylvania, where its registeredoffice is located at Nat’l Reg Agents, 600 N. 2ndStreet, Suite 500, Harrisburg, PA 17101.The registered office of the corporation

shall be deemed for venue and official publica-tion purposes to be located in Dauphin County,Pennsylvania. s14

NOTICE IS HEREBY GIVEN thatInterstates Engineering, Inc., a foreign businesscorporation incorporated under the laws of theState of Pennsylvania, where its principal officeis located at: 538 12th Street, NE, Sioux Center,IA 51250, has applied for a Certificate ofAuthority in Pennsylvania, where its registeredoffice is located at: 2704 Commerce Drive,Harrisburg, PA 17110.The registered office of the corporation

shall be deemed for venue and official publica-tion purposes to be located in Dauphin County,Pennsylvania. s14

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority hasbeen filed with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about August 29, 2007, for a foreign corporation with a registered address inthe state of Pennsylvania as follows: GANTT’SEXCAVATING & CONTRACTING, INC.,c/o Esquire Assist, Ltd.This corporation is incorporated under the lawsof the State of West Virginia. The principal office:2754 Tabler Station Road, Martinsburg, WV25401. The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

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FIRST PUBLICATION

Corporate 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 JamesC. Jenkins Insurance Service Inc. on August 1,2007. The address of its principal office under thelaws of the jurisdiction in which it is incorporat-ed is in the State of California. The registeredoffice for this business is: Nauman, Smith,Shissler & Hall, LLP, Dauphin County, PA. Thecorporation is filed in compliance with therequirements of the applicable provision of 15Pa.C.S. 4124. s14

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority hasbeen filed with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about August 23, 2007, for a foreign corporation with a registered address in the state of Pennsylvania as follows: NET-COM SERVICES, INC., c/o NationalRegistered Agents Inc.This corporation is incorporated under the laws

of the State of California. The principal office:26007 Huntington Lane, Suite 9, Valencia, CA91355. The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

s14

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority has beenfiled with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about August 23, 2007, for a foreigncorporation with a registered address in the stateof Pennsylvania as follows: HEARTLANDINSULATION, INC., c/o IncorporatingServices, Ltd.This corporation is incorporated under the lawsof the State of Delaware. The principal office:979 Batesville Road, Greer, South Carolina29651. The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

s14

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority has beenfiled with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,PA on or about August 21, 2007, for a foreign corporation with a registered address inthe state of Pennsylvania as follows: SERVICEEXCELLENCE, INC., c/o Esquire Assist, Ltd.This corporation is incorporated under the lawsof the State of Michigan. The principal office:42245 E. Ann Arbor Road, Suite 103, Plymouth,MI 48170. The corporation has been qualified inPennsylvania under the provisions of theBusiness Corporation Law of 1988 as amended.

s14

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed in the Department ofState of the Commonwealth of Pennsylvania forDEGENNARO ENTERPRISES CORP. onAugust 2, 2007 under the provisions of thePennsylvania Business Corporation Law of 1988,as amended. s14

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a foreign businesscorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania forAthens Benefits Insurance Services, Inc. onJuly 27, 2007. The address of its principal officeunder the laws of the jurisdiction in which it isincorporated is in the State of California. The reg-istered office for this business is: Nauman, Smith,Shissler & Hall, LLP, Dauphin County, PA. Thecorporation is file in compliance with the require-ments of the applicable provision of 15 Pa.C.S.4124. s14

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for JFC ELECTRIC, INC., a corporation,organized under the Pennsylvania BusinessCorporation Law of 1988. s14

NOTICE IS HEREBY GIVEN that NonprofitArticles of Incorporation were filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, Pennsylvania, onAugust 28, 2007, for the purpose of obtaining aCertificate of Incorporation under the provisionsof the Nonprofit Corporation Law of 1988. Thename of the proposed nonprofit corporation isCapital Area Coalition on Homelessness.The purpose for which it will be organized is:To educate and mobilize the residents of theCapital Region with regard to the problem ofhomelessness and for charitable and educationalpurposes within the meaning of Section501(c)(3) of the Internal Revenue Code of 1986,as amended.

McNEES WALLACE & NURICK LLC100 Pine Street

s14 Harrisburg, PA 17101

NOTICE IS HEREBY GIVEN that aCertificate of Organization has been filed andapproved by the Pennsylvania Department ofState at Harrisburg, Pennsylvania, on August 20,2007 for the purpose of organizing a domesticlimited liability company pursuant to the LimitedLiability Law of 1994, 15 Pa. C.S.A. § 8901 etseq. The name of the Limited Liability Companyis: MIGLINO ASSOCIATES LLC.The purpose for which it is being organized is toengage in any business permitted by law, with afocus on providing marketing, advertising andmanagement consulting services.

JAMES M. ROBINSON, Esq.Turo Law Officers

28 South Pitt Streets14 Carlisle, PA 17013

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed in the Department ofState on August 22, 2007, for Paxton Church ofthe Brethren, incorporated under Article B of theNonprofit Corporation Law of 1988. The purposeof the corporation is to be a Christian ministryengaged in prayer, intercession and Christianmissions, and nurturing the Christian faiththrough praise and worship. s14

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Johnson& Brinkle Home Improvements, Inc., filed itsArticles of Incorporation with the Department ofState of the Commonwealth of Pennsylvania,Harrisburg, Pennsylvania, on or about August 15,2007, for the purpose of obtaining a Certificate ofIncorporation which was organized under theBusiness Corporation Law of the Commonwealthof Pennsylvania, approved May 5, 1933, P.L.364, as amended.Its registered office is located at: 411

Springbrook Drive, Palmyra, PA 17078, LebanonCounty, Pennsylvania.The purpose or purposes for which it was organ-ized are to have unlimited power to engage in andto do any lawful act concerning any and all law-ful business for which a corporation may beincorporated under the Business CorporationLaw of the Commonwealth of Pennsylvaniaapproved May 5, 1933, P.L. 364, as amended.

s14

NOTICE IS HEREBY GIVEN that Articles ofAmendment were filed with the Department ofState of the Commonwealth of Pennsylvania onMarch 13, 2007, for the purpose of amending theaddress of Millersburg Area AmbulanceAssociation, Inc. organized under the NonprofitCorporation Law of 1972. The name and addressof the corporation is: Millersburg AreaAmbulance Association, Inc., 331 Union Street,P.O. Box 72, Millersburg, PA 17061.

EARL RICHARD ETZWEILER, Esq.105 N. Front Street

s14 Harrisburg, PA 17101

NOTICE IS HEREBY GIVEN that J.A. LEEELECTRONIC, INC. Qualified to do businesson August 14, 2007 in the Commonwealth ofPennsylvania under the Provisions ofPennsylvania Business Corporation Law 15Pa.C.S. s14

NOTICE IS HEREBY GIVEN that ORIONINTERIORS, INC., has filed an Application forCertification of Authority on August 14, 2007 inthe Commonwealth of Pennsylvania under theProvisions of Pennsylvania Business CorporationLaw 15 Pa.C.S. s14

NOTICE IS HEREBY GIVEN that HarborAdvertising, Inc., a foreign business corporationincorporated under the laws of the State ofFlorida, where its principal office is located at:1180 Ridge Drive, Palm Harbor, Florida 34683,has applied for a Certificate of Authority inPennsylvania, where its registered office is locat-ed at CT Corporation System, 1515 MarketStreet, Suite 1210, Philadelphia, PA 19102. Theregistered office of the corporation shall bedeemed for venue and official publication pur-poses to be located in Dauphin County,Pennsylvania. s14

NOTICE IS HEREBY GIVEN thatNORSTAR MORTGAGE CORPORATION,A New York Corporation intends to file anApplication for Termination of Authority and theregistered office is located at c/o Corpora-tion Service Company, Dauphin County,Pennsylvania. s14

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 20, 2007, by TEXASSCENIC COMPANY INC, a foreign corpora-tion formed under the laws of the State of Texas,where its principal office is located at 5423Jackwood, San Antonio, TX 78238, for aCertificate 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 at c/o CT CorporationSystem, Dauphin County. s14

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 14, 2007, by WAREHEIM AIR BRAKES, INC., a foreigncorporation formed under the laws of the State ofDelaware, where its principal office is located atCorporation Trust Center, 1209 Orange Street,Wilmington, DE 19801, 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 at c/o CT CorporationSystem, Dauphin County. s14

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 24, 2007, byCYBERWIZE.COM, INC., a foreign corpora-tion formed under the laws of the State ofFlorida, where its principal office is located at2829 Cattlemen Road, Sarasota, FL 34232, for aCertificate 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. s14

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with and approvedby the Department of State of the Commonwealthof Pennsylvania at Harrisburg, PA, on August 31,2007, for the purpose of obtaining a Certificate ofIncorporation pursuant to the provisions of theProfessional Corporation Act of theCommonwealth of Pennsylvania.The name of the corporation is: HAMER CHI-

ROPRACTIC CENTER, P.C. s14

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on August 14, 2007, by COMBINED GROUP INSURANCE SERVICES, INC., a foreign corporationformed under the laws of the State of Florida,where its principal office is located at Suite 124,2304 Tarpley Road, Carrollton, FL 75006, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsyl-vania, at Harrisburg, PA, on August 24, 2007, byCHANNEL BIO CORP., a foreign corporationformed under the laws of the State of Indiana,where its principal office is located at 612 E.Dunlap Street, Kentland, IN 47951, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 30, 2007, by GCCCOCO, INC., a foreign corporation formedunder the laws of the State of Delaware, whereits principal office is located at 1521Westbranch Drive, Suite 200, McLean, VA22102, 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 anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 31, 2007, by TRIUMFANT, INC., a foreign corporationformed under the laws of the State of Delaware,where its principal office is located at 79 TWAlexander Drive, 4401 Research Commons, Ste.205, P.O. Box 12798, Research Triangle Park, NC27709, for a Certificate of Authority to do businessin Pennsylvania under the provisions of thePennsylvania Business Corporation 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. s14

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 31, 2007, by ARMEDFORCED COMMUNICATIONS, INC., a for-eign corporation formed under the laws of theState of New York, where its principal office islocated at 151 W. 26th Street, 11th Fl., New York,NY 10001, for a Certificate of Authority to dobusiness in Pennsylvania under the provisions ofthe 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. s14

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 29, 2007, bySEDERON INC, a foreign corporation formedunder the laws of the State of Delaware, where itsprincipal office is located at 24 W 4th Ave.,Collegeville, PA 19426, 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. s14

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of State of the Commonwealth of Pennsyl-vania, at Harrisburg, PA, on August 28, 2007, byPERRIGO NEW YORK, INC., a foreign cor-poration formed under the laws of the State ofDelaware, where its principal office is located at1625 Bathgate Avenue, Bronx, NY 10457, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsyl-vania, at Harrisburg, PA, on August 28, 2007, byPERRIGO SALES CORPORATION, a for-eign corporation formed under the laws of theState of Michigan, where its principal office islocated at 515 Eastern Avenue, Allegan, MI49010, 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 anApplication was made to the Department ofState of the Commonwealth of Pennsyl-vania, at Harrisburg, PA, on August 30, 2007, bySIMPSON STRONGTIE COMPANY INC., aforeign corporation formed under the laws ofthe State of California, where its principal officeis located at 5956 W. Las Positas Boulevard,Pleasanton, CA 94588, 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 anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 30, 2007, by HATSOFF TO LARRY PRODUCTIONS, INC., aforeign corporation formed under the laws of theState of California, where its principal office islocated at 8439 Sunset Boulevard, 4th Floor,West Hollywood, CA 90069, 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. s14

NOTICE IS HEREBY GIVEN that an applica-tion for registration of a fictitious name, Suds forthe Soul, for the conduct of business in DauphinCounty, Pennsylvania, with the principal place ofbusiness being: 3511 N. Third Street, Harrisburg,PA 17110, was made to the Department of Stateof the Commonwealth of Pennsylvania atHarrisburg, Pennsylvania, on the 17th day ofAugust, 2007, pursuant to the Fictitious NamesAct of 1988. The name and address of the onlyperson owning or interested in the said businessis: Jennifer Braddock, 3511 N. Third Street,Harrisburg, PA 17110.

BUTLER LAW FIRM500 North Third Street

P.O. Box 1004s14 Harrisburg, PA 17108-1004

NOTICE IS HEREBY GIVEN that anApplication for Registration of a fictitious nameunder the Fictitious Names Act, 54 Pa.C.S. § 311et seq., was filed with the Secretary of theCommonwealth to conduct business under theassumed name of Cycling Solutions, with itsprincipal place of business is: 9030 Bridge Road,Hummelstown, PA 17036. The name and addressof the person with interest in said business is:John Thompson, 1721 Trindle Road, Carlisle, PA17015. s14

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

ORPHANS’ COURT DIVISION

NOTICE OF HEARINGTO TERMINATE PARENTAL RIGHT

OCTOBER 5, 2007

9:00 A.M. UNKNOWN FATHER, fatherand MICHELLE YURKANIN,mother. In re: Female Child,YLY born 1/11/06 in Dauphin County / Docket No.54-ADOPT-2007

11:00 A.M. KEVIN WARREN andUNKNOWN FATHER, fatherand LATOYA McCLAIN, mother. In re: Male Child, KKW born 10/19/02 in Dauphin County / Docket No.59-ADOPT-2007

LEGAL NOTICE

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 in DauphinCounty Courthouse, Front and Market Streets,Harrisburg, Pennsylvania, in Courtroom 5, ThirdFloor, on October 5, 2007 at the time specifiedabove. You are warned that even if you fail toappear at the scheduled hearing, the hearing willgo on without you and your rights to your child

FIRST PUBLICATION

Corporate Notices

FIRST PUBLICATION

Fictitious Notices

FIRST PUBLICATION

Miscellaneous Notices

may be ended by the Court without your beingpresent. You have a right to be representcd at thehearing by a lawyer. You should take this noticeto your lawyer at once. If you do not have alawyer, go to or telephone the office set forthbelow to find out where you can get legal help.You are also warned that if you fail to file eitheran acknowledgement or paternity pursuant to 23Pa.C.S.A. Section 5103 and fail to either appearat the hearing to object to the termination of yourrights or file a written objection to such termina-tion with the Court prior to the hearing, yourrights may also be terminated under Pa.C.S.A.Section 2503(d) or Section 2504(c) of theAdoption Act.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536s14


PENNSYLVANIA

CIVIL ACTION – LAW

No. 2007-CV-5982-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

BANK OF NEW YORK AS TRUSTEE FORTHE CERTIFICATE HOLDERS, CWABS,INC. ASSET-BACKED CERTIFICATES,SERIES 2005-17, Plaintiffvs.MICHAEL SMITH, Mortgagor and Real Owner, Defendant

TO: MICHAEL SMITH, MORTGAGORAND REAL OWNER, DEFENDANT,last known address is 8574 Paxton StreetHummelstown, PA 17036

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 thatPlaintiff, BANK OF NEW YORK AS TRUSTEEFOR THE CERTIFICATE HOLDERS CWABS,INC. ASSET-BACKED CERTIFICATES,SERIES 2005-17, has filed a MortgageForeclosure Complaint endorsed with a notice todefend against you in the Court of Common Pleasof Dauphin County, Pennsylvania, docketed toNo. 2007-CV-5982-MF, wherein Plaintiff seeksto foreclose on the mortgage secured on yourproperty located, 8574 Paxton Street,Hummelstown, PA 17036, whereupon your prop-erty will be sold by the Sheriff of DauphinCounty.

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 the 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 anymoney claim in the Complaint or for any otherclaim or relief requested by the Plaintiff. Youmay lose money or property or other rightsimportant to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW. THIS OFFICE CANPROVIDE YOU WITH INFORMATIONABOUT 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.

FIRST PUBLICATION




(717) 232-7536

CENTRAL PENNSYLVANIALEGAL SERVICES

213-A North Front StreetHarrisburg, PA 17101

(717) 232-0581

JOSEPH A. GOLDBECK, JR., Esq.Goldbeck McCafferty & McKeever, P.C.Suite 5000, Mellon Independence Center

701 Market StreetPhiladelphia, PA 19106-1532

s14 (215) 825-6411


PENNSYLVANIA


No. 2007-CV-4577-MF

M&T BANK S/B/M WITH DAUPHINDEPOSIT BANK & TRUST COMPANY, 1 Fountain PlazaBuffalo, NY 14203, Plaintiffvs.LESTER R. RAINEY, Mortgagorand Record Owner, 1246 Rolleston StreetHarrisburg, PA 17104, Defendant





NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TO: LESTER R. RAINEY1246 Rolleston StreetHarrisburg, PA 17104

YOU ARE HEREBY NOTIFIED that yourhouse at 1246 Rolleston Street, Harrisburg, PA17104 is scheduled to be sold at Sheriff’s Sale onThursday, October 11, 2007, at 10:00 A.M., inDauphin County Administration Building,Commissioners Hearing Room, Second andMarket Streets, Harrisburg, PA 17101 to enforcethe court judgment of $39,635.03 obtained byM&T BANK S/B/M WITH DAUPHINDEPOSIT BANK & TRUST COMPANY againstyou.

NOTICE OF OWNER’S RIGHTSYOU MAY BE ABLE

TO PREVENT THIS SHERIFF’S SALE

To prevent this Sheriff’s Sale you must takeimmediate action:

1. The sale will be cancelled if you pay toM&T BANK S/B/M WITH DAUPHINDEPOSIT BANK & TRUST COMPANY,the back payments, late charges, costs andreasonable attorney’s fees due. To find outhow much you must pay call our office at215-825-6329 or 1-866-413-2311.

2. You may be able to stop the sale by filinga petition asking the Court to strike oropen judgment, if the judgment wasimproperly entered. You may also ask theCourt to postpone the sale for good cause.

3. You may also be able to stop the salethrough other legal proceedings.

You may need an attorney to assert your rights.The sooner you contact one, the more chance youwill have of stopping the sale. (See notice belowon how to obtain an attorney).

YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY

AND YOU HAVE OTHER RIGHTSEVEN IF THE SHERIFF’S SALE

DOES NOT TAKE PLACE.

1. If the Sheriff’s Sale is not stopped, yourproperty will be sold to the highest bidder.You may find out the price bid price bycalling the Sheriff of Dauphin County at717-255-2660.

2. You may be able to petition the Court toset aside the sale if the bid price wasgrossly inadequate compared to the valueof your property.

3. The sale will go through only if the buyerpays the Sheriff the full amount due in thesale. To find out if this has happened, youmay call the Sheriff of Dauphin County at717-255-2660.

FIRST PUBLICATION


4. If the amount due from the Buyer is notpaid to the Sheriff, you will remain theowner of the property as if the sale neverhappened.

5. You have a right to remain in the propertyuntil the full amount due is paid to theSheriff and the Sheriff gives a deed to thebuyer. At that time, the buyer may bringlegal proceedings to evict you.

6. You may be entitled to a share of themoney which was paid for your house. Aschedule of distribution of the money bidfor your house will be filed by the Sheriffwithin thirty (30) days from the date of theSheriff’s Sale. This schedule will statewho will be receiving that money. Themoney will be paid out in accordance withthis schedule unless exceptions (reasonswhy the proposed distribution is wrong)are filed with the Sheriff within ten (10)days after the schedule of distribution isfiled.

7. You may also have other rights anddefenses, or ways of getting your houseback, if you act immediately after the sale.

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



(717) 232-0581



(717) 232-7536


701 Market StreetPhiladelphia, PA 19106

s14 (215) 825-6318


PENNSYLVANIA


No. 2006 CV 2259 MF

NATIONAL CITY MORTGAGE COMPANY F/K/A NATIONALCITY BANK OF PAP.O. Box 1820Dayton, OH 45401-1820, Plaintiffvs.PATRICIA JARDINE, Mortgagorand Record Owner22 Runyon RoadHummelstown, PA 17036, Defendant






TO: JARDINE, PATRICIA22 Runyon RoadHummelstown, PA 17036

YOU ARE HEREBY NOTIFIED that yourhouse at 22 Runyon Road, Hummelstown, PA17036 is scheduled to be sold at Sheriff’s Sale onThursday, October 11, 2007, at 10:00 A.M., inDauphin County Administration Building,Commissioners Hearing Room, Second andMarket Streets, Harrisburg, PA 17101 to enforcethe court judgment of $131,732.92 obtained byNATIONAL CITY MORTGAGE COMPANYF/K/A NATIONAL CITY BANK OF PA againstyou.

NOTICE OF OWNER’S RIGHTSYOU MAY BE ABLE

TO PREVENT THIS SHERIFF’S SALE


1. The sale will be cancelled if you pay toNATIONAL CITY MORTGAGE COM-PANY F/K/A NATIONAL CITY BANKOF PA, the back payments, late charges,costs and reasonable attorneys fees due.To find out how much you must pay callour office at 215-825-6329 or 1-866-413-2311.

FIRST PUBLICATION


2. You may be able to stop the sale by filinga petition asking the Court to strike oropen judgment, if the judgment wasimproperly entered. You may also ask theCourt to postpone the sale for good cause.

3. You may also be able to stop the salethrough other legal proceedings.

You may need an attorney to assert your rights.The sooner you contact one, the more chance youwill have of stopping the sale. (See notice belowon how to obtain an attorney).


AND YOU HAVE OTHER RIGHTSEVEN IF THE SHERIFF’S SALE

DOES NOT TAKE PLACE.

1. If the Sheriff’s Sale is not stopped, yourproperty will be sold to the highest bidder.You may find out the price bid price bycalling the Sheriff of Dauphin County at717-255-2660.


3. The sale will go through only if the buyerpays the Sheriff the full amount due in thesale. To find out if this has happened, youmay call the Sheriff of Dauphin County at717-255-2660.

4. If the amount due from the Buyer is notpaid to the Sheriff, you will remain theowner of the property as if the sale neverhappened.

5. You have a right to remain in the propertyuntil the full amount due is paid to theSheriff and the Sheriff gives a deed to thebuyer. At that time, the buyer may bringlegal proceedings to evict you.

6. You may be entitled to a share of themoney which was paid for your house. Aschedule of distribution of the money bidfor your house will be filed by the Sheriffwithin thirty (30) days from the date of theSheriff’s Sale. This schedule will statewho will be receiving that money. Themoney will be paid out in accordance withthis schedule unless exceptions (reasonswhy the proposed distribution is wrong)

are filed with the Sheriff within ten (10)days after the schedule of distribution isfiled.

7. You may also have other rights anddefenses, or ways of getting your houseback, if you act immediately after the sale.

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



(717) 232-0581



(717) 232-7536


701 Market StreetPhiladelphia, PA 19106

s14 (215) 825-6318


PENNSYLVANIA


No. 2007-CV-4150-MF


WASHINGTON MUTUAL BANK f/k/aWASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TOHOMESIDE LENDING, INC., Plaintiffvs.KENNETH G. OAKLEY and TINA M. OAKLEY, Defendants


TO: KENNETH G. OAKLEY and TINA M. OAKLEY, DEFENDANTS195 Teaberry LaneTower City, PA 17980

FIRST PUBLICATION


YOU ARE HEREBY NOTIFIED that yourhouse (real estate) at: 195 Teaberry Lane, TowerCity, PA 17980, 55-0004-006; 55-004-096, isscheduled to be sold at Sheriff’s Sale on January10, 2008 at: Dauphin County AdministrationBuilding, 4th Floor, Commissioners HearingRoom, Market Square (former Mellon BankBuilding), Harrisburg, PA 17101, at 10:00 A.M.,to enforce the court judgment of $47,464.63obtained by Washington Mutual Bank f/k/aWashington Mutual Bank, FA successor in inter-est to HomeSide Lending, Inc. against you.

NOTICE OF OWNER’S RIGHTS

YOU MAY BE ABLE TO PREVENT

THIS SHERIFF’S SALE


1. The sale will be cancelled if you pay backto Washington Mutual Bank f/k/aWashington Mutual Bank, FA successor ininterest to HomeSide Lending, Inc. theamount of the judgment plus costs or theback payments, late charges, costs, andreasonable attorneys fees due. To find outhow much you must pay, you may call:(610) 278-6800.

2. You may be able to stop the sale by filinga petition asking the Court to strike oropen the judgment, if the judgment wasimproperly entered. You may also ask theCourt to postpone the sale for good cause.

3. You may be able to stop the sale throughother legal proceedings.You may need an attorney to assert yourrights. The sooner you contact one, themore chance you will have of stopping thesale. (See notice below on how to obtainan Attorney.)

YOU MAY STILL BE ABLE TO SAVEYOUR PROPERTY AND YOU HAVE OTHERRIGHTS EVEN IF THE SHERIFF’S SALEDOES TAKE PLACE.

4. If the Sheriff’s Sale is not stopped, yourproperty will be sold to the highest bidder.You may find out the price bid by calling(610) 278-6800.

5. You may be able to petition the Court toset aside the sale if the bid price was

grossly inadequate compared to the valueof your property.

6. The sale will go through only if the buyerpays the Sheriff the full amount due in thesale. To find out if this has happened youmay call 717-255-2660.

7. If the amount due from the buyer is notpaid to the Sheriff, you will remain theowner of the property as if the sale neverhappened.

8. You have a right to remain in the propertyuntil the full amount due is paid to theSheriff and the Sheriff gives a deed to thebuyer.At that time, the buyer may bring legalproceedings to evict you.

9. You may be entitled to a share of themoney, which was paid for your house. Aschedule of distribution of the money bidfor your house will be filed by the Sheriffno later than thirty (30) days from the dateof the sale. This schedule will state whowill be receiving the money. The moneywill be paid out in accordance with thisschedule unless exceptions (reasons whythe proposed distribution is wrong) arefiled with the Sheriff within ten (10) daysafter the date of filing of said schedule.

10. You may also have other rights anddefenses or ways of getting your houseback, if you act immediately after the sale.


DAUPHIN COUNTY LOCAL COUNSELDAUPHIN COUNTY

LAWYER REFERRAL SERVICE213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

PURSUANT TO THE FAIR DEBT COLLEC-TION PRACTICES ACT YOU ARE ADVISEDTHAT THIS LAW FIRM IS DEEMED TO BE ADEBT COLLECTOR ATTEMPTING TO COL-LECT A DEBT. ANY INFORMATIONOBTAINED WILL BE USED FOR THAT PUR-POSE.

LAUREN R. TABAS, Esq.Shapiro & Kreisman, LLC

3600 Horizon Dr., Suite 150King of Prussia, PA 19406

s14 (610) 278-6800

FIRST PUBLICATION



PENNSYLVANIA


No. 2007-CV-6182-MF


LASALLE BANK NATIONALASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OFBEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2005-HE3,Plaintiffvs.JASON M. WERNER, Mortgagor and Real Owner, Defendant

TO: JASON M. WERNER, MORTGAGORAND REAL OWNER, DEFENDANT,whose last known address is 256 Crescent StreetHarrisburg, PA 17104.





YOU ARE HEREBY NOTIFIED thatPlaintiff, LASALLE BANK NATIONAL ASSO-CIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSETBACKED SECURITIES I LLC ASSETBACKED CERTIFICATES, SERIES 2005-HE3,has filed a Mortgage Foreclosure Complaintendorsed with a notice to defend against you inthe Court of Common Pleas of Dauphin County,Pennsylvania, docketed to No. 2007-CV-6182MF, wherein Plaintiff seeks to foreclose on themortgage secured on your property located, 256Crescent Street, Harrisburg, PA 17104, where-upon your property will be sold by the Sheriff ofDauphin County.

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 the 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 anymoney claim in the Complaint of for any otherclaim or relief requested by the Plaintiff. Youmay lose money or property or other rightsimportant to you.

YOU SHOULD TAKE THIS NOTICE TOYOUR LAWYER AT ONCE. IF YOU DO NOTHAVE A LAWYER OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICESET FORTH HEREIN. THIS OFFICE CANPROVIDE YOU WITH INFORMATIONABOUT HIRING A LAWYER.




(717) 232-7536



(717) 232-0581


701 Market StreetPhiladelphia, PA 19106-1532

s14 (215) 825-6411

FIRST PUBLICATION



PENNSYLVANIA

CIVIL DIVISION

No. 2007-CV-2314-MF


US BANK, NATIONAL ASSOCIATION, as Trustee for JPMorgan 2004-S2, Plaintiffvs.MARC ROTHSCHILD, Defendant

NOTICE

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

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




(717) 232-7536s14


PENNSYLVANIA


No. 2007 CV 6208 CV

JURY TRAIL DEMANDED

MILTON PURCELL, Plaintiffvs.JOHN DOE a/k/a “PROSECUTE”,Defendant

TO: JOHN DOE A/K/A “PROSECUTE”

NOTICE OF SERVICE OF WRIT OF SUMMONS

BY PUBLICATION IN ACCORDANCE WITH RULE 430(B)(1)

OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE

NOTICE IS HEREBY GIVEN pursuant to anOrder of the Dauphin County Court of CommonPleas dated July 3, 2007, that the Prothonotary ofDauphin County has issued a Writ of Summonsagainst the Defendant, John Doe a/k/a “prose-cute”, in the above captioned case. The nature ofthe cause of action consists of the Plaintiff’sclaims for defamation, false light invasion of pri-vacy, and other claims against the Defendant.This cause of action involves inter alia false,defamatory and unlawful publications and com-munications concerning the Plaintiff made byJohn Doe a/k/a “prosecute” to other persons andto the public at large including though withoutlimitation publications and communicationsmade on the internet. Pursuant to an Order ofAugust 28, 2007 the caption of this case wasamended as indicated above.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend, you must enter a written appear-ance personally or by attorney and file yourdefenses or objections in writing with the court.You are warned that if you fail to do so the casemay proceed without you and a judgment may beentered against you by the court without furthernotice for the relief requested by the plaintiff.You may lose money or property or other rightsimportant to you.

FIRST PUBLICATION


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.




(717) 232-7536

NOTICIA

USTED LE HAS SIDO DEMANDADO ENEL TRIBUNAL. Si desea alegar defensa alguna alas reclamaciones expuestas en las paginas sigu-ientes, usted debe ir a la audienca. Advertencia:de no comparecer ante dicho tribunal, su casosera decidido en su ausencia y, sin mas notifica-cion, el tribunal puede dictaminar un Decretocontra usted por cualquiera reclamacion o com-pensacion alegada en lla Peticion. Usted puedeperder dinero o propiedad u otros derechosimportantes a usted.

LLEVE ESTOS DOCUMENTOS A SU ABO-GADO EN SEGUIDA. SI NO TIENE UN ABO-GADO O NO TIENE CON QUE PAGAR TALSERVICIO, VISTE O LLAME A LASIGUEINTE DIRECCION.



(717) 232-7536

/s/ SPERO T. LAPPAS, Esq.Serratelli, Schiffman, Brown and Calhoon, P.C.

2080 Linglestown Road, Suite 201Harrisburg, PA 17110-9670

s14 (717) 540-9170


PENNSYLVANIA


No. 2007 CV 4532 QT

COMPLAINT TO QUIET TITLE

MICHAEL PATTERSON, JR., and HELEN F. CHISOLM, Plaintiffvs.JOHN DOE, Heirs and assigns of JAMES A. O’BRIEN, Defendants

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 judgment may be entered against you bythe Court without further notice for any moneyclaimed in the Complaint or for any other claimor relief 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 OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW TO FIND OUT WHEREYOU CAN GET LEGAL HELP.



(717) 232-7536

NOTICIA

LE HAN DEMANDADO, A USTED EN LACORTE. Si usted QUIERE defenderse de e stasdemandas expuestas en las pagina siguientes,usted tiene viente (20) dias de plazo al partir de lafecha de la demanda y la notificacion. Usted debepresentar una apariencia escrita o en persona o porabogado y archivar en la corte en forma escrita susdefenses o sus objeciones a las demandas en con-tra de su persona. Sea avisado que si usted

FIRST PUBLICATION


no se defiende, la corte tomara medidas y puedaentrar una orden contra usted sin previo aviso onotificacion y por cualquier queja o alivio que espedido en la peticion de demanda. Usted puedeperder dinero o sus propiedades o otros derechosimportantes para used.

LLEVE ESTA DEMANDAA UN ABODAGOIMMEDIATAMENTE. SI NO TIENE ABOGA-DO O SI NO TIENE EL DINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA EN PER-SONA O LLAME POR TELEFONO A LAOFICINA CUYA DIRECCION SE ENCUEN-TRA ESCRITA ABAJO PARA A VERIGUARDONDE SE PUEDE CONSEQUIR ASISTEN-CIA LEGAL.



(717) 232-7536

COMPLAINT

AND NOW come the Plaintiffs, MICHAELPATTERSON, JR. and HELEN F. CHISOLM, byand through their attorney, Darrin C. Dinello,Esquire, and complains against all personsunknown claiming any right, title, estate, lien orinterest in the real property described in the with-in Complaint adverse to Plaintiffs’ ownership orany cloud upon Plaintiffs’ title thereto, and for acause of action allege:

1. Plaintiffs, MICHAEL PATTERSON, JR.and HELEN F. CHISOLM are adult indi-viduals with an address of 2015-ASwatara Street, Harrisburg, Pennsylvania.

2. Defendant, JOHN DOE, is or may be aperson or persons, or other entity, heirsand assigns of JAMES A. O’BRIEN,whose identity and whereabouts areunknown.

3. The following described tract of land isthe subject of this Quiet Title action: ALLTHAT CERTAIN tract of land withimprovements thereon erected located inthe City of Harrisburg, Dauphin County,Pennsylvania, more particularly describedas 618 Radnor Street, Parcel No. 10-014-099.

4. Plaintiff, MICHAEL PATTERSON, JR.acquired the subject property at a JudicialSale on March 31, 2000 by way of a Deeddated May 10, 2000 that was recorded inthe Office of the Recorder of Deeds ofDauphin County in Deed Book Volume3671, Page 550.

5. Plaintiff MICHAEL PATTERSON, JR.conveyed the subject property toPlaintiffs, MICHAEL PATTERSON JR.and HELEN F. CHISOLM by deed datedJuly 16, 2003 and recorded in the Officeof the Recorder of Deeds of DauphinCounty, Pennsylvania in Deed BookVolume 5032, Page 117.

6. Notification of the Judicial Sale of thesubject premises was served at the lastknown address of the Defendants.

7. Since the Plaintiffs acquired the subjectpremises at Judicial Sale, no parties what-soever have claimed any ownership inter-est in the subject premises nor have anyparties come forward declaring the resultsof the Judicial Sale null and void for anyreason whatsoever.

8. Pursuant to the appropriate acts of assem-bly of the Commonwealth of Penn-sylvania, Plaintiffs are, therefore, entitledto bring this action to quiet title and todeclare fee simple ownership in the sub-ject premises in the Plaintiffs and todeclare the Deed recorded in DauphinCounty, Pennsylvania, in the Office of theRecorder of Deeds, at Deed Book VoIume5032, Page 117.

9. Plaintiffs claim fee simple absolute title tothe aforesaid premises against De-fendants, JOHN DOE, their heirs assigns,successors, administrators and personalrepresentatives, and all other persons gen-erally. WHEREFORE, showing theabove, Plaintiffs request this HonorableCourt to enter a Decree as follows:

a. That the title to the Plaintiffs in theabove described premises be adju-dicated and decreed valid and inde-feasible as against all rights orclaims whatsoever, including anyclaim of Defendants, JOHN DOE,their heirs, assigns, successors,administrators, and personal repre-sentatives, and/or any other inter-ested parties;

FIRST PUBLICATION


b. That the Defendants, JOHN DOE,their heirs, assigns, successors,administrators and personal repre-sentatives, and/or any other inter-ested parties be forever barredfrom asserting any right, title, lien,interest or claim in the land andpremises inconsistent with theownership of Plaintiffs, unless anysuch Defendant take such action asthe Order directs against thePlaintiffs within thirty (30) daysafter the entry of a Judgment by theCourt, and if no such action isundertaken by any Defendants,their heirs, assigns, successors,administrators and personal repre-sentatives, and/or any other inter-ested parties, generally, that theyshall be forever barred from assert-ing any right, title, interest, claimor lien in the land and premisesinconsistent with the interests andclaims of the Plaintiffs; and

c. That this Court enters such Ordersand Decrees as are necessary andconsistent with the granting ofrelief as prayed for in thisComplaint.

/s/ DARRIN C. DINELLO, Esq.5405 Jonestown Road, Suite 101

Harrisburg, PA 17112Date: 4/27/07 (717) 909-6730

VERIFICATION

We, MICHAEL PATTERSON, JR. andHELEN F. CHISOLM, hereby verify that we arethe Plaintiffs in this Complaint to Quiet Title; thatas such, we are authorized to make this verifica-tion; that we have read the foregoing Complaintto Quiet Title; and that the facts stated therein aretrue and correct to the best of our knowledge,information and belief.

We understand that any false statements hereinare made subject to penalties of 18 Pa.C.S.Section 4904, relating to unsworn falsification toauthorities.

Date: 4/26/07 /s/ Michael Patterson, Jr., PlaintiffDate: 4/27/07 /s/ Helen F. Chisolm, Plaintiff

s14


PENNSYLVANIA

PETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that on August31, 2007, the Petition of Tanya Huynh was filedin the above named court, requesting a decree tochange his/her name from Tanya Huynh toTanya Huynh Tran.

The Court has fixed Friday, October 5, 2007 inCourtroom No. 7 at 11:45 A.M., Dauphin CountyCourthouse, Front and Market Streets,Harrisburg, PA as the time and place for the hear-ing on said Petition, when and where all personsinterested may appear and show cause if any theyhave, why the prayer of the said Petition shouldnot be granted. s14


PENNSYLVANIA


No. 2007-CV-4142-MF

EVERHOME MORTGAGE COMPANY,Plaintiffvs.COREY W. FAULKNER, Defendant

NOTICE OF SHERIFF’S SALEOF REAL PROPERTY

TO: Corey W. Faulkner6306 Darlington DriveHarrisburg, PA 17112

FIRST PUBLICATION


NOTICE IS HEREBY GIVEN that your house(real estate) at: 6306 Darlington Drive,Harrisburg, PA 17112, 35-023-130, is scheduledto be sold at Sheriff’s Sale on January 10, 2008at: Dauphin County Administration Building, 4thFloor, Commissioners Hearing Room, MarketSquare (former Mellon Bank Building),Harrisburg, PA 17101, at 10:00 a.m., to enforcethe court judgment of $92,586.68 obtained byEverHome Mortgage Company against you.

NOTICE OF OWNER’S RIGHTS

YOU MAY BE ABLE TO PREVENT THE SHERIFF’S SALE


1. The sale will be cancelled if you pay backto EverHome Mortgage Company theamount of the Judgment plus costs or theback payments, late charges, costs, andreasonable attorneys fees due. To find outhow much you must pay, you may call:(610) 278-6800.

2. You may be able to stop the sale by filinga petition asking the Court to strike oropen the judgment, if the judgment wasimproperly entered. You may also ask theCourt to postpone the sale for good cause.

3. You may be able to stop the sale throughother legal proceedings.You may need an attorney to assert yourrights. The sooner you contact one, themore chance you will have of stopping thesale. (See notice below on how to obtainan Attorney).


AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF’S SALE

DOES TAKE PLACE.

4. If the Sheriff’s Sale is not stopped, yourproperty will be sold to the highest bidder.You may find out the price bid by calling(610) 278-6800.


6. The sale will go through only if the buyerpays the Sheriff the full amount due in thesale. To find out if this has happened youmay call 717-255-2660.

7. If the amount due from the buyer is notpaid to the Sheriff, you will remain theowner of the property as if the sale neverhappened.

8. You have a right to remain in the propertyuntil the full amount due is paid to theSheriff and the Sheriff gives a deed to thebuyer.At that time, the buyer may bring legalproceedings to evict you.

9. You may be entitled to a share of themoney, which was paid for your house. Aschedule of distribution of the money bidfor your house will be filed by the Sheriffno later than thirty (30) days from the dateof the sale. This schedule will state whowill be receiving the money. The moneywill be paid out in accordance with thisschedule unless exceptions (reasons whythe proposed distribution is wrong) arefiled with the Sheriff within ten (10) daysafter the date of filing of said schedule.

10. You may also have other rights anddefenses or ways of getting your houseback, if you act immediately after the sale.


DAUPHIN COUNTY LOCAL COUNSELDAUPHIN COUNTY

LAWYER REFERRAL SERVICE213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

PURSUANT TO THE FAIR DEBT COLLEC-TION PRACTICES ACT YOU ARE ADVISEDTHAT THIS LAW FIRM IS DEEMED TO BE ADEBT COLLECTOR ATTEMPTING TO COL-LECT A DEBT. ANY INFORMATIONOBTAINED WILL BE USED FOR THAT PUR-POSE.

LAUREN R. TABAS, Esq.Shapiro & Kreisman, LLC

3600 Horizon Dr., Suite 150 King of Prussia, PA 19406

s14 (610) 278-6800

FIRST PUBLICATION


NOTICE OF AUDIT

TO LEGATEES, NEXT OF KIN,CREDITORS AND ALL

OTHER PERSONS CONCERNED

NOTICE IS HEREBY GIVEN that the follow-ing accounts have been filed by the respectiveaccountants in the Office of the Register of Willsor with the Clerk of the Orphans’ Court Divisionof the Common Pleas of Dauphin County, as thecase may be, and that the same shall be duly pre-sented to the said Orphans’ Court Division at theOffice of the Court Administrator for Audit,Confirmation and Distribution of the said ascer-tained balances to and among those legally enti-tled there to on Tuesday, October 16, 2007.Pursuant to Dauphin County Orphans’ CourtRule 6.10.1, objections to an account must befiled in writing with the Register or Clerk nolater than the close of business on Tuesday,October 9, 2007.

1. FREDERICK, HOWARD G., Deceased,Third and Final Account of CommunityBanks, Trustee (Trust Under Will).

2. KINER, ELIZABETH B., Deceased, Firstand Final Account of Kenneth E. Kiner,Executor.

3. McCLOSKEY, GEORGE B., Deceased,First and Final Account of Rosemarie I.McCloskey, Executrix.

Dated: September 7, 2007/s/ SANDRA C. SNYDER

Register of Wills ands14-s21 Clerk of the Orphans’ Court Division

FIRST 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

Andrew v. CUNA Brokerage Services, Inc., et al. . . . . . . . . . . . . . 414

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 Control of the Harrisburg School District,

et al. v. Wilson, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362

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. Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433

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

CUNA Brokerage Services, Inc., et al., Andrew v. . . . . . . . . . . . . 414

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

Faust v. Walker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

Ferster, et al., State Farm Mutual Automobile

Insurance Co. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

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

Hourigan, Kluger, Spohrer & Quinn, P.C., Opel, et al. v. . . . . . . . 348

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

II DAUPHIN COUNTY REPORTS Vol. 123

Cumulative Table of Cases

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

Hummelstown Post No. 265, American Legion Department

of Pennsylvania and P. Jules Patt,

Room One Corporation v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

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

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

Middletown Area School District,

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

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

Miller, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433

Mills v. Pennsylvania Department of Corrections, et al. . . . . . . . . 423

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

Opel, et al. v. Hourigan, Kluger, Spohrer & Quinn, P.C. . . . . . . . . 348

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

Pennsylvania Department of Corrections, et al., Mills v. . . . . . . . . 423

Pennsylvania Financial Responsibility

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

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

Vol. 123 DAUPHIN COUNTY REPORTS III


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

Room One Corporation v. Hummelstown Post No. 265,

American Legion Department of Pennsylvania

and P. Jules Patt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 383

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

State Farm Mutual Automobile Insurance Co. v.

Ferster, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

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

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

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

Walker, Faust v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403

IV DAUPHIN COUNTY REPORTS Vol. 123


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


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


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

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

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

Vol. 123 DAUPHIN COUNTY REPORTS V


INCORPORATION ANDLIMITED LIABILITY COMPANY

FORMATIONCONVENIENT, COURTEOUS SAME DAY SERVICE

PREPARATION AND FILING SERVICES IN ALL STATES

CORPORATION OUTFITS ANDLIMITED LIABILITY COMPANY OUTFITS

SAME DAY SHIPMENT OF YOUR ORDER

CORPORATION, LIMITED LIABILITY COMPANYAND UCC FORMS

CORPORATE AND UCC, LIEN ANDJUDGMENT SERVICES

M. BURRKEIM COMPANYSERVING THE LEGAL PROFESSIONAL SINCE 1931

PHONE: (800) 533-8113 FAX: (888) 977-93862021 ARCH STREET, PHILADELPHIA, PA 19103

WWW.MBURRKEIM.COM

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.C. Grainger Bowman Pamela C. PolacekVincent L. Champion J. Michael SheldonRobert E. Chernicoff David F. Tamanini

S. Barton Gephart Jason M. WeinstockJames L. Goldsmith Lisa M. Woodburn

Darren J. Holst John F. ZonarichTheresa B. Male

Directors

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

SEPTEMBER 2007 Judge Lawrence F. CLARK, JR.OCTOBER 2007 Judge Scott A. EVANS

Opinions Not Yet ReportedSeptember 6, 2007 – Kleinfelter, J., Murlin v. Murlin (No. 2005 CV 1882)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

ATTORNEY — Full time attorney position available with Harrisburg city lawfirm handling plaintiffs’ personal injury and products liability cases. Minimum of 2 to 3 years of plaintiff litigation experience preferred. Competitive salary andbenefits; salary commensurate with experience. Please send cover letter, resume andsalary requirements to ATTN of William Poland, Bldg. 3, 2001 N. Front St.,Harrisburg, PA 17102, or send via fax to 717-232-4189. All Replies Confidential.

s14-s28

ESTATE PLANNING & ADMINISTRATION PARALEGAL — ExpandingWest Shore Area law firm is in need of an Estate Planning & Estate AdministrationParalegal. The ideal candidate will have relevant experience, a Paralegal Certificateor Bachelor’s Degree, strong interpersonal communication, organizational andanalytical skills, and an excellent knowledge of Word and Excel. Please submitresume in confidence with cover letter and salary requirements to:[email protected] or mail to: Pecht & Associates, PC, 1205 Manor Drive, Suite200, Mechanicsburg, PA 17055. s14-s28

ASSOCIATE GENERAL COUNSEL — Webclients.net, a ValueClick(Nasdaq: VCLK) company, is seeking an Associate General Counsel. The positioninvolves drafting, reviewing and negotiating contracts; preparing guidelines, policiesand procedures for the company to follow; providing day-to-day business counselingon a variety of issues; and managing the company's compliance initiatives. To apply,please email your resume and cover letter with salary requirements [email protected]. a31-s14

LEGAL SECRETARY/ BOOKEEPER — Skilled secretary / bookkeeperrequired for a small Harrisburg intellectual Property Law Firm. Full benefits andparking provided. Send resume to Charles Hooker, Hooker & Habib, P.C., 100Chestnut Street, Suite 304, Harrisburg, PA 17101, or email at [email protected]. s7-s21

ATTORNEY — Experienced attorney sought by Harrisburg-based CentralPennsylvania law firm for trust & estate practice. Candidate should have at least 3-5 years of experience regarding estate planning & documentation, elder lawmatters, fiduciary taxation, estate & trust administration, and PA Orphans’ Courtprocedures. Resumes, with references, can be submitted in confidence to MaureenScarazzo, Firm Administrator, Goldberg Katzman, P.C., P.O. Box 1268,Harrisburg, PA 17108-1268. s7-s21

FOR LEASE — Professional Office Building, 219 State Street, Harrisburg, PA.Located 1/2 Block from Capitol Steps. Attractive 3 story brick w/ over 2200 SF plus4 Private Parking Spaces. Gross Lease $2,850/mo nego., Flexible Lease Term. CallRuss Goodrich, RE/Max, Delta Group Inc. 717-503-5880, 717-652-8200. s7-s21

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

MEMORANDUM

Please be advised that the Honorable A. Richard Caputo will relocate hischambers to the Max Rosenn U.S. Courthouse in Wilkes-Barre, Pennsylvania,effective October 1, 2007. The address is as follows:

Honorable A. Richard CaputoMax Rosenn United States Courthouse197 S. Main St.Suite 235Wilkes-Barre, PA 18701

Telephone: 570-823-3962FAX: 570-823-4900

Document filings remain the same, i.e. electronically through the court’sElectronic Case Files System (ECF), located on the website at:www.pamd.uscourts.gov.

Please contact my office with any questions. s7-s14

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 - dcba-pa.org

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