Dauphin County Reporter

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5673, Vol. 124 August 29, 2008 No. 9

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

Kelly Systems, Inc. v. Koda 21Bar Association Page Inside Back Cover

Pages 21-27

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 CHRISTINE HAIN WELTER,late of Derry Township, Dauphin County,Pennsylvania (died July 9, 2008). Executor:George A. Welter, 1191 Draymore Court,Hummelstown, PA 17036. Attorney: Howard B.Krug, Esq., Purcell, Krug & Haller, 1719 NorthFront Street, Harrisburg, PA 17102. a29-s12

ESTATE OF MICHAEL C. ELLINGER, lateof Dauphin County, Pennsylvania (died August 6,2008). Executor: Eugene Ellinger. Attorney:Steven P. Miner, Esq., Daley Zucker MeiltonMiner & Gingrich, LLC, 1035 Mumma Road,Suite 101, Wormleysburg, PA 17043. a29-s12

ESTATE OF JOE W. MITCHELL, late ofLower Paxton Township, Dauphin County,Pennsylvania (died November 5, 2007).Administrator: Horace A. Mitchell. Attorney:Marci S. Miller, Esq., Hazen Elder Law, 2000Linglestown Road, Suite 202, Harrisburg, PA17110. a29-s12

ESTATE OF BERNICE A. SPAID, late ofLower Paxton Township, Dauphin County, Penn-sylvania. Executrix: Carol E. Troup, 407 SouthWalnut Street, Burnham, PA 17009. Attorney:Michael S. Gingerich, Esq., Rear 27 NorthBrown Street, Lewistown, PA 17044. a29-s12

ESTATE OF JEROME P. DUGAN, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died July 25, 2008). Co-Executors:Gregory P. Dugan, 930 N. Jesse Street, Chandler,AZ 85225 and Alyce D. Evans, 318 BelaireDrive, Shiremanstown, PA 17011. Attorney: JaneM. Alexander, Esq., 148 S. Baltimore Street, P.O.Box 421, Dillsburg, PA 17019-0421. a29-s12

ESTATE OF GEORGE ALBERT ORF, late ofLower Paxton Township, Dauphin County,Pennsylvania (died July 27, 2008). Executor:William G. Orf. Attorney: Nora F. Blair, Esq.,5440 Jonestown Road, P.O. Box 6216,Harrisburg, PA 17112. a29-s12

ESTATE OF BETTY J. WISE, late of DerryTownship, Dauphin County, Pennsylvania.Executor: James H. Wise, 1192 Draymore Court,Hummelstown, PA 17036. Attorney: MelanieWalz Scaringi, Esq., Scaringi & Scaringi, P.C.,2000 Linglestown Road, Suite 106, Harrisburg,PA 17110. a29-s12

21 (2008)] DAUPHIN COUNTY REPORTS 21

Kelly Systems, Inc. v. Koda

CONCLUSIONThus, the Appellant has become the architect of her own unfortunate

situation. Additionally, the Appellant’s obvious seething contempt forthe proper legal processes of this Commonwealth is manifest throughouther numerous bizarre filings and actions. Therefore, we respectfully sug-gest that her appeals be dismissed as meritless, indeed frivolous.

ISSUED AT HARRISBURG, this 31st day of July, 2008.

_______o_______


Mechanic’s Lien — Statute of Limitations — Equity — Estoppel — Laches.

Five months after completion of construction and three months afterthe Defendants purchased their new home, Plaintiff subcontractor fileda mechanic’s lien claim and complaint for payment due from the bank-rupt general contractor for furnishing and installing drywall at the resi-dence. The Plaintiff had known about the general contractor’s financialdistress before the purchase of the home by the Defendants. The Courtfound the Plaintiff to be equitably estopped from collecting from thehomeowners, despite the fact that the claim was filed within the six-month statute of limitations provided by the Mechanics’ Lien Law of1963, 49 P.S. §1101, et seq.

1. Equitable estoppel arises when one by his acts, representations, or by his silencewhen he ought to speak out, intentionally or through culpable negligence induces anotherto believe certain facts to exist, and such other rightfully relies and acts on such belief sothat he will be prejudiced if the former is permitted to deny the existence of such facts.Murphy and Slota v. Burke, 311 A.2d 904, 908 (Pa. 1973).

2. A party asserting laches must establish two essential elements: (1) a delay arisingfrom the complaining party’s failure to exercise due diligence and (2) prejudice to theasserting party resulting from the delay. Whether the complaining party acted with duediligence depends upon what that party might have known by use of information within itsreach. In re: Estate of Leitham, 726 A.2d 1116, 1119 (Pa. Cmwlth. 1999) (quoting Stilp v.Hafer, 718 A.2d 290, 293 (Pa. 1998).

3. The application of the equitable doctrine of laches does not depend upon the fact thata certain definite time has elapsed, but whether, under the circumstances of the particularcase, the complaining party is guilty of want of due diligence in failing to act to another’sprejudice. In re: Estate of Marushak, 413 A.2d 649, 651 (Pa. 1980).

Defendants’ Preliminary Objection. C.P., Dau. Co., No. 2007 CV13485 ML. Objection granted.

22 DAUPHIN COUNTY REPORTS [124 Dauph.


John G. Milakovic, for Plaintiff

Samuel and Trissa Koda, Pro Se

KLEINFELTER, J., August 5, 2008. –

BACKGROUNDBefore the court are Trissa R. Koda and Samuel M. Koda, Jr.’s (here-

inafter “defendants”) preliminary objections to Kelly Systems, Inc.’s(hereinafter “plaintiff”) mechanic’s lien claim and complaint. This casepresents the interesting issue of whether a subcontractor may be equi-tably estopped from filing a mechanic’s lien pursuant to the doctrine oflaches when the subcontractor files its claim within the six month statuteof limitations provided by the Mechanics’ Lien Law of 1963, 49 P.S. §1101, et seq. (hereinafter “MLL”).

In July of 2007 plaintiff completed work as a subcontractor to gener-al contractor Shaffer & Sons, Inc. (hereinafter “Shaffer”) at what is nowthe defendants’ single-family residence, located at 2528 Raleigh Road,Hummelstown. On September 14, 2007, defendants became legal titleowners to the property and paid full consideration to Shaffer. In a letterdated October 9, 2007, and served upon defendants by first class mail,plaintiff’s counsel advised the defendants that plaintiff had not yet beenpaid by Shaffer for the drywall installed at the defendants’ home andgave notice of plaintiff’s intent to file a mechanic’s lien. In this notice ofintent letter, plaintiff informed the defendants that it was subcontractorto Shaffer, and that there was due to plaintiff the sum of $11,768.00 forfurnishing and installing drywall at the residence. After Shaffer filed apetition for relief in bankruptcy court on November 21, 2007, and uponShaffer’s payment to plaintiff becoming past due, on December 13,2007, plaintiff filed a mechanic’s lien claim (hereinafter “the claim”).

On March 17, 2008, defendants filed Preliminary Objections toPlaintiff’s Lien Claim and Complaint which included: (1) a demurrer tothe complaint, based upon the assertion that plaintiff waived its claimand/or is estopped from asserting it; (2) a demurrer to the complaint,based upon the assertion that the claim did not comply with the speci-ficity requirements of 49 P.S. §1503(6); (3) a demurrer to the complaint,based upon the assertion that plaintiff’s manner of service of the noticeof intent was defective; (4) a demurrer to the complaint, based upon theassertion that plaintiff had inadequate proof of service of the notice ofintent; and, (5) a demurrer to the complaint, based upon the assertionthat the inclusion of costs and interest in plaintiff’s complaint is contraryto the Mechanic’s Lien Statute.



On April 4, 2008, plaintiff filed a Reply to Defendants’ PreliminaryObjections and a Motion for Leave of Court to File AmendedMechanic’s Lien Claim. On April 21, 2008, defendant filed a reply to themotion. On April 28, 2008, we granted the plaintiff’s motion. Theamended lien claim was filed on April 30, 2008. The amended claimincludes the requisite detailed statement of the kind and character of thelabor and materials furnished and itemized prices and a revised date ofJuly 19, 2007, as the date when plaintiff completed work. On June 10,2008, we heard oral arguments on the preliminary objections.

DISCUSSIONI. Can plaintiff be equitably estopped from asserting its claim?

“The mechanic’s lien law ‘was intended to protect the prepaymentlabor and materials that a contractor invests in another’s property, by allowing the contractor to obtain a lien interest in the propertyinvolved.’” Artsmith Development Group, Inc. v. Updegraff, 868 A.2d495, 496 (Pa. Super. Ct. 2005) (quoting Matternas v. Stehman, 642 A.2d1120, 1124 (Pa. 1994)).

Section 1502(a)(2) of the MLL provides a six month statute of limita-tions for filing a claim:

To perfect a lien, every claimant must file a claim withthe prothonotary as provided by this act within six (6)months after completion of his work.

Section 1402(a)(2)(i) of the MLL describes how a contractor maywaive his right to file a mechanics’ lien:

A contractor or subcontractor may waive his right tofile a claim by a written instrument signed by him or byany conduct which operates equitably to estop suchcontractor or subcontractor from filing a claim.(Emphasis supplied).

The Pennsylvania Supreme Court has defined the doctrine of equi-table estoppel:

Equitable estoppel arises when one by his acts, repre-sentations, or by his silence when he ought to speak out,intentionally or through culpable negligence inducesanother to believe certain facts to exist and such otherrightfully relies and acts on such belief so that he will beprejudiced if the former is permitted to deny the exis-tence of such facts.



Murphy and Slota v. Burke, 311 A.2d 904, 908 (Pa. 1973).

Defendants specifically rely on a subcategory of equitable estoppel,estoppel-by-laches, as the premise for their argument that plaintiff isbarred from pursuing the mechanic’s claim.

A party asserting laches must establish two essentialelements: (1) a delay arising from the complainingparty’s failure to exercise due diligence and (2) prejudiceto the asserting party resulting from the delay. Whetherthe complaining party acted with due diligence dependsupon what that party might have known by use of infor-mation within its reach.

In re: Estate of Leitham, 726 A.2d 1116, 1119 (Pa. Cmwlth, 1999) (quoting Stilp v. Hafer, 718 A.2d 290, 293 (Pa. 1998)).

The application of the equitable doctrine of lachesdoes not depend upon the fact that a certain definite timehas elapsed, but whether, under the circumstances of theparticular case, the complaining party is guilty of want ofdue diligence in failing to act to another’s prejudice.

In re: Estate of Marushak, 413 A.2d 649, 651 (Pa. 1980).

Section 1402(a)(2)(i) of the MLL does not specifically define the typeof conduct which would trigger an estoppel and thus defeat a mechan-ic’s lien claim. Additionally, case law developed in the area of mechan-ics’ liens does not define “conduct,” but simply examines whether theconduct under the particular facts of that case was sufficient to estop theclaimant.

In the present case, plaintiff filed its claim on December 13, 2007,approximately five months after the completion of work on July 19,2007, and is thus in compliance with the six month proviso of Section1502(a)(2) of the MLL. Defendants cite no authority (and we have foundnone) in which a lien claimant who timely filed its claim within the sixmonth time limit was not permitted to proceed with the same on thebasis of estoppel. This leads us to the question of whether, under thefacts of a particular case, the estoppel provisions of Section1402(a)(2)(i) can supplant or subrogate the limitations provisions ofSection 1502(a)(2).

We are of the opinion that the six month statute of limitations lan-guage and the equitable estoppel section must be read in pari materia;



i.e., even where an action is brought within the requisite time period, theprinciples of waiver and estoppel may still be applicable. Support forthis proposition is found in the Judicial Code provisions setting forthgeneral rules governing time specifications in the case of a civil actionor proceeding. 42 Pa. C.S.A. § 5501(a) provides:

An action, proceeding or appeal must be commencedwithin the time specified in or pursuant to this chapter,unless in the case of a civil action or proceeding, a differ-ent time is provided by this title or another statute or ashorter time which is not manifestly unreasonable is pre-scribed by written agreement.

The same section maintains that equitable doctrines may still be con-sidered where an action or proceeding is brought within the time limits.42 Pa.C.S.A. §5501(c) provides:

Nothing in this chapter shall modify the principles ofwaiver, laches and estoppel and similar principles heretoapplicable in equitable matters.

Although plaintiff here filed its claim within the requisite time period,we must consider plaintiff’s conduct in filing and pursuing this claim. Inthis regard, we take notice of another unrelated action that previouslyoccurred between plaintiff and Shaffer. During the spring of 2007, plain-tiff acted as a subcontractor to Shaffer on at least one other project thatresulted in plaintiff placing a mechanic’s lien on the subject property. Inthat particular mechanic’s lien claim, filed on October 30, 2007, plain-tiff alleged that it was owed money from Shaffer for work completed onMay 4, 2007. See, Kelly v. Reeves, Dauphin County Court of CommonPleas, No. 2007 CV 11444 ML.

The parties agree that work on the defendants’ home was completedon July 19, 2007; that on August 23, 2007, payment was due for the con-struction; and that when title to the property was transferred to thedefendants on September 14, 2007, Shaffer was behind on payments byabout three weeks. By August 23, 2007, plaintiff was aware that Shafferwas not making timely payments owed for the plaintiff’s work on thedefendants’ property as well as for the work completed May 4, 2007 onthe Reeve’s property. Despite having full knowledge during the summerof 2007 of Shaffer’s financial distress, plaintiff made no attempt to servea notice of intent to file a lien claim until October of 2007, approximate-ly a month after defendants had closing on the property.



Plaintiff’s conduct disavailed defendants from asserting a remedyprovided by statute. Section 1601 of the MLL provides:

An owner who has been served with a notice of inten-tion to file or notice of the filing of a claim by a subcon-tractor may retain out of any moneys due or to becomedue to the contractor named therein, a sum sufficient toprotect the owner from loss until such time as the claimis finally settled, released, defeated or discharged.

Section 1603 provides:

Upon service of the notice provided [by owner] by sec-tion 1602, the contractor shall within thirty (30) daysfrom the contractor’s receipt of notice:

(1) Settle or discharge the claim of the subcon-tractor and furnish to the owner a written copyof a waiver, release or satisfaction thereof,signed by the claimant; or

(2) Agree in writing to undertake to defendagainst said claim, and if the owner has notretained sufficient funds to protect him fromloss, furnish the owner additional approvedsecurity to protect the owner from loss in theevent the defense should be abandoned by thecontractor or should not prevail; or

(3) Furnish the owner approved security in anamount sufficient to protect the owner fromloss on account of said claim.

Plaintiff’s delay in filing the claim and failure to provide defendantswith the notice of intent prior to the date on which defendants receivedtitle placed the homeowners at a considerable disadvantage. Had defen-dants been aware of the financial condition of their general contractorthey would have been able to withhold monies from Shaffer and avoidthe lien that now clouds their title. We will not allow a subcontractor todelay filing a lien on property, with knowledge of the general contrac-tor’s illiquidity, in order to reach a more creditworthy property owner.We conclude that the plaintiff is equitably estopped from collecting fromthe homeowners and will, accordingly, sustain the instant preliminaryobjection.



Given our sustaining of defendants’ first preliminary objection theother objections raised by the defendants are rendered moot.1

We enter the following:

ORDERAND NOW, this 5th day of August 2008, upon consideration of

defendants’ preliminary objections to plaintiff’s mechanic’s lien andcomplaint,

IT IS HEREBY ORDERED that defendants’ demurrer on the basis ofequitable estoppel is granted. Defendants’ remaining preliminary objec-tions are therefore moot.

_______o_______

1. Defendants’ second objection (lack of specificity in the lien claim) was renderedmoot when the plaintiff filed an amended claim on April 30, 2008, with the requisite pro-visions.

Defendants’ third and fourth preliminary objections to the manner of, and proof of, serv-ice of the notice of intent are without merit as Section 1501(d) of the MLL expressly con-templates service by first class mail and the mailbox rule creates a presumption that suchnotice was received.

Defendants’ fifth preliminary objection urges that the complaint be stricken because itincludes a demand for interest. Defendants argue that Section 1301 of the MLL does notauthorize recovery of interest and cite a recent Superior Court case as support for theproposition that the lien is limited to amounts owed for labor and materials. (See, ArtsmithDevelopment Group, Inc. v. Updegraff, 868 A.2d 495 (Pa. Super. Ct. 2005)). However, thisauthority is contrary to a previous Superior Court decision as well as a PennsylvaniaSupreme Court case which authorized interest calculated from the date when the claim wasfirst filed. (See, Niland v. Gill, 1930 WL 3571 (Pa. Super. Ct. 1930); In re: Oxnard’s Estate,25 A. 568 (Pa. 1893)). The answer to the interest question, given the conflict in authority,must await a later day.

ESTATE OF JAMES NATHANIEL HYMON,SR., late of the City of Harrisburg, DauphinCounty, Pennsylvania (died February 13, 2008).Executrix: Arlene Turner, 1700 Verbeke Street,Harrisburg, PA 17103. Attorney: Harry M.Baturin, Esq., Baturin & Baturin, 2604 NorthSecond Street, Harrisburg, PA 17110. a29-s12

ESTATE OF HELEN E. HALE a/k/a ELLA L.HALE, late of Millersburg Borough, DauphinCounty, Pennsylvania. Co-Executors: CynthiaJean Hale (Houser), P.O. Box 369, Halifax, PA17032 and William Davis Hale, P.O. Box 106,Halifax, PA 17032. Attorney: Earl RichardEtzweiler, Esq., 105 North Front Street,Harrisburg, PA 17101. Telephone (717) 234-5600. a29-s12

ESTATE OF WILLIAM W. MATTIS, late ofUpper Paxton Township, Dauphin County,Pennsylvania. Co-Executrices: Janice A. Vance, 8Junction Road, Millersburg, PA 17061 and DianeE. Gunder, 62 Ringneck Drive, Harrisburg, PA17112. Attorney: Earl Richard Etzweiler, Esq.,105 North Front Street, Harrisburg, PA 17101.Telephone (717) 234-5600. a29-s12

ESTATE OF LORETTA F. MCGILL, late ofLower Swatara Township, Dauphin County,Pennsylvania. Co-Executrices: Donna K. Kuhn,831 Evergreen Drive, Middletown, PA 17057;Alice Jean Thorn, 1024 Main Street, Oberlin, PA17113 and Karen Ann Donley, 1220 ButtonwoodDrive, Dauphin, PA 17018. Attorney: John R.Zonarich, Esq., Skarlatos & Zonarich LLP, 17South 2nd Street, 6th Floor, Harrisburg, PA17101. a29-s12

FIRST PUBLICATION

Estate Notices

SECOND PUBLICATION

ESTATE OF MARGARET E. EAGLE, late ofWiconisco Township, Dauphin County, Pennsyl-vania (died July 12, 2008). Administrator/Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, 4245 Route 209, Elizabethville, PA17023. a22-s5

ESTATE OF CLAIR HOUSEKNECHT, late ofMiddletown, Dauphin County, Pennsylvania(died April 19, 2008). Personal Representative:Keystone Guardianship Services, c/o ConstanceE. Stoneroad, 129 S. Market Street, Suite 1,Millersburg, PA 17061. Attorney: Jim Reed, Esq.,Latsha Davis Yohe & McKenna, P.C., 1700 BentCreek Boulevard, Suite 140, Mechanicsburg, PA17050. a22-s5

ESTATE OF MARK I. KLINGER, late ofUpper Paxton Township, Dauphin County,Pennsylvania (died July 27, 2008). Co-Executors: Larry D. Punch, 320 Erdman Drive,Dauphin, PA 17018 and Linda J. Faust, 3 SpringRoad, Tower City, PA 17980. Attorney: Joseph D.Kerwin, Esq., Kerwin & Kerwin, 27 North FrontStreet, Harrisburg, PA 17101. a22-s5

ESTATE OF ARTHUR E. POTTER a/k/aSHAFEEQ ABDUS-SHAKIR, late of the City ofHarrisburg, Dauphin County, Pennsylvania (diedJuly 22, 2008). Executor: Raheem S. Potter, 1500Briggs Street, Harrisburg, PA 17103. Attorney:Gary L. Rothschild, Esq., 2215 Forest HillsDrive, Suite 35, Harrisburg, PA 17112. a22-s5

ESTATE OF EDITHE M. HAFFEY, late ofSwatara Township, Dauphin County, Pennsyl-vania (died June 27, 2008). Executor: PatrickRonald Haffey, 212 Clark Street, Lemoyne, PA17043-2009. Attorney: Gary L. Rothschild, Esq.,2215 Forest Hills Drive, Suite 35, Harrisburg, PA17112. a22-s5

ESTATE OF BETTY M. DUNKLEBERGER,late of Susquehanna Township, Dauphin County,Pennsylvania (died August 2, 2008). Executor:William C. Dunkleberger, 3381 Fieldwood Drive,Smyrna, GA 30080. Attorney: Joseph D. Kerwin,Esq., Kerwin & Kerwin, 4245 Route 209,Elizabethville, PA 17023. a22-s5

ESTATE OF LILLIAN E. DEAVEN, late ofWest Hanover Township, Dauphin County,Pennsylvania (died July 7, 2008). Co-Executors:Kenneth S. Deaven, 7545 Green Hill Road,Harrisburg, PA 17112 and Glenn W. Deaven,7500 Green Hill Road, Harrisburg, PA 17112.Attorney: Francis A. Zulli, Esq., Wion, Zulli &Seibert, 109 Locust Street, Harrisburg, PA 17101.

a22-s5

ESTATE OF WESLEY SMITH, late of theCity of Harrisburg, Dauphin County, Penn-sylvania. Administrator: Ronald D. Butler, 500N. Third Street, P.O. Box 1004, Harrisburg, PA17108. Attorneys: Butler Law Firm, 500 NorthThird Street, P.O. Box 1004, Harrisburg, PA17108. a22-s5

ESTATE OF DOROTHY A. MAURER, late ofBerrysburg, Dauphin County, Pennsylvania (diedJuly 26, 2008). Personal Representative: ShirleyCharlock, 7029 Terrann Drive, Harrisburg, PA17112. Attorney: Dale K. Ketner, Esq., Shaffer &Engle Law Offices, 129 Market Street,Millersburg, PA 17061. a22-s5

ESTATE OF JOSEPH M. BOLOGNESE, lateof Londonderry Township, Dauphin County,Pennsylvania (died July 28, 2008). Executrix:Carla M. Kennedy, 2073 Reservoir Drive,Middletown, PA 17057. Attorney: John S.Davidson, Esq., 320 West Chocolate Avenue,P.O. Box 437, Hershey, PA 17033-0437. a22-s5

SECOND PUBLICATION

Estate Notices

ESTATE OF JANE D. JURY, late of Halifax,Dauphin County, Pennsylvania (died May 5,2008). Personal Representatives: David G. Baker, 1693 N. River Road, Halifax, PA 17032and Jeannette L. Lebo, 905 Lenker Drive,Millersburg, PA 17061. Attorney: Dale K. Ketner,Esq., Shaffer & Engle Law Offices, 129 MarketStreet, Millersburg, PA 17061. a22-s5

ESTATE OF GARNETTA R. KNAPP, late ofDauphin County, Pennsylvania. Executrix:Roberta Walsh, 3828 Locust Lane, Harrisburg,PA 17109. Attorney: Carl G. Wass, Esq.,Caldwell & Kearns, P.C., 3631 North FrontStreet, Harrisburg, PA 17110. Telephone (717)232-7661. a22-s5

ESTATE OF RUTH R. HOPPES, late ofLower Paxton Township, Dauphin County,Pennsylvania (died July 21, 2008). Executor:Michael A. Hoppes. Attorney: Marielle F. Hazen,Esq., 2000 Linglestown Road, Suite 202,Harrisburg, PA 17110. a22-s5

ESTATE OF EMERY G. ALBERT a/k/aEMERY GARTH ALBERT, late of LondonderryTownship, Dauphin County, Pennsylvania (diedJuly 21, 2008). Executrix: Bonita Brehm, 6250Habersham Drive, Kernersville, NC 27284.Attorney: Stanley A. Smith, Esq., Rhoads &Sinon LLP, One South Market Square, P.O. Box1164, Harrisburg, PA 17108. a22-s5

ESTATE OF KATHLEEN THOMAS a/k/aKATHY THOMAS a/k/a KATHLEEN P.THOMAS, late of the Borough of Middletown,Dauphin County, Pennsylvania. Executrix:Maureen K. Smith, 1520 Weatherby Road,Woodbine, NJ 08272. Attorney: Mark E.Halbruner, Esq., Gates, Halbruner & Hatch, P.C.,1013 Mumma Road, Suite 100, Lemoyne, PA17043. a22-s5

ESTATE OF TAMMY A. LITTLE, late of the City of Harrisburg, Dauphin County,Pennsylvania (died June 2007). PersonalRepresentative: Marva Little, 1807 SusquehannaStreet, Harrisburg, PA 17102. a22-s5

ESTATE OF JAMES E. HACHTEN, late ofLower Paxton Township, Dauphin County,Pennsylvania. Executor: Thomas J. Hachten.Attorney: Michael L. Bangs, Esq., 429 South18th Street, Camp Hill, PA 17011. a15-a29

ESTATE OF RUDOLPH R. PETRINA, late ofthe Borough of Hummelstown, Dauphin County,Pennsylvania (died July 13, 2008). Executrix:Kathleen A. Rock, 194 Palmyra Road, Palmyra,PA 17078. Attorney: Jean D. Seibert, Esq., Wion,Zulli & Seibert, 109 Locust Street, Harrisburg,PA 17101. a15-a29

ESTATE OF DOROTHY ANN POORMANa/k/a DOROTHY A. POORMAN, late ofHarrisburg, Dauphin County, Pennsylvania (diedJuly 8, 2008). Executrix: Catherine J. Lindsey,405 North 48th Street, Harrisburg, PA 17111.Attorney: Paul Taneff, Esq., Ricci & Taneff, 4219Derry Street, Harrisburg, PA 17111. a15-a29

ESTATE OF ROLAND J. HOFFMAN, late ofGratz, Dauphin County, Pennsylvania (diedDecember 27, 2007). Personal Representative:Anna M. Hoffman, P.O. Box 129, Gratz, PA17030. Attorney: Jeffrey B. Engle, Esq., Shaffer& Engle Law Offices, 129 Market Street,Millersburg, PA 17061. a15-a29

ESTATE OF CARL E. HELMAN, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died June 23, 2008). Executrix: CarolA. Quick, 315 N. Front Street, Harrisburg, PA17101. Attorney: Jeffrey E. Piccola, Esq.,Boswell, Tintner, Piccola & Alford, 315 NorthFront Street, Post Office Box 741 Harrisburg, PA17108. a15-a29

THIRD PUBLICATION

Estate Notices

NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed with theCommonwealth of Pennsylvania, Department ofState, at Harrisburg, Pennsylvania on June 26,2008 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. 1444, No. 177, asamended and supplemented is: HDS HomeSolutions, Inc. 74 Harrison School Road,Grantville, PA 17028.

DUANE P. STONE, Esq.P.O. Box 696,

a29 Dillsburg, PA 17019

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 6, 2008, for a foreign cor-poration with a registered address in the state ofPennsylvania as follows: WORK GROUP INC.,c/o National Registered Agents, Inc.This corporation is incorporated under the lawsof the State of Delaware. The principal office islocated at 415 Madison Avenue, 14th Floor,New York, NY 10017. The corporation has beenqualified in Pennsylvania under the provisionsof the Business Corporation Law of 1988 asamended. a29

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania for SalemRadio Properties, Inc. on April 21, 2008. Theaddress of its principal office under the laws of itsjurisdiction is 4880 Santa Rosa Road, Camarillo,CA 93012. The address of its CommercialRegistered Office Provider is National RegisteredAgents, Inc. in the county of Dauphin. TheCorporation is filed in compliance with therequirements of the applicable provisions of 15Pa. C.S. 4124(b). a29

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN thatMetaBiomed, Inc. has been incorporated underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.

JOSHUA I. CHUNG, Esq.619 DeKalb Street

a29 Norristown, PA 19401

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with the Departmentof State of the Commonwealth of Pennsyl-vania on August 18, 2008, with respect to a proposed nonprofit corporation, The CovenantCommunity Corporation, which has beenincorporated under the Nonprofit CorporationLaw of 1988 of the Commonwealth ofPennsylvania. A brief summary of the purposesfor which said corporation is organized is: Tonurture the social and economic health of communities by encouraging and sup-porting economic and real estate development,community planning and community-orientededucation. a29

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed in the Department ofState of the Commonwealth of Pennsylvania, onthe 15th day of August, 2008, for the purpose ofincorporating a nonprofit corporation under thePennsylvania Nonprofit Corporation Law of1988. The name of the corporation isPennsylvania Leadership DevelopmentCenter, Inc. The purposes for which it has beenorganized are promotion of school leadershipthrough assessment, mentoring, training andevaluation, developing administrator certificationstandards and professional development pro-grams.

PAMELA J. MAYER, Esq.243 Adams Street

Johnstown, PA 15901a29 (814) 536-1144

NOTICE IS HEREBY GIVEN that aCertificate of Authority was filed in theDepartment of State of the Commonwealth ofPennsylvania for Berry Plastics Corporation.The address of its principal office under thelaws of its jurisdiction is c/o NationalRegistered Agents, Inc., 160 Greentree Drive,Suite 101, Dover, DE 19904. The CommercialRegistered Office Provider is NationalRegistered Agents, Inc. in Dauphin County. TheCorporation is filed in compliance with therequirements of the applicable provisions of 15Pa. C.S. 4124(b). a29

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA on July 9, 2008, for the purpose ofobtaining a Certificate of Incorporation of a pro-posed business corporation to be organized underthe Pennsylvania Nonprofit Corporation Law of1988.The name of the proposed corporation is:

Harrisburg Midtown Arts Center, Inc.The purpose for which it is to be or has beenorganized are: manage and operate an arts centerand promotion of the arts.

/s/ WILLIAM L. ADLER, Esq.Adler & Adler

P.O. Box 11933125 Locust Street

Harrisburg, PA 17108a29 (717) 234-3289

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a foreign businesscorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania for CraftInsurance Center, Inc., on 07/28/2008. Theaddress of its principal office under the laws ofthe jurisdiction in which it is incorporated is 823North Elm Street, Greensboro, NC 27401. Theregistered office for this business is: Nauman,Smith, Shissler & Hall, LLP, Dauphin County,PA. The corporation is filed in compliance withthe requirements of the applicable provision of 15PA.C.S. 4124. a29

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority was filed in theDepartment of State of the Commonwealth ofPennsylvania for RSS UNITED SALES, INC.The address of its principal office under the lawsof its jurisdiction is 10 E. Merrick Road, ValleyStream, NY 11580. The Commercial RegisteredOffice Provider is: United Corporate Services,Inc. in the County of Dauphin. The Corporationis filed in compliance with the requirements ofthe applicable provision of 15 Pa. C.S. 4124(b).

a29

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania atHarrisburg, for the purpose of obtaining aCertificate of Incorporation for a business corpo-ration organized under the Business CorporationLaw of 1988, Act of December 21, 1988, P.L.1444, No. 177, as amended.The name of the corporation is: National

Strategy Group, Inc.This notice is given pursuant to Section 1307 ofthe Business Corporation Law of 1988.

BRADLEY A. WALKERWalker & Associates, PC

2411 N. Front Streeta29 Harrisburg, PA 17110

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania, inHarrisburg, on August 15, 2008 for the purposeof obtaining a Certificate of Incorporation for anew business corporation organized under the Pa.Business Corporation Law of 1988, Act ofDecember 21, 1988, P.L. 1444, No. 177, 15Pa.C.S. Section 1101, et seq.The name of the new corporation is SEQ

Restaurants, Inc.

SHUMAKER WILLIAMS, P.C.P.O. Box 88

a29 Harrisburg, PA 17108

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for DAUPHIN COMPUTERS, INC., acorporation organized under the PennsylvaniaBusiness Corporation Law of 1988. a29

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 19,2008, 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: MCNEILL &WALKER, P.C. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 22, 2008, by THEINDECOR GROUP, INC., a foreign corpora-tion formed under the laws of the State of NewJersey, where its principal office is located at101 Paragon Drive, Montvale, NJ 07645, 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. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 20, 2008, by JonesLang LaSalle Brokerage, Inc., a foreign corpo-ration formed under the laws of the State ofTexas, where its principal office is located at c/oCorporation Service Company, Suite 1050, 701Brazos, Austin, TX 78701, 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. a29

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 18, 2008, by MDEInternational, Inc., a foreign corporation formedunder the laws of the State of Michigan, where itsprincipal office is located at G-4033 S. CenterRoad, Burton, MI 48519, 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. a29

NOTICE IS HEREBY GIVEN that theCertificate of Authority was filed on 7/31/2008for the purpose of obtaining a Certificate ofAuthority pursuant to the provisions of theBusiness Corporation Law of 1988, 15 Pa. C.S.Section 1101. The name of the corporation isMaxist Inc.The purpose for which the corporation is organ-ized is for computer consulting services. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 18, 2008, by MPHHotels, Inc., a foreign corporation formed underthe laws of the State of Illinois, where its princi-pal office is located at 490 East Route 22, NorthBarrington, IL 60010, 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. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 11, 2008, by AAAPITTSBURGH PROPERTIES, INC., a for-eign corporation formed under the laws of theState of Texas, where its principal office is locat-ed at 5949 Sherry Lane, Suite 1250, Dallas, TX75225, 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

deemed for venue and official publication pur-poses to be located at c/o CT CorporationSystem, Dauphin County. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 18, 2008, by BAESystems Manufacturing Technology Inc., aforeign corporation formed under the laws of theState of Florida, where its principal office islocated at 4032 Linden Avenue, Dayton, OH45432, 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 22, 2008, by Ridersfor Health, II, Inc., a foreign corporation formedunder the laws of the State of Maryland, where itsprincipal office is located at 260 East JeffersonStreet, Rockville, MD 20850, 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. a29

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 18, 2008, by EDCOGroup, Inc., a foreign corporation formed underthe laws of the State of Missouri, where its prin-cipal office is located at 10411 Clayton Road,Suite 211, St. Louis, MO 63131, for a Certificateof Authority 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. a29

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for MEDIGUARD, INC., a corporationorganized under the Pennsylvania BusinessCorporation Law of 1988. a29

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on August 20, 2008, byReachOut Healthcare America Ltd., a foreigncorporation formed under the laws of the Stateof Delaware, where its principal office is locat-ed at c/o Sentinel Capital Partners, 330 MadisonAvenue, 27th Floor, New York, NY 10017, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania shall be


FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that pursuant tothe provisions of Section 4129 of the BusinessCorporation Law of 1988, FALCON POWERCORPORATION, a corporation of the State ofCalifornia, with principal office located at 9405Arrowpoint Boulevard, Charlotte, NC 28273, andhaving a Commercial Registered Office Providerand county of venue as follows: CorporationService Company, Dauphin County, which onDecember 6, 1990, was granted a Certificate ofAuthority, to transact business in the Com-monwealth, intends to file an Application forTermination of Authority with the Department ofState. a29

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 4129 of the Business Corporation Law of 1988, COGENTRIX/SCRUBGRASS, INC., a corpo-ration of the State of Delaware, with principaloffice located at 9405 Arrowpoint Boulevard,Charlotte, NC 28273, and having a CommercialRegistered Office Provider and county of venueas follows: Corporation Service Company,Dauphin County, which on August 4, 1998, wasgranted a Certificate of Authority, to transactbusiness in the Commonwealth, intends to file anApplication for Termination of Authority with theDepartment of State. a29

NOTICE IS HEREBY GIVEN pursuant to theprovisions of Sec. 311 of the Act of Assembly ofDecember 16, 1982, as amended, 54 Pa.C.S.A.311, that an application for registration of a ficti-tious name was filed on August 5, 2008, with theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg for the conducting ofa business under the fictitious name of:BLEACHER BUMS, with its principal office orplace of business at: 4209 Little Run Road,Harrisburg, Pennsylvania 17110. The name andaddress of the persons owning or interested insaid business are: David B. Sklar and Daniel L.Sklar, 4209 Little Run Road, Harrisburg,Pennsylvania 17110.

JENNIFER B. HIPP, Esq.One West Main Street

a29 Shiremanstown, PA 17011

FIRST PUBLICATION

Fictitious Notices

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

CIVIL ACTION – LAWIN QUIET TITLE

No. 2008-CV-7270-QT

PHILIP J. DOBSON, Plaintiffvs.SARAH E. BRIEN, DOUGLASS W. LESNIAK and THE ESTATE OFCATHERINE IRENE THOMPSON, DECEASED, their personal representatives, heirs, legatees and assigns, Defendants

TO: The Estate of Catherine Irene Thompson, Deceased, her personal representatives, heirs, legatees and assigns generally

TAKE NOTICE, that Plaintiff has commenceda Quiet Title action against the Defendants namedabove relating to real estate in the Borough ofSteelton, Dauphin County, PA, described as fol-lows:

ALL THAT CERTAIN lot, piece or parcel ofland situate, lying and in the Borough of Steelton,County of Dauphin and State of Pennsylvania,and described as follows, to wit: Beginning at apoint on Second Street and the northwest line ofthe property of S. L. Pretz; thence along line ofsaid property of S. L. Pretz in an easterly direc-tion, 125 feet, more or less, to Third Street, nowcalled Third Alley; thence along said Third Streetin a northerly direction 130 feet, more or less, toline of land of the Pennsylvania Steel Co.; thencealong the line of said land in a westerly direction125 feet, more or less, to Second Street; thencealong said Second Street in a southerly direction44 feet, more or less, to the place of Beginning.Having thereon erected a dwelling house knownas: 109 North Second Street, Steelton,Pennsylvania. For title see Dauphin CountyRecord Book H, Volume 41, Page 312.

NOTICE

IF YOU WISH TO DEFEND, you must entera written appearance personally or by attorney

and file your defenses 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 without further notice for therelief 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.

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.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536a29


PENNSYLVANIA

No. 2008-CV-9408-NC

ASSIGNED TO: THE HONORABLE

JOSEPH H. KLEINFELTER

NOTICE IS HEREBY GIVEN that a Petitionfor Change of Name has been filed in the abovenamed Court, praying for a Decree to change thename of ANTHONY HOWARD NELSON toANTHONY HOWARD MORROW.

The Court has fixed the 23rd day ofSeptember, 2008 at 8:15 a.m., in Courtroom No.4 of the Dauphin County Courthouse, Front andMarket Streets, Harrisburg, Pennsylvania, as thetime and place for the hearing on said Petition,when and where all persons interested mayappear and show cause, if any they have, why theprayer of said Petition should not be granted.

/s/ JEFFREY PHILIP PAUL, Esq.124 East Chestnut Street

Lancaster, PA 17602a29 (717) 735-7545

FIRST PUBLICATION

Miscellaneous Notices


PENNSYLVANIA

CIVIL ACTION – LAW

No. 2008-CV-4787 QT

BA N. NGUYEN, Plaintiffvs.DOUGLAS R. LAUVER; JUDY R. HORVATH, MECHANICS SAVINGS BANK, CAPITAL ASSETRESEARCH CORP.; and CITY OF HARRISBURG, 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 opor abogado y archivar en la corte en forma escri-ta sus defenses o sus objeciones a las demandasen contra de su persona. Sea avisado que si ustedno 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. Sl 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 CONSEGUIR ASISTEN-CIA LEGAL.



(717) 232-7536

COMPLAINT TO QUIET TITLE

AND NOW come the Plaintiff, BA N.NGUEYN, by and through his attorney, Darrin C.Dinello, Esquire, and files this Complaint toQuiet Title as follows:

1. Plaintiff, BA N. NGUYEN, is an adultindividual with an address of 3608Ridgeway Road, Harrisburg, Pennsyl-vania 17109.

2. Defendant, DOUGLAS R. LAUVER, isan adult individual, with a last knownaddress of 3725 Old Township Road,Harrisburg, Pennsylvania 17111.

3. Defendant, JUDY R. HORVATH, is anadult individual, with a last knownaddress of 3725 Old Township Road,Harrisburg, Pennsylvania 17111.

4. Defendant, MECHANICS SAVINGSBANK, has an address of 51 S. FrontStreet, Harrisburg, Pennsylvania 17113.

FIRST PUBLICATION


5. Defendant, CAPITAL ASSETRESEARCH CORPORATION, formerlyknown as NATIONAL TAX FUNDING,LP, has an address of 3960 RCABoulevard, Suite 6002, Palm BeachGardens, Florida 33410.

6. Plaintiff is the owner of the propertyknown as 421 S. 13th Street, Harrisburg,Dauphin County, Pennsylvania(“Property”), previously sold as the prop-erty of Defendants, Douglas R. Lauverand Judy R. Horvath, by the Tax ClaimBureau of Dauphin County by Deed datedJuly 9, 2007 and recorded on July 16,2007 in the Office of the Recorder ofDeeds in and for Dauphin County,Pennsylvania, Instrument # 20070028205.(the “Plaintiff Deed”). A true and correctcopy of the Plaintiff Deed is attachedhereto and marked as Exhibit “A”.

7. Plaintiff believes and avers that all of therequirements of the Real Estate Tax SaleLa, Act of 1947, P.L. were fully compliedwith in the above referenced tax sale andthat said sale vested full and marketabletitle, free and clear of all liens and encum-brances, in the Plaintiff.

8. Plaintiff desires that the Defendants abovenamed be forever barred from assertingany right, lien, title or interest in and to theProperty known as 421 S. 13th Street,Harrisburg, Dauphin County, Penn-sylvania by reason of the Tax Sale, whichsale terminated all of the Defendants’right, lien, title or interest in and to theProperty.

WHEREFORE, showing the above, Plaintiffrespectfully requests this Honorable Court toenter a Decree as follows:

a. That Plaintiff, Ba N. Nguyen, is thelegal owner of the Property known as421 S. 13th Street, Harrisburg,Dauphin County, Pennsylvania; and

b. That the Defendants Douglas R.Lauver, Judy R. Horvath, MechanicsSavings Bank, Capital Asset Re-search Corporation and the City ofHarrisburg, and any persons or enti-ties claiming through them, are for-ever barred from asserting any right,lien, title or interest in and to 421 S.

13th Street, Harrisburg, DauphinCounty, Pennsylvania inconsistentwith the interest or claim of thePlaintiff.

c. That this Court enters such Ordersand Decrees as are necessary andconsistent with the granting of reliefas prayed for in this Complaint.

Date: 4/21/08 Respectfully Submitted,/s/ DARRIN C. DINELLO, Esq.

5405 Jonestown RoadSuite 101

Harrisburg, PA 17112a29 (717) 909-6730


PENNSYLVANIA


No. 2007-CV-12556-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTERESTTO WACHOVIA BANK, N.A. AS TRUSTEEOF MAST ALT TRST 2004-5, Plaintiffvs.EDWARD P. CASE andJOY A. CASE, Defendants

TO: EDWARD P. CASE and JOY A. CASE

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

ALL THAT following described lot of groundsituate, lying and being in STEELTON TOWN-SHIP, County of DAUPHIN, Commonwealth ofPennsylvania, bounded and limited as follows, towit:

NOTICE IS HEREBY GIVEN that your house(real estate) at 321 SOUTH 3RD STREET,STEELTON, PA 17113 is scheduled to be sold atthe Sheriff’s Sale on 10/9/2008 at 10:00 A.M., atthe DAUPHIN County Courthouse, to enforcethe Court Judgment of $43,374.54 obtained byU.S. BANK NATIONAL ASSOCIATION, ASTRUSTEE, SUCCESSOR-IN-INTEREST TOWACHOVIA BANK, N.A. AS TRUSTEE OFMAST ALT TRST 2004-5, (the mortgagee),against your Prop. sit. in the City of STEELTON,County of DAUPHIN, and State of Pennsylvania.

FIRST PUBLICATION


BEING PREMISES: 321 SOUTH 3RDSTREET, STEELTON, PA 17113.

IMPROVEMENTS consist of residential property.

SOLD as the property of EDWARD P. CASE,and JOY A. CASE.

TERMS OF SALE: The purchaser at the salemust take ten (10%) percent down payment of thebid price or of the Sheriff’s cost, whichever ishigher, at the time of the sale in the form of cash,money order or bank check. The balance must bepaid within ten (10) days of the sale or the pur-chaser will lose the down money.

THE HIGHEST AND BEST BIDDERSHALL BE THE BUYER.

LEGAL DESCRIPTION

ALL THAT CERTAIN piece or parcel of landsituate in the Borough of Steelton, County ofDauphin and State of Pennsylvania, being sevenand one-half (7-1/2) feet of Lot No. 9 and ten (10)feet of Lot No. (blank) in the plan of lots laid outby Rudolph F. Kelker in his third addition to theBorough of Steelton, bounded and described asfollows, to wit:

BEGINNING sixty-five (65) feet north of acorner of South Third Street and Cherry Alley ata point on said Third Street; thence in an easterlydirection and at right angles to said Third Streetone hundred (100) feet, more or less, toHyacynthe Avenue; thence along said HyacyntheAlley in a northerly direction seventeen and one-half (17-1/2) feet to a point and land formerlyowned by John G. Gurtner; thence along saidland formerly of John G. Gurtner in a westerlydirection one hundred (100) feet, more or less, toSouth Third Street; thence along said South ThirdStreet in a southerly direction seventeen and one-half (17-1/2) feet to the place of BEGINNING.

HAVING THEREON ERECTED a framedwelling house known and numbered as 321South Third Street, Steelton, Pennsylvania.

TITLE TO SAID PREMISES IS VESTED INEdward P. Case, III and Joy A. Case, h/w, byDeed from PA. Property Group, II, Inc., aPennsylvania Corporation, dated 02/27/2004,recorded 03/16/2004, in Deed Book 5409, page263.

PREMISES BEING: 321 SOUTH 3RDSTREET, STEELTON, PA 17113.

Tax Parcel No. 58-011-012.

DANIEL SCHMIEG, Esq.One Penn Center at Suburban Station

1617 John F. Kennedy BoulevardSuite 1400

Philadelphia, PA 19103a29 (215) 563-7000


PENNSYLVANIA


No. 2007-CV-3588-MF


AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiffvs.CYNTHIA LONG a/k/a CYNTHIA A. FEGUER, Defendant

TO: CYNTHIA LONG a/k/a CYNTHIA A. FEGUER


ALL THAT following described lot of groundsituate, lying and being in HARRISBURGTOWNSHIP, County of DAUPHIN,Commonwealth of Pennsylvania, bounded andlimited as follows, to wit:

NOTICE IS HEREBY GIVEN that your house(real estate) at 2404 JEFFERSON STREET,HARRISBURG, PA 17110 is scheduled to besold at the Sheriff’s Sale on 10/9/2008 at 10:00A.M., at the DAUPHIN County Courthouse, toenforce the Court Judgment of $50,485.59obtained by AMERICAN HOME MORTGAGESERVICING, INC., (the mortgagee), againstyour Prop. sit. in the City of HARRISBURG,County of DAUPHIN, and State of Pennsylvania.

BEING PREMISES: 2404 JEFFERSONSTREET, HARRISBURG, PA 17110.


SOLD as the property of CYNTHIA LONGa/k/a CYNTHIA A. FEGUER.

FIRST PUBLICATION




LEGAL DESCRIPTION

ALL THAT CERTAIN lot or piece of land sit-uate in the City of Harrisburg, Dauphin County,Pennsylvania, bounded and described as follows,to wit:

BEGINNING at a point on the Western line ofJefferson Street (formerly Six and a half Street),thirty-two feet, more or less Northward from theNorthern corner of Jefferson and Seneca Streetsat the center of the partition wall between housesNos. 2402 and 2404 Jefferson Street; thenceWestwardly through the center of said partitionwall, ninety feet, more or less, to an alley fourfeet wide; thence Northward along eastern line ofsaid alley, fourteen feet, more or less, to a point;thence Eastwardly by a line running through thecenter of the partition wall between houses Nos.2404 and 2406 Jefferson Street, ninety feet, moreor less, to Jefferson Street; thence Southwardlyalong the Western line of Jefferson Street four-teen feet, more or less to the place of BEGIN-NING.

TOGETHER with the use of said alley in com-mon with the owners and occupiers of other landabutting thereon.

HAVING THEREON ERECTED 2404Jefferson Street, Harrisburg, Pennsylvania.

TITLE TO SAID PREMISES IS VESTED INCynthia Long, married woman, by Deed fromPeter J. Bonnick, II, single man, dated07/31/2006, recorded 08/04/2006, in DeedMortgage Inst# 20060031562.

PREMISES BEING: 2404 JEFFERSONSTREET, HARRISBURG, PA 17110.






PENNSYLVANIA


No. 2007-CV-5250-MF


FIRST HORIZON HOME LOAN CORPORATION, Plaintiffvs.HOLLY E. GARDINER andJAMES A. GARDINER, Defendants

TO: JAMES A. GARDINER


ALL THAT following described lot of groundsituate, lying and being in TOWNSHIP, Countyof DAUPHIN, Commonwealth of Pennsylvania,bounded and limited as follows, to wit:

NOTICE IS HEREBY GIVEN that your house(real estate) at 324 BESSEMER STREET,STEELTON, PA 17113 is scheduled to be sold atthe Sheriff’s Sale on 10/9/2008 at 10:00 A.M., atthe DAUPHIN County Courthouse, to enforcethe Court Judgment of $37,381.13 obtained byFIRST HORIZON HOME LOAN CORPORA-TION, (the mortgagee), against your Prop. sit. inthe City of STEELTON, County of DAUPHIN,and State of Pennsylvania.

BEING PREMISES: 324 BESSEMERSTREET, STEELTON, PA 17113.


SOLD as the property of HOLLY E. GAR-DINER, JAMES A. GARDINER.



LEGAL DESCRIPTION

ALL THAT CERTAIN piece or parcel of land,situate in the Borough of Steelton, County ofDauphin, State of Pennsylvania, more particular-ly bounded and described as follows, to wit:

FIRST PUBLICATION


BEGINNING at a point on the southern line ofBessemer Street, a common corner of the north-east corner of the parcel of land herein conveyedand the northwest corner of a lot known as 326Bessemer Street, now or lately owned by RogerL. Splawn; thence south along a common lineseparating the latter said Lots, a distance of 60feet to a point, which point can now be identifiedby a wooden post set in the center of a commonwall along said line; thence west at a right angleto said line and parallel with Bessemer Street, adistance of 20 feet to a point in a common lineseparating the land herein conveyed and a line ofland known as 323 Lincoln Street; thence northalong the latter common line, a distance of 60 feetto a point along the southern line of BessemerStreet; thence at right angles to the latter line,along said Bessemer Street, a distance of 20 feetto a point; the place of BEGINNING.

HAVING thereon erected a two story, two ten-ant, block apartment house commonly known as324 Bessemer Street, Steelton, Pennsylvania.

TITLE TO SAID PREMISES IS VESTED INHolly E. Gardiner and James A. Gardiner, herhusband, by Deed from Richard E. Williams,married man and Nancy Portland Lee-Williams,single woman, dated 03/05/2004, recorded03/29/2004, in Deed Book 5425, page 413.

PREMISES BEING: 324 BESSEMERSTREET, STEELTON, PA 17113.






PENNSYLVANIA


No. 2008-CV-5518-MF


WM SPECIALTY MORTGAGE, LLC,Plaintiffvs.DENISE B. SCOTT, Mortgagor and RealOwner, Defendant

TO: DENISE B. SCOTT, MORTGAGORAND REAL OWNER, Defendant,whose last known address is 203 Muench StreetHarrisburg, PA 17102

THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING

TO COLLECT A DEBTOWED TO OUR CLIENT.

ANY INFORMATION OBTAINED FROM YOU WILL BE USED

FOR THE PURPOSE OF COLLECTING THE DEBT.

NOTICE IS HEREBY GIVEN that you arehereby notified that Plaintiff, WM SPECIALTYMORTGAGE, LLC, has filed a MortgageForeclosure Complaint endorsed with a notice todefend against you in the Court of Common Pleasof Dauphin County, Pennsylvania, docketed toNo. 2008-CV-5518-MF, wherein Plaintiff seeksto foreclose on the mortgage secured on yourproperty located, 203 Muench Street, Harrisburg,PA 17102, whereupon your property will be soldby the Sheriff of Dauphin 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 any

FIRST PUBLICATION


money 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.


MID PENNLEGAL SERVICES

213-A North Front StreetHarrisburg, PA 17101

(717) 232-0581



(717) 232-7536

MICHAEL T. MCKEEVER, Esq.Goldbeck McCafferty & McKeever, P.C.Suite 5000, Mellon Independence Center

701 Market StreetPhiladelphia, PA 19106-1532

a29 (215) 627-1322


PENNSYLVANIA


No. 2318-S


HARBOURTON MORTGAGE CO., LP F/K/A PLATTE VALLEY FUNDING, LP,Plaintiffvs.CLEVELAND MARTIN, Mortgagor and Real Owner, Defendant

TO: CLEVELAND MARTIN, MORTGAGOR AND REAL OWNER, Defendant whose last known address is 1738 Herr Street Harrisburg, PA 17103





YOU ARE HEREBY NOTIFIED thatPlaintiff, HARBOURTON MORTGAGE CO.,LP F/K/A PLATTE VALLEY FUNDING, LP,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. 2318-S, whereinPlaintiff seeks to foreclose on the mortgagesecured on your property located, 1738 HerrStreet, Harrisburg, PA 17103, whereupon yourproperty 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, you must take action within twenty(20) days after the Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with thecourt your defenses or objections to the claims setforth against you. You are warned that if you failto do so the case may proceed without you and a

FIRST PUBLICATION


judgment may be entered against you by theCourt without further notice for any money claimin the Complaint or for any other claim or reliefrequested by the Plaintiff. You may lose moneyor property or other rights important to you.





(717) 232-0581



(717) 232-7536



a29 (215) 627-1322


PENNSYLVANIA


No. 2008 CV 6266 MF


COUNTRYWIDE HOME LOANS, INC.,Plaintiffvs.JOSHUA M. BOYER, Mortgagor and Real Owner, Defendant

TO: JOSHUA M. BOYER, MORTGAGOR AND REAL OWNER, Defendant, whose last known address is 601 Saint Mary’s DriveSteelton, PA 17113





YOU ARE HEREBY NOTIFIED thatPlaintiff, COUNTRYWIDE HOME LOANS,INC., has filed a Mortgage ForeclosureComplaint endorsed with a notice to defendagainst you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed to No.2008 CV 6266 MF, wherein Plaintiff seeks toforeclose on the mortgage secured on your prop-erty located, 601 Saint Mary’s Drive, Steelton,PA 17113, whereupon your property will be soldby the Sheriff of Dauphin 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 you

FIRST PUBLICATION


by 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.





(717) 232-0581



(717) 232-7536



a29 (215) 627-1322


PENNSYLVANIA


No. 2008-CV-3895 MF


WASHINGTON MUTUAL BANK, AS SUCCESSOR-IN-INTERESTTO LONG BEACH MORTGAGE BY OPERATION OF LAW, Plaintiffvs.STEPHEN G. OTSTOT, Mortgagorand Real Owner, Defendant

TO: STEPHEN G. OTSTOT, MORTGAGOR AND REALOWNER, DEFENDANT, whose last known address is 773 Church StreetMillersburg, PA 17061





YOU ARE HEREBY NOTIFIED thatPlaintiff, WASHINGTON MUTUAL BANK, ASSUCCESSOR-IN-INTEREST TO LONGBEACH MORTGAGE BY OPERATION OFLAW, has filed a Mortgage ForeclosureComplaint endorsed with a notice to defendagainst you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed to No.2008-CV-3895 MF wherein Plaintiff seeks toforeclose on the mortgage secured on your prop-erty located, 773 Church Street, Millersburg, PA17061, whereupon your property will be sold bythe Sheriff of Dauphin County.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thefollowing, you must take action within twenty(20) days after the Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with thecourt your defenses or objections to the claims set

FIRST PUBLICATION


forth against you. You are warned that if you failto do so the case may proceed without you and ajudgment may be entered against you by theCourt without further notice for any money claimin the Complaint or for any other claim or reliefrequested by the Plaintiff. You may lose moneyor property or other rights important to you.





(717) 232-0581



(717) 232-7536



a29 (215) 627-1322


PENNSYLVANIA


No. 2008-CV-939-MF


COUNTRYWIDE HOME LOANS INC.,Plaintiffvs.WENDY J. STUTZMAN and KEVIN L. STUTZMAN Mortgagorand Real Owner, Defendants

TO: WENDY J. STUTZMAN and KEVIN L. STUTZMAN, MORTGAGOR AND REALOWNER, Defendants, whose last known address is 806 Butler DriveMiddletown, PA 17057





YOU ARE HEREBY NOTIFIED thatPlaintiff, COUNTRYWIDE HOME LOANSINC., has filed a Mortgage ForeclosureComplaint endorsed with a notice to defendagainst you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed to No.2008-CV-939-MF, wherein Plaintiff seeks toforeclose on the mortgage secured on your prop-erty located, 806 Butler Drive, Middletown, PA17057, whereupon your property will be sold bythe Sheriff of Dauphin 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 without

FIRST PUBLICATION


you 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.





(717) 232-0581



(717) 232-7536



a29 (215) 627-1322


PENNSYLVANIA


No. 2008-CV-05144-MF


DEUTSCHE BANK NATIONAL TRUSTCOMPANY, F/K/A BANKERS TRUSTCOMPANY OF CALIFORNIA, N.A., AS TRUSTEE, IN TRUST FOR REGISTERED HOLDERS OFAMERIQUEST MORTGAGE SECURITIES INC., SERIES 2001-A,Plaintiffvs.HENI-IRIS KAYE f/k/a HENI-IRIS MOREHEAD, Mortgagor andReal Owner, Defendant

TO: HENI-IRIS KAYE f/k/a HENI-IRIS MOREHEAD, MORTGAGOR AND REAL OWNER, DEFENDANT, whose last known address is 1135 Red Hill RoadDauphin, PA 17018

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, DEUTSCHE BANK NATIONALTRUST COMPANY, F/K/A BANKERS TRUSTCOMPANY OF CALIFORNIA, N.A., ASTRUSTEE, IN TRUST FOR REGISTEREDHOLDERS OF AMERIQUEST MORTGAGESECURITIES INC., SERIES 2001-A, has filed aMortgage Foreclosure Complaint endorsed witha notice to defend against you in the Court ofCommon Pleas of Dauphin County,Pennsylvania, docketed to No. 2008-CV-05144-MF, wherein Plaintiff seeks to foreclose on themortgage secured on your property located, 1135Red Hill Road, Dauphin, PA 17018, whereuponyour property will be sold by the Sheriff ofDauphin County.

FIRST PUBLICATION


NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thethis notice, you must take action within twenty(20) days after the Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with thecourt your defenses or objections to the claims setforth against you. You are warned that if you failto do so the case may proceed without you and ajudgment may be entered against you by theCourt without further notice for any money claimin the Complaint or for any other claim or reliefrequested by the Plaintiff. You may lose moneyor property or other rights important to you.





(717) 232-7536

MIDPENN LEGAL SERVICES213-A North Front Street

Harrisburg, PA 17101(717) 232-0581



a29 (215) 627-1322


PENNSYLVANIA


No. 2008 CV 07734 MF


DEUTSCHE BANK NATIONALTRUST COMPANY, AS INDENTURE TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OFARGENT MORTGAGE LOAN TRUST 2005-WI ASSET-BACKED NOTES SERIES 2005-W1, Plaintiffvs.RACHEL MUKORA, Mortgagorand Real Owner, Defendant

TO: RACHEL MUKORA, MORTGAGORAND REAL OWNER, DEFENDANT,whose last known address is 5041 Haverford RoadApartment AHarrisburg, PA 17109

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, DEUTSCHE BANK NATIONALTRUST COMPANY, AS INDENTURETRUSTEE IN TRUST FOR THE REGISTEREDHOLDERS OF ARGENT MORTGAGE LOANTRUST 2005-W1 ASSET-BACKED NOTESSERIES 2005-W1, has filed a MortgageForeclosure Complaint endorsed with a notice todefend against you in the Court of Common Pleasof Dauphin County, Pennsylvania, docketed toNo. 2008 CV 07734 MF, wherein Plaintiff seeksto foreclose on the mortgage secured on yourproperty located, 1840 Holly Street, Harrisburg,PA 17104, whereupon your property will be soldby the Sheriff of Dauphin County.

FIRST PUBLICATION


NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thefollowing, you must take action within twenty(20) days after the Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with thecourt your defenses or objections to the claims setforth against you. You are warned that if you failto do so the case may proceed without you and ajudgment may be entered against you by theCourt without further notice for any money claimin the Complaint or for any other claim or reliefrequested by the Plaintiff. You may lose moneyor property or other rights important to you.





(717) 232-7536

MIDPENN LEGAL SERVICES213-A North Front Street

Harrisburg, PA 17101(717) 232-0581



a29 (215) 627-1322


PENNSYLVANIA


No. 2008-CV-08362-MF


BANK OF AMERICA, N.A., Plaintiffvs.ZEREMARIAM ANDEMICHAEL,Defendant

TO: ZEREMARIAM ANDEMICHAEL,DEFENDANT, whose last known addresses are 2138 North Second StreetHarrisburg, PA 17110

and

6037 Devonshire RoadHarrisburg, PA 17112

COMPLAINT IN MORTGAGE FORECLOSURE

YOU ARE HEREBY NOTIFIED thatPlaintiff, BANK OF AMERICA, N.A., has fileda Mortgage Foreclosure Complaint endorsedwith a Notice to Defend, against you in the Courtof Common Pleas of Dauphin County,Pennsylvania, docketed to No. 2008-CV-08362-MF, wherein Plaintiff seeks to foreclose on themortgage secured on your property located, 6037Devonshire Road, Harrisburg, PA 17112, where-upon your property would be sold by the Sheriffof Dauphin County.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thenotice above, you must take action within twenty(20) days after this Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with theCourt your defenses or objections to the claimsset forth against you. You are warned that if youfail to do so the case may proceed without youand a 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.

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 THEINFORMATION 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) 232-7536

MARK J. UDREN, Esq.Udren Law Offices, P.C.

111 Woodcrest Road, Suite 200Cherry Hill, NJ 08003

a29 (856) 482-6900


PENNSYLVANIA


No. 2008-CV-8363-MF


WELLS FARGO BANK, N.A., AS TRUSTEE FOR ABFC 2004-OPT5TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2004-OPT5,Plaintiffvs.VICTOR A. BRUBACHER, JR.and TARA BRUBACHER, Defendants

TO: VICTOR A. BRUBACHER, JR.,DEFENDANT, whose last known address is 538 North 2nd StreetSteelton, PA 17113

COMPLAINT IN MORTGAGE FORECLOSURE

YOU ARE HEREBY NOTIFIED thatPlaintiff, WELLS FARGO BANK, N.A., ASTRUSTEE FOR ABFC 2004-OPT5 TRUST,ABFC ASSET-BACKED CERTIFICATES,SERIES 2004-OPT5, has filed a MortgageForeclosure Complaint endorsed with a Notice toDefend, against you in the Court of CommonPleas of Dauphin County, Pennsylvania, docket-ed to No. 2008-CV-8363-MF, wherein Plaintiffseeks to foreclose on the mortgage secured onyour property located, 538 North 2nd Street,Steelton, PA 17113, whereupon your propertywould be sold by the Sheriff of Dauphin County.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend against the claims set forth in thenotice above, you must take action within twenty(20) days after this Complaint and Notice areserved, by entering a written appearance person-ally or by attorney and filing in writing with theCourt your defenses or objections to the claimsset forth against you. You are warned that if youfail to do so the case may proceed without youand a 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 GO TO OR TELEPHONETHE OFFICE SET FORTH BELOW. THISOFFICE CAN PROVIDE YOU WITH THEINFORMATION 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) 232-7536

MARK J. UDREN, Esq.Udren Law Offices, P.C.

111 Woodcrest Road, Suite 200Cherry Hill, NJ 08003

a29 (856) 482-6900

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, September 16, 2008.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,September 9, 2008.

1. GOOD, CATHARINE E., Deceased, Firstand Final Account of John Linn Good,Trustee (Trust Under Will F/B/O Daniel,Good).

2. KAUFFMAN, BETTY J., Deceased, Firstand Final Account of Steve C. Nicholas,Executor.

3. LEBO, CARRIE E., Deceased, First andFinal Account of James J. Lebo, Executor.

4. WOODWARD, MARTHA EUNICE, anIncapacitated Person, First and FinalAccount of Crystal L. Newkirk, Guardian.

Dated: August 8, 2008/s/ SANDRA C. SNYDER

Register of Wills anda22-a29 Clerk of the Orphans’ Court Division

SECOND PUBLICATION


Printing The Dauphin CountyReporter every week for nearly 100 years

Graphic DesignInvitations

AnnouncementsLegal Briefs

Legal BackersBusiness CardsBusiness Forms

EnvelopesMulti Color PrintingBindery & more...

1424 Herr StreetHarrisburg, PA 17103

Toll Free1-888-883-2598

Phone232-0541

Fax232-7458

Quality PrintingSince 1893

Alcohol or Other Drugs a Problem?

Help is Onlya Phone Call Away

LAWYERS CONFIDENTIAL HELP-LINE1-888-999-1941

24 Hours ConfidentialA Service Provided byLawyers Concerned for

Vol. 124 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

Centric Bank, Schmitt v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Commonwealth v. Montelione . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Kelly Systems, Inc. v. Koda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Koda, Kelly Systems, Inc. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Montelione, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Schmitt v. Centric Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

CONSIDERAN ALTERNATE

ROUTE:

Dauphin County Bar Association

Civil Dispute Resolution Program

TRIALAHEAD?

CCAALLLL((771177)) 223322--77553366FFOORR DDEETTAAIILLSS

TRIALAHEAD?

BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

Craig A. Longyear Renee Mattei MyersPresident President-Elect

James P. DeAngelo John D. SheridanVice President Treasurer

Elizabeth “Liesl” Beckley Thomas E. BrennerSecretary Past President

Edward F. Spreha, Jr. Pamela L. PurdyYoung Lawyers’ Chair Young Lawyers’ Vice Chair

William L. Adler Theresa B. MaleJacqueline Bedard Peter V. Marks, Sr.

C. Grainger Bowman Pamela C. PolacekRobert E. Chernicoff Adam M. Shienvold

Scott B. Cooper Jason M. WeinstockS. Barton Gephart Lisa M. Woodburn

Herbert Corky Goldstein John R. ZonarichDarren J. Holst

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

AUGUST 2008 Judge Lawrence F. CLARK, JR.SEPTEMBER 2008 Judge John F. CHERRY

Opinions Not Yet ReportedJuly 31, 2008 – Hoover, J., Estrada v. Olt, et al. (2004 CV 4890 CV)July 21, 2008 – Hoover, J., Commonwealth v. Hosby (4975 CR 2006)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

Opinions Not Yet Reported

August 5, 2008 – Kleinfelter, J., Pennswood Apartments, L.P. v. Keystone ServiceSystems, Inc. (2007 CV 13485 ML)

_______o_______

ATTORNEY — Family & Civil Law Harrisburg firm seeks full-time Attorneywith significant (5+ years) experience primarily in family and civil law. Criminal lawexperience also helpful. The successful candidate will have courtroom experience incentral Pennsylvania Courts and be a hard-working professional with strongacademic credentials. Federal Court experience also beneficial. Compensationcommensurate with experience. Employee benefit package includes companysponsored retirement and health plan. Interested applicants should submit aconfidential resume with salary requirements to Sharon Bond, Firm Administrator,Scaringi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110,or email Sharon@ scaringilaw.com. a15-a29

PARALEGAL SEEKING EMPLOYMENT — I am an organized, hardworker and quick learner who is eager to enter the paralegal field. I have aninvolvement with the legal system and possess strong computer skills. I graduatedfrom Shippensburg University with a B.A. in Sociology. Please email Hugh at:[email protected] so I can provide you with my complete resume. a22-s5

LEGAL SECRETARY — Personal injury law firm seeking secretary who iscapable of handling a high volume of transcription and secretarial duties.WordPerfect and legal experience preferred. Send resume and salary requirements toBecky Voras, 1300 Linglestown Road, 2nd floor, Harrisburg, PA 17110 or e-mail to:[email protected]. a22-a29

Municipal CLE Opportunity!Earn up to 3 CLE credits at the PA Municipal Authorities Association

Annual Conference at the Hershey Lodge on Monday, Sept. 8, 2008.

Lunch, 3 CLE Credits & Exhibit Hall Reception all at one low price!

PMAA Members-$95/Non-members-$125

Contact: [email protected] to register

a22-a29



ATTORNEY POSITION

The Pennsylvania Public Utility Commission has a full-time attorney positionavailable in the Office of Special Assistants in Harrisburg.

ATTORNEY 3

This is an attorney position responsible for reviewing the RecommendedDecision of the Administrative Law Judge, the exceptions filed thereto by variousparticipating parties, the briefs and reply briefs filed with the Administrative LawJudge by various participating parties and selected exhibits, portions of prepareddirect testimony and the transcripts of cross examination thereon, Analyzes the issuesinvolved, proposes a resolution to his/her supervisor of those issues consistent withapplicable court decision, prior Commission decision, and sound regulatory practiceand policy. Requirements include three years of progressively responsibleprofessional legal experience, with some experience in highly responsible andcomplex professional legal work, and graduation from an accredited school of lawand possession of a certificate of admission to the Bar of the Supreme Court ofPennsylvania; or eligibility for such certification. Based on experience, the salaryrange is $60,969 to $92,675.

Applicants should submit a resume to:

Susan SchoenbergerHuman Resource OfficePa. Public Utility CommissionP.O. Box 32653rd Floor, Keystone BuildingHarrisburg, PA 17105-3265

(717) 787-8714FAX (717) 772-3177Email: [email protected]

Applications for this position must be received no later than Friday, August 29,2008. The list of essential functions for this position is available from the HumanResource Office, upon request. The Pennsylvania PUC is an equal opportunityemployer. a22-a29



ATTORNEY POSITION

The Pennsylvania Public Utility Commission has a full-time attorney positionavailable in the Office of Special Assistants in Harrisburg.

ATTORNEY 2

This is an attorney position responsible for the analysis and review ofapplication, complaint, and investigation cases pending final decision, involving allutilities, and the preparation of reports to the Commissioners summarizing the caserecord and recommending Commission action. Writes opinions, orders andrulemakings as requested and researches specific issues of administrative andregulatory law as related to issues presented in each case and recommends actionsconsistent with statutory law and applicable precedent. Requirements include twoyears of progressively responsible experience in professional legal work andgraduation from an accredited school of law and possession of a certificate ofadmission to the Bar of the Supreme Court of Pennsylvania; or eligibility for suchcertification. Based on experience, the salary range is $53,438 to $81,194.

Applicants should submit a resume to:

Susan SchoenbergerHuman Resource OfficePa. Public Utility CommissionP.O. Box 32653rd Floor, Keystone BuildingHarrisburg, PA 17105-3265

(717) 787-8714FAX (717) 772-3177Email: [email protected]

Applications for this position must be received no later than Friday, August 29,2008. The list of essential functions for this position is available from the HumanResource Office, upon request. The Pennsylvania PUC is an equal opportunityemployer. a22-a29

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

Dauphin County Reporter

Documents

Transcript of Dauphin County Reporter