the dauphin county reporter2007/02/23 · dauphin county reporter (usps 810-200) a weekly journal...

ADVANCE SHEET

THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5594, Vol. 123 February 23, 2007 No. 47

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

Erie Insurance Group v. Turner 298Bar Association Page Inside Back Cover

Pages 298-300

36 Years in Harrisburg

THEDAUPHIN COUNTY REPORTER

Edited and Publishedby the

DAUPHIN COUNTY BARASSOCIATION

213 North Front StreetHarrisburg, PA 17101-1493

(717) 232-7536____________DONALD MORGAN

Executive DirectorJOYCE TAMBOLAS

Administrative AssistantBRIDGETTE L. HILBISH

Office Assistant___________Printed by

KURZENKNABE PRESS1424 Herr St., Harrisburg, PA 17103

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

TERMSFor NON-MEMBERS of the

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

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

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

Telephone (717) 232-7536

Estate Notices

DECEDENTS ESTATES

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

FIRST PUBLICATION

ESTATE OF HILDA V. REBUCK, late ofMillersburg Borough, Dauphin County, Penn-sylvania. Executrix: Mary L. Peters, P.O. Box118, Elizabethville, PA 17023. Attorney: GregoryM. Kerwin, Esq., Kerwin & Kerwin, 4245 Route209, Elizabethville, PA 17023. f23-m9

ESTATE OF ROBERT L. KRAFT, late ofDauphin, Dauphin County, Pennsylvania (diedDecember 21, 2006). Executrix: R. MichaelKraft, 1301 Red Hill Road, Dauphin, PA 17108.Attorney: Susan E. Lederer, Esq., 4811Jonestown Road, Suite 226, Harrisburg, PA17109. f23-m9

ESTATE OF WILLIAM STICKLEY, late ofHarrisburg, Dauphin County, Pennsylvania.Attorney: Carl G. Wass, Esq., Caldwell &Kearns, 3631 North Front Street, Harrisburg, PA17110. Phone (717) 232-7661. f23-m9

ESTATE OF SAMUEL MARK KLINE, late ofMiddletown Borough, Dauphin County, Penn-sylvania (died January 9, 2007). Executrix:Cynthia A. Santoro, 403 S. Wood Street,Middletown, PA 17057. Attorney: Kendra A.Mohr, Esq., Pannebaker & Mohr, P.C., 4000 VineStreet, Middletown, PA 17057. Phone (717) 944-1333. f23-m9

ESTATE OF DOROTHY A. MESSIMER, lateof Lower Paxton Township, Dauphin County,Pennsylvania. Executor: Jesse D. Messimer, 6230Parkway East, Harrisburg, PA 17112. Attorney:Scott W. Morrison, Esq., 6 West Main Street, P.O.Box 232, New Bloomfield, PA 17068. f23-m9

ESTATE OF JOYCE C. BERGHAUS a/k/aJOY BERGHAUS, late of Middle PaxtonTownship, Dauphin County, Pennsylvania (diedFebruary 2, 2007). Executor: V. HummelBerghaus, IV. Attorney: Stephanie Kleinfelter,Esq., Keefer Wood Allen & Rahal, LLP, 635 N.12th Street, Suite 400, Lemoyne, PA 17043.

f23-m9

ESTATE OF RICHARD B. SPANGLER, SR.a/k/a RICHARD B. SPANGLER a/k/aRICHARD SPANGLER, late of Harrisburg,Dauphin County, Pennsylvania (died June 1,2006). Executrix: Cheryl Elaine Holliday, 6270Bedford Street, Harrisburg, PA. Attorney: PaulTaneff, Esq., Ricci & Taneff, 4219 Derry Street,Harrisburg, PA 17111. f23-m9

ESTATE OF WILLIAM C. FRASER, late ofDerry Township, Dauphin County, Pennsylvania(died January 21, 2007). Executrix: Brenda F.Kephart, 95 JMR Circle, Hershey, PA 17033.

f23-m9

ESTATE OF CARRIE A. LEBO, late of UpperPaxton Township, Dauphin County, Pennsylvania(died January 31, 2007). Co-Executors: BradReinoehl, 440 Maple Avenue, P.O. Box 116,Tower City, PA 17980; Ronald R. Reinoehl, 247South Fifth Street, Tower City, PA 17980 andJoseph D. Kerwin, Esq., 4245 Route 209,Elizabethville, PA 17023. Attorney: Joseph D.Kerwin, Esq., 4245 Route 209, Elizabethville, PA17023. f23-m9

SECOND PUBLICATION

ESTATE OF CAROLYN B. GONGLOFFa/k/a CAROLYN GONGLOFF, late of DerryTownship, Dauphin County, Pennsylvania (diedJanuary 3, 2007). Executrix: Ruth Ann Dennison.Attorney: George W. Porter, Esq., 909 EastChocolate Avenue, Hershey, PA 17033. f16-m2

ESTATE OF BERTHA I. MCCAHAN, late ofHarrisburg, Dauphin County, Pennsylvania (diedJanuary 22, 2007). Executor: Donald R.McCahan, 2017 Schoolhouse Road, Middletown,PA 17057. Attorney: Kendra A. Mohr, Esq.,Pannebaker & Mohr, P.C., 4000 Vine Street,Middletown, PA 17057. Phone (717) 944-1333.

f16-m2

ESTATE OF THOMAS E. TROSKO, late ofHarrisburg, Dauphin County, Pennsylvania.Executrix: Mariella Trosko, 1660 Parkway West,Harrisburg, PA 17112. Attorney: Howard B.Krug, Esq., Purcell, Krug & Haller, 1719 NorthFront Street, Harrisburg, PA 17102. f16-m2

FIRST PUBLICATION

Estate Notices

ESTATE OF WILLIAM W. LOVE, late ofSwatara Township, Dauphin County, Pennsyl-vania (died January 24, 2007). Executor: HowardB. Krug, Esq., 1719 North Front Street,Harrisburg, PA 17102. Attorney: Jill M. Wineka,Esq., Purcell, Krug & Haller, 1719 North FrontStreet, Harrisburg, PA 17102. f16-m2

ESTATE OF MARY LOU DOYLE, late ofSusquehanna Township, Dauphin County, Penn-sylvania (died January 23, 2007). Executrix:Barbara Joanne Delaney, 4202 Prosperous Drive,Harrisburg, PA 17112. Attorney: James G.Morgan, Jr., Esq., Tucker Arensberg, P.C., P.O.Box 889, Harrisburg, PA 17108-0889. f16-m2

ESTATE OF EDNA RUBENSTEIN a/k/aEDNA ESTHER RUBENSTEIN, late of LowerPaxton Township, Dauphin County, Pennsyl-vania. Executrix: Renee Freeman Jacobson.Attorney: Thomas E. Flower, Esq., Saidis,Flower & Lindsay, 2109 Market Street, CampHill, PA 17011. Phone (717) 737-3405. f16-m2

ESTATE OF SIGRID E. WELSH, late ofHarrisburg, Dauphin County, Pennsylvania.Executrix: Madeleine DeHart, 275 DogwoodDrive, Hummelstown, PA 17036. Attorney:Charles J. DeHart, III, Esq., Caldwell & Kearns,13 East Main Street, Hummelstown, PA 17036.

f16-m2

ESTATE OF JOSEPH C. HARMAN, late ofthe Borough of Williamstown, Dauphin County,Pennsylvania (died January 23, 2007). Co-Executors: Scott J. Harman, #102-843 MelissaCourt, Enola, PA 17025 and Sarina R. Schaeffer,80 Oak Ridge Drive, Halifax, PA 17032.Attorney: Joseph D. Kerwin, Esq., Kerwin &Kerwin, 4245 Route 209, Elizabethville, PA17023. f16-m2

ESTATE OF HENRY L. SPRANDEL, late ofSwatara Township, Dauphin County, Pennsyl-vania (died January 7, 2007). Executor: Henry A.Sprandel, 1107 Hunters Chase Lane, Lebanon,PA 17046. Attorney: Jill M. Wineka, Esq.,Purcell, Krug & Haller, 1719 North Front Street,Harrisburg, PA 17102. f16-m2

298 DAUPHIN COUNTY REPORTS [123 Dauph.

Erie Insurance Group v. Turner

Defendant objects to the bolded language as constituting false anddefamatory “fighting words.” Inasmuch as such language has no legiti-mate place in any pleading, this language must be stricken. Pa.R.C.P.1028(a)(2) (inclusion of scandalous or impertinent matter).

Accordingly, we enter the following:

ORDERAND NOW, this 5th day of January 2007, in consideration of

Defendant’s preliminary objections to Plaintiff’s Answer to New Matter,it is directed that Defendant’s preliminary objections are SUSTAINEDand the final sentence of Paragraph 17 in Plaintiff’s Answer to NewMatter is stricken.

_______o_______


Practice — Pleading — Settlement Agreement — Judgment Note — Enforcement.

The Court dismissed Plaintiff’s motion to enforce a settlement agree-ment where the instrument had not been entered of record as part of anorder of court.

1. Parties who settle their differences through negotiation and thereafter reduce theiragreement to contract form may sue on the contract for an alleged breach thereof.

2. Where the parties have settled their case outside of court and reduced that settlementto a judgment note (or some other contractual instrument), they are obliged to proceed onthat contract.

3. When instruments of indebtedness contain a confession of judgment provision, thePennsylvania Rules of Civil Procedure provide a process for confession of judgment.Pa.R.C.P. 2951(b).

Motion to Enforce Settlement Agreement. C.P., Dau. Co., No. 1999CV 2180. Motion dismissed.

Thomas E. Brenner, for Plaintiff

John Lowman, pro se.

KLEINFELTER, J., February 8, 2007. – The court has been presentedwith a pleading captioned “Erie Insurance Group and Mildred Polaner’sMotion to Enforce Settlement Agreement.” For the reasons which fol-low, we are obliged to dismiss the motion sua sponte.

298 (2007)] DAUPHIN COUNTY REPORTS 299


The underlying dispute arises from an automobile collision whichoccurred in the City of Harrisburg on November 13, 1997. A complaintwas filed in district justice court and, on May 12, 1999, judgment wasentered in favor of plaintiffs in the amount of $6,841.29. Defendantsfiled Notice of Appeal on May 24, 1999.

Pursuant to a rule to file a complaint, plaintiffs did so on July 22,1999; and, because of the amount in controversy, the case proceededon a Rule of Reference for Arbitration dated July 31, 2000. The arbi-tration hearing was scheduled for September 26, 2000. The Report andAward of Arbitrators issued September 26, 2000, advises that judg-ment was entered “in favor of Defendant John Lowman. The claimagainst Harriet Turner is settled.” The terms of such settlement do notappear of record.

The present “motion to enforce settlement agreement” avers thatprior to September 26, 2000, the parties entered into a settlementagreement – although the motion also avers that “the terms of the set-tlement (were) reached October 20, 2000.” As evidence of the settle-ment agreement, plaintiffs attached to their motion a “Judgment Note”signed October 20, 2000. The principal amount of this note is$6,987.04 which is to be paid in monthly installments of $25.00. Thenote makes reference to the claims arising from the accident onNovember 13, 1997. The note also provides that, when payments total-ing $5,252.75 ($100.00 + $4,900 + $252.75) are received, “the remain-der of obligation will be forgiven and this Note market satisfied.”Otherwise, the full amount of the note would be due. The note alsocontained standard confession of judgment provisions.

The motion now before us contains no averment of payments made(amount and date) and no averment of a balance due. It simply aversthat defendant has ceased payments and asks the court to enter an order“enforcing the terms of the signed agreement” and to enter “judgmentagainst John Lowman.”

We would first note that we know of no legal remedy which wouldconfer jurisdiction on a court to enforce a settlement agreement thathas not been entered of record as part of an order of court. Parties whosettle their differences through negotiation and thereafter reduce theiragreement to contract form may, of course, sue on the contract for analleged breach thereof. Other times, parties may ask that settlementterms to which they have stipulated be entered by court order as ajudgment in the case. In the latter case, the court may be called upon

300 DAUPHIN COUNTY REPORTS [123 Dauph.


to “enforce” the judgment which it has entered. Where, however, as inthe case before us, the parties have settled their case outside of courtand reduced that settlement to a judgment note (or some other contrac-tual instrument) they are obliged to proceed on that contract.

When instruments of indebtedness contain a confession of judgmentprovision, such as the “Judgment Note” in this case, the PennsylvaniaRules of Civil Procedure provide a process for confession of judgment.Pa.R.C.P. 2951 sets forth the Methods of Proceeding to confess judg-ment where authorized by the instrument. Given the circumstances ofthis case, it appears that plaintiff is obliged to proceed underSubparagraph (b) of Rule 2951 which requires the filing of aComplaint as provided for in Rule 2952.

Accordingly, we enter the following:

ORDERAND NOW, February 8, 2007,

IT IS HEREBY ORDERED that Erie Insurance Group and MildredPolaner’s Motion to Enforce Settlement Agreement is dismissed with-out prejudice.

_______o_______

ESTATE OF HARRIET M. WALBORNMAGYAR, late of Upper Paxton Township,Dauphin County, Pennsylvania. Executrix: LindaM. Johnson, 850 Union Street, Millersburg, PA17061. Attorney: Robert E. Diehl, Jr., Esq., Diehl& Jones, 1070 Market Street, Sunbury, PA 17801.

f16-m2

ESTATE OF BETTY L. POTTEIGER, late ofSwatara Township, Dauphin County, Pennsyl-vania (died January 7, 2007). PersonalRepresentative: Manufacturers & Traders TrustCompany, c/o Ruth Ann McMillen, AVP & TrustOfficer, 213 Market Street, 2nd Floor,Harrisburg, PA 17101. Attorney: Francis A. Zulli,Esq., Wion, Zulli & Seibert, 109 Locust Street,Harrisburg, PA 17101. f16-m2

ESTATE OF KATHRYN A. BRICKER a/k/aKATHRYN ARLENE BRICKER, late ofConewago Township, Dauphin County, Penn-sylvania (died January 3, 2007). Executrix:Amanda E. Hershey, 40 East Locust Street,Mechanicsburg, PA 17055. Attorney: Jeffrey M.Mottern, Esq., 28 East Main Street, P.O. Box 87,Hummelstown, PA 17036. f16-m2

THIRD PUBLICATION

ESTATE OF ANNABELLE GREEN, late ofHarrisburg, Dauphin County, Pennsylvania.Administratrix: Mary C. Morash, 2007 MarketStreet Extended, Middletown, PA 17057.Attorney: Anthony T. McBeth, Esq., 407 NorthFront Street, Harrisburg, PA 17101. f9-f23

ESTATE OF RICHMOND M. JOHANNESSENa/k/a RICHMOND MARIE JOHANNESSEN,late of Middletown Borough, Dauphin County,Pennsylvania. Executor: David H. Stone, Esq.,414 Bridge Street, New Cumberland, PA 17070.Attorney: David H. Stone, Esq., Stone LaFaver &Shekletski, P.O. Box E, New Cumberland, PA17070. f9-f23

SECOND PUBLICATION

Estate Notices

ESTATE OF TWILA E. VARHOLA, late ofHarrisburg, Dauphin County, Pennsylvania.Executor: John H. Varhola, 601 North DarlingtonStreet, West Chester, PA 19380. Attorney:Bridget M. Whitley, Esq., Skarlatos & ZonarichLLP, 17 South Second Street, 6th Floor,Harrisburg, PA 17101. f9-f23

ESTATE OF LORRAINE A. ADAMS, late ofWilliams Township, Dauphin County, Pennsyl-vania. Executor: Gene A. Adams, 134 WestGrand Avenue, Tower City, PA 17980. Attorney:Joseph D. Kerwin, Esq., Kerwin & Kerwin, 4245Route 209, Elizabethville, PA 17023. f9-f23

ESTATE OF ANNA M. HENNESSEY, late ofPaxtang Borough, Dauphin County, Penn-sylvania. Administrator: Ronald D. Butler, Esq.,500 N. Third Street, P.O. Box 1004, Harrisburg,PA 17108. Attorneys: Butler Law Firm, 500 N.Third Street, P.O. Box 1004, Harrisburg, PA17108. f9-f23

ESTATE OF RAYMOND F. LESCANEC, lateof Harrisburg, Dauphin County, Pennsylvania(died January 5, 2007). Executor: Matt Lescanec,305 Lopax Road, Harrisburg, PA 17112.Attorneys: Beckley & Madden, 212 North ThirdStreet, Post Office Box 11998, Harrisburg, PA17108-1998. Phone (717) 233-7691. f9-f23

ESTATE OF HARVEY A. FITTING, late ofHarrisburg, Dauphin County, Pennsylvania. Co-Executrices: Kimberli A. Fitting, 3417 BelairRoad, Harrisburg, PA 17109 and Cynthia K.Petridea, 616 Hill Point Drive, Etters, PA 17319.Attorney: William C. Dissinger, Esq., Dissingerand Dissinger, 400 South State Road, Marysville,PA 17053. f9-f23

ESTATE OF ROMAYNE H. SMITH a/k/aROMAYNE HELPER SMITH, late of SouthHanover Township, Dauphin County, Pennsyl-vania (died January 2, 2007). Executor: Alan L.Smith, 16 Arwin Drive, Hummelstown, PA17036. Attorney: Jeffrey M. Mottern, Esq., 28East Main Street, P.O. Box 87, Hummelstown,PA 17036. f9-f23

NOTICE IS HEREBY GIVEN that the share-holders and directors of JEMCAM, INC., aPennsylvania corporation having a registeredaddress of 634 E. Market Street, Williamstown,PA 17098, have approved a proposal that thecorporation voluntarily dissolve, and that theBoard of Directors is now engaged in windingup the affairs of the corporation under the provi-sions of Section 1975 of the PennsylvaniaBusiness Corporation Law of 1988, as amended.

GREGORY M. KERWIN, Esq.Kerwin & Kerwin

4245 Route 209Elizabethville, PA 17023

f23 (717) 362-3215

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed on January 31, 2007 inthe Department of State of the Commonwealth ofPennsylvania, Harrisburg, Pennsylvania, for thepurpose of obtaining a Certificate of In-corporation of a business corporation to engagein and do all lawful business for which corpora-tions may be incorporated and organized underthe Business Corporation Law of 1988, Act ofDecember 21, 1988, P.L. 1444, as amended.The name of the corporation incorporated andorganized under the Pennsylvania BusinessCorporation Law of 1988 is CentralPennsylvania Consultants, Inc.

ANDREW C. SHEELY, Esq.127 S. Market Street

P.O. Box 95f23 Mechanicsburg, PA 17055

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Depart-ment of State for B & D BUILDING & DEVELOPMENT MANAGEMENTSERVICES, INC., a corporation, organizedunder the Pennsylvania Business Corpora-tion Law of 1988. f23

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, Pennsylvania, on February 1, 2007,for the purpose of forming a new business corpo-ration under the Pennsylvania BusinessCorporation Law of 1988, as amended. The nameof the new corporation is CUMBERLANDELECTRONICS ACQUISITIONS, INC.

LATSHA DAVIS YOHE & McKENNA, P.C.1700 Bent Creek Boulevard

Suite 140f23 Mechanicsburg, PA 17050

NOTICE IS HEREBY GIVEN, that Articles ofIncorporation - Nonprofit were filed with theDepartment of State for the Commonwealth ofPennsylvania for the purpose of obtaining aCertificate of Incorporation for a corporation tobe organized pursuant to the provisions of theNonprofit Corporation Law of 1988 of theCommonwealth of Pennsylvania for the purposeof operating an annual book festival. The name of the corporation is: Keystone BookFestival.

JOHN D. KILLIAN, Esq.Killian & Gephart

218 Pine StreetP.O. Box 886

Harrisburg, PA 17108-0886f23 (717) 232-1851

NOTICE IS HEREBY GIVEN that AmericanTeam Managers, Inc. a foreign corporationincorporated under the laws of the State ofCalifornia, where its principal office is located at1030 North Armando Street, Anaheim, CA 92806has applied for a Certificate of Authority inPennsylvania, where its registered office is locat-ed at c/o Corporation Service Company. The reg-istered office of the corporation shall be deemedfor venue and official publication purposes to belocated in Dauphin County, Pennsylvania. f23

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Depart-ment of State for B & D BUILDING &DEVELOPMENT EQUIPMENT LEASING,INC., a corporation, organized under the Penn-sylvania Business Corporation Law of 1988. f23

NOTICE IS HEREBY GIVEN that Arcadia,LLC, a Pennsylvania limited liability company,organized under the laws of the Commonwealthof Pennsylvania with its principal place of busi-ness at 2299 Forest Lane, Harrisburg, DauphinCounty, PA 17112, was issued a Certificate ofOrganization by the Department of State of theCommonwealth of Pennsylvania on January 22,2007. This limited liability company is estab-lished under the provisions of the PennsylvaniaLimited Liability Company Law of 1994, 15Pa.C.S. §8913, as amended.

GREGORY M. KERWIN, Esq.Kerwin & Kerwin

4245 Route 209Elizabethville, PA 17023

f23 (717) 362-3215

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed on February 7, 2007,with the Department of State of theCommonwealth of Pennsylvania, at Harrisburg,Pennsylvania, for the purpose of obtaining aCertificate of Incorporation of a proposed busi-ness corporation to be organized under the 1988Pennsylvania Business Corporation Law of theCommonwealth of Pennsylvania. The name ofthe corporation is 3433-A Simpson FerryRoad, Inc. The registered office is at 3323Derry Street, Harrisburg, Dauphin County, PA17111-1811. The purpose of the corporation is:to operate a restaurant business and all otherlawful business in the Commonwealth ofPennsylvania and elsewhere for which corpora-tions may be incorporated under thePennsylvania Business Corporation Law.

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

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

f23 (717) 540-7746

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a foreign businesscorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania forEastern Geosciences, Inc. on January 24, 2007.The address of its principal office under the lawsof the jurisdiction in which it is incorporated is505-A White Horse Pike, Atco, New Jersey08004. The registered office for this business is:Nauman, Smith, Shissler & Hall, LLP, DauphinCounty, Pennsylvania. The corporation is filed incompliance with the requirements of the applica-ble provisions of 15 Pa.C.S. 4124. f23

NOTICE IS HEREBY GIVEN that LOCKHEED MARTIN GLOBAL TELE-COMMUNICATIONS SERVICES, INC., ADelaware Corporation intends to file anApplication for Termination of Authority and theregistered office is located at c/o CorporationService Company, Dauphin County, Pennsyl-vania. f23

NOTICE IS GIVEN that the Board ofRoyalton Borough Authority (the “Authority”),a Pennsylvania municipality authority having itsregistered office at 101 Northumberland Street,Royalton, Pennsylvania 17057, has adopted a res-olution proposing an amendment to its Articles ofIncorporation; the Authority has submitted theproposed amendment to the Council of theBorough of Royalton, Dauphin County,Pennsylvania (the “Borough”), the governingauthority of the municipality composing theAuthority; the Council of the Borough by resolu-tion duly adopted has adopted and approved theamendment to the Authority’s Articles ofIncorporation; the Authority intends to fileArticles of Amendment to its Articles ofIncorporation with the Secretary of theCommonwealth of Pennsylvania on March 2,2007; such Articles of Amendment are to be filedunder provisions of the PennsylvaniaMunicipality Authorities Act, 53 Pa.C.S. Ch. 56;and the nature and character of such proposedamendment is to amend the Authority’s Articlesof Incorporation by the addition thereto of thefollowing paragraph:

“7. The term of existence of said RoyaltonBorough Authority shall be for a period ending

on December 31, 2056.”

f23 ROYALTON BOROUGH AUTHORITY

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation have been filed with theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, PA, on January 29,2007, for the purpose of obtaining a charter of aNonprofit Corporation organized under theNonprofit Corporation Law of 1988 of theCommonwealth of Pennsylvania. The name ofthe corporation is: SHAREHOLDER EDUCA-TION GROUP. The purpose or purposes forwhich it was organized are: exclusively for char-itable and educational purposes within the mean-ing of Section 501(c)(3) of the Internal RevenueCode of 1986, as amended.

MONTGOMERY McCRACKEN WALKER & RHOADS LLP, Solicitors

123 South Broad Street f23 Philadelphia, PA 19109

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 30, 2007, byRETAIL SERVICE ASSOCIATES INC., aforeign corporation formed under the laws of theState of Connecticut, where its principal office islocated at 466 Bridgeport Ave., Shelton, CT06484, 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 c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f23

NOTICE IS HEREBY GIVEN that KEYSERPROPERTIES, INC., A Delaware Corporationintends to file an Application for Termination ofAuthority and the registered office is located atc/o Corporation Service Company, DauphinCounty, Pennsylvania. f23

NOTICE IS HEREBY GIVEN that onJanuary 19, 2007, an Application was made tothe Department of State of the Commonwealthof Pennsylvania, at Harrisburg, PA, by HPT TAPROPERTIES TRUST, a foreign BusinessTrust formed under the laws of the State ofMaryland, where its principal office is located at7 St. Paul Street, Suite 1660, Baltimore, MD21202, 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 c/o Corporation ServiceCompany, Dauphin County. f23

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on January 31, 2007, by RESIDENTIAL CREDIT SOLUTIONS,INC., a foreign corporation formed under thelaws of the State of Delaware, where its princi-pal office is located at 3001 MeachamBoulevard, Suite 125, Fort Worth, TX 76137,for a Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania 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. f23

NOTICE IS HEREBY GIVEN that anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on February 2, 2007, byWELLS FARGO INSURANCE SERVICESOF ARIZONA, INC., a foreign corporationformed under the laws of the State of Arizona,where its principal office is located at 4742 N.24th Street, Suite 270, Phoenix, AZ 85016, 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 anApplication was made to the Department ofState of the Commonwealth of Pennsylvania, atHarrisburg, PA, on February 1, 2007, by KMJLHOLDINGS, INC., a foreign corporationformed under the laws of the State of NewJersey, where its principal office is located at2840 Morris Avenue, Union, NJ 07083, 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 February 1, 2007, bySuperSound Corp., a foreign corporationformed under the laws of the State of Delaware,where its principal office is located at 145 East57th Street, 4th Floor, New York, NY 10022, fora Certificate of Authority to do business inPennsylvania under the provisions of thePennsylvania 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. f23

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for ALLEGHENY STAFFING INC, acorporation, organized under the PennsylvaniaBusiness Corporation Law of 1988. f23

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for MEP SOLUTIONS, INC., a corpora-tion, organized under the Pennsylvania BusinessCorporation Law of 1988. f23

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 January29, 2007, for the purpose of obtaining aCertificate of Incorporation pursuant to the provi-sions of the Professional Corporation Act of theCommonwealth of Pennsylvania.The name of the corporation is: KEYSTONENEUROMONITORING ASSOCIATES, P.C.

f23

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on February 1, 2007, by MICROINKS CORPORATION, a foreign corporationformed under the laws of the State of Delaware,where its principal office is located at c/o TheCorporation Trust Company, 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 c/o Corporation ServiceCompany, Dauphin County, Pennsylvania. f23

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

CIVIL ACTION – LAW

No. 2006-CV-5883-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

DEUTSCHE BANK NATIONAL TRUSTCOMPANY, AS TRUSTEE OFAMERIQUEST MORTGAGE SECURITIES,INC., ASSET BACKED PASS THROUGHCERTIFICATES, SERIES 2004-RI2,UNDER THE POOLING AND SERVICINGAGREEMENT DATED AS OF DECEMBER1, 2004, WITHOUT RECOURSE, Plaintiffvs.HILEEN E. LLOYD, Mortgagor and RealOwner, Defendant

TO: HILEEN E. LLOYD, MORTGAGORAND REAL OWNER, Defendant,whose last known address is 1705 N. 4th 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.

YOU ARE HEREBY NOTIFIED thatPlaintiff, DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OFAMERIQUEST MORTGAGE SECURITIES,INC., ASSET BACKED PASS THROUGHCERTIFICATES, SERIES 2004-R12, UNDERTHE POOLING AND SERVICING AGREE-MENT DATED AS OF DECEMBER 1, 2004,WITHOUT RECOURSE, has filed a MortgageForeclosure Complaint endorsed with a notice todefend against you in the Court of Common Pleasof Dauphin County, Pennsylvania, docketed toNo. 2006-CV-5883-MF, wherein Plaintiff seeksto foreclose on the mortgage secured on yourproperty located, 1705 N. 4th Street, Harrisburg,PA 17102, whereupon your property will be soldby the Sheriff of Dauphin County.

FIRST PUBLICATION

Miscellaneous Notices

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.

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.

CENTRAL PENNSYLVANIALEGAL SERVICES

213A North Front StreetHarrisburg, PA 17101

(717) 232-0581

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

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

701 Market StreetPhiladelphia, PA 19106-1532

f23 (215) 825-6411


PENNSYLVANIA

ACTION TO QUIET TITLE

No. 5435-CV-2006

CSL INVESTMENTS, LLC, Plaintiffvs.WALTER CLARENCE MITCHELL, hisheirs, devisees, administrators, executors andassigns, and any and all other parties of interest, Defendants

TO: WALTER CLARENCE MITCHELL,his heirs, devisees, administrators,executors and assigns, and any and allother parties of interest.

YOU ARE NOTIFIED that an Order has beenentered to the above-captioned action onFebruary 1, 2007, directing that within thirty (30)days after this publication you shall commencean Action in Ejectment or other appropriateaction to assert any claim you have regarding thelands described below or forever be barred fromasserting any right, lien, title or interest inconsis-tent with the interest or claim set forth inPlaintiff’s Complaint, same being incorporatedherein, which can be generally described as:

ALL THAT CERTAIN lot or piece of land sit-uate in the Tenth Ward of the City of Harrisburg,Dauphin County, Pennsylvania, bounded anddescribed in accordance with a survey and planthereof made by Gerrit J. Betz, Reg. Surveyor,dated November 18, 1969, as follows:

BEGINNING at a point on the East side ofReel Street, said point being 135 feet North of theNortheast corner of Reel and Seneca Streets;thence along Reel Street North 18 degrees 50minutes West 35 feet to a corner of premises ofFrancis Low, known as No. 2423 Reel Street;thence along the said premises North 71 degrees10 minutes East 110 feet to a point on the Westside of Turner Street (formerly called HowardAvenue); thence along Turner Street South 18degrees 50 minutes East 35 feet to a corner ofpremises of Walter Finkenbinder, known as No.2417 Reel Street; thence along said premisesSouth 71 degrees 10 minutes West 110 feet to thepoint and place of BEGINNING.

BEING the northern one-half of Lot 35, all ofLot No. 36 and the southern five feet of Lot No.37 on the plan of lots laid out by Mary M. Reel,which plan is recorded in Plan Book “B,” Page12, Dauphin County Records.

BEING known as 2419 Reel Street,Harrisburg, Pennsylvania.

By: Dauphin County Sheriff

CRAIG A. DIEHL, Esq.3464 Trindle Road, Camp Hill, PA 17011

f23 (717) 763-7613


PENNSYLVANIA

CIVIL ACTION – LAWCIVIL DIVISION

No. 2006-CV-5769-MF


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

NOTICE

TO: KATIE A. NAUMAN a/k/a KATIE ANN NAUMAN and JASON A. WITMAN

YOU ARE HEREBY NOTIFIED that onDECEMBER 14, 2006, Plaintiff, INDYMACBANK, F.S.B., filed a Mortgage ForeclosureComplaint endorsed with a Notice to Defend,against you in the Court of Common Pleas ofDauphin County, Pennsylvania, docketed toNo. 2006-CV-5769-MF. Wherein Plaintiffseeks to foreclose on the mortgage secured onyour property located at 406 SECONDSTREET, HIGHSPIRE, PA 17034 whereuponyour property would be sold by the Sheriff ofDauphin County.

YOU ARE HEREBY NOTIFIED to plead to the above referenced Complaint on or before twenty (20) days from the date of thispublication or a Judgment will be enteredagainst you.

FIRST PUBLICATION


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) 232-7536f23


PENNSYLVANIA

LEGAL NOTICE

No. 2005-CV-3481-EQ

IN RE: PRIVATE SALE OFREAL ESTATEOWNED BY MIDDLETOWNAREA SCHOOL DISTRICT

DECREE NISI

AND NOW, this 12th day of February, 2007,upon consideration of the Petition filed by PaulL. Daily, Jr., Leon R. Daily, and Donald W. Daily,following the hearing held on December 5, 2006,and upon consideration of the Affidavits present-ed by the Petitioners:

1. It is hereby determined that Grand ViewRealty and Development Company (“theCompany”) was incorporated onSeptember 5, 1923, has not conducted anybusiness since 1946.

2. The original shareholders of theCompany, P.A.H. Wharton, E.M.Colquhoun, John W. Metzger, George E.Daily, and William L. Brubaker, havedied.

3. Their shares of the Company have passedby the laws of inheritance to their heirs.

4. The Company held a reversionary interestin land described at Dauphin County DeedBook B-20 Page 173, constituting 5.4acres of land in Middletown, PA.

5. The land was conveyed by the Companyto the Middletown School District withthe condition that it always be used forschool and athletic purposes.

6. The Company’s reversionary interest inthe 5.4 acres of land has passed to theheirs of the original five shareholders.

7. The reversionary interest in the land vest-ed in the heirs of the original stockholderson October 28, 2005, when the Court ofCommon Pleas of Dauphin Countyapproved the private sale of the land to anowner other than the Middletown SchoolDistrict.

8. The entire parcel, including the 5.4 acressubject to the Company’s reversionaryinterest, and the 1.07 acres of land that arenot subject to a reversionary interest, hasbeen sold by Middletown School Districtto The Pennsylvania State University forthe sum of $840,000.

9. The value of the entire reversionary inter-est is $701,064.

10. Petitioners are the three sons of MargaretL. Daily and Paul Lester Daily, who areboth deceased.

11. Paul Lester Daily is one of three childrenof George Daily, one of the original incor-porators of the Company.

12. When George E. Daily died, his willdivided his estate equally amongst histhree children, and Paul Lester Dailyinherited 6.7% of the Company’s rever-sionary interest in the land at issue.

13. Paul Lester Daily bequeathed to hiswidow, Margaret L. Daily, his 6.7% shareof the Company’s reversionary interest inthe land at issue.

FIRST PUBLICATION


14. Margaret L. Daily died in 1970; in herwill, Margaret L. Daily bequeathed herestate to her three sons equally upon herdeath.

15. Petitioners are each entitled to 2.2% of thevalue of the land at issue, their per stirpesshare of the residuary estate of MargaretL. Daily.

16. Any descendants or heirs of P.A.H.Wharton, E.M. Colquhoun, John W.Metzger, and William L. Brubaker arepotential claimants for shares of theCompany’s reversionary interest in theland.

17. In addition, any descendants or heirs ofCora Violet Daily and George L. Daily,the sister and brother of Paul Lester Daily,are potential claimants for shares of theCompany’s reversionary interest in theland.

18. Petitioners’ attorneys are directed to noti-fy by regular, first class mail, all heirs ofthe original stockholders known to themof the Court’s decision, and this Decreeshall be published in a newspaper of gen-eral circulation in Dauphin County and inthe Dauphin County Reporter.

19. Petitioners’ attorneys shall file proof ofpublication with the Court.

20. If no objections are filed to this Decree bypersons claiming a right to the reversion-ary interest in the land within 40 daysfrom the date of publication, then thisDecree Nisi shall become a DecreeAbsolute upon application by thePetitioners and notice under Pa.R.Civ.P.Rule 237.

BY THE COURT/s/ Bruce F. Bratton, J.

KENDRA A. MOHR, Esq.Pannebaker & Mohr, P.C.

4000 Vine StreetMiddletown, PA 17057

f23 (717) 944-1333


PENNSYLVANIA


No. 2006-CV-5285-MF


CITIMORTGAGE INC., Plaintiffvs.SHAWN A. OLIVEIRA andCAROL M. OLIVEIRA, Mortgagors andReal Owners, Defendants

TO: SHAWN A. OLIVEIRA, MORT-GAGOR AND REAL OWNER,DEFENDANT, whose last knownaddress is 7947 Somerset Street,Hummelstown, PA 17036

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.

YOU ARE HEREBY NOTIFIED thatPlaintiff, CITIMORTGAGE INC., has filed aMortgage Foreclosure Complaint endorsed witha notice to defend against you in the Court ofCommon Pleas of Dauphin County, Penn-sylvania, docketed to No. 2006-CV-5285-MF,wherein Plaintiff seeks to foreclose on the mort-gage secured on your property located, 7947Somerset Street, Hummelstown, PA 17036,whereupon your property will be sold by theSheriff 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 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.

FIRST PUBLICATION


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.




(717) 232-7536

CENTRAL PENNSYLVANIALEGAL SERVICES

213A 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

f23 (215) 825-6411


PENNSYLVANIA


No. 2006-CV-8268 MF


FV-1, INC, c/o WILSHIRE CREDITCORPORATION 14523 SW Millikan Way, Suite 200Beaverton, OR 97005, Plaintiffvs.ROBERT O. BLAKE,1901 Crums Mill RoadHarrisburg, PA 17110, Defendant

TO: ROBERT O. BLAKE, Defendant

PREMISES SUBJECT TO FORECLOSURE

413 LEBANON STREETSTEELTON, PA 17110

THIS IS AN ATTEMPTTO COLLECT A DEBT. ANY INFORMATION

OBTAINED WILL BE USED FOR THAT PURPOSE

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 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 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 the courtwithout further notice for any money claimed inthe complaint or for any other claim or reliefrequested by the plaintiff. You may lose money orproperty or other 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 FOURTH BELOW. THISOFFICE CAN PROVIDE YOU WITH INFOR-MATION ABOUT HIRING A LAWYER. IFYOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAYABLE TO PRO-VIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SER-VICES TO ELEGIBLE PERSONS AT AREDUCED FEE OR NO FEE.



(717) 232-7536

MARTHA E. VON ROSENSTIEL, Esq.Martha F. Von Rosenstiel, P.C.

649 South Avenue, Suite 6 Secane, PA 19018

f23 (610) 328-2887

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, March 20, 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,March 13, 2007.

1. BARTON, BARBARA K., Deceased,First and Final Account of Donald A. Tilland Francis A. Zulli, Executors.

2. WILLIAM HOWARD DAY CEME-TERY, First and Final Account ofAmeriServ Trust and Financial ServicesCompany, Trustee (Permanent Lot CareTrust Agreement dated March 24, 2003).

3. PAUL, ROBERT C., Deceased, First andFinal Account of William Fearen,Executor.

4. VENTURO, SAMUEL D., Deceased,First and Final Account of Ronald A.Venturo, Executor.

Dated: February 9, 2007/s/ SANDRA C. SNYDER

Register of Wills andf16-f23 Clerk of the Orphans’ Court Division

NOTICE

NOTICE IS HEREBY GIVEN that the AnnualMeeting of the Members of the PENNSYL-VANIA NATIONAL MUTUAL CASUALTYINSURANCE COMPANY will be held at 11:00a.m. on Monday, April 2, 2007, at the HomeOffice of the Company, PNI Plaza, Two NorthSecond Street, Harrisburg, Pennsylvania, for thepurpose of electing Directors and the transactingof such other business as may be properly sub-mitted.

KENNETH R. SHUTTSExecutive Vice President,

f9-f23 Secretary & General Counsel

LOWER DAUPHIN SCHOOL DISTRICT

NOTICE OF INTENT TO ADOPTRESOLUTION AUTHORIZING

THE MAY 15, 2007 BALLOTQUESTION AND RESOLUTION LEVYING

AND ASSESSING THE ACT 1 INCOME TAX IF APPROVED

BY VOTERS

May 15, 2007 Ballot Question — NOTICE ISHEREBY GIVEN that the board of schooldirectors of Lower Dauphin School District(“School District”) intends to adopt aResolution authorizing the placement of a ques-tion on the May 15, 2007 primary election bal-lot. The referendum question will seek voterconsent for the levying of an additional 1.0%Earned Income and Net Profits tax (“EIT”) forthe purpose of generating revenue to be used tofinance homestead/farmstead property taxexclusions for qualified homestead/farmsteadproperties. This notice is given pursuant to theTaxpayer Relief Act, Act 1 of Special Session2006 (“Act 1”) and the Local Tax Enabling Actof December 31, 1965, P.L. 1257, as amended(the “Enabling Act”)

The School District currently levies and collectsfrom School District residents an EIT at the rateof .5%. An additional 0.5% is collected by themunicipality in which the taxpayer resides,meaning that School District residents currentlypay a total EIT rate of 1.0%.

SECOND PUBLICATION


THIRD PUBLICATION


Act 1 requires school districts to place a ques-tion on the May 15, 2007 primary election bal-lot asking voters whether the district shouldincrease its EIT rate for the purpose of generat-ing revenue to be used to financehomestead/farmstead property tax exclusionsfor eligible homestead/farmstead properties.The School District will increase the tax rate ifthe majority of School District residents vote“yes” on the ballot question. Adding theincreased tax collected by the School District tothe 0.5% collected by the municipality in whichthe taxpayer resides would increase the totalEIT rate paid by School District residents fromthe current rate of 1.0% to a rate of 2.0%.

The proposed Resolution authorizing the place-ment of a question on the May 15, 2007 primaryelection ballot provides that the referendumquestion shall be in substantially the followingform, with any additions or changes as deter-mined by the school board or election officialsprior to the election:

Do you favor your school district imposing anadditional 1.0% earned income tax? The rev-enue generated from the tax will be used toreduce taxes on qualified owner occupied res-idential property and on qualified farmbuildings by approximately $417.00. The current school district earned income tax rateis .5%, and the current combinedmunicipal/school district rate is 1.0%.

A copy of the proposed Resolution authorizingthe May 15, 2007 ballot question is available forpublic inspection by any resident at the schooldistrict administrative offices located at 291 E.Main Street, Hummelstown, PA on any weekdaybetween the hours of 8:00 a.m. and 4:00 p.m.This proposed Resolution may be amendedbefore final adoption.

The school board will hold a public hearingregarding the proposed Resolution authorizingthe May 15, 2007 ballot question. The publichearing will be held on February 19, 2007 at7:00 p.m. in the Lower Dauphin Middle Schoollocated at 291 E. Main Street, Hummelstown,PA.

The purpose of the public hearing is for theschool board to share information and hear pub-lic comments on the proposed resolution author-izing the May 15, 2007 ballot question. Schooldistrict residents are urged to attend in order tolearn about the referendum question to beplaced on the May 15, 2007 ballot and to sharetheir views.

The Resolution authorizing the May 15, 2007ballot question will be acted upon at a schoolboard meeting to be held on March 5, 2007 at7:30 p.m. in the District Administration Centerlocated at 291 E. Main Street, Hummelstown,PA.

Earned Income Tax Increase — If a majorityof the residents voting on the referendum ques-tion on May 15, 2007 vote “yes,” the schoolboard thereafter in May or June 2007, will adopta new EIT Resolution increasing the EIT ratecollected by the school district from .5% to1.5% effective July 1, 2007. The new revenuefrom the increased EIT will be used to financehomestead/farmstead property tax exclusionsfor eligible homestead/farmstead property. Theestimated total revenue to be derived by theschool district from the earned income tax forthe 2007-2008 fiscal year with the increased taxrate is $6,361,184.

Concerning the proposed EIT, the nature of thetax will be substantially the same as the EIT thatis currently levied by the School District, exceptthat the tax rate will be increased and creditsavailable against the tax are different for theincreased tax rate percent payable pursuant tothe referendum. The tax is levied on earnedincome received and net profits earned by resi-dents of the School District. “Earned income” isdefined in the Enabling Act as “compensation”subject to the Pennsylvania personal income tax,but not including certain types of compensationas specified in the Enabling Act. “Net profits” isdefined in the Enabling Act as net income fromthe operation of a business, profession or otheractivity subject to the Pennsylvania personalincome tax, but not including certain types ofnet income as specified in the Enabling Act. Thetax does not apply to investment income.

f9-f23

THIRD PUBLICATION


Vol. 123 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

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

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

Board of Control of the Harrisburg School District,

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

Board of School Directors of the Harrisburg School

District, et al., Control Board of the Harrisburg

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

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

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

Columbia Casualty Company v.

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

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

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

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

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

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

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

Board of School Directors of the Harrisburg School

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

Coregis Insurance Company, City of Harrisburg,

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

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

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

Eastern Atlantic Insurance Company v.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Middletown Area School District,

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

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

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

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

Pennsylvania Financial Responsibility

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

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

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

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

Prowell v. Pennsylvania Financial Responsibility

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

II DAUPHIN COUNTY REPORTS Vol. 123

Cumulative Table of Cases

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

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

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

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

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

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

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

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

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

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

Susquehanna Area Regional Airport Authority v.

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

Swiss Reinsurance America Corporation,

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

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

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

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

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

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

Vol. 123 DAUPHIN COUNTY REPORTS III

Cumulative Table of Cases

Printing The Dauphin County Reporter every week for nearly 100 years

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BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

Thomas E. Brenner Craig A. LongyearPresident President-Elect

Renee Mattei Myers John D. SheridanVice President Treasurer

James P. DeAngelo Thomas P. GackiSecretary Past President

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

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

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

Darren J. HolstDirectors

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

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

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

DAUPHIN COUNTY COURT SECTIONMotion Judge of the Month

FEBRUARY 2007 Judge Richard A. LEWISMARCH 2007 Judge Lawrence F. CLARK, JR.

Opinions Not Yet ReportedFebruary 16, 2007 – Turgeon, J., Yodfat v. Yodfat (No. 2002 CV 2722)

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

ATTORNEY – ACLU seeks Harrisburg attorney to coordinate civil libertieslitigation efforts in central PA. Full description at: www.aclupa.org. Resume and ltrto [email protected] by Feb 28. EOE/AA f9-f23

PARALEGAL – needed for medium size, litigation defense law firm. We needa top-notch, detailed oriented individual w/ at least 3 yrs paralegal experience; priorexperience in litigation required. Benefit package includes 17 days of PTO, holidays,paid parking, medical insurance, life insurance, STD & LTD disability, profit sharing,etc. Excellent salary DOE. Resumes held in strictest confidence. All qualifiedapplicants will receive consideration for employment without regard to race, color,religious creed, handicap, ancestry, national origin, age or sex. Send to Laura L.Dobbin; Lavery, Faherty, Young & Patterson, P.C., Box 1245, Harrisburg, PA, oremail: [email protected] f23-m9

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

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

“Communication in the Courtroom”

Persuading Judge, Jury and Client(a humorist’s perspective)

What is it?A Minimum Continuing Legal Education (MCLE) seminar approved by the Pennsylvania CLE Boardfor 7.5 credit hours, which includes 1.0 hours of ethics credit. This live MCLE seminar, now in its 10thyear, has been accredited in 18 states.

Who is the instructor?Carl Grant is a professional speaker and comedian. He has undergraduate degrees in English andSpeech, and has a Master’s in Philosophy. He has extensive teaching and coaching experience withclients, including The International Society of Barristers, The Associated Counsel for the Accused,Commercial Law League, Montana Association of Criminal Defense Lawyers, Boeing, IBM and USAToday. He also has appeared on “Late Night with David Letterman,” The British BroadcastingCompany II, Showtime, and National Public Radio.

What subjects will be covered?• Improving presence

• Building credibility with delivery

• Projecting desired attitudes

• Handling the hostile witness

• Timing and pace

• Contrasting perception

• Diffusing difficult situations

• Determining effect of personality

• Building rapport

• Effective voir dire

• Reading the jury

• Detecting witness deception

“A master class for good communicators who want to be great!”

Hilton Hotel1 North Second Street

Harrisburg, PennsylvaniaTuesday, March 20, 2007

9 am to 5 pm

Seminar fee: $195 in advance; $230 at the door. if not satisfied, money will be grudginglyrefunded.

Registration: Mail your business card (note the seminar date on the back), with a check, to: CLE Services, 14507 Stone Avenue N, Suite 3-6B, Seattle, WA 98133. Or, call 1-888-575-3369 with questions or for credit card registration.

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“Great fun! Down to earth and veryinstructive.” John D. Spellman, formerWA State Governor

“Fantastic teacher and CLE. I useinsights gained from Carl every day.”John Rapp, Director, CLE Department,University of WA Law School

“I’ve been going to these CLE seminars for 40 years, and this is thebest one I ever attended.” VirgilBucchianeri, former District Attorneyfor Virginia City, Nevada

Alcohol or Other Drugs a Problem?

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LAWYERS CONFIDENTIAL HELP-LINE1-888-999-1941

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