THE Dauphin County Reporter · THE DAUPHIN COUNTY REPORTER Edited andPublished by the DAUPHIN...

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THE

Dauphin County Reporter(USPS 810-200)

A WEEKLY JOURNALCONTAINING THE DECISIONS RENDERED IN THE

12th JUDICIAL DISTRICT

No. 5815, Vol. 124 May 20, 2011 No. 151Entered as Second Class Matter, February 16, 1898, at the Post Office at Harrisburg, Pa.,

under the Act of Congress of March 31, 1879

TERMS: Advertisements must be received before 12 o’clock noon on Tuesday of each week at the officeof the Dauphin County Reporter, 213 North Front Street, Harrisburg, PA 17101. Telephone (717) 232-7536

Gebhardt v. Woods 385Bar Association Page Inside Back Cover

Pages 385-386

39 Years in Harrisburg

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THEDAUPHIN COUNTY REPORTER

Edited and Publishedby the

DAUPHIN COUNTY BARASSOCIATION

213 North Front StreetHarrisburg, PA 17101-1493

(717) 232-7536____________

MICHELLE M. SHUKERExecutive Director

JOYCE TAMBOLASAdministrative Assistant

BRIDGETTE L. HILBISHOffice Assistant___________

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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 MARY E. HEPLER, late ofGratz Borough, Dauphin County, Pennsylvania.Executor: James F. Hepler, P.O. Box 309, Gratz,PA 17030. Attorney: Earl Richard Etzweiler,Esq., 105 North Front Street, Harrisburg, PA17101. Telephone (717) 234-5600. m20-j3

ESTATE OF ANNETTE P. ZALES, late ofSteelton Borough, Dauphin County, Pennsyl-vania. Executor: Robert F. Zales, 220 ParkAvenue, Hummelstown, PA 17036. Attorney:Bridget M. Whitley, Esq., 17 S. Second Street,6th Floor, Harrisburg, PA 17101. m20-j3

ESTATE OF WARREN O. KINGSBURY,late of the Borough of Steelton, DauphinCounty, Pennsylvania (died March 10, 2011).Executrix: Sandra Kingsbury. Attorney: Nora F.Blair, Esq., 5440 Jonestown Road, P.O. Box6216, Harrisburg, PA 17112. m20-j3

ESTATE OF CORENA A. DUNKLE, late ofHarrisburg, Dauphin County, Pennsylvania(died April 28, 2011). Personal Representative:Clymer C. Garman, 225 Bunny Lane, Palmyra,PA 17078. m20-j3

ESTATE OF TERESSA M. DENCI a/k/aTERESSA MARY DENCI, late of DerryTownship, Dauphin County, Pennsylvania.Executor: Philip M. Denci, 477 N. LingleAvenue, Palmyra, PA 17078. Attorney: Gerald J.Brinser, Esq. m20-j3

ESTATE OF JOSEPH E. IBBERSON, late ofSwatara Township, Dauphin County, Pennsyl-vania. Co-Executors: Dr. Charles H. Strauss,1637 Princeston Drive, State College, PA 16803and Dr. Henry D. Gerhold, 816 S. Sparks Street,State College, PA 16801. Attorney: Earl RichardEtzweiler, Esq., 105 North Front Street,Harrisburg, PA 17101. Telephone (717) 234-5600. m20-j3

ESTATE OF PATRICIA W. SMITH a/k/aPATRICIA WAGNER SMITH, late of DerryTownship, Dauphin County, Pennsylvania (diedApril 24, 2011). Executor: Harry W. Heath.Attorney: George W. Porter, Esq., 909 EastChocolate Avenue, Hershey, PA 17033.

m20-j3

ESTATE OF EDWARD R. COBLE, late ofSusquehanna Township, Dauphin County,Pennsylvania (died March 7, 2011). PersonalRepresentative: Lynn V. Fuller, 4335 S. VictoriaWay, Harrisburg, PA 17112. m20-j3

ESTATE OF CONSTANCE DIFEDE a/k/aCONSTANCE A. DIFEDE, late of DerryTownship, Dauphin County, Pennsylvania (diedApril 21, 2011). Executrix: Rose AnnMcRedmond, 1860 Meadow Ridge Drive,Hummelstown, PA 17036. Attorney: Jean D.Seibert, Esq., Wion, Zulli & Seibert, 109 LocustStreet, Harrisburg, PA 17101. m20-j3

SECOND PUBLICATION

ESTATE OF H. ELOSIE CHUBB, late of theBorough of Highspire, Dauphin County,Pennsylvania (died July 2, 2010). Executor:Robert M. Chubb, 641 Eshleman Street,Highspire, PA 17034. Attorney: Kent H.Patterson, Esq., 221 Pine Street, Harrisburg, PA17101. m13-m27

ESTATE OF FRANK M. KIREN, III, late of Steelton, Dauphin County, Pennsylvania (died April 14, 2011). Executrix: Mary E.Zimmerman. Attorney: David C. Miller, Jr.,Esq., 1100 Spring Garden Drive, Suite A,Middletown, PA 17057. Telephone (717) 939-9806; email: [email protected].

m13-m27

ESTATE OF CHRISTOPHER M. GERFEN,late of the Township of Swatara, DauphinCounty, Pennsylvania. Personal Representative:Joshua M. Gerfen, c/o John R. Gibbel, Esq.,P.O. Box 16, Lititz, PA 17543. Attorney: John R.Gibbel, Esq., Gibbel Kraybill & Hess LLP, P.O.Box 16, Lititz, PA 17543. m13-m27

ESTATE OF HERBERT Y. HARRIS, late ofLower Paxton Township, Dauphin County,Pennsylvania. Executrix: Irene S. Harris, 6300East Speedway Boulevard #1187, Tucson, AZ85710. Attorneys: Butler Law Firm, 500 NorthThird Street, P.O. Box 1004, Harrisburg, PA17108. m13-m27

ESTATE OF ERNEST L. STEWART, late ofDerry Township, Dauphin County, Pennsylvania(died March 3, 2007). Administrator: XavierStewart. Attorney: Neil W. Yahn, Esq., James,Smith, Dietterick & Connelly, LLP, P.O. Box650, Hershey, PA 17033. Telephone (717) 533-3280. m13-m27

ESTATE OF MARY JANE LEADER, late ofDerry Township, Dauphin County, Pennsyl-vania. Executor: Gov. George M. Leader, 459Sand Hill Road, Apt. 617, Hershey, PA 17033.Attorney: Charles J. DeHart, III, Esq., Caldwell& Kearns, 13 East Main Street, Hummelstown,PA 17036. m13-m27

ESTATE OF ROSE H. TRUEITT, late of Cityof Harrisburg, Dauphin County, Pennsylvania(died March 31, 2011). Executrix: AntoinetteTrueitt, 2033 Clayton Avenue, Harrisburg, PA17109. Attorney: Monica D. Cliatt, Esq.,Harrisburg Civil Law Clinic, 3605 Vartan Way,2nd Floor, Harrisburg, PA 17110. m13-m27

ESTATE OF JOSEPH RAMIREZ, JR., late ofMiddletown Borough, Dauphin County, Penn-sylvania. Executrix: Diane Larry, 50 W.Roosevelt Avenue, Middletown, PA 17057.Attorney: Gerald J. Shekletski, Esq., StoneLaFaver & Shekletski, P.O. Box E, NewCumberland, PA 17070. m13-m27

ESTATE OF ALVERTIS HARRIS, late of theCity of Harrisburg, Dauphin County, Pennsyl-vania (died July 25, 2010). PersonalRepresentative: Julia A. Mayo (Bertrand).Attorney: Alphonso Arnold, Jr., Esq., 17 NorthSceond Street, 16th Floor, Harrisburg, PA17101. m13-m27

FIRST PUBLICATION

Estate Notices

ESTATE OF GARLAND H. LIPSCOMB,late of Lower Paxton Township, DauphinCounty, Pennsylvania (died June 24, 2010).Personal Representative: Lorraine M. Lipscomb.Attorney: Alphonso Arnold, Jr., Esq., 17 NorthSecond Street, 16th Floor, Harrisburg, PA17101. m13-m27

ESTATE OF MILDRED R. BOYER, late ofUpper Paxton Township, Dauphin County,Pennsylvania. Executor: Melvin D. Smeltz, 586Hickory Road, Dalmatia, PA 17017. Attorney:Earl Richard Etzweiler, Esq., 105 North FrontStreet, Harrisburg, PA 17101. Telephone (717)234-5600. m13-m27

THIRD PUBLICATION

ESTATE OF RITA V. SHARRETTS, late ofLower Paxton Township, Dauphin County,Pennsylvania (died September 19, 2010).Personal Representative: Rhonda L. Boga, 278Seven Stars Road, Gettysburg, PA 17325.Mooney & Associates, 230 York Street,Hanover, PA 17331. m6-m20

ESTATE OF HOWARD M. THORKELSON,late of the City of Harrisburg, Dauphin County,Pennsylvania (died February 25, 2011).Executrix: Norma Jean Peluso of Pacific Grove,California. Attorney: Christa M. Aplin, Esq., JanL. Brown & Associates, 845 Sir Thomas Court,Suite 12, Harrisburg, PA 17109. Telephone (717)541-5550. m6-m20

ESTATE OF KENT B. GAMBY, late ofHarrisburg, Dauphin County, Pennsylvania(died February 4, 2011). Executor: Barner A.Gamby, III, 2291 Earl View Drive, Harrisburg,PA 17112. Attorney: Charles E. Wasilefski, Esq.,Peters & Wasilefski, 2931 North Front Street,Harrisburg, PA 17110. m6-m20

ESTATE OF CHARLES R. AUSTIN, late ofWayne Township, Dauphin County, Penn-sylvania (died February 24, 2011). Executrix:Cindy L. Markel, 5602 State Route 209, Lykens,PA 17048. Attorney: Herschel Lock, Esq., 3107North Front Street, Harrisburg, PA 17110.

m6-m20

ESTATE OF RICHARD A. BATZ, late ofConewago Township, Dauphin County, Penn-sylvania (died April 22, 2011). Administratrix:Joan M. Tyburski. Attorney: George W. Porter,Esq., 909 East Chocolate Avenue, Hershey, PA17033. m6-m20

ESTATE OF PETER S. ZIRILLI, late ofSusquehanna Township, Dauphin County, Penn-sylvania. Co-Executors: Susan E. Hawk, 118Lichfield Road, Harrisburg, PA 17112 and PeterJ. Zirilli, 17 Dorchester Road, Hummelstown,PA 17036. Attorney: John R. Beinhaur, Esq.,Lexington Street, Harrisburg, PA 17109.

m6-m20

ESTATE OF ANNA B. STAVER, late ofDauphin County, Pennsylvania (died April 18,2009). Co-Executors: Julia R. Staver andKenneth W. Staver, Jr. Attorney: Kathleen L.Barndt, Esq., 1239 W. Broad Street, P.O. Box539, Quakertown, PA 18951. m6-m20

ESTATE OF KENNETH W. STAVER, SR.,late of Dauphin County, Pennsylvania (diedFebruary 20, 2011). Co-Executors: Julia R.Staver and Kenneth W. Staver, Jr. Attorney:Kathleen L. Barndt, Esq., 1239 W. Broad Street, P.O. Box 539, Quakertown, PA 18951.

m6-m20

ESTATE OF JOHN J. DOOLEY, late of theCity of Harrisburg, Dauphin County, Penn-sylvania (died April 6, 2011). Co-Executrix:Joan Renninger, 5814 Hidden Lake Drive,Harrisburg, PA 17111. Co-Executor/Attorney:Harry L. Bricker, Jr., Esq., 921 Bradford Road,Harrisburg, PA 17112. m6-m20

SECOND PUBLICATION

Estate Notices

ESTATE OF DONALD J. BRADY, late ofHershey, Dauphin County, Pennsylvania (diedMarch 5, 2011). Executrix: Susan McCabe, 16Wild Harbor Road, North Falmouth, MA 02556.Attorney: Linda K. Hobkirk, Esq., Two BalaPlaza, Bala Cynwyd, PA 19004. m6-m20

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 May 3, 2011, for a foreign corpo-ration with a registered address in the state ofPennsylvania as follows: AlIchoice, Inc., c/oAAAgent Services, LLC.This corporation is incorporated under the lawsof the State of Michigan. The address of its principal office under the lawsof its jurisdiction in which it is incorporated is28004 Center Oaks Court, Suite 205, Wixom, MI48393. The corporation has been qualified in

Pennsylvania under the provisions of theBusiness Corporation Law of 1988, as amended.

m20

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department ofState of the Commonwealth of Pennsylvania forHungry Machine, Inc. The address of its prin-cipal office under the laws of its jurisdiction is829 7th Street, NW, Suite 300, Washington, DC20001. The name of this corporations commer-cial registered office provider is NationalRegistered Agents, Inc. in the county ofDauphin.The Corporation is filed in compliance with therequirements of the applicable provision of 15Pa. C.S. 4124(b). m20

THIRD PUBLICATION

Estate Notices

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 April 25, 2011, for a foreign cor-poration with a registered address in the state ofPennsylvania as follows: Anstine Drywall Inc.,c/o AAAgent Services, LLC.This corporation is incorporated under the lawsof the State of Ohio.The address of its principal office under the lawsof its jurisdiction in which it is incorporated is2215 E. Waterloo Road, No. 406, Akron, OH44312.The corporation has been qualified in


m20

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 February 1, 2011, for a foreigncorporation with a registered address in the stateof Pennsylvania as follows: Translucent Media,Inc., c/o AAAgent Services, LLC.This corporation is incorporated under the lawsof the State of California. The address of its principal office under the lawsof its jurisdiction in which it is incorporated is c/oSWQ, LLP, 2 King Arthur Court, Suite A, NorthBrunswick, NJ 08902.The corporation has been qualified in


m20

NOTICE IS HEREBY GIVEN that AirQuality Associates, Inc., a foreign business cor-poration incorporated under the laws of the Stateof Texas, where its principal office is located at7982 US Hwy 69 North, Tyler, TX 75706, hasapplied for a Certificate of Authority inPennsylvania, where its registered office is locat-ed at NRAI, Dauphin County. Nature of business is: Environmental

Remediation. m20

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState of the Commonwealth of Pennsylvania,Harrisburg, Pennsylvania, for the purpose ofobtaining a Certificate of Incorporation of a busi-ness corporation to engage in and do all lawfulbusiness for which corporations may be incorpo-rated and organized under the BusinessCorporation Law of 1988, Act of December 21,1988, P.L. 1444, as amended. The name of thecorporation incorporated and organized under thePennsylvania Business Corporation Law of 1988is CPA Pavement Services, Inc.

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

P.O. Box 95m20 Mechanicsburg, PA 17055

NOTICE IS HEREBY GIVEN that Articlesof Incorporation were filed with the Departmentof State of the Commonwealth of Pennsylvania,at Harrisburg, PA, for the purpose of obtaining aCertificate of Incorporation of a proposed professional corporation to be organized underthe Business Corporation Law of theCommonwealth of Pennsylvania, 1988,December 21, P.L. 1444, No. 177, and itsamendments and supplements. The name of thecorporation is: RJB Medical, P.C.

HURSH & HURSH, P.C.60 North Union Street

m20 Middletown, PA 17057

NOTICE IS HEREBY GIVEN that AmericanBeauty Academy, Inc., a foreign business corpo-ration incorporated under the laws of the State ofMaryland, where its principal office is located at119 Pope Ln, Queenstown, MD 21658, hasapplied for a Certificate of Authority inPennsylvania, where its registered agent is locat-ed at National Registered Agents, Inc. The registered office of the corporation shall bedeemed for venue and official publication pur-poses to be located in Dauphin County,Pennsylvania. m20

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of State of the Commonwealth of Pennsylvaniafor Gelman, Rosenberg & Freedman, AProfessional Corporation. The address of itsprincipal office under the laws of its jurisdictionis 4550 Montgomery Avenue, Suite 650N,Bethesda, MD 20814. The name of this corpora-tions commercial registered office provider isNational Registered Agents, Inc. in the countyof Dauphin. The Corporation is filed in compliance with the

requirements of the applicable provision of 15Pa. C.S. 4124(b). m20

NOTICE IS HEREBY GIVEN that MBCHolding, Inc. with a commercial registered agentin care of National Registered Agents, Inc. inDauphin County does hereby give notice of itsintention to withdraw from doing business in thisCommonwealth as per 15 Pa. C.S. 4129(b). Theaddress of its principal office under the laws of itsjurisdiction is c/o Davis & Gilbert LLP, 1740Broadway, New York, NY 10019. This shall serve as official notice to creditors andtaxing authorities. m20

NOTICE IS HEREBY GIVEN that anApplication for Certificate of Authority wasfiled with the PA Dept. of State on 05/03/11 byGlee Touring, Inc., a foreign corporationformed under the laws of the State of DE withits principal office located at 1209 OrangeStreet, Wilmington, DE 19801, to do business inPA under the provisions of the BusinessCorporation Law of 1988. The registered office in PA shall be deemed for

venue and official publication purposes to belocated in Dauphin County. m20

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for TECHNIMINDS, INC., a corporationorganized under the Pennsylvania BusinessCorporation Law of 1988. m20

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department ofState of the Commonwealth of Pennsylvania forBURT LEWIS INTERNATIONAL CORP.The address of its principal office under thelaws of its jurisdiction is 875 N. MichiganAvenue, Suite 2720, Chicago, IL 60661. Thename of this corporations commercial registeredoffice provider is National Registered Agents,Inc. in the county of Dauphin. The Corporation is filed in compliance with the


NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department ofState of the Commonwealth of Pennsylvania forCorporate Resource Services, Inc. Theaddress of its principal office under the laws ofits jurisdiction is 160 Broadway, 15th Floor,New York, NY 10038. The name of this corpo-rations commercial registered office provider isNational Registered Agents, Inc. in the countyof Dauphin. The Corporation is filed in compliance with the


NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department ofState of the Commonwealth of Pennsylvania forEDUCHANGE, INC. The address of its princi-pal office under the laws of its jurisdiction is666 Greenwich Street, Suite 634, New York, NY10014. The name of this corporations commer-cial registered office provider is NationalRegistered Agents, Inc. in the county ofDauphin. The Corporation is filed in compliance with the


NOTICE IS HEREBY GIVEN that aCertificate of Authority for a Foreign BusinessCorporation was filed in the Department of Stateof the Commonwealth of Pennsylvania forAdvantage Air Conditioning of Virginia, Inc.The address of its principal office under the lawsof its jurisdiction is 45580 Shepard Drive, Suite10, Sterling, VA 20164. The name of this corpo-rations commercial registered office provider isNational Registered Agents, Inc. in the county ofDauphin. The Corporation is filed in compliance with therequirements of the applicable provision of 15Pa. C.S. 4124(b). m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 3, 2011, by WarriorSports, Inc., a foreign corporation formed underthe laws of the State of Michigan where its prin-cipal office is located at 32125 HollingsworthAve., Warren, MI 48092, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o CT Corporation System, Dauphin County,Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 11, 2011, by VaughanHolland Consulting, Inc., a foreign corporationformed under the laws of the State of Illinois,where its principal office is located at c/o LloydVaughan, 1 S. 376 Summit Ave., Court A.,Oakbrook Terrace, IL 60181, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o Corporation Service Company, DauphinCounty, Pennsylvania. m20

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on April 14, 2011, by HealthInformation Associates, Inc., a foreign corpora-tion formed under the laws of the State of NorthCarolina, where its principal office is located at16 Otis Drive, Pawleys Island, SC 29585, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is located

at c/o National Registered Agents, Inc., DauphinCounty, Pennsylvania. m20

NOTICE IS HEREBY GIVEN that, pursuantto the provisions of Section 4129 of the BusinessCorporation Law of 1988, Micromuse, Inc., acorporation of the State of Delaware, with princi-pal office located at 139 Townsend St., SanFrancisco, CA 94107, and having a CommercialRegistered office Provider and county of venueas follows: National Registered Agents, Inc.,Dauphin County, which on August 14, 2001, wasgranted a Certificate of Authority, to transactbusiness in the Commonwealth, intends to file anApplication for Termination of Authority with theDepartment of State. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 13, 2011, by WellsFargo Financial, Inc., a foreign corporationformed under the laws of the State of Iowa,where its principal office is located at 800Walnut Street, F4030101, Des Moines, IA50309, 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 is located

at c/o Corporation Service Company, DauphinCounty, Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 9, 2011, by ParkmobileUSA, Inc., a foreign corporation formed underthe laws of the State of Georgia, where its prin-cipal office is located at 3200 Cobb GalleriaParkway, Suite 100, Atlanta, GA 30339, for aCertificate of Authority to do business inPennsylvania under the provisions of thePennsylvania Business Corporation Law of1988.The registered office in Pennsylvania is located

at c/o Corporation Service Company, DauphinCounty, Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 6, 2011, by StaffchoiceSolutions, Inc., a foreign corporation formedunder the laws of the State of Nevada, where itsprincipal office is located at 2717 Seville Blvd.,#13205, Clearwater, FL 33764, for a Certificateof Authority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o Corporation Service Company, DauphinCounty, Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 4, 2011, by DLZNational, Inc., a foreign corporation formedunder the laws of the State of Delaware, where itsprincipal office is located at 6121 Huntley Road,Columbus, OH 43229, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o Corporation Service Company, DauphinCounty, Pennsylvania. m20

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 11, 2011 by TheMathworks, Inc., a foreign corporation formedunder the laws of the State of Delaware where itsprincipal office is located at 3 Apple Hill Drive,Natick, MA 01760, for a Certificate of Authorityto do business in Pennsylvania under the provi-sions of the Pennsylvania Business CorporationLaw of 1988.The registered office in Pennsylvania is locatedat c/o CT Corporation System, Dauphin County,Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on April 28, 2011, by The BraunCorporation, a foreign corporation formedunder the laws of the State of Indiana, where itsprincipal office is located at 631 W. 11th Street,Winamac, IN 46996, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is located

at c/o CT Corporation System, Dauphin County,Pennsylvania. m20

NOTICE IS HEREBY GIVEN that anApplication was made to the Department of Stateof the Commonwealth of Pennsylvania, atHarrisburg, PA, on May 4, 2011, by MedicalPackaging Incorporated, a foreign corporationformed under the laws of the State of New Jersey,where its principal office is located at 470 Route31, Ringoes, NJ 08551, for a Certificate ofAuthority to do business in Pennsylvania underthe provisions of the Pennsylvania BusinessCorporation Law of 1988.The registered office in Pennsylvania is locatedat c/o CT Corporation System, Dauphin County,Pennsylvania. m20

FIRST PUBLICATION

Corporate Notices

NOTICE IS HEREBY GIVEN that on April27, 2011, an Application was made to theDepartment of State of the Commonwealth ofPennsylvania, at Harrisburg, PA, by PorscheFinancial Auto Securitization Trust 2011 d/b/aPorsche Financial Auto Securitization Trust2011 Limited, a foreign Business Trust formedunder the laws of the State of Delaware, whereits principal office is located at 919 N. MarketStreet, #1600, Wilmington, DE 19801, 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 CT Corporation System,Dauphin County, Pennsylvania. m20

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for AA MERGER CORP., a corporationorganized under the Pennsylvania BusinessCorporation Law of 1988. m20

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for TSABADOS, INC., a corporation organized under the Pennsylvania BusinessCorporation Law of 1988. m20

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for Ballarini North America, Inc., a cor-poration organized under the PennsylvaniaBusiness Corporation Law of 1988. m20

NOTICE IS HEREBY GIVEN that Articles ofIncorporation were filed with the Department ofState for S.A. HERZING, INC., a corporationorganized under the Pennsylvania BusinessCorporation Law of 1988. m20

NOTICE IS HEREBY GIVEN that anApplication for Registration of a fictitious name,David James Homes, for the conduct of businessin Pennsylvania, with the principal place of busi-ness being 1415 Towne Square Boulevard,Roanoke, Virginia 24012, was made to theDepartment of State of the Commonwealth ofPennsylvania at Harrisburg, Pennsylvania, onMay 5, 2011, pursuant to the Act of Assembly ofDecember 16, 1982, Act 295. The name and address of the only person or enti-ty owning or interested in the said business is:Heckman Homes, Inc., a foreign corporationformed under the laws of the Commonwealth ofVirginia, with the address listed above. m20

IN THE COURT OF COMMON PLEASOF DAUPHIN COUNTY

PENNSYLVANIA

No. 2010-CV-11226-NC

PETITION FOR CHANGE OF NAME

NOTICE

NOTICE IS HEREBY GIVEN that on March29, 2011, the Petition of Elgin R. Griffin wasfiled in the above named court, requesting adecree to change his name from Elgin R. Griffinto Elgin R. Britton.

The Court has fixed June 6, 2011 in CourtroomNo. 9 at 9:00 a.m., Dauphin County Courthouse,Front and Market Streets, Harrisburg, PA 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 the said Petition should not be granted.

m20


PENNSYLVANIA

No. 2009-CV-11251-MF

NOTICE OF SHERIFF’S SALE

WELLS FARGO BANK, N.A., Plaintiff

vs.

MELINDA N. ALLEN, Defendant

NOTICE

TO: UNKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE ORINTEREST FROM OR UNDERMELINDA N. ALLEN

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

BEING PREMISES: 612 LESCURE DRIVE,HARRISBURG, PA 17109.

BEING in SUSQUEHANNA TOWNSHIP,County of DAUPHIN, Commonwealth ofPennsylvania.

PARCEL Number 1: 62-042-102-000-0000.IMPROVEMENTS consist of residential

property.SOLD as the property of MELINDA N.

ALLEN.YOU ARE HEREBY NOTIFIED that your

house (real estate) at 612 LESCURE DRIVE,HARRISBURG, PA 17109 is scheduled to besold at the Sheriff’s Sale on JULY 14, 2011 at10:00 AM., at the DAUPHIN County Courthouseto enforce the Court Judgment of $165,919.94obtained by, WELLS FARGO BANK, N.A. (themortgagee), against the above premises.

PHELAN HALLINAN m20 & SCHMIEG, LLP

FIRST PUBLICATION

Fictitious Notices

FIRST PUBLICATION

Miscellaneous Notices


PENNSYLVANIA

CIVIL ACTION – LAW

No. 2011-CV-3498-QT

COMPLAINT TO QUIET TITLE

REBEKAH KESLER, Plaintiff

vs.

NATIONSCREDIT HOME EQUITYSERVICES CORPORATION, Defendant

NOTICE OFQUIET TITLE ACTION

TO: Nationscredit Home Equity Services Corporation, their heirs and assigns

YOU ARE HEREBY NOTIFIED that anaction to Quiet Title was brought against you inthe Court of Common Pleas of Dauphin CountyFiled No. 2011-CV-3498-QT requesting that yoube forever barred from asserting any right, title orinterest in and to the real property described herein Nationscredit Home Equity ServicesCorporation, their heirs and assigns have extin-guished any right, lien, title or interest claimed byyou or any other person or persons in and to thereal property described herein as follows:

ALL the following described real estate situatein the 2nd Ward, City of Harrisburg, County ofDauphin and Commonwealth of Pennsylvania,bounded and described in accordance with a sur-vey and plan thereof made by Gerrit J. Betz,Registered Surveyor, dated October 23, 1970, asfollows:

BEGINNING at a point on the southerly lineof Derry Street and at dividing line betweenpremises 1717 and 1719 Derry Street; thencealong the southerly line of Derry Street, south 70degrees 30 minutes east, 1707 feet to a point;

thence south 19 degrees 30 minutes west 100 feetto a point on the northerly line of Compass Alley;thence along the same north 70 degrees 30 min-utes west 1707 feet to a point at dividing line ofCompass Alley; thence along the same north 70degrees 30 minutes west 17.7 feet to a point atdividing line between premises 1717 and 1719Derry Street aforesaid; thence along same andthrough the center of a party wall, north 19degrees 30 minutes east 100 feet to a point, theplace of BEGINNING.

BEING premises known as No. 1719 DerryStreet.

PARCEL Number 02-033-005.YOU HAVE BEEN SUED IN COURT. If you

wish to defend against the claims set forth in thefollowing, you must take action within twenty(20) says 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 judgment may be entered against you by theCourt 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.

DAUPHIN COUNTYLAWYER REFERRAL SERVICE

213 North Front StreetHarrisburg, PA 17101

(717) 232-7536

DARRIN C. DINELLO, Esq.5405 Jonestown Road

Suite 101Harrisburg, PA 17112

m20 (717) 909-6730

FIRST PUBLICATION



PENNSYLVANIA


No. 2011-CV-2284-MF

NOTICE OF ACTION INMORTGAGE FORECLOSURE

DB50 2007-1 TRUST, Plaintiff

vs.

ADREA L. JACKSON, MORTGAGOR AND REAL OWNER, Defendant

TO: Adrea L. Jackson, Mortgagorand Real Owner, Defendant, whose last known address is 1011 Melrose StreetHarrisburg, PA 17104

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 PURPOSED OFCOLLECTING THE DEBT.

YOU ARE HEREBY NOTIFIED that PlaintiffDB50 2007-1 Trust, has filed a MortgageForeclosure Complaint endorsed with a notice todefend against you in the Court of Common Pleasof Dauphin County, Pennsylvania, docketed toNo. 2011-CV-2284-MF, wherein Plaintiff seeksto foreclose on the mortgage secured on yourproperty located, 1011 Melrose Street,Harrisburg, PA 17104, whereupon your propertywill be sold by the Sheriff of Dauphin County.

NOTICE

YOU ARE HEREBY NOTIFIED that youhave been sued in court. If you wish to defendagainst the claims set forth in the following, youmust take action within twenty (20) days after theComplaint and Notice are served, by entering awritten appearance personally or by attorney and

filing in writing with the court your defenses orobjections to the claims set forth against you. Youare warned that if you fail to do so the case mayproceed without you and a judgment may beentered against you by the Court without furthernotice for any money claim in the Complaint orfor any other claim or 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 OR CANNOT AFFORDONE, GO TO OR TELEPHONE THE OFFICESET FORTH BELOW. THIS OFFICE CANPROVIDE YOU WITH INFORMATIONABOUT HIRING A LAWYER. IF YOU CAN-NOT AFFORD TO HIRE A LAWYER, THISOFFICE MAY BE ABLE TO PROVIDE YOUWITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER LEGAL SERVICES TOELIGIBLE PERSONS AT A REDUCED FEEOR NO FEE.

CENTRAL PENNSYLVANIALEGAL SERVICES

213–A North Front StreetHarrisburg, PA 17101

(717) 232-0581



(717) 232-7536

MICHAEL T. MCKEEVER, Esq.Goldbeck McCafferty & McKeever, P.C.

701 Market St., Ste. 5000Phila., PA 19106-1532

m20 (215) 627-1322


PENNSYLVANIA


No. 2009-CV-18936-NT

PENNSYLVANIA STATE EMPLOYEESCREDIT UNION, Plaintiff

vs.

ADAM C. SMITH, Defendant

FIRST PUBLICATION


IMPORTANT NOTICE

TO: ADAM C. SMITH

YOU ARE IN DEFAULT BECAUSE YOUHAVE FAILED TO ENTER A WRITTENAPPEARANCE PERSONALLY OR BYATTORNEY AND FILE IN WRITING WITHTHE COURT YOUR DEFENSES OR OBJEC-TIONS TO THE CLAIMS SET FORTHAGAINST YOU. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THISNOTICE, A JUDGMENT MAY BE ENTEREDAGAINST YOU WITHOUT A HEARING ANDYOU MAY LOSE YOUR PROPERTY OROTHER IMPORTANT RIGHTS.

YOU SHOULD TAKE THIS NOTICE TO ALAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER, GO TO OR TELEPHONE THEFOLLOWING OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITHINFORMATION 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

SHAWN M. LONG, Esq.Barley Snyder LLC

126 East King StreetLancaster, PA 17602-2893

m20 (717) 299-5201


PENNSYLVANIA


No. 2008-CV-10470-CV


vs.

JOSE L. SANTIAGO-BURGOS, Defendant

IMPORTANT NOTICE

TO: JOSE L. SANTIAGO-BURGOS

YOU ARE IN DEFAULT BECAUSE YOUHAVE FAILED TO ENTER A WRITTENAPPEARANCE PERSONALLY OR BYATTORNEY AND FILE IN WRITING WITHTHE COURT YOUR DEFENSES OR OBJEC-TIONS TO THE CLAIMS SET FORTHAGAINST YOU. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THISNOTICE, A JUDGMENT MAY BE ENTEREDAGAINST YOU WITHOUT A HEARING ANDYOU MAY LOSE YOUR PROPERTY OROTHER IMPORTANT RIGHTS.

YOU SHOULD TAKE THIS NOTICE TO ALAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER, GO TO OR TELEPHONE THEFOLLOWING OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITHINFORMATION ABOUT HIRING A LAWYER.




(717) 232-7536



m20 (717) 299-5201

FIRST PUBLICATION



PENNSYLVANIA


No. 2009-CV-15047-CV


vs.

MELANIE BATES, Defendant

NOTICE

TO: MELANIE BATES

YOU ARE HEREBY NOTIFIED that onNovember 10, 2009, Plaintiff, Pennsylvania StateEmployees Credit Union, filed a Complaintendorsed with a Notice to Defend against you inthe Court of Common Pleas of Dauphin County,Pennsylvania, docketed to No. 2009-CV-15047-CV, which has been reinstated, wherein Plaintiffseeks to enforce its rights under its loan docu-ments.

SINCE YOUR CURRENT WHEREABOUTSare unknown, the Court by Order dated May 10,2011, ordered notice of said facts and the filing ofthe Complaint to be served upon you as providedby R.C.P. 430(b).

YOU ARE HEREBY NOTIFIED to plead tothe above referenced Complaint on or beforetwenty (20) DAYS from the date of this publica-tion or Judgment will be entered against you.

NOTICE

YOU HAVE BEEN SUED IN COURT. If youwish to defend, you must enter a written appear-ance personally or by attorney, and file yourdefenses or obligations 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.




(717) 232-7536



m20 (717) 299-5201


PENNSYLVANIA

No. 2011 CV 1240 NC


NOTICE

NOTICE IS HEREBY GIVEN that on April6th, 2011, the Petition of Ashley Renae Benner,was filed in the above named court, requesting adecree to change his/her name from AshleyRenae Benner to Alicia Ellen Jacobs.

The Court has fixed June 6th, 2011, inCourtroom No. 9, at 9:45 a.m., Dauphin CountyCourthouse, Front and Market Streets,Harrisburg, PA as the time and place for the hear-ing on said Petition, when and where all personsinterested may appear and show cause if any theyhave, why the prayer of the said Petition shouldnot be granted. m20

FIRST PUBLICATION



PENNSYLVANIA


NOTICE

NOTICE IS HEREBY GIVEN that onDecember 21, 2010, the Petition of JoshuaMiguel Moore a/k/a Joshua Miguel MooreSteele was filed in the above named court,requesting a decree to change his name fromJoshua Miguel Moore to Jesus Guzman Tello.

The Court has fixed June 6, 2011 in CourtroomNo. 9 at 11:15 a.m., Dauphin County Courthouse,Front and Market Streets, Harrisburg, PA 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 the said Petition should not be granted.

NORA F. BLAIR, Esq.5440 Jonestown Road

P.O. Box 6216m20 Harrisburg PA 17112-0216


PENNSYLVANIA

DOCKET No: 2011-CV-2712-NC


NOTICE

NOTICE IS HEREBY GIVEN that on April20, 2011, the Petition of Mildred Kay Best a/k/aKay Best was filed in the above named court,requesting a decree to change her name fromMildred Kay Best to Kay Springer Best.

The Court has fixed June 6th, 2011 inCourtroom No. 9 at 10:30 a.m., Dauphin CountyCourthouse, Front and Market Streets,Harrisburg, PA as the time and place for the hear-

ing on said Petition, when and where all personsinterested may appear and show cause if any theyhave, why the prayer of the said Petition shouldnot be granted.

NORA F. BLAIR, Esq.5440 Jonestown Road

P.O. Box 6216m20 Harrisburg PA 17112-0216

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, June 21, 2011. Pursuantto Dauphin County Orphans’ Court Rule 6.10.1,objections to an account must be filed in writingwith the Register or Clerk no later than the closeof business on Tuesday, June 14, 2011.

1. FRONEYBARGER, JOHN W.,Deceased, First and Final Account ofManufacturers and Traders TrustCompany, Executor

2. KAUFFMAN, RICHARD A., Deceased,First and Final Account of Daniel R.Kauffman, Executor

3. SINON, FRANK A., Deceased, Second,and Final Account of Sherill T. Moyer andStanley A. Smith, Trustees, for QTIP TrustUnder Item 5 of the Will of Frank Sinon,FBO Dorothy James Sinon

Dated: May 9, 2011/s/ SANDRA C. SNYDER

Register of Wills andm13-m20 Clerk of the Orphans’ Court Division

FIRST PUBLICATION


SECOND PUBLICATION


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Vol. 124 DAUPHIN COUNTY REPORTS I

CUMULATIVE TABLE OF CASES

Adams, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

Atlantic Credit & Finance Inc. v. Wylie . . . . . . . . . . . . . . . . . . . . . 163

Britton, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344

Cameron Real Estate, LP, et al., Pennsy Supply, Inc. v. . . . . . . . . . 99

Carns, Enders v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Carroll, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

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

Commonwealth v. Adams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296

Commonwealth v. Britton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344

Commonwealth v. Carroll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Commonwealth v. Fernsler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Commonwealth v. Gross . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

Commonwealth v. Hosby . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Commonwealth v. Jones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

Commonwealth v. McCreary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314

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

Commonwealth v. Perretta-Rosepink

Commonwealth v. Veon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

Commonwealth v. Wingus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Commonwealth v. Veon

Commonwealth v. Perretta-Rosepink . . . . . . . . . . . . . . . . . . . 262

Commonwealth (PennDOT), Wagner v. . . . . . . . . . . . . . . . . . . . . . 300

Consoli v. Elias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281

Cox, Wilson, et al. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Daniels, et al., v. Norfolk Southern Corporation, et al.,

Wallett’s Flooring Services, Inc. v. . . . . . . . . . . . . . . . . . . . . . 94

DeHart, Fletcher v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Dock v. Harrisburg Hospital, et al. . . . . . . . . . . . . . . . . . . . . . . . . . 106

East Hanover Township Board of Supervisors

v. RVG Land, LLC, Mundy, et al. v. . . . . . . . . . . . . . . . . . . . . 116

Elias, Consoli v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281

Enders v. Carns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355

Estrada v. Olt, et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Estright v. Harrisburg Hospital, et al. . . . . . . . . . . . . . . . . . . . . . . . 153

Fenstermacher, Mihelich v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

Fenstermacher, Mihelich v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

Fernsler, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

Fletcher v. DeHart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

Gebhardt v. Woods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Gross, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

Harrisburg Hospital, et al., Dock v. . . . . . . . . . . . . . . . . . . . . . . . . 106

Harrisburg Hospital, et al., Estright v. . . . . . . . . . . . . . . . . . . . . . . 153

Hartman, et al. v. Hershey Medical Center, et al. . . . . . . . . . . . . . . 243

Herd Chiropractic v. State Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

Hershey Medical Center, et al., Hartman, et al. v. . . . . . . . . . . . . . 243

Hershey Medical Center, et al., Lopresti v. . . . . . . . . . . . . . . . . . . 48

Hosby, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

In re: Appeal of City of Harrisburg . . . . . . . . . . . . . . . . . . . . . . . . . 200

In re: Condemnation of Sheesley Estate . . . . . . . . . . . . . . . . . . . . . 223

In re: Estate of Benjamin F. Herr . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

Investigative Consultant Services, Inc., et al.,

Tagouma v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Jones, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

II DAUPHIN COUNTY REPORTS Vol. 124

Cumulative Table of Cases

K.S.R. v. Reinhardt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323

Kelly v. Kelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Kelly, Kelly v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

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

Keystone Service Systems, Inc., Pennswood

Apartments L.P. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

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

Lopresti v. Hershey Medical Center, et al. . . . . . . . . . . . . . . . . . . . 48

McAfee v. Quantum Imaging and Therapeutic

Associates, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

McCreary, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314

McGarrie v. Short . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

McNany, Walter v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Mihelich v. Fenstermacher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

Mihelich v. Fenstermacher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

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

Mundy, et al. v. East Hanover Township Board of Supervisors

v. RVG Land, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

Norfolk Southern Corporation, et al. v.

Wallett’s Flooring Services, Inc. v. Daniels, et al. . . . . . . . . . 94

Olt, et al., Estrada v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Papadoplos v. Schmidt, Ronca & Kramer, P.C. . . . . . . . . . . . . . . . 205

PennDOT, Smith v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

Pennswood Apartments L.P. v. Keystone Service Systems, Inc. . . 27

Pennsy Supply, Inc. v. Cameron Real Estate, LP, et al. . . . . . . . . . 99

Perretta-Rosepink, Commonwealth v.

Commonwealth v. Veon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

Peters v. Zoning Hearing Board of Londonderry Township . . . . . 166

Vol. 124 DAUPHIN COUNTY REPORTS III


Quantum Imaging and Therapeutic Associates, Inc.,

McAfee v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Reinhardt, K.S.R. v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323

RVG Land, LLC, Mundy, et al. v. East Hanover Township

Board of Supervisors v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

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

Schmidt, Ronca & Kramer, P.C., Papadoplos v. . . . . . . . . . . . . . . . 205

Short, McGarrie v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Smith v. PennDOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376

State Farm, Herd Chiropractic v. . . . . . . . . . . . . . . . . . . . . . . . . . . 180

State Farm, Tomasetti v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

Tagouma v. Investigative Consultant

Services, Inc., et al. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

Tomasetti v. State Farm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186

Veon, Commonwealth v.

Commonwealth v. Perretta-Rosepink . . . . . . . . . . . . . . . . . . . 262

Wagner v. Commonwealth (PennDOT) . . . . . . . . . . . . . . . . . . . . . . 300

Wallett’s Flooring Services, Inc. v. Daniels, et al.,

v. Norfolk Southern Corporation, et al. . . . . . . . . . . . . . . . . . . 94

Walter v. McNany . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

Warner, Wege v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219

Wege v. Warner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219

Wilson, et al. v. Cox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Wingus, Commonwealth v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Woods, Gebhardt v. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

Wylie, Atlantic Credit & Finance Inc. v. . . . . . . . . . . . . . . . . . . . . 163

Zoning Hearing Board of Londonderry Township, Peters v. . . . . . 166

IV DAUPHIN COUNTY REPORTS Vol. 124


TRIAL AHEAD?CONSIDER AN

ALTERNATE ROUTE:

DAUPHIN COUNTYBAR ASSOCIATION

Civil Dispute Resolution Program

CALL(717) 232-7536

BAR ASSOCIATION PAGEDauphin County Bar Association

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

Board of Directors

Elizabeth S. Beckley Brett M. WoodburnPresident President-Elect

Jonathan W. Kunkel James M. McCarthyVice-President Treasurer

John D. Sheridan James P. DeAngeloSecretary Past President

Carrie E. Smyth Kimberly A. SelembaYoung Lawyers’ Chair Young Lawyers’ Chair-Elect

William L. Adler Lindsay Gingrich MaclayHarry M. Baturin Dianne I. Nichols

C. Grainger Bowman Gerald S. RobinsonRobert E. Chernicoff Adam M. Shienvold

Brooks R. Foland Robert F. TeplitzS. Barton Gephart Claudia M. Williams

Kandice J. Giurintano Michael W. WinfieldLeah M. Lewis

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

MAY 2011 Judge Deborah Essis CURCILLOJUNE 2011 Judge Bernard L. COATES, JR.

Opinions Not Yet Reported

BAR ASSOCIATION PAGE – Continued

MISCELLANEOUS SECTION

ATTORNEY — Office seeks an attorney with experience in estate andcorporate matters. Excellent research and writing required. Litigation experience ispreferred. Cover letter or resume should address prior experience in both state andfederal courts. Position is contract-type work done at hourly rate and will becomefull-time in September 2011. Please forward cover letter, resume, and writing sampleto James G. Gault, Esquire, 840 Market Street, Suite 153, Lemoyne, PA 17043. Allreplies will be held in strict confidence. m13-m27

TENANT IN LAW OFFICE — in Harrisburg $500 per month — Free parking— Call P. Foster 717-234-9321. m6-m20

PART-TIME LEGAL SECRETARY WANTED — 15-20 hours/week.Flexible schedule. WordPerfect/Word skills. Knowledge of estate planning andadministration helpful. If interested, send résumé to: Dauphin County Reporter, Attn:D, 213 N. Front Street, Harrisburg, PA 17101. m6-m20

ATTORNEY POSITIONS AVAILABLE — Small to medium size CentralPennsylvania Law firm seeks mid to senior level attorneys to join growing practiceand fill expanding needs in the following areas, with compensation packages forthese open positions to be commensurate with level of experience and value ofportable practice, if any:

Employee Benefits — Qualified candidates will have knowledge in the design,implementation and administration of retirement and welfare benefit plans,retirement planning, taxation of plan distributions and benefits, and all aspects ofERISA.

Litigation — Qualified candidates will have experience representing businessesand employers in general liability, employment law matters and commerciallitigation at the state and Federal court levels.

Business / Corporate — Qualified candidates will have expertise in theformation and representation of general and limited partnerships, public and closely-held corporations, and sole proprietorships, in general commercial and businessmatters.

Workers’ Compensation — Qualified candidates will have experience inrepresenting self-insured employers and insurance carriers in all aspects of thePennsylvania Workers’ Compensation adjudication process.

Please reply in confidence to: Dauphin County Bar Assn., Box E, 213 NorthFront Street, Harrisburg, PA 17101. m20-j3



DAUPHIN COUNTY COURT OF COMMON PLEAS

As a service to members of the Dauphin County Bar Association, a briefsynopsis of verdicts from each civil trial term will be printed.

Summary of Verdicts from the April 2011 Civil Jury Term

The Judges have completed the April 2011 civil jury term. One civil casereached verdict during the April civil term and one civil case settled during jurydeliberations. One civil case reached verdict during the March Criminal term. Thesummaries are as follows:

TAYLER TUCKER, A MINOR BY HER PARENTS AND NATURAL GUARDIANS,JACKIE TUCKER AND TERRENCE TUCKER AND JACKIE TUCKERAND TERRENCE TUCKER IN THEIR OWN RIGHT v. DANIEL I.WEBER, M.D., HANFORD NDLOVU, M.D., BEVERLY HALL NDLOVU,M.D., WEBER OB/GYN ASSOCIATES, SANDRA HOOPS, C.N.M.,CAROL LANDRY, C.N.M., PINNACLE HEALTH SYSTEM-POLYCLINIC HOSPITAL AND HARRISBURG HOSPITAL (2002 CV2701)

This case arose out of the obstetrical care rendered to Jackie Tucker in the course ofdelivery of the minor Plaintiff, Tayler Tucker. Plaintiffs asserted that DefendantSandra Hoops, a certified nurse midwife was negligent in the course of deliveringthe child when shoulder dystocia was encountered. Plaintiffs asserted that theprenatal care was deficient in failing to properly assess the potential risk ofshoulder dystocia based upon the mother’s gestational diabetes and the size of thebaby. Plaintiffs argued that the administration of pitocin during the active phaseof delivery resulted in hyper stimulation of the uterus and that this contributed toan impact of the shoulder with the pelvis. Plaintiffs asserted that the child wasborn with a brachial plexus injury which has resulted in permanent impairmentof the left shoulder including an arm length differential, asymmetry of theshoulders and scarring from necessary surgery.

Defendants contended that the prediction of the occurrence of shoulder dystocia isunsuccessful and that the mother’s gestational diabetes was not a predictor.Defendants further responded that once shoulder dystocia is encountered, thegoal is to deliver a baby quickly without hypoxic injury. Defendants asserted thatthe shoulder dystocia was unrelated to the pre-natal care, and that Nurse Hoopsresponded correctly to the shoulder dystocia at delivery. Defendants disputed theextent of any alleged disability, and whether the mother properly complied withsuggested therapies for the minor.

Counsel for Plaintiffs: Sidney M. Grobman and Philip L. BlackmanCounsel for Defendants: Aaron Jayman and B. Craig BlackJudge: Todd A. HooverVerdict: Defendant



MONICA E. WOODYARD v. ROBERT L. LANE, JR. AND ELAINE LANE (2007 CV 6134)

Plaintiff was a tenant in a building owned by Defendant Robert Lane. Plaintiffalleged that she was ascending the stairway from the first to second floors of thehome she rented and developed pain in her right knee. She averred that she feltmovement of the stairs which caused her to fall and injure her knee.

Counsel for Plaintiff: W. Scott HenningCounsel for Defendants: Joseph MuzicJudge: Lawrence F. Clark, Jr.Verdict: Case settled during jury deliberations

ROBERT ARCHIBALD AND KRISTA ARCHIBALD, HUSBAND AND WIFE v.CODY KEMBLE (2005 CV 2079)

This case arose out of an incident during an amateur hockey game at Twin PondsEast. Plaintiff and Defendant were competing for the puck when Plaintiff hit theboards and fractured his femor. Plaintiff claimed that he was ‘slew-footed’ (legchecked) by Defendant during the non-checking hockey game while Defendantclaimed that Plaintiff, due to poor skating ability, lost his balance and struck theboards.

Counsel for Plaintiffs: Scott B. CooperCounsel for Defendant: Stephen L. Banko, Jr.Judge: Scott Arthur EvansVerdict: Defendant m20

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