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DELAWARE COUNTY LEGAL JOURNAL July 1, 2022 ~ Vol. 109 • No. 26 ~ Media, PA NOTICES TO THE BAR Calendar: DCBA Events 3 PBI Seminars 4 ———— DCBA Membership Directory Update 5 LEGAL NOTICES Charter Application Non-Profit 17 Classified Ad 18 Estate and Trust Notices 8 Fictitious Name 18 Judgments 21 Limited Liability Company 18 Service by Publication 18 Sheriff ’s Sales 23 N.B. CASES REPORTED-109 Del. Co. Rep. 147-153 Chester Upland S.D. et al. v. Delco Bd. of Assess. et al.—Preliminary Objections – Legal Insufficiency of a Pleading (Demurrer) – Consolidated County Assessment Law – Appeals by Taxing District – Burden of Proof – Duty of Board of Assessment Appeal to Defend Assessment 147 DCBA CLOSED July 4 th in Observance of Independence Day

DELAWARE COUNTY LEGAL JOURNAL

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L July 1, 2022 ~ Vol. 109 • No. 26 ~ Media, PA

NOTICES TO THE BAR

Calendar: DCBA Events 3 PBI Seminars 4

————DCBA Membership Directory Update 5

LEGAL NOTICESCharter Application Non-Profit 17Classified Ad 18Estate and Trust Notices 8Fictitious Name 18Judgments 21Limited Liability Company 18Service by Publication 18Sheriff ’s Sales 23

N.B.

CASES REPORTED-109 Del. Co. Rep. 147-153Chester Upland S.D. et al. v. Delco Bd. of Assess. et al.—Preliminary Objections –

Legal Insufficiency of a Pleading (Demurrer) – Consolidated County Assessment Law – Appeals by Taxing District – Burden of Proof – Duty of Board of Assessment Appeal to Defend Assessment

147

DCBA CLOSEDJuly 4th in Observance of

Independence Day

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NOTICES TO THE BAR Vol. 109 No. 26 7/1/22Christina V. Hayes DELAWARE COUNTY LEGAL JOURNAL

EXECUTIVE DIRECTORWilliam L. Baldwin Executive Director

STAFFJacqueline H. CsopTracy E. PriceNancy Ravert WardDebby A. SulekKathryn I. Tarr

OFFICE:Bar Association Building 335 West Front Street Media, PA 19063 Telephone (610) 566-6625 Facsimile (610) 566-7952 http://www.delcobar.org

Subscription $125.00 Per Year. Published Every Friday. Legal Notices, advertisements and notices to the bar must be received by 11:00 a.m. on Wednesday one week prior to the date of publication. Periodicals-class postage paid at Media, PA and additional offices, under the Act of Congress, March 3, 1879.Postmasters: Changes of address are to be sent to 335 W. Front St., Media, PA 19063Copyright © 2022 Delaware County Bar AssociationAll rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopying, or any other means without the prior written permission of the copyright holder.

All legal notices must be submitted in typewritten form and are published exactly as submit-ted by the advertiser. Neither the Delaware County Legal Journal nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. The Delaware County Legal Journal makes no representation as to the quality of services offered by any advertiser in this publication.

Hon. William C. Mackrides Jennifer H. Maddaloni Kathleen O’Connell-Bell Daniel J. Siegel Douglas L. Smith Rosalie Spelman Barry W. VanRensler

Ronald A. Amarant Matthew J. Bilker Hon. John P. Capuzzi, Sr. David S. Daniel Marie C. Feindt Rachael L. Kemmey

LEGAL JOURNAL COMMITTEE

Editor:Christina V. Hayes Assistant Editor:David S. Daniel Assistant EditorJudicial Representative:Hon. George A. Pagano

USPS 151-960The Official Legal Newspaper of Delaware County — Reporting the Decisions of the

Courts of Delaware County The 32nd Judicial District of PennsylvaniaOWNED AND PUBLISHED BY

DELAWARE COUNTY BAR ASSOCIATION2022

OFFICERSCarrie A. Woody PresidentPatrick T. Daley President ElectRachael L. Kemmey Vice PresidentMichael J. Davey TreasurerMatthew J. Bilker Recording SecretaryJennifer M. Di Pillo Corresponding Secretary

DIRECTORS Karen E. Friel Robert F. Kelly, Jr. Past PresidentsAshleigh L. Latonick President, Young Lawyers’ SectionLindsey J. Conan Hon. Frank T. Hazel Patrick T. Henigan Joseph T. Mattson John P. McBlain

Theresa Flanagan Murtagh M. Elizabeth Naughton- Beck Brian S. Quinn Lorraine M. Ramunno Daniel J. Siegel Francis A. Urso

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NOTICES TO THE BAR Vol. 109 No. 26 7/1/22

CALENDARS:DELAWARE COUNTY BAR ASSOCIATION

MARK YOUR CALENDARS!

PLEASE SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION REGARDING CLE SEMINARS

FREE NOTARY SERVICE FOR DCBA MEMBERS

Another benefit of membership.If you have any questions, please call(610) 566-6625.

JULY: July 4 DCBA CLOSED – Independence Day Holiday

Observed July 6 FLS – Meeting – 12:30 p.m. July 12 Executive Committee – Meeting – 12:15 p.m. July 13 WILC – Meeting – 12:00 Noon July 20 Board of Directors – Meeting – 4:00 p.m.

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NOTICES TO THE BAR Vol. 109 No. 26 7/1/22

SEMINARS:

PBI SEMINARS

All PBI seminars listed will be held at the Delaware County Bar Association.

If applying for CLE credits, attendee must abide by the requirements set forth by the CLE Board and the Supreme Court of Pennsylvania. Send check and registration to: Pennsylvania Bar Institute, 5080 Ritter Road, Mechan-icsburg, PA 17055.

For more information or to register for the PBI classes, visit PBI.org or call PBI at (800) 247-4724.

PBI will provide downloadable materials instead of printed materials for most courses. The Delaware County Bar Association WILL NOT print course materials for walk-ins.

Preregistration is strongly suggested. PBI can make the decision to cancel a simulcast due to low or no registrations. Call PBI prior to walking in to be sure it is still scheduled.

JULY 7, 2022 Dealing With Difficult Opposing Counsel 20229:00 a.m. to 12:15 p.m., Registration 8:30 a.m.Tuition—Standard: $249.00, New Attorney: $125.00Paralegal: $125.00, Judicial Law Clerk: $125.00Credits: 0 Substantive, 3 Ethics

JULY 20, 2022 Corporate Governance 20229:00 a.m. to 1:20 p.m., Registration 8:30 a.m.Tuition—Standard: $249.00, New Attorney: $125.00Paralegal: $125.00, Judicial Law Clerk: $125.00Credits: 2 Substantive, 1 Ethics

JULY 25, 2022 U.S. Supreme Court Roundup 20229:00 a.m. to 12:20 p.m., Registration 8:30 a.m.Tuition—Standard: $249.00, New Attorney: $125.00Paralegal: $125.00, Judicial Law Clerk: $125.00Credits: 3 Substantive, 0 Ethics

JULY 26, 2022 Estates and Creditor Claims 20229:00 a.m. to 12:15 p.m., Registration 8:30 a.m.Tuition—Standard: $249.00, New Attorney: $125.00Paralegal: $125.00, Judicial Law Clerk: $125.00Credits: 3 Substantive, 0 Ethics

August 3, 2022 Vehicle Stops and Searches in Pennsylvania 2022

9:00 a.m. to 12:15 p.m., Registration 8:30 a.m.Tuition—Standard: $249.00, New Attorney: $125.00Paralegal: $125.00, Judicial Law Clerk: $125.00Credits: 3 Substantive, 0 Ethics

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NOTICES TO THE BAR Vol. 109 No. 26 7/1/22

DCBA MEMBERSHIP DIRECTORY UPDATEMalley, Joseph A., III –

Malley Law, 15 E. Second Street, Media, PA 19063.Phone: (610) 566-8010. Fax: (610) 566-9362.E-mail address: [email protected] or www.malleylawpa.comFirm dropped the P.O. Box.

July 1

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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The Foundation for Delaware County is one of nearly 800 community foundations across the United States. Community foundations are leaders in promoting and encouraging philanthropy and in addressing issues that improve the quality of life in a specific geographic area.

The Foundation for Delaware County can help your clients meet their philanthropic goals through estate planning – addressing the causes they care about most while assuring maximum tax advantages for themselves.

Following are a few examples of ways we can help you:

· We know the players. If your client has questions about the nonprofit community in Delaware County, you can rely on us for our knowledge of Delaware County and its needs.

· We tailor our services to your needs. You can come to us for as little assistance or as much as you want. Whether your client wants to create a fund or consider other giving vehicles in their estate planning, the foundation can work behind the scenes to assist your client or meet with your clients directly.

· We can help with the details. We can provide research assistance, sample language for gift agreements and customized gift calculations.

The Foundation for Delaware County – Together We Can Achieve

Great Solutions for Your Clients

To find out more, visit www.delcofoundation.org or contact Monika Collins at 610-744-1015 or [email protected]

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NOTICES TO THE BAR Vol. 109 No. 26 7/1/22

The Practice of Law is Just Part of a Successful Firm – Your Legal Administrator Takes Care of the RestThe Association of Legal Administrators, Independence Chapter, provides education, support, and professional networking opportunities to law firm administrators and office managers.

Is your legal administrator in this photo? If not, why?

For membership and meeting information, view www.ALA-Independence.org or contact Membership Chair Joan Wean at 215-661-0400 or via email at [email protected]

A Chapter of the Association of Legal Administrators

Seated – Front row (From leFt) – Diane Burkhardt, Lewis Brisbois Bisgaard & Smith LLP; Cristin Bucciaglia,

Saul Ewing Arnstein & Lehr LLP; Sandy Caiazzo, Marshall Dennehey Warner Coleman & Goggin.

Second row (From leFt) – Vickie Klein, Webster Law P.C.; Sharon O’Donnell, Joanne DiFrancesco, High Swartz LLP; Joan Wean, Hamburg Rubin Mullin Maxwell & Lupin; Diane Scholl, Law Offices of William L. Goldman PC; Linda Andrews, Lentz Cantor & Massey Ltd; Michele Kissling, Marshall Dennehey Warner Coleman & Goggin;

Conni Sota, Heckscher Teillon Terrill & Sager.

third row (From leFt) – Maureen Austin, Blank Rome LLP; Anne Paisley, Heckscher, Teillon, Terrill & Sager; Carmela Ginsberg, Berger & Montague PC; Ellen Freedman, PA Bar Association; Adelaine Williams, Kaplin Stewart; Michele Scarpone, Wisler Pearlstine LLP; Janet Molloy, Sweet Stevens Katz & Williams LLP;

Darlene Sellers, High Swartz LLP.

Back row (From leFt) – Amy Coral, Pepper Hamilton LLP; Janette Chamberlin, Pepper Hamilton LLP; Marlys Hickman, Fox Rothschild LLP; Donna Day, O’Donnell Weiss & Mattei PC; Lisa Blair, Burns White LLC; Suzanne Cressman, Rubin Glickman Steinberg & Gifford PC; Maureen Stankiewicz, Law Offices of Caryl Andrea Oberman; Kathleen Remetta, Blank Rome LLP; Alissa Hill, Fisher & Phillips LLP.

Legal administrators manage more than a law firm’s personnel, finances, technology, and human resources – they assist in managing your firm’s level of service and reputation for quality. As they navigate the daily pressures of firm management, who can they turn to to improve their skills? The Independence Chapter of the Association of Legal Administrators brings together legal administrators from Berks, Bucks, Chester, Delaware, Lehigh and Montgomery counties for:

■ Educational Opportunities Seminars in finance, human resources, technology,disaster recovery, ethics, marketing, and professional development.

■ Networking and Leadership Opportunities■ Collegial Support through Monthly Luncheons

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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ESTATE AND TRUST NOTICES

Notice is hereby given that, in the es­tates of the decedents set forth below, the Register of Wills has granted letters testa­mentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased set­t lors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below.

FIRST PUBLICATIONROMUALDO C. AGUILA a/k/a

ROMUALDO AGUILA, dec’d. Late of the Township of Ridley, Delaware County, PA. Admr.: Janus Aguila, 1 Prichard Ave., Newtown Square, PA 19073.

VIOLETA MENDOZA AGUILA a/k/a VIOLETA M. AGUILA and VIOLETA AGUILA, dec’d. Late of the Township of Ridley, Delaware County, PA. Admr.: Janus Aguila, 1 Prichard Ave., Newtown Square, PA 19073.

KEVIN PATRICK ANTHONY, dec’d. Late of the Township of Haverford, Delaware County, PA. Admx.: Wendy Ann Anthony, 27 Greenview Ln., Havertown, PA 19083. LINDA McGRIER, ATTY. 2211 Chichester Ave. Upper Chichester, PA 19061

KENNETH A. AYRES a/k/a KENNETH ALAN AYRES, dec’d. Late of the Township of Upper Providence, Delaware County, PA. Extr.: Robert A. Turco, Esquire, 339 West State Street, Media, PA 19063. ROBERT A. TURCO, ATTY. Mitchell, Taylor & Turco, P.C. 339 West State Street Media, PA 19063

KATHERINE W. BACON, dec’d. Late of the Township of Springfield, Delaware County, PA. Katherine W. Bacon Revocable Trust. Trustee: Barbara B. Berlin c/o Steven M. Zelinger, Esquire, The Philadelphia Bldg., 1315 Walnut St., #1003, Philadelphia, PA 19107.

STEVEN M. ZELINGER, ATTY. The Law Office of Steven M. Zelinger LLC The Philadelphia Bldg. 1315 Walnut St. #1003 Philadelphia, PA 19107

WILLIAM R. BRAINERD, dec’d. Late of the Township of Marple, Delaware County, PA. Extr.: Timothy B. Barnard, 218 West Front Street, P.O. Box 289, Media, PA 19063.

JEAN F. BRATTON, dec’d. Late of the Township of Concord, Delaware County, PA. Extrs.: Pamela Bratton Slater, Lisa Bratton and Andrew Fleming Bratton c/o Deirdre Agnew, Esquire, 1450 East Boot Road, Bldg. 400A, West Chester, PA 19380. DEIRDRE AGNEW, ATTY. 1450 East Boot Road Bldg. 400A West Chester, PA 19380

MARY F. BRUNELLI a/k/a MARY L. BRUNELLI and MARY BRUNELLI, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extx.: Joyce D. Cardillo c/o Lindsey J. Conan, Esquire, 755 North Monroe Street, Media, PA 19063. LINDSEY J. CONAN, ATTY. Conan Law Offices, LLC 755 North Monroe Street Media, PA 19063

VEDA S. CESNA, dec’d. Late of the Township of Concord, Delaware County, PA. Extr.: Eric S. Cesna c/o Paul O’Brien, Esquire, 3801 Kennett Pike, C204, Greenville, DE 19807. PAUL O’BRIEN, ATTY. 3801 Kennett Pike C204 Greenville, DE 19807

LARRY S. CREW, dec’d. Late of the City of Chester, Delaware County, PA. Admx.: Fatima J. Crew, 716 Rockland St., Apt. 5, Lancaster, PA 17602. HEATHER L. TURNER, ATTY. Law Office of Heather L. Turner, LLC 137 N. Narberth Ave. Narberth, PA 19072

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FRANK MICHAEL D’AMORE a/k/a FRANK M. D’AMORE, dec’d. Late of the Township of Haverford, Delaware County, PA. Extr.: Glenn David D’Amore a/k/a Glen D’Amore c/o Tara M. Walsh, Esquire, 30 Valley Stream Parkway, Malvern, PA 19355­1481. TARA M. WALSH, ATTY. Stradley, Ronon, Stevens & Young, LLP 30 Valley Stream Parkway Malvern, PA 19355­1481

JOHN F. DUINK, dec’d. Late of the Township of Nether Providence, Delaware County, PA. John F. Duink Agreement of Trust Dated 04/28/1993 as Amended. Trustees: Jill E. Duink and Amy J. Smith c/o Guy F. Matthews, Esquire, 300 W. State St., Ste. 300, Media, PA 19063. GUY F. MATTHEWS, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

SHEILA FANSHEL a/k/a SHEILA R. FANSHEL dec’d. Late of the Township of Marple, Delaware County, PA. Alt. Extx.: Sandra Fanshel c/o Henry S. Warszawski, Esquire, Archways Prof. Bldg., 413 Johnson St., (201), Jenkintown, PA 19046. HENRY S. WARSZAWSKI, ATTY. Archways Prof. Bldg. 413 Johnson St. (201) Jenkintown, PA 19046

RUTH A. GIDUCK a/k/a RUTH ANN GIDUCK, dec’d. Late of the Township of Aston, Delaware County, PA. Extr.: R. Michael Giduck c/o Robert C. Ewing, Esquire, 116 W. Baltimore Avenue, P.O. Box 728, Media, PA 19063. ROBERT C. EWING, ATTY. 116 W. Baltimore Avenue P.O. Box 728 Media, PA 19063

MAFALDA FILOMENA GIURASTANTE a/k/a MAFALDA F. GIURASTANTE and MAFALDA GIURASTANTE, dec’d. Late of the Township of Newtown, Delaware County, PA. Extx.: Marisa G. Jermacans, 1007 Evesham Court, West Chester, PA 19382.

ORESTE GIURASTANTE, dec’d. Late of the Township of Newtown, Delaware County, PA. Extx.: Marisa G. Jermacans, 1007 Evesham Court, West Chester, PA 19382.

DAVID A. HAMILTON a/k/a DAVID A. HAMILTON, SR., dec’d. Late of the Township of Upper Chichester, Delaware County, PA. Extx.: Joan Marie Hudecheck c/o Matthew C. Stone, Esquire, 4126 Edgmont Avenue, Brookhaven, PA 19015. MATTHEW C. STONE, ATTY. The Law Offices of Stone & Stone, LLC 4126 Edgmont Avenue Brookhaven, PA 19015

MARILYN LEWIS HEMMINGER a/k/a MARILYN L. HEMMINGER, dec’d. Late of the Township of Newtown, Delaware County, PA. Extrs.: Kimberley Jessen (Named in Will as Kimberley L. Hemminger) and Girard W. Hemminger c/o David S. Workman, Esquire, 200 S. Broad St., Ste. 600, Philadelphia, PA 19102. DAVID S. WORKMAN, ATTY. Astor Weiss Kaplan & Mandel, LLP 200 S. Broad St. Ste. 600 Philadelphia, PA 19102

JOANNE JASTISAN, dec’d. Late of the Township of Middletown, Delaware County, PA. Admr.: John Jastisan, 3000 Valley Forge Cir., Apt. 856, King of Prussia, PA 19406.

LUCI KANE a/k/a LUCI M. KANE, dec’d. Late of the Township of Concord, Delaware County, PA. Extrs.: Robert S. Kane and Wendy Kane Margolies (Named in Will as Wendy S. Kane) c/o Denise M. Cordes, Esquire, 300 W. State St., Ste. 300, Media, PA 19063.

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DENISE M. CORDES, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

JOHN E. LANGAN, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extr.: Bruce P. Langan, 26 S. Kirklyn Ave., Upper Darby, PA 19082.

ORPHA M. LAPPS, dec’d. Late of the Township of Springfield, Delaware County, PA. Co­Extrs.: Joseph A. Lapps, Jr. and Linda Frese c/o James E. Sher, Esquire, 15019 Kutztown Road, Kutztown, PA 19530. JAMES E. SHER, ATTY. 15019 Kutztown Road Kutztown, PA 19530

JOYCE W. LINDENMUTH, dec’d. Late of the Township of Marple, Delaware County, PA. Extx.: Janet S. Lindenmuth c/o Jeffrey R. Abbott, Esquire, 103 Chesley Dr., Ste. 103, Media, PA 19063. JEFFREY R. ABBOTT, ATTY. Abbott & Overholt PC 103 Chesley Dr. Ste. 103 Media, PA 19063

THELMA MARUSCO, dec’d. Late of the Township of Ridley, Delaware County, PA. Extx.: Deana Marusco, 1126 Grant Avenue, Woodlyn, PA 19094.

THOMAS E. McCULLIAN a/k/a THOMAS EUGENE McCULLIAN, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extr.: Kevin L. McCullian c/o Christopher M. Murphy, Esquire, 3305 Edgmont Ave., Brookhaven, PA 19015. CHRISTOPHER M. MURPHY, ATTY. 3305 Edgmont Ave. Brookhaven, PA 19015

ROSE A. McSTRAVICK a/k/a ROSE McSTRAVICK, dec’d. Late of the Borough of Prospect Park, Delaware County, PA. Extr.: Hugh McStravick, 182 Pearlcroft Road, Cherry Hill, NJ 08034.

JOSEPH ANTHONY MIGLIO, dec’d. Late of the Borough of Folcroft, Delaware County, PA.

Extx.: Denise Bell, 749 Barberry Spur Ave., Delaware, OH 43015. KENNETH C. RUSSELL, ATTY. Russell Law 3500 Reading Way Huntingdon Valley, PA 19006

GREG J. NOONAN, dec’d. Late of the Township of Ridley, Delaware County, PA. Admx.: Brittany Nicole Noonan c/o Lindsey Conan, Esquire, 755 North Monroe Street, Media, PA 19063. LINDSEY CONAN, ATTY. 755 North Monroe Street Media, PA 19063

CHARLES EDWARD PIERCE a/k/a CHARLES E. PIERCE and CHARLES PIERCE, dec’d. Late of the Township of Concord, Delaware County, PA. Extr.: Michael C. Pierce c/o S. Stanton Miller, Jr., Esquire, 201 N. Jackson Street, Media, PA 19063. S. STANTON MILLER, JR., ATTY. 201 N. Jackson Street Media, PA 19063

KEVIN D. REDDING a/k/a KEVIN REDDING, dec’d. Late of the Township of Haverford, Delaware County, PA. Admx.: Donna M. Redding c/o S. Stanton Miller, Jr., Esquire, 201 N. Jackson Street, Media, PA 19063. S. STANTON MILLER, JR., ATTY. 201 N. Jackson Street Media, PA 19063

APRIL M. ROBINSON a/k/a APRIL ROBINSON, dec’d. Late of the City of Chester, Delaware County, PA. Admx.: Joella Anisa Hodges, 1607 Martin Lane, Chester, PA 19013.

FRANCES ROSENBLUTH a/k/a FRANCES BAYLINSON ROSENBLUTH, dec’d. Late of the Township of Haverford, Delaware County, PA. Extr.: Lawrence Steven Chane (Named in Will as Lawrence S. Chane), One Logan Square, 130 N. 18th St., Philadelphia, PA 19103­6998. LAWRENCE S. CHANE, ATTY. Blank Rome LLP One Logan Square 130 N. 18th St. Philadelphia, PA 19103­6998

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JAMES JOHN SCANLAN a/k/a JAMES J. SCANLAN, dec’d. Late of the Borough of Rose Valley, Delaware County, PA. Extx.: Georgena Stuart Scanlan c/o Nina B. Stryker, Esquire, Centre Square West, 1500 Market St., Ste. 3400, Philadelphia, PA 19102­2101. NINA B. STRYKER, ATTY. Obermayer Rebmann Maxwell & Hippel LLP Centre Square West 1500 Market St. Ste. 3400 Philadelphia, PA 19102­2101

DOLORES ALICE SELIGMAN a/k/a DOLORES A. SELIGMAN, dec’d. Late of the Township of Concord, Delaware County, PA. Extr.: Keith Amen c/o Michael T. Imms, Esquire, 220 West Gay Street, West Chester, PA 19380. MICHAEL T. IMMS, ATTY. 220 West Gay Street West Chester, PA 19380

BERNECE F. SENGER a/k/a BERNECE SENGER, dec’d. Late of the Borough of Swarthmore, Delaware County, PA. Extr.: Patrick Flanigan, P.O. Box 42, Swarthmore, PA 19081­0042. PATRICK FLANIGAN, ATTY. P.O. Box 42 Swarthmore, PA 19081­0042

MARY K. SHORT, dec’d. Late of the Township of Newtown, Delaware County, PA. Extr.: William James Short (Named in Will as William Short), 3405 Horton Rd., Newtown Square, PA 19073. CHARI M. ALSON, ATTY. Anderson Elder Law 206 State Rd. Media, PA 19063

PAMELA P. THOMPSON a/k/a PAMELA THOMPSON and PAMELA PADWICK THOMPSON, dec’d. Late of the Township of Middletown, Delaware County, PA. Extr.: Fairman R. Thompson c/o William Morrow, Esquire, 58 E. Penn St., Norristown, PA 19401. WILLIAM MORROW, ATTY. Morrow and Lefevre, LLC 58 E. Penn St. Norristown, PA 19401

ROBERT H. TILLMAN, dec’d. Late of the Township of Nether Providence, Delaware County, PA. Admr.: Cam Robert Tillman, 401 Hastings Ave., Wallingford, PA 19086. KENNETH C. RUSSELL, ATTY. Russell Law 3500 Reading Way Huntingdon Valley, PA 19006

BARBARA A. TREXLER, dec’d. Late of the Township of Aston, Delaware County, PA. Extx.: Tracy Steele c/o Vincent Carosella, Jr., Esquire, 882 South Matlack Street, Suite 101, West Chester, PA 19382­4505. VINCENT CAROSELLA, JR., ATTY. Carosella & Associates, P.C. 882 South Matlack Street Suite 101 West Chester, PA 19382­4505

GEORGE ZAGAME, JR., dec’d. Late of the Township of Ridley, Delaware County, PA. Admx.: Janet Zagame c/o Daniel R. Coleman, Esquire, 300 W. State St., Ste. 300, Media, PA 19063. DANIEL R. COLEMAN, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

SECOND PUBLICATIONANNA ABBONIZIO, dec’d.

Late of the Township of Upper Providence, Delaware County, PA. Extr.: Eugene Juliano c/o Robert H. Holber, Esquire, 41 E. Front Street, Media, PA 19063. ROBERT H. HOLBER, ATTY. 41 E. Front Street Media, PA 19063

PHILLIP B. ALLEN, dec’d. Late of the Township of Concord, Delaware County, PA. Extr.: Paul Martin Allen (Named in Will as Paul M. Allen) c/o Joseph A. Bellinghieri, Esquire, 17 W. Miner St., West Chester, PA 19382. JOSEPH A. BELLINGHIERI, ATTY. MacElree Harvey, Ltd. 17 W. Miner St. West Chester, PA 19382

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RITA ELIZABETH ARMSTRONG a/k/a RITA E. ARMSTRONG and RITA ARMSTRONG, dec’d. Late of the Borough of Swarthmore, Delaware County, PA. Extr.: Julius J. Bodrog, Jr. c/o Lindsey Conan, Esquire, 755 North Monroe St., Media, PA 19063. LINDSEY CONAN, ATTY. 755 North Monroe St. Media, PA 19063

SARA EVENE BURDAN a/k/a SARA E. BURDAN, dec’d. Late of the Township of Bethel, Delaware County, PA. Co­Extrs.: Betsy E. Nester and Charlie C. Burdan, IV c/o D. Selaine Keaton, Esquire, 21 W. Front Street, P.O. Box 1970, Media, PA 19063. D. SELAINE KEATON, ATTY. 21 W. Front Street P.O. Box 1970 Media, PA 19063

MELISSA SUSAN MILLIGAN CLARK a/k/a MELISSA SUSAN CLARK, dec’d. Late of the Township of Radnor, Delaware County, PA. Extr.: Norman Clark c/o Jessica L. Wilson, Esquire, 30 Cassatt Ave., Berwyn, PA 19312. JESSICA L. WILSON, ATTY. McAndrews, Mehalick, Connolly, Hulse and Ryan P.C. 30 Cassatt Ave. Berwyn, PA 19312

JOSEPH A. CUCCHI a/k/a JOSEPH CUCCHI, dec’d. Late of the Township of Concord, Delaware County, PA. Admr.: Robert J. Cucchi c/o Stephen M. Asbel, Esquire, 2929 Arch Street, 13th Floor, Philadelphia, PA 19104. STEPHEN M. ASBEL, ATTY. 2929 Arch Street 13th Floor Philadelphia, PA 19104

RITA M. DEVENEY, dec’d. Late of the Borough of Media, Delaware County, PA. Trust of Rita M. Deveney. Trustee: Sean D. Deveney c/o Christina B. Roberts, Esquire, 3305 Edgmont Ave., Brookhaven, PA 19015. CHRISTINA B. ROBERTS, ATTY. 3305 Edgmont Ave. Brookhaven, PA 19015

ANTHONY A. DiCANZIO, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extr.: Michael A. DiCanzio (Named in Will as Michael Anthony DiCanzio) c/o Nicholas M. Orloff, Esquire, 1 W. Third St., Media, PA 19063. NICHOLAS M. ORLOFF, ATTY. Orloff Law 1 W. Third St. Media, PA 19063 CHARLES SAMUEL DUNN a/k/a CHARLIE DUNN, dec’d. Late of the Borough of East Lansdowne, Delaware County, PA. Extr.: Charles S. Dunn, Jr. c/o Brian Leinhauser, Esquire, 433 W. Market St., Suite 200, West Chester, PA 19382. BRIAN LEINHAUSER, ATTY. MacMain, Connell & Leinhauser 433 W. Market St. Suite 200 West Chester, PA 19382

FRANCES M. FOTI, dec’d. Late of the Township of Haverford, Delaware County, PA. Extr.: Lawrence Foti c/o Dennis Woody, Esquire, 110 West Front Street, Media, PA 19063. DENNIS WOODY, ATTY. 110 West Front Street Media, PA 19063

JAMES GALBRAITH a/k/a JAMES W. GALBRAITH, dec’d. Late of the Township of Middletown, Delaware County, PA. Revocable Deed of Trust of James Galbraith. Trustee: PNC Bank National Association, 1600 Market St., Philadelphia, PA 19103. JANE K. ANASTASIA, ATTY. P.O. Box 600 Jamison, PA 18929

MARY L. GANDERTON a/k/a MARIA LUISE GANDERTON, dec’d. Late of the Borough of Folcroft, Delaware County, PA. Extr.: Warren Scott c/o Joseph C. Honer, Jr., Esquire, 631 Waterside Way, Siesta Key, Sarasota, FL 34242. JOSEPH C. HONER, JR., ATTY. 631 Waterside Way Siesta Key Sarasota, FL 34242

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GEORGE F. GERICKE, dec’d. Late of the Borough of Aldan, Delaware County, PA. Extx.: Elizabeth A. Llull c/o Kathleen A. Farrell, Esquire, 116 W. Baltimore Avenue, Media, PA 19063. KATHLEEN A. FARRELL, ATTY. 116 W. Baltimore Avenue Media, PA 19063

MARGARET A. HANCOCK, dec’d. Late of the Township of Middletown, Delaware County, PA. Admxs.: Elizabeth H. Gery and Leslie Rita McCann c/o Brian F. Boland, Esquire, 2640 Westview Drive, Wyomissing, PA 19610. BRIAN F. BOLAND, ATTY. Kozloff Stoudt Attorneys 2640 Westview Drive Wyomissing, PA 19610

NORMA E. HARTMAN, dec’d. Late of the Township of Concord, Delaware County, PA. Extx.: Suzanne M. Ryan, 2003 Hunt Master Ln., Glen Mills, PA 19342. KENNETH C. RUSSELL, ATTY. Russell Law 3500 Reading Way Huntingdon Valley, PA 19006

BARBARA D. HILTON, dec’d. Late of the Township of Concord, Delaware County, PA. Extr.: William J. Luttrell, III, 11 S. Olive St., Fl. 2, Media, PA 19063.

ROSE MARIE HOSMER a/k/a ROSE HOSMER, dec’d. Late of the Township of Middletown, Delaware County, PA. Extr.: Carl H. Victorius, 210 Primrose Point Farm Ln., Chestertown, MD 21620.

FREDERICK KOHLBRENNER, dec’d. Late of the Township of Newtown, Delaware County, PA. Extx.: Karen Kennedy, 3433 Tyson Rd., Newtown Square, PA 19073

LEROY C. LANGSTON, dec’d. Late of the Township of Haverford, Delaware County, PA. Admx.: Josephine L. Davis c/o Frank M. Fiore, Esquire, 1112 MacDade Blvd., P.O. Box 158, Woodlyn, PA 19094. FRANK M. FIORE, ATTY. 1112 MacDade Blvd. P.O. Box 158 Woodlyn, PA 19094

ELAINE E. LORO a/k/a ELAINE LORO, dec’d. Late of the Township of Nether Providence, Delaware County, PA. Extx.: Amy M. Loro c/o Matthew C. Stone, Esquire, 4126 Edgmont Avenue, Brookhaven, PA 19015. MATTHEW C. STONE, ATTY. The Law Offices of Stone & Stone, LLC 4126 Edgmont Avenue Brookhaven, PA 19015

IRENE E. MATTIOLI, dec’d. Late of the Township of Radnor, Delaware County, PA. Extrs.: Edward Kent Mattioli a/k/a Edward Mattioli and Anthony M. Mattioli c/o Cynthia J. Raymond, Esquire, 1255 Drummers Ln., Ste. 105, Wayne, PA 19087. CYNTHIA J. RAYMOND, ATTY. The Law Offices Of Stone & Stone, LLC 1255 Drummers Ln. Ste. 105 Wayne, PA 19087

ANNA MAE McLAUGHLIN a/k/a ANNA McLAUGHLIN, dec’d. Late of the Borough of Sharon Hill, Delaware County, PA. Admr.: Robert Michael Slutsky, 600 W. Germantown Pike, #400, Plymouth Meeting, PA 19462. ROBERT M. SLUTSKY, ATTY. Slutsky Elder Law 600 W. Germantown Pike #400 Plymouth Meeting, PA 19462

MARGARET MARY MILLER a/k/a MARGARET M. MILLER and MARGARET MILLER, dec’d. Late of the Township of Marple, Delaware County, PA. Extx.: Valerie Ann Brown, 3107 Aberdeen Ln., Blackwood, NJ 08012. FRANCIS X. REDDING, ATTY. 1414 Bywood Ave. 1F Upper Darby, PA 19082

JOSEPH A. MUSCELLA, dec’d. Late of the Township of Middletown, Delaware County, PA. Extx.: Diane McDonald c/o Lindsey E. Conan, Esquire, 755 North Monroe St., Media, PA 19063. LINDSEY E. CONAN, ATTY. 755 North Monroe St. Media, PA 19063

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WILLIAM JJ O’DONNELL a/k/a WILLIAM J. O’DONNELL and WILLIAM JOSEPH O’DONNELL, dec’d. Late of the Township of Darby, Delaware County, PA. Extr.: James Dominic Beisel (Named in Will as Reverend Monsignor James D. Beisel) c/o Joseph J. Witiw, Esquire, 1140­B York Rd., Warminster, PA 18974­2072. JOSEPH J. WITIW, ATTY. 1140­B York Rd. Warminster, PA 18974­2072

MARY PAYTAS, dec’d. Late of the Township of Ridley, Delaware County, PA. Extr.: Joseph Paytas, 425 South Avenue, Holmes, PA 19043.

ALBAN J. REICHERT a/k/a ALBAN JOSEPH REICHERT, dec’d. Late of the Township of Haverford, Delaware County, PA. Admx.: Maren Reichert, 43 E. Clearfield Rd., Havertown, PA 19083.

HELEN M. RUBIN a/k/a HELEN RUBIN, dec’d. Late of the Township of Chadds Ford, Delaware County, PA. Extr.: Jeffrey Rubin c/o Trisha W. Hall, Esquire, 1201 N. Market St., 20th Fl., Wilmington, DE 19801. TRISHA W. HALL, ATTY. Connolly Gallagher LLP 1201 N. Market St. 20th Fl. Wilmington, DE 19801

THERESA A. SCHWARTZ, dec’d. Late of the Township of Newtown, Delaware County, PA. Date of Trust 6/21/2013. Co­Trustees: Theresa A. Malany and Nancy E. Erolani c/o Anylise C. Crouthamel, Esquire, 120 Gay Street, P.O. Box 289, Phoenixville, PA 19460. ANYLISE C. CROUTHAMEL, ATTY. Unruh, Turner, Burke & Frees, P.C. 120 Gay Street P.O. Box 289 Phoenixville, PA 19460

JOHN P. SQUIRE, dec’d. Late of the Borough of Prospect Park, Delaware County, PA. Admx.: Karen S. Hagan c/o Christina B. Roberts, Esquire, 3305 Edgmont Ave., Brookhaven, PA 19015. CHRISTINA B. ROBERTS, ATTY. 3305 Edgmont Ave. Brookhaven, PA 19015

DIANNE SUDJIAN, dec’d. Late of the Township of Springfield, Delaware County, PA. Extx.: Sona Maria Hoplamazian (Named in Will as Sona M. Hoplamazian) c/o Daniel R. Coleman, Esquire, 300 W. State St., Ste. 300, Media, PA 19063. DANIEL R. COLEMAN, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

MARIAN D. WATT, dec’d. Late of the Borough of Colwyn, Delaware County, PA. Admr.: Thomas James Watt, Jr. c/o Thomas E. Wyler, Esquire, 22 East Third Street, Media, PA 19063. THOMAS E. WYLER, ATTY. Falzone & Wyler, LLC 22 East Third Street Media, PA 19063

ALLEN G. WHITAKER a/k/a ALLEN WHITAKER, dec’d. Late of the Township of Haverford, Delaware County, PA. Extx.: Irene Whitaker, 2029 Arch Street, #204, Philadelphia, PA 19103.

HENRIETTA WILLIAMS, dec’d. Late of the Borough of Yeadon, Delaware County, PA. Admx.: Maria Morris c/o John J. McAneney, Esquire, 400 Maryland Dr., P.O. Box 7544, Ft. Washington, PA 19034­7544. JOHN J. McANENEY, ATTY. Timoney Knox, LLP 400 Maryland Dr. P.O. Box 7544 Ft. Washington, PA 19034­7544

LESTER STANLEY ZEITZ, dec’d. Late of the Township of Springfield, Delaware County, PA. Extr.: Jeffrey Zeitz, 18 Walnut Ave., Aldan, PA 19018. KENNETH C. RUSSELL, ATTY. Russell Law 3500 Reading Way Huntingdon Valley, PA 19006

THIRD AND FINAL PUBLICATIONROLAND EWELL APPLETON a/k/a

ROLAND E. APPLETON and ROLAND APPLETON dec’d. Late of the Borough of Media, Delaware County, PA.

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Extx.: Carolan P. Appleton c/o Christopher M. Murphy, Esquire, 3305 Edgmont Ave., Brookhaven, PA 19015. CHRISTOPHER M. MURPHY, ATTY. 3305 Edgmont Ave. Brookhaven, PA 19015

JANE ELLEN BANNAR a/k/a JANE E. BANNAR, dec’d. Late of the Township of Thornbury, Delaware County, PA. Extx.: Kathleen G. Irwin c/o William P. Culp, Jr., Esquire, 614 Darby Rd., Havertown, PA 19083. WILLIAM P. CULP, JR., ATTY. 614 Darby Rd. Havertown, PA 19083

WILLIAM H. BATCHELOR a/k/a WILLIAM BATCHELOR, dec’d. Late of the Borough of Aldan, Delaware County, PA. Extx.: Carol A. Fish, 116 Southwick Drive, Wilmington, DE 19810.

JOANNE M. BATSLEER a/k/a JOANNE BATSLEER, dec’d. Late of the Township of Radnor, Delaware County, PA. Extx.: Lauren M. Geddes c/o Karen F. Angelucci, Esquire, 2617 Huntingdon Pike, Huntingdon Valley, PA 19006. KAREN F. ANGELUCCI, ATTY. Semanoff Ormsby Greenberg & Torchia, LLC 2617 Huntingdon Pike Huntingdon Valley, PA 19006

THOMAS R. BODDEN, dec’d. Late of the Township of Concord, Delaware County, PA. Extx.: Marlene D. Bodden c/o Kristen L. Behrens, Esquire, 457 Haddonfield Rd., Ste. 700, Cherry Hill, NJ 08002. KRISTEN L. BEHRENS, ATTY. Dilworth Paxson LLP 457 Haddonfield Rd. Ste. 700 Cherry Hill, NJ 08002

BARBARA J. BROSKO a/k/a BARBARA J. BOYER, dec’d. Late of the Township of Haverford, Delaware County, PA. Extr.: Thomas William Moore, 479 Knight Island Rd., Earleville, MD 21919.

MARY L. CHIMIENTI, dec’d. Late of the Township of Ridley, Delaware County, PA. Extx.: Joanne Marie MacIntire c/o Robert M. DiOrio, Esquire, 21 West Front Street, Media, PA 19063.

ROBERT M. DiORIO, ATTY. DiOrio & Sereni, LLP 21 West Front Street Media, PA 19063

DIANE CONN, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extr.: James J. Conn, 329 Spring Rd., Havertown, PA 19083. ROBERT S. BALTER, ATTY. Robert S. Balter, P.C. 1077 Kipling Rd. Jenkintown, PA 19046

ROBERT C. D’ASCENZO, dec’d. Late of the Township of Concord, Delaware County, PA. Extx.: Christine Genovese c/o William Howell, Esquire, 110 E. State St., Suite 1, Kennett Square, PA 19348. WILLIAM HOWELL, ATTY. 110 E. State St. Suite 1 Kennett Square, PA 19348

GLORIA O. DILLON a/k/a GLORIA DILLON, dec’d. Late of the Township of Springfield, Delaware County, PA. Extx.: Eileen M. Realdine, 570 W. Rolling Rd., Springfield, PA 19064.

JOHN F. DUINK a/k/a JOHN FREDERICK DUINK, dec’d. Late of the Township of Nether Providence, Delaware County, PA. Extx.: Jill Esther Duink (Named in Will as Jill E. Duink) c/o Guy F. Matthews, Esquire, 300 W. State St., Ste. 300, Media, PA 19063. GUY F. MATTHEWS, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

JOSEPH J. GARRITY, dec’d. Late of the Borough of Morton, Delaware County, PA. Extr.: William J. Garrity c/o David T. Videon, Esquire, 110 W. Front Street, Media, PA 19063. DAVID T. VIDEON, ATTY. 110 W. Front Street Media, PA 19063

CAROLYN JANE GEHLEN, dec’d. Late of the Township of Marple, Delaware County, PA. Extx.: Linda J. Nilsson, 65 N. State Rd., Upper Darby, PA 19082.

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KENNETH C. RUSSELL, ATTY. Russell Law, P.C. 3500 Reading Way Huntingdon Valley, PA 19006

ANTHONY J. GIULIANO a/k/a ANTHONY JOHN GIULIANO and TONY GIULIANO, dec’d. Late of the Borough of Ridley Park, Delaware County, PA. Extr.: Anthony Joseph Giuliano c/o Matthew C. Stone, Esquire, 4126 Edgmont Avenue, Brookhaven, PA 19015. MATTHEW C. STONE, ATTY. The Law Offices of Stone & Stone, LLC 4126 Edgmont Avenue Brookhaven, PA 19015

WILLIS P. GLENN, dec’d. Late of the Township of Nether Providence, Delaware County, PA. Extr.: Michael P. Glenn c/o D. Selaine Keaton, Esquire, 21 W. Front Street, P.O. Box 1970, Media, PA 19063. D. SELAINE KEATON, ATTY. 21 W. Front Street P.O. Box 1970 Media, PA 19063

ROBERT F. HALL, JR. a/k/a ROBERT F. HALL, dec’d. Late of the Township of Aston, Delaware County, PA. Extr.: James Hall c/o Christina Roberts, Esquire, 3305 Edgmont Avenue, Brookhaven, PA 19015. CHRISTINA ROBERTS, ATTY. Breslin, Murphy & Roberts 3305 Edgmont Avenue Brookhaven, PA 19015

GWENDOLYN M. KRUSHINSKY, dec’d. Late of the Borough of Glenolden, Delaware County PA. Extx.: Patricia L. Garrity Marchesani c/o Sam S. Auslander, Esquire, 300 W. State St., Ste. 300, Media, PA 19063. SAM S. AUSLANDER, ATTY. Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 300 W. State St. Ste. 300 Media, PA 19063

ALBERT LABRICCIOSA, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Extrs.: Louise Helen Malavolta and Albert M. Labricciosa c/o D. Selaine Keaton, Esquire, 21 W. Front Street, P.O. Box 1970, Media, PA 19063.

D. SELAINE KEATON, ATTY. 21 W. Front Street P.O. Box 1970 Media, PA 19063

JESSIE CHRISTINE MacNEIL a/k/a JESSIE C. MacNEIL, dec’d. Late of the Borough of Sharon Hill, Delaware County, PA. Admx.: Carol L. Willard c/o Michael A. Ruggieri, Esquire, 18 Campus Blvd., Ste. 100, Newtown Square, PA 19073. MICHAEL A. RUGGIERI, ATTY. Ruggieri Law Offices, LLC 18 Campus Blvd. Ste. 100 Newtown Square, PA 19073

WILLIAM J. MAZZOLA a/k/a WILLIAM JOHN MAZZOLA, dec’d. Late of the Township of Ridley, Delaware County, PA. Admrs.: Daniel Mazzola and Barry W. VanRensler, 10 S. Plum St., Media, PA 19063­8760. BARRY W. VAN RENSLER, ATTY. Plum Street Lawyers 10 S. Plum St. Media, PA 19063­8760

FRANK J. MEO, SR. a/k/a FRANK J. MEO and FRANK MEO, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Admx.: Christine Marie Meo c/o John McCreesh, Esquire, 7053 Terminal Square, Upper Darby, PA 19082. JOHN McCREESH, ATTY. 7053 Terminal Square Upper Darby, PA 19082

ALBERTINA MORI, dec’d. Late of the Township of Springfield, Delaware County, PA. Extr.: Fabrizio Lelii, 948 Rocklynn Rd., Springfield, PA 19064. BETH ANN MARSHALL, ATTY. 215 N. Olive St. Ste. 203 Media, PA 19063

MARY LOU PATTON, dec’d. Late of the Township of Upper Chichester, Delaware County, PA. Extx.: Erin Marie Connell. CARRIE WOODY, ATTY. 110 West Front St. Media, PA 19063

RAYMOND A. PEPPEL a/k/a RAYMOND PEPPEL, dec’d. Late of the Township of Springfield, Delaware County, PA.

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Extr.: Brian Kent Peppel, 275 Burbank Rd., Roan Mountain, TN 37687. ANITA M. D’AMICO, ATTY. D’Amico Law 65 S. Third St. Oxford, PA 19363

JOHN A. PHILLIPPE, dec’d. Late of the Borough of Yeadon, Delaware County, PA. Extx.: Denise A. Smith, P.O. Box 1490, Havertown, PA 19083. DENISE A. SMITH, ATTY. Law Offices of Denise A. Smith P.O. Box 1490 Havertown, PA 19083

ELLA RAINEY, dec’d. Late of the Borough of Lansdowne, Delaware County, PA. Admr.: Frank W. Daly, Esquire, 100 W. Sixth St., Ste. 204, Media, PA 19063. FRANK W. DALY, ATTY. 100 W. Sixth St. Ste. 204 Media, PA 19063

STEPHEN M. ROCHFORD, dec’d. Late of the Township of Springfield, Delaware County, PA. Extx.: Kyle A. Rochford (Named in Will as Kyle Ann Rochford) c/o Charles J. Durante, Esquire, 1201 N. Market St., 20th Fl., Wilmington, DE 19801. CHARLES J. DURANTE, ATTY. Connolly Gallagher, LLP 1201 N. Market St. 20th Fl. Wilmington, DE 19801

VIRGINIA SCHLODER, dec’d. Late of the Township of Upper Darby, Delaware County, PA. Admr.: Frank W. Daly, Esquire, 100 W. Sixth St., Ste. 204, Media, PA 19063. FRANK W. DALY, ATTY. 100 W. Sixth St. Ste. 204 Media, PA 19063

MARY FAITH SENN, dec’d. Late of the Borough of Morton, Delaware County, PA. Extr.: James Francis Senn, Jr. c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055­1726. BRADFORD D. WAGNER, ATTY. 662 Main Street Hellertown, PA 18055­1726

DAVID A. SPRAGUE a/k/a DAVID ALAN SPRAGUE, dec’d. Late of the Township of Darby, Delaware County, PA. Admx.: Teresa A. Forte c/o Dawn Getty Sutphin, Esquire, 852 Eleventh Ave., Prospect Park, PA 19076. DAWN GETTY SUTPHIN, ATTY. 852 Eleventh Ave. Prospect Park, PA 19076

ROSE R. VALENTI, dec’d. Late of the Borough of Ridley Park, Delaware County, PA. Extr.: Calvin A. Valenti, Jr. c/o Michael A. Ruggieri, Esquire, 18 Campus Blvd., Ste. 100, Newtown Square, PA 19073. MICHAEL A. RUGGIERI, ATTY. Ruggieri Law Offices, LLC 18 Campus Blvd. Ste. 100 Newtown Square, PA 19073

BETTY ANN WHARTON, dec’d. Late of the Borough of Glenolden, Delaware County, PA. Extr.: James A. Wharton (Named in Will as James A. Wharton, Jr.) c/o William P. Culp, Jr., Esquire, 614 Darby Rd., Havertown, PA 19083. WILLIAM P. CULP, JR., ATTY. 614 Darby Rd. Havertown, PA 19083

CHARTER APPLICATION NON-PROFIT

NOTICE IS HEREBY GIVEN THAT an application was made to the Department of State of the Commonwealth of Pennsylva­nia, at Harrisburg, Pennsylvania, for the purpose of obtaining a charter of a Non­Profit Corporation which was organized under the provisions of the Pennsylvania Non­Profit Corporation Law of the Com­monwealth of Pennsylvania.

The name of the corporation is:

Marple Historical Society Inc.

July 1

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CLASSIFIED ADS

PARALEGAL ASSISTANT

Busy sole practitioner needs experi­enced, part­time assistant to work with Paralegal in various areas of the law. Flexible hours, work from home. E­mail resume with introductory letter stating sal­ary requirements to P.O. Box B, Delaware County Legal Journal, 335 West Front Street, Media, PA 19063.

July 1, 8

FICTITIOUS NAME

NOTICE IS HEREBY GIVEN, pursuant to the provisions of Act of Assembly No. 295, effective March 16, 1983, as amended, of intention to file in the Office of the De­partment of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsyl­vania, an application for the conduct of a business in Delaware County, Pennsylva­nia, under the assumed or fictitious name, style or designation of:

Moss Music Productions LLC

with its principal place of business at 407 Emerald Street, Media, PA 19063.

The name(s) and address(es) of the person(s) owning or interested in said busi­ness is (are): Nils Mossblad, 407 Emerald Street, Media, PA 19063.

The application has been/will be filed on or after Friday, May 27, 2022.

July 1

LIMITED LIABILITY COMPANY

NOTICE IS HEREBY GIVEN THAT on Thursday, April 1, 2021, Certification of Organization was filed in the Pennsylvania Department of State for Moss Music Pro-ductions LLC, in accordance with the pro­visions of the Limited Liability Act of 1994.

July 1

SERVICE BY PUBLICATION

COURT OF COMMON PLEAS DELAWARE COUNTY,

PENNSYLVANIA CIVIL ACTION—LAW

CV­2020­001003

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

Citizens Bank, N.A. s/b/m to Citizens Bank of Pennsylvania, Plaintiff

vs.Thomas Stella, Deceased, Defendant

NOTICE

TO: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under of Thomas Stella, Deceased, Defendant(s)

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

TAKE NOTICE that the real estate lo­cated at 938 Brenton Road, Drexel Hill, PA 19026, is scheduled to be sold at Sheriff ’s Sale on August 19, 2022 at 11:00 A.M., will be sold at the County Council Mtg. Rm., 1st

Fl., Govt. Center Bldg., Delaware County Courthouse, Front Street & Veterans Sq., Media, PA 19063 to enforce the court judg­ment of $113,945.32, obtained by Citizens Bank, N.A. s/b/m to Citizens Bank of Pennsylvania (the mortgagee). Property Description: Prop. sit in the Township of Upper Darby, Delaware County, PA. BE­ING prem.: 938 Brenton Road, Drexel Hill, PA. Tax Parcel: #16­08­00457­00. Improve­ments consist of residential property. Sold as the property of Thomas Stella, Deceased.TAKE NOTICE that a Schedule of Distri­bution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule un­less exceptions are filed thereto within 10 days after the filing of the schedule.LAW OFFICES OF GREGORY JAVARDIAN, LLC Attys. for Plaintiff 1310 Industrial Blvd. 1st Fl. #101 Southampton, PA 18966 (215) 942­9690

July 1

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SERVICE BY PUBLICATION

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY,

PENNSYLVANIA ORPHANS’ COURT DIVISION

NO. 0027 OF 2022­A

NOTICE OF HEARING

TO: Victoria Brennan and John Doe, or any other person claiming pa­ternity

NOTICE IS HEREBY GIVEN THAT a Petition for Termination of Parental Rights has been filed by Children and Youth Ser­vices of Delaware County asking the Court to put an end to all rights you have to your child, Kayden K. bd. 10/12/09 (male). The mother’s last name is Brennan and the child was born in Delaware County, PA.

The Court has set a hearing to consider ending your rights to your child. The hear­ing will be held before the Honorable Rich­ard H. Lowe on August 18, 2022 at 9:00 a.m. You have a right to appear at the hearing to contest the Petition. You are warned that even if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child may be ended by the court without you being present. You have a right to be represented at the hearing by a lawyer.

In addition, you are advised that you may have an option for an enforceable voluntary agreement under ACT 101 of 2010 for continuing contact following the adoption of your child between the adoptive parents and a birth parent if all parties agree and the agreement is approved by the Court.

You should contact your lawyer at once regarding this Petition and to confirm the information necessary to participate in the hearing. Your attorney or the Agency may provide you a copy of said petition. The attorney that has been appointed to represent you is Sean Duffy, Esquire at (610) 532­4222. You may also contact your caseworker, Lana Jones at (610) 447­1000 at Delaware County Children and Youth Services to confirm the information neces­sary to participate in the hearing.

July 1, 8, 15

SERVICE BY PUBLICATION

IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY,

PENNSYLVANIA CIVIL ACTION—LAW NO.: CV­2022­000044

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

THE MONEY SOURCE INC., Plaintiffvs.

Joseph Thornton, as Believed Heir and/or Administrator to the Estate of Joseph Thornton; Christina Thornton, as Believed Heir and/or Administrator to the Estate of Joseph Thornton; Unknown Heirs and/or Administrators to the Estate of Joseph Thornton (if any), Defendants

TO: Unknown Heirs and/or Admin­istrators to the Estate of Joseph Thornton (if any)

You are hereby notified that Plaintiff, The Money Source Inc., filed an Action in Mortgage Foreclosure endorsed with a Notice to Defend, in the Court of Common Pleas of Delaware County, Pennsylvania, docketed to No. CV­2022­000044, seeking to foreclose the mortgage secured by the real estate located at 28 Pennington Avenue, Morton, PA 19070.

A copy of the Action in Mortgage Fore­closure will be sent to you upon request to the Attorney for the Plaintiff, Manley Deas Kochalski LLC, P.O. Box 165028, Colum­bus, OH 43216­5028. Phone (614) 220­5611.

You have been sued in court. If you wish to defend against the claims in this notice, you must take action within twenty (20) days after this publication, by entering a written appearance personally or by attor­ney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE­GAL HELP.

LAWYER REFERRAL SERVICE Delaware County Bar Association

335 West Front Street Media, PA 19063 (610) 566­6625

www.delcobar.org

July 1

SERVICE BY PUBLICATION

COURT OF COMMON PLEAS DELAWARE COUNTY

PENNSYLVANIA NO. CV­2016­069602

Borough of Yeadonvs.

Gail Morton

Notice is given that the above was named as Defendant in a civil action by Plaintiff to recover 2015­2017 sewer and trash fees for property located at 1 E. Providence Rd., Yeadon, PA, Folio #48­00­02604­00. An Amended Writ of Scire Facias for $2,667.77 was filed. You are notified to plead to the Writ on or before 20 days from the date of this publication or a judgment may be entered. If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by Plaintiff. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE­GAL HELP.

Lawyers Referral Service Delaware County Bar Assn.

335 W. Front St. Media, PA 19063 (610) 566­6625

www.delcobar.org

PORTNOFF LAW ASSOC., LTD. P.O. Box 391 Norristown, PA 19404 (866) 211­9466

June 17, 24; July 1

SERVICE BY PUBLICATION

DELAWARE COUNTY COURT OF COMMON PLEAS

NUMBER: CV­2021­006894

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

Citizens Bank, N.A., Plaintiffv.

Evelyn Puckett, Known Surviving of Hannelore E. Eisenhauer, Marieann Flick, Known Surviving of Hannelore E. Eisenhauer, Patricia Eisenhauer, Known Surviving of Hannelore E. Eisenhauer, and Unknown Surviving Heirs of Hannelore E. Eisenhauer, Defendants

TO: Unknown Surviving Heirs of Hannelore E. Eisenhauer

Premises subject to foreclosure: 140 W. Madison Avenue, Clifton Heights, Penn­sylvania 19018.

NOTICE

If you wish to defend, you must enter a written appearance personally or by at­torney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights im­portant to you. You should take this notice to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee.

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

21

Lawyers Reference Service Delaware County Bar Association

335 West Front Street Media, PA 19063 (610) 566­6625

www.delcobar.orgMcCABE, WEISBERG & CONWAY, LLC Attorneys for Plaintiff 123 S. Broad St. Ste. 1400 Philadelphia, PA 19109 (215) 790­1010

June 24; July 1

JUDGMENT NOTICES

JUDGMENTS, VERDICTS, LIENS, WAIVER of LIENS AND OTHER MAT­TERS ENTERED IN the JUDGMENT INDEX IN the OFFICE of JUDICIAL SUP­PORT AT MEDIA, PENNA.

The name of the person against whom such entry is made in each case appears first, followed by the name of the person in whose favor the entry is made and the amount. Details concerning the nature of the entry are available in the Judicial Support record.

The Judgment Index in the Judicial Sup­port office at Media discloses that the fol­lowing judgments, verdicts, liens, waiver of liens and other matters have been entered on the dates indicated.

Accuracy of the entries is not guaranteed

Benditt, Derek C, Commonwealth of PA Dept of Revenue, 2/5/21, $1,215.85

Bernard, Learon J, Cmwlth PA Dept of Revenue, 2/8/21, $1,707.35

Bey, Mecca S, Borough of Lansdowne, 2/16/21, $2,280.45

Birney, Michael, Borough of Norwood, 2/25/21, $888.52

Birney, Tiffany, Borough of Norwood, 2/25/21, $888.52

Bowman, Lawrence, Cmwlth of PA Depart­ment of Revenue, 2/9/21, $809.85

Brandon, Ronald W, Cmwlth of PA Depart­ment of Revenue, 2/10/21, $3,865.33

Brown, Donald E, Cmwlth Dept of Revenue, 2/5/21, $737.06

Brown, Loretta F, Cmwlth Dept of Revenue, 2/4/21, $1,353.06

Brown, Alvin, Cmwlth of PA Department of Revenue, 2/4/21, $754.09

Brown, Andre D, Cmwlth of PA Department of Revenue, 2/8/21, $934.98

Brown, Andre D, Commonwealth of PA Department of Revenue, 2/8/21, $931.30

Brown, Darren B, Cmwlth of PA Depart­ment of Revenue, 2/10/21, $3,660.15

Brown, Francis S, Commonwealth of Pennsylvania Department of Revenue, 2/12/21, $7,523.21

Bryan, Gerald R, Commonwealth of PA Dept of Revenue, 2/11/21, $2,821.03

Bryan, Paula P, Commonwealth of PA Dept of Revenue, 2/11/21, $2,821.03

Bryan, Sadiki, Cmwlth of PA Department of Revenue, 2/5/21, $561.61

Bryant, Lisa A, Commonwealth of PA Dept of Revenue, 2/22/21, $3,039.94

Bucci, Anthony, Commonwealth of Penn­sylvania Department of Revenue, 2/5/21, $2,051.97

Byrd, Kevin, Commonwealth of PA Dept of Revenue, 2/11/21, $4,433.52

Byrd, Kevin, Commonwealth of PA Dept of Revenue, 2/11/21, $4,433.52

Cabry Jr, Madeline, PA Dept of Revenue, 2/8/21, $788.91

Cabry Jr, Madeline, Cmwlth PA Dept of Rev, 2/8/21, $1,167.92

Cabry Jr, Michael J, Cmwlth Dept of Rev­enue, 2/8/21, $1,063.08

Cabry Jr, Michael J, Cmwlth Dept of Rev­enue, 2/17/21, $359.71

Cabry Jr, Michael J, PA Dept of Revenue, 2/8/21, $788.91

Cabry Jr, Michael J, Cmwlth Dept of Rev­enue, 2/17/21, $359.71

Cairo, Carolann D, Cmwlth Dept of Rev­enue, 2/8/21, $2,995.83

Calvecchio, John Anthony, Common­wealth of PA Dept of Revenue, 2/16/21, $5,050.50

Camillo, Carl A, Commonwealth of PA Dept of Revenue, 2/10/21, $3,737.06

Campbell, Francis, Commonwealth of PA Dept of Revenue, 2/9/21, $1,072.35

Campbell, Francis, Commonwealth of PA Dept of Revenue, 2/9/21, $1,072.35

Carbon, G, Cmwlth of PA Department of Revenue, 2/24/21, $1,566.56

Carbon, G, Cmwlth of PA Department of Revenue, 2/24/21, $1,566.56

Casey, John, Commonwealth Department of Revenue, 2/5/21, $1,688.10

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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Chambers, Wendall, Commonwealth De­partment of Revenue, 2/12/21, $1,802.10

Chialastri, Alexander J, Cmwlth Dept of Revenue, 2/10/21, $432.52

Ciaccia, James F, Commonwealth of PA Dept of Revenue, 2/23/21, $1,128.75

Cipolla, John W, Cmwlth Dept of Revenue, 2/10/21, $1,522.36

Clark, Bernadette, Commonwealth of Pennsylvania Department of Revenue, 2/11/21, $1,125.31

Clark, Kathleen, Borough of Norwood, 2/25/21, $568.59

Cobb, Wayne, Commonwealth of PA Dept of Revenue, 2/9/21, $303.61

Conaway, Paul E, Commonwealth of Pennsylvania Department of Revenue, 2/10/21, $6,162.65

Congdon, William, Cmwlth Dept of Rev­enue, 2/3/21, $3,459.87

Connor, Priscilla, Cmwlth Dept of Revenue, 2/10/21, $1,537.04

Conteh, Alice, Cmwlth of PA Department of Revenue, 2/11/21, $1,867.22

Cooper, Raymond F, Cmwlth Dept of Rev­enue, 2/17/21, $870.08

Cooper, Marie, Cmwlth of PA Department of Revenue, 2/4/21, $1,029.16

Council, Melvin E, Cmwlth of PA Dept of Revenue, 2/26/21, $1,800.31

Criffim, Ammie, Cmwlth Dept of Revenue, 2/10/21, $1,053.18

Crowe, Michael R, Borough of Norwood, 2/25/21, $752.64

Cucinotta, Francis P, Commonwealth of PA Dept of Revenue, 2/11/21, $824.39

Cunningham, Thomas M, Cmwlth of PA Department of Revenue, 2/5/21, $871.29

Dale, Albert, Cmwlth Dept of Revenue, 2/8/21, $1,108.64

Darnall, Elizabeth A, Internal Revenue Service, 2/26/21, $8,970.80

Davis, Tommy, Cmwlth of PA Department of Revenue, 2/11/21, $9,163.03

Davis, Tommy, Commonwealth of PA De­partment of Revenue, 2/12/21, $1,451.33

Dawson, Daniel, Commonwealth Depart­ment of Revenue, 2/23/21, $556.56

De Fries, Denise L, Commonwealth of PA Dept of Revenue, 2/8/21, $2,503.02

Delborrello, John F, Township of Upper Darby, 2/10/21, $259.33

Delborrello, John F, Township of Upper Darby, 2/18/21, $208.73

Delsordo, John, Commonwealth Depart­ment of Revenue, 2/10/21, $37,726.28

Demosthene, Bradlee T, Township of Upper Darby, 2/22/21, $176.90

Dennis, Marlene, Cmwlth Dept of Revenue, 2/9/21, $2,263.51

Denton, Oral R, Cmwlth Dept of Revenue, 2/9/21, $13,997.08

Deroo, Mary C, Cmwlth Dept of Revenue, 2/18/21, $647.22

Devendiran, Tamil Vendhan, Common­wealth of Pennsylvania Department of Revenue, 2/5/21, $1,361.67

Dillman, Lisa A, Commonwealth of PA Dept of Revenue, 2/12/21, $6,750.59

Dipietro, Joanne Antonelli, Cmwlth of PA Dept of Revenue, 2/12/21, $9,635.45

Disaverio, John, Borough of Folcroft, 2/11/21, $5,013.97

Donahue, Frances U, Cmwlth Dept of Rev­enue, 2/17/21, $1,448.97

Donohue, Geraldine, Comm of PA Dept of Revenue, 2/10/21, $412.94

Donohue, Michael R, Cmwlth of PA Dept of Revenue, 2/10/21, $412.94

Dorbano, Roebrt J, Cmwlth Dept of Rev­enue, 2/24/21, $733.78

Dotson, Paul, Commonwealth of Pennsyl­vania Department of Revenue, 2/17/21, $4,307.78

Dougherty, Joseph K, Cmwlth of PA De­partment of Revenue, 2/10/21, $1,536.46

Douglas, Simona Y, Commonwealth of PA Dept of Revenue, 2/8/21, $4,143.63

Douglass, Caroline A, Cmwlth Dept of Revenue, 2/23/21, $1,138.30

Downs, John N, Commonwealth of PA Dept of Revenue, 2/9/21, $4,233.49

Doyle Jr, Ronald E, Commonwealth of PA Department of Revenue, 2/24/21, $801.68

Doyle Jr, Ronald E, Commonwealth of PA Dept of Revenue, 2/24/21, $793.02

Doyle Jr, Ronald E, Commonwealth of PA Department of Revenue, 2/24/21, $801.68

Doyle, Gail A, Commonwealth of PA Dept of Revenue, 2/24/21, $793.02

Doyle, Gail A, Commonwealth of PA De­partment of Revenue, 2/24/21, $801.68

Dubois, John R, Cmwlth Dept of Revenue, 2/9/21, $1,552.06

Dunor Jr, Jusu M, Cmwlth of PA Depart­ment of Revenue, 2/9/21, $1,539.48

Durlacher, Andrew Martin, Cmwlth of PA Department of Revenue, 2/4/21, $746.49

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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LOCALITY INDEX SHERIFF’S SALES OF REAL ESTATE

COUNTY COUNCIL MEETING ROOM

COURTHOUSE, MEDIA, PA

July 15, 2022 11:00 A.M. Prevailing Time

BOROUGH Darby 8

Lansdowne 9, 27 Parkside 29 Trainer 13 Yeadon 15

CITY Chester 23

TOWNSHIP Chester 28

Haverford 24 Lower Chichester 10

Ridley 2, 5, 25 Upper Chichester 6, 12, 18

Upper Darby 1, 3, 4, 7, 19, 26

Conditions: $ 3,000.00 cash or certified check at time of sale (unless otherwise stated in advertisement), balance in ten days. Other conditions on day of sale.

To all parties in interest and claimants:

TAKE NOTICE that a Schedule of Dis-tribution will be filed within thirty (30) days from the date of sale and distribution will be made in accordance with the Schedule of Distribution unless exceptions are filed thereto within ten (10) days thereafter. No further notice of the filing of the Schedule of Distribution will be given.

No. 004424A 1. 2019

MORTGAGE FORECLOSURE

Property in the Township of Upper Dar-by, County of Delaware, Commonwealth of Pennsylvania.

BEING Folio No. 16100144600.

BEING Premises: 750 Ormond Avenue, Drexel Hill, Pennsylvania 19026.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

SOLD AS THE PROPERTY OF: Eveline Saintil Mareus.

Hand Money $22,295.85

McCabe, Weisberg & Conway, LLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 002266 2. 2020

MORTGAGE FORECLOSURE

Judgment Amount: $108,034.89

Property in the Township of Ridley, County of Delaware and State of Penn-sylvania.

Front: Irregular Depth: Irregular

BEING Premises: 240 Randall Street, Crum Lynne, PA 19022.

Folio Number: 38-01-00490-03

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: Tamara Toni Williams a/k/a Tamara Williams, Executrix of the Estate of Dorothy Pankey Wilson a/k/a Dorothy P. Wilson a/k/a Doro-thy Wilson, deceased.

Hand Money $10,803.49

Kristen D. Little, Esquire, Attorney

JERRY L. SANDERS, JR., Sheriff

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No. 007958 3. 2021

MORTGAGE FORECLOSURE

Judgment Amount: $145,110.85

Property in the Township of Upper Darby, County of Delaware, State of Penn-sylvania.

Front: Irregular Depth: Irregular

BEING Premises: 1132 Wilson Drive, Havertown, PA 19083.

Folio Number: 19080289100

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: John C. Bradley.

Hand Money $14,511.09

Christopher A. DeNardo, Esquire, Attorney

JERRY L. SANDERS, JR., Sheriff

No. 4109B 4. 2016

MORTGAGE FORECLOSURE

Property in the Township of Upper Darby, County of Delaware and State of Pennsylvania.

Front: 18.16 Depth: 95

BEING Premises: 819 Eaton Road, Drexel Hill, PA 19026-1524.

Parcel No. 16-08-01035-00

IMPROVEMENTS CONSIST OF: resi-dential real estate.

SOLD AS THE PROPERTY OF: Nicho-lette Pech, known heir to the Estate of Rose Pietrantonio.

Hand Money $3,000.00

Stern & Eisenberg, PC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 006370 5. 2019

MORTGAGE FORECLOSURE

Property in the Township of Ridley, County of Delaware and State of Penn-sylvania.

Front: Irregular Depth: Irregular

BEING Premises: 729 Brooke Circle, Morton, PA 19070.

Parcel No. 38-04-00480-00

IMPROVEMENTS CONSIST OF: resi-dential real estate.

SOLD AS THE PROPERTY OF: Jen-nifer Connor.

Hand Money $3,000.00

Stern & Eisenberg, PC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 009553 6. 2021

MORTGAGE FORECLOSURE

230 Buffington Road Aston, PA 19014

Property in the Township of Upper Chichester, County of Delaware, State of Pennsylvania.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

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SOLD AS THE PROPERTY OF: Aneeta L. Fontaine.

Hand Money (10% of Judgment) $27,073.15

RAS Citron, PLLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 008221 7. 2021

MORTGAGE FORECLOSURE

Property situated in the Township of Up-per Darby, County of Delaware and Com-monwealth of Pennsylvania, being more fully described in that Deed recorded on May 8, 2009, in the Office of the Delaware County Recorder of Deeds in Deed Book Volume 4539, at page 1246, as Instrument No. 2009025211.

Folio No. 16-11-00756-00.

BEING known as 458 Burnley Lane, Drexel Hill, PA 19026.

IMPROVEMENTS CONSIST OF: single family residential dwelling.

SOLD AS THE PROPERTY OF: Ken-neth J. O’Brien and Donna O’Brien, his wife.

Hand Money $3,000.00

Stephen M. Hladik, Esquire, Attorney

JERRY L. SANDERS, JR., Sheriff

No. 000013A 8. 2017

MORTGAGE FORECLOSURE

Property situated in the Borough of Darby, County of Delaware and Commonwealth of Pennsylvania, being more fully described in that Deed recorded on June 27, 2006 in the Office of the Delaware County Recorder of Deeds in Deed Book Volume 3836, at page 1716, as Instrument No. 2006059205.

Folio No. 14-00-02894-00.

BEING known as 101 South 6th Street, Darby, PA 19023.

IMPROVEMENTS CONSIST OF: single family residential dwelling.

SOLD AS THE PROPERTY OF: Ve-ronica Saah.

Hand Money $3,000.00

Stephen M. Hladik, Esquire, Attorney

JERRY L. SANDERS, JR., Sheriff

No. 007749A 9. 2019

MORTGAGE FORECLOSURE

ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improve-ments thereon erected, situate, lying and being in the Borough of Lansdowne, in the County of Delaware, Commonwealth of Pennsylvania, described according to a Survey thereof made by Damon and Foster, Esquires, Civil Engineers, May 2,1923 and revised June 19, 1923 as follows:

BEGINNING at a point on the South-easterly side of Marshall Road (50 feet wide) 286.80 feet Northeast of the Northeasterly side of Lansdowne Avenue (50 feet wide).

CONTAINING in front or breadth on Marshall Road 50 feet and extending of that width in length or depth between parallel lines running South 33 degrees 23 minutes 32 seconds East 105.13 feet.

BEING known as: 22 E. Marshall Road, Lansdowne, PA 19050.

PARCEL No. 23000212700.

IMPROVEMENTS CONSIST OF: resi-dential property.

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SOLD AS THE PROPERTY OF: Gloria Lynn Kearse, deceased.

Hand Money $16,080.75

Powers Kirn, LLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 000884 10. 2020

MORTGAGE FORECLOSURE

ALL THAT CERTAIN messuage and lot or piece of land, Situate on the West side of the public road or highway known as the Hook Road, leading from Marcus Hook to Village Green, at the distance of 521.02 feet, more or less, North from the point of inter-section of the West side of said Hook Road with the North side of Chichester Avenue and being 100.02 feet North from the North side of a 20 feet wide alley in the Township of Lower Chichester, in the County of Dela-ware and State of Pennsylvania.

CONTAINING in front measured thence North along the said Hook Road 25 feet and extending in depth West, continuing the same width between parallel lines (the North line thereof passing along the middle of the party wall separating said messuage from the messuage adjoining on the North) 150 feet to a 20 feet wide alley opening into the first mentioned alley.

TOGETHER with the right and use of said alleys in common with the owners of other lands abutting thereon.

BEING known as 1518 Market St., Lin-wood, Pennsylvania 19061.

Parcel No. 08000074500

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: Victor R. DiNicola, Jr. a/k/a Victor DiNicola, Jr.

Hand Money $12,282.00

Powers Kirn, LLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 008382 12. 2019

MORTGAGE FORECLOSURE

Property in the Township of Upper Chichester, County of Delaware and Com-monwealth of PA on the Northeasterly side of Yorklyn Circle.

Front: IRR Depth: IRR

BEING Premises: 2114 Yorklyn Circle, Boothwyn, PA 19061.

IMPROVEMENTS CONSIST OF: a single family residential dwelling.

SOLD AS THE PROPERTY OF: Yvonne S. Boulware.

Hand Money $26,806.81

KML Law Group, P.C., Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 010036 13. 2019

MORTGAGE FORECLOSURE

Property in the Borough of Trainer, County of Delaware and Commonwealth of PA on the Southwesterly side of Chestnut Street.

Front: IRR Depth: IRR

BEING Premises: 1030 Chestnut Street, Trainer, PA 19061.

IMPROVEMENTS CONSIST OF: a single family residential dwelling.

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SOLD AS THE PROPERTY OF: Vincent Wendowski.

Hand Money $8,817.75

KML Law Group, P.C., Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 009335A 15. 2019

MORTGAGE FORECLOSURE

ALL THAT CERTAIN lot or piece of ground with the buildings and improve-ments thereon erected,

SITUATE in the Borough of Yeadon, County of Delaware and State of Pennsyl-vania, bounded and described according to a Plan of Lots made for Dura-Built Homes Corporate by Franklin and Company, Bor-ough Engineers, Registered, dated May 12, 1937, as follows, to wit:

BEGINNING at a point on the North-easterly side of Pleasant Road, forty feet wide, at the distance of two hundred sixty-five and seventy-eight one-hundredths feet measured North twenty-eight degrees, thirty-nine minutes, twenty-eight seconds West from the Northwesterly side of Dar-nell Avenue, fifty feet wide.

CONTAINING in front or breadth along the said Northeasterly side of Pleasant Road measured North twenty-eight degrees thirty-nine minutes, twenty-eight seconds West thirty-three feet and extending of that width in length or depth between paral-lel lines at right angles to said Pleasant Road on a course North sixty-one degrees, twenty minutes, thirty-two seconds East eighty and fifty one-hundredths feet to the Southeasterly side of thereof and eighty and fifty-one one-hundredths feet on the Northwesterly side of thereof to a point in the center line of a twelve feet wide rear driveway (extending Northwestwardly into Parmley Avenue and Southeastwardly into Darnell Avenue) and containing on the rear thereof thirty-three feet.

HAVING ERECTED THEREON a resi-dential dwelling.

BEING the same premises as Raymond T. Melnicove and Bernice Melnicove, by Deed dated February 28, 1991, and recorded on March 4, 1991, by the Dela-ware County Recorder of Deeds in Record Book 828, at page 31, as Instrument No. 1991013717, granted and conveyed unto Dorothy Levan, an Individual.

BEING known and numbered as 819 Pleasant Road, Yeadon, PA 19050.

FOLIO No. 48-00-02575-00.

IMPROVEMENTS CONSIST OF: a residential dwelling.

SOLD AS THE PROPERTY OF: Doro-thy Levan.

Hand Money $3,000.00

Stern & Eisenberg, PC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 006318C 18. 2017

MORTGAGE FORECLOSURE

Property in the Township of Upper Chichester, County of Delaware and State of Pennsylvania.

Dimensions: 1 1/2 Sty Hse Gar 62 x 150

BEING Premises: 2037 Naamans Creek Road, Marcus Hook, PA 19061.

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: Steven A. Cooper, Jr., Amy L. Cooper.

Hand Money $17,984.14

Pincus Law Group, PLLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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No. 003320 19. 2021

MORTGAGE FORECLOSURE

ALL THAT CERTAIN parcel of land and improvements thereon situate in the Town-ship of Upper Darby, County of Delaware and Commonwealth of Pennsylvania, and designated as Parcel No. 16-13-00784-00 and more fully described in a Deed dated August 31, 1949 and recorded October 11, 1949 in Delaware County, granted and con-veyed unto Thomas J. Spadano and Alma I. Spadano, his wife.

KNOWN as Lot 14 Blanchard Road, and House No. 254 on the aforesaid plan.

TOGETHER with the free and com-mon use, right, liberty and privilege of the aforesaid driveways as and for driveways, passageways and watercourses at all times hereafter forever, in common with the owners, tenants and occupiers of the other lots bounding thereon and entitled to the use thereof.

BEING 254 Blanchard Road, Drexel Hill, PA 19026.

BEING Folio No. 16-13-00784-00

IMPROVEMENTS CONSIST OF: n/a.

SOLD AS THE PROPERTY OF: Natalie R. Winkler, Executrix of the Last Will and Testament of Thomas J. Spadano.

Hand Money $11,270.75

Parker McCay, P.A. Patrick J. Wesner, Esquire, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 009469 23. 2020

MORTGAGE FORECLOSURE

2013 W 7th Street Chester, PA 19013

Property in the City of Chester, County of Delaware, State of Pennsylvania.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

SOLD AS THE PROPERTY OF: Ellis McDowell, in his capacity as Heir of Ethel L. Exum a/k/a Ehtel L. Exum; Lawrence Exum, Jr., in his capacity as Heir of Ethel L. Exum a/k/a Ehtel L. Exum; Anthony Exum, in his capacity as Heir of Ethel L. Exum a/k/a Ehtel L. Exum; Sherida Collins, in her capacity as Heir of Ethel L. Exum a/k/a Ehtel L. Exum; Hope Exum-Brown, in her capacity as Heir of Ethel L. Exum a/k/a Ehtel L. Exum; unknown heirs, successors, assigns and all persons, firms or associa-tions claiming right, title or interest from or under Ethel L. Exum a/k/a Ehtel L. Exum.

Hand Money $3,000.00

RAS Citron, PLLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 007454 24. 2019

MORTGAGE FORECLOSURE

Property in the Township of Haverford, County of Delaware, Commonwealth of Pennsylvania.

BEING Folio No. 22-09-02544-00.

BEING Premises: 109 Walnut Hill Lane, Havertown, Pennsylvania 19083.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

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SOLD AS THE PROPERTY OF: Jean Fabrizio.

Hand Money $18,607.69

McCabe, Weisberg & Conway, LLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 009028 25. 2021

MORTGAGE FORECLOSURE

Property in the Township of Ridley, County of Delaware, Commonwealth of Pennsylvania.

BEING Folio No. 38040154700.

BEING Premises: 2323 Mole Road, Se- cane, Pennsylvania 19018.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

SOLD AS THE PROPERTY OF: Joseph T. Lemon and Patricia A. Lemon.

Hand Money $15,534.00

McCabe, Weisberg & Conway, LLC, Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 008422 26. 2021

MORTGAGE FORECLOSURE

ALL THAT CERTAIN lot or piece of ground with the buildings and improve-ments thereon erected, Hereditaments and appurtenances, Situate in the Town-ship of Upper Darby, County of Delaware and State of Pennsylvania, bounded and described according to a Plan of Property of Paul A. Scott by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated October 9, 1939, as follows:

BEING the same premises which Bernard F. Hagan, Jr. and Julia M. Hagan, husband and wife, by Deed dated 04/29/1988 and recorded 04/30/1998 in the Office of the Recorder of Deeds in and for the County of Delaware in Volume 1710, page 1592, granted and conveyed unto Francis J. Smagalla and Margaret E. Smagalla, as joint tenants with right of survivorship.

Tax ID No. 16090020100

BEING known as: 474 Derwyn Road, Drexel Hill, PA 19026.

IMPROVEMENTS CONSIST OF: resi-dential dwelling.

SOLD AS THE PROPERTY OF: Francis J. Smagalla.

Hand Money $3,000.00

Sarah A. Elia, Attorney

JERRY L. SANDERS, JR., Sheriff

No. 009638A 27. 2019

MORTGAGE FORECLOSURE

Judgment Amount: $338,660.05

Property in the Borough of Lansdowne, County of Delaware, State of Pennsylvania.

Front: Irregular Depth: Irregular

BEING Premises: 101 West Plumstead Avenue, Lansdowne, PA 19050.

Folio Number: 23-00-02562-00

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: Montrell Freeman and Sharisse Stanton-Freeman.

Hand Money $33,866.00

Christopher A. DeNardo, Esquire, Attorney

JERRY L. SANDERS, JR., Sheriff

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

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No. 008341 28. 2019

MORTGAGE FORECLOSURE

Property in the Township of Chester, County of Delaware and Commonwealth of PA on the beginning at a point on the Westerly side of Harshaw Road.

Front: IRR Depth: IRR

BEING Premises: 1224 Harshaw Road, Brookhaven, PA 19015.

IMPROVEMENTS CONSIST OF: a single family residential dwelling.

SOLD AS THE PROPERTY OF: Malik Craig.

Hand Money $7,713.33

KML Law Group, P.C., Attorneys

JERRY L. SANDERS, JR., Sheriff

No. 009189 29. 2021

MORTGAGE FORECLOSURE

Judgment Amount: $182,144.54

Property in the Borough of Parkside, County of Delaware, State of Pennsylvania.

Front: Irregular Depth: Irregular

BEING Premises: 59 East Chelton Road, Brookhaven, PA 19015.

Folio Number: 32000022500

IMPROVEMENTS CONSIST OF: resi-dential property.

SOLD AS THE PROPERTY OF: Patricia M. Carey.

Hand Money $18,214.45

Kristen D. Little, Esquire, Attorney

JERRY L. SANDERS, JR., SheriffJune 24; July 1, 8

DELAWARE COUNTY REPORTS 147147 (2022).] Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al.

Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al. [109 Del.147 (2022).] Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al.

89 31

Chester Upland School District and Chichester School District v. Delaware County Board of Assessment Appeals and County of DelawarePreliminary Objections – Legal Insufficiency of a Pleading (Demurrer) – Con-

solidated County Assessment Law – Appeals by Taxing District – Burden of Proof – Duty of Board of Assessment Appeal to Defend Assessment

A party may file preliminary objections to a complaint under Pa.R.Civ.P. 1028(a)(4) where the facts averred in the complaint are legally insufficient to set forth a cause of action. Vattimo v. Lower Bucks Hospital, Inc., 465 A.2d 1231 (Pa. 1983)

The Consolidated County Assessment Law provides taxing authorities with the same procedural rights provided to a taxpayer regardless of whether a tax assessment appeal was filed by the taxpayer or by the taxing authority. 53 Pa.C.S. § 8855

The Consolidated County Assessment Law imbues a Board of Assessment appeals with the power and duty to present a prima facie case in support of its assessment and to take any other necessary steps to defend its valuation and assessment. 53 Pa.C.S. § 8854.

The court held:

Preliminary objections to School Districts’ Action for Declaratory Judgment seeking an order enjoining Board of Assessment Appeals from participating in pending tax assess-ment appeals filed by School Districts properly sustained for failure to state a claim upon which relief could be granted where Consolidated County Assessment Law plainly granted Board power and duty to defend its assessment.

Case No. CP-23-CV-2021-002981

Donald J. Weiss, Esquire, Counsel for the School Districts/AppellantsMarc A. Zaid, Esquire, Counsel for the School Districts/AppellantsJoan R. Price, Esquire, Counsel for Delaware County Board of Assessment Appeals/

AppelleeMelissa Lovett, Esquire, Counsel for County of Delaware/Appellee

Opinion by the Honorable Barry C. Dozor filed March 17, 2022

OPINION

NATURE AND HISTORY OF THE CASE:

This is an Appeal from the Court’s Order dated January 14, 2022. The nature and history of this case is as follows:

On March 25, 2021, Chester Upland School District and Chichester School District (hereinafter “Appellants” or “the School Districts”) filed a Declaratory Judg-ment action in which the School Districts sought to obtain a judicial determination pursuant to the Pennsylvania Declaratory Judgments Act,1 that the Delaware County Board of Assessment Appeals (hereinafter “the Board”) should be enjoined from actively participating in all pending cases involving the School Districts’ ap-peals of the Board’s decisions regarding either an appeal of a property’s value or an appeal seeking to revoke the real estate tax exemption for a property.

On May 10, 2021, the Board filed Preliminary Objections to the School Dis-tricts’ Complaint. On that same date, the County of Delaware joined in those Board’s

1 Pennsylvania Declaratory Judgments Act, 42 Pa.C.S. §§ 7531-7541.

DELAWARE COUNTY REPORTS148 Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al. [109 Del.

32

Preliminary Objections. Subsequently, the School Districts filed an Amended Complaint on May 11, 2021. Therein, the School Districts averred they have filed multiple cases in the Delaware County Court of Common Pleas involving appeals from 2020 Board decisions concerning either an appeal of a property’s assessment or an appeal seeking to revoke the real estate tax exemption for a specific property. (5/11/21 Amended Complaint, ¶ 8). In these appeals, the Board was named as a Re-spondent pursuant to a local rule of Court: Del. Co. R.C.P. No. 30.2 (5/11/21 Amended Complaint, ¶ 9). The School Districts stated that the Board had intervened with its solicitor entering an appearance on behalf of the Board in the appeals from 2020 Board decisions. (5/11/21 Amended Complaint, ¶ 10). Moreover, in instances when the School Districts filed a Motion for Leave of Court to Permit Discovery in the subject cases, the Board objected to such discovery, which, if such objections were to be upheld, the School Districts contend would substantially interfere with the School Districts’ preparation for the respective trials. (5/11/21 Amended Complaint, ¶ 11). The School Districts further averred the Board has no actual interest in the outcome of any of the multiple cases involving either an appeal of an assessment or an appeal seeking to revoke the real estate tax exemption for a property. (5/11/21 Amended Complaint, ¶ 12).

Preliminary Objections to the School District’s Amended Complaint were filed by the Board on June 1, 2021 with the County of Delaware again joining in these objections. The School Districts filed a response to the Preliminary Objections. By Order dated January 14, 2022, the Preliminary Objections were sustained, and the Amended Complaint was dismissed with prejudice. The instant timely appeal followed.

The School Districts raise the following issues on appeal:

1. This Honorable Court committed error of law or abused its discretion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling was based upon the purported failure to state a claim upon which relief can be granted, which purportedly justifies preliminary objections for legal insufficiency pursuant to Rule 1028(4).2. This Honorable Court committed error of law or abused its discretion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling was based upon a misapprehension or misinterpretation of 55 Pa.C.S. §8854 as applied to the facts asserted in the Amended Complaint.3. This Honorable Court committed error of law or abused its discretion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling

2 Delaware County Local Rule *30, provides in relevant part:Rule *30—Appeals from Real Estate Assessment(c) The petitioner shall file with the petition a certification that service in conformity with Pa.R.C.P. 440 has been made upon the Board of As-sessment Appeal of Delaware County and all taxing districts or property owners affected by the appeal. A copy of this certification shall also be filed with the Court Administrator.

Del. Co. R.C.P. No. 30.

DELAWARE COUNTY REPORTS 149147 (2022).] Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al.

was based upon a misapprehension or misinterpretation of 55 Pa.C.S. §8855 as applied to the facts asserted in the Amended Complaint.4. This Honorable Court committed error of law or abused its discre-tion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling was based upon the purported interpretation that 55 Pa.C.S. §8855, which confers on a “taxing district” the right to file an appeal from a DELAWARE COUNTY BOARD OF ASSESSMENT AP-PEALS (“Board”) decision, should be construed to treat such appeal in all ways (including the conduct of trial) as if the appeal were taken by the “taxable person” pursuant to 55 Pa.C.S. §8854.5. This Honorable Court committed error of law or abused its discretion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling overlooked the mandates of the Pennsylvania Statutory Construction Act, particularly 1 Pa.C.S.A. §1903 and 1 Pa.C.S.A. §1921, in interpret-ing 55 Pa.C.S. §8854 and 55 Pa.C.S. §8855.6. This Honorable Court committed error of law or abused its discre-tion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling overlooked the common law statutory construction maxim, “expressio unius est exclusio alterius” (which establishes the inference that, where certain things are designated in a statute, all omissions should be understood as exclusions) in interpreting 55 Pa.C.S. §8854 (a)(6).7. This Honorable Court committed error of law or abused its discretion, by having sustained Defendants’ preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling applied the language of 55 Pa.C.S. §8855 to allow active Board involve-ment in court cases for Board decision appeals by a taxing district, when 55 Pa.C.S. §8855 expressly limits such involvement to appeals involving the assessment and does not extend to non-assessment cases (such as the exemption revocation cases at issue in the Amended Complaint).8. This Honorable Court committed error of law or abused its discre-tion, by having sustained BOA’s preliminary objections and dismissed the School Districts’ Amended Complaint, with prejudice, if such ruling was based upon any other reason, whether stated or not in Defendants’ preliminary objections to the Amended Complaint.

DISCUSSION:

The School Districts’ Amended Complaint was dismissed because the School Districts failed to state a claim upon which relief can be granted. Pa.R.C.P. 1028, Preliminary Objections, provides in relevant part:

Preliminary objections may be filed by any party to any pleading and are limited to the following grounds:

3332

DELAWARE COUNTY REPORTS150 Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al. [109 Del.

(1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint;(2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter;(3) insufficient specificity in a pleading;(4) legal insufficiency of a pleading (demurrer);(5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action;(6) pendency of a prior action or agreement for alternative dispute resolution;(7) failure to exercise or exhaust a statutory remedy; and(8) full, complete and adequate non-statutory remedy at law.

Pa.R.C.P. No. 1028.In reviewing preliminary objections in the nature of a demurrer, all material

facts averred in the complaint, and all reasonable inferences that can be drawn from them, are admitted as true. Vattimo v. Lower Bucks Hospital, Inc., 465 A.2d 1231, 1232 (Pa. 1983); Fletcher v. Pennsylvania Property & Casualty Insurance Guaranty Association, 914 A.2d 477, 479 n.2 (Pa. Cmwlth. 2007), aff ’d, 985 A.2d 678 (Pa. 2009). However, a court need not accept as true conclusions of law, unwar-ranted inferences, argumentative allegations, or expressions of opinion. Portalatin v. Department of Corrections, 979 A.2d 944, 947 (Pa. Cmwlth. 2009). “Preliminary objections should be sustained only in cases that are clear and free from doubt.” Pennsylvania AFL-CIO v. Commonwealth, 757 A.2d 917, 920 (Pa. 2000).

The School Districts in their Amended Complaint filed on May 11, 2021, request the trial court to preclude the Board from actively participating in any of the assessment appeals filed by the School Districts rather than seeking preclusion in each individual matter. The School Districts assert the basis for this requested broad disqualification is that the Consolidated County Assessment Law3 does not permit the Board to participate actively in cases in the Courts of Common Pleas involving appeals of the Board’s decisions. (5/11/21 Amended Complaint, ¶ 18).

The Board contends the actual impetus for the School Districts’ blanket objec-tion to its active participation in the appeals arises from the Board’s objections to Motions for Leave of Court to Take Discovery filed by the School Districts in some matters. (6/1/21 Preliminary Objections, ¶ 12). Therein, the School Districts have sought to take discovery not only of taxpayers but also of the Board as a Respondent. Id. The Board opposed the Motion for Leave to Take Discovery to the extent that Plaintiff seeks discovery from the Board, not from the taxpayer.4

Regardless of the School Districts’ motivation, the central theory of its May 11, 2021 Amended Complaint is that 53 Pa.C.S. § 8854(a)(6) of the Consolidated County Assessment Law only permits the Board to participate in a taxpayer’s

34

3 Consolidated County Assessment Law, 53 Pa.C.S. § 8801, et seq.4 The Board concedes that if the School Districts’ motions for discovery only sought discovery from taxpayers, the Board would have no basis to object. (6/1/21 Memorandum in Support of Preliminary Objections, p. 4).

DELAWARE COUNTY REPORTS 151147 (2022).] Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al.

appeal of an assessment, not those filed by a taxing district.5 Section 8854(a)(6) provides in the relevant part:

In any appeal by a taxable person from an action by the board, the board shall have the power and duty to present a prima facie case in support of its assessment, to cross-examine witnesses, to discredit or impeach any evidence presented by the taxable person, to prosecute or defend an appeal in any appellate court and to take any other necessary steps to defend its valuation and assessment.

53 Pa.C.S. § 8854, Appeals to Court. Therefore, Boards of Assessment have explicit statutory authority in 53 P. S.

§ 8854 to participate in appeals from decisions of the courts of common pleas and may take any other necessary steps to defend its valuation and assessment. The School Districts’ argument ignores the plain language of the following section of the Consolidated County Assessment Law—53 Pa CS § 8855, Appeals By Taxing Districts, which states:

A taxing district shall have the right to appeal any assessment within its jurisdiction in the same manner, subject to the same procedure and with like effect as if the appeal were taken by a taxable person with respect to the assessment, and, in addition, may take an appeal from any decision of the board or court of common pleas as though it had been a party to the proceedings before the board or court even though it was not a party in fact. A taxing district authority may intervene in any appeal by a taxable person under section 8854 (relat-ing to appeals to court) as a matter of right.

53 Pa.C.S. § 8855(emphasis added). The School Districts would have the trial court order the Board to stand mute

when a taxing district files an appeal; however, the Assessment Law requires the same procedures with like effect be applied regardless of whether the appeal was taken by a taxable person or a taxing district. 53 Pa.C.S. § 8855. Therefore, if a taxing district is “subject to the same procedures”6 as an appeal taken by a tax-able person and the Board is obligated to take other necessary steps to defend its valuation and assessment,7 the broad, blanket preclusion requested by the School Districts is impermissible. The treatment of a taxpayer as compared with a taxing district was examined by the Pennsylvania Commonwealth Court in the context of a school district’s and township’s challenge to an untimely decision from a Board of Assessment Appeals in Richland Sch. Dist. v. Cty. of Cambria Bd. of Assessment Appeals, 724 A.2d 988 (Pa.Cmwlth. 1999). In Richland, the Commonwealth Court stated the Assessment Law itself ensures the township and school district at issue were entitled to same procedural due process rights as those afforded individual taxpayers in tax assessment appeal. Id. at 989.

Additionally, the procedural requirements of an appeal require the Board’s active participation at trial. At trial, the initial burden is on the Board, regardless

3534

5“Taxing district” includes a county, city, borough, incorporated town, township, school district or county institution district. 53 Pa.C.S. § 8802(emphasis added). 6 53 Pa.C.S. § 88557 53 Pa.C.S. § 8854

DELAWARE COUNTY REPORTS152 Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al. [109 Del.

of whether the appeal was instituted by a taxpayer or by a taxing district. The As-sessment Law imbues the Board with “the power and duty” to present a prima facie case in support of its assessment. 53 Pa.C.S. § 8854. The trial court is the ultimate finder of fact when performing a de novo review in a tax assessment appeal regard-ing real property, and it maintains exclusive province over matters involving the credibility of witnesses and the weight afforded the evidence. Expressway 95 Bus. Ctr., LP v. Bucks Cty. Bd. of Assessment, 921 A.2d 70 (Pa. Cmwlth. 2007); 72 P.S. § 5020–518.1. In a tax assessment appeal, the burden initially is on the Board, which it satisfies by presenting its assessment records into evidence. Id. at 76.(emphasis added). Once presented, a prima facie case is established of the validity of the assessed value of property. Deitch Company v. Board of Property Assessment, 209 A.2d 397 (Pa. 1965); Koppel Steel Corporation v. Board of Assess-ment Appeals of Beaver County, 849 A.2d 303 (Pa. Cmwlth. 2004).

Given that prima facie evidence is a fact presumed to be true unless it is rebutted by contrary evidence, and because the charge of the trial court is to de-termine fair market value, a taxpayer then carries the burden of presenting “suf-ficient, competent, credible and relevant evidence of the fair market value of the property to rebut the validity of the assessment.” Expressway 95 Bus. Ctr., LP v. Bucks Cty. Bd. of Assessment, 921 A.2d 70, 76 (Pa. Cmwlth. 2007). To overcome this presumption:

It is not enough to merely present evidence from a qualified expert. The evidence must be sufficient to rebut the validity of the assessment which means the evidence must be (1) believed in the sense that the trial court accepts the veracity of the expert based on, for example, his demeanor; and (2) relevant and competent in the sense that it is not dubious, but legally and factually sound so that it is of practical value to the court in its effort to arrive at the fair market value.

Craftmaster Manufacturing, Inc. v. Bradford County Board of Assessment Appeals, 903 A.2d 620, 627 (Pa. Cmwlth. 2006).

In all cases the Board is required to present a prima facie case in support of its assessment and to participate actively in appeals. Indeed, the statutes and caselaw cited above sets forth the established order of proof in any assessment appeal. The Board is required to first establish a prima facie case by entering the assessment record into evidence. The Delaware County Board of Assessment Ap-peals will typically present the Assessment Manager for purposes of entering the assessment record as a prima facie case. (6/1/21 Memorandum in Support of Pre-liminary Objections, p. 6). This mandatory procedure establishes the assessment at issue and triggers the burden shift to the appellant—taxpayer or taxing district. To limit the Board’s participation in the appeal runs afoul of the evidentiary mandates pronounced by the Assessment Law. A blanket preclusion of the Board in any of the School Districts’ appeals is, therefore, procedurally defective.

In addition to the argument that the Board’s statutory powers do not in-clude the right to participate in a court appeal filed by a taxing district, the School Districts also allege the Board lacks standing “because it has no actual interest in the outcome of any of the multiple cases filed by the School District with this Court, each involving appeals form a decision by the Board regarding either an appeal of an assessment (i.e., a property’s value) or an appeal seeking to revoke

36

DELAWARE COUNTY REPORTS 153147 (2022).] Chester Upland S.D. et al. v. Del. Co. Bd. of Assess. et al.

the real estate tax exemption for a property.” (5/11/21 Amended Complaint, ¶ 12). This assertion disregards the specific provisions of the Consolidated County As-sessment Law which states that “the board shall have the power and duty” to participate actively in appeals taken from the Board’s decisions and to take any “other necessary steps to defend its valuation and assessment.” 53 Pa.C.S. § 8854(emphasis added). Given the statutes and well established caselaw which provide a Board of Assessment Appeals may take any necessary steps to defend its valuation and assessment, the School Districts failed to state a claim upon which relief could be granted.

CONCLUSION:

For all the foregoing reasons, this Court did not err in sustaining the Pre-liminary Objections to the Amended Complaint as the School Districts failed to state a claim upon which relief could be granted. Therefore, the instant appeal should be denied.

BY THE COURT:

_____________________________ BARRY C. DOZOR, J.

37

DELAWARE COUNTY LEGAL JOURNAL Vol. 109 No. 26 7/1/22

38

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