A Record of Cases Argued and Determined in the Various Courts of York County

Vol. 133 YORK, PA, THURSDAY, APRIL 4, 2019 No. 1

CASES REPORTED

COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all contents in vehicle, $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe Page 1

ARTICLE OF LEGAL INTEREST Do You Know Your Client’s Date of Marriage? By Lynnore K. Seaton, Esquire – The Law Office of Lynnore K. Seaton Page 8

BAR TY ASS UN O O C C IA T K I R O O N

Y

F O A P U , N K D R ED O 1881 Y

Dated Material Do Not Delay

Lawyers Concerned for Lawyers The York Legal Record Publication Board is seeking

York Support Group articles from members on Meetings 2nd Thursday of current legal topics like case law summaries, legislative each month updates, or other issues that April 11, 2019 next meeting may be of interest to YCBA Strictly confidential program for members. Please send anyone dealing with alcohol or submissions to Jennifer

drug issues, depression, bipolar Mischke at issues, eating disorders, ([email protected]). gambling, etc. Submissions should be no For additional information and more than one page in length

locations of each meeting – Call and should be educational LCL 800-335-2572 or and not promotional in anonymously to Cheryl nature. All submissions are Kauffman 717-854-8755 x203 at subject to the review and the York Bar Association approval of the Publication All information confidential Board.

Size: 2.25w x 4.75h Size: 2.25w x 4.75h

The York Legal Record is published every Thursday by The York County Bar Association. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the York Legal Record nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. Carolyn J. Pugh, Esquire, Editor.

The York Legal Record makes no representation as to the quality of services offered by advertiser in this publication.

The York Legal Record welcomes editorial submissions from members of the bar. Letters and articles to the York Legal Record from readers on all topics concerning the legal profession are welcome. The Publication Board and the Editor reserves the right to select what is to be published. The opinions expressed in this publication are those of the authors and do not reflect the opinions or views of the York Legal Record Publication Board, The York County Bar Association, or its members. The articles printed herein are subject to interpretation consistent with state and federal laws. The appearance of a product or service advertisement herein does not constitute an endorsement of the product or service by the York County Bar Association. The York Legal Record makes no representation as to the quality of services offered by advertisers in this publication.

Legal notices must be received by York Legal Record, 137 E. Market St., before four o’ clock on Friday afternoon. Telephone 854-8755 ext. 202.

Subscription: $45.00 per year to non-members. Published Weekly, Periodicals Postage Paid, York, PA 17402 U.S.PS. No. 696140

POSTMASTER: Send address changes to York Legal Record, 137 E. Market St., York, PA 17401

Web: www.yorkbar.com • E-mail: [email protected] COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all contents in vehicle, $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe 1 COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes feiture. Commonwealth v. 1992 Chevrolet, 844 A.2d 583 (Pa. Cmwlth Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all 2004). The forfeiture statute grants the police extensive powers to seize contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN the personal property of citizens, without prior judicial approved or or- #IB3ES42C5TD646387 and all contents in vehicle, $924.10 Cash, der when the police claims establish a nexus between the possession/ Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe ownership of property and illicit drug activity. Under the statute, upon an order of the court forfeiting property, the Forfeiture property is sold at auction (hearing transcript of December 17, 2018 at page 40, hereinafter Tr. 40). Proceeds from the auction are then utilized 1. The Commonwealth sought forfeiture of the above referenced to help finance the operations of the Drug Task Force through the Dis- property pursuant to 42 Pa.C.S.A. § 5802 et seq. trict Attorney’s Office (Tr. 43). The Drug Task Force is the police entity whose officers are involved in the seizure of the property involved in this 2. The Court held that there is no basis for the seizure of any vehicle case (Tr. 2, 40). from the Defendant. The vehicles were ordered to be returned to the custody of the Defendant or his designated family members FACTS OF THE CASE and all cost of storage are placed upon the Commonwealth. The two televisions sets were ordered to be returned to the Defendant Claimant, Christopher Hawkins, is a convicted drug dealer. On or his designated representative in working condition within March 22, 2016, Officers of the York County Drug Task Force set up a three days, as there was no lawful basis whatsoever to seize this purchase of heroin from Mr. Hawkins at his home at 298 Rathton Road, property. York Pennsylvania. The purchase was conducted through a confidential informant. Mr. Hawkins resided at 298 Rathton Road with his girlfriend, ______Christina Oliveras. His adult son sometimes resided at the residence as well. Mr. Hawkins was the owner of 4 to 5 vehicles at the time of the IN THE COURT OF COMMON PLEAS relevant drug transactions. The exact number is not important to the YORK COUNTY PENNSYLVANIA ultimate disposition of this case and there was conflicting testimony on that point. Amongst the vehicles that the Defendant did own were two of COMMONWEALTH OF : NO. CP-67-MD-0001853-2016 the vehicles the Commonwealth seeks to forfeit in this case, specifically PENNSYLVANIA : a gray 2004 Mercedes Benz CLK, VIN# WDBTJ65J04F074549 and a : red 1996 Dodge Neon VIN# IB3ES42C5TD646387. vs. : On March 22, 2016, Detective S. of the York County Drug Task : Force watched Mr. Hawkins exit from his residence at 298 Rathton Road Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, to meet with the confidential informant for the sale of heroin. Mr. Haw- VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 kins performed the sale, then returned into his residence. The informant Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all returned to the police surveilling the transaction and turned over the her- contents in vehicle, $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 oin he had just purchased from Hawkins. Cal Pistol Ser # A70895, Black Safe On the following day, March 23, 2016, Detective S. met with a 2nd confidential informant. Thend 2 informant again went to the address, RE: Christopher Michael Hawkins 298 Rathton Road, to conduct a controlled buy from Mr. Hawkins. The 2nd CI purchased heroin from Mr. Hawkins. The confidential informant immediately told the police that he had purchased the drugs from Mr. APPEARANCES: Hawkins utilizing the official funds he had been provided. The CI turned over the heroin that he had just purchased. The Defendant did not use Deirdre Sullivan, Esquire, Counsel for the Commonwealth any vehicles in the sale of any drugs on the 22nd or 23rd (Tr. 15-16) Immediately following the second sale, Detective F. of the District Korey Leslie, Esquire, Counsel for the Defendant Attorney’s Office obtained a search warrant for the Rathton Road resi- dence. In the interim, Mr. Hawkins had left his residence and was taken OPINION AND ORDER into custody during a traffic stop. At that time he was driving a black Ford Escape with the vanity tag, “CRISSY”. During the apprehension On October 30, 2018, Defendant Christopher Michael Hawkins Mr. Hawkins was found to be in possession of $526.00, of which $80 pled guilty in the Court of Common Pleas of York County, Judge Craig were official funds that had been used in the purchase of illegal narcotics T. Trebilcock presiding, to Delivery of Heroin, Possession with Intent to just prior to leaving the house. This vehicle was not sought for forfei- Deliver Heroin, and Possession of Heroin. He also pled guilty to being ture. a Person not to Possess a Firearm. Subsequently, the Commonwealth Subsequent to his arrest, Mr. Hawkins was interviewed by Detective initiated a forfeiture action pursuant to the guilty plea against the prop- F., while Detective S. assembled a team to execute the search warrant on erty enumerated in the caption above. A forfeiture hearing was held on 298 Rathton Road. Pursuant to the search warrant, Detective S. and his December 17, 2018, with the parties permitted to submit supplemental team entered the residence at 298 Rathton Road. Inside they located de- briefs and argument. This opinion follows. fendant’s son, Christopher Hawkins Jr, who indicated that he sometimes stayed in the residence (Tr. 8). The son identified Defendant’s bedroom LEGAL AUTHORITY as the northeast bedroom of the house. In the course of searching that particular room, the police located marijuana, an AMT .380 pistol, and The Commonwealth seeks forfeiture of the above referenced prop- a black safe which contained $138.10 and 4 ecstasy pills. They also erty pursuant to 42 Pa.C.S.A. § 5802 et seq. The legislature enacted this located two boxes of ammunition for the pistol. There were other pills, statue, as amended, to “eliminate economic incentives of drug-related packaging materials, and digital scales throughout the room. In addition, activity and thereby deter such activity.” Commonwealth v. Heater, 899 a Vizio TV was located in that same bedroom. A Phillips TV was located A.2d 1126, 1132 (Pa. Super 2006). Civil forfeitures are a quasi-criminal and seized in the living room. Both televisions were seized, solely be- proceeding that is a penalty for engaging in wrongdoing prohibited by cause they had resale value. (Tr. 20). statute. Detective S. testified that they seized a 1996 red Dodge Neon, a Property is forfeited not as a result of [a] criminal conviction, but Jeep, as well as the 2004 Mercedes Benz, which were taken back to the through a separate proceeding, civil in form but quasi-criminal in police station. Detective S. concluded that that the Jeep and Ford Es- nature, in which the agency seeking the property must show, by a cape were not involved in any criminal activity and the police could not preponderance of the evidence, a nexus between the property sought see any nexus between the drugs and those two vehicles, so they were and the possessor’s illegal activity… returned (Tr. 12). Commonwealth v. Jackson, 53 A.3d 952, 956 (Pa. Cmwlth 2012). Detective S. testified that the Dodge Neon and the Mercedes were In order to prevail in a forfeiture action the Commonwealth must kept by the police because “we thought there was clear and convincing establish by a preponderance of the evidence that a nexus exists between nexus between drugs and those vehicles” (Tr. 12). However, no credible the pertinent illegal activity and the property subject to forfeiture; when facts were provided by Detective S. to substantiate these conclusions1. that burden is sustained, the burden of proof shifts to the property owner During cross examination, Detective S. indicated the vehicles did not to disprove the evidence or establish statutory defenses to avoid for- play any role in the drug transactions on the 22nd or 23rd (Tr. 15-16). De- COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all contents in vehicle, 2 $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe tective F. was the investigator who took the lead in questioning Hawkins atmosphere in discussing matters with Mr. Hawkins was not antagonistic (Tr. 17). Detective S. only heard a “very little bit of it.” (Tr. 17). Mr. and that he was discussing things very freely. He discussed “his heroin Hawkins indicated that he went to Baltimore two or three times a week to sales,… what he sold it for, where he purchased his heroin for resale, get drugs (Tr. 17). However, he never specified that he used the Mercedes things like that…” (Tr. 34), Detective F. conceded that the Defendant nev- (Tr. 17). Detective S. testified that Mr. Hawkins indicated that he did er acknowledged that he used either the Mercedes or the Dodge Neon for drive the Mercedes Benz around York to “meet people for money primary drug distribution or purchases (Tr. 35). Detective F. also admitted that the for drugs.” This is a verbal statement that was not recorded, nor preserved police did not have any evidence that he used either vehicle for drug trans- in any way other than in the officer’s memory.2 It is not a statement cor- actions (Tr. 36). The Court finds the testimony of Detective F. credible. roborated by Detective F., and the Court finds Detective S’s memory to be Upon questioning by the Commonwealth, Detective F. indicated that faulty on that point. Detective S. testified that there was no lien on either if there was financial information, such as receipts or recent purchase in- the Neon or Mercedes Benz (Tr. 19), the apparent sole distinguishing fac- formation as to who made a purchase of personal property, that the police tor as to why they were seized, instead of the other vehicles. will take that information, in order to determine whether property should Regarding the televisions, during cross examination, Detective S. be forfeited (Tr. 39). Upon questioning by the Court, Detective F. indicat- was asked “What is the connection between drugs and the TV, specifically ed that items seized to be forfeited are sold at auction twice a year, with the Phillips TV that was found in the living room?” Detective S. indi- the proceeds going “ to the District Attorney’s Office to the Drug Task cated that the sole basis in seizing the TV was that “Mr. Hawkins wasn’t Force” (Tr. 40). Detective F. clarified on recross that the funds are going employed, therefore, not able to have money to obtain such items.”3 This to fund the Drug Task Force active training, equipment, and overtime (Tr. conclusion was made despite not knowing the age of the TV. The detec- 43). Forfeitures, in part, therefore, result in additional income streams to tive acknowledged that the girlfriend was working and that she could have the very officers seizing the property, a source of concern to this Court. afforded the TV, and that “it was seized because there was value to that Christina Oliveras, the Defendant’s girlfriend, testified at the hear- TV to sell it.” (Tr. 20) As further evidence in the hearing revealed, the ing (Tr. 44). The Court noted that her testimony would be received with supposition that Hawkins had not been legitimately employed was wrong. doubt, because as she was walking up to the witness stand, she paused When asked why the Vizio TV in the bedroom was taken, the officer re- and exchanged information in a hushed voice with the Defendant at the sponded “same theory” (Tr. 21). The Defense counsel asked Detective S. Defense table. This appeared to the Court to be an attempt to either in- to elaborate, asking “Since he wasn’t working to afford it, it must have fluence his testimony or her own (Tr. 44). Ms. Oliveras testified that the come from ill-gotten means?” Detective S. responded “Correct.” The TV in the living room belonged to her and that she purchased the TV in officer conceded once again that the Defendant’s wife/girlfriend, Ms. Ol- 2015 from Sam’s Club. She indicted Mr. Hawkins purchased the TV in iveras, who resides at 298 Rathton Road, does work. On further cross the bedroom in March 2016. She also testified that the Defendant was examination the officer acknowledged that he does not know the age of working just prior to his arrest to March 2016. She further testified that the Vizio TV, nor whether Mr. Hawkins had ever worked previously. In the Red Dodge Neon belonged to Mr. Hawkins, but that she and the De- short, there was no factual evidence to support the conclusion that Mr. fendant bought the Gray 2004 Mercedes Benz together (Tr. 48). The Mer- Hawkins (or another resident) could not legitimately afford a television cedes Benz was bought with a trade-in of a Dodge Magnum, which they being present in his home. The task force seized the property simply previously owned, as well as a $1,500 down payment at that time, and a because it had resale value. $1500 payoff within a month or two (Tr. 49). Ms. Oliveras placed the The Court then engaged in a brief questioning of the witness to in- date of purchase at February 1, 2014. Ms. Oliveras testified that she was quire how the police decide which items to take and which items not to working at a nursing home in 2014 making between $19.80 to $22.80 per take when dealing with a suspected drug dealer. This Court has noted in hour on a full time basis. The Court finds that Ms. Oliveras statements numerous forfeiture proceedings initiated by the Drug Task Force in the regarding her work record and pay to be credible, as well as information past year that large screen TVs are very frequently seized from the houses provided regarding her relationship with the Defendant, such as the fact of drug suspects, as are video game systems, regardless of any nexus to that she cohabitated with the Defendant at the time of the seizure. This drug activity or funds. Accordingly, in the instant case, the Court inquired testimony was corroborated by other evidence in the case. The Court also if there was an SOP that led or directed police towards those items. Detec- finds her testimony credible that the Defendant was working up until just tive S. indicated that there was not. The Court further inquired why other prior to his arrest in 2016. As to any other testimony regarding ownership items of value are not taken, such as silverware or Hummels (collectibles), of property in this case, the Court gives no weight to her testimony due to or furniture. Detective S. responded “I can only say we may take those her misconduct as she approached the witness stand. items if there is value in those items. There is not typical value in furni- Christopher Hawkins next testified, and the Court finds that the De- ture or typically value in general silverware. Whereas there is value in fendant testified credibly. The Defendant presented employment records those other items.” (Tr. 25). for the Court’s consideration to corroborate his testimony that he had reg- Detective F. then testified and indicated that his role was to assist ular employment until just before his arrest. He testified that he had been with the controlled purchase in the afternoon of March 23, 2016. He dealing heroin and that he had also been employed in a series of temporary indicated that he observed the controlled buy between Mr. Hawkins and jobs leading up to March 2016, including through a temporary agency (Tr. the informant, and remained at 298 Rathton where the purchase had been 57). The Defendant testified that in 2014 he was working for Ferguson made (Tr. 27). Detective F. ultimately arrested and questioned Mr. Haw- Trenching Company, a subcontractor for Baltimore Gas and Electric, and kins. Detective F. read Mr. Hawkins his Miranda warnings, which he that he may have also worked for a moving company. The Defendant testi- waived. Mr. Hawkins revealed that he obtained his heroin in Baltimore fied that he purchased a Gray 2004 Mercedes Benz from D and M Motors and in York, buying bundles of gram quantity to “take care of” a couple of for a trade in, $1500 down, and the balance payoff in 30 to 60 days. The people, mainly friends (Tr. 31). He also acknowledged possession of the Court finds that the Defendant legitimately purchased this vehicle with handgun. In short, he made credible and non-evasive statements against lawfully obtained funds, and there is no evidence to indicate that the vehi- his personal interest. cle was bought with the proceeds from any drug transactions. The Court When asked what vehicles he drove to Baltimore, he said that he also finds that there is no evidence that the Defendant bought the Dodge would “take whatever was available.” (Tr. 31). It was at that point, or just Neon with the proceeds from any drug transactions. The Defendant de- before, that Detective S. walked in upon the conversation. (Tr. 31). nied ever selling drugs out of the Mercedes Benz and the Court finds there Detective F. asked Mr. Hawkins specifically if he took the Dodge is not sufficient evidence either vehicle was used for drug transactions. Neon and the Mercedes to Baltimore. He said that he did, but when asked The Commonwealth and Defense counsel entered into a stipulation if he took the Mercedes to Baltimore to pick up heroin, he responded that beginning in 2014, specifically January 29, 2014 through April 12, simply by indicating that “he took whatever vehicle was around.”4 The 2014, Defendant was working on a part time basis for the moving ser- discussion between the Detective and the Defendant continued as the po- vice (Tr. 61). The Defendant was also working through February 2016 lice sought clarification. The Defendant indicated to Detective F. that it and presented bank records to substantiate that fact, that he was working sounded to him as if the police were seeking to get him to admit that he through Aerotek. (Tr. 62-62). Accordingly, the suppositions and conjec- used the car so that they can take it (Tr. 32). Detective F. responded that ture upon which the task force justified seizing the televisions was com- he wanted to clarify as to what the Defendant did with his vehicle when it pletely without factual basis. came to heroin sales, and at that point the Defendant stopped responding to questions about the Mercedes. ANALYSIS The Defendant made the same general statement in regard to inqui- ries about links between the Dodge Neon and drug activity, i.e., that “he This Court holds that the forfeiture statute enacted by the Pennsylva- would take whatever vehicle was around.” Detective F. indicated that the nia Legislature, 42 Pa.C.S.A. 5802 et seq., is not constitutionally vague, COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all contents in vehicle, $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe 3 accomplishes a legitimate government purpose, and is not intended to does not have clean hands and is a criminal. However, the protections be punitive in nature. It is within the legitimate authority of the legisla- of the Constitution of the United States, and that of Pennsylvania, do not ture and the Court to ensure that Defendants who engage in the illegal create two tiers of protection against unlawful and arbitrary seizure of sale of narcotics do not enrich themselves by engaging in the sale of private property by the police. All citizens of the United States and the illicit and dangerous narcotics by removing the profit motive. It is also Commonwealth are protected equally from an arbitrary and unreason- a legitimate government purpose to deter drug dealing by prohibiting able taking of their property6. The Court finds that the police seizure and defendants from spending or investing drug proceeds into other property ongoing possession of the items in this case was manifestly unreason- to raise their quality of life. Accordingly, forfeiting such drug money or able. drug money financed property is a legitimate government purpose, if When the taking of property from a criminal suspect has neither done consistent with due process and other legal precedent designed to evidentiary relevance to a case, nor nexus to a drug transaction or drug protect the rights of citizens accused of wrongdoing. money, the police are not only in violation of statute, but acting outside However, a lawful statute can be applied in a manner that is unlaw- of the law. Such police procedures are arbitrary and may comprise a ful in execution. This Court equally finds that the forfeiture statute, as form of pre-verdict punishment inflicted by the police, without judicial applied in this case by the Drug Task Force, was constitutionally imper- approval. The United States Supreme Court has recognized that when missible. Specifically, the actions of the police in this case constituted private property is lawfully seized pursuant to a forfeiture statue, then the illegal seizure of private property from citizens in an arbitrary man- that seizure is not a taking under the law. Bennis v. Michigan, 516 U.S. ner without due process. This seizure was conducted in violation of the 442, 452 (1996). As in this case, where private property is unlawfully United States Constitution protection against illegal seizure of property taken from a suspect and denied to him and his family, the rightful own- under the Fourth Amendment, as applied to the states through the Four- ers, for a period of years, the police have performed an unlawful “tak- teenth Amendment of the Constitution, as well as violating, Pennsylva- ing” of property under the law. If the police target drug suspects for this nia Constitution Article 1, Section 8, that protects Pennsylvania citizens disparate treatment, they are punishing a suspect who is still presumed from unreasonable seizure of their possessions5. to be innocent under the law. They are also inflicting punishment upon This case is being decided on the facts of this case alone. It is im- the lawful and bona fide owners of the property as well, who may be fac- portant to note, however, that overzealous forfeiture actions by the Drug ing no charges. Such punishment, imposed in the sole discretion of the Task Force in the time frame of this case have not been isolated in nature. police, is not supported by the law, and is in fact a violation of their duty Dozens of forfeiture actions are brought before this court each year. to protect the private property of all citizens of the Commonwealth. The While the property seized may vary from case to case, with some cases Superior Court has recently held that a property owner may not appeal involving automobile, firearms or other property, a disconcerting pattern a forfeiture of property until there is a final order in his criminal case. is evident that Drug Task Force officers seize big screen TV’s that are Commonwealth v. Bowers, 185 A.3d, 358 ( Pa. Super 2018). present in the property regardless of any link to drug money or illegal The potential consequences of police engaging in the overzealous activity. In addition, they disproportionately seize all game systems and seizure of private property may have detrimental second and third or- video games, present in the property. The decision as to which property der effects in criminal prosecutions. The seizure of personal property, to seize is driven, in the words of Detective S., by which property has without lawful authority, becomes a potential tool of coercion against resale value. The Drug Task Force does not seize furniture or clothing, suspects that was not in the legislature’s intent in passing the forfeiture silverware, or other items that have low resale value. (Tr. 25). They focus statute. When not restrained by the Courts, this can become a form of upon items that have high resale value. That is not a problem in itself, collateral financial coercion, which this Court will not tolerate. Luis until the police begin to ignore that there must be a nexus to drug dealing v. U.S., 136 S.Ct. 1083, 1086 (2016). An overbroad seizure of an indi- or drug money to seize those higher high value assets. This nexus is vidual’s property, without meeting the requirements or of the forfeiture essential, because property itself cannot be considered derivative con- statute, provides the police with undue leverage to potentially coerce traband merely because it is owned by or occasionally used by a crimi- suspects to become confidential informants in order to regain their fam- nal drug offender for legitimate purposes. Commonwealth v. One 1985 ily’s property that has been unlawful seized.7 Dark Blue Mercedes Benz Car, 571 A.2d 482 (Pa.Super. 1990). Objects Overbroad seizure of property further places potentially coercive do not acquire a “guilt by association” simply because they are owned influence upon plea negotiations and the voluntariness of pleas negoti- by someone engaged in criminal activity. Petition of Maglisco, 491 A.2d ated before the court. Commonwealth v. Forbes, 299 A.2d 268, 271 (Pa. 1381, 1385 (Pa.Super. 1985). In this case, the Drug Task Force person- 1973). When property has been improperly seized and withheld for an nel ignored the need for such a nexus and engaged in a shopping spree, unreasonable period of time, the choice to the defendant is no longer for the benefit of their budget, based solely on the property’s value. merely whether to accept a period of probation or incarceration, but the The Court finds the two televisions were seized solely because the added pressure is levied on the defendant to accept the deal in order Defendant was involved in drug sale activities and because he possessed to retrieve his or his families’ legitimate property, of which they have items of resale value (Tr. 20). There was no nexus. The Court finds that been possibly wrongly deprived. Where the property is highly valuable, the Task Force members knew or should have known there was no evi- or where the value of the property is substantial and the defendant is dence linking the televisions in any way to drug dealing or drug money. of modest means, the decision to enter into a plea might no longer be They seized the property solely because the Defendant was a drug dealer viewed by the Court as freely and voluntarily entered into, where it is and the property had resale value. There is no law to support such an built upon a foundation of financial coercion.8 arbitrary exercise of police power in violation of the Fourth Amendment This Court is not willing at this time, upon this record, to go so far as to the U.S. Constitution (as applied to the states through the Fourteenth to hold that the Drug Task Force has engaged in such coercive practices Amendment), as well as in violation of the Pennsylvania Constitution, regarding statements of pleas. This particular record does not reflect that Article 1, Section 8. such coercion has occurred in this Defendant’s guilty plea. However, in The Defendant in this case lives in a home in York County, with his the absence of reform and a greater demonstration of responsibility in girlfriend who had a job. The defense presented evidence during the future Drug Task Force practices, this issue will remain to be decided forfeiture hearing that the Defendant was regularly employed before his to the voluntariness of plea deals, questions of double jeopardy, and the arrest and conviction, and that the Defendant’s adult son resided in the personal or institutional liability/culpability of those officers who seize premises off and on during all dates relevant to the action. At no time private property unlawfully. related to this case did the police take, seek, or seize any financial record Finally, the Court also notes, in practical application, that as most of the Defendant to support their claim he could not legitimately afford forfeitures proceed after sentencing, and as a defendant does not have the televisions. The police did not seek to determine whether the elec- a right to be represented by legal counsel in a forfeiture action, many tronic devices had been purchased with drug proceeds or through bona defendants are incarcerated in prison at the time of their forfeiture action fide means. They did not seek to determine ownership of the items as without ready access to legal counsel to defend their interests. This cre- being belonging to the defendant solely, to his wife, or to his son. The ates a system where excesses in the exercise of police authority are not officers simply saw items of value that had a market resale value in a easily remedied. It is also a common practice that defendants are asked drug dealer’s home, and seized those items without a valid basis in law. to negotiate away their forfeiture claims as a condition of a reduced sen- The Defendant and his family were denied the use of the property tence in a pretrial negotiation with the prosecutor. for 2 ½ years, a period of time where the property had no evidentiary val- Accordingly, significant legal hurdles and disincentives are put in ue to the police, during which it depreciated in value, and during which the path of a defendant to assert a claim to their own bona fide property the Defendant’s family had to choose to buy replacement property, or to when it is seized contrary to law. Asserting such a claim to their own le- live 2 ½ years without access to their unlawfully seized property. gitimate property may cause the prosecutor to withdraw a plea offer, re- There is no dispute that the Defendant in this case is a bad actor. He sulting in extended incarceration. The absence of counsel may cause an COMMONWEALTH OF PENNSYLVANIA v. Gray 2004 Mercedes Benz CLK, PA LIC # BMORE C, VIN#WDBTJ65J04F074549 and all contents in vehicle, RED 1996 Dodge Neon, PA LIC JMV9768, VIN #IB3ES42C5TD646387 and all contents in vehicle, 4 $924.10 Cash, Phillips TV, Vizio TV, Amt .0380 Cal Pistol Ser # A70895, Black Safe unsophisticated or uninformed defendant to lose their claim to property, as they have exhausted their funds on legal representation in their underlying criminal matter. The systemic protections are meager. Accordingly, this Court will require hearings in all future forfeiture actions, to ensure com- pliance with the forfeiture statute’s intent. Taken in its entirety, the testimony of the officers in this case indicates that the police made the subjective assessment that the Defendant is too poor, absent drug dealing, to have nice possessions. This was nothing more than a hunch, unsupported by any investigative rigor, and clouded by an overzealous desire to forfeit the possessions. CONCLUSION

In regard to the two vehicles, the Commonwealth has not proven their case. The Defendant and his family owned four to five cars depending on whose testimony was presented. Two of the cars seized were the Dodge Neon and the 2004 Mercedes. No credible evidence was presented that the Defendant used any specific car for drug activity or that he used all of them. Counsel for the defense established that the police seized the two vehicles that had no liens on them, while leaving behind vehicles that either had liens or may have had liens. To forfeit a specific vehicle on this record would be nothing more than guessing, not a decision based on a preponderance of the evidence. Accordingly, there is no basis for the seizure of any vehicle from the Defendant. The vehicles will be returned to the custody of the Defendant or his designated family members and all cost of storage are placed upon the Commonwealth. The two televisions sets will be returned to the De- fendant or his designated representative in working condition within three days, as there was no lawful basis whatsoever to seize this property. The Clerk of Court is directed to serve a copy of this Opinion to the York County District Attorney, Korey Leslie, Esquire, Counsel for the De- fendant, and to the Defendant, Christopher Hawkins.

BY THE COURT:

______CRAIG T. TREBILCOCK., JUDGE

FOOTNOTES 1 There was no testimony during the hearing that distinguished the Neon/Mercedes from the Jeep/Ford Escape as far as connection to drug trafficking or drug money. 2 The Court had the opportunity to observe the demeanor of the witness as well as his level of certainty in his recollection of this statement, and concludes based upon this, as well as subsequent testimony from Detective F. that the Defendant made no such statement. In fact, the Defendant was scrupulously evasive at all times about what specific vehicles he used, if any, to support his drug dealing business. 3 This conclusion was later refuted by evidence and a stipulation presented later in the hearing that the Defendant was working until shortly before his arrest. 4 There is no violation of the Controlled Substance Act by a person taking a vehicle to Baltimore. It is up to the police to establish by preponderance of the evidence that the vehicle was taken to Baltimore for the purpose of an illicit drug purchase or other action contrary to law. Commonwealth v. 1992 Chevrolet, 844 A.2d 583 (Pa. Cmwlth 2004). In this case the police were not able to do that. 5 Constitutional protection against unreasonable government seizures of property existed in Pennsylvania more than fifteen years before promulgation of the Fed- eral Fourth Amendment to the U.S. Constitution. Commonwealth v. Sell, 504 Pa. 46, 63, 470 A.2d 457 (1983). 6 At this point, the scope of this opinion does not apply to the seizure of evidence or other property by the police that has evidentiary value to the investigation of a case. The police have broad discretion and authority to seize property pursuant to a search warrant that has probative value to prove or disprove the commission of a crime. That is not the issue at bar in this case. This case involves the seizure of property solely for forfeiture purposes. 7 The Court takes judicial notice that operating as a confidential informant is an inherently dangerous activity. 8 This is an issues that might impact the voluntariness of statements taken by the police as well. ______04.04-1t APRIL 4, 2019 YORK LEGAL RECORD 1 ESTATE NOTICES ESTATE OF THOMAS WILLARD GEISSER, ESTATE OF JOAN B. MILSTEN, DECEASED JR., DECEASED Late of Manchester Twp., York County, PA. Late of York County, PA. Administrator-Executor: Craig Milsten, c/o NOTICE IS HEREBY GIVEN that Administrator-Executor: Shelley Geisser, 945 Bellomo & Associates, LLC, 3198 East in the estates of the decedents set Ripple Dr., Hanover, PA 17331 04.04-3t Market Street, York, PA 17402 forth below the Register of Wills has Attorney: Bellomo & Associates, LLC, 3198 granted letters, testamentary or of ESTATE OF SIMONE ROYCE GOFFMAN, East Market Street, York, PA 17402 administration, to the persons named. DECEASED 04.04-3t All persons having claims or demands Late of Shrewsbury Borough, York County, PA. against said estates are required to Administrator-Executor: Allison S. ESTATE OF GENEVELYN L. MYERS, make known the same, and all persons Siegelman, c/o Bellomo & Associates, DECEASED indebted to said estate are requested LLC, 3198 East Market Street, York, PA Late of North Codorus Twp., York County, PA. 17402 Executrix: Christine P. Mummert, c/o Elinor to make payment without delay to the Attorney: Irene Sartalis, Esquire, Bellomo & Albright Rebert, Esquire, 515 Carlisle executors or administrators or their Associates, LLC, 3198 East Market Street, Street, Hanover, PA 17331 attorneys named below. York, PA 17402 04.04-3t Attorney: Elinor Albright Rebert, Esquire, 515 Carlisle Street, Hanover, PA 17331 FIRST PUBLICATION ESTATE OF FRANCES L. GROSS, 04.04-3t DECEASED ESTATE OF DOROTHY E. BAILEY Late of Dover Twp., York County, PA. ESTATE OF DANIEL M. PINDZOLA, a/k/a DOROTHY ELIZABETH BAILEY, Executor: Donna L. Stare, c/o The Hamme DECEASED DECEASED Law Firm, LLC, 1946 Carlisle Road, Late of Spring Garden Twp., York County, PA. Late of Springfield Twp., York County, PA. York, PA 17408 Executor: Jefferson Ander Pindzola, c/o Executor: Randy E. Bailey, Sr., c/o Laucks Attorney: Rachel Dodson Hamme, Esquire, Kearney Galloway Graybill, LLC, 940 & Laucks, PC, 105 West Broadway, Red The Hamme Law Firm, LLC, 1946 South Queen Street, York, PA 17403 Lion, PA 17356 Carlisle Road, York, PA 17408 04.04-3t Attorney: Jack L. Graybill II, Esquire, Attorney: David M. Laucks, Esquire, Kearney Galloway Graybill, LLC, 940 LAUCKS & LAUCKS, PC, 105 West ESTATE OF CARRIE L. GROVE, a/k/a South Queen Street, York, PA 17403 Broadway, Red Lion, PA 17356 04.04-3t CARRIE LUELLA GROVE, DECEASED 04.04-3t Late of Dover Twp., York County, PA. ESTATE OF JACOB A. BERKHEIMER, III, Co-Executors: Lance E. Grove and Victoria ESTATE OF THERESA M. STAUB a/k/a DECEASED E. Kells, c/o Stock and Leader, 221 West THERESA MARY STAUB, DECEASED Late of West Manchester Twp., York County, PA. Philadelphia Street, Suite 600, York, PA Late of Dover Twp., York County, PA. Administrator-Executor: Nancy Platts, 17401 Co-Executors: Melinda J. Mott and Bernard 4011Carlisle Road, Appt. A, Dover, PA Attorney: MacGregor J. Brillhart, Esquire, C. Staub, c/o 129 East Market Street, 17315 STOCK AND LEADER, Susquehanna York, PA 17401 Attorney: David Turocy, Esquire, Ream, Commerce Center East, 221 West Attorney: Suzanne H. Griest, Esquire, 129 Carr, Markey, Woloshin & Hunter LLP, 53 Philadelphia Street, Suite 600, York, PA East Market Street York, PA 17401 East Canal St., Dover, PA 17315 17401-2994 04.04-3t 04.04-3t 04.04-3t ESTATE OF ROBERT C. KEATON, ESTATE OF DARYL SCOTT STONER a/k/a ESTATE OF MARDELLA K. BOLTON, DECEASED D. SCOTT STONER, DECEASED DECEASED Late of Newberry Twp., York County, PA. Late of Newberry Twp., York County, PA. Late of York Twp., York County, PA. Executor: Jennifer Algoe Keaton, c/o Susan Administratrix: Cynthia A. Gavin, c/o 340 Executor: Grant D. Bolton, c/o 2025 E. H. Confair, Esquire, Reager & Adler, PC, Pine Grove Commons, York, PA 17403 Market Street, York, PA 17402 2331 Market Street, Camp Hill, PA 17011 Attorney: Robert Clofine, Esquire, Elder Attorney: Richard H. Mylin, III, Esquire, Attorney: Susan H. Confair, Esquire, Reager Law Firm of Robert Clofine, 340 Pine 2025 E. Market Street, York, PA 17402 & Adler, PC, 2331 Market Street, Camp Grove Commons, York, PA 17403 04.04-3t Hill, PA 17011 04.04-3t 04.04-3t

ESTATE OF MEARL R. BOYER, DECEASED ESTATE OF MIRIAM A. LEASE, DECEASED SECOND PUBLICATION Late of Penn Twp., York County, PA. Late of West Manchester Twp., York County, PA. Executrix: Kimberly A. Laughman, c/o Executor: Richard Dohm, c/o Richard R. ESTATE OF DAVID CASTILLO, DECEASED Elinor Albright Rebert, Esquire, 515 Reilly, Esquire, 54 North Duke Street, Late of Manchester Twp., York County, PA. Carlisle Street, Hanover, PA 17331 York, PA 17401-1210 Administrator: Cassandra R. Castillo, Attorney: Elinor Albright Rebert, Esquire, Attorney: Richard R. Reilly, Esquire, 54 c/o MPL LAW FIRM, LLP, 137 East 515 Carlisle Street, Hanover, PA 17331 North Duke Street, York, PA 17401-1210 Philadelphia Street, York, PA 17401-2424 04.04-3t 04.04-3t Attorney: John D. Miller, Jr., Esquire, MPL LAW FIRM, LLP, 137 East Philadelphia ESTATE OF MARY K. CORKLE, DECEASED ESTATE OF ARLENE M. LEIB, a/k/a Street, York, PA 17401-2424 03.28-3t Late of New Cumberland, York County, PA. ARLENE MAE LEIB and ARLENE LEIB, Executor: Linda DeAngelo, Wormleysburg, DECEASED ESTATE OF ROBERT GERALD EDDIS, PA Late of York City, York County, PA. DECEASED Attorney: Barbara Sumple-Sullivan, Esquire, Executrix: Diane M. Leib, 303 Stonegate Late of York Twp., York County, PA. 549 Bridge Street, New Cumberland, PA Road, York, PA 17408 Administrator-Executor: Daniel Robert 17070 04.04-3t Attorney: Terence J. Barna, Esquire, Zolin-Eddis, 76 Fox Run Dr., York, PA BENNLAWFIRM, 103 East Market 17403 03.28-3t ESTATE OF LINDA LEE FORSYTHE, Street, P.O. Box 5185, York, PA 17405- DECEASED 5185 04.04-3t ESTATE OF DONALD R. EVELER, Late of Springettsbury Twp., York County, PA. DECEASED Administrators: Chris A. Wolf and Craig E. ESTATE OF FRANCES W. MILLER, Late of Chanceford Twp., York County, PA. Wolf, c/o Elinor Albright Rebert, Esquire, DECEASED Executrix: Angela F. Eveler, c/o 340 Pine 515 Carlisle Street, Hanover, PA 17331 Late of West Manheim Twp., York County, PA. Grove Commons, York, PA 17403 Attorney: Elinor Albright Rebert, Esquire, Administrator-Executor: Robert W. Miller, Attorney: Robert Clofine, Esquire, Elder 515 Carlisle Street, Hanover, PA 17331 3176 Hanover Pike, Hanover, PA 17331 Law Firm of Robert Clofine, 340 Pine 04.04-3t 04.04-3t Grove Commons, York, PA 17403 03.28-3t 2 YORK LEGAL RECORD APRIL 4, 2019 ESTATE OF JAY MICHAEL FICKES a/k/a Attorney: Bradley J. Leber, Esquire, Blakey, ESTATE OF MIRIAM L. SHARP, DECEASED JAY M. FICKES, DECEASED Yost, Bupp & Rausch, LLP, 17 East Late of Conewago Twp., York County, PA. Late of Springettsbury Twp., York County, PA. Market Street, York, PA 17401 03.28-3t Administrator-Executor: Donna Santa Maria Administrator-Executor: Constance J. Fickes, & Patty Taylor, c/o 1215 Manor Drive, c/o Rinaldi & Poveromo, P.C., 520 Spruce ESTATE OF RONALD E. KELLER, Suite 202, Mechanicsburg PA 17055 St., Scranton, PA 18503 DECEASED Attorney: Kristen Snyder, Esquire, 1215 Attorney: Raymond C. Rinaldi, II, Esquire, Late of West Manchester Twp., York County, PA. Manor Drive, Suite 202, Mechanicsburg Rinaldi & Poveromo, P.C., 520 Spruce St., Administratrix: Patricia A. Kriegbaum, c/o PA 17055 03.28-3t Scranton, PA 18503 03.28-3t Richard R. Reilly, Esquire, 54 North Duke Street, York, PA 17401-1210 ESTATE OF AGNES S. SMITH a/k/a MARY ESTATE OF MARION E. FROCK, Attorney: Richard R. Reilly, Esquire, 54 AGNES SMITH, DECEASED DECEASED North Duke Street, York, PA 17401-1210 Late of Shrewsbury Twp., York County, PA. Late of Berwick Twp., Adams County, PA. 03.28-3t Executrix: Mary Daune Poklis, c/o 340 Pine Executor: Dennis A. Frock, c/o Elinor Grove Commons, York, PA 17403 Albright Rebert, Esquire, 515 Carlisle ESTATE OF LORRAINE E. MANIERI , Attorney: Robert Clofine, Esquire, Elder Street, Hanover, PA 17331 DECEASED Law Firm of Robert Clofine, 340 Pine Attorney: Elinor Albright Rebert, Esquire, Late of York Twp., York County, PA. Grove Commons, York, PA 17403 515 Carlisle Street, Hanover, PA 17331 Administratrix: Heather L. Valle-Arcilla, c/o 03.28-3t 03.28-3t Stock and Leader, 221 West Philadelphia Street, Suite 600, York, PA 17401 ESTATE OF JAMES G. SNEERINGER, JR., ESTATE OF DRINDA A. GIBSON, Attorney: MacGregor J. Brillhart, Esquire, DECEASED DECEASED STOCK AND LEADER, Susquehanna Late of Manheim Twp., York County, PA. Late of York City, York County, PA. Commerce Center East, 221 West Administrator-Executor: Thomas M. Executor: Seth W. Gibson, c/o Gregory H. Philadelphia Street, Suite 600, York, PA Sneeringer, 3806 Jenifer Street, NW, Gettle, Esquire, 13 E. Market St., York, PA 17401-2994 03.28-3t Washington, DC 20015 03.28-3t 17401 Attorney: Gregory H. Gettle, Esquire, ESTATE OF CAROL ANN MILLER, a/k/a ESTATE OF CHERYL LYNN SPADAFORA, GETTLE & VELTRI, 13 E. Market St., CAROL A. MILLER, a/k/a CAROL S. DECEASED York, PA 17401 03.28-3t MILLER, DECEASED Late of West Manchester Twp., York County, PA. Late of Franklin Twp., York County, PA. Administrator: Melissa A. Diehl, c/o Kearney ESTATE OF GERALDINE R. GLASS, Executor: John V. Miller, III, c/o Benn Law Galloway Graybill, LLC, 940 South DECEASED Firm, Wm. D. Schrack, III, of Counsel, Queen Street, York, PA 17403 Late of York Twp., York County, PA. 124 West Harrisburg Street, Dillsburg, PA Attorney: Jack L. Graybill II, Esquire, Co-Executors: Lorrie A. Boyer, Pamela E. 17019-1268 Kearney Galloway Graybill, LLC, 940 Noel, and John D. Glass, c/o Stock and Attorney: Benn Law Firm, Wm. D. Schrack, South Queen Street, York, PA 17403 Leader, 221 West Philadelphia Street, III, of Counsel, 124 West Harrisburg 03.28-3t Suite 600, York, PA 17401 Street, Dillsburg, PA 17019-1268 03.28-3t Attorney: Thomas M. Shorb, Esquire, ESTATE OF ALLEN D. STOVER a/k/a ALEN STOCK AND LEADER, Susquehanna ESTATE OF ANNA L. MILWAY a/k/a ANNA D. STOVER, DECEASED Commerce Center East, 221 West LEE MILWAY , DECEASED Philadelphia Street, Suite 600, York, PA Late of New Freedom Borough, York Late of Chanceford Twp., York County, PA. 17401-2994 03.28-3t County, PA. Executor: Nellie A. Wallace, c/o Scott A. Executor: Anna Marie Britton, c/o 135 North Ruth, Esq. 123 Broadway, Hanover, PA ESTATE OF MARIA D. HOWARD, George Street, York, PA 17401 17331 DECEASED Attorney: Craig S. Sharnetzka, Esquire, CGA Attorney: Scott A. Ruth, Esquire, 23 Late of York County, PA. Law Firm, PC, 135 North George Street, Broadway, Hanover, PA 17331 03.28-3t Executor: LuAnn Nuss Yañez, 412 York, PA 17401 03.28-3t Latshmere Dr., Harrisburg, PA 17109 ESTATE OF SUSAN E. VALENTI, Attorney: Laura C. Reyes Maloney, Esquire, ESTATE OF SUZANNE E. REBERT, DECEASED 1119 N. Front St., Harrisburg, PA 17102 DECEASED Late of Springettsbury Twp., York County, PA. 03.28-3t Late of Penn Twp., York County, PA. Administrator-Executor: Pamela S. Kincaid, Executor: Scott D. Rebert, c/o Elinor c/o Randall K. Miller, Esq., 1255 S. ESTATE OF NOURHAN KAILIAN, a/k/a Albright Rebert, Esquire, 515 Carlisle Market St., Suite 102, Elizabethtown PA NOURHAN K. KAILIAN, DECEASED Street, Hanover, PA 17331 17022 Late of Spring Garden Twp., York County, PA. Attorney: Elinor Albright Rebert, Esquire, Attorney: Randall K. Miller, Esquire, 1255 S. Executor: Keith Kailian, c/o Stock and 515 Carlisle Street, Hanover, PA 17331 Market St., Suite 102, Elizabethtown PA Leader, 221 West Philadelphia Street, 03.28-3t 17022 03.28-3t Suite 600, York, PA 17401 Attorney: Thomas M. Shorb, Esquire, ESTATE OF JUDITH HOPE ROSS a/k/a HOPE ESTATE OF MARY L. WEAVER, DECEASED STOCK AND LEADER, Susquehanna ROSS, DECEASED Late of Penn Twp., York County, PA. Commerce Center East, 221 West Late of Shrewsbury Twp., York County, PA. Executor: Kevin A. Weaver, c/o Elinor Philadelphia Street, Suite 600, York, PA Executrix: Stacey Minoglio, c/o Samuel A. Albright Rebert, Esquire, 515 Carlisle 17401-2994 03.28-3t Gates, Esq., Gates & Gates, P.C., 250 York Street, Hanover, PA 17331 Street, Hanover, PA 17331 Attorney: Elinor Albright Rebert, Esquire, ESTATE OF MARCIA E. KEENER, Attorney: Samuel A. Gates, Esquire, 515 Carlisle Street, Hanover, PA 17331 DECEASED Gates & Gates, P.C., 250 York Street, 03.28-3t Late of Dover Twp., York County, PA. Hanover, PA 17331 03.28-3t Administrator-Executor: Carol Strayer, 2351 ESTATE OF TREVA V. WITMER, Deep Hollow Road, Dover, PA 17315 ESTATE OF RICHARD BENJAMIN SEGUIN, DECEASED 03.28-3t DECEASED Late of Spring Garden Twp., York County, PA. Late of Springettsbury Twp., York County, PA. Executor: Richard Helfrick, III, c/o William ESTATE OF HORACE KEESEY, III, Execurix: Joan Marie Reger, c/o Gettle & B. Anstine, Jr., Esquire, Anstine & Sparler, DECEASED Veltri, 13 East Market Street, York, PA 117 East Market St., York, PA 17401 Late of West Manchester Twp., York County, PA. 17401 Attorney: William B. Anstine, Jr., Esquire, Co-Executors: Sallie H. K. Francis and Mark Attorney: Gregory E. Gettle, Esquire, Anstine & Sparler, 117 East Market St., L. Keesey, c/o Bradley J. Leber, Esquire, Gettle & Veltri, 13 East Market Street York, PA 17401 03.28-3t Blakey, Yost, Bupp & Rausch, LLP, 17 York, PA 17401 03.28-3t East Market Street, York, PA 17401 APRIL 4, 2019 YORK LEGAL RECORD 3 THIRD PUBLICATION Co-Executrices: Carol A. Lutz and Rebecca Market Street, York, PA 17401 L. Wolford, c/o Stock and Leader, 221 Attorney: Leo E. Gribbin, Esquire, Goldfein ESTATE OF DONALD E. BEAVERSON, West Philadelphia Street, Suite 600, York, and Joseph, P.C., 138 East Market Street, DECEASED PA 17401 York, PA 17401 03.21-3t Late of West Manchester Twp., York County, PA. Attorney: Ronald L. Hershner, Esquire, Executors: Mary Ann Beaverson and Jerry L. STOCK AND LEADER, Susquehanna ESTATE OF LEONARD JAMES WIRICK Beaverson, c/o 340 Pine Grove Commons, Commerce Center East, 221 West a/k/a LEONARD J. WIRICK , DECEASED York, PA 17403 Philadelphia Street, Suite 600, York, PA Late of West Manchester Twp., York County, PA. Attorney: Robert Clofine, Esquire, Elder Law 17401-2994 03.21-3t Executor: Kimberly Ann Jones, c/o P.O. Firm of Robert Clofine, 340 Pine Grove BOX 606, East Berlin. PA 17316 Commons, York, PA 17403 ESTATE OF JOANN S. MOUL, DECEASED Attorney: Sharon E. Myers, Esquire, CGA 03.21-3t Late of York Twp., York County, PA. Law Firm, PC, P.O. BOX 606, East Berlin. Co-Executrices: Jamie Moul and Julie Moul PA 17316 03.21-3t ESTATE OF MARIE B. BENNER, Gardner, c/o Eveler & DeArment LLP, DECEASED 2997 Cape Horn Rd., Suite A-6, Red Lion, ESTATE OF CHARLOTTE M. YOUNG, Late of North Codorus Twp., York County, PA. PA 17356 DECEASED Co-Executors: Melissa A. Renzulli and Mark Attorney: Eveler & DeArment LLP, 2997 Late of York City, York County, PA. A. Benner, c/o Richard R. Reilly, Esquire, Cape Horn Rd., Suite A-6, Red Lion, PA Executrix: Sandra J. Andrews, c/o Gettle & 54 North Duke Street, York, PA 17401- 17356 03.21-3t Veltri, 13 East Market Street, York, PA 1210 17401 Attorney: Richard R. Reilly, Esquire, 54 ESTATE OF THERESA L. ROCK, Attorney: Gregory E. Gettle, Esquire, North Duke Street, York, PA 17401-1210 DECEASED Gettle & Veltri, 13 East Market Street, 03.21-3t Late of North York Borough, York County, PA. York, PA 17401 03.21-3t Executrix: Patricia M. Rowbottom, c/o 340 ESTATE OF JERRY C. BERWAGER a/k/a Pine Grove Commons, York, PA 17403 JERRY CURTIS BERWAGER, DECEASED Attorney: Robert Clofine, Esquire, Elder Law Late of Hanover Borough, York County, PA. Firm of Robert Clofine, 340 Pine Grove Executor: Teresa Ann Riedel, 7 Two Taverns Commons, York, PA 17403 Road, Gettysburg, PA, 17325 and Sandra 03.21-3t ORPHAN’S COURT DIVISION Elizabeth Buchma, 200 Drummer Drive, AUDITING NOTICE New Oxford, PA, 17350 ESTATE OF SANDRA L. SECHRIST, Attorney: Arthur J. Becker, Jr., Esquire, DECEASED Late of York Twp., York County, PA. Becker Law Group, P.C., 529 Carlisle To All legatees creditors and person interested: Street, Hanover, PA 17331 03.21-3t Executrix: Beth A. Shaw, c/o Richard R. Reilly, Esquire, 54 North Duke Street, Notice is hereby given that the following accounts have been filed in the office of the Clerk ESTATE OF ARLENE BOLTON, a/k/a York, PA 17401-1210 Attorney: Richard R. Reilly, Esquire, 54 of Orphans’ Court Division for confirmation ARLENE J. BOLTON, DECEASED and distribution of the balance therein shown Late of York City, York County, PA. North Duke Street, York, PA 17401-1210 03.21-3t to the creditors, legatees next to kin, heirs and Executrix: Ida Berkheimer, c/o Stock and others legally entitled thereto on April 10, Leader, 221 West Philadelphia Street, 2019 at 9:00 a.m. and will be called in the order Suite 600, York, PA 17401 ESTATE OF FAYE H. STAMBAUGH, DECEASED named for audit and distribution by said Court, Attorney: MacGregor J. Brillhart, Esquire, in Courtroom No. 7003, on the 7th floor of the STOCK AND LEADER, Susquehanna Late of Hanover Borough, York County, PA. Executor: Jonathan Ingram, c/o 118 Carlisle York County Judicial Center at 45 North Commerce Center East, 221 West George St. in the City of York, Pennsylvania. Philadelphia Street, Suite 600, York, PA St. Ste. 202, Hanover, PA 17331 17401-2994 03.21-3t Attorney: Donald W. Dorr, Esquire, 118 Carlisle St. Ste. 202, Hanover, PA 17331 1. HOUSE – The First and Final Account of Anthony D. House, Administrator of the ESTATE OF JOANN R. HARTMAN, 03.21-3t DECEASED Estate of Ertha L. House, Late of York City, Late of Spring Garden Twp., York County, PA. ESTATE OF NORMA J. STERNER, a/k/a York County, Pennsylvania, deceased, 6718- Executor: Stewart E. Hartman, Jr., c/o 135 NORMA J. SMITH , DECEASED 0346. (Rand A. Feder, Esq.) North George Street, York, PA 17401 Late of Springettsbury Twp., York County, PA. Attorney: Timothy Bupp, Esquire, CGA Law Executor: Jon L. Sterner, 75 Bridlewood 2. GUTZWEILER – The First and Final Firm, PC, 135 North George Street, York, Way, B 32, York, PA 17402 03.21-3t Account of Martin W. Gutzweiler, Cassandra PA 17401 03.21-3t E. Kimnach, and Maureen B. Gutzweiler, ESTATE OF HELEN F. STILES, DECEASED Co-Executors of the First and Final Account ESTATE OF MARY L. HERSEY, DECEASED Late of Windsor Twp., York County, PA. of Martin J. Gutzweiler a/k/a Martin James Late of York Twp., York County, PA. Executor: Ronald Barry Stiles, c/o Paul G. Gutzweiler, Late of Fairview Township, York Executrix: Sandra Stambaugh, 155 Country Lutz, Esquire, 110 South Northern Way, County, Pennsylvania, deceased, 6718-1124. Club Road, Red Lion, PA 17356 York, PA 17402 (J. Diane Brannon-Nordtomme, Esq.) Attorney: Clayton A. Lingg, Esquire, Attorney: Paul G. Lutz, Esquire, 110 South MOONEY & ASSOCIATES, 230 York Northern Way, York, PA 17402 03.21-3t Street, Hanover, PA 17331 03.21-3t FILED IN THE OFFICE OF THE CLERK ESTATE OF DAVID J. SWIFT, DECEASED OF ORPHANS’ COURT DIVISION OF ESTATE OF BETTY M. HOOVER, Late of Wrightsville Borough, York County, PA. THE COMMON PLEAS COURT, YORK DECEASED Administrator-Executor: Christina Leiphart, COUNTY, PENNSYLVANIA ON OR Late of York County, PA. c/o Russell, Krafft & Gruber, LLP, 930 BEFORE MARCH 13, 2019. Administrator-Executor: Charles L. Hoover Red Rose Court, Suite 300, Lancaster, PA & John M. Hoover, c/o Bellomo & 17601 Associates, 3198 East Market Street, Attorney: Russell, Krafft & Gruber, LLP, 930 York, PA 17402 Red Rose Court, Suite 300, Lancaster, PA Attorney: Betty Hoover, Esquire, Bellomo & 17601 03.21-3t BRADLEY C. JACOBS Associates, 3198 East Market Street, York, COURT OF COMMON PLEAS OF PA 17402 03.21-3t ESTATE OF B. MARIE WALKER, a/k/a YORK COUNTY, PENNSYLVANIA, BESSIE MARIE WALKER, DECEASED ORPHANS’ COURT DIVISION ESTATE OF LOIS A. MANIFOLD, Late of Jacobus Borough, York County, PA. DECEASED Executrix: Brenda Elaine Snyder, c/o 03.28-2t Late of York Twp., York County, PA. Goldfein and Joseph, P.C., 138 East 4 YORK LEGAL RECORD APRIL 4, 2019 NOTICE OF ACTION IN IN THE COURT OF COMMON PLEAS OF CIVIL NOTICES MORTGAGE FORECLOSURE YORK COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN THE COURT OF COMMON NO. 2019-SU-000201 PLEAS OF YORK COUNTY, PA NOTICE OF ACTION IN ACTION IN MORTGAGE CIVIL ACTION - LAW MORTGAGE FORECLOSURE FORECLOSURE PennyMac Loan Services, LLC, Plaintiff vs. PENNSYLVANIA HOUSING FINANCE Holly Aughinbaugh, Defendant AGENCY, To: Holly Aughinbaugh, Defendant, whose last Court of Common Pleas PLAINTIFF known addresses are 138 W. Jackson Street, York County Spring Grove, PA 17362 and 222 John Street, Civil Action – Law VS. Hanover, PA 17331. No. 2018-SU-001474 COMPLAINT IN MORTGAGE Notice of Action in Mortgage Foreclosure MICHELLE D. BAXTER, FORECLOSURE M&T Bank, Plaintiff vs. Patricia Arosemena, DEFENDANT You are hereby notified that Plaintiff, PennyMac Solely in Her Capacity as Heir of Luther Ness Loan Services, LLC, has filed a Mortgage Wallick, Deceased, Tana M. Hack, as Executrix MORTGAGE FORECLOSURE Foreclosure Complaint endorsed with a Notice of the Estate of Luther Ness Wallick, Deceased, NO. 2018 SU 003355 to Defend, against you in the Court of Common James Wallick, Solely in His Capacity as Heir Pleas of York County, PA, docketed to NO. of Luther Ness Wallick, Deceased & Robert TO: MICHELLE D. BAXTER 2019-SU-000201, wherein Plaintiff seeks to Wallick, Solely in His Capacity as Heir of foreclose on the mortgage secured on your Luther Ness Wallick, Deceased, You are hereby notified that on December property located, 222 John Street, Hanover, PA Mortgagor and Real Owner, Defendants 18, 2018, the Plaintiff, PENNSYLVANIA 17331, whereupon your property would be sold To: James Wallick, Solely in His Capacity HOUSING FINANCE AGENCY, filed a by the Sheriff of York County. NOTICE: YOU as Heir of Luther Ness Wallick, Deceased, Mortgage Foreclosure Complaint endorsed with HAVE BEEN SUED IN COURT. If you wish to Mortgagor and Real Owner, Defendant, whose a Notice to Defend against you in the Court of defend against the claims set forth in the notice last known address is 1301 East King Street, Common Pleas of York County, Pennsylvania, above, you must take action within twenty (20) Spring Garden, PA 17403. This firm is a debt docketed to No. 2018 SU 003355, wherein days after this Complaint and Notice are served, collector and we are attempting to collect Plaintiff seeks to foreclose it’s mortgage by entering a written appearance personally or a debt owed to our client. Any information securing your property located at 214 North by attorney and filing in writing with the Court obtained from you will be used for the purpose Albemarle Street, York, PA 17403, whereupon your defenses or objections to the claims set of collecting the debt. You are hereby notified your property would be sold by the Sheriff of forth against you. You are warned that if you that Plaintiff, M&T Bank, has filed a Mortgage York County. fail to do so the case may proceed without you Foreclosure Complaint endorsed with a notice You are hereby notified to plead to the above and a judgment may be entered against you by to defend against you in the Court of Common referenced Complaint on or before 20 DAYS the Court without further notice for any money Pleas of York County, PA, docketed to No. 2018- from the date of this publication or a Judgment claimed in the Complaint or for any other SU-001474, wherein Plaintiff seeks to foreclose will be entered against you. claim or relief requested by the Plaintiff. You on the mortgage secured on your property may lose money or property or other rights located, 1301 East King Street, Spring Garden, NOTICE important to you. YOU SHOULD TAKE THIS PA 17403, whereupon your property will be You have been sued in Court. If you wish PAPER TO YOUR LAWYER AT ONCE. IF sold by the Sheriff of York County. Notice: You to defend, you must enter a written appearance YOU DO NOT HAVE A LAWYER GO TO have been sued in court. If you wish to defend personally or by attorney, and file your defenses OR TELEPHONE THE OFFICE SET FORTH against the claims set forth in the following or objections in writing with the Court. You are BELOW. THIS OFFICE CAN PROVIDE pages, you must take action within twenty (20) warned that if you fail to do so, the case may YOU WITH THE INFORMATION ABOUT days after the Complaint and notice are served, proceed without you and a Judgment may be HIRING A LAWYER. IF YOU CANNOT by entering a written appearance personally or entered against you without further notice for AFFORD TO HIRE A LAWYER, THIS by attorney and filing in writing with the court the relief requested by the Plaintiff. You may lose money or property or other rights important OFFICE MAY BE ABLE TO PROVIDE YOU your defenses or objections to the claims set WITH INFORMATION ABOUT AGENCIES forth against you. You are warned that if you to you. YOU SHOULD TAKE THIS NOTICE TO THAT MAY OFFER LEGAL SERVICES fail to do so the case may proceed without you TO ELIGIBLE PERSONS AT A REDUCED and a judgment may be entered against you by YOUR LAWYER AT ONCE. IF YOU DO the Court without further notice for any money NOT HAVE A LAWYER, TELEPHONE THE FEE OR NO FEE. LAWYERS REFERRAL claimed in the Complaint for any other claim or OFFICE BELOW TO FIND OUT WHERE SERVICE, 137 E. Market St., York, PA 17401, relief requested by the Plaintiff. You may lose YOU CAN GET LEGAL HELP. 717.854.8755. Jill Manuel-Coughlin, Amanda money or property or other rights important to IF YOU CANNOT AFFORD TO HIRE A L. Rauer, Jolanta Pekalska, Harry B. Reese & you. You should take this paper to your lawyer LAWYER, THIS OFFICE MAY BE ABLE Matthew J. McDonnell, Attys. for Plaintiff, at once. If you do not have a lawyer or cannot TO PROVIDE YOU WITH INFORMATION Powers Kirn, LLC, 8 Neshaminy Interplex, Ste. afford one, go to or telephone the office set ON AGENCIES THAT MAY OFFER LEGAL 215, Trevose, PA 19053, 215.942.2090. forth below. This office can provide you with SERVICES TO ELIGIBLE PERSONS AT A information about hiring a lawyer. If you cannot REDUCED FEE OR NO FEE. 04.04-1t Solicitor afford to hire a Lawyer, this office may be able to provide you with information about agencies YORK COUNTY BAR ASSOCIATION that may offer legal services to eligible persons 137 East Market Street at a reduced fee or no fee. Lawyer Referral York, PA 17401 NOTICE OF ACTION IN Service of The York County Bar Assn. (Atty. (717) 854-8755, EXT. 201 MORTGAGE FORECLOSURE Connections), York County Bar Center, 137 E. Market St., York, PA 17401, 717.854.8755. Leon P. Haller, Esquire IN THE COURT OF COMMON Michael T. McKeever, Atty. for Plaintiff, KML Attorney ID #15700 PLEAS OF YORK COUNTY, PA Law Group, P.C., Ste. 5000, BNY Independence 1719 North Front Street CIVIL ACTION - LAW Center, 701 Market St., Phila., PA 19106, Harrisburg, PA 17102 215.627.1322. 717-234-4178 U.S. BANK NATIONAL ASSOCIATION 1 AS TRUSTEE FOR THE PENNSYLVANIA 04.04-1t Solicitor HOUSING FINANCE AGENCY, 04.04-1t Solicitor PLAINTIFF

VS.

APRIL 4, 2019 YORK LEGAL RECORD 5 ANEESAH R. JAMISON CIVIL ACTION – LAW & EQUITY DEFENDANT CLEAVER MAYFIELD, LLC MORTGAGE FORECLOSURE Plaintiff NO. 2019 SU 000083 v. ARTICLES OF INCORPORATION TO: ANEESAH R. JAMISON NON-PROFIT CORPORATION HIAWATHA GRIGGS POWELL You are hereby notified that on January 11, Defendant. 2019, the Plaintiff, U.S. BANK NATIONAL NOTICE is hereby given that Articles of ASSOCIATION AS TRUSTEE FOR THE NOTICE OF PRAECIPE TO ENTER Incorporation - Nonprofit were filed with the PENNSYLVANIA HOUSING FINANCE JUDGMENT BY DEFAULT Department of State of the Commonwealth AGENCY, filed a Mortgage Foreclosure of Pennsylvania at Harrisburg, Pennsylvania, Complaint endorsed with a Notice to Defend To: Hiawatha Griggs Powell on February 19, 2019, for Bridgeview against you in the Court of Common Pleas of 22634 Hickory Hill Square, #318 Homeowners Association, Inc. The said non- York County, Pennsylvania, docketed to No. Ashburn, Virginia 20148 profit corporation has been organized under the 2019 SU 000083, wherein Plaintiff seeks to provisions of the Nonprofit Corporation Law of foreclose it’s mortgage securing your property Date of Notice: December 13, 2018 1988. located at 430 North Pershing Avenue, York, PA 17401 whereupon your property would be sold IMPORTANT NOTICE BLAKEY, YOST, BUPP & RAUSCH, LLP by the Sheriff of York County. Pursuant to PA RCP 237.1(a)(2) John J. Baranski, Jr., Esquire You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS YOU ARE IN DEFAULT BECAUSE YOU 04.04-1t Solicitor from the date of this publication or a Judgment HAVE FAILED TO ENTER A WRITTEN will be entered against you. APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING NOTICE WITH THE COURT YOUR DEFENSES NOTICE is hereby given that Articles of You have been sued in Court. If you wish OR OBJECTIONS TO THE CLAIMS SET Incorporation were filed with the Department to defend, you must enter a written appearance FORTH AGAINST YOU. UNLESS YOU of State, Commonwealth of Pennsylvania, on personally or by attorney and file your defenses ACT WITHIN TEN DAYS FROM THE DATE March 4, 2019, By Keith Mitzel Ministries, or objections in writing with the Court. You are OF THIS NOTICE, A JUDGMENT MAY BE a Pennsylvania nonprofit corporation, with its warned that if you fail to do so, the case may ENTERED AGAINST YOU WITHOUT A registered office at 555 Deagen Rd., Hanover, proceed without you and a Judgment may be HEARING AND YOU MAY LOSE YOUR York County, Pennsylvania, pursuant to the entered against you without further notice for PROPERTY OR OTHER IMPORTANT provisions of Article VII of the Nonprofit the relief requested by the Plaintiff. You may RIGHTS. Corporation Law of the Commonwealth of lose money or property or other rights important Pennsylvania, as amended. to you. YOU SHOULD TAKE THIS PAPER YOU SHOULD TAKE THIS NOTICE TO TO YOUR LAWYER AT ONCE. IF YOU EVELER & DeARMENT LLP YOUR LAWYER AT ONCE. IF YOU DO DO NOT HAVE A LAWYER, GO TO OR Solicitors NOT HAVE A LAWYER, TELEPHONE THE TELEPHONE THE OFFICE SET FORTH OFFICE BELOW TO FIND OUT WHERE BELOW. THIS OFFICE CAN PROVIDE YOU 04.04-1t Solicitor YOU CAN GET LEGAL HELP. WITH INFORMATION ABOUT HIRING A IF YOU CANNOT AFFORD TO HIRE A LAWYER. LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION IF YOU CANNOT AFFORD TO HIRE A Notice is hereby given that Articles of Incor- ON AGENCIES THAT MAY OFFER LEGAL LAWYER, THIS OFFICE MAY BE ABLE poration were filed with the Department of State SERVICES TO ELIGIBLE PERSONS AT A TO PROVIDE YOU WITH INFORMATION of the Commonwealth of Pennsylvania at Har- REDUCED FEE OR NO FEE. ABOUT AGENCIES THAT MAY OFFER risburg, Pennsylvania, on March 13, 2019, for a LEGAL SERVICES TO ELIGIBLE PERSONS proposed nonprofit corporation to be known as: YORK COUNTY BAR ASSOCIATION AT A REDUCED FEE OR NO FEE 137 East Market Street RUTTER’S CHILDREN’S York, PA 17401 LAWYER REFERRAL SERVICE OF THE CHARITIES, INC. (717) 854-8755, EXT. 201 YORK COUNTY BAR ASSOCIATION (ATTORNEY CONNECTIONS) formed pursuant to the provisions of the Non- Leon P. Haller, Esquire YORK COUNTY BAR CENTER profit Corporation Law of 1988, 15 Pa. C.S. Attorney ID #15700 137 EAST MARKET STREET Section 5306, et seq. 1719 North Front Street YORK, PENNSYLVANIA 17401 The proposed nonprofit corporation is orga- Harrisburg, PA 17102 TELEPHONE: (717) 854-8755 nized exclusively for Charitable, educational 717-234-4178 and scientific purposes as defined in Section CGA Law Firm 501(c)(3) of the Internal Revenue Code. In 04.04-1t Solicitor furtherance of its purposes, the corporation may exercise all rights, privileges, powers and ______authority of a corporation organized under the Stephen R. McDonald, Esquire Nonprofit Corporation Law of 1988, as amend- PA 310319 ed. CGA Law Firm 135 North George Street BARLEY, SNYDER LLP ACTION TO QUIET TITLE York, Pennsylvania 17401 Attorneys Telephone: (717) 848-4900 Facsimile: (717) 843-9039 04.04-1t Solicitor IN THE COURT OF COMMON [email protected] PLEAS OF YORK COUNTY Counsel for Plaintiff CIVIL ACTION – LAW & EQUITY Dated:______Docket No.: 2018-CV-1603 04.04-1t Solicitor ACTION TO QUIET TITLE 6 YORK LEGAL RECORD APRIL 4, 2019 Date 02/19/2019 pursuant to the Fictitious York County Bar Association Names Act, Act 1982-295. The name and 137 E. Market St. address of the person who is a party to the York, PA 17401 registration is Passiflora Intuitive Designs LLC, (717) 854-8755 100 Ducktown Rd., Hellam, PA 17406. CHANGE OF NAME 04.04-1t Solicitor 04.04-1t Solicitor

IN THE COURT OF COMMON PLEAS OF IN THE COURT OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA Notice is hereby given a certificate was or will YORK COUNTY, PENNSYLVANIA be filed under the Fictitious Name Act approved CIVIL DIVISION NOTICE is hereby given that on March 11, May 24, 1945 in the Office of the Secretary of 2019 a petition for change of name was filed the Commonwealth of Pennsylvania, setting Civil Action No. in the Court of Common Pleas, requesting a forth that Regan E. Bitler, 54 E. Elm Avenue, decree to change the name of: Angela Dawn Hanover, PA 17331, are the only person(s) Beharry to: Angela Dawn Wilson. owning or interested in a business, the character The Court has fixed the day of May 31, 2019 at of which is: selling gourd art and art supplies PENNSYLVANIA STATE EMPLOYEES 2:30 pm in Courtroom 5004 at the York County and tools used in the instruction of gourd art, CREDIT UNION Judicial Center, as the time and place for the and that the name, style and designation under Plaintiff hearing on said petition when and where all which said business is and will be conducted persons interested may appear and show cause, is: Godahavom Gourds and the location where vs. if any they have, why the prayer of the said said business is and will be located is: 54 E. petitioner should not be granted. Elm Avenue, Hanover, PA 17331. RUSSELL P. BARA Defendant 04.04-1t Solicitor 04.04-1t Solicitor NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 IN THE COURT OF COMMON PLEAS OF YOU HAVE BEEN SUED IN COURT. If YORK COUNTY, PENNSYLVANIA you wish to defend against the claims set forth in the following pages, you must take action NOTICE is hereby given that on March 11, NOTICE within twenty (20) days after this complaint 2019 a petition for change of name was filed and notice are served, by entering a written in the Court of Common Pleas, requesting a appearance personally or by an attorney and decree to change the name of: David Lawrence filing in writing with the court your defenses or Beharry to: David Lawrence. NOTICE objections to the claims set forth against you. The Court has fixed the day of May 31, 2019 at You are warned that if you fail to do so the case 3:00 pm in Courtroom 5004 at the York County To the unknown father of Alexus Swords, age may proceed without you and a judgment may be Judicial Center, as the time and place for the 14: entered against you by the court without further hearing on said petition when and where all notice for any money claimed in the complaint persons interested may appear and show cause, On August 1, 2018, an action in custody or for any other claim or relief requested by the if any they have, why the prayer of the said commenced in the Court of Common Pleas of plaintiff. You may lose money or property or petitioner should not be granted. York County at 2018-FC-1569-03 relating to the other rights important to you. custody of the above-referenced individual. A 04.04-1t Solicitor custody conciliation is currently scheduled for YOU SHOULD TAKE THIS PAPER TO April 18, 2019 at 2:00 P.M. in Hearing Room YOUR LAWYER AT ONCE. OF YOU DO 4011 of the York County Judicial Center located NOT HAVE A LAWYER OR CANNOT at 45 N. George St., York, PA 17401. AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND You have been sued in Court. If you wish OUT WHERE YOU CAN GET LEGAL HELP. to defend, you must enter a written appearance FICTITIOUS NAME personally or by attorney and file your defenses IF YOU CANNOT AFFORD TO HIRE A or objections in writing with the court. You are LAWYER, THIS OFFICE MAY BE ABLE warned that if you fail to do so the case may TO PROVIDE YOU WITH INFORMATION Notice is hereby given a certificate was or will proceed without you and a judgment may be ON AGENICES THAT MAY OFFER LEGAL be filed under the Fictitious Name Act approved entered against you without further notice for SERVICES TO ELIGIBLE PERSONS AT A May 24, 1945 in the Office of the Secretary of the relief requested by the plaintiff. You may REDUCED FEE OR NO FEE. the Commonwealth of Pennsylvania, setting lose money or property or other rights important forth that Alley Laser Art/Andrew Rodemaker, to you. LAWYER REFERRAL SERVICE OF THE are the only person(s) owning or interested in York County Bar Association a business, the character of which is: Metal YOU SHOULD TAKE THIS PAPER York County Bar Center Fabrication, and that the name, style and TO YOUR LAWYER AT ONCE. IF YOU 137 East Market Street designation under which said business is and DO NOT HAVE A LAWYER, GO TO OR York, PA 17401 will be conducted is: Dillsburg, PA and the TELEPHONE THE OFFICE SET FORTH (717) 854-8755 location where said business is and will be BELOW. THIS OFFICE CAN PROVIDE YOU located is: PO Box 106, Dillsburg, PA 17019. WITH INFORMATION ABOUT HIRING A Effective September 1, 2003 Complaint LAWYER. EN LA CORTE DE ALEGATOS 04.04-1t Solicitor IF YOU CANNOT AFFORD TO HIRE A COMÚN DEL CONDADO DE YORK, LAWYER, THIS OFFICE MAY BE ABLE PENNSYLVANIA TO PROVIDE YOU WITH INFORMATION DIVISIÓN CIVIL ABOUT AGENCIES THAT MAY OFFER An application for registration of the fictitious AVISO PARA DEFENDER name Bio Logic Builders, 100 Ducktown LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Conforme a PA RCP Núm. 1018.1 Rd., Hellam, PA 17406 has been filed in the USTED HA SIDO DEMANDADO/A EN Department of State at Harrisburg, PA, File LA CORTE. Si usted desea defender conta APRIL 4, 2019 YORK LEGAL RECORD 7 la demanda puestas en las siguientes páginas, usted tienen queo tomar acción dentro veinte (2) días después que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o po un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contract usted por la Corte sin más aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ÉSTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELÉFONA LA OFICINA FIJADA AQUÍ ABAJO. ESTA OFICINA PUEDE PROVEERÉ CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ÉSTA OFICINA PUEDE New PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER Confidential SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyers’ Helpline SERVICIO DE REFERIDO A ABOGADO COLEGIO DE ABOGADOS DEL CONDADO DE YORK ABOGACIA DEL CONDADO DE YORK Alcohol, Drugs, CALLE MARKET#137 ESTE YORK, PENNSYLVANIA 17401 TELEFONO: (717) 854-8755 Gambling, Stress, 04.04-1t Solicitor Depression, Anxiety

1-888-999-1941

Call for a free consultation. 8 YORK LEGAL RECORD APRIL 4, 2019

Do You Know Your Client’s Date of Marriage?

Lynnore K. Seaton, Esquire

What is your date of marriage? This may not be easy for one to answer, particularly for same-sex couples.

In Obergefell v Hodges, 135 S. Ct. 2584 (2015), the U.S. Supreme Court ruled that bans on same-sex marriage are unconstitutional. This ruling actually led to more questions than answers though in some areas of law. One issue is how to determine the proper date of marriage for same sex couples, who were married before the ban was lifted.

Unfortunately for some couples, marriage leads to divorce. One of the first questions that must be answered in a divorce is - what is the date of marriage? While some people may initially struggle to remember it, it is usually a date that is easily agreed upon because a marriage certificate usually exists. Additionally, since common-law marriage was abolished in Pennsylvania in 2005, there are fewer arguments that a common law marriage existed. The date of marriage is critical though, as marital assets are (generally) those that are acquired by the parties from their date of marriage until the date of separation. The length of the marriage is also a consideration when determining alimony.

For same sex couples who were married before the ban was lifted, this “easy” question may be complicated. Is their date of marriage the same date as the Obergefell opinion? Is it the day the couple married, or entered into a civil union, even if it was before same-sex marriage was legal in their state? Many same-sex couples established common law marriages before Obergefell. Can a same-sex couple be “common law married” if their state had a ban on same sex marriage?

The Pennsylvania Superior Court examined that very question in In re: Estate of Stephen Carter. (No. 1126 WDA 2016.) Stephen Carter and his partner, Michael Hunter met in 1996. On Christmas Day, in 1996, Mr. Hunter proposed to Mr. Carter and gave him a ring. Mr. Carter gave Hunter a ring on February 18, 1997, and the two celebrated their anniversary every year thereafter on February 18. They lived as a married couple, with a joint mortgage, wills, etc, until Mr. Carter died in 2013. In 2016, Mr. Hunter, petitioned for a declaration of marriage as part of processing the estate. Same-sex marriage was not legal in Pennsylvania until a year after Carter’s death and common law marriage had been outlawed in Pennsylvania since 2005. Nevertheless, Mr. Hunter was asking the court to recognize their relationship as a same-sex common law marriage.

Many people still believe that common law marriage is established by living together for a set period of time, but this was never the requirement in Pennsylvania. There are actually two tests: the first test is for divorce or marriage cases, and both parties are living and able to testify; the second test is for estate cases, where one of the potential spouses has died and therefore not available to confirm or deny the allegation of a common law marriage. The first test requires proof that there was a present tense exchange of vows. In Carter, the court applied the second test where there is a rebuttable presumption of a common law marriage, if evidence shows cohabitation and reputation of marriage.

Hunter and Carter’s relationship met all the requirements of cohabitation and reputation of marriage; therefore, their common law marriage was established. The final question for the court was whether this marriage was legal in light of the ban on same sex marriage at the time the men exchanged rings. Since Obergefell confirmed that all state and federal bans on same sex marriage were unconstitutional, it is as if the bans never existed, unless the court specifically states otherwise. In light of this, the court confirmed that Mr. Carter and Mr. Hunter were married in 1997 and at the time of Hunter's death in 2013.

The establishment of a common law marriage can also affect a variety of other areas, including federal benefits (social security spousal benefit is available to spouses married for at least ten years) and income tax filing status, as well as the appropriate amount of estate taxes that must be paid by the surviving spouse. Common law marriage may also play a role in the outcome of personal injury cases (loss of consortium claim) and same-sex common law marriage may also benefit children, by protecting their inheritance rights and preserving the parent-child relationship in custody matters.

The intersection of same-sex marriage and common law marriage will have many benefits for couples. It will also create some sticky situations, particularly for those who are divorcing.

References: Obergefell v Hodges, 135 S. Ct. 2584 (2015); In re: Estate of Stephen Carter. (No. 1126 WDA 2016.); and https://www.jurist.org/commentary/2017/09/julie-colton-obergefell-common-law. APRIL 4, 2019 YORK LEGAL RECORD 9

OFFICE SPACE AVAILABLE

East York law office with up to six offices (total of 680 sq. ft.) and two work stations (total of 112 sq. ft.) available for lease. Full- time receptionist, three

shared conference/meeting rooms, fully equipped shared lunch room, WiFi and ample free parking provided. Some furnishings available. Contact Shirley at 717-757-7602 or

[email protected].

Size: 2.25w x 4.75h LOOKING FOR ESTATE NOTICES

OR OTHER LEGAL NOTICES REQUIRING PUBLICATION IN A PA LEGAL JOURNAL?

Go to www.palegalads.org

This FREE site allows you to search statewide to determine whether a specific legal notice has been published. PBI LIVE AT THE BAR CENTER

TITLE: SUCCESSFUL REAL ESTATE DEVELOPMENT PROJECTS

LOCATION: YORK COUNTY BAR CENTER, 137 EAST MARKET ST, YORK PA

DATE: WEDNESDAY, APRIL 10, 2019

TIME: REGISTRATION: 8:30 AM PROGRAM: 9:00PM-4:00PM

CREDIT: 5 hours substantive and 1 hour ethics credits

How can you help your clients convert an idea or vision into a successful real estate development? What risks should your client be prepared for, and how do you manage those risks? What do you need to know to give legal advice to a land owner, real estate professional, entrepreneur or developer client who wishes to build and own a retail center, apartment complex, office building or some other real estate project? This course will explore not only the “how” but the “who,” “what,” “where” and “why” for developing commercial real estate. Join us as our experienced faculty share their insiders’ information. These legal professionals will guide you through a step by step process for understanding and solving the legal issues. They will provide you with answers to the important questions about the planning, negotiations, agreements and contracts and pinpoint legal strategies for successfully getting a real estate development project financed, built, sold or leased, managed and open. ------PLEASE REGISTER DIRECTLY WITH THE PENNSYLVANIA BAR INSTITUTE** Tuition: Member - $279 / $140 Non-member- $279 (if admitted after 1/1/14) SEMINAR TITLE LOCATION DATE TUITION Successful Real Estate Development York County Bar Center 4/10/2019 $______Projects

YORK COUNTY BAR FOUNDATION 137 East Market Street, York, PA 17401 Telephone: (717) 854-8755 Fax: (717) 843-8766 email: [email protected]

You are invited to attend the York County Bar Foundation 2019 Law Day Luncheon

Wednesday, May 1, 2019 12:00 Noon at the Valencia (142 N. George St., York, PA 17401)

Law Day 2019 prompts us to listen to the voices of young people and consider how the law can better serve their needs and interests. It also encourages us to assure that our youth are equipped with the knowledge and skills necessary to effectively make their voices heard within our democracy.

Tosin Fakile, featured speaker, is a reporter for WGAL News 8. Before arriving in the Susquehanna Valley, Tosin was in her home state Maryland working as a web reporter for a county newspaper. She covered local county news, the White House and Congress. Before that she was a general assignment reporter/MMJ and fill-in anchor at WFXL in Albany Georgia. There she covered everything from Agricultural expos to the impact of Fire Station ISO ratings on homeowner’s insurance. Some of her favorite reporter moments include interviewing Representative Ed Rynders after winning the Primaries in 2016 and speaking with Senator Johnny Isakson about BRAC in Georgia.

PROGRAM ALSO INCLUDES:

 Recognition of the recipient of the annual Liberty Bell Award  Recognition of winners in the 41st annual Essay Contest  Recognition of winners in the 1st annual Bookmark Contest  Recognition of the High School Mock Trial Teams

------

2019 LAW DAY LUNCHEON RESERVATION FORM–DEADLINE MONDAY, APRIL 15, 2019

Please indicate your menu selection below. The cost of the luncheon is $15.00, and checks should be made payable to the York County Bar Foundation (YCBF).

Return this form by Monday, April 15, 2019 to York County Bar Foundation, 137 E. Market Street, York PA 17401; fax to 717-843-8766; email: [email protected]. Register and pay online by credit card at www.yorkbar.com

Walk-ins as well as those who register but do not attend will be charged the full price of $20.00. Name: ______Telephone: ______Pit Beef and Cheese on a Ciabatta Roll _____ Cobb Salad _____ Vegetable Lasagna (Vegetarian) Indicate special dietary needs ______April 15, 201 9 CLE

DATE : MONDAY, APRIL 15, 2019

CREDIT: 1 HOUR ETHICS CREDIT

SPEAKER: BRIAN S. QUINN, ESQ., EDUCATION AND OUTREACH COORDINATOR LCL OF PA, INC.

TOPIC: THE IMPAIRED LAWYER – A CALL FOR ACTION

TIME: LUNCH AT 12:00 - PROGRAM 12:30 to 1:30

LOCATION: 137 E. MARKET ST, YORK, PA 17401

Recent studies show that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession. As LCL's Educator, Mr. Quinn will discuss the early warning signs of impairment, how best to approach the impaired individual and the LCL services that are available to lawyers, judges, their family members and law students. A complete review of 2016 ABA study on Impairment in the legal profession, the problems presented by societal and professional stigma, enabling and the reluctance of attorneys to utilize Lawyers Assistance programs are also discussed. A practicing lawyer with over 40 years of experience, Mr. Quinn will also share his own story of addiction and impairment and the role that Lawyers Concerned for Lawyers played in saving his life and restoring his place in the legal profession. The PACLE Board approved this program for 1-hour ethics credit. To receive credit, all attendees must be registered and in their seats by 12:30 p.m. Late arrivals will receive no credit.

------The Impaired Lawyer – A Call for Action Tuesday, April 15, 2019

__ $35.00 - Credit - Member, YCBA __ $30.00 - Credit-Member/5 years or (Includes lunch) less practice (Includes lunch) __ $25.00 - Credit - Member YCBA __ $20.00 -Credit-Member/5 years or (No lunch) less practice (No lunch) __ $55.00 – Credit -Non-Member of __ $20.00 - No Credit – Admin Staff, YCBA, Member of another Bar Paralegals (Includes lunch) (Includes lunch) __ $35.00 CJE – Member, YCBA __ $45.00 - Credit – Non-Member of (Includes lunch) YCBA, Member of another Bar __ $25.00 - CJE - Member YCBA (No lunch) (No lunch)

Special Dietary Needs ______

RESERVATION DEADLINE: Thursday, April 11, 2019 NAME: ______

ATTORNEY ID#: ______EMAIL: ______Please make check payable to YORK COUNTY BAR ASSOCIATION & mail to: CLE, York County Bar Center, 137 E. Market Street, York, PA 17401 April 18, 201 9 CLE

DATE : THURSDAY, APRIL 18, 2019

CREDIT: 1 HOUR SUBSTANTIVE CREDIT

SPEAKER: DR. SAMANTHA A. DEFFLER, ASSISTANT PROFESSOR OF PSYCHOLOGY, YORK COLLEGE OF PA

TOPIC: COGNITIVE AND SITUATIONAL FACTORS INFLUENCE EYEWITNESS MEMORY

TIME: LUNCH AT 12:00 - PROGRAM 12:30 to 1:30

LOCATION: 137 E. MARKET ST, YORK, PA 17401

Remembering events involves a reconstructive process; memory is not an exact reproduction of how an event occurred. Rather, every time one recalls an event, the event representation is created anew. This reconstructive process opens the door for errors of omission and commission. What factors influence the accuracy of eyewitness memory for events? The impact of cognitive (how the person thinks) and situational (what the person is exposed to before, during, and after an event) factors on remembering will be explored, with a particular focus on memory accuracy. Additionally, the confidence with which an eyewitness recalls a memory will be explored as a flawed marker of accuracy.

The PACLE Board approved this program for 1-hour substantive credit. To receive credit, all attendees must be registered and in their seats by 12:30 p.m. Late arrivals will receive no credit.

------Cognitive and Situational Factors Influence Eyewitness Memory Thursday, April 18, 2019

__ $35.00 - Credit - Member, YCBA __ $30.00 - Credit-Member/5 years or (Includes lunch) less practice (Includes lunch) __ $25.00 - Credit - Member YCBA __ $20.00 -Credit-Member/5 years or (No lunch) less practice (No lunch) __ $55.00 – Credit -Non-Member of __ $20.00 - No Credit – Admin Staff, YCBA, Member of another Bar Paralegals (Includes lunch) (Includes lunch) __ $35.00 CJE – Member, YCBA __ $45.00 - Credit – Non-Member of (Includes lunch) YCBA, Member of another Bar __ $25.00 - CJE - Member YCBA (No lunch) (No lunch)

Special Dietary Needs ______

RESERVATION DEADLINE: Monday, April 15, 2019 NAME: ______

ATTORNEY ID#: ______EMAIL: ______Please make check payable to YORK COUNTY BAR ASSOCIATION & mail to: CLE, York County Bar Center, 137 E. Market Street, York, PA 17401 April 22, 201 9 CLE

DATE : MONDAY, APRIL 22, 2019

CREDIT: 1 HOUR SUBSTANTIVE CREDIT

SPEAKER: EMILY HUGGINS RN, BSN, MHA, CEN, SANE-A, SANE-P FORENSIC EXAMINER PROGRAM MANAGER WELLSPAN HEALTH

TOPIC: FORENSIC “SAFE” EXAMS

TIME: LUNCH AT 12:00 - PROGRAM 12:30 to 1:30

LOCATION: 137 E. MARKET ST, YORK, PA 17401

LEARN HOW TO ACESS FORENSIC MEDICAL EXAMS; THE ROLE OF THE FORENSIC NURSE; COMPONENTS OF THE FORENSIC EXAM AND THE ADVANTAGES OF SUCH EXAMS. The PACLE Board approved this program for 1-hour substantive credit. To receive credit, all attendees must be registered and in their seats by 12:30 p.m. Late arrivals will receive no credit.

------Forensic “Safe” Exams Monday, April 22, 2019

__ $35.00 - Credit - Member, YCBA __ $30.00 - Credit-Member/5 years or (Includes lunch) less practice (Includes lunch) __ $25.00 - Credit - Member YCBA __ $20.00 -Credit-Member/5 years or (No lunch) less practice (No lunch) __ $55.00 – Credit -Non-Member of __ $20.00 - No Credit – Admin Staff, YCBA, Member of another Bar Paralegals (Includes lunch) (Includes lunch) __ $35.00 CJE – Member, YCBA __ $45.00 - Credit – Non-Member of (Includes lunch) YCBA, Member of another Bar __ $25.00 - CJE - Member YCBA (No lunch) (No lunch)

Special Dietary Needs ______

RESERVATION DEADLINE: Thursday, April 18, 2019 NAME: ______

ATTORNEY ID#: ______EMAIL: ______Please make check payable to YORK COUNTY BAR ASSOCIATION & mail to: CLE, York County Bar Center, 137 E. Market Street, York, PA 17401 THE YCBA MEMBERSHIP & OCIAL OMMITTEES S C ARE PLEASED TO ANNOUNCE A

NEW BENEFIT FOR YCBA MEMBERS: Skybox access for series of 10 games at PeoplesBank Park! Each game and event has been designated for specific segments of our membership to enable members to network and reconnect in a social setting as well as for entertaining clients and

staff, and to enjoy a night out with family and friends. Includes Skybox access, a limited number of VIP parking passes, playground wristbands, and a limited amount of party snacks and water (order and pay for additional food & beverages on your own).

Reserve your dates today - See schedule below and reverse for full details! ϭϬZĞŐƵůĂƌ'ĂŵĞƐ;ĂůůŐĂŵĞƐĂŶĚĞǀĞŶƚƐĂƌĞĨŝƌƐƚĐŽŵĞ͕ĨŝƌƐƚƌĞƐĞƌǀĞĚͿ͗  ĂLJ DŽŶƚŚ ĂƚĞ dŝŵĞ KƉƉŽŶĞŶƚ ĂƚĞŐŽƌLJ;ƐƵďũĞĐƚƚŽĐŚĂŶŐĞͿ ŽƐƚ ΨϭϱƉƉͬϱ &ƌŝĚĂLJ Ɖƌŝů Ϯϲ ϲ͗ϯϬƉŵ >ŽŶŐ/ƐůĂŶĚ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ƚŝĐŬĞƚƐƉƉ DŽŶĚĂLJ DĂLJ ϲ ϲ͗ϯϬƉŵ ^ŽŵĞƌƐĞƚ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž ^ĂƚƵƌĚĂLJ DĂLJ Ϯϱ ϲ͗ϯϬƉŵ >ĂŶĐĂƐƚĞƌ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž tĞĚŶĞƐĚĂLJ :ƵŶĞ ϭϮ ϲ͗ϯϬƉŵ ,ŝŐŚWŽŝŶƚ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž ^ƵŶĚĂLJ :ƵŶĞ ϯϬ ϭ͗ϬϬƉŵ EĞǁƌŝƚĂŝŶ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž dƵĞƐĚĂLJ :ƵůLJ Ϯϯ ϲ͗ϯϬƉŵ ^ƵŐĂƌ>ĂŶĚ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž ^ƵŶĚĂLJ :ƵůLJ Ϯϴ ϭ͗ϬϬƉŵ EĞǁƌŝƚĂŝŶ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž &ƌŝĚĂLJ ƵŐƵƐƚ ϭϲ ϲ͗ϯϬƉŵ >ĂŶĐĂƐƚĞƌ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž dŚƵƌƐĚĂLJ ƵŐƵƐƚ ϮϮ ϲ͗ϯϬƉŵ ^ŽƵƚŚĞƌŶDĂƌLJůĂŶĚ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ΨϯϲϬсĨƵůůďŽdž ^ĂƚƵƌĚĂLJ ^ĞƉƚĞŵďĞƌ Ϯϭ ϲ͗ϯϬƉŵ >ĂŶĐĂƐƚĞƌ DĞŵďĞƌZĞŶƚĂů;&ĂŵŝůLJͬ^ƚĂĨĨͿ ^K>

 

All games are first come, first reserved. Reservations are required. To reserve contact [email protected] or call 717-854-8755x203 &ŝƌƐƚĐŽŵĞͬĨŝƌƐƚƌĞƐĞƌǀĞĚďĂƐŝƐ͘DƵƐƚďĞĂzŵĞŵďĞƌͬ^ĞĐƚŝŽŶDĞŵďĞƌ0 ŝŶŐŽŽĚƐƚĂŶĚŝŶŐ͘dŚĞƌĞŝƐĂƚŽƚĂůŽĨϮϱƚŝĐŬĞƚƐĂŶĚϲƉĂƌŬŝŶŐƉĂƐƐĞƐ ĂǀĂŝůĂďůĞƚŽz^ŬLJďŽdžƉĂƌƚŝĐŝƉĂŶƚƐ͘'ƌŽƵƉƐŽĨůĞƐƐƚŚĂŶϱĂƌĞƉĞƌŵŝƚƚĞĚ;ďƵƚŶŽƚƉƌĞĨĞƌƌĞĚͿ͘^ŽůŽΘ^ŵĂůů&ŝƌŵƐсϭϱŽƌůĞƐƐĂƚƚŽƌŶĞLJƐ͘dŝĐŬĞƚƐ ĂŶĚƉĂƌŬŝŶŐƉĂƐƐĞƐĂƌĞĨŽƌzŵĞŵďĞƌƵƐĞŽŶůLJ–ƌĞƐĂůĞƉƌŽŚŝďŝƚĞĚ͘DĞŵďĞƌƐĂŶĚƚŚĞŝƌŐƵĞƐƚƐƐŚĂůůĂůǁĂLJƐŵĂŝŶƚĂŝŶƉƌŽƉĞƌĚĞĐŽƌƵŵǁŚŝůĞŝŶ ƚŚĞ>ƵdžƵƌLJ>ĞǀĞů͘DĞŵďĞƌƐƐŚĂůůďĞŚĞůĚƌĞƐƉŽŶƐŝďůĞĨŽƌƚŚĞŝƌĂĐƚŝŽŶƐ͕ĂƐǁĞůůĂƐƚŚŽƐĞŽĨƚŚĞŝƌŐƵĞƐƚƐ͕ŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ĂĐƚŝŽŶƐĂƌŝƐŝŶŐ ĨƌŽŵƚŚĞĐŽŶƐƵŵƉƚŝŽŶŽĨĂůĐŽŚŽůŝĐďĞǀĞƌĂŐĞƐ͘^ŚŽƵůĚDĞŵďĞƌƐŽƌƚŚĞŝƌŐƵĞƐƚƐĐƌĞĂƚĞĂĚŝƐƚƵƌďĂŶĐĞŽƌĐĂƵƐĞŽďũĞĐƚƐƚŽďĞƚŚƌŽǁŶŽƌĚƌŽƉƉĞĚ ĨƌŽŵƚŚĞ>ƵdžƵƌLJ>ĞǀĞů͕ůƵďƐŚĂůůŚĂǀĞƚŚĞƌŝŐŚƚƚŽĞũĞĐƚƚŚĞƉĂƌƚŝĞƐƌĞƐƉŽŶƐŝďůĞĨŽƌƐƵĐŚĂĐƚŝŽŶ͕ŽƌĂůůƚŚĞƉĞƌƐŽŶƐŝŶƚŚĞ>ƵdžƵƌLJ>ĞǀĞů͕ĨƌŽŵƚŚĞ ĐŽŶĨŝŶĞƐŽĨƚŚĞWĂƌŬ͘DĞŵďĞƌƐĂŶĚƚŚĞŝƌŐƵĞƐƚƐƐŚĂůůŶŽƚƵƐĞŽƌŽĐĐƵƉLJƚŚĞ>ƵdžƵƌLJ>ĞǀĞů;ǁŚŝĐŚƚĞƌŵƐŚĂůůŝŶĐůƵĚĞĂůůƉƵďůŝĐĂƌĞĂƐŽŶƚŚĞƐĞĐŽŶĚ ůĞǀĞůŽĨƚŚĞWĂƌŬŝŶĐůƵĚŝŶŐ͕ďƵƚŶŽƚůŝŵŝƚĞĚƚŽ͕ƐŬLJďŽdžĞƐ͕ƐƵŝƚĞƐ͕ƌĞƐƚƌŽŽŵƐ͕ƐƚĂŝƌǁĂLJƐĂŶĚŽƚŚĞƌĐŽŵŵŽŶĂƌĞĂƐͿŝŶǀŝŽůĂƚŝŽŶŽĨĂŶLJƌƵůĞ͕ƌĞŐƵůĂƚŝŽŶ͕ ŽƌŽƌĚŝŶĂŶĐĞŽĨƚŚĞŽŵŵŽŶǁĞĂůƚŚŽĨWĞŶŶƐLJůǀĂŶŝĂ͕ŝƚLJŽĨzŽƌŬ͕ƚŚĞ>ĞĂŐƵĞ͕ŽƌĂŶLJŽƚŚĞƌďŽĚLJŚĂǀŝŶŐũƵƌŝƐĚŝĐƚŝŽŶŽǀĞƌƚŚĞWĂƌŬ͘ZĂŝŶŽƵƚƉŽůŝĐLJ͗ ĞĂĐŚŽĨŐƵĞƐƚǁŝůůďĞĂďůĞƚŽĞdžĐŚĂŶŐĞƚŚĞŝƌƐŬLJďŽdžƚŝĐŬĞƚĨŽƌƚǁŽŽĨƚŚĞďĞƐƚĂǀĂŝůĂďůĞƐĞĂƚƐŽŶƚŚĞŵĂŝŶůĞǀĞůĨŽƌƚŚĞŐĂŵĞŽĨƚŚĞŝƌĐŚŽŝĐĞ͘/ĨĂƌĂŝŶ ĚĞůĂLJ͕LJŽƵĂŶĚLJŽƵƌŐƵĞƐƚƐĂƌĞƐƚŝůůĞŶĐŽƵƌĂŐĞĚƚŽĐŽŵĞŽƵƚƚŽƚŚĞďĂůůƉĂƌŬĂŶĚĞŶũŽLJƚŚĞƚŝŵĞŝŶƚŚĞƐŬLJďŽdžǁŚŝůĞǁĂŝƚŝŶŐĨŽƌƚŚĞƌĂŝŶƚŽƐƚŽƉ͘You’ll ŚĂǀĞƚŚĞĚƌŝĞƐƚƐƉŽƚŝŶƚŚĞďĂůůƉĂƌŬ͊ 

YCBA Skybox Member Benefit - 10 games divided up in the following manner under the following terms:

- All members/sections chairs must sign contract and acknowledge receipt of and review of the rules and regulations. Member hosts are required to inform guests and invitees of the rules and regulations and ensure their compliance.

2019 Request for Proposals

York County Bar Foundation Impact Grants Program

The York County Bar Foundation (YCBF) is seeking proposals from interested organizations for innovative law- related programs/projects which serve the York County community by: • Increasing access to justice for all people, particularly those struggling with poverty and abuse; • Improve the administration of justice; • Promote public understanding of and respect for the law; • Encourage careers and diversity in the legal system; • Improve the quality of life for York Countians through support for law-related community initiatives.

YCBF is interested in proposals for early stage programs/projects with the potential for real impact or proposals which seek to improve the effectiveness of existing programs/projects.

What is the process to apply for funding? Proposals are due by 12:00 Noon on Tuesday, May 1 at York County Bar Foundation, 137 East Market Street, York PA 17401 or by e mail to [email protected]. Proposals may be summitted for early consideration at any time thru May 1, 2019. The YCBF may also invite additional submissions throughout the year.

Following review of proposals by the YCBF Grants Committee, those submitting proposals will be notified by July 1 of our decision to invite full grant applications. Full grant applications are due no later than August 31.

How much funding is available? YCBF anticipates that up to approximately $88,000 will be available for programs/projects not otherwise receiving YCBF funding. Selected grants will be funded from the total allotment available.

Proposals (no more than 2 pages) should include:

• A summary of the program / project and how it addresses YCBF’s funding interests

• Program / project leadership and partners

• Estimated cost and other funders

• How the program / project will be sustained after initial funding

YCBF will not consider proposals for annual operating expenses.

Questions?

Contact Victoria Connor, CEO, York County Bar Foundation, at 854.8755 (ext. 206) or [email protected]. 2019 Request for Proposals

York County Bar Foundation Henry Lenz Memorial Fund Grants Program

The York County Bar Foundation (YCBF) is seeking proposals from interested organizations for innovative law- related programs/projects which serve to improve the circumstances of children who become subject to the jurisdiction of the juvenile justice system of York County. YCBF is interested in proposals for early stage programs/projects with the potential for real impact or proposals which seek to improve the effectiveness of existing programs/projects proposals dealing with juveniles or juvenile delinquency. Such programs may include but are not limited to:

• The provision of items of social and cultural benefit beyond the necessaries required to be supplied by the County for children under the jurisdiction of the Juvenile Court of the York County Court of Common Pleas • Provide for special needs of children of York County who are under commitment by the Juvenile Court of the York County Court of Common Pleas for treatment, supervision, or rehabilitation that would not be the responsibility of the County and are beyond the ability of the parent or other person responsible for the child’s maintenance to provide; • Support for children who have demonstrated desire and reasonable ability for education beyond high school.

NOTE: “Children” shall include all children who have been or shall be referred to the Juvenile Probation Office or York County Children and Families having been found delinquent, neglected or dependent children, until they be discharged from the jurisdiction of the Court, or shall no longer be subject thereto by reason of having attained the age of 21 years, whichever is earlier.

What is the process to apply for funding? Proposals may be summitted for early consideration at any time thru May 1, 2019. For consideration in 2019, the deadline is 12:00 Noon on Tuesday, May 1 at York County Bar Foundation, 137 East Market Street, York PA 17401 or by e mail to [email protected]. The YCBF may also invite additional submissions throughout the year.

Following review of proposals by the YCBF Lenz Fund Advisory and Grants Committees, those submitting proposals will be notified by July 1 of our decision to invite full grant applications. Full grant applications are due no later than August 31.

How much funding is available? YCBF anticipates that up to approximately $70,000 will be available for programs/projects not otherwise receiving YCBF funding. Selected grants will be funded from the total allotment available.

Proposals (no more than 2 pages) should include:

• A summary of the program / project and how it addresses YCBF’s funding interests • Program / project leadership and partners • Estimated cost and other funders • How the program / project will be sustained after initial funding

YCBF will not consider proposals for annual operating expenses.

Questions? Contact Victoria Connor, CEO, York County Bar Foundation, at 854.8755 (ext. 206) or [email protected].