Vol. LVI Allentown, PA Friday, June 24, 2016 No. 104
Transcription
Vol. LVI Allentown, PA Friday, June 24, 2016 No. 104
Vol. LVI Allentown, PA Friday, June 24, 2016 1 No. 104 THE COURT The Hon. Edward D. Reibman, President Judge The Hon. Carol K. McGinley, Judge The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge The Hon. Michele A. Varricchio, Judge The Hon. Douglas G. Reichley, Judge The Hon. Alan M. Black, Senior Judge LEHIGH LAW JOURNAL (USPS 309560) Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY 1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org HON. WILLIAM H. PLATT, President PATRICK J. REILLY, President-Elect MICHELLE M. FORSELL, Vice President James J. Kozuch, Secretary SARAH M. JOLLY, Treasurer SUSAN G. MAURER, Historian THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director SARAH MUSSEL, Case Editor Copyright © 2016 Bar Association of Lehigh County The Lehigh Law Journal is published every Friday. 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Walnut St., Allentown, PA 18102. 2 Classical Elegance A gracious facility for your social and business events.... weddings banquets parties exclusively partnered caterers www.thebarristersclub.com 1114 W Walnut Street Allentown | 610-433-6088 ext.12 3 4 5 ATTORNEY DISCIPLINARY / ETHICS MATTERS Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct James C. Schwartzman, Esq. Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year” 1818 Market Street, 29th Floor, Philadelphia, PA 19103 (215) 751-2863 Greater Lehigh Valley, PA naisummit.com | 610.264.0200 2268 S 12TH STREET, ALLENTOWN, PA Two 11,000 SF office suites available Four story building with ample parking Divisible space from approx. 5,500 SF Near Routes I-78 & 309, access to Rt 22 For information contact: Sarah Finney 610.871.1719 or Matt Dorman 610.871.1699 6 LEHIGH COUNTY PARALEGAL ASSOCIATION’S 6TH ANNUAL LUNCHEON IN CELEBRATION OF PARALEGAL WEEK Keynote Speaker Jack Barsky …and a surprise mystery guest! “The Spy Among Us” Jack Barsky was born, raised and educated in East Germany. He was recruited by the KGB, and spent 10 years as an undercover agent in the United States. Friday, July 29, 2016 12:00 – 1:30 P.M. The Barristers Club 1114 West Walnut Street, Allentown Please RSVP to Karen Mesch by July 22, 2016 kmesch@thebarristersclub.com or 610-433-6088 ext. 12 Paralegal Members of BALC: cost included in dues ◊ Attorney Members of BALC: $20.00 ◊ Non-Members: $30.00 We encourage our Paralegal Members to invite their Attorney Sponsors A special thank you to our Sponsors: Gold Sponsor 7 FOR LEASE/SALE THE SCOBLIONKO BUILDING 40 SOUTH FIFTH STREET, ALLENTOWN We are interested in selling our building or leasing its second floor. Each of the two office floors contains approximately 2,500 square feet, with two half bathrooms on each floor. Centrally air-conditioned, with hardwired security and fire/smoke alarm systems. First floor has four large offices, a large central conference room, and a smaller conference room/office. Second floor has six offices. Ample basement storage space. Adjacent parking available for rental. A half block from Federal and Lehigh County courthouses. Easy access to I-78 and Route 22. Contact Mark Scoblionko, (610) 434-7138, extension 12; mark@scoblaw.com. 6-24; 7-1 The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty 8 9 Solid Waste Svcs. vs. City of Allentown et al. 959 SOLID WASTE SERVICES, INC. d/b/a J.P. MASCARO & SONS, M.B. INVESTMENTS AND JOSE MENDOZA, PLAINTIFFS vs. CITY OF ALLENTOWN AND WASTE MANAGEMENT OF PENNSYLVANIA, INC., DEFENDANTS Preliminary Injunction—Municipalities—Home Rule Charter and Optional Plans Law—Competitive Bidding Process— Request for Proposal—Standing—Disappointed Proposer— Taxpayer Standing—Home Rule Charter—Administrative Code—Rules of Statutory Construction—Services Contract— Waste Management Contract—“Competitive Processes.” Court denied preliminary injunction sought by waste disposal company to stop the City of Allentown from contracting with a competing waste disposal contractor, based on assertion that contract awarded should have been solicited via a competitive bidding process, rather than a request for proposal. The court held that: (1) waste disposal company Solid Waste Services, Inc., as a disappointed proposer, did not have standing to bring an action for injunction, but additional Plaintiffs had “taxpayer standing;” (2) neither the City of Allentown’s Home Rule Charter nor its Administrative Code required it to acquire contracts for services through a competitive bidding process; and (3) the City complied with its Home Rule Charter, which required that it purchase services through “competitive processes.” In the Court of Common Pleas of Lehigh County, Pennsylvania—Civil Division. No. 2016-C-157. Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons, M.B. Investments and Jose Mendoza, Plaintiffs vs. City of Allentown and Waste Management of Pennsylvania, Inc., Defendants. Albert A. DeGennaro, Esquire, on behalf of Plaintiffs. Douglas Smillie, Esquire, on behalf of Defendant City of Allentown. Shanna L. Peterson, Esquire, on behalf of Defendant Waste Management of Pennsylvania, Inc. ADJUDICATION McGinley, J., May 10, 2016. On January 12, 2016, Plaintiffs Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons (Mascaro) and M.B. Investments (MB) filed a Complaint and a Petition for Preliminary Injunction. Defendant Waste Management of Pennsylvania, Inc. (WMI) filed Preliminary Objections, and both WMI 10 Lehigh 7-17 op 960 Solid Waste Svcs. vs. City of Allentown et al. and Defendant City of Allentown (the City) filed responses to the Petition for Preliminary Injunction. On February 17, 2016, Plaintiffs filed an Amended Complaint and added Jose Mendoza as a Plaintiff. Also on that day, Plaintiffs filed an Amended Petition for Preliminary Injunction. Defendants WMI and the City both filed Preliminary Objections to the Amended Complaint. A hearing on the original preliminary injunction was set for February 23, 2016. A hearing was held on that date at which time the parties agreed to forego a preliminary injunction hearing, and, instead, hold a final hearing on this matter. Evidence was also presented in order for Defendants to raise their argument that the Plaintiffs did not have standing, which was asserted in their Preliminary Objections to the Amended Complaint. After the conclusion of the hearing, briefs were filed by all parties and argument was heard on March 24, 2016. This case involves Plaintiffs’ assertion that the City used an illegal and unlawful request for proposal process to select and award the City’s Municipal Solid Waste & Recyclables Collection, Disposal and Related Services Contract (MSW&R Contract) for waste management services. Plaintiffs request that the court void the MSW&R Contract between WMI and the City, prevent WMI from performing pursuant to the MSW&R Contract, prohibit the City from awarding an MSW&R Contract to any of the proposers under City RFP No. 2015-24, and remand the matter back to the City so that a contract can be awarded after a competitive bidding process with common specifications. The City contends that pursuant to the City’s Home Rule Charter and Administrative Code, the waste management and recycling services was not required to be put out for an invitation to bid; the only requirement was that the purchase be made through “competitive processes,” which the City argues was achieved by the request for proposal issued for this contract. In deciding the final injunction, two issues need to be resolved: 1. Do Plaintiffs have proper standing to bring the instant action; and 2. Does the applicable law require the City to award a 11 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 961 contract for waste management and recycling services through a competitive bidding process.1 A separate record was established to address the issue of whether Plaintiffs have proper standing to raise the instant action. Findings of Fact—Standing 1. Mascaro is a Pennsylvania corporation and a taxpayer (business privilege tax) of the City of Allentown, with a business address of 315 Basin Street, Allentown, Pennsylvania 18101. (Stipulated Findings of Fact, 1.) 2. Mascaro is a waste service company that engages in the collection, recycling, transportation, transferring, composting and disposal of nonhazardous solid waste. (Id. at 2.) 3. MB is a Pennsylvania general real estate partnership that is the owner of property in the City of Allentown, Pennsylvania at 315 Basin Street, and is a taxpayer (real estate taxes) of the City of Allentown. (Id. at 3.) 4. Jose Mendoza (Mendoza) is a resident of the City and resides at 1932 South Delaware Street, Allentown, Pennsylvania 18103. (Notes of Testimony, February 23, 2016, p. 17.) 19.) 5. Mendoza pays real estate taxes to the City. (N.T. p. 6. Mendoza is serviced by the waste management contract entered into by the City. (Id.) 7. Mendoza is employed by Mascaro and has worked for them for 28 years. (N.T. p. 20.) 8. The City awarded the MSW&R Contract to WMI, contingent upon approval by City Council. (Stipulated Findings of Fact, 27.) 1 At the conclusion of the hearing on the permanent injunction, a third issue was raised by the City and WMI: if a competitive bid was required for the purchase of waste management and recycling services, was the process that was used similar enough to a bid to satisfy the legal requirements. At the post-hearing argument, the City and WMI withdrew this position and relied solely on the argument that the applicable law did not require a bid for this contract. 12 Lehigh 7-17 op 962 Solid Waste Svcs. vs. City of Allentown et al. 9. On October 30, 2015, the City sent a letter to Mascaro regarding the award of the MSW&R Contract. (Id. at 28.) 10. On December 9, 2015, City Council again considered Resolution No. 73 [request for City Council’s approval of the MSW&R Contract]. (Id. at 35.) 11. At the December 9, 2015 meeting, City Council, as recommended by the City Administration, voted to approve the award of the MSW&R Contract to WMI. (Id. at 37.) Conclusions of Law 1. Mascaro is a disappointed competitor of the awarded MSW&R Contract. 2. Mascaro pays a business privilege tax, but is not an aggrieved taxpayer of the City as it relates to solid waste and recycling management. 3. Mascaro lacks standing to bring this action before the court. 4. MB pays real estate taxes to the City and is an aggrieved taxpayer of the City. 5. Mendoza pays real estate taxes to the City and is an aggrieved taxpayer of the City. 6. The only type of challenger to this action would include disappointed competitors who lack standing or individuals with taxpayer standing; the winner of the awarded contract would benefit from the award and would be disinclined to challenge it; judicial relief is appropriate in this circumstance with no other alternative remedies; no one else is better suited than MB and Mendoza to challenge this action. 7. MB has “taxpayer standing” to bring the current action before the court. 8. Mendoza has “taxpayer standing” to bring the current action before the court. Discussion The City and WMI assert that Mascaro and MB are dissatisfied proposers of the awarded contract and lack standing to set 13 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 963 aside a public contract. Further, they argue that Mr. Mendoza was added as a “straw man” for Mascaro and MB in order to circumvent the standing requirements.2 Plaintiffs contend that they have proper standing pursuant to the “taxpayer standing” exception to the general requirements of standing. Generally, to have standing one must be an “aggrieved party;” someone adversely affected by the matter sought to be challenged. Wm. Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 193, 346 A.2d 269, 281 (1975). In order for a plaintiff to meet that requirement, he must allege and prove an interest in the outcome of the suit which surpasses “the common interest of all citizens in procuring obedience to the law.” Id. To surpass the common interest, the interest is required to be, at least, substantial, direct and immediate. Id. Our Supreme Court established a narrow exception from the above standard for “taxpayer standing” in the case of Application of Biester, 487 Pa. 438, 409 A.2d 848 (1979). The court explained the reason for the exception: Certain cases exist which grant standing to taxpayers where their interest arguably does not meet the requirements of Wm. Penn, supra. The relaxing of those requirements in those cases or, more appropriately, the granting of standing where the degree of causal connection between the action complained of and the injury alleged is small, can be explained by the policy behind granting taxpayers standing. ... As Mr. Justice Roberts pointed out over ten years ago in Faden v. Phila. Housing Auth., 424 Pa. 273, 278, 227 A.2d 619, 621-622 (1967): ‘(A)lthough many reasons have been advanced for granting standing to taxpayers, the fundamental reason for granting standing is simply that otherwise a large body of governmental activity would be unchallenged in the courts.’ 2 Defendant Waste Management of Pennsylvania, Inc.’s Post-Hearing Memorandum of Law in Opposition to Plaintiffs’ Petition for Injunction, filed with the Clerk of Judicial Records—Civil Division on March 18, 2016, p. 10; Defendant City of Allentown’s PostTrial Memorandum of Law, filed with the Clerk of Judicial Records—Civil Division on March 18, 2016, p. 22 (joining and adopting the arguments of WMI concerning Plaintiffs’ lack of standing). 14 Lehigh 7-17 op 964 Solid Waste Svcs. vs. City of Allentown et al. See Note, Taxpayers’ Suits: A Survey and Summary, supra, n.5. Hence, the policy for granting standing [w]here the degree of causal connection is small is to ensure judicial review which would otherwise not occur. This will most often occur when those directly and immediately affected by the complained of expenditures are beneficially affected as opposed to adversely affected. Cf. Faden v. Phila. Housing Auth., supra. Id. at 444-45, 409 A.2d at 852. Further, footnote 5 of Biester provides: The ultimate basis for granting standing to taxpayers must ... be sought outside the normal language of the courts. Taxpayers’ litigation seems designed to enable a large body of the citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement. Such litigation allows the courts, within the framework of traditional notions of ‘standing,’ to add to the controls over public officials inherent in the elective process the judicial scrutiny of the statutory and constitutional validity of their acts. Id. at 443 n.5, 409 A.2d at 851 n.5, quoting Note, Taxpayers’ Suits: A Survey and Summary, 69 Yale L.J. 895, 904 (1960). Pursuant to the holding in Biester, a taxpayer seeking standing to sue must allege a substantial, direct and immediate interest in the outcome of the suit unless the taxpayer can show: 1. the governmental action would otherwise go unchallenged but for taxpayer standing; 2. those most directly affected by the expenditure would benefit and thus, be disinclined to challenge it; 3. judicial relief is appropriate; 4. alternative remedies are unavailable; and 5. no one else is better suited to challenge the action. Gleim v. Bear, 151 Pa. Commonwealth Ct. 274, 281, 616 A.2d 1064, 1068 (1992). Mascaro is unable to establish a substantial, direct and immediate interest in the outcome of the suit as a disappointed competitor. “A mere disappointed bidder to a public contract does not have standing to challenge its award because he has no prop15 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 965 erty interest and has suffered no injury that would entitle him to redress.” Black Ash Services, Inc. v. DuBois Area School District, 764 A.2d 672, 674 (Pa. Commw. 2000). “To have standing, the bidder must be an aggrieved taxpayer of the municipality awarding the contract.” Id. Here, Mascaro pays a business privilege tax, but the business privilege tax has not been the type of tax historically considered to establish an entity as an aggrieved taxpayer. We find that persons or companies paying real estate tax to the City are better suited to challenge the action than a company only paying tax on its profits earned. Accordingly, we find that Mascaro is a disappointed competitor of the awarded contract and does not have taxpayer standing to bring the current action.3 However, MB pays real estate taxes to the City of Allentown, which makes it an aggrieved taxpayer of the municipality awarding the contract. Additionally, in an abundance of caution, Mendoza was added as a plaintiff after Defendants filed preliminary objections based on standing to Plaintiffs’ original complaint. Mendoza owns residential property in the City of Allentown, pays City taxes, and is serviced by the waste management contract entered into by the City. N.T. pp. 17-19. Applying the requirements of taxpayer standing to MB and Mendoza, we find the challenger to this type of governmental action would only include disappointed competitors who lack standing to file suit or individuals with taxpayer standing, and the winner of the awarded contract would benefit from such award and would be disinclined to challenge it. Further, judicial relief is appropriate, there are no other alternative remedies, and no one else is better suited to challenge this action. Therefore, MB and Mendoza meet the taxpayer standing requirements. Defendants have disputed Mendoza’s standing contending that procedurally and technically, Mendoza is just a “straw man” for Mascaro and MB especially given the fact that Mendoza only learned of the lawsuit one week prior to the hearing. See N.T. p. 22. This issue was addressed in Marx v. Lake Lehman School District, 817 A.2d 1242 (Pa. Commw. 2003), when appellees argued that Marx 3 Because we find Mascaro does not have standing to bring this action, we do not address the City and WMI’s allegation of unclean hands. 16 Lehigh 7-17 op 966 Solid Waste Svcs. vs. City of Allentown et al. was a straw man for an unsuccessful bidder. The court in holding that knowledge of the details of the case is not necessary, stated: The courts have recognized that, because competitors are not granted standing in bidding award cases, the process relies upon taxpayers to bring actions such as this one. Rainey v. Borough of Derry, 163 Pa.Cmwlth. 606, 641 A.2d 698, 701 (1994). For this reason, the standing requirement is not an onerous one. And, in fact, the notion argued by [appellees] that, to possess standing, Marx must have a substantial, direct, and immediate interest in the matter, has been rejected in public bidding cases. Id. We, therefore, conclude that Marx, although he is unfamiliar with many of the details of this case, as a taxpayer, nonetheless, has demonstrated a sufficient interest in the matter to convey standing upon himself. Review of the record shows that Marx was in the construction business, had an interest in the integrity of the bidding process in general, although he had submitted no bid on this project, had read the newspaper regarding what occurred with the bidding and had spoken to the unsuccessful bidder [], a long-time friend whose word he trusted. Id. at 1245. Similarly, Mendoza, in addition to living and owning property in the City for over ten years, works in the waste management business, and has worked for Mascaro for 28 years. N.T. pp. 17-20. Mendoza is familiar with Mascaro being awarded waste management contracts via public bid. N.T. pp. 21-22. He is also familiar with the fact the City awarded waste management contracts via public bid for 20 years and is now changing the procedure. Id. We find that Mendoza is sufficiently familiar with the facts of this case to assert his own standing to challenge the award of the MSW&R Contract. Finding that MB and Mendoza (Plaintiffs) have proper standing, we address the substance of the permanent injunction. Findings of Fact—Injunction 1. Mascaro is a waste service company that engages in the collection, recycling, transportation, transferring, composting and disposal of nonhazardous solid waste. (Stipulated Finding of Fact, 2.) 17 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 967 2. MB is a Pennsylvania general real estate partnership that is the owner of property in the City of Allentown, Pennsylvania at 315 Basin Street, and is a taxpayer (real estate taxes) of the City of Allentown. (Id. at 3.) 3. Jose Mendoza (Mendoza) is a resident of the City and resides at 1932 South Delaware Street, Allentown, Pennsylvania 18103. (Notes of Testimony, February 23, 2016, p. 17.) 4. Mendoza pays real estate taxes to the City. (N.T. p. 19.) 5. Mendoza is serviced by the waste management contract entered into by the City. (Id.) 6. Mendoza is employed by Mascaro and has worked for them for 28 years. (N.T. p. 20.) 7. Defendant City of Allentown is a third-class city operating under the Home Rule Charter form of governance under the Home Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2901 et seq., with offices at 435 Hamilton Street, Allentown, Pennsylvania 18101. (Stipulated Finding of Fact, 4.) 8. Defendant WMI is a corporation in the solid waste business with a local office at 2710 Golden Key Road, Kutztown, Pennsylvania 19530. (Stipulated Finding of Fact, 5.) 9. In the past, pursuant to a fixed competitive bid process, both Mascaro and WMI were awarded waste collection, disposal and related services contracts by the City. (Stipulated Finding of Fact, 6.) 10. In the past, the City’s bid invitations upon which the waste collection, disposal and related services contracts awards were made to both Mascaro and WMI were pursuant to fixed competitive bid invitations with common specifications applicable to all parties. (Stipulated Finding of Fact, 7.) 11. Each of these prior awards of waste collection, disposal and related services contracts by the City to Mascaro and WMI were made in accordance with these fixed competitive bid invitations and were made to the lowest responsive and responsible bidder. (Stipulated Finding of Fact, 8.) 18 Lehigh 7-17 op 968 Solid Waste Svcs. vs. City of Allentown et al. 12. None of the last three bid invitations (i.e., in years 1995, 2001 and 2006) were Requests for Proposals on the basis of a professional services/professional consulting contract or included provisions for ‘value added services,’ nor did they provide for negotiations after the bids were submitted. (Stipulated Finding of Fact, 9.) 13. The current contractor for the City providing the trash collection, disposal and related services is WMI. (Stipulated Finding of Fact, 10.) 14. This current contract (the ‘2006 Contract’) was awarded to WMI pursuant to a City fixed competitive bid process. (Stipulated Finding of Fact, 11.) 15. The current waste management contract includes the collection of municipal solid waste twice a week, dual stream recycling collection once a week, and provisions for yard waste, bulk collection and litter basket collection. (N.T. p. 42.) 16. The 2006 Contract awarded to WMI expires in June 2016. (Stipulated Finding of Fact, 12.) 17. Mascaro currently serves approximately 100 municipalities; all of those contracts have been obtained through a public bid solicitation. (N.T. p. 34.) 18. The City retained Gershman, Brickner & Bratton, Inc. (‘GBB’), Solid Waste Management Consultants, of Fairfax, Virginia, as a consultant in the 2006 City Bid Invitation. (Stipulated Finding of Fact, 13.) 19. In or around 2015, the City again retained GBB as consultant for Request for Proposal No. 2015-24 (‘RFP’) with regard to the City’s MSW&R Contract. (Stipulated Finding of Fact, 14.) 20. GBB recommended that the waste management contract solicitation should be done via a request for proposal. (N.T. p. 61, 114.) 21. GBB recommended a request for proposal for the waste management solicitation because of the variety of services and options involved in the waste management contract, 19 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 969 including: the frequency of collection for solid waste per week; the frequency of collection for recyclables per week; whether collections were automated, semi-automated or manual; whether recyclables were picked up by a dual stream or a single stream process; household hazardous waste options; options for staffing at the drop-off location; a no haul/no landfill option; the number of years of the contract; and, whether the total cost of the services was over the life of the contract, a fixed price, a fuel cost adjustment or a consumer price index adjustment. (N.T., pp. 110-14.) 22. The City considers the collection and disposal of municipal solid waste and recyclables and related services a services contract. (N.T. pp. 176-77.) 23. The City’s Purchasing Department together with the Bureau of Recycling and Solid Waste decided to solicit for the waste management contract via a request for proposal. (N.T. pp. 60-61.) 24. No one in the City Solicitor’s Office, the City’s Law Department, or the Solicitor herself, ever saw or reviewed the RFP before the RFP was advertised and issued to prospective proposers. (Stipulated Finding of Fact, 15; N.T. p. 62.) 25. Request for Proposal, RFP No. 2015-24, was issued by the City for the Municipal Solid Waste and Recyclables Collection, Disposal and Related Services. (Stipulated Finding of Fact, Exhibit B.) 26. The RFP was sent to companies and individuals identified as potentially interested in the RFP. The RFP was advertised on the City’s website and various trade journals. People or companies interested in the RFP emailed the City and the solicitation was emailed to them. (N.T. pp. 130, 134.) 27. The RFP included a standard request for proposal provision at Section 3.3 that provided in part: The City may elect, at its sole and absolute discretion, to award a Contract based on the initial Proposals, or, to open negotiations, either written or oral, with one or more Propos20 Lehigh 7-17 op 970 Solid Waste Svcs. vs. City of Allentown et al. ers to address performance, technical questions, pricing delivery, or other provisions. If negotiations are opened, the City may elect, at its sole and absolute discretion to conclude negotiations at any time if it is determined to be in its best interest, or they will be closed upon settlement of all questions and clarifications. RFP Section 3.3. 28. The RFP also included the following language at Section 3.4: The award will be made to that responsive, responsible and qualified Proposer who’s [sic] Proposal, conforming to the specifications, will be most advantageous to the City; price and other factors considered. The award may or may not be made to the Proposer with the lowest cost. RFP Section 3.4. 29. The RFP included the following provision at Section 5.1.31: The Proposer may include in their proposal any additional ‘value added services’ that the Proposer wishes the City to consider and evaluate. These services are separate from the Options outlined in the RFP and should include detailed information and any additional incremental costs to those proposed. RFP Section 5.1.31. 30. A mandatory Pre-Proposal Conference was held on September 9, 2015 at 10:00 a.m., which all parties interested in submitting a proposal in response to the RFP were required to attend. (Stipulated Finding of Fact, 16.) 31. Questions were accepted at the Pre-Proposal Conference, and addenda were issued in response to those questions. (N.T. pp. 130-31.) 32. Both Mascaro and WMI, among others, attended the Pre-Proposal Conference on September 9, 2015. (Stipulated Finding of Fact, 17.) 21 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 971 33. On September 29, 2015, two weeks before responses to the RFP were due, Mascaro’s General Counsel, William F. Fox, Jr. (‘Attorney Fox’), sent a letter to the City’s Mayor, Finance Director, Purchasing Agent and Solicitor. (Stipulated Finding of Fact, 19.) 34. Pursuant to the September 29, 2015 correspondence, Attorney Fox requested RFP No. 2015-24 be cancelled and withdrawn because the process and procedure being used is unlawful and contrary to the City Code and City Administrative Code. (Stipulated Exhibit C.) 35. On October 2, 2015, the City issued Addendum No. 3. (Stipulated Finding of Fact, 20.) 36. Addendum No. 3 replaced Section 3.3 of RFP #201524, to read as follows: The City of Allentown reserves the right to request additional information from any Proposer and the right to waive minor irregularities in the procedures or proposals if it is deemed in the best interests of the City of Allentown. The City further reserves the right to reject all Proposals and seek new Proposals when such procedure is considered to be in the best interest of the City. (Stipulated Finding of Fact, Exhibit D.) 37. Addendum No. 3 replaced Section 3.4 of RFP #201524, to read as follows: The award will be made to that responsive and responsible Proposer whose Proposal, conforming to the specifications, will be most advantageous to the City; price and other factors considered. The prices submitted by the Proposer on the Forms in Appendix VI are firm and final and the award shall be made to the lowest responsible and qualified Proposer based on the Options selected by the City. (Stipulated Finding of Fact, Exhibit D.) 38. Addendum No. 3 also provided: ‘[f ]urthermore, any and all references in the RFP to “Bid” or “Bidder” shall be replaced with “Proposal” or “Proposer,” respectively.’ (Stipulated Finding of Fact, Exhibit D.) 22 Lehigh 7-17 op 972 Solid Waste Svcs. vs. City of Allentown et al. 39. Addendum No. 3 was not advertised, nor published in a newspaper of general circulation, but rather was sent to prospective proposers that had attended the Pre-Proposal Conference on September 9, 2015. (N.T. pp. 71-72.) 40. The original due date for proposals to be submitted to the City was September 30, 2015 at 3:00 p.m. However, the City extended the deadline to October 15, 2015 at 3:00 p.m. (Stipulated Finding of Fact, 18.) 41. On October 15, 2015, the technical proposals were opened. (N.T. p. 72.) 42. On October 15, 2015, at 3:00 p.m., the City announced that seven (7) proposers responded to the RFP. They were Mascaro; WMI; Republic Waste Services, Inc.; County Waste of PA; Advanced Disposal Services, FCC; and Progressive Waste Solutions. Five of the proposers submitted technical and pricing proposals, while two, Republic Waste Services, Inc. and Progressive Waste Solutions, submitted in writing that they were declining to propose. (Stipulated Finding of Fact, 22.) 43. At the time of the announcement on October 15, 2015, at 3:00 p.m., the price proposals of the proposers were not opened, but rather were taken into custody by the City’s Purchasing Department. No mention of when these price proposals would be opened or disclosed was made. (Stipulated Finding of Fact, 23.) 44. On October 16, 2015, Attorney Fox sent a letter to the City’s Purchasing Agent. (Stipulated Finding of Fact, 24.) 45. Pursuant to the October 16, 2015 correspondence, Attorney Fox demanded ‘that the City immediately provide [Mascaro] with copies of the Cost Proposals submitted by each of the bidders’ ‘[s]ince the City did not open, read or disclose the bid numbers as required, and since it has not made those bid numbers available for public inspection.’ (Stipulated Exhibit E.) 46. After the technical proposals were opened, an evaluation committee was formed to review the technical proposals; 23 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 973 a meeting was held on October 19, 2015. (N.T., pp. 79-80; Defendant’s Exhibit 5.) 47. GBB created a complex and technical spreadsheet and a table for economic analysis in order to fairly evaluate all of the information that came in from the Proposals. The information was provided in a five-year and seven-year summation of what the proposal options were from each proposer. The compilation of data was provided to the City’s staff and an evaluation committee. (N.T. pp.116-18.) 48. The committee met and three proposers were selected to be shortlisted as companies still being considered for the RFP: FCC, J.P. Mascaro & Sons, and WMI. (N.T. pp. 79-90, 136; Defendant’s Exhibit 5.) 49. The cost/pricing proposals of the proposers were opened by the City on or about Monday October 19, 2015, but the [] prices of the proposers were not read publicly, nor were they ever made available for public inspection. (Stipulated Finding of Fact, 25.) 50. The cost proposals were opened in the presence of the City Controller’s Office. The names of the companies were read and identified on the tabulation memo for this RFP. (N.T. pp.132-33.) 51. Clarification letters were sent to the shortlisted companies in order for those companies to clarify their cost proposals to ensure that the correct numbers were being compared during the evaluation. (N.T. p. 137.) 52. The cost proposals were forwarded to the Evaluation Committee and the Evaluation Committee recommended that WMI be awarded the contract. (N.T. p. 81.) 53. The City awarded the MSW&R Contract without ever disclosing the pricing numbers in the proposals to the proposers or to the public at large. (Stipulated Finding of Fact, 26.) 54. The City awarded the MSW&R Contract to WMI, contingent upon approval by City Council. (Stipulated Finding of Fact, 27.) 24 Lehigh 7-17 op 974 Solid Waste Svcs. vs. City of Allentown et al. 55. The City awarded the contract to WMI by letter dated October 30, 2015. The letter stated: ‘The award of this contract is contingent upon approval by City Council. Do not order any materials or equipment, begin work or make any other financial commitments concerning this matter until you are in possession of a signed contract by both parties.’ (Plaintiffs’ Exhibit 10.) 56. On October 30, 2015, the City sent a [rejection] letter to Mascaro regarding the award of the MSW&R Contract. (Stipulated Finding of Fact, 28.) 57. On November 4, 2015, Attorney Fox spoke at the regular public meeting of City Council. (Stipulated Finding of Fact, 29.) 58. On November 6, 2015, Attorney Fox sent a letter to the President of City Council and all City Council members. (Stipulated Finding of Fact, 30.) 59. On November 30, 2015, City Council held a special meeting. (Stipulated Finding of Fact, 31.) 60. At the November 30, 2015 City Council special meeting, the City Administration placed before City Council Resolution No. 73, a Request for Approval by City Council of Contract Award, Service or Contract Price Increase Pursuant to City Ordinance, Article 130.16. (Stipulated Finding of Fact, 32.) 61. At the November 30, 2015 special meeting, Attorney Fox spoke to City Council. (Stipulated Finding of Fact, 33.)[4] 62. At the November 30, 2015 special meeting, City Council, by a six-to-one vote, tabled consideration of Resolution No. 73. (Stipulated Finding of Fact, 34.) 63. On December 9, 2015, City Council again considered Resolution No. 73. (Stipulated Finding of Fact, 35.) 4 Plaintiffs’ counsel was given the opportunity to have the substance of the November 30, 2015 City Council meeting reduced to a transcript and admitted as part of the record of this matter. No transcript was ever received by this court. 25 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 975 64. At the December 9, 2015 meeting, Attorney Fox spoke to City Council. (Stipulated Finding of Fact, 36.) 65. The City’s ‘Request for Approval’ attached to Resolution No. 73 required the contract to be identified as one of three categories. The WMI award was categorized as follows: ‘The contract is for the engagement of professional services. We have received and reviewed a proposal or proposals for professional services in connection with above referenced project or requirement for professional services. We recommend award of the contract.’ (Stipulated Finding of Fact, Exhibit H.) 66. At the December 9, 2015 meeting, City Council, as recommended by the City Administration, voted to approve the award of the MSW&R Contract to WMI. (Stipulated Finding of Fact, 37.) 67. On January 8, 2016, the City Solicitor’s Office sent WMI the Agreement pursuant to RFP 2015-24 for signature. (Plaintiffs’ Exhibit 14.) 68. The Agreement was entered between the City and WMI for the municipal solid waste and recyclables collection, disposal and related services on February 15, 2016. (Plaintiffs’ Exhibit 15.) 69. The Agreement provided the following provision: ‘The CONTRACTOR’s Proposal stipulates and details the Value Added Services that will be provided to the CITY. These Value Added Services and all costs and pricing submitted by the CONTRACTOR in Appendix VI of RFP 2015-24, and as part of the Proposal, shall be included under the terms of the Contract.’ (Plaintiffs’ Exhibit 15.) Conclusions of Law 1. The MSW&R Contract is a contract for services. 2. Defendant City of Allentown is a third-class city operating under the Home Rule Charter form of governance under the Home Rule Charter and Optional Plans Law, 53 Pa.C.S.A. §2901 et seq. 26 Lehigh 7-17 op 976 Solid Waste Svcs. vs. City of Allentown et al. 3. The City is governed by its Home Rule Charter and Administrative Code. 4. The Home Rule Charter liberally construes the powers of the City in favor of the City, and specific mention of particular powers in the Home Rule Charter does not limit the general powers granted by the Home Rule Charter. Home Rule Charter §105(A). 5. The Home Rule Charter provides that ‘[a]ll purchases of materials, supplies, equipment and services by the City government shall be made through competitive processes, with evidence available to demonstrate broad solicitation of suppliers and opportunities for participation in the acquisition process; and the value received for the money paid.’ Home Rule Charter §815A. 6. The Home Rule Charter provides for the adoption of a Code for the governing of policies necessary to effectively administer a system of competitive purchasing for the City. Home Rule Charter §815B. 7. The Administrative Code delineates types of contracts that are required to be awarded to the lowest responsible bidder. Administrative Code §130.16B(1) and (2). 8. The language of the Administrative Code §130.16B is clear and free from ambiguity and should be given its plain meaning. 9. The Administrative Code §130.16B does not require service contracts to be awarded to the lowest responsible bidder. 10. The lack of policies regarding the solicitation of service contracts in the Administrative Code does not limit the power of the City to govern the solicitation of service contracts according to its Home Rule Charter. 11. Service contracts must be solicited via a competitive process, ‘with evidence available to demonstrate broad solicitation of suppliers and opportunities for participation in the acquisition process; and the value received for the money paid.’ Home Rule Charter §815A. 27 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 977 12. The RFP used to solicit the MSW&R Contract demonstrated broad solicitation of suppliers and opportunities for participation in the acquisition process. 13. The compilation of the technical and cost proposals as summarized by spreadsheets prepared by professional consultants and evaluated by an evaluation committee establishes a competitive process with evidence of the value received for the money paid. 14. Plaintiffs did not establish a clear right to relief as required for permanent injunctive relief. Discussion Plaintiffs assert that the City illegally used a request for proposal process instead of an invitation to bid to solicit the MSW&R Contract. The City asserts that it is permitted to use the request for proposal process for such solicitation pursuant to its Home Rule Charter and Administrative Code. Plaintiffs request a permanent injunction to invalidate the MSW&R Contract, prevent performance pursuant to said Contract, and prevent the City from awarding any contract in response to the RFP. In order to establish a claim for a permanent injunction, “the plaintiff must establish a clear right to relief, that there is an urgent necessity to avoid an injury which cannot be compensated for by monetary damages, and that greater injury will result from refusing rather than granting the relief requested.” Richard Allen Preparatory Charter School v. School District of Philadelphia, 123 A.3d 1101, 1107 (Pa. Commw. 2015). We first address whether Plaintiffs have established a clear right to relief. The contract at issue describes the work to be performed as: The ‘Work’ shall include the furnishings of all labor, materials, vehicles, containers, equipment, bonds, insurance, licenses, permits, supplies, tools, tipping fees and all other items incidental to performing the prompt and efficient collection, removal, transportation and disposal of all MSW, Yard Waste and Recyclables for all residences, special events and 28 Lehigh 7-17 op 978 Solid Waste Svcs. vs. City of Allentown et al. commercial entities and all other work as necessary to properly perform the work, as set forth in the Contract. The City’s RFP §10.4. The work described above is related to the collection and disposal of municipal solid waste and recyclables and includes typical language of a service contract, which is what the City considers it. N.T. pp. 176-77. Therefore, it is necessary to determine how the City is required to solicit service contracts. The City is a third-class city operating under the Home Rule Charter form of governance under the Home Rule Charter and Optional Plans Law, 53 Pa. C.S.A. §2901 et seq. The City has adopted both a Home Rule Charter and an Administrative Code. Looking first to the general language of the Home Rule Charter, it provides: “[t]he City shall have the power to exercise any power or to perform any function not denied by the Constitution of the United States, by the Constitution of Pennsylvania, by act of the General Assembly of Pennsylvania, or by this Charter.” Home Rule Charter §102. Further, it states, “[a]ll powers of the City shall be exercised as provided by this Charter, or if the Charter makes no provision, as provided by ordinances or resolutions of the City Council.” Home Rule Charter §103. Finally, “[t]he powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this Article.” Home Rule Charter §105(A). More specifically, the Home Rule Charter provides the following language regarding bidding: Section 815 BIDDING PROCESS A. Competition Principle All purchases of materials, supplies, equipment and services by the City government shall be made through competitive processes, with evidence available to demonstrate broad solicitation of suppliers and opportunities for participation in the acquisition process; and the value received for the money paid. B. Competitive Policies Code Consistent with applicable Federal and State laws, the Council shall adopt and may amend, by Ordinance, a Code 29 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 979 for the establishment, regulation, and maintenance of a competition system; governing the policies necessary to effectively administer a system of competitive purchasing for the City government. This Code may include but is not limited to: 1) establishing varied procedures for types of services or materials to be acquired; 2) setting the dollar limits which would require: a) verbal solicitation of price quotes with a written record; b) written price quotes after informal solicitation; and c) formal public solicitation of written price quotes after public advertising; 3) establishing procedures for determining sole source contract awards; 4) policies regarding minority or local resident preference; and 5) policies and procedures to encourage the use of contemporary purchasing techniques such as reverse auctioning and electronic commerce. Home Rule Charter §815. Pursuant to the language of the Home Rule Charter, services purchased by the City shall be made through “competitive processes” and City Council shall adopt a Code for the “establishment, regulation, and maintenance of a competition system; governing the policies necessary to effectively administer a system of competitive purchasing for the City government.” Home Rule Charter §815. An Administrative Code has been adopted pursuant to the City’s Home Rule Charter, and provides, in part, as follows: 130.16 CONTRACTS A. Administration 1. Contract administration for the City including but not limited to authority as to preparation of specifications, letting of bids, award of contracts and payment of bills, shall be vested in the Mayor and the Department of Finance to be exercised in accordance with procedures adopted by the Mayor, on file with City Council, and consistent with the requirements set forth herein. (a) For the award of contracts or the engagement of professional services, coordination with and approval by 30 Lehigh 7-17 op 980 Solid Waste Svcs. vs. City of Allentown et al. Resolution of City council prior to contract or engagement execution is required. ... (b) For the award of all contracts over $40,000 that are required to be bid, recommendation of the lowest responsible bidder by the Department of Administration and approval by Resolution of City Council prior to contract execution are required. (c) For all contracts over $40,000 that are required to be bid whenever an increase by 10% or more is recommended by the Administration, resubmission to City Council and approval by Resolution prior to execution of any increase are required. (d)—(g) ... (h) All bid, contract and engagement contracts with the exception of legal counsel exempt under the provisions of the Home Rule Charter shall contain language noting such engagement is subject to Council approval by resolution at a public meeting. Section 130.16A. Section 130.16A of the Administrative Code governs the competitive procedures under which the City awards contracts. The waste management contract is not a contract for the engagement of professional services; therefore, subsection (a) does not apply. Additionally, there was no evidence submitted to support that the service contract falls under subsection (c). Accordingly, it is necessary to determine whether the waste management service contract is one that is required to be bid pursuant to subsection (b). We turn to Administrative Code §130.16B for the procedures specific to bids: B. Bidding Process 1. Whenever the estimated cost of any construction, erection, installation, completion, alteration, repair of, or addition to, any project subject to the control of the City shall exceed Forty Thousand ($40,000) Dollars; it shall be the duty of the City to have such work performed pursuant to a contract 31 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 981 awarded to the lowest responsible bidder, after advertisement for bids. Every such contract shall contain a provision obligating the contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not the said material, labor, equipment or service enter into and become component parts of the work or improvement contemplated. Such provision shall be deemed to be included for the benefit of every person, partnership, association or corporation who, as subcontractor or otherwise, has furnished material, supplied or performed labor, rented equipment or services in or in connection with the prosecution of the work as aforesaid, and the inclusion thereof in any contract shall preclude the filing of any such person, partnership, association or corporation of any mechanics’ lien claim for such material, labor or rental of equipment. 2. Whenever the estimated costs of any purchase of supplies, materials or equipment or the rental of any equipment, whether or not the same is to be used in connection with the construction, erection, installation, completion, alteration, repair of, or addition to, any project subject to the control of the City, shall exceed Forty Thousand ($40,000) Dollars, it shall be the duty of the City to have such purchase or rental made pursuant to a contract awarded to the lowest responsible bidder, after advertisement for bids ... a. The City shall not evade the provisions of subsection (a) or (b) as to advertising for bids by purchasing materials or contracting for services piecemeal for the purpose of obtaining prices under Forty Thousand ($40,000) Dollars upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than Forty Thousand ($40,000) Dollars. ... b. Written or telephonic price quotations from at least three (3) qualified and responsible contractors or vendors shall be requested for all contracts that exceed Ten Thousand ($10,000) Dollars but are less than the amount requiring 32 Lehigh 7-17 op 982 Solid Waste Svcs. vs. City of Allentown et al. advertisement and competitive bidding or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market area within which is its practicable to obtain quotations. Administrative Code §130.16B. In reading the Administrative Code, we must keep in mind the rules of statutory construction, which provide in part: (a) The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions. (b) When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit. 1 Pa. C.S.A. §1921. Plaintiffs assert that the waste management service contract is a contract that is “required to be bid” pursuant to Administrative Code §130.16(A)(1)(b), because it falls within the language of §130.16(B)(1). Plaintiffs argue, “[t]hus, 130.16(B) Bidding Process makes it clear that contracts for performing work, including “contracting for services,” in the City (“any project subject to control of the City”), in excess of $40,000 must be awarded to the “lowest responsible bidder” pursuant to a fixed competitive bid solicitation. See Plaintiffs’ Post-Hearing Memorandum filed with the Clerk of Judicial Records—Civil Division on March 11, 2016, p. 16. However, Plaintiffs’ reading of §130.16(B)(1) is disingenuous as it is clear that the language “any project subject to the control of the City” applies only to the specific words it follows. Accordingly, it is only when the estimated cost of any construction, erection, installation, completion, alteration, repair of, or addition to, any project subject to the control of the City that the contract be awarded to the lowest responsible bidder. The waste management contract is not a construction project, erection or installation project, and is not involved in the completion of, repair of or addition to any project. It is a service contract, a type of contract not listed in the categories of contracts required to be bid. 33 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 983 The language set forth in the “Bidding Process” is clear and unambiguous. Sections “1” and “2” provide specific examples of contracts that require competitive bidding. The definitive list of contracts set forth in the two provisions does not include service contracts. Plaintiffs contend that although the word “service” is not in the list of contracts specified in the first provision, we should add the category of contracts to the list because the remaining language of that provision puts service contracts within the purview of the mandatory bidding requirement. Plaintiffs assert that the second sentence of Section 130.16(B)(1) establishes that “service” contracts are included.5 The second sentence states: Every such contract shall contain a provision obligating the contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not the said material, labor, equipment or service enter into and become component parts of the work or improvement contemplated. Again, Plaintiffs’ interpretation of the Administrative Code is not consistent with the actual language provided therein. “Every such contract” refers to the definitive list of contracts provided in the first sentence, which did not include service contracts. Therefore, the second sentence does not apply to service contracts. In addition, the remainder of the sentence as it relates to “services,” requires the contracts for the specified projects to include a provision for the contractor’s prompt payment of all services rendered by public utilities in connection with the work. Such language does not in any way impute service contracts into the realm of competitive bidding; it simply provides a mechanism for contractor See Plaintiffs’ Post-Hearing Memorandum filed with the Clerk of Judicial Records—Civil Division on March 11, 2016, pp. 17-18, in which Plaintiffs state: “For instance, the second sentence of (B)(1): ‘Every such contract shall contain a provision obligating the contractor to the prompt payment of material furnished, labor supplied or performed … and services rendered … with the prosecution of the work, whether or not said material, labor equipment or services enter into and become component parts of the work or improvement contemplated’ establishes that ‘service’ contracts are included.” 5 34 Lehigh 7-17 op 984 Solid Waste Svcs. vs. City of Allentown et al. payment of services rendered by public utilities for other types of projects. This sentence does not provide any basis for this court to add language to the provision to include service contracts. Plaintiffs similarly argue that the last sentence in Section 130.16(B)(1) is a clear indication that the waste management contract falls within the category of competitive bidding. Plaintiffs fail to elaborate on how such a sentence supports their interpretation. The final sentence of Section 130.16(B)(1) establishes that the provision required in the enumerated list of contracts obligating the contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed and services rendered by public utilities precludes the filing of any mechanics’ lien claim for such material, labor or rental of equipment. There is nothing in the language of the last sentence that remotely expands the list of contracts that require competitive bidding. The plain language of the Administrative Code makes it clear that service contracts are not in the category of contracts that require bid solicitation. We are not in a position to add “service contracts” to the list of enumerated contracts required to be bid. We find the omission of such contracts deliberate. See Veterans of Foreign Wars Post 1989 v. Indiana County Board of Assessment Appeals, 954 A.2d 100, 106 (Pa. Commw. 2008) (citing Commonwealth v. Ostrosky, 589 Pa. 437, 446 n.7, 909 A.2d 1224, 1229 n.7 (2006)); Black’s Law Dictionary 620 (8th ed. 2004). Because the Administrative Code does not require a service contract to be bid, we must determine what is required for the solicitation of service contracts. Plaintiffs argue that if the Home Rule Charter and Administrative Code are silent as to how service contracts are to be awarded, “then, under 5[3] Pa.C.S.A. § 2971 of the Home Rule Charter and Optional Plans Law, the general law applicable to Third Class Cities would apply, and under that general law (i.e., Third Class City Code, 53 P.S. § 36901.1), all contracts, including service contracts, greater than $18,500 are to be awarded to the lowest responsible bidder after advertising and competitive bidding.” Plaintiffs’ Post-Hearing Memorandum, filed 35 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 985 with the Clerk of Judicial Records—Civil Division on March 11, 2016, p. 19, f.n. 11. The City responds that its Home Rule Charter governs service contracts and the Third Class City Code does not govern this issue. Pennsylvania law provides: A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter. All grants of municipal power to municipalities governed by a home rule charter under this subchapter, whether in the form of specific enumeration or general terms, shall be liberally construed in favor of the municipality. 53 Pa. C.S.A. §2961. Such broad grant of power is enumerated in both the Home Rule Charter and the Administrative Code. The Home Rule Charter and Administrative Code provide, “[t]he powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this Article.” City of Allentown, Home Rule Charter, §105; Administrative Code §100.05A. Pennsylvania statutory authority together with the Home Rule Charter and Administrative Code provide the authority for the City to determine how service contracts should be solicited, and those regulations supersede the Third Class City Code. The Administrative Code provides the policies necessary to effectively administer a system of competitive purchasing for the City. The Administrative Code does not delineate how the City is to solicit service contracts. Therefore, it is necessary to go back to the broader language of the Home Rule Charter which provides: “all purchases of ... services by the City government shall be made through competitive processes, with evidence available to demonstrate broad solicitation of suppliers and opportunities for participation in the acquisition process; and the value received for the money paid.” Home Rule Charter §815A. 36 Lehigh 7-17 op 986 Solid Waste Svcs. vs. City of Allentown et al. The RFP6 for the MSW&R Contract was sent to companies and individuals identified as potentially interested in the RFP. N.T. pp. 130, 134. The RFP was also advertised on the City’s website and in various trade journals. Id. A pre-proposal meeting was held to address any questions of potential proposers. N.T. pp. 130-31. Such efforts constitute evidence of broad solicitation of suppliers and opportunities for participation in the acquisition process. The purchase of the waste management services was required to be made via a competitive process. The City and proposers did not negotiate price. N.T. p. 144. An evaluation committee reviewed the technical proposals and a complex spreadsheet was created to compare the different technical components of the proposals. N.T. pp. 79-80, 116-18; Defendant’s Exhibit 5. The cost proposals were opened and were compared by a cost review evaluation committee during meetings held on October 19, 20, 21, 22, 23, 24, 26, and 27 of 2015. N.T. p. 174. The technical evaluations were scored and compared with the cost proposal scoring. N.T. p. 175. The contract was awarded based on the scores of both the technical and cost proposals. We find such process to evidence both competition among proposers and to establish the value of the services received for the money paid. Accordingly, the RFP solicitation for the MSW&R Contract constitutes a competitive process as required by Home Rule Charter §815A and included the necessary evidence of broad solicitation, opportunities for participation and evidence of the value received for the money paid. Therefore, the RFP was a proper mechanism for waste management solicitation. Because this request for proposal was consistent with the requirements of the “competitive process” set forth in the Home Rule Charter and because the Administrative Code did not specify any additional or contrary solicitation procedures for a services contract, we find that Plaintiffs cannot establish a clear right to relief as required for a permanent injunction. Plaintiffs’ request for relief is denied. 6 We note that Plaintiffs do not contend that there was an error with the RFP process; Plaintiffs argue that the error was that the RFP process was employed. See Notes of Testimony, pp. 166-71. 37 Lehigh 7-17 op Solid Waste Svcs. vs. City of Allentown et al. 987 DECREE NISI And now, this 10th day of May, 2016, after a non-jury trial conducted before the undersigned on February 23, 2016, and upon consideration of the record, the briefs filed by the parties, and after oral argument on March 24, 2016, and for the reasons expressed in the accompanying Adjudication, IT IS DECREED that this Decree is entered in favor of Defendants, City of Allentown and Waste Management of Pennsylvania, Inc. and against Plaintiffs, Solid Waste Services, Inc. d/b/a J.P. Mascaro & Sons, M.B. Investments, and Jose Mendoza. IT IS FURTHER DECREED that Plaintiffs’ request for permanent injunctive relief to invalidate the City of Allentown’s award of the solid waste collection and recycling contract to Waste Management of Pennsylvania, Inc. is DENIED. IT IS FURTHER DECREED that this Decree shall become final unless post trial motions are filed pursuant to Pennsylvania Rule of Civil Procedure 227.1(c)(2) within ten days of the filing of the Adjudication in the within matter. 38 Lehigh 7-17 op LEHIGH LAW JOURNAL ESTATE AND TRUST NOTICES Executor: Narong Wayne Cadwallader, 3013 East Bay, Williamsburg, VA 23185. Notice is hereby given that, in the estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below. Christman, Elsie M., dec’d. Late of Allentown. Executrix: Mildred H. Carr c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Geiger, Ruth C., dec’d. Late of New Tripoli. Executors: Michael H. Geiger, 5820 Dogwood Drive, New Tripoli, PA 18066 and Steven H. Geiger, 4045 Fireline Road, Palmerton, PA 18071. Attorneys: Charles W. Stopp, Esquire, Steckel & Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080. FIRST PUBLICATION Barner, Nana R. a/k/a Nana Rae Barner, dec’d. Late of Allentown. Executor: Joseph M. Barner, II a/k/a Joseph Barner c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104. Attorneys: Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104. Glascom, Sally L., dec’d. Late of 450 N. Krocks Road, Allentown. Executor: Gary Glascom c/o Linda S. Luther-Veno, Esquire, 1605 N. Cedar Crest Blvd., Suite 106, Allentown, PA 18104. Attorney: Linda S. Luther-Veno, Esquire, 1605 N. Cedar Crest Blvd., Suite 106, Allentown, PA 18104. Brady, Kevin S., dec’d. Late of Allentown. Executor: Timothy Brady c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Cadwallader, Wayne Richard a/k/a Wayne R. Cadwallader, dec’d. Late of Whitehall. 39 Gruber, George S., dec’d. Late of Orefield. Executors: Marvin L. Gruber, 7351 Fort Everett Road, New Tripoli, PA 18066 and Shirley E. Sohon, 1390 Pottsville Pike, Shoemakersville, PA 19555. Attorneys: Charles A. Waters, Esquire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080. LEHIGH LAW JOURNAL Lacko, Michael, dec’d. Late of North Whitehall. Administrator: Matthew Lacko. Attorney: David M. Roth, Esquire, 123 North Fifth Street, Allentown, PA 18102. Co-Executrices: Lois A. Reinoehl a/k/a Lois Reinoehl and Kay E. Leisey c/o Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051. Attorney: Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051. Linde, Shirley A., dec’d. Late of Allentown. Administrator: Donald M. Hartman c/o Steven A. Litz, Esquire, 4744 Hamilton Boulevard, Allentown, PA 18103. Attorney: Steven A. Litz, Esquire, 4744 Hamilton Boulevard, Allentown, PA 18103. Reitz, James T., dec’d. Late of Allentown. Executrix: Marianne K. Fegely c/o Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062. Attorney: Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062. Little, Raymond C., dec’d. Late of 3245 W. Highland Street, Allentown. Executrix: Kathleen Mary Hess, 3245 W. Highland Street, Allentown, PA 18104. Attorneys: Joshua D. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northampton, PA 18067. Rosto, Antoinette C., dec’d. Late of Macungie. Co-Administrators: Michael J. Rosto and Maribeth J. Ward c/o Bruce W. Weida, Esq., 245 Main Street, Emmaus, PA 18049. Attorney: Bruce W. Weida, Esq., 245 Main Street, Emmaus, PA 18049. Moll, Earle W. a/k/a Earl W. Moll a/k/a Earle Moll a/k/a Earl Moll, dec’d. Late of Coopersburg. Executrix: Bonnie Dwinal, 263 Bulka Road, Houtzdale, PA 16651. Attorneys: Keith R. Pavlack, Esquire, Pavlack Law Offices, P.C., 1415 Blakeslee Blvd. Dr. E., Lehighton, PA 18235. Schaeffer, Eleanor M., dec’d. Late of the City of Allentown. Co-Administrators: Forrest R. Schaeffer, Donna M. Hertzog and Judith A. Condravy c/o Edward H. Butz, Esquire, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Attorneys: Edward H. Butz, Esquire, Lesavoy Butz & Seitz LLC, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Ondrejca, Mildred A., dec’d. Late of Coopersburg. Administratrices: Juliann M. Skoff, 1726 Madison Avenue, Dunmore, PA 18509 and Marie C. Kent, 528 Station Avenue, Coopersburg, PA 18036. Schanz, Bruce C., dec’d. Late of Zionsville. Executor: Michael J. Schanz c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Reinoehl, Glenn Maynard a/k/a Glenn M. Reinoehl, dec’d. Late of Lower Macungie Township. 40 LEHIGH LAW JOURNAL Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Attorney: Steven A. Litz, Esquire, 4744 Hamilton Boulevard, Allentown, PA 18103. SECOND PUBLICATION Schuck-Hartranft, Gretchen P. a/k/a Gretchen P. Schuck, dec’d. Late of Washington Township. Administrator: Chris Lee Hartranft, 8106 Park Street, Slatedale, PA 18079. Anthony, Helen T., dec’d. Late of Macungie. Administratrices: Nancy H. Anthony and Donna K. Kipila c/o Reich & Furst Law Offices, 1227 W. Liberty Street, Suite 203, Allentown, PA 18102. Attorneys: James L. Reich, Esquire, Reich & Furst Law Offices, 1227 W. Liberty Street, Suite 203, Allentown, PA 18102, (610) 433-2430. Thomas, Jay a/k/a Jay J. Thomas a/k/a Jay Jeffrey Thomas, dec’d. Late of Allentown. Executors: Terry M. Thomas and Megan A. Thomas c/o William J. Fries, Esquire, The Atrium, 2895 Hamilton Boulevard, Suite 106, Allentown, PA 18104. Attorney: William J. Fries, Esquire, The Atrium, 2895 Hamilton Boulevard, Suite 106, Allentown, PA 18104. Barth, John C., dec’d. Late of the Township of Lower Macungie. The John C. and Myra R. Barth Revocable Trust Dated February 4, 2009. Trustee: Beverly A. Dress c/o Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020. Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020. Trexler, Arlene M., dec’d. Late of Allentown. Executrix: Mabel A. Widrick. Attorneys: Robert M. Knauer, Esquire, Knauer & Davenport, 143 North Eighth St., Allentown, PA 18101. Bernini, Serafina H. a/k/a Sarah H. Bernini, dec’d. Late of Bethlehem. Executor: Michael Bernini c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Unger, Frederick A. a/k/a Frederick A. Unger, Sr., dec’d. Late of Allentown. Executor: Robert J. Unger, 444 E. Tioga Street, Allentown, PA 18103. Attorney: Marc Kranson, Esquire, 523 Walnut Street, Allentown, PA 18101. Warg, Eleanor H., dec’d. Late of Macungie. Executor: Steven A. Litz, Esquire, 4744 Hamilton Boulevard, Allentown, PA 18103. 41 Faul, Elaine C. a/k/a Elaine Y. Faul a/k/a Elaine Faul, dec’d. Late of Macungie. Executrix: Cathy E. Faul f/k/a LEHIGH LAW JOURNAL Cathy Elaine Morgan c/o Nancy K. Busch, Esquire, 825 North 19th Street, Allentown, PA 18104. Attorney: Nancy K. Busch, Esquire, 825 North 19th Street, Allentown, PA 18104. Executor: Robert D. Kudlak, Jr. c/o Bradley D. Terebelo, Esq., 100 Four Falls, Ste. 300, West Conshohocken, PA 194282950. Attorneys: Bradley D. Terebelo, Esquire, Heckscher, Teillon, Terrill & Sager, P.C., 100 Four Falls, Ste. 300, West Conshohocken, PA 19428-2950. Green, Mary B. a/k/a Mary Stauffer Green a/k/a Mary B. Wilkey a/k/a Mary I. Wilkey, dec’d. Late of Lower Milford Township. Executors: Carole E. Wilkey, 9303 Landis Lane, E. Greenville, PA 18041 and Robert H. Wilkey, 2261 Saylor School Road, Hollsopple, PA 15935. Attorney: William S. Ravenell, Esquire, 166 Allendale Road, King of Prussia, PA 19406. Mortimer, Joanne S., dec’d. Late of 4762 Parkview Drive South, Lower Macungie Township. Executor: Charles E. Mortimer, Jr. c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Kalady, Mary R. a/k/a Mary Kalady a/k/a Mary C. Kalady, dec’d. Late of Whitehall. Administratrix: Alexis Stengel c/o The Orloski Law Firm, 111 N. Cedar Crest Blvd., Allentown, PA 18104. Attorneys: The Orloski Law Firm, 111 N. Cedar Crest Blvd., Allentown, PA 18104. Olsovsky, David C. a/k/a David Charles Olsovsky a/k/a David Olsovsky, dec’d. Late of South Whitehall Township. Executrix: Denise I. Hill c/o James R. Wishchuk, JD, Esquire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360. Attorney: James R. Wishchuk, JD, Esquire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360. Keller, Mary E., dec’d. Late of Whitehall. Administratrix: Judith A. Krutsick c/o William J. Fries, Esquire, The Atrium, 2895 Hamilton Boulevard, Suite 106, Allentown, PA 18104. Attorney: William J. Fries, Esquire, The Atrium, 2895 Hamilton Boulevard, Suite 106, Allentown, PA 18104. Pammer, Walter I., dec’d. Late of Whitehall Township. Executor: Gary Neiman c/o Emily A. Zettlemoyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049. Attorneys: Emily A. Zettlemoyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049. Kudlak, Patricia Ann a/k/a Patricia A. Kudlak, dec’d. Late of the City of Allentown. 42 LEHIGH LAW JOURNAL Rishcoff, Bernardine A. a/k/a Bernardine Ann Rishcoff a/k/a Bernardine Rishcoff a/k/a Bernadine A. Rishcoff, dec’d. Late of 3017 Ithaca Street, Allentown. Personal Representative: Christopher P. Rishcoff c/o James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 180492916. Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916. Volpe, Darla J., dec’d. Late of 1316 West Linden Street, Allentown. Executor: Edward P. Sheetz, Esquire, Gardner, Racines & Sheetz, 5930 Hamilton Boulevard, Suite 106, Allentown, PA 18106. Attorneys: Edward P. Sheetz, Esquire, Gardner, Racines & Sheetz, 5930 Hamilton Boulevard, Suite 106, Allentown, PA 18106. THIRD PUBLICATION Auman, Mary L., dec’d. Late of Allentown. Executrix: Sheryl Ann Stephens c/o Noonan & Prokup, 526 Walnut Street, Allentown, PA 18101-2394. Attorneys: Noonan & Prokup, 526 Walnut Street, Allentown, PA 18101-2394. Salash, Fannie, dec’d. Late of the City of Bethlehem. Executrix: Gloria Walson, 3601 W. Congress Street, Allentown, PA 18104. Attorney: James J. Holzinger, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016. Boandl, Glenn, dec’d. Late of Allentown. Executor: Richard Boandl c/o Martin J. Karess, Esquire, 215 North 9th Street, Allentown, PA 18102. Attorney: Martin J. Karess, Esquire, 215 North 9th Street, Allentown, PA 18102. Schaffer, Irene A., dec’d. Late of South Whitehall Township. Executor: Mr. James C. Flexer c/o Emily A. Zettlemoyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049. Attorneys: Emily A. Zettlemoyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049. Trani, Angelo F., dec’d. Late of Allentown. Administrators: Louise Furo and John Lombardo c/o David M. Roth, Esquire, 123 North Fifth Street, Allentown, PA 18102. Attorney: David M. Roth, Esquire, 123 North Fifth Street, Allentown, PA 18102. Brobst, Edgar A., Jr., dec’d. Late of 534 Third St., #502, Catasauqua. Executor: Edgar A. Brobst, III, 4391 South 5th St., Emmaus, PA 18049. 43 Buckley, Dolores B., dec’d. Late of Allentown. Executor: Andrew J. Magyar c/o James J. McConnell, Esquire, 526 North St. Cloud Street, Allentown, PA 18104. Attorney: James J. McConnell, Esquire, 526 North St. Cloud Street, Allentown, PA 18104. LEHIGH LAW JOURNAL Charles, Doris A., dec’d. Late of 1235 N. Marshall Street, South Whitehall Township. Executors: Bruce D. Charles and Ted W. Charles c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. 702 Hamilton Street, Suite 300, Allentown, PA 18101. Attorneys: Andrew V. Schantz, Esquire, Davison & McCarthy, 702 Hamilton Street, Suite 300, Allentown, PA 18101. Everhard, Elsie E., dec’d. Late of the City of Allentown. Executors: Larry R. Everhard and Marjorie L. Shuryn c/o John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Attorney: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Charles, Theodore W., dec’d. Late of 1235 N. Marshall Street, South Whitehall Township. Executors: Bruce D. Charles and Ted W. Charles c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Fekula, Adam J., dec’d. Late of Bethlehem Township. Executrices: Joan D. Fekula and Kathlene Fekula Cutcliffe c/o Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961. Attorney: Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961. Christofaro, Richard D., dec’d. Late of the City of Allentown. Executrix: Mary R. Baglini c/o John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Attorney: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Gabriel, George P., dec’d. Late of South Whitehall Township. Co-Executrices: Virginia E. Vidoni, Alice Gabriel and Renee Hanson c/o Edward H. Butz, Esquire, Lesavoy Butz & Seitz LLC, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Attorneys: Edward H. Butz, Esquire, Lesavoy Butz & Seitz LLC, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Dengler, Frank R., dec’d. Late of 2550 Route 100, Orefield. Executrix: Clarabelle I. Dengler, 2550 Route 100, Orefield, PA 18069. Attorney: William G. Malkames, Esq., 509 W. Linden Street, Allentown, PA 18101-1415. Edick, Richard, dec’d. Late of South Whitehall Township. Executrix: Gloria-Jean Edick c/o Andrew V. Schantz, Esquire, Davison & McCarthy, Hart, John T., dec’d. Late of Macungie. Executrix: Patricia J. Hart c/o Michael Ira Stump, Esquire, 44 LEHIGH LAW JOURNAL 207 E. Main Street, Suite 100, Macungie, PA 18062. Attorney: Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062. voy Butz & Seitz LLC, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Attorneys: Edward H. Butz, Esquire, Lesavoy Butz & Seitz LLC, 7535 Windsor Drive, Suite 200, Allentown, PA 18195. Heil, Dolores A., dec’d. Late of Allentown. Administratrix: Sharon D. Souders, 3049 Ithaca St., Allentown, PA 18103. Attorney: Douglas S. Wortman, Esquire, 4652 Hamilton Blvd., Allentown, PA 18103. Kelly, John J., dec’d. Late of Allentown. Executrix: Laura K. Bowman c/o Noonan & Prokup, 526 Walnut St., Allentown, PA 18101. Attorneys: Noonan & Prokup, 526 Walnut St., Allentown, PA 18101. Held, Martin A., dec’d. Late of Allentown. Executor: Robert A. Faust c/o Thomas F. Traud, Jr., Esquire, 3055 College Heights Blvd., Suite 2A, Allentown, PA 18104. Attorney: Thomas F. Traud, Jr., Esquire, 3055 College Heights Blvd., Suite 2A, Allentown, PA 18104. Kessler, Barbara A. a/k/a Barbara Kessler, dec’d. Late of 1840 W. Woodlawn Street, Allentown. Administratrix: Carolyn Lenik a/k/a Carolyn Alice Lenik, 40 E. Bertsch Street, Lansford, PA 18232. Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northampton, PA 18067. Hottenstein, Delores B. a/k/a Delores Hottenstein, dec’d. Late of Upper Saucon Township. Executrix: Darlene D. Brennan. Attorneys: Gladys E. Wiles, Esquire, Snyder & Wiles, P.C., 7731 Main Street, Fogelsville, PA 18051, (610) 391-9500. Kline, Catherine M., dec’d. Late of Allentown. Executor: William F. Kline, Jr., 965 E. Fairview St., Allentown, PA 18109. Attorneys: Elizabeth B. Place, Esquire, Skarlatos Zonarich LLC, 17 S. 2nd St., 6th Fl., Harrisburg, PA 17101-2039. Hummel, Barbara Ann, dec’d. Late of Lehigh County. Executrix: Jessica Millman. Attorney: Christopher H. Meinzer, Esquire, 516 Main Street, Pennsburg, PA 18073, (215) 679-4554. Hunter, Hannah M., dec’d. Late of South Whitehall Township. Executor: John D. Hunter c/o Edward H. Butz, Esquire, Lesa- 45 Lucash, John Z., dec’d. Late of 2232 29th Street Southwest, City of Allentown. Executor: John Z. Lucash, Jr., 1730 High Ridge Road, Bethlehem, PA 18015. Attorney: Anthony B. Reardon, III, Esquire, 525 Elm Street, Reading, PA 19601. LEHIGH LAW JOURNAL Luknicki, Roman W., dec’d. Late of the City of Allentown. Administrator: Roman E. Luknicki c/o Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018. Attorneys: Robert H. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018. NOTICE OF INCORPORATION NOTICE IS HEREBY GIVEN that Articles of Incorporation have been (are to be) filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Business Corporation Law of the Commonwealth of Pennsylvania, Act of December 21, 1988 (P.L. 1444, No. 177), by the following corporation: The name of the corporation is: GREENWAY I, INC. DENNIS E. BENNER, ESQ. BENNER & TROVATO 2005 City Line Road Suite 106 Bethlehem, PA 18017 (610) 867-3900 J-24 Mertl, Joseph A., dec’d. Late of Whitehall Township. Executrix: Rebecca Laudenslager, 1324 West Wyoming St., Allentown, PA 18103. Attorney: Robert Pandaleon, Esquire, 847 N. Wahneta St., Allentown, PA 18109. Mosteller, Debra K., dec’d. Late of 419 Walnut Street, Catasauqua. Executor: Todd M. Ferryman, 958 6th Street, Side Entrance, Whitehall, PA 18052. Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northampton, PA 18067. CORPORATE FICTITIOUS NAME NOTICES NOTICE IS HEREBY GIVEN, pursuant to the provisions of Act 295 of 1982, as amended, of intention to file, or the filing of, in the Office of the Secretary of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, a certificate for the conduct of a business in Pennsylvania, under the assumed or fictitious name, style or designation of Name: ALBURTIS LAUNDROMAT with its principal place of business at: 106 S. Main Street, Alburtis, PA 18011. The name and address of the entity owning or interested in said business is: JMR Enterprises, LLC, 106 S. Main Street, Alburtis, PA 18011. Richard H. Pepper, ESQ. 801 Lehigh Street Easton, PA 18042 J-24 Snyder, Beverly Jean, dec’d. Late of the Township of Whitehall. Executrix: Cheryl Roth c/o Erv D. McLain, Esquire, 559 Main Street, Suite 214, Bethlehem, PA 18018. Attorney: Erv D. McLain, Esquire, 559 Main Street, Suite 214, Bethlehem, PA 18018. Weaver, Albert W., dec’d. Late of 1120 West Broad Street, Emmaus. Executor: Ronald A. Weaver, 4751 Mill Road, Emmaus, PA 18049. Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northampton, PA 18067. Name: THE HARP THERAPY JOURNAL with its principal place of business at: 3922 Orchard Road, Macungie, PA 18062. The name and address of the entity owning or interested in said busi46 LEHIGH LAW JOURNAL ness is: Musiatry, LLC, 3922 Orchard Road, Macungie, PA 18062. MARK S. SIGMON, ESQ. 146 East Broad Street P.O. Box 1365 Bethlehem, PA 18016 J-24 CHARTER APPLICATION— NONPROFIT NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation pursuant to the Pennsylvania Nonprofit Corporation Law of 1988, as amended. The name of the corporation is: Paws 2 Freedom The Articles of Incorporation (filing date) June 14, 2016. The purpose or purposes for which it was organized are as follows: Non-profit charitable animal rescue organization. J-24 Name: WHALE TRAIL TRADING with its principal place of business at: 1055 Cetronia Rd., Apt. Q8, Breinigsville, PA 18031. The name and address of the entity owning or interested in said business is: XXV Enterprises, LLC, 1055 Cetronia Rd., Apt. Q8, Breinigsville, PA 18031. J-24 LIMITED LIABILITY COMPANY NOTICE COMPLAINT IN CIVIL ACTION TO QUIET TITLE NOTICE IS HEREBY GIVEN that a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, pursuant to the provisions of the Limited Liability Company Law of the Commonwealth of Pennsylvania, Act of December 7, 1994 (P.L. 703, No. 106), by the following company: EARTHWORKS PROPERTY SERVICES, LLC Rebecca M. Young, Esq. Lia K. Snyder, Esq. YOUNG & YOUNG 119 E. Main Street Macungie, PA 18062 J-24 In the Court of Common Pleas of Lehigh County, Pennsylvania Civil Division ———— No. 2015-C-3657 ———— Alex N. Hahalis, Plaintiff v. Allentown Downtown Improvement District Authority et al., Defendant ———— To: Allentown Downtown Improvement District Authority You are hereby notified that Alex N. Hahalis has filed a Complaint to Quiet Title endorsed with a Notice to Defend, against you in the Court of Common Pleas of Lehigh County, Pennsylvania, Docketed to No. 2015C-3657, wherein Plaintiff seeks to have the liens recorded with the Clerk of Courts Civil Division, Lehigh County, 1999-ML-0494, 2000-ML0242, 2001-ML-362, 2002-ML-298, marked satisfied. You are hereby notified to Plead to the above referenced Complaint on or before 20 days from the date of this publication or a judgment will be entered against you. LIMITED LIABILITY COMPANY NOTICE NOTICE IS HEREBY GIVEN that on May 10, 2016, a Certificate of Organization was filed with the Pennsylvania Department of State for: Shiv Shakti, LLC in accordance with the provisions of the Limited Liability Act of 1994. MARC KRANSON, ESQ. 523 Walnut Street Allentown, PA 18101 J-24 47 LEHIGH LAW JOURNAL In re: CHARLES DOUGLAS MUSSER, Alleged Absentee (Joint Owner of Real Property with David K. Musser, deceased) ———— To: Charles Douglas Musser a/k/a C.D. Musser of Emmaus, Lehigh County, Pennsylvania, Wichita, Kansas and Springfield, Missouri, and to his heirs, next of kin and all persons interested in his estate Notice is hereby given that a petition was filed with the abovenamed Court to declare that Charles Douglas Musser also known as C.D. Musser is absentee who was last heard from in or about January, 2012, whose interest as joint owner of real property located in Lehigh County, Pennsylvania may require protection by reason of the death of the other joint owner on March 28, 2014 such that a trustee should be appointed to take charge of said interest. The Court will hear evidence concerning the alleged absence of Charles Douglas Musser a/k/a C.D. Musser, and its circumstances and duration on JULY 19, 2016, at 9:30 a.m., in Courtroom 5C, Lehigh County Courthouse, 455 West Hamilton Street, Allentown, Pennsylvania, to determine whether a trustee should be appointed to take charge of any interest that Charles Douglas Musser may have as a joint owner with right of survivorship in real property known as and located at 821 Lawrence Drive, Emmaus, Pennsylvania. All persons having any knowledge of the whereabouts of Charles Douglas Musser, also known as C.D. Musser, are requested to attend the hearing or contact the undersigned. EMILY A. ZETTLEMOYER, ESQ. Attorney ID # 0093276 Attorney for Petitioner 53 North 3rd Street Emmaus, PA 18049 (610) 967-4654 J-10, 17, 24 NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Notice to Defend Lawyer Referral Service P.O. Box 1324 Allentown, PA 18105-1324 Telephone (610) 433-7094 Pavlack Law Offices, P.C. Attorneys for Plaintiff 1415 Blakeslee Blvd. Dr. E. Lehighton, PA 18235 (570) 386-3888 J-24 NOTICE In the Court of Common Pleas of Lehigh County, Pennsylvania Orphans’ Court Division File No. 2012-1291B 48 LEHIGH LAW JOURNAL SHERIFF’S SALE OF VALUABLE REAL ESTATE Improvements thereon: A residential dwelling. Attorneys Matthew K. Fissel, Esquire KML Law Group, P.C. ——— The following Real Estate will be sold at Sheriff ’s Sale At 10:00 A.M. NO. 2 Friday, July 22, 2016 By virtue of a writ of execution No. 2013-C-2389, DLJ Mortgage Capital, Inc. v. Elias Chakef, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 1829 West Stanley Street, Allentown, PA 18104. Tax Assessment No. 549716230050-1. Improvements thereon: A residential dwelling. Attorneys Matthew K. Fissel, Esquire KML Law Group, P.C. in the Courthouse, Fifth and Hamilton Streets Allentown, Pennsylvania. Purchasers Must Immediately Pay 10% of the Purchase Price by Certified Check. TO ALL PARTIES IN INTEREST AND CLAIMANT: Upon all sales where the filing of a Schedule of Distribution is required, the said Schedule will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale, and a Deed will be delivered to the PURCHASER and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. On sales where the filing of a Schedule of Distribution is not required, a Deed will be delivered to the PURCHASER after the expiration of twenty (20) days from the date of sale, unless exceptions are taken to the sale within that period. NO. 3 By virtue of a writ of execution No. 2015-C-0903, The Bank of New York Mellon f/k/a The Bank of New York, As Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-24 c/o Specialized Loan Servicing, LLC v. Giovani Poline, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 521 W. Washington Street, Allentown, PA 18102. Tax Assessment No. 640704381716-1. Improvements thereon: Dwelling. Attorneys Richard J. Nalbandian, III, Esquire Parker McCay PA NO. 1 By virtue of a writ of execution No. 2015-C-0947, Wilmington Savings Fund Society, FSB d/b/a Christiana Trust, Not Individually But As Trustee for Pretium Mortgage Acquisition Trust v. Francisco A. Corona a/k/a Francisco Corona and Jophainee DelaCruz, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1149 North 15th Street a/k/a 1448 Pennsylvania Street, Allentown, PA 18102. Tax Assessment No. 549744198986-1. NO. 4 By virtue of a writ of execution No. 2014-C-1164, Green Tree Servicing LLC v. Leeanne Knaus and Gregory L. Knaus, owners of property situate 49 LEHIGH LAW JOURNAL in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 5040 Faith Circle, Wescosville, PA 18106. Tax Assessment No. 547593410484-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. Under the Laws of the United States of America v. Heidi L. Lennick and Robert B. Lennick, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1544 Duxbury Court, Allentown, PA 18104. Tax Assessment No. 547773311066-1. Improvements thereon: Residential Dwelling. Attorneys McCabe, Weisberg and Conway, P.C. NO. 5 By virtue of a writ of execution No. 2012-C-339, U.S. Bank National Association As Trustee for Pennsylvania Housing Finance Agency v. Melissa L. Baer, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1928 West Livingston Street, Allentown, PA 18104. Tax Assessment No. 549712975591-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. NO. 8 By virtue of a writ of execution No. 2013-C-4522, Wells Fargo Bank, N.A. v. George A. Nicklas, owner of property situate in the Township of Weisenberg, Lehigh County, Pennsylvania, being 3820 Tannery Road, New Tripoli, PA 18066. Tax Assessment No. 543744754688-1. Improvements thereon: Single family dwelling. Attorneys Manley Deas Kochalski, LLC NO. 6 NO. 9 By virtue of a writ of execution No. 2015-C-4013, Mortgage America, Inc. v. Matthew R. Holman a/k/a Matthew Holman, owner of property situate in the Borough of Catasauqua, Lehigh County, Pennsylvania, being 17 North 12th Street, Catasauqua, PA 18032. Tax Assessment No. 640849011019-1. Improvements thereon: Residential Dwelling. Attorneys Martha E. Von Rosenstiel, P.C. By virtue of a writ of execution No. 2015-C-3127, Selene Finance LP v. Tomasine Able, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 409 North 6th Street, Allentown, PA 18102. Tax Assessment No. 640702873659-1. Improvements thereon: Residential dwelling. Attorney Sarah K. McCaffery, Esquire NO. 7 NO. 10 By virtue of a writ of execution No. 2014-C-2096, Federal National Mortgage Association (Fannie Mae), a Corporation Organized and Existing By virtue of a writ of execution No. 2015-C-2052, U.S. Bank National 50 LEHIGH LAW JOURNAL NO. 13 Association, a Trustee for the Pennsylvania Housing Finance Agency v. Javier Medrano and Miriam Medrano, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 822 Plymouth Street, Allentown, PA 18109. Tax Assessment No. 641717793549-1. Improvements thereon: A residential dwelling house. Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller By virtue of a writ of execution No. 2015-C-2168, Santander Bank, N.A. v. John Alan Weber, owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 450 5th Street, Whitehall, PA 18052-6416. Tax Assessment No. 640709478680-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 11 By virtue of a writ of execution No. 2014-C-2497, Wilmington Savings Fund Society FSB d/b/a Christina Trust As Trustee for Premium Mortgage v. Alejandro Torres, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 754 Carldon Street, Allentown, PA 18103. Tax Assessment No. 640657763599-1. Improvements thereon: Residential Dwelling. Attorneys McCabe, Weisberg and Conway, P.C. NO. 14 By virtue of a writ of execution No. 2015-ML-3184, Allentown School District v. Jeffrey R. Williams, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 219.5 S. Saint Cloud Street, Allentown, PA 18104. Tax Assessment No. 549656694665-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 12 NO. 15 By virtue of a writ of execution No. 2015-C-1612, The Bank of New York Mellon, As Trustee for First Horizon Alternative Mortgage Securities Trust 2007-FA3 v. John H. Doskicz Jr., owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 3001 Hokendauqua Street, Whitehall, PA 18052. Tax Assessment No. 549964031010-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. By virtue of a writ of execution No. 2015-ML-3034, Allentown School District v. Brenda Rivera, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 619 N. Penn Street, Allentown, PA 18102. Tax Assessment No. 640714119201-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. 51 LEHIGH LAW JOURNAL NO. 16 NO. 19 By virtue of a writ of execution No. 2015-ML-0584, Bethlehem Area School District v. Donna R. Moyer, owner of property situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 635 5th Avenue, Bethlehem, PA 18018. Tax Assessment No. 64273875628-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. By virtue of a writ of execution No. 2015-ML-2179, Allentown School District v. Chew Metro Holdings, L.L.C., owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 616 W. Chew Street, Allentown, PA 18102. Tax Assessment No. 640701892908-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 17 NO. 20 By virtue of a writ of execution No. 2015-ML-2578, Allentown School District v. Turner Apartments, L.L.C., owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 619 W. Turner Street, Allentown, PA 18102. Tax Assessment No. 640701961283-1. Improvements thereon: Apartment Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. By virtue of a writ of execution No. 2015-ML-2093, Whitehall Township v. Leonard J. Hoben and Martha A. Hoben, owners of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 5218 Pennsylvania Street, Whitehall, PA 18052. Tax Assessment No. 548978954587-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 18 NO. 22 By virtue of a writ of execution No. 2015-ML-2440, Whitehall-Coplay School District v. 340 4th Street, owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 340 4th Street, Whitehall, PA 18052. Tax Assessment No. 640709801713-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. By virtue of a writ of execution No. 2014-ML-3625, Allentown School District v. Linda Hadid, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 106 N. 2nd Street, Allentown, PA 18101. Tax Assessment No. 640742022602-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. 52 LEHIGH LAW JOURNAL NO. 24 Improvements thereon: Vacant Land. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. By virtue of a writ of execution No. 2014-ML-2519, Allentown School District v. John Achey, Administrator of the Estate of Joyce V. Achey, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 416 W. Green Street, Allentown, PA 18102. Tax Assessment No. 640714164970-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 28 By virtue of a writ of execution No. 2011-ML-2039, Allentown School District and Public Asset Management Inc., Assignee of the Allentown School District v. Chris P. Ott and Tyra Rodriguez, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1513 E. Livingston Street, Allentown, PA 18109. Tax Assessment No. 641719434683-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 25 By virtue of a writ of execution No. 2013-ML-3523, City of Allentown v. Corey D. Derr and Susan L. Derr, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 727 S. Genesee Street, Allentown, PA 18103. Tax Assessment No. 640657158652-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 29 By virtue of a writ of execution No. 2013-C-3501, Wells Fargo Bank, N.A. v. Maribel Zapata, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 135 East Fairview Street, Allentown, PA 18109. Tax Assessment No. 640771130957-1. Improvements thereon: Single family dwelling. Attorneys Manley Deas Kochalski LLC NO. 27 By virtue of a writ of execution No. 2013-ML-0226, Allentown School District and Public Asset Management Inc., Assignee of the Allentown School District v. Michael Zoppi and Tammy Zoppi, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 2848 Lehigh Street, Allentown, PA 18103. Tax Assessment No. 549575360624-1. NO. 30 By virtue of a writ of execution No. 2015-C-2361, JPMorgan Chase Bank, National Association v. Maria S. Kotze, owner of property situate in the Township of Upper Milford, Lehigh County, Pennsylvania, being 53 LEHIGH LAW JOURNAL 5318 Vera Cruz Road, Emmaus, PA 18049. Tax Assessment No. 549344986728-1. Improvements thereon: Residential dwelling. Attorneys Sarah K. McCaffery, Esquire the City of Allentown, Lehigh County, Pennsylvania, being 218 E. South Street, Allentown, PA 18109. Tax Assessment No. 640781013249-1. Improvements thereon: Residential property. Attorneys Law Office of Gregory Javardian, LLC NO. 31 NO. 34 By virtue of a writ of execution No. 2015-C-3540, JPMorgan Chase Bank, N.A. v. Bryan-Scott R. Fenstermacher a/k/a Bryan S. Fenstermacher, Scott Robert Fenstermacher a/k/a Scott R. Fenstermacher, owners of property situate in the Borough of Slatington, Lehigh County, Pennsylvania, being 512 East Church Street, Slatington, PA 18080-2008. Tax Assessment No. 556223652973-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP By virtue of a writ of execution No. 2015-C-2257, Ocwen Loan Servicing, LLC v. Michael W. Savard, Mary P. Hester, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 3067 Macungie Road a/k/a 3067 Macungie Road, Macungie, PA 18062-9704. Tax Assessment No. 548434947766-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 32 NO. 35 By virtue of a writ of execution No. 2015-C-3451, M&T Bank v. Wesley W. Smith and Diana L. Smith, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 239 E. South Street, Allentown, PA 18109. Tax Assessment No. 640781037762-1. Improvements thereon: Residential Real Estate. Attorneys M. Troy Freedman, Esquire Stern & Eisenberg PC By virtue of a writ of execution No. 2014-C-3078, Wells Fargo Bank N.A. v. Maria Ruiz, Christian P. Parrales, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 616 Carldon Street, Allentown, PA 18103-3341. Tax Assessment No. 640658141236-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 33 By virtue of a writ of execution No. 2015-C-2751, Green Tree Servicing LLC s/b/m Green Tree Consumer Discount Company v. Dhandeo Mohabir, owner of property situate in NO. 36 54 By virtue of a writ of execution No. 2015-C-0013, Wells Fargo Bank, N.A. v. Rita Rosario a/k/a Rita M. Rosario, owner of property situate in the City LEHIGH LAW JOURNAL of Allentown, Lehigh County, Pennsylvania, being 1019 South 6th Street, Allentown, PA 18103-4001. Tax Assessment No. 640636245017-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP Bank v. Christine C. Steele, owner of property situate in the Township of Washington, Lehigh County, Pennsylvania, being 3839 Maple Tree Lane, Slatington, PA 18080. Tax Assessment No. 555161060357-1. Improvements thereon: Single Family—Detached Bi-Level House. Attorneys Daniel G. Dougherty, Esquire Daniel G. Dougherty, P.C. NO. 37 NO. 40 By virtue of a writ of execution No. 2014-C-3039, JPMorgan Chase Bank, National Association v. Kent A. Smith a/k/a Kent Smith and Christy E. Yerk-Smith a/k/a Christy Yerk-Smith, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 702-708 East Lexington Street, Allentown, PA 18103. Tax Assessment No. 641605468399-1. Improvements thereon: A residential dwelling. Attorneys Matthew K. Fissel, Esquire KML Law Group, P.C. By virtue of a writ of execution No. 2015-C-1305, Wells Fargo Bank, N.A. v. Carlos D. Correa, Sherida Sanchez a/k/a Sheridan Sanchez, owners of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 916 East Susquehanna Street, Allentown, PA 18103-4254. Tax Assessment No. 6416175173621. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 38 NO. 41 By virtue of a writ of execution No. 2015-C-2935, Wells Fargo Bank, N.A. v. Fredrick J. Adams, owner of property situate in the Borough of Catasauqua, Lehigh County, Pennsylvania, being 21 Covington Place, Catasauqua, PA 18032-1012. Tax Assessment No. 640931694220-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP By virtue of a writ of execution No. 2014-C-3728, Wilmington Savings Fund Society, FSB d/b/a Christiana Trust, Not Individually But As Trustee for Pretium Mortgage Acquisition Trust v. Carolann J. Deleon a/k/a Carolann Jude Deleon n/k/a Michelle Holvik, owner of property situate in the Township of North Whitehall, Lehigh County, Pennsylvania, being 3179 Westwood Place, Orefield, PA 18069. Tax Assessment No. 546894633940-1. Improvements thereon: Residential Dwelling. Attorney Robert W. Williams, Esquire NO. 39 By virtue of a writ of execution No. 2013-C-4437, the Neffs National 55 LEHIGH LAW JOURNAL NO. 42 NO. 45 By virtue of a writ of execution No. 2015-C-3785, Ditech Financial LLC v. John Leitgep, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 520 Auburn Street, Allentown, PA 18103-3211. Tax Assessment No. 640627982984-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP By virtue of a writ of execution No. 2005-ML-1207, Allentown School District and Public Asset Management Inc., Assignee of the Allentown School District v. George Serrano and Janet Serrano, owners of property situate in the Single Family Residential Property, Lehigh County, Pennsylvania, being 920 N. Fair Street, Allentown, PA 18102. Tax Assessment No. 549795841891-1. Improvements thereon: Single Family Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 43 By virtue of a writ of execution No. 2016-C-0111, Lafayette Ambassador Bank v. Gail Hoover, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 322 N. Franklin Street, Allentown, PA. Tax Assessment No. 549760049869-1. Improvements thereon: Two-story attached row. Attorneys Shawn M. Long, Esquire Barley Snyder NO. 47 By virtue of a writ of execution No. 2010-ML-1349, Parkland School District v. Husam Ayed Madain and Mervat H. Madain, owners of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 2415 W. Highland Street, South Whitehall, PA 18104. Tax Assessment No. 548782848079-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 44 By virtue of a writ of execution No. 2015-ML-3498, Parkland School District v. John C. Borschel, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 5080 Chapmans Road, South Whitehall, PA 18104. Tax Assessment No. 547711106219-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 48 By virtue of a writ of execution No. 2013-ML-0806, City of Allentown v. Enrique Colon, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 311 Ridge Avenue, Allentown, PA 18102. Tax Assessment No. 640743259768-1. 56 LEHIGH LAW JOURNAL Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. ate in the City of Allentown, Lehigh County, Pennsylvania, being 34 Montgomery Street, Allentown, PA 18103. Tax Assessment No. 640663994849-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. NO. 49 By virtue of a writ of execution No. 2012-ML-2494, Allentown School District and Public Asset Management Inc., Assignee of the Allentown School District v. Jose De La Rosa and Adnery M. De La Rosa, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1028-1030 Hanover Avenue, Allentown, PA 18109. Tax Assessment No. 641706129898-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 53 By virtue of a writ of execution No. 2015-C-3820, Citizens Bank of Pennsylvania v. Robert P. Stoudt and Phyllis M. Stoudt, owners of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 1417 Andrew Drive, Whitehall, PA 18052. Tax Assessment No. 549842749885-1. Improvements thereon: Residential Property. Attorneys Law Office of Gregory Javardian, LLC NO. 50 By virtue of a writ of execution No. 2013-ML-1256, Allentown School District and Public Asset Management Inc., Assignee of the Allentown School District v. Saeed Moghal, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 230 N. Church Street, Allentown, PA 18102. Tax Assessment No. 640701774979-1. Improvements thereon: Residential Property. Attorneys Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd. NO. 54 By virtue of a writ of execution No. 2014-C-4162, Deutsche Bank National Trust Company, As Trustee for Certificateholders of the First Franklin Mortgage Loan Trust 2006-FF16, Asset-Backed Certificates, Series 2006-FF16 c/o Specialized Loan Servicing, LLC v. Christina Valenzuela a/k/a Christine W. Valenzuela, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1103 W. Liberty Street, Allentown, PA 18102. Tax Assessment No. 549772715212-1. Improvements thereon: Dwelling. Attorneys Richard J. Nalbandian, III, Esquire Parker McCay PA NO. 52 By virtue of a writ of execution No. 2014-C-1861, JPMorgan Chase Bank, National Association v. Elizabeth Vargas, owner of property situ57 LEHIGH LAW JOURNAL NO. 55 Improvements thereon: Residential Dwelling. Attorney Robert W. Williams, Esquire By virtue of a writ of execution No. 2015-C-2560, Bank of New York, As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-22 c/o Specialized Loan Servicing, LLC v. Alexander Pippins and Stephanie Pynter, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 837-839 South Fawn Street, Allentown PA 18103. Tax Assessment No. 640657888193-1. Improvements thereon: Dwelling. Attorneys Richard J. Nalbandian, III, Esquire Parker McCay PA NO. 58 By virtue of a writ of execution No. 2015-C-2102, U.S. Bank National Association, As Trustee, Successor in Interest to LaSalle Bank National Association, As Trustee for Lehman XS Trust Mortgage Pass-Through Certificates, Series 2007-10H v. Richard B. Fowlin a/k/a Richard Fowlin and Sandra Fowlin, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 606 N. 8th Street, Allentown, PA 18102. Tax Assessment No. 549793225375-1. Improvements thereon: Residential Dwelling. Attorney Robert W. Williams, Esquire NO. 56 By virtue of a writ of execution No. 2016-C-0187, Ditech Financial LLC f/k/a Green Tree Servicing LLC v. Lisa H. McDermott, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 2438 West Tremont Street, Allentown, PA 18104. Tax Assessment No. 548781886861-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. NO. 59 By virtue of a writ of execution No. 2010-C-6359, U.S. Bank National Association As Trustee for RAMP 2005EFC4 v. Karen Y. Theodor, owner of property situate in the Borough of Emmaus, Lehigh County, Pennsylvania, being 514 South 2nd Street, Emmaus, PA 18049-3912. Tax Assessment No. 549485437332-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 57 By virtue of a writ of execution No. 2015-C-1846, U.S. Bank National Association, As Trustee for Structured Adjustable Rate Mortgage Loan Trust-Mortgage Pass-Through Certificates, Series 2006-5 v. Charles D. Lewis and Natalie Lewis, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 259 E. Maple St., Allentown, PA 18109. Tax Assessment No. 6407723765581. NO. 60 By virtue of a writ of execution No. 2012-C-5376, U.S. Bank National Association, As Trustee for the Pennsylvania Housing Finance Agency v. 58 LEHIGH LAW JOURNAL Carlos Gonzalez, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 202 East Court Street, Allentown, PA 18109. Tax Assessment No. 640763436352-1. Improvements thereon: A residential dwelling house. Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller Mellon f/k/a The Bank of New York As Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-8 v. Frances Schoen c/o Samantha Schoen, Believed Administrator and/or Heir of the Estate of Corey Schoen and Samantha Schoen, Believed Administrator and/or Heir to the Estate of Corey Schoen, owner of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 6142 Timberknoll Drive, Macungie, PA 18062. Tax Assessment No. 547447476381-1. Improvements thereon: A residential dwelling. Attorneys KML Law Group, P.C. NO. 61 By virtue of a writ of execution No. 2013-C-1735, Wells Fargo Bank, N.A. v. Amy L. Zentz, Jeffrey L. Zentz and the United States of America, owners of property situate in the Township of Washington, Lehigh County, Pennsylvania, being 3749 Eagle Road, Slatington, PA 18080. Tax Assessment No. 555170190130-1. Improvements thereon: Residential Property. Attorneys Powers, Kirn & Associates, LLC NO. 65 By virtue of a writ of execution No. 2014-C-3763, JPMorgan Chase Bank, N.A. v. Marty R. Wensel, Dana M. Burns, owners of property situate in the Borough of Catasauqua, Lehigh County, Pennsylvania, being 508 Faith Drive, Catasauqua, PA 18032-1324. Tax Assessment No. 640838825172-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 63 By virtue of a writ of execution No. 2014-C-3830, Wells Fargo Bank, N.A. v. Amy A. Bishop and Matthew W. Bishop a/k/a Matthew Bishop, owners of property situate in the Township of Upper Saucon, Lehigh County, Pennsylvania, being 5453 Applebutter Hill Road, Coopersburg, PA 18036. Tax Assessment No. 641430902052-1. Improvements thereon: Residential Dwelling. Attorney Robert W. Williams, Esquire NO. 66 By virtue of a writ of execution No. 2016-C-0216, Deutsche Bank National Trust Company As Trustee for GSAMP Trust 2006-FM3, Mortgage Pass-Through Certificates, Series 2006-FM3 v. William P. Gillen, Angie M. Gillen, owners of property situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 537 3rd Avenue, Bethlehem, PA 18018-5537. Tax Assessment No. 642738919981-1. NO. 64 By virtue of a writ of execution No. 2014-C-3335, The Bank of New York 59 LEHIGH LAW JOURNAL Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP v. Terrance C. Knight a/k/a Terrance Knight, Susan T. Badu a/k/a Susan Badu, owners of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 1408 Garden Avenue, Allentown, PA 18103-8322. Tax Assessment No. 641645662646-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 67 By virtue of a writ of execution No. 2015-C-1240, Green Tree Servicing LLC v. Larry P. Miller and Diane D. Miller, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1430 Chew Street a/k/a 1430 West Chew Street, Allentown, PA 18102. Tax Assessment No. 549760215769-1. Improvements thereon: Residential Property. Attorneys Law Office of Gregory Javardian, LLC NO. 70 By virtue of a writ of execution No. 2015-C-1132, Wilmington Savings Fund Society, FSB, Doing Business As Christiana Trust, Not in Its Individual Capacity But Solely As Legal Title Trustee for Bronze Creek Title Trust 2013-NPL1 v. Michele Grossman, owner of property situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 1847 Cloverdale Road, Bethlehem, PA 18018. Tax Assessment No. 641843494513-1. Improvements thereon: Residential Dwelling. Attorneys Stephen M. Hladik, Esquire Hladik, Onorato & Federman, LLP NO. 68 By virtue of a writ of execution No. 2015-C-2009, Santander Bank, N.A. v. Spencer L. Sexton, Solely in His Capacity As Heir of Patricia A. Sexton, Deceased, Sallie A. McKeney, Solely in Her Capacity As Heir of Patricia A. Sexton, Deceased and Unknown Heirs, Successors and/or Assigns of Patricia A. Sexton, Deceased, owners of property situate in the Township of Hanover, Lehigh County, Pennsylvania, being 1835 Troxell Street, Allentown, PA 18109. Tax Assessment No. 641833027913-1. Improvements thereon: Residential Dwelling. Attorneys Pressman & Doyle, LLC NO. 71 By virtue of a writ of execution No. 2015-C-1673, DLJ Mortgage Capital, Inc. v. Robert Schultz, owner of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 1325 Byfield Street, Allentown, PA 18103. Tax Assessment No. 641636050020-1. Improvements thereon: Residential Dwelling. Attorneys Stephen M. Hladik, Esquire Hladik, Onorato & Federman, LLP NO. 69 By virtue of a writ of execution No. 2015-C-1086, Wells Fargo Bank, N.A. 60 LEHIGH LAW JOURNAL NO. 72 Improvements thereon: Dwelling. Attorneys Michael R. Nesfeder, Esquire Fitzpatrick Lentz & Bubba, P.C. By virtue of a writ of execution No. 2014-C-3081, The Bank of New York Mellon f/k/a The Bank of New York, As Trustee for the Certificateholders of CWABS, Inc. Asset-Backed Certificates, Series 2007-6 v. Brad E. Ettwein, owner of property situate in the Borough of Fountain Hill, Lehigh County, Pennsylvania, being 580 S. Benner Avenue, Fountain Hill, PA 18105. Tax Assessment No. 642730545448-1. Improvements thereon: Residential Dwelling. Attorneys Stephen M. Hladik, Esquire Hladik, Onorato & Federman, LLP NO. 75 By virtue of a writ of execution No. 2014-C-4163, The Bank of New York Mellon f/k/a The Bank of New York, As Trustee for the Certificateholders of CWABS Inc., Asset-Backed Certificates, Series 2007-8 c/o Specialized Loan Servicing, LLC v. Kris A. Csaszar a/k/a Kris Ann Csaszar and Matthew E. Csaszar a/k/a Matthew Edward Csaszar, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1102-1108 North Irving Street, Allentown, PA 18109. Tax Assessment No. 640789336822-1. Improvements thereon: Dwelling. Attorneys Richard J. Nalbandian, III, Esquire Parker McCay PA NO. 73 By virtue of a writ of execution No. 2016-C-0212, Weichert Financial Services v. David A. Moll, owner of property situate in the Borough of Fountain Hill, Lehigh County, Pennsylvania, being 609 Norway Place, Fountain Hill, PA 18015. Tax Assessment No. 642619376371-1. Improvements thereon: Residential Real Estate. Attorneys M. Troy Freedman, Esquire Stern & Eisenberg PC NO. 76 By virtue of a writ of execution No. 2013-C-3089, Santander Bank, N.A., Formerly Known As Sovereign Bank v. Lance A. Evans a/k/a Lance Evans, owner of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 2397 Silvano Lane, Macungie, PA 180628659. Tax Assessment No. 546493806291-1. Improvements thereon: Residential Dwelling. Attorneys Phelan Hallinan Diamond & Jones, LLP NO. 74 By virtue of a writ of execution No. 2015-C-0175, First Commonwealth Federal Credit Union v. Michael B. Marx, Jr., owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 938 Club Avenue, Allentown, PA 18109. Tax Assessment No. 641749759860-1. NO. 77 By virtue of a writ of execution No. 2015-C-3871, Quaint Oak Bank v. 61 LEHIGH LAW JOURNAL NO. 80 Ramon A. Reyes and Maria Rodriguez, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 116 N. 8th Street, Allentown, PA 18101. Tax Assessment No. 640700187403-1. Improvements thereon: Commercial 2-story store. Attorneys Rebecca J. Price, Esquire Norris McLaughlin & Marcus, P.A. By virtue of a writ of execution No. 2015-C-0323, U.S. Bank National Association, As Trustee for the Pennsylvania Housing Finance Agency v. Cristian Cordova, owner of property situate in the Borough of Slatington, Lehigh County, Pennsylvania, being 636 West Washington Street, Slatington, PA 18080. Tax Assessment No. 555292603176-1. Improvements thereon: A residential dwelling house. Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller NO. 78 By virtue of a writ of execution No. 2015-C-983, Green Tree Servicing LLC v. Gregory M. Marucci, owner of property situate in the Township of Lowhill, Lehigh County, Pennsylvania, being 7071 Kernsville Road, Orefield, PA 18069. Tax Assessment No. 545735733531-1. Improvements thereon: Residential property. Attorneys Law Office of Gregory Javardian, LLC NO. 81 By virtue of a writ of execution No. 2012-C-4536, Deutsche Bank National Trust Company, As Trustee for IXIS Real Estate Capital Trust 2007HE-1 Mortgage Pass Through Certificates, Series 2007-HE-1, by Its Servicer, Ocwen Loan Servicing, LLC v. George M. Pierce, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 2613 West Highland Street, Allentown, PA 18104. Tax Assessment No. 548771798637-1. Improvements thereon: Residential Real Estate. Attorneys Jessica N. Manis, Esquire Stern & Eisenberg PC JOSEPH N. HANNA Sheriff of Lehigh County, PA Matthew R. Sorrentino, County Solicitor Richard Brent Somach, Sheriff ’s Solicitor J-24; Ju 1, 8 NO. 79 By virtue of a writ of execution No. 2016-C-0102, People First Federal Credit Union v. Pedro A. Alvarado and Tanya E. Rivera-Alvarado, owners of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 189 Shiloh Court, Whitehall, PA 18052. Tax Assessment No. 549841768451-1. Improvements thereon: Residential Property. Attorney William J. Fries, Esquire 62 LEHIGH LAW JOURNAL 63 D E L I TO: V E R PERIODICAL PUBLICATION * Dated Material. Do Not Delay. Please Deliver Before Monday, June 27, 2016
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