contents - Northampton County Bar Association

Transcription

(USPS 395-280)
VOL. LV
EASTON, PA October 9, 2008
NO. 41
Northampton County Reporter Digest—2008-10
CONTENTS
Appellate Mediation Program. . . . . . . . . . . . . . 18
Bar News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Corporate Fictitious Name Notice. . . . . . . . . . . 11
Estate Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Fictitious Name Notrices . . . . . . . . . . . . . . . . . . 10
Law Office for Rent. . . . . . . . . . . . . . . . . . . . . . . 11
Legal Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Limited Liability Company Notices. . . . . . . . . . 11
Notices of Incorporation. . . . . . . . . . . . . . . . . . . 10
Tax Claim Unit Notice. . . . . . . . . . . . . . . . . . . . . 16
Trust Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
INSERT: Goldenrod: 1. Bar Association of Lehigh County Lunch & Learn
2. 2008 Calendar of Events
3. Quarterly Association Meeting
4. PBI/CLE Seminars—NCBA Office—October-December, 2008
Cream: 1. “Regina v. Dudley”
2. “The New Right to Know Law”
3. Bridge the Gap Program
4. “How to Select a Civil Jury”
NOTICE TO THE BAR....
Superior Court of PA Administrative Order
In Re: Appellate Mediation Program—See page 18
* * * * * * * *
Northampton County Reporter Deadline Changes
See page 3.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical,
photocopying, or any other means without the prior written permission of the copyright holder.
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 41
10/9/2008
NORTHAMPTON COUNTY BAR ASSOCIATION
2008 BAR ASSOCIATION OFFICERS
Michael C. Deschler. . . . . . . . . . . . . . . . . . . . . President
Joseph A. Corpora, III. . . . . . . . . . . . . . . . President-elect
Jacqueline M. Taschner. . . . . . . . . . . . . . . Vice President
Kerry S. Freidl . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer
Victor E. Scomillio. . . . . . . . . . . . . . . . . . . . . . Secretary
Joel H. Ziev. . . . . . . . . . . . . . . . . . . . . . . . Past President
BOARD OF GOVERNORS
ZONE II DELEGATES
Steven N. Goudsouzian
Barbara L. Hollenbach
Abraham P. Kassis
Nicholas Noel, III
Alyssa A. Lopiano-Reilly
Joel M. Scheer
Samuel P. Murray
Michael P. Shay
Daniel M. O’Donnell
Ronald W. Shipman
Barbara Rush Renkert
Joel H. Ziev
Christopher M. Reid
Northampton County Reporter
Attorney Referral & Information Service
155 South Ninth Street, Easton, PA 18042-4399
Phone (610) 258-6333 Fax (610) 258-8715
E-mail: ncba@norcobar.org
PBA (800) 932-0311—PBI (800) 932-4637
BAR ASSOCIATION STAFF
Mary Beth Leeson. . . . . . . . . . . . . . . Executive Director
Stephanie Pasquel. . . . . . . . . . . . . . . . . . . . . Accounting
Heather Rizzotto-Stefanik. . . . . . . . . . . . . Legal Journal
Gloria A. Robison. . . . . . . . . . . . . . . . Attorney Referral
Deborah J. Flanagan. . . . . . . . . . . . . . Attorney Referral
The Northampton County Reporter will be published every Thursday
by the Northampton County Bar Association, 155 South Ninth St.,
Easton, PA 18042-4399. All legal notices relating to the business of the
county, are required by rule of Court, to be published in this Journal. All
legal notices must be submitted in typewritten form and are published
exactly as submitted by the advertiser. Neither the Law Reporter nor the
printer will assume any responsibility to edit, make spelling corrections,
eliminate errors in grammar or make any changes to content.
Subscription Price—$75.00 per year.
Periodical Postage Paid at Easton, PA and additional office.
Postmaster: Send all communications and address changes to:
155 South Ninth St., Easton, PA 18042-4399
Telephone (610) 258-6333 FAX (610) 258-8715
Robert C. Brown, Jr., Esquire
Editor
2
NOTICE TO NCBA MEMBERS – BAR NEWS
N.C. Reporter Deadline Changes:
November 27th issue deadline is changed to Friday, November 21st
(Thanksgiving issue)
December 25th issue deadline is changed to Friday, December 19th
(Christmas issue)
January 1st issue deadline is changed to Monday, December 29th (New
Year’s issue)
Lunch Lecture Programs—registration forms inside:
“Regina v. Dudley”—Wednesday, October 29, 2008
“The New Right to Know Law”—Thursday, November 6, 2008
“Bridge the Gap” Program—Friday, November 7, 2008
“How to Select a Civil Jury”—Wednesday, November 12, 2008—Part of the
YLD Series of Introductory Level Seminars.
NCBA Building Construction
Construction on the new entrance to the NCBA building has begun. If you
have business at the NCBA office within the next few weeks please enter the
building from the back door, which is to the left of the front door and around the
back.
Save the Date
Quarterly Association Meeting—November 13, 2008
Best Western Conference Center, Bethlehem, 5:30 p.m.
The probability that we may fail in the struggle ought not to deter us from the
support of a cause we believe to be just.—Abraham Lincoln
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Vol. 55 No. 41
ESTATE NOTICES
Notice is hereby given that in the
estate of the decedents set forth below
the Register of Wills has granted letters, testamentary or of administration to the persons named. All persons having claims or demands
against said estates are requested to
make known the same, and all persons indebted to said estates are requested to make payment without
delay to the executors or administrators or their attorneys named below.
FIRST PUBLICATION
COOPER, DAWN S., dec’d.
Late of the Township of Palmer,
Northampton County, PA
Executrix: Jeanne D. Hunt c/o
McFall, Layman & Jordan, P.C.,
Attorneys at Law, 134 Broadway,
Bangor, PA 18013
Attorneys: McFall, Layman &
Jordan, P.C., Attorneys at Law,
134 Broadway, Bangor, PA
18013
DeLORENZO, ESTELLE A., dec’d.
Late of the Township of Washington, Northampton County,
PA
Administratrix: Adelaide Davis,
832 Upper Pennsylvania Avenue,
Bangor, PA 18013
Attorneys: Ronold J. Karasek,
Esquire, Zito, Martino and Karasek, LLP, 641 Market Street,
Bangor, PA 18013
DONCSECZ, EMIL T., dec’d.
Late of the Township of Lower
Saucon, Northampton County,
PA
Executrix: Bonnie Sue Doncsecz
c/o Amanda Racines Lovett,
Esquire, Gardner, Racines &
Sheetz, 3968 Maulfair Place, Allentown, PA 18103
Attorneys: Amanda Racines
Lovett, Esquire, Gardner, Racines
10/9/2008
& Sheetz, 3968 Maulfair Place,
Allentown, PA 18103
DOUGHERTY, EUGENE J., dec’d.
Late of Freemansburg Borough,
Executrix: Mary T. Dougherty
c/o Peter L. Reiss, Esquire,
Clemons Richter Walsh & Reiss,
P.C., 107 E. Oakland Avenue,
Doylestown, PA 18901
Attorneys: Peter L. Reiss, Esquire, Clemons Richter Walsh &
Reiss, P.C., 107 E. Oakland Avenue, Doylestown, PA 18901
ERNST, MAYNARD JOHN a/k/a
MAYNARD J. ERNST, dec’d.
Late of the Borough of Tatamy,
Executor: David J. Heintzelman
c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
ESPOSITO, LAURA J., dec’d.
Late of Easton, Northampton
County, PA
Executrix: Roberta Boyle c/o
Charles J. Fonzone, Esquire,
Fonzone and Ashley, P.O. Box
4180, 33 So. Seventh Street, Allentown, PA 18105-4180
Attorneys: Charles J. Fonzone,
Esquire, Fonzone and Ashley,
P.O. Box 4180, 33 So. Seventh
Street, Allentown, PA 181054180
GERMANO, JOSEPH J., dec’d.
PA
Executor: Salvatore T. Germano
c/o McFall, Layman & Jordan,
P.C., Attorneys at Law, 134
Broadway, Bangor, PA 18013
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10/9/2008
Executor: John Billetz, Jr. c/o
John W. Rybak, Esquire, 408
Adams Street, Bethlehem, PA
18105
Attorney: John W. Rybak, Esquire, 408 Adams Street, Bethlehem, PA 18105
McGRATH, DOROTHY O., dec’d.
County, PA
Co-Executrices: Christine J.
McGrath and Barbara J. Sceurman 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
MILHAM, RICHARD E. a/k/a
DICK MILHAM, dec’d.
Late of the Township of Hanover,
Executrix: Shirley A. Milham c/o
Jacob S. Kolb, Esquire, Kolb,
Vasiliadis and Florenz, 74 West
Broad Street, Ste. 170, Bethlehem, PA 18018-5738
Attorneys: Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste.
170, Bethlehem, PA 180185738
MORELLO, MARY, dec’d.
Late of the City of Easton,
Administratrix C.T.A.: Barbara
Morello, 1013 Washington Street,
Easton, PA 18042
Attorneys: Charles Bruno, Esquire, Pfeiffer, Bruno, Minotti &
DeEsch, P.C., P.O. Box 468,
Easton, PA 18044-0468
MOSLOSKIE, ESTHER M., dec’d.
Attorneys: McFall, Layman &
Jordan, P.C., Attorneys at Law,
134 Broadway, Bangor, PA
18013
HOLLYWOOD, EDWARD R.,
dec’d.
Late of the Borough of Wilson,
Executor: Richard E. Hollywood,
1436 Blair Street, Easton, PA
18045-5920
KISH, KATHLEEN E., dec’d.
Late of the Borough of Hellertown, Northampton County, PA
Executrix: Phyllis DeBoer c/o
Bradford D. Wagner, Esquire,
662 Main Street, Hellertown, PA
18055-1726
KRAUSS, EDWIN A., SR., dec’d.
Late of the Township of Moore,
Co-Executrices: Susan M. Kemmerer, 688 Point Phillips Road,
Bath, PA 18014-9374 and Dolores M. Krauss, 674 Point Phillips
Road, Bath, PA 18014-9374
Attorney: Daniel G. Spengler,
Esquire, 110 East Main Street,
Bath, PA 18014
KULAITIS, MARJORIE T., dec’d.
Late of the City of Bethlehem,
Co-Executors: David R. Birnbaum and Marian Kordopatis
c/o Mary Ann Snell, Esquire,
Suite 311, 3400 Bath Pike, Bethlehem, PA 18017
Attorney: Mary Ann Snell, Esquire, Suite 311, 3400 Bath Pike,
Bethlehem, PA 18017
McELWEE, GARY R., dec’d.
Late of Hellertown, Northampton
County, PA
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Vol. 55 No. 41
Administratrix: Betty F. Vogt,
504 West Grant St., Easton, PA
18042
PONTRELLI, MIKE, dec’d.
Late of the Borough of Nazareth,
Executor: Michael D. Pontrelli
c/o Nicholas R. Sabatine, III,
Esquire, 16 S. Broadway, Suite
1, Wind Gap, PA 18091
Attorney: Nicholas R. Sabatine,
III, Esquire, 16 S. Broadway,
Suite 1, Wind Gap, PA 18091
TOMALAVAGE, BERNARD J.,
dec’d.
Late of Bethlehem, Northampton
County, PA
Administratrix: April A. Milander
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
TURTZO, JOHN A., dec’d.
Late of the Borough of Pen Argyl,
Executor: John P. Turtzo, P.O.
Box 269, Bangor, PA 18013
Attorneys: Leonard N. Zito, Esquire, Zito, Martino and Karasek,
641 Market Street, Bangor, PA
18013
UTSCH, ARLENE B., dec’d.
PA
Co-Executors: Terry F. Wagner
and Mitchell E. Wagner c/o David J. Ceraul, Esquire, 22 Market
Street, P.O. Box 19, Bangor, PA
18013-0019
Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box
19, Bangor, PA 18013-0019
VICARIO, BETTY a/k/a BETTY J.
VICARIO, dec’d.
PA
Co-Executors: Patricia Eichlin
and John Vicario, Jr. c/o David
J. Ceraul, Esquire, 22 Market
18013-0019
19, Bangor, PA 18013-0019
WASEM, FREDERICK C., dec’d.
Late of Northampton County,
PA
Executor: Keith Wasem, 166 3rd
Street, Nazareth, PA 18064
Attorney: David M. Hirshorn,
1931-C Pinehurst Court, Allentown, PA 18109
WEIDAW, EDWARD J., dec’d.
Late of Bath, Northampton
County, PA
Executrix: Denice M. Adams,
2787 Mary Street, Easton, PA
18045
Attorneys: Gregory J. Pavlovitz,
Esquire, Pavlovitz & Fackenthal,
PC, P.O. Box 36, Line Lexington,
PA 18032
ZAMPAR, JOSEPH S., dec’d.
Saucon, Northampton County,
PA
Executrix: Shirley A. Labert c/o
April L. Cordts, Esquire, 391
Nazareth Pike, Bethlehem, PA
18020
Attorney: April L. Cordts, Esquire, 391 Nazareth Pike, Bethlehem, PA 18020
SECOND PUBLICATION
BAST, JOANNE S., dec’d.
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10/9/2008
Vol. 55 No. 41
Executrix: Nancy J. Bast c/o
Jacob S. Kolb, Esquire, Kolb,
Vasiliadis and Florenz, 74 West
Broad Street, Ste. 170, Bethlehem, PA 18018-5738
Attorneys: Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste.
170, Bethlehem, PA 180185738
BULETTE, THELMA T., dec’d.
Late of the City of Easton, North
ampton County, PA
Executor: John Bulette c/o Robert C. Brown, Jr., Esquire, Fox,
Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA
18042-1412
Attorneys: Robert C. Brown, Jr.,
Esquire, Fox, Oldt & Brown, 940
West Lafayette Street, Suite 100,
Easton, PA 18042-1412
DOALL, ELIZABETH R., dec’d.
PA
Executrix: Norma Abbott c/o
David J. Ceraul, Esquire, 22
Market Street., P.O. Box 19,
Bangor, PA 18013-0019
Attorney: David J. Ceraul, Esquire, 22 Market Street., P.O.
Box 19, Bangor, PA 180130019
DOTY, DANIEL D., dec’d.
Late of the Township of Forks,
Administratrix: Dawn Buckallew
c/o Lisa M. Spitale, Esquire, The
Law Offices of Charles W. Gordon, 1413 Jacobsburg Road,
Wind Gap, PA 18091
Attorneys: Lisa M. Spitale, Esquire, The Law Offices of Charles
W. Gordon, 1413 Jacobsburg
Road, Wind Gap, PA 18091
GAFFNEY, ANN K., dec’d.
Executrix: Wellope A. Williams
c/o Mary Ann Snell, Esquire,
Suite 311, 3400 Bath Pike, Bethlehem, PA 18017
Attorney: Mary Ann Snell, Esquire, Suite 311, 3400 Bath Pike,
Bethlehem, PA 18017
HUMMEL, DOROTHY L., dec’d.
Late of Lehigh Township,
Executor: Gary Hummel c/o
Frank M. Skrapits, Esquire, Affiliated with Steckel and Stopp,
2152 Main Street, Northampton,
PA 18067-1211
JEFFERS, WILLIAM A., JR.,
dec’d.
Executrix: Helen B. Jeffers c/o
Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden
Street, Easton, PA 18042
Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340
Spring Garden Street, Easton,
PA 18042
MOLNAR, ANNA M. a/k/a ANNA
MOLNAR, dec’d.
Late of the Borough of Pen Argyl,
Executrix: Bernadette J. Molchan 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
REITENANER, ROY A. a/k/a ROY
A. REITENAUER, dec’d.
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10/9/2008
Vol. 55 No. 41
Executor: Mr. Scott L. Reitenauer c/o Robert C. Brown, Jr.,
Easton, PA 18042-1412
Attorneys: Robert C. Brown, Jr.,
Easton, PA 18042-1412
RESNIK, ROBERT K., dec’d.
Late of the Township of Forks,
Executrix: Sharon L. Resnik c/o
Karl H. Kline, Esquire, Karl Kline
P.C., 2925 William Penn Highway, Suite 301, Easton, PA
18045-5283
Attorneys: Karl H. Kline, Esquire,
Karl Kline P.C., 2925 William
Penn Highway, Suite 301, Easton, PA 18045-5283
SIEGFRIED, STEVEN W., SR.,
dec’d.
Late of the City of Easton, North
ampton County, PA
Administratrix: Colleen Siegfried,
1095 West Berwick Street, Easton, PA 18042
Suite 302, 2045 Westgate Drive,
Bethlehem, PA 18017
Attorney: Keith D. Cacciatore,
Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA
18017
BITTERLICH, WILLIAM E., SR.,
dec’d.
Late of Walnutport, Lehigh
Township, Northampton County,
PA
Administrator: William E. Bitterlich, Jr. c/o Bradford D. Wagner, Esquire, 662 Main Street,
Hellertown, PA 18055-1726
BRYFOGLE, JAMES C., dec’d.
Executrix: Mitzi M. Bryfogle c/o
Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden
Street, Easton, PA 18042
Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340
Spring Garden Street, Easton,
PA 18042
FEINBERG, JEANNE M., dec’d.
Late of the Township of Bethlehem, Northampton County, PA
Executor: Leonard N. Feinberg
c/o Daniel E. Cohen, Attorney,
Seidel, Cohen, Hof & Reid, LLC,
3101 Emrick Blvd., Suite 205,
Bethlehem, PA 18020
Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof &
Reid, LLC, 3101 Emrick Blvd.,
Suite 205, Bethlehem, PA
18020
FOLWEILER, MINNIE, dec’d.
Co-Administrators: Wayne Folweiler and Raymond C. Folweiler,
THIRD PUBLICATION
BECKER, MARTIN S., dec’d.
County, PA
Co-Executors: Julie Gaye Davison Becker and Joel M. Scheer
c/o Fishbone and Scheer, 940
West Lafayette Street, Easton, PA
18042
Attorneys: Robert H. Jacobs,
Esquire, Jacobs & Jacobs, 8
Centre Square, Easton, PA
18042
BIDDLE, LORRAINE A., dec’d.
Executrix: Meggan L. Biddle c/o
Keith D. Cacciatore, Esquire,
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10/9/2008
Vol. 55 No. 41
III 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
INDOVINA, RUTH T. a/k/a RUTH
ALICE INDOVINA, dec’d.
Executrix: JoAnn Kostenbader,
20 Ridgewood Road, Easton, PA
18045
Attorneys: Peters, Moritz, Pei
schl, Zulick, Landes & Brienza,
LLP, 1 South Main Street, Nazareth, PA 18064
KACMAR, DENNIS J., dec’d.
Administratrix: Lisa M. Kacmar
c/o Stanley M. Vasiliadis, Esquire, 2551 Baglyos Circle, Suite
A-14, Bethlehem, PA 18020
Attorney: Stanley M. Vasiliadis,
Esquire, 2551 Baglyos Circle,
Suite A-14, Bethlehem, PA
18020
KILPATRICK, CLAYTON F.,
dec’d.
Executrix: Erma Kromer, 55
West 4th Street, #D-3, Nazareth,
PA 18064-2443
Attorneys: Peters, Moritz, Pei
schl, Zulick, Landes & Brienza,
LLP, 1 South Main Street, Nazareth, PA 18064-2083
REMALEY, ALLAN, dec’d.
Late of Bangor, Northampton
County, PA
Executrix: Susan Remaley, 97
Chris Court, Bangor, PA 18013
10/9/2008
Attorneys: Anthony J. Martino,
Esquire, Zito, Martino and Karasek, 641 Market Street, Bangor,
PA 18013
ROSATO, FRANKLIN J., dec’d.
Late of the Borough of Bangor,
Executrix: Linda Kay Abruzzese
c/o David J. Ceraul, Esquire, 22
Market Street, P.O. Box 19, Bangor, PA 18013-0019
19, Bangor, PA 18013-0019
SABATINO, MARY D., dec’d.
Late of the Borough of Roseto,
Co-Executors: Louis J. Magdits,
IV and Marc A. Magdits c/o David J. Ceraul, Esquire, 22 Market
18013-0019
19, Bangor, PA 18013-0019
SMITH, CATHERINE M., dec’d.
Late of the Borough of Hellertown, Northampton County, PA
Executrix: Jennifer L. Leedom
c/o Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O.
Box 1426, Bethlehem, PA 180161426
Attorney: Gail Weiner Shearer,
Esquire, 70 E. Broad Street, P.O.
Box 1426, Bethlehem, PA 180161426
WILLIAMS, SHIRLEY a/k/a SHIRLEY P. WILLIAMS, dec’d.
Nazareth, Northampton County,
PA
Executor: Russell R. Williams
c/o John J. Bartos, Esquire,
3976 Township Line Road, Bethlehem, PA 18020
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Vol. 55 No. 41
Attorney: John J. Bartos, Esquire, 3976 Township Line Road,
Bethlehem, PA 18020
10/9/2008
sylvania, Act of December 21, 1988
(P.L. 1444, No. 177), by the following
corporation:
CROSS KEYS GOOD EATS, INC.
Oct. 9
TRUST NOTICE
NOTICE IS 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 trusts are requested to
make known the same, and all persons indebted to said trusts are requested to make payment, without
delay, to the trustees or to their attorneys named below.
ELLIS, ANKE M., dec’d.
Late of Hellertown, Northampton
County, PA
Successor Co-Trustees: Charles
T. Noonan and George M. Ellis
c/o Noonan & Prokup, 526 Walnut St., Allentown, PA 18101
Attorneys: Noonan & Prokup,
526 Walnut St., Allentown, PA
18101
Oct. 2, 9
FICTITIOUS NAME
REGISTRATION NOTICES
NOTICE IS HEREBY GIVEN, pursuant to the provisions of the Fictitious Name Act of December 16,
1982, P.L. 1309, as amended, that an
application for registration of a fictitious name was filed in the Office of
the Secretary of the Commonwealth
of Pennsylvania at Harrisburg, Pennsylvania, for the conduct of business
in Northampton County, Pennsylvania, under the assumed or fictitious
name, style or designation of:
HEALTHFUL HANDS
MASSAGE THERAPY
with its principal place of business at:
30 E. Fourth Street, Bethlehem, PA
18015.
The name of the person owning or
interested in said business is: Frederick J. Broadbent, II.
Oct. 9
NOTICES OF INCORPORATION
NOTICE IS HEREBY GIVEN
that:
BEERS SIDING & GUTTER, INC.
has been organized under the Business Corporation Law of 1988, as
amended, and has filed Articles of
Incorporation with the Department of
State on September 16, 2008.
Oct. 9
NOTICE IS HEREBY GIVEN pursuant to the provisions of the Fictitious Name Act (54 Pa. C.S.A. Sec.
301 et seq.) of the filing in the Office
of the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on June 23,
2008, of an Application for Registration of a Fictitious Name for the
conduct of a business in Northampton County, Pennsylvania under the
assumed or fictitious name, style or
designation of:
PERSONAL FITNESS TRAINING
OF THE LEHIGH VALLEY
with its principal place of business
located at: 2237 Fox Run, Easton,
Northampton County, Pennsylvania.
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 provisions of the Business Corporation
Law of the Commonwealth of Penn-
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Vol. 55 No. 41
The name and address of the person filing the registration is: John
Pfeffer, 2237 Fox Run, Easton, PA
18042.
Oct. 9
10/9/2008
with its principal place of business at:
1650 Butler Street, Easton, Pennsylvania 18042.
The name and address of the entity owning or interested in said business is: Brown-Daub Auto Sales, Inc.,
1650 Butler Street, Easton, Pennsylvania 18042.
TALLMAN, HUDDERS &
SORRENTINO, P.C.
The Paragon Centre
1611 Pond Road
Suite 300
Allentown, PA 18104-2221
Oct. 9
LIMITED LIABILITY COMPANY
NOTICES
on September 11, 2008, Certificate of
Organization was filed in the Department of State of the Commonwealth
of Pennsylvania for:
BETHLEHEM LIFESTYLE, LLC
in accordance with the provisions of
the Limited Liability Act of 1994.
JAMES L. BROUGHAL, ESQUIRE
BROUGHAL & DeVITO, L.L.P.
38 West Market Street
Bethlehem, PA 18018
Oct. 9
LAW OFFICE FOR RENT
425 W. Broad Street
Bethlehem, PA
Second Floor 3 Room Suite, Central Air, ideal location on well traveled
W. Broad St. Office space has generous amount of storage. Rent is $850
per month, utilities included. Tenant
is responsible for phone and internet.
Please call the Law Offices of Karl F.
Longenbach at (610) 867-8150 for
immediate showing. October 1 Occupancy.
Oct. 9
on September 11, 2008, Certificate of
Organization was filed in the Department of State of the Commonwealth
of Pennsylvania for:
GLOBAL LEADERSHIP
EXCELLENCE, LLC
in accordance with the provisions of
the Limited Liability Act of 1994.
JAMES L. BROUGHAL, ESQUIRE
BROUGHAL & DeVITO, L.L.P.
38 West Market Street
Bethlehem, PA 18018
Oct. 9
CHANGE OF NAME NOTICE
COURT OF COMMON PLEAS
NORTHAMPTON COUNTY,
PENNSYLVANIA
No. C-48CV2008-10235
on September 25, 2008, the Petition
of Mary Kastrinakis was filed praying
for a decree to change her name from
Mary Kastrinakis to Maria Kastrinakis. The Court has fixed December 5,
2008 at 9:00 a.m. in Motions Court
(Courtroom No. 4) of the Northampton County Courthouse, 669 Washington Street, Easton, Pennsylvania,
for hearing. All persons interested
may appear and show cause, if any
CORPORATE FICTITIOUS NAME
NOTICE
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:
T/N/T CAR AND AUDIO
11
Vol. 55 No. 41
they have, why the prayer of said
Petition should not be granted.
EDWARD P. SHAUGHNESSY,
ESQUIRE
Counsel for Petitioner
731 Lehigh Street
Easton, PA 18042
(610) 258-9955
Oct. 9
defenses or objections in writing with
the Court. You are warned that if you
fail to do so, the case may proceed
against 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 PAPER
TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP. 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 YOUR WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE:
NORTH PENN LEGAL
SERVICES, INC.
65 E. Elizabeth Avenue
Suite 903
Bethlehem, PA 18018
(610) 317-8757 (Telephone)
IF YOU CAN AFFORD TO HIRE A
LAWYER BUT DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
LAWYER REFERRAL SERVICE
155 South Ninth Street
Easton, PA 18042
(610) 258-6333 (Telephone)
ESQUIRE
I.D. No. 52637
Counsel for Plaintiff
731 Lehigh Street
Easton, PA 18042
Oct. 9
IN THE COURT OF COMMON
PLEAS OF NORTHAMPTON
COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
JURY TRIAL DEMANDED
NAOMI GOMEZ, Individually, and
as Parent and Natural Guardian of
ADRIANNA AGUILAR,
Plaintiff
vs.
MIGUEL AMADOR, First
Defendant; and SERGIO AMADOR,
Second Defendant,
Defendants
No. C-48-CV-2008-5810
To: Miguel Amador
The Plaintiff is Naomi Gomez, Individually, and as Parent and Natural
Guardian of Adrianna Aguilar. The
Defendant is Miguel Amador, whose
last known addresses are 926 Washington Street, Easton, PA 18042, 725
Sassafrass Street, Easton, PA 18042
and 226 Main Street, Phillipsburg, NJ
08865. The suit involves injuries
sustained by the Minor Plaintiff as a
result of an automobile accident
which occurred on June 16, 2006 at
the intersection of Lehigh and South
11th Streets in Easton, Pennsylvania.
You are hereby notified to plead to
the above-referenced claim on or
before twenty (20) days from the date
of this publication, or a judgment will
be entered against you.
NOTICE
If you wish to defend, you must
enter a written appearance personally or by an attorney and file your
12
10/9/2008
Vol. 55 No. 41
CIVIL DIVISION
U.S. BANK NATIONAL
ASSOCIATION as Trustee for the
Series JPM ALT 2006-S3,
Plaintiff
vs.
THE UNKNOWN HEIRS of
BRIAN R. CONAHAN,
Defendant
NO.: C-48-CV-2008-8813
NOTICE
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
plaintiff. You may lose money or
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.
BE ABLE TO PROVIDE YOU WITH
REDUCED FEE OR NO FEE.
(ARIS)
155 S. Ninth Street
Easton, PA 18042
(610) 258-6333
Oct. 9
13
10/9/2008
CIVIL ACTION—LAW
JURY TRIAL DEMANDED
NAOMI GOMEZ, Individually, and
as Parent and Natural Guardian of
ADRIANNA AGUILAR,
Plaintiff
vs.
MIGUEL AMADOR, First
Defendant; and SERGIO AMADOR,
Second Defendant,
Defendants
No. C-48-CV-2008-5810
To: Sergio Amador
The Plaintiff is Naomi Gomez, Individually, and as Parent and Natural
Guardian of Adrianna Aguilar. The
Defendant is Sergio Amador, whose
last known addresses are 1523 Liberty Street, Apartment A, Easton, PA
18042, 110 15th Street, Easton, PA
18042 and 215 9th Street N, Easton,
PA 18042. The suit involves injuries
sustained by the Minor Plaintiff as a
result of an automobile accident
which occurred on June 16, 2006 at
the intersection of Lehigh and South
11th Streets in Easton, Pennsylvania.
You are hereby notified to plead to
the above-referenced claim on or
before twenty (20) days from the date
of this publication, or a judgment will
be entered against you.
NOTICE
enter a written appearance personally or by an 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
against you and a judgment may be
Plaintiff. You may lose money or
you.
Vol. 55 No. 41
10/9/2008
vs.
Unknown Heirs of Williams S.
Yearwood, Deceased &
BERNADETTE YEARWOOD, Solely
in Her Capacity as Heir of William
S. Yearwood, Deceased, Mortgagors
and Real Owners,
Defendant(s)
No. C-48-CV-2008-7048
TO: Unknown Heirs of Williams S.
Yearwood Deceased & BERNADETTE YEARWOOD, Solely in Her
Capacity as Heir of William S.
Yearwood, Deceased, MORTGAGORS AND REAL OWNERS,
DEFENDANT(S), whose last
known address is 132 East Garrison Street, Bethlehem, PA
18018.
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR
CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED
FOR THE PURPOSE OF COLLECTING THE DEBT.
You are hereby notified that Plaintiff, COUNTRYWIDE HOME LOANS
INC., has filed a Mortgage Foreclosure
Complaint endorsed with a notice to
defend against you in the Court of
Common Pleas of Northampton
County, Pennsylvania, docketed to
No. C-48-CV-2008-7048, wherein
Plaintiff seeks to foreclose on the
mortgage secured on your property
located, 132 East Garrison Street,
Bethlehem, PA 18018, whereupon
your property will be sold by the
Sheriff of Northampton County.
NOTICE
You have been sued in court. If
you wish to defend against the claims
set forth in the following pages, you
must take action within twenty (20)
days after the Complaint and notice
are served, by entering a written appearance personally or by attorney
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
BE ABLE TO PROVIDE YOUR WITH
REDUCED FEE OR NO FEE:
NORTH PENN LEGAL
SERVICES, INC.
65 E. Elizabeth Avenue
Suite 903
Bethlehem, PA 18018
(610) 317-8757 (Telephone)
IF YOU CAN AFFORD TO HIRE A
LAWYER BUT DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
155 South Ninth Street
Easton, PA 18042
(610) 258-6333 (Telephone)
ESQUIRE
I.D. No. 52637
Counsel for Plaintiff
731 Lehigh Street
Easton, PA 18042
Oct. 9
PLEAS NORTHAMPTON COUNTY
CIVIL ACTION—LAW
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
COUNTRYWIDE HOME LOANS
INC.,
Plaintiff
14
Vol. 55 No. 41
10/9/2008
REDUCED FEE OR NO FEE.
155 S. Ninth St.
Easton, PA 18042
(610) 258-6333
LEHIGH VALLEY LEGAL
SERVICES
65 E. Elizabeth Ave.
Suite 903
Bethlehem, PA 18018
(610) 317-8757
MICHAEL T. McKEEVER, ESQUIRE
GOLDBECK McCAFFERTY &
McKEEVER, P.C.
Attorneys for Plaintiff
Suite 5000
Mellon Independence Center
701 Market St.
Philadelphia, PA 19106-1532
(215) 627-1322
Oct. 9
and filing in writing with the court
your defenses or objections to the
claims set forth against you. You are
warned that if you fail to do so the
case may proceed without you and a
judgment may be entered against you
by the Court without further notice
for any money claim in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights
important to you.
FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
BE ABLE TO PROVIDE YOU WITH
15
Vol. 55 No. 41
10/9/2008
NOTICE
NOTICE IS HEREBY GIVEN that the Tax Claim Unit, Fiscal Affairs, Northampton County, Pennsylvania, did present to
the Court of Common Pleas of Northampton County, Pennsylvania its consolidated return of the sale of properties conducted
by the said Unit on September 18, 2008. Confirmation Nisi of
said return was entered by the Court of Common Pleas on the
6th day of October 2008. Section 607(b) of the Act of Assembly
of July 7, 1947, P.L. 1369, provides that objections thereto may
be filed by any owner or lien creditor within thirty (30) days
after date of Confirmation Nisi of the consolidated return and
if no objections or exceptions are made thereto, a Decree of
Absolute Confirmation shall be entered as of course by the
Prothonotary of Northampton County, Pennsylvania.
BY: Cindy M. Hoffer
Supervisor Tax Claim Unit
Fiscal Affairs
Northampton County
Oct. 9
16
Vol. 55 No. 41
10/9/2008
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
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



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
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
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17
Vol. 55 No. 41
10/9/2008
IN THE SUPERIOR COURT OF PENNSYLVANIA
:
In Re: Appellate Mediation : No. 2
Program
: Administrative Order
: Docket, 2008
:
ORDER
AND NOW, this 29th day of September, 2008, in the interest of providing an effective alternative means of resolving
disputes on appeal and for purposes of efficient case management, the Superior Court of Pennsylvania hereby expands its Appellate Mediation Program. This program will
involve civil, Orphans’ Court and family-related appeals
docketed in the Western District.
The court further appoints Ann L. Begler, Esquire, as
Court Mediator. The Mediator is responsible for the selection of appeals.
By the Court:
Kate Ford Elliott,
President Judge
Oct. 9
18
Vol. 55 No. 41 10/9/2008
NORTHAMPTON COUNTY REPORTER DIGEST—2008-10
RECENT DECISIONS OF THE COURTS OF COMMON PLEAS
OF NORTHAMPTON COUNTY
COMMONWEALTH OF PENNSYLVANIA v.
McKENZIE ST. FORT-COLIN, DEFENDANT
Omnibus Pretrial Motions—Motion to Suppress Evidence—Pa. R.Crim.P §578; Petition for Writ of Habeas Corpus; Firearms Not to be Carried Without a License, 18 Pa.
C.S.A. §6101(a)(1); Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer
Firearms, 18 Pa. C.S.A. §6105(a)
In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal
Division, No. C-48-C-2006-0216.
Order of Court denying Defendant’s Omnibus Pretrial Motions for Relief.
John L. Obrecht, Esquire, Assistant District Attorney for the Commonwealth of
Pennsylvania.
Mark L. Minotti, Esquire for Defendant.
Order of Court entered August 15, 2007 by Emil Giordano, J.
DESCRIPTION OF DECISION
On December 21, 2006, Officer John Gipp, hereinafter “Ofc. Gipp,” of the City of
Easton Police Department, observed Defendant exit Chubby’s Beer Store located at
147 West St. Joseph Street, Easton Pennsylvania, Northampton County, and walk up
to a white Ford Expedition bearing the license plate of FWS-9431, open the drive side
door, reach into the vehicle, close the door, lock the vehicle, and walk across a parking
lot in the direction of a Chinese Restaurant. Believing Defendant had retrieved a firearm
from the Ford Expedition, Ofc. Gipp followed Defendant to the Chinese Restaurant.
When Defendant exited the Restaurant, Ofc. Gipp informed Defendant, Lieutenant Scott
Casterline was to arrive shortly to serve Defendant with papers unrelated to this incident.
Ofc. Gipp then asked Defendant if he would allow Ofc. Gipp to conduct a pat down
search of Defendant. Defendant placed some Chinese food on Ofc. Gipp’s patrol car and
proceeded to flee from Ofc. Gipp across the parking lot toward St. Joseph Street.
While pursuing Defendant across several yards and fences, Ofc. Gipp heard a loud
sound he believed was a large metallic object hitting the sidewalk. Although Ofc. Gipp
was ultimately unsuccessful in apprehending Defendant at that time, Ofc. Gipp returned
to the area where he heard the loud sound and found a black 9-mm semi-automatic
handgun laying on the ground. Defendant was eventually located, arrested, and charged
with the one count of Firearms Not to be Carried Without a License, 18 Pa. C.S.A.
§6101(a)(1) and one count of Persons Not to Possess, Use, Manufacture, Control, Sell
or Transfer Firearms, 18 Pa. C.S.A. §6105(a).
In Defendant’s first Motion, Defendant sought to exclude the black 9-mm semiautomatic handgun, claiming it was obtained as a result of an unlawful stop and frisk
under Terry v. Ohio, 392 U.S. 1 (1968). The Court held Ofc. Gipp possessed the requisite
reasonable suspicion to conduct a Terry-style stop and frisk of Defendant as Ofc. Gipp
was able to point to specific, articulable facts indicating why, in light of his experience
as a police officer, he felt it necessary to pat down Defendant.
Thus, the Court allowed the Commonwealth to introduce the black 9-mm semiautomatic handgun into evidence pursuant to Terry v. Ohio, 392 U.S. 1 (1968). As
Defendant’s Second Omnibus Pretrial Motion for writ of habeas corpus was based on
19
Vol. 55 No. 41 10/9/2008
the expected exclusion of the 9-mm semi-automatic handgun, the Court denied said
Motion.
IN RE: INVOLUNTARY TERMINATION OF C.E.K. AND A.A.K.B.
Petition for Involuntary Termination of Parental Rights—Pa. R.C.P. 1038(b)
In the Court of Common Pleas of Northampton County, Pennsylvania, Orphans’
Court Division, No. 2006-0036.
Finding of Fact, Conclusions of Law, and Accompanying Discussion of the Court
denying Northampton County Division of Children, Youth and Families’ Petition for
Involuntary Termination of Parental Rights.
Ellen S. Kingsley, Esquire, Assistant Solicitor of Northampton County for Northampton County Division of Children, Youth and Families.
John W. Rybak, Esquire Guardian ad Litem for C.E.K. and A.A.K.B.
Robert Glazer, Esquire for Ms. Jennifer Brinson.
Finding of Fact, Conclusions of Law, and Accompanying Discussion entered on
February 26, 2008.
This matter came before the Honorable Court on Northampton County Division of
Children, Youth and Families’ Petition for Involuntary Termination of Parental Rights
against the mother of two minors, C.E.K. and A.A.K.B. Northampton County Division
of Children, Youth and Families, hereinafter the “Agency,” filed the Petition wherein it
averred the Court should involuntarily terminate the parental rights of the mother of the
two minors in question pursuant to 23 Pa. C.S.A §§2551(a)(1),(2), (5), and (8). After
the Court reviewed the evidence set forth at a non-jury trial, and the briefs submitted
by counsel for all parties, the Court denied the Agency’s Petition.
The Agency first averred the mother failed to perform parental duties or had evidenced a settled purpose of relinquishing her parental claim to the children for a period
of six (6) months immediately preceding the Agency’s filing of the Petition. The Court
ruled the unequivocal evidence demonstrated the mother had not evinced the deliberate
decision to terminate her relationship with her children. Instead, the Court found the
credible evidence set forth at trial indicated the mother wanted nothing more than the
return of her children. For this reason, the Court held the Agency failed to set forth the
necessary evidence to indicate involuntary termination was appropriate pursuant to 23
Pa. C.S.A. §2511(a)(1).
The Agency then averred the mother engaged in repeated and continued incapacity, abuse, neglect, or refusal that caused the children to be without essential parental
care, control, or subsistence necessary for their physical and mental well-being and the
conditions and causes of the incapacity, abuse, neglect, or refusal could not or would
not be remedied by the mother. The Court found no evidence presented at the trial
indicated the mother engaged in repeated and continued incapacity, abuse, neglect, or
refusal that caused the children to be without essential parental care necessary for their
well-being. For these reasons, the Court ruled the Agency had failed to meet its burden
of producing clear and convincing evidence of the aforementioned factors necessary to
warrant involuntary termination pursuant to 23 Pa. C.S.A. §2511(a)(2).
The Agency lastly averred the mother’s parental rights should be involuntarily
terminated pursuant to 23 Pa. C.S.A. §2511(a)(5) and 23 Pa. C.S.A. §2511(a)(8). The
Court ruled the Agency failed to satisfy all elements required for termination of parental
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rights pursuant to said sections. The Court found the mother of the minors evidenced
an ability to remedy the conditions that led to her children’s placement, and upheld her
affirmative duty to work toward her children’s return. In addition, the Court found the
mother would still be eligible for aid from the appropriate services and had demonstrated
her ability to meet the needs and welfare of her children.
PENN STAINLESS PRODUCTS, INC., PLAINTIFF v.
KEYSTONE FABRICATING, INC., DEFENDANT
Preliminary Objections—Motion for a More Specific Pleading—Pa. R.C.P. §1028(a)(3);
Failure to Conform to Law or Rule of Court—Pa. R.C.P. §1028(a)(2); and Demurrer—
Pa. R.C.P. §1028(a)(4)
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil
Division—Law, No. C-48-CV-2007-4668.
Order of Court sustaining Defendant’s Preliminary Objections in part, and denying
Defendant’s Preliminary Objections in part.
Lori M. Peters, Esquire for Plaintiff.
Leo V. DeVito Jr., Esquire and Louis J. Mattioli III., Esquire for Defendant.
Order of Court entered September 17, 2007 by Emil Giordano, J.
On June 7, 2007, Plaintiff filed its Complaint alleging Defendant breached a contract
by failing to pay for certain processed stainless steel products it received from Plaintiff. On July 17, 2007, Defendant requested the Court sustain its three (3) preliminary
objections asserting: (1) Plaintiff did not plead with sufficient specificity pursuant to
Pa. R.C.P. §1028(a)(3); (2) Plaintiff failed to conform to law or rule of court pursuant
to Pa. R.C.P. §1028(a)(2); and (3) Plaintiff failed to state a claim on which relief can
be granted pursuant to Pa. R.C.P. §1028(a)(4).
The Court granted Defendant’s first Objection finding Plaintiff failed to plead with
sufficient specificity in its cause of action for Defendant’s purported breach of contract.
The Court held Plaintiff had neglected to plead with sufficient specificity Defendant’s
liability according to the three (3) elements of a breach of contract claim as prescribed
in Pittsburgh Const. Co. v. Griffith, 834 A.2d 572 (Pa. Super. 2003). Therefore, the
Court granted Plaintiff twenty (20) days to amend its complaint to include Defendant’s
liability according to the said test.
The Court further granted Defendant’s second Preliminary Objection finding Plaintiff failed to conform to law or rule of court by breaching Pa. R.C.P. §1019(h), which
requires Plaintiff state in its Complaint whether its alleged contract with Defendant
was oral or written. In addition, the Court held Plaintiff failed to supply a copy of any
written contract pursuant to Pa. R.C.P. §1019(i). As a result, the Court granted Plaintiff
twenty (20) days to amend its Complaint to conform to Pennsylvania Rules of Civil
Procedure 1019(h)-(i).
Finally, the Court denied Defendant’s Preliminary Objection in the nature of a demurrer finding Plaintiff has alleged facts in which relief can be granted and Defendant
failed to show Plaintiff’s breach of contract claim was free of doubt.
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JOHN PROCOPIO, AN INCAPACITATED PERSON,
BY HENRY R. NEWTON, JR., ESQ., GUARDIAN, PLAINTIFF v.
CITIMORTGAGE, INC., COMMERCE SETTLEMENT
SERVICES, LP., & THERESA WILSON, DEFENDANT
Preliminary Objections—Pa. R.C.P. 1028(a)(4)
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division, No. C-0048-CV-2007-4477.
Opinion of the Court denying Defendants’ Preliminary Objections to Plaintiff’s
Amended Complaint.
Douglas Jon Tkacik, Esquire for Plaintiff.
Barbara K. Hager, Esquire for Defendant.
Opinion entered on November 14, 2007 by Emil Giordano, J.
This matter came before the Honorable Court on Defendants’ Preliminary Objections to
Plaintiff’s Amended Complaint. Plaintiff first filed a Preliminary Injunction incorporating the allegations set forth in his initial Complaint filed on June 5, 2007. On July 19,
2007, a Court granted Plaintiff’s Preliminary Injunction. Thereafter, Plaintiff filed an
Amended Complaint to which Defendant responded to by filing the instant Preliminary
Objections in the nature of a demurer pursuant to Rule 1028(a)(4) of the Pennsylvania
Rules of Civil Procedure.
Defendant demurred to the First and Second Counts in Plaintiff’s Amended Complaint wherein Plaintiff requested the Court declare a Mortgage agreement entered into
between Plaintiff and Defendant unenforceable pursuant to 42 Pa. C.S.A. §7532. The
Court reasoned that the gravamen of the case was ultimately whether Plaintiff could
establish he was clearly incapacitated at the time he contracted with Defendant. The
Court held whether Plaintiff was incapacitated at the time of contracting with Defendant
remained a legitimate question which the Court had no answer. Furthermore, when
Plaintiff’s well-plead factual averments were presumed true, the Court found the law
did not state with certainty that no recovery was possible for Plaintiff. Thus, the Court
denied Defendant’s Preliminary Objections in the nature of demurrer to Plaintiff’s First
and Second Counts of his Complaint.
Defendant further demurred to Plaintiff’s Second Count of Plaintiff’s Amended
Complaint wherein Plaintiff set forth a cause of action for breach of contract. In his
Complaint, Plaintiff averred Defendant breached its duty of good faith and fair dealing when it contracted with Plaintiff knowing Plaintiff: (1) lacked the requisite mental
capacity to contract; (2) Plaintiff lacked the ability to repay the debt; and (3) the debt
paid as a result of the contract was that of a third party, not Plaintiff. The Court, when
it presumed as true all the well-pleaded material, factual averments and all inferences
fairly deducible therefrom in Plaintiff’s favor, it found the law did not preclude Plaintiff
from recovering. Thus, the Court DENIED Defendant’s Preliminary Objection in the
nature of a demurer to the Second Count.
Defendant next requested the Court dismiss Plaintiff’s claim for breach of fiduciary
duty as a matter of law. The Court again disagreed. Plaintiff averred in his Amended
Complaint that his mental state at the time he contracted with Defendant precluded
him from entering into such an agreement and that Defendant knew of this condition.
When presumed to be true, the Court held that Plaintiff would have grounds to recover.
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Thus, the Court denied Defendant’s Preliminary Objection to Plaintiff’s Fourth Count
of his Complaint.
Defendant further demurred to Plaintiff’s averment that Defendant was liable for
civil conspiracy. The Court agreed with Defendant’s demurrer. The Court found Plaintiff
proffered no evidence to suggest Defendant conspired to defraud Plaintiff of fifty-one
thousand dollars ($51,000.00), nor that Defendant intended to injure Plaintiff without
justification. As a result, the Court held Plaintiff failed to set forth any well-pleaded
factual averment to establish a cause of action upon which recovery is possible. Thus,
the Court granted Defendant’s demurrer on the Sixth Count of Plaintiff’s Amended
Complaint.
Defendant last demurred to Plaintiff’s averment that the Court should impose a
constructive trust upon any funds Defendant sought to recover from Plaintiff. The Court
reasoned Plaintiff had pled sufficient facts to warrant the imposition of a constructive
trust; therefore, Defendant’s final demurrer was not warranted in the matter at bar.
SAUCON VALLEY PROPERTIES, LLC., PLAINTIFF v.
PHILIP DERSTINE AND FAITH DERSTINE, H/W, AND ROBERT
McVAUGH AND CHRISTINE McVAUGH, H/W, DEFENDANTS
Petition to Strike and/or Open
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil
Division—Law, No. C-48-CV-2007-9879.
Order of Court granting Petition to Strike and/or Open.
Thomas M. Caffrey, Esquire for Plaintiff.
Mark F Himsworth, Esquire for Defendants.
Order of Court entered April 29, 2008, by Emil Giordano, J.
On June 20, 2007, Defendants entered into a lease of property with Plaintiff located
at Black River Plaza, Route 378 and Black River Road in Bethlehem, Pennsylvania,
18015, hereinafter the “Property,” for the purpose of operating an insurance business.
Plaintiff and Defendants’ lease was to run for a four-year term beginning on July 1,
2007, through June 30, 2011, wherein Defendants would pay a total of one hundred
twenty, three hundred fifty-four thousand dollars ($120,354.00) in varying increments
over the course of the lease. After paying one month’s rent, and purportedly spending
in excess of thirty thousand dollars ($30,000.00) on improvements to the Property,
Defendants claim they learned the Property is located directly beside a massage parlor/
house of prostitution. Defendants profess they would not have executed the lease had
they known of the massage parlor/house of prostitution’s existence.
On October 5, 2007, Defendants’ counsel sent a letter to Plaintiff wherein Defendants
expressed their wish to terminate the parties’ lease due to Plaintiff’s alleged failure
to disclose the existence of the massage parlor/house of prostitution. In response, on
November 7, 2007, Plaintiff filed a Confession of Judgment and Complaint wherein
Plaintiff confessed judgment in the amount of two hundred three thousand, one hundred
eighty-seven dollars and seventy-five cents ($203,187.75) plus late charges of twenty
dollars ($20.00) per day, pursuant to a warrant of attorney provision included in Plaintiff
and Defendant’s lease. On November 19, 2007, Defendants filed the instant Petition to
Strike and/or Open Plaintiff’s Confessed Judgment.
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In their Petition, Defendants averred they were entitled to relief because Plaintiff
delineated certain items owed by Defendants in Paragraph 8 of its Confession of Judgment and Complaint, that are not recoverable under Plaintiff and Defendants’ warrant
of attorney provision in the lease. Specifically, Defendants argue the Common Area
Maintenance Charges, hereinafter referred to as “CAM” charges, restoration costs, and
late fees are not recoverable. The Court granted Defendants’ Petition finding Plaintiff’s
Confession of Judgment and Complaint and the warrant of attorney provision of the
parties’ lease did not delineate the same costs as required by law under Langman v.
Metropolitan Acceptance Corp., 465 A.2d 5 (Pa. Super. 1983).
First, the Court found Plaintiff properly included CAM charges in its Confession
of Judgment and Complaint as said charges were included in the warrant of attorney
provision through a rent definition located in Paragraph 2(c) of the parties’ lease entitled
“Additional Rent—Common Area Maintenance Fees.” Second, the Court found Plaintiff improperly included the balance of costs required to restore the Property totaling
twenty-nine thousand, one hundred fifteen dollars ($29,115.00) in its Confession of
Judgment and Complaint, as said costs were not included nor defined in rent definitions
incorporated within the warrant of attorney provision as required by law. Finally, the
Court found Plaintiff improperly included late payments in its Confession of Judgment
and Complaint, as said payments were not included in the warrant of attorney provision
in the parties’ lease as required by law.
PERIODICAL PUBLICATION
* Dated Material. Do Not Delay. Please Deliver Before Monday, October 13, 2008
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