Vol. LVI Allentown, PA Friday, March 25, 2016 No. 91

Transcription

Vol. LVI
Allentown, PA Friday, March 25, 2016
1
No. 91
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
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Swearing-In Ceremony for
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Eastern District of Pennsylvania
Presiding Judges
Honorable Franklin S. Van Antwerpen
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Thursday, May 5, 2016
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11
Commonwealth vs. Knauss
844
COMMONWEALTH OF PENNSYLVANIA vs.
JOSEPH KNAUSS
Post Conviction Relief Act—Timeliness Requirements of
PCRA—Withdrawal of PCRA Petition—Ineffective Assistance of
Counsel—Mental Illness.
Appellant’s withdrawal of his first petition under the Post Conviction Relief Act
precluded consideration of his second untimely petition, and neither his claims of ineffective assistance of counsel nor his mental health issues provided an exception to the time
bar.
In the Court of Common Pleas of Lehigh County, Pennsylvania—Criminal Division. No. CR-5595-2010, Superior Court No.
1801 EDA 2015. Commonwealth of Pennsylvania vs. Joseph
Knauss.
Heather Gallagher, Esquire, Chief of Appeals, on behalf
of Commonwealth.
Joseph Knauss, Pro Se.
Steinberg, J., July 29, 2015. On June 14, 2013, the appellant,
Joseph Knauss, entered a guilty plea to Aggravated Assault,1 a felony
of the first degree. The appellant, who was operating a Volkswagen
Jetta, intentionally ran down the victim, Richard Heydt, who was
walking in a local parking lot. Mr. Heydt suffered traumatic injuries
and was transported from the scene to the hospital where he was
admitted to the intensive care unit.2 His injuries were detailed during
the guilty plea, but included a concussion, broken nose and cheekbone.3
On the same date, the appellant was sentenced pursuant to a
fixed plea agreement to not less than four (4) years nor more than
eight (8) years in a state correctional institution. Mr. Heydt, during
the sentencing phase of the proceedings, testified about his laborious
road to recovery.4 Mr. Heydt, who had just retired from teaching at
the time he was injured, described how he was still affected by the
appellant’s actions.5
18 Pa. C.S. §2702(a)(1).
Notes of Testimony, Guilty Plea/Sentencing (hereinafter N.T.GP), p. 12.
3
Id. at pp. 12-13.
4
N.T.GP at p. 21.
1
2
5
Id. at pp. 21-22.
12
Lehigh 7-17 op
845
On February 6, 2014, the appellant filed a pro se “Motion for
Post Conviction Collateral Relief ” (hereinafter PCRA). Attorney
Robert Sletvold was appointed to represent the appellant and filed an
“Amended Motion for Post Conviction Collateral Relief Pursuant to
the Post Conviction Relief Act 42 Pa. C.S. § 9541 et seq” (hereinafter
Amended Motion), on September 16, 2014. On October 10, 2014 the
appellant then filed a “Petition to Withdraw Petition for Post Conviction Collateral Relief.”
A hearing to address the appellant’s motions/petitions was held
on November 18, 2014. A colloquy was conducted with the appellant
that reflects that the appellant was fully competent and aware of the
consequences of his actions.6 The appellant was aware that if he was
able to withdraw his guilty plea he would face a trial with all of the
original charges, including Attempted Criminal Homicide.7 He was
also aware that his original sentence was based on a fixed plea agreement, and if convicted, he could face a sentence greater than four to
eight years.8 The appellant did not wish to go to trial, and requested
to withdraw his PCRA petition.9 The appellant testified that he was
not forced to withdraw his petition and was doing so of his own free
will. He also testified that he had no problems understanding what
was explained to him, and nothing was affecting his ability to understand the proceedings.10 Finally, in response to Attorney Sletvold’s
inquiries, he testified that Attorney Sletvold had done everything asked
of him.11
The appellant apparently reconsidered his decision because he
filed what he called an “Amended Petition for Post Conviction Collateral Relief/Writ of Habeas Corpus” on April 21, 2015. This document was treated by this Court as a second petition under the PCRA.
On April 24, 2015, this Court issued a notice pursuant to Pa.
R.Crim.P. 907(1) of this Court’s intention to dismiss the appellant’s
second PCRA petition “within twenty (20) days of the date of this
Notes of Testimony, PCRA hearing (hereinafter N.T.PCRA), pp. 10-16.
Id. at p. 12.
8
Id. at pp. 12-13.
9
Id. at p. 14.
10
Id. at pp. 14-15.
11
N.T.PCRA at p. 15.
13
6
7
Lehigh 7-17 op
846
Order.” The appellant filed “Petitioners [sic] Response to the Courts
[sic] Order Dated April 24, 2015 Showing Genuine Issues of Material Facts Exist” on May 6, 2015.12 Following review of that response,
the appellant’s PCRA petition was dismissed on May 26, 2015.13
On June 17, 2015, the appellant filed a “Notice Of Direct Appeal” from an Order dated June 4, 2015. On that date, this Court
dismissed the appellant’s “Motion to Alter/Amend/Vacate Judgement
(sic) Entered on May 26, 2015.”14 The appellant filed a second “Notice
of Appeal” on June 26, 2015 from an Order dated June 4, 2015, which
also dismissed his “Motion to Compell (sic) Evidentiary Hearing on
Petitioners [sic] Motion to Void All Contracts Ab-Nitto (sic)/(Initium).”15 Both of these orders were issued after the dismissal of the
appellant’s PCRA petition.16
On July 14, 2015, this Court directed the appellant to file a Pa.
R.A.P. 1925(b) Concise Statement of the Errors Complained of on
Appeal (hereinafter Statement). The appellant, in response, filed two
documents: (1) “Pa.R.App. Pro - 1925B Statement/Concise Statement
of Errors Complained on Appeal + Filed on June 26th 2015 Appealing the Court Order Entered on June 4, 2015”; (2) “Pa.R.App. Pro 1925(B) Statement/Concise Statement of Errors Complained on
Appeal Filed on June 17th 2015.” These documents, which are
12
On the same date, the appellant filed a document identified as an “Addendum to
Amended PCRA Petition/Writ of Habeas Corpus.”
13
The appellant filed the following series of petitions after the dismissal of his PCRA
petition: (1) “Petition for PCRA Transcript From 11-18-14 …”; (2) “Writ of Habeas Corpus
Ad-Testificandum/Letter Brief to Support Amended PCRA”; (3) “Motion to Compell (sic)
Evidentiary Hearing on Petitioners [sic] Motion to Void All Contracts Ab-Nitti (sic)/(Initium)”; (4) “Motion To Alter/Amend/Vacate Judgment Entered on May 26, 2015”; (5)
“Notice of Federal Writs/Kings [sic] Bench Writs + Motion to Remove Counsel Robert
Sletvold off the Criminal Docket”; (6) “Subsequent Amended Petition for Post Conviction
Collateral/Relief/New Evidence”; and (7) “2nd Subsequent Amended Petition for Post
Conviction Collateral Relief/New Evidence.”
14
The Superior Court has docketed that appeal as 1801 EDA 2015.
15
The Superior Court docketed that appeal as 1966 EDA 2015, but it was dismissed
on July 20, 2015 as duplicative.
16
The appellant also filed a “Notice of Direct Appeal” from the dismissal of his
PCRA petition. The appeal was filed on June 5, 2015, but was never docketed with the
Superior Court. It appears the reason it was not docketed is because the Clerk of Judicial
Records notified the appellant about deficiencies in his appeal. Thereafter, when the appellant
filed his corrected appeal on June 17, 2015, he appealed the order dated June 4, 2015, not May
26, 2015.
14
Lehigh 7-17 op
847
mostly balderdash, and include allegations of fraud, treason, and
“baritrey [sic],”17 allege that both trial and PCRA counsel were ineffective. The appellant contends that he was coerced into entering his
guilty plea and withdrawing his PCRA petition. Additionally, the appellant complains that his mental health medication interfered with
his ability to understand the proceedings.
Discussion
All of the appellant’s petitions are subject to the PCRA, and are
untimely. See 42 Pa. C.S. §9542; Commonwealth v. Peterkin, 554 Pa.
547, 552, 722 A.2d 638, 640 (1998) (The PCRA subsumes all forms
of collateral relief to the extent that a remedy is available under the
act); Commonwealth v. Hackett, 598 Pa. 350, 363, 956 A.2d 978, 986
(2008); Commonwealth v. Taylor, 65 A.3d 462, 466 (Pa. Super. 2013);
Commonwealth v. Jackson, 30 A.3d 516, 521 (Pa. Super. 2011); Commonwealth v. Stout, 978 A.2d 984, 987 (Pa. Super. 2009). His
“Amended Petition for Post Conviction Collateral Relief/Writ of
Habeas Corpus” is actually a second PCRA petition. His first petition
was withdrawn at the hearing held on November 18, 2014.
The appellant entered his guilty plea to Aggravated Assault and
was sentenced on June 14, 2013. No direct appeal was filed, and so
his judgment of sentence became final for PCRA purposes on or about
July 14, 2013, when the thirty-day appeal period expired. Commonwealth v. Garcia, 23 A.3d 1059, 1062 (Pa. Super. 2011). See generally, Commonwealth v. McKeever, 947 A.2d 782, 785 (Pa. Super.
2008). Appellant had until July 14, 2014 to file a timely PCRA petition,
including a second or subsequent petition. His most recent PCRA
petition was not filed until April 21, 2015, making it untimely by over
nine (9) months.
“A PCRA petition, including a second or subsequent one, must
be filed within one year of the date the petitioner’s judgment of sentence became final, unless he pleads and proves one of the three exceptions outlined in 42 Pa.C.S. § 9545(b)(1).” Commonwealth v. Jones,
617 Pa. 587, 590-91, 54 A.3d 14, 16 (2012); Commonwealth v. Harris,
972 A.2d 1196, 1199-1200 (Pa. Super. 2009). The PCRA’s timeliness
17
Barratry—A person is guilty of a misdemeanor of the third degree if he vexes
others with unjust and vexatious suits. See 18 Pa. C.S. §5109.
15
Lehigh 7-17 op
848
requirements are jurisdictional, and the merits of an untimely petition
may not be considered. Jones, supra at 591, 54 A.3d at 17; Commonwealth v. Burton, 936 A.2d 521, 525 (Pa. Super. 2007); Commonwealth
v. Taylor, 933 A.2d 1035, 1038 (Pa. Super. 2007).
Here, the appellant’s first PCRA petition was timely filed, but
later withdrawn on November 18, 2014. His decision to withdraw that
petition precludes consideration of his second untimely petition. Commonwealth v. Rienzi, 573 Pa. 503, 827 A.2d 369 (2003) (one year
mandatory time requirement of the PCRA was not tolled for filing of
second PCRA petition because first petition, which was timely filed,
was withdrawn). Likewise, the assertion by appellant that PCRA
counsel was ineffective does not provide an exception to the time bar.
Commonwealth v. Gamboa-Taylor, 562 Pa. 70, 80, 753 A.2d 780,
785-86 (2000) (a claim of ineffectiveness of counsel does not save an
otherwise untimely PCRA petition); Commonwealth v. Pursell, 561
Pa. 214, 222, 749 A.2d 911, 915 (2000); Commonwealth v. Morris,
573 Pa. 157, 175, 822 A.2d 684, 694-95 (2003) (claimant may not
circumvent the time requirements of the PCRA by raising claims
regarding PCRA counsel’s ineffectiveness).
Finally, the appellant’s assertions regarding his mental health do
not excuse his untimely PCRA petition. “[T]he general rule remains
that mental illness or psychological condition, absent more, will not
serve as an exception to the PCRA’s jurisdictional time requirements.”
Commonwealth v. Monaco, 996 A.2d 1076, 1081 (Pa. Super. 2010).
The limited exception to that rule has no applicability to the within
case. See Commonwealth v. Cruz, 578 Pa. 325, 336-42, 852 A.2d 287,
293-97 (2004) (self-inflicted gunshot wound which resulted in serious
brain injury excused delay in filing PCRA petition until brain injury
had healed).
If the appellant’s substantive complaints regarding his decision
to withdraw his PCRA petition are reviewed, they are based upon the
following: (1) dissatisfaction with PCRA and trial counsel;18 and (2)
his mental health medication interfered with his ability to understand
the PCRA proceedings.19 However, all of the appellant’s current
complaints are in contradiction to his testimony under oath at the
18
19
“Amended Petition for Post Conviction Collateral Relief ... ” at ¶¶3-5.
“Addendum to Amended PCRA Petition ...” at ¶1.
16
Lehigh 7-17 op
849
original PCRA hearing held on November 18, 2014. The appellant,
in response to questions asked of him by PCRA counsel, testified that
counsel did everything asked of him. His decision to withdraw his
PCRA petition was done freely, and he was not forced to do so.20
Nothing in the colloquy with the appellant would suggest that he was
coerced or did not understand the proceedings. More importantly,
the appellant on his own filed a petition to withdraw his request for
PCRA relief on October 10, 2014.21
A petition for post-conviction collateral relief may be withdrawn
at any time. Pa. R.Crim.P. 905(A). See also, Commonwealth v. Baker,
556 Pa. 427, 430, 728 A.2d 952, 953 (1999). The appellant’s PCRA
petition was withdrawn after counsel was appointed to review this
matter with the appellant,22 and a colloquy under oath was conducted
with the appellant. Following that colloquy and with the appellant’s
assent, his PCRA petition was dismissed. Commonwealth v. Williams,
573 Pa. 613, 624, 828 A.2d 981, 987 (2003) (the withdrawal of a PCRA
petition requires action from a judge); Commonwealth v. Baker, 72
A.3d 652, 667 (Pa. Super. 2013) (“To be voluntary, the waiver [of
PCRA review] must be ‘the free and unconstrained choice of its
maker.’ ... This requires a showing that the defendant, after consultation with counsel (if any) and consideration of the right he [] is forfeiting, has decided to waive the right at issue.”). See generally, Commonwealth v. Puksar, 597 Pa. 240, 275 n.11, 951 A.2d 267, 288 n.11
(2008) (Capital case colloquy regarding waiver of mitigating evidence
is not constitutionally required. However, a defendant’s waiver of
mitigation evidence is valid so long as it is knowing, intelligent, and
voluntary.).
Here, as in Puksar, the appellant does not challenge the substance of the waiver colloquy, and so the decision to withdraw the
PCRA petition is presumed to be knowing, voluntary, and intelligent.
Id. at 281, 951 A.2d at 292. Furthermore, the appellant cannot disavow
the statements he made during the colloquy to withdraw his PCRA
petition. By analogy, if this was a guilty plea colloquy, the appellant
would be bound by his statements. Commonwealth v. Willis, 68 A.3d
20
N.T.PCRA at pp. 14-15.
21
See “Petition to Withdrawal (sic) Petition for Post Conviction Collateral Relief.”
Counsel also filed an Amended Motion on September 16, 2014.
22
17
Lehigh 7-17 op
850
997, 1009 (Pa. Super. 2013) (Appellant was bound by statements at
guilty plea colloquy under oath indicating he was not under the influence of any drugs, alcohol, or medication, and nothing prevented him
from understanding the nature of the guilty plea. Additionally, the
appellant denied during the colloquy that his medication affected his
abilities or judgment); see also, Commonwealth v. McCauley, 797
A.2d 920, 922 (Pa. Super. 2001) quoting Commonwealth v. Stork, 737
A.2d 789, 790-91 (Pa. Super. 1999). In the context of a guilty plea, it
is a longstanding rule of law that a defendant cannot claim that he lied
under oath to challenge the voluntariness of his plea. Commonwealth
v. Pollard, 832 A.2d 517, 523 (Pa. Super. 2003). While the entry of a
guilty plea requires an affirmative showing through the colloquy that
a defendant is voluntarily waiving his constitutional rights,23 not every
decision requires a similar colloquy.24 Post-conviction relief is even
further removed from the criminal trial, and post-conviction defendants should not be released from the binding nature of their statements. See Pennsylvania v. Finley, 481 U.S. 551, 556-57 (1987)(Postconviction relief is a collateral attack that normally occurs only after
the defendant has failed to secure relief through direct review of his
conviction. States have no obligation to provide this avenue of relief.).
Commonwealth v. Howard, 553 Pa. 266, 283, 719 A.2d 233, 242 (1998)
(no federal constitutional right to state collateral review exists).
The appellant’s assertions regarding mental illness and medication associated with his mental illness also provide no basis for relief.
During the colloquy to withdraw his PCRA petition, there was no
basis to believe that appellant’s mental health condition or medication
interfered with his decision to withdraw his PCRA. See Willis, supra
at 1009 in which it was explained that “the mere fact Appellant was
taking prescribed psychotropic medication ... does not, of itself, result
in the conclusion he was unable to” knowingly, voluntarily, and intelligently withdraw his PCRA petition.25
See Commonwealth v. Brown, 18 A.3d 1147, 1158 (Pa. Super. 2011).
Id. at 1162-63.
25
Neither mental illness nor the taking of medication precludes a defendant from
entering a guilty plea, nor should it prevent the withdrawal of a PCRA petition. See Commonwealth v. Vaughn, 459 Pa. 35, 326 A.2d 393 (1974) (Schizoid personality disorder did
not prevent finding that defendant was competent to enter guilty plea); see also, Commonwealth v. Ruza, 238 Pa. Superior Ct. 9, 352 A.2d 94 (1975). The test for determining
a person’s mental competency to enter a guilty plea “depends upon whether the defendant
18
23
24
Lehigh 7-17 op
851
For all the foregoing reasons, the dismissal of the appellant’s
motions should be affirmed.
has the ‘ability to comprehend his position as one accused of [][a crime] and to cooperate
with his counsel in making a rational defense,’ ... and whether he has ‘sufficient ability at
the pertinent time to consult with his lawyers with a reasonable degree of rational understanding, and [has] a rational as well as factual understanding of the proceedings against
him.’ ” Commonwealth v. Frey, 588 Pa. 326, 336-37, 904 A.2d 866, 872 (2006) (citations
omitted); Commonwealth v. Turetsky, 925 A.2d 876 (Pa. Super. 2007); Commonwealth v.
Scott, 271 Pa. Superior Ct. 545, 549-50, 414 A.2d 388, 390 (1979). See also, Commonwealth
v. Jackson, 390 Pa. Superior Ct. 639, 569 A.2d 964 (1990) (medication did not prevent the
defendant from understanding questions); Commonwealth v. Hazen, 315 Pa. Superior Ct.
557, 462 A.2d 732 (1983) (defendant showed no signs of being under the influence of
medication at hearing); Commonwealth v. Long, 310 Pa. Superior Ct. 339, 456 A.2d 641
(1983) (medication defendant was taking did not make him incompetent to plead guilty).
Here, the colloquy demonstrates that appellant had a rational and factual understanding of the PCRA proceedings, and was able to cooperate with counsel in reaching the
decision to withdraw his petition. He was also fully aware of the consequences of withdrawing his petition. Nothing in the record supports the conclusion that either mental illness or
medication interfered with appellant’s decision to withdraw his petition. The appellant
simply did not want to take the risk that if his petition was successful he would face the
original charges, including Attempted Criminal Homicide and also greater penalties.
19
Lehigh 7-17 op
LEHIGH LAW JOURNAL
ESTATE AND TRUST NOTICES
Administratrix: Diedre K. Gero
c/o Stuart T. Shmookler, Esquire, Gross McGinley, LLP, 33
S. 7th Street, P.O. Box 4060,
Allentown, PA 18105-4060.
Attorneys: Stuart T. Shmookler,
Esquire, Gross McGinley, LLP,
33 S. 7th Street, P.O. Box 4060,
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.
Hall, Karin V., dec’d.
Late of 6891 Jewel Lane, Macungie.
Executor: William J. Grieb 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.
FIRST PUBLICATION
Hoosier, Donald E., dec’d.
Late of Whitehall.
Executor: Gary J. Hoosier c/o
Rebecca M. Young, Esq. and Lia
K. Snyder, Esq., Young &
Young, 119 E. Main Street,
Macungie, PA 18062.
Attorneys: Rebecca M. Young,
Esq. and Lia K. Snyder, Esq.,
Young & Young, 119 E. Main
Street, Macungie, PA 18062.
Carl, John H. a/k/a John Henry
Carl, dec’d.
Late of Allentown.
Executors: John C. Carl and
Sharon R. Bennett c/o Kolb,
Vasiliadis and Florenz, 60 West
Broad Street, Ste. 303, Bethlehem, PA 18018-5721.
Attorneys: Paul A. Florenz, Esq.,
Kolb, Vasiliadis and Florenz,
LLC, 60 West Broad Street, Ste.
303, Bethlehem, PA 180185721.
Kemmerer, Josephine J. Bray
a/k/a Josephine B. Kemmerer, dec’d.
Late of South Whitehall Township.
Personal Representative: Joan
Lesko c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway
East, 1E, Allentown, PA 181033097.
Attorney: Peter P. Perry, Esquire, 1600 Lehigh Parkway
Epstein, Daniel, dec’d.
Late of Macungie.
Executrix: Lillian M. Epstein
c/o Rebecca M. Young, Esq.
and Lia K. Snyder, Esq., Young
& Young, 119 E. Main Street,
Macungie, PA 18062.
Gero, Steven a/k/a Steven L.
Gero, dec’d.
Late of 1902 Potomac Street,
Allentown.
Pink, Evelyn F., dec’d.
Late of Orefield.
20
LEHIGH LAW JOURNAL
Wieand, Howard R., dec’d.
Late of the City of Allentown.
Executrix: Sandra J. Guri
a/k/a Sandra Jane Guri c/o
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.
Executrix: Sharon E. Martin
a/k/a Sharon P. Martin c/o
Sally L. Schoffstall, Esquire,
Schoffstall Elder Law, 2987
Corporate Court, Suite 200,
Orefield, PA 18069.
Attorneys: Sally L. Schoffstall,
Esquire, Schoffstall Elder Law,
2987 Corporate Court, Suite
200, Orefield, PA 18069.
Sicher, Lucille M., dec’d.
Late of the Borough of Emmaus.
Executor: Dean J. Sicher c/o
Amanda Racines Lovett, Esquire, Gardner, Racines &
Sheetz, 3968 Maulfair Place,
Allentown, PA 18103.
Attorneys: Amanda Racines
Lovett, Esquire, Gardner, Racines & Sheetz, 3968 Maulfair
Place, Allentown, PA 18103.
SECOND PUBLICATION
Barrick, Eleanor I., dec’d.
Late of Coopersburg.
Executor: Ernest C. Barrick,
1337 N. Broad St., Apt. 2, Lansdale, PA 19446.
Becker, Vera Meyers a/k/a Vera
M. Becker, dec’d.
Late of Bethlehem.
Executor: L. Ronald Meyers
a/k/a Lloyd Ronald Meyers c/o
R. Nicholas Nanovic, Esquire,
Norris, McLaughlin & Marcus,
P.A., 515 W. Hamilton St., Suite
502, Allentown, PA 18101.
Attorneys: R. Nicholas Nanovic,
Esquire, Norris, McLaughlin &
Marcus, P.A., 515 W. Hamilton
St., Suite 502, Allentown, PA
18101.
Smith, Gloria A., dec’d.
Late of 4636 Kernsville Rd.,
Orefield.
Executors: Timothy A Litzenberger, 605 Povenski Road,
Quakertown, PA 18951 and
Slyvia A. Litzenberger, 5671
Werleys Corner Rd., New Tripoli, PA 18066.
Toczek, Maryanna L., dec’d.
Late of Allentown.
Executrix: Barbara Plumlee,
2897 Orefield Rd., Allentown,
PA 18104.
Bips, Linda L., dec’d.
Late of Allentown.
Co-Executrices: Kristina W.
Lohre and Jessica L. Pine c/o
Fitzpatrick Lentz & Bubba,
P.C., 4001 Schoolhouse Lane,
P.O. Box 219, Center Valley, PA
18034-0219.
Attorneys: Fitzpatrick Lentz &
Bubba, P.C., 4001 Schoolhouse
Lane, P.O. Box 219, Center Valley, PA 18034-0219.
Townsend, Althea M., dec’d.
Late of Orefield, North Whitehall
Township.
Personal Representative: Jeffrey
Townsend c/o Peter P. Perry,
Esquire, 1600 Lehigh Parkway
Attorney: Peter P. Perry, Esquire, 1600 Lehigh Parkway
Carey, Jean M., dec’d.
Late of Whitehall Twp.
Executrix: Linda S. Foss c/o
Amy H. Besser, Esq., 1701 Wal21
LEHIGH LAW JOURNAL
Geiger, James J. a/k/a James
Joseph Geiger a/k/a James
Geiger a/k/a Jim Geiger,
dec’d.
Administrator: Jamie A. Legath,
2193 Main Street, Northampton, PA 18067.
Attorneys: Martin D. Cohen,
Esquire, Cohen & Feeley, 2851
Baglyos Circle, Suite 200, Bethlehem, PA 18020.
nut St., 6th Fl., Philadelphia, PA
19103.
Attorneys: Amy H. Besser, Esquire, Peter L. Klenk & Assoc.,
1701 Walnut St., 6th Fl., Philadelphia, PA 19103.
Carter, Elinor E., dec’d.
Executrix: Judith H. Smith c/o
Andrew V. Schantz, Esquire,
702 Hamilton Street, Suite 300,
Attorneys: Andrew V. Schantz,
Esquire, Davison & McCarthy,
702 Hamilton Street, Suite 300,
Ibrahim, Joseph N., dec’d.
Late of Whitehall Twp.
Executor: Elissar J. Ibrahim c/o
Kevin M. Buttery, Esq., 509 S.
Lenola Rd., Bldg. 7, Moorestown, NJ 08043.
Attorneys: Kevin M. Buttery,
Esquire, Begley Law Group PC,
509 S. Lenola Rd., Bldg. 7,
Moorestown, NJ 08043.
Cunningham, Catherine M.,
dec’d.
Late of Allentown.
Executrix: Mariellen Pence c/o
Andrew C. Traud, Esquire,
3055 College Heights Blvd.,
Suite 2A, Allentown, PA 18104.
Attorneys: Andrew C. Traud,
Esquire, Traud Law Offices,
3055 College Heights Blvd.,
Suite 2A, Allentown, PA 18104.
Keener, Diane L., dec’d.
Late of the City of Bethlehem.
Administrator: Kenneth Donald
Keener c/o Littner, Deschler &
Littner, 512 North New Street,
Bethlehem, PA 18018.
Attorneys: Robert V. Littner,
Esquire, Littner, Deschler &
Littner, 512 North New Street,
Eck, Janet F., dec’d.
Late of Salisbury Township.
Executrix: Roxanne L. Grube
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.
Klaassen, Johanna H., dec’d.
Late of the Township of South
Whitehall.
Executrix: Nancy A. Longenbach c/o Karl F. Longenbach,
Esquire, 425 West Broad St.,
P.O. Box 1920, Bethlehem, PA
18016-1920.
Attorney: Karl F. Longenbach,
Esquire, 425 West Broad St.,
P.O. Box 1920, Bethlehem, PA
18016-1920, (610) 867-8150.
Evans, Janette a/k/a Janette M.
Evans, dec’d.
Late of Whitehall Township.
Executor: Thomas T. Evans,
133 Union Rd., Coatesville, PA
19320.
Gaffney, Robert E., dec’d.
Late of Lehigh.
Executrix: Patricia A. Windas,
416 7th Ave., Belmar, NJ
07719.
Kyle, Arthur J. a/k/a Arthur
James Kyle, dec’d.
Late of Allentown.
22
LEHIGH LAW JOURNAL
Speigel, Kellie a/k/a Kellie S.
Speigel a/k/a Kellie Sue Speigel, dec’d.
Late of 508 Liberty Street, Emmaus.
Personal Representative: Joy A.
Stinner c/o James A. Ritter,
111 E. Harrison St., Suite 2,
Emmaus, PA 18049-2916.
Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111
E. Harrison Street, Suite 2,
Emmaus, PA 18049-2916.
Executrix: Virginia L. Kyle c/o
Noonan & Prokup, 526 Walnut
Street, Allentown, PA 181012394.
Attorneys: Noonan & Prokup,
526 Walnut Street, Allentown,
PA 18101-2394.
Martin, Lelia K., dec’d.
Late of Whitehall.
Executor: Gary W. Richards c/o
Fitzpatrick Lentz & Bubba, P.C.,
4001 Schoolhouse Lane, P.O.
Box 219, Center Valley, PA
18034-0219.
Attorneys: Fitzpatrick Lentz &
Bubba, P.C., 4001 Schoolhouse
Lane, P.O. Box 219, Center Valley, PA 18034-0219.
Wieand, John E., Sr. a/k/a John
E. Wieand, dec’d.
Late of 2178 Riverbend Road,
Allentown.
Executors: Edward J. Wieand
and John E. Wieand, Jr. c/o
Ronald E. Corkery, Esquire,
352 Fifth Street, Suite A, Whitehall, PA 18052.
Attorney: Ronald E. Corkery,
Esquire, 352 Fifth Street, Suite
A, Whitehall, PA 18052.
Rock, Erwin E., dec’d.
Late of Allentown.
Executor: Erwin Rock, Jr.
Attorneys: Martin J. Karess,
Esq., Law Offices of Martin J.
Karess, PC, 215 North Ninth
St., Allentown, PA 18102.
Rothrock, Bruce L., Sr., dec’d.
Late of N. Whitehall Twp.
Executors: David B. Rothrock,
Dean A. Rothrock and Bruce L.
Rothrock, Jr. c/o Michael C.
McBratnie, Esq., P.O. Box 673,
Exton, PA 19341.
Attorneys: Michael C. McBratnie, Esquire, Fox Rothschild
LLP, P.O. Box 673, Exton, PA
19341.
Willgruber, Lorraine E., dec’d.
Late of Allentown.
Executrix: Lisa A. BrunnerDevers a/k/a Lisa Brunner
Devers c/o Timothy J. Duckworth, Esquire, P.O. Box 20770,
Lehigh Valley, PA 18002-0770.
Attorneys: Timothy J. Duckworth, Esquire, Mosebach,
Funt, Dayton & Duckworth,
P.C., P.O. Box 20770, Lehigh
Valley, PA 18002-0770.
Rutledge, Richard L. a/k/a Richard Lee Rutledge, dec’d.
Late of Bethlehem.
Administratrix: Kathleen M.
Bock c/o Vaughn A. Terrinoni,
Esq., 3976 Township Line
Road, Bethlehem, PA 18020.
Attorney: Vaughn A. Terrinoni,
Esq., 3976 Township Line
Road, Bethlehem, PA 18020.
THIRD PUBLICATION
Bittenbender, George Paul a/k/a
George P. Bittenbender, dec’d.
Late of 1816 E. Cambridge St.,
Allentown.
Administrator: Matthew W. Bittenbender, 147 Clarkstown Rd.,
Muncy, PA 17756.
23
LEHIGH LAW JOURNAL
Fink, Orrin H., dec’d.
Late of 3000 Fellowship Drive,
Whitehall Township.
Executors: Robert S. Nester and
David O. Fink c/o The Roth Law
Firm, 123 North Fifth Street,
Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123
North Fifth Street, Allentown,
PA 18102.
Executor: Thomas P. Noga c/o
Macungie, PA 18062.
ORPHANS’ COURT DIVISION
AUDIT LIST
Hamm, Marlene S., dec’d.
Late of Breinigsville.
Administrator: Clark K. Hamm,
458 Wood Lane, Breinigsville,
PA 18031.
Attorney: James E. Sher, Esquire, 15019 Kutztown Road,
Kutztown, PA 19530.
JUDGE J. BRIAN JOHNSON
9:30 A.M.—MARCH 28, 2016
Estates/Trust of:
Atty.
Exr. & Adm. Accts.
Thomas D. MacFadyen; P. Trainor
Trust/Gdn. Accts.
Atty.
Robert Andrejcisik; D. Dougherty
Wendy A. W. Parr
C. of O.C. Division
M-18, 25
Klement, Helen A. a/k/a Helen
Klement, dec’d.
Late of 149 S. 6th Street, Coplay.
Personal Representative: John
F. Klement c/o James A. Ritter,
111 E. Harrison St., Suite 2,
Emmaus, PA 18049-2916.
Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111
E. Harrison St., Suite 2, Emmaus, PA 18049-2916.
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:
ORKISTRATE, INC.
EDWARD G. KELCHNER, ESQ.
3140-B Tilghman Street
Suite 288
Allentown, PA 18104
M-25
Maurer, Marlyn L. a/k/a Marlyn
Maurer, dec’d.
Late of Whitehall.
Co-Executors: Sandra L. Saylor
and Donald W. Maurer c/o
Macungie, PA 18062.
NOTICE OF NONPROFIT
INCORPORATION
Noga, Anna T. a/k/a Anna Noga,
dec’d.
Late of Allentown.
24
Articles of Incorporation—Nonprofit
were filed with the Department of
State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania
on February 23, 2016, for the purpose of incorporating a nonprofit
LEHIGH LAW JOURNAL
corporation organized under the
provisions of the Nonprofit Corporation Law of 1988 of the Commonwealth of Pennsylvania, as amended.
The name of the nonprofit corporation is:
EXECUTIVE EDUCATION
ACADEMY CHARTER SCHOOL
FOUNDATION
John E. Freund, III, Esq.
King, Spry, Herman, Freund
& Faul, LLC
One West Broad Street
Suite 700
Bethlehem, PA 18018
M-25
why the prayer of said Petitioner
should not be granted.
M-25
CHANGE OF NAME NOTICE
In the Court of Common Pleas of
Lehigh County
Civil Action—Law
NO. 2016-C-0754
on March 1, 2016, the Petition of
MIKAYLA HAYES has been filed in
the above named Court, praying for
a Decree to change the name of minor
child from MIKAYLA HAYES to MIKAYLA COVER. The Court has fixed
Monday, May 2, 2016 at 9:30 A.M. in
Courtroom No. 1A, Lehigh County
Courthouse, Allentown, Pennsylvania, as the date and place for the
hearing of said Petition. All persons
interested in the proposed change of
name may appear and show cause,
if any they have, why the prayer of
said Petitioner should not be granted.
ALLEN I. TULLAR, ESQ.
GROSS McGINLEY, LLP
33 South 7th Street
P.O. Box 4060
Allentown, PA 18105-4060
M-25
NOTICE OF ORGANIZATION
on February 29, 2016, Certificate of
Organization was filed with the Department of State of the Commonwealth of Pennsylvania for:
Night Watch, LLC
in accordance with the provisions of
the Limited Liability Act of 1994.
JAMES L. BROUGHAL, Esq.
BROUGHAL & DeVITO, L.L.P.
38 West Market Street
Bethlehem, PA 18018
M-25
CHANGE OF NAME NOTICE
NOTICE
Lehigh County
Civil Action—Law
Pursuant to the requirements of
Section 1975 of the Pennsylvania
Business Corporation Law of 1988,
notice is hereby given that WENZ
COMPANY is currently in the process
of voluntarily dissolving.
LESLIE K. HEFFERNEN, ESQ.
HEFFERNEN LAW PC
600 W. Germantown Pike
Suite 400
Plymouth Meeting, PA 19462
M-25
NO. 2016-C-0564
on February 16, 2016, the Petition of
ALLYSON THERESA FARRIER for a
Change of Name has been filed in the
above named Court, praying for a
Decree to change the name of Petitioner from ALLYSON THERESA
FARRIER to AL THOMAS FARRIER.
The Court has fixed Friday, April 15,
2016 at 9:30 A.M. in Courtroom No.
2B, Lehigh County Courthouse, Allentown, Pennsylvania, as the date
and place for the hearing of said
Petition. All persons interested in the
proposed change of name may appear
and show cause, if any they have,
NOTICE
Anyone of interest of 2003 Dodge
1500 VIN # 1D7HU18NX3S291876
must call (610) 820-8697 or appear
at Lehigh County Courthouse Room
5A, on April 4, 2016 at 9:30 A.M.
M-25
25
LEHIGH LAW JOURNAL
NOTICE
in the Amended Complaint or for any
other claim or 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, 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.
BAR ASSOCIATION OF LEHIGH
COUNTY
LAWYER REFERRAL SERVICE
P.O. Box 1324
Allentown, PA 18105-1324
Telephone: (610) 433-7094
Keri P. Ebeck, Esq.
WELTMAN, WEINBERG
& REIS CO., L.P.A.
436 7th Ave.
Ste. 2500
Pittsburgh, PA 15219
(412) 434-7955
M-25
Lehigh County, Pennsylvania
Civil Division
CASE NO. 2015-C-1887
LSF8 MASTER
PARTICIPATION TRUST
Plaintiff
vs.
THE LOUIS DAHMS REVOCABLE
LIVING TRUST
c/o BRIAN L. DAHMS
Defendant
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 this Amended Complaint
and Notice are served, by entering a
written appearance personally or by
attorney and filing in writing with the
Court your defenses or objections to
the claims set forth against you. You
are warned that if you fail to do so
the case may proceed without you
and a judgment may be entered
against you by the Court without
further notice for any money claimed
26
LEHIGH LAW JOURNAL
SHERIFF’S SALE
OF VALUABLE
REAL ESTATE
NO. 2
By virtue of a writ of execution No.
2013-C-2578, Deutsche Bank National Trust Company, As Trustee for
Soundview Home Loan Trust 2006Wf 2 Asset-Backed Certificates, Series
2006-Wf 2 v. Edward J. Grob, owner
of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 211 West Lexington Street,
Tax Assessment No. 640655518645-1.
Improvements thereon: Single
family dwelling.
Attorneys
Manley Deas Kochalski LLC
———
The following Real Estate will be
sold at Sheriff ’s Sale
At 10:00 A.M.
Friday, April 22, 2016
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
2012-C-226, HSBC Bank USA National Association As Trustee for
Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed PassThrough Certificates, Series 2007PA1 v. Eric T. Dines, owner of
property situate in the City of Allentown, Lehigh County, Pennsylvania,
being 1042 Wyoming Street, Allentown, PA 18103.
family dwelling.
Attorneys
NO. 1
2013-C-3950, Wells Fargo Bank N.A.
v. Robert O’Keefe, Jr., owner of property situate in the City of Allentown,
Lehigh County, Pennsylvania, being
2818 Moravian Avenue, Allentown,
PA 18103.
family dwelling.
Attorneys
NO. 4
2014-C-0165, Wells Fargo Bank, N.A.
v. Jesse Yocum, Denise Druckenmiller, owners of property situate in
the Township of South Whitehall,
1034 North Cedar Crest Boulevard,
27
LEHIGH LAW JOURNAL
family dwelling.
Attorneys
family dwelling.
Attorneys
NO. 5
NO. 8
v. Stephen L. Martinez, owner of
being 947 North 19th Street, Allentown, PA 18104.
family dwelling.
Attorneys
2015-C-1739, LSF9 Master Participation Trust v. Kenneth C. Miller, Jr.
a/k/a Kenneth Miller; Sherise N.
Miller a/k/a Sherise Miller, owners
of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 753 Blue Heron Drive,
family dwelling.
Attorneys
NO. 6
NO. 9
v. Jonathan Melendez, owner of property situate in the City of Allentown,
329 North 3rd Street, Allentown, PA
18102.
family dwelling.
Attorneys
v. Shane A. Serfass, owner of property situate in the Township of Washington, Lehigh County, Pennsylvania,
being 3422 Franklin Street, Slatington, PA 18080.
family dwelling.
Attorneys
NO. 7
NO. 10
Successor by Merger to Wachovia
Bank, National Association v. Scott
M. Pinkey; Jennifer L. Mayers, owners of property situate in the Township of Whitehall, Lehigh County,
Pennsylvania, being 3113 South 2nd
Street, Whitehall, PA 18052.
v. Shane L. Slaughenhoupt; Denise
S. Lychak a/k/a Denise S. Slaughenhoupt, owners of property situate
in the Township of North Whitehall,
2171 Briarwood Drive, Coplay, PA
18037.
28
LEHIGH LAW JOURNAL
family dwelling.
Attorneys
Sioux Street, Fountain Hill, PA
18015.
Improvements thereon: A residential dwelling.
Attorneys
Matthew K. Fissel, Esquire
KML Law Group, P.C.
NO. 11
2015-C-1502, Federal National Mortgage Association (“Fannie Mae”) v.
Eligio Caba Zapata and Ariuny Nova
De Caba, owners of property situate
in the City of Allentown, Lehigh
County, Pennsylvania, being 40
South 13th Street, Allentown, PA
18102.
Improvements thereon: Residential Dwelling.
Attorneys
Martha E. Von Rosenstiel, P.C.
NO. 14
2015-C-2802, Bank of America, N.A.
v. Todd E. Weaver, owner of property
situate in the City of Bethlehem,
1402 Uelen Court, Bethlehem, PA
18018.
Attorneys
Phelan Hallinan Diamond
& Jones, LLP
NO. 12
NO. 15
v. Eric S. Siegel, Susan Siegel, owners
of property situate in the Township
of South Whitehall, Lehigh County,
Pennsylvania, being 3427 Hickory
Circle, Allentown, PA 18103-4514.
Attorneys
& Jones, LLP
v. Harold J. Knight, III, Deborah D.
.Knight, owners of property situate
in the Township of Hanover, Lehigh
Troxell Street, Allentown, PA 18109.
Attorneys
& Jones, LLP
NO. 13
NO. 16
2012-C-5073, JPMorgan Chase
Bank, National Association v. Kevin
Rivera, owner of property situate in
the Borough of Fountain Hill, Lehigh
29
Bank, National Association v. Michael G. Punchak, owner of property
LEHIGH LAW JOURNAL
situate in the Township of Whitehall,
3205 South 3rd Street, Whitehall, PA
18052.
Attorney
Sarah K. McCaffery, Esquire
Luz I. Cruz, owner of property situate
County, Pennsylvania, being 320 S.
Fulton Street, Allentown, PA 18102.
family—twin.
Attorneys
Richard Brent Somach, Esquire
Norris McLaughlin & Marcus, P.A.
NO. 17
NO. 20
Jacob Makhoul and Charles Khal and
Wajiha Khal, owners of property
situate in the City of Allentown, Lehigh County, Pennsylvania, being
1122 North 17th Street a/k/a 1118
North 17th Street, Allentown, PA
18104.
Attorney
Martha E. Von Rosenstiel, Esquire
2014-ML-3028, Northern Lehigh
School District v. Kennard Szacska
and Gloria Szacska, owners of property situate in the Township of Washington, Lehigh County, Pennsylvania,
being 9111 N. Loop road, Slatington,
PA 18080 and N. Loop Road, Slatington, PA 18080.
Tax Assessment Nos. 554238552784-1 and 554239006277-1.
Improvements thereon: Residential Property & Vacant Land.
Attorneys
Jeffrey P. Kelly, Esquire
Portnoff Law Associates, Ltd.
NO. 18
Bank, National Association v. Claudia R. Minsal, owner of property situate in the City of Allentown, Lehigh
South 5th Street, Allentown, PA
18103.
Attorney
NO. 21
2013-ML-1269, Allentown School
District and Public Asset Management Inc., Assignee of the Allentown
School District v. Nusti, L.L.C., owners of property situate in the City of
Allentown, Lehigh County, Pennsylvania, being 750 S. 8th Street, Allentown, PA 18103.
Improvements thereon: Commercial Property.
Attorneys
NO. 19
2015-C-1759, SRP 2014-17, LLC v.
30
LEHIGH LAW JOURNAL
NO. 22
Improvements thereon: Residential Property.
Attorneys
2014-ML-2530, Parkland School
District v. David R. Polanki and Nicole Polanki, owners of property situate in the Borough of Coplay, Lehigh
Balliet Street, Coplay, PA 18037.
Attorneys
NO. 28
2013-C-2631, Fulton Bank v. Ysidro
F. Bautista, owner of property situate
County, Pennsylvania, being 248 N.
Ninth Street, Allentown, PA.
Improvements thereon: Apartment Building.
Attorney
Alfred S. Pierce, Esquire
NO. 23
School District v. Chien Van Huynh
and Nhon T. Tran, owners of property situate in the City of Allentown,
425 Bellevue Street, Allentown, PA
18102.
Attorneys
NO. 30
2013-C-3605, The Bank of New York
Mellon f/k/a The Bank of New York
As Successor Trustee to JPMorgan
Chase Bank N.A., As Trustee for the
Noteholders of the Cwheq Inc.,
Cwheq Revolving Home Equity Loan
Trust, Series 2005-L v. Patrick Jules
a/k/a Patrick G. Jules, owner of
property situate in the City of Whitehall, Lehigh County, Pennsylvania,
being 4654 Main Street, Whitehall,
PA 18052.
Tax Assessment No. 5489380077771.
Attorneys
McCabe, Weisberg and Conway, P.C.
NO. 24
School District v. Richard R. Hirst
and Matthew J. Wursta, owners of
being 137 S. Hall Street, Allentown,
PA 18101.
NO. 31
2015-C-1714, M&T Bank v. Elizabeth
D. Christie, owner of property situate
31
LEHIGH LAW JOURNAL
Moravian Avenue, Allentown, PA
18103.
Attorneys
KML Law Group, P.C.
of Bethlehem, Lehigh County, Pennsylvania, being 1015 Spring Street,
Attorneys
NO. 32
NO. 35
2015-C-2801, State Farm Bank,
F.S.B. v. Herbert E. Oswald, owner
of property situate in the Township
of Lowhill, Lehigh County, Pennsylvania, being 7030 Country Spring
Road, New Tripoli, PA 18066-2433.
Tax Assessment No. 5438871242971.
Attorneys
& Jones, LLP
School District v. Kisha S. Riddick,
owner of property situate in the City
of Allentown, Lehigh County, Pennsylvania, being 1112 1/2 W. Tilghman Street, Allentown, PA 18102.
Attorneys
NO. 33
NO. 36
v. Antulio Medina, owner of property
1305 Rye Street, Allentown, PA
18103-3019.
Attorneys
& Jones, LLP
2007-ML-1988, Northwestern Lehigh
School District v. Bedrock Holdings,
Inc., owner of property situate in the
Township of Lowhill, Lehigh County,
Pennsylvania, being 6708 Narris
Road, New Tripoli, PA 18066.
Attorneys
NO. 34
NO. 37
2013-ML-0868, Bethlehem Area
School District v. Lorrie A. McAfee,
32
LEHIGH LAW JOURNAL
NO. 40
School District v. Zina A. Bethea,
of Allentown, Lehigh County, Pennsylvania, being 225 1/2 N. 14th
Attorneys
Mellon f/k/a The Bank of New York,
As Trustee for the Certificateholders
of the Cwabs, Inc., Asset-Backed
Certificates, Series 2006-14 c/o Specialized Loan Servicing, LLC v.
Monica Sanchez, owner of property
1734 W. Whitehall Street, Allentown,
PA 18104.
Improvements thereon: Dwelling.
Attorneys
Richard J. Nalbandian, III, Esquire
Parker McCay PA
NO. 38
School District v. Gail Hoover, owner
of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1028 Chew Street, Allentown, PA 18102.
Attorneys
NO. 41
v. Sharlene M. Bortz, owner of property situate in the City of Allentown,
338 South Saint George Street, Allentown, PA 18104.
family dwelling.
Attorneys
NO. 39
2005-ML-2284, City of Allentown v.
Lehigh Valley Properties, owner of
being 901-933 N. Ivy Street Rear,
Allentown, PA 18102, 901-915 N. Ivy
Street, Allentown, PA 18102, 929933 N. Ivy Street, Allentown, PA
18102.
Tax Assessment Nos. 640736994963-1, 640736869299-1, 640736880126-1.
Improvements thereon: Vacant
Land.
Attorneys
NO. 42
v. Betty M. Ramsay, Individually and
As Believed Heir of the Estate of Elberta J. Sherwood; Unknown Heirs
and/or Administrators of the Estate
of Elberta J. Sherwood, owners of
being 1337 West Liberty Street, Allentown, PA 18102.
33
LEHIGH LAW JOURNAL
family dwelling.
Attorneys
Attorneys
Portnoff Law Associates Ltd.
NO. 47
NO. 43
School District v. Nada Wahbeh,
of Allentown, Lehigh County, Pennsylvania, being 718.5 W. Washington
Attorneys
v. Frederick D. Steel, owner of property situate in the Township of Upper
Saucon, Lehigh County, Pennsylvania, being 4880 Mar Street, Coopersburg, PA 18036.
family dwelling.
Attorneys
NO. 44
NO. 48
v. Craig S. Snyder, owner of property
situate in the City of Bethlehem,
1307 Catasauqua Road, Bethlehem,
PA 18017.
family dwelling.
Attorneys
2015-C-1711, HSBC Bank USA, National Association As Trustee for Ellington Loan Acquisition Trust 20071, Mortgage Pass-Through Certificates, Series 2007-1 v. Virginia E.
Harris Farrell a/k/a Virginia E. Harris and Shawn L. Smith, owners of
being 444 South Saint cloud Terrace,
Improvements thereon: Residential dwelling.
Attorney
NO. 45
2013-ML-1895, City of Allentown v.
Kimberly Cruz and Tiburcio J. Cruz,
owners of property situate in the City
of Allentown, Lehigh County, Pennsylvania, being 2008-2012 Washington Street, Allentown, PA 18104.
NO. 49
2015-C-2531, Nationstar Mortgage
34
LEHIGH LAW JOURNAL
LLC v. Joel Klausfelder a/k/a Joel L.
Klausfelder a/k/a Joel J. Klausfelder
and Betty Klausfelder, owners of
property situate in the Borough of
Coopersburg, Lehigh County, Pennsylvania, being 1050 West State
Street, Coopersburg, PA 18036.
Attorney
Association, As Trustee, Successor
in Interest to Wachovia Bank, National Association, As Trustee for
Banc of America Funding 2005-7
Trust v. Matthew J. Lichtenwalner
a/k/a Matthew Lichtenwalner, owner of property situate in the City of
Allentown, Lehigh County, Pennsylvania, being 1138 Spring Garden
Street, Allentown, PA 18102-4765.
Attorneys
& Jones, LLP
NO. 50
LLC v. Dinorah Serrata; Yngrid Diaz;
and Stephane Melissa Hernandez
Diaz, owners of property situate in
the City of Allentown, Lehigh County,
Pennsylvania, being 721 West Union
Attorney
NO. 53
v. Suzanne L. Riley, owner of property situate in the Borough of Slatington, Lehigh County, Pennsylvania,
being 312 Diamond Street, Slatington, PA 18080-1568.
Attorneys
& Jones, LLP
NO. 51
Michael T. Panarello and Jacqueline
Panarello, owners of property situate
in the Township of Heidelberg, Lehigh
Heidelberg Heights Road, Germansville, PA 18053.
Attorneys
Martha E. Von Rosenstiel, P.C.
NO. 54
v. Christina M. Cooley, owner of
being 1976 South 5th Street, Allentown, PA 18103.
Attorneys
& Jones, LLP
NO. 52
2012-C-3434, U.S. Bank National
35
LEHIGH LAW JOURNAL
NO. 55
NO. 58
v. Stephen A. Masone, owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania,
being 1049 Washington Street,
Whitehall, PA 18052.
Attorneys
& Jones, LLP
2015-C-3049, New Tripoli Bank v.
Leon S. Frable, Jr., owner of property situate in the Township of Washington, Lehigh County, Pennsylvania,
being 3127 Mountain Road, Slatington, PA 18080.
Family Detached Dwelling.
Attorney
Marc Kranson, Esquire
NO. 59
NO. 56
LLC v. Lee D. Simmons and Melissa
L. Aker, owners of property situate in
Pennsylvania, being 2432 South Law
Attorney
LLC v. Renzo Pacheco, owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania,
being 17 Jazz Circle, Whitehall, PA
18052.
Attorney
Michael T. McKeever, Esquire
NO. 60
2015-C-2331, OneWest Bank N.A. v.
Iluminada Colon, owner of property
118 South Madison Street, Allentown, PA 18102.
Attorneys
NO. 57
v. Joseph A. Morganelli, owner of
property situate in the Township of
Salisbury, Lehigh County, Pennsylvania, being 821 South Ott Street,
Attorneys
& Jones, LLP
NO. 61
36
LEHIGH LAW JOURNAL
NO. 64
LLC v. Allison K. Brocius, Sarah E.
Koffley and Richard D. Wertman IV,
owners of property situate in the
Borough of Slatington, Lehigh County, Pennsylvania, being 310 West
Franklin Street a/k/a 308-310
Franklin Street, Slatington, PA
18080.
Attorneys
KML Law Group, P.C.
v. Theodore G. Kroemmelbein, owner
of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 223 North 15th Street,
family dwelling.
Attorneys
NO. 62
NO. 65
LLC v. Maria Rosario and William
Ortiz Torres, owners of property situate in the City of Allentown, Lehigh
North 14th Street, Allentown, PA
18102.
Attorneys
KML Law Group, P.C.
Association, As Trustee for Structured Adjustable Rate Mortgage Loan
Trust Mortgage Pass-Through Certificates, Series 2006-7 v. Natalie
Lewis; Charles D. Lewis a/k/a
Charles Lewis, owners of property
631 N. Lumber Street, Allentown, PA
18102.
family dwelling.
Attorneys
NO. 63
Successor by Merger to Wachovia
Bank, National Association v. Jeffrey
Alan Lotti, Administrator of the Estate of Dolores A. Lotti, owner of
being 405 East Federal Street, Allentown, PA 18103.
family dwelling.
Attorneys
NO. 66
2015-C-1077, Ventures Trust 2013I-NH v. Unknown Surviving Heirs of
Heather Lehman n/k/a Heather
Lynne, Deceased Mortgagor and Real
Owner, Alfred George Lehman IV,
Sydney Eve Lehman (Minor), Known
Surviving Heir of Heather Lehman
n/k/a Heather Lynne, Deceased
Mortgagor and Real Owner and Savanna J. Lehman, Known Surviving
37
LEHIGH LAW JOURNAL
Heir of Heather Lehman n/k/a
Heather Lynne, Deceased Mortgagor
and Real Owner, owners of property
1246 North 22nd Street, Allentown,
PA 18104.
Attorneys
v. Matthew J. Lichtenwalner, owner
of property situate in the City of Coopersburg, Lehigh County, Pennsylvania, being 824 West State Street,
Coopersburg, PA 18036.
Attorneys
NO. 70
NO. 67
2014-C-1412, Wells Fargo Bank,
N.A., Successor by Merger to Wachovia Bank, N.A. v. Stanley J. Lorkowski, Jr., owner of property situate in
Pennsylvania, being 23 1/2 South
19th Street, Allentown, PA 18104.
family dwelling.
Attorneys
Bank, National Association v. Frank
P. Philhower, owner of property situate in the Borough of Fountain Hill,
1102 Seneca Street, Bethlehem, PA
18015.
Attorney
NO. 71
NO. 68
2014-C-1695, American Financial
Resources Inc. v. Timothy Troy Reed
and Holly Ann Reed, owners of property situate in the City of Alburtis,
161 East 2nd Street, Alburtis, PA
18011.
Attorneys
2015-C-3263, Lakeview Loan Servicing, LLC v. Robin A. Sperlbaum,
owner of property situate in the Village of Cementon, Lehigh County,
Pennsylvania, being 5111 Willow
Improvements thereon: Residential Real Estate.
Attorneys
M. Troy Freedman, Esquire
Stern & Eisenberg, PC
NO. 69
NO. 72
38
LEHIGH LAW JOURNAL
v. Debra Burkert, owner of property
situate in the Township of Lower
Macungie, Lehigh County, Pennsylvania, being 1016 Timberidge Lane,
Lower Macungie, PA 18106.
family dwelling.
Attorneys
Mellon f/k/a The Bank of New York
As Trustee for the Benefit of the Certificateholders of the Cwalt, Inc.
Alternative Loan Trust 2004-17CB,
Mortgage Pass Through Certificates,
Series 2004-17CB v. Bruce Carita
a/k/a J. Bruce Carita and Imelda
Penyak a/k/a Imelda L. Penyak,
owners of property situate in the
Township of Upper Macungie, Lehigh
Warba Drive, Orefield, PA 18069.
Attorneys
KML Law Group, P.C.
NO. 76
LLC v. Rosa Collado and Andres
Sanchez, owners of property situate
West Liberty Street, Allentown, PA
18102.
Attorneys
KML Law Group, P.C.
NO. 73
2014-C-3570, Wells Fargo Bank,
N.A., As Trustee for Park Place Securities, Inc. Asset-Backed PassThrough Certificates Series 2005WCH1 v. Ernest Schaff, in His
Capacity As Heir of Mirella Schaff,
Deceased, Charles Schaff, in His
Capacity As Heir of Mirella Schaff,
Deceased, Gabe Schaff, in His Capacity As Heir of Mirella Schaff, Deceased, Unknown Heirs, Successors,
Assigns and All Persons, Firms or
Associations Claiming Right, Title or
Interest From or Under Mirella
Schaff, owners of property situate in
the Township of Whitehall, Lehigh
County, Pennsylvania, being 847 3rd
Attorneys
& Jones, LLP
NO. 77
Association, As Trustee for Structured Asset Investment Loan Trust,
Mortgage Pass-Through Certificates,
Series 2005-3 v. Elaine Baez, Victor
Vallejos, owners of property situate
in the Township of Lower Macungie,
1044 Treeline Drive, Allentown, PA
18103-6010.
Attorneys
& Jones, LLP
NO. 74
2014-C-656, Wells Fargo Bank N.A.
39
LEHIGH LAW JOURNAL
NO. 78
Attorneys
Stephen M. Hladik, Esquire
Hladik, Onorato & Federman, LLP
2014-C-3854, Nationstar Mortgage,
LLC v. Michael R. Greer, owner of
property situate in the Township of
Lower Macungie, Lehigh County,
Pennsylvania, being 997G Village
Round, Allentown, PA 18106-9783.
Improvements thereon: Condominium.
Attorneys
& Jones, LLP
NO. 82
Certificates, Series 2006-22 c/o Specialized Loan Servicing, LLC v. Gilberto Lopez, owner of property situate
North Jordan Street, Allentown, PA
18102.
Attorneys
NO. 79
Certificates, Series 2007-1 v. William
Allen, owner of property situate in the
City of Allentown, Lehigh County,
Pennsylvania, being 218 South
Madison Street, Allentown, PA 18102.
Attorneys
NO. 84
v. Tyson L. Bellesfield, owner of property situate in the City of Allentown,
1110 East Tilghman Street, Allentown, PA 18109-1938.
Attorneys
& Jones, LLP
NO. 80
2009-C-862, Bank of America, National Association As Successor by
Merger to LaSalle Bank National Association As Trustee for WMALT
2005-7 v. Juan Ramirez, owner of
being 541 West Washington Street,
NO. 85
2014-C-3569, HSBC Bank USA, N.A.,
As Indenture Trustee for the Registered Noteholders of Renaissance
40
LEHIGH LAW JOURNAL
Home Equity Loan Trust 2007-1 v.
Dean Ziegler a/k/a Dean K. Ziegler;
the United States of America, Department of the Treasury—Internal Revenue Services c/o the Eastern District of PA, owners of property situate
Walnut Street a/k/a 1350 West Walnut Street a/k/a 101 S. 14 Street,
Attorneys
& Jones, LLP
sylvania, being 717 Leibert Street
a/k/a 715 Leibert Street, Bethlehem,
PA 18018-5110.
Attorneys
& Jones, LLP
NO. 88
2014-C-404, Everbank v. Victor Brigantti, owner of property situate in
Pennsylvania, being 119 South 5th
Street, Allentown, PA 18101-2316.
Attorneys
& Jones, LLP
NO. 86
v. Michael A. Torres; Suzanne J.
Toth, owners of property situate in
the Township of South Whitehall,
5247 Chandler Way, Orefield, PA
18069-9105.
Attorneys
& Jones, LLP
NO. 89
Successor by Merger to BAC Home
Loans Servicing, LP v. Angela Scott,
of Allentown, Lehigh County, Pennsylvania, being 626 Park Street, Allentown, PA 18102-1678.
Attorneys
& Jones, LLP
NO. 87
2015-C-2185, HSBC Bank USA, N.A.,
As Trustee for the Registered Holders
of Renaissance Home Equity Loan
Trust 2006-1 v. Coleen Kulp, in Her
Capacity As Heir of Donna M. Maskornick, Deceased; Unknown Heirs,
Successors, Assigns and All Persons,
Firms or Associations Claiming
Right, Title or Interest From or Under
Donna M. Maskornick, Deceased,
owners of property situate in the City
of Bethlehem, Lehigh County, Penn-
NO. 90
41
2015-C-0050, Habitat for Humanity
of the Lehigh Valley, Inc. v. Daisy
LEHIGH LAW JOURNAL
Sanchez and Manuel Rivas, owners
of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 609 E. Cumberland Street,
Attorney
Michael A. Santanasto, Esquire
JOSEPH N. HANNA
Sheriff of Lehigh County, PA
Matthew R. Sorrentino,
County Solicitor
Richard Brent Somach,
Sheriff ’s Solicitor
M-25; A-1, 8
42
LEHIGH LAW JOURNAL
43
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PERIODICAL PUBLICATION
* Dated Material. Do Not Delay. Please Deliver Before Monday, March 28, 2016

Vol. LVI Allentown, PA Friday, March 25, 2016 No. 91

Transcription

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