mn reit, l.l.c., plaintiff v. bernie e. mccauley and unknown … › ... › 22131248 ›...

(USPS 395-280)VOL. LIX EASTON, PA August 11, 2016 NO. 32

CONTENTS

INSERT: Goldenrod: 1. Annual Memorial Service 2. 2016 Calendar 3. Quarterly Association Meeting 4. 2016 Bench Bar Conference

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.

NOTICE TO THE BAR...N.C. Judicial Law ClerkPositions are available from August 2017 – August 2018.See page 12 for details

* * * * * * * *NCBA Quarterly Association MeetingThursday, September 15, 2016Registration form inside.

* * * * * * * *NCBA Annual Memorial ServiceTuesday, September 20, 2016, Courtroom #1

Audit—Orphans' Court . . . . . . . . . . . . . . . . . . . 10Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Notices of Incorporation . . . . . . . . . . . . . . . . . . . 9Notice of Nonprofit Incorporation . . . . . . . . . . . . 9Judicial Law Clerk . . . . . . . . . . . . . . . . . . . . . . . 12Three Attorney Openings in

NPLS Bethlehem Office . . . . . . . . . . . . . . . . 13

MN Reit, L.L.C., Plaintiff v. Bernie E. McCauley and Unknown Occupants, Defendants

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Northampton County ReporterAttorney Referral & Information Service

155 South Ninth Street, P.O. Box 4733Easton, PA 18042

Phone (610) 258-6333 Fax (610) 258-8715E-mail: [email protected]

PBA (800) 932-0311—PBI (800) 932-4637

NORTHAMPTON COUNTY BAR ASSOCIATION2016 BAR ASSOCIATION OFFICERS

Alyssa Lopiano-Reilly . . . . . . . . . . . . . . . . . . PresidentMichael P. Shay . . . . . . . . . . . . . . . . . . President-ElectDaniel M. O’Donnell . . . . . . . . . . . . . . . Vice PresidentLisa M. Spitale . . . . . . . . . . . . . . . . . . . . . . . . TreasurerRobert Eyer . . . . . . . . . . . . . . . . . . . . . . . . . . SecretaryAbraham P. Kassis . . . . . . . . . . . . . . . . . Past President

BOARD OF GOVERNORSDavid M. Backenstoe

Paul J. HarakRebecca Kulik

Maura Zajac McGuireSteven B. Molder

Michael A. Santanasto Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta Abraham P. KassisRichard P. Kovacs

Joel M. Scheer

BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalChristen T. Borso . . . . . . . . . . . . . . . .Attorney ReferralDeborah 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:

NORTHAMPTON COUNTY REPORTER155 South Ninth St., Easton, PA 18042-4399

Telephone (610) 258-6333 FAX (610) 258-8715Ralph J. Bellafatto, Esquire

Editor

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Your greatness is measured by your kindness; your education and intellect by your modesty; your ignorance is betrayed by your suspicions and prejudices, and your real caliber is measured by the consideration and tolerance you have for others. ~ William J.H. Boetcker

NOTICE TO NCBA MEMBERS – BAR NEWS

N.C. Judicial Law ClerkPositions are available at the N.C. Courthouse from August 2017 to August

2018. See page 12 for details.

Annual Memorial Service—Tuesday, September 20, 2016Courtroom #1, N.C. CourthouseFrank Skrapits, Thomas Maloney, Samuel Litzenberger, William Exaros.

2016 Bench Bar ConferenceOctober 6-8, 2016Hyatt Regency, Chesapeake Bay Golf Resort, Spa and MarinaCambridge, Maryland.

Barristers BoastHave you received an honor or award for community work? Do you have

a new grandchild? Have you heard good news about one of your NCBA colleagues that should be shared?

Good news items about fellow members should be sent to: [email protected].

NORTHAMPTON COUNTY REPORTER Vol. 59 No. 32 8/11/2016

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ESTATE AND TRUST NOTICESNotice 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.

FIRST PUBLICATIONAMOS, BETSY R. a/k/a BETSY

ROSS AMOS, dec’d.Late of Bethlehem, Northampton County, PAExecutor: Russel L. Amos c/o Rebecca M. Young, Esquire and Lia K. Snyder, Esquire, Young & Young, 119 E. Main Street, Macungie, PA 18062Attorneys: Rebecca M. Young, Esquire and Lia K. Snyder, Esquire, Young & Young, 119 E. Main Street, Macungie, PA 18062

ARECHIGA, MARY ANN, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutor: Richard ArechigaAttorneys: Joseph J. Piperato, III, Esquire, Piperato Law Office, LLC, 3894 Courtney Street, Suite 105, Bethlehem, PA 18017

BONSTINGL, WILLIAM A., dec’d.Late of the Borough of Heller-town, Northampton County, PA

Executor: Robert T. Bonstingl a/k/a Robert W. Bonstingl c/o Samuel R. Kasick, Esquire, 523 W. Linden St., Allentown, PA 18101-1415Attorney: Samuel R. Kasick, Esquire, 523 W. Linden St., Allentown, PA 18101-1415

BOOS, CARL WILLIAM a/k/a CARL W. BOOS, dec’d.Late of Forks Twp., Northampton County, PAAdministrators: Carl J. Boos and Connie M. Rizzuto c/o Megan McCrea, Esquire, Ross & McCrea LLP, 7169 Germantown Ave., 2nd Fl., Philadelphia, PA 19119Attorneys: Megan McCrea, Esquire, Ross & McCrea LLP, 7169 Germantown Ave., 2nd Fl., Philadelphia, PA 19119

BROUSE, RALPH N., dec’d.Late of the City of Bethlehem, North ampton County, PAExecutor: Daniel J. Brouse c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

DeLUCCIA, ANTOINETTE P., dec’d.Late of the City of Easton, North-ampton County, PAExecutors: Anna DeLuccia and Philip DeLuccia c/o Rosemary D. Durkin, Esquire, Stark & Stark, P.C., 993 Lenox Dr., Lawrenceville, NJ 08648Attorneys: Rosemary D. Durkin, Esquire, Stark & Stark, P.C., 993 Lenox Dr., Lawrenceville, NJ 08648

FILCHNER, EDWIN J., SR., dec’d.Late of the Township of Moore, Northampton County, PA


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Executor: Martin F. Klepeis c/o Vaughn A. Terrinoni, Esquire, 3976 Township Line Road, Bethlehem, PA 18020Attorney: Vaughn A. Terrinoni, Esquire, 3976 Township Line Road, Bethlehem, PA 18020

MORRISON, CHARLES S., dec’d.Late of Williams Township, Northampton County, PAExecutrix: Ann M. Morrison c/o Thomas L. Walters, Esquire, Lewis and Walters, 46 S. 4th Street, P.O. Box A, Easton, PA 18044-2099Attorneys: Thomas L. Walters, Esquire, Lewis and Walters, 46 South Fourth Street, P.O. Box A, Easton, PA 18044-2099

PACALA, RUSSEL P., SR. a/k/a RUSSEL P. PACALA, dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Justina R. McCardle c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

PALMER, LOUIS, dec’d.Late of Washington Township, Northampton County, PAExecutrix: Michele Asch, 205 Huntington Drive, Mountville, PA 17554Attorneys: Louis D. Powlette, Esquire, Powlette & Field, LLC, 508 Park Avenue, Stroudsburg, PA 18360

ROONEY, WILLIAM JAMES, III, dec’d.Late of 471 Mulberry Drive, Walnutport, Northampton County, PA

Administratrix: Christine A. Filchner, 346 North Penn Dixie Road, Bath, PA 18014Attorney: Gary Neil Asteak, Esquire, 726 Walnut Street, Easton, PA 18042

FREEMAN, JOYCE B., dec’d.Late of the City of Easton, Northampton County, PAExecutors: Robert Louis Freeman and Alan S. Freeman c/o Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020

JOYCE, THOMAS F., JR., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrices: Mary J. Joyce-Billy and Barbara McCarroll, 289 Wambold Rd., Harleysville, PA 19438Attorneys: Andrea M. Jacobs, Esquire, Montco Elder Law, 608 W. Main St., Lansdale, PA 19446

KICHLINE, LEE I., dec’d.Late of the Township of Lower Saucon, Northampton County, PAExecutrix: Stephanie M. Patterson c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

KLEPEIS, ANTONIA M. a/k/a ANTONIA KLEPEIS, dec’d.Late of Upper Nazareth Township, Northampton County, PA


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Executor: George F. Southworth, 36 Kirkland Village Cir., Bethlehem, PA 18017Attorney: Ronald C. Unterberger, Esquire, 1028 Cox Ave., Wash-ington Crossing, PA 18977

WAMBOLD, JAMES E., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Lori RadanoAttorneys: Joseph J. Piperato, III, Esquire, Piperato Law Office, LLC, 3894 Courtney Street, Suite 105, Bethlehem, PA 18017

SECOND PUBLICATIONBRYFOGLE, MITZI M., dec’d.

Late of the Borough of Nazareth, Northampton County, PAExecutor: Eric J. Bryfogle c/o Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042

CUMMINGS, MARY LOU, dec’d.Late of Bethlehem, Northampton County, PAPersonal Representatives: Pamela L. Cummings and Matthew G. Cummings c/o Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

IMBODY, JEANETTE R., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutor: Robert C. Miller a/k/a Robert Clarence Miller

Administrators: William J. Rooney and Josephine A. Rooney c/o Holly V. Calantoni, Esquire, 345 Gaffney Hill Road, Easton, PA 18042Attorney: Holly V. Calantoni, Esquire, 345 Gaffney Hill Road, Easton, PA 18042

ROSENBERRY, DONALD J., dec’d.Late of the Township of Lower Mount Bethel, Northampton County, PAExecutor: Todd Rosenberry, 701 Rutt Road, Bangor, PA 18013Attorneys: Alyssa Lopiano-Reilly, Esquire, Lopiano-Reilly Law Offices, L.L.C., 1067 Pennsylva-nia Avenue (Rt. 512), Pen Argyl, PA 18072

SCHROEDER, MARY M., dec’d.Late of the Township of Bethlehem, Northampton County, PAExecutrix: Heidi M. Fritts c/o Steven N. Goudsouzian, Esquire, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283Attorney: Steven N. Goudsouzian, Esquire, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283

SCHWAB, MARIAN P., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Jennifer E. Chilmonik, 3841 Farmersv i l le Rd. , Bethlehem, PA 18020Attorney: Steven B. Molder, Esquire, 904 Lehigh Street, Easton, PA 18042

SOUTHWORTH, LORENE M., dec’d.Late of Bethlehem, Northampton County, PA


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Attorneys: Gladys E. Wiles, Esquire, Snyder & Wiles, P.C., 7731 Main Street, Fogelsville, PA 18051

McCANN, ROBERT M., dec’d.Late of Northampton County, PARevocable Trust of Robert M. McCann dated 12/04/2003 as amendedSettlor: Robert M. McCannSuccessor Co-Trustees: Ann L. McCann and W. Tyler McCann c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219

PUNTURO, ROSEMARY, dec’d.Late of the Borough of Bangor, Northampton County, PAExecutrix: Loretta Schiavone, c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

ROGERS, MARJORIE A., dec’d.Late of the Borough of Freemans-burg, Northampton County, PAExecutor: Kelly B. Rogers, 244 Main Street, Freemansburg, PA 18017

ZAVECZ, WILLIAM R., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Helen A. Kocsi c/o Wendy A. Nicolosi, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018Attorneys: Wendy A. Nicolosi, Esquire, Broughal & DeVito,

L.L.P., 38 West Market Street, Bethlehem, PA 18018

THIRD PUBLICATIONALTMAN, HARVEY, dec’d.

Late of the Township of Upper Mount Bethel, Northampton County, PAAdministrators: Linda Laviano Gardner and Trent Daniel Laviano c/o Trent D. Laviano, Esquire, P.O. Box 10654, Knoxville, TN 37939Attorney: Trent D. Laviano, Esquire, P.O. Box 10654, Knoxville, TN 37939

BUSSE, EDITH, dec’d.Late of Bethlehem, Northampton County, PAAdministrator: Wilfried M. Busse c/o Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102Attorneys: Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102

DelVILLAGGIO, JOHN C., dec’d.Late of Bethlehem, Northampton County, PAExecutor: Carl P. DelVillaggio c/o Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102

DOUGHERTY, THOMAS B., dec’d.Late of Walnutport, Northamp-ton County, PAExecutrices: Rosemary Kern, 855 South Lincoln Avenue, Walnutport, PA 18088 and Kathleen M. Knecht, 534 Third Street, Apt. 603, Catasauqua, PA 18032Attorneys: Stephen A. Strack, Esquire, Steckel and Stopp, 125


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S. Walnut Street, Suite 210, Slatington, PA 18080

DRAKE, CAROLYN L., dec’d.Late of Williams Twp., Northamp-ton County, PAAdministratrix: Carlee L. Stackhouse, 240 Moyers Ln., Easton, PA 18042Attorneys: John R. Zonarich, Esquire, Skarlatos Zonarich LLC, 17 S. 2nd St., 6th Fl., Harrisburg, PA 17101

GARDELLA, MARY J., dec’d.Late of the Township of Moore, Northampton County, PAExecutor: Joe E. Holdren, 560 Bridgewater Avenue, Bridgewa-ter, NJ 08807Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014

HAY, ELMER J., JR., dec’d.Late of the City of Easton, Northampton County, PAAdministrator C.T.A.: Jeffrey J. Hay c/o Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412Attorneys: Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412

INDERELST, ARTHUR F., dec’d.Late of Palmer Twp., Northamp-ton County, PAExecutor: John N. Inderelst c/o John H. Potts, Esquire, 200 Eagle Rd., Ste. 106, Wayne, PA 19087Attorney: John H. Potts, Esquire, 200 Eagle Rd., Bldg. 2, Ste. 106, Wayne, PA 19087

MERTZ, MELISSA S., dec’d.Late of the City of Easton, Northampton County, PA

Administratrix: Tammy L. Mertz c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045

MYCHAJLIW, EUGENE J. a/k/a E U G E N E J A R O S L O W MYCHAJLIW a/k/a EUGENE MYCHAJLIW, dec’d.Late of Bethlehem Twp., North-ampton County, PAExecutor: Borys J. Mychajliw, 178 Ranch Road, Newtown, PA 18940Attorney: William S. Ravenell, Esquire, 166 Allendale Road, King of Prussia, PA 19406

RESZEK, HELEN, dec’d.Late of Upper Nazareth Township, Northampton County, PAExecutor: Edward H. Butz, Esquire, 7535 Windsor Drive, Suite 200, Allentown, PA 18195Attorney: Edward H. Butz, Esquire, 7535 Windsor Drive, Suite 200, Allentown, PA 18195

RUSLING, WILLIAM E., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutor: Robert H. Littner, 512 North New Street, Bethlehem, PA 18018Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018

SURMA, WILLIAM R., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutrix: Lisa S. Borick c/o Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020


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Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020

THOMPSON, DONNA J., dec’d.Late of the Township of Lower Nazareth, Northampton County, PAExecutor: Jodey R. Thompson c/o Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020

WALKER, LOIS C., dec’d.Late of Moore Township, North-ampton County, PAExecutrix: Susan Carol Walker c/o Law Offices of Lawrence B. Fox, P.C., 1834 Pennsylvania Avenue, Hanover Township, Allentown, PA 18109Attorneys: Law Offices of Lawrence B. Fox, P.C., 1834 Pennsylvania Avenue, Hanover Township, Allentown, PA 18109

YENCHO, GREGORY J., dec’d.Late of the City of Bethlehem, Northampton County, PAAdministrator: Richard R. Dancho c/o Kevin F. Danyi, Esquire, Danyi Law Offices, P.C., 133 East Broad Street, Bethlehem, PA 18018Attorneys: Kevin F. Danyi, Esquire, Danyi Law Offices, P.C., 133 East Broad Street, Bethlehem, PA 18018

NOTICES OF INCORPORATIONFORKS PIZZA & GRILL, INC.

has been incorporated under the provisions of the Pennsylvania Business Corporation Law of 1988.

Aug. 11

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed with the Department of State, Commonwealth of Pennsylvania, Harrisburg, Pennsylvania, on May 16, 2016, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Business Corporation Law of 1988 [P.L. 1444, No. 177], on behalf of the following corporate entity:PLANET FITNESS EASTON, INC.

The purpose of the corporation’s business is the operation of a fitness facility.ELIZABETH R. GRAVER, ESQUIRE2030 Tilghman St.Ste. 202Allentown, PA 18104Phone: (610) 432-1590

Aug. 11NOTICE OF NONPROFIT

INCORPORATIONNOTICE IS HEREBY GIVEN that

Articles of Incorporation have been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on July 26, 2016, for the purpose of obtaining a charter of a Nonprofit Corporation organized under the Nonprofit Corporation Law of 1988 of the Commonwealth of Pennsylvania. The name of the corpo-ration is:CLEAN BEEKEEPING ALLIANCE

The corporation is organized and operated exclusively for charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

MONTGOMERY McCRACKENWALKER & RHOADS LLP

Solicitors123 S. Broad St.Avenue of the ArtsPhiladelphia, PA 19109

Aug. 11


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IN THE NORTHAMPTON COUNTY COURT OF COMMON PLEAS ORPHANS’ COURT DIVISIONThe following Executors, Admin-

istrators, Guardians & Trustees have filed Accounts in the Office of the Orphans’ Court:

ESTATE; AccountantPAUL FRUTCHEY; Rita E. Rhein,

ExecutrixNICKOLETTA FALCONE; Jerome

A. Pugh, ExecutorPAUL D. KELLOW; Alfred S.

Pierce, ExecutorAUDIT NOTICE

All parties interested are notified that an audit list will be made up of all Accounts and the said list will be called for audit at the Northampton County Government Center, Easton, PA on: FRIDAY, AUGUST 26, 2016 AT 9:00 A.M. IN COURTROOM #1.

Gina X. GibbsClerk of Orphans’ Court

Aug. 11, 18NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on March 14, 2016, the Petition of Brian Swarat was filed in Northamp-ton County Court of Common Pleas at No. CV-2016-2019 seeking to change the name of Petitioner’s minor daughter from Skye Elizabeth Dejong to Skye Elizabeth Swarat. A hearing on the petition shall take place at 9:00 a.m. on September 14, 2016 in Courtroom #4 at the Northampton County Courthouse. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

Aug. 11IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL ACTION—LAWNOTICE OF ACTION IN

MORTGAGE FORECLOSURE

Bank of America, N.A.,Plaintiff

vs.Josephine Becker, Individually and As Known Heir of Raymond Becker

a/k/a Raymond J. Becker, Unknown Heirs, Successors,

Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Raymond Becker a/k/a Raymond J. Becker,

Unknown Heirs, Successors, Assigns and All Persons, Firms or

Associations Claiming Right, Title or Interest From or Under Renie A.

Shoemaker, Joan M. Becker, Known Heir of Raymond Becker

a/k/a Raymond J. Becker, Raymond J. Becker, III, Known Heir

of Raymond Becker a/k/a Raymond J. Becker, Jon R. Becker,

Known Heir of Raymond Becker a/k/a Raymond J. Becker, James

Jon Heiserman, Known Heir of Renie Shoemaker and Paul L. Shoemaker, Known Heir of

Renie A. Shoemaker,Defendants

NO. C-48-CV-2015-5265COMPLAINT IN

MORTGAGE FORECLOSURETO: Unknown Heirs, Successors,

Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Raymond Becker a/k/a Raymond J. Becker and Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Renie A. Shoemaker, Defendant(s), whose last known address is 4110 Ginger Lane, Bethlehem, PA 18020You are hereby notified that

Plaintiff, Bank of America, N.A., has filed a Mortgage Foreclosure Complaint endorsed with a Notice to


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Defend, against you in the Court of Common Pleas of Northampton County, Pennsylvania, docketed to NO. C-48-CV-2015-5265, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 4110 Ginger Lane, Bethlehem, PA 18020, whereupon your property would be sold by the Sheriff of Northampton County.

NOTICEYOU HAVE BEEN SUED IN

COURT. If you wish to defend against the claims set forth in the notice above, you must take action within twenty (20) days after this 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 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. 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 THE INFORMA-TION 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.

Northampton CountyLawyers’ Referral ServiceP.O. Box 4733Easton, PA 18043-4733(610) 258-6333

MARK J. UDREN, ESQUIRESTUART WINNEG, ESQUIRE

LORRAINE GAZZARA DOYLE,ESQUIRE

SHERRI J. BRAUNSTEIN,ESQUIRE

ELIZABETH L. WASSALL,ESQUIRE

JOHN ERIC KISHBAUGH,ESQUIRE

NICOLE B. LaBLETTA, ESQUIREDAVID NEEREN, ESQUIRE

UDREN LAW OFFICES, P.C.Attys. for Plaintiff

111 Woodcrest Rd.Ste. 200Cherry Hill, NJ 08003(856) 669-5400

Aug. 11


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JUDICIAL LAW CLERKJudicial Law Clerk positions available at the Northampton

County Courthouse, 669 Washington Street, Easton, PA for the term August 2017 to August 2018. Northampton County offers a superior clerkship experience at the common pleas level. Our clerks spend a great deal of time in the courtroom observing proceedings in addition to participating with their assigned judges in the resolution of pretrial and post-trial motions, researching evidentiary issues that arise during the course of court proceedings, preparing jury charges, and in conducting legal research and drafting opinions. We restrict consideration of applicants to those who are in the upper third of their class after their first two years of law school. They must also have a B average or higher in legal research and writing. Interested candidates please send resume, transcript and writing sample to the Honorable Paula A. Roscioli at the above address no later than September 30, 2016.

Aug. 11, 25; Sept. 8


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ThREE ATToRnEy opEnIngs In BEThLEhEm offICE of noRTh pEnn LEgAL sERvICEs

Bilingual in Spanish preferred. For details about these positions, go to the North Penn website:

http://www.northpennlegal.org/about/careers

hoUsIng spECIALIsT ATToRnEy nEEDED

Main focus on housing law, specifically Fair Housing. Practice experience required. Ref. 071516LVHousingAttny.

sTAff ATToRnEy nEEDED

Varied civil caseload. Ref. 071116LVAttny.

mAnAgIng ATToRnEy nEEDED

Individual with staff attorney experience and demonstrated ability to manage and supervise others. Ref. 08052016LVMGR.

Aug. 11

MN Reit v. McCauley et al.336 Vol. 59

MN Reit v. McCauley et al.

MN Reit, L.L.C., Plaintiff v. BeRNie e. McCauLey and unknown Occupants, Defendants

Motion for Judgment on the Pleadings—Ejectment—Void/Voidable Judg-ment.

Defendant Bernie E. McCauley (“Defendant”) was deeded the property at issue while simultaneously delivering a mortgage upon the same. The holder of the mortgage initiated a foreclosure action and, due to Defendant’s failure to answer the complaint, obtained a default judgment. The property was then sold at a sheriff’s sale. Defendant never petitioned to set aside the sheriff’s sale, and the property was eventually deeded to Plaintiff. Plaintiff then requested that Defendant vacate the property, which Defendant refused to do.

Plaintiff filed the instant action seeking ejectment, mesne profits, and damages for unjust enrichment. Defendant contested the entry of judgment on the pleadings on Plaintiff’s ejectment action, arguing that the Plaintiff in the mortgage foreclosure action had not abided by the terms of an agreement that the parties entered into following a conciliation conference.

The Court noted that a sheriff’s sale cannot be attacked in a collateral proceeding unless the judgment giving rise to the sheriff’s sale is void, and not merely voidable. Finding that Defendant’s arguments raised, at best, the possibility that the judgment in the mortgage foreclosure action was voidable, the Court rejected Defendant’s attempt to collaterally attack that judgment in the instant action. Because Defendant raised no other defense to Plaintiff’s ejectment claim, the Court granted Plaintiff immediate possession of the property at issue.

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—No. C-48-CV-2015-3919.

Tjerand r. Snik, eSquire, for Plaintiff.

keene jabbour, eSquire, for Defendant.

Order of Court entered on August 13, 2015 by Beltrami, J.

OPINION

This matter is before the Court on “Plaintiff’s Motion for Partial Judgment on the Pleadings,” filed on June 24, 2015 (“Motion”). Briefs have been filed, oral argument was heard on July 28, 2015, and the matter is ready for disposition.

Plaintiff’s Complaint in this ejectment action was filed on May 7, 2015, and contains two counts. In Count I, Plaintiff seeks ejectment and mesne profits. In Count II, Plaintiff seeks damages for unjust enrichment. On June 3, 2015, Defendant filed an Answer. The following facts, taken from Plaintiff’s Complaint, have been admitted by Defendant:

Defendant ... is an adult individual who is residing (il-legally) at certain property having an address of 270 Halletts Rd., Mt. Bethel, PA 18343 (hereinafter, the ‘Property’). A legal description of the [P]roperty is attached [to the Complaint] as Exhibit ‘A.’ ... Defendant and Pamela A. McCauley, his former spouse, acquired the Property from Richard J. Ball, Sr. and Betty J. Ball, his wife, by virtue of a [d]eed dated December

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337MN Reit v. McCauley et al.

21, 1995. A copy of this [d]eed is attached [to the Complaint] as Exhibit ‘B.’ On or around November 25, 2003, Pamela Mc-Cauley executed a deed in which she granted and conveyed her interest in the Property to Defendant. A true and correct copy of this deed, the original of which was recorded in the [O]ffice of the Recorder of Deeds of Northampton County on March 12, 2004, is attached [to the Complaint] as Exhibit ‘C.’ In con-nection with the conveyance of his wife’s interest in the Prop-erty, Defendant made[,] executed[,] and delivered a mortgage upon the Property in favor of Centex Home Equity Company, LLC to secure a note in the amount of $117,000.00. A true and correct copy of this mortgage, the original of which was re-corded with the Office of the Recorder of Deeds on March 12, 2004[,] at Book 2004-1, [Page] 94026, is attached [to the Complaint] as Exhibit ‘D.’ On March 26, 2013, [a] [c]omplaint in [m]ortgage [f ]oreclosure was filed by Nationstar Mortgage, LLC, F/K/A Centex Home Equity Company, LLC (‘Nation-star’) at Docket No. C-48-CV-2013[-2800]. A true and correct copy of this complaint is attached [to the Complaint] as Ex-hibit ‘E.’ A case management [o]rder [d]ated March 26, 2013[,] was filed scheduling a conciliation conference for June 21, 2013. Defendant was personally served with the complaint in foreclosure on April 5, 2013. On July 3, 2013, a conciliation conference [o]rder dated June 21, 2013[,] was filed, wherein Defendant was ordered to submit financials in 20 days, and the conference was rescheduled for August 21, 2013. Following the [c]onciliation [c]onference on August 21, 2013, an [o]rder was issued identifying that an agreement between the parties had been reached, that the case remained open, and that Plain-tiff could proceed with the foreclosure action in the event of a default by Defendant within six (6) months of the date of the order. A true and correct copy of this [o]rder is attached [to the Complaint] as Exhibit ‘F.’ ... Defendant failed to file any re-sponsive pleading to challenge or defend against the [c]omplaint in [m]ortgage [f ]oreclosure. On or around April 3, 2014, a default judgment was entered against Defendant for failure to file an answer to the complaint. Nationstar also filed a [p]rae-cipe for [w]rit of [e]xecution together with a property descrip-tion and [a]ffidavit pursuant to Pa. R.C.P. [ No.] 3129. A true and correct copy of the [a]ffidavit is attached [to the Complaint] as Exhibit ‘G.’ According to an [a]ffidavit of [s]ervice, Defen-dant was personally served with the [n]otice of the [s]heriff’s [s]ale scheduled for July 11, 2014, on April 22, 2014. A true and correct copy of the [a]ffidavit of [s]ervice is attached [to

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the Complaint] as Exhibit ‘H.’ Defendant did not attempt to strike off or open the default judgment, and the Property was sold in execution as scheduled on July 11, 2014. Defendant also failed to take exception to, or otherwise raise any challenge to the sheriff’s sale, nor did Defendant petition the [C]ourt to set aside the sale prior to the sheriff’s execution of the sheriff’s deed. By [s]heriff’s [d]eed dated September 12, 2014, the Property was granted and conveyed to The Bank of New York Mellon F/K/A The Bank of New York, Successors to JPMorgan Chase Bank, N.A., [a]s Trustee for Centex Home Equity Loan Trust 2004-C. The [s]heriff’s [d]eed was recorded in the Office of the Recorder of Deeds for Northampton County on October 22, 2014, at Deed Book 2014-1 at Page 185646. A true and correct copy of this [d]eed is attached [to the Complaint] as Exhibit ‘I.’ ... Thereafter, the Property was granted and con-veyed to Plaintiff by way of [a] deed dated January 28, 2015. The deed was subsequently recorded on March 5, 2015, in the Office of the Recorder of Deeds [of Northampton County] in Deed Book 2015-1 at Page 34643. A true and correct copy of this deed is attached [to the Complaint] as Exhibit ‘J.’

(Compl. ¶¶2, 4-11, 13-19, 22; Answer ¶¶2, 4-11, 13-19, 22.) In his Answer, Defendant concedes that “record title to [the P]roperty is in the name of ... Plaintiff ” and that he “has continued to occupy the [P]roperty since the date of the [s]heriff’s [s]ale.” (Answer ¶¶23-24.) Finally, Defendant admits that “Plaintiff has requested that Defendant vacate the Property on several occasions prior to the filing of ... the Complaint[,] but Defendant has refused these requests and remains intent on occupying the Property.” (Compl. ¶25; Answer ¶25.)

In this case, Plaintiff moves for partial judgment on the pleadings, at this time seeking a judgment of possession on its ejectment claim, reserv-ing its claims for mesne profits and unjust enrichment for trial.

Any party may move for a judgment on the pleadings after relevant pleadings are closed but within such time as not to unreasonably delay the trial. Rule 1034(a) of the Pennsyl-vania Rules of Civil Procedure, Pa. R.C.P. No. 1034(a). In ruling on a motion for judgment on the pleadings, the court may consider only the pleadings and any documents properly attached thereto and must accept as true all allegations of the non-moving party. Pfister v. City of Phila., 963 A.2d 593, 597 (Pa.Cmwlth.2009). A motion for judgment on the pleadings may be granted where there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law. Parish v. Horn, 768 A.2d 1214, 1215 n. 1 (Pa.Cmwlth.2001), aff’d, 569 Pa. 45, 800 A.2d 294 (Pa.2002).

Municipal Authority of Borough of Midland v. Ohioville Borough Munici-pal Authority, 108 A.3d 132, 136 (Pa. Commw. 2015) (footnote omitted).

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‘Ejectment is a possessory action only, and can succeed only if the plaintiff is out of possession, and if he has a present right to immediate possession.’ Brennan v. Shore Brothers, Inc., 380 Pa. 283, 285, 110 A.2d 401, 402 (1955). This translates into the protocol necessary to initiate an action in ejectment, which cannot be maintained by the plaintiff unless he is out of possession, and he has a right to the possession of the prop-erty at the time of the commencement of the action. Id., at 285, 110 A.2d at 403; see also Bruker v. Carlisle Borough, 376 Pa. 330, 334–35, 102 A.2d 418, 420 (1954) (‘It is true that ordinar-ily, where the defendant is in possession and the plaintiff out of possession of the land the latter must bring an action in ejectment.’).

Wells Fargo Bank, N.A. v. Long, 934 A.2d 76, 79 (Pa. Super. 2007). A suc-cessful bidder at a sheriff’s sale has an immediate right to possession of the property once the sheriff acknowledges the sale and delivers a sheriff’s deed to the successful bidder. Id. at 80.

In this case, Defendant admits that a sheriff’s deed was delivered to Plaintiff and that he has remained in the Property since the delivery of the deed to Plaintiff. Thus, Plaintiff has clearly established that it is out of pos-session and has an immediate right to present possession absent some vi-able legal defense raised in the pleadings by Defendant. In this regard, the Court notes that Defendant has not filed new matter and has raised no af-firmative defenses. Thus, any affirmative defenses have been waived. Iorfida v. Mary Robert Realty Company, Inc., 372 Pa. Super. 170, 176, 539 A.2d 383, 386 (1988) (“affirmative defenses (with exception not applicable here) not raised in new matter in accordance with Pa.R.C.P. [ No.] 1030 are waived pursuant to Pa.R.C.P. [ No.] 1032.”).

In any event, the only arguable issue raised by Defendant in his Answer and Brief is his claim that he has “legal and equitable title based upon the fact that the Plaintiff’s predecessor in title, Nationstar[,] did not abide by the [a]greement entered into on August 21, 2013[,]” following the conciliation conference in the foreclosure action. (Answer ¶23.) Defendant contends that he tendered payments to Nationstar under the terms of that agreement and that Nationstar refused to accept them. (Id. ¶¶12-13.) Even accepting these allegations as true for purposes of ruling on Plaintiff’s Mo-tion, the allegations do not raise a valid defense.

Initially, we note that an attack on a sheriff’s sale usu-ally cannot be made in a collateral proceeding. Caplan v. Kent, 366 Pa. 87, 76 A.2d 764 (1950). An ejectment action is a pro-ceeding collateral to that under which the land was sold. Mencke v. Rosenberg, 202 Pa. 131, 51 A. 767, 769 (1902). Thus, where it is claimed that the underlying default judgment is merely voidable, that claim will not be entertained because such a

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judgment [cannot] be reached collaterally. Roberts v. Gibson, 214 Pa.Super. 220, 251 A.2d 799 (1969). However, in an eject-ment action it may be alleged that the judgment is void. A void decree can be attacked at any time. Brokans v. Melnick, 391 Pa.Super. 21, 569 A.2d 1373, 1376 (1989). Where a judgment is void, the sheriff’s sale which follows is a nullity. A judgment is void when the court had no jurisdiction over the parties, or the subject matter, or the court had no power or authority to render the particular judgment. Id. A judgment which is void [cannot] support an ejectment action and may be asserted as a defense in the ejectment proceeding. Id. See also Kaib v. Smith, 454 Pa.Super. 67, 684 A.2d 630 (1996) (where in an ejectment proceeding the court considered whether the trial court erred in refusing to set aside a sheriff’s sale, but ruled that the complaining party, a tenant, failed to establish proper cause to warrant setting aside the sale) and Meritor Mortgage Corp. v. Henderson, 421 Pa.Super. 339, 617 A.2d 1323 (1992) (ruling that the failure to make adequate service in a foreclosure action could be raised in the action of ejectment because a void judgment can be attacked at any time).

Dime Savings Bank, FSB v. Greene, 813 A.2d 893, 895 (Pa. Super. 2002). Here, the argument advanced by Defendant, even if accepted as true, would not render the judgment void but, at best, voidable. As noted above, a voidable default judgment cannot be collaterally attacked in an ejectment action. Moreover, Defendant has raised no argument or facts indicating that the judgment is void. In this regard, Defendant concedes that he was personally served with the mortgage foreclosure complaint, which con-cerned a property he owned in Northampton County and that was filed in a case in which this Court certainly had subject matter jurisdiction. Defen-dant concedes that he did not respond to the mortgage foreclosure com-plaint. Thus, this Court certainly had the power to enter a default judgment. Finally, Defendant admits that he did not seek to open or strike the default judgment and did not petition to set aside the sheriff’s sale prior to the delivery of the sheriff’s deed to Plaintiff. For all of the above reasons, there are simply no grounds to deem the judgment to be void.

For all of the above reasons, there are no genuine issues of fact, and Plaintiff is entitled to judgment of possession, as a matter of law, on its ejectment claim.

WHEREFORE, the Court enters the following:

ORDER

AND NOW, this 13th day of August, 2015, “Plaintiff’s Motion for Partial Judgment on the Pleadings,” filed on June 24, 2015, is hereby GRANTED.

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A judgment for possession is hereby entered in favor of Plaintiff and against Defendant. Plaintiff is hereby entitled to possession of the real property described as follows:

ALL that certain parcel or tract of land situate in the Township of Upper Mount Bethel, County of Northampton and Commonwealth of Pennsylvania Being Unit Lot #1 as shown on revised Plat of Hallett’s Woods, Inc., and recorded in Map Book 46, at Page 61, entered 22nd day of December 1977, bounded and described as follows, to wit:

BEGINNING at an iron pipe lying the following two (2) courses and distances from a point in the public road, Township Route 709, namely: (1) along lands now or formerly Morris Cohon, North thirty-seven Degrees forty-five Minutes (N37° 45’ E) East, 508.4 feet (more or less) to a point; thence (2) through prior Grantor’s lands (Jane M. Davidge, Widow), South forty-three Degrees zero Minutes (S 43° 00’ E) East, 50.7 feet to the point and place of beginning, being the northerly corner of lands herein described; thence, through lands of the prior Grantor (Jane M. Davidge, Widow), of which this was a part, the following four (4) courses and distances, namely: (1) South forty-three Degrees zero Minutes (S 43° 00’ E) East, 215.00 feet to an iron pipe; thence (3) North fifty-one Degrees thirty-four Minutes (N 51° 34’ W) West, 212.20 feet to an iron pipe; thence (4) parallel to and 50 feet southeasterly of land of aforesaid Cohon, North thirty-seven Degrees forty-five Minutes (N37° 45’ E) East, 250.00 feet to the point and place of BEGIN-NING.

CONTAINING 1.14 Acres of Land.TOGETHER with all right, title and interest, being an

undivided twenty percent interest, in and to the Common Ele-ments as more fully set forth in the aforesaid Declaration and Declaration Plan.

SUBJECT to the ingress, egress and regress by Jane Davidge, Widow, her heirs and assigns, over Halletts Road and Pioneer Drive to access other lots within the subdivision and as access other land of the grantor to the North and East of the Development Phase I of Halletts Woods, Inc., recorded in Map Book 46, Page 61.

SUBJECT to utility and drainage easements and cove-nants, conditions and restrictions noted on Plat of Halletts Woods, Inc., Recorded in Map Book Volume 46, at Page 61.

TOGETHER with the right of ingress, egress and regress over Halletts Road from the premises hereinabove described to Township Road 709, known as Turkey Ridge Road.

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BEING THE SAME PREMISES which THE BANK OF NEW YORK MELLON, F/K/A, THE BANK OF NEW YORK, Successors to JPMorgan Chase Bank, N.A., as Trustee for Centex Home Equity Loan Trust 2004-C, by Nationstar Mort-gage LLC as its servicer and Attorney in Fact, by Power of Attorney dated April 8, 2014, did, by Deed dated January 28, 2015, and recorded in the Office for the Recorder of Deeds in and for the County of Northampton at Easton, Pennsylvania, in Record Book 2015-1, Page 34643, granted and conveyed unto MN REIT LLC.

TAX IDENTIFICATION NUMBER: B11-4-3E-0131.PREMISES BEING KNOWN AS: 270 Halletts Road,

Mount Bethel, Pennsylvania.Plaintiff shall file a praecipe for arbitration, on its remaining claims,

within sixty (60) days.

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NORTHAMPTON COUNTY REPORTER

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Northampton County Bar Association

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