north n 53_102.pdf · estate of the decedents set forth ... martino and karasek, 641 market street,...

1

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.

(USPS 395-280)

VOL. LIII EASTON, PA December 9, 2004 NO. 102Northampton County Reporter Digest—2004-12

CONTENTS

�NOTICE TO THE BAR. . .Court Administration has issued the following information regarding holidayschedules:Please be advised that the Status Conferences originally scheduled forTuesday, December 21, 2004 have been changed to Wednesday, December22, 2004.�As a result of the Christmas Holiday, Court will be closed the latter portion ofThursday, December 23, 2004 and Friday, December 24, 2004. In observanceof the New Year Holiday, Court will be closed on Friday, December 31, 2004.Court will also be closed on Monday, January 17, 2005 to observe MartinLuther King, Jr. Day.Custody hearings that would normally be scheduled for December 23 andDecember 24, 2004 have been rescheduled for December 21 and December22, 2004. Those custody hearings scheduled for December 17, 2004 will occuras originally listed. If you have any questions, please call the Court Administrator’sOffice at (610) 559-6700.

Administrative Order 2004-5 ................... 12Attorney Wanted .................................... 17Associate Needed .................................... 9Audit Notice ........................................... 11Bar News ................................................. 3Corporate Fictitious Name

Registration Notice ............................. 9Employment Notice .................................. 9Estate Notices ......................................... 4Fictitious Name Registration Notices ........ 8Firm Announcements ................. 14, 15, 16Legal Notices ......................................... 10

Northampton County ReporterDigest—2004-12 ............................... 19

Notice of Incorporation ............................. 8Notice of Nonprofit Incorporation .............. 9

INSERTS: Yellow:1. “Options When Forming a Business Entity”

2. “Workers’ Comp/Step 4—The Trial”3. 2004/2005 NCBA Calendar of Events

4. PBI/CLE Seminars @NCBA,BALC & I.U. 20

Brown:Northampton County Reporter Publication &

Advertising Rates

2

The Northampton County Reporter will be published every Thursdayby 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 legalnotices must be submitted in typewritten form and are published exactlyas submitted by the advertiser. Neither the Law Reporter nor the printerwill assume any responsibility to edit, make spelling corrections, elimi-nate errors in grammar or make any changes to content.

Subscription Price—$55.00 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) 258-8715Robert C. Brown, Jr., Esquire

Editor

NORTHAMPTON COUNTY BAR ASSOCIATION2004 BAR ASSOCIATION OFFICERS

Alan B. McFall ................................................. PresidentKarl F. Longenbach ................................... President-electRichard P. Kovacs ...................................... Vice PresidentJoel H. Ziev ....................................................... TreasurerMichael C. Deschler .......................................... SecretaryJohn L. Obrecht ......................................... Past President

BOARD OF GOVERNORS

Paula Ann RoscioliLinda Shay Gardner

Kerry S. FreidlDeborah Jean DeNardo

Abraham P. KassisChristopher M. Shipman

Victor E. Scomillio

ZONE II DELEGATES

Joel M. ScheerMichael P. Shay

Nicholas Noel, IIIBarbara L. Hollenbach

John L. ObrechtRonald W. Shipman—Zone II Governor

Northampton County ReporterAttorney Referral & Information Service

155 South Ninth Street, Easton, PA 18042-4399Phone (610) 258-6333 Fax (610) 258-8715

E-mail: [email protected] (800) 932-0311—PBI (800) 932-4637

BAR ASSOCIATION STAFFClaudia J. Meyer ................................ Executive DirectorStephanie Pasquel ........................................... AccountingHeather Rizzotto-Stefanik ........................... Legal JournalGloria A. Robison ................................ Attorney ReferralDeborah J. Flanagan ............................. Attorney Referral

3

NOTICES TO NCBA MEMBERS—BAR NEWS�PLEASE NOTE the changes in the 2005 Court Calendar. The Civil Pretrialdates listed on the back of the 2005 Court Calendar were printed incorrectly andshould be as follows: February 9, 2005—April 5, 2005—June 14, 2005—August2, 2005—October 11, 2005—December 5, 2005. Additionally, the January 19th

date listed for Civil Non-Jury is incorrect and should be January 24, 2005. Alldates on the front of the calendar are correct.

�INCLUDED IN THIS ISSUE is Administrative Order 2004-5 of the Civil Division“Order of Attachment of Income to Satisfy Landlord-Tenant Judgment underResidential Lease-Form.”

�INCLUDED IN THIS ISSUE is the 2005 Legal & Non-legal advertising rates forthe Northampton County Reporter. Please note that we have included commercialand non-legal advertising that must meet the standards of appropriateness andgood taste of the Northampton County Bar Association and shall be at the solediscretion of the Editor.

�NOTICE TO THE BAR: Holiday Staff luncheon is Monday, December 13,2004. The NCBA Office will be closed between the hours of 11:30 A.M. and 2:30P.M.

�NOTICE TO THE BAR: The deadlines for receiving Legal Notices for thefollowing upcoming holidays are as follows: Christmas—The deadline for receivingLegal Notices for the December 23rd issue of the Reporter is NOON on Friday,December 17th. New Year’s—The deadline for receiving Legal Notices for theDecember 30th issue of the Reporter is NOON on Thursday, December 23rd.

�INCLUDED IN THIS ISSUE are announcements & registration forms for thefollowing lunch and learn seminars:(1) December 15, 2004—“Options When Forming a Business Entity”(2) January 12, 2005 “Workers’ Comp/Step 4—The Trial”(3) PBI/CLE Seminars(4) Calendar of Events

�PBI/CLE SEMINAR @ NCBA—Thursday, December 16, 2004—“Orphan’s Court Practice & Procedure” is scheduled from 9:30 a.m. to

12:30 p.m. As always, registration begins at 9:00 a.m.Register early by calling (800) 932-4637.

�Bar Association of Lehigh County presents:CLE Video Cafeteria on Wednesday, December 29, 2004.

Call BALC/CLE Office for details @ (610) 433-6401 Ext. 16.

�REAL FACTS: Leonardo Da Vinci invented the scissors.

4

NORTHAMPTON COUNTY REPORTER Vol. 53 No. 102 12/9/2004

ESTATE NOTICESNotice is hereby given that in the

estate of the decedents set forthbelow the Register of Wills hasgranted letters, testamentary or ofadministration to the personsnamed. All persons having claimsor demands against said estates arerequested to make known the same,and all persons indebted to saidestates are requested to make pay-ment without delay to the executorsor administrators or their attorneysnamed below.

FIRST PUBLICATIONBIERLY, EVELYN M., dec’d.

Late of the City of Easton,Northampton County, PAExecutor: Donald L. Dillmanc/o Michael E. Riskin, Es-quire, Riskin and Riskin, 18E. Market St., P.O. Box 1446,Bethlehem, PA 18016-1446Attorneys: Michael E. Riskin,Esquire, Riskin and Riskin, 18E. Market St., P.O. Box 1446,Bethlehem, PA 18016-1446

BROSIOUS, KATHRYN E.,dec’d.Late of 321 East MarketStreet, Bethlehem, Northamp-ton County, PAExecutrix: Karen Ann Royer,1921 West Broad Street, Beth-lehem, PA 18018Attorney: William G. Malka-mes, Esquire, 509 LindenStreet, Allentown, PA 18101

HUNSICKER, LEE E., dec’d.Late of the Township of EastAllen, Northampton County,PAExecutrix: Gloria M. Ringerc/o Gregory R. Reed, Esquire,Attorney-at-Law, 141 SouthBroad Street, P.O. Box 299,Nazareth, PA 18064-0299

Attorney: Gregory R. Reed,Esquire, Attorney-at-Law, 141South Broad Street, P.O. Box299, Nazareth, PA 18064-0299

KLINGER, PHILIP D., SR., dec’d.Late of the Borough of PenArgyl, Northampton County,PAAdministratrix: Sandra J.Klinger, 510 Schanck Avenue,Pen Argyl, PA 18072Attorneys: Ronold J. Karasek,Esquire, Zito, Martino andKarasek, 641 Market Street,Bangor, PA 18013

LAURITO, HENRY T., dec’d.Late of the Borough of Naza-reth, Northampton County,PACo-Executors: Henry T. Lau-rito, Jr. and Susan Lauritoc/o Bradford D. Wagner, Es-quire, 662 Main Street, Hell-ertown, PA 18055-1726Attorney: Bradford D. Wagner,Esquire, 662 Main Street,Hellertown, PA 18055-1726

LONGLEY, BARBARA S., dec’d.Late of the Township of Moore,Northampton County, PAExecutor: Jesse Longley, 24Longley Road, Nazareth, PA18064Attorneys: Alyssa Lopiano-Reilly, Esquire, Zito, Martinoand Karasek, 641 MarketStreet, Bangor, PA 18013

MONTORO, ANGELO a/k/a AN-GELO R. MONTORO, dec’d.Late of the City of Easton,Northampton County, PAExecutrix: Ms. Isabel Walsha/k/a Isabella P. Walsh, 508W. Wilkes-Barre Street, East-on, PA 18042

5


Attorney: Charles H. Spaziani,Esquire, 205 South SeventhStreet, Easton, PA 18042

ODENWELDER, WILLIAM H.,SR., dec’d.Late of the City of Easton,Northampton County, PAExecutrix: Winifred Statler,141 North 10th Street, East-on, PA 18042Attorneys: Peters, Moritz,Peischl, Zulick & Landes, LLP,1 South Main Street, Naza-reth, PA 18064-2083

PFEFFER, LILLIAN R., dec’d.Late of the City of Easton,Northampton County, PACo-Executrices: Sharon M.Thomas, 315 W. Milton Street,Easton, PA 18042 and JudithA. Walters, 645 Chief TatamyRoad, Tatamy, PA 18085Attorney: Charles Bruno, Es-quire, 203 South SeventhStreet, Easton, PA 18042-4315

ROSSI, DORIS LEE a/k/aDORIS L. ROSSI, dec’d.Late of the Township of UpperMt. Bethel, NorthamptonCounty, PAExecutrix: Lorraine Dalrymplec/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

SCHWAB, JULIUS C., dec’d.Late of Hellertown, Northamp-ton County, PAExecutrix: Margaret A.Schwab c/o Robert Van Horn,Esquire, 740 Hamilton Street,2nd Floor, Allentown, PA18101

Attorney: Robert Van Horn,Esquire, 740 Hamilton Street,2nd Floor, Allentown, PA18101

STROHL, LILLIAN, dec’d.Late of the Township of UpperNazareth, NorthamptonCounty, PAExecutrix: Elaine Blasco,1164 N. South Cedar CrestBlvd., Allentown, PA 18103Attorneys: Peters, Moritz,Peischl, Zulick & Landes, 1South Main Street, Nazareth,PA 18064

SVANDA, STEPHEN P., dec’d.Late of the Township of Beth-lehem, Northampton County,PAExecutrix: Dorene Ann Svan-da c/o William A. Duh, Es-quire, 2046 Leithsville Road,P.O. Box BB, Hellertown, PA18055-0120Attorney: William A. Duh, Es-quire, 2046 Leithsville Road,P.O. Box BB, Hellertown, PA18055-0120

VAUGHN, JAMES, dec’d.Late of Northampton, North-ampton County, PAAdministrator: James Vaughn,Jr. c/o Edward R. Eidelman,Esquire, Peter J. Karoly & As-sociates, 1511-1525 HamiltonStreet, Allentown, PA 18102Attorneys: Edward R. Eidel-man, Esquire, Peter J. Karoly& Associates, 1511-1525 Ham-ilton Street, Allentown, PA18102SECOND PUBLICATION

BARTHOLOMEW, PAUL D., SR.a/k/a PAUL D. BARTHOLO-MEW, dec’d.Late of the Borough of Tata-my, Northampton County, PA

6


Executor: George C. Barthol-omew c/o Gregory R. Reed, Es-quire, Attorney-at-Law, 141South Broad Street, P.O. Box299, Nazareth, PA 18064-0299Attorney: Gregory R. Reed,Esquire, Attorney-at-Law, 141South Broad Street, P.O. Box299, Nazareth, PA 18064-0299

DRAVITZ, JOHN S., dec’d.Late of the Township of LowerSaucon, Northampton Coun-ty, PAExecutor: John E. Dravitzc/o William A. Duh, Esquire,Route 412, 2046 LeithsvilleRoad, Hellertown, PA 18055Attorney: William A. Duh,Esquire, Route 412, 2046Leithsville Road, Hellertown,PA 18055

FILIPEK, WALTER J., dec’d.Late of the Borough of Heller-town, Northampton County,PAExecutrix: Mary Reiter Filipekc/o John J. Bartos, Esquire,3976 Township Line Road,Bethlehem, PA 18020Attorney: John J. Bartos, Es-quire, 3976 Township LineRoad, Bethlehem, PA 18020

HARTZELL, CHARLES E.,dec’d.Late of the Township of UpperMt. Bethel, NorthamptonCounty, PAExecutrix: Helen L. Strattonc/o McFall, Layman & Jordan,P.C., Attorneys at Law, 134Broadway, Bangor, PA 18013Attorneys: McFall, Layman &Jordan, P.C., Attorneys at Law,134 Broadway, Bangor, PA18013

HEFFERNAN, MICHAEL, dec’d.Late of the Borough of NorthCatasauqua, NorthamptonCounty, PA

Administratrix: Anne Heffer-nan c/o Elliot M. Drexler,Drexler, Lyons & McGuffin,260 West Street Road, P.O. Box2339, Warminster, PA 18974Attorneys: Elliot M. Drexler,Drexler, Lyons & McGuffin,260 West Street Road, P.O. Box2339, Warminster, PA 18974

HELLER, WAYNE J., dec’d.Late of the Township of UpperMt. Bethel, NorthamptonCounty, PAExecutor: Stephen N. Hellerc/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, PA18013-0019

HODULIK, HELEN K., dec’d.Late of the Township of Moore,Northampton County, PAExecutrix: Patricia I. Veneira/k/a Patricia I. Venier c/oCraig A. Dally, Esquire, Pierce& Dally, LLP, 124 BelvidereStreet, Nazareth, PA 18064Attorneys: Craig A. Dally, Es-quire, Pierce & Dally, LLP, 124Belvidere Street, Nazareth, PA18064

LaBARBA, JOSEPHINE E.,dec’d.Late of the Township of Palm-er, Northampton County, PACo-Executors: S. James La-Barba, 1510 Quarry Drive,Bethlehem, PA 18020 andCarmella LaBarba, 2913 Lib-erty Street, Easton, PA 18045Attorneys: Louis S. Minotti,Jr., Esquire, Minotti & De-Esch, 2240 NorthamptonStreet, Easton, PA 18042

7


McNERNEY, RITA E., dec’d.Late of the City of Bethlehem,Northampton County, PAExecutor: Joseph F. Leeson,Jr. c/o Leeson, Leeson & Lee-son, 70 E. Broad Street, P.O.Box 1426, Bethlehem, PA18016-1426Attorneys: Leeson, Leeson &Leeson, 70 E. Broad Street,P.O. Box 1426, Bethlehem, PA18016-1426

OTT, FLOYD A., JR., dec’d.Late of Lower Mt. BethelTownship, NorthamptonCounty, PACo-Executrices: Elaine F.Mest and Sharon M. Shookc/o Harry C. J. Blair, Esquire,940 Jacktown Road, Bangor,PA 18013Attorney: Harry C. J. Blair,Esquire, 940 Jacktown Road,Bangor, PA 18013

PASTERNAK, ANTHONY a/k/aTONEY PASTERNAK a/k/aTONY PASTERNAK, dec’d.Late of the Borough of Heller-town, Northampton County,PAExecutrix: Jeanette Scherbaka/k/a Jeannette Scherbakc/o Littner, Deschler & Littner,512 N. New Street, P.O. Box1407, Bethlehem, PA 18016-1407Attorneys: Littner, Deschler &Littner, 512 N. New Street,P.O. Box 1407, Bethlehem, PA18016-1407

PONIKTERA, HELEN P., dec’d.Late of the Borough of Heller-town, Northampton County,PAExecutrix: Carolann DosSan-tos c/o William A. Duh, Es-

quire, Route 412, 2046 Leiths-ville Road, Hellertown, PA18055Attorney: William A. Duh,Esquire, Route 412, 2046Leithsville Road, Hellertown,PA 18055

ROSSO, NICHOLAS H., JR.,dec’d.Late of the City of Bethlehem,Northampton County, PAExecutor: Mark F. Russo c/oWilliam A. Duh, Esquire,Route 412, 2046 LeithsvilleRoad, Hellertown, PA 18055Attorney: William A. Duh,Esquire, Route 412, 2046Leithsville Road, Hellertown,PA 18055

THIRD PUBLICATIONCHOMKO, JOHANNA, dec’d.

Late of Upper Nazareth Town-ship, Northampton County,PAExecutrix: Stephanie Pasquelc/o Joel H. Ziev, Esquire, 700Washington Street, Easton, PA18042Attorney: Joel H. Ziev, Es-quire, 700 Washington Street,Easton, PA 18042

EAKIN, GEORGE G., dec’d.Late of the Township of Palm-er, Northampton County, PAExecutor: Harold K. Banghart,1231 Bushkill Street, Easton,PA 18042Attorney: Keene Jabbour, Es-quire, 701 Washington Street,Easton, PA 18042

KALMAN, MARTINA, dec’d.Late of the City of Bethlehem,Northampton County, PAExecutor: William J. Kalmanc/o John J. Bartos, Esquire,3976 Township Line Road,Bethlehem, PA 18020

8


Attorney: John J. Bartos, Es-quire, 3976 Township LineRoad, Bethlehem, PA 18020

KINGCAID, HELEN J. a/k/aHELEN E. KINGCAID, dec’d.Late of the Township of Bush-kill, Northampton County, PACo-Executors: Patricia A. Van-Horn, 442 Cherry Hill Rd.,Nazareth, PA 18064 and Den-nis M. Kingcaid, 27 ChestnutStreet, Nazareth, PA 18064Attorneys: Peters, Moritz,Peischl, Zulick & Landes, 1South Main Street, Nazareth,PA 18064

KROBOTH, CHARLES JOHNa/k/a CHARLES KROBOTHa/k/a CHARLES J. KRO-BOTH, dec’d.Late of Walnutport, North-ampton County, PAExecutor: Neil Charles Kro-both, 530 Old Main Street,Walnutport, PA 18088Attorneys: Charles A. Waters,Esquire, Steckel and Stopp,125 S. Walnut Street, Suite210, Slatington, PA 18080

YOB, MARGUERITE E., dec’d.Late of 351 East Main Street,Bath, Northampton County,PAExecutrix: Dolores Rampulla,47 Friedenstahl Avenue, Naza-reth, PA 18064Attorneys: Lee A. Conrad, Es-quire, Thomas, Conrad andConrad, 515 West LindenStreet, First Floor, Allentown,PA 18101

NOTICE OF INCORPORATIONNOTICE IS HEREBY GIVEN that

Articles of Incorporation have beenfiled with the Department of Stateof the Commonwealth of Pennsyl-vania, at Harrisburg, Pennsylvania,for the purpose of obtaining a Cer-tificate of Incorporation of a pro-

posed business corporation to beorganized under the provisions ofthe Pennsylvania Business Corpo-ration Law of 1988, approved De-cember 21, 1988, P.L. 1444, No.177, as amended.

The name of the corporation is:DIGITAL TECHNICAL

SERVICES, INC.Craig A. Dally, Esquire

Pierce & Dally, LLP124 Belvidere StreetNazareth, PA 18064

Dec. 9

FICTITIOUS NAMEREGISTRATION NOTICES

NOTICE IS HEREBY GIVEN,pursuant to the provisions of Act295 of 1982 of the filing on Sep-tember 13, 2004, in the Office ofthe Secretary of the Commonwealthof Pennsylvania, at Harrisburg,Pennsylvania, a certificate for theconduct of a business in Pennsyl-vania, under the assumed or ficti-tious name, style or designation of:

COUNTRY WAREHOUSEwith its principal place of businessat: 137 Henry Avenue, Nazareth, PA18064.

The name and address of theperson owning or interested in saidbusiness is: Randy D. Trach, 137Henry Avenue, Nazareth, PA 18064.

Dec. 9

NOTICE IS HEREBY GIVEN,pursuant to the provisions of Act295 of 1982, of the filing in the Of-fice of the Secretary of the Com-monwealth of Pennsylvania, Harris-burg, Pennsylvania, a certificate forthe conduct of a business in Penn-sylvania under the assumed or fic-titious name, style or designation of:

NOTABLE SOLUTIONSwith its principal place of businessat: 4700 Pheasant Run Court,Bethlehem, Pennsylvania 18020.

9


The names of the persons owningor interested in said business are:Michael K. Henderson and EsterP.L. Henderson. The certificate wasfiled on November 29, 2004.

KARL H. KLINE, ESQUIREKARL KLINE P.C.

2925 William Penn HighwaySuite 301Easton, PA 18045-5283

Dec. 9

NOTICE OF NONPROFITINCORPORATION

NOTICE IS HEREBY GIVEN thatArticles of Incorporation have beenfiled and approved on November 18,2004 with the Department of Stateof the Commonwealth of Pennsyl-vania, Harrisburg, Pennsylvania, forthe purpose of incorporating a non-profit corporation pursuant to theprovisions of the Nonprofit Corpo-ration Law of the Commonwealth,December 21, 1988, P.L. 1444, No.177, Section 103, as amended.

The name of the corporation is:CHESTNUT VILLAGE

HOMEOWNERS ASSOCIATIONThe purpose for which this cor-

poration has been organized is asfollows:

To do any lawful act concerningany and all business for which cor-porations may be incorporated un-der the Nonprofit Corporation Lawof Pennsylvania including the man-agement and maintenance of com-mon areas within Chestnut VillageHomeowners Association and theimposition and collection of assess-ments to further that purpose.

JOSEPH J. PIPERATO, III,ESQUIRE

BENNER & PIPERATOCity Line Plaza2005 City Line RoadSuite 106Bethlehem, PA 18017(610) 867-3900

Dec. 9

CORPORATE FICTITIOUS NAMEREGISTRATION NOTICE

NOTICE IS HEREBY GIVEN,pursuant to the provisions of Act295 of 1982 (54 Pa. C.S.A. Sec. 301et seq.), of intention to file in theOffice of the Secretary of the Com-monwealth of Pennsylvania, a Cer-tificate for the conduct of businessin Northampton County, Pennsylva-nia, under the assumed or fictitiousname, style or designation of:

BLIMPIE OF NAZARETHwith its principal place of businessat: 608 W. Lafayette St., Nazareth,PA 18064.

The name and address of theentity owning or interested in saidbusiness is: Lee Squared, LLC, of608 W. Lafayette St., Nazareth, PA18064.

The certificate was filed on No-vember 8, 2004.

GARY M. MILLER, ESQUIREMILLER & DAVISON

210 E. Broad StreetBethlehem, PA 18018

Dec. 9

ASSOCIATE NEEDEDSmall insurance defense firm lo-

cated in Center City, Bethlehemseeking an associate with 0-3 yearsexperience, preferably in insurancedefense and/or civil litigation.Please reply to R. Eric Hall, Esquire,R.E. Hall & Associates, P.C., 74 W.Broad Street, Suite 330, Bethlehem,PA 18018.

Dec. 2, 9

EMPLOYMENT NOTICEThe Monroe County Public De-

fender Office will be interviewing fora new Full-Time Assistant PublicDefender. The position involves ex-tensive juvenile justice work. Appli-cants must be a member of thePennsylvania Bar and have a genu-ine commitment to representing in-

10


digent people. Salary: $31,303.00plus benefits, Blue Cross/BlueShield, Dental/Vision and Pension.Only individuals who have passedthe Bar need apply. Position is avail-able as of December 13, 2004.

Resumes should be directed toJacqueline Lim, Legal Office Man-ager, Monroe County Public De-fender Office, Monroe County Court-house, Stroudsburg, PA 18360,telephone (570) 517-3049.

Dec. 9

IN THE COURT OF COMMONPLEAS OF NORTHAMPTONCOUNTY, PENNSYLVANIA

CIVIL DIVISIONMORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.,as Nominee for

CHASE MANHATTANMORTGAGE CORPORATION,

Plaintiff,vs.

LUZ N. VALENTIN, a/k/a LUZ N.COLON, KNOWN HEIR and THE

UNKNOWN HEIRS OFVICTOR L. VALENTIN,

Defendants.NO. C0048CV2004007882

NOTICEIf you wish to defend, you must

enter a written appearance person-ally or by attorney and file your de-fenses or objections in writing withthe court. You are warned that ifyou fail to do so the case may pro-ceed without you and a judgmentmay be entered against you withoutfurther notice for the relief re-quested by the plaintiff. You maylose money or property or otherrights important to you.

YOU SHOULD TAKE THIS NO-TICE TO YOUR LAWYER AT ONCE.IF YOU DO NOT HAVE A LAWYER

OR CANNOT AFFORD ONE, GO TOOR TELEPHONE THE OFFICE SETFORTH BELOW TO FIND OUTWHERE YOU CAN GET LEGALHELP.

LAWYER REFERRAL SERVICE155 S. 9th StreetEaston, PA 18042(610) 258-6333

Dec. 9

IN THE COURT OFCOMMON PLEAS

NORTHAMPTON COUNTY,STATE OF PENNSYLVANIA

COURT OF COMMON PLEASCOURT DIVISION

In the Matter of the Petition of:Paulo Jorge Marques Fonseca,

PetitionerFor a Change of Name to:

Paulo Jorge Marques PangaioDOCKET NO.

C0048CV2004006540ORDER

AND NOW on this the 11th dayof December 2004, a hearing on thePetition for Change of Name isscheduled for 18 day of February,2005, at 10 a.m., in Courtroom No.229 on the 2nd floor of theNorthampton County Courthouse,669 Washington Street, Easton,Pennsylvania.

Petitioner is directed to give no-tice of the hearing by publication inthe Northampton County Reporterand Express Times, once a weekfor two consecutive weeks.

Petitioner will obtain certifica-tions of actions filed of record fromClerk of Courts and instruments ofindebtedness from Prothonotaryand Recorder of Deeds dated nomore than two days prior to thehearing.

BY THE COURT/s/J. Hogan

Dec. 9, 16

11


PUBLIC NOTICEIN THE COURT OF COMMONPLEAS OF NORTHAMPTONCOUNTY, PENNSYLVANIA

CIVIL DIVISION—LAWIN RE: PETITION OF

BETHLEHEM AREA VOCATIONALTECHNICAL SCHOOL FOR

APPROVAL OF A PRIVATE SALEOF 3205 DUBLIN COURT,BETHLEHEM TOWNSHIP,

PENNSYLVANIAAll parties interested are notified

that the Bethlehem Area VocationalTechnical School desires to sellproperty located at 3205 DublinCourt, Bethlehem Township, Penn-sylvania 18020, by private sale forthe purchase price of $261,000.00and has filed a Petition for approvalof the private sale in the Court ofCommon Pleas of NorthamptonCounty. All parties interested arenotified that the Petition for Approvalof the Private Sale will be presentedto the Court of Common Pleas ofNorthampton County on Wednesday,December 29, 2004 at 9:00 a.m. inCourtroom #1 at the NorthamptonCounty Courthouse, located at 669Washington Street, Easton, PA18042. Any party interested shallappear to be heard.

Dec. 9, 16, 23

IN THE NORTHAMPTONCOUNTY COURT OF

COMMON PLEASORPHANS’ COURT DIVISIONThe following Executors, Admin-

istrators, Guardians & Trusteeshave filed Accounts in the Office ofthe Orphans’ Court:

ESTATE; AccountantFRANCES E. ALTSTADT; Mi-

chael E. Riskin, ExecutorPEARL M. GRIFFITH; William

Robert Griffith, AdministratorMOLLY HARRIS a/k/a MOLLY

LEITNER; Sandra Wruble, Execu-trix

FRANCES J. KEIPER; David F.Keiper, Executor

DOROTHY POKOTELLO; Sa-mantha Schmoyer, Executrix

KATHLEEN M. RUNDLE; SusanR. Rundle, Executrix

AUDIT NOTICEAll Parties interested are notified

that an audit list will be made up ofall Accounts and the said list will becalled for audit at the NorthamptonCounty Government Center, Easton,PA on: WEDNESDAY, DECEMBER29, 2004 AT 9:00 A.M. IN COURT-ROOM #1.

Dorothy L. ColeClerk of Orphans’ Court

Dec. 2, 9

12


IN THE COURT OF COMMON PLEAS OFNORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL DIVISIONIN RE: ADMINISTRATIVE ORDER 2004-5—

ORDER OF ATTACHMENT OF INCOME TO SATISFYLANDLORD-TENANT JUDGMENT UNDER

RESIDENTIAL LEASE-FORMORDER OF COURT

AND NOW, this 29th day of November, 2004, the attachedamended rule, N3155, is hereby adopted. The effective date ofthe rule is January 3, 2005.

BY THE COURT:/s/Robert A. FreedbergROBERT A. FREEDBERG, P.J.

Dec. 9——————

RULE N3155. ORDER OF ATTACHMENT OF IN-COME TO SATISFY LANDLORD-TENANT JUDGMENT UNDER RESI-DENTIAL LEASE-FORM

To: (employer)Pursuant to the laws of the Commonwealth of Pennsylva-

nia the net wages of ________________, defendant/tenant,____________ (payroll or other identification number, if ap-plicable), of ______________ (address), is hereby attached tothe following extent.

You are directed to pay to the Prothonotary of the Court ofCommon Pleas of Northampton County 10% of the net wagesdue the defendant/tenant. The attachment payment must besent to the Prothonotary within fifteen (15) days of the datethe defendant/tenant is paid. Checks should be made payableto:________________________________________________

(Insert name of Judgment Creditor)The order of attachment for damages arising out of a resi-

dential lease is binding upon you until further notice and shallhave priority over any attachment, execution, garnishmentor wage attachment under state or local law except one relat-

13


ing to a support order or a prior attachment for damages aris-ing out of a residential lease. You must commence the attach-ment of the defendant/tenant’s income as soon as possible butno later than fourteen (14) days from the date of the issuanceof this order of attachment.

You are notified further that pursuant to law:1. The defendant/tenant has been notified that an order of

attachment would be issued.2. Willful failure to comply with this order may result in (i)

your being adjudged in contempt of court with appropriatesanctions; (ii) your being held liable for any amount not with-held or withheld but not forwarded to the Prothonotary; and(iii) attachment of your funds or property.

3. The attachment of income or the possibility thereof as abasis, in whole or in part, for the discharge of an employee orany disciplinary action against or demotion of an employee isprohibited. Violation may result in (i) your being adjudged incontempt with appropriate sanctions; and (ii) an action againstyou by the employee for damages.

4. You must notify the Prothonotary when the defendant/tenant terminates employment and provide the Prothonotarywith the employee’s last known address and the name andaddress of the new employer, if known.

5. The maximum amount of the attachment shall not ex-ceed 10% of the employee’s net wages per pay period. Thetotal amount of wages attached pursuant to this order shallnot exceed _____________.

6. For the purposes of this order, “net wages” means allwages paid less only the following items:

(i) Federal, State and local income taxes;(ii) F.I.C.A. payments and nonvoluntary retirement pay-

ments;(iii) Union dues; and(iv) Health insurance premiums.Date of Order:______________________

BY THE COURT,_________________________

J.

14


BARBARA RUSH RENKERTAttorney at Law

is pleased to announce the opening of her officefor the general practice of law, including

personal injury and workers’ compensation654 WOLF AVENUEEASTON, PA 18042

Mailing Address:P.O. Box 20786

Lehigh Valley, PA 18002-0786Telephone (610) 252-8400Fax (610) 252-5158

Licensed in Pennsylvania and New JerseyDec. 2, 9, 16

15


THE LAW OFFICE OFBROUGHAL & DeVITO, L.L.P.

is pleased to announce that

Louis J. Mattioli

has joined the firm as an associate

38 W. Market Street • Bethlehem, PA 18018Tel. (610) 865-3664 • Fax (610) 865-0969

E-Mail: [email protected]

Dec. 9

16


GROSS, McGINLEY, LABARRE& EATON, LLP

is pleased to announce that ourManaging Partner

SUSAN ELLIS WILDhas decided to resume her full-time litigation

practice, beginning in January 2005.

Susan has our sincere appreciation for heroutstanding service as our Managing Partner

from 2000 through 2004, and ourenthusiastic support for her continuing success

as a Litigator with our Firm.

The firm is accepting applications for theposition of Managing Attorney.This will be a full-time position.Resumes should be directed to:

Ellen Freedman, CLM634 Meadowbrook Avenue

Ambler, PA 19002-4920E-mail: [email protected]

All applications will be screened by EllenFreedman (known best as law practice

management coordinator for the PA BarAssociation), and will be held in

strictest confidence.

Dec. 9, 16, 23

17


ATTORNEY WANTEDProminent Pennsylvania and New Jersey law firm,

with offices in Bethlehem and Phillipsburg, seeks an as-sociate with at least three (3) years experience to workin its litigation and real estate departments at both loca-tions. Candidate should possess excellent writing skillsand licensed in both Pennsylvania and New Jersey. Ex-perience in both real estate (litigation and transactional)and general litigation preferred. We offer a highly com-petitive salary and benefits in a fast paced, collegial en-vironment.

Interested applicants should submit detailed resume,writing samples, salary requirements, and a list of refer-ences to Florio & Perrucci, LLC, ATTN: Daniel Tabs, Es-quire, 235 Frost Avenue, Phillipsburg, New Jersey 08865.

Dec. 2, 9, 16, 23

18


19


NORTHAMPTON COUNTY REPORTER DIGEST—2004-12RECENT DECISIONS OF THE COURTS OF COMMON PLEAS

OF NORTHAMPTON COUNTY

WILLIAM BONILLA v. BETHLEHEM AREA SCHOOL DISTRICT,LIBERTY HIGH SCHOOL AND TIM MONCMAN

Motion for Judgment on the Pleadings

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C0048-CV2002-5214.

Order of Court entered granting Defendants’ Motion for Judgment on the Plead-ings.

Gregory L. Schell, Esquire for Plaintiff.

Dennis P. Herbert, Esquire for Defendants.

Decision of Court entered March 15, 2004 by William F. Moran, Judge.

DESCRIPTION OF DECISION

The Defendants raised the defense of immunity pursuant to the Political SubdivisionTort Claims Act. The Plaintiff characterized the suit as sounding on the “state createddanger” theory of liability rather than in negligence.

The Court granted the Defendants’ motion because the state created danger alleg-edly asserted by the Plaintiffs is a theory under a federal civil rights cause of action,which the Plaintiffs did not plead. The Plaintiff likewise did not plead his cause ofaction to fit within one of the enumerated exceptions to governmental immunity.

CHRIS NEFF v. JEFFREY P. GOBER D/B/A JPG CONSTRUCTION, ANDHANNABERY ELECTRIC, INC. D/B/A HANNABERY HVAC

Motion for Summary Judgment

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C0048-CV-2001-9153.

Order of Court denying Motion for Summary Judgment.

Mark K. Altemose, Esquire for Plaintiff.

Kent Herman, Esquire and Steven T. Williams, Esquire for Blue Valley Builders,Inc. and Jeffrey Gober.

Joanne Kelhart, Esquire for Four K Contracting.

Sherry Horrowitz, Esquire for Hannabery Electric, Inc.

Order of Court entered August 19, 2004 by William F. Moran, Judge.


An electrician fell through an unguarded hole on the second floor of a single familyhouse while under construction. One subcontractor moved for summary judgment ar-guing that it did not cut the hole in the floor, and did not have any employees on-sitenear the time of the accident. The subcontractor that cut the hole in the floor arguedthat the other subcontractor may have used the hole as an access point, and that if oneof its employees had used the hole last, he would have covered the hole. The Courtdetermined that resolution of this factual issue precluded granting summary judgment.

20


TOWNSHIP OF BUSHKILL v. JAMES R. LILLY AND BARBARA J. LILLYEnforcement of Municipal Ordinance


Decision of Court finding Defendants violated the ordinance.

Gary N. Asteak, Esquire for Plaintiff.

Brian M. Monahan, Esquire for Defendant.

Decision of Court entered March 18, 2004 by William F. Moran, Judge.


The Township filed an action in equity to enforce its municipal ordinance. Evidencewas presented that the landowners allowed their property to persist in a disorderlyfashion more befitting a junk yard than a farm. The Court found that the condition ofthe property violated the Ordinance and thereby created a public nuisance. Further, theRight to Farm Act did not preclude the Township from enforcing its Ordinance wherethe Township was protecting public health, safety, and welfare.

COMMONWEALTH OF PENNSYLVANIA v. MARCUS A. ROJASOmnibus Pretrial Motion—Motion to Suppress

In the Court of Common Pleas of Northampton County, Pennsylvania, CriminalDivision—Law, No. C0048-CR-3567-2003.

Opinion of the Court granting Defendant’s Motion to Suppress.

John L. Obrecht, Esquire for Commonwealth.

Dwight L. Danser, Esquire for Defendant.

Order of Court entered July 8, 2004 by William F. Moran, Judge.


The criminal defendant filed an Omnibus Pretrial Motion seeking to suppress evidencecollected as a result of the Police’s warrantless search of the vehicle. During a lawfulmotor vehicle stop, the Defendant admitted that he had a gun inside the vehicle. ThePolice had the occupants exit the vehicle and conducted pat-down searches of them.They did not uncover any weapons from the pat-down searches. Next, the officersconducted a warrantless search of the vehicle that turned up an unregistered handgun.

The Court suppressed the evidence as guided by the decision in Com. v. Perry, 798A.2d 697 (Pa. 2002). A warrantless search of a vehicle in Pennsylvania requires theexistence of probable cause and exigent circumstances. In a fact-based analysis, theCourt concluded that the mere presence of a gun, without more, does not give rise toprobable cause nor exigent circumstances.

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL PISKANINApplication to Dismiss—Habeas Corpus—Criminal Mischief

In the Court of Common Pleas of Northampton County, Pennsylvania, CriminalDivision—Law, No. C0048-CR-2004-0828.

Order of Court denying Defendant’s Petition.

Roy Manwaring, Esquire for Commonwealth.

Michael Piskanin, Pro Se.

Order of Court entered April 20, 2004 by William F. Moran, Judge.

21



The criminal Defendant filed an Application to Dismiss—Habeas Corpus, arguing thatthe Commonwealth failed to present sufficient evidence to charge the Defendant withCriminal Mischief.

The evidence presented at the Hearing indicated that the Defendant, rented a hotelroom for several months, and that when he vacated it, it was severely damaged. No oneobserved the Defendant nor its other occupants damage the room.

The Court held that the evidence was sufficient to allow the prosecution. The cir-cumstantial evidence tended to show that bad blood existed between the hotel manage-ment and the Defendant, and that Defendant committed the vandalism to the room.Further, the damage to the room was so substantial that the Court could infer the requi-site intention to destroy the property.

CHASE MORTGAGE COMPANY v. STEPHEN P. TURNER ANDTIFFANY M. O’NEIL A/K/A TIFFANY M. TURNER

Motion for Summary Judgment


Order of Court granting Motion for Summary Judgment.

Jenine R. Davey, Esquire for Plaintiff.

William P. Coffin, Esquire for Defendants.

Order of Court entered March 25, 2004 by William F. Moran, Judge.


Mortgagors in a mortgage foreclosure action argued that the Mortgagee failed to com-ply with the Homeowner’s Emergency Mortgage Assistance Act of 1983 also knownas “Act 91.” This argument had been previously rejected by denying preliminary ob-jections. The Court was not precluded from addressing the same issue in summaryjudgment by the coordinate jurisdiction rule. However, as there had not been any addi-tional evidence presented in the facts from preliminary objections to summary judg-ment, the same result was reached. The Court also held that an award of attorney’s feesof up to 10 percent of the mortgage was not per se unreasonable.

WOODROW J. HARTZELL, ADMIN. OF THE ESTATE OF JOANNE R.HARTZELL v. EASTON HOSPITAL, MICHAEL FELDMAN, ANESTHESIA

ASSOCIATES OF EASTON, P.C., CHAND ROHATGI, M.D., MIRIAM M.SHUSTIK, M.D., OFER J. SHUSTIK, M.D., AND

PALMER FAMILY PRACTICEMotion for Summary Judgment


Order of Court entered granting Motion for Summary Judgment.

Theodore J. Caldwell, Esquire for Plaintiffs.

Howard S. Stevens, Esquire, John R. Hill, Esquire, Timothy Towles Stevens, Es-quire, and Joseph Kelly, Esquire for Defendant Easton Hospital.

Frederick J. Stellato Esquire and Beverly J. Donecker, Esquire for Defendant An-esthesia Assoc.

22


David Andrew Williams, Esquire for Defendant Rohatgi Chand.

George M. Nace, III, Esquire and Tara Figore Reid, Esquire for Defendants MiriamShustik, Ofer Shustik and Palmer Family Practice.



When none of the parties has produced an expert report critical of a doctor’s care in amedical malpractice case, it is proper to grant summary judgment to the non-criticizeddoctor. This is the case, despite argument from counsel from another doctor that hemay offer testimony that may be construed as critical of the doctor that has alreadybeen granted summary judgment.

DANE C. BRAGG AND DONNA BRAGG v. ANDREW REINHOLZAND HILLARY DOWLING

Preliminary Objections

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. 2003-C-5897.

Order of Court entered granting denying Preliminary Objections and Demurrer;granting Motion to Strike vague allegations.

Theodore R. Lewis, Esquire for Plaintiffs.

James A. Bartholemew, Esquire for Defendants.



The Plaintiff, a former member of the clergy of the Episcopal Church, sued the Defen-dants who are alleged to have made defamatory statements about him. The defamatorystatements were made as part of a church disciplinary proceeding that resulted in hav-ing the Plaintiff defrocked.

The Defendants argued that the Court did not have jurisdiction to hear the casebecause of the doctrine of deference. The doctrine does not create a blanket rule thatprohibits courts from resolving all church disputes, however, civil courts will not inter-vene where only issues of ecclesiastical law are at issue. The Court held that it coulddetermine whether defamatory statements had been made without reference to ecclesi-astical law. Further, the Court held that the Defendants were not entitled to a demurrerbased on conditional privilege. Although the al legedly defamatory statements occurredduring a church disciplinary proceeding, privilege is an affirmative defense and mustbe pleaded in a New Matter.

23


THOMAS W. UNGER, PLAINTIFF v. CORNERSTONETECHNOLOGIES, LLC, DEFENDANT

CORNERSTONE TECHNOLOGIES, LLC PLAINTIFF v.BRUCE E. CONRAD, DEFENDANT

CORNERSTONE TECHNOLOGIES, LLC, PLAINTIFF v.BRUCE E. CONRAD AND THOMAS W. UNGER, DEFENDANTS

THOMAS W. UNGER, PLAINTIFF, v. CORNERSTONETECHNOLOGIES, LLC, DEFENDANT

CORNERSTONE TECHNOLOGIES, LLC, ARASTRA, LLC, KOREHOLDINGS, LLC AND PETER A. KANJORSKI, PLAINTIFFS v.

BRUCE E. CONRAD, DEFENDANTMotion for Sanction—Motion for Protective Order

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C0048-CV-2002-918, 2002-7474, 2002-7575, 2003-1282, 2003-3179.

Order of Court entered denying Motion for Sanctions, denying discovery.Douglas M. Marinos, Esquire for Unger.Richard A. Breuer, Esquire for Cornerstone.Bruce Conrad, Pro Se.Order of Court entered May 14, 2004 by William F. Moran, Judge.

DESCRIPTION OF DECISIONIn a discovery dispute, Cornerstone Technologies alleged that its former employeesmade unauthorized disclosures of Cornerstone’s trade secrets. A former employee soughtdiscovery related to the lawsuit, and Cornerstone requested that any discovery ob-tained be reviewed only by independent experts. Because there was not a likelihoodthat confidential information would be disclosed to competitors, it was sufficient pro-tection to require the party receiving the discovery to use it only within the confines ofthe lawsuit.

EUGENE TRIGIANI v. ROSETO ROD & GUN CLUB, INC.Preliminary Objections—Demurrer—Speaking Demurrer


Order of Court sustaining Preliminary Objections to the Preliminary Objections onthe grounds of an improper speaking demurrer. Overruling Preliminary Objections,Denying Deft.’s request for a demurrer.

Anthony J. Martino, Esquire for Plaintiff.

Raymond J. DeRaymond, Esquire for Defendant.

Order of Court entered June 22, 2004 by William F. Moran, Judge.


The Defendant improperly added facts not of record in support of its demurrer. A de-fendant may not attach documents outside of the complaint to supplement the record insupport of its demurrer. The Defendant argued that the Court may not rule on whethera non-profit corporation acted properly when it removed a member. The Court heldthat it may not inquire into the reasons that the club terminated the Plaintiff’s member-ship, but that it may inquire into whether the club followed the proper procedures forexpelling its member as set forth in the bylaws.

24


STEPHEN M. BARTH v. KATHLEEN M. BARTHChild Custody

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C0048CV2003-0101.

Decision of Court entered.

Nancy Wallitsch, Esquire for Plaintiff.

Anthony Muir, Esquire for Defendant.

Order of Court entered May 17, 2004 by William F. Moran, Judge.


Custody decision weighing the best interests of the children after a full hearing whereboth parties offered testimony.

FAIRFIELD MANAGEMENT CORP. v. DEL CIOTTO ARCHITECTS, INC.AND THE AMERICAN ARBITRATION ASSOC.

Preliminary Objections and Motion for Bonding


Order of Court entered sustaining Preliminary Objections, granting Motion forBonding.

Leonard N. Zito, Esquire and Alyssa A. Lopiano-Reilly, Esquire for Plaintiff.

Robert A. Alston, Esquire for Defendant Del Ciotto.

No atty. for AAA.

Order of Court entered January 27, 2004 by William F. Moran, Judge.


By prior Order of Court, the arbitration in this matter had been stayed. The Defendantsbrought a motion to require the Plaintiff to post a bond as a result of the arbitrationhaving been stayed pursuant to Civil Rule of Procedure 1531. The Court held thatbonding is mandatory whenever a stay or injunction is issued pursuant to Rule 1531.The amount of the bond is not set to recompense for all damages, therefore a bond forthe amount of attorney’s fees is appropriate.

The express language unambiguously provides for an agreement to arbitrate, evenafter mediation has proven unsuccessful. Therefore, the preliminary objection on theagreement to arbitrate is sustained.

The Court granted the Preliminary Objections based on the lack of specificity inthe Complaint. The Complaint did not distinguish between tort and contract theory.Likewise, it did not specify the roles the named defendants played within the namedcorporate defendant. The Court also granted a demurrer to the Unfair Trade PracticesAct because the Plaintiff failed to allege which theory of liability under the Act that itwished to pursue.

25


CITY OF EASTON v. RUSSELL RUSSOExceptions to Sheriff’s Schedule of Distribution

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. 1998-ML-790.

Order of Court denying exceptions to Sheriff’s Schedule of Distribution.

Robert P. Daday, Esquire for Plaintiff.

Dawn M. Schmidt, Esquire for Defendant.

B. Lincoln Treadwell, Esquire for Respondent Northampton County.



The City argued that because it filed the Writ of Execution, that it was entitled topriority payment pursuant to the Municipal Claims and Tax Lien Act. The Sheriff gavepriority to the County’s tax claim lien and gave the municipal claim secondary priority.The Court held that the County’s tax claim lien was superior but that the City wasentitled to repayment for the cost of the issuance of the writ.

KEVIN K. CORRELL AND JOAN L. CORRELL, HIS WIFE,INDIVIDUALLY AND T/A APPLE BLOSSOM VILLAGE, A/K/A APPLEBLOSSOM ACRES, APPELLANTS v. ZONING HEARING BOARD OFUPPER MT. BETHEL TOWNSHIP, APPELLEE AND UPPER MOUNT

BETHEL TOWNSHIP, INTERVENORPetition for Additional Legal Fees and Additional Costs and Post-Judgment Interest


Order of Court granting Post-Judgment Interest, DENYING Additional Legal Feesand Additional Costs.

Ralph Bellafatto, Esquire for Plaintiffs.

Henry S. Perkin, Esquire for Defendant.

Ronold Karasek, Esquire for Intervenor.



The Township received costs and attorney’s fees in connection with a Zoning Enforce-ment award in 2000. Three years later the Trial Court and the Commonwealth Courtapproved the amount of the award. After this Court approved the amount of the costand fees, but before the Commonwealth Court’s decision, the Township filed a Petitionfor Additional Fees and Costs. The Trial Court held that it could not determine whetherthe additional fees were reasonable without a hearing, but because of the Township’sdelay in filing the petition during the three years when additional fees were accruing.

26


MICHAEL F. SCHWEITZER AND LYNN M. SCHWEITZER v.LOWER MOUNT BETHEL TOWNSHIP

Summary Judgment


Decree Nisi entered granting summary judgment.

Christopher Spadoni, Esquire for Plaintiffs.

Gary N. Asteak, for Defendant.



The Township did not produce any evidence that a material fact existed. After theCourt dismissed the preliminary objections, the only action taken by the Township wasto join additional defendants for contribution. However, as to the Plaintiffs, the Town-ship was responsible for building the improvements within the subdivision.

SYLVIA McINERNEY AND SHAWN McINERNEY, PLAINTIFFS, v.STEPHEN T. DeLADE AND BARBARA R. DeLADE, DEFENDANTS,

GLENN DEWALT D/B/A DEWALT FLOOR COVERINGS, ADDITIONALDEFENDANTS, CONGOLEUM CORP., ADDITIONAL DEFENDANTS

Motions in Limine


Order of Court entered granting in part and denying Motion for Summary Judg-ment.

Michael W. Clinton, Esquire for Plaintiffs.

Edward J. McKarski, Esquire for Defendants DeLade.

Robertson B. Taylor, Esquire for Additional Defendant Dewalt.

John R. Lenahan, Jr., Esquire and David E. Heisler, Esquire for Additional Defen-dant Congoleum Corp.

Order of Court entered January 27, 2004 by William F. Moran, Judge.


Plaintiffs intended to offer the testimony of an expert at trial. Defendants argued thatthe matters to which the expert intends to testify is within the ken of lay jurors. TheCourt held that the conditions of the flooring at the time of the accident required experttestimony and therefore the Plaintiffs could call their witness.

MICHAEL F. SCHWEITZER AND LYNN M. SCHWEITZER v.LOWER MOUNT BETHEL TOWNSHIP



Order of Court entered denying Preliminary Objections.

Gary Asteak, Esquire and Christopher Shipman, Esquire for Plaintiffs.

Christopher T. Spadoni, Esquire for Defendant.

Order of Court entered September 22, 2003 by William F. Moran, Judge.

27



Homeowners have a valid claim against the municipality directing that it build theimprovements in the subdivision that it recklessly approved without guaranteeingcompletion for the improvement. The former and present owners of the subdivision arenot indispensable parties to the lawsuit.

RITA KRESGE v. JACK BURK, JR. AND LEHIGH AND NORTHAMPTONTRANSPORTATION AUTHORITY (LANTA)



Order of Court entered overruling and granting preliminary objections in part.

Edward Shaughnessy, Esquire for Plaintiff.

Richard L. Orwig, Esquire for Defendants.



Defendant objected because the Plaintiff failed to allege that the Defendants were alocal agency entitled to immunity under the tort claims act in a negligence lawsuit. TheCourt held that immunity is an affirmative defense and that the Plaintiff does not needto allege it.

The Motor Vehicle exception did not bar the claims in this case because failing tokeep a proper lookout and failure to give a proper warning were “operation” of a ve-hicle within the meaning of the Tort Claims Act.

The Tort Claims Act specifies what types of damages are recoverable. Pain andSuffering are not damages for which a Plaintiff is entitled relief under the statute andtherefore should be stricken.

ESHBACH BROTHERS, INC., PLAINTIFF v. NORTHWESTERN HUMANSERVICES, INC., T/B/A NORTHWESTERN HUMAN SERVICESCORPORATION AND CONTRACTING SYSTEMS, INC., T/B/A

CONTRACTING SYSTEMS, INC., CSI, DEFENDANTSMotion for Summary Judgment

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C0048-CV-2002-C-4584.

Order of Court entered granting Motion for Summary Judgment.

Bruce Castor, Esquire for Plaintiff.

Jason Hopp, Esquire for Defendant Northwestern Human Services.

Robert Bodzin, Esquire for Defendant Contracting Systems Inc.



Subcontractor filed lawsuit against the Owner for breach of contract and quantummeruit. The Court granted summary judgment to the Owner. The Court construed thecontract language between the parties and concluded that the term “construction man-ager” as used in the standard form construction contract did not provide the subcon-tract with any basis to sue the Owner for breach of the general contractor’s contractualduties.

28


Further, the quantum meruit claim failed because the subcontractor failed to meetthe requirements set forth in D.A. Hill, 573 A.2d 1005 (Pa. 1995). To wit, the subcon-tractor had not proved that the work performed on the property increased the property’svalue nor can the subcontractor prove that the Owner’s retention of the benefit wouldbe unjust.

KEVIN M. MORROW (OPERATOR’S NO. 24617763) v.COMMONWEALTH OF PENNSYLVANIA, DEP’T OF TRANSPORTATION,

BUREAU OF DRIVER LICENSINGLicense Suspension Appeal


Order of Court entered denying License Suspension Appeal.

John Karoly, Esquire for Plaintiff.

Robert J. Kopacz, for Defendant.



Driver argued that the notice of suspension was defective because it did not specify thethree convictions for which Driver was having his license suspended. The Court reliedon Fetty v. Com., Dept. of Transportation, Bureau of Driver Licensing, 794 A.2d 236(Pa. Commw. 2001) to find that the notice adequately put the Driver on notice of hisstatus as being a habitual offender.

ERIE INSURANCE EXCHANGE v. THOMAS A. CROWTHER,PHYLLIS L. JONES, AND CLYDE R. JONES

Motion for Summary Judgment—Declaratory Judgment


Order of Court entered granting summary judgment to the Insured.

Alan S. Battisti, Esquire for Plaintiff.

Harold DeWalt, Esquire for Defendants.



The Court found the term “driver” as used in the insurance policy to be an ambiguousterm based upon the facts of the case. Thus, the Insured was entitled to stacked unin-sured motorist coverage. The doctrine of the reasonable expectation of the insured didnot apply because resolution of the reasonable expectations requires a factual findinginappropriate for summary judgment. In finding the term ambiguous, the Court exam-ined the policy and declarations page.

ALEXANDER J. TARAPCHAK v. STEPHANIE A. TARAPCHAKPetition To Enforce Letter Agreement—Divorce

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. 1999-1238.

Order of Court entered enforcing the letter agreement between the parties.

Donald Spry, Esquire for Plaintiff.

29


Stephanie A. Tarapchak, Pro Se.



Counsel for Husband and Wife entered into a letter agreement purporting to settle themarital disputes between the parties. Wife later objected on the basis that her formerattorney acted beyond the scope of his authority by signing the letter agreement. TheCourt held that such agreements are enforceable as discussed in Springer v. Springer,386 A.2d 122 (Pa. Super. 1978) and that Wife did not overcome the presumption thatwhat an attorney does in the course of his business is presumed to be by the authorityof his client.

ALEXANDER J. TARAPCHAK v. STEPHANIE A. TARAPCHAKAttorney Client Privilege—Divorce


Order of Court entered enforcing the letter agreement between the parties.

Donald Spry, Esquire for Plaintiff.

Stephanie A. Tarapchak, Pro Se.



Wife waived her attorney client privilege with respect to the authority she gave herformer counsel to enter into a binding letter agreement, such that opposing counselmay depose Wife’s former counsel.

ESTATE OF CLEMENS C. SUTINEN, DECEASEDMotion To Transfer Criminal Case to the Juvenile Division

In the Court of Common Pleas of Northampton County, Pennsylvania, Orphans’Court Division No. 2002-1194.

Order of Court entered denying Petition to Probate will after statutory period ex-pired.

Stephen M. Long, Esquire for the Estate.

Order of Court entered July 28, 2004 by William F. Moran, Judge.


The Estate of the Deceased and the Executor petitioned the Court to probate a later willseveral years after an earlier dated will had already been probated. The Register ofWills refused to admit the will to probate. The trial court upheld the decision of theRegister of Wills based on the expiration of the statutory time limit for probating a laterwill. 20 Pa.C.S. §§908, 3138.

STEVEN A. KLASS, PLAINTIFF v. WILSON AREA SCHOOL BOARD ANDJUDI SAXE, INDIVIDUALLY AND JOINTLY, DEFENDANTS

Governmental Immunity


Order of Court entered sustaining Defendant’s Preliminary Objections to Plaintiff’sComplaint.

30


John R. Vivian, Jr., Esquire for Plaintiff.

John E. Freund, III, Esquire for Defendant Wilson Area School Board.

Joanne Kelhart, Esquire for Defendant Saxe.

Order of Court entered on August 20, 2004 by Leonard N. Zito, Judge.


Defendant, School District, filed preliminary objections to Plaintiff’s Complaint con-tending that, as a local agency, it has immunity under the Pennsylvania Tort ClaimsAct, 42 Pa. C.S.A. §8541 against Plaintiff’s invasion of privacy tort claims. The Courtheld that the exceptions to immunity under 42 Pa. C.S.A. §§8542 and 8550 did notapply to Plaintiff’s invasion of privacy claims.

MUSCHLITZ EXCAVATING, INC., PLAINTIFF v. EASTON AREA SCHOOLDISTRICT, DEFENDANT v. THE ARM GROUP, INC., AND THE RAY

GROUP, INC., ADDITIONAL DEFENDANTSFailure to Obey Court Order—Professional Liability—Certificate of Merit—Specific-ity of Complaint


Order of Court entered sustaining Additional Defendants’ Preliminary Objectionsto Defendant’s Amended Joinder Complaint and dismissing with prejudice.

John P. Karoly, Jr., Esquire for Plaintiff.

Theodore A. Adler, Esquire for Defendant Easton Area School District.

Elizabeth A. Hunter, Esquire for Additional Defendant The Arm Group, Inc.

Thomas McLaughlin, Esquire and Gregory J. Kelley, Esquire for Additional De-fendant The Ray Group, Inc.

Order of Court entered on September 20, 2004 by Leonard N. Zito, Judge.


Additional Defendants, the architect and geologist in a school construction project,filed preliminary objections to Defendant school district’s second joinder complaint.The Court agreed with Additional Defendants that second joinder complaint unjustifi-ably violated a court order and suffered same flaws as first complaint, including failureto file a certificate of merit as Pa. R.C.P. 1042.3 requires for professional liabilityclaims and lacking the specificity in allegations required by Pa. R.C.P. 1019(a). TheCourt sustained the preliminary objections and dismissed with prejudice.

AMERICAN EXPRESS TRAVEL RELATED SERVICES, INC., PLAINTIFFv. RICK KEENHOLD, DEFENDANT

Contracts—Civil Procedure

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Divi-sion—Law, No. C-0047-CV-2004002704.

Order of Court entered finding Plaintiff complied with Pa. R.C.P. 1019.

Frederic I. Weinberg, Esquire for Plaintiff.

Stephen G. Bresset, Esquire for Defendant.

Order of Court entered on September 3, 2004 by Leonard N. Zito, Judge.

31



Ruling on Defendant’s Preliminary Objections to Plaintiff’s Amended Complaint, theCourt held Plaintiff complied with Pa. R.C.P. 1019, providing Defendant notice of thespecific facts upon which Plaintiff bases its claim and reasonably informing the Defen-dant that he must defend against contractual claims that were based upon a writingattached to the Amended Complaint.

LYDIA P. BULTER, ADMINISTRATOR OF THE ESTATE OF MARTHA V.MILLER, DECEASED v. OLD ORCHARD HEALTH CARE CENTER, INC.

Asylum Liability—Corporate Negligence—Specificity of Complaint


Order of Court entered denying Defendant’s Preliminary Objections to Plaintiff’sComplaint.

Stephen Mowrey, Esquire for Plaintiff.

Zara Dzhavakov, Esquire for Defendant.

Order of Court entered on August 8, 2004 by Leonard N. Zito, Judge.


Defendant filed preliminary objections to Plaintiff’s Complaint contending that nurs-ing homes cannot be sued directly for their negligence except on a vicarious liabilitytheory and that Plaintiff’s Complaint lacked the specificity required by Pa. R.C.P.1019(a). The Court held that the Commonwealth recognizes direct negligence actionsagainst nursing and personal care homes and Plaintiff’s Complaint satisfied Pa. R.C.P.1019(a) by placing Defendant on fair notice of Plaintiff’s claims and alleged materialfacts.

32


Northampton County Bar AssociationNotification of Change Form

To assist the NCBA Staff in maintaining up-to-dateinformation on all attorneys and subscribers of the Re-porter, would you please complete the form below andreturn it to the NCBA Office whenever you have a changeand/or addition to your address, telephone number, faxnumber or e-mail address. Return to: NorthamptonCounty Bar Association, 155 South Ninth Street, Easton,PA 18042-4399, FAX: (610) 258-8715.

Please change the following:

NAME ______________________________________________

ADDRESS __________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

TELEPHONE ________________ FAX __________________

E-MAIL _____________________________________________

north n 53_102.pdf · estate of the decedents set forth ... martino and karasek, 641 market street,...

Documents