vol. lvi allentown, pa friday, october 16, 2015 no....

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Vol. LVI Allentown, PA Friday, October 16, 2015 No. 68

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THE COURTThe Hon. Edward D. Reibman, President Judge

The Hon. Carol K. McGinley, Judge The Hon. William E. Ford, Judge

The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge

The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge

The Hon. Michele A. Varricchio, JudgeThe Hon. Douglas G. Reichley, Judge

The Hon. Lawrence J. Brenner, Senior Judge The Hon. Alan M. Black, Senior Judge

LEHIGH LAW JOURNAL (USPS 309560)

Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY

1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org

ZACHARY J. COHEN, President HON. WILLIAM H. PLATT, President-Elect

PATRICK J. REILLY, Vice President MICHELLE M. FORSELL, Secretary

SARAH M. JOLLY, Treasurer SUSAN G. MAURER, Historian

THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director

SARAH MUSSEL, Case Editor Copyright © 2015 Bar Association of Lehigh County

The Lehigh Law Journal is published every Friday. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Journal nor the printer will assume any respon-sibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content.

The Law Journal makes no representation as to the quality of services offered by any advertiser in this publication.

Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102, before 12 noon the preceding Tuesday. Telephone (610) 433-6204. Advance issues $100.00 per year. Single copies $2.00. Payment of annual dues to the Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law Journal.

Printed at 206 S. Keystone Ave., Sayre PA 18840Periodical postage paid at Allentown, PA 18102 and

at additional mailing offices.

POSTMASTER: Send address changes to The Lehigh Law Journal, 1114 W. Walnut St., Allentown, PA 18102.

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ClassicalElegance

1114 W Walnut StreetAllentown | 610-433-6088 ext.12

www.thebarristersclub.com

A gracious facility for your social and business events....

weddings banquets parties exclusively partnered caterers

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ATTORNEY DISCIPLINARY / ETHICS MATTERSRepresentation, consultation and expert testimony in disciplinary

matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct

James C. Schwartzman, Esq.Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,

Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former

Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”

1818 Market Street, 29th Floor, Philadelphia, PA 19103

(215) 751-2863

Paralegal Studies Approved by the American Bar Association•ParalegalStudiesA.A.S.DegreeandCertificate• Affordable tuition• Transfer agreement with Kutztown University•Freejobplacementassistanceforlawfirms, governmentagenciesandotherapplicable employers

Start Here | Go Anywhere www.lccc.edu/paralegal

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The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty

O’Keefe, Miller & Thielen, P.C. is proud to announce its new satellite office located at 1042 Walnut Street, Allentown, PA 18102. We look forward to better serving our clients’ legal needs in Berks County and the Lehigh Valley. As we expand into the Allentown area, we would be honored to accept referrals from friends and associates in the practice areas of family law, criminal law, estates and estate planning.

22 E. Main Street, Fleetwood, PA 19522

Phone: (610) 944-1959

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LAW CLERK POSITION LEHIGH COUNTY

Position Description: The Law Clerk will serve Judge J. Brian Johnson in Civil and Family matters in Lehigh County. He or she will assist the judge in legal research, writing opin-ions and court orders. The Law Clerk will also conduct re-search and review pleadings and documents to prepare the judge for conferences, hearings and trials, attend hearings, trials and conferences, and provide general support and as-sistance to the judge. Candidate should be well organized, detail oriented, capable of independent work and capable of working well with others. Strong legal writing and research skills required. Please send a cover letter, resume and a writ-ing sample (non-criminal preferred) to Judge J. Brian John-son, Lehigh County Courthouse, 455 W. Hamilton Street, Allentown, PA 18101 by November 6, 2015.

This is a full-time position with benefits. Starting salary for Attorney I, grade 24, is $59,842 annually.

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Commonwealth vs. Aron628

Lehigh 7-17 op

COMMONWEALTH OF PENNSYLVANIA vs. ALEXANDER ANTONIO ARON, DEFENDANT

Motion to Suppress Evidence—Probable Cause to Arrest—Reasonable Suspicion—Prima Facie Case—Motion to Amend Criminal Information—Addition of Criminal

Charge to Information—Same Factual Situation.

1. Court denied defendant’s Motion to Suppress Evidence, and determined police had probable cause to arrest defendant for public drunkenness and violation of city ordi-nance, where police had reasonable suspicion to approach defendant because he matched description of robbery suspect, but upon approach observed defendant in an intoxicated state with an open container of alcohol in the street. Moreover, Commonwealth presented prima facie case on each offense, including resisting arrest, disorderly conduct, public drunkenness and violation of ordinance prohibiting open containers.

2. Court granted Commonwealth’s Motion to Amend Criminal Information to add a charge of simple assault where defendant allegedly kicked police officer during incident giving rise to resisting arrest and other charges, because simple assault charge arose from the same factual situation.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Criminal Division. No. CP-39-CR-965-2015. Common-wealth of Pennsylvania vs. Alexander Antonio Aron, Defendant.

Jared J. Hanna, esquire, assistant district attorney, on behalf of the Commonwealth.

eric K. dowdle, esquire, on behalf of the defendant.

Ford, J., June 30, 2015. Defendant, Alexander Antonio Aron, is charged with the misdemeanor offenses of resisting arrest, 18 Pa. C.S. §5104, and disorderly conduct, 18 Pa. C.S. §5503(a)(4), and the summary offenses of public drunkenness, 18 Pa. C.S. §5505, and consumption of alcohol on streets and sidewalks, Allentown Ordinance, Article 741.08. All of these charges stem from an inci-dent that occurred on October 27, 2014.

On May 7, 2015, the court conducted a hearing on defendant’s discovery motions and on defendant’s omnibus pretrial motion. The latter motion was filed on April 30, 2015. At the hearing, de-fense counsel indicated that the parties had reached an agreement on discovery so defendant’s discovery motions are withdrawn. The parties agreed that the court, in deciding defendant’s omnibus pretrial motion, should consider only the transcript from defen-dant’s preliminary hearing conducted on February 20, 2015. The

Commonwealth vs. Aron

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Commonwealth vs. Aron 629

Lehigh 7-17 op

transcript of the preliminary hearing is Commonwealth Exhibit 1. Also, the district attorney made an oral motion to add to the infor-mation a count of simple assault, 18 Pa. C.S. §2701(a)(1), alleg-edly committed during the same incident on October 27, 2014. After reviewing the evidence (the transcript found at C-1), I con-clude that the Commonwealth may amend the information to add a count of simple assault. Also, there is prima facie evidence that defendant committed the crimes charged. Finally, there is no merit to defendant’s suppression motion. Therefore, defendant’s omnibus pretrial motion is denied.

FINDINgS OF FACT

1. On October 27, 2014, Officer Andrew Holveck, a three-year veteran of the Allentown Police Department, was working the middle shift (3:00 p.m. to 11:00 p.m.) as a patrolman. The officer received a radio dispatch reporting the robbery of a pedestrian near the intersection of Fourth and Tilghman Streets in Allentown. The dispatch described two suspects, an African-American male and a Hispanic male. Both suspects were described as being in their twenties and both were wearing blue hooded sweatshirts and dark colored jeans. Office Holveck, who was at police headquarters when he received the dispatch, immediately responded and drove in his marked police vehicle north on Fourth Street with lights and sirens activated.

2. Near the intersection of Fourth and Liberty Streets, two city blocks from the robbery site, Officer Holveck observed an African-American male wearing a blue hooded sweatshirt and blue pants walking on Fourth Street. This individual was later identified as defendant. Defendant was born on August 4, 1992, so he was twenty-two years old on the date in question. Officer Holveck believed defendant matched the description of one of the robbery suspects and he knew defendant was near the place of the robbery. Officer Holveck parked his police vehicle and approached defen-dant on foot.

3. When he approached, Officer Holveck observed that de-fendant was holding an open 22-ounce can of Smirnoff Ice. De-fendant smelled of alcohol and had bloodshot eyes. Officer Holveck

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Lehigh 7-17 op

asked defendant where he was going and if he was involved in the robbery that had just taken place in that area. Defendant cursed and yelled at the officer and accused him of harassing him. The officer asked defendant for his identification. Defendant told the officer that his identification was inside his residence at 502 North Fourth Street. This residence was almost directly in front of where the defendant and the officer were standing. The officer allowed defendant to walk into the residence to retrieve the identification.

4. Defendant ascended the steps to the front porch of 502 North Fourth Street and entered the residence. As he did this, he continued to curse loudly at the officer. Defendant’s mother was present on the porch and was telling defendant to cooperate. De-fendant came out of the house and provided a school identification to the officer. The officer asked defendant for his date of birth. Defendant refused to provide it and told the officer to “Fuck off.” Officer Holveck considered defendant to be “delirious” based on all of these observations. At this point, Officer Holveck informed defendant that he was under arrest for public drunkenness and possession of an open container of alcohol in public. Defendant continued to yell and curse at the officer. Among other things, defendant yelled “get the fuck away from us,” “get off this porch” and “You don’t have a warrant.”

5. Officer Holveck grabbed defendant’s arm to place hand-cuffs on him. Defendant flailed his arms and kicked his legs to prevent handcuffing. By this time, Officers Alexander Boehm, Anthony Bowland and Jason Ammary were on site and they as-sisted Officer Holveck in subduing defendant. One of the officers applied a taser to defendant. Defendant kicked Officer Boehm in the face causing redness to his nose. Officer Boehm did not seek medical treatment for this injury. Eventually, the officers were able to place defendant in handcuffs and take him into custody.

6. Throughout the incident, defendant’s shouting drew the attention of neighbors and created a dangerous situation for the officers as they were surrounded by a group of fifteen to twenty people. Some people in this crowd were disorderly and police had to repeatedly ask them to disperse. One person in the crowd was taken into police custody.

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Lehigh 7-17 op

DISCuSSION AND CONCLuSIONS OF LAW

Suppression

The defense contends that Officer Holveck lacked probable cause to arrest defendant and that, therefore, all evidence obtained by police after this illegal arrest must be suppressed. This claim lacks merit.

Because defendant matched the description of the robbery suspect and he was near the robbery scene, Officer Holveck had reasonable suspicion to stop defendant and investigate further. When he approached defendant, Officer Holveck observed that he was carrying an open container of Smirnoff Ice in violation of an Allentown ordinance. Defendant smelled of alcohol and had bloodshot eyes. Defendant was shouting and cursing at the officer throughout the incident. The officer considered him to be disor-derly and delirious. Based on these observations, Officer Holveck had probable cause to arrest defendant for public drunkenness and possessing an open container of alcohol in public. Additionally, the officer had probable cause to arrest defendant for disorderly con-duct even though he did not advise defendant he was under arrest for this crime. See Devenpeck v. Alford, 543 u.S. 146, 125 S. Ct. 588 (2004) (holding that evidence of commission of crimes is suf-ficient to justify police action even though the police may not have arrested a defendant for such crimes or advised the defendant that he was being arrested for such crimes). Therefore, all evidence obtained by the officer after this legal arrest is admissible against defendant at trial and defendant’s suppression motion must be denied.

Habeas Corpus

The Commonwealth met its burden of presenting a prima facie case on each offense charged, so the petition for a writ of habeas corpus is denied.

Motion to Amend Information

The Commonwealth seeks leave to amend the criminal in-formation by adding a count of simple assault under 18 Pa. C.S.

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NewsLine _________________ October 16, 2015

FALL MEMBERSHIP DINNER

Members and Guests are cordially invited to attend the Bar Association of Lehigh County Fall Membership Dinner Meeting on Thursday, November 12, 2015. We hope you will join us for a great evening of entertainment and saluting our veterans.

As a way of saying thank you to all BALC Members that have served in the United States Military, this event will be free of charge to those specific members. All BALC Veterans that attend the event will be recognized. Military Uniforms are encouraged but not required.

The Fall Membership Meeting will begin at 5:00 PM and is open to all current members. Cocktails and Hors d’oeuvres will follow at 5:30 PM with dinner starting promptly at 6:15 PM in the Main Ballroom. The program featuring Jessica Buchanan and Erik Landemalm will follow at 7:00 PM.

Jessica Buchanan and Erik Landemalm

Authors of Impossible Odds, a harrowing story of being kidnapped by Somali pirates, Jessica’s rescue by Seal Team Six, and her husband’s extraordinary efforts to help bring her home.

Members & Guests: $45.00

Table of 8: $360

To RSVP: Karen at 610-433- 6204 x 12 or [email protected]

Newsline 2

LEHIGH COUNTY LAWYER’S CHARITABLE FUND GRANT

The Bar Association of Lehigh County (“BALC”) has established a fund with the Lehigh Valley Community Foundation known as the Lehigh County Lawyer’s Charitable Fund. The Fund is made possible by the generosity of our members. On an annual basis, BALC awards grants of up to $5,000.00 each to selected Lehigh Valley 501(c)(3) organizations. Interested Lehigh Valley 501(c)(3) organizations are invited to submit a grant Application to BALC in accordance with the below Application Guidelines. 2015-2016 Theme is “Homeless and Mental Illness”. The committee will make a concerted effort to review applications from area nonprofits that benefit the Lehigh Valley Homeless and/or the needs of those affected by Mental Illness. Please keep this in mind when preparing your application. Application Guidelines To apply for a Lehigh County Lawyer’s Charitable Fund Grant, Applicants must comply with each of the following:

1. Each Applicant must be a 501(c)(3) corporation in good standing, which maintains an active presence in the Lehigh Valley, and provides a product or service which benefits Lehigh Valley communities and/or residents.

2. Download the Application from www.lehighbar.org and required narrative.

3. E-mail the completed Application and the narrative as a single file to the BALC Executive Director, Ray Bridgeman at: [email protected]. In the Subject Line reference: Application for Lehigh County Lawyer’s Charitable Fund Grant. Questions regarding the grant process should be directed to Mr. Bridgeman at (610) 433-6204, ext. 15.

4. Applications must be received by 5 p.m., October 31st. Applications not received by the deadline will not be considered.

Newsline 3 Please note that:

• $5,000 USD is the maximum award (unless special approval is received by the BALC Board of Directors). Smaller grant requests are encouraged.

• The proposed use of Lehigh County Lawyer’s Charitable Funds must provide some clear benefit to the Lehigh Valley as a whole, its communities, and residents in the form of providing needed services, new knowledge, developing or sharing of resources, or good practice in learning, teaching, or assessment, or providing disaster relief.

• Applicants not selected for grants are encouraged to submit an Application the following year.

• Successful Applicants agree to provide to BALC, no later than July 1st of the year in which the grant is awarded, a brief written summary detailing how the Grant was utilized or will be utilized by the end of the calendar year, and authorizing BALC to post the summary on the BALC website.

• Funds from the LCLC Fund Grant may not be used for: o Registration for, travel to, or accommodation at

conferences; o Internal staff training and development (although

this maybe a secondary outcome); and o Fundraising.

Process for Making Awards The BALC Community Services Committee will evaluate the Applications and make recommendations to the BALC Board of Directors on grant recipients. Final Approval will be decided by the BALC Board of Directors. All applications will be considered confidential. Grants will be awarded in January of the year following the Application deadline.

Newsline 4

YOUNG LAWYERS DIVISION

November Happy Hour

November 5, 2015

Allentown Brew Works 812 Hamilton Street,

Allentown, PA

Stay tuned for details of additional upcoming Young

Lawyers Division events!!

YLD events are a great opportunity to meet and network with other

young attorneys.

Guests are welcome!

CLE UPDATE for the week of: October 16, 2015

PBI Group Cast Seminar “Coordinating Clients’ POA, Advanced Directives &

Wills and Trusts so that they Work Together” Thursday, October 22, 2015

Protect your clients by ensuring that their estate documents work together. You will learn how to determine if an older client’s existing documents are compatible while PBI’s panel of experts provides the tools you need to ensure that the documents you draft work well together. Create an estate plan that will adapt to your client’s changing needs.

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 12:15 PM; 3 Substantive Credits

Early tuition: $229.00; Walk-in tuition: $254.00 To Register Call PBI @ 1.800.932.4637

RESERVE YOUR SEAT NOW! - CLE ON WHEELS Friday, December 4, 2015

Destination: New York City, Radio City Music Hall 2015 Radio City Christmas Spectacular

$75.00 for Show Ticket and Bus Fare $90.00 for Show Ticket, Bus Fare and 1 CLE Ethics

Credit

DVD on Bus: “Ethical Obligations of the Attorney Who is Closing a Law Practice”

Itinerary: 9:00 AM: Depart BALC to arrive in N.Y.C. by 11:00AM

1:00 PM Showtime! Ending by 2:30 PM 2:30 PM – 7:00 PM: Free Time 7:00 PM: Departure from N.Y.C

9:00 PM: Arrival at BALC

Get in the Holiday Spirit! See New York City decorated for the Holidays!

Bring Your Friends and Family for a Fabulous Event!

To Register: Call Nancy @ 610.433.6401 Ext: 16 or e-mail: [email protected]

CLE Update 2

PBI Group Cast Seminar “Mastering Medical Records in the 21st Century”

Friday, October 23, 2015

Medicine has entered the digital age with electronic medical records and e-prescriptions. Nevertheless, every time a client visits a health care provider, a record is made – a history of complaints, the physician’s observations, and prescribed treatment. Each record is unique, handwritten in a doctor’s shorthand with abbreviations and codes with no uniformity among offices.

When you need to understand and use medical records in a case, not only must you go through the machinations to retrieve those records in view of HIPAA and other invasion of privacy mandates, but you must also translate their contents, a daunting task hampered by jargon, abbreviations, unfamiliar word usage and various digital formats.

Learn from an award winning teacher! Sam D. Hodge, Jr., is a professor and chair of the Legal Studies Department at Temple University where he teaches both law and anatomy. Sam’s Medicine/Anatomy classes are fun. He brings boundless enthusiasm and unique expertise to his seminars. His interactive presentation will hold you captive, as he takes you into the anatomy lab to better understand the terminology and tests intrinsic to medicine.

Registration and Breakfast: 8:00 AM Seminar: 8:25 AM – 3:30 PM

5 Substantive & 1 Ethics Credits Boxed Lunch included with tuition


PBI Group Cast Seminar “22nd Annual Auto Law Update” Wednesday, October 28, 2015

Be prepared with the best strategies for resolving coverage disputes, managing discovery, and gaining the upper hand in bad faith lawsuits. Get a comprehensive summary of updates and changes that you need to know. Receive a UM/UIM digest in addition to the course manual.

Registration and Boxed Lunch: 11:45 AM Seminar: 12:15 PM – 4:30 PM

3 Substantive & 1 Ethics Credits (Integrated) Early tuition: $249.00; Walk-in tuition: $274.00

To Register Call PBI @ 1.800.932.4637

CLE Update 3

PBI Group Cast Seminar “Deciphering PA Oil and Gas Leases through Litigation, Regulations and Interpretation”

Tuesday, November 3, 2015 The proliferation of lawsuits challenging the extension provisions in oil and gas leases has resulted in a number of precedent-setting cases interpreting the language in oil and gas leases. Discover how courts are construing these leasing provisions and how implementation of Act 152 will impact extension litigation.


3 Substantive & 1 Ethics Credits (Integrated) Early tuition: $249.00; Walk-in tuition: $274.00

To Register Call PBI @ 1.800.932.4637

PBI Group Cast Seminar “Elder Law Update”

Wednesday, November 4, 2015 • Catch up on the year’s highlights; Top 10 case decisions

from the courts; Medicare coverage for seniors • Changes in PA’s Department of Human Services;

Medicaid expansion in Pennsylvania; Same-sex long term care planning

• VA’s proposed rules for eligibility; VA waiting lists and look-back period

• Powers of Attorney – key provisions, updating existing POAs; Filial support law and current case decisions; Reverse mortgages and new HUD changes



PBI Group Cast Seminar “The Second Season: Issues for Divorce Over Fifty”

Thursday, November 5, 2015 Learn the intricacies of dealing with this once unthinkable concept. Identify the issues that distinguish senior divorces from usual practice. Recognize the pitfalls and possibilities of alimony and retirement benefits and receive down-to-earth hints on retirement accounts, tapping the equity in a marital home, estate planning, premarital agreements, Social Security, Medicare, Medicaid, and guardianship.


5 Substantive & 1 Ethics Credits (Integrated) Boxed Lunch included with tuition


CLE Update 4

BALC LUNCH AND LEARN SEMINAR

“Again?!? We Heard (Some of) this Before! Some Need to Hear it Again (and Again)”

~Part One~ Presented by: Hon. Richard E. Fehling

Friday, November 6, 2015

BALC is lucky to have frequent speaker, the Honorable Richard E. Fehling from the U.S. Bankruptcy Court, present Part One of his tips and updates on November 6th for you. He will discuss updates on recent decisions of the Supreme Court and other courts. You will hear ‘highlights’ and ‘lowlights’ directly from the Bench and the Judge will reiterate on what he likes in his courtroom (and maybe more importantly) what he doesn’t like! He will follow up on this topic with Part Two on Friday, January 8, 2016. Sign up for both seminars!

Judge Richard E. Fehling was appointed as United States Bankruptcy Judge for the Eastern District of Pennsylvania on Valentine’s Day, February 14, 2006. Prior to his appointment, Judge Fehling had been an associate, shareholder, director, and General Counsel at Stevens & Lee. He had been Co-Chair of the Stevens & Lee Bankruptcy Group for 17 of those years. He has served as the Chair of the Pennsylvania Bar Association Bankruptcy Committee (1992-95), of the Berks County Bar Association Bankruptcy Committee (1993), and of the Eastern District of Pennsylvania Bankruptcy Conference (1996-97). He received his B.A. from Yale University and his J.D., magna cum laude, from Dickinson School of Law, where he received the Walter Harrison Hitchler award for graduating first in his class.

BALC Lunch & Learn Seminar Registration & Lunch: 11:45 AM; 1 Substantive Credit

Seminar: 12:15 PM – 1:15 PM Tuition: Members rate of $40.00 for All Who Attend

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

PBI Group Cast Seminar “19th Annual Family Law Update”

Tuesday, November 10, 2015 This program includes the latest trends, the newest case law, legislation, and procedural rules. The Family Law Update provides a range of information that enables nearly everyone to learn something that can make an immediate impact on their practices. Each of PBI’s panels includes a sitting judge.



CLE Update 5

BALC LUNCH AND LEARN SEMINAR

“The Magna Carta – Still Relevant After All These Years?”

Presented by: John P. Servis, Esq. Wednesday, November 18, 2015

June 15, 2015 marked the 800th anniversary of the sealing of the Magna Carta (Latin for “Great Charter”) by King John. Even the most reluctant students of history tend to remember that 1215 was an important year. Some even associate the year with the document. But what did it say, and should we even care about it in the 21st century?

In this seminar we will look at the background and context of the Magna Carta, its use by England over the centuries, and its veneration by Americans from colonial times to the present day. Is our nation’s legal system truly indebted to this 800 year old document, or is this just another case of excessive Anglophilia?

Attorney John Servis is Chairman of the BALC Continuing Legal Education Committee. He has practiced law in Pennsylvania since 1988. John has a B.A. in classical language from Cornell University, a J.D. from American University, an LLM (Taxation) from Villanova University, and an M.A. in history from Lehigh University. He has practiced in both the private and public sectors, and served as solicitor to the Lehigh County Register of Wills for eight years. John recently began his 14th year of service on the Board of Trustees of the Lehigh County Historical Society. Having presented more than twenty-five seminars at the Bar Association of Lehigh County since 1999, John enjoys legal history, discovering origins of ideas and principles we now take for granted, and examining change over time in areas of procedural and substantive law.


Seminar: 12:15 PM – 1:15 PM Tuition: Members $40.00; Non-members $55.00 To Register Call Nancy @ 610.433.6401 Ext: 16

E-mail: [email protected]

To Register for any Bar Association Lunch Seminar - Call: 610.433.6401 Ext: 16 or

E-mail to : [email protected] or Fax the Registration form to: 610.770.9826

Walk-ins are welcome but pre-registration is encouraged for the purpose of apprising the caterer

and making adequate handouts.

CLE Update 6

PBI Group Cast Seminar “Election Law and Campaign Finance”

Friday, November 20, 2015

Get a step-by-step guide to the electoral process, from getting your candidate on the ballot to financing a campaign and to conducting recount litigation if the vote is close. Understand the start-to-finish legal issues involved in running for public office. Learn how nomination petition challenges can be made – and defended – and the evolving constitutional standards concerning the status of petition circulators. Understand strategy and tactics in recounts and contests.

Update your knowledge of the case law and applicable statutes as you take part in discussion of the most current issues in election law. Understand the evolving constitutional law concerning political expenditures as First Amendment-protected speech and the enormous impact of Citizens United v. FEC. Hear from the inside about the Voter ID statute and the litigation challenging it. Become current on developments concerning absentee and provisional ballots. Learn the important lessons from the state reapportionment litigation.



New Jersey CLE credits may be earned by submitting to the New Jersey CLE Board upon an audit request, your Pennsylvania CLE Board report as documentation of programs attended and credits earned. You can get a copy of this report at www.pacle.org.

All courses accredited through the Bar Association of Lehigh County and courses accredited through the PBI being held at BALC qualify toward New Jersey requirements.

Unless you are audited, the NJ CLE Board does NOT want you to provide documentation of CLE programs you have attended. If you are audited, your Pennsylvania Annual CLE Report obtained from the Pennsylvania CLE Board will provide the documentation you need of courses attended and credits earned.

CLE Update 7

BALC LUNCH AND LEARN SEMINAR “Oliver Wendell Holmes, Jr.”

Presented by: Malcolm J. Gross, Esquire Tuesday, December 1, 2015

This lecture will examine the highlights of perhaps America’s most brilliant legal career by looking not only at Holmes’ major dissents and decisions but also looking to his life history as being a basis for many of his legal theories. Holmes, in addition to being a brilliant jurist, is a profoundly interesting human being as we will see.

Attorney Malcolm J. Gross is a founding partner of Gross McGinley, LLP, headquartered in Allentown, where he has long represented media interests, including representing them in their pursuit of access to government records. Malcolm J. Gross was born in Allentown, PA. He graduated from Muhlenberg College, cum laude in 1962, with a Bachelor’s Degree in History and Political Science. He earned his J.D. from Villanova University School of Law in Philadelphia in 1965 and was admitted to the Pennsylvania Bar that year. While at Villanova, he was an editor of the Law Review. Mr. Gross also is admitted to the United States District Court for the Eastern District and Middle Districts of Pennsylvania, the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States.

Attorney Gross has written on a wide range of topics, and his articles have appeared in such national publications as Social Work, Case & Comment, and Communications and the Law. He also has published work in the Pennsylvania Bar Quarterly and the Pennsylvania Law Journal Reporter. Some of his articles cover press law including defamation, subpoenas, and freedom of information issues. He also writes about general-interest issues such as custody and domestic relations.

In 2004, 2006, and 2012, Attorney Gross was named a Pennsylvania Super Lawyer, reserved for the top 5 percent of Pennsylvania attorneys, and holds an AV Rating by Martindale-Hubbell Legal Directory.


Seminar: 12:15 PM – 1:15 PM Tuition: Members $40.00; Non-members $55.00 To Register Call Nancy @ 610.433.6401 Ext: 16

E-mail: cle&lehighbar.org

CLE Update 8

BALC CLE REGISTRATION FORM

Name:___________________________________________

PA Sup.CT.ID_____________________________________ Member of the Bar Association of: [ ] Lehigh [ ] Northampton [ ] Other_______________________ [ ] Legal Support Staff Register by: Phone 610.433.6401, Ext. 16; FAX 610.770.9826; E-Mail [email protected] or Mail your registration to: BALC, 1114 Walnut Street, Allentown PA 18102.

[ ] November 6: “Again!? We Heard (Some of) this Before! Some Need to Hear it Again (and Again)” Part I of II (Part II scheduled for 1-8-16) Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] November 18: “The Magna Carta – Still Relevant After All These Years?” Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] December 1: “Oliver Wendell Holmes, Jr.” Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] December 3: “Immigration Law Pro Bono for the Non-Immigration Lawyer” Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] December 8: “Mini Video Compliance Camp – Dec. 2015” Earn up to 2 Substantive & 1 Ethics Credits

[ ] December 10: “Records Management and Retention” Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] December 11: “Title to be determined” Special 3 hour seminar; Topic: Employment Law

[ ] December 15: “Video Compliance Camp – Dec. 2015” Earn up to 7 Substantive & 2 Ethics Credits

TOTAL AMOUNT ENCLOSED $_________________________ Please make checks payable to & mail to: BALC, 1114 W Walnut St, Allentown PA 18102.

Newsline 5

SAVE THE DATE

for the following BALC Events December 1: Soup Kitchen Volunteer Opportunity The Community Service Committee is sponsoring a day of volunteering at local soup kitchen, Daybreak at the Lehigh County Conference of Churches, located at 534 Chew Street, Allentown. Lawyers may volunteer from 10 to 11:15 AM or 11:15 to 12:30 PM to serve. Five volunteers are needed per shift. You may complete one or both shifts Volunteers from BALC are needed and appreciated.

Please contact Erin at 610-433-6204 x 19 Or [email protected] to sign up.

December 4: CLE on Wheels to New York City

for the Radio City Christmas Spectacular $75 for Show Ticket & Bus Ride

$90 for Show Ticket, Bus & 1 CLE Ethics Credit

December 13: Kids Holiday Party

December 17: Holiday Happy Hour

More Information Coming Soon

Newsline 6

2015 Calendar

October

October 16: Board Meeting at the Wyndham Gettysburg

October 16-18: Bench Bar Conference in Gettysburg

November

November 5: YLD Happy Hour at Allentown Brew Works

November 11: BALC Office closed

November 12: Fall Membership Dinner 5:30pm

November 18: Barristers Inn 5pm

November 19: Board Meeting 4:30pm

November 26 & 27: BALC Office closed.

December

December 1: Soup Kitchen Volunteer Opportunity

December 4: CLE on Wheels

December 10: Solo Practice Committee Meeting 12pm

December 17: Board Meeting 4:30pm

December 17: Holiday Happy Hour 5:30pm

Newsline 7

Newsline 8


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§2701(a)(1). Motions to amend an information are governed by Pa. R.Crim.P. 564, which states:

The court may allow an information to be amended when there is a defect in form, the description of the offense(s), the description of any person or any property, or the date charged, provided the information as amended does not charge an additional or different offense.

In interpreting Rule 564, the Superior Court of Pennsylvania has explained:

When presented with a question concerning the pro-priety of an amendment, we consider:

[w]hether the crimes specified in the original indictment or information involve the same basic elements and evolved out of the same factual situation as the crimes specified in the amended indictment or information. If so, then the de-fendant is deemed to have been placed on notice regarding his alleged criminal conduct. If, however, the amended pro-vision alleges a different set of events, or the elements or defenses to the amended crime are materially different from the elements or defenses to the crime originally charged, such that the defendant would be prejudiced by the change, then the amendment is not permitted.

Commonwealth v. Beck, 78 A.3d 656, 660 (Pa. Super. 2013) (quot-ing Commonwealth v. Mentzer, 18 A.3d 1200, 1222 (Pa. Super. 2011)).

The alleged simple assault the Commonwealth seeks to add to the information comes from the same factual situation which gave rise to the resisting arrest. While resisting arrest, defendant allegedly kicked Officer Boehm in the face causing redness on the officer’s nose. There is a prima facie case for this simple assault charge. See Commonwealth v. Richardson, 431 Pa. Superior Ct. 496, 636 A.2d 1195 (1994) (holding that the evidence supported a finding of simple assault where a defendant struck a police officer in the face even though the officer did not seek medical treatment after the fact). Defendant is not prejudiced by the addition of this

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charge because he was on notice that all of the criminal charges resulted from his scuffle with the police officers. Defendant will be able to adequately prepare for trial on all charges. For these reasons, the amendment is proper and a count of simple assault may be added to the information.

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LEHIGH LAW JOURNAL

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 de-mands 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 PUBLICATION

Chobot, Elizabeth K., dec’d.Late of the City of Allentown.Executor: Thomas R. Toczek c/o Beth A. Dobis Beers, Es-quire, 315 E. Main Street, Bath, PA 18014.Attorney: Beth A. Dobis Beers, Esquire, 315 E. Main Street, Bath, PA 18014.

Grigg, Glenn J., dec’d.Late of Allentown City.Administratrix: April L. Cordts, Esquire, 391 Nazareth Pike, Bethlehem, PA 18020.

Harris, Katherine I., dec’d.Late of S. Whitehall Twp.Executrix: Judy Ann Fritzges c/o Albert L. Chase, Esquire, 2031 N. Broad St., Ste. 137, Lansdale, PA 19446-1003.Attorney: Albert L. Chase, Es-quire, 2031 N. Broad St., Ste. 137, Lansdale, PA 19446-1003.

Kline, Loretta M., dec’d.Late of Allentown.Executrix: Christine M. Platia, 4761 York Drive, Orefield, PA 18069.

Luce, Paul E. a/k/a Paul Edmin-ster Luce a/k/a Paul Luce, dec’d.Late of Allentown.Administratrix: Jennifer Stanek c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Miller, Margaret P., dec’d.Late of 1940 West Turner Street, Allentown.Executor: John T. Forry, Es-quire, Forry Ullman, 540 Court Street, P.O. Box 542, Reading, PA 19603.Attorneys: John T. Forry, Es-quire, Forry Ullman, 540 Court Street, P.O. Box 542, Reading, PA 19603.

Minninger, Stephen E. a/k/a Stephen Minninger, dec’d.Late of Washington Township.Executrix: Susan C. Minninger Rauch a/k/a Susan Minninger Rauch c/o Emily A. Zettle-moyer, Esquire, 53 North Third Street, Emmaus, PA 18049.Attorney: Emily A. Zettlemoyer, Esquire, 53 North Third Street, Emmaus, PA 18049.

Mittermeier, Christian, dec’d.Late of Coplay.Administrators: Georg and Mary Mittermeier c/o Anthony G. O’Malley, Jr., Esq., Law Of-fice of Anthony G. O’Malley, Jr., 233 Pershing Blvd., Whitehall, PA 18052.

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Attorneys: Anthony G. O’Malley, Jr., Esq., Law Office of Anthony G. O’Malley, Jr., 233 Pershing Blvd., Whitehall, PA 18052.

Rice, Barbara E., dec’d.Late of Bethlehem.Executrix: Kristine K. Salverio c/o Lori Gardiner Kreglow, Es-quire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961.Attorney: Lori Gardiner Kre-glow, Esquire, 18 East Market Street, P.O. Box 1961, Bethle-hem, PA 18016-1961.

Strohl, Bryan F. a/k/a Bryan F. Strohl, Sr., dec’d.Late of Allentown.Co-Executors: Keri L. Scheirer, Bryan F. Strohl, R. and Jodie A. Strohl c/o Bruce W. Weida, Esq., 245 Main Street, Em-maus, PA 18049.Attorney: Bruce W. Weida, Esq., 245 Main Street, Emmaus, PA 18049.

SECOND PUBLICATION

Artinger, Rose C., dec’d.Late of Whitehall.Executor: Edward Randolph a/k/a Edward H. Randolph c/o Kathleen M. Collins, Esquire, 1125 S. Cedar Crest Boulevard, Suite 205, Allentown, PA 18103. Attorney: Kathleen M. Collins, Esquire, 1125 S. Cedar Crest Boulevard, Suite 205, Allen-town, PA 18103.

Durst, Juanita B., dec’d.Late of the City of Allentown.Co-Executrices: Shelby J. Rob-erts and Yvonne M. Reimold c/o Zator Law, 4400 Walbert Ave-nue, Allentown, PA 18104.

Attorneys: Christopher M. McLean, Esquire, Zator Law, 4400 Walbert Avenue, Allen-town, PA 18104.

Easterday, Kenneth P., dec’d.Late of 3000 Fellowship Drive, Whitehall.Executor: Terry L. Easterday c/o William W. Matz, Jr., Es-quire, 211 West Broad Street, Bethlehem, PA 18018-5517. Attorney: William W. Matz, Jr., Esquire, 211 West Broad Street, Bethlehem, PA 18018-5517.

Eberhart, William D., Sr., dec’d.Late of South Whitehall Town-ship.Executor: William D. Eberhart, Jr. c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allen-town, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Krowitz, Daisy D., dec’d.Late of Allentown.Executor: Michael B. Krowitz, Jr. c/o Thomas J. Turczyn, Esquire, 1711 W. Hamilton Street, Allentown, PA 18104.Attorney: Thomas J. Turczyn, Esquire, 1711 W. Hamilton Street, Allentown, PA 18104.

Meckes, Rosalie A., dec’d.Late of Slatington.Executrix: Debra J. Reed, 327 White Street, Weissport, PA 18235.Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

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Santangelo, Mary Camille a/k/a Camille Santangelo, dec’d.Late of Allentown.Executor: Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.Attorney: Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.

Tracy, Francis R., dec’d.Late of Whitehall.Executrix: Kimberly B. Tracy c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Val-ley, PA 18034-0219.

Turk, Karl Herbert, Jr., dec’d.Late of Emmaus, Salisbury Township.Executors: Adelaide K. Turk and Michael E. Turk c/o R. Nicholas Nanovic, Esquire, Nor-ris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.

Wagner, Gladys K. a/k/a Gladys K. C. Wagner, dec’d.Late of 1837 Whitehall Street, Allentown.Executor: Richard G. Wagner, 233 South 18th Street, Allen-town, PA 18104.Attorney: William G. Malkames, Esq., 509 W. Linden Street, Al-lentown, PA 18101-1415.

Zdancewicz, Shawn A., dec’d.Late of 3517 Lenape Lane, Em-maus.

Moscato, Girard, dec’d.Late of the Township of Salis-bury.Executrix: Stacey Blair Ob-rochta c/o Mark P. Albright, Esquire, 403 Main Street, Hel-lertown, PA 18055-1721.Attorney: Mark P. Albright, Es-quire, 403 Main Street, Heller-town, PA 18055-1721.

Nester, Ruth C., dec’d.Late of 9062 Steinsville Road, Kempton.Executor: Paul D. Nester, 9062 Steinsville Rd., Kempton, PA 19529.Attorneys: Alexa S. Antanavage, Esq., Antanavage Farbiarz, PLLC, 64 North Fourth Street, Hamburg, PA 19526.

Procopio, Dorothy A., dec’d.Late of the City of Bethlehem.Executrix: Jane F. Wright c/o Mary Ann Snell, Esquire, 3400 Bath Pike, Suite 311, Bethle-hem, PA 18017.Attorney: Mary Ann Snell, Es-quire, 3400 Bath Pike, Suite 311, Bethlehem, PA 18017.

Roundtree, Naomi A. a/k/a Naomi Roundtree, dec’d.Late of 1221 W. Walnut Street, Allentown.Executrix: Carol Ann Roundtree, 1221 W. Walnut Street, Allen-town, PA 18102.Attorneys: Marla J. Melman, Esquire, Scoblionko, Scoblion-ko, Muir & Melman, 40 South 5th Street, Allentown, PA 18101, (610) 351-0855.

Rudakiewicz, Elaine M., dec’d.Late of the City of Allentown.Co-Administratrices: Barbara A. Billy, 155 Bird Neck Rd., Barto, PA 19504 and Jean E. Nagle, 101 S. Buttonwood St., Macungie, PA 18062.

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Administrator: Ronald R. Mos-er, 5032 Celia Drive, Allentown, PA 18106.Attorney: William G. Malkames, Esq., 509 W. Linden Street, Al-lentown, PA 18101-1415.

THIRD PUBLICATION

Bastian, Jean A. a/k/a Jean Arlene Bastian, dec’d.Late of Upper Macungie Town-ship.Executor: Owen M. Bastian c/o Ritter & Bried, P.C., 1600 W. Hamilton St., Allentown, PA 18102-4287.Attorney: Robert V. Ritter, Jr., Esquire,1600 W. Hamilton Street, Allentown, PA 18102-4287.

Becker, Russell C., dec’d.Late of Allentown.Executor: Russell C. Becker, Jr. c/o Robert A. Weinert, Esq., 512 Hamilton St., Suite 405, Allen-town, PA 18101.Attorney: Robert A. Weinert, Esq., 512 Hamilton St., Suite 405, Allentown, PA 18101.

Ciliberti, Kenneth G., dec’d.Late of Allentown.Personal Representative: Patri-cia A. Yetter c/o Kirby G. Up-right, Esquire, One West Broad Street, Suite 700, Bethlehem, PA 18018.Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Beth-lehem, PA 18018, (610) 332-0390.

Follweiler, Raymond J., Jr., dec’d.Late of Slatington.

Executor: Kyle J. Follweiler, 8518 Pa. Route 873, Slatington, PA 18080.Attorneys: Keith W. Strohl, Es-quire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Freese, Raymond Scott a/k/a R. Scott Freese a/k/a Scott Freese, dec’d.Late of Macungie.Administratrix: Zulay T. Freese c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Georgiades, George E. a/k/a Georgios Emm Georgiadis, dec’d.Late of 3351 Seiples Station Road, Whitehall.Executor: George E. Georgia-des, 1700 Rocky Point Road, East Marion, NY 11939.Attorney: William G. Malkames, Esq., 509 W. Linden Street, Al-lentown, PA 18101-1415.

Holler, Helen J., dec’d.Late of Coplay.Executrices: Janice Mason-heimer and Joan Potter c/o Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Keller, Ronald L. a/k/a Ronald Leslie Keller, dec’d.Late of Macungie.

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Executrix: Georgette F. Gruver c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Kochy, Helen L., dec’d.Late of Allentown.Executor: Frank T. Moser c/o Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062.Attorney: Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062.

Kollmer, Arthur E. a/k/a Arthur Edward Kollmer, dec’d.Late of Whitehall, Whitehall Township.Executors: Barbara Anne Kollmer Guy and William Ar-thur Kollmer c/o R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.

Marushak, Patricia A., dec’d.Late of Coplay.Executrix: Katherine M. Ger-hard c/o Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.Attorney: Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.

Miesegaes, David H., dec’d.Late of the City of Bethlehem.

Executor: Henry D. Miesegaes a/k/a Henry David Miesegaes c/o Ellen M. Kraft, Esquire, 3400 Bath Pike, Suite 311, Bethlehem, PA 18017.Attorney: Ellen M. Kraft, Es-quire, 3400 Bath Pike, Suite 311, Bethlehem, PA 18017.

Nederostek, Elizabeth, dec’d.Late of 5166 Grant Avenue, Whitehall.Executor: Bernard Nederostek, 108 Oak Lane, Northampton, PA 18067.Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067.

Petiprin, William J., dec’d.Late of Schnecksville. Executrix: Celia C. Petiprin c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: David M. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Piplitsch, Leo J., dec’d.Late of Allentown.Executor: Earl J. Peterson c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Val-ley, PA 18034-0219.

Snyder, Roma E., dec’d.Late of Lehigh.Executor: Douglas D. Snyder, 47 North Schaeffer Street, Al-lentown, PA 18104.Attorney: Christine Lombardo-Zaun, Esquire, 6900 Hamilton Boulevard, Unit 285, #113, Trexlertown, PA 18087.

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Stopay, Lillian, dec’d.Late of 5152 Grant Avenue, Whitehall Township.Executor: James Gigler c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Larry R. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Svitilla, Helene M., dec’d.Late of Allentown.Personal Representative: Wil-liam F. Svitilla c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.Attorney: Peter P. Perry, Es-quire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.

Wrigley, Christine M., dec’d.Late of Allentown.Executrix: Jane W. Snyder c/o Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069. Attorneys: Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

NOTICES OF INCORPORATION

NOTICE IS HEREBY GIVEN that Articles of Incorporation have been (are to be) filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Business Corporation Law of the Common-wealth of Pennsylvania, Act of De-cember 21, 1988 (P.L. 1444, No. 177), by the following corporation:

The name of the corporation is:GREAT WALL OF LEHIGH, INC.

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The name of the corporation is:K & R REAL PROPERTY INC.

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CORPORATE FICTITIOUS NAME NOTICE

NOTICE IS HEREBY GIVEN, pur-suant to the provisions of Act 295 of 1982, as amended, of intention to file, or the filing of, in the Office of the Secretary of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, a certificate for the conduct of a business in Pennsylvania, under the assumed or fictitious name, style or designation of

Name: PHOEBE CERTIFIED NURSE PRACTITIONER SERVICES with its principal place of business at: 1925 Turner Street, Allentown, Pennsylvania 18104.

The name and address of the en-tity owning or interested in said busi-ness is: Phoebe Corporate and Com-munity Based Services, Inc., 1925 Turner Street, Allentown, PA 18104.DAVID C. MARSHALL, ESQ. LATSHA DAVIS & McKENNA, P.C.1700 Bent Creek BoulevardSuite 140Mechanicsburg, PA 17050

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LIMITED LIABILITY COMPANY NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization for a Domestic Limited Liablity Company has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, pursuant to the provisions of the Limited Liability Company Law of the Commonwealth of Pennsylvania, Act of December 7, 1994 (P.L. 703, No. 106), by the following company:

DonMon, LLCThe Certificate of Organization

was filed on September 11, 2015.MICHAEL IRA STUMP, ESQ.207 East Main StreetSuite 100Macungie, PA 18062

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LEHIGH LAW JOURNALNOTICE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Action—Law

No. 2015-C-2009

Santander Bank, N.A., Plaintiff

vs.Spencer L. Sexton, Solely in His Capacity as Heir of Patricia A.

Sexton, Deceased, Sallie A. McKenney, Solely in Her Capacity

as Heir of Patricia A. Sexton, Deceased and Unknown Heirs, Successors and/or Assigns of Patricia A. Sexton, Deceased,

Defendants

ACTION IN MORTGAGE FORECLOSURE

Involving Premises 1835 Troxell Street, Allentown, PA 18109.

NOTICE BY PUBLICATION

A Complaint in Action of Mortgage Foreclosure and a Praecipe to Rein-state the Complaint has been filed with the Court of Common Pleas of Lehigh County.

NOTICE TO DEFEND AND CLAIM RIGHTS

You, Unknown Heirs, Successors or Assigns of Patricia A. Sexton, De-ceased, have been sued in court. If you wish to defend against the claims set forth in the Complaint, you must enter a written appearance person-ally or by an attorney and file your defenses or objections in writing with the Court. You are warned that if you fail to do so within twenty (20) days of this Publication, the case may proceed without you and a judgment may be entered against you for the relief requested in the Complaint by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA-PER 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 INFORMA-TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH IN-FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE-DUCED FEE OR NO FEE.

Lawyer Referral ServiceP.O. Box 1324Allentown, PA 18105-1324(610) 433-7094

MICHAEL S. BLOOM, ESQ.PRESSMAN & DOYLE, LLCAttys. for Plaintiff712 W. MacDade Blvd.Milmont Park, PA 19033(610) 532-4222

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NOTICE OF ACTION IN MORTGAGE FORECLOSURE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Action—Law

No. 2015-C-2476

WELLS FARGO BANK, N.A.Plaintiff

vs.UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS

CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER

KATRINA J. TREXLER, DECEASEDDefendant

NOTICE

To: UNKNOWN HEIRS, SUCCES-SORS, ASSIGNS AND ALL PER-SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN-TEREST FROM OR UNDER KA-TRINA J. TREXLER, DECEASEDYou are hereby notified that on

August 7, 2015, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with

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LEHIGH LAW JOURNALa Notice to Defend, against you in the Court of Common Pleas of LEHIGH County, Pennsylvania, docketed to No. 2015-C-2476. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3011 DEVONSHIRE ROAD, ALLEN-TOWN, PA 18103-6305 whereupon your property would be sold by the Sheriff of LEHIGH County.

You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you.

NOTICE

If you wish to defend, you must enter a written appearance person-ally or by attorney and file your de-fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS NO-TICE 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 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 RE-DUCED FEE OR NO FEE.

Notice to Defend:Lawyer Referral ServiceP.O. Box 1324Allentown, PA 18105-1324Telephone (610) 433-7094

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DISSOLUTION NOTICE

NOTICE IS HEREBY GIVEN to all creditors and claimaints of BAL-LIET’S FUEL OIL, INC., a business corporation, that on December 31, 2014, the shareholders approved the voluntary dissolution of said corpora-tion with the Department of State in Harrisburg, PA and the corporate officers are now engaged in winding up and settling the affairs of said corporation, so that its corporate existence shall be ended by issuance of a certificate of dissolution by the Department of State of the Common-wealth of Pennsylvania, under the provisions of Section 1975 of the Pennsylvania Business Corporation Law of 1988.Christopher Loughman613 Penn DriveTamaqua, PA 18252(570) 952-4455

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DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, October 19, 2015

vol. lvi allentown, pa friday, october 16, 2015 no....

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