vol. lvi allentown, pa friday, october 9, 2015 no....

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Vol. LVI Allentown, PA Friday, October 9, 2015 No. 67

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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

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Magditch vs. Lehigh County et al.610

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EDWARD AND ROSE MAGDITCH, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF

TRAVIS MAGDITCH, DECEASED, PLAINTIFFS vs. LEHIGH COUNTY, EDWARD SWEENEY, IN HIS INDIVIDUAL CAPACITY AND AS DIRECTOR OF CORRECTIONS FOR LEHIGH COUNTY, DENNIS

ERIK VON KIEL, D.O. AND PRIMECARE MEDICAL INCORPORATED, DEFENDANTS.

Motion for Post-Trial Relief—Negligence—Medical Malpractice—Motion in Limine to Preclude Testimony—Failure

to Identify Witness—Factors to Consider in Precluding Testimony of Witness—Unfair Prejudice—Ability to Cure

Prejudice—Disruption of Orderly and Efficient Trial of Case—Bad Faith or Willfulness in Failing to Comply With Court Order.

In medical malpractice case brought on behalf of a deceased prisoner, the court denied Plaintiffs’ Motion for Post-Trial Relief requesting a new trial on the basis that the court should not have precluded testimony from a fellow prisoner. Although the precluded witness would have testified as to the deceased prisoner’s condition and requests for help on the night of his death, which may have been relevant to causation in Plaintiffs’ case, the witness was first identified 10 days prior to the commencement of trial. In reaching its decision, the court reviewed the four factors to be considered in precluding such a witness from testifying and found that, although no bad faith existed on the part of Plaintiffs’ coun-sel, incurable prejudice and surprise would be suffered by Defendants if the newly- identified witness was permitted to testify, and a lengthy delay and disruption of the court’s trial schedule would have occurred had the court attempted to cure the prejudice by way of a continuance.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Civil Division. No. 2012-C-5428. Edward and Rose Mag-ditch, Individually and As Co-Administrators of the Estate of Travis Magditch, Deceased, Plaintiffs vs. Lehigh County, Edward Sweeney in His Individual Capacity and As Director of Corrections for Lehigh County, Dennis Erik Von Kiel, D.O. and PrimeCare Medical Incorporated, Defendants.

DaviD K. inscho, EsquirE and BraDEn r. LEpisto, EsquirE, on behalf of the Plaintiffs.

John r. ninosKy, EsquirE, on behalf of the Defendants Den-nis Erik Von Kiel, D.O. and PrimeCare Medical, Incorporated.

McGinLEy, P.J., July 31, 2015. Plaintiffs’ Motion for Post-Trial Relief was timely filed with the Clerk of Judicial Records—

Magditch vs. Lehigh County et al.

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Magditch vs. Lehigh County et al. 611

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Civil Division on April 6, 2015. Defendants Dennis Erik Von Kiel, D.O. (Von Kiel) and PrimeCare Medical Incorporated (PrimeCare) responded, briefs were filed and argument was held on July 10, 2015. For the following reasons, Plaintiffs’ motion is denied.

PROCEDURAL BACKGROUND

On January 5, 2012, Travis Magditch died while incarcerated in Lehigh County Prison. Plaintiffs commenced this action on December 28, 2012, by Complaint filed against Defendants Lehigh County, Edward Sweeney (Sweeney), as Director of Corrections for Lehigh County and individually, Von Kiel and PrimeCare. The Complaint alleged theories of negligence against Von Kiel and PrimeCare’s agents arising from the failure to properly assess and treat Travis Magditch’s asthma at the Lehigh County Prison, as well as the failure to have appropriate policies and procedures in place at the prison regarding prisoners with asthma. In addition, Plaintiffs asserted civil rights claims against all Defendants for failing to provide constitutionally required necessary medical treat-ment.

Prior to trial, upon consideration of Defendants’ motions for summary judgment, judgment was entered in favor of Defendants Lehigh County and Sweeney as a matter of law. Subsequent to our ruling, Plaintiffs withdrew their civil rights claims against Von Kiel and PrimeCare. Accordingly, only the negligence cause of action remained against Defendants Von Kiel and PrimeCare (Defen-dants) at the time of trial.

Trial commenced on March 23, 2015 and concluded on March 27, 2015, when the jury returned a verdict in favor of Defendants. Specifically, the jury found that PrimeCare was negligent, but that said negligence was not a factual cause in bringing about Plaintiffs’ harm. See Verdict signed March 27, 2015, filed with the Clerk of Judicial Records—Civil Division on March 30, 2015.

Plaintiffs’ Motion for Post-Trial Relief was timely filed and requested a new trial against all Defendants, including Lehigh County and Sweeney, based on six allegations of error or instanc-es of alleged abuse of discretion by this court. However, Plaintiffs’ brief, filed in accordance with our Scheduling Order dated May

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12, 2015, addressed one issue and only involved Defendants Von Kiel and PrimeCare. Argument was held on July 10, 2015, and the issue argued was the same issue that was briefed. Defendants Lehigh County and Sweeney did not participate in the post-trial proceedings given that the issue briefed and argued did not involve them.

FACTUAL BACKGROUND

On January 3, 2012, Travis Magditch (Travis) was arrested on drug charges and incarcerated at the Lehigh County Prison. Travis was 27 years old with a history of asthma and heroin addic-tion. N.T. March 26, 2015, p. 258; N.T. March 25, 2015, p. 235.

Upon his incarceration and during the late hours of January 3, 2012, and into the early hours of January 4, 2012, Travis under-went a medical screening by medical assistant Leonard Berger. Travis reported his history of asthma, his treating physician, his current medications, and that the prior day, January 2, 2012, was the last time he used his asthma medication. Travis had been pre-scribed two asthma medications by his treating physician: (1) Ventolin HFA inhaler, which was an albuterol rescue inhaler; and (2) Advair 250/50 inhaler, which was a maintenance inhaler consist-ing of 250 mg. of a corticosteroid, fluticasone propionate, and 50 mg. of a long-acting bronchodilator, salmeterol. N.T. March 24, 2015, pp. 166, 171-72; N.T. March 25, 2015, p. 106; N.T. March 26, 2015, pp. 74-75. Travis did not take the Advair as prescribed; he last filled his thirty-day supply of Advair on either November 1 or 2, 2011. N.T. March 24, pp. 203-204; N.T. March 25, 2015, p. 75; N.T. March 27, 2015, p. 43.

During his medical screening, Travis had a peak flow reading of 120 liters per minute, a significantly low reading compared to the normal 640 liters per minute for someone of Travis’ age and height. N.T. March 24, 2015, pp. 170-71; N.T. March 25, 2015, pp. 24, 129. However, his vital signs were taken and everything was within normal limits. N.T. March 24, 2015, p. 198; Defendants’ Exhibit Bates Numbers 002091-002104.

Also during the initial medical screening, Travis reported his heroin addiction. Travis reported that he used ten bags of heroin a day, seven days a week for one to two years. The last time he used

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heroin was January 3, 2012, the day of his arrest. N.T. March 24, 2015, pp. 168-69, 173, 199-200; Defendants’ Exhibit Bates Num-bers 002091-002104.

On January 4, 2012, at approximately 9:15 a.m., Travis was seen by Physician’s Assistant Megan Hughes to address his heroin abuse and asthma. N.T. March 27, 2015, pp. 42, 79-81. He had no complaints of chest pain, shortness of breath or dizziness and his vital signs were stable. N.T. March 27, 2015, pp. 47-48, 52. PA Hughes described Travis’ general appearance as “no acute distress”; his heart had regular rate and rhythm; and his lungs were clear to auscultation, meaning he had a normal lung examination with a stethoscope. N.T. March 27, 2015, pp. 53-55. Travis also had a “fast get up” and a normal gait, which indicated he was able to quickly stand from a sitting position and walk normally. N.T. March 27, 2015, p. 55.

PA Hughes ordered Travis albuterol nebulizer treatments which Travis could request as needed. The plan was to monitor his use of the nebulizer treatments and to reevaluate if he used the nebulizer more than twice a week. N.T. March 27, 2015, pp. 57, 59. She did not prescribe the Advair because he did not have a current prescription for it, was noncompliant in taking that medi-cation, and was not short of breath or wheezing. N.T. March 27, 2015, p. 58.

In addition, Travis was put on a detox protocol due to his heroin addiction. The detox checks included having Travis’ vital signs checked, both sitting and standing, twice a day in the medical department. In addition, PA Hughes ordered detox medication to help with Travis’ heroin withdrawal. N.T. March 27, 2015, pp. 59-60. Detox medication is handed to the inmate personally by nurses three times a day. N.T. March 24, 2015, pp. 104-106, 205.

On January 4, 2012, at approximately 4:00 p.m., Travis had his vital signs taken in the medical department. Again, his vital signs were within normal limits. N.T. March 26, 2015, pp. 201, 234-35; Defendants’ Exhibit Bates Number 002107. Travis received his detox medications during the “evening med pass” on January 4, 2012, at approximately 9:00 p.m. N.T. March 26, 2015, p. 180; Defendants’ Exhibit Bates Number 002112.

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On the evening of January 4, 2012, into the morning of Janu-ary 5, 2012, Corrections Officer Pietrulewicz worked the 11 p.m. to 7 a.m. shift and was assigned to Housing Units 2A and 2D; Travis was housed in Housing Unit 2A. N.T. March 26, 2015, p. 34. During Officer Pietrulewicz’s shift, 18 rounds were made to check each cell for medical emergencies, attempted suicide and security emergencies. N.T. March 26, 2015, pp. 40, 48. There was no request for help or complaints by any inmates that night; it was a quiet night. N.T. March 26, 2015, pp. 43-44.

On the morning of January 5, 2012, Travis was found unre-sponsive in his cell. He died despite resuscitation attempts and was pronounced dead at 7:56 a.m. at Sacred Heart Hospital.

An autopsy was conducted and the coroner determined that Travis’ cause of death was asthma. N.T. March 25, 2015, pp. 146-47, 149. However, Defendants’ experts opined that Travis died as a result of aspirating on his vomit. N.T. March 26, 2015, pp. 239-40.

Medical services at Lehigh County Prison were provided by PrimeCare Medical, Incorporated. Lehigh County Prison adopted the National Commission on Correctional Health Care (NCCHC) guidelines for the management of chronic illnesses as the clinical protocols that clinicians at the Prison were to use. N.T. March 24, 2015, pp. 57-59. If a clinician determined an alternative treatment was necessary that was different from the established protocols, a detailed explanation was to be documented in the inmate’s medi-cal record. N.T. March 24, 2015, p. 58.

The NCCHC guideline as it applied to asthma recommend-ed the assessment of asthma severity and degree of the patient’s control over asthma symptoms. This involved a clinician’s consid-eration of the following factors: frequency of symptoms; nighttime awakenings; frequency of using short-acting beta agonists for symptom control; interference with normal activity; lung function, as measured by forced expiratory volume or peak expiratory flow rate; and exacerbations requiring oral systemic corticosteroids.

In addition, the NCCHC guideline for asthma provided: “[a]s with all chronic conditions, self-management is paramount to improve outcomes and reduce morbidity and mortality. … In ad-dition, it is highly recommended these patients be allowed to keep

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inhalers and spacers in their cells, and if possible, for a select group of patients to keep a peak flow meter to monitor airway flow as part of an action plan.” Defendants’ Exhibit Bates Numbers 002485-002489; N.T. March 24, 2015, pp. 74-75.

In Lehigh County Prison, there was no prohibition against inmates having inhalers in their cells; if an inmate was prescribed an inhaler, he was permitted to have it in his cell. N.T. March 25, 2015, p. 35; N.T. March 26, 2015, pp. 31-32.

However, it was not the practice to have asthmatic inmates have inhalers in their cell. N.T. March 24, 2015, p. 61. Sometime between 2008 and 2010, PrimeCare changed its policy on the administration of rescue inhalers. First, failed nebulizer treatments were now required before a rescue inhaler would be prescribed. N.T. March 24, 2015, pp. 42-43. Second, the rescue inhaler was moved from a formulary medicine, one approved for use within Lehigh County Prison without the need for prior approval, to a managed formulary drug, which required corporate approval prior to prescribing the medication. Id. at 47-49.

In addition, the protocol regarding the management of asthma includes in part, “[m]edications including the daily use of inhaled corticosteroids (ICS) in the vast majority of patients with persistent asthma, with the goal of reducing the need and overuse of short-acting beta agonists (SABA).” Defendants’ Exhibit Bates Numbers 002485-002489. The recommendation is for the vast majority of patients with persistent asthma to be on both an inhaled corticosteroid, which is a maintenance medication such as Advair, and a short-acting beta agonist, which is a rescue inhaler. N.T. March 24, 2015, p. 76. As of 2012, all ICS were on the managed formulary. Id. at 77.

The jury found PrimeCare negligent, but determined that said negligence was not a factual cause in Travis’ death.

ISSUE

Plaintiffs assert one issue for our review: did the court abuse its discretion in granting Defendants’ motion in limine and preclud-ing Dennis Cardano from testifying on issues of causation.

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The testimony of Randy Boemio was also precluded at the time of trial and was raised as an issue in Plaintiffs’ Motion for Post-Trial Relief. However, Plaintiffs did not address the exclusion of Mr. Boemio’s testimony in its post-trial brief, and that issue is therefore waived. Jackson v. Kassab, 812 A.2d 1233 (Pa. Super. 2002).

Plaintiffs’ post-trial brief includes a “Statement of Question Presented” which provides as follows:

Plaintiffs advanced six issues in their post-trial motion, but present only one issue in this brief:

1. Did the Court abuse its discretion by granting De-fendants’ motion in limine to preclude Dennis Cardano from testifying on critical issues of causation where:

Mr. Cardano was prepared to testify that he observed Travis Magditch being short of breath, having difficulty get-ting his words out, and requesting assistance from guards the evening before he died. This information was highly probative of causation, which turned out to be the crucial issue as to which the jury ruled in Defendants’ favor.

While Mr. Cardano was not listed as a fact witness in the initial pre-trial memorandum, Plaintiffs’ counsel filed a supplemental pre-trial memorandum identifying Mr. Car-dano on March 13, 2015, promptly upon learning that Mr. Cardano had discoverable information and ten days before trial was scheduled to begin.

A continuance was available to the extent Defendants required additional time to revise their defense strategy based on Mr. Cardano’s anticipated testimony, and Defendants in fact moved for a continuance. The Court refused to allow a continuance as well.

Plaintiffs’ Memorandum of Law in Support of Motion for Post-Trial Relief filed with the Clerk of Judicial Records—Civil Records on June 19, 2015.

Accordingly, the only issue before this court relates to the preclusion of Cardano’s testimony.

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DISCUSSION

The Pennsylvania Supreme Court has enunciated a two-step process in reviewing a motion for new trial at the post-trial level in Harmon v. Borah, 562 Pa. 455, 756 A.2d 1116 (2000). First, the court must decide whether or not one or more mistakes occurred at trial. Secondly, if a mistake did occur, the court must determine if the mistake constituted a sufficient basis for granting a new trial under the harmless error doctrine. Id. at 467, 756 A.2d at 1122.

Further, when evidentiary rulings are at issue, a trial court’s decisions as to those rulings are “controlled by the sound discretion of the trial court.” Sutherland v. Monongahela Valley Hospital, 856 A.2d 55, 59 (Pa. Super. 2004). Those rulings should not be disturbed at either the post-trial or appellate levels unless a clear abuse of discretion is demonstrated. Id. Accordingly, the standard of review in assessing an evidentiary ruling of a trial court is “extremely nar-row” and may only be reversed upon a showing of manifest abuse of discretion. King v. Stefenelli, 862 A.2d 666, 675 (Pa. Super. 2004) (citation omitted); Eichman v. McKeon, 824 A.2d 305, 319 (Pa. Super. 2003) (citation omitted). “An abuse of discretion exists when the trial court renders a judgment that is manifestly unrea-sonable, arbitrary or capricious, fails to apply the law or is moti-vated by partiality, prejudice, bias or ill will.” Daddona v. Thind, 891 A.2d 786, 799 (Pa. Commw. 2006) (citation omitted).

The issue before us is whether we abused our discretion in precluding Dennis Cardano (Cardano) from testifying.

On April 29, 2013, Plaintiffs propounded interrogatories and requests for production of documents on Lehigh County and Sweeney and sought for Lehigh County and Sweeney to “Identify the inmates in Pod 2A at Lehigh County Prison on January 3, 4, and 5, 2012, specifying their name, last known address, telephone number, and cell number on the listed dates.” Exhibit A to Plain-tiffs’ Memorandum of Law in Support of Motion for Post-Trial Relief, filed with the Clerk of Judicial Records—Civil Division on June 19, 2015.

On September 17, 2013, Lehigh County and Sweeney an-swered Plaintiffs’ discovery request with a housing unit report containing the identity of the inmates for the requested period,

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the inmates’ last known addresses and, in some instances, a last known phone number. Exhibit B to Plaintiffs’ Memorandum of Law in Support of Motion for Post-Trial Relief, filed with the Clerk of Judicial Records—Civil Division on June 19, 2015.

On May 13, 2014, correspondence was sent by David Back-enstoe, Esquire, counsel for Lehigh County and Sweeney, to David Inscho, Esquire, Plaintiffs’ counsel, confirming Plaintiffs’ answers to interrogatories:

11. With respect to the allegation in the Complaint that Decedent, Travis Magditch, called out from his cell for as-sistance, and that no one from the Lehigh County Prison responded to these calls for help, please provide the factual basis for this allegation, and identify the individual(s) who will testify in support of this allegation at the time of trial.

Answer: Plaintiffs are not aware of a witness and do not intend to call a witness who could support this allegation.

12. With respect to the allegation in the Complaint that no one from the Lehigh County Prison responded to Travis Magditch’s calls for help on the evening of January 4, 2013, please provide the factual basis for this allegation, and iden-tify the individual(s) who will testify in support of this allega-tion at the time of trial.

Answer: Plaintiffs are not aware of a witness and do not intend to call a witness who could support this allegation.

Exhibit D to Plaintiffs’ Memorandum of Law in Support of Motion for Post-Trial Relief, filed with the Clerk of Judicial Records—Civil Division on June 19, 2015.

Per Order dated February 6, 2014, and upon stipulation of the parties, the discovery deadline expired on May 19, 2014.

On February 13, 2015, Plaintiffs filed their Pre-Trial State-ment. Mr. Cardano was not identified as a witness. Further, no witness was identified that had knowledge of Travis experiencing asthma-like symptoms or having asked for help prior to his death. No such facts were provided in the “Facts Giving Rise to Liability.” See Plaintiffs’ Pre-Trial Statement filed with the Clerk of Judicial Records—Civil Division on February 13, 2015.

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On March 13, 2015, ten days before the start of trial, Plaintiffs’ counsel faxed defense counsel and the court an Amended Pre-Trial Statement listing Dennis Cardano as a trial witness. Exhibit F to Plaintiffs’ Memorandum of Law in Support of Motion for Post-Trial Relief, filed with the Clerk of Judicial Records—Civil Division on June 19, 2015. The substance of his testimony was not provided, and the facts giving rise to liability were not amended. Contrary to Plaintiffs’ assertion in their post-trial memorandum, the amended pretrial statement was never filed of record with the court.

Defendants filed a motion in limine to preclude the testi-mony of Cardano. See Defendants’ Motion in Limine filed with the Clerk of Judicial Records—Civil Division on March 19, 2015.1

On March 18, 2015, Plaintiffs’ counsel verbally provided defense counsel with an offer of proof as to Cardano’s proposed testimony. As a result, on March 19, 2015, Defendants filed a supplemental motion in limine to preclude the testimony of Car-dano and/or request a continuance of the trial. See Defendants’ Supplemental Motion in Limine to Preclude Evidence or Testi-mony of Dennis Cardano and Randy Boemio and/or Motion for Continuance filed with the Clerk of Judicial Records—Civil Divi-sion on March 19, 2015.

Plaintiffs responded to Defendants’ first motion in limine on Friday, March 20, 2015, admitting that Plaintiffs have not produced any sort of indication as to what Cardano will state at trial and further responding that Plaintiffs do not know what Cardano will state at trial. “Even if Plaintiffs could predict [Cardano’s] testi-mony, Plaintiffs are not aware of any rule or case law requiring Plaintiffs to inform Defendants of what these fact witnesses may say at trial.” Plaintiffs’ Response in Opposition to Defendants’ Motion in Limine To Preclude Evidence or Testimony of Dennis Cardano and Randy Boemio, filed with the Clerk of Judicial Rec-ords—Civil Division on March 20, 2015.

1 Attorney Ninosky explained that the motion in limine was mailed on March 17, 2015, but received and filed on March 19, 2015, the same day the supplemental motion in limine was filed. N.T. March 24, 2015, p. 13-14.

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Trial began on Monday, March 23, 2015. The motion and supplemental motion in limine relating to the testimony of Car-dano were addressed on the evening of March 23 and the morning of March 24, 2015.

Attorney Inscho made an offer of proof regarding Cardano’s anticipated trial testimony:

Mr. Cardano, if he would testify, would testify that he was an inmate on Unit 2A, the same housing unit as Travis Magditch. That he met him that evening when he came to the cell block around 7:00 p.m. That he spent approximately 40 minutes with him. That, during that time, he offered him some soup. That Mr. Magditch was sweating. That he had a hard time breathing. That he was short of breath. That he had a hard time getting his words out. That he was coughing and gagging. He would further testify that he did not eat very much food. He would have testified that at least two occasions, there were requests made for help to a correctional officer one by—

…

One by Mr. Magditch. And one by Mr. Cardano himself. That the correctional officer was a Caucasian male with white hair, who wasn’t the regular correctional officer on the unit. And Mr. Cardano would testify that in response to both of those requests, the correctional officer told both Mr. Mag-ditch and Mr. Cardano there is nothing I could do.

N.T. March 24, 2015, pp. 27-28.

Defense counsel argued the late disclosure was unfairly prejudicial because the proposed testimony was inconsistent with the other evidence that existed to date; he stated “nowhere, whether it be a corrections officer or whether it was nursing per-sonnel or medical personnel, was there any such complaint that was made by Travis Magditch.” N.T. March 23, 2015, p. 89. Fur-ther, Attorney Ninosky stated:

We’re prejudiced because now they’re introducing this evidence beyond the eleventh hour, after there was already a representation that no such evidence or witness exists. We

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have all of our expert testimony presented. We have all of our theories and our defense created, and now we’re going to come up with this witness out of, basically, thin air that nobody knew anything about within days of trial. The whole purpose of the rules of discovery is to avoid just this. And where we are now is after defense strategy is created, after witnesses are prepared, after the case is ready to go, and experts have rendered their opinions, somebody now miraculously comes out of thin air to say, oh, by the way, I saw something, and give observations. And that is clearly not consistent with what was said throughout the pendency of the discovery of this case.

N.T. March 23, 2015, pp. 93-94.

We first examine the rules of procedure in addressing De-fendants’ motions in limine. Lehigh County Rule of Civil Procedure requires pretrial statements to be filed no later than five days prior to the pretrial conference. Leh. R.C.P. 212.1(2). Pursuant to Pennsylvania Rules of Civil Procedure, pretrial statements must include: “a list of the names and addresses of all persons who may be called as witnesses by the party filing the statement, classifying them as liability or damage witnesses.” Pa. R.C.P. 212.2(a)(3). If the trial court determines that unfair prejudice will occur as the result of a party’s failure to abide by the pretrial statement require-ments, the trial court shall grant appropriate relief which may in-clude the preclusion or limitation of testimony of any witness not disclosed in the pretrial statement. Pa. R.C.P. 212.2(c). “The purpose of the discovery rules is to prevent surprise and unfairness and to allow a fair trial on the merits.” Linker v. Churnetski Trans-portation, Inc., 360 Pa. Superior Ct. 366, 368, 520 A.2d 502, 503 (1987) (citation omitted).

In this instance, Plaintiffs filed a timely pretrial statement; however, Cardano was not listed as a witness. No amended pre-trial statement with Cardano’s information was ever filed with the court.

Next, in deciding whether a witness should be precluded from testifying for failure to comply with discovery rules, a court must consider four factors:

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(1) the prejudice or surprise in fact of the party against whom the excluded witnesses would have testified,

(2) the ability of that party to cure the prejudice,

(3) the extent to which waiver of the rule against calling unlisted witnesses would disrupt the orderly and efficient trial of the case or of cases in the court,

(4) the bad faith of [sic] willfulness in failing to comply with the court’s order.

Smith v. Grab, 705 A.2d 894, 902 (Pa. Super. 1997), citing Gill v. McGraw Electrical Co., 264 Pa. Superior Ct. 382, 399 A.2d 1095, 1102 (1979) (en banc).

The Grab court further stated: “in the absence of bad faith or willful disobedience of the rules, the most significant consider-ations are the importance of the witness’ testimony and the preju-dice, if any, to the party against whom the witness will testify.” Id., citing Linker, 360 Pa. Superior Ct. at 372, 520 A.2d at 504 (citing Feingold v. Southeastern Pennsylvania Transp. Auth., 339 Pa. Superior Ct. 15, 22, 488 A.2d 284, 288 (1985), aff ’d, 512 Pa. 567, 517 A.2d 1270 (1986)). Further, we note that “[t]o preclude the testimony of a witness is a drastic sanction, and it should be done only where the facts of the case make it necessary.” Feingold v. Southeastern Pennsylvania Transportation Authority, 339 Pa. Su-perior Ct. 15, 21, 488 A.2d 284, 287 (1985) (citation omitted).

In considering the motions in limine, counsel and the court discussed the factors set forth in Grab. During this discussion, we incorrectly articulated the elements of the “unfair prejudice” fac-tor. However, after a careful and thorough review of case law and the record, we find that our decision to exclude the testimony was warranted. Our decision to exclude Cardano’s testimony was a sound one based on the severe unfair prejudice to Defendants and the inability to cure said prejudice. We address the Grab factors seriatim.

In examining the first factor as set forth in Grab, we must consider the prejudice or surprise to defendants, the party against whom the excluded witnesses would have testified. As to surprise, there can be no question that Defendants were surprised by the

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late offer to allow Cardano’s testimony at trial. Discovery in this case was lengthy. The discovery deadline had been extended and expired and the deadline for pretrial statements had expired. No witness was identified that would have knowledge of Travis exhib-iting asthmatic symptoms or asking for and not receiving medical help.

Cardano had been identified as an inmate in a discovery document, which was provided by Lehigh County and included a list of approximately 100 inmates in Housing Unit 2A during Tra-vis’ time of incarceration. Defendants were provided correspon-dence between counsel for Lehigh County and Sweeney and Plaintiffs’ counsel, documenting Plaintiffs’ answers to interrogato-ries in which Plaintiffs admit that they were unaware of a witness and did not intend to call a witness at trial to support the allegations that Travis requested help and did not receive assistance from employees of Lehigh County Prison on the evening of January 4, 2012. Defendants were entitled to rely on, and did, in fact, rely on Plaintiffs’ representations, even if made to another party, when preparing for trial. Learning that Plaintiffs intended to call a wit-ness who would testify that on the evening of January 4, 2012, Travis was exhibiting asthmatic symptoms, and that both the witness and Travis requested help but did not receive any, is the epitome of surprise.

In addition, Defendants were unfairly prejudiced by the late notice of the witness. Appellate courts find prejudice to exist when there is no time to prepare or adequately respond to surprise tes-timony. See Kurian ex rel. Kurian v. Anisman, 851 A.2d 152 (Pa. Super. 2004); Smith v. Southeastern Pennsylvania Transportation Authority, 913 A.2d 338 (Pa. Commw. 2006). Defendants received notice of Plaintiffs’ intention to call Cardano on March 13, 2015, along with his name and address. However, it was not until March 18, 2015, two business days prior to the start of trial, that Defen-dants were notified of the proposed purpose and anticipated tes-timony for which Cardano was being called.

At that point in time, Defendants’ experts had rendered opinions, not based on the absence of evidence regarding asth-matic symptoms as Plaintiffs suggest, but instead upon the existence

21


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of contrary evidence by other witnesses and medical records that indicated Travis was not exhibiting physical manifestations of asthma (via vital signs and appearance). To allow the testimony of a witness who undermines Defendants’ entire case without suffi-cient time for Defendants’ experts to evaluate how the new fac-tual circumstances possibly impact their opinions is unfairly preju-dicial to Defendants.

This leads us to the second factor: the ability of the Defen-dants to cure the prejudice. Defendants attempted to cure the prejudice in the only manner they could by requesting a continu-ance of the trial. We denied the request for continuance for the reasons set forth in our analysis of the third factor below. With the continuance of trial denied, Defendants’ prejudice was irreversible.

Even assuming Defendants were capable of completing a deposition of Cardano prior to trial, Defendants would not have had time to gather information prior to the deposition to make it meaningful. Time was required to investigate whether the witness was subject to impeachment or otherwise credible. Cardano’s testimony was inconsistent with every other person that had contact with Travis on January 4, 2012; and, in addition, Cardano described a correctional officer who had contact with both Travis and Car-dano and allegedly denied Travis access to medical help. To allow Cardano’s testimony without the time or opportunity to investigate the substance of his statements would have been unfairly prejudi-cial to Defendants.

In order to challenge Cardano’s testimony, Defendants would require time to receive and examine prison records and medical records related to Cardano, as well as time to investigate addi-tional people, including the unidentified correctional officer. Further, additional information might have been sought by De-fendants in order to differentiate the physical manifestations of asthma versus the physical manifestations of heroin withdrawal, which Travis was experiencing. Without the continuance of trial, the prejudice against Defendants was irreversible.

As to the third factor, allowing Cardano to testify would have disrupted the orderly and efficient trial of the case and the other cases before this court. In order to cure the prejudice suffered by

22


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Defendants as a result of Cardano’s surprise testimony, such a significant amount of time would have been required that the only alternative would have been to continue the trial, not simply delay the commencement of the trial by a few days. It should be noted that the jury was selected as of March 23, 2015. N.T. March 23, 2015, p. 31.

This case was originally attached for trial on November 10, 2014, by order of court dated April 24, 2013. On February 6, 2014, upon stipulation of the parties, the trial date in this matter was continued to March 23, 2015. See Orders of Court filed with the Clerk of Judicial Records—Civil Division on February 6 and 12, 2014. The court schedule could not accommodate a delay in the trial, and, in order to continue the trial, a new trial date would not have been available for over a year.

Because each Pennsylvania county operates its calendar dif-ferently, a description of the calendaring system in Lehigh Coun-ty would help explain why a continuance was not a satisfactory solution.

Cases are assigned to individual judges, so that the judge may guide the discovery and scheduling of a case throughout its en-tirety. This generally leads to more internal consistency in the rulings and a better understanding of the case by the judge, as well as motivation to move the case to conclusion, all desirable features of case management.

Early in the case, case management deadlines are established by the court, and this judge does so only after consultation with counsel. In medical malpractice cases, and other cases of signifi-cance (designated “major cases” in some counties) we give those cases a specialized listing. This method is favored by the civil bar, plaintiff and defense alike, because it allows them to schedule and present expert witnesses in person, rather than by video.

Because we have a 2-week trial term every 6 weeks (the other weeks are filled with family court, custody cases, and miscel-laneous civil matters), that means we can list only 9 to 10 major cases a year. Even with this restriction, we are able to close out our major cases in a period of time which is fair to all parties. But this does mean that if you miss your spot, which has been reserved for

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approximately two years, the next one or two years of opportunity have already been assigned to other cases.

In this case, the trial was originally scheduled for November 10, 2014. See Attachment A. Upon the joint request of the parties, the deadlines were extended and the trial was rescheduled for March 23, 2015. See Attachment B. The new schedule required the court to schedule the matter at a time which had previously been promised to another trial. See Attachment C. We decided to give priority to this case; we advised the parties to the other case that they would not be reached, and the lawyers in the other case released their expert witnesses.

Therefore, to reschedule this case would have meant two cases with lengthy trial attachments would have been continued for a lengthy period of time while precious courtroom time went unused, an inefficient use of judicial resources.

Finally, the fourth factor is whether there was bad faith or willfulness in failing to comply with the court’s order. Plaintiffs knew as of September 17, 2013, the names of all the inmates in Housing Unit 2A of the Lehigh County Prison on the date of this unfortunate incident. However, there is no finding that Plaintiffs’ counsel acted in bad faith or acted with a willful disobedience in failing to comply with the court’s discovery order. Plaintiffs’ coun-sel was not purposely attempting a trial by ambush. We do not have any reason to believe that this eleventh hour offer was the result of poor preparation on the part of Plaintiffs’ counsel, knowing said counsel as hard working and ethical. We note, however, that, al-though the intention of counsel is not questioned, the consequence to Defendants remains unchanged.

In the absence of bad faith, the most significant factors for our consideration are the importance of the witness’ testimony and the prejudice, if any, to the party against whom the witness will testify.

Plaintiffs argue that Cardano’s testimony is of the utmost importance in that it could have helped the jury establish causation. We cannot disagree with Plaintiffs that that possibility exists. How-ever, we do not believe that Cardano’s testimony holds the weight that Plaintiffs give it. Cardano’s testimony, as offered by Plaintiffs’

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counsel, was that of a layperson describing the physical appearance of a man whom he just met and who was experiencing withdrawal from a ten-bag-a-day heroin addiction. The jury would have had to weigh the testimony and credibility of Cardano as being more reliable and valuable than the contrary medical records and medical professionals who evaluated Travis.

Furthermore, the proposed testimony that Travis and Car-dano requested, but did not receive help from a correctional of-ficer, would have been more relevant to proving the liability of Lehigh County, who was no longer a party to this trial, and not as persuasive in establishing causation against PrimeCare and Von Kiel.

We considered and weighed both the importance of Cardano’s testimony as offered by counsel and the irreversible prejudice that Defendants would have suffered in allowing such testimony and found at the time of trial that fairness dictated preclusion of Car-dano’s testimony. After reviewing the law and our analysis more closely at the post-trial stage, we conclude that we did not abuse our discretion.

Accordingly, Plaintiffs’ motion for post-trial relief and request for new trial is denied.

ORDER

AND NOW this 31st day of July, 2015, upon consideration of Plaintiffs’ Motion for Post-Trial Relief filed with the Clerk of Judicial Records—Civil Division on April 6, 2015, Defendants Dennis Erik Von Kiel, D.O. and PrimeCare Medical Incorporated’s response thereto, supporting briefs, argument thereon, and for the reasons set forth in the attached Opinion, IT IS ORDERED that said Motion for Post-Trial Relief is DENIED.

*Please see civil docket 2012-C-5428 for full version of this opinion; exhibits not attached.*

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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

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.

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.

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LEHIGH LAW JOURNAL

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.

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.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.

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LEHIGH LAW JOURNAL

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.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.

SECOND 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.

NewsLine __________________ October 9, 2015

The 2015 Bench Bar Conference

For attending guests, optional Tours and Restaurants are listed below. To reserve your seats please contact:

Rhonda Bastian

Sail Away Events and Travel 484-433-1592

[email protected]

RESTAURANTS (Limited seats have been reserved at the following restaurants at the times noted. There are a number of other

recommended restaurants in the area which do not require reservations and welcome walk-ins)

One Lincoln Food and Spirits 7PM

Chef Joseph Holmes describes his finely crafted One Lincoln fare as "casual comfort." We call it simply extraordinary. The enticing lunch and dinner menus offer a great variety of fresh salads, sandwiches and entrees. Signature dishes of inspired comfort foods include three onion soup with provolone, gruyere and French bread croutons, Maryland crab macaroni & cheese, stuffed breast of chicken with mushroom risotto and pan gravy.

Farnsworth House Inn 7PM

The Main Dining Room located in the original 1810 home offers casual fine dining with many great period fare options. If you are looking for a more casual atmosphere to relax and enjoy a house specialty cocktail try Sweney's Tavern where we also have on display memorabilia from the movie "Gettysburg".

Dobbin House 6:45PM

Dine in Gettysburg PA's Oldest, Most Historic Home "...Beautifully and Authentically Restored" and open to the public as a colonial restaurant.Four Score and Seven years before the Civil War Battle of Gettysburg, (1776), Reverend Alexander

NewsLine 2

Dobbin built a house to begin a new life in America for himself and his family. Today his home, listed on the National Register of Historic Places, is a colonial restaurant where candlelit elegance, superior food in abundance, and gracious service bring back the sights, sounds and tastes of two centuries ago. It consistently wins Mobil Guide's highest area rating. The friendly hospitality of the Dobbin House extends to the Springhouse Tavern, Gettystown Bed and Breakfast, Country Curiosity Store, Abigail Adams Ballroom, in-house bakery and secret "underground railroad" slave hideout.

TOURS Gettysburg Battlefield Tour with Terry Fox, Licensed Battlefield Guide. Mr. Fox offers a great 3 hour tour covering the 3 days of the battle. Pickup at Wyndham Hotel at 2PM with return to Hotel 5:15-5:30PM. $40 per person

Walking Tour of Historic Gettysburg with town historian Kevin Srensits. The 90 minute Walking tour of Historic Gettysburg, relates the Civil's experiences before, during and after the 3 day battle and also discusses President Lincoln's visit. 2PM

Hickory Hollow Horseback Tours on Gettysburg Battlefield 2 hour Narrative Tour 4:30-6:30PM. Must be there by 4PM and responsible for your own transportation. $70 per person

Ghosts of Gettysburg Do You Believe in Ghosts?

Of all the forlorn, countless souls awash in time, none reach out to us more than those of the dead at Gettysburg. They were young men, mostly, with hopes for a bright future and moved by sincere patriotic dreams, caught up and cruelly thrown down again, in the great, hot whirl of mortal combat. Their presence on earth was silenced forever by death. Or maybe not . . .

Any guests still interested in attending the Bench Bar Conference: The Wyndham Gettysburg hotel has graciously offered to accept any last-minute reservations, based on

room availability. Please contact the hotel directly at 717-339-0020.

NewsLine 3

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 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 9, 2015

BALC LUNCH AND LEARN SEMINAR

“Divorce Master’s Rules of Thumb and Procedural Update”

Presented by: John Roberts, III, Esq. Monday, October 12, 2015

At this seminar, Divorce Master, John Roberts, III, will review State and Local Rule changes regarding procedure and practice before him. He will give guidance on things he is looking for when presented with divorce and equitable distribution issues in proceedings in his office.

Learn about some do’s and don’ts, what’s important and what’s not and get a general update on what his procedures and expectations from you are.

Bring your questions to this interactive seminar.

John E. Roberts, III, Esq., Lehigh County Family Court Master, received a B.A. from the University of Delaware in 1990 and his J.D. from Cornell Law School in 1993. He served as law clerk for the Hon. Robert A. Freedberg in Northampton County in 1993 and 1994. After the clerkship he engaged in private practice until his appointment as Family Court Master for Lehigh County in 2002.

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

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]

PBI Group Cast Seminar “The Changing Landscape: Issues beyond Marriage

for the LBGT Pennsylvanian” Wednesday, October 14, 2015

Marriage laws have a ripple effect on rights and privileges spanning many practice areas. As Pennsylvania acknowledges marriage equality for opposite and same-sex couples, lawyers with individuals or businesses as clients must update their practices. Get the information you need to offer current advice as the legal landscape settles.

Registration and Breakfast: 8:00 AM Seminar: 8:30 AM – 11:45 AM

2 Substantive & 1 Ethics Credits (Integrated) Early tuition: $199.00; Walk-in tuition: $224.00

To Register Call PBI @ 1.800.932.4637

CLE Update 2

PBI Group Cast Seminar “The Cybersleuth’s Guide to the Internet”

Thursday, October 15, 2015 Listen and learn from the experts as they show you how to be a cybersleuth and unearth FREE information on the NET that will give you the advantage in your next case. Carole Levitt and Mark Rosch are internationally recognized internet experts. They will teach techniques that will help you become a master of the internet search.

• Don’t compromise your case by failing to “Google” as part of your due diligence process

• Uncover some of the best research strategies in free public sites used for discovery, trial preparation, background checks, business transactions and finding missing persons for your case

• Get tips on how to overcome evidentiary issue • Keep on top of your research using free alerts • Discover Casemaker – a federal and state legal research

database Search the Net like you are a private investigator:

• Dig up dirt about the opposing party; Locate missing persons; Track down altered or deleted web pages

• Glean private or personal information from search engines, blogs or discussion groups; Develop and fine tune your internet investigative search strategies

• Discover new uses for Twitter, Facebook, MySpace, Google+ and Linkedin

As an extra “bonus”, you will take with you, for free, the latest edition of the over 400 page book by PBI’s presenters, “The Cybersleuth’s Guide to the Internet” (a $64.95 value).

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 4:30 PM; 6 Substantive Credits

Boxed Lunch included with tuition Early tuition: $349.00; Walk-In tuition: $374.00


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.


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

CLE Update 3

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



CLE Update 4

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.




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 5

BALC LUNCH AND LEARN SEMINAR “Again?!? We Heard (Some of) this Before!

Some Need to Hear it Again (and Again)” Presented by: Hon. Richard E. Fehling

Friday, November 6, 2015

BALC is lucky to have frequent presenter Judge Richard E. Fehling from the U.S. Bankruptcy Court come back for another hour of tips and updates. 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!

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.


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 6

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]

CLE Update 7

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.



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 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.

[ ] October 12: “Divorce Master’s Rules of Thumb and Procedural Update”

Lunch: 11:45 AM; Seminar: 12:15 – 1:15 PM

[ ] November 6: “Again!? We Heard (Some of) this Before! Some Need to Hear it Again (and Again)” 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

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

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

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 7 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 8

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

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LEHIGH LAW JOURNAL

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.

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.

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LEHIGH LAW JOURNAL

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.

THIRD PUBLICATION

Carvalho, Cynthia F., dec’d.Late of the City of Bethlehem.Administratrix: Samantha Fay Schiffert c/o Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.Attorneys: Robert H. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.

Csrnko, Helen, dec’d.Late of Lower Macungie Twp.Administrator D.B.N.C.T.A.: Christopher Adam Kohles c/o David R. White, Jr., Esq., 1801 Market St., Ste. 1100, Philadel-phia, PA 19103.Attorneys: David R. White, Jr., Esquire, Fineman, Krekstein & Harris, Ten Penn Center, 1801 Market St., Ste. 1100, Philadel-phia, PA 19103.

Fritz, Richard C., dec’d.Late of Bethlehem City.

Executrix: Susan M. Snyder a/k/a Susan Michelle Snyder, 2230 Worthington Avenue, Bethlehem, PA 18017.Attorney: E. Keller Kline, III, Esquire, 731 W. Turner Street, Allentown, PA 18102.

Haas, Lorraine M., dec’d.Late of Whitehall Township.Administratrix: Winona N. Schappell c/o Andrew V. Schantz, Esquire, Davison & McCarthy, P.C., 702 Hamilton St., Ste. 300, Allentown, PA 18101.Attorneys: Andrew V. Schantz, Esquire, Davison & McCarthy, P.C., 702 Hamilton St., Ste. 300, Allentown, PA 18101.

Hirschel, Lenora D., dec’d.Late of Whitehall Township. Executor: Eugene B. Hirschel c/o Quintes D. Taglioli, Esquire, 121 N. Cedar Crest Blvd., Al-lentown, PA 18104.Attorney: Quintes D. Taglioli, Esquire, 121 N. Cedar Crest Blvd., Allentown, PA 18104.

Hodge, Patrick J., Sr., dec’d.Late of Allentown.Trust of Patrick J. Hodge, Sr.Trustee: Patrick J. Hodge, Jr., 1484 S. Jefferson Street, Allen-town, PA 18103.Attorney: William S. Ravenell, Esq., 166 Allendale Road, King of Prussia, PA 19406.

Kaercher, Carolyn C. a/k/a Carolyn B. Kaercher a/k/a Carolyn Betty Casselberry, dec’d.Late of Allentown.Co-Executors: Suzanne E. Rep-pert a/k/a Suzanne Reppert and David C. Kaercher a/k/a David Kaercher c/o Bruce W. Weida, Esq., 245 Main Street, Emmaus, PA 18049.

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LEHIGH LAW JOURNAL

Attorney: Bruce W. Weida, Esq., 245 Main Street, Emmaus, PA 18049.

Kesling, Patricia M. a/k/a Patri-cia L. Kesling, dec’d.Late of the City of Allentown.Executor: Richard F. Kesling c/o Littner, Deschler & Littner, 512 North New Street, Bethle-hem, PA 18018.Attorneys: Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.

Lohrman, Leon V., dec’d.Late of Weisenberg Township.Executrix: Susan J. Solt c/o Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051.Atorney: Jon A. Swartz, Es-quire, 7736 Main Street, Fogels-ville, PA 18051.

Marvin, William Scott a/k/a Wil-liam S. Marvin, dec’d.Late of Bethlehem.Administratrix: Jane E. Marvin c/o Jeffrey F. Hussar, Esquire, 946 Third Street, Whitehall, PA 18052.Attorney: Jeffrey F. Hussar, Esq., 946 Third Street, White-hall, PA 18052.

Rabenold, Beatrice M., dec’d.Late of Allentown, South White-hall Township.Executor: Keith R. Helfrich a/k/a Keith Helfrich 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.

NOTICE OF INCORPORATION

NOTICE IS HEREBY GIVEN that Articles of Incorporation have been (are to be) filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, 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:THE WOODLING CORPORATION

T. BENJAMIN TRAUD, ESQ.3055 College Heights Blvd.Ste. 2AAllentown, PA 18104

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INDIVIDUAL 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: McINTYRE LAWN SER-VICES with its principal place of business at: 207 Hill St., Slatington, PA 18080.

The name and address of the per-son owning or interested in said business is Matthew J. McIntyre, 207 Hill St., Slatington, PA 18080.

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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

32

LEHIGH LAW JOURNALthe assumed or fictitious name, style or designation of

Name: ALLENTOWN DIAGNOS-TIC IMAGING with its principal place of business at: 1146 S. Cedar Crest Boulevard, Suite 100, Allentown, PA 18103.

The name and address of the en-tity owning or interested in said busi-ness is: Open Air MRI of Allentown, LLC, 1146 S. Cedar Crest Boulevard, Suite 100, Allentown, PA 18103.MARK D. AURAND, ESQ.DAVISON & McCARTHY, P.C.702 Hamilton StreetSuite 300Allentown, PA 18101

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CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2015 C 3044

NOTICE IS HEREBY GIVEN that on October 1, 2015, the Petition of William Perry Michaelson for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Peti-tioner from William Perry Michaelson to William Perry Stevens.

The Court has fixed November 23, 2015 at 9:30 A.M. in Courtroom No. 2B, Lehigh County Courthouse, Al-lentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.

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CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2015-c-2994

NOTICE IS HEREBY GIVEN that on September 25, 2015, the Petition

of Jennifer Montero for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Jennifer Montero to Jennifer Metzger.

The Court has fixed November 16, 2015 at 9:30 A.M. in Courtroom No. 5C, Lehigh County Courthouse, Al-lentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.

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NOTICE OF SHERIFF’S SALE

In the Court of Common Pleas of Lehigh County, Pennsylvania

NO. 2014-C-3855

GREEN TREE SERVICING LLCvs.

VERONICA HOFFMAN, IN HER CAPACITY AS HEIR OF

EVELYN P. GEIST, DECEASED, CHRISTOPHER GEIST, IN HIS

CAPACITY AS HEIR OF EVELYN P. GEIST, DECEASED and UNKNOWN

HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR

ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER EVELYN P.

GEIST, DECEASED

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR AS-SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER EVELYN P. GEIST, DE-CEASEDBeing Premises: 1204 WEST GOR-

DON STREET a/k/a 1202 WEST GORDON STREET, ALLENTOWN, PA 18102-5617.

Being in the City of Allentown, County of LEHIGH, Commonwealth of Pennsylvania, 549771429813 1.

33

LEHIGH LAW JOURNALImprovements consist of residen-

tial property.Sold as the property of VERONICA

HOFFMAN, IN HER CAPACITY AS HEIR OF EVELYN P. GEIST, DE-CEASED, CHRISTOPHER GEIST, IN HIS CAPACITY AS HEIR OF EVELYN P. GEIST, DECEASED and UN-KNOWN HEIRS, SUCCESSORS, AS-SIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER EVELYN P. GEIST, DE-CEASED.

Your house (real estate) at 1204 WEST GORDON STREET a/k/a 1202

WEST GORDON STREET, ALLEN-TOWN, PA 18102-5617 is scheduled to be sold at the Sheriff ’s Sale on December 18, 2015 at 10:00 A.M., at the LEHIGH County Courthouse, 455 West Hamilton Street, Allentown, PA 18101-1614, to enforce the Court Judgment of $66,340.01 obtained by, GREEN TREE SERVICING LLC (the mortgagee), against the above prem-ises.PHELAN HALLINAN DIAMOND & JONES, LLPAttorneys for Plaintiff

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LEHIGH LAW JOURNAL

SHERIFF’S SALE OF VALUABLE REAL ESTATE

———The following Real Estate will be

sold at Sheriff ’s Sale At 10:00 A.M.

Friday, October 23, 2015

in the Courthouse, Fifth and Hamilton Streets

Allentown, Pennsylvania.

Purchasers Must Immediately Pay 10% of the Purchase Price by

Certified Check.TO ALL PARTIES IN INTEREST

AND CLAIMANT:Upon all sales where the filing of

a Schedule of Distribution is re-quired, the said Schedule will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale, and a Deed will be delivered to the PURCHASER and distribution will be made in accor-dance with the Schedule unless ex-ceptions are filed thereto within ten (10) days thereafter.

On sales where the filing of a Schedule of Distribution is not re-quired, a Deed will be delivered to the PURCHASER after the expiration of twenty (20) days from the date of sale, unless exceptions are taken to the sale within that period.

NO. 1

By virtue of a writ of execution No. 2007-C-12, Deutsche Bank National Trust Company, As Trustee for Mor-gan Stanley ABS Capital 1, Inc., Trust 2002-NC6, Mortgage Pass-Through Certificates, Series 2002-NC6 v. Lisa M. Grays, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 527 Liberty Street a/k/a 527 West Liberty Street, Allentown, PA 18102-2949.

Tax Assessment No. 640703729-885-1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan

Diamond & Jones, LLP

NO. 2

By virtue of a writ of execution No. 2014-C-3658, Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mort-gage, Inc. f/k/a Norwest Mortgage, Inc. v. Michael Mille, Carrianne V. Downey a/k/a Carrianne E. Downey, owners of property situate in the City of Bethlehem, Lehigh County, Penn-sylvania, being 1430 Elliott Avenue, Bethlehem, PA 18018-4718.





NO. 3

By virtue of a writ of execution No. 2014-C-3777, Bayview Loan Servic-ing, LLC v. Jean I. Gellis, Frank G. Gellis, owners of property situate in the Township of Washington, Lehigh County, Pennsylvania, being 8811 North Loop Road, Slatington, PA 18080-3608.





NO. 4

By virtue of a writ of execution No. 2014-C-3452, JPMorgan Chase Bank, N.A. v. Timothy V. Taylor;

35

LEHIGH LAW JOURNALKimberly Taylor, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsyl-vania, being 6515 Pioneer Drive, Macungie, PA 18062-8433.




Diamond & Jones LLC

NO. 5

By virtue of a writ of execution No. 2015-C-558, LSF8 Master Participa-tion Trust v. Unknown Heirs, Suc-cessors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Shirley A. Sandt, Deceased, owners of property situate in the Township of Salisbury, Lehigh County, Penn-sylvania, being 821 East Rock Road, Allentown, PA 18103-7528.





NO. 6

By virtue of a writ of execution No. 2015-C-1048, Ocwen Loan Servicing, LLC v. William R. Wood, Jr., Cathe-rine L. Wood, owners of property situate in the Township of Lynn, Lehigh County, Pennsylvania, being 5831 Long Court, New Tripoli, PA 18066-2316.





NO. 7

By virtue of a writ of execution No. 2015-C-0967, Wells Fargo Bank, N.A. v. Cindy V. Moncif, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 1004 West Juniata Street a/k/a 1002-1006 West Juniata Street, Al-lentown, PA 18103-3925.





NO. 8

By virtue of a writ of execution No. 2014-C-1583, JPMorgan Chase Bank, N.A. v. Michael Welz, William J. Welz (Deceased), owners of prop-erty situate in the Township of Upper Saucon, Lehigh County, Pennsylva-nia, being 5966 Saratoga Lane, Coo-persburg, PA 18036.


Improvements thereon: Residen-tial Property.

Attorney Michael T. McKeever, Esquire

NO. 9

By virtue of a writ of execution No. 2014-C-3604, Nationstar Mortgage LLC v. Elias Fechas and Ana Maldo-nado, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 216 North Franklin Street, Allentown, PA 18102.




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LEHIGH LAW JOURNAL

NO. 10

By virtue of a writ of execution No. 2014-C-3728, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP v. Carolann J. Deleon aka Carolann Jude Deleon nka Michelle Holvik, owner of prop-erty situate in the Township of North Whitehall, Lehigh County, Pennsyl-vania, being 3179 Westwood Place, Orefield, PA 18069.



Attorney Robert W. Williams, Esquire

NO. 11

By virtue of a writ of execution No. 2014-C-3933, Federal National Mort-gage Association v. Kevin A. Bills, owner of property situate in the City of Catasauqua, Lehigh County, Penn-sylvania, being 118 Union Street, Catasauqua, PA 18032.



Attorneys McCabe, Weisberg and Conway, P.C.

NO. 12

By virtue of a writ of execution No. 2015-C-0060, LSF8 Master Participa-tion Trust v. Geraldine B. Barrett, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 234 S. 13th Street, Allentown, PA 18102.



Attorneys Richard M. Squire, Esquire

Richard M. Squire & Associates, LLC

NO. 13

By virtue of a writ of execution No. 2015-C-0416, JPMorgan Chase Bank, National Association v. Fran-cisco Rodriguez, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 320 North Fulton Street, Allentown, PA 18102.



Attorney Christopher A. DeNardo, Esquire

NO. 14

By virtue of a writ of execution No. 2014-C-3616, PNC Bank, National Association v. Denise Colon, owner of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 517 North 21st Street a/k/a 517 North Twenty First Street, Allentown, PA 18104.

Tax Assessment No. 549720102-528.

Improvements thereon: Residen-tial Dwelling House.

Attorneys Udren Law Offices, P.C.

NO. 15

By virtue of a writ of execution No. 2015-C-1159, Wells Fargo Bank, N.A. v. Luis D. Santiago, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 319 South Saint Cloud Street, Al-lentown, PA 18104-6729.





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LEHIGH LAW JOURNAL

NO. 16

By virtue of a writ of execution No. 2015-C-0058, JPMorgan Chase Bank, National Association v. Benja-min P. Sherwood, owner of property situate in the Township of Washing-ton, Lehigh County, Pennsylvania, being 7271 PA Route 873, Slatington, PA 18080.



Attorney Bradley J. Osborne, Esquire

NO. 17

By virtue of a writ of execution No. 2015-C-1189, Nationstar Mortgage LLC v. Dhandeo Mohabir, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 23 South Brook Street, Allen-town, PA 18109.




NO. 18

By virtue of a writ of execution No. 2015-C-485, Citimortgage, Inc. v. Bertha Garay, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 706 N. Kiowa Street, Allentown, PA 18109.




NO. 19

By virtue of a writ of execution No. 2015-C-0640, Wells Fargo Bank, N.A. s/b/m to Wells Fargo Home Mort-gage, Inc. v. Unknown Heirs, Succes-sors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Ilene Weiser, Deceased, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 49 North Jefferson Street, Allentown, PA 18103-4318.





NO. 20

By virtue of a writ of execution No. 2015-C-1140, Wells Fargo Financial Pennsylvania, Inc. v. Crystal E. Stea-ger a/k/a Crystal Walker, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 671 Dixon Street, Allentown, PA 18103-4979.





NO. 21

By virtue of a writ of execution No. 2013-C-1000, Bank of America, N.A., As Successor by Merger to BAC Home Loans Servicing, LP f/k/a Country-wide Home Loans Servicing, LP v. Jo-Ann E. Vegas, Eric S. Vegas, own-ers of property situate in the Town-ship of Upper Saucon, Lehigh Coun-ty, Pennsylvania, being 1951 Oakhurst Drive, Center Valley, PA 18034-9468.

38

LEHIGH LAW JOURNALTax Assessment No. 642519949-

423-1.Improvements thereon: Residen-

tial Dwelling.Attorneys

Phelan Hallinan Diamond & Jones, LLP

NO. 22

By virtue of a writ of execution No. 2012-C-2847, Deutsche Bank Na-tional Trust Company, As Trustee of the Indymac INDX Mortgage Loan Trust 2006-AR14, Mortgage Pass-Through Certificates, Series 2006-AR14 Under the Pooling and Servic-ing Agreement Dated October 1, 2006 v. Francis John Donchez and Cath-erine M. Donchez, owners of prop-erty situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 1921 Rockingham Drive, Bethlehem, PA 18018.




NO. 23

By virtue of a writ of execution No. 2014-C-13, HSBC Bank USA, N.A. v. Bryce Hunsicker a/k/a Bryce M. Hunsicker, Kathy Hunsicker a/k/a Kathy L. Hunsicker, owners of prop-erty situate in the Borough of Ca-tasauqua, Lehigh County, Pennsyl-vania, being 205 Church Street, Catasauqua, PA 18032.




NO. 24

By virtue of a writ of execution No. 2015-C-0163, The Bank of New York

Mellon f/k/a The Bank of New York, As Trustee for the Certificateholders of CWABS Inc., Asset-Backed Cer-tificates Series 2007-2 v. Annel Stephan Norgaisse, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 507 North Jordan Street, Allentown, PA 18102.




NO. 25

By virtue of a writ of execution No. 2010-C-1417, Bayview Loan Servic-ing, LLC, a Delaware Limited Liabil-ity Company v. Teresita Perez and Teresa Mora, owners of property situate in the City of Allentown, Le-high County, Pennsylvania, being 633 North Quebec Street, Allentown, PA 18109.




NO. 26

By virtue of a writ of execution No. 2014-C-3782, Bank of America, N.A. v. Rafael D. Urena Gonzalez, owner of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 1254 Lehigh Street, Al-lentown, PA 18103.




39

LEHIGH LAW JOURNAL

NO. 27

By virtue of a writ of execution No. 2015-C-727, JPMorgan Chase Bank, National Association v. Susan J. Shreiner, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 2229 West Columbia Street, Allen-town, PA 18104.




NO. 28

By virtue of a writ of execution No. 2015-C-825, Nationstar Mortgage LLC v. Haze McElhenny, Executrix of the Estate of Don C. Cerrato, De-ceased, owner of property situate in the Borough of Fountain Hill, Lehigh County, Pennsylvania, being 524 South Bergen Street, Fountain Hill, PA 18015.



Attorney LeeAne O. Huggins, Esquire

NO. 29

By virtue of a writ of execution No. 2015-C-960, LSF8 Master Participa-tion Trust v. Scott M. Buck and Debra J. Buck, owners of property situate in the City of East Texas, Lehigh County, Pennsylvania, being 5758 Lower Macungie Road, East Texas, PA 18046.




NO. 30

By virtue of a writ of execution No. 2013-C-3154, Citimortgage, Inc. v. Jeffrey P. Harakal, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1630 North Irving Street, Allentown, PA 18109.




NO. 31

By virtue of a writ of execution No. 2013-C-2393, Bank of America, N.A. v. Jane E. Schunk, owner of prop-erty situate in the Borough of Ca-tasauqua, Lehigh County, Pennsyl-vania, being 336 Mulberry Street, Catasauqua, PA 18032.



Attorney Jessica N. Manis, Esquire

NO. 32

By virtue of a writ of execution No. 2012-C-1059, Citimortgage, Inc. v. Randy White, Wanda Allen Pledger a/k/a Wanda L. White, owners of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 2035 South Front Street, Al-lentown, PA 18103-5334.





40

LEHIGH LAW JOURNAL

NO. 33

By virtue of a writ of execution No. 2015-C-1254, Mortgage America, Inc. v. Anita Roper and Joseph B. Roper Sr., owners of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 938 Nittany Court, Allentown, PA 18104.



Attorneys Martha E. Von Rosenstiel, P.C.

NO. 34

By virtue of a writ of execution No. 2015-C-872, PNC Bank, National Association v. Adam J. Schiaffo, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 1340 South Fountain Street, Allentown, PA 18103.




NO. 35

By virtue of a writ of execution No. 2015-C-1033, Nationstar Mortgage LLC v. Jeffrey T. Lucien and Michele A. Lucien a/k/a Michelle A. Lucien, owners of property situate in the Borough of Slatington, Lehigh Coun-ty, Pennsylvania, being 426-428 West Franklin Street, Slatington, PA 18080.


Improvements thereon: A residen-tial dwelling.

Attorneys Victoria W. Chen, Esquire

KML Law Group, P.C.

NO. 36

By virtue of a writ of execution No. 2014-C-3001, Merchants Bank of Bangor f/k/a Merchants National Bank v. Joseph A. Setton and Ruth K. Setton, His Wife, owners of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 544 Pine Street, Allentown, PA.


Improvements thereon: Single Family Home.

Attorney Alfred S. Pierce, Esquire

NO. 37

By virtue of a writ of execution No. 2014-C-3009, Merchants Bank of Bangor f/k/a Merchants National Bank v. Joseph A. Setton and Ruth K. Setton, His Wife, owners of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 1817 W. Greenleaf Street, Allentown, PA.


Improvements thereon: Single Family Twin Home.


NO. 38

By virtue of a writ of execution No. 2014-C-3010, Merchants Bank of Bangor f/k/a Merchants National Bank of Bangor v. Joseph A. Setton and Ruth K. Setton a/k/a Ruth Set-ton, His Wife, owners of property situate in the City of Allentown, Le-high County, Pennsylvania, being 958 W. Linden Street, Allentown, PA.


Improvements thereon: Office Building.


41

LEHIGH LAW JOURNAL

NO. 39

By virtue of a writ of execution No. 2014-C-3011, Merchants Bank of Bangor f/k/a Merchants National Bank of Bangor v. Joseph A. Setton and Ruth K. Setton, His Wife, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 1635 W. Pennsylvania Street, Allentown, PA.




NO. 40

By virtue of a writ of execution No. 2014-C-3012, Merchants Bank of Bangor f/k/a Merchants National Bank of Bangor v. Joseph A. Setton and Ruth K. Setton, His Wife, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 312 N. Lumber Street, Allentown, PA.




NO. 41

By virtue of a writ of execution No. 2014-C-2239, Citimortgage, Inc. Successor by Merger to ABN AMRO Mortgage Group Inc. v. Dale A. Cogan and Tracy L. Cogan, owners of prop-erty situate in the Township of Upper Saucon, Lehigh County, Pennsylva-nia, being 5407 Locust Valley Road, Coopersburg, PA 18036.



Attorneys Powers, Kirn & Associates, LLC

NO. 42

By virtue of a writ of execution No. 2013-C-3184, U.S. Bank National Association, As Trustee for the Penn-sylvania Housing Finance Agency v. The Unknown Heirs of Bryn A. How-ells n/k/a Bryn A. Smith, Deceased, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 7569 Buttercup Road, Macungie, PA 18062.


Improvements thereon: A residen-tial dwelling house.

Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller

NO. 43

By virtue of a writ of execution No. 2010-N-362, QNB Bank, Successor to the Quakertown National Bank v. John D. Hicks IV, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1324 W. Hamilton Street, Allentown, PA.


Improvements thereon: Commer-cial property.

Attorneys Michael R. Nesfeder, Esquire

Fitzpatrick Lentz & Bubba, P.C.

NO. 44

By virtue of a writ of execution No. 2015-N-232, Wayne Bank v. Shafiq A. Sheikh and Center Valley Logis-tics, LLC, owners of property situate in the Township of Upper Saucon, Lehigh County, Pennsylvania, being 4942 Route 309, Upper Saucon Township, PA.

42


876-1.Improvements thereon: Motel and

Trailer Park.Attorney

John J. Martin, Esquire

NO. 45

By virtue of a writ of execution No. 2009-ML-1071, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Joseph Gallo and Darla Anna Gallo, owners of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 2013-2017 Allen Street, Allentown, PA 18104.



Attorneys James R. Wood, Esquire

Portnoff Law Associates, Ltd.

NO. 48

By virtue of a writ of execution No. 2014-ML-2066, Allentown School District v. Ana Cespedes, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 2216 S. Poplar Street, Allen-town, PA 18103.



Attorneys James R. Wood, Esquire

Portnoff Law Associates, Ltd.

NO. 50

By virtue of a writ of execution No. 2014-N-1238, Cedar Crest Associates

L.P. by Its General Partner: Cedar Crest GP LLC and by Its Agent: Brix-mor Porperty Group v. Charles B. Frace and Diane Frace, h/w, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 2304 S. 2nd Street, Al-lentown, PA 18103.


Improvements thereon: Residen-tial; single family dwelling—twin.

Attorneys Dana S. Plon, Esquire

Sirlin Lesser & Benson, P.C.

NO. 51

By virtue of a writ of execution No. 2015-C-1118, The Bank of New York Mellon fka The Bank of New York, As Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Cer-tificates, Series 2007-3 c/o Special-ized Loan Servicing LLC v. Deorah L. Creyer and Michael D. Creyer, own-ers of property situate in the Borough of Catasauqua, Lehigh County, Penn-sylvania, being 752 3rd Street, Ca-tasauqua, PA 18032.


Improvements thereon: Dwelling.Attorneys

Richard J. Nalbandian, III, Esquire Parker McCay PA

NO. 52

By virtue of a writ of execution No. 2015-C-546, Wells Fargo Bank, N.A. v. Thomas R. Martin, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 2413 S. Alice Street, Allentown, PA 18103.

Tax Assessment No. 640650846-754-1 and 640650848428-1.



43

LEHIGH LAW JOURNAL

NO. 53

By virtue of a writ of execution No. 2014-C-3407, Citimortgage, Inc. v. Luis A. Baez and Luiz A. Baez, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 122 North Ellsworth Street, Allentown, PA 18109.




NO. 54

By virtue of a writ of execution No. 2014-C-4038, Nationstar Mortgage LLC v. Erling Santos and Olga M. Santana, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 918 North 4th Street, Allentown, PA 18102.




NO. 55

By virtue of a writ of execution No. 2015-C-1549, HRB Mortgage Hold-ings LLC v. Angel Samuel Mata-moros, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 534-536 North 9th Street, Allentown, PA 18102.




NO. 56

By virtue of a writ of execution No. 2015-C-495, Wells Fargo Bank, N.A. v. Aerevyn Harteis, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 218 East Tioga Street, Allentown, PA 18103-5170.





NO. 57

By virtue of a writ of execution No. 2015-C-0333, Citibank, N.A. As Trustee for Chase Funding Mortgage Loan Asset-Backed Certificates Se-ries 2002-4 v. Clifford B. Lick, Jr, in His Capacity As Heir of Clifford B. Lick, Sr., Deceased, Jeremy Lick, in His Capacity As Heir of Clifford B. Lick, Sr., Deceased; Stacy Smith, in Her Capacity As Heir of Clifford B. Lick, Sr., Deceased; Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Clifford B. Lick, Sr., Deceased, own-ers of property situate in the Town-ship of Lower Macungie, Lehigh County, Pennsylvania, being 5687 North Walnut Street, Macungie, PA 18062-1320.





NO. 58

By virtue of a writ of execution No. 2014-C-2989, The Bank of New York

44

LEHIGH LAW JOURNALMellon Trust Company, National As-sociation fka The Bank of New York Trust Company, N.A. As Successor to JPMorgan Chase Bank, N.A., As Trustee for Residential Asset Mort-gage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-RS2 v. Cesar A. Quinto, Rosa A. Quinto, owners of property situate in the Borough of Fountain Hill, Lehigh County, Pennsylvania, being 576 South Benner Avenue, Fountain Hill, PA 1805-2705.





NO. 59

By virtue of a writ of execution No. 2013-C-4591, U.S. Bank National Association, As Trustee for Prof-2013-S3-Remic Trust III v. Donna Shipwash a/k/a Donna Lee Ship-wash a/k/a Donna L. Shipwash, Kelly Heyer a/k/a Kelly Sue Heyer a/k/a Kelly Sue Shipwash, owners of property situate in the Township of Washington, Lehigh County, Penn-sylvania, being 6295 Venture Court, Slatington, PA 18080.




NO. 60

By virtue of a writ of execution No. 2013-C-3755, JPMorgan Chase Bank, National Association v. Greg-ory L. Eckman and Sara M. Eckman, owners of property situate in the City of Bethlehem, Lehigh County, Penn-sylvania, being 1532 West Union Boulevard, Bethlehem, PA 18018.




NO. 61

By virtue of a writ of execution No. 2009-C-5955, Deutsche Bank Na-tional Trust Company As Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE7, Mortgage Pass-Through Certificates, Series 2006-HE7 v. Pedro D. Rios, Loveidy Pineda, owners of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 2934 Klein Street, Allentown, PA 18103-7451.





NO. 62

By virtue of a writ of execution No. 2013-C-1114, Wells Fargo Bank, N.A. v. James Bradley, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 918 W. Green Street, Allentown, PA 18102.



Attorneys Jessica N. Manis, Esquire

Powers, Kirn & Associates, LLC

NO. 63

By virtue of a writ of execution No. 2014-C-475, Santander Bank, N.A. v. Michael A. Strohl a/k/a Michael Strohl, owner of property situate in

45

LEHIGH LAW JOURNALthe Township of Washington, Lehigh County, Pennsylvania, being 4237 Clover Hollow road, Slatington, PA 18080-3740.





NO. 64

By virtue of a writ of execution No. 2014-C-2706, HSBC Bank USA, Na-tional Associaiton, As Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2003-OP1 v. Julia Dweck, Sheppard S. Dweck, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 2920 West Highland Street, Allentown, PA 18104-3522.





NO. 65

By virtue of a writ of execution No. 2015-C-1267, Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, National Association v. Katherine A. Sebastion-elli a/k/a Catherine Sebastionelli, in Her Capacity As Executrix of the Estate of Frank L. Sebastionelli, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 517 Mohawk Street a/k/a 513-517 Mohawk Street, Al-lentown, PA 18103-8602.





NO. 66

By virtue of a writ of execution No. 2013-C-3148, U.S. Bank National Association v. Leroy A. Campbell and Marcia R. Campbell, owners of prop-erty situate in the Township of White-hall, Lehigh County, Pennsylvania, being 5008 Foxdale Drive, Whitehall, PA 18052.



Attorneys Jessica N. Manis, Esquire

Powers, Kirn & Associates, LLC

NO. 67

By virtue of a writ of execution No. 2013-C-2344, Bank of America, N.A. v. Laurie Valenti, Richard J. Valenti, owners of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 2849 Elm Court, Al-lentown, PA 18103-2811.





NO. 68

By virtue of a writ of execution No. 2015-C-0601, 21st Mortgage Corpo-ration, Assignee of Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, Assignee of Residential Funding Real Estate Holdings, LLC, Assignee of Option One Mortgage Corp. v. Christopher J. Abel and Tara L. Abel, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 2057 Strath-more Drive, Lower Macungie Twp., PA.

46


631.Improvements thereon: 2 Single

Family Detached home.Attorney

Thomas A. Capehart, Esquire

NO. 69

By virtue of a writ of execution No. 2014-C-3160, 21st Mortgage Corpo-ration, Assignee of Christiana Sav-ings Fund Society, FSB, Assignee of GMAC Mortgage, LLC, Assignee of MERS, As Nominee for Lighthouse Mortgage Service Company v. Alfred B. Makowsky, Jr., owner of property situate in the Township of North Whitehall, Lehigh County, Pennsyl-vania, being 3811 Maple Street, North Whitehallp Twp., PA.


Improvements thereon: 2 Story Single Family Detached Home.

Attorney Thomas A. Capehart, Esquire

NO. 70

By virtue of a writ of execution No. 2015-C-1052, Green Tree Servicing LLC v. Samuel R. Vassallo Jr. As Executor of the Estate of Samuel R. Vassallo a/k/a Samuel Robert Vas-sallo, Deceased, owner of property situate in the Township of Lowhill, Lehigh County, Pennsylvania, being 2830 Route 100, Orefield, PA 18069.


Improvements thereon: A residen-tial dwelling.

Attorneys Matthew K. Fissel, Esquire

KML Law Group, P.C.

NO. 71

By virtue of a writ of execution No. 2015-C-1057, National Penn Bank

Successor in Interest to Keystone Savings Bank v. Linda L. Lanshe, Executrix of the Estate of Scott H. Lanshe, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 877 N. Halstead Street, Allentown, PA 18109.


Improvements thereon: Single family—row.

Attorneys Richard Brent Somach, Esquire

Norris McLaughlin & Marcus, P.A.

NO. 72

By virtue of a writ of execution No. 2014-C-1449, National Penn Bank v. Unknown Heirs, Successors, Assigns and All Persons, Firms or Associa-tions Claiming Right, Title or Interest From or Under Lino A. Munoz, Lino A. Munoz, Last Record Owner, own-ers of property situate in the City of Allentown, Lehigh County, Pennsyl-vania, being 916 1/2 North 4th Street, Allentown, PA 18102.




NO. 73

By virtue of a writ of execution No. 2015-C-604, U.S. Bank National As-sociation As Trustee for Stanwich Mortgage Loan Trust, Series 2012-4 c/o Carrington Mortgage Services, LLC v. Michael D. Kasprenski, Shar-on M. Kasprenski and the United States of America, owners of prop-erty situate in the Township of South Whitehall, Lehigh County, Pennsyl-vania, being 1597 Wethersfield Drive, Allentown, PA 18104.


47

LEHIGH LAW JOURNALImprovements thereon: Residen-

tial Property.Attorneys

Law Office of Gregory Javardian, LLC

NO. 74

By virtue of a writ of execution No. 2014-C-1600, Bank of America, N.A. v. Elia Davis, owner of property situ-ate in the Township of Whitehall, Lehigh County, Pennsylvania, being 3006 North Ruch Street, Whitehall, PA 18052.





NO. 75

By virtue of a writ of execution No. 2015-C-0918, Nationstar Mortgage LLC v. Dhandeo Mohabir, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 334 North Franklin Street, Allentown, PA 18102.




NO. 76

By virtue of a writ of execution No. 2015-N-0071, Merchants Bank of Bangor v. Butch’s Log Cabin, Inc., Ben Hunter Real Estate, LP and Ed-ward A. Thomas, Jr., owners of prop-erty situate in the Borough of Coplay, Lehigh County, Pennsylvania, being 33 N. 2nd Street, Coplay, PA 18037.


Improvements thereon: Commer-cial building with bar and country style hotel.

Attorneys Steven N. Goudsouzian, Esquire

Goudsouzian & Associates

NO. 77

By virtue of a writ of execution No. 2015-N-535, New Tripoli Bank v. Crohel LLC, owner of property situate in the Township of Lynn, Lehigh County, Pennsylvania, being 6799 Madison Street, New Tripoli, PA 18066.


Improvements thereon: a 2.5 story building with a restaurant/bar on the first floor and two one-bedroom apart-ments and five boarding rooms on the upper floors, with parking facili-ties.

Attorney Jack M. Seitz, Esquire

NO. 78

By virtue of a writ of execution No. 2014-C-3183, U.S. Bank National Association, As Trustee for Residen-tial Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EFC1, by Its Servicer Ocwen Loan Servicing, LLC v. April M. Liskowacki, owner of property situate in the Township of Salisbury, Lehigh Coun-ty, Pennsylvania, being 2830 Tupelo Street, Allentown, PA 18103.


Improvements thereon: Residen-tial Real Estate.

Attorneys Andrew J. Marley, Esquire

Stern & Eisenberg PC

NO. 79

By virtue of a writ of execution No. 2014-C-3530, HSBC Bank USA Na-

48

LEHIGH LAW JOURNALtional Association, As Trustee for the Holders of the Deutsche Alt-A Securi-ties, Inc., Mortgage Loan Trust Mort-gage Pass-Through Certificates, Se-ries 2007-OA3 v. Patricia R. Cortes, owner of property situate in the Borough of Macungie, Lehigh Coun-ty, Pennsylvania, being 134 Cedar Street, Macungie, PA 18062.



Attorneys Stephen M. Hladik, Esquire

Hladik, Onorato & Federman, LLP

NO. 80

By virtue of a writ of execution No. 2015-C-0790, Bank of America, N.A. v. Sherica Samuda, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 1305 South Meadow Street, Allen-town, PA 18103.




NO. 81

By virtue of a writ of execution No. 2015-C-1136, Bank of America, N.A., As Successor by Merger to BAC Home Loans Servicing, LP f/k/a Country-wide Home Loans Servicing, LP v. Charles N. Kromer, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 736 Lehigh Street, Allentown, PA 18103-3275.





NO. 82

By virtue of a writ of execution No. 2014-C-4035, Green Tree Servicing LLC v. Randy A. Young, owner of property situate in the Borough of Catasauqua, Lehigh County, Penn-sylvania, being 911 Race Street, Catasauqua, PA 18032-1122.





NO. 83

By virtue of a writ of execution No. 2015-C-1548, Deutsche Bank Trust Company Americas, As Trustee for Residential Accredit Loans, Inc., Mort-gage Asset-Backed Pass-Through Certificates Series 2006-QS8 v. Alex-andre Caetano, Madelyn Cruz, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 2430 South Alice Street, Allentown, PA 18103-6856.





NO. 84

By virtue of a writ of execution No. 2015-C-1460, Deutsche Bank Na-tional Trust Company, As Trustee for GSAA Home Equity Trust 2006-7 v. Meredith A. Yuran, Matthew P. Die-da, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 320 South Muhlenberg Street a/k/a 320-322 South Muhlenberg Street, Allentown, PA 18104-6516.

49


203-1.Improvements thereon: Residen-


Phelan Hallinan Diamond & Jones, LLP

NO. 85

By virtue of a writ of execution No. 2015-C-1400, U.S. Bank National Association, As Trustee for the Struc-tured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2005-6 v. James R. Supeck, owner of property situate in the Bor-ough of Fountain Hill, Lehigh Coun-ty, Pennsylvania, being 7 Warren Street, Fountain Hill, PA 18015-4441.





NO. 86

By virtue of a writ of execution No. 2015-C-1352, LSF8 Master Participa-tion Trust v. Frederick F. Oberacker, owner of property situate in the Bor-ough of Emmaus, Lehigh County, Pennsylvania, being 1351 Pennsyl-vania Avenue, Emmaus, PA 18049-3517.





NO. 87

By virtue of a writ of execution No. 2015-C-0324, U.S. Bank National Association, As Trustee for the Penn-

sylvania Housing Finance Agency v. Aida Alarcon, owner of property situ-ate in the City of Allentown, Lehigh County, Pennsylvania, being 518 N. Front Street, Allentown, PA 18102.


Improvements thereon: A residen-tial dwelling house.

Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller

NO. 88

By virtue of a writ of execution No. 2014-C-3666, Quicken Loans Inc. v. Marcia Cardone and Harry Coccia, owners of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 566 West Barner Street, Allentown, PA 18103.




NO. 89

By virtue of a writ of execution No. 2014-C-3221, EMC Mortgage LLC v. Ami D. Ritter, owner of property situ-ate in the Township of Lowhill, Lehigh County, Pennsylvania, being 2798 Route 100, Orefield, PA 18069.


Improvements thereon: Detached, Ranch Style, Single family, Residen-tial Dwelling.

Attorney Barbara A. Fein, Esquire

NO. 90

By virtue of a writ of execution No. 2014-C-2799, Wells Fargo Bank, N.A. v. Arlene R. Niess, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being

50

LEHIGH LAW JOURNAL1402 West Gordon Street a/k/a 1402 Gordon Street a/k/a 1402-1404 West Gordon Street, Allentown, PA 18102-5625.





NO. 91

By virtue of a writ of execution No. 2014-C-2600, SRP 2014-17, LLC, Assignee of National Penn Bank Suc-cessor in Interest to Keystone Savings Bank v. Melissa A. Johnson, Now by Marriage, Melissa A. Reph, Defendant and Zachariah Group, LLC, Terre-Tenant and Owner, owners of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 930 W. Wyoming Street, Allentown, PA 18103.


Improvements thereon: Single Family—Row.

Attorneys Richard Brent Somach, Esquire

Norris McLaughlin & Marcus, P.A.

NO. 92

By virtue of a writ of execution No. 2013-C-3817, Wells Fargo Bank, N.A. v. Georgina J. Nicol, David J. Nicol, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 2157 Elbow Lane, Allentown, PA 18103-9662.





NO. 93

By virtue of a writ of execution No. 2012-C-2472, Wells Fargo Bank, N.A. v. Gail Hoover, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 223 North 9th Street, Allentown, PA 18102-3912.





NO. 94

By virtue of a writ of execution No. 2010-C-1308, Wilmington Savings Fund Society, FSB, Doing Business As Christina Trust, Not in Its Indi-vidual Capacity but Solely As Trus-tee for BCAT 2014-4TT v. Alcibiades Santos, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1421 West Union Street, Allentown, PA 18102-4470.





NO. 95

By virtue of a writ of execution No. 2014-C-1108, Wells Fargo Bank, N.A. v. Michele L. Taylor a/k/a Michelle Lee Taylor and Robert D. Adams, owners of property situate in the City of Orefield, Lehigh County, Pennsyl-vania, being 3722 Apple Road, Ore-field, PA 18069.


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LEHIGH LAW JOURNALImprovements thereon: Residen-


McCabe, Weisberg and Conway, P.C.

NO. 96

By virtue of a writ of execution No. 2015-C-0522, National Penn Bank v. Silvio A. Santos, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1131 W. Liberty Street, Allentown, PA 18102.




RONALD W. ROSSI Sheriff of Lehigh County, PAMatthew R. Sorrentino, County Solicitor Richard Brent Somach, Sheriff ’s Solicitor

S-25; O-2, 9

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LEHIGH LAW JOURNAL

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LEHIGH LAW JOURNAL

Alzheimer’s disease takes away his independence.

A lawyer protects his rights.

His family doesn’t want him to live alone.

A lawyer says he doesn’t have to.

Medicare won’t cover him.

A lawyer sees to it that it will.

His finances are a mess.

A lawyer organizes them.

Alzheimer’s disease took away his independence.

A lawyer protected his rights.

You have rights. Lawyers protect them.Pennsylvania Bar Association

Bar Association of Lehigh County

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DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, October 12, 2015

vol. lvi allentown, pa friday, october 9, 2015 no....

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