Vol. LVI Allentown, PA Friday, March 18, 2016 No. 90

Vol. LVI
Allentown, PA Friday, March 18, 2016
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No. 90
THE COURT
The Hon. Edward D. Reibman, President Judge
The Hon. Carol K. McGinley, Judge
The Hon. Robert L. Steinberg, Judge
The Hon. J. Brian Johnson, Judge
The Hon. Kelly L. Banach, Judge
The Hon. James T. Anthony, Judge
The Hon. Maria L. Dantos, Judge
The Hon. Michele A. Varricchio, Judge
The Hon. Douglas G. Reichley, Judge
The Hon. Alan M. Black, Senior Judge
LEHIGH LAW JOURNAL
(USPS 309560)
Owned and Published by
THE BAR ASSOCIATION OF LEHIGH COUNTY
1114 Walnut Street, Allentown, PA 18102
www.lehighbar.org
HON. WILLIAM H. PLATT, President
PATRICK J. REILLY, President-Elect
MICHELLE M. FORSELL, Vice President
James J. Kozuch, Secretary
SARAH M. JOLLY, Treasurer
SUSAN G. MAURER, Historian
THOMAS F. TRAUD, JR., Law Journal Committee
RAY BRIDGEMAN, Executive Director
SARAH MUSSEL, Case Editor
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Call: (215) 862-3142 • Email: [email protected]
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ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in disciplinary
matters and matters involving ethical issues, bar admissions
and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,
Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing
Legal Education Board of the Supreme Court of PA • Former Chairman,
Supreme Court of PA Interest on Lawyers Trust Account Board • Former
Federal Prosecutor • Named by his peers as Best Lawyers in America 2015
Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”
1818 Market Street, 29th Floor, Philadelphia, PA 19103
(215) 751-2863
The BALC Facebook page is
updated regularly with meeting reminders and event
notices, and includes photo albums, discussion
boards, links, and much more. “Like” us at
www.facebook.com/BarAssociationLehighCounty
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TheHonorableRobertL.Steinberg,JudgeoftheCourtofCommon
Pleas of Lehigh County, Pennsylvania, has an opening for a Law
Clerkposition,whichhehopestofillbyMay2016.Thepositionis
availableforgraduateapplicantsonly(third‐yearlawstudentswill
notbeinterviewed).Furthermore,thepositioniscontingentupon
graduates taking and passing the Pennsylvania Bar Examination
duringtheirtenureasalawclerk.
ALL SUBMISSIONS SHOULD BE SENT DIRECTLY TO: THE HONORABLE
ROBERT L. STEINBERG, LEHIGH COUNTY COURTHOUSE, CHAMBERS 4‐A,
455HAMILTONSTREET,ALLENTOWN,PA18101
LawClerkPosition
Salary: $61,339peryear(2016scale)
Hours: MondaythroughFriday,8:30‐4:30
Location:LehighCountyCourthouse–455HamiltonStreet,
Courtroom4‐A,Allentown,PA18101
Submit:Coverletter,resuméandthreereferencestoapply
Ifcalledforaninterviewbringwritingsampleswithyou.
Qualifications: This position is available for graduate applicants
and is contingent upon taking and passing the Pennsylvania Bar
Examduringtheirtermaslawclerk.
Descriptionofposition:ThelawclerkassiststheJudgeindrafting
opinions, including Pa. R.A.P. 1925(a), pretrial, post‐sentence and
Post Conviction Relief Act opinions. The duties also include
attending and providing support for hearings, including
suppression and habeas motions, conducting research, and
checkingcitations.Additionally,thelawclerkconductsresearchto
prepare the Judge for hearings and trials, and provides general
support during trial weeks. The law clerk keeps track of the
Judge’s appellate cases as they progress through the appellate
courts.
The law clerk candidate should be well‐organized, detail‐
oriented, and a self‐starter. Must be able to work well on his/her
own.Writingandcitationexperienceishighlyvalued.
3-11, 18
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Swearing-In Ceremony for
U.S. Court of Appeals for the Third Circuit
and
U.S. District Court for the
Eastern District of Pennsylvania
Presiding Judges
Honorable Franklin S. Van Antwerpen
Hon. Edward G. Smith
Hon. Joseph F. Leeson, Jr.
*
*
*
*
*
*
Thursday, May 5, 2016
2:00 P.M.
United States District Court
Federal Courthouse
101 Larry Holmes Drive, Suite 400
Easton, PA 18042
A reception will follow immediately after the swearing-in ceremony.
*
*
*
*
*
*
Registration - If you plan to participate in the Ceremonial Admissions, please
contact the NCBA Office. The Court requires a list of participants prior to the
ceremony. RSVP to: [email protected].
Sponsors – Your sponsor is required to attend the ceremony to move for your
admission to the Court. If you do not know anyone to sponsor you, the NCBA
Office has a list of attorneys who will be available to sponsor you.
Filing Applications – The attorney is required to complete all necessary
paperwork and pay the application fees for each court to which they wish to be
admitted.
U.S. Court of Appeals for the Third Circuit - $216.00
Instructions and application are online at www.ca3.uscourts.gov. and the
NCBA Office.
*** The Third Circuit Court requires an original Certificate of Good Standing,
dated within one year, to be attached to the application. The certificate is
available from the PA Supreme Court. This takes approximately two weeks.
DO NOT WAIT TO ORDER THIS! Certificates may be ordered at:
http://www.pacourts.us/courts/supreme-court/obtaining-a-certificate-of-goodstanding.
U.S. District Court for the Eastern District of Pennsylvania - $201.00
Instructions and applications are online at www.paed.uscourts.gov and the
NCBA Office.
If you have any questions please contact:
Becky Kulik at [email protected] or
Mary Beth Leeson at the NCBA Office at [email protected]
11
3-11— 4-22
EARLY DEADLINE NOTICE FOR THE
LEHIGH LAW JOURNAL
The offices of the Bar Association, Lehigh Law Journal and
Lawyer Referral Service will be closed on Friday, March 25th.
Advertisements for the March 25th issue of the Lehigh
Law Journal must be received NO LATER THAN 2:00
P.M. ON MONDAY, March 21st.
Advertisements for the April 15th issue of the Lehigh
Law Journal must be received NO LATER THAN 2:00
P.M. ON MONDAY, April 11th.
Notices may be faxed to the Lehigh Law Journal at (610)
770-9826 or e-mailed to: [email protected].
3-11— 4-8
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FAMILY LAW ATTORNEY
IMMEDIATE OPENING for Family Law Attorney
to work at the law offices of Pfeiffer & Bruno, P.C., a general practice law firm in Easton, PA. The firm practices in PA
and NJ. 3-5 years of professional experience desired. Both
PA and NJ Bar preferable, but not required. Salary and benefits commensurate with experience. Candidates may apply
by e-mail to [email protected] or by mail to P.O.
Box 468, Easton, PA 18044-0468.
3-11, 18
——————
REAL ESTATE PARALEGAL
Fitzpatrick Lentz & Bubba, P.C., has an opening for a real
estate paralegal which would include broad responsibility for
closing coordination. The ideal candidate would possess 3 or
more years’ experience in a similar position. See job details
at http://www.flblaw.com/about-us/work-for-flb/.
Reply via e-mail to [email protected]. All correspondence will be held in the utmost confidence.
3-11, 18
13
OFFICE SPACE AVAILABLE
4,000 sq. ft. of law office space, fully furnished, to be shared
with owner. Parking on site. Minutes from the courthouse.
Located at 215 N. 9th Street, Allentown, PA 18102. Contact
Martin Karess at (610) 435-3530 from 8 a.m. to 5 p.m.
3-18, 25
——————
PARALEGAL /ADMINISTRATIVE ASSISTANT
Full-time for Bethlehem law office. Experience in trusts
and estates and with Lackner, QuickBooks, Amicus and Excel software a plus. Candidate must be proficient in Word
and able to work independently in a fast-paced environment.
Salary and benefits commensurate with experience. Send
resume to: [email protected].
3-18, 25; 4-1
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836
Commonwealth vs. Cobb
COMMONWEALTH OF PENNSYLVANIA vs.
JUSTIN COBB, DEFENDANT
Motion to Suppress Evidence—Fourth Amendment—
Search and Seizure—Motor Vehicle Stop—Probable Cause—
Reasonable Suspicion—Investigative Detention—
Motor Vehicle Code Violation—Suspicion of Drug Activity—
Totality of the Circumstances.
1. While police detective may not have had probable cause to stop vehicle based on
motor vehicle code infraction, detective had reasonable suspicion to believe Defendant, a
passenger, was involved in illegal drug activity, so that vehicle stop was not an illegal seizure
requiring suppression of recovered evidence.
2. Officers who made actual traffic stop were not required to personally have reasonable suspicion Defendant was involved in criminal activity where they received radio communication directing the stop from detective who witnessed potential drug activity.
In the Court of Common Pleas of Lehigh County, Pennsylvania—Criminal Division. No. CP-39-CR-3331-2014. Commonwealth of Pennsylvania vs. Justin Cobb, Defendant.
Bethany Spear Zambogna, Esquire, Deputy District Attorney, on behalf of Commonwealth.
Christopher M. Shipman, Esquire, on behalf of Defendant.
Ford, J., February 24, 2014. Defendant, Justin Cobb, was
charged with drug-related offenses following his arrest on January
29, 2014. On that day, officers of the Allentown Police Department
stopped a vehicle in which Defendant was riding as a passenger
and seized illegal drugs found inside the vehicle and on Defendant’s
person.
On October 6, 2014, Defendant filed a motion seeking suppression of all evidence obtained by the police after the stop of the
vehicle. Defendant argues that the police lacked reasonable suspicion or probable cause to believe that the driver of the vehicle
had committed a traffic violation or that the occupants of the vehicle were involved in illegal activity.
A hearing on Defendant’s suppression motion was conducted
on November 12, 2014. For the reasons that follow, the suppression motion lacks merit so it is denied. I begin with my findings of
fact from the suppression hearing.
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Lehigh 7-17 op
Commonwealth vs. Cobb
837
Findings of Fact
1. Detective Matthew Karnish is a 15-year veteran of the Allentown Police Department. For the past six years, he has been
assigned as an undercover detective in the Vice and Intelligence
Unit. He has extensive experience in drug investigations including
the making of approximately 500 arrests, wiretap investigations,
approximately 1,000 interviews with mid- and low-level drug dealers, interviews with drug users and purchasers, surveillance hours,
work with confidential informants and the purchasing of drugs in
an undercover capacity.
2. There is frequent illegal drug activity in the 400 block of
Allen Street, especially near its intersection with Penn Street.
Police have documented purchases of heroin in that block. Execution of search warrants has yielded quantities of heroin. Based upon
their experiences, the police consider this city block to be a regular heroin distribution location.
3. During nighttime hours on January 29, 2014, the Vice and
Intelligence Unit was conducting a narcotics operation in the 400
block of Allen Street. Detective Karnish was part of that operation.
He was working in plain clothes in an unmarked vehicle. There
had been an unrelated drug arrest by the vice officers in that block
of Allen Street at the time Defendant’s activities caught the attention of Detective Karnish.
4. Detective Karnish observed a silver Isuzu SUV with a soft
top parked on the south side of Allen Street. The detective was
parked on the opposite side of the street facing in the opposite
direction. Detective Karnish watched the Isuzu by looking at his
rearview mirror and by glancing over his shoulders.
5. Detective Karnish observed that there was a woman in the
driver’s seat of the Isuzu. This was later determined to be Vanessa
Lowe. Karnish saw that a male was in the front passenger seat. This
male was later identified as Defendant.
6. Detective Karnish observed the faces of the two occupants
occasionally illuminated by cell phones that they were using as they
looked down. He also watched both individuals look over their
shoulders.
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Lehigh 7-17 op
838
Commonwealth vs. Cobb
7. The Isuzu pulled from its parking place on the south side
of Allen Street, made a U-turn at Mohr and Allen Streets and
parked on the north side of Allen Street facing west in the same
direction as Detective Karnish. At this point, the Isuzu was 45 to
60 yards behind Karnish’s vehicle. Karnish continued to observe
the two occupants of the Isuzu through his rearview mirror and
glances. The occupants again used cell phones. They continued to
look around. A marked patrol car drove past the Isuzu. As it passed,
the woman in the driver’s seat leaned to one side, which appeared
to Detective Karnish to be an attempt to avoid detection. She sat
upright when the patrol vehicle drove by.
8. After the Isuzu was parked on the north side of Allen Street
for 10 to 15 minutes, Defendant got out of the passenger side carrying an illuminated cell phone. He walked westerly toward Detective Karnish’s position. He climbed the steps to 433 Allen Street
and stood on the porch.
9. Before this narcotics operation on January 29, Detective
Karnish received information from his sources that drugs were
distributed by the occupants of 433 Allen Street. According to that
information, occupants of 433 Allen Street would leave that residence, go to the nearby intersection of Allen and Penn Streets,
turn onto Penn Street and exchange drugs at Penn Street’s intersection with the alley which is Mary Street.
10. While Defendant was standing on the porch of 433 Allen
Street, a person came out of that house. It was dark on the porch,
but Detective Karnish was able to observe the individual from the
house interact with Defendant for about 40 to 90 seconds. Defendant then left the porch and walked toward the Isuzu. He walked
at a quicker pace than he did when he approached the porch. In
Detective Karnish’s experience, participants in drug sales typically walk away from them at a quicker pace than they go to them.
Defendant stopped walking after passing about four residences.
He returned to the area in front of 433 Allen Street. Detective
Karnish saw him stuffing something at his waist into his pants.
Defendant then walked quickly back to the Isuzu, which he entered.
11. Ms. Lowe and Defendant remained parked in the Isuzu
for several minutes. Ms. Lowe pulled from that parking space into
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Lehigh 7-17 op
Commonwealth vs. Cobb
839
the westbound lane of Allen Street. She did that without using a
turn signal. Ms. Lowe drove the Isuzu past Detective Karnish who
was still seated in his car.
12. Detective Karnish followed the Isuzu. He called for
marked police units to stop the Isuzu. Although Karnish did not
advise the marked units as to the reason that he wanted the Isuzu
stopped, he was directing that it be stopped based upon what he
believed was a vehicle code violation for pulling from a parked
position into a lane of travel without using a turn signal, and based
on his belief that a drug sale had just occurred. Three marked
police vehicles assisted in the stop or aftermath of the stop of the
Isuzu.
13. Detective Karnish walked to the passenger side of the
stopped Isuzu. Defendant was seated in the front passenger seat.
Karnish opened the door and asked Defendant to step out. As
Defendant was getting out of the vehicle, he dropped a plastic bag
which appeared to the detective to contain marijuana. From the
exterior of the Isuzu, Karnish observed a second plastic bag of
suspected marijuana in the map pocket of the front passenger door.
Karnish seized these bags of marijuana.
14. One of the officers on the scene at Eighth and Allen
Streets was Captain Reinik. He advised Detective Karnish that he
could see suspected heroin in plain view in the passenger compartment of the Isuzu. Reinik pointed out the suspected heroin to
Karnish. Karnish seized the suspected heroin which was packaged
in 153 baggies.
15. The suspected marijuana and heroin were field tested by
the police and yielded positive results for controlled substances.
Defendant was arrested for drug offenses at the scene. Detective
Karnish did a search of Defendant’s person incident to the arrest.
Defendant had a “brick” of heroin in his coat pocket packaged in
60 baggies.
Discussion and Conclusions of Law
Defendant contends that Detective Karnish lacked justification for directing marked patrol units to stop the Isuzu in which
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Lehigh 7-17 op
840
Commonwealth vs. Cobb
Defendant was traveling. Defendant argues that all evidence obtained after this illegal vehicle stop must be suppressed. While a
question exists as to whether Detective Karnish had probable cause
to believe that the driver of the Isuzu committed a motor vehicle
code infraction, the detective had reasonable suspicion to believe
that the Defendant, an occupant of the Isuzu, was involved in illegal drug activity. Therefore, the police stop of the Isuzu was legal
and proper.
When a police officer stops a motor vehicle, the stop constitutes a “seizure” activating the protections of the Fourth Amendment to the United States Constitution. Commonwealth v. Chase,
599 Pa. 80, 89, 960 A.2d 108, 113 (2008). Police are permitted to
stop a motor vehicle only when they witness a violation of the motor vehicle code or have cause to believe that an occupant of the
vehicle in question is involved in criminal activity. See Commonwealth v. Polo, 563 Pa. 218, 224-25, 759 A.2d 372, 376 (2000). (The
parties did not raise the issue of whether a passenger in a vehicle
has standing to challenge the legality of a vehicle stop premised on
a driver’s alleged vehicle code violation so the Court does not address the topic.)
The Commonwealth first contends that Detective Karnish
had probable cause to believe that Ms. Lowe, the driver of the
Isuzu, violated Section 3334 of Pennsylvania’s Motor Vehicle Code.
That section requires a driver to use a turn signal when “enter[ing]
the traffic stream from a parked position.” 75 Pa. C.S. §3334(a), (b).
The Court finds that Detective Karnish did observe Ms. Lowe
drive the Isuzu into the westbound lane of Allen Street from a
parked position without using a turn signal. A question exists as to
whether the Isuzu “entered a traffic stream” because there was no
evidence that a “stream” of traffic existed when Ms. Lowe pulled
from her parking place. This alleged violation is not treated as the
justification for the vehicle stop.
The Commonwealth next argues that Detective Karnish had
reasonable suspicion to believe that Defendant was engaged in
illegal drug activity. A police officer can stop a vehicle and effectuate an investigative detention of the vehicle’s occupants when the
officer has reasonable suspicion to believe that the occupants are
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Lehigh 7-17 op
Commonwealth vs. Cobb
841
involved in illegal activity. Commonwealth v. Washington, 63 A.3d
797, 802 (Pa. Super. 2013) (citation omitted); Commonwealth v.
Cruz, 21 A.3d 1247, 1250 (Pa. Super. 2011).
Reasonable suspicion [supporting an investigative detention] exists only where the officer is able to articulate specific observations which, in conjunction with reasonable inferences derived from those observations, led him reasonably
to conclude, in light of his experience, that criminal activity
was afoot and that the person he stopped was involved in that
activity. Therefore, the fundamental inquiry of a reviewing
court must be an objective one, namely, whether the facts
available to the officer at the moment of intrusion warrant a
[person] of reasonable caution in the belief that the action
taken was appropriate.
Commonwealth v. Goldsborough, 31 A.3d 299, 306 (Pa. Super.
2011) (quoting Commonwealth v. Jones, 874 A.2d 108, 116 (Pa.
Super. 2005)). Reasonable suspicion is determined objectively
under the totality of the circumstances. Commonwealth v. Stevenson, 894 A.2d 759, 771 (Pa. Super. 2006) (citation omitted).
Here, Detective Karnish observed Defendant and Ms. Lowe
sitting in a parked Isuzu at night in an area known for drug activity. The detective knew that an unrelated drug arrest had just occurred that night in this area. Karnish saw Defendant and Ms.
Lowe repeatedly using cell phones and looking over their shoulders
while inside the vehicle throughout the time he had surveillance
of them. He observed Ms. Lowe park the Isuzu at two different
spots in the same block of Allen Street. When a marked patrol unit
drove past, the detective watched Ms. Lowe lean to avoid detection. The detective watched Defendant exit the Isuzu and approach
433 Allen Street, a residence known to be a source of illegal drugs.
Defendant interacted with a person on the porch. After this, the
detective witnessed Defendant walk quickly back toward the
Isuzu. After passing a few houses, Defendant suddenly turned
around and returned to the front of 433 Allen Street. Detective
Karnish saw Defendant stuff something into his pants as he stood
in front of 433 Allen Street. Defendant then quickly walked back
to the parked Isuzu and reentered the vehicle. Detective Karnish
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Lehigh 7-17 op
842
Commonwealth vs. Cobb
had often seen people involved in drug selling walk slowly to an
exchange point and then quickly from it. Under the totality of the
circumstances, these observations gave Detective Karnish reasonable suspicion to believe that Defendant was involved in illegal
drug activity. Therefore, the detective was justified in directing
patrol units to stop the Isuzu.
Following the legal stop of the Isuzu, it was permissible for
Detective Karnish to ask Defendant to exit the vehicle. Pennsylvania courts have held that “police may request both drivers and
their passengers to alight from a lawfully stopped car [even] without reasonable suspicion that criminal activity is afoot.” Commonwealth v. Rodriguez, 695 A.2d 864, 868-69 (Pa. Super. 1997)
(quoting Commonwealth v. Brown, 439 Pa. Superior Ct. 516, 528,
654 A.2d 1096, 1102 (1995) (emphasis added)).
Detective Karnish saw suspected marijuana fall to the ground
as Defendant exited the Isuzu. The detective observed a second
bag of what appeared to be marijuana in plain view in the map
pocket of the front passenger door of the Isuzu. Captain Reinik
spotted suspected heroin in plain view in the passenger compartment. After making these observations, the police had probable
cause to arrest Defendant for illegal drug activity. All of the
physical evidence the police found in the Isuzu was obvious contraband and it was in plain view from outside the car. The heroin
on Defendant was seized during a search incident to a lawful arrest.
See Commonwealth v. Wright, 560 Pa. 34, 41-42, 742 A.2d 661,
665 (1999) (holding that police officers are authorized to search a
defendant and any area within the defendant’s immediate vicinity
contemporaneously with a lawful arrest).
One of the defense arguments was that the patrol units had
no justification to stop the Isuzu because Detective Karnish directed them to stop the car without explaining the basis for the
stop over the police radio. This claim lacks merit. According to the
Superior Court,
[p]olice are justified in stopping a vehicle when relying
on information transmitted by a valid police bulletin. ... Moreover, even where the officer who performs the stop does not
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Lehigh 7-17 op
Commonwealth vs. Cobb
843
have reasonable suspicion, the stop is nonetheless valid if the
radio officer requesting the stop has reasonable suspicion.
Commonwealth v. Cruz, supra at 1250 (citations omitted).
For these reasons, Defendant’s suppression motion must be
denied and all of the evidence obtained by police subsequent to
the stop of the Isuzu is admissible at trial.
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Lehigh 7-17 op
LEHIGH LAW JOURNAL
ESTATE AND TRUST NOTICES
Attorneys: Fitzpatrick Lentz &
Bubba, P.C., 4001 Schoolhouse
Lane, P.O. Box 219, Center Valley, PA 18034-0219.
Notice is hereby given that, in the
estates of the decedents set forth
below, the Register of Wills has
granted letters testamentary or of
administration to the persons named.
Notice is also hereby given of the
existence of the trusts of the deceased
settlors set forth below for whom no
personal representatives have been
appointed within 90 days of death.
All persons having claims or demands against said estates or trusts
are requested to make known the
same, and all persons indebted to
said estates or trusts are requested
to make payment, without delay, to
the executors or administrators or
trustees or to their attorneys named
below.
Carey, Jean M., dec’d.
Late of Whitehall Twp.
Executrix: Linda S. Foss c/o
Amy H. Besser, Esq., 1701 Walnut St., 6th Fl., Philadelphia, PA
19103.
Attorneys: Amy H. Besser, Esquire, Peter L. Klenk & Assoc.,
1701 Walnut St., 6th Fl., Philadelphia, PA 19103.
Carter, Elinor E., dec’d.
Late of the City of Allentown.
Executrix: Judith H. Smith c/o
Andrew V. Schantz, Esquire,
702 Hamilton Street, Suite 300,
Allentown, PA 18101.
Attorneys: Andrew V. Schantz,
Esquire, Davison & McCarthy,
702 Hamilton Street, Suite 300,
Allentown, PA 18101.
FIRST PUBLICATION
Barrick, Eleanor I., dec’d.
Late of Coopersburg.
Executor: Ernest C. Barrick,
1337 N. Broad St., Apt. 2, Lansdale, PA 19446.
Cunningham, Catherine M.,
dec’d.
Late of Allentown.
Executrix: Mariellen Pence c/o
Andrew C. Traud, Esquire,
3055 College Heights Blvd.,
Suite 2A, Allentown, PA 18104.
Attorneys: Andrew C. Traud,
Esquire, Traud Law Offices,
3055 College Heights Blvd.,
Suite 2A, Allentown, PA 18104.
Becker, Vera Meyers a/k/a Vera
M. Becker, dec’d.
Late of Bethlehem.
Executor: L. Ronald Meyers
a/k/a Lloyd Ronald Meyers c/o
R. Nicholas Nanovic, Esquire,
Norris, McLaughlin & Marcus,
P.A., 515 W. Hamilton St., Suite
502, Allentown, PA 18101.
Attorneys: R. Nicholas Nanovic,
Esquire, Norris, McLaughlin &
Marcus, P.A., 515 W. Hamilton
St., Suite 502, Allentown, PA
18101.
Bips, Linda L., dec’d.
Late of Allentown.
Co-Executrices: Kristina W.
Lohre and Jessica L. Pine c/o
Fitzpatrick Lentz & Bubba,
P.C., 4001 Schoolhouse Lane,
P.O. Box 219, Center Valley, PA
18034-0219.
Eck, Janet F., dec’d.
Late of Salisbury Township.
Executrix: Roxanne L. Grube
c/o John O. Stover, Jr., Esquire, 537 Chestnut Street,
Emmaus, PA 18049.
Attorney: John O. Stover, Jr.,
Esquire, 537 Chestnut Street,
Emmaus, PA 18049.
Evans, Janette a/k/a Janette M.
Evans, dec’d.
Late of Whitehall Township.
24
LEHIGH LAW JOURNAL
Executor: Thomas T. Evans,
133 Union Rd., Coatesville, PA
19320.
Executrix: Nancy A. Longenbach c/o Karl F. Longenbach,
Esquire, 425 West Broad St.,
P.O. Box 1920, Bethlehem, PA
18016-1920.
Attorney: Karl F. Longenbach,
Esquire, 425 West Broad St.,
P.O. Box 1920, Bethlehem, PA
18016-1920, (610) 867-8150.
Gaffney, Robert E., dec’d.
Late of Lehigh.
Executrix: Patricia A. Windas,
416 7th Ave., Belmar, NJ
07719.
Kyle, Arthur J. a/k/a Arthur
James Kyle, dec’d.
Late of Allentown.
Executrix: Virginia L. Kyle c/o
Noonan & Prokup, 526 Walnut
Street, Allentown, PA 181012394.
Attorneys: Noonan & Prokup,
526 Walnut Street, Allentown,
PA 18101-2394.
Geiger, James J. a/k/a James
Joseph Geiger a/k/a James
Geiger a/k/a Jim Geiger,
dec’d.
Late of the City of Allentown.
Administrator: Jamie A. Legath,
2193 Main Street, Northampton, PA 18067.
Attorneys: Martin D. Cohen,
Esquire, Cohen & Feeley, 2851
Baglyos Circle, Suite 200, Bethlehem, PA 18020.
Martin, Lelia K., dec’d.
Late of Whitehall.
Executor: Gary W. Richards c/o
Fitzpatrick Lentz & Bubba, P.C.,
4001 Schoolhouse Lane, P.O.
Box 219, Center Valley, PA
18034-0219.
Attorneys: Fitzpatrick Lentz &
Bubba, P.C., 4001 Schoolhouse
Lane, P.O. Box 219, Center Valley, PA 18034-0219.
Ibrahim, Joseph N., dec’d.
Late of Whitehall Twp.
Executor: Elissar J. Ibrahim c/o
Kevin M. Buttery, Esq., 509 S.
Lenola Rd., Bldg. 7, Moorestown, NJ 08043.
Attorneys: Kevin M. Buttery,
Esquire, Begley Law Group PC,
509 S. Lenola Rd., Bldg. 7,
Moorestown, NJ 08043.
Rock, Erwin E., dec’d.
Late of Allentown.
Executor: Erwin Rock, Jr.
Attorneys: Martin J. Karess,
Esq., Law Offices of Martin J.
Karess, PC, 215 North Ninth
St., Allentown, PA 18102.
Keener, Diane L., dec’d.
Late of the City of Bethlehem.
Administrator: Kenneth Donald
Keener c/o Littner, Deschler &
Littner, 512 North New Street,
Bethlehem, PA 18018.
Attorneys: Robert V. Littner,
Esquire, Littner, Deschler &
Littner, 512 North New Street,
Bethlehem, PA 18018.
Rothrock, Bruce L., Sr., dec’d.
Late of N. Whitehall Twp.
Executors: David B. Rothrock,
Dean A. Rothrock and Bruce L.
Rothrock, Jr. c/o Michael C.
McBratnie, Esq., P.O. Box 673,
Exton, PA 19341.
Attorneys: Michael C. McBratnie, Esquire, Fox Rothschild
LLP, P.O. Box 673, Exton, PA
19341.
Klaassen, Johanna H., dec’d.
Late of the Township of South
Whitehall.
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LEHIGH LAW JOURNAL
Rutledge, Richard L. a/k/a Richard Lee Rutledge, dec’d.
Late of Bethlehem.
Administratrix: Kathleen M.
Bock c/o Vaughn A. Terrinoni,
Esq., 3976 Township Line
Road, Bethlehem, PA 18020.
Attorney: Vaughn A. Terrinoni,
Esq., 3976 Township Line
Road, Bethlehem, PA 18020.
SECOND PUBLICATION
Bittenbender, George Paul a/k/a
George P. Bittenbender, dec’d.
Late of 1816 E. Cambridge St.,
Allentown.
Administrator: Matthew W. Bittenbender, 147 Clarkstown Rd.,
Muncy, PA 17756.
Fink, Orrin H., dec’d.
Late of 3000 Fellowship Drive,
Whitehall Township.
Executors: Robert S. Nester and
David O. Fink c/o The Roth Law
Firm, 123 North Fifth Street,
Allentown, PA 18102.
Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123
North Fifth Street, Allentown,
PA 18102.
Speigel, Kellie a/k/a Kellie S.
Speigel a/k/a Kellie Sue Speigel, dec’d.
Late of 508 Liberty Street, Emmaus.
Personal Representative: Joy A.
Stinner c/o James A. Ritter,
Esquire, Gross McGinley, LLP,
111 E. Harrison St., Suite 2,
Emmaus, PA 18049-2916.
Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111
E. Harrison Street, Suite 2,
Emmaus, PA 18049-2916.
Hamm, Marlene S., dec’d.
Late of Breinigsville.
Administrator: Clark K. Hamm,
458 Wood Lane, Breinigsville,
PA 18031.
Attorney: James E. Sher, Esquire, 15019 Kutztown Road,
Kutztown, PA 19530.
Wieand, John E., Sr. a/k/a John
E. Wieand, dec’d.
Late of 2178 Riverbend Road,
Allentown.
Executors: Edward J. Wieand
and John E. Wieand, Jr. c/o
Ronald E. Corkery, Esquire,
352 Fifth Street, Suite A, Whitehall, PA 18052.
Attorney: Ronald E. Corkery,
Esquire, 352 Fifth Street, Suite
A, Whitehall, PA 18052.
Willgruber, Lorraine E., dec’d.
Late of Allentown.
Executrix: Lisa A. BrunnerDevers a/k/a Lisa Brunner
Devers c/o Timothy J. Duckworth, Esquire, P.O. Box 20770,
Lehigh Valley, PA 18002-0770.
Attorneys: Timothy J. Duckworth, Esquire, Mosebach,
Funt, Dayton & Duckworth,
P.C., P.O. Box 20770, Lehigh
Valley, PA 18002-0770.
Klement, Helen A. a/k/a Helen
Klement, dec’d.
Late of 149 S. 6th Street, Coplay.
Personal Representative: John
F. Klement c/o James A. Ritter,
Esquire, Gross McGinley, LLP,
111 E. Harrison St., Suite 2,
Emmaus, PA 18049-2916.
Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111
E. Harrison St., Suite 2, Emmaus, PA 18049-2916.
Maurer, Marlyn L. a/k/a Marlyn
Maurer, dec’d.
Late of Whitehall.
Co-Executors: Sandra L. Saylor
and Donald W. Maurer c/o
Rebecca M. Young, Esq. and Lia
26
LEHIGH LAW JOURNAL
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.
Attorneys: Timothy J. Duckworth, Jr., Esquire, Mosebach,
Funt, Dayton & Duckworth,
P.C., P.O. Box 20770, Lehigh
Valley, PA 18002-0770.
Domyan, Christopher T., dec’d.
Late of Allentown.
Executor: Mark Domyan c/o
Law Offices of Lawrence B. Fox,
P.C., 1834 Pennyslvania Avenue, Hanover Township, Allentown, PA 18109.
Attorneys: Law Offices of Lawrence B. Fox, P.C., 1834 Pennsylvania Avenue, Hanover
Township, Allentown, PA
18109.
Noga, Anna T. a/k/a Anna Noga,
dec’d.
Late of Allentown.
Executor: Thomas P. Noga 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.
Dougherty, Betty H., dec’d.
Late of Macungie.
Executrix: Ann E. Dougherty
c/o Robert A. Weinert, Esq., 512
Hamilton St., Suite 405, Allentown, PA 18101.
Attorney: Robert A. Weinert,
Esq., 512 Hamilton St., Suite
405, Allentown, PA 18101.
THIRD PUBLICATION
Benner, Barbara Y. a/k/a Barbara Young Benner, dec’d.
Late of South Whitehall Township.
Executrix: Janet A. Young c/o
Norris, McLaughlin & Marcus,
P.A., 515 West Hamilton Street,
Suite 502, Allentown, PA 18101.
Attorneys: Judith A. Harris,
Esquire, Norris, McLaughlin &
Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.
Gangwere, Joane V., dec’d.
Late of the City of Bethlehem.
Executrix: Susan J. McCabe
c/o Dionysios C. Pappas, Esquire, Vasiliadis & Associates,
2551 Baglyos Circle, Suite A-14,
Bethlehem, PA 18020.
Attorneys: Dionysios C. Pappas,
Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite
A-14, Bethlehem, PA 18020.
Cunningham, Hilda A., dec’d.
Late of Allentown.
Executor: Roger L. Guth, 4844
Scheidys Road, Coplay, PA
18037.
Attorneys: Charles W. Stopp,
Esquire, Steckel and Stopp, 125
S. Walnut Street, Suite 210,
Slatington, PA 18080.
Heller, Kenneth R. a/k/a Kenneth Heller, dec’d.
Late of Breiningsville.
Personal Representative: Judith
Lee Volanski a/k/a Judith L.
Pozzi.
Attorney: Kent H. Herman, Esquire, One West Broad Street,
Suite 700, Bethlehem, PA
18018.
Davies, Celia M., dec’d.
Late of Coplay.
Executor: Jeffrey J. Davies c/o
Timothy J. Duckworth, Jr.,
Esquire, P.O. Box 20770, Lehigh Valley, PA 18002-0770.
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LEHIGH LAW JOURNAL
Hoppes, Christine E., dec’d.
Late of Slatington.
Trustee: Donald G. Peters c/o
Keith W. Strohl, Esquire, 125
South Walnut Street, Suite 210,
Slatington, PA 18080.
Attorney: Keith W. Strohl, Esquire, 125 S. Walnut St., Suite
210, Slatington, PA 18080.
Steckel, Thomas W. a/k/a Tom
Steckel, dec’d.
Late of Whitehall Township.
Executor: Mark Lewis, 4002
53rd St., Bladensburg, MD
20710.
Taylor, Agnes B., dec’d.
Late of Lower Macungie.
Executor: Albert E. Taylor, III
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.
Hoppes, Floyd J. a/k/a Floyd J.
Hoppes, Sr., dec’d.
Late of Slatington.
Trustee: Donald G. Peters c/o
Keith W. Strohl, Esquire, 125 S.
Walnut Street, Suite 210, Slatington, PA 18080.
Attorney: Keith W. Strohl, Esquire, 125 S. Walnut St., Suite
210, Slatington, PA 18080.
ORPHANS’ COURT DIVISION
AUDIT LIST
Kovacs, Thelma D., dec’d.
Late of South Whitehall Township.
Executrix: Joslyn E. Smith c/o
Fitzpatrick Lentz & Bubba, P.C.,
4001 Schoolhouse Lane, P.O.
Box 219, Center Valley, PA
18034-0219.
Attorneys: Fitzpatrick Lentz &
Bubba, P.C., 4001 Schoolhouse
Lane, P.O. Box 219, Center Valley, PA 18034-0219.
JUDGE J. BRIAN JOHNSON
9:30 A.M.—MARCH 28, 2016
Estates/Trust of:
Atty.
Exr. & Adm. Accts.
Thomas D. MacFadyen; P. Trainor
Trust/Gdn. Accts.
Atty.
Robert Andrejcisik; D. Dougherty
Wendy A. W. Parr
C. of O.C. Division
M-18, 25
Merriman, Jean A. a/k/a Jean
Mae Allen a/k/a Jeanmae A.
Merriman, dec’d.
Late of Allentown.
Executor: Leslie A. Knauss,
5222 Elmhurst Dr., Schnecksville, PA 18078.
Sandoval, Carmen J., dec’d.
Late of 2647 Halleck Drive,
Whitehall.
Executrix: Elyse M. Sandoval
c/o Ronald E. Corkery, Esquire,
352 Fifth Street, Suite A, Whitehall, PA 18052.
Attorney: Ronald E. Corkery,
Esquire, 352 Fifth Street, Suite
A, Whitehall, PA 18052.
NOTICE OF INCORPORATION
NOTICE IS HEREBY GIVEN that
Articles of Incorporation have been
(are to be) filed with the Department
of State of the Commonwealth of
Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a
Certificate of Incorporation pursuant
to the provisions of the Business
Corporation Law of the Commonwealth of Pennsylvania, Act of December 21, 1988 (P.L. 1444, No. 177),
by the following corporation:
The name of the corporation is:
CITY CENTER
DEVELOPMENT CORPORATION
28
LEHIGH LAW JOURNAL
DENNIS M. McCARTHY, ESQ.
DAVISON & McCARTHY, P.C.
702 Hamilton Street
Suite 300
Allentown, PA 18101
(610) 435-0450
M-18
Pennsylvania, at Harrisburg, PA, on
February 29, 2016 by Hudson Valley
Paving, Inc., a foreign corporation
formed under the laws of the State of
New York where its principal office is
located at 1850 Lake Rd., Monroe,
NY 10950, for a Certificate of Authority to do business in Pennsylvania
under the provisions of the Pennsylvania Business Corporation Law of
1988.
M-18
NOTICE
NOTICE IS HEREBY GIVEN that
a Certificate of Organization has been
filed on February 22, 2016 with the
Department of State of the Commonwealth of Pennsylvania, pursuant to
the provisions of the Pennsylvania
Limited Liability Act of 1994 for the
following limited liability company:
BIAGGIO’S, LLC
has filed a Certificate of Organization
under the provisions of the Pennsylvania Limited Liability Company Law
of 1994.
GLADYS E. WILES, Esq.
SNYDER & WILES, P.C.
7731 Main Street
Fogelsville, PA 18051
(610) 391-9500
M-18
CHANGE OF NAME NOTICE
In the Court of Common Pleas of
Lehigh County
Civil Action—Law
NO. 2016-C-0753
NOTICE IS HEREBY GIVEN that
on March 1, 2016, the Petition of
NATHANIEL HAYES has been filed in
the above named Court, praying for
a Decree to change the name of minor
child from NATHANIEL HAYES to
NATHANIEL COVER. The Court has
fixed Monday, May 2, 2016 at 9:30
A.M. in Courtroom No. 1A, Lehigh
County Courthouse, Allentown,
Pennsylvania, as the date and place
for the hearing of said Petition. All
persons interested in the proposed
change of name may appear and
show cause, if any they have, why the
prayer of said Petitioner should not
be granted.
ALLEN I. TULLAR, ESQ.
GROSS McGINLEY, LLP
33 South 7th Street
P.O. Box 4060
Allentown, PA 18105-4060
M-18
NOTICE
NOTICE IS HEREBY GIVEN that
a Certificate of Organization has been
filed on February 16, 2016 with the
Department of State of the Commonwealth of Pennsylvania, pursuant to
the provisions of the Pennsylvania
Limited Liability Act of 1994 for the
following limited liability company:
LAYAL, LLC
has filed a Certificate of Organization
under the provisions of the Pennsylvania Limited Liability Company Law
of 1994.
GLADYS E. WILES, Esq.
SNYDER & WILES, P.C.
7731 Main Street
Fogelsville, PA 18051
(610) 391-9500
M-18
CHANGE OF NAME NOTICE
In the Court of Common Pleas of
Lehigh County
Civil Action—Law
NOTICE
NO. 2016-C-0751
NOTICE IS HEREBY GIVEN that
an application was made to the Dept.
of State of the Commonwealth of
NOTICE IS HEREBY GIVEN that
on March 1, 2016, the Petition of
Gregory Wayne Hoyle for a Change of
29
LEHIGH LAW JOURNAL
Name has been filed in the above
named Court, praying for a Decree to
change the name of Petitioner from
Gregory Wayne Hoyle to Caitlin Marie
Hoyle. The Court has fixed Monday,
May 2, 2016 at 9:30 A.M. in Courtroom No. 1A, Lehigh County Courthouse, Allentown, Pennsylvania, as
the date and place for the hearing of
said Petition. All persons interested
in the proposed change of name may
appear and show cause, if any they
have, why the prayer of said Petitioner should not be granted.
M-18
$194,453.57, obtained by JPMorgan
Chase Bank, National Association
(the mortgagee) against you.
NOTICE OF OWNER’S RIGHTS—
YOU MAY BE ABLE TO PREVENT
THIS SHERIFF’S SALE
To prevent this Sheriff’s Sale you
must take immediate action: 1. The
sale will be cancelled if you pay back
to JPMorgan Chase Bank, National
Association, the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find
out how much you must pay, you
may call: (610) 278-6800. 2. You may
be able to stop the sale by filing a
petition asking the Court to strike or
open the judgment, if the judgment
was improperly entered. You may
also ask the Court to postpone the
sale for good cause. 3. You may be
able to stop the sale through other
legal proceedings. 4. You may need
an attorney to assert your rights. The
sooner you contact one, the more
chance you will have of stopping the
sale. (See notice below on how to
obtain an attorney.)
Notice of Action in
Mortgage Foreclosure
In the Court of Common Pleas of
Lehigh County, Pennsylvania
Civil Action—Law
No. 2015-C-0999
JPMorgan Chase Bank,
National Association,
Plaintiff
vs.
Unknown Heirs, Successors,
Assigns and All Persons, Firms or
Associations Claiming Right, Title
or Interest From or Under
Charlene Smith, Deceased,
Defendant(s)
YOU MAY STILL BE ABLE TO SAVE
YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF
THE SHERIFF’S SALE
DOES TAKE PLACE
NOTICE OF SHERIFF’S SALE OF
REAL PROPERTY
5. If the Sheriff’s Sale is not
stopped, your property will be sold to
the highest bidder. You may find out
the price bid by calling (610) 2786800. 6. You may be able to petition
the Court to set aside the sale if the
bid price was grossly inadequate
compared to the value of your property. 7. The sale will go through only
if the buyer pays the Sheriff the full
amount due in the sale. To find out
if this has happened you may call
(610) 782-3175. 8. If the amount due
from the buyer is not paid to the
Sheriff, you will remain the owner of
the property as if the sale never happened. 9. You have a right to remain
in the property until the full amount
TO: Unknown Heirs, Successors, Assigns and All Persons, Firms or
Associations Claiming Right, Title
or Interest From or Under Charlene
Smith, Deceased, Defendant(s),
whose last known address is 1026
East Walnut Street, Allentown, PA
18109
Your house (real estate) at 1026
East Walnut Street assessed as 1020
East Walnut Street, Allentown, PA
18109, 641714126856-1, is scheduled to be sold at Sheriff’s Sale on
June 24, 2016, at 10:00 A.M., at
Lehigh County Courthouse, 455 W.
Hamilton St., Allentown, PA 18105,
to enforce the court judgment of
30
LEHIGH LAW JOURNAL
due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At
that time, the buyer may bring legal
proceedings to evict you. 10. You may
be entitled to a share of the money,
which was paid for your house. A
schedule of distribution of the money
bid for your house will be filed by the
Sheriff no later than thirty days after
the Sheriff Sale. This schedule will
state who will be receiving the money.
The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with
the Sheriff within ten (10) days after
the date of filing of said schedule. 11.
You may also have other rights and
defenses or ways of getting your
house back, if you act immediately
after the sale. YOU SHOULD TAKE
THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Lehigh County Lawyer Referral
Service
Lehigh County Bar Assn.
P.O. Box 1324
Allentown, PA 18105-1324
(610) 433-7094
PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT YOU
ARE ADVISED THAT THIS LAW FIRM
IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
Christopher A. DeNardo, EsQ.
Kristen D. Little, ESq.
Regina Holloway, Esq.
SaraH K. McCaffery, esq.
Leslie J. Rase, esq.
Alison H. Tulio, esq.
Katherine M. Wolf, esq.
Shapiro & DeNardo, LLC
Attys. for Plaintiff
3600 Horizon Dr.
Ste. 150
King of Prussia, PA 19406
(610) 278-6800
M-18
JURY TRIAL DEMANDED
In the United States District Court
for the Eastern District of
Pennsylvania
Civil Action
NO. 15-CV-6225
WM Capital Partners XXXIV, LLC,
Plaintiff
v.
Leslie C. Bartholomew a/k/a
Leslie C. Bartholomew, Jr.,
John T. Ruble and
Richard C. Benner,
Defendants
NATURE OF THE ACTION:
BREACH OF GUARANTY OF
LEASE AGREEMENTS
NOTICE
TO: JOHN RUBLE and RICHARD
BENNER
TAKE NOTICE THAT WM Capital
Partners XXXIV, LLC (“WM”) has filed
a Complaint in Civil Action for Breach
of Guaranty of Lease Agreements in
the aforesaid Court as of the above
term and number, averring that on
November 3, 2008, The Elex Group,
Inc. (“Elex”), a New Jersey corporation, executed an Agreement for
Leasing with First Lane Entertainment, Inc. (“First Lane”), a Pennsylvania corporation. Defendants executed a Guaranty for all leases and
future leases between Elex and First
Lane. Elex and First Lane entered
into three (3) separate equipment
leases. Upon Lessee’s default under
these lease Agreements, Elex was
entitled to pursue any and all of its
rights and remedies against the Defendants under the aforesaid Guaranty. Furthermore, Elex retained the
right to assign any rights and powers
under the aforesaid Guaranty. With
each of the equipment Lease Agreements, Elex executed an Installment
Note with NOVA Bank. The Installment Note was secured by a Security
Agreement with the lender NOVA
Bank. Elex executed Collateral As31
LEHIGH LAW JOURNAL
signments with the lender NOVA
Bank for each of the subject Leases.
On March 28, 2013, WM and the
Federal Deposit Insurance Corporation (“FDIC”), as Receiver for NOVA
Bank, entered into a Loan Sale Agreement, an Assignment and Assumption of Interest and Obligations
Agreements and Bill of Sale confirming that WM purchased all the rights,
title and interest of NOVA Bank to
purchase two (2) loan pools which
included inter alia the above described loans associated with the
equipment Leases between Elex and
First Lane whereby WM “stepped into
the shoes” of NOVA Bank under the
loan documents. On or about October
28, 2015, Elex executed an Assignment of Guaranty with the WM. The
FDIC, as Receiver for NOVA Bank
executed a Bill of Sale confirming that
WM purchased all the rights, title and
interest of NOVA Bank in the subject
loan transactions related to the subject three (3) equipment lease Agreements. As the assignee of Elex, WM
is the beneficiary of the Guaranty in
which the Defendants jointly, severally and unconditionally guaranteed
to Elex the payment and performance
of First Lane under equipment leases
between Elex and First Lane as Lessee. First Lane as Lessee, violated the
terms and conditions of the equipment Lease Agreements for nonpayment of rent. Furthermore, Defendants have breached the Guaranty
by failing to assure payment and
performance of the Lessee, First Lane
under the equipment Lease Agreements. Pursuant to the Guaranty,
Plaintiff, WM, as Assignee of Elex may
pursue its rights and remedies under
the Guaranty and shall be entitled to
payment and to enforce all of its
other rights against Lessee under the
subject equipment Lease Agreements
and related documents against the
Defendants, as more particularly
described in the said Complaint indefeasible as against all rights and
claims whatsoever, and you are
hereby notified to file an Answer
within twenty (20) days following the
date of this publication, in default of
which an Order may be entered as
prayed for against you, requiring you
to take such actions as may be ordered by the Court within thirty (30)
days after the entry of such Order in
default of which final judgment shall
be entered.
IF YOU WISH TO DEFEND against
the claims set forth in Plaintiff’s
Complaint or wish to assert any
claims in connection with the Complaint, you must take action within
twenty (20) days after publication of
this Notice by entering a written appearance personally or by attorney
and filing in writing with the Court
your defenses or objections to the
claims set forth. You are warned that
if you fail to do so, the case may
proceed without you and a judgment
may be entered against you by the
court without further notice for any
other claim or relief requested by the
Plaintiff. You may lose property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lehigh County Bar
Association
Lawyer referral service
P.O. Box 1324
Allentown, PA 18105-1324
Phone: (610) 433-7094
Timothy T. Stevens, Esq.
Pa. ID #60247
Davison & McCarthy, P.C.
Attorneys for Plaintiff
702 Hamilton Street
Suite 300
Allentown, PA 18101
(610) 435-0450
M-18
32
LEHIGH LAW JOURNAL
Skeptics say she will never start her own company.
A lawyer says she will.
She is denied her loan.
A lawyer helps her get one.
She can’t get a lease for office space.
A lawyer sees to it that she does.
She needs a business plan.
A lawyer helps her draft one.
Skeptics said she would never start her own company.
A lawyer helped her prove them wrong.
You have rights. Lawyers protect them.
Pennsylvania Bar Association
Bar Association of Lehigh County
33
LEHIGH LAW JOURNAL
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LEHIGH LAW JOURNAL
35
D
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I TO:
V
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PERIODICAL PUBLICATION
* Dated Material. Do Not Delay. Please Deliver Before Monday, March 21, 2016