contents - Northampton County Bar Association

Transcription

contents - Northampton County Bar Association
(USPS 395-280)
VOL. LV
EASTON, PA May 1, 2008
NO. 18
Roger Herstitch, Plaintiff v. Dean Harper, D&A Emergency Equipment, The
Borough of Hellertown, Robert P. Balum, Chief of Police of the Borough of
Hellertown, and Havis-Shields Corp., Defendants
Northampton County Reporter Digest—2008-5
CONTENTS
Bar News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Corporate Fictitious Name
Registration Notice. . . . . . . . . . . . . . . . . . . . . 12
Estate Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Fictitious Name Registration Notice. . . . . . . . . 12
Legal Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Northampton County Reporter
Digest—2008-5. . . . . . . . . . . . . . . . . . . . . . . . 53
Notice of Incorporation. . . . . . . . . . . . . . . . . . . . 11
Notice of Nonprofit Incorporation . . . . . . . . . . . 12
Sheriff’s Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INSERT: Goldenrod: 1. 2008 Calendar of Events
2. Lehigh Valley Iron Pigs vs. Scranton/Wilkes Barre Yankees
3. Quarterly Association Meeting—Malpractice Avoidance Seminar
4. Walk for a Healthy Community
NOTICE TO THE BAR....
Registration form for the May 22 Quarterly Meeting is inside. Program—
Malpractice Avoidance Seminar.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical,
photocopying, or any other means without the prior written permission of the copyright holder.
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
NORTHAMPTON COUNTY BAR ASSOCIATION
2008 BAR ASSOCIATION OFFICERS
Michael C. Deschler. . . . . . . . . . . . . . . . . . . . . President
Joseph A. Corpora, III. . . . . . . . . . . . . . . . President-elect
Jacqueline M. Taschner. . . . . . . . . . . . . . . Vice President
Kerry S. Freidl . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer
Victor E. Scomillio. . . . . . . . . . . . . . . . . . . . . . Secretary
Joel H. Ziev. . . . . . . . . . . . . . . . . . . . . . . . Past President
BOARD OF GOVERNORS
ZONE II DELEGATES
Steven N. Goudsouzian
Barbara L. Hollenbach
Abraham P. Kassis
Nicholas Noel, III
Alyssa A. Lopiano-Reilly
Joel M. Scheer
Samuel P. Murray
Michael P. Shay
Daniel M. O’Donnell
Ronald W. Shipman
Barbara Rush Renkert
Joel H. Ziev
Christopher M. Reid
Northampton County Reporter
Attorney Referral & Information Service
155 South Ninth Street, Easton, PA 18042-4399
Phone (610) 258-6333 Fax (610) 258-8715
E-mail: [email protected]
PBA (800) 932-0311—PBI (800) 932-4637
BAR ASSOCIATION STAFF
Mary Beth Leeson. . . . . . . . . . . . . . . Executive Director
Stephanie Pasquel. . . . . . . . . . . . . . . . . . . . . Accounting
Heather Rizzotto-Stefanik. . . . . . . . . . . . . Legal Journal
Gloria A. Robison. . . . . . . . . . . . . . . . Attorney Referral
Deborah J. Flanagan. . . . . . . . . . . . . . Attorney Referral
The Northampton County Reporter will be published every Thursday
by the Northampton County Bar Association, 155 South Ninth St.,
Easton, PA 18042-4399. All legal notices relating to the business of the
county, are required by rule of Court, to be published in this Journal. All
legal notices must be submitted in typewritten form and are published
exactly as submitted by the advertiser. Neither the Law Reporter nor the
printer will assume any responsibility to edit, make spelling corrections,
eliminate errors in grammar or make any changes to content.
Subscription Price—$75.00 per year.
Periodical Postage Paid at Easton, PA and additional office.
Postmaster: Send all communications and address changes to:
NORTHAMPTON COUNTY REPORTER
155 South Ninth St., Easton, PA 18042-4399
Telephone (610) 258-6333 FAX (610) 258-8715
Robert C. Brown, Jr., Esquire
Editor
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
NOTICE TO NCBA MEMBERS – BAR NEWS
Quarterly Association Meeting
Thursday, May 22, 2008, 12:00 p.m. at the Best Western, Bethlehem.
Program: Malpractice Avoidance Seminar. Registration form inside.
Iron Pigs vs. Scranton/Wilkes Barre, July 2nd—Registration form inside.
Yankees vs. Blue Jays game—SOLD OUT!
Save the Dates!
July 24, 2008—Summer Outing
Louise Moore Park, Easton
September 18, 2008—Quarterly Association Meeting
The Candlelight, 12:00 p.m.
October 17 & 18, 2008—Bench Bar Conference
Crystal Springs Hotel & Conference Center, Vernon, NJ
Education is when you read the fine print. Experience is what you get if you
don’t.—Pete Seeger
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
ESTATE NOTICES
Notice is hereby given that in the
estate of the decedents set forth below
the Register of Wills has granted letters, testamentary or of administration to the persons named. All persons having claims or demands
against said estates are requested to
make known the same, and all persons indebted to said estates are requested to make payment without
delay to the executors or administrators or their attorneys named below.
FIRST PUBLICATION
ALBANESE, RICHARD A., dec’d.
Late of Lower Mt. Bethel,
Northampton County, PA
Co-Administrators: Richard J.
Albanese and Theresa D. Albanese c/o Ralph J. Bellafatto,
Esquire, 4480 William Penn
Highway, Easton, PA 18045
Attorney: Ralph J. Bellafatto,
Esquire, 4480 William Penn
Highway, Easton, PA 18045
CLEMENT, JOSEPH P. a/k/a
JOSEPH P. F. CLEMENT,
dec’d.
Late of Bath, Northampton
County, PA
Executrix: Kimberly G. Krupka,
Esquire, Gross, McGinley, LaBarre & Eaton, LLP, P.O. Box
4060, Allentown, PA 181054060
Attorneys: Kimberly G. Krupka,
Esquire, Gross, McGinley, LaBarre & Eaton, LLP, P.O. Box
4060, Allentown, PA 181054060
GEHRES, MARY, dec’d.
Late of the Borough of North
Catasauqua, Northampton
County, PA
Administrator: Henry R. Newton,
Jr., Esquire c/o Herster, Newton
5/1/2008
& Murphy, 127 N. 4th St., P.O.
Box 1087, Easton, PA 180441087
Attorneys: Herster, Newton &
Murphy, 127 N. 4th St., P.O. Box
1087, Easton, PA 18044-1087
GILLOW, GAIL L., dec’d.
Late of the Township of Lower
Mt. Bethel, Northampton County, PA
Executor: Ricky Gillow c/o David
J. Ceraul, Esquire, 22 Market
Street, P.O. Box 19, Bangor, PA
19013-0019
Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box
19, Bangor, PA 19013-0019
GRUVER, DOROTHY M. a/k/a
DOROTHY FLAGLER GRUVER, dec’d.
Late of Hellertown, Northampton
County, PA
Personal Representative: Darwin
L. Gruver c/o Peter P. Perry,
Esquire, 1600 Lehigh Parkway
East, 1E, Allentown, PA 181033097
Attorney: Peter P. Perry, Esquire,
1600 Lehigh Parkway East, 1E,
Allentown, PA 18103-3097
HAMMOND, GEORGE A., dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Executrix: Joan P. Sell c/o Michael E. Riskin, Esquire, Riskin
and Riskin, 18 E. Market St.,
P.O. Box 1446, Bethlehem, PA
18016-1446
Attorneys: Michael E. Riskin,
Esquire, Riskin and Riskin, 18
E. Market St., P.O. Box 1446,
Bethlehem, PA 18016-1446
KOVACS, MARY A., dec’d.
Late of Bethlehem, Northampton
County, PA
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
170, Bethlehem, PA 180185738
McMANUS, EDWARD J., dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Executrix: Patricia A. Zelko c/o
Bradford D. Wagner, Esquire,
662 Main Street, Hellertown, PA
18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
MILLER, WALTER A. a/k/a WALTER MILLER, dec’d.
Late of Danielsville, Northampton County, PA
Co-Executors: Robert Boreman,
504 Church Road, Northampton, PA 18067 and Patricia
Brunell, 745 S. Main Street,
Bangor, PA 18013
Attorneys: Charles A. Waters,
Esquire, Steckel and Stopp, 125
S. Walnut Street, Suite 210,
Slatington, PA 18080
REDDING, RICHARD J., dec’d.
Late of 1741 Levering Place,
Bethlehem, Northampton County, PA
Executor: Richard E. Redding
c/o Norman E. Blatt, Jr., Esquire, Scherline & Associates,
512 Walnut Street, Allentown,
PA 18101
Attorneys: Norman E. Blatt, Jr.,
Esquire, Scherline & Associates,
512 Walnut Street, Allentown,
PA 18101
REMSING, MARY F., dec’d.
Late of the Borough of Nazareth,
Northampton County, PA
Co-Executors: Marie McClellan
and Joseph Remsing c/o Alfred
S. Pierce, Esquire, Pierce &
Dally, LLP, 124 Belvidere Street,
Nazareth, PA 18064
Executor: Joseph E. Motil c/o
John W. Rybak, Esquire, 408
Adams Street, Bethlehem, PA
18105
Attorney: John W. Rybak, Esquire, 408 Adams Street, Bethlehem, PA 18105
KRESGE, DOROTHY R., dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Executor: Roy J. Ludwick, Jr.
c/o Littner, Deschler & Littner,
512 N. New St., P.O. Box 1407,
Bethlehem, PA 18016-1407
Attorneys: Littner, Deschler &
Littner, 512 N. New St., P.O. Box
1407, Bethlehem, PA 180161407
LAMBERT, GRACE A., dec’d.
Late of the Township of Upper
Nazareth, Northampton County,
PA
Executrix: Emmeline J. Hadeed
c/o Gregory R. Reed, Esquire,
Attorney-at-Law, 141 South
Broad Street, P.O. Box 299,
Nazareth, PA 18064-0299
Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141
South Broad Street, P.O. Box
299, Nazareth, PA 18064-0299
MARTIN, CAROLINE BETTIE
a/k/a C. BETTIE MARTIN,
dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Administrator C.T.A.: Paul A.
Florenz c/o Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste.
170, Bethlehem, PA 180185738
Attorneys: Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste.
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Attorneys: Alfred S. Pierce, Esquire, I.D. No. 21445, Pierce &
Dally, LLP, 124 Belvidere Street,
Nazareth, PA 18064
SEIDEL, HELEN, dec’d.
Late of the Borough of Wind Gap,
Northampton County, PA
Executor: Glenn Seidel c/o
Carla J. Thomas, Esquire, Thomas & Thomas, 716 Washington
Street, Easton, PA 18042
Attorneys: Carla J. Thomas,
Esquire, Thomas & Thomas, 716
Washington Street, Easton, PA
18042
SMITH, MIRIAM E., dec’d.
Late of the Borough of Nazareth,
Northampton County, PA
Executrix: Sundra S. Kline c/o
Alfred S. Pierce, Esquire, Pierce
& Dally, LLP, 124 Belvidere
Street, Nazareth, PA 18064
Attorneys: Alfred S. Pierce, Esquire, I.D. No. 21445, Pierce &
Dally, LLP, 124 Belvidere Street,
Nazareth, PA 18064
ZIENTEK, JOSEPHINE F. a/k/a
JOSEPHINE ZIENTEK, dec’d.
Late of the Township of Bethlehem, Northampton County, PA
Executrix: Angela Mary Zientek
a/k/a Angela M. Wendland c/o
Littner, Deschler & Littner, 512
N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407
Attorneys: Littner, Deschler &
Littner, 512 N. New St., P.O. Box
1407, Bethlehem, PA 180161407
ZIENTEK, STEPHEN J., dec’d.
Late of the Township of Bethlehem, Northampton County, PA
Executrix: Arlene A. Zientek c/o
Littner, Deschler & Littner, 512
N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407
Attorneys: Littner, Deschler &
Littner, 512 N. New St., P.O. Box
1407, Bethlehem, PA 180161407
SECOND PUBLICATION
AMADORE, ARLENE L., dec’d.
Late of the Borough of Nazareth,
Northampton County, PA
Co-Executrices: Darlene A. Klingel, HC 1, Box 48, Saylorsburg,
PA 18353 and Stephanie E. Lilly,
156 Spring Street, Nazareth, PA
18064
Attorneys: Peters, Moritz, Pei­
schl, Zulick, Landes & Brienza,
LLP, 1 South Main Street, Nazareth, PA 18064
BEST, PEARL M., dec’d.
Late of the Township of Lower
Nazareth, Northampton County,
PA
Executrix: Diane White, 491
Manor Drive, Nazareth, PA
18064
Attorney: Holly V. Calantoni,
Esquire, 211 West Broad Street,
Bethlehem, PA 18018-5517
BETZ, ANDREW M., dec’d.
Late of the Township of Upper
Nazareth, Northampton County,
PA
Administrator C.T.A.: Michael A.
Betz, III, 4330 Christian Spring
Road, Nazareth, PA 18064
Attorneys: Peters, Moritz, Pei­
schl, Zulick, Landes & Brienza,
LLP, 1 South Main Street, Nazareth, PA 18064-2083
CHIOTES, GEORGE, dec’d.
Late of the City of Easton,
Northampton County, PA
Executor: Eugene F. Kranz c/o
Judith A. Harris, Esquire, Tallman, Hudders & Sorrentino,
P.C., The Paragon Centre, 1611
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Pond Road, Suite 300, Allentown, PA 18104
Attorneys: Judith A. Harris, Esquire, Tallman, Hudders & Sorrentino, P.C., The Paragon Centre, 1611 Pond Road, Suite 300,
Allentown, PA 18104
COHEN, BEATRICE L., dec’d.
Late of 831 Brodhead Court,
Easton, Northampton County,
PA
Executor: Earl T. Cohen c/o
Noonan & Prokup, 526 Walnut
St., Allentown, PA 18101
Attorneys: Noonan & Prokup,
526 Walnut St., Allentown, PA
18101
CORRELL, LYNN A. a/k/a LYNN
ALBERT CORRELL, dec’d.
Late of the Township of Palmer,
Northampton County, PA
Executrix: Patricia D. Correll,
2115 Gruver Avenue, Easton, PA
18045
Attorney: William P. Coffin, Esquire, 100 North Fourth Street,
Easton, PA 18042
DeROACH, FRANCES M., dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Administratrix: Judith B. Tanzella c/o Theresa Hogan, Esquire, Attorney-at-Law, 340
Spring Garden Street, Easton,
PA 18042
Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340
Spring Garden Street, Easton,
PA 18042
GEARHART, MARTIN T., dec’d.
Late of Nazareth, Northampton
County, PA
Executrix: Joanne C. Gearhart
c/o Randal J. McDowell, Esquire, 221 Noble Plaza, 801 Old
York Rd., Jenkintown, PA
19046
Attorney: Randal J. McDowell,
Esquire, 221 Noble Plaza, 801
Old York Rd., Jenkintown, PA
19046
GUM, JENNIE B., dec’d.
Late of the Township of Washington, Northampton County,
PA
Executor: Russell L. Brown c/o
McFall, Layman & Jordan, P.C.,
Attorneys at Law, 134 Broadway,
Bangor, PA 18013
Attorneys: McFall, Layman &
Jordan, P.C., Attorneys at Law,
134 Broadway, Bangor, PA
18013
HANCHETT, DORIS R., dec’d.
Late of Hanover Township,
Northampton County, PA
Executrix: Donna H. Atkinson
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
HEARN, HAROLD O., dec’d.
Late of the Township of Palmer,
Northampton County, PA
Executor: Douglas R. Fulmer c/o
Ellen S. Kingsley, Esquire, 162
South Union Street, Easton, PA
18042
Attorney: Ellen S. Kingsley, Esquire, 162 South Union Street,
Easton, PA 18042
KEMMERER, THOMAS L., dec’d.
Late of the Township of Lehigh,
Northampton County, PA
Executrix: Doris D. Zellers, 3780
Little Gap Road, Palmerton, PA
18071
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5/1/2008
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
Attorneys: Craig A. Dally, Esquire, Pierce & Dally, LLP, 124
Belvidere Street, Nazareth, PA
18064
POTTER, JOHN B., dec’d.
Late of the Township of Upper
Mt. Bethel, Northampton County, PA
Executor: Harvey J. Potter c/o P.
Patrick Morrissey, Esquire, 1318
North Fifth Street, Stroudsburg,
PA 18360
Attorney: P. Patrick Morrissey,
Esquire, 1318 North Fifth Street,
Stroudsburg, PA 18360
RAVIER, MINNIE E., dec’d.
Late of Lower Saucon Township,
Northampton County, PA
Executor: James L. Ravier c/o
Bradford D. Wagner, Esquire,
662 Main Street, Hellertown, PA
18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
REIDER, RAYMOND P., JR.,
dec’d.
Late of Forks Township,
Northampton County, PA
Administrator: Alan P. Reider c/o
David R. White, Jr., Esquire,
Fineman Krekstein & Harris,
P.C., Mellon Bank Center, 1735
Market Street, Ste. 600, Philadelphia, PA 19103
Attorneys: David R. White, Jr.,
Esquire, Fineman Krekstein &
Harris, P.C., Mellon Bank Center,
1735 Market Street, Ste. 600,
Philadelphia, PA 19103
RONCO, THOMAS W., dec’d.
Late of Roseto Borough, North­
ampton County, PA
Co-Executors: Pasquale Ronco
a/k/a Pasqual Ronco and Carl
Ronco c/o P. Christopher Cot-
Attorneys: James A. Wimmer,
Esquire, Philip & Wimmer, 419
Delaware Avenue, P.O. Box 157,
Palmerton, PA 18071
KUTAS, SOPHIE A., dec’d.
Late of the Borough of Hellertown, Northampton County, PA
Executrix: Dorothy V. Weinperl
c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
LOKUSHEK, ANN JONES, dec’d.
Late of the Township of Palmer,
Northampton County, PA
Executrix: Bonnie Lee Presto
a/k/a Bonnie L. Rogers c/o
Thomas L. Walters, Esquire,
Lewis and Walters, 46 South
Fourth Street, P.O. Box A, Easton, PA 18044-2099
Attorneys: Thomas L. Walters,
Esquire, Lewis and Walters, 46
South Fourth Street, P.O. Box
A, Easton, PA 18044-2099
MUHR, JOSEPH, dec’d.
Late of the Borough of Hellertown, Northampton County, PA
Executrix: Elaine B. Rogers c/o
Bradford D. Wagner, Esquire,
662 Main Street, Hellertown, PA
18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
POLONI, ANDREW, dec’d.
Late of the Township of Upper
Nazareth, Northampton County,
PA
Executrix: Andrea Poloni c/o
Craig A. Dally, Esquire, Pierce &
Dally, LLP, 124 Belvidere Street,
Nazareth, PA 18064
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
turo, Esquire, Attorney-at-Law,
75 Bangor Junction Road, Bangor, PA 18013
Attorney: P. Christopher Cotturo,
Esquire, Attorney-at-Law, 75
Bangor Junction Road, Bangor,
PA 18013
RUNDLE, RUTH L., dec’d.
Late of the Borough of Nazareth,
Northampton County, PA
Executor: Richard W. Rundle,
215 West Second Street, Waynesboro, PA 17268
Attorneys: Clinton T. Barkdoll,
Esquire, Kulla, Barkdoll, Ullman
& Painter, P.C., 9 East Main
Street, Waynesboro, PA 17268
SCHUCH, FELIX S., dec’d.
Late of the Township of Lower
Nazareth, Northampton County,
PA
Co-Executors: Marie A. Cunningham, William F. Schuch and
Felix M. Schuch c/o Craig A.
Dally, Esquire, Pierce & Dally,
LLP, 124 Belvidere Street, Nazareth, PA 18064
Attorneys: Craig A. Dally, Esquire, Pierce & Dally, LLP, 124
Belvidere Street, Nazareth, PA
18064
STACHOWICZ, FREDERICK,
dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Executor: Robert Stachowicz c/o
Keith D. Cacciatore, Esquire,
Suite 302, 2045 Westgate Drive,
Bethlehem, PA 18017
Attorney: Keith D. Cacciatore,
Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA
18017
VETROSKY, STEPHEN T., dec’d.
Late of the City of Bethlehem,
Northampton County, PA
5/1/2008
Executor: Gene P. Miller c/o
Melissa P. Rudas, Esquire, Attorney-at-Law, 140 East Broad
Street, Bethlehem, PA 18018
Attorney: Melissa P. Rudas, Esquire, Attorney-at-Law, 140 East
Broad Street, Bethlehem, PA
18018
WARGYAS, STEPHANIE, dec’d.
Late of South Whitehall Township, Lehigh County, PA
Executor: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street, Hellertown, PA 18055-1726
WIEDER, DALE A., SR., dec’d.
Late of the City of Easton,
Northampton County, PA
Executrix: Evelyn J. Burke, 322
W. Wilkes Barre Street, Easton,
PA 18042
Attorney: Beth A. Knickerbocker,
Esquire Third Floor, 100 North
Third Street, Easton, PA 18042
THIRD PUBLICATION
CUOMO, DONALD C., dec’d.
Late of Lower Saucon Township,
Northampton County, PA
Executor: Keith F. Cuomo c/o
Joel M. Scheer, Esquire, Fishbone & Scheer, 940 W. Lafayette
Street, Easton, PA 18042
Attorneys: Joel M. Scheer, Esquire, Fishbone & Scheer, 940
W. Lafayette Street, Easton, PA
18042
DUCY, WILBERT a/k/a WILBERT
W. DUCY, dec’d.
Late of the Township of Lower
Mt. Bethel, Northampton County, PA
Executrix: Sharron Carpenter
c/o Yvonne Falcone Gundry,
Esquire, 22 Market Street, P.O.
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NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Box 19, Bangor, PA 180130019
Attorney: Yvonne Falcone Gundry, Esquire, 22 Market Street,
P.O. Box 19, Bangor, PA 180130019
ERB, DONALD PETER, dec’d.
Late of the City of Nazareth,
Northampton County, PA
Executrix: Joan Erb c/o Keith D.
Cacciatore, Esquire, Suite 302,
2045 Westgate Drive, Bethlehem, PA 18017
Attorney: Keith D. Cacciatore,
Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA
18017
FOGEL, MARJORIE E., dec’d.
Late of the Township of Washington, Northampton County,
PA
Co-Executors: William C. Fogel
and Kathy Strouse c/o McFall,
Layman & Jordan, P.C., Attorneys at Law, 134 Broadway,
Bangor, PA 18013
Attorneys: McFall, Layman &
Jordan, P.C., Attorneys at Law,
134 Broadway, Bangor, PA
18013
KITCHEN, RUTH ELIZABETH,
dec’d.
Late of the Borough of Nazareth,
Northampton County, PA
Executrix: Ruth Ann Rush c/o
Daniel E. Cohen, Attorney,
Seidel, Cohen, Hof & Reid, L.L.C.,
3101 Emrick Blvd., Suite 205,
Bethlehem, PA 18020
Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof &
Reid, L.L.C., 3101 Emrick Blvd.,
Suite 205, Bethlehem, PA
18020
LAMBERT, BERNARD W., dec’d.
Late of the Borough of Bath,
Northampton County, PA
5/1/2008
Executrix: Tammy J. Yob, 135
Wolf Street, Bath, PA 18014
Attorney: Daniel G. Spengler,
Esquire, 110 East Main Street,
Bath, PA 18014
MENTESANA, VELMA, dec’d.
Late of the Borough of Wilson,
Northampton County, PA
Executor: Charles S. Smith,
Esquire, 340 Dogwood Terrace,
Easton, PA 18040
Attorney: Charles S. Smith, Esquire, 340 Dogwood Terrace,
Easton, PA 18040
MILLS, BARBARA H., dec’d.
Late of Upper Nazareth Township, Northampton County, PA
Co-Executors: Dennis G. Mills,
Jr. and William C. Mills c/o
Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square,
Easton, PA 18042-3606
Attorneys: Robert H. Jacobs,
Esquire, Jacobs & Jacobs, 8
Centre Square, Easton, PA
18042-3606
NEWMAN, ROBERT W., dec’d.
Late of Plainfield Township,
Northampton County, PA
Executor: Philip M. Chambers
c/o Robert H. Jacobs, Esquire,
Jacobs & Jacobs, 8 Centre
Square, Easton, PA 180423606
Attorneys: Robert H. Jacobs,
Esquire, Jacobs & Jacobs, 8
Centre Square, Easton, PA
18042-3606
QUIER, FERN E., dec’d.
Late of the Township of Bushkill,
Northampton County, PA
Executor: Donald M. Miller c/o
Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad
Street, P.O. Box 299, Nazareth,
PA 18064-0299
10
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
Attorneys: Littner, Deschler &
Littner, 512 N. New St., P.O. Box
1407, Bethlehem, PA 180161407
TREIBLE, REEDER EDISON
a/k/a R. EDISON TREIBLE
a/k/a REEDER E. TREIBLE,
dec’d.
Late of the Borough of Bangor,
Northampton County, PA
Executor: Reed Robert Treible
c/o David J. Ceraul, Esquire, 22
Market Street, P.O. Box 19, Bangor, PA 18013-0019
Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box
19, Bangor, PA 18013-0019
UHL, DOROTHY K., dec’d.
Late of the Township of Bethlehem, Northampton County, PA
Executrix: Pamela J. Boyer c/o
Harry Newman, Esquire, Harry
Newman & Associates, P.C.,
3897 Adler Place, Suite 180C,
Bethlehem, PA 18017
Attorneys: Harry Newman, Esquire, Harry Newman & Associates, P.C., 3897 Adler Place,
Suite 180C, Bethlehem, PA
18017
VAUGHN, MARILYN FRANCES
a/k/a MARILYN F. VAUGHN,
dec’d.
Late of Palmer Township, North­
ampton County, PA
Executrix: Arlene Mary Styles
c/o Ralph J. Bellafatto, Esquire,
4480 William Penn Highway,
Easton, PA 18045
Attorney: Ralph J. Bellafatto,
Esquire, 4480 William Penn
Highway, Easton, PA 18045
NOTICE OF INCORPORATION
NOTICE IS HEREBY GIVEN that
Articles of Incorporation were filed
Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141
South Broad Street, P.O. Box
299, Nazareth, PA 18064-0299
SABATINE, HELEN, dec’d.
Late of the Township of Lower
Mt. Bethel, Northampton County, PA
Executor: David Sabatine c/o
McFall, Layman & Jordan, P.C.,
Attorneys at Law, 134 Broadway,
Bangor, PA 18013
Attorneys: McFall, Layman &
Jordan, P.C., Attorneys at Law,
134 Broadway, Bangor, PA
18013
SERFASS, NAOMI T., dec’d.
Late of the Borough of Wind Gap,
Northampton County, PA
Executrix: Dona E. Bandzi c/o
David J. Ceraul, Esquire, 22
Market Street, P.O. Box 19, Bangor, PA 18013-0019
Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box
19, Bangor, PA 18013-0019
SMITH, SHIRLEY I., dec’d.
Late of Plainfield Township,
Northampton County, PA
Executor: Arthur A. Smith c/o
Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square,
Easton, PA 18042-3606
Attorneys: Robert H. Jacobs,
Esquire, Jacobs & Jacobs, 8
Centre Square, Easton, PA
18042-3606
TINSMAN, ROBERT E., JR. a/k/a
ROBERT E. TINSMAN, dec’d.
Late of the City of Bethlehem,
Northampton County, PA
Executrix: Barbara A. Tinsman
c/o Littner, Deschler & Littner,
512 N. New St., P.O. Box 1407,
Bethlehem, PA 18016-1407
11
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
P.L. 1444, No. 177, by the following
nonprofit corporation:
KELLYN FOUNDATION
The purpose for which it has been
organized is: The corporation is
organ­ized exclusively for charitable,
religious, educational and scientific
purposes, including, for such purposes, the making of distributions to
organizations that qualify as exempt
organizations under section 501(c)(3)
of the Internal Revenue Code of 1986,
as amended, or the corresponding
section of any future federal tax
code.
The Articles of Incorporation were
filed on April 14, 2008, and are effective upon filing.
TIMOTHY J. DUCKWORTH,
ESQUIRE
MOSEBACH, FUNT, DAYTON &
DUCKWORTH, P.C.
2045 Westgate Drive
Suite 404
Bethlehem, PA 18017
May 1
with the Department of State of the
Commonwealth for:
GEMZO, INC.
The corporation has been incorporated under the Pennsylvania
Business Corporation Law of 1988,
as amended.
McFALL, LAYMAN & JORDAN, P.C.
134 Broadway
Bangor, PA 18013
May 1
FICTITIOUS NAME
REGISTRATION NOTICE
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Act 295 of
1982 of intention to file, or the filing
of, in the Office of the Secretary of the
Commonwealth, at Harrisburg, Pennsylvania, a certificate for the conduct
of a business in Pennsylvania, under
the assumed or fictitious name, style
or designation of:
JH CRYSTAL WEAR
with its principal place of business at:
1034 N. New Street, Bethlehem,
Pennsylvania 18018.
The individual interested in the
said business is: Joan L. Haas, 1034
N. New Street, Bethlehem, Pennsylvania 18018.
JAMES L. BROUGHAL, ESQUIRE
BROUGHAL & DeVITO, L.L.P.
38 West Market Street
Bethlehem, PA 18018
May 1
NOTICE OF NONPROFIT
INCORPORATION
NOTICE IS HEREBY GIVEN that
Articles of Incorporation have been
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 Nonprofit Corporation
Law of the Commonwealth of Pennsylvania, Act of December 21, 1988,
5/1/2008
CORPORATE FICTITIOUS NAME
REGISTRATION NOTICE
NOTICE IS HEREBY GIVEN pursuant to the provisions of Act 295 of
1982 (54 Pa. C.S.A. Sec. 311 et seq.),
as amended, of the filing of, in the
Office of the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, a Certificate
for the conduct of a business in
Northampton County, Pennsylvania,
under the assumed or fictitious
name, style or designation of:
KEN SHIFFERT & SON
CUSTOM HOMES & FRAMING
with its principal place of business at:
603 Fehr Road, Nazareth, PA
18064.
The name and address of the entity owning or interested in said business is: Shiffert Construction, Inc.,
12
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
LOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
155 South 9th Street
Easton, PA 18042
Telephone: (610) 258-6333
WILLIAM J. McCARTHY, III,
ESQUIRE
Attorney I.D. #07894
McCARTHY LAW OFFICES
Attorneys for Borough of
Northampton
1319 Main Street
Hellertown, PA 18055
Telephone No.: (610) 838-6050
May 1
603 Fehr Road, Nazareth, PA
18064.
The Certificate was filed on March
14, 2008.
JAMES L. ZULICK, ESQUIRE
PETERS, MORITZ, PEISCHL,
ZULICK, LANDES & BRIENZA, LLP
1 South Main Street
Nazareth, PA 18064
May 1
IN THE COURT OF COMMON
PLEAS OF NORTHAMPTON
COUNTY, PENNSYLVANIA
CIVIL DIVISION
CIVIL ACTION—QUIET TITLE
BOROUGH OF NORTHAMPTON
vs.
MAXWELL COHEN, his heirs
and assigns
And
EDWARD SHOUP a.k.a Edward
Shroup, his heirs and assigns
And
Any and all other persons or entities
known or unknown having or
claiming to have any right, title or
interest adverse to Plaintiff in the
subject premises
TAX PARCEL M4 NW 1B-544
No.: C0048CV2008002425
IMPORTANT NOTICE
All potential interested parties, be
advised that you are in default because you have failed to take action
required of you in this case. Unless
you act within ten (10) days from the
date of this notice, a judgment may
be entered against you without a
hearing and you may lose your property or other important rights. A motion for judgment of this matter will
be presented at Motions Court of May
29, 2008 at 9:00 A.M.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE BE-
NOTICE
NOTICE OF INTENT OF THE
NORTHAMPTON AREA SCHOOL
DISTRICT BOARD OF SCHOOL
DIRECTORS TO LEVY, ASSESS
AND COLLECT A REALTY
TRANSFER TAX AND TO
AUTHORIZE THE DEPARTMENT
OF REVENUE OF THE
COMMONWEALTH OF
PENNSYLVANIA TO DETERMINE,
COLLECT AND ENFORCE THE
TAX, INTEREST AND PENALTIES
NOTICE IS HEREBY GIVEN pursuant to the Act of December 31,
1965, P.L. 1257, §4, as amended 53
P.S. §6904, known as the “Local Tax
Enabling Act”, that the Northampton
Area School District Board of School
Directors (herein called Board) under
the authority of the Act of March 4,
1971 P.L. 6, No. 2, as amended 72
P.S. §8101-C et seq. and §8101-D et
seq. intends to adopt a Realty Transfer Tax Resolution at a duly advertised
public meeting on May 19, 2008. The
Resolution authorizes the Board to
repeal a prior Realty Transfer Tax
Resolution and to levy, assess and
collect for general revenue purposes
effective July 1, 2008 a tax upon a
transfer of real property or an interest
13
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
in real property within the limits of
the Northampton Area School District
regardless of where the instruments
making the transfer are made, executed or delivered or where the actual settlements on the transfer take
place. The tax imposed under the
Resolution shall be subject to rate
limitations provided by §§5, 8 and 17
of “The Local Tax Enabling Act,” 53
P.S. §§6905, 6908, 6917. The amount
of revenue to be derived from the tax
is dependent upon the number of
transfers of real property or an interest in real property. The tax author­
ized under Article XI-D, 72 P.S.
§8101-D et seq. shall be administered, collected and enforced under
the “Local Tax Enabling Act” provided,
however, that, if the correct amount
of the tax is not paid by the last date
prescribed for timely payment as
provided for in Article XI-C, 72 P.S.
§8102-C, the Department of Revenue
may determine the tax, interest and
penalty pursuant to Article XI-D, 72
P.S. §8109-D and may collect and
enforce the tax, interest and penalty
in the same manner as tax, interest
and penalty imposed by Article XI-C,
72 P.S. 8101-C et seq.
Terry A. Leh, Secretary
Northampton Area School District
Board of School Directors
Apr. 24; May 1, 8
5/1/2008
filed, praying for a decree to change
his name to Heather Justina Stala.
The Court has fixed July 2, 2008, at
9:00 A.M., in Courtroom 4, Northampton County Courthouse, 669 Washington Street, Easton, Pennsylvania,
for the hearing. All persons interested
may appear and show cause, if any
they have, why the prayer of the said
petition should not be granted.
HERBERT G. LITVIN, ESQUIRE
Attorney for Petitioner
151 South Seventh Street
Easton, PA 18042
May 1
SHERIFF’S SALE OF
VALUABLE REAL ESTATE
The following real estate will be
sold by the Sheriff of North­amp­ton
County, Pennsylvania, on MAY 9,
2008 at ten o’clock a.m. in the COUNCIL CHAMBERS, THIRD FLOOR, of
the North­amp­ton County Government Center, within the City of Easton, County of North­amp­ton and
State of Pennsylvania, to wit:
PLEASE TAKE NOTICE that the
sale price will include only the delinquent taxes certified to the Sheriff’s
Office. Any current taxes are the responsibility of the purchaser.
No. 2
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010395
ALL THAT CERTAIN lot or piece of
ground with the dwelling, house
erected thereon known as No. 206
North 11th Street, Easton, Pennsylvania, Situated on the East side of
North 11th Street, in the City of Easton, County of Northampton and
State of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on North
11th Street, 52 1/2 feet North of
Spring Garden Street; thence extend-
IN THE COURT OF COMMON
PLEAS OF NORTHAMPTON
COUNTY
CHANGE OF NAME NOTICE
IN RE: Change of name of ADAM
JUSTIN STALA a/k/a ADAM J.
STALA, SR. a/k/a ADAM J. STALA
NO. C-48-CV-2008-4130
NOTICE IS HEREBY GIVEN that
on April 28, 2008, the Petition of
Adam Justin Stala a/k/a Adam J.
Stala, Sr. a/k/a Adam J. Stala was
14
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
ing Eastwardly at right angles to
North 11th Street 100 feet to a 10 feet
wide private alley; thence Northwardly along said alley 12 1/2 feet to
a point; thence Westwardly along
property now or late of William J.
Kane, 100 feet to said North 11th
Street; thence Southwardly along said
North 11th Street 12 1/2 feet to the
place of beginning.
Bounded on the North by property now or late of William J. Kane,
on the East by the 10 feet wide private
alley aforesaid, on the South by property now or late of George W. Youngkin, and on the West by the said North
11th Street.
PARCEL NO: L9NE4D-30-5.
BEING THE SAME PREMISES
which Dennis Keith Group, LTD,
Trustee of the 2006 North Eleventh
Street Land Trust, by Deed dated
December 1, 2005 and recorded April
6, 2006 in the Office for the Recorder
of Deeds in and for the County of
Northampton in Deed Book 2006-1
Page 137492, granted and conveyed
unto Matthew Gleason, in fee.
THEREON BEING ERECTED a
two and one-half story one-half of a
double brick dwelling with shingle
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Matthew Gleason.
LAUREN R. TABAS, ESQUIRE
5/1/2008
corder of Deeds Office in and for
Northampton County, Pennsylvania
in Map Book Vol 2003-5, Page 358,
being more fully bounded and described as follows, to wit:
BEGINNING at a point on the
eastern right-of-way line of Gillian
Lane (50 feet wide), said point being
the southwest corner of Lot 288 and
the northwest corner of the herein
described Lot 289;
thence along the southern boundary line of Lot 288, North eighty-nine
degrees, twenty-nine minutes twentynine seconds East (N 89° 29’ 29” E),
a distance of one hundred eleven and
eighty-seven one-hundredths feet
(111.87’) to a point;
thence along the western boundary lines of Lots 277 and 276, South
two degrees twenty-nine minutes
fifty-seven seconds East (S 02° 29’ 57”
E), a distance of forty-two and seventy-seven one-hundredths feet (42.77’ )
to a point;
thence along the northern boundary line of Lot 290, South eighty-nine
degrees twenty-nine minutes twentynine seconds West (S 89° 29’ 29” W),
a distance of one hundred sixteen and
thirteen one-hundredths feet (116.13’)
to a point;
thence along the eastern right-ofway line of Gillian Lane along a curve
to the right, having a radius of nine
hundred seventy-seven and zero onehundredths (977.00’), a central angle
of two degrees thirty minutes fortythree seconds (02° 30’ 43”), a length
along the arc of forty-two and eightyfour one-hundredths feet (42.84’),
and a tangent distance of twenty-one
and forty-two one-hundredths feet
(21.42’) to the place of BEGINNING.
VESTED by Warranty Deed,
dated 10/4/04, given by Hornes­tein
Enterprises, Inc. to Phillip B. Jack-
No. 3
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-009740
ALL THAT CERTAIN messuage,
tenement, and lot or parcel of land
situate in the Township of Forks,
Northampton County, Pennsylvania,
designated as Lot No 289 on the Plan
of Penn’s Ridge, Phases 10 and 12,
as said Plan is recorded in the Re-
15
NORTHAMPTON COUNTY REPORTER
son and recorded 10/28/04 in Book
2004-1 Page 419001 Instrument
#2004066614.
Premises being: 2530 GILLIAN
LANE, EASTON, PA 18040-5820.
Tax Parcel No. K9-10-6-289.
THEREON BEING ERECTED a
two story townhouse w/attached twocar garage, brick and vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Phillip B. Jackson.
DANIEL G. SCHMIEG, ESQUIRE
No. 4
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-006191
All that certain property situated
in the TOWNSHIP OF MOORE, in the
County of NORTHAMPTON, and the
Commonwealth of PENNSYLVANIA,
being described as follows. PARCEL
G5-16-9 and being more fully described in a deed dated 08/20/1997,
and recorded 09/29/1997, among
the land recorded of the county and
state set forth above, in Deed Book
19971 Page 93482.
AND ALSO DESCRIBED AS:
TRACT NO. 1
ALL THAT CERTAIN tract, piece of
land, together with the improvements
thereon, situate in the Township of
Moore, County of Northampton and
State of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at an iron pin on the
line of lands of Miller, thence along
the eastern right-of-way of a township
road and through lands now or late
of Arthur S. Muffley and Alma Muffley, his wife, of which the herein described tract was formerly a part,
North 38 degrees 00 minutes East, a
distance of 200.00 feet to an iron pin;
thence still through lands of the said
Vol. 55 No. 18
16
5/1/2008
Arthur S. Muffley South 76 degrees
05 minutes East, a distance of 200.00
feet to an iron pin; thence by same
South 38 degrees 00 minutes West
for a distance of 200.00 fee to an iron
pin on the line of lands of Miller;
thence along said line North 76 degrees 05 minutes West, for a distance
of 200.00 feet to the place of BEGINNING.
CONTAINING 0.912 acres.
TRACT NO. 2
ALL THAT CERTAIN messuage,
tenement and tract or piece of land
situate in the Township of Moore,
Northampton County, Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pipe on the
eastern right-of-way line of Township
Road No. 588, said iron pipe being
the northwestern corner of a parcel
of land deeded to Joseph M. Moyer
and recorded in deed book volume
279 at page 279, thence along the
northern line of Joseph M. Moyer
South 76 degrees 05 minutes East,
for a distance of 200.00 feet to an iron
pin; thence by the same South 38
degrees West, for a distance of 200.00
feet to an iron pin in the line of lands
of Y.M.C.A. of Bethlehem, Pennsylvania; thence by the same along a treelined fence and remnants of a barbed
wire fence South 74 degrees 49 minutes East, for a distance of 362.16
feet to an iron pipe; thence by the
same South 87 degrees 46 minutes
East, for a distance of 121.50 feet to
an iron pipe set in above-mentioned
fence line; thence North 14 degrees
00 minutes 17 seconds East, a distance of 343.45 feet to an iron pipe;
thence North 76 degrees 05 minutes
West, for a distance of 596.00 feet to
an iron pipe set in the Eastern rightof-way line of Township Road No. 588;
thence along the Eastern right-of-way
line of Township Road No. 588, South
38 degrees West, for a distance of
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
218.00 feet to the place of BEGINNING.
Containing 5.09028 acres or
221,732886 square feet of land.
TAX PARCEL #: G5-18-9.
PROPERTY ADDRESS: 1014
NORTH OAKS ROAD, DANIELSVILLE, PA 18038.
THEREON BEING ERECTED a
ranch style dwelling with shingle
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Terry Lee Barlip and Gail Ann Seager.
MICHAEL T. McKEEVER, ESQUIRE
5/1/2008
Phase Three, North 81 degrees 11’ 20”
East 100.00 feet to a point; thence,
ALONG the Westerly right-of-way
line of Cobblestone Drive, South 08
degrees 48° 40” East 26.00 feet to the
Point of Beginning.
CONTAINING: 2,600 sq. ft. or
0.0597 acres.
TAX PARCEL #K9-1-1-50B.
Title to said premises is vested in
Patrick M. Mayer by deed from CMC
Development Corporation dated
4/8/2005 and recorded 4/13/2005
in Deed Book 2005-1, Page 132534.
TAX I.D. #: K9-1-1-50-B.
BEING KNOWN AS 22 COBBLESTONE DRIVE, EASTON, PA
18045.
THEREON BEING ERECTED a
two story townhouse w/attached onecar garage, stone and vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Patrick M. Mayer.
MARC S. WEISBERG, ESQUIRE
No. 5
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010264
ALL THAT CERTAIN parcel of land
known as Lot No. T3-50 located in
Palmer Township, Northampton
County, Commonwealth of Pennsylvania, as shown on a plan entitled
“The Villages At Mill Race Record Plan
Phase III” prepared by Harte Engineering, Inc., recorded September 17,
2004, in Northampton County Map
Book Volume 2004-5, pages 613, et
seq., bounded and described as follows:
BEGINNING at a point on the
Westerly right-of-way line of Cobblestone Drive, said point being in line
with the lands known as Lot T3-51 of
The Villages At Mill Race, Phase
Three; thence,
ALONG said Lot T3-51, South 81
degrees 11’ 20” West 100.00 feet to a
point; thence,
ALONG the lands known as Lot
3-21 of The Villages At Mill Race,
Phase Three, North 08 degrees 48’ 40”
West 26.00 feet to a point; thence,
ALONG the lands known as Lot
T3-49 of The Villages At Mill Race,
No. 6
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010459
Beginning at a stone in the middle
of a public road leading from Point
Phillips to Danielsville thence South
fifty-two degrees East six and eighttenths perches to a stone, thence
South twenty-three and one-half
degrees East fourteen and six-tenths
perches to a stone in the middle of
said public road, thence South
twenty-six and one-half degrees West
fourteen and seven-tenths perches to
a private lane, thence along lands of
William Green South eighty-eight and
one-half degrees West thirteen and
eight-tenths perches to a stone,
thence along land of Heber I. Schafer
North twelve and one-half degrees
17
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
East twenty-seven and eight-tenths
perches to a stone in the middle of
said public road, the place of Beginning.
Containing two acres and fifteen
perches, be the same more or less.
Situate in Moore Township.
Also known as Northampton
County Parcel Identifier Number
G5-13-8.
TITLE TO SAID PREMISES IS
VESTED IN Jeffrey W. Harrich, single,
by Deed from Robert Imbody, single,
dated 05/08/2007, recorded
05/16/2007, in Deed Book 2007-1,
page 181071.
Premises being: 2793 DELPS
ROAD, DANIELSVILLE, PA 18038.
Tax Parcel No. G5-13-8-0520.
THEREON BEING ERECTED a
two story single dwelling with vinyl
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Jeffrey W. Harrich.
DANIEL G. SCHMIEG, ESQUIRE
No. 8
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010741
PARCEL ID: L7-13-5.
PARCEL NO. 2
All that certain piece, parcel or
tract of land situate in the Township
of Bethlehem, County of Northampton, and Commonwealth of Pennsylvania, shown as Lot 1A of Cross
Winds I as recorded in Map Book 92,
page 229, in the Office of the Recorder of Deeds for Northampton
County of Easton, Pennsylvania, being further bounded and described
as follows to wit:
Beginning at a point on the northerly night-of-way line of Myriah Court
(50.00 feet wide) said point being on
line of lands now or formerly of Robert
18
5/1/2008
and Gail Kinitz; thence along said
northerly right-of-way line of Myriah
Court (50.00 feet wide) the following
four courses and distances:
1. Along the arc of a curve deflecting to the left having a radius of
175.00 feet and central angle of 24
degrees 16 minutes 05 seconds for
an arc length of 74.12 feet (Chord:
South 74 degrees 20 minutes 14
seconds West 73.57 feet) to a point;
thence
2. South 62 degrees 12 minutes
11 seconds West 125.28 feet to a
point; thence
3. Along the arc of a curve deflecting to the right having a radius of
125.00 feet and central angle 24 degrees 16 minutes 05 seconds for an
arc length of 52.95 feet (Chord: South;
74 degrees 20 minutes 14 seconds
West 52.55 feet) to a point; thence
4. South 86 degrees 17 seconds
West 82.67 feet to a point;
Thence along the arc of curve deflecting to the right having a radius
of 25.00 feet and central angle of 89
degrees 49 minutes 15 seconds for
an arc length of 39.19 feet (Chord:
North 48 degrees 37 minutes 04
seconds West 35.30 feet) to a point
on the proposed easterly right-of-way
line of Farmersville Road (T452)(30.00
feet from centerline); thence along
said proposed easterly right-of-way
line of Farmersville Road (T452);(30.00
feet from centerline) North 03 degrees
42 minutes 27 seconds West; 53.08
feet to a point on line of lands now or
formerly of Robert and Gail Kinitz
North 86 degrees 28 minutes 17
seconds East 345.34 feet to a point,
the place of beginning.
Containing 17,160 square feet of
0.39 acres.
Said lot being subject to any and
all drainage and utility easements as
shown on the final recorded plan.
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Said lot being subject to a sight
triangle as shown on final plan.
Said lot being known as the following Northampton County Uniform
Parcel Identifier Number: Map L7
Block 13 Lot 5.
Parcel ID: L7-13-5A.
All that certain piece, parcel or
tract of land situate in the Township
of Bethlehem, County of Northampton, and Commonwealth of Pennsylvania, shown as Lot 1 of Cross Winds
I as recorded in Map Book 92, page
229 in the Office of the Recorder of
Deeds for Northampton County as
East, Pennsylvania, being further
bounded and described as follows to
wit:
Beginning at a point on the proposed easterly right-of-way line of
Farmersville Road (T452) (30.00 feet
from centerline); said point being on
line of lands now or formerly of Moravian Academy; thence along said
proposed easterly right-of-way line of
Farmersville Road (T452) (30.00 feet
from centerline) North 03 degrees 42
minutes 27 seconds West 219.04 feet
to a point; thence along the arc of a
curve deflecting to the right having a
radius of 25 feet and central angle of
90 degrees 10 minutes 44 seconds
for an arc length of 39.35 feet (Chord:
North 41 degrees 22 minutes 55
seconds East 35.41 feet to a point on
the southerly right-of-way line of
Myriah Court (50.00 feet wide);
thence along said southerly right-ofway line of Myriah Court (50.00 feet
wide); the following four courses and
distances:
1. North 86 degrees 28 minutes
17 seconds East 82.36 feet to a point;
thence
2. Along the arc of a curve deflecting to the left having a radius of
175.00 feet and central angle of 24
5/1/2008
degrees 16 minutes 05 seconds for
an arc length 74.12 feet (Chord: North
74 degrees 20 minutes 14 seconds
East 73.57 feet) to a point; thence
3. North 62 degrees 12 minutes
11 seconds East 116.52 feet to a
point; thence
4. Along the arc of a curve deflecting to the right having a radius of
125.00 feet and central angle of 24
degrees 16 minutes 05 seconds for
an arc length of 52.95 feet (Chord:
North 74 degrees 20 minutes 14
seconds East 52.55 feet) to a point a
corner of Lot 2 of Cross Winds thence
along said lands of Lot 2 of Cross
Winds I South 04 degrees 24 minutes
58 seconds 316.76 feet to a point on
line of lands now or formerly of Moravian Academy; thence along said
lands now or formerly of Moravian
Academy South 86 degrees 10 minutes 11 seconds West 341.11 feet to
a point, the place of beginning.
Containing 90.694 square feet or
2.08 acres.
Said lot being subject to any and
all drainage and utility easements as
shown on the final recorded plan.
Said lot being subject to a sight
triangle as shown on the final recorded plan.
Said lot being known as the following Northampton County Uniform
Parcel Identifier Number: Map L7,
Block 13, Lot 5A.
Under and Subject to covenants
and conditions set forth on a certain
Declaration of Restrictive Covenants,
dated September 23, 1992 and recorded in the office of the recording
of deeds Northampton County, in
Misc. Vol. 455, page 478.
Being Known as 4200 Myriah
Court Bethlehem, PA 18020.
THEREON BEING ERECTED a
two story single dwelling with brick
19
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
and vinyl siding exterior and shingle
roof; attached two-car garage with
apartment; in-ground pool.
SEIZED AND TAKEN into execution of the writ as the property of
James E. Bourdeau and Carmen I.
Bourdeau.
MICHAEL T. McKEEVER, ESQUIRE
5/1/2008
SEIZED AND TAKEN into execution of the writ as the property of
Marilou Medellin-Vogt.
DANIEL J. MANCINI, ESQUIRE
No. 10
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-006652
All that certain tract or parcel of
land situate in the City of Bethlehem,
County of Northampton, and Commonwealth of Pennsylvania, known
as 630 Broadway, bounded and described as follows:
Beginning at a point in the eastern
line of Broadway, said point being one
hundred fifty-two (152) feet north of
the northeast corner of Alaska Street
and Broadway; thence by line passing
through the middle of the partition
wall of dwellings No. 630 and No. 632
Broadway south thirty-five degrees
fifteen minutes east (S 35° 15’ E) a
distance of one hundred twenty (120)
feet to a point in the western line of
Canning Street; thence along the
same north fifty-four degrees fortyfive minutes east (N 54° 45’ E) a distance of fourteen and twenty-one
one-hundredths (14.21) feet to a
point; thence by a line along property
known as No. 628 Broadway north
thirty-five degrees fifteen minutes
west (N 35° 15’ W) one hundred
twenty (120) feet to a point in the
eastern line of Broadway, said last
mentioned line passing through the
middle of the partition wall of dwellings known as No. 628 and No. 630
Broadway; thence along the eastern
line of Broadway south fifty four degrees forty five minutes west (S 54°
45’ W) a distance of fourteen and
twenty-one one-hundredths (14.21)
feet to the place of beginning.
Northampton County Tax Parcel
number: P6SW2C-17-9.
No. 9
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010679
ALL THAT CERTAIN tract of land
in Section No. 1 Old Forge Estates,
Borough of Bath, Northampton
County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the
westerly property line of Old Forge
Drive (45.00 feet wide) said point also
marks the northeast corner of Lot No.
14: THENCE (1) along Lot No. 14,
west 152.40 feet to a point; THENCE
(3) along Lot No. 16, East 152.50 feet
to a point; THENCE (4) along the said
westerly property line of Old Forge
Estates, as shown on final plan of
Section No. 1 Old Forge Estates.
BEING THE SAME PREMISES
that Kenneth A. Lindeman & Mary L.
Lindeman, husbank and wife, by
Deed dated 8/12/1992 and recorded
8/20/1992 in Northampton County
in Deed Book 872 on Page 720
granted and conveyed unto Marilou
Medellin.
DWELLING KNOWN AS 124 OLD
FORGE DRIVE, BATH, PA 18014.
IDENTIFIED as TAX/PARCEL
ID#: K6NW4B-29 in the Deed Registry Office of Northampton County,
Pennsylvania.
THEREON BEING ERECTED a
two story row dwelling w/attached
one-car garage, brick and shingle
siding exterior and shingle roof.
20
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
THEREON BEING ERECTED a
three story brick row dwelling with
shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of Mark
A. Chiles.
LAURENCE R. CHASHIN, ESQUIRE
5/1/2008
being also the northwest corner of
Tract No. 1 above described; thence
along the western boundary of said
Tract No. 1 South no degrees thirty
minutes West, two hundred eightytwo and ninety-eight one hundredths
feet (S. 0° 30’ W. 282.98’) more or less
to a point; thence North eighty-nine
degrees thirty minutes West, one
hundred fifty-seven and fifty-five one
hundredths feet (N. 89° 30’ W.
157.55’) to a corner; thence North no
degrees thirty minutes East, two
hundred forty-one and five tenths feet
(N. 0° 30’ E. 241.5’) to a point on said
south building line of Wolf Street;
thence along said south building line
of Wolf Street North seventy-five degrees forty-five minutes East, one
hundred sixty-two and ninety-three
one hundredths feet (N. 75° 45’ E.
162.93’) more or less to the point and
place of beginning.
BOUNDED on the east by Tract
No. 1 above described, on the south
and west by land now or late of John
Brown, and on the north by Wolf
Street.
Northampton County Tax Parcel
number: L9SE1C-26-10-0310.
BEING KNOWN AS 734 Wolf Avenue, Easton, Pennsylvania.
THEREON BEING ERECTED a
one story brick commercial structure
with shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Gurshinder Matharu and Harcharan
Matharu.
LAURENCE R. CHASHIN,
ESQUIRE.
No. 11
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-007586
ALL THOSE CERTAIN lots or
pieces of land with the buildings and
improvements thereon erected, and
situate on the south side of Wolf
Street in the City of Easton, County
of Northampton and State of Pennsylvania, more particularly bounded
and described as follows, to wit:
TRACT NO. 1:
ALL THAT CERTAIN lot or piece of
ground situate on the south side of
said Wolf Street containing in front
on said Wolf Street in the City of
Easton containing in front on said
Wolf Street 120 feet, more or less, and
extending of that same width southwardly 313 feet, more or less, to lands
of the central Railroad of New Jersey,
bounded on the north by said Wolf
Street, on the east by lands now or
late of Charles Kolb, on the south by
the land of the Central Railroad of
New Jersey, and on the west by land
of the City of Easton, being Tract No.
2 hereinafter described.
TRACT NO. 2:
ALL THAT CERTAIN lot or piece of
ground situate on the south side of
said Wolf Street containing in front
on said Wolf Street containing in front
on said Wolf Street one hundred
sixty-two and ninety-three (162.93’)
feet situate immediately to the west
of Tract No. 1, above described, and
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the
south building line of said Wolf Street,
No. 12
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-004350
ALL THAT CERTAIN house and lot
of land situate on the South side of
Jackson Street in the City of Easton,
County of Northampton and State of
21
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the
South side of Jackson Street, fortytwo and one-half feet (42 1/2’) East
from the Southeast corner of Eighth
and Jackson Streets; thence extending Eastwardly along the South side
of said Jackson Street, twenty-two
and one-half feet (22 1/2’) to a point;
thence extending South of that width
ninety-two feet (92’) in depth to an
eight feet (8’) wide private alley.
BOUNDED on the North by said
Jackson Street, on the East by R.
Dewitt Hawk, on the South by said
alley and on the West by land of Edward Y. Fairer.
Northampton County Tax parcel
number: L9NE4C-5-03.
BEING KNOWN AS 726 Jackson
Street, Easton, Pennsylvania.
THEREON BEING ERECTED a
two and one-half story one-half of a
double dwelling with aluminum siding exterior.
SEIZED AND TAKEN into execution of the writ as the property of John
J. Lilly.
LAURENCE R. CHASHIN, ESQUIRE
5/1/2008
BEGINNING at a point, the southwest corner of Oak and Sassafras
Streets; thence along the west side of
Oak Street South 4° - 30’ East 51.60
feet to a point, thence through land
now or late of James P. McNamee and
Dorothy J. McNamee of which this
was a part and along a concrete wall
South 85° - 30’ West 11.00 feet to a
point; thence along the line between
724 & 726 Sassafras Street North
4° - 30’ West 26.50 feet of which the
northerly 8.25 feet is in the center
partition wall of a double dwelling;
thence in the center partition wall of
the said double dwelling the following
two (2) courses and distances (1)
North 35° - 27’ - 49” West 2.91 feet to
a point; (2) North 4° - 30’ West 22.60
feet to a point on the south side of
Sassafras Street; thence along the
south side of Sassafras Street North
85° - 30’ East 12.50 feet to the place
of Beginning. CONTAINING 603
square feet of land.
Northampton County Tax Parcel
number: L9NE4C-22-1B 0310.
THEREON BEING ERECTED a
two and one-half story one-half of a
double brick dwelling with slate
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Glenn D. Springfield.
LAURENCE R. CHASHIN, ESQUIRE
No. 16
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-007582
ALL THAT CERTAIN lot or piece of
land together with the improvements
thereon erected, known and numbered as 724 Sassafras Street, situate
in the City of Easton, Northampton
County, Pennsylvania, as shown on
the subdivision plan of James P.
McNamee and Dorothy J. McNamee,
his wife, prepared by T & T Associates,
Civil Engineers, dated January 5,
1977, as recorded in Map Book 42,
Page 16, bounded and described as
follows, to wit:
No. 17
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010971
All THAT CERTAIN tract or parcel
of land situate along the southerly
side of East Main Street in the Borough of Bath, County of Northampton, and Commonwealth of Pennsylvania, being Lot #2 as shown on the
Final Plan of Subdivision for Lorin A.
Arthofer as recorded in Map Book 60,
22
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
page 16, in the Northampton County
Recorder of Deeds Office, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the centerline of East Main Street, LR-48063,
said point being the northeasterly
property corner of the herein described tract; thence in and through
lands now or late of Lorin A. Arthofer,
the herein named grantor, and passing through a reference point at 25
feet, South 25 degrees 09 minutes
West, 193.08 feet to a point; thence
continuing in and through lands of
said grantor, South 44 degrees 00
minutes West 100.00 feet to a point;
thence along the easterly property line
of lands now or late of Northampton
School District, North 5 degrees 49
minutes East, (erroneously stated in
prior Deed as North 5 degrees 49
minutes West), 53.45 feet to a point;
thence along land of the grantor,
about to be conveyed to Dianne A.
Smith, as described in Parcel No. 2
(Lot #3) and passing through a reference point at 212.28 feet, North 25
degrees 09 minutes East, 237.28 feet
to a point; thence along the centerline
of East Main Street, LR-48063, South
64 degrees 51 minutes East, 50.00
feet to the point or place of BEGINNING.
CONTAINING in area 12,412.17
square fee.
ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL
IDENTIFIER: MAP K6SW2B BLOCK
2 LOT 5A-1.
BEING KNOWN AS 534 East Main
Street, Bath, Pennsylvania.
THEREON BEING ERECTED a
two story one-half of a double dwelling
w/attached garage, vinyl siding exterior and shingle roof.
5/1/2008
SEIZED AND TAKEN into execution of the writ as the property of Lee
Stein and Wendy Stein,
MICHAEL McKEEVER, ESQUIRE
No. 20
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010175
ALL THAT CERTAIN messuage or
tenement and three (3) contiguous
lots or pieces of land situate in the
Borough of Nazareth, formerly the
Township of Upper Nazareth, County
of Northampton and State of Pennsylvania, designated and numbered
on plan or draft of Bissell’s West End
Building Lots, entered of record at
Easton, Pennsylvania, as Lots Nos.
149, 150 and 151, said lots being
each twenty-five (25) feet in front on
the South side of Heckman Avenue,
or an aggregate of seventy-five (75)
feet, and of that width extending
throughout Southwardly one hundred twenty (120) feet in depth to
Locker Street; bounded on the North
by Heckman Avenue, on the South
by Locker Street, on the East by Lot
No. 148 and on the West by Lot No.
152 and lands of Gracedale.
TITLE TO SAID PREMISES IS
VESTED IN David T. Gosnell, unmarried, by Deed from Hilda Deutsch,
widow, dated 04/19/2002, recorded
04/26/2002, in Deed Book 2002-1,
page 108655.
Premises being: 711 HECKMAN
AVENUE, NAZARETH, PA 18064.
Tax Parcel No. J7SE4-3-1.
THEREON BEING ERECTED a
two story single dwelling with asbestos shingle siding and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
David Gosnell.
DANIEL G. SCHMIEG, ESQUIRE
23
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
No. 21
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-009309
ALL THAT CERTAIN messuage,
tenement and lot or piece of land, with
improvements thereon erected, situate in the City of Bethlehem, County
of Northampton and Commonwealth
of Pennsylvania, commonly known
and designated as No. 642 Broadway,
bounded and described as follows to
wit;
BEGINNING at a point in the
Eastern line of Broadway, said point
being sixty (60 feet).feet North of the
Northeastern Intersection of Broadway and Alaska Street; thence by a
line at right angles to Broadway, passing through a partition of a twin brick
dwelling, known as Nos. 640 and 642
Broadway, a distance of one hundred
twenty (120 feet) feet to a point in the
Western line of Canning Street (a
twenty [20 feet] feet wide street);
thence Southwardly along the same
a distance of twenty (20 feet) feet to a
point thence Westwardly by a line at
right angles to Broadway, a distance
of one hundred twenty (120 feet) feet
to a point in the Eastern line of Broadway, thence Northwardly along the
same a distance of twenty (20 feet)
feet to the point, the place of Beginning.
KNOWN AS Northampton County
Uniform Parcel Identifier; MAP,
P6SW2C BLOCK:17 LOT: 3.
THEREON BEING ERECTED a
two and one-half story one-half of a
double brick dwelling with shingle
roof; detached two-car garage.
SEIZED AND TAKEN into execution of the writ as the property of
Sandra Sudziarski.
MICHAEL T. McKEEVER, ESQUIRE
5/1/2008
No. 23
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-008203
ALL THAT CERTAIN messuage,
tenement, tract or piece of land situate in the Township of Plainfield,
County of Northampton and Commonwealth of Pennsylvania, bounded
and described as follows, to-wit:
BEGINNING at an iron pin the
northern line of land of the Lehigh
Navigation and Electric Company and
20 feet West, at a right angle from the
center line of State Highway Route
No. 115; thence along said land of the
Lehigh Navigation and Electric Company South eighty four (84) degrees,
eleven (11) minutes and thirty (30)
seconds West 205.54 feet to an iron
pin; thence along land now or late of
Madison Walter Owen, and Ruth
Elaine Owen, his wife, of which this
was a part, North nineteen (19) degrees, eight (8) minutes and thirty (30)
seconds West 54.2 feet to an iron pin,
thence along land of the same, North
seventy (70) degrees fifty-one (51)
minutes and thirty (30) seconds East
200 feet to an iron pin 20 feet West
at a right angle from the center line
of the aforesaid State Highway;
thence parallel with and 20 feet from
said center line, South nineteen (19)
degrees, eight (8) minutes and thirty
(30) seconds East 102.6 feet to the
place of beginning.
HAVING erected thereon a dwelling house known as 5721 Sullivan
Trail, Nazareth, Pennsylvania
18064.
BEING the same property which
Clayton C. Biechy, Jr., by Deed dated
October 15, 1984 and recorded October 17, 1984 in the Recorder’s Office of Northampton County, Pennsylvania, in Deed Book Volume 672,
24
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
page 178, granted and conveyed unto
James V. Pacovich and Carol L. Pacovich, his wife.
PARCEL NUMBER: H8SE1 1 4
0626.
THEREON BEING ERECTED a
cape style dwelling with aluminum
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
James V. Pacovich and Carol L. Pacovich.
BRETT A. SOLOMON, ESQUIRE
5/1/2008
Northampton County Tax Parcel
#J4SW1-2-3.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Steven Gallagher, by
Deed from Equitis Group, L.P., dated
05/05/2006, recorded 05/23/2006,
in Deed Book 2006-1, page 204531.
Premises being: 3741 TEAK
DRIVE, NORTHAMPTON, PA18067.
Tax Parcel No. J4SW1-2-3.
THEREON BEING ERECTED a
two story single dwelling with attached one-car garage, vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Steven Gallagher.
DANIEL G. SCHMIEG, ESQUIRE
No. 24
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010461
All that certain messuage or tenement and parcel or piece of land situate in Indian Trail Heights, Lehigh
Township, County of Northampton,
Commonwealth of Pennsylvania,
bounded and described as follows, to
wit:
BEGINNING at an iron pin at the
intersection of East Avenue and Avenue A; thence along Avenue A South
87 degrees West for a distance of
eighty (80.00) feet to an iron pin;
thence along lands now or late of
Russell E. Reinhard and Emma D.
Reinhard, his wife, South 03 degrees
East for a distance of eighty (80.00)
feet to an iron pin on the North side
of Avenue B; thence along Avenue B
North 87 degrees East for a distance
of eighty-eight (88.00) feet to an iron
pin on the East side of East Avenue;
thence along East Avenue North 08
degrees 42 minutes West for a distance of eighty (80.00) feet four and
three-fourths (4.75) inches to the
place of beginning.
Being known and numbered as
3741 Teak Dr., Northampton, PA
18067.
No. 25
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010436
ALL THAT CERTAIN parcel of land
situate in Forks Township, Northampton County, Pennsylvania, and being
more particularly bounded and described as follows, to wit:
BEGINNING at a point in the
northerly right of way line of Paxinosa
Road East and being a corner of lands
now or formerly of Patricia Simonetta;
thence 1) northerly along lands now
or formerly of Patricia Simonetta,
North 25 degrees 43 minutes 21
seconds West 180.00 feet to a point
in line of lands now or formerly of
Wayne Paff; thence 2) easterly along
lands now or formerly of Wayne Paff,
North 64 degrees 16 minutes 39
seconds East 164.23 feet to a point
in line of lands now or formerly of
Thomas Fagan; thence 3) southerly
along land now or formerly of Thomas Fagan, South 25 degrees 43 minutes 21 seconds East 180.00 feet to
a point in the northerly right of way
25
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
line of Paxinosa Road East; thence 4)
westerly along the northerly right of
way line of Paxinosa Road East, South
64 degrees 16 minutes 39 seconds
West 164.23 feet to a point, the place
of beginning.
BEING KNOWN AS NORTHAMPTON COUNTY TAX PARCEL IDENTIFIER NO. K9SE3-10-6.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Merielen Mollo, by Deed
from John A. Hawk, Jr., dated
02/01/2005, recorded 02/03/2005,
in Deed Book 2005-1, page 44235.
Premises being: 200 EAST PAXINOSA ROAD, FORKS TOWNSHIP,
PA 18040-1335.
Tax Parcel No. K9SE3-10-6.
THEREON BEING ERECTED a
two story single stucco dwelling with
shingle roof; in-ground pool.
SEIZED AND TAKEN into execution of the writ as the property of
Merielen Mollo.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
53 minutes East a distance of 70 feet
from a concrete monument located
at the Northwest corner of Southwood
and Baldwin Drives; thence between
Lot No. 610 and Lot No. 611 North 65
degrees 53 minutes East, a distance
of 150 feet to a point in the boundary
line between Lot No. 610 and unnumbered lands to the East thereof;
thence by the said line North 24 degrees 07 minutes West a distance of
78.70 feet to a point in the boundary
line between Lot No. 610 and Lot No.
609; thence by the said line South 60
degrees 15 minutes West a distance
of 151.74 feet to a point on the East
side of Southwood Drive; thence along
Southwood Drive around a curve to
the left with a radius of 115 feet, a
distance of 35.93 feet along the arc to
a point; thence still along Southwood
Drive South 24 degrees 07 minutes
East a distance of 90 feet to the place
of beginning.
Parcel No. M8SE3-23-2.
BEING THE SAME PREMISES
which Jonathan Honsel, by Deed
dated November 21, 2006 and recorded in the Office of the Recorder
of Deeds of Northampton County on
December 18, 2006 in Deed Book
Volume 2006-1, Page 518336, granted and conveyed unto Petra Termini.
THEREON BEING ERECTED a
two story single wood dwelling w/
attached two-car garage and shingle
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Petra Termini.
KRISTINE M. ANTHOU, ESQUIRE
No. 28
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-008868
ALL THAT CERTAIN lot or piece of
ground situate on the East side of
Southwood Drive, known as No. 3534
Southwood Drive, Palmer Township,
Northampton County, Pennsylvania,
being all of Lot No. 610 as shown on
Plan of Old Orchard, Section “F”
dated 8/1964, prepared by E.T.
Sales, Inc., Registered Professional
Engineers and entered of record in
the Northampton County Recorder’s
Office in Plan Book 19, Page 45,
bounded and described as follows:
BEGINNING at a point on the East
side of Southwood Drive, said point
being South 24 degrees 07 minutes
East a distance of 90 feet from a point,
which said point is North 65 degrees
No. 29
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
C-48-CV-2007-10060
ALL THAT CERTAIN tract, piece
or parcel of land, with the messuage
26
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
or tenement thereon erected formerly
known as No. 26 Clearfield Street,
now 127 Clearfield Street, situate,
lying and being in the Borough of
Freemansburg, Northampton County, Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point in the eastern line of Clearfield Street, said point
being two hundred eleven and eighty
hundredths feet south of the southeast corner of Lincoln Avenue and
Clearfield Street, thence extending
along the east side of said Clearfield
Street southwardly twenty-nine and
ninety-five hundredths (29.95) feet
and of that same width between parallel lines extending eastwardly one
hundred twenty (120) feet to a fifteen
foot wide alley; being Lot No. 1034
and parts of Lots 1033 and 1035;
BOUNDED on the north by the
remaining part of Lot No. 1033, on
the south by the remaining part of Lot
1035, on the west by Clearfield Street,
and on the east by a fifteen foot wide
alley.
ASSESSMENT MAP, BLOCK AND
LOT NUMBER: P7NW2A-6-17.
THEREON BEING ERECTED a
two story single dwelling with siding
exterior.
SEIZED AND TAKEN into execution of the writ as the property of
Vincent Bowen, Sr. a/k/a Vincent R.
Bowen, Sr.
HEIDI R. SPIVAK, ESQUIRE
5/1/2008
certain subdivision map, plat or plan
entitled “Plan of Briarwood”, which
Plan was recorded on June 9, 2003,
in the Office of the Recorder of Deeds
in and for Northampton County,
Pennsylvania, in Plan Book Volume
2003-5, Pages 172 & 173.
ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL
IDENTIFIER NO.: Map J9, Block 6,
Lot 5C-20.
BEING PART OF THE SAME
PREMISES which Nic Zawarski and
Sons Developers, Inc., a Pennsylvania
Corporation, by Deed dated June 18,
2004 and recorded in the Office of the
Recorder of Deeds in and for
Northampton County, on June 25,
2004, in Record Book Volume 2004-1,
Page 246407, did grant and convey
unto Nic Zawarski and Sons Builders,
Inc., a Pennsylvania Corporation,
Grantor herein.
UNDER AND SUBJECT to the
Declaration of Protective Covenants
as recorded on November 20, 2003
in Record Book Volume 2003-1, Page
486517, and the Declaration of Briarwood, a Planned Community, as
recorded on December 9, 2003 in
Record Book Volume 2003-1, Page
507751, by Nic Zawarski and Sons
Developers, Inc., predecessor in title
to Nic Zawarski and Sons Builders,
Inc., Grantor herein.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN the Estate of Larisa Iskandarian, Deceased by reason of the
following:
BEING THE SAME premises
which Larisa Iskandarian, unmarried, by Deed from Nic Zawarski and
Sons Builders, Inc., dated
10/07/2005, recorded 10/11/2005,
in Deed Book 2005-1, page 397926.
No. 31
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-001691
ALL THAT CERTAIN lot or tract or
parcel of ground situated in the Township of Forks, County of Northampton
and Commonwealth of Pennsylvania,
being known and referred to as Lot
20, as shown and identified on a
27
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
AND THE SAID Larisa Iskandarian being so seized thereof, departed
this life on 7/20/06, having first
made her Last Will and Testament in
writing bearing the date of 8/24/06,
duly proven and registered at
Northampton County, Pennsylvania,
being Estate Number #2006-0978,
wherein and whereby the said Testator/Testatrix did provide give, devise
and bequeath unto the following:
Marvin Turetsky—200 Madison
Avenue, Suite 2210, New York, NY
10016.
AND THE SAID Testator/Testatrix
did nominate, constitute and appoint
Marvin Turestsky Executor/Executrix of her/his Estate to whom Letters
of Testamentary were duly granted
by the Register of Wills Northampton
County, Pennsylvania on 8/24/06.
Premises being: 1253 BRIARWOOD LANE, EASTON, PA 18040.
Tax Parcel No. J9-6-5C-20.
THEREON BEING ERECTED a
two story one-half of a double dwelling
w/attached garage, vinyl siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of the
Estate of Larisa Iskandarian, Marvin
Turetsky, Executor, and Trustee of
Larisa Iskandarian Artem Skripkin,
Devisee and Trust Beneficiary of the
Estate of Larisa Iskandarian.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
Office of the Recorder of Deeds for
Northampton County at Easton,
Pennsylvania and being further
bounded and described as follows, to
wit:
BEGINNING at a point at the
southwest corner of Lot 2 of Crossing
Court on a line of lands now or late
of Henry G. and Catherine Fluck:
thence along said lands now or
late of Henry G. and Catherine Fluck
and also along lands now or late of
Debora Ann Neeld, North 88 degrees
59 minutes 00 seconds West 127.47
feet to a point on the easterly right-ofway line of Stones Crossing;
thence along said easterly right-of
way line of Stones Crossing North 01
degree 01 minute 00 seconds East
164.75 feet to a point on a line of lands
now or late of Clinton and Margaret
Schaeffer;
thence along said lands now or
late of Clinton and Margaret Schaeffer
South 88 degrees 59 minutes 00
seconds East 127.47 feet to a point
at a corner of Lot 2 Crossing Court;
thence along said lands of Lot 2 of
Crossing Court South 01 degree 01
minute 00 seconds West 164.75 feet
to a point, the place of BEGINNING.
CONTAINING 21,000.68 square
foot or 0.4821 acre.
PARCEL NUMBER: M8SE222-12.
Said lot being subject to any and
all drainage and utility easements as
shown and noted on the final recorded plan.
Said lot being subject to a detention pond easement area as shown
and noted on the final recorded
plan.
TITLE TO SAID PREMISES IS
VESTED IN Beverly Holmes by deed
dated 5/24/2008 and recorded
7/13/2005 in Book 2005-1 Page
No. 32
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-009880
ALL THAT CERTAIN piece, parcel
or tract of land situate in the Township of Palmer, County of Northampton and Commonwealth of Pennsylvania shown as Lot 1 on the Final
Plan of Crossing Court as recorded in
Map Book 2003-5 Page 469, in the
28
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
259536, conveyed by N. Pugliese,
Inc., a Pennsylvania Corporation.
Premises being: 1227 STONES
CROSSING ROAD, EASTON, PA
18045.
Tax Parcel No. M8SE2-22-12.
THEREON BEING ERECTED a
ranch style dwelling with vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of the
Estate of Beverly A. Holmes, Marlyn
A. Johnson, Administratrix CTA and
Devisee of the Estate of Beverly A.
Holmes.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
2) Coincident with said westerly
right-of-way line of Brinker Lane (50
feet right-of-way) and along a curve
to the right having a radius of 25.00
feet, an arc length of 39.27 feet, a
central angle of 90 degrees 00 minutes 00 seconds, a chord bearing and
distance of South 24 degrees 07 minutes 54 seconds West 35.36 feet to a
point; thence with reference to North
American Datum 1983 (Pennsylvania
North) (NAD83)
3) South 69 degrees 07 minutes
54 seconds West 101.34 feet coincident with the division line between
Lot 49 and the northerly right-of-way
line of Lenape Way (50 feet right-ofway ) to a point; thence with reference
to North American Datum 1983
(Pennsylvania North) (NAD83)
4) North 25 degrees 53 minutes
19 seconds West 100.39 feet coincident with the division line between
Lot 49 and Lot 48 to a point; thence
with reference to North American
Datum 1983 (Pennsylvania North)
(NAD83)
5) North 69 degrees 07 minutes
54 seconds East 135.12 feet coincident with the division line between
Lot 49 and Lot 50 to a point on the
westerly right-of-way line of Brinker
Lane (50 feet right-of-way) to the point
and place of Beginning.
SAID property subject to a 75 feet
clear site triangle bounded by the arc
and the chord of the seconds (2nd)
course of the foregoing description
and any easements, restrictions and
covenants of record as contained
within the chain of title of said deed
of record.
TAX PARCEL NO: K9-32A-2-490311.
BEING KNOWN AS 2784 Brinker
Lane, Easton, Pennsylvania.
No. 33
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011074
ALL THAT CERTAIN tract of land
with the improvements thereon
erected, situate in the Township of
Forks, County of Northampton and
Commonwealth of Pennsylvania,
known as Lot 49 of Riverview Estate
West, Phase I, as recorded in the Office of the Recorder of Deeds in Record
Book 2005-5 page 194, bounded and
described as follows, to wit:
BEGINNING at a point formed by
the intersection of the division line
between Lot 49 and Lot 50 on the
westerly right-of-way line of Brinker
Lane (50 feet right-of-way) (North
216,298.01, East 2,673,418.12);
thence with reference to North American Datum 1983 (Pennsylvania
North) (NAD83)
1) South 20 degrees 52 minutes
06 seconds East 75.00 feet coincident
with the division line between Lot 49
and the westerly right-of-way line of
Brinker Lane (50 feet right-of-way) to
a point of curvature; thence with
reference in North America Datum
1983 (Pennsylvania North) (NAD83)
29
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
THEREON BEING ERECTED a
two story single dwelling w/attached
garages, vinyl siding exterior and
shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Linda Laing.
MICHAEL T. McKEEVER, ESQUIRE
5/1/2008
tion being thereunto had, more fully
and at large appears.
Being known as 1400 Stafford
Drive, Easton, PA 18040.
ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL
IDENTIFIER: MAP: J9, BLOCK: 1,
LOT: 6-47.
THEREON BEING ERECTED a
two story single dwelling with stone
and vinyl siding exterior and shingle
roof; one-car garage.
SEIZED AND TAKEN into execution of the writ as the property of
Schcoshia Jones.
ALFRED S. PIERCE, ESQUIRE
No. 34
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010663
ALL THAT CERTAIN lot, parcel or
piece of land situate in the Township
of Forks, County of Northampton and
State of Pennsylvania, known as Lot
Not 47 of the Estates at Steeplechase
North Subdivision as shown on a
certain subdivision map or plan entitled “Estates at Steeplechase North.
Subdivision” dated August 8, 2002,
last revised July 14, 2003, prepared
by Environmental Design & Engineering filed in the office of the Recorder of Deeds in and for Northampton County in Plan Book Volume
2003-5, Pages 363 to 367, as amended by the Amendment to Recorded
Plan filed in the office of the Recorder
of Deeds in and for Northampton
County in Record Book Volume
2004-1, Page 422537.
IT BEING THE SAME PREMISES
which Nic Zawarski and Sons Developers, Inc., by its Indenture bearing
date the thirtieth day of March, A.D.
2005, for the consideration therein
mentioned, granted and conveyed
unto the said Schcoshia Jones, and
to her heirs and assigns, forever; as
in and by the said in part recited Indenture recorded in the Office for the
Recording of Deeds in and for
Northampton County, at Easton,
Pennsylvania, in Record Book Volume 2005-1, Page 167366, etc., rela-
No. 35
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011073
ALL THAT CERTAIN western onehalf of a double brick two and one-half
story dwelling, said western one-half
being #2256 Freemansburg Avenue,
in the Borough of Wilson, more particularly bounded and described as
follows:
BEGINNING at a cross-cut in the
southerly property line of Freemansburg Avenue and in line of Lot #2256
Freemansburg Avenue, said point
being distant 119 feet westerly form
the intersection of the southerly property line of Freemansburg Avenue
with the westerly property line of a
20.00 foot wide alley; thence along Lot
#2254 Freemansburg Avenue and
passing thru the middle of a party
wall, South 51 degrees East 125.00
feet to a stake in the northerly property line of a 15.00 feet wide alley;
thence along the northerly property
line of the said 15.00 foot wide alley,
South 39 degrees West 24.50 feet to
an iron pipe in line of Lot #2260 Freemansburg Avenue; thence along Lot
#2260 Freemansburg Avenue, North
30
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
51 degrees West 125.00 feet to a stake
in the southerly property line of Freemansburg Avenue; thence along the
southerly property line of Freemansburg Avenue, North 39 degrees East
24350 feet to the point or place of
beginning.
PARCEL L9SW4C-20-7.
SEIZED AND TAKEN into execution of the writ as the property of
Robert Leidy.
MICHAEL T. McKEEVER, ESQUIRE
5/1/2008
BEGINNING at a point on the west
side of Chestnut Street forty (40) feet
north of the northwest corner of
Peach Alley and Chestnut Street;
thence along Chestnut Street northwardly forty (40) feet to a point in line
of land late of Andrew C. King; thence
Westwardly along said land late of
Andrew C. King one hundred twenty
(120) feet to Rip-Rap Alley; thence
southwardly along said Rip-Rap Alley
forty (40) feet to a point in line of land
now or late of Lulu I. King; thence
eastwardly along land now or late of
Lulu I. King one hundred twenty (120)
feet to the place of beginning.
BOUNDED on the East by Chestnut Street; on the North by land late
of Andrew C. King; on the West by
Rip-Rap Alley; and on the South by
land now or late of Lulu I. King.
PARCEL IDENTIFICATION NO.:
N7SW3D-6-1.
TITLE TO SAID PREMISES IS
VESTED IN Brian M. Kovacs, married
and Rhonda M. Kovacs, his wife, by
Deed from Charles Schleppy, married
and Virginia Schleppy, his wife, dated
12/06/2002, recorded 12/12/2002,
in Deed Book 2002-1, page 351090.
Premises being: 308 CHESTNUT
STREET, BETHLEHEM, PA 18017.
Tax Parcel No. N7SW3D-6-1.
THEREON BEING ERECTED a
ranch style brick dwelling w/attached
two-car garage and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Brian M. Kovacs and Rhonda M.
Kovacs.
DANIEL G. SCHMIEG, ESQUIRE
No. 36
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-008463
TRACT NO. 1
ALL THAT CERTAIN lot or piece of
ground situate in the Borough of
Freemansburg (formerly Township of
Bethlehem), County of Northampton
and Commonwealth of Pennsylvania,
bounded and described as follows, to
wit:
BEGINNING at the Southwest
corner of Washington and Chestnut
Streets, thence along the South side
of said Washington Street, Westwardly one hundred twenty (120) feet
to Rip-Rap Alley; thence along the
east side of said Rip-Rap Alley southwardly forty (40) feet to lands now or
late of Andrew C. King; thence along
the north side of said lands now or
late of Andrew C. King one hundred
twenty (120) feet eastwardly to Chestnut Street; thence along the west side
of said Chestnut Street northwardly
forty (40) feet to the place of beginning.
TRACT NO. 2
ALL THAT CERTAIN lot or piece of
ground situate in the Borough of
Freemansburg, County of Northampton and Commonwealth of Pennsylvania, bounded and described as
follows, to wit:
No. 37
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2004-000166
ALL THAT CERTAIN messuage or
tenement and lot or piece of ground
31
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
situate in the Borough of Nazareth,
County of Northampton and State of
Pennsylvania, being known as 116 S.
Elm Street, bounded and described
as follows, to wit:
BEGINNING at a point an iron pin
set in line of land nor or late of Werner,
said pin being the following two
courses and distances from the
southeast corner of New and Belvidere Streets: (1) South 5 degrees no
minutes West one hundred fifty
(150.00) feet and (2) South 85 degrees
no minutes East one hundred thirtyfour (134.00) feet; thence from the
said iron pin along line of land now
or late of Werner South 85° degrees
no minutes East seventy-six (76) feet
to an iron pin set; thence along the
west side of Elm Street (20’ wide)
South 5 degrees no minutes West
twenty-four and forty-five one hundredths (24.45) feet to an iron pin set;
thence through the center partition
wall of a double frame house North
85 degrees 18 minutes 30 seconds
West seventy-six (76.00) feet to an
iron pin set; thence along line of land
recently conveyed to Terry Hunt and
also along line of land recently conveyed to Joseph Beck, North 5 degrees no minutes East twenty-four
and eighty-five one-hundredths
(24.85) feet to an iron pin set, the
place of beginning. CONTAINING
1873 square feet of land.
TITLE TO SAID PREMISES IS
VESTED IN Scott E. Werkheiser and
Sharon M. Werkheiser, his wife by
Deed from Craig A. Huth and Donna
K. Huth, his wife dated 07/09/1993
and recorded 07/13/1993 in Deed
Book 902 Page 381.
Premises being: 116 SOUTH ELM
STREET, NAZARETH, PA 18064.
Tax Parcel No. J7SE3B-8-13.
5/1/2008
THEREON BEING ERECTED a
two story one-half of a double dwelling
with aluminum siding exterior and
slate roof; detached two-car garage.
SEIZED AND TAKEN into execution of the writ as the property of Scott
E. Werkheiser and Sharon M.
Werkheiser.
DANIEL G. SCHMIEG, ESQUIRE
No. 38
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011150
ALL THAT CERTAIN lot or piece of
ground situate on the east side of
Jonathan Drive, designated as No.
186 Jonathan Drive, Palma Township, Northampton County, Pennsylvania, and being all of Lot No. 204 on
Plan of Lots of Old Orchard, Section
“D-1” Extension, Old Orchard Development Corp., Palmer Township,
Northampton County, Pennsylvania,
prepared by E. T. and T.D. Sales,
Registered Professional Engineers,
dated March 20, 1958, which Plan
has been duly recorded in the Office
for the Recording of Deeds in and for
Northampton County, at Easton,
Pennsylvania, in Map Book 14, Page
20; bounded and described as follows, to wit:
BEGINNING AT A POINT on the
east side of Jonathan Drive, said point
being north two degrees thirty-one
and four-tenths minutes east (N 2°
31.4 E), a distance of one hundred
ninety-nine and two one-hundredths
(199.02’ ) feet from a concrete monument located at the northeast intersection of Jonathan and Baldwin
Drives; thence along Jonathan Drive
north two degrees thirty-one and fourtenths minutes east (N 2° 31.4’ E), a
distance of ninety (90’ ) feet to a point;
thence between Lots Nos. 204 and
202 south eighty-seven degrees
32
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
twenty-eight and six-tenths minutes
east (S 87° 28.6’ E), a distance of one
hundred seventy (170’ ) feet to a point;
thence between Lots Nos. 204 and
214 south two degrees thirty-one and
four-tenths minutes west (S 2° 31.4’
W) a distance of ninety (90’ ) feet to a
point; thence between Lots Nos. 204
and 206 north eighty-seven degrees
twenty-eight and six tenths minutes
west (N 87° 28.6’ W) a distance of one
hundred seventy (170’ ) feet to the
point of beginning, containing in all
15,300 square feet, more or less.
Title to said premises is vested in
Robert D. Weiss by deed from Preston
K. Hindmarch, Executor under the
last Will and Testament of Dorothy G.
Hindmarch, deceased, dated 10/19/
2006 and recorded 10/31/2006 in
Deed Book 2006-1, Page 451196.
Instrument #2006­06­3646.
TAX I.D. # M8SE2-24-10.
BEING KNOWN AS 186 JONATHAN DRIVE, EASTON, PA 18045.
THEREON BEING ERECTED a
ranch style dwelling w/attached garage.
SEIZED AND TAKEN into execution of the writ as the property of
Robert D. Weiss.
TERRENCE J. McCABE, ESQUIRE
5/1/2008
BEGINNING at an iron pipe located on the westerly side of Forrest
Drive said pipe also being the northeasterly property corner of Lot 35
thence along the northerly property
line of Lot 35 North 77 degrees 30
minutes 00 seconds West 33.50 feet
to an iron pipe; thence along the lands
now or formerly of Frank and Helen
J. Timer North 12 degrees 30 minutes
00 seconds East 41.88 feet to an iron
pipe thence along the southerly property line of Lot 57’ South 83 degrees
36 minutes 20 seconds East 202.53
feet to an iron pipe; thence along the
easterly property line of Lot 57 North
00 degrees 17 minutes 20 seconds
East 5.60 feet to an iron pipe; thence
along the southerly property line of
Lot 85 South 89 degrees 42 minutes
40 seconds East 218.26 feet to an iron
pipe; thence along the property line
to an alley South 12 degrees 30 minutes 00 seconds West 103.63 feet to
an iron pipe; thence along the northerly property line to Lot 82 North 77
degrees 30 minutes 00 seconds West
170 feet to an iron pipe; thence along
the westerly property line of Lot 82
South 12 degrees 30 minutes 00
seconds West 7.22 feet to an iron
pipe; thence along the northerly property line of Lot 55 North 77 degrees
30 minutes 00 seconds West 190 feet
to an iron pipe; thence crossing Forrest Drive North 89 degrees 51 minutes 10 seconds East 20.47 feet to
the place of beginning.
Title to said premises is vested in
Aida K. Gonzalez by deed from Christina M. Sanchez f/k/a Christina M.
Fertig and Kevin Sanchez, her husband, dated 7/21/2006 and recorded 8/16/2006 in Deed Book
2006-1, Page 335819.
TAX I.D. #: Q6NM2-4-2C-1.
No. 39
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-009738
ALL THAT CERTAIN lot or tract of
land situate on the easterly side of
Forrest Drive (also known as 61 Forrest Hill Drive designated as Lots 56,
83, and 84 on said plan of Forrest
Hill) in the Township of Lower Saucon, County of Northampton and
Commonwealth of Pennsylvania more
particularly described as follows to
wit:
33
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
BEING KNOWN AS 2239 FORREST HILL DRIVE, BETHLEHEM, PA
18015.
THEREON BEING ERECTED a
two story single dwelling w/attached
two-car garage, wood exterior and
shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of Aida
K. Gonzalez.
TERRENCE J. McCABE, ESQUIRE
5/1/2008
BEING KNOWN AS 58 Crystal
Terrace a/k/a 15 Crystal Terrace
Estates, Mount Bethel, Pennsylvania.
THEREON BEING ERECTED a
two story single dwelling w/attached
garage, vinyl siding exterior and
shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Sheila D. Pullins, last record owner
Ronnelle D. Pullins, Administratrix of
the estate of Sheila D. Pullins, last
record owner.
CHANDRA ARKEMA, ESQUIRE
No. 40
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-007418
ALL THAT CERTAIN lot, piece or
parcel of land situate, lying and being
in the Township of Upper Mount
Bethel, County of Northampton and
State of Pennsylvania, more particularly described as Lot 15, Major Subdivision of Crystal Terrace Estates,
recorded in the Office for the Recorder of Deeds, Northampton County, Pennsylvania, in Plot Book Volume
2002-5, Page 100.
TOGETHER with all rights and
privileges and under and subject to
the covenants, exceptions, conditions, reservations and restrictions as
of record.
UNDER AND SUBJECT to all the
covenants located in Book 2004-1
Page 371017.
BEING KNOWN AS: 58 Crystal
Terrace a/k/a 15 Crystal Terrace
Estates, (Upper Mount Bethel Township), Mount Bethel, PA 18343.
PROPERTY ID NO.: D11-116-15.
TITLE TO SAID PREMISES IS
VESTED IN Sheila D. Pullins by Deed
from LTS Development, LLC successor by merger to LTS Development,
Inc. dated 9/16/04 recorded 9/23/04
in Deed Book 2004-1 Page 371017.
No. 41
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2005-003898
ALL THAT CERTAIN piece, parcel
or tract of land situate in the Township of Williams, County of Northampton and Commonwealth of Pennsylvania shown as Lot 2 (Remaining
Lands) on the Minor Subdivision Plan
“Lands of Robert E. Shultz, Sharon
L. Shultz, h/w” as recorded in Map
Book 1995-5, Page 416 in the Office
of the Recorder of Deeds for Northampton County at Easton, Pennsylvania
being further bounded and described
as follows, to wit:
BEGINNING at an iron pin on the
existing westerly right-of-way line of
Pennsylvania Route 611 (16.5 feet
from centerline) at the southeast
corner of lands now or formerly of
Benny and Mary Ann Weidemoyer;
thence along said existing westerly
right-of-way line of Pennsylvania
Route 611 (16.5 feet from centerline)
South 00°-44’-26” East 30.00 feet to
an iron pin at a corner of lands now
or formerly of Elwood and Florence
Bryfogle; thence along said lands now
or formerly of Elwood and Florence
Bryfogle and also along other lands
34
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
now or formerly of Elwood and Florence Bryfogle South 89°-27’-30” West
427.74 feet to an iron pin at a corner
of Lot 1 of the Lands of Robert E.
Shultz, Sharon L. Shultz, h/w; thence
along said lands of Lot 1 of the Lands
of Robert E. Shultz, Sharon L. Shultz,
h/w the following two courses and
distances: 1) South 62°-04’-08” West
600.00 feet to a point; thence 2) South
79°-56’-11” West 445.23 feet to a
point on line of lands now or formerly of John and Shirley Cavalo;
thence along said lands now or formerly of John and Shirley Cavalo
North 14°-50’-41” West 883.04 feet to
an iron pin at a corner of lands of the
I-78 right-of-way; thence along said
lands of the I-78 right-of-way North
80°-20’-25” East 410.24 feet to an
iron pin on line of lands now or formerly of Thomas and Marilyn Wharen; thence along said lands now or
formerly of Thomas and Marilyn
Wharen and also along lands now or
formerly of Benny and Mary Ann
Weidemoyer South 13°-41’-44” East
415.32 feet to an iron pin; thence
continuing along said lands now or
formerly of Benny and Mary Ann
Weidemoyer North 84°-41’-52” East
727.54 feet to an iron pin at a corner
of lands now or formerly of George
and Frances Karch; thence along said
lands now or formerly of George and
Frances Karch the following three
courses and distances: 1) South
24°-19’-24” West 233.46 feet to a
point; thence 2) North 89°-29’-03”
East 14.84 feet to a point; thence 3)
North 04°-05’-03” East 14.91 feet to
an iron pin; thence continuing along
said lands now or formerly of George
and Frances Karch and also along
lands now or formerly of Benny and
Mary Ann Weidemoyer North
5/1/2008
89°-27’-30” East 475.15 feet to an
iron pin, the place of the beginning.
CONTAINING 591,408.39 square
feet or 13.577 acres.
BEING KNOWN AS: 394 South
Delaware Drive, Easton, PA 18042.
PROPERTY ID NO.: M10-3-9J.
TITLE TO SAID PREMISES IS
VESTED IN Thomas B. Mattis by
Deed from Robert E. Shultz and Sharon L. Shultz, husband and wife
dated, 1/5/99 recorded 1/7/99 in
Deed Book 1999-1 Page 2528.
THEREON BEING ERECTED a
two story single dwelling w/attached
two-car garage, vinyl siding exterior
and shingle roof; detached garage.
SEIZED AND TAKEN into execution of the writ as the property of
Thomas B. Mattis.
CHANDRA M. ARKEMA, ESQUIRE
No. 42
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010709
ALL THAT CERTAIN tract of land
located in the Borough of Freemansburg, County of Northampton and
Commonwealth of Pennsylvania,
known as Lot No. 30 as shown on the
Development Plan Final of Eastgate
Townehomes, Sheet 1 of 8, Project No.
460-01, dated August 30, 1988, last
revised March 13, 1989, prepared by
F & M Associates, Inc., as recorded
in the Office of the Recorder of Deeds
in the Northampton County Courthouse, Map Book 89, Page 86, on
June 9, 1989, being more particularly described as follows, to wit:
BEGINNING at an iron pin to be
set on the Eastern right-of-way line
of Ramblewood Lane (50 feet wide)
and of said Eastgate Townehomes,
also being the Northwestern corner
of Lot No. 31 of said Plan; thence
along the Eastern right-of-way line of
35
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Ramblewood Lane (50 feet wide)
North 00 degrees 28 minutes 55
seconds West a distance of 50.00 feet
to a point; thence along the Southern
property line of Lot No. 29 North 89
degrees 31 minutes 05 seconds East
a distance of 173.40 feet to an iron
pin to be set; thence along the Western property line of Lot No. 38 South
02 degrees 19 minutes 07 seconds
East a distance of 50.03 feet to an
iron pin to be set; thence along the
Northern property line of Lots Nos. 37
and 31 South 89 degrees 31 minutes
05 seconds West a distance of 175.00
feet to an iron pin to be set, being the
place of Beginning.
CONTAINING 0.20 acres or 8,709.91
feet of land.
SUBJECT to a 25 foot wide drainage easement along the East side and
a 15 foot wide drainage and utility
easement along the Southern and
Western sides of the lot as shown on
the said Development Plan Final of
Eastgate Twonehomes.
BEING the same premises which
Ramblewood Partners of Bethlehem,
L.P., by Deed dated April 11, 2002,
and recorded April 26, 2002, in Book
2002-1, Page 108987, granted and
conveyed unto Michael S. Hayduk,
Sr. and Lucille J. Hayduk, his wife,
in fee.
BEING THE SAME PREMISES the
Title to which became vested on the
mortgagors herein by Deed of: Grantor: Michael S. Hayduk Sr. and Lucille
J. Hayduk, Deed date: 8-26-2005,
recorded in county of: Northampton
Volume: 2005-1 Page: 351143.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Afotey Annum, by Deed
from Michael S. Hayduk, Sr. and
Lucille J. Hayduk, h/w, dated
5/1/2008
08/26/2005, recorded 09/12/2005,
in Deed Book 2005-1, page 351143.
Premises being: 963 RAMBLEWOOD LANE, FREEMANSBURG, PA
18017.
Tax Parcel No. N7-2-31.
THEREON BEING ERECTED a
two and one-half story townhouse
with vinyl siding exterior and shingle,
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Afotey Annum.
DANIEL G. SCHMIEG, ESQUIRE
No. 43
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010972
ALL THAT CERTAIN tract of land,
situate in the Township of Bethlehem,
County of Northampton, Commonwealth of Pennsylvania, being Lot
#51, as shown on a Development
Plan, Drawing No. D-1, prepared by
Huth Engineers, Inc., Allentown,
Pennsylvania, for Simon’s Commons
Associates, dated April 15, 1988, and
last revised November 7, 1988,
bounded and described as follows, to
wit;
BEGINNING at a point, said point
being located at the intersection of the
easterly right of way of Pembroke
Place with the common line between
Lot #50 and Lot #51; Thence along
the Pembroke Place right of way the
following four (4) courses and distances: 1) on a curve to the left, having a radius of 50.00 feet, on a chord
bearing of North 43 degrees 20 feet
51 inches West, and a chord length
of 15.43 feet, an arc length of 15.50
feet to a point of reverse curvature; 2)
on a curve to the right, having a radius of 20.00 feet, on a chord bearing
North 27 degrees 13 feet 52 inches
West, and a chord length of 16.90
36
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
5/1/2008
No. 44
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011374
All that certain Eastern half of a
two and a half story double brick
dwelling house and lot situate on the
south side of Locust Street, between
Maple and Elm Streets, 10 the city of
Bethlehem County of Northampton
and State of Pennsylvania, bounded
and described as follows, to wit;
BEGINNING at a point in the
southern line of said Locust Street,
distant fifty-seven (57) feet six (6)
inches east of the eastern line of a
twenty feet wide alley immediately
east of Maple Street; thence extending
eastwardly along the southern line of
said Locust Street a distance of seventeen (17) feet six (6) inches, one of
that line width extending southwardly in parallel lines a distance of
one hundred and twenty (120) feet to
an westward twenty foot wide alley.
BOUNDED on the North by said
Locust Street, on the feet by lead now
or late of Mary L. Patrell, on the South
by said alley, on the West by land now
or late of William V. Speck.
ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL
IDENTIFIER N63 630-3-4.
BEING KNOWN AS 420 E LOCUST STREET, BETHLEHEM, PENNSYLVANIA.
SEIZED AND TAKEN into execution of the writ as the property of
James W. Tumpey, Jr.
MICHAEL T. McKEEVER, ESQUIRE
feet, an arc length of 17.45 feet to a
point of tangency; 3) North 02 degrees
14 feet 01 inches West, a distance of
48.77 feet to a point of curvature; 4)
on a curve to the right, having a radius of 20.00 feet, on a chord bearing
of north 42 degrees 45 feet 59 inches
East, and a chord length of 28.28 feet,
an arc length of 31.41 feet to a point
at the end of return of the easterly
Pembroke Place right of way at its
intersection with the southerly Klien
Street right of way; thence along said
Klien Street right of way North 87
degrees 45 feet 59 inches East, a
distance of 104.23 feet to a point, a
corner of lands of N/L Ronald and
Berry Clause c/o H. Newman, Esq.;
thence along said lands south 01
degrees 24 feet 54 inches East a distance of 82.40 feet to a point, a corner
of Lot #50; Thence along line of Lot
#50 the following two (2) courses and
distance; 1) South 87 degrees 45 feet
59 inches West, a distance of 84.61
feet to a point; 2) South 55 degrees
32 feet 00 inches West, a distance of
25.00 feet to a point, said point being
the Place of Beginning.
Reserving therefrom a utility easements at a width of twenty (20) feet
running parallel and along the rear
property line of the therein described
tract.
UNIFORM PARCEL IDENTIFIER
NO.: N7NE2-5-9.
BEING KNOWN AS 4050 Klein
Street, Bethlehem, Pennsylvania.
THEREON BEING ERECTED a
two story single dwelling with attached two-car garage, vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Patricia Seeger and Frederick S.
Seeger.
MICHAEL T. McKEEVER, ESQUIRE
No. 45
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011140
ALL THAT CERTAIN measuage,
tenement and tract of land situate in
the Borough of Wilson, County of
37
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Northampton and State of Pennsylvania, and commonly known as No.
2415 Sycamore Street being more
particularly bounded and described
as follows, to wit:
BEGINNING at a point in the
Northern building line of Sycamore
Street, said point being 150 feet, 06
inches from the intersection of the
said building line of Sycamore Street
with the western building line of 24th
Street THENCE westerly along the
northern building line of said Sycamore Street 31 feet, 06 inches to a
point and extending northwardly of
that same width of 31 feet, 06 inches
at right angles to said Sycamore
Street 118 feet in depth to an alley.
TITLE TO SAID PREMISES IS
VESTED IN Dennis C. Short, by Deed
from Keri E. Short, dated 10/18/2007,
recorded 10/18/2007, in Deed Book
2007-1, page 383372.
Premises being: 2415 SYCAMORE
STREET, EASTON, PA 18042.
Tax Parcel No. L9SW4C-14-30.
THEREON BEING ERECTED a
modified cape style dwelling with
masonry/frame exterior and slate
roof.
SEIZED AND TAKEN into execution of the writ as the property of
Dennis C. Short.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
wife, to the Alliance Cement Company, bearing date the 27th day of
August, A.D. 1901, and recorded in
the Office for the Recording of Deeds
in and for Northampton County in
Deed Book F, Volume 21, Page 304,
said lot being twenty-five (25 feet) feet
in front on 20th Street and one hundred thirty (130 feet) feet in depth and
rectangular in shape. Being known
as No. 529 East 20th Street in the
Second Ward of the Borough of
Northampton, County of Northampton and Commonwealth of Pennsylvania.
TITLE TO SAID PREMISES IS
VESTED IN Heath D. Moser Judith
A. Moser h/w by Deed from Joseph
P. Zelienka, Jr. and Heather L. Zelienka, h/w Deeded 12/26/2002
recorded 12/31/2002 in Book
2002-1 Page 371530 Instrument #
2002068860.
Premises being: 529 EAST 20TH
STREET, NORTHAMPTON, PA
18067.
Tax Parcel No. L4SW2D-7-5.
THEREON BEING ERECTED a
two and one-half story one-half of a
double dwelling with aluminum siding exterior.
SEIZED AND TAKEN into execution of the writ as the property of
Heath D. Moser and Judith A. Moser.
DANIEL G. SCHMIEG, ESQUIRE
No. 46
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010815
ALL THAT CERTAIN messuage,
tenement and lot or piece of land,
known and distinguished on the map
or plot of Levan Park at Siegfried as
Lot No. 29, situate on the northerly
side of 20th Street (formerly Atlas
Street), and being the same Lot No.
29 excepted and reserved in the Deed
from Frank M. Moore and Ida E., his
No. 47
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010657
ALL THAT CERTAIN part or parcel
of land located in Upper Nazareth
Township, Northampton County,
Commonwealth of Pennsylvania, as
shown on the plans of Schoeneck
Terrace Subdivision, prepared by
Benchmark Civil Engineering Serv-
38
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
ices, Inc. dated July 27, 2001, and
last revised May, 30, 2002, as recorded in the office of the Recorder of
Deeds for Northampton County,
Pennsylvania, in Plan Book ___,
Pages ___, being more fully described
as follows, to wit:
BEGINNING at an iron pin to be
set on the northern right-of-way of
City View Drive (25 feet from center);
said iron pin being a common corner
of Lot 17 and Lot 18 of the Schoeneck
Terrace subdivision; thence along the
said Lot 17 of the Schoeneck Terrace
subdivision, N 03 degrees 23 minutes
36 seconds E a distance of 120.00
feet to an iron pin to be set in line with
lands now or formerly of James K.
and Sharon L. Carty; thence along
the said lands now or formerly of
James K. and Sharon L. Carty, S 86
degrees 36 minutes 24 seconds E a
distance of 99.97 feet to, a concrete
monument to be set in line with lands
now or formerly of Holly Real Estate;
thence along lands now or formerly
of Holly Real Estate, S 02 degrees 46
minutes 06 seconds W a distance of
120.01 feet to a concrete monument
to be set on the northern right-of-way
of City View Drive; thence along the
said right-of-way of City View Dive, N
86 degrees 36 minutes 24 seconds W
a distance of 101.28 feet to an iron
pin to be set, said iron pin being THE
PLACE OF BEGINNING.
CONTAINING 12,000 square feet
or 0.28 acres.
BEING KNOWN AS 556 City View
Drive, Upper Nazareth, Pennsylvania.
TITLE TO SAID PREMISES IS
VESTED IN Michael Salavati and
Sandra Farbod, husband and wife,
as Tenants by the Entirety, by Deed
from Paul Stepniak Land Holding,
Inc., is a Pennsylvania Corporation,
5/1/2008
dated 10/29/2004, recorded
11/02/2004, in Deed Book 2004-1,
page 426762
PARCEL IDENTIFICATION NO.:
J8-3-4-18.
Premises being: 556 CITY VIEW
DRIVE, NAZARETH, PA 18064.
Tax Parcel No. J8-3-4-18.
THEREON BEING ERECTED a
two story single dwelling w/attached
garages, vinyl siding exterior and
shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Sandra Farbod and Michael Salavati.
DANIEL G. SCHMIEG, ESQUIRE
No. 50
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-6713
ALL that certain messuage, tract,
piece or parcel of land situated in the
Borough of Bangor, County of
Northampton and State of Pennsylvania, bounded and described in
accordance to a survey made of the
premises by Pearson and Young,
Surveyors, and recorded in the Office
for the Recording of Deeds at Easton,
Pennsylvania, in Map Book No. 4,
page 13, as follows, to wit:
BEGINNING at a stake on the east
side of Snyder Street and corner of
Lot No. 249 as per map or plan aforesaid; thence along the south side of
said Lot No. 249, North eighty-four
and one-half degrees East one hundred thirty feet to a fifteen feet wide
alley; thence along west side of said
alley and in line therewith, North five
and one-half degrees East thirty feet
to Lot No. 251; thence along the north
side of Lot No. 251, South eighty-four
and one-half degrees West one hundred and thirty feet to the east side of
Snyder Street; thence along said
39
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Street five and one-half degrees West
thirty feet to the place of BEGINNING.
CONTAINING Lot No. 250 per map or
plan made by Pearson and Young for
Miller and Company.
BEING the same premises which
Anna A. Jones, widow, did by Deed
dated July 3, 1997 and recorded in
the Office for the Recorder of Deeds
in and for the County of Northampton
at Easton, Pennsylvania, in Record
Book Volume 1997-1, page 71458,
granted and conveyed unto Brent L.
Godshalk and Tricia D. Godshalk,
Husband and Wife, Grantors hereof,
in fee.
PARCEL IDENTIFICATION NO:
E9NE3C-3-8.
Premises: 649 Snyder Street, Bangor, PA 18013 Bangor Borough,
Northampton County Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Scott J. DiGrazia, by
Deed from Brent L. Godshalk and
Tricia D. Godshalk, husband and
wife, dated 06/21/2005, recorded
06/27/2005, in Deed Book 2005-1,
page 237231.
THEREON BEING ERECTED a
ranch style dwelling with aluminum
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of Scott
J. DiGrazia.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
bounded and described as follows, to
wit:
BEING Lot #4 in Block #4 on Plan
of Lots of the Lackawanna Land
Company, formerly in Allen Township, Northampton County, Pennsylvania, and known as the ‘Fuller
Farm,’ which said map is of record in
the office of the Recorder of Deeds in
and for the county of Northampton in
Map Book 2, page 142, said lot being
twenty-five (25) feet in front of Buttonwood Street as shown on said map
and one hundred twenty (120) feet in
depth to a public alley sixteen (16) feet
wide and being known as 407 Buttonwood Street.
PARCEL 2:
ALL THAT CERTAIN lot of land
and premises, situate, lying and being
in the Borough of North Catasauqua
(formerly the Township of Allen),
County of Northampton and State of
Pennsylvania, designated and described as follows:
BEING Lot Number Five in Block
Number Four as designated and laid
out on the plot or map of the Lackawanna Land Company, situate in
the Borough of North Catasauqua
(formerly the Township of Allen),
County of Northampton and State of
Pennsylvania, known as the ‘Fuller
Farm’, which said plot or map is of
record in The Office for the Recording
of Deeds, in and for the said County
of Northampton, in Map Book No. 2,
page 42.
Said lot being twenty-five feet in
front upon Buttonwood Street as
shown by said recorded map and one
hundred twenty feet in depth to a
public alley sixteen feet wide, said lot
being rectangular in shape.
BEING Northampton County tax
parcel Assessment #M4SE4A-13-16
No. 51
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011122
PARCEL 1:
ALL THAT CERTAIN messuage or
tenement and lot or piece of ground
situate in the Borough of North Catasauqua, County of Northampton and
Commonwealth of Pennsylvania,
40
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
BEING THE SAME PREMISES
which Phillip Kromer and Donna M.
Kromer, husband and wife, by Deed
dated April 23, 2004 and intended to
be recorded in the Office of the Recorder of Deeds in and for Northampton County, Pennsylvania, did grant
and convey unto Robert J. Kelshaw
and Stephanie L. Kelshaw, husband
and wife, Mortgagors herein.
1) Vested by Deed dated
04/23/2004, given by Phillip Kromer
and Donna M. Kromer, husband and
wife to Robert J. Kelshaw and Stephanie L. Kelshaw, husband and wife
and recorded 4/26/2004 in Book
2004-1 Page 153911 Document #
2004026970.
2) Vested by Deed, dated
05/08/1998, given by Carl E. Weidner
and Carol M. Snell, Executors of the
Estate of Mabel V. Weidner to Phillip
Kromer and Donna M. Kromer, husband and wife and recorded
5/12/1998 in Book 1998-1 Page
59377.
Premises being: 407 BUTTONWOOD STREET, NORTH CATASAUQUA, PA 18032.
Tax Parcel No. M4SE4A-13-16.
THEREON BEING ERECTED a
two and one-half story one-half of a
double dwelling with asbestos siding
exterior.
SEIZED AND TAKEN into execution of the writ as the property of
Robert J. Kelshaw and Stephanie L.
Kelshaw.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
as Lot 85 as shown on the “Development Plan Final” of Eastgate Townehomes, Sheet 1 of 8, Project No.
460-01 dated August 30, 1988, last
revised March 13, 1989, prepared by
F & M Associates, Inc., as recorded
in the Office of the Recorder of Deeds
in the Northampton County Courthouse, Map Book Volume 89, Page
86, on June 9, 1989, being more
particularly described as follows to
wit:
BEGINNING at an iron pin found
at the southwestern corner Lot 75 of
said Eastgate Townehomes, also being the common corner of lands N/F
of Bethlehem Development Corporation;
THENCE along the eastern property line of lands N/F of Bethlehem
Development Corporation N 02°19’
07” W a distance of 298.66’ to an iron
pin to be set, the TRUE POINT OF
BEGINNING;
THENCE continuing along the
eastern property ling of lands N/F of
Bethlehem Development Corporation
N 02°19’ 07” W a distance of 20.00’
to a point;
THENCE along the southern property line of Lot 86 N 87°40’ 53” E a
distance of 199.99’ to an iron pin to
be set;
THENCE along the western rightof-way line of Court Abbe (50’ wide) S
02°19’ 07” E a distance of 20.00’ to
an iron pin to be set;
THENCE along the northern property line of Lot 84 S 87°40’ 53” W a
distance of 199.99’ to an iron pin to
be set; being the TRUE POINT OF
BEGINNING.
CONTAINING 0.09 acres or
3,999.8 square feet.
RECORD OWNER
Vested by Warranty Deed, dated
12/13/2002, given by Ramblewood
No. 52
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-009789
ALL THAT CERTAIN tract of land
located in the Borough of Freemansburg, County of Northampton; Commonwealth of Pennsylvania, known
41
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
Partners Of Bethlehem, L.P. to Michael Ciardi and recorded 12/19/2002
in Book 2002-1 Page 360042 Instrument #2002067408.
Premises being: 602 ABBE
COURT, FREEMANSBURG, PA
18017-6304.
Tax Parcel No. N7-2-62.
THEREON BEING ERECTED a
two story townhouse with vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Michael A. Ciardi.
DANIEL G. SCHMIEG, ESQUIRE
5/1/2008
Best, and on the West by Glendon
Avenue.
BEING known as 411 PACKER
STREET, EASTON, PA 18042.
PARCEL #M9NW2B-5-2.
BEING THE SAME PREMISES
which James A. Brown, Sr. and
Carolyn D. Brown, by Deed dated
November 28, 2000 and recorded
December 5, 2000 in the Office of the
Recorder of Deeds in and for
Northampton County in Deed Book
Volume 2000-1, Page 161953, granted and conveyed unto Edward R.
Brown, Sr.
SEIZED AND TAKEN into execution of the writ as the property of
Edward R. Brown, Sr., a/k/a Edward
Brown, a/k/a Edward R. Brown.
GREGORY JAVARDIAN, ESQUIRE
No. 53
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-004744
ALL THAT CERTAIN messuage
tenement and tract of land situate in
the City of Easton, County of
Northampton and Commonwealth of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the West
side of Packer Street, a distance of
eighty (80’ ) feet South of the Southwest corner of Packer Street and
Wilkes-Barre Street; thence continuing Northwardly along the West side
of Packer Street, a distance of twentyfour (24’ ) feet, more or less, to property now or late of William J. Nevins
and Annie Nevins, his wife; thence
extending Westwardly of the same
width between parallel lines a distance of one hundred one and eight
tenths (101.8) feet to Glendon Avenue.
BOUNDED on the North by property now or late of William J. Nevins
and Annie Nevins, his wife, on the
East by Packer Street, on the South
by property now or late of Charles
No. 55
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010057
ALL THAT CERTAIN messuage
and parcel or tract of land situate in
the Township of Allen, County of
Northampton and Commonwealth of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a spike in the
middle of T.R. 467, leading from L.R.
48049 to L.R. 48051, and being the
Northeast corner of lands of Bud H.
Bowen and wife; thence along the
middle of said road South 83 degrees
45 minutes East 100.00 feet to a
spike; thence through lands, now or
late of Elmer G. Minnich and wife,
South 04 degrees 12 minutes West
971.51 feet to an iron pin; thence
along lands of John Nagy North 85
degrees 43 minutes West 100.0 feet
to a pin; thence along lands of aforesaid Bud H. Bowen and wife, North
04 degrees 12 minutes 30 seconds
42
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
East 976.85 feet to the place of Beginning.
CONTAINING 2.2379 acres of
land.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Leon Gable and Heidi
Sarley, by Deed from Brenda L. Zattoni, dated 07/31/2006, recorded
08/08/2006, in Deed Book 2006-1,
page 320889.
Premises being: 229 MUD LANE,
NORTHAMPTON, PA 18067.
Tax Parcel No. L4-5-5F.
THEREON BEING ERECTED a­
bi-level dwelling with garage, vinyl
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of Leon
Gable and Heidi Sarley.
DANIEL G. SCHMIEG, ESQUIRE
No. 56
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010627
ALL THAT CERTAIN messuage or
tenement and parcel or piece of land
situate in the Borough of North Catasauqua, Northampton County, Pennsylvania, being the Northernmost
6.67 feet of Lot No. 1205, all of Lots
Nos. 1207 and 1209, and the Southernmost 6.67 feet of Lot No. 1211 on
the Hunter Manor plan of town lots,
recorded in the Office of the Recorder
of Deeds of Northampton County, at
Easton, Pennsylvania, in Map Book
Volume 9, at Page 96.
CONTAINING fifty-three and
thirty-four hundredths (53.34) feet in
front on the East side of Howertown
Road and extending Eastwardly in
depth of equal width for a distance of
one hundred twenty (120.00) feet to
a 15 foot wide alley.
ALL THAT CERTAIN messuage or
tenement and parcel or piece of land
43
5/1/2008
situate in the Borough of North Catasauqua, Northampton County, Pennsylvania, being a 53.50 foot Eastwood
extension to the Western line of Milton
Street of Lot Nos. 1207 and 1209 and
the Southernmost 6.67 feet to Lot No.
1211 and the Northernmost 6.67 feet
of Lot No. 1205 on the Hunter Manor
plan of town lots, bounded and described as follows, to wit:
BEGINNING at a point on the
Eastern line of Lot No. 1211, said
point being one hundred six and
sixty-seven hundredths (106.67) feet
North of the Northern line of Hunter
Street; thence Eastwardly along a line
running parallel with an extension of
the line dividing Lots No. 1211 and
1213 for a distance of fifty-three and
one-half (53.50) feet to a point on the
Western line of Milton Street; thence
Southwardly along the Western line
of Milton Street for a distance of fiftythree and thirty-four hundredths
(53.34) feet to a point in Lot No. 1205;
thence Westwardly along a line running parallel with an extension of the
line dividing Lots Nos. 1203 and 1205
for a distance of fifty-three and onehalf (53.50) feet to a point on the
Eastern line of Lots Nos. 1205, 1207,
1209 and 1211; thence Northwardly
along the same for a distance of fiftythree and thirty-four hundredths
(53.34) feet to the place of beginning.
CONTAINING 2,853.690 square
feet of land.
Title to said premises is vested in
Christian Duran and Marie Duran
a/k/a Maria Duran and Brainey
Duran a/k/a Brainy Duran a/k/a
Jasmin Duran a/k/a Brainy J. Duran by deed from Jose Rosario, Jr.
and Bianca Rosario, husband and
wife, dated 8/8/2006 and recorded
8/18/2006 in Deed Book 2006-1
Page 339196.
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
TAX I.D. #: M4SE1C-10-3.
BEING KNOWN AS 1207 HOWERTOWN ROAD, NORTH CATASAUQUA, PA 18032.
THEREON BEING ERECTED a
cape style brick dwelling.
SEIZED AND TAKEN into execution of the writ as the property of
Christian Duran and Marie Duran
a/k/a Maria Duran and Brainey
Duran a/k/a Brainy Duran a/k/a
Jasmin Duran a/k/a Brainy J. Duran.
TERRENCE J. McCABE, ESQUIRE
5/1/2008
North 66 degrees 30 minutes East
along the said side of Sturbridge Drive
79.57 feet to a point a corner of Lot
233; thence extending South 23 degrees 30 minutes East along Lot 233
103.40 feet to a point in line of Lot
231; thence extending South 74 degrees 16 minutes 30 seconds West
along Lot 231 113.31 feet to a point
on the Northeast side of Concord
Circle the place of BEGINNING.
BEING Lot Number 232 on said
plan.
BEING known as Northampton
County Uniform Parcel No. M8SW3
4-1.
IT BEING THE SAME PREMISES
which Calton Homes of Pennsylvania
at Pennway, Inc., by Deed dated October 26, 1994 and recorded on October 27, 1994, in the Recorder of
Deeds Office in and for Northampton
County in Deed Book Vol. 1994-5,
Page 90057 granted and conveyed
unto Anthony Capobianco and Dianne M. Capobianco.
PROPERTY BEING KNOWN AS:
4735 Concord Circle, Easton, Pennsylvania 18045.
THEREON BEING ERECTED a
single dwelling w/garage, vinyl siding
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Anthony Capobianco and Dianne M.
Capobianco, husband and wife.
RICHARD BRENT SOMACH,
ESQUIRE
No. 57
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-010515
ALL THAT CERTAIN lot or piece of
ground, situate in Bethlehem Township, Northampton County, described
according to a Final Plan of Pennway
Estates Phase II, made by Ludgate
Engineering Corporation, dated February 19, 1988 and last revised August 3, 1989 and recorded in the
Office of the Recorder of Deeds at
Easton, Pennsylvania in Plan Book
89, page 335 as follows to wit:
BEGINNING at a point on the
Northeast side of Concord Circle (50
feet wide) which point is a corner
common to Lots 231 and 232 on said
plan; thence extending along the said
side of Concord Circle on the arc of a
circle curving to the left having a radius of 325.00 an arc distance of
57.03 feet to a point of compound
curve; thence extending along a radius round corner connecting the said
side of Concord Circle with the Southeast side of Sturbridge Drive (60 feet
wide) on the arc of a circle curving to
the right having a radius of 30.00 feet
an arc distance of 48.32 feet to a point
of tangent on the Southeast side of
Sturbridge Drive; thence extending
No. 58
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2006-008646
ALL THAT CERTAIN parcel of land
shown as Lot No. 57 on a Plan of a
Revision of Clearfield Crossing Phase
IV, being recorded in Plan Book 93,
page 107, in the Township of Bush-
44
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
kill, County of Northampton, and
State of Pennsylvania, bounded and
described as follows:
BEGINNING at an iron pin on the
easterly property line of Clearfield
Road, a corner also in Lot No. 51;
thence along said Lot No. 51 South
56 degrees 29 minutes 18 seconds
East 223.46 feet to an iron pin; thence
along the same South 39 degrees 10
minutes 02 seconds East 64.45 feet
to an iron pin, a corner also in Lot No.
58; thence along said Lot No. 58
South 50 degrees 49 minutes 58
seconds West 256.14 feet to an iron
pin on the easterly property line of
Clearfield Road; thence along said
Clearfield Road North 39 degrees 10
minutes 02 seconds West 20.03 feet
to a point; thence along the same on
a curve to the right having a radius
of 270.00 feet and an interior angle
of 72 degrees 40 minutes 39 seconds
an arc distance of 342.49 feet (chord
bearing and distance north 2 degrees
49 minutes 38 seconds West 319.98
feet) to the place of BEGINNING.
BEING KNOWN as 650 Clearfield
Road, Nazareth, PA 18064.
PARCEL NO: H7-14-21G.
BEING the same premises which
Lester A. Green, Sr. and Vicky H.
Green by Deed dated May 1, 2003,
and recorded May 5, 2003, in Book
2003-1, Page 159461, granted and
conveyed unto Camille Kafka, in fee.
PARCEL IDENTIFICATION NO:
H7-14-21G,
Premises: 650 Clearfield Road,
Nazareth, PA 18064 Bushkill,
Northampton County, Pennsylvania.
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Camille Kafka and Keoma
Gopaulsingh, by Deed from Camille
Kafka, dated 10/11/2005, recorded
5/1/2008
10/20/2005, in Deed Book 2005-1,
page 414626.
THEREON BEING ERECTED a
two story single dwelling w/attached
two-car garage, brick and vinyl sided
exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Keoma Gopaulsingh and Camille
Kafka.
DANIEL G. SCHMIEG, ESQUIRE
No. 59
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2003-003652
ALL THOSE CERTAIN lots of land,
with improvements thereon erected,
Situate in the Township of Palmer,
County of Northampton and Commonwealth of PA being known and
designated as Lots Nos. 1023, 1024,
1025 and 1026 as shown on the Map
or Plan of Jones Terrace, entered in
the Office of the Recording of Deeds
of Northampton County in Map Book
8 page 15, bounded and described as
follows, to wit:
BEGINNING at a point on the
North side of Vermont Street, said
point being distant 240 feet from the
northwest corner of Vermont Street
and Blair Street, thence along the
North side of Vermont Street and Heil
Avenue 115.69 feet to a point, the
Northeast corner of Vermont Street
105.79 feet to a point, the Northeast
corner of Vermont Street and Heil
Avenue; thence along the East side of
Heil Avenue 115.69 feet to a point the
Southeast corner of Heil Avenue and
a 20 foot wide alley; thence along the
South side of a 20 foot wide alley
69.98 feet to a point; thence along Lot
No. 1027, 110 feet to the place of
beginning.
CONTAINING 9,668 square feet,
more or less.
45
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18
BEING Tax Map No. M8NE3-22B.
BEING the same premises which
Leroy G. Walters, by Deed dated August 13, 1999 and recorded in the
Office of the Recorder of Deeds of
Northampton County on August 23,
1999, in Deed Book 1999-1, Page
128622, granted and conveyed unto
Daniel T. Costanzo and Carol A.
Costanzo.
BEING KNOWN AS 3419 Vermont
Street, Easton, Pennsylvania.
THEREON BEING ERECTED a
ranch style dwelling w/attached onecar garage, stone and aluminum
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Daniel T. Costanzo and Carol A.
Costanzo.
KRISTINE M. ANTHOU, ESQUIRE
5/1/2008
the Office for the Recording of Deeds,
etc., in and for said County of North­
ampton in Map Book Volume 12,
page 9.
TITLE TO SAID PREMISES IS
VESTED IN Michael Bolan and Diana
Botti, by Deed from Alphonso Jackson, Secretary of Housing and Urban
Development of Washington D.C.,
their Attorney in fact/agent, Carole
Armstrong, dated 07/07/2005, recorded 07/19/2005, in Deed Book
2005-1, page 267122.
Premises being: 820 MAPLE
ROAD, HELLERTOWN, PA 18055.
Tax Parcel No. Q7SE4A-10-12.
THEREON BEING ERECTED a
cape style dwelling with aluminum
siding exterior and shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Michael Bolan and Diana Botti.
DANIEL G. SCHMIEG, ESQUIRE
No. 60
BY VIRTUE OF A CERTAIN
WRIT OF EXECUTION
CV-2007-011237
ALL THAT CERTAIN lot or piece of
ground situate, lying and being in the
Borough of Hellertown, in the County of Northampton, in the Commonwealth of Pennsylvania, consisting of
and being designated as Lot No. 9 in
Block No. 8 of the map entitled ‘Rentz­
heimer Farm Development, Section
C, Mountainview Property of Bethlehem Steel Company-Located in Borough of Hellertown, Northampton
County, Pa’ dated November 6, 1947,
Rev. April 13, 1948, which is filed in
Schedule of Distribution will be
filed by the Sheriff thirty days from
the date of the sale and distribution
will be made in accordance with the
schedule unless exceptions are filed
thereto within ten days from the date
of filing the Schedule of Distribution.
JEFFREY K. HAWBECKER
Sheriff
North­amp­ton County,
Pennsylvania
CHRISTOPHER T. SPADONI
ESQUIRE
Solicitor to the Sheriff
Apr. 17, 24; May 1
46
Herstitch v. Harper et al.
57
ROGER HERSTITCH, Plaintiff v. DEAN HARPER, D&A
EMERGENCY EQUIPMENT, THE BOROUGH OF
HELLERTOWN, ROBERT P. BALUM, CHIEF OF POLICE OF
THE BOROUGH OF HELLERTOWN and HAVIS-SHIELDS
CORPORATION, Defendants
Summary Judgment—Strict Liability—Negligence—Negligent Infliction of
Emotional Harm.
Plaintiff was allegedly injured in a car accident when the air bags in the vehicle deployed causing laptop computer mounts to impact the plaintiff. Plaintiff filed a complaint
against defendants for strict liability, negligence, and negligent infliction of emotional harm.
Defendants, Dean Harper (“Harper”), D&A Emergency Equipment, and Havis-Shields Corporation brought a motion for summary judgment for plaintiff’s failure to produce expert
testimony regarding the defective condition of the computer mounts. The court granted defendants’ motion for summary judgment because “Regardless of whether the plaintiff proceeds
under a strict liability or negligence theory, recovery for inadequate design depends upon the
availability of an alternative.” Pennsylvania Practice; Torts: Law and Advocacy, Litvin and
McHugh, §9.38, p. 354. It is beyond the experience of laymen to know what alternative design
options, if any, are available for installation of a computer stand in the vehicle’s cab. This
would require testimony from an engineer or expert in the structural design field. Under
Pennsylvania law, expert testimony is required when the matter before the fact-finder involves
skill and training beyond that of the ordinary layman. Electron Energy Corporation v. Short,
408 Pa. Super. 563, 597 A.2d 175 (1991); Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667
(1967).
In the Court of Common Pleas of Northampton County, Pennsylvania,
Civil Division—Law, No. C0048CV2002006169.
ment.
Order of Court granting defendants’ motion for summary judgLEWIS L. THOMPSON, JR., ESQUIRE, for Plaintiff.
HARRY D. MCMUNIGAL, ESQUIRE, and EDWARD J. CERMANSKI,
ESQUIRE, for defendants.
Order of Court entered March 20, 2006 by FREEDBERG, P.J.
OPINION
This matter is before the court on defendants’, Dean Harper (“Harper”), D&A Emergency Equipment, and Havis-Shields Corporation, motions
for summary judgment.
Plaintiff, a police officer of the Borough of Hellertown, struck a deer
while on duty in his patrol car. The front-end impact with the deer deployed
both the driver and passenger air bags. Plaintiff alleges that the deployment
of the air bags caused the laptop TCB computer mounts to be forced into
his head, shoulder, and arm resulting in severe injuries. At the time of the
accident, only the computer mounts were installed; the laptop was not in47
58
Herstitch v. Harper et al.
Vol. 55
stalled. The computer mounts were installed by Harper and D&A Emergency Equipment. D&A Emergency Equipment purchased the mounts from
manufacturer Havis-Shields Corporation and alleges that the mounts were
installed following the instructions provided by the manufacturer.
Plaintiff alleges that Harper and D&A Emergency Equipment installed
the mounts without properly reconstructing the interior of the patrol car in
an effort to save time; therefore, the mounts represented a danger to the
driver if the air bags deployed. Plaintiff further alleges that Harper and
D&A Emergency Equipment knew that the mounts were dangerous and
installed them regardless. Plaintiff also asserts that there were no warnings
placed on the mount to inform drivers of the possible danger the mounts
presented.
STANDARD
Plaintiff has alleged causes of action against the defendants, Harper,
D&A Emergency Equipment, and Havis-Shields Corporation for strict liability, negligence, and negligent infliction of emotional harm.
Pa. R.C.P. 1035.2, states:
After the relevant pleadings are closed, but within
such time as not to unreasonably delay trial, any party may
move for summary judgment in whole or in part as a matter
of law ...
(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse
party who will bear the burden of proof at trial has failed to
produce evidence of facts essential to the cause of action or
defense, which in a jury trial, would require the issues to be
submitted to a jury.
In determining whether to grant summary judgment, this court must
view the record in a light most favorable to the non-moving party and must
resolve all doubts as to the existence of a genuine issue of material fact
against the moving party. Potter v. Herman, 762 A.2d 1116, 1117-18 (Pa.
Super. 2000). However, a party seeking to avoid the entry of summary
judgment against it may not rest upon mere allegations or denials contained
in its pleadings. On the contrary, a party seeking to avoid summary judgment is required to show, by depositions, answers to interrogatories, admissions or affidavits, that there is a genuine issue for trial. Pa. R.C.P. 1035.3.1
Controverted facts contained in the pleadings are ignored when deciding a
motion for summary judgment. Phaff v. Gerner, 451 Pa. 146, 150, 303 A.2d
826, 829 (1973). Thus, summary judgment is proper only when the uncontroverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no
———
1
Formerly Pa. R.C.P. 1035.
48
Herstitch v. Harper et al.
59
genuine issue of material fact exists, and that the moving party is entitled
to judgment as a matter of law. Potter v. Herman, supra at 1117.
ISSUE
By Order of Court discovery in the instant matter was to be completed by August 31, 2005, and plaintiff was to exchange expert reports
with defendants by September 30, 2005. Plaintiff has failed to produce any
expert reports. The motions raise the contention that plaintiff cannot prove
what is required without expert testimony.
STRICT LIABILITY
A cause of action in strict liability permits a plaintiff to recover
where a product in “a defective condition unreasonably dangerous to the
user or consumer” causes harm. Phillips v. A-Best Products Co., 542 Pa.
124, 131, 665 A.2d 1167, 1170 (1995), quoting Restatement (Second) of
Torts, Section 402A. Three types of defective conditions can give rise to
a strict liability claim: design defect; manufacturing defect; or a failure
to warn defect. Id. at 131, 665 A.2d at 1170-1171. The plaintiff has the
burden in a strict liability cause of action for a defective product to prove
(1) the product was defective; (2) the defect caused the injury; and (3)
the defect existed at the time the product left the manufacturer. Demmler
v. SmithKline Beecham Corp., 448 Pa. Super, 425, 430-31, 671 A.2d 1151,
1154 (1996).
A manufacturing defect is proven by a breakdown in the machine or
a component thereof. Riley v. Warren Manufacturing, Inc., 455 Pa. Super.
384, 390, 688 A.2d 221, 224 (1997). The record is absent any proof that
the computer mounts were in some manner defective or broken in and of
themselves; therefore, plaintiff cannot establish a manufacturing defect.
A defective product can also give rise to a strict liability claim when
a plaintiff proves that the design of the product results in an unreasonably
dangerous product, i.e., a design defect. Riley v. Warren Manufacturing,
Inc., supra at 390, 688 A.2d at 224. It is a question of law whether a product is unreasonably dangerous. Id. When making the determination
whether a product is unreasonably dangerous because of a design defect
the court may consider several factors, which include:
The gravity of the danger posed by the challenged design;
the likelihood that such danger would occur; the mechanical
feasibility of a safer design; and the adverse consequences to
the product and to the consumer that would result from a safer
design.
Id. at 391, 688 A.2d at 225. Additional factors that the court may consider
include:
(1) The usefulness and desirability of the product—its
utility to the user and to the public as a whole.
49
60
Id.
Herstitch v. Harper et al.
Vol. 55
(2) The safety aspects of a product—the likelihood that it
will cause injury, and the probable seriousness of the injury.
(3) The availability of a substitute product which would
meet the same need and not be as unsafe.
(4) The manufacturer’s ability to eliminate the unsafe
character of the product without impairing its usefulness or
making it too expensive to maintain its utility.
(5) The user’s ability to avoid danger by the exercise of
care in the use of the product.
(6) The user’s anticipated awareness of the dangers inherent in the product and their avoidability, because of general
public knowledge of the obvious condition of the product, or
of the existence of suitable warnings or instructions.
(7) The feasibility on the part of the manufacturer, of
spreading the loss, of setting the price of the product, or carrying liability insurance.
Taking into consideration the factors set forth above, the plaintiff has
failed as a matter of law to establish a design defect. The plaintiff asserts
that the positioning of the computer mounts was dangerous, but provides
no evidence of the gravity of danger posed by that positioning. There is
nothing in the record that proves that the computer mounts would cause
the injury routinely when the air bags deploy or that the computer mounts
would cause grave injury when the air bags deploy. There is nothing in the
record that shows the feasibility of an alternative design or the feasibility
to spread the cost of an alternative design to the public.
The feasibility of an alternative design and gravity of danger posed
by the challenged design are the types of matters that go beyond the skill
and training of an ordinary layperson. Under Pennsylvania law, expert
testimony is required when the matter before the fact-finder involves skill
and training beyond that of the ordinary layman. Electron Energy Corporation v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991); Reardon v. Meehan,
424 Pa. 460, 227 A.2d 667 (1967). “Where a plaintiff fails to produce an
expert in a situation requiring one, the court should grant a defendant’s
motion for summary judgment.” Masgai v. Franklin, 787 A.2d 982, 985
(Pa. Super. 2001). Plaintiff has failed to produce evidence that the computer mounts could have been placed in a safer manner, and therefore, has
failed to prove a design defect.
The final way a defective condition gives rise to a strict liability claim,
is if the plaintiff proves that the product is defective for the manufacturer’s
“failure-to-warn.” Phillips v. A-Best Products Co., supra at 131, 665 A.2d
at 1171. “A product is defective due to a failure-to-warn where the product
was ‘distributed without sufficient warnings to notify the ultimate user of
50
Herstitch v. Harper et al.
61
the dangers inherent in the product.’ ” Id.; quoting Mackowick v. Westinghouse Electric, 525 Pa. 52, 56, 575 A.2d 100, 102 (1990).
[A] plaintiff raising a failure-to-warn claim must establish
only two things: that the product was sold in a defective condition ‘unreasonably dangerous’ to the user, and that the defect
caused plaintiff’s injury. To establish that the product was sold
in a defective, the plaintiff must show that a warning of a particular danger was either inadequate or altogether lacking, and
that this deficiency in warning made the product ‘unreasonably
dangerous.’ For the plaintiff in a failure-to-warn claim to establish the second element, causation, the plaintiff must demonstrate that the user of the product would have avoided the
risk had he or she been warned of it by the seller. If the plaintiff
fails to establish either of these two elements, the plaintiff is
barred from recovery as a matter of law. (Citations omitted.)
Phillips v. A-Best Products Co., supra at 131-32, 665 A.2d at 1171.
In plaintiff’s deposition he testified he knew of the dangers that the
computer mounts could pose because of their location to the air bag. Since
plaintiff had actual knowledge of the danger of the placement of the computer mounts, defendants cannot be held strictly liable for failure-to-warn
because the plaintiff knew of the risk. See Phillips v. A-Best Products Co.,
supra at 132, 665 A.2d at 1171; Sherk v. Daisy-Heddon, 498 Pa. 594, 450
A.2d 615 (1982). Therefore, plaintiff has failed to prove a right to recover
for failure-to-warn.
NEGLIGENCE
Negligence and strict liability are distinct causes of action. Moroney
v. General Motors Corporation, 850 A.2d 629, 635 (Pa. Super. 2004). To
maintain a cause of action in negligence a plaintiff must show that the
defendant had a duty to conform to a certain standard; that the defendant
breached that duty by unreasonable conduct; that the breach of duty caused
the injury in question; and that actual loss or damages occurred. Phillips v.
Cricket Lighters, 576 Pa. 644, 841 A.2d 1000, 1008 (2003). In a cause of
action alleging negligent design, the two critical questions are: were the
risks to the plaintiff foreseeable, and did the supplier owe a duty to guard
against the defect in its design. Pennsylvania Practice; Torts: Law and
Advocacy, Litvin and McHugh, §9.34, p. 342.
“Regardless of whether the plaintiff proceeds under a strict liability
or negligence theory, recovery for inadequate design depends upon the
availability of an alternative.” Pennsylvania Practice; Torts: Law and Advocacy, Litvin and McHugh, §9.38, p. 354.
Plaintiff has the burden to prove a breach of a duty by showing that
defendant did an unreasonable act or failed to do a reasonable act. See
supra, Phillips v. Cricket Lighters. Normally it is within the capacity of
non-experts who serve as jurors to determine whether the defendant has
51
62
Herstitch v. Harper et al.
Vol. 55
acted reasonably under the circumstances. See e.g., Pollak v. Holencik, 48
D. & C. 4th 57 (2000). For example, drawing on common experience and
understanding, a jury of laymen can determine whether a possessor of real
property unreasonably failed to remove ice from a walkway.
In certain situations, the determination whether conduct is reasonable
is beyond the uninformed capability of laymen. In such cases, plaintiff must
present expert testimony to inform the jury so that it can decide whether
conduct was reasonable. Supra, Electron Energy Corp. v. Short; Reardon
v. Meehan.
In the instant case, plaintiff claims defendants unreasonably placed
the computer stand in the cab of the police car. To determine whether conduct is unreasonable, a jury must know what alternatives to the chosen
course were available. In the case of the ice in the walkway, laymen are
capable of knowing that an alternative course would be removal of the ice;
no expert is needed. In the instant case, however, it is beyond the experience
of laymen to know what alternative design options, if any, are available for
installation of the computer stand in the vehicle’s cab. This would require
testimony from an engineer or expert in the structural design field. That is,
are there other methods of installing the computer stand which would allow
it to serve its intended purpose without being exposed to the exploding air
bags? It is only when the jury knows this can they determine whether the
defendants acted in an unreasonable manner. Further, the jury would have
to be informed whether the placement of the computer stand where it would
be impacted by the air bags was such that there was a likelihood that such
an impact would propel the stand into the driver. Only an expert could
provide such information to laymen.
Since plaintiff has failed to produce an expert’s opinion regarding
the foreseeability of risk that the computer mounts in their installed position
presented and regarding the feasibility of an alternative design, plaintiff
cannot prove a cause of action in negligence.
NEGLIGENT INFLICTION OF EMOTIONAL HARM
Negligence is an essential element for a cause of action of negligent
infliction of emotional harm. See Banyas v. Lower Bucks Hospital, 293 Pa.
Super. 122, 128, 437 A.2d 1236, 1239 (1981); citing Restatement (Second)
of Torts §436. Plaintiff’s failure to produce evidence of facts essential to the
cause of action for negligence, requires this court to also grant defendants’
summary judgment motion for negligent infliction of emotional harm.
Wherefore, we enter the following Order of Court:
ORDER
AND NOW, this 20th day of March, 2006, it is hereby ordered that
defendants’, Dean Harper, D&A Emergency Equipment, and Havis-Shields
Corporation, motions for summary judgment against plaintiff, Roger Herstitch, are GRANTED.
52
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18 5/1/2008
NORTHAMPTON COUNTY REPORTER DIGEST—2008-5
RECENT DECISIONS OF THE COURTS OF COMMON PLEAS
OF NORTHAMPTON COUNTY
COMMONWEALTH OF PENNSYLVANIA v. MICKEY JACKSON
Omnibus Pre-Trial Motion To Dismiss Charges and Suppression of Statements
In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal
Division—No. 2007-1784.
Order of the Court denying Defendant’s Motions.
William Matz, Esquire for the Commonwealth.
Holly V. Calantoni, Esquire for Defendant.
Order of the Court entered on October 31, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
The Defendant filed an Omnibus Pretrial Motion seeking to suppress statements made
by him to police, arguing that the statements were made without the benefit of being
read his Miranda rights and that admission of the statements would violate Defendant’s
Constitutional rights. The Court held that statements were “blurt outs” made independent
of any custodial interrogation and are therefore not subject to suppression.
In light of the totality of the circumstances, the Commonwealth presented sufficient
evidence to make out a prima facie case against Defendant for the charges against
him.
BOROUGH OF WALNUTPORT v. TIMOTHY DENNIS AND ROSEMARY
DENNIS, HUSBAND AND WIFE
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. 1994-ML-8215.
Order of Court denying in part and sustaining in part cross Preliminary Objections
of Defendants and Plaintiff.
Michael F. Corriere, Esquire for Plaintiff.
Timothy Dennis and Rosemary Dennis, Pro Se.
Order of the Court entered on November 5, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
Defendants filed an Affidavit of Defense in response to a Writ of Scire Facias for a
municipal lien on Defendants’ property for the installation of curbing.
Demurrer filed on behalf of the Defendants was sustained in part, in so far as the
Borough is given twenty days to amend its lien to include the date that the improvements were installed as required by 53 P.S. §7144(5). In all other respects the Defendants’ Demurrer was denied, since Plaintiff had established notice, compliance with
the six-month filing requirement of the municipal lien, and statutory support for the
ten percent interest charge.
Demurrer filed on behalf of the Plaintiff was sustained with regard to all claims,
with the exception of the defense/claims challenging the rate of interest, the assessment
for the tree cutting and stump removal, and the defense alleging the failure to file the
lien within the time frame set by 53 P.S. §7143. The Demurrer to the defense/claims
challenging the rate of interest, the assessment for the tree cutting and stump removal
53
NORTHAMPTON COUNTY REPORTER
Vol. 55 No. 18 5/1/2008
and the defense alleging the failure to file the lien within the time frame set by 53 P.S.
§7143 defense/claim for mistake were denied.
BARBARA J. COUCH, AS ADMINISTRATRIX OF THE ESTATE OF
REBECCA HAMEL, DECEASED, AND BARBARA J. COUCH, IN
HER OWN RIGHT v. NORTHAMPTON HOSPITAL CORPORATION,
NORTHAMPTON HOSPITAL CORPORATION D/B/A EASTON
HOSPITAL, NORTHAMPTON CLINIC COMPANY, LLC,
NORTHAMPTON CLINIC COMPANY, LLC, D/B/A BRIGHTON
OBSTETRICS AND GYNECOLOGY, BRUCE M. KAUFFMAN, M.D., P.C.,
BRUCE M. KAUFFMAN, M.D., P.C. D/B/A BRIGHTON OBSTETRICS AND
GYNECOLOGY, LTD, BRIGHTON OBSTETRICS AND GYNECOLOGY,
P.D., AND DANIEL M. SCHWARTZMAN, M.D.
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C-48-CV-2007-3781.
Order of Court Sustaining in part and Overruling in part Preliminary Objections.
Steven G. Wigrizer, Esquire for Plaintiffs.
Peter J. Druckenmiller, Jr., Esquire for Defendant Easton Hospital.
Candy Barr Heimbach, Esquire for Defendant Schwartzman, et al.
Order of the Court entered on November 5, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
In a wrongful death and medical malpractice action, Defendants separately filed preliminary objections to the Plaintiff’s Amended Complaint on similar grounds of agency
and insufficient fact specificity.
The claims for actual agency, ostensible agency and corporate negligence through
vicarious liability were not specifically pled so as to inform the Defendants as to the
nature of any agency relationship, clearly identify the alleged principals actors and
provide a factual background that supports each separate theory. The Court granted
the Defendants’ respective demurrers and requests for a more specific pleading as to
the claims of agency and ostensible agency.
In relying on Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa. 1983), as
requiring a defendant to purge the complaint of generalized averments by preliminary
objection to protect itself from the injection of new theories of liability prior to verdict,
the court struck language deemed to be vague and imprecise.
BETHLEHEM MEDICAL ARTS, LP, BETHLEHEM MEDICAL
ARTS, LLC AND ABDULHAY ASSOCIATES, L.P. v. DILWORTH PAXSON,
LLP AND MICHAEL ECKER INDIVIDUALLY AND AS A PARTNER IN
DILWORTH PAXSON, LLP.
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C-48-CV-2005-3925.
Order of Court Denying Preliminary Objections in nature of demurrer.
Richard F. Stevens, Esquire for Plaintiffs.
James J. Rodgers, Esquire for Defendants.
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Order of the Court entered on November 9, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
Defects in Plaintiff’s Original Complaint, such as verification by an attorney, were cured
by the filing of the Amended Complaint. The Amended Complaint was properly brought
derivatively by a partner and a proposed amendment to the Amended Complaint after
the statue of limitations had run was allowed to correct the name of a party.
Defendant’s objection challenging the statute of limitation was improper via preliminary objection and must be brought as an affirmative defense and pleaded as new
matter.
Defendants’ demurrer was denied, because Plaintiff set forth causes of action for
legal malpractice, breach of fiduciary duty and breach of contract, and any attempt by
Defendants to supplement the record with additional facts missing from the complaint
constitutes an impermissible speaking demurrer.
COMMONWEALTH OF PENNSYLVANIA v. ANTHONY J. SANTOS
Post Sentence Motion
In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal
Division—No. C-48-CR-1481-2006.
Order of Court denying Defendant’s Post Sentence Motion pursuant to Pa. C.S.A.
§9541 et seq.
Terence Patrick Houck, Esquire for the Commonwealth.
Mark Refowich, Esquire for Defendant.
Order of the Court entered on November 27, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
Defendant, convicted of criminal homicide in the third degree, filed a post sentence motion requesting relief on grounds of ineffective assistance of counsel, denial of defense
expert testimony as to the effects of crack cocaine on the victim, the prosecutor’s comment in closing that the Defendant refused to testify, and lack of evidentiary support.
Defendant failed to meet the standard for proving ineffective assistance of counsel,
which is: (1) that the underlying claim is of arguable merit; (2) that counsel’s performance lacked a reasonable basis; and (3) that the ineffectiveness of counsel caused
him prejudice. Defendant’s complaints of lack of discovery, if true, would not have to
a reasonable degree of probability changed the outcome of the proceedings. Defendant
was more prejudiced by his own refusal to testify, which was appropriate for the Commonwealth to address in its closing statement in accordance with the principles of “fair
response” to the opening statements of the defense.
Expert testimony as to the victim’s mental state and behavior was deemed pure
speculation, because it was lacking a factual foundation that as a result of cocaine and
alcohol in the victim’s blood stream that the victim was aggressive, homicidal and had
a total loss of caution.
As to the evidentiary claim, the record fully developed a factual basis to sustain the
conviction and support the sentence, which is appropriate under the guidelines.
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COUNTRY CLASSICS AT MORGAN HILL, LLC, AND MORGAN
HILL GOLF CLUB, LLC v. WILLIAMS TOWNSHIP, AND WILLIAMS
TOWNSHIP BOARD OF SUPERVISORS, SALLY HIXON, ROBERT
DOERR, AND FRED MEBUS
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C0048CV20075358.
Order of Court denying Preliminary Objections in nature of a demurrer.
Krist P. Harper, Esquire and Michael A. Klimpl, Esquire for Plaintiffs.
Brian Monahan, Esquire for Defendants.
Order of the Court entered on November 30, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
This case questioned the dedication and acceptance of public streets, utility easements,
and public improvements from a subdivision developer to a township.
The first preliminary objection in the nature of a demurrer alleged legal insufficiency
in Plaintiffs’ entitlement to a mandamus action to compel the township to accept the
dedication of the public roads and improvements. Plaintiffs were entitled to pursue
the mandamus action, because they were seeking to require the township to honor its
written contractual agreement, not just an act of discretion.
The second demurrer alleged failure to join an indispensable party, which was denied
on grounds that the alleged indispensable parties had no direct interest in the contractual
relationship between the Plaintiffs and the township.
STATE FARM FIRE AND CASUALTY COMPANY, AS SUBROGOR
OF GEORGE C. KISS AND REBECCA K. KISS v. LENNOX HEARTH
PRODUCTS, INC., THERM-O-DISC, INC. AND HINTON & SONS, INC.
Motion for Leave to File an Amended Complaint
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C0048CV2006-0793.
Order of the Court granting Plaintiffs’ Motion for Leave to File an Amended
Complaint.
Frank G. Procyk, Esquire for Plaintiffs.
Dana Hinerman Augustine, Esquire and Louis A. Bove, Esquire for Defendant
Lennox Hearth Products, Inc.
Michael Kunsch, Esquire for Defendant Therm-o-disc, Inc.
Joanne Kelhart, Esquire for Defendant Hinton & Sons, Inc.
Order of the Court entered on December 4, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
Plaintiffs sought to amend their original complaint with causes of action in product
liability, negligence and breach of warranty in order to assert and allege successor liability against the defendants involving the manufacture, distribution and sale of the
subject pellet stove that caused property damage.
The court allowed the amendment, because it merely amplified the existing causes
of action instead of creating a new cause of action. Furthermore, there was no prejudice to the defendants; the same operative facts and damages supported the proposed
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amendment; the timing of the proposed amendment was before trial had yet to even be
scheduled; and the amendment was for successor liability where defendants are alleged
to have assumed liability by voluntarily becoming the successor corporation.
COMMONWEALTH OF PENNSYLVANIA v. JOSEPH DELGADO
Post Conviction Relief Act Petition
In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal
Division—No. 2004-3992.
Order of the Court dismissing Defendant’s Post Conviction Relief Act Petition.
Patricia C. Broscius, Esquire for the Commonwealth.
Joseph Delgado, Pro Se.
Order of the Court entered on December 21, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
The petitioner brought a second P.C.R.A. Petition, identical to a prior P.C.R.A. Petition, which again asserts the allegation of a purported recantation by the victim of
sexual assault. During sentencing, the petitioner volunteered that he engaged in sexual
intercourse with his minor daughter, therefore the allegations of a purported recantation are meritless.
Further, this second P.C.R.A. was filed well beyond the one-year statutory period
and is therefore untimely.
FRANK ALLEGRETTA v. JAMES FEBBO AND SONS, INC.,
AND JAMES FEBBO, INDIVIDUALLY
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C-0048-CV-2007-0632.
Order of Court Granting Preliminary Objections.
Frank Allegretta, Pro Se.
Ronald J. Karasek, Esquire for Defendants.
Order of the Court entered on December 20, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
The complaint for violations of the Unfair Trade Practices and Consumer Protection Acts, promissory estoppel and unjust enrichments stemming from an allegedly
excessive plumbing bill, was procedurally defective for reasons of improper service,
dissimilar notices to defend and lack of an appropriate verification. The complaint was
also legally insufficient.
The court also noted that preparation of legal pleadings by a lay person constitutes
the unauthorized practice of law and, by plaintiff’s own admission in the pleading, the
preparation of the complaint was done by a non-attorney.
SHAWN BRANUM v. LEISA BRANUM
Non-Jury Custody Trial
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C0048CV2004000675.
Order of Court denying Petition to Relocate and denying Petitions for Primary
Physical Custody.
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Stanley J. Margie, III, Esquire for Plaintiff Shawn Branum.
April L. Cordts, Esquire for Defendant Leisa Branum.
Order of the Court entered on December 31, 2007 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
The parties had an established custody order for evenly divided joint physical and legal
custody. The Court was presented with mother’s petition to relocate out of state and for
primary physical custody and father’s counter petition for primary physical custody in
the event that mother relocated.
The mother failed to meet the Gruber standard for relocating with the minor children.
The court determined that the proposed relocation would not significantly improve the
quality of life for the mother and children, the mother’s motive for relocation was for
self-improvement, the father’s motive of resisting the relocation was to maintain his
relationships and high-level of involvement with the children, and the mother failed to
provide a realistic substitute visitation arrangement. After further reviewing the factual
record, the Court determined that it would be in the minor child’s best interests to deny
relocation and both parents’ petitions for primary physical custody.
The previous custody order remained in full force and effect. However, should the
mother relocate out-of-state the parties would continue to share legal custody, but father
would have primary physical custody.
JOHN HEIDECKER v. BRETT FARYNIAK D/B/A SIEKONIC LAWN
CARE, TIGER DEN PARTNERS II, LLC, AND SHEETZ, INC.
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C-48-CV-2007-6214.
Order of Court Sustaining Preliminary Objections.
Daniel M. O’Donnell, Esquire for Plaintiff.
Joseph F. McNulty, Jr., Esquire for Defendants.
Order of the Court entered on January 8, 2008 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
In a negligence action for physical injuries sustained where a snow plow ran over the
Plaintiff in the parking lot, Defendants separately filed preliminary objections to the
Plaintiff’s Amended Complaint on similar grounds in the form of Motions to Strike
Punitive Damages. The Court granted the Defendants’ respective motions, because
the factual averments against the Defendants did not rise to the level of outrageous
behavior or reckless indifference.
LILLIAN EIKE AND THOMAS R. EIKE v. KATHLEEN M. TRILLI, KIM
TRILLI, KIRSTEN M. WILLIAMS AND LARRY A. CARON
Preliminary Objections
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—
Law, No. C0048CV2007001985.
Order of Court sustaining Preliminary Objections.
Kelly Clifford Rambo, Esquire for Plaintiffs.
Susan J. Vandegrift, Esquire for Defendants Kathleen M. Trilli, Kim Trilli.
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James J. Dodd-o, Esquire for Defendants Kirsten M. Williams and Larry A. Caron.
Order of the Court entered on January 8, 2008 by Stephen G. Baratta, Judge.
DESCRIPTION OF DECISION
These actions for negligence, negligent entrustment and loss of consortium arise out
of an automobile accident which resulted in physical injuries.
The Court sustained Defendant’s preliminary objection to the negligent entrustment claim and struck it from the Complaint, because it lacked a sufficient factual
pattern. Defendants’ preliminary objection to specific language was also sustained
where it referred to violations “of the laws and rules of the road of the Commonwealth
of Pennsylvania” and referenced injuries by stating “including but not limited to”.
The Court relied on previous rulings interpreting Connor v. Allegheny Gen. Hosp.,
461 A.2d 600 (Pa. 1983), holding that a defendant is required to purge a complaint of
generalized averments by preliminary objection to protect itself from the injection of
new theories of liability prior to a verdict. The Court granted leave to Plaintiffs to file
an amended complaint.
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NEW JERSEY LAW
JAMES L. PFEIFFER, ESQ.
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Former New Jersey Superior Court Judge
Vicinage 13 – Warren, Hunterdon and Somerset Counties
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Greenwich Township, Warren County, NJ
Municipal Prosecutor
Allamuchy Township, Warren County, NJ
Former Municipal Prosecutor
Town of Phillipsburg, Greenwich Township, Knowlton Township,
and Blairstown Township, Warren County, NJ
Former Planning Board Member
Pohatcong Township Planning Board, Warren County, NJ
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