Vol. LVI Allentown, PA Friday, March 18, 2016 No. 90
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Vol. LVI Allentown, PA Friday, March 18, 2016 No. 90
Vol. LVI Allentown, PA Friday, March 18, 2016 1 No. 90 THE COURT The Hon. Edward D. Reibman, President Judge The Hon. Carol K. McGinley, Judge The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge The Hon. Michele A. Varricchio, Judge The Hon. Douglas G. Reichley, Judge The Hon. Alan M. Black, Senior Judge LEHIGH LAW JOURNAL (USPS 309560) Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY 1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org HON. WILLIAM H. PLATT, President PATRICK J. REILLY, President-Elect MICHELLE M. FORSELL, Vice President James J. Kozuch, Secretary SARAH M. JOLLY, Treasurer SUSAN G. MAURER, Historian THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director SARAH MUSSEL, Case Editor Copyright © 2016 Bar Association of Lehigh County The Lehigh Law Journal is published every Friday. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Journal nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. The Law Journal makes no representation as to the quality of services offered by any advertiser in this publication. Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102, before 12 noon the preceding Tuesday. Telephone (610) 433-6204. Advance issues $100.00 per year. Single copies $2.00. Payment of annual dues to the Bar Association of Lehigh County includes year’s subscription to Lehigh Law Journal. Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage paid at Allentown, PA 18102 and at additional mailing offices. POSTMASTER: Send address changes to The Lehigh Law Journal, 1114 W. Walnut St., Allentown, PA 18102. 2 Classical Elegance A gracious facility for your social and business events.... weddings banquets parties exclusively partnered caterers www.thebarristersclub.com 1114 W Walnut Street Allentown | 610-433-6088 ext.12 3 4 CLYDE BARTEL ALTERNATIVE DISPUTE RESOLUTION Efficient. Affordable. Effective. MEDIATION ARBITRATION CONSULTING Building on 35 years of experience in civil litigation, and following his retirement, Attorney Bartel is pleased to offer Alternative Dispute Resolution services as an Arbitrator, Mediator, and Consultant. Because ADR Should be Affordable for All. For more information, please visit: ClydeBartel.com Call: (215) 862-3142 • Email: [email protected] 5 6 ATTORNEY DISCIPLINARY / ETHICS MATTERS Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct James C. Schwartzman, Esq. Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year” 1818 Market Street, 29th Floor, Philadelphia, PA 19103 (215) 751-2863 The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty 7 8 9 TheHonorableRobertL.Steinberg,JudgeoftheCourtofCommon Pleas of Lehigh County, Pennsylvania, has an opening for a Law Clerkposition,whichhehopestofillbyMay2016.Thepositionis availableforgraduateapplicantsonly(third‐yearlawstudentswill notbeinterviewed).Furthermore,thepositioniscontingentupon graduates taking and passing the Pennsylvania Bar Examination duringtheirtenureasalawclerk. ALL SUBMISSIONS SHOULD BE SENT DIRECTLY TO: THE HONORABLE ROBERT L. STEINBERG, LEHIGH COUNTY COURTHOUSE, CHAMBERS 4‐A, 455HAMILTONSTREET,ALLENTOWN,PA18101 LawClerkPosition Salary: $61,339peryear(2016scale) Hours: MondaythroughFriday,8:30‐4:30 Location:LehighCountyCourthouse–455HamiltonStreet, Courtroom4‐A,Allentown,PA18101 Submit:Coverletter,resuméandthreereferencestoapply Ifcalledforaninterviewbringwritingsampleswithyou. Qualifications: This position is available for graduate applicants and is contingent upon taking and passing the Pennsylvania Bar Examduringtheirtermaslawclerk. Descriptionofposition:ThelawclerkassiststheJudgeindrafting opinions, including Pa. R.A.P. 1925(a), pretrial, post‐sentence and Post Conviction Relief Act opinions. The duties also include attending and providing support for hearings, including suppression and habeas motions, conducting research, and checkingcitations.Additionally,thelawclerkconductsresearchto prepare the Judge for hearings and trials, and provides general support during trial weeks. The law clerk keeps track of the Judge’s appellate cases as they progress through the appellate courts. The law clerk candidate should be well‐organized, detail‐ oriented, and a self‐starter. Must be able to work well on his/her own.Writingandcitationexperienceishighlyvalued. 3-11, 18 10 Swearing-In Ceremony for U.S. Court of Appeals for the Third Circuit and U.S. District Court for the Eastern District of Pennsylvania Presiding Judges Honorable Franklin S. Van Antwerpen Hon. Edward G. Smith Hon. Joseph F. Leeson, Jr. * * * * * * Thursday, May 5, 2016 2:00 P.M. United States District Court Federal Courthouse 101 Larry Holmes Drive, Suite 400 Easton, PA 18042 A reception will follow immediately after the swearing-in ceremony. * * * * * * Registration - If you plan to participate in the Ceremonial Admissions, please contact the NCBA Office. The Court requires a list of participants prior to the ceremony. RSVP to: [email protected]. Sponsors – Your sponsor is required to attend the ceremony to move for your admission to the Court. If you do not know anyone to sponsor you, the NCBA Office has a list of attorneys who will be available to sponsor you. Filing Applications – The attorney is required to complete all necessary paperwork and pay the application fees for each court to which they wish to be admitted. U.S. Court of Appeals for the Third Circuit - $216.00 Instructions and application are online at www.ca3.uscourts.gov. and the NCBA Office. *** The Third Circuit Court requires an original Certificate of Good Standing, dated within one year, to be attached to the application. The certificate is available from the PA Supreme Court. This takes approximately two weeks. DO NOT WAIT TO ORDER THIS! Certificates may be ordered at: http://www.pacourts.us/courts/supreme-court/obtaining-a-certificate-of-goodstanding. U.S. District Court for the Eastern District of Pennsylvania - $201.00 Instructions and applications are online at www.paed.uscourts.gov and the NCBA Office. If you have any questions please contact: Becky Kulik at [email protected] or Mary Beth Leeson at the NCBA Office at [email protected] 11 3-11— 4-22 EARLY DEADLINE NOTICE FOR THE LEHIGH LAW JOURNAL The offices of the Bar Association, Lehigh Law Journal and Lawyer Referral Service will be closed on Friday, March 25th. Advertisements for the March 25th issue of the Lehigh Law Journal must be received NO LATER THAN 2:00 P.M. ON MONDAY, March 21st. Advertisements for the April 15th issue of the Lehigh Law Journal must be received NO LATER THAN 2:00 P.M. ON MONDAY, April 11th. Notices may be faxed to the Lehigh Law Journal at (610) 770-9826 or e-mailed to: [email protected]. 3-11— 4-8 12 FAMILY LAW ATTORNEY IMMEDIATE OPENING for Family Law Attorney to work at the law offices of Pfeiffer & Bruno, P.C., a general practice law firm in Easton, PA. The firm practices in PA and NJ. 3-5 years of professional experience desired. Both PA and NJ Bar preferable, but not required. Salary and benefits commensurate with experience. Candidates may apply by e-mail to [email protected] or by mail to P.O. Box 468, Easton, PA 18044-0468. 3-11, 18 —————— REAL ESTATE PARALEGAL Fitzpatrick Lentz & Bubba, P.C., has an opening for a real estate paralegal which would include broad responsibility for closing coordination. The ideal candidate would possess 3 or more years’ experience in a similar position. See job details at http://www.flblaw.com/about-us/work-for-flb/. Reply via e-mail to [email protected]. All correspondence will be held in the utmost confidence. 3-11, 18 13 OFFICE SPACE AVAILABLE 4,000 sq. ft. of law office space, fully furnished, to be shared with owner. Parking on site. Minutes from the courthouse. Located at 215 N. 9th Street, Allentown, PA 18102. Contact Martin Karess at (610) 435-3530 from 8 a.m. to 5 p.m. 3-18, 25 —————— PARALEGAL /ADMINISTRATIVE ASSISTANT Full-time for Bethlehem law office. Experience in trusts and estates and with Lackner, QuickBooks, Amicus and Excel software a plus. Candidate must be proficient in Word and able to work independently in a fast-paced environment. Salary and benefits commensurate with experience. Send resume to: [email protected]. 3-18, 25; 4-1 14 15 836 Commonwealth vs. Cobb COMMONWEALTH OF PENNSYLVANIA vs. JUSTIN COBB, DEFENDANT Motion to Suppress Evidence—Fourth Amendment— Search and Seizure—Motor Vehicle Stop—Probable Cause— Reasonable Suspicion—Investigative Detention— Motor Vehicle Code Violation—Suspicion of Drug Activity— Totality of the Circumstances. 1. While police detective may not have had probable cause to stop vehicle based on motor vehicle code infraction, detective had reasonable suspicion to believe Defendant, a passenger, was involved in illegal drug activity, so that vehicle stop was not an illegal seizure requiring suppression of recovered evidence. 2. Officers who made actual traffic stop were not required to personally have reasonable suspicion Defendant was involved in criminal activity where they received radio communication directing the stop from detective who witnessed potential drug activity. In the Court of Common Pleas of Lehigh County, Pennsylvania—Criminal Division. No. CP-39-CR-3331-2014. Commonwealth of Pennsylvania vs. Justin Cobb, Defendant. Bethany Spear Zambogna, Esquire, Deputy District Attorney, on behalf of Commonwealth. Christopher M. Shipman, Esquire, on behalf of Defendant. Ford, J., February 24, 2014. Defendant, Justin Cobb, was charged with drug-related offenses following his arrest on January 29, 2014. On that day, officers of the Allentown Police Department stopped a vehicle in which Defendant was riding as a passenger and seized illegal drugs found inside the vehicle and on Defendant’s person. On October 6, 2014, Defendant filed a motion seeking suppression of all evidence obtained by the police after the stop of the vehicle. Defendant argues that the police lacked reasonable suspicion or probable cause to believe that the driver of the vehicle had committed a traffic violation or that the occupants of the vehicle were involved in illegal activity. A hearing on Defendant’s suppression motion was conducted on November 12, 2014. For the reasons that follow, the suppression motion lacks merit so it is denied. I begin with my findings of fact from the suppression hearing. 16 Lehigh 7-17 op Commonwealth vs. Cobb 837 Findings of Fact 1. Detective Matthew Karnish is a 15-year veteran of the Allentown Police Department. For the past six years, he has been assigned as an undercover detective in the Vice and Intelligence Unit. He has extensive experience in drug investigations including the making of approximately 500 arrests, wiretap investigations, approximately 1,000 interviews with mid- and low-level drug dealers, interviews with drug users and purchasers, surveillance hours, work with confidential informants and the purchasing of drugs in an undercover capacity. 2. There is frequent illegal drug activity in the 400 block of Allen Street, especially near its intersection with Penn Street. Police have documented purchases of heroin in that block. Execution of search warrants has yielded quantities of heroin. Based upon their experiences, the police consider this city block to be a regular heroin distribution location. 3. During nighttime hours on January 29, 2014, the Vice and Intelligence Unit was conducting a narcotics operation in the 400 block of Allen Street. Detective Karnish was part of that operation. He was working in plain clothes in an unmarked vehicle. There had been an unrelated drug arrest by the vice officers in that block of Allen Street at the time Defendant’s activities caught the attention of Detective Karnish. 4. Detective Karnish observed a silver Isuzu SUV with a soft top parked on the south side of Allen Street. The detective was parked on the opposite side of the street facing in the opposite direction. Detective Karnish watched the Isuzu by looking at his rearview mirror and by glancing over his shoulders. 5. Detective Karnish observed that there was a woman in the driver’s seat of the Isuzu. This was later determined to be Vanessa Lowe. Karnish saw that a male was in the front passenger seat. This male was later identified as Defendant. 6. Detective Karnish observed the faces of the two occupants occasionally illuminated by cell phones that they were using as they looked down. He also watched both individuals look over their shoulders. 17 Lehigh 7-17 op 838 Commonwealth vs. Cobb 7. The Isuzu pulled from its parking place on the south side of Allen Street, made a U-turn at Mohr and Allen Streets and parked on the north side of Allen Street facing west in the same direction as Detective Karnish. At this point, the Isuzu was 45 to 60 yards behind Karnish’s vehicle. Karnish continued to observe the two occupants of the Isuzu through his rearview mirror and glances. The occupants again used cell phones. They continued to look around. A marked patrol car drove past the Isuzu. As it passed, the woman in the driver’s seat leaned to one side, which appeared to Detective Karnish to be an attempt to avoid detection. She sat upright when the patrol vehicle drove by. 8. After the Isuzu was parked on the north side of Allen Street for 10 to 15 minutes, Defendant got out of the passenger side carrying an illuminated cell phone. He walked westerly toward Detective Karnish’s position. He climbed the steps to 433 Allen Street and stood on the porch. 9. Before this narcotics operation on January 29, Detective Karnish received information from his sources that drugs were distributed by the occupants of 433 Allen Street. According to that information, occupants of 433 Allen Street would leave that residence, go to the nearby intersection of Allen and Penn Streets, turn onto Penn Street and exchange drugs at Penn Street’s intersection with the alley which is Mary Street. 10. While Defendant was standing on the porch of 433 Allen Street, a person came out of that house. It was dark on the porch, but Detective Karnish was able to observe the individual from the house interact with Defendant for about 40 to 90 seconds. Defendant then left the porch and walked toward the Isuzu. He walked at a quicker pace than he did when he approached the porch. In Detective Karnish’s experience, participants in drug sales typically walk away from them at a quicker pace than they go to them. Defendant stopped walking after passing about four residences. He returned to the area in front of 433 Allen Street. Detective Karnish saw him stuffing something at his waist into his pants. Defendant then walked quickly back to the Isuzu, which he entered. 11. Ms. Lowe and Defendant remained parked in the Isuzu for several minutes. Ms. Lowe pulled from that parking space into 18 Lehigh 7-17 op Commonwealth vs. Cobb 839 the westbound lane of Allen Street. She did that without using a turn signal. Ms. Lowe drove the Isuzu past Detective Karnish who was still seated in his car. 12. Detective Karnish followed the Isuzu. He called for marked police units to stop the Isuzu. Although Karnish did not advise the marked units as to the reason that he wanted the Isuzu stopped, he was directing that it be stopped based upon what he believed was a vehicle code violation for pulling from a parked position into a lane of travel without using a turn signal, and based on his belief that a drug sale had just occurred. Three marked police vehicles assisted in the stop or aftermath of the stop of the Isuzu. 13. Detective Karnish walked to the passenger side of the stopped Isuzu. Defendant was seated in the front passenger seat. Karnish opened the door and asked Defendant to step out. As Defendant was getting out of the vehicle, he dropped a plastic bag which appeared to the detective to contain marijuana. From the exterior of the Isuzu, Karnish observed a second plastic bag of suspected marijuana in the map pocket of the front passenger door. Karnish seized these bags of marijuana. 14. One of the officers on the scene at Eighth and Allen Streets was Captain Reinik. He advised Detective Karnish that he could see suspected heroin in plain view in the passenger compartment of the Isuzu. Reinik pointed out the suspected heroin to Karnish. Karnish seized the suspected heroin which was packaged in 153 baggies. 15. The suspected marijuana and heroin were field tested by the police and yielded positive results for controlled substances. Defendant was arrested for drug offenses at the scene. Detective Karnish did a search of Defendant’s person incident to the arrest. Defendant had a “brick” of heroin in his coat pocket packaged in 60 baggies. Discussion and Conclusions of Law Defendant contends that Detective Karnish lacked justification for directing marked patrol units to stop the Isuzu in which 19 Lehigh 7-17 op 840 Commonwealth vs. Cobb Defendant was traveling. Defendant argues that all evidence obtained after this illegal vehicle stop must be suppressed. While a question exists as to whether Detective Karnish had probable cause to believe that the driver of the Isuzu committed a motor vehicle code infraction, the detective had reasonable suspicion to believe that the Defendant, an occupant of the Isuzu, was involved in illegal drug activity. Therefore, the police stop of the Isuzu was legal and proper. When a police officer stops a motor vehicle, the stop constitutes a “seizure” activating the protections of the Fourth Amendment to the United States Constitution. Commonwealth v. Chase, 599 Pa. 80, 89, 960 A.2d 108, 113 (2008). Police are permitted to stop a motor vehicle only when they witness a violation of the motor vehicle code or have cause to believe that an occupant of the vehicle in question is involved in criminal activity. See Commonwealth v. Polo, 563 Pa. 218, 224-25, 759 A.2d 372, 376 (2000). (The parties did not raise the issue of whether a passenger in a vehicle has standing to challenge the legality of a vehicle stop premised on a driver’s alleged vehicle code violation so the Court does not address the topic.) The Commonwealth first contends that Detective Karnish had probable cause to believe that Ms. Lowe, the driver of the Isuzu, violated Section 3334 of Pennsylvania’s Motor Vehicle Code. That section requires a driver to use a turn signal when “enter[ing] the traffic stream from a parked position.” 75 Pa. C.S. §3334(a), (b). The Court finds that Detective Karnish did observe Ms. Lowe drive the Isuzu into the westbound lane of Allen Street from a parked position without using a turn signal. A question exists as to whether the Isuzu “entered a traffic stream” because there was no evidence that a “stream” of traffic existed when Ms. Lowe pulled from her parking place. This alleged violation is not treated as the justification for the vehicle stop. The Commonwealth next argues that Detective Karnish had reasonable suspicion to believe that Defendant was engaged in illegal drug activity. A police officer can stop a vehicle and effectuate an investigative detention of the vehicle’s occupants when the officer has reasonable suspicion to believe that the occupants are 20 Lehigh 7-17 op Commonwealth vs. Cobb 841 involved in illegal activity. Commonwealth v. Washington, 63 A.3d 797, 802 (Pa. Super. 2013) (citation omitted); Commonwealth v. Cruz, 21 A.3d 1247, 1250 (Pa. Super. 2011). Reasonable suspicion [supporting an investigative detention] exists only where the officer is able to articulate specific observations which, in conjunction with reasonable inferences derived from those observations, led him reasonably to conclude, in light of his experience, that criminal activity was afoot and that the person he stopped was involved in that activity. Therefore, the fundamental inquiry of a reviewing court must be an objective one, namely, whether the facts available to the officer at the moment of intrusion warrant a [person] of reasonable caution in the belief that the action taken was appropriate. Commonwealth v. Goldsborough, 31 A.3d 299, 306 (Pa. Super. 2011) (quoting Commonwealth v. Jones, 874 A.2d 108, 116 (Pa. Super. 2005)). Reasonable suspicion is determined objectively under the totality of the circumstances. Commonwealth v. Stevenson, 894 A.2d 759, 771 (Pa. Super. 2006) (citation omitted). Here, Detective Karnish observed Defendant and Ms. Lowe sitting in a parked Isuzu at night in an area known for drug activity. The detective knew that an unrelated drug arrest had just occurred that night in this area. Karnish saw Defendant and Ms. Lowe repeatedly using cell phones and looking over their shoulders while inside the vehicle throughout the time he had surveillance of them. He observed Ms. Lowe park the Isuzu at two different spots in the same block of Allen Street. When a marked patrol unit drove past, the detective watched Ms. Lowe lean to avoid detection. The detective watched Defendant exit the Isuzu and approach 433 Allen Street, a residence known to be a source of illegal drugs. Defendant interacted with a person on the porch. After this, the detective witnessed Defendant walk quickly back toward the Isuzu. After passing a few houses, Defendant suddenly turned around and returned to the front of 433 Allen Street. Detective Karnish saw Defendant stuff something into his pants as he stood in front of 433 Allen Street. Defendant then quickly walked back to the parked Isuzu and reentered the vehicle. Detective Karnish 21 Lehigh 7-17 op 842 Commonwealth vs. Cobb had often seen people involved in drug selling walk slowly to an exchange point and then quickly from it. Under the totality of the circumstances, these observations gave Detective Karnish reasonable suspicion to believe that Defendant was involved in illegal drug activity. Therefore, the detective was justified in directing patrol units to stop the Isuzu. Following the legal stop of the Isuzu, it was permissible for Detective Karnish to ask Defendant to exit the vehicle. Pennsylvania courts have held that “police may request both drivers and their passengers to alight from a lawfully stopped car [even] without reasonable suspicion that criminal activity is afoot.” Commonwealth v. Rodriguez, 695 A.2d 864, 868-69 (Pa. Super. 1997) (quoting Commonwealth v. Brown, 439 Pa. Superior Ct. 516, 528, 654 A.2d 1096, 1102 (1995) (emphasis added)). Detective Karnish saw suspected marijuana fall to the ground as Defendant exited the Isuzu. The detective observed a second bag of what appeared to be marijuana in plain view in the map pocket of the front passenger door of the Isuzu. Captain Reinik spotted suspected heroin in plain view in the passenger compartment. After making these observations, the police had probable cause to arrest Defendant for illegal drug activity. All of the physical evidence the police found in the Isuzu was obvious contraband and it was in plain view from outside the car. The heroin on Defendant was seized during a search incident to a lawful arrest. See Commonwealth v. Wright, 560 Pa. 34, 41-42, 742 A.2d 661, 665 (1999) (holding that police officers are authorized to search a defendant and any area within the defendant’s immediate vicinity contemporaneously with a lawful arrest). One of the defense arguments was that the patrol units had no justification to stop the Isuzu because Detective Karnish directed them to stop the car without explaining the basis for the stop over the police radio. This claim lacks merit. According to the Superior Court, [p]olice are justified in stopping a vehicle when relying on information transmitted by a valid police bulletin. ... Moreover, even where the officer who performs the stop does not 22 Lehigh 7-17 op Commonwealth vs. Cobb 843 have reasonable suspicion, the stop is nonetheless valid if the radio officer requesting the stop has reasonable suspicion. Commonwealth v. Cruz, supra at 1250 (citations omitted). For these reasons, Defendant’s suppression motion must be denied and all of the evidence obtained by police subsequent to the stop of the Isuzu is admissible at trial. 23 Lehigh 7-17 op LEHIGH LAW JOURNAL ESTATE AND TRUST NOTICES Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. Notice is hereby given that, in the estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below. Carey, Jean M., dec’d. Late of Whitehall Twp. Executrix: Linda S. Foss c/o Amy H. Besser, Esq., 1701 Walnut St., 6th Fl., Philadelphia, PA 19103. Attorneys: Amy H. Besser, Esquire, Peter L. Klenk & Assoc., 1701 Walnut St., 6th Fl., Philadelphia, PA 19103. Carter, Elinor E., dec’d. Late of the City of Allentown. Executrix: Judith H. Smith c/o Andrew V. Schantz, Esquire, 702 Hamilton Street, Suite 300, Allentown, PA 18101. Attorneys: Andrew V. Schantz, Esquire, Davison & McCarthy, 702 Hamilton Street, Suite 300, Allentown, PA 18101. FIRST PUBLICATION Barrick, Eleanor I., dec’d. Late of Coopersburg. Executor: Ernest C. Barrick, 1337 N. Broad St., Apt. 2, Lansdale, PA 19446. Cunningham, Catherine M., dec’d. Late of Allentown. Executrix: Mariellen Pence c/o Andrew C. Traud, Esquire, 3055 College Heights Blvd., Suite 2A, Allentown, PA 18104. Attorneys: Andrew C. Traud, Esquire, Traud Law Offices, 3055 College Heights Blvd., Suite 2A, Allentown, PA 18104. Becker, Vera Meyers a/k/a Vera M. Becker, dec’d. Late of Bethlehem. Executor: L. Ronald Meyers a/k/a Lloyd Ronald Meyers c/o R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101. Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101. Bips, Linda L., dec’d. Late of Allentown. Co-Executrices: Kristina W. Lohre and Jessica L. Pine c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. Eck, Janet F., dec’d. Late of Salisbury Township. Executrix: Roxanne L. Grube c/o John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Attorney: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049. Evans, Janette a/k/a Janette M. Evans, dec’d. Late of Whitehall Township. 24 LEHIGH LAW JOURNAL Executor: Thomas T. Evans, 133 Union Rd., Coatesville, PA 19320. Executrix: Nancy A. Longenbach c/o Karl F. Longenbach, Esquire, 425 West Broad St., P.O. Box 1920, Bethlehem, PA 18016-1920. Attorney: Karl F. Longenbach, Esquire, 425 West Broad St., P.O. Box 1920, Bethlehem, PA 18016-1920, (610) 867-8150. Gaffney, Robert E., dec’d. Late of Lehigh. Executrix: Patricia A. Windas, 416 7th Ave., Belmar, NJ 07719. Kyle, Arthur J. a/k/a Arthur James Kyle, dec’d. Late of Allentown. Executrix: Virginia L. Kyle c/o Noonan & Prokup, 526 Walnut Street, Allentown, PA 181012394. Attorneys: Noonan & Prokup, 526 Walnut Street, Allentown, PA 18101-2394. Geiger, James J. a/k/a James Joseph Geiger a/k/a James Geiger a/k/a Jim Geiger, dec’d. Late of the City of Allentown. Administrator: Jamie A. Legath, 2193 Main Street, Northampton, PA 18067. Attorneys: Martin D. Cohen, Esquire, Cohen & Feeley, 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020. Martin, Lelia K., dec’d. Late of Whitehall. Executor: Gary W. Richards c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. Ibrahim, Joseph N., dec’d. Late of Whitehall Twp. Executor: Elissar J. Ibrahim c/o Kevin M. Buttery, Esq., 509 S. Lenola Rd., Bldg. 7, Moorestown, NJ 08043. Attorneys: Kevin M. Buttery, Esquire, Begley Law Group PC, 509 S. Lenola Rd., Bldg. 7, Moorestown, NJ 08043. Rock, Erwin E., dec’d. Late of Allentown. Executor: Erwin Rock, Jr. Attorneys: Martin J. Karess, Esq., Law Offices of Martin J. Karess, PC, 215 North Ninth St., Allentown, PA 18102. Keener, Diane L., dec’d. Late of the City of Bethlehem. Administrator: Kenneth Donald Keener c/o Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018. Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018. Rothrock, Bruce L., Sr., dec’d. Late of N. Whitehall Twp. Executors: David B. Rothrock, Dean A. Rothrock and Bruce L. Rothrock, Jr. c/o Michael C. McBratnie, Esq., P.O. Box 673, Exton, PA 19341. Attorneys: Michael C. McBratnie, Esquire, Fox Rothschild LLP, P.O. Box 673, Exton, PA 19341. Klaassen, Johanna H., dec’d. Late of the Township of South Whitehall. 25 LEHIGH LAW JOURNAL Rutledge, Richard L. a/k/a Richard Lee Rutledge, dec’d. Late of Bethlehem. Administratrix: Kathleen M. Bock c/o Vaughn A. Terrinoni, Esq., 3976 Township Line Road, Bethlehem, PA 18020. Attorney: Vaughn A. Terrinoni, Esq., 3976 Township Line Road, Bethlehem, PA 18020. SECOND PUBLICATION Bittenbender, George Paul a/k/a George P. Bittenbender, dec’d. Late of 1816 E. Cambridge St., Allentown. Administrator: Matthew W. Bittenbender, 147 Clarkstown Rd., Muncy, PA 17756. Fink, Orrin H., dec’d. Late of 3000 Fellowship Drive, Whitehall Township. Executors: Robert S. Nester and David O. Fink c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102. Speigel, Kellie a/k/a Kellie S. Speigel a/k/a Kellie Sue Speigel, dec’d. Late of 508 Liberty Street, Emmaus. Personal Representative: Joy A. Stinner c/o James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916. Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison Street, Suite 2, Emmaus, PA 18049-2916. Hamm, Marlene S., dec’d. Late of Breinigsville. Administrator: Clark K. Hamm, 458 Wood Lane, Breinigsville, PA 18031. Attorney: James E. Sher, Esquire, 15019 Kutztown Road, Kutztown, PA 19530. Wieand, John E., Sr. a/k/a John E. Wieand, dec’d. Late of 2178 Riverbend Road, Allentown. Executors: Edward J. Wieand and John E. Wieand, Jr. c/o Ronald E. Corkery, Esquire, 352 Fifth Street, Suite A, Whitehall, PA 18052. Attorney: Ronald E. Corkery, Esquire, 352 Fifth Street, Suite A, Whitehall, PA 18052. Willgruber, Lorraine E., dec’d. Late of Allentown. Executrix: Lisa A. BrunnerDevers a/k/a Lisa Brunner Devers c/o Timothy J. Duckworth, Esquire, P.O. Box 20770, Lehigh Valley, PA 18002-0770. Attorneys: Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., P.O. Box 20770, Lehigh Valley, PA 18002-0770. Klement, Helen A. a/k/a Helen Klement, dec’d. Late of 149 S. 6th Street, Coplay. Personal Representative: John F. Klement c/o James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916. Attorneys: James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916. Maurer, Marlyn L. a/k/a Marlyn Maurer, dec’d. Late of Whitehall. Co-Executors: Sandra L. Saylor and Donald W. Maurer c/o Rebecca M. Young, Esq. and Lia 26 LEHIGH LAW JOURNAL K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Attorneys: Timothy J. Duckworth, Jr., Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., P.O. Box 20770, Lehigh Valley, PA 18002-0770. Domyan, Christopher T., dec’d. Late of Allentown. Executor: Mark Domyan c/o Law Offices of Lawrence B. Fox, P.C., 1834 Pennyslvania Avenue, Hanover Township, Allentown, PA 18109. Attorneys: Law Offices of Lawrence B. Fox, P.C., 1834 Pennsylvania Avenue, Hanover Township, Allentown, PA 18109. Noga, Anna T. a/k/a Anna Noga, dec’d. Late of Allentown. Executor: Thomas P. Noga c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062. Dougherty, Betty H., dec’d. Late of Macungie. Executrix: Ann E. Dougherty c/o Robert A. Weinert, Esq., 512 Hamilton St., Suite 405, Allentown, PA 18101. Attorney: Robert A. Weinert, Esq., 512 Hamilton St., Suite 405, Allentown, PA 18101. THIRD PUBLICATION Benner, Barbara Y. a/k/a Barbara Young Benner, dec’d. Late of South Whitehall Township. Executrix: Janet A. Young c/o Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101. Attorneys: Judith A. Harris, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101. Gangwere, Joane V., dec’d. Late of the City of Bethlehem. Executrix: Susan J. McCabe c/o Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020. Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020. Cunningham, Hilda A., dec’d. Late of Allentown. Executor: Roger L. Guth, 4844 Scheidys Road, Coplay, PA 18037. Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080. Heller, Kenneth R. a/k/a Kenneth Heller, dec’d. Late of Breiningsville. Personal Representative: Judith Lee Volanski a/k/a Judith L. Pozzi. Attorney: Kent H. Herman, Esquire, One West Broad Street, Suite 700, Bethlehem, PA 18018. Davies, Celia M., dec’d. Late of Coplay. Executor: Jeffrey J. Davies c/o Timothy J. Duckworth, Jr., Esquire, P.O. Box 20770, Lehigh Valley, PA 18002-0770. 27 LEHIGH LAW JOURNAL Hoppes, Christine E., dec’d. Late of Slatington. Trustee: Donald G. Peters c/o Keith W. Strohl, Esquire, 125 South Walnut Street, Suite 210, Slatington, PA 18080. Attorney: Keith W. Strohl, Esquire, 125 S. Walnut St., Suite 210, Slatington, PA 18080. Steckel, Thomas W. a/k/a Tom Steckel, dec’d. Late of Whitehall Township. Executor: Mark Lewis, 4002 53rd St., Bladensburg, MD 20710. Taylor, Agnes B., dec’d. Late of Lower Macungie. Executor: Albert E. Taylor, III c/o R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101. Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101. Hoppes, Floyd J. a/k/a Floyd J. Hoppes, Sr., dec’d. Late of Slatington. Trustee: Donald G. Peters c/o Keith W. Strohl, Esquire, 125 S. Walnut Street, Suite 210, Slatington, PA 18080. Attorney: Keith W. Strohl, Esquire, 125 S. Walnut St., Suite 210, Slatington, PA 18080. ORPHANS’ COURT DIVISION AUDIT LIST Kovacs, Thelma D., dec’d. Late of South Whitehall Township. Executrix: Joslyn E. Smith c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219. JUDGE J. BRIAN JOHNSON 9:30 A.M.—MARCH 28, 2016 Estates/Trust of: Atty. Exr. & Adm. Accts. Thomas D. MacFadyen; P. Trainor Trust/Gdn. Accts. Atty. Robert Andrejcisik; D. Dougherty Wendy A. W. Parr C. of O.C. Division M-18, 25 Merriman, Jean A. a/k/a Jean Mae Allen a/k/a Jeanmae A. Merriman, dec’d. Late of Allentown. Executor: Leslie A. Knauss, 5222 Elmhurst Dr., Schnecksville, PA 18078. Sandoval, Carmen J., dec’d. Late of 2647 Halleck Drive, Whitehall. Executrix: Elyse M. Sandoval c/o Ronald E. Corkery, Esquire, 352 Fifth Street, Suite A, Whitehall, PA 18052. Attorney: Ronald E. Corkery, Esquire, 352 Fifth Street, Suite A, Whitehall, PA 18052. NOTICE OF INCORPORATION NOTICE IS HEREBY GIVEN that Articles of Incorporation have been (are to be) filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Business Corporation Law of the Commonwealth of Pennsylvania, Act of December 21, 1988 (P.L. 1444, No. 177), by the following corporation: The name of the corporation is: CITY CENTER DEVELOPMENT CORPORATION 28 LEHIGH LAW JOURNAL DENNIS M. McCARTHY, ESQ. DAVISON & McCARTHY, P.C. 702 Hamilton Street Suite 300 Allentown, PA 18101 (610) 435-0450 M-18 Pennsylvania, at Harrisburg, PA, on February 29, 2016 by Hudson Valley Paving, Inc., a foreign corporation formed under the laws of the State of New York where its principal office is located at 1850 Lake Rd., Monroe, NY 10950, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of 1988. M-18 NOTICE NOTICE IS HEREBY GIVEN that a Certificate of Organization has been filed on February 22, 2016 with the Department of State of the Commonwealth of Pennsylvania, pursuant to the provisions of the Pennsylvania Limited Liability Act of 1994 for the following limited liability company: BIAGGIO’S, LLC has filed a Certificate of Organization under the provisions of the Pennsylvania Limited Liability Company Law of 1994. GLADYS E. WILES, Esq. SNYDER & WILES, P.C. 7731 Main Street Fogelsville, PA 18051 (610) 391-9500 M-18 CHANGE OF NAME NOTICE In the Court of Common Pleas of Lehigh County Civil Action—Law NO. 2016-C-0753 NOTICE IS HEREBY GIVEN that on March 1, 2016, the Petition of NATHANIEL HAYES has been filed in the above named Court, praying for a Decree to change the name of minor child from NATHANIEL HAYES to NATHANIEL COVER. The Court has fixed Monday, May 2, 2016 at 9:30 A.M. in Courtroom No. 1A, Lehigh County Courthouse, Allentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted. ALLEN I. TULLAR, ESQ. GROSS McGINLEY, LLP 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 M-18 NOTICE NOTICE IS HEREBY GIVEN that a Certificate of Organization has been filed on February 16, 2016 with the Department of State of the Commonwealth of Pennsylvania, pursuant to the provisions of the Pennsylvania Limited Liability Act of 1994 for the following limited liability company: LAYAL, LLC has filed a Certificate of Organization under the provisions of the Pennsylvania Limited Liability Company Law of 1994. GLADYS E. WILES, Esq. SNYDER & WILES, P.C. 7731 Main Street Fogelsville, PA 18051 (610) 391-9500 M-18 CHANGE OF NAME NOTICE In the Court of Common Pleas of Lehigh County Civil Action—Law NOTICE NO. 2016-C-0751 NOTICE IS HEREBY GIVEN that an application was made to the Dept. of State of the Commonwealth of NOTICE IS HEREBY GIVEN that on March 1, 2016, the Petition of Gregory Wayne Hoyle for a Change of 29 LEHIGH LAW JOURNAL Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Gregory Wayne Hoyle to Caitlin Marie Hoyle. The Court has fixed Monday, May 2, 2016 at 9:30 A.M. in Courtroom No. 1A, Lehigh County Courthouse, Allentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted. M-18 $194,453.57, obtained by JPMorgan Chase Bank, National Association (the mortgagee) against you. NOTICE OF OWNER’S RIGHTS— YOU MAY BE ABLE TO PREVENT THIS SHERIFF’S SALE To prevent this Sheriff’s Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association, the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) Notice of Action in Mortgage Foreclosure In the Court of Common Pleas of Lehigh County, Pennsylvania Civil Action—Law No. 2015-C-0999 JPMorgan Chase Bank, National Association, Plaintiff vs. Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Charlene Smith, Deceased, Defendant(s) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF’S SALE DOES TAKE PLACE NOTICE OF SHERIFF’S SALE OF REAL PROPERTY 5. If the Sheriff’s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 2786800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (610) 782-3175. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount TO: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Charlene Smith, Deceased, Defendant(s), whose last known address is 1026 East Walnut Street, Allentown, PA 18109 Your house (real estate) at 1026 East Walnut Street assessed as 1020 East Walnut Street, Allentown, PA 18109, 641714126856-1, is scheduled to be sold at Sheriff’s Sale on June 24, 2016, at 10:00 A.M., at Lehigh County Courthouse, 455 W. Hamilton St., Allentown, PA 18105, to enforce the court judgment of 30 LEHIGH LAW JOURNAL due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lehigh County Lawyer Referral Service Lehigh County Bar Assn. P.O. Box 1324 Allentown, PA 18105-1324 (610) 433-7094 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher A. DeNardo, EsQ. Kristen D. Little, ESq. Regina Holloway, Esq. SaraH K. McCaffery, esq. Leslie J. Rase, esq. Alison H. Tulio, esq. Katherine M. Wolf, esq. Shapiro & DeNardo, LLC Attys. for Plaintiff 3600 Horizon Dr. Ste. 150 King of Prussia, PA 19406 (610) 278-6800 M-18 JURY TRIAL DEMANDED In the United States District Court for the Eastern District of Pennsylvania Civil Action NO. 15-CV-6225 WM Capital Partners XXXIV, LLC, Plaintiff v. Leslie C. Bartholomew a/k/a Leslie C. Bartholomew, Jr., John T. Ruble and Richard C. Benner, Defendants NATURE OF THE ACTION: BREACH OF GUARANTY OF LEASE AGREEMENTS NOTICE TO: JOHN RUBLE and RICHARD BENNER TAKE NOTICE THAT WM Capital Partners XXXIV, LLC (“WM”) has filed a Complaint in Civil Action for Breach of Guaranty of Lease Agreements in the aforesaid Court as of the above term and number, averring that on November 3, 2008, The Elex Group, Inc. (“Elex”), a New Jersey corporation, executed an Agreement for Leasing with First Lane Entertainment, Inc. (“First Lane”), a Pennsylvania corporation. Defendants executed a Guaranty for all leases and future leases between Elex and First Lane. Elex and First Lane entered into three (3) separate equipment leases. Upon Lessee’s default under these lease Agreements, Elex was entitled to pursue any and all of its rights and remedies against the Defendants under the aforesaid Guaranty. Furthermore, Elex retained the right to assign any rights and powers under the aforesaid Guaranty. With each of the equipment Lease Agreements, Elex executed an Installment Note with NOVA Bank. The Installment Note was secured by a Security Agreement with the lender NOVA Bank. Elex executed Collateral As31 LEHIGH LAW JOURNAL signments with the lender NOVA Bank for each of the subject Leases. On March 28, 2013, WM and the Federal Deposit Insurance Corporation (“FDIC”), as Receiver for NOVA Bank, entered into a Loan Sale Agreement, an Assignment and Assumption of Interest and Obligations Agreements and Bill of Sale confirming that WM purchased all the rights, title and interest of NOVA Bank to purchase two (2) loan pools which included inter alia the above described loans associated with the equipment Leases between Elex and First Lane whereby WM “stepped into the shoes” of NOVA Bank under the loan documents. On or about October 28, 2015, Elex executed an Assignment of Guaranty with the WM. The FDIC, as Receiver for NOVA Bank executed a Bill of Sale confirming that WM purchased all the rights, title and interest of NOVA Bank in the subject loan transactions related to the subject three (3) equipment lease Agreements. As the assignee of Elex, WM is the beneficiary of the Guaranty in which the Defendants jointly, severally and unconditionally guaranteed to Elex the payment and performance of First Lane under equipment leases between Elex and First Lane as Lessee. First Lane as Lessee, violated the terms and conditions of the equipment Lease Agreements for nonpayment of rent. Furthermore, Defendants have breached the Guaranty by failing to assure payment and performance of the Lessee, First Lane under the equipment Lease Agreements. Pursuant to the Guaranty, Plaintiff, WM, as Assignee of Elex may pursue its rights and remedies under the Guaranty and shall be entitled to payment and to enforce all of its other rights against Lessee under the subject equipment Lease Agreements and related documents against the Defendants, as more particularly described in the said Complaint indefeasible as against all rights and claims whatsoever, and you are hereby notified to file an Answer within twenty (20) days following the date of this publication, in default of which an Order may be entered as prayed for against you, requiring you to take such actions as may be ordered by the Court within thirty (30) days after the entry of such Order in default of which final judgment shall be entered. IF YOU WISH TO DEFEND against the claims set forth in Plaintiff’s Complaint or wish to assert any claims in connection with the Complaint, you must take action within twenty (20) days after publication of this Notice by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any other claim or relief requested by the Plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lehigh County Bar Association Lawyer referral service P.O. Box 1324 Allentown, PA 18105-1324 Phone: (610) 433-7094 Timothy T. Stevens, Esq. Pa. ID #60247 Davison & McCarthy, P.C. Attorneys for Plaintiff 702 Hamilton Street Suite 300 Allentown, PA 18101 (610) 435-0450 M-18 32 LEHIGH LAW JOURNAL Skeptics say she will never start her own company. A lawyer says she will. She is denied her loan. A lawyer helps her get one. She can’t get a lease for office space. A lawyer sees to it that she does. She needs a business plan. A lawyer helps her draft one. Skeptics said she would never start her own company. A lawyer helped her prove them wrong. You have rights. Lawyers protect them. Pennsylvania Bar Association Bar Association of Lehigh County 33 LEHIGH LAW JOURNAL 34 LEHIGH LAW JOURNAL 35 D E L I TO: V E R PERIODICAL PUBLICATION * Dated Material. Do Not Delay. Please Deliver Before Monday, March 21, 2016