CONTENTS - Northampton County Bar Association

Transcription

(USPS 395-280)
VOL. LIV
EASTON, PA November 24, 2005
NO. 47
Gary L. Pechota and Julie A. Pechota, Plaintiffs v.
Technicolor Properties, LLC, Defendant
CONTENTS
Associate ................................................. 9
Bar News ................................................. 3
Estate Notices ......................................... 4
Legal Notices ........................................... 8
Legal Secretary ........................................ 9
Limited Liability Company Notice .............. 7
Notice of Certification of
Limited Partnership ............................. 7
Notice of Nonprofit Incorporation .............. 7
Office Space ............................................ 9
Sheriff’s Sales ......................................... 9
Township Solicitor .................................. 32
INSERT: Blue: 1. “Employment Related Aspects of Proprietary Information and
Competitive Advantage”
2. “Introduction to the Practice of Law”
3. “Beyond Probate: How to Handle Assets that Don’t Pass through a Will”
4. 2005-2006 Calendar of Events
NOTICE TO THE BAR ...
As a result of the Christmas holiday, Court will close at 12:00 noon on Friday,
December 23, 2005.
Miscellaneous hearings that would normally be scheduled for December 23rd
have been rescheduled for Thursday, December 22, 2005 at 9:00 a.m.
Any questions should be referred to the Office of Court Administration at (610)
559-6700.
PBI Seminar “2nd Annual Mental Health and Aging” scheduled on
November 29 @ NCBA has been CANCELED due to low registration.
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.
1
NORTHAMPTON COUNTY BAR ASSOCIATION
2005 BAR ASSOCIATION OFFICERS
Karl F. Longenbach ........................................... President
Richard P. Kovacs ..................................... President-elect
Joel H. Ziev ............................................... Vice President
Michael C. Deschler .......................................... Treasurer
Joseph A. Corpora, III ....................................... Secretary
Alan B. McFall .......................................... Past President
BOARD OF GOVERNORS
ZONE II DELEGATES
Victor E. Scomillio
Joel M. Scheer
Christopher M. Shipman
Michael P. Shay
Paula Ann Roscioli
Nicholas Noel, III
Linda Shay Gardner
Barbara L. Hollenbach
Kerry S. Freidl
Alan B. McFall
Daniel M. O’Donnell
Ronald W. Shipman
Jacqueline M. Taschner
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—$55.00 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
2
NOTICES TO NCBA MEMBERS—BAR NEWS
INCLUDED IN THIS ISSUE:
•
Lunch Lecture: “Employment Related Aspects of Proprietary
Information and Competitive Advantage”
•
Lunch Lecture: “Beyond Probate: How to Handle Assets that
Don’t Pass through a Will”
•
“Introduction to the Practice of Law” Program for newly
admitted attorneys at the Government Center.
•
NCBA Calendar of Events, PBI Seminars and Committee
Meeting schedule
—
Please note the PBI Seminar “2nd Annual Mental
Health and Aging” scheduled on November 29 @
NCBA has been CANCELED due to low registration.
MARK YOUR CALENDAR:
•
Ceremonial Admissions to the Bar—Friday, December 2,
2005 beginning at 1:15 p.m.
•
Barristers’ Ball—Saturday, December 3, 2005, Northampton
Country Club
•
Annual Association Meeting—January 12, 2006, 5:30 p.m.,
Holiday Inn, Bethlehem
“The principle mark of genius is not perfection but originality, the opening
of new frontiers.” — Arthur Koestler
3
Vol. 54 No. 47
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
BENTHAM, MARGUERITE
MARY a/k/a MARGUERITE
M. BENTHAM, dec’d.
Late of the City of Easton,
Northampton County, PA
Co-Executors: Elwood A.
Bentham, Jr. and Richard B.
Bentham c/o Raymond J. DeRaymond, Esquire, 717 Washington Street, Easton, PA
18042-4386
Attorney: Raymond J. DeRaymond, Esquire, 717 Washington Street, Easton, PA 180424386
BRYFOGLE, SHIRLEY R., dec’d.
Co-Executors: Roy R. Bryfogle, 2 Robin Road, Easton,
PA 18045 and Kenneth L.
Bryfogle, 3301 Audubon
Street, Easton, PA 18045
Attorney: Gene F. Roscioli,
Esquire, 830 Lehigh Street,
Easton, PA 18042
CARVALHO, VICTORIA, dec’d.
Late of the City of Bethlehem,
Executrix: Maria Rola c/o
Nicholas E. Englesson, Es-
11/24/2005
quire, 114 E. Broad Street,
Bethlehem, PA 18016-1917
Attorney: Nicholas E. Englesson, Esquire, 114 E. Broad
Street, Bethlehem, PA 180161917
DIETZ, ELEANOR A. a/k/a
ELEANOR ANNA DIETZ
a/k/a ELEANOR DIETZ,
dec’d.
Executrix: Patricia L. Velekei,
1467 Jill Street, Bethlehem,
PA 18017
Attorney: James J. Holzinger,
Esquire, 1216 Linden Street,
P.O. Box 1409, Bethlehem, PA
18016
FRAZIER, MABEL K., dec’d.
Late of Bangor, Northampton
County, PA
Executrix: Vicki Knecht, 941
W. George St., Pen Argyl, PA
18072
KENDZEJESKI, LINDA P.,
dec’d.
Late of the Township of Lehigh, Northampton County,
PA
Administratrix: Aimee M.
Green a/k/a Amy M. Christman a/k/a Aimee M. Christman c/o Raymond C. Majczan,
Esquire, 612 Main Street,
Hellertown, PA 18055-1726
Attorney: Raymond C. Majczan, Esquire, 612 Main Street,
LEMECHA, HELENA, dec’d.
Executor: Myron Lemecha, 5
1/2 West Lane, Dearborn, MI
48124
4
Vol. 54 No. 47
SPANOS, ESTHER a/k/a
ESTHER G. SPANOS, dec’d.
Executrix: Anne L. Spanos
c/o Nicholas E. Englesson,
Esquire, 114 E. Broad Street,
Bethlehem, PA 18016-1917
Attorney: Nicholas E. Englesson, Esquire, 114 E. Broad
TOPPING, MARY C., dec’d.
Co-Executors: R. Michael Topping and Karl H. Butz c/o
Raymond J. DeRaymond, Esquire, 717 Washington Street,
Easton, PA 18042-4386
Attorney: Raymond J. DeRaymond, Esquire, 717 Washington Street, Easton, PA 180424386
VOLKERT, JOSEPHINE M.,
dec’d.
Late of the Borough of Bangor,
Executrix: Florence M. Doyle
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 180130019
ZSIDO, FRANCES R., dec’d.
Late of the Township of Hanover, Northampton County, PA
Executor: Louis F. Zsido, Jr.
c/o Harry Newman, Esquire,
915 West Broad Street, Bethlehem, PA 18018
Attorney: Harry Newman, Esquire, 915 West Broad Street,
Bethlehem, PA 18018
11/24/2005
SECOND PUBLICATION
BRION, DALTON F., dec’d.
Executrix: Mary Louise Brion
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. 170, Bethlehem, PA
18018-5738
GRAVER, ROBERT W., SR.,
dec’d.
Late of Bath Township, Northampton County, PA
Executor: Robert W. Graver,
Jr. c/o Jon A. Swartz, Esquire,
Wallitsch, Iacobelli, Aach &
Swartz, L.L.P., Roma Corporate Center, Suite 516, 1605
North Cedar Crest Boulevard,
Allentown, PA 18104
Attorneys: Jon A. Swartz, Esquire, Wallitsch, Iacobelli,
Aach & Swartz, L.L.P., Roma
Corporate Center, Suite 516,
1605 North Cedar Crest Boulevard, Allentown, PA 18104
LEOPOLD, WILLIAM C. a/k/a
REV. WILLIAM C. LEOPOLD,
dec’d.
Late of the Township of Moore,
Executrix: Virginia B. Leopold
c/o Alfred S. Pierce, Esquire,
I.D. No. 21445, 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
5
Vol. 54 No. 47
MILLER, BRADLEY C., dec’d.
Late of the Borough of Bangor,
Executor: Ryan A. Miller 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
REPSCHER, DOROTHY F.,
dec’d.
Late of 400 Hemlock Lane,
Nazareth, Northampton County, PA
Executrix: Denise F. Lipsky
c/o Kirby G. Upright, Esquire,
King Spry Herman Freund &
Faul, LLC, One West Broad
Street, Suite 700, Bethlehem,
PA 18018
Attorneys: Kirby G. Upright,
Esquire, King Spry Herman
Freund & Faul, LLC, One West
Broad Street, Suite 700,
Bethlehem, PA 18018
RUGGIERO, WILLIAM, SR.,
dec’d.
Late of the Borough of Roseto,
Co-Administrators: William
Ruggiero, Jr. and Ann Jeanette
Peiffer c/o David J. Ceraul,
Box 19, Bangor, PA 180130019
Attorney: David J. Ceraul,
Box 19, Bangor, PA 180130019
SHOEMAKER, ROMA J. a/k/a
ROMA SHOEMAKER, dec’d.
Late of Walnutport, Northampton County, PA
Co-Executors: Jay R. Shoemaker, 1930 Deer Lane, Le-
11/24/2005
highton, PA 18235 and Brenda
J. Hallquist, 538 Marsh Road,
Pittsford, NY 14534
Attorneys: Charles A. Waters,
Esquire, Steckel and Stopp,
125 S. Walnut Street, Suite
210, Slatington, PA 18080
TODARO, LIBORIO, dec’d.
Late of the Township of Palmer, Northampton County, PA
Co-Executors: William Keifer,
Jr. and Joanne Keifer c/o Herbert G. Litvin, Esquire, 151 S.
7th Street, Easton, PA 18042
Attorney: Herbert G. Litvin,
Esquire, 151 S. 7th Street,
Easton, PA 18042
WHITE, WILLIAM J., dec’d.
Late of the Township of Forks,
Executrix: Lucretia S. White
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
THIRD PUBLICATION
CALANTONI, PLACIDO G.,
dec’d.
Late of the Township of Northampton, Northampton County, PA
Executrix: Petrina Calantoni
c/o James H. Lutz, Esquire,
300 W. State Street, Suite 100,
Media, PA 19063
Attorney: James H. Lutz, Esquire, 300 W. State Street,
Suite 100, Media, PA 19063
FERNANDEZ, ANTONIO M.
a/k/a ANTONIO FERNANDEZ, dec’d.
Late of Bethlehem, Northampton County, PA
Executrix: Dolores Fernandez
c/o Thomas J. Fischer, Es6
Vol. 54 No. 47
11/24/2005
4, 2005, for the purpose of obtaining a charter of a nonprofit corporation organized under the Nonprofit
Corporation Law of 1988 of the Commonwealth of Pennsylvania. The
name of the corporation is:
HIGHLANDS OF GLENMOOR
CONDOMINIUM ASSOCIATION
The purposes for which it was
organized are as follows: organized
as an association to perform the
management functions provided for
by Section 3301 to 3320 of the
Pennsylvania Uniform Condominium Act for the operation of the
age-restricted residential living units
at the Highlands of Glenmoor Condominium.
Nov. 24
quire, 1021 West Broad Street,
Bethlehem, PA 18018
Attorney: Thomas J. Fischer,
Esquire, 1021 West Broad
FRANTZ, EARL G. a/k/a EARL
FRANTZ, dec’d.
Late of Upper Nazareth Township, Northampton County,
PA
Executrix: Desra A. Fluck c/o
Bradford D. Wagner, Esquire,
662 Main Street, Hellertown,
PA 18055-1726
Attorney: Bradford D. Wagner,
Esquire, 662 Main Street,
GRANDINETTI, ANGELINA,
dec’d.
Late of the Township of Palmer, Northampton County, PA
Administratrix C.T.A.: Rose
M. Grandinetti, 1149 Merion
Avenue, Easton, PA 18045
Attorney: Samuel P. Murray,
Esquire, 720 Washington
Street, Easton, PA 18042
UNGER, FRANCIS A. a/k/a
FRANCIS UNGER a/k/a
FRANK UNGER, dec’d.
Executor: Francis T. Unger
c/o Richard J. Jacobs, Esquire, 1772 Arden Lane, Bethlehem, PA 18015
Attorney: Richard J. Jacobs,
Esquire, 1772 Arden Lane,
Bethlehem, PA 18015
LIMITED LIABILITY COMPANY
NOTICE
NOTICE IS HEREBY GIVEN that
on October 13, 2005 a Certificate
of Organization was filed with the
Department of State, Corporation
Bureau of the Commonwealth of
Pennsylvania, at Harrisburg, Pennsylvania, for a proposed business
to be organized under 15 Pa. C.S.A.
8913, as amended.
The name of the limited liability
company is:
RPN ENTERPRISES, L.L.C.
Alyssa Lopiano-Reilly, Esquire
Zito, Martino and Karasek, L.L.P.
641 Market Street
Bangor, PA 18013
Nov. 24
NOTICE OF CERTIFICATION OF
LIMITED PARTNERSHIP
on October 13, 2005, Certification
of Limited Partnership was filed
with the Department of State, Corporation Bureau of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, for the purpose
of obtaining a Certificate of Orga-
NOTICE OF NONPROFIT
INCORPORATION
Articles of Incorporation have been
filed with the Department of State
of the Commonwealth of Pennsylvania, at Harrisburg, PA, on August
7
Vol. 54 No. 47
11/24/2005
further notice for the relief requested by the plaintiff. You may
lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS 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.
Northampton County
Bar Association
Lawyer Referral Service
155 South 9th Street
Easton, PA 18042
(610) 258-6333
LAW OFFICES OF
EUGENE D. SPERAZZA
525 Wyoming Avenue
Kingston, PA 18704
(570) 714-8121
Nov. 24
nization of Limited Partnership for
a proposed business—to be organized under the provisions of 15
Pa.C.S. 8511.
The name of the limited partnership is:
SEVENTH HAVEN, L.P.
Alyssa Lopiano-Reilly, Esquire
Zito, Martino and Karasek, L.L.P.
641 Market Street
Bangor, PA 18013
Nov. 24
IN THE COURT OF
COMMON PLEAS
COMMONWEALTH OF
PENNSYLVANIA
LUZERNE COUNTY
SAMY ABDELMALEK and
NEAMA ABDELMALEK,
Plaintiffs
vs.
JOHN W. NEWHARD and
JEFFREY STOVER,
Defendants
No. 8130 Term, 2005
ACTION IN CIVIL LAW
TO THE ABOVE-NAMED DEFENDANT, JEFFREY STOVER:
PLEASE TAKE NOTICE that on November 3, 2005, an Order of Publication signed by Judge Chester
Muroski, was filed ordering that
service by publication be made on
Defendant, Jeffrey Stover.
NOTICE IS HEREBY GIVEN to
Jeffrey Stover that on July 22,
2005, Samy Abdelmalek and Neama
Abdelmalek commenced an action
against you to No. 8130 of 2005,
which you are required to defend in
Luzerne County, Pennsylvania.
NOTICE
If you wish to defend, you must
enter a written appearance personally or by attorney and file your defenses or objections in writing with
the court. You are warned that if
you fail to do so, the case may proceed without you and a judgment
may be entered against you without
NOTICE
the Township of Allen has filed a
Petition with the Orphans’ Court
Division of the Court of Common
Pleas, Northampton County, Pennsylvania requesting that Allen Township be permitted to sell the parcel
known as “Seemsville Park,” Parcel
ID# K4-22-3-05-1E, and use the
proceeds of the sale to carry out
the original public purpose. Any resident of the township shall have the
rights set forth in the Pennsylvania
Statutes at Title 53 P.S. Section
3385. A hearing shall be held in the
Court of Common Pleas, Northampton County Government Center, 669
8
Vol. 54 No. 47
Washington Street, Easton, PA
18042 on December 16, 2005 at
9:00 a.m. in Courtroom 1.
B. LINCOLN TREADWELL, JR.,
ESQUIRE
Attorney for Allen Township
732 Washington Street
Easton, PA 18042
Nov. 24; Dec. 1, 8
11/24/2005
SHERIFF’S SALE OF
VALUABLE REAL ESTATE
The following real estate will be
sold by the Sheriff of Northampton
County, Pennsylvania, on December 9, 2005 at ten o’clock a.m. in
the COUNCIL CHAMBERS, FOURTH
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-2005-003358
ALL THAT CERTAIN messuage
or tenement and lot or parcel of land
situate along the easterly side of
Main Street, North of Walnut Street,
and known as No. 129 Main Street,
Hellertown, Northampton, County,
Pa., and shown on “Plan of Land of
John J. & Virginia Skraban, Nos.
127 & 129 Main Street, Hellertown,
Northampton County, Pa., Scale:
1"=20", June 22, 1983; bounded
and described according to survey
thereof made by Leonard M. Fraiviling Company, Engineers,
Bethlehem, Pa., as follows, to wit:
BEGINNING at a point on the
easterly side of Main Street in line
of the party wall between the
hereindescribed No. 129 and No.
127 Main Street, said point being
distant two hundred and six (206')
feet, more or less, measured northwardly along the said easterly side
of Main Street from the northerly
side of Walnut Street; thence extending North twenty-four degrees,
zero minutes East (N. 24 degrees
00 Min E.) along the said westerly
ASSOCIATE POSITION
Minimum of 3-4 yrs. experience
preferred. Easton general practice
with emphasis on Civil Litigation and
Municipal Law. Salary commensurate with experience. Please send
resumes to Charles Bruno, Esquire,
203 South Seventh Street, Easton,
PA 18042.
Nov. 3, 10, 17, 24
LEGAL SECRETARY
Post & Schell, P.C. has an immediate opening in its Allentown Office for a legal secretary with 2 to 4
years of experience in general litigation or Workers’ Compensation.
Excellent salary and benefits package. Please e-mail your resume and
cover letter to:
[email protected]
or by mail to 1245 S. Cedar Crest
Boulevard, Suite 300,
Allentown, PA 18103 or by
Fax to (610) 433-3972.
Nov. 10, 17, 24
OFFICE SPACE
Office space for two attorneys on
N. Third St. in renovated three-story
building with high visibility in
Easton’s Historic District. Private
offices with full use of conference
room/library, multi-line telecommunications system, with voice mail
wireless and secure DSL service for
Internet and WESTLAW, all office
equipment and copier, shared receptionist/secretary. Private parking. Collegial and pleasant atmosphere. Flexible terms Call Elliott &
Elliott at (610) 252-4338.
Nov. 17, 24; Dec. 1
9
Vol. 54 No. 47
side of Main Street, a distance of
thirty-four and ninety-two one-hundredths (34.92') feet to an iron pin
in the line of other lands of John J.
Skraban and known as No. 139
Main Street; thence extending South
seventy-six degrees, eleven minutes
East (S. 76 degrees 11 minutes E.)
along land of said John J. Skraban,
No. 139 Main Street, a distance of
one hundred eighty-five and seventysix one-hundredths (185.76') feet to
an iron pin on the westerly side of
Roth Alley; thence extending south
ten degrees, fifty-two minutes,
thirty seconds West (S. 10 degrees
52 minutes 30 seconds W.) along
the said westerly side of Roth Alley
a distance of thirty-two and fifty onehundredths (32.50') feet to an iron
spike in line of the aforementioned
No. 127 Main Street, thence extending through and across Nos. 127129 Main Street, land of John J. &
Virginia Skraban, the grantors
hereof of which this conveyance is
a part, the two following courses and
distances, to wit: (1) North seventyeight degrees, twenty-eight minutes,
thirty seconds West (N. 78 degrees
28 minutes 30 seconds W.) a distance of one hundred fifty-eight and
seventy-five one-hundredths
(158.75') feet to a point on the rear
wall of Nos. 127-129 Main Street in
line of the party wall; and (2) North
sixty-eight degrees, fifty-eight minutes West (N. 68 degrees 58 minutes W.) in and along the party wall
between said No. 127 and the
hereindescribed No. 129 Main Street
a distance of thirty-five and twentyeight one-hundredths (35.28') feet
to the point on the easterly side of
Main Street, the point and place of
beginning.
CONTAINING: 6791.6 square
feet, strict measure.
11/24/2005
RESERVING unto the grantors
herein a strip along the westerly
boundary of said parcel, Roth Alley
for parking, said strip to be thirtytwo and fifty one-hundredths
(32.50') feet wide and fifty (50.00')
feet in depth extending eastwardly
from the western boundary (Roth
Alley). Said reservation shall terminate and be extinguished automatically upon the death of John Joseph Skraban.
ASSESSMENT MAP, BLOCK AND
LOT NUMBER: Q7SW3D-3-14A.
Commonly known as: 129 Main
Street, Hellertown, Pa 18055.
Title is vested in: Warren G.
Rowe, Jr. and Suzanne V. Rowe,
by Deed from John J. Shraban, Jr.
and Janice Shraban, dated 08/19/
1999, recorded 08/31/1999, Book
1999-1, Page 133962.
THEREON BEING ERECTED a
two story one-half of a double brick
dwelling with shingle roof.
SEIZED AND TAKEN into execution of the writ as the property of
Warren G. Rowe, Jr. and Suzanne
V. Rowe.
DANIEL G. SCHMIEG, ESQUIRE
No. 3
WRIT OF EXECUTION
CV-2005-004038
ALL that certain tract or piece of
land situate in the Township of
Forks, County of Northampton and
State of Pennsylvania bounded and
described in accordance with a subdivision map prepared by Robert L.
Collura, dated April 22, 1981, and
recorded in the Office of the Northampton County Recorder of Deeds
of Easton, Pennsylvania in Book 68,
Page 9 on March 26, 1982.
BEGINNING at an iron pin in the
easterly edge of U.S. Route 611,
10
Vol. 54 No. 47
11/24/2005
No. 5
WRIT OF EXECUTION
1999-C-04865
ALL THAT CERTAIN lot, parcel
or tract of land situate along the
Westerly side of Cottonwood Road
(T-474) in the Township of Lehigh,
County of Northampton, Commonwealth of Pennsylvania as shown on
the Subdivision Plan for Francis J.
and Ida S. Silfies, recorded in the
Office of the Recorder of Deeds in
and for the County of Northampton
in Map Book 49, page 21, bounded
and described as follows, to wit:
BEGINNING at a point located
along the Westerly right-of-way line
of Cottonwood Road (T-474, 25' from
center) said point also being located
along lands now or late of Randall
G. and Dianne M. Binder; thence
along lands now or late of Randall
G. and Dianne M. Binder, South 73°43'-00" West 208.69' to a point;
thence along lands now or late
Harold A. and Margaret Silfies,
North 3l °-15'-00" West 190.00' to a
point; thence in and through lands
now or late Francis J. and Ida S.
Silfies, North 64°-22'-00" East
224.51' to a point; thence along the
Westerly right-of-way line of said
Cottonwood Road, South 25°-38' 00"
East 223.00' to a point, the place of
beginning.
CONTAINING 1.0143 acres.
TITLE TO SAID PREMISES IS
VESTED IN Leon L. Haydt and Mary
Ann Haydt, his wife by Deed from
Francis J. Silfies, Jr. and Ida S.
Silfies, his wife dated 8/3/1987
and recorded 8/4/1987 in Volume
731 page 458.
LOT NUMBER: J4-2-1B.
said pin being a point in line of land
of Kenneth Garr; thence along the
easterly edge of said U.S. Route 611
North 40 degrees 32 minutes 00
seconds East 46.85 feet to an iron
pin; thence along land of Marie
Young, of which this tract was a
part, South 37 degrees 56 minutes
55 seconds East, passing an iron
pin at 100.15 feet, a distance of
126.70 feet to a point in the Delaware River; thence in and along said
Delaware River South 39 degrees
48 minutes 11 seconds West 31.28
feet to a point; thence along land of
the aforementioned Kenneth Garr
North 45 degrees 00 minutes 00
seconds West, passing an iron pin
at 18.25 feet, a distance of 124.93
feet to the place of Beginning. Containing 4854 square feet, and being
Lot No. 1 on the aforesaid subdivision map.
RECORD OWNER
VESTED IN Bradfored Scott
Maynard and Audra M. Maynard,
husband and wife, by Deed from
Bradford Scott Maynard, Also known
as Bradford S. Maynard, single,
dated 11-17-98, and recorded 0113-99 in Deed Book 1999-1, page
5297
LOT NUMBER: J10NW4-6-1A.
BEING KNOWN AS 4325 North
Delaware Drive, Easton, Pennsylvania.
ranch style dwelling with wood panel
exterior and shingle roof.
Bradford Scott Maynard a/k/a
Bradford S. Maynard and Audra M.
Maynard a/k/a Audra M. Temple.
11
Vol. 54 No. 47
11/24/2005
BOUNDED on the South by
Berwick Street, on the East by land
now or previously of Anne E.
Merwarth, on the North by a twenty
feet wide Alley and on the West by
Filbert Street.
HAVING THEREON ERECTED A
DWELLING KNOWN AS 347 WEST
BERWICK STREET EASTON,
PENNSYLVANIA 18042.
PARCEL: L9SE3D-21-15.
BEING THE SAME PREMISES
WHICH Anthony Losagio, Jr. and
Merri Losagio by deed dated 8/24/
01 and recorded in Deed Book 20011, Page 172702, granted and conveyed unto Ronald W. Rice, Jr. and
Nancy J. Rice.
dwelling with shingle roof.
Nancy J. Rice and Ronald W. Rice,
Jr.
LEON P. HALLER, ESQUIRE
BEING KNOWN AS 687 South
Cottonwood Road, Walnutport,
Pennsylvania.
ranch style dwelling with aluminum
siding exterior and shingle roof.
Leon L. Haydt and Mary Ann Haydt.
No. 7
WRIT OF EXECUTION
CV-2005-002788
ALL THAT CERTAIN lot or piece
of land situated on the North side
of Berwick Street between Davis
Street and Seitz Avenue on the
Northeast corner of Berwick Street
and what is commonly called Filbert
Street in the City of Easton, County
and State aforesaid. Containing in
front on said Berwick Street nineteen (19) feet and extending of that
same width in a northwardly direction one hundred twenty-five (125)
feet to a twenty feet wide alley,
bounded and described as follows:
BEGINNING at the building line of
the Northeast corner at the intersection of Berwick and Filbert
Streets, thence Eastwardly along the
North side of Berwick Street nineteen (19) feet to land now or previously of Anne E. Merwarth, thence
Northwardly along the said land of
Anne E. Merwarth through the center of a brick wall dividing a double
brick dwelling house, one hundred
twenty-five (125) feet to a twenty
feet wide alley, thence Westwardly
along the South side of said alley
nineteen (19) feet to Filbert Street,
thence Southwardly along the East
side of said Filbert Street one hundred twenty-five (125) feet to
Berwick Street, the place of beginning.
No. 8
WRIT OF EXECUTION
CV-2004-006187
ALL THOSE CERTAIN lots, tracts
or parcels of land situate in the
Township of Washington, Northampton County, Pennsylvania, bounded
and described as follows:
TRACT NO. 1:
BEGINNING at a stone in the
road leading from Martins Creek to
Ackermanville; thence along said
road South twenty-five degrees and
one-quarter East fourteen and twotenths perches to a stone in said
road, corner of the school house lot;
thence by said school house lot,
eighty-six and three-quarter degrees
West thirteen perches to a stone;
thence by land of Michael Hinkle,
North forty degrees West eleven and
12
Vol. 54 No. 47
11/24/2005
Jeffrey H. Grau and Geraldine P.
Bruce.
five-tenths perches to a point in line
of land now conveyed by Mrs. Martin Gruver; thence by land of said
Mrs. martin Gruver, North seventytwo degrees East fifteen and twotenths perches to a stone in the
road, the place of BEGINNING.
CONTAINING one acre and two
perches.
TRACT NO. 2:
BEGINNING at a point in the
public road leading from Ackermanville to Martins Creek, thence by land
of William Brittain South eighty-six
degrees West thirteen and fourtenths perches to a stone corner,
thence by land of John Farrow,
South thirteen and three-quarter
degrees East two and eight-tenth
perches to a post, North eighty-six
degrees East sixteen perches and
one-half to a point in aforesaid road,
thence through the middle of said
road North fifty-seven and one-half
degrees West four and six-tenth
perches to the place of BEGINNING.
CONTAINING forty-one and
three-quarter perches, strict measure.
THE dwelling erected thereon
known as 2469 Ackermanville Road,
Washington Township, Northampton
County, Pennsylvania.
VESTED IN Jeffrey H. Grau, unmarried and Geraldine P. Bruce,
unmarried, as joint tenants with the
right of survivorship by Deed from
Federal Home loan Mortgage Corporation dated 4/8/1999 and
recorded 4/12/1999 in Volume
1999/1 Page 049934.
LOT NUMBER: G9-9-3.
ranch style dwelling w/attached
one-car garage, wood exterior and
slate roof.
No. 9
WRIT OF EXECUTION
CV-2003-007098
ALL THAT CERTAIN parcel of
land situate along the southerly side
of Easton Avenue (L.R. 159), and to
the west of Farmersville Road in the
Township of Bethlehem, County of
Northampton and Commonwealth of
Pennsylvania, bounded and described as follows, to wit:
westerly property line now or late
of Clyde R. Williams (Trans Mix) and
forty and zero one-hundredths
(40.00') feet in a southerly direction
from the centerline of Easton Avenue, said point being approximately
five hundred seventy-seven (577')
feet west of the centerline of
Farmerville Road on the south rightof-way line of Easton Avenue, thence
South one degree zero minutes West
(S. 1°-00' W.) a distance of four hundred forty one and seven one-hundredths (441.07') feet to a point;
thence South eighty-two degrees
twenty-five minutes East (S. 82°-25'
E.) a distance of four hundred fortynine and twenty-two one-hundredths (449.22') feet to a point;
thence South twelve degrees seven
minutes ten seconds West (S. 12°07' – 10" W.) a distance of five hundred sixteen and sixty-nine onehundredths (516.69') feet to a point,
thence South one degree two minutes seven seconds West (S. 1°-02'
07" W.) a distance of one hundred
thirty-three and zero one-hundredths (133.00") feet to a point;
thence North eighty seven degrees
eleven minutes fifty-five seconds
West (N. 87°-11' - 55' W.) a distance
13
Vol. 54 No. 47
of one thousand one hundred
eighty-one and ninety three onehundredths (1183.93') feet to a
point; thence North nine degrees
fifteen minutes West (N. 9°-15' W.)
a distance of six hundred ninety and
thirty one-hundredths (690.30') feet
to a point; thence North eighty-eight
degrees four minutes East (N. 88°04' E.) a distance of three hundred
forty eight and twenty-five one-hundredths (348.25') feet to a point;
thence North two degrees fifty-eight
minutes West (N. 2°-58' W.) a distance of three hundred eighty four
and zero one-hundredths (348.00)
feet to a point; thence North eightynine degrees eleven minutes
twenty-five seconds East (N. 89°11' - 25" E.) a distance of six hundred thirty-six and seventy-one onehundredths (637.71') feet to a point,
the place of beginning. All points
marked by iron pins. Containing
25.940 acres.
Northampton County Tax Parcel
number: M7SE2-3-33A-1.
BEING KNOWN AS 3245
Farmersville Road, Bethlehem,
Pennsylvania.
SEIZED AND TAKEN into execution of the writ as the property of K
and E Corporation.
DAWN N. SCHMIDT, ESQUIRE
11/24/2005
extending of that width in depth one
hundred feet, and being known as
Lot Nos. 51, the easternmost five
feet of Lot No. 52, and the westernmost fifteen feet of Lot No. 50, on
the Map or Plan of Easton Terrace,
dated June, 1911, and recorded in
the Office for the Recording of Deeds
in and for Northampton County in
Map Book 4, Page 12.
PROPERTY BEING: 2479 LINCOLN AVENUE.
IT BEING THE SAME PREMISES
which Katherine McCarthy, Widow,
by Deed dated November 12, 1965
and recorded in the Office for the
Recording of Deeds, in and for
Easton, Northampton County, Pennsylvania, in Deed Book Volume 257,
Page 178, did grant and convey unto
Angelo Sebio and Mary Sebio, his
wife, in fee.
LOT NUMBER: M9NW1C-7-16.
Angela Siegfried a/k/a Angela Marie
Siegfried a/k/a Angela Derkits and
Brandon Siegfried a/k/a Brandon
M. Siegfried a/k/a Brandon Michael
Siegfried.
No. 12
WRIT OF EXECUTION
CV-2005-004639
ALL THAT CERTAIN tract or parcel of land situate in the Borough of
Wilson, County of Northampton and
State of Pennsylvania, with the improvements thereon erected known
and designated as No. 2479 Lincoln
Avenue, bounded and described as
follows:
CONTAINING on the North side
of Lincoln Avenue fifty feet and
No. 13
WRIT OF EXECUTION
CV-2005-000822
ALL THAT CERTAIN frame dwelling house and lot or piece of ground,
Hereditaments and Appurtenances,
situate on the East side of Main
Street, in the Fourth Ward of the
Borough of Northampton, County of
Northampton and State of Pennsylvania and known as No. 1459 Main
14
Vol. 54 No. 47
11/24/2005
No. 15
WRIT OF EXECUTION
CV-2004-006724
TRACT NO. 1
ALL THAT CERTAIN messuage,
tenement or piece of ground with
the improvements thereon erected
situate in the Village of Cherryville,
Township of Lehigh, County of
Northampton and State of Pennsylvania, containing in front on the road
leading from Cherryville to Treichlers Station sixty (60) feet and extending in depth one hundred and
fifty-five (155) feet, more or less.
BOUNDED on the North by lands
late of Benjamin Hall, on the East
by the aforesaid public road; on the
South by lands now or late of Thomas Royer and on the West by lands
now or late of B. Harrison Tolan.
TRACT NO. 2
ALL THAT CERTAIN tract or
piece of land with the improvements
thereon erected situate in the Village of Cherryville, Township of
Lehigh, County of Northampton and
State of Pennsylvania, and being
immediately in the rear of their presently owned property, bounded and
described as follows, to wit:
BEGINNING at a stone corner
and iron post at the corner of land
of the Grantors; thence along land
now or late of Sarah Kuntz and
Emma Gable South sixty-three (63)
degrees thirty (30) minutes East a
distance of twenty-eight (28) feet;
thence by lands of the former Grantees, South twenty-eight (28) degrees forty-five (45) minutes West,
a distance of sixty (60) feet to land
now or late of Thomas Royer; thence
by the same North sixty-three (63)
degrees thirty (30) minutes West, a
distance of twenty-eight (28) feet;
thence through lands of the former
Grantors, North twenty-eight (28)
Street, bounded and described as
follows, to wit:
BEGINNING at a stake on the
East side of Main Street; thence
along Main Street South 31 degrees,
30 minutes East along said Main
Street (40 feet to a point in line of
Lot No. 42) now or late of Charles
Gackenbach; thence North 58 degrees, 30 minutes East along the
last mentioned lot, 140 feet to a point
on the South side of Lot No. 40,
now or late of Thomas T. Lenhart;
South 58 degrees, 30 minutes West,
140 feet to the place of beginning.
CONTAINING 5,600 square feet.
BEING Lot No. 41 on a Plan of
Town Lots laid out of the land of
John Smith.
VESTED IN Randy L. Krick and
Susan L. Krick, husband and wife
by reason of the following:
BEING THE SAME premises
which Craig Kauffman, a/k/a Craig
F. Kauffman and Darlene Kauffman,
a/k/a Darlene A. Kauffman, husband and wife by Deed dated 4/
29/1988 and recorded 5/2/ 1988
in the County of Northampton in
Volume 746 Page 951, conveyed
unto Randy L. Krick and Susan L.
Krick, husband and wife.
AND THE SAID Randy L. Krick
and Susan L. Krick were divorced
from the bonds of matrimony in
Docket #1996-3448 on 1/6/1997.
LOT NUMBER: M4NW1B-15-1.
two and one-half story single dwelling with shingle roof; detached twocar garage.
Randy L. Krick and Susan L. Krick.
15
Vol. 54 No. 47
11/24/2005
ship, Northampton County and Commonwealth of Pennsylvania,
BEGINNING at a concrete monument at the northwesterly corner of
the lands now or formerly of Scott
C. and Sarah A. Arndt said monument also being the northeasterly
corner of the subdivision known as
Township Lane Estates; thence,
ALONG said lands of Arndt South
14 degrees 52 minutes 07 seconds
East 302.77 feet to a point; thence,
ALONG the lands known as Lot
2B of Township Line Estates, South
West 174.27 feet to a point; thence,
ALONG the lands known as Lot
1P of Township Line Estates, North
West 301.80 feet to a point; thence,
ALONG the southerly right-ofway line of Sexton Road North 79
degrees 43 minutes 44 seconds
East 150.00 feet to the point of
BEGINNING. CONTAINING: 48,931
sq. ft. or 1.12 acres.
which Timothy L. Doto and John
Kardelis, Co-Partners, t/d/b/a
Washington Street Associates, by
their deed dated June 22, 1996 and
recorded July 3, 1996 in the Office
for the Recording of Deeds in and
for the County of Northampton,
Pennsylvania, in Record Book Volume 1996-1, page 068830, granted
and conveyed unto Francis X.
Costantino and Nicole D. Lerro,
Grantors hereof, in fee.
UNDER AND SUBJECT to the
restrictions, covenants, conditions
as of record.
LOT NUMBER: G8-14-1C.
BEING KNOWN AS 470 Sexton
Road, Nazareth, Pennsylvania.
bi-level dwelling w/attached two-car
degrees forty-five (45) minutes East
a distance of sixty (60) feet to the
place of beginning.
AND
ALL THAT CERTAIN lot of vacant
land situated in the Village of
Cherryville, Township of Lehigh,
county of Northampton and State of
Pennsylvania, and designated on the
Clarence Hawk Tract as No. 10
meted and bounded as follows:
BEGINNING at an iron pin which
is at the intersection of property
lines of land now or formerly of
Roland Dieter, Lot No. 8, and land
formerly of Sarah Kuntz and Emma
Gable; thence along Lot No. 8 North
sixty (60) degrees 30 minutes West
149.00 feet to an iron pin; thence
along a 15.75 feet road South 28
degrees 45 minutes West 67.72 feet
to an iron pin; thence along lands
now or formerly of Thomas Royer
South 63 degrees 30 minutes East
a distance of 148.96 feet to an iron
pin;’ thence along land now or formerly of Roland Dieter North 28
degrees 45 minutes East a distance
of 60.00 feet to an iron pin, the place
of beginning.
Tax Parcel #J3SW2-2-2.
Tax Parcel #J3NW3-3-7A.
THEREON BEING ERECTED at
639 Blue Mountain Drive, Cherryville, a two and one-half story single
dwelling with aluminum siding exterior and shingle roof; detached
one-car garage.
Crystal P. Montgomery and Wendell
E. Montgomery.
DAVID B. COMROE, ESQUIRE
No. 16
WRIT OF EXECUTION
CV-2003-007662
ALL THAT CERTAIN lot or parcel of land situate in Plainfield Town-
16
Vol. 54 No. 47
11/24/2005
along the same (4) North 86 degrees
39 minutes 30 seconds West 104
feet to a place of beginning.
CONTAINING 13,000 square feet
or 0.2984 acres, more or less.
Vesting Information:
Vested by: Warranty Deed dated
02/26/01, given by Beazer Homes
Corp, to Kevin D. Kelley and Lynda
L. Kelley as tenants by the entireties and recorded 04/10/01 in Vol:
2001-1 Page 058004 Instrument #:
2001013094.
LOT NUMBER: J8-3-4E-59.
BEING KNOWN AS 481 Deerfield
Drive, Nazareth, Pennsylvania.
two story single dwelling with attached two-car garage, vinyl siding
exterior and shingle roof.
Kevin D. Kelly and Lynda L. Kelly.
garage, stone and vinyl siding exterior and shingle roof.
Nicole D. Constantino and Francis
X. Constantino.
JOSEPH A. GOLDBECK, JR.,
ESQUIRE
No. 17
WRIT OF EXECUTION
CV-2004-005301
ALL THAT CERTAIN lot, tract or
parcel of land, hereditaments and
appurtenances, situated on the
north side of Deerfield Drive, in the
Township of Upper Nazareth,
County of Northampton and Commonwealth of Pennsylvania, being
Lot 59 as shown on the Subdivision
Plan of “Hillside Farms”, as prepared
by Robert L. Collura, Registered
Professional Engineer, said plan
being recorded 7/20/1999 in the
Northampton County Recorder of
Deeds Office in Map Book 1999-5
Page 226, bounded and described
as follows, to wit:
BEGINNING at an iron pin on the
northerly right of way line of
Deerfield Drive in line with the easterly property line of Lot 60 of this
subdivision; THENCE along the said
easterly property line of Lot 60 (1)
North 3 degrees 20 minutes 30 seconds East 130 feet to an iron pin in
line with land now or formerly of
Northampton Farm Bureau Cooperative Association; THENCE along the
same (2) South 86 degrees 39 minutes 30 seconds East 100 feet to
an iron pin on the westerly property line of Lot 58 of this subdivision; THENCE along the same (3)
South 3 degreees 20 minutes 30
seconds West 130 feet to an iron
pin on the northerly right of way
line of Deerfield Drive; THENCE
No. 18
WRIT OF EXECUTION
CV-2005-004870
ALL THAT CERTAIN piece, parcel or tract of land situate in the
Township of Allen, County of Northampton and Commonwealth of Pennsylvania, being further bounded and
BEGINNING at a P. K. nail found
on the center line of Legislative Route
48051 (Seemsvilie Road), said P.K.
nail being a corner of the lands of
John and Donna Gasper; thence
along said centerline of Legislative
Route 48051 (Seemsville Road)
south 13 degrees 26 minutes 30
seconds West 191.80 feet to a
point; thence through the lands of
Anthony and Helen Winarchick, of
which this was a part, the following
two courses and distances, south
17
Vol. 54 No. 47
11/24/2005
of the Blue Ridge Estates Subdivision, hereafter referred to as the
Subdivision, located in Moore township, Northampton County, Pennsylvania, and being bounded and
described more fully as follows to
wit:
BEGINNING at an iron pin as set
along the Southerly right-of-way line
of Adam’s Lane, a 50.00 feet wide
road, said point also being the
Northeasterly corner of Lot 15 the
Subdivision, and said point also
being the Northwesterly corner of
Lot 14 of the Subdivision, thence
along the Westerly property line of
Lot 14 of the Subdivision and along
the Easterly property line of Lot 15
of the Subdivision South 41 degrees
14 minutes 41 seconds East 218.47
feet to an iron pin set at the Southeasterly corner of Lot 15 of the Subdivision, said point also being along
Northerly lands now or formerly of
Sandra Herd Jurus;
Thence along Northerly lands
now or formerly of Sandra Herd
Jurus and along the Southerly property line of Lot 15 of the Subdivision South 48 degrees 37 minutes
18 seconds West 200.00 feet to an
iron pin set at the Southwesterly
corner of Lot 15 of the Subdivision,
said point also being the Southeasterly corner of Lot 16 of the Subdivision.
Thence along the Easterly property line of Lot 16 of the Subdivision
and along the Westerly property line
of Lot 15 of the Subdivision North
West 218.93 feet to an iron pin set
at the Northwesterly corner of Lot
15 of the Subdivision, said point
also being along the Southerly rightof-way line of Adam’s Lane;
Thence along the Southerly rightof-way line of Adam’s Lane North
West 363.46 feet to and iron pin,
passing over an iron pin at 42.99
feet; thence North 13 degrees 26
minutes 30 seconds East 201.57
feet to an iron pin on the corner of
lands of John and Donna Gasper;
thence along said lands of John and
Donna Gasper, North 83 degrees 23
minutes 00 seconds East 360.00
feet to a P.K. nail, the place of BEGINNING, passing over an iron pin
at 317.41 feet.
UNDER AND SUBJECT TO certain conditions and restrictions appearing on the Final Minor Subdivision Map of Anthony and Helen
Winarchick, dated May 31, 1983
and filed in the Recorder of Deeds
Office of Northampton County in
Plan Book 83, Page 153.
BEING PARCEL NUMBER K430-12A-0501.
BEING KNOWN AS: 3553
SEEMSVILLE ROAD, NORTHAMPTON (ALLEN TWP.), PA 18067.
PROPERTY ID NO.: K4-30-12A.
VESTED IN John Daptula and Toni
Daptula, husband and wife, as sole
owner by Deed from Charles
Peterson and Anthony Malinowski
dated 12/29/04 recorded 12/30/
04 in Deed Book 2004-1 Page
503039.
two story single dwelling with attached two-car garage, wood exterior and shingle roof.
John Daptula and Toni Daptula.
MARK J. UDREN, ESQUIRE
No. 19
WRIT OF EXECUTION
CV-2005-002197
ALL THAT CERTAIN piece or
tract of land being known as Lot 15
18
Vol. 54 No. 47
11/24/2005
Recording of Deeds in and for Northampton County at Easton, Pennsylvania, in Record Book Volume 20031 at Page 488806, grant and convey
to Pablo Jusino.
BEING KNOWN AS 26 South
Seventh Street, Easton, Pennsylvania.
two story row dwelling with aluminum siding exterior and shingle roof.
Pablo Jusino.
PETER C. LAYMAN, ESQUIRE
East 200.00 feet to the PLACE OF
BEGINNING.
BEING KNOWN AS 368 Adams
Lane.
CONTAINING 43,739.92 square
feet or 1.004 acres.
ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL
IDENTIFIER: J5-15-21.
two story single dwelling w/attached
two-car garage, brick and vinyl siding exterior and shingle roof.
John Rusbarsky and Margaret M.
Rusbarsky.
CHARLES LAPUTKA, ESQUIRE
No. 21
WRIT OF EXECUTION
CV-2005-001811
or tenement and lot or piece of land
situate in the City of Bethlehem,
County of Northampton and Commonwealth of Pennsylvania, known
as 435 Pawnee Street according to
present City numbering, bounded
and described as follows:
East side of Pawnee Street at a distance of one hundred twenty feet
Northwardly from the corner of Pawnee and Dakotah Streets; thence
extending Northwardly along Pawnee Street a distance of twenty (20)
feet; thence running back of that
same width between lines parallel
with Dakotah Street to a division line
laid out halfway between Pawnee
Street and Philadelphia Road.
Parcel No.: P6ASW2B-11-16.
BEING KNOWN AS 435 Pawnee
Street, Bethlehem, Pennsylvania.
dwelling with slate roof.
Marie Lisby.
CHARLES LAPUTKA, ESQUIRE
No. 20
WRIT OF EXECUTION
CV-2003-006211
tenement, tract or piece of land situate on the East side of South Seventh Street, in the City of Easton,
County of Northampton and Commonwealth of Pennsylvania, containing in front on said South Seventh Street 20 feet and in length or
depth Eastwardly, 70 feet more or
less.
BOUNDED on the North by land
now or late of Julian Lehman; on
the East by lot now or late of George
Hame; on the South by lot of William Zinn; and on the West by South
Seventh Street, aforesaid.
ALSO KNOWN AS NORTHAMPTON COUNTY TAX PARCEL NUMBER: MAP: L9SE1B BLOCK: 29
LOT: 43.
which Pablo Jusino and Maribel
Jusino, husband and wife, did by
Deed dated December 31, 2002,
and recorded in the Office for the
19
Vol. 54 No. 47
No. 22
WRIT OF EXECUTION
CV-2005-004426
ALL THOSE TWO (2) CERTAIN
lots or piece of land, situate in the
Borough Of Nazareth, formerly Upper Nazareth Township, the County
of Northampton and the State of
Pennsylvania, designated and numbered on Plan of Bissell’s West End
Building Lots, entered of record at
Easton, Pennsylvania; as Lots Nos.
76 and 77, said lots being Eats
twenty-five (25) feet in front on the
North side of Seip Avenue, or an
aggregate of fifty (50) feet, and extending of that width throughout
northerly one hundred twenty (120)
feet in depth to Locker Street,
bounded on the North by Locker
Street, on the South by Seip Avenue,
on the East by Lot no. 78, and on
the West by Lot No. 75.
which John F. Liming and Carol A.
Liming, by Deed dated 2/6/01 and
recorded 2/14/01 in the Office of
the Recorder of deeds in and for
Northampton County in Deed Book
2001-1 at Page 21923, granted and
conveyed unto John F. Liming.
LOTS 76 AND 77.
TAX PARCEL #: J07SE4-03-012.
BEING KNOWN AS 610 Seip Avenue, Nazareth, Pennsylvania.
John F. Liming.
ESQUIRE
11/24/2005
Township, Northampton County,
Pennsylvania, and being designated
as Lot No. 3, Block L, according to
the map or plan entitled “Subdivision Plan of Birchwood Farms East,”
dated June 10, 1969, revised June
19, 1970 and recorded in Plan Book
27, Page 15, Northampton County
Records, being known as 4106 Ginger Lane.
UNDER AND SUBJECT to an
Easement Right-of-Way for all Township Requirements” as set forth on
said Plan; and all public utility easements.
which Edward J. Roncoroni, Sr.,
widower, by Deed dated 2/13/02
and recorded 2/15/02 in the Office of the Recorder of Deeds in and
for Northampton County in Deed
Book 2002-1 at Page 44002,
granted and conveyed unto Wendy
Roncoroni.
TAX PARCEL #: N7NE3-12-30205.
LOT NO. 3, BLOCK L.
BEING KNOWN AS 4106 Ginger
Lane, Bethlehem, Pennsylvania.
ranch style brick dwelling w/attached one-car garage and shingle
roof.
Wendy Roncoroni.
ESQUIRE
No. 25
WRIT OF EXECUTION
CV-2005-004778
PARCEL NO. 1:
ALL THAT CERTAIN tract, piece
or parcel of land situate in the Borough of Roseto, County of Northampton and State of Pennsylvania,
No. 23
WRIT OF EXECUTION
CV-2005-004646
ALL THAT CERTAIN lot or parcel of ground situate in Bethlehem
20
Vol. 54 No. 47
11/24/2005
Northampton and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a stake, corner
of other land of the grantor hereof,
of which this was a part; thence
along said grantor’s land in a westerly direction one hundred eight and
twenty-five one hundredths feet to
a stake and land owned or leased
by the Lehigh and New England
Railroad Company; thence along
said Railroad Company’s land in a
northwesterly direction eighty-nine
feet to a stake; thence along land of
Margherita Romano, North sixtyseven degrees thirty minutes East
twenty and thirty-five one-hundredths feet to a stake in a southern direction five feet to a stake;
thence along land now or formerly
of Margherita Romano North sixtyseven degrees and thirty minutes
East one hundred and thirty-five
feet to a stake; thence along
Garibaldi Street, South Twenty-two
degrees East seventy feet to the
place of BEGINNING.
CONTAINING the above described premises.
PARCEL NO. 3:
lot, tract, piece or parcel of land
situated in the Borough of Roseto,
in the County of Northampton and
state of Pennsylvania, bounded and
described as per draft or plan made
of the premises as follows, to wit:
BEGINNING at a corner of land
of O. Castellucci, on the west of
Garibaldi Street, thence along said
Garibaldi Street northerly direction
thirty-five feet to land of Anthony
Sabatino, thence along said
Sabatino’s land westerly direction
one hundred thirty-five feet to Anthony Sabatino land, thence along
said Sabatino’s land on the south-
bounded and described as follows,
to wit:
BEGINNING at an iron pipe on
the northerly curb line of Poplar
Street, said iron pipe being the
westerly corner of land to be conveyed by the Borough of Roseto to
Lewis L. Donatelli and Joanne C.
Donatelli, his wife; thence along the
northerly curb line of said Poplar
Street, North 48 degrees 24 minutes 00 seconds West 24.97 feet to
a point, said point being the terminus of the southerly curb line of
Shawnee Street; thence along the
southerly curb line of said Shawnee
Street. North 33 degrees 46 minutes 00 seconds East 15.84 feet to
the westerly corner of other land of
Nicholas P. Romano; thence along
said other land of Nicholas P. Roman, South 53 degrees 25 minutes
06 seconds East, 35.63 feet to the
northerly corner of land now or formerly owned by Lewis L. Donatelli
and Joanne C. Donatelli, his wife,
first above mentioned; thence along
the northerly side of said land to be
conveyed, South 65 degrees 36 minutes 21 seconds West 20.57 feet to
the place of BEGINNING.
The Borough of Roseto reserves
the right if ingress and access to
the storm sewer drainage pipe which
runs through the length of this tract
for the purpose of maintenance and
repairs. Any disturbance to the improvements which the grantee may
have made upon this tract shall be
restored in kind by the Roseto Borough. The grantor shall not construct any permanent structure over
the said drainage system which may
hinder future access and service.
PARCEL NO. 2:
tract, piece or parcel of land situate
in the Borough of Roseto, County of
21
Vol. 54 No. 47
erly direction thirty-five feet to a
corner of O. Castellucci, thence
along said Castellucci’s land southerly direction, one hundred thirtyfive feet to the place of BEGINNING.
CONTAINING Lot No. one.
EXCEPTING THERFROM, ALL
THAT CERTAIN messuage, tract,
piece or parcel of land situate in the
Borough of Roseto, County of Northampton in the State of Pennsylvania, bounded and described as follows, to wit:
wets curb line of Garibaldi Avenue,
said point being at the northeast
corner of land of the Jehovah’s Witnesses Society; thence along said
land South sixty-eight degrees, eight
minutes, West one hundred fourteen and three-tenths feet (114.3')
to a point on the easterly line of the
right-of-way of the Lehigh and New
England Railway Company; thence
along said line of the right-of-way
North fifty-four degrees (54 degrees)
thirty minutes (30') West fifty-five
feet (55') to an iron stake at the
southwest corner of other land of
the Grantors herein; thence along
grantors other land North sixty-four
degrees, thirty-nine minutes East
one hundred forty-three and fivetenths feet to a point on the west
curb line of Garibaldi Avenue, which
point is the southeast corner of the
other land of the Grantors herein;
thence along the said curb line
South twenty-two degrees thirty-six
minutes East fifty-five feet to the
place of BEGINNING.
which Marcel Gruter and Arlene A.
Gruter, husband and wife, by Deed
dated 2/25/94 and recorded 3/1/
94 in the Office of the Recorder of
Deeds in and for Northampton
County in Deed Book 19943 at Page
11/24/2005
6998, granted and conveyed unto
Leo A. Gardner and Cheryl D. Gardner.
BLOCK 15, LOT 3.
TAX PARCEL #: D9SE1A-15-3.
BEING KNOWN AS 516 Garibaldi
Avenue, Roseto, Pennsylvania.
two story single brick dwelling with
shingle roof; detached one-car garage.
Leo A. Gardner and Cheryl D.
Gardner.
ESQUIRE
No. 26
WRIT OF EXECUTION
CV-2005-004595
ALL THAT CERTAIN lot, parcel,
piece of ground, with the improvement thereon erected known and
numbered as 1447 Lehigh Street,
situate in the city of Easton, Northampton County, Pennsylvania,
to wit:
SAID lot containing in front on
the North side of Lehigh Street,
Fourteen and One half (14 1/2) feet,
more or less, and extending of that
width in depth northwardly Ninetyeight (98) feet to a ten (10) feet wide
private alley.
BOUNDED on the North by said
private alley; on the South by
Lehigh Street; on the East by property now or late of Violet H. Ralph;
and on the West by property now
or late of Max G. Chanock, Louis
M. Ralph and Herman Ralph.
which Harjinder S. Serah and
Surinder J. Serah, his wife, by Deed
dated 11/29/01 and recorded 12/
4/01 in the Office of the Recorder
of Deeds in and for Northampton
22
Vol. 54 No. 47
County in Deed Book 2001-1 at Page
259591, granted and conveyed unto
Francois F. Berluche and Nicole L.
Berluche.
TAX PARCEL#: L9SWZC-16-15.
three story row dwelling with aluminum siding exterior and shingle
roof.
Francois F. Berluche and Nicole
Berluche.
ESQUIRE
11/24/2005
public road leading from Danielsville
to Slatington and land of H. W.
Harper South 67° 45' East, for a
distance of 222.75 feet to a stake;
thence along the line of lands now
or formerly of the Estate of Elias
Oplinger North 18° 30' East, for a
distance of 224.4 feet to a stake;
thence by same South 72° 30' East,
for a distance of 283.8 feet to a
stake; thence by the same South
18° 30' West, for a distance of 224.4
feet to a stake; thence along the
aforementioned public road leading
from Danielsville to Slatington South
74° 30' East, for a distance of’ 330
feet to the place of BEGINNING.
CONTAINING 2.93 acres, more
or less.
TRACT NO. I AND TRACT NO. II
which Gerald A. Williams, unmarried, and Jeri G. Williams, unmarried, by their deed dated September 17, 1984, and recorded
September 18, 1984, in the Northampton County Recorder of Deeds
Office at Easton, Pennsylvania, in
deed book volume 670, page 880,
granted, conveyed, and confirmed
unto Gerald A. Williams, one of the
Grantors herein. The said Marion
Williams joins in the conveyance to
release any right, title, and/or interest she may have acquired in
such real estate as a result of her
marriage to Gerald A. Williams, both
Grantors herein.
UNDER AND SUBJECT to rights
of Pennsylvania Department of
Transportation as obtained by condemnation of 0.32 acres as recorded in Miscellaneous Book 203,
Page 415.
LOT NUMBER: H3-18-16B.
No. 29
WRIT OF EXECUTION
CV-2005-004873
ALL THAT CERTAIN tract, piece
or parcel of land situate in the
Township of Lehigh, County of
Northampton, and State of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a stone at the intersection of the public roads leading from Treichlers to Lehigh Gap
and from Danielsville to Slatington;
thence in and along said public road
leading from Treichlers to Lehigh
Gap, North 25° 30' East, 201.92 feet
to an iron pin; thence along property now or late of Frank Marth,
being the lands excepted from the
conveyance to the said Llewellyn N.
Mohr and Althea G. Mohr, (Deed
Book Volume 260, Page 274) Northwestwardly 610 feet to a point, the
southwesterly corner of said excepted tract; thence along lands now
or formerly of H. W. Harper (Edgemont Park) South 76° 00' West,
225.25 feet to a stake; thence along
lands of Lehigh and New England
Railroad Co. South 32° 15' West, for
a distance of 156.75 feet to a stake;
thence along the aforementioned
23
Vol. 54 No. 47
11/24/2005
South 60 -29' -12" West 14.72 feet)
to a point; thence 2) South 58 -36' 43" West 86.08 feet to an iron pin,
the place of the beginning.
CONTAINING 0.339 acre.
VESTED IN Craig A. Huth and
Donna K. Huth, his wife by Deed
from Gary J. Strausser and Bonnie
L. Strausser, his wife dated 6/9/
1993 and recorded 7/13/1993 in
Volume 902, Page 383.
Premises being: 1408 CAMELOT
DRIVE EASTON, PA 18045.
Tax Parcel No. K85B2-6-3-0324.
two-car garage, brick and vinyl siding exterior and shingle roof.
Craig A. Huth and Donna K. Huth.
BEING KNOWN AS 1120 Municipal Road, Walnutport, Pennsylvania.
two and one-half story single dwelling with aluminum siding exterior
and shingle roof; barn.
David P. Crout.
No. 30
WRIT OF EXECUTION
CV-2005-004875
ALL THAT CERTAIN piece, parcel or tract of land situate in the
Township of Palmer, County of
Pennsylvania known as Lot 4-3 of
Wolf’s Run: Phase IV as recorded
in the Office of the Recorder of
Deeds for Northampton at Easton,
Pennsylvania and being further
to wit:
BEGINNING at an iron pin on the
Northerly right-of-way line of
Camelot Drive, said iron pin being
on a corner of the lands of Lot 4-2
of Wolf’s Run: Phase IV; thence
along said lands of Lot 4-2 of Wolf’s
Run: Phase IV North 31 -23' -17"
West 140.00 feet to an iron pin;
thence North 58 -36' 43" East
110.00 feet to an iron pin on a corner of the lands of Lot 4-4 of Wolf’s
Run: Phase IV; thence along said
lands of Lot 4-4 of Wolf’s Run: Phase
IV South 27 -38' -19" East 140.78
feet to an iron pin on the Northerly
right-of-way line of Camelot Drive;
thence along said Northerly rightof-way line of Camelot Drive the following two courses and distances:
1) along the arc of a curve to the
left having a radius of 225.00 feet
and central angle of 03 -44' -58" for
an arc length of 14.72 feet (chord:
No. 31
WRIT OF EXECUTION
CV-2003-003761
of ground, hereditaments and appurtenances, situate in the City of
Easton, County of Northampton and
Commonwealth of Pennsylvania,
to wit:
BEGINNING at the southwest
corner of Liberty and Peach Streets;
THENCE extending eastwardly
along the south side of Liberty
Street, 20 feet to a point, the southeast corner of Liberty and Peach
Streets; THENCE southwardly 141
feet to the northern boundary of
Church Street; THENCE westerly 10
feet to a point in the center of Peach
Street (if extended); THENCE northwardly 70 feet to a point in the center of said Peach Street; THENCE
Westwardly 10 feet to the westerly
24
Vol. 54 No. 47
11/24/2005
two story one-half of a double dwelling with vinyl siding exterior and
shingle roof.
Therry H. Schwartz and Marianne
Schwartz.
boundary of said Peach Street;
THENCE northwardly 71 feet to the
place of beginning.
BOUNDED on the east by lands
now or late of David J. Linton and
Roseann G. Linton; on the north by
Liberty Street; on the south by
Church Street; and on the west by
lands of others.
The said strip of land being a
portion of the bed of an unopened
street known as Peach Street.
ALSO, ALL THAT CERTAIN lot
or piece or ground with the dwelling house thereon erected, hereditaments and appurtenances, situate
in the City of Easton, County of
Pennsylvania, more particularly
BEGINNING at the southeast
corner of Liberty and Peach Streets
THENCE extending eastwardly
along the south side of Liberty
Street, 19 feet; THENCE extending
of that width southwardly 141 feet
in depth to Church Street.
BOUNDED on the north by Liberty Street; on the east by land now
or late of Regina Kurth; on the
south by Church Street; and on the
west by Peach Street.
BEING KNOWN AS #1322 LIBERTY STREET.
BEING TAX PARCELS NO.
L9SW2B-15-1 AND L9SW2B-15-1A.
BEING KNOWN AS: 1322 LIBER TY STREET, EASTON, PA
18042.
PROPERTY ID NO.: L9SW2B-151 & L9SW2B-15-1A.
VESTED IN Therry H. Schwartz and
Marianne Schwartz, husband and
wife, as tenants by the entireties
by Deed from Michael P. Oliva and
Kellee E. Oliva, husband and wife
dated 5/30/01 recorded 6/13/01
in Deed Book 2001-1 Page 108866.
No. 32
WRIT OF EXECUTION
CV-2005-004626
tenement, parcel or piece of land
lying and being in the Borough of
Bangor, County of Northampton and
State of Pennsylvania, being designated as Lot Nos. 34 and 35 upon
John Lobb’s map or plan of Borough lots made by A. M. Paff, Esquire, and which is recorded in the
office of the Recorder of Deeds in
and for Northampton County at
Easton, Pennsylvania, in Deed Book
B, Volume 18, Page 701.
BEGINNING at a point in the
west side of North Third Street in
the said Borough of Bangor (formerly
North First Street) and at the corner of Lot No. 33 as per said map
or plan; thence along the northern
parallel division line of said Lot No.
33 North eighty and one-quarter (80
1/4) degrees West one hundred
forty (140) feet to a corner in the
east side of a twelve (12) foot wide
alley; thence along the east side of
a said alley North eight and one-half
(8 1/2) degrees East sixty-eight (68)
feet to a rear corner of Lot No. 36
as per said map or plan; thence
along the southern division line of
said Lot No. 36 South eighty and
one-quarter (80 1/4) degrees East
one hundred forty (140) feet to a
point or corner near the west side
of said North Third Street, formerly
25
Vol. 54 No. 47
11/24/2005
No. 33
WRIT OF EXECUTION
1999-C-00571
ALL THAT CERTAIN tract or
pieces of ground together with improvements thereon, situate in the
Third Ward of the Borough of Northampton, County of Northampton
and State of Pennsylvania, as follows, to wit:
BEGINNING at a point in Linden
Court, said point being South eightythree degrees forty-four minutes,
West (S 83 degrees 44 minutes W)
two hundred ninety-four and seventy-eight one-hundredths (294.78")
feet from an iron pin in the right-ofway of Howertown Road, which pin
also marks the Southeast corner or
the Grantors’ tract; thence along
Linden Court South eighty-three
degrees forty-four minutes West (S
83 degrees 44' W) three hundred
thirty-nine and ninety-seven one
hundredths (339.97') feet to an iron
pin; thence along lands of William
Bennett North forty-one degrees
fifty-one minutes West (N 41 degrees 51' W) two hundred seventy
and twelve one-hundredths (270.12')
feet to an iron pin; thence along
lands of the Borough of Northampton North fifty-three degrees twentyeight minutes East (N 53 degrees
28' E) three hundred seventy-one
and fifteen one-hundredths (371.15')
feet to an iron pin; thence along
lands of Primo and Mary Pagni South
sixteen degrees forty-six minutes
East (S 16 degrees 46' E) one hundred ninety-three and eighty on-hundredths (193.80') feet to an iron pin;
thence still along the lands of Primo
and Mary Pagni, South seventy-two
degrees seven minutes East (S 72
degrees 7' E) one hundred thirtyfour and forty one-hundredths
North First Street; thence along the
west side of said North Third Street
South eight and one-half (8 1/2) degrees West sixty-eight (68) feet to
the place of beginning.
CONTAINING two (2) contiguous
building lots being each thirty-four
(34) feet in width in front on the
west side of North Third Street and
extending of the same width between parallel division lines westward in depth one hundred forty
(140) feet to the aforesaid alley in
the rear.
which Larry Pacifico and Pearl I.
Pacifico, his wife, by their Indenture bearing date the thirtieth day
of October, A.D. 1986, for the consideration therein mentioned,
granted and conveyed unto the said
Michael L. Pacifico and Trina J.
Pacifico, his wife, parties hereto,
and to their 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 Deed Book
Volume 711, Page 155, etc., relation being thereunto had, more fully
and at large appears.
IDENTIFIER: MAP: E9NE1B,
BLOCK: 15, LOT: 15.
BEING KNOWN AS 48 North
Third Street, Bangor, Pennsylvania.
single two and one-half story dwelling with asbestos shingle exterior
and shingle roof; detached one-car
garage.
Michael L. Pacifico and Trina J.
Pacifico.
ALFRED S. PIERCE, ESQUIRE
26
Vol. 54 No. 47
(134.40;) feet to point; thence South
twelve degrees forty-nine minutes
East (S 12 degrees 49' E) one hundred sixty-two and one one-hundredths (162.01') feet along the
lands of the Grantors to the place
of beginning.
Grantors also grant, bargain, release, convey and confirm to Grantees, their heir and assigns, forever,
a twenty (20') feet wide easement
and right-of-way across the lands
of Grantors extending from the
Southeast corner of the home to be
placed upon the property by Grantees’ assigns, South seventy-six degrees fifty-six minutes and thirty
seconds (S 76 degrees 56' 30") approximately one hundred sixty (160')
feet more or less to the manhole at
the intersection of Limestone and
Linden Court for the purpose of
maintenance and repair of a sump
pump sewage system which is to
be installed under the ground along
said right-of-way. The easement is
more fully specified in the subdivision plan for the lands of Robert
Groller prepared by Kenneth B.
Fogle, Jr., P.E., on March 18, 1978
which is to be recorded in the Northampton County Recorder of Deeds
Office. Grantees, their heirs and
assigns, expressly agree that with
respect to excavations and repairs
performed pursuant to this easement, that they will restore the surface of Grantors’ premises to the
condition as it was prior to said excavation and repairs.
VESTED IN George J. Groller and
Theresa M. Groller, husband and
wife, as follows:
BEING the same premises which
Joseph J. Groller and Elizabeth L.
Groller, husband and wife by Deed
dated 9/21/78 and recorded 9/22/
11/24/2005
78 in Deed Book 588 page 406 conveyed unto George J. Groller and
Paige A. Kuhne, in fee.
AND ALSO BEING the same
premises which Paige a. Kuhne by
Deed dated 8/8/80 and recorded—
in Deed Book 620 Page 713 conveyed her ? interest unto George J.
Groller, in fee.
AND ALSO BEING the same
premises which George J. Groller
and Theresa M. Groller, husband
and wife by Deed dated 6/11/81
and recorded 6/12/81 in Deed Book
627 Page 785 conveyed unto George
J. Groller and Theresa Groller, husband and wife, in fee.
Premises being: 599 LINDEN
COUR T, NOR THAMPTON, PA
18067.
ASSESSMENT MAP, BLOCK,
AND LOT NUMBER: M4-2-4A.
two-car garage, brick and stucco
exterior and shingle roof; in-ground
pool.
George J. Groller and Theresa M.
Groller.
No. 34
WRIT OF EXECUTION
CV-2005-005122
ALL of his one-half interest in
property known as all that certain
tract and tenement of land situate
along the Southerly side of Morton
Street between Webster Street and
Taylor Street in the Third Ward, City
of Bethlehem, County of Northampton, Commonwealth of Pennsylvania, and being known as 234 Morton
Street according to the present numbering system of the City of Bethle-
27
Vol. 54 No. 47
11/24/2005
two story one-half of a double dwelling with aluminum siding exterior
and shingle roof.
Iris Lugo Cotto.
hem, being more particularly bounded and described as follows:
Southerly street line of Morton
Street, twenty (20.00) feet wide,
said point being distant two hundred (200.00) feet Eastwardly along
the Southerly street line of Morton
Street from the intersection of the
Southerly street line of Morton Street
with the Easterly street line of
Webster Street, sixty (60.00) feet
wide; thence, Eastwardly along the
Southerly street line of Morton Street
a distance of twenty and fifty-nine
one-hundredths (20.59) feet to a
point in line with the party wall separating the premises herein and the
premises immediately to the East
known as 236 Morton Street;
thence, Southwardly in and through
said party wall between parallel lines
of that width of twenty and fiftynine one-hundredths (20.59) feet
and at right angles to Morton Street
a distance of ninety and fifty onehundredths (90.50) feet.
BOUNDED on the North by
Morton Street; on the East by 236
Morton Street; on the South by
lands now or formerly of Aaron
Abrams and wife Sarah; and on the
West by lands now or formerly of
Charles and Lina Mesics.
HAVING ERECTED THEREON a
dwelling known and numbered as
234 Morton Street, Bethlehem,
Northampton County, Pennsylvania,
according to the present system of
city numbering.
VESTED IN Iris Lugo Cotto by Deed
from Francisco Lugo, widower,
dated 10/8/1997 and recorded 10/
21/1997 in Volume 1997-1 Page
115620.
Tax Parcel No. PG3E1B-27-5A0204
No. 35
WRIT OF EXECUTION
CV-2005-003082
or tenament and lot, parcel or piece
of land situate on the South Side of
Mauch Chunk Street of the West
End Building (Schmickley Tract) in
the Borough of Nazareth, County of
Pennsylvania, designated and numbered as Lot 12 on the said Plan or
Draft of said lots and recorded in
the Recorder’s Office at Easton,
Pennsylvania, in Map Book 2, Page
79 containing in front and extending of that same width Southwardly
140 feet more or less to Poplar Alley. Bounded on the North by Mauch
Chunk Street, on the East by lands
late of Howard D. Siegfried, nor
Carrie Alpaugh, on the South by
Poplar Alley and on the West by
lands late of Elmer Brinker, now
Mrs. William Kline.
UNDER AND SUBJECT to all
conditions, covenants and restrictions as of record.
Being Parcel No. J7SE4B-9-12.
Being known as 307 Mauch
Chunk Street, Nazareth, PA 18064.
two and one-half story single dwelling with vinyl siding exterior and
shingle roof.
James B. Mullan.
ROBERT SALTZMAN, ESQUIRE
28
Vol. 54 No. 47
11/24/2005
neth O. Schoch, Jr. and Ruth A.
Schoch, husband and wife.
BEING premises commonly
known and numbered as No. 436
East North Street according to the
present system of numbering used
in the said City of Bethlehem.
which Kenneth O. Schoch, Jr. and
Ruth A. Schoch, husband and wife,
by their Deed dated October 15,
1981 and recorded in the Office of
the Recorder of Deeds of Northampton County, Pennsylvania, on October 15, 1981, in Deed Book Volume 631 Page 1020, granted and
conveyed unto the late Frederic E.
Sawyer and Anna G. Sawyer, his
wife, Grantor herein.
VESTED IN Timothy C. Mullin, a
married man, taking title in his
name alone, by Deed from Anna G.
Sawyer, a widow, dated 2-28-95,
recorded 3-14-95 in Deed Book
1995-1, page 020824.
Premises being: 436 EAST
NORTH STREET, BETHLEHEM, PA
18018.
Tax Parcel No. P6NE2A-27-20204.
two story one-half of a double dwelling with aluminum siding exterior
and shingle roof.
Timothy C. Mullin.
No. 36
WRIT OF EXECUTION
CV-2005-005123
tenement and lot or piece of ground
situate in the City of Bethlehem,
County of Northampton and State
of Pennsylvania, bounded and described as follows, to wit:
south side of North Street, distant
one hundred thirty (130) feet, more
or less, from the southwest corner
of Elm and North Streets, said point
being an imaginary extension line
from the middle of a partition wall
between the house herein conveyed
and the house immediately adjoining the within described premises
to the east; thence in and along the
south side of said North Street,
westwardly, a distance of twenty
(20) feet, more or less, to a point in
line of lands now or late of C.T.
Bender; thence southwardly in and
along the same, and at right angles
to said North Street, a distance of
one hundred eighty-six (186) feet to
a point in the north line of Raspberry Street; thence eastwardly in
and along the said north line of Raspberry Street, a distance of twenty
(20) feet, more or less, to a point in
line of other lands now or late of
Kenneth O. Schoch, Jr. and Ruth
A. Schoch, husband and wife;
thence northwardly in and along the
same, and through the middle of the
aforesaid partition wall, a distance
of one hundred eighty-six (186) feet
to a point in the south side of North
Street, the place of beginning.
BOUNDED on the north by North
Street, on the south by Raspberry
Street, on the west by property now
or late of C.T. Bender and on the
east by property now or late of Ken-
No. 37
WRIT OF EXECUTION
CV-2005-001750
ALL THAT CERTAIN lot or parcel
of land situate on the northeasterly
side of Manor Drive and indicated
as Lot No. 31 on the subdivision
plan of Newburg Manor by Fishburn
29
Vol. 54 No. 47
11/24/2005
PROPERTY ID NO.: L7-5-16-9.
VESTED IN Kevin Hull and Cynthia
Hull, husband and wife by Deed
from John M. DeShane and Jennifer L. DeShane, husband and wife
dated 12/22/03 recorded 12/24/
03 in Deed Book 2003-1 Page
526666.
two story single brick and stucco
dwelling with shingle roof; attached
one-car garage.
Kevin Hull and Cynthia Hull.
Realty Company, recorded in Plan
Book 34, Page 39 in the Recorder
of Deeds Office for Northampton
County of Easton, Pennsylvania, in
the Township of Lower Nazareth,
County of Northampton and State
of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on a curve
in the northeasterly line located 30
feet radially from the centerline of
Manor Drive said point marking a
corner in Lot No. 32 Newburg
Manor;
THENCE along the northeasterly
line of Manor Drive on a curve to
the left having a radius of 780.00
feet, an arc length of 116.09 feet to
a point, a corner in Lot No. 30
Newburg Manor;
THENCE along Lot No. 30 North
35° 45' 00" East 130.20 feet to a
point in line of Lot No. 39 Newburg
Manor; THENCE along Lot No. 39
and further, along Lot No. 38
Newburg Manor South 47° 30' 00"
East 135.00 feet to a point, a corner in Lot No. 32 Newburg Manor;
THENCE Lot No. 32 South 44°
16' 40" West 124.33 feet to a point
on a curve in the northeasterly line
of Manor Drive, the point and place
of beginning.
CONTAINING 15,738 square
feet.
SUBJECT to the easement and
building restriction lines indicated
on the plan of record.
ALSO KNOWN AS Northampton
County Uniform Parcel Identifier
No.: Map L7, Block 5, Lot 16-9.
UNDER AND SUBJECT to the
covenants, conditions and restrictions which shall run with the land
as set forth and recorded in Record
Book Volume 2002-1, Page 153815.
BEING KNOWN AS: 410 MANOR
DRIVE, NAZARETH (LOWER
NAZARETH TWP.), PA 18064.
No. 38
WRIT OF EXECUTION
CV-2005-004301
ALL THOSE FOUR CERTAIN lots
or pieces of ground situate in Washington Park, in the Township of
Palmer, County of Northampton,
Commonwealth of Pennsylvania,
and known and designated as Lots
Nos. 71, 72, 73 and 74 on the Plan
of Town Lots as laid out by Anthony
E. Miller, said plan being recorded
in the Office for the Recording of
Deeds at Easton, Pennsylvania in
Map Book 6, at page 7, said lots
being bounded and described as
follows.
BEGINNING at a point, the corner of Lot No. 75, on the North side
of Camden Street; thence continuing Westwardly along the North side
of Camden Street a distance of 80
feet to a 15 feet wide alley; thence
continuing Northwardly along said
15 feet wide alley a distance of 115
feet to another fifteen foot wide alley; thence continuing Eastwardly
along said other 15 feet wide alley a
distance of 80 feet to Lot No. 75;
thence continuing Southwardly
30
Vol. 54 No. 47
along Lot No. 75 a distance of 115
feet to a point, the place of beginning.
BOUNDED on the North by a 15
foot wide alley, on the East by Lot
No. 75, on the South by Camden
Street, and on the West by a 15 foot
wide alley.
BEING known as 4015 CAMDEN
STREET, EASTON, PA 18045.
PARCEL #M8NE1-7-9.
which Althea R. Ciulla, Individually
and as Settler and Trustee of the
Althea R. Ciulla Trust, dated December 29, 2000, by Indenture dated
August 15, 2001 and recorded August 23, 2001 in the Office of the
Recorder of Deeds in and for Northampton County in Deed Book Volume 2001-1, Page 170382, granted
and conveyed unto Althea Ciulla. On
November 11, 2004 Althea R. Ciulla
departed this life. A Will was probated naming Gloria J. Ciulla, Executrix of the Estate of Althea Ciulla
a/k/a Althea R. Ciulla on November 19, 2004.
wooden A-frame dwelling with
shingle roof.
Gloria J. Ciulla, Executrix of the
estate of Althea Ciulla a/k/a Althea
R. Ciulla.
GREGORY JAVARDIAN, ESQUIRE
11/24/2005
easterly building line of Maple Lane,
said point being at a distance of
100.0 feet by the said building line
on the course North 1 degree 11
minutes East from the northeasterly corner of Maple Lane and Virginia Street; thence by the easterly
building line of Maple Lane, North
1 degree 11 minutes East, 100.0
feet to a point; thence by land now
or late of John S. Haupt Estate,
South 88 degrees 49 minutes East,
135.0 feet to a point; thence by lot
now or late of Joseph E. Benzoni,
North 88 degrees 49 minutes West,
135.0 feet to a point, the place of
BEGINNING.
BEING the southerly 10.0 feet
of Lot No. 9, all of Lots Nos. 10, 11
and 12 and the northerly 15.0 feet
of Lot No. 13 as shown on the revised Plan of Fairview Knolls in
Block C.
IDENTIFIER NO.: MAP: M8NE3
BLOCK: 10 LOT: 3.
BEING KNOWN AS: 711 MAPLE
LANE, EASTON (PALMER TOWNSHIP), PA 18045.
PROPER TY ID NO.: M8NE310.3.
VESTED IN James E. Ward and
Janet F. Ward, husband and wife
by Deed from Michele A. Stem, unmarried dated 5/26/04 recorded 6/
3/04 in Deed Book 2004-1 Page
213786.
ranch style dwelling with vinyl siding exterior and shingle roof.
James E. Ward and Janet F. Ward.
No. 42
WRIT OF EXECUTION
CV-2005-002750
of land situate in the Township of
Palmer, County of Northampton and
State of Pennsylvania, bounded and
31
Vol. 54 No. 47
11/24/2005
dated and recorded 3/22/95 in
Deed Book 1995-1 Page 023688
granted and conveyed unto Angel
Luis Smith Perez and Nancy Diaz.
two and one-half story one-half of a
double dwelling with asbestos
shingle exterior and shingle roof.
Nancy Diaz a/k/a Nancy Smith
Perez and Angel Luis Smith Perez.
LEON P. HALLER, ESQUIRE
No. 43
WRIT OF EXECUTION
CV-2005-000312
or tenement and lot or piece of
ground situate in the City of
Bethlehem, County of Northampton
and State of Pennsylvania, being
western half of Lot No. 28 Garrison
Street, as designated on the Map of
Bethlehem published by W. T.
Roepper.
CONTAINING in front on said
Garrison Street thirty (30) feet and
extending of that width southwardly
one hundred and two (102) feet.
BOUNDED on the North by Garrison Street aforesaid, East by the
eastern half of Lot No. 28 Garrison
Street, South by Lot No. 27 North
Street and West by Lot No. 26 Garrison Street.
HAVING THEREON ERECTED A
DWELLING KNOWN AS 42 EAST
GARRISON STREET BETHLEHEM,
PA 18018.
PARCEL: P6NE1A-27-6.
WHICH Louis C. Baur et al by deed
A 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
B. LINCOLN TREADWELL, JR.
ESQUIRE
Solicitor to the Sheriff
Nov. 17, 24; Dec. 1
TOWNSHIP SOLICITOR
The Board of Supervisors of East Allen Township, Northampton
County will have an opening for Township Solicitor for 2006 representing both the Board and the Planning Commission. Experience in municipal law, strong research/writing skills and experience in civil litigation is essential. The position will include attendance at meetings,
legal guidance for all Municipal and Zoning concerns, representation
for any Township litigation, etc. Please send resumes and salary requirements to 5344 Nor-Bath Blvd., Northampton, PA 18067 or fax—
(610) 262-8788 prior to December 2, 2005—3 P.M.
32
Vol. 54 No. 47
33
11/24/2005
Vol. 54 No. 47
34
11/24/2005
172
Pechota et ux. v. Technicolor Properties, LLC
Vol. 54
GARY L. PECHOTA AND JULIE A. PECHOTA, Plaintiffs v.
TECHNICOLOR PROPERTIES, LLC, Defendant
For Decision—Injunction—Private Nuisance—Noise.
The plaintiffs brought a claim for an injunction ordering the defendant to cease discharging air through its water heater vents that directly face the plaintiffs’ home. The plaintiffs claimed that this noise created an actionable private nuisance. The court concluded that
the noise did not constitute a private nuisance. First, the court determined that the facts of the
case did not demonstrate that the defendant intended to cause noise, which could be heard by
the plaintiffs in their home, when it installed the ventilation for the two water heaters. Additionally, the court noted that even if it had concluded that the defendant acted intentionally,
the defendant’s actions were not unreasonable. The court based its determination on the trial
testimony as well as a view of the premises and the water heater ventilation units. Second, the
court held that the plaintiffs failed to prove that the defendant acted negligently or recklessly
with regard to the operation of the ventilation units. Specifically, the operation of the defendant’s
business requires the large water heating units, and appropriate ventilation system. Moreover,
the defendants attempted to alleviate any possible noise by adding a muffler to the ventilation
system. Finally, the plaintiffs failed to show that they suffered significant harm by any noise
invasion because they did not demonstrate that the noise would be offensive to normal persons living in a largely commercial urban setting.
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division—Equity, No. C0048CV2004-0915.
Order of the Court finding in favor of the defendant, Technicolor
Properties, LLC, and against the plaintiffs, Gary L. Pechota and Julie A.
Pechota.
CONSTANTINE M. VASILIADIS, ESQUIRE, for Plaintiffs.
JOSEPH S. D’AMICO, JR., ESQUIRE, for Defendant.
Order of the Court entered on April 29, 2005 by SMITH, J.
DECISION
Presently before the court is the plaintiffs’ action for an injunction
ordering the defendant to cease discharging air through its water heater
vents that directly face the plaintiffs’ home. Specifically, the plaintiffs claim
that the defendant’s vents create a noise that constitutes a private nuisance.
A non-jury trial was held before the undersigned on March 9, 2005. After
the receipt of testimony, the court, with the agreement of counsel, conducted a view of the defendant’s facilities, water heaters, and water heater
ventilation system. Additionally, the court listened to the defendant’s vents
operate from inside the defendant’s property, outside the defendant’s property next to the vents, and inside the plaintiffs’ property. Both counsel agreed
on the record that there was no need of making a record at the view. The
court permitted the parties to file any briefs in support of their respective
positions, and received briefs from both parties.
35
173
FINDINGS OF FACT
The plaintiffs, Gary L. Pechota and Julie A. Pechota, are husband
and wife and reside at 56 West Market Street, Unit 12, Bethlehem, Pennsylvania (hereinafter referred to as the “Pechota Property”). The Pechota
Property is part of a condominium complex, and the plaintiffs have resided
there since approximately 1997.
The defendant, Technicolor Properties, LLC, owns real property located at 61 West Walnut Street, Bethlehem, Pennsylvania (hereinafter referred to as the “Technicolor Property”). Operating on the Technicolor Property is the Technicolor Grand Salon and Day Spa (hereinafter referred to as
the “Technicolor Salon”) and other associated businesses, including a cafe,
bakery, art gallery, and ladies’ boutique. All of the aforementioned businesses have been operating on the Technicolor Property since October 21,
2001. These businesses operate seven days per week.
Before the defendant purchased the Technicolor Property, it was used
as office space. After the defendant acquired the Technicolor Property, the
defendant renovated the property to correspond to the needs of the
Technicolor Salon and its associated businesses. As part of the renovation,
the defendant relocated the venting for the gas water heaters, which had
previously vented into the condominium complex’s parking garage. The
defendant’s member manager, C. Franklin Shipman, and its head of maintenance, Richard Groman, after consulting with the condominium association and its contractors, had its contractors move the vent location to the
exterior side wall of the Technicolor Property, which is directly across from
the plaintiffs’ condominium. The plaintiffs’ condominium is located approximately thirty (30) feet from the exterior side wall of the Technicolor
Property, and the four side windows of the plaintiffs’ condominium look
out onto the exterior of the multi-level parking garage and the Technicolor
Property.
During the renovation, the defendant also installed two large water
heaters, each with an intake and exhaust vent for proper operation. The
defendant chose to include two large water heaters because of the size of
the Technicolor Property and hot water needs of the businesses operating
on said property. The manufacturer’s specifications indicated that the vents
created noise.1 The operation of the water heaters does create noise at the
1
The plaintiffs produced a manual claiming it to be the manufacturer’s specifications
for the water heaters installed on the defendant’s property. This manual contained cautionary
language concerning the possible noise produced by the water heater units, and included
cautionary language regarding possible placement for the vents. However, the plaintiffs provided no testimony to establish that this particular manual was reviewed by the defendant
before or during the installation of the two water heaters. In fact, testimony from the defendants intimated that the cautionary language in the manual was only added after the manufacturer learned of the facts of the instant case and learned about the specialized muffler that was
created for the units.
36
174
Vol. 54
venting inlet and outlets when the water heaters need additional hot water
or an increase in water temperature. During the business day, the water
heaters may cycle several times per hour for a few minutes each time. During the late evening and early mornings, the water heaters do not cycle
often and for only a few minutes during each cycle to maintain a minimal
acceptable temperature in the water heaters.
After the Technicolor Grand Salon and Day Spa and its associated
businesses had been operating for approximately one year, the plaintiff,
Gary Pechota, complained to the defendant’s representatives about the noise
emanating from the vents for the hot water heaters. Upon receiving Mr.
Pechota’s complaints, the defendant’s representatives met with Mr. Pechota
in an attempt to understand his concerns and complaints. Additionally, the
defendant’s representatives invited Mr. Pechota into the facility to inspect
the water heaters. Dissatisfied with the defendant’s efforts to alleviate the
noise emanating from the vents, Mr. Pechota lodged a complaint with the
City of Bethlehem concerning an alleged noise violation created by the
water heaters and vents. The City of Bethlehem visited the Technicolor
Property, inspected the water heaters, and conducted noise tests. The City
did not issue noise citations against the defendant. Thereafter, the defendant installed specialized mufflers for the water heaters in an attempt to
mitigate any possible problems with sounds emanating from the water heater
vents. Still dissatisfied with the defendant’s efforts to alleviate the noise
coming from the vents, the plaintiffs filed the instant suit.
DISCUSSION
This Commonwealth follows the Restatement (Second) of Torts as
the definition of a private nuisance. See Waschak v. Moffat, 379 Pa. 441,
449, 109 A.2d 310, 314 (1954) (adopting Restatement (First) of Torts’ definition of private nuisance); Kembel v. Schlegel, 329 Pa. Super. 159, 166,
478 A.2d 11, 14 (1984) (explaining that court will continue to follow Restatement (Second) of Torts’ definition of private nuisance as differences
between definition in the First and Second Restatements are insignificant).
The Restatement defines a private nuisance as “a nontrespassory invasion
of another’s interest in the private use and enjoyment of land.” Restatement (Second) of Torts §821D (1979).
Additionally, section 822 provides the test to determine the existence
of a private nuisance. Section 822 provides as follows:
§ 822. General Rule
One is subject to liability for a private nuisance if, but
only if, his conduct is a legal cause of an invasion of another’s
interest in the private use and enjoyment of land, and the invasion is either
(a) intentional and unreasonable, or
37
175
(b)unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
Id. The Restatement also indicates that a defendant is not subject to liability for an invasion unless the invasion caused significant harm. Section
821F defines significant harm as: “[A] kind that would be suffered by a
normal person in the community or by property in normal condition and
used for a normal purpose.” Id. Comments c and d to section 821F further
explains the meaning of significant harm as follows:
By significant harm is meant harm of importance, involving more than slight inconvenience or petty annoyance.
The law does not concern itself with trifles, and therefore there
must be a real and appreciable invasion of the plaintiff’s interests before he can have an action for either a public or private
nuisance. ... In the case of a private nuisance, there must be a
real and appreciable interference with the plaintiff’s use or enjoyment of his land before he can. have a cause of action.
***
When [the invasion] involves only personal discomfort
or annoyance, it is sometimes difficult to determine whether
the invasion is significant. The standard for the determination
of significant character is the standard of normal persons or
property in the particular locality. If normal persons living in
the community would regard the invasion in question as definitely offensive, seriously annoying or intolerable, then the invasion is significant.
Id.2 Moreover, as the Pennsylvania Supreme Court explained in Molony v.
Pounds, 361 Pa. 498, 64 A.2d 802 (1949):
No one is entitled to absolute quiet in the enjoyment of
his property. All that may be insisted upon is a degree of quietness consistent with the standard of comfort in the locality in
which one dwells. ... Persons living in a community or neighborhood must subject their personal comfort to the commercial necessities of carrying on trade and business, and where
the individual is affected only in his taste, his personal comfort
or pleasures, or preferences, they must be surrendered to the
2
We note that Comment b to section 821F specifically states that the rule stated in
section 821F applies only to tort liability in an action for damages. Nevertheless, the Superior
Court has applied the “significant harm” rule when reviewing trial courts’ determinations in
actions for injunctions and, as such, we will apply this rule in the instant case. See e.g., Karpiak
v. Russo, 450 Pa. Super. 471, 475, 676 A.2d 270, 272-73 (1996) (applying rule in nuisance
action for injunction and damages); Harford Penn-Cann Service, Inc. v. Zymblosky, 378 Pa.
Super. 578, 582, 549 A.2d 208, 209 (1988) (applying rule in private nuisance action for injunction); Kembel v. Schlegel, 329 Pa. Super. 159, 166, 478 A.2d 11, 15 (1984) (applying rule
in private nuisance action for injunction and damages).
38
176
Vol. 54
comfort and preferences of the many. ... The use of property
for other than residential purposes may be, and at times is, an
annoyance to dwellers in the vicinity, but the mere fact of annoyance does not establish the existence of a nuisance and is
not of itself a sufficient basis for an injunction against the particular use from which the alleged annoyance arises. ... Where
the annoyance arises from the conduct of a business which is
not a nuisance per se, a strong effort will be made to conserve
the rights of all parties. An important question is, can the noise
by any reasonable means be moderated so as to accord with
the degree of quietness the plaintiff has a right to enjoy, and if
it can, by what means? ... In such cases, equity will not ordinarily interfere unless the proof shows that the injury arises
from either an improper conduct of business or from one that
could not be remedied. ...
Id. at 501-502, 64 A.2d at 803-804 (citations omitted) (emphasis in original).
As explained above, to sustain an action for a private nuisance, the
plaintiff must demonstrate either: (a) that the invasion is intentional and
unreasonable, or (b) unintentional and otherwise actionable under the rules
controlling liability for negligent or reckless conduct, or for abnormally
dangerous conditions or activities.3 In the instant case, the facts of the case
do not demonstrate that the defendant intended to cause noise, which could
be heard by the plaintiffs in their home, when it installed the ventilation for
the two water heaters. Nevertheless, even if we were to find that the defendant committed an intentional invasion once the defendant knew that the
plaintiffs claimed that they could hear noise inside their condominium, we
find that any such invasion was not unreasonable. This finding is based on
the testimony from the witnesses at trial as well as the court’s view of the
defendant’s premises, which included listening to the ventilation unit operate during a cold, windy afternoon.
The court also finds that the plaintiffs have failed to demonstrate that
the defendant has acted negligently or recklessly with regard to the operation of their ventilation units. The defendant requires two large water heating units to properly operate its business. The defendant consulted with the
condominium association before placing the water heating units in their
current location. Additionally, although the defendant rejects the plaintiffs’
contention that the water heating vents create a nuisance, the defendant has
attempted to take steps, such as adding the muffler system, to further eliminate any possible noise produced by the vents. As such, we find that the
3
The plaintiffs have not contended that the operation of the water heaters is an abnormally dangerous condition or activity. Nevertheless, none of the evidence demonstrated that
the alleged nuisance was created by an abnormally dangerous condition or activity.
39
177
defendant has not acted unreasonably or recklessly in its operation of its
water heating units.
Additionally, the plaintiffs have failed to show that they have suffered significant harm by any such invasion. Although we find that the
plaintiffs may be annoyed or discomforted by the noise produced by the
ventilation units, the plaintiffs have failed to demonstrate that the noise
would be offensive to normal persons living in a largely commercial urban
setting.
CONCLUSIONS OF LAW
Based on the above discussion, we conclude that the plaintiffs have
failed to demonstrate an actionable nuisance. The plaintiffs have failed to
establish that the defendant created an intentional invasion when it installed
the water heating units. Additionally, even if we were to find that the defendant acted intentionally when it knew that the plaintiffs were complaining
about noise in their home, any such invasion was not unreasonable. Moreover, the defendant has not acted negligently or recklessly concerning the
operation of its heating units. Finally, the plaintiffs have not suffered significant harm by the noise created by the defendant’s water heating units.
We appreciate that the parties have attempted to amicably resolve this matter, and despite our legal conclusion, we strongly encourage the parties to
continue their efforts to mitigate the impact on the plaintiffs.
Accordingly, we enter the following:
ORDER
AND NOW, this 29th day of April, 2005, Judgment is entered in
favor of the defendant, Technicolor Properties, LLC. The plaintiffs have
failed to prove that the defendant created an actionable nuisance and their
requested relief in the form of an injunction is denied.
40

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