contents - Northampton County Bar Association
Transcription
contents - Northampton County Bar Association
(USPS 395-280) VOL. LV EASTON, PA May 1, 2008 NO. 18 Roger Herstitch, Plaintiff v. Dean Harper, D&A Emergency Equipment, The Borough of Hellertown, Robert P. Balum, Chief of Police of the Borough of Hellertown, and Havis-Shields Corp., Defendants Northampton County Reporter Digest—2008-5 CONTENTS Bar News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Corporate Fictitious Name Registration Notice. . . . . . . . . . . . . . . . . . . . . 12 Estate Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Fictitious Name Registration Notice. . . . . . . . . 12 Legal Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Northampton County Reporter Digest—2008-5. . . . . . . . . . . . . . . . . . . . . . . . 53 Notice of Incorporation. . . . . . . . . . . . . . . . . . . . 11 Notice of Nonprofit Incorporation . . . . . . . . . . . 12 Sheriff’s Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 INSERT: Goldenrod: 1. 2008 Calendar of Events 2. Lehigh Valley Iron Pigs vs. Scranton/Wilkes Barre Yankees 3. Quarterly Association Meeting—Malpractice Avoidance Seminar 4. Walk for a Healthy Community NOTICE TO THE BAR.... Registration form for the May 22 Quarterly Meeting is inside. Program— Malpractice Avoidance Seminar. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopying, or any other means without the prior written permission of the copyright holder. NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 NORTHAMPTON COUNTY BAR ASSOCIATION 2008 BAR ASSOCIATION OFFICERS Michael C. Deschler. . . . . . . . . . . . . . . . . . . . . President Joseph A. Corpora, III. . . . . . . . . . . . . . . . President-elect Jacqueline M. Taschner. . . . . . . . . . . . . . . Vice President Kerry S. Freidl . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer Victor E. Scomillio. . . . . . . . . . . . . . . . . . . . . . Secretary Joel H. Ziev. . . . . . . . . . . . . . . . . . . . . . . . Past President BOARD OF GOVERNORS ZONE II DELEGATES Steven N. Goudsouzian Barbara L. Hollenbach Abraham P. Kassis Nicholas Noel, III Alyssa A. Lopiano-Reilly Joel M. Scheer Samuel P. Murray Michael P. Shay Daniel M. O’Donnell Ronald W. Shipman Barbara Rush Renkert Joel H. Ziev Christopher M. Reid Northampton County Reporter Attorney Referral & Information Service 155 South Ninth Street, Easton, PA 18042-4399 Phone (610) 258-6333 Fax (610) 258-8715 E-mail: [email protected] PBA (800) 932-0311—PBI (800) 932-4637 BAR ASSOCIATION STAFF Mary Beth Leeson. . . . . . . . . . . . . . . Executive Director Stephanie Pasquel. . . . . . . . . . . . . . . . . . . . . Accounting Heather Rizzotto-Stefanik. . . . . . . . . . . . . Legal Journal Gloria A. Robison. . . . . . . . . . . . . . . . Attorney Referral Deborah J. Flanagan. . . . . . . . . . . . . . Attorney Referral The Northampton County Reporter will be published every Thursday by the Northampton County Bar Association, 155 South Ninth St., Easton, PA 18042-4399. All legal notices relating to the business of the county, are required by rule of Court, to be published in this Journal. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes to content. Subscription Price—$75.00 per year. Periodical Postage Paid at Easton, PA and additional office. Postmaster: Send all communications and address changes to: NORTHAMPTON COUNTY REPORTER 155 South Ninth St., Easton, PA 18042-4399 Telephone (610) 258-6333 FAX (610) 258-8715 Robert C. Brown, Jr., Esquire Editor 2 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 NOTICE TO NCBA MEMBERS – BAR NEWS Quarterly Association Meeting Thursday, May 22, 2008, 12:00 p.m. at the Best Western, Bethlehem. Program: Malpractice Avoidance Seminar. Registration form inside. Iron Pigs vs. Scranton/Wilkes Barre, July 2nd—Registration form inside. Yankees vs. Blue Jays game—SOLD OUT! Save the Dates! July 24, 2008—Summer Outing Louise Moore Park, Easton September 18, 2008—Quarterly Association Meeting The Candlelight, 12:00 p.m. October 17 & 18, 2008—Bench Bar Conference Crystal Springs Hotel & Conference Center, Vernon, NJ Education is when you read the fine print. Experience is what you get if you don’t.—Pete Seeger 3 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 ESTATE NOTICES Notice is hereby given that in the estate of the decedents set forth below the Register of Wills has granted letters, testamentary or of administration to the persons named. All persons having claims or demands against said estates are requested to make known the same, and all persons indebted to said estates are requested to make payment without delay to the executors or administrators or their attorneys named below. FIRST PUBLICATION ALBANESE, RICHARD A., dec’d. Late of Lower Mt. Bethel, Northampton County, PA Co-Administrators: Richard J. Albanese and Theresa D. Albanese c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045 Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045 CLEMENT, JOSEPH P. a/k/a JOSEPH P. F. CLEMENT, dec’d. Late of Bath, Northampton County, PA Executrix: Kimberly G. Krupka, Esquire, Gross, McGinley, LaBarre & Eaton, LLP, P.O. Box 4060, Allentown, PA 181054060 Attorneys: Kimberly G. Krupka, Esquire, Gross, McGinley, LaBarre & Eaton, LLP, P.O. Box 4060, Allentown, PA 181054060 GEHRES, MARY, dec’d. Late of the Borough of North Catasauqua, Northampton County, PA Administrator: Henry R. Newton, Jr., Esquire c/o Herster, Newton 5/1/2008 & Murphy, 127 N. 4th St., P.O. Box 1087, Easton, PA 180441087 Attorneys: Herster, Newton & Murphy, 127 N. 4th St., P.O. Box 1087, Easton, PA 18044-1087 GILLOW, GAIL L., dec’d. Late of the Township of Lower Mt. Bethel, Northampton County, PA Executor: Ricky Gillow c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 19013-0019 Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 19013-0019 GRUVER, DOROTHY M. a/k/a DOROTHY FLAGLER GRUVER, dec’d. Late of Hellertown, Northampton County, PA Personal Representative: Darwin L. Gruver c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 181033097 Attorney: Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097 HAMMOND, GEORGE A., dec’d. Late of the City of Bethlehem, Northampton County, PA Executrix: Joan P. Sell c/o Michael E. Riskin, Esquire, Riskin and Riskin, 18 E. Market St., P.O. Box 1446, Bethlehem, PA 18016-1446 Attorneys: Michael E. Riskin, Esquire, Riskin and Riskin, 18 E. Market St., P.O. Box 1446, Bethlehem, PA 18016-1446 KOVACS, MARY A., dec’d. Late of Bethlehem, Northampton County, PA 4 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 170, Bethlehem, PA 180185738 McMANUS, EDWARD J., dec’d. Late of the City of Bethlehem, Northampton County, PA Executrix: Patricia A. Zelko c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 MILLER, WALTER A. a/k/a WALTER MILLER, dec’d. Late of Danielsville, Northampton County, PA Co-Executors: Robert Boreman, 504 Church Road, Northampton, PA 18067 and Patricia Brunell, 745 S. Main Street, Bangor, PA 18013 Attorneys: Charles A. Waters, Esquire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080 REDDING, RICHARD J., dec’d. Late of 1741 Levering Place, Bethlehem, Northampton County, PA Executor: Richard E. Redding c/o Norman E. Blatt, Jr., Esquire, Scherline & Associates, 512 Walnut Street, Allentown, PA 18101 Attorneys: Norman E. Blatt, Jr., Esquire, Scherline & Associates, 512 Walnut Street, Allentown, PA 18101 REMSING, MARY F., dec’d. Late of the Borough of Nazareth, Northampton County, PA Co-Executors: Marie McClellan and Joseph Remsing c/o Alfred S. Pierce, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 Executor: Joseph E. Motil c/o John W. Rybak, Esquire, 408 Adams Street, Bethlehem, PA 18105 Attorney: John W. Rybak, Esquire, 408 Adams Street, Bethlehem, PA 18105 KRESGE, DOROTHY R., dec’d. Late of the City of Bethlehem, Northampton County, PA Executor: Roy J. Ludwick, Jr. c/o Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407 Attorneys: Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 180161407 LAMBERT, GRACE A., dec’d. Late of the Township of Upper Nazareth, Northampton County, PA Executrix: Emmeline J. Hadeed c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299 Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299 MARTIN, CAROLINE BETTIE a/k/a C. BETTIE MARTIN, dec’d. Late of the City of Bethlehem, Northampton County, PA Administrator C.T.A.: Paul A. Florenz c/o Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste. 170, Bethlehem, PA 180185738 Attorneys: Jacob S. Kolb, Esquire, Kolb, Vasiliadis and Florenz, 74 West Broad Street, Ste. 5 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Attorneys: Alfred S. Pierce, Esquire, I.D. No. 21445, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 SEIDEL, HELEN, dec’d. Late of the Borough of Wind Gap, Northampton County, PA Executor: Glenn Seidel c/o Carla J. Thomas, Esquire, Thomas & Thomas, 716 Washington Street, Easton, PA 18042 Attorneys: Carla J. Thomas, Esquire, Thomas & Thomas, 716 Washington Street, Easton, PA 18042 SMITH, MIRIAM E., dec’d. Late of the Borough of Nazareth, Northampton County, PA Executrix: Sundra S. Kline c/o Alfred S. Pierce, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 Attorneys: Alfred S. Pierce, Esquire, I.D. No. 21445, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 ZIENTEK, JOSEPHINE F. a/k/a JOSEPHINE ZIENTEK, dec’d. Late of the Township of Bethlehem, Northampton County, PA Executrix: Angela Mary Zientek a/k/a Angela M. Wendland c/o Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407 Attorneys: Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 180161407 ZIENTEK, STEPHEN J., dec’d. Late of the Township of Bethlehem, Northampton County, PA Executrix: Arlene A. Zientek c/o Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407 Attorneys: Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 180161407 SECOND PUBLICATION AMADORE, ARLENE L., dec’d. Late of the Borough of Nazareth, Northampton County, PA Co-Executrices: Darlene A. Klingel, HC 1, Box 48, Saylorsburg, PA 18353 and Stephanie E. Lilly, 156 Spring Street, Nazareth, PA 18064 Attorneys: Peters, Moritz, Pei schl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064 BEST, PEARL M., dec’d. Late of the Township of Lower Nazareth, Northampton County, PA Executrix: Diane White, 491 Manor Drive, Nazareth, PA 18064 Attorney: Holly V. Calantoni, Esquire, 211 West Broad Street, Bethlehem, PA 18018-5517 BETZ, ANDREW M., dec’d. Late of the Township of Upper Nazareth, Northampton County, PA Administrator C.T.A.: Michael A. Betz, III, 4330 Christian Spring Road, Nazareth, PA 18064 Attorneys: Peters, Moritz, Pei schl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083 CHIOTES, GEORGE, dec’d. Late of the City of Easton, Northampton County, PA Executor: Eugene F. Kranz c/o Judith A. Harris, Esquire, Tallman, Hudders & Sorrentino, P.C., The Paragon Centre, 1611 6 5/1/2008 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Pond Road, Suite 300, Allentown, PA 18104 Attorneys: Judith A. Harris, Esquire, Tallman, Hudders & Sorrentino, P.C., The Paragon Centre, 1611 Pond Road, Suite 300, Allentown, PA 18104 COHEN, BEATRICE L., dec’d. Late of 831 Brodhead Court, Easton, Northampton County, PA Executor: Earl T. Cohen c/o Noonan & Prokup, 526 Walnut St., Allentown, PA 18101 Attorneys: Noonan & Prokup, 526 Walnut St., Allentown, PA 18101 CORRELL, LYNN A. a/k/a LYNN ALBERT CORRELL, dec’d. Late of the Township of Palmer, Northampton County, PA Executrix: Patricia D. Correll, 2115 Gruver Avenue, Easton, PA 18045 Attorney: William P. Coffin, Esquire, 100 North Fourth Street, Easton, PA 18042 DeROACH, FRANCES M., dec’d. Late of the City of Bethlehem, Northampton County, PA Administratrix: Judith B. Tanzella c/o Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042 Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042 GEARHART, MARTIN T., dec’d. Late of Nazareth, Northampton County, PA Executrix: Joanne C. Gearhart c/o Randal J. McDowell, Esquire, 221 Noble Plaza, 801 Old York Rd., Jenkintown, PA 19046 Attorney: Randal J. McDowell, Esquire, 221 Noble Plaza, 801 Old York Rd., Jenkintown, PA 19046 GUM, JENNIE B., dec’d. Late of the Township of Washington, Northampton County, PA Executor: Russell L. Brown c/o McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 Attorneys: McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 HANCHETT, DORIS R., dec’d. Late of Hanover Township, Northampton County, PA Executrix: Donna H. Atkinson c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219 Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219 HEARN, HAROLD O., dec’d. Late of the Township of Palmer, Northampton County, PA Executor: Douglas R. Fulmer c/o Ellen S. Kingsley, Esquire, 162 South Union Street, Easton, PA 18042 Attorney: Ellen S. Kingsley, Esquire, 162 South Union Street, Easton, PA 18042 KEMMERER, THOMAS L., dec’d. Late of the Township of Lehigh, Northampton County, PA Executrix: Doris D. Zellers, 3780 Little Gap Road, Palmerton, PA 18071 7 5/1/2008 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 Attorneys: Craig A. Dally, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 POTTER, JOHN B., dec’d. Late of the Township of Upper Mt. Bethel, Northampton County, PA Executor: Harvey J. Potter c/o P. Patrick Morrissey, Esquire, 1318 North Fifth Street, Stroudsburg, PA 18360 Attorney: P. Patrick Morrissey, Esquire, 1318 North Fifth Street, Stroudsburg, PA 18360 RAVIER, MINNIE E., dec’d. Late of Lower Saucon Township, Northampton County, PA Executor: James L. Ravier c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 REIDER, RAYMOND P., JR., dec’d. Late of Forks Township, Northampton County, PA Administrator: Alan P. Reider c/o David R. White, Jr., Esquire, Fineman Krekstein & Harris, P.C., Mellon Bank Center, 1735 Market Street, Ste. 600, Philadelphia, PA 19103 Attorneys: David R. White, Jr., Esquire, Fineman Krekstein & Harris, P.C., Mellon Bank Center, 1735 Market Street, Ste. 600, Philadelphia, PA 19103 RONCO, THOMAS W., dec’d. Late of Roseto Borough, North ampton County, PA Co-Executors: Pasquale Ronco a/k/a Pasqual Ronco and Carl Ronco c/o P. Christopher Cot- Attorneys: James A. Wimmer, Esquire, Philip & Wimmer, 419 Delaware Avenue, P.O. Box 157, Palmerton, PA 18071 KUTAS, SOPHIE A., dec’d. Late of the Borough of Hellertown, Northampton County, PA Executrix: Dorothy V. Weinperl c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 LOKUSHEK, ANN JONES, dec’d. Late of the Township of Palmer, Northampton County, PA Executrix: Bonnie Lee Presto a/k/a Bonnie L. Rogers c/o Thomas L. Walters, Esquire, Lewis and Walters, 46 South Fourth Street, P.O. Box A, Easton, PA 18044-2099 Attorneys: Thomas L. Walters, Esquire, Lewis and Walters, 46 South Fourth Street, P.O. Box A, Easton, PA 18044-2099 MUHR, JOSEPH, dec’d. Late of the Borough of Hellertown, Northampton County, PA Executrix: Elaine B. Rogers c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 POLONI, ANDREW, dec’d. Late of the Township of Upper Nazareth, Northampton County, PA Executrix: Andrea Poloni c/o Craig A. Dally, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 8 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 turo, Esquire, Attorney-at-Law, 75 Bangor Junction Road, Bangor, PA 18013 Attorney: P. Christopher Cotturo, Esquire, Attorney-at-Law, 75 Bangor Junction Road, Bangor, PA 18013 RUNDLE, RUTH L., dec’d. Late of the Borough of Nazareth, Northampton County, PA Executor: Richard W. Rundle, 215 West Second Street, Waynesboro, PA 17268 Attorneys: Clinton T. Barkdoll, Esquire, Kulla, Barkdoll, Ullman & Painter, P.C., 9 East Main Street, Waynesboro, PA 17268 SCHUCH, FELIX S., dec’d. Late of the Township of Lower Nazareth, Northampton County, PA Co-Executors: Marie A. Cunningham, William F. Schuch and Felix M. Schuch c/o Craig A. Dally, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 Attorneys: Craig A. Dally, Esquire, Pierce & Dally, LLP, 124 Belvidere Street, Nazareth, PA 18064 STACHOWICZ, FREDERICK, dec’d. Late of the City of Bethlehem, Northampton County, PA Executor: Robert Stachowicz c/o Keith D. Cacciatore, Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA 18017 Attorney: Keith D. Cacciatore, Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA 18017 VETROSKY, STEPHEN T., dec’d. Late of the City of Bethlehem, Northampton County, PA 5/1/2008 Executor: Gene P. Miller c/o Melissa P. Rudas, Esquire, Attorney-at-Law, 140 East Broad Street, Bethlehem, PA 18018 Attorney: Melissa P. Rudas, Esquire, Attorney-at-Law, 140 East Broad Street, Bethlehem, PA 18018 WARGYAS, STEPHANIE, dec’d. Late of South Whitehall Township, Lehigh County, PA Executor: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726 WIEDER, DALE A., SR., dec’d. Late of the City of Easton, Northampton County, PA Executrix: Evelyn J. Burke, 322 W. Wilkes Barre Street, Easton, PA 18042 Attorney: Beth A. Knickerbocker, Esquire Third Floor, 100 North Third Street, Easton, PA 18042 THIRD PUBLICATION CUOMO, DONALD C., dec’d. Late of Lower Saucon Township, Northampton County, PA Executor: Keith F. Cuomo c/o Joel M. Scheer, Esquire, Fishbone & Scheer, 940 W. Lafayette Street, Easton, PA 18042 Attorneys: Joel M. Scheer, Esquire, Fishbone & Scheer, 940 W. Lafayette Street, Easton, PA 18042 DUCY, WILBERT a/k/a WILBERT W. DUCY, dec’d. Late of the Township of Lower Mt. Bethel, Northampton County, PA Executrix: Sharron Carpenter c/o Yvonne Falcone Gundry, Esquire, 22 Market Street, P.O. 9 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Box 19, Bangor, PA 180130019 Attorney: Yvonne Falcone Gundry, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 180130019 ERB, DONALD PETER, dec’d. Late of the City of Nazareth, Northampton County, PA Executrix: Joan Erb c/o Keith D. Cacciatore, Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA 18017 Attorney: Keith D. Cacciatore, Esquire, Suite 302, 2045 Westgate Drive, Bethlehem, PA 18017 FOGEL, MARJORIE E., dec’d. Late of the Township of Washington, Northampton County, PA Co-Executors: William C. Fogel and Kathy Strouse c/o McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 Attorneys: McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 KITCHEN, RUTH ELIZABETH, dec’d. Late of the Borough of Nazareth, Northampton County, PA Executrix: Ruth Ann Rush c/o Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020 Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020 LAMBERT, BERNARD W., dec’d. Late of the Borough of Bath, Northampton County, PA 5/1/2008 Executrix: Tammy J. Yob, 135 Wolf Street, Bath, PA 18014 Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014 MENTESANA, VELMA, dec’d. Late of the Borough of Wilson, Northampton County, PA Executor: Charles S. Smith, Esquire, 340 Dogwood Terrace, Easton, PA 18040 Attorney: Charles S. Smith, Esquire, 340 Dogwood Terrace, Easton, PA 18040 MILLS, BARBARA H., dec’d. Late of Upper Nazareth Township, Northampton County, PA Co-Executors: Dennis G. Mills, Jr. and William C. Mills c/o Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 18042-3606 Attorneys: Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 18042-3606 NEWMAN, ROBERT W., dec’d. Late of Plainfield Township, Northampton County, PA Executor: Philip M. Chambers c/o Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 180423606 Attorneys: Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 18042-3606 QUIER, FERN E., dec’d. Late of the Township of Bushkill, Northampton County, PA Executor: Donald M. Miller c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299 10 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 Attorneys: Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 180161407 TREIBLE, REEDER EDISON a/k/a R. EDISON TREIBLE a/k/a REEDER E. TREIBLE, dec’d. Late of the Borough of Bangor, Northampton County, PA Executor: Reed Robert Treible c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019 Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019 UHL, DOROTHY K., dec’d. Late of the Township of Bethlehem, Northampton County, PA Executrix: Pamela J. Boyer c/o Harry Newman, Esquire, Harry Newman & Associates, P.C., 3897 Adler Place, Suite 180C, Bethlehem, PA 18017 Attorneys: Harry Newman, Esquire, Harry Newman & Associates, P.C., 3897 Adler Place, Suite 180C, Bethlehem, PA 18017 VAUGHN, MARILYN FRANCES a/k/a MARILYN F. VAUGHN, dec’d. Late of Palmer Township, North ampton County, PA Executrix: Arlene Mary Styles c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045 Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045 NOTICE OF INCORPORATION NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299 SABATINE, HELEN, dec’d. Late of the Township of Lower Mt. Bethel, Northampton County, PA Executor: David Sabatine c/o McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 Attorneys: McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013 SERFASS, NAOMI T., dec’d. Late of the Borough of Wind Gap, Northampton County, PA Executrix: Dona E. Bandzi c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019 Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019 SMITH, SHIRLEY I., dec’d. Late of Plainfield Township, Northampton County, PA Executor: Arthur A. Smith c/o Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 18042-3606 Attorneys: Robert H. Jacobs, Esquire, Jacobs & Jacobs, 8 Centre Square, Easton, PA 18042-3606 TINSMAN, ROBERT E., JR. a/k/a ROBERT E. TINSMAN, dec’d. Late of the City of Bethlehem, Northampton County, PA Executrix: Barbara A. Tinsman c/o Littner, Deschler & Littner, 512 N. New St., P.O. Box 1407, Bethlehem, PA 18016-1407 11 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 P.L. 1444, No. 177, by the following nonprofit corporation: KELLYN FOUNDATION The purpose for which it has been organized is: The corporation is organized exclusively for charitable, religious, educational and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future federal tax code. The Articles of Incorporation were filed on April 14, 2008, and are effective upon filing. TIMOTHY J. DUCKWORTH, ESQUIRE MOSEBACH, FUNT, DAYTON & DUCKWORTH, P.C. 2045 Westgate Drive Suite 404 Bethlehem, PA 18017 May 1 with the Department of State of the Commonwealth for: GEMZO, INC. The corporation has been incorporated under the Pennsylvania Business Corporation Law of 1988, as amended. McFALL, LAYMAN & JORDAN, P.C. 134 Broadway Bangor, PA 18013 May 1 FICTITIOUS NAME REGISTRATION NOTICE NOTICE IS HEREBY GIVEN, pursuant to the provisions of Act 295 of 1982 of intention to file, or the filing of, in the Office of the Secretary of the Commonwealth, at Harrisburg, Pennsylvania, a certificate for the conduct of a business in Pennsylvania, under the assumed or fictitious name, style or designation of: JH CRYSTAL WEAR with its principal place of business at: 1034 N. New Street, Bethlehem, Pennsylvania 18018. The individual interested in the said business is: Joan L. Haas, 1034 N. New Street, Bethlehem, Pennsylvania 18018. JAMES L. BROUGHAL, ESQUIRE BROUGHAL & DeVITO, L.L.P. 38 West Market Street Bethlehem, PA 18018 May 1 NOTICE OF NONPROFIT INCORPORATION NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Nonprofit Corporation Law of the Commonwealth of Pennsylvania, Act of December 21, 1988, 5/1/2008 CORPORATE FICTITIOUS NAME REGISTRATION NOTICE NOTICE IS HEREBY GIVEN pursuant to the provisions of Act 295 of 1982 (54 Pa. C.S.A. Sec. 311 et seq.), as amended, of the filing of, in the Office of the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, a Certificate for the conduct of a business in Northampton County, Pennsylvania, under the assumed or fictitious name, style or designation of: KEN SHIFFERT & SON CUSTOM HOMES & FRAMING with its principal place of business at: 603 Fehr Road, Nazareth, PA 18064. The name and address of the entity owning or interested in said business is: Shiffert Construction, Inc., 12 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE 155 South 9th Street Easton, PA 18042 Telephone: (610) 258-6333 WILLIAM J. McCARTHY, III, ESQUIRE Attorney I.D. #07894 McCARTHY LAW OFFICES Attorneys for Borough of Northampton 1319 Main Street Hellertown, PA 18055 Telephone No.: (610) 838-6050 May 1 603 Fehr Road, Nazareth, PA 18064. The Certificate was filed on March 14, 2008. JAMES L. ZULICK, ESQUIRE PETERS, MORITZ, PEISCHL, ZULICK, LANDES & BRIENZA, LLP 1 South Main Street Nazareth, PA 18064 May 1 IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CIVIL DIVISION CIVIL ACTION—QUIET TITLE BOROUGH OF NORTHAMPTON vs. MAXWELL COHEN, his heirs and assigns And EDWARD SHOUP a.k.a Edward Shroup, his heirs and assigns And Any and all other persons or entities known or unknown having or claiming to have any right, title or interest adverse to Plaintiff in the subject premises TAX PARCEL M4 NW 1B-544 No.: C0048CV2008002425 IMPORTANT NOTICE All potential interested parties, be advised that you are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. A motion for judgment of this matter will be presented at Motions Court of May 29, 2008 at 9:00 A.M. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BE- NOTICE NOTICE OF INTENT OF THE NORTHAMPTON AREA SCHOOL DISTRICT BOARD OF SCHOOL DIRECTORS TO LEVY, ASSESS AND COLLECT A REALTY TRANSFER TAX AND TO AUTHORIZE THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH OF PENNSYLVANIA TO DETERMINE, COLLECT AND ENFORCE THE TAX, INTEREST AND PENALTIES NOTICE IS HEREBY GIVEN pursuant to the Act of December 31, 1965, P.L. 1257, §4, as amended 53 P.S. §6904, known as the “Local Tax Enabling Act”, that the Northampton Area School District Board of School Directors (herein called Board) under the authority of the Act of March 4, 1971 P.L. 6, No. 2, as amended 72 P.S. §8101-C et seq. and §8101-D et seq. intends to adopt a Realty Transfer Tax Resolution at a duly advertised public meeting on May 19, 2008. The Resolution authorizes the Board to repeal a prior Realty Transfer Tax Resolution and to levy, assess and collect for general revenue purposes effective July 1, 2008 a tax upon a transfer of real property or an interest 13 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 in real property within the limits of the Northampton Area School District regardless of where the instruments making the transfer are made, executed or delivered or where the actual settlements on the transfer take place. The tax imposed under the Resolution shall be subject to rate limitations provided by §§5, 8 and 17 of “The Local Tax Enabling Act,” 53 P.S. §§6905, 6908, 6917. The amount of revenue to be derived from the tax is dependent upon the number of transfers of real property or an interest in real property. The tax author ized under Article XI-D, 72 P.S. §8101-D et seq. shall be administered, collected and enforced under the “Local Tax Enabling Act” provided, however, that, if the correct amount of the tax is not paid by the last date prescribed for timely payment as provided for in Article XI-C, 72 P.S. §8102-C, the Department of Revenue may determine the tax, interest and penalty pursuant to Article XI-D, 72 P.S. §8109-D and may collect and enforce the tax, interest and penalty in the same manner as tax, interest and penalty imposed by Article XI-C, 72 P.S. 8101-C et seq. Terry A. Leh, Secretary Northampton Area School District Board of School Directors Apr. 24; May 1, 8 5/1/2008 filed, praying for a decree to change his name to Heather Justina Stala. The Court has fixed July 2, 2008, at 9:00 A.M., in Courtroom 4, Northampton County Courthouse, 669 Washington Street, Easton, Pennsylvania, for the hearing. All persons interested may appear and show cause, if any they have, why the prayer of the said petition should not be granted. HERBERT G. LITVIN, ESQUIRE Attorney for Petitioner 151 South Seventh Street Easton, PA 18042 May 1 SHERIFF’S SALE OF VALUABLE REAL ESTATE The following real estate will be sold by the Sheriff of Northampton County, Pennsylvania, on MAY 9, 2008 at ten o’clock a.m. in the COUNCIL CHAMBERS, THIRD FLOOR, of the Northampton County Government Center, within the City of Easton, County of Northampton and State of Pennsylvania, to wit: PLEASE TAKE NOTICE that the sale price will include only the delinquent taxes certified to the Sheriff’s Office. Any current taxes are the responsibility of the purchaser. No. 2 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010395 ALL THAT CERTAIN lot or piece of ground with the dwelling, house erected thereon known as No. 206 North 11th Street, Easton, Pennsylvania, Situated on the East side of North 11th Street, in the City of Easton, County of Northampton and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on North 11th Street, 52 1/2 feet North of Spring Garden Street; thence extend- IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY CHANGE OF NAME NOTICE IN RE: Change of name of ADAM JUSTIN STALA a/k/a ADAM J. STALA, SR. a/k/a ADAM J. STALA NO. C-48-CV-2008-4130 NOTICE IS HEREBY GIVEN that on April 28, 2008, the Petition of Adam Justin Stala a/k/a Adam J. Stala, Sr. a/k/a Adam J. Stala was 14 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 ing Eastwardly at right angles to North 11th Street 100 feet to a 10 feet wide private alley; thence Northwardly along said alley 12 1/2 feet to a point; thence Westwardly along property now or late of William J. Kane, 100 feet to said North 11th Street; thence Southwardly along said North 11th Street 12 1/2 feet to the place of beginning. Bounded on the North by property now or late of William J. Kane, on the East by the 10 feet wide private alley aforesaid, on the South by property now or late of George W. Youngkin, and on the West by the said North 11th Street. PARCEL NO: L9NE4D-30-5. BEING THE SAME PREMISES which Dennis Keith Group, LTD, Trustee of the 2006 North Eleventh Street Land Trust, by Deed dated December 1, 2005 and recorded April 6, 2006 in the Office for the Recorder of Deeds in and for the County of Northampton in Deed Book 2006-1 Page 137492, granted and conveyed unto Matthew Gleason, in fee. THEREON BEING ERECTED a two and one-half story one-half of a double brick dwelling with shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Matthew Gleason. LAUREN R. TABAS, ESQUIRE 5/1/2008 corder of Deeds Office in and for Northampton County, Pennsylvania in Map Book Vol 2003-5, Page 358, being more fully bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Gillian Lane (50 feet wide), said point being the southwest corner of Lot 288 and the northwest corner of the herein described Lot 289; thence along the southern boundary line of Lot 288, North eighty-nine degrees, twenty-nine minutes twentynine seconds East (N 89° 29’ 29” E), a distance of one hundred eleven and eighty-seven one-hundredths feet (111.87’) to a point; thence along the western boundary lines of Lots 277 and 276, South two degrees twenty-nine minutes fifty-seven seconds East (S 02° 29’ 57” E), a distance of forty-two and seventy-seven one-hundredths feet (42.77’ ) to a point; thence along the northern boundary line of Lot 290, South eighty-nine degrees twenty-nine minutes twentynine seconds West (S 89° 29’ 29” W), a distance of one hundred sixteen and thirteen one-hundredths feet (116.13’) to a point; thence along the eastern right-ofway line of Gillian Lane along a curve to the right, having a radius of nine hundred seventy-seven and zero onehundredths (977.00’), a central angle of two degrees thirty minutes fortythree seconds (02° 30’ 43”), a length along the arc of forty-two and eightyfour one-hundredths feet (42.84’), and a tangent distance of twenty-one and forty-two one-hundredths feet (21.42’) to the place of BEGINNING. VESTED by Warranty Deed, dated 10/4/04, given by Hornestein Enterprises, Inc. to Phillip B. Jack- No. 3 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-009740 ALL THAT CERTAIN messuage, tenement, and lot or parcel of land situate in the Township of Forks, Northampton County, Pennsylvania, designated as Lot No 289 on the Plan of Penn’s Ridge, Phases 10 and 12, as said Plan is recorded in the Re- 15 NORTHAMPTON COUNTY REPORTER son and recorded 10/28/04 in Book 2004-1 Page 419001 Instrument #2004066614. Premises being: 2530 GILLIAN LANE, EASTON, PA 18040-5820. Tax Parcel No. K9-10-6-289. THEREON BEING ERECTED a two story townhouse w/attached twocar garage, brick and vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Phillip B. Jackson. DANIEL G. SCHMIEG, ESQUIRE No. 4 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-006191 All that certain property situated in the TOWNSHIP OF MOORE, in the County of NORTHAMPTON, and the Commonwealth of PENNSYLVANIA, being described as follows. PARCEL G5-16-9 and being more fully described in a deed dated 08/20/1997, and recorded 09/29/1997, among the land recorded of the county and state set forth above, in Deed Book 19971 Page 93482. AND ALSO DESCRIBED AS: TRACT NO. 1 ALL THAT CERTAIN tract, piece of land, together with the improvements thereon, situate in the Township of Moore, County of Northampton and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin on the line of lands of Miller, thence along the eastern right-of-way of a township road and through lands now or late of Arthur S. Muffley and Alma Muffley, his wife, of which the herein described tract was formerly a part, North 38 degrees 00 minutes East, a distance of 200.00 feet to an iron pin; thence still through lands of the said Vol. 55 No. 18 16 5/1/2008 Arthur S. Muffley South 76 degrees 05 minutes East, a distance of 200.00 feet to an iron pin; thence by same South 38 degrees 00 minutes West for a distance of 200.00 fee to an iron pin on the line of lands of Miller; thence along said line North 76 degrees 05 minutes West, for a distance of 200.00 feet to the place of BEGINNING. CONTAINING 0.912 acres. TRACT NO. 2 ALL THAT CERTAIN messuage, tenement and tract or piece of land situate in the Township of Moore, Northampton County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the eastern right-of-way line of Township Road No. 588, said iron pipe being the northwestern corner of a parcel of land deeded to Joseph M. Moyer and recorded in deed book volume 279 at page 279, thence along the northern line of Joseph M. Moyer South 76 degrees 05 minutes East, for a distance of 200.00 feet to an iron pin; thence by the same South 38 degrees West, for a distance of 200.00 feet to an iron pin in the line of lands of Y.M.C.A. of Bethlehem, Pennsylvania; thence by the same along a treelined fence and remnants of a barbed wire fence South 74 degrees 49 minutes East, for a distance of 362.16 feet to an iron pipe; thence by the same South 87 degrees 46 minutes East, for a distance of 121.50 feet to an iron pipe set in above-mentioned fence line; thence North 14 degrees 00 minutes 17 seconds East, a distance of 343.45 feet to an iron pipe; thence North 76 degrees 05 minutes West, for a distance of 596.00 feet to an iron pipe set in the Eastern rightof-way line of Township Road No. 588; thence along the Eastern right-of-way line of Township Road No. 588, South 38 degrees West, for a distance of NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 218.00 feet to the place of BEGINNING. Containing 5.09028 acres or 221,732886 square feet of land. TAX PARCEL #: G5-18-9. PROPERTY ADDRESS: 1014 NORTH OAKS ROAD, DANIELSVILLE, PA 18038. THEREON BEING ERECTED a ranch style dwelling with shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Terry Lee Barlip and Gail Ann Seager. MICHAEL T. McKEEVER, ESQUIRE 5/1/2008 Phase Three, North 81 degrees 11’ 20” East 100.00 feet to a point; thence, ALONG the Westerly right-of-way line of Cobblestone Drive, South 08 degrees 48° 40” East 26.00 feet to the Point of Beginning. CONTAINING: 2,600 sq. ft. or 0.0597 acres. TAX PARCEL #K9-1-1-50B. Title to said premises is vested in Patrick M. Mayer by deed from CMC Development Corporation dated 4/8/2005 and recorded 4/13/2005 in Deed Book 2005-1, Page 132534. TAX I.D. #: K9-1-1-50-B. BEING KNOWN AS 22 COBBLESTONE DRIVE, EASTON, PA 18045. THEREON BEING ERECTED a two story townhouse w/attached onecar garage, stone and vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Patrick M. Mayer. MARC S. WEISBERG, ESQUIRE No. 5 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010264 ALL THAT CERTAIN parcel of land known as Lot No. T3-50 located in Palmer Township, Northampton County, Commonwealth of Pennsylvania, as shown on a plan entitled “The Villages At Mill Race Record Plan Phase III” prepared by Harte Engineering, Inc., recorded September 17, 2004, in Northampton County Map Book Volume 2004-5, pages 613, et seq., bounded and described as follows: BEGINNING at a point on the Westerly right-of-way line of Cobblestone Drive, said point being in line with the lands known as Lot T3-51 of The Villages At Mill Race, Phase Three; thence, ALONG said Lot T3-51, South 81 degrees 11’ 20” West 100.00 feet to a point; thence, ALONG the lands known as Lot 3-21 of The Villages At Mill Race, Phase Three, North 08 degrees 48’ 40” West 26.00 feet to a point; thence, ALONG the lands known as Lot T3-49 of The Villages At Mill Race, No. 6 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010459 Beginning at a stone in the middle of a public road leading from Point Phillips to Danielsville thence South fifty-two degrees East six and eighttenths perches to a stone, thence South twenty-three and one-half degrees East fourteen and six-tenths perches to a stone in the middle of said public road, thence South twenty-six and one-half degrees West fourteen and seven-tenths perches to a private lane, thence along lands of William Green South eighty-eight and one-half degrees West thirteen and eight-tenths perches to a stone, thence along land of Heber I. Schafer North twelve and one-half degrees 17 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 East twenty-seven and eight-tenths perches to a stone in the middle of said public road, the place of Beginning. Containing two acres and fifteen perches, be the same more or less. Situate in Moore Township. Also known as Northampton County Parcel Identifier Number G5-13-8. TITLE TO SAID PREMISES IS VESTED IN Jeffrey W. Harrich, single, by Deed from Robert Imbody, single, dated 05/08/2007, recorded 05/16/2007, in Deed Book 2007-1, page 181071. Premises being: 2793 DELPS ROAD, DANIELSVILLE, PA 18038. Tax Parcel No. G5-13-8-0520. THEREON BEING ERECTED a two story single dwelling with vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Jeffrey W. Harrich. DANIEL G. SCHMIEG, ESQUIRE No. 8 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010741 PARCEL ID: L7-13-5. PARCEL NO. 2 All that certain piece, parcel or tract of land situate in the Township of Bethlehem, County of Northampton, and Commonwealth of Pennsylvania, shown as Lot 1A of Cross Winds I as recorded in Map Book 92, page 229, in the Office of the Recorder of Deeds for Northampton County of Easton, Pennsylvania, being further bounded and described as follows to wit: Beginning at a point on the northerly night-of-way line of Myriah Court (50.00 feet wide) said point being on line of lands now or formerly of Robert 18 5/1/2008 and Gail Kinitz; thence along said northerly right-of-way line of Myriah Court (50.00 feet wide) the following four courses and distances: 1. Along the arc of a curve deflecting to the left having a radius of 175.00 feet and central angle of 24 degrees 16 minutes 05 seconds for an arc length of 74.12 feet (Chord: South 74 degrees 20 minutes 14 seconds West 73.57 feet) to a point; thence 2. South 62 degrees 12 minutes 11 seconds West 125.28 feet to a point; thence 3. Along the arc of a curve deflecting to the right having a radius of 125.00 feet and central angle 24 degrees 16 minutes 05 seconds for an arc length of 52.95 feet (Chord: South; 74 degrees 20 minutes 14 seconds West 52.55 feet) to a point; thence 4. South 86 degrees 17 seconds West 82.67 feet to a point; Thence along the arc of curve deflecting to the right having a radius of 25.00 feet and central angle of 89 degrees 49 minutes 15 seconds for an arc length of 39.19 feet (Chord: North 48 degrees 37 minutes 04 seconds West 35.30 feet) to a point on the proposed easterly right-of-way line of Farmersville Road (T452)(30.00 feet from centerline); thence along said proposed easterly right-of-way line of Farmersville Road (T452);(30.00 feet from centerline) North 03 degrees 42 minutes 27 seconds West; 53.08 feet to a point on line of lands now or formerly of Robert and Gail Kinitz North 86 degrees 28 minutes 17 seconds East 345.34 feet to a point, the place of beginning. Containing 17,160 square feet of 0.39 acres. Said lot being subject to any and all drainage and utility easements as shown on the final recorded plan. NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Said lot being subject to a sight triangle as shown on final plan. Said lot being known as the following Northampton County Uniform Parcel Identifier Number: Map L7 Block 13 Lot 5. Parcel ID: L7-13-5A. All that certain piece, parcel or tract of land situate in the Township of Bethlehem, County of Northampton, and Commonwealth of Pennsylvania, shown as Lot 1 of Cross Winds I as recorded in Map Book 92, page 229 in the Office of the Recorder of Deeds for Northampton County as East, Pennsylvania, being further bounded and described as follows to wit: Beginning at a point on the proposed easterly right-of-way line of Farmersville Road (T452) (30.00 feet from centerline); said point being on line of lands now or formerly of Moravian Academy; thence along said proposed easterly right-of-way line of Farmersville Road (T452) (30.00 feet from centerline) North 03 degrees 42 minutes 27 seconds West 219.04 feet to a point; thence along the arc of a curve deflecting to the right having a radius of 25 feet and central angle of 90 degrees 10 minutes 44 seconds for an arc length of 39.35 feet (Chord: North 41 degrees 22 minutes 55 seconds East 35.41 feet to a point on the southerly right-of-way line of Myriah Court (50.00 feet wide); thence along said southerly right-ofway line of Myriah Court (50.00 feet wide); the following four courses and distances: 1. North 86 degrees 28 minutes 17 seconds East 82.36 feet to a point; thence 2. Along the arc of a curve deflecting to the left having a radius of 175.00 feet and central angle of 24 5/1/2008 degrees 16 minutes 05 seconds for an arc length 74.12 feet (Chord: North 74 degrees 20 minutes 14 seconds East 73.57 feet) to a point; thence 3. North 62 degrees 12 minutes 11 seconds East 116.52 feet to a point; thence 4. Along the arc of a curve deflecting to the right having a radius of 125.00 feet and central angle of 24 degrees 16 minutes 05 seconds for an arc length of 52.95 feet (Chord: North 74 degrees 20 minutes 14 seconds East 52.55 feet) to a point a corner of Lot 2 of Cross Winds thence along said lands of Lot 2 of Cross Winds I South 04 degrees 24 minutes 58 seconds 316.76 feet to a point on line of lands now or formerly of Moravian Academy; thence along said lands now or formerly of Moravian Academy South 86 degrees 10 minutes 11 seconds West 341.11 feet to a point, the place of beginning. Containing 90.694 square feet or 2.08 acres. Said lot being subject to any and all drainage and utility easements as shown on the final recorded plan. Said lot being subject to a sight triangle as shown on the final recorded plan. Said lot being known as the following Northampton County Uniform Parcel Identifier Number: Map L7, Block 13, Lot 5A. Under and Subject to covenants and conditions set forth on a certain Declaration of Restrictive Covenants, dated September 23, 1992 and recorded in the office of the recording of deeds Northampton County, in Misc. Vol. 455, page 478. Being Known as 4200 Myriah Court Bethlehem, PA 18020. THEREON BEING ERECTED a two story single dwelling with brick 19 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 and vinyl siding exterior and shingle roof; attached two-car garage with apartment; in-ground pool. SEIZED AND TAKEN into execution of the writ as the property of James E. Bourdeau and Carmen I. Bourdeau. MICHAEL T. McKEEVER, ESQUIRE 5/1/2008 SEIZED AND TAKEN into execution of the writ as the property of Marilou Medellin-Vogt. DANIEL J. MANCINI, ESQUIRE No. 10 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-006652 All that certain tract or parcel of land situate in the City of Bethlehem, County of Northampton, and Commonwealth of Pennsylvania, known as 630 Broadway, bounded and described as follows: Beginning at a point in the eastern line of Broadway, said point being one hundred fifty-two (152) feet north of the northeast corner of Alaska Street and Broadway; thence by line passing through the middle of the partition wall of dwellings No. 630 and No. 632 Broadway south thirty-five degrees fifteen minutes east (S 35° 15’ E) a distance of one hundred twenty (120) feet to a point in the western line of Canning Street; thence along the same north fifty-four degrees fortyfive minutes east (N 54° 45’ E) a distance of fourteen and twenty-one one-hundredths (14.21) feet to a point; thence by a line along property known as No. 628 Broadway north thirty-five degrees fifteen minutes west (N 35° 15’ W) one hundred twenty (120) feet to a point in the eastern line of Broadway, said last mentioned line passing through the middle of the partition wall of dwellings known as No. 628 and No. 630 Broadway; thence along the eastern line of Broadway south fifty four degrees forty five minutes west (S 54° 45’ W) a distance of fourteen and twenty-one one-hundredths (14.21) feet to the place of beginning. Northampton County Tax Parcel number: P6SW2C-17-9. No. 9 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010679 ALL THAT CERTAIN tract of land in Section No. 1 Old Forge Estates, Borough of Bath, Northampton County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the westerly property line of Old Forge Drive (45.00 feet wide) said point also marks the northeast corner of Lot No. 14: THENCE (1) along Lot No. 14, west 152.40 feet to a point; THENCE (3) along Lot No. 16, East 152.50 feet to a point; THENCE (4) along the said westerly property line of Old Forge Estates, as shown on final plan of Section No. 1 Old Forge Estates. BEING THE SAME PREMISES that Kenneth A. Lindeman & Mary L. Lindeman, husbank and wife, by Deed dated 8/12/1992 and recorded 8/20/1992 in Northampton County in Deed Book 872 on Page 720 granted and conveyed unto Marilou Medellin. DWELLING KNOWN AS 124 OLD FORGE DRIVE, BATH, PA 18014. IDENTIFIED as TAX/PARCEL ID#: K6NW4B-29 in the Deed Registry Office of Northampton County, Pennsylvania. THEREON BEING ERECTED a two story row dwelling w/attached one-car garage, brick and shingle siding exterior and shingle roof. 20 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 THEREON BEING ERECTED a three story brick row dwelling with shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Mark A. Chiles. LAURENCE R. CHASHIN, ESQUIRE 5/1/2008 being also the northwest corner of Tract No. 1 above described; thence along the western boundary of said Tract No. 1 South no degrees thirty minutes West, two hundred eightytwo and ninety-eight one hundredths feet (S. 0° 30’ W. 282.98’) more or less to a point; thence North eighty-nine degrees thirty minutes West, one hundred fifty-seven and fifty-five one hundredths feet (N. 89° 30’ W. 157.55’) to a corner; thence North no degrees thirty minutes East, two hundred forty-one and five tenths feet (N. 0° 30’ E. 241.5’) to a point on said south building line of Wolf Street; thence along said south building line of Wolf Street North seventy-five degrees forty-five minutes East, one hundred sixty-two and ninety-three one hundredths feet (N. 75° 45’ E. 162.93’) more or less to the point and place of beginning. BOUNDED on the east by Tract No. 1 above described, on the south and west by land now or late of John Brown, and on the north by Wolf Street. Northampton County Tax Parcel number: L9SE1C-26-10-0310. BEING KNOWN AS 734 Wolf Avenue, Easton, Pennsylvania. THEREON BEING ERECTED a one story brick commercial structure with shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Gurshinder Matharu and Harcharan Matharu. LAURENCE R. CHASHIN, ESQUIRE. No. 11 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-007586 ALL THOSE CERTAIN lots or pieces of land with the buildings and improvements thereon erected, and situate on the south side of Wolf Street in the City of Easton, County of Northampton and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT NO. 1: ALL THAT CERTAIN lot or piece of ground situate on the south side of said Wolf Street containing in front on said Wolf Street in the City of Easton containing in front on said Wolf Street 120 feet, more or less, and extending of that same width southwardly 313 feet, more or less, to lands of the central Railroad of New Jersey, bounded on the north by said Wolf Street, on the east by lands now or late of Charles Kolb, on the south by the land of the Central Railroad of New Jersey, and on the west by land of the City of Easton, being Tract No. 2 hereinafter described. TRACT NO. 2: ALL THAT CERTAIN lot or piece of ground situate on the south side of said Wolf Street containing in front on said Wolf Street containing in front on said Wolf Street one hundred sixty-two and ninety-three (162.93’) feet situate immediately to the west of Tract No. 1, above described, and more particularly bounded and described as follows, to wit: BEGINNING at a point on the south building line of said Wolf Street, No. 12 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-004350 ALL THAT CERTAIN house and lot of land situate on the South side of Jackson Street in the City of Easton, County of Northampton and State of 21 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the South side of Jackson Street, fortytwo and one-half feet (42 1/2’) East from the Southeast corner of Eighth and Jackson Streets; thence extending Eastwardly along the South side of said Jackson Street, twenty-two and one-half feet (22 1/2’) to a point; thence extending South of that width ninety-two feet (92’) in depth to an eight feet (8’) wide private alley. BOUNDED on the North by said Jackson Street, on the East by R. Dewitt Hawk, on the South by said alley and on the West by land of Edward Y. Fairer. Northampton County Tax parcel number: L9NE4C-5-03. BEING KNOWN AS 726 Jackson Street, Easton, Pennsylvania. THEREON BEING ERECTED a two and one-half story one-half of a double dwelling with aluminum siding exterior. SEIZED AND TAKEN into execution of the writ as the property of John J. Lilly. LAURENCE R. CHASHIN, ESQUIRE 5/1/2008 BEGINNING at a point, the southwest corner of Oak and Sassafras Streets; thence along the west side of Oak Street South 4° - 30’ East 51.60 feet to a point, thence through land now or late of James P. McNamee and Dorothy J. McNamee of which this was a part and along a concrete wall South 85° - 30’ West 11.00 feet to a point; thence along the line between 724 & 726 Sassafras Street North 4° - 30’ West 26.50 feet of which the northerly 8.25 feet is in the center partition wall of a double dwelling; thence in the center partition wall of the said double dwelling the following two (2) courses and distances (1) North 35° - 27’ - 49” West 2.91 feet to a point; (2) North 4° - 30’ West 22.60 feet to a point on the south side of Sassafras Street; thence along the south side of Sassafras Street North 85° - 30’ East 12.50 feet to the place of Beginning. CONTAINING 603 square feet of land. Northampton County Tax Parcel number: L9NE4C-22-1B 0310. THEREON BEING ERECTED a two and one-half story one-half of a double brick dwelling with slate roof. SEIZED AND TAKEN into execution of the writ as the property of Glenn D. Springfield. LAURENCE R. CHASHIN, ESQUIRE No. 16 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-007582 ALL THAT CERTAIN lot or piece of land together with the improvements thereon erected, known and numbered as 724 Sassafras Street, situate in the City of Easton, Northampton County, Pennsylvania, as shown on the subdivision plan of James P. McNamee and Dorothy J. McNamee, his wife, prepared by T & T Associates, Civil Engineers, dated January 5, 1977, as recorded in Map Book 42, Page 16, bounded and described as follows, to wit: No. 17 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010971 All THAT CERTAIN tract or parcel of land situate along the southerly side of East Main Street in the Borough of Bath, County of Northampton, and Commonwealth of Pennsylvania, being Lot #2 as shown on the Final Plan of Subdivision for Lorin A. Arthofer as recorded in Map Book 60, 22 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 page 16, in the Northampton County Recorder of Deeds Office, more particularly bounded and described as follows, to wit: BEGINNING at a point in the centerline of East Main Street, LR-48063, said point being the northeasterly property corner of the herein described tract; thence in and through lands now or late of Lorin A. Arthofer, the herein named grantor, and passing through a reference point at 25 feet, South 25 degrees 09 minutes West, 193.08 feet to a point; thence continuing in and through lands of said grantor, South 44 degrees 00 minutes West 100.00 feet to a point; thence along the easterly property line of lands now or late of Northampton School District, North 5 degrees 49 minutes East, (erroneously stated in prior Deed as North 5 degrees 49 minutes West), 53.45 feet to a point; thence along land of the grantor, about to be conveyed to Dianne A. Smith, as described in Parcel No. 2 (Lot #3) and passing through a reference point at 212.28 feet, North 25 degrees 09 minutes East, 237.28 feet to a point; thence along the centerline of East Main Street, LR-48063, South 64 degrees 51 minutes East, 50.00 feet to the point or place of BEGINNING. CONTAINING in area 12,412.17 square fee. ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER: MAP K6SW2B BLOCK 2 LOT 5A-1. BEING KNOWN AS 534 East Main Street, Bath, Pennsylvania. THEREON BEING ERECTED a two story one-half of a double dwelling w/attached garage, vinyl siding exterior and shingle roof. 5/1/2008 SEIZED AND TAKEN into execution of the writ as the property of Lee Stein and Wendy Stein, MICHAEL McKEEVER, ESQUIRE No. 20 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010175 ALL THAT CERTAIN messuage or tenement and three (3) contiguous lots or pieces of land situate in the Borough of Nazareth, formerly the Township of Upper Nazareth, County of Northampton and State of Pennsylvania, designated and numbered on plan or draft of Bissell’s West End Building Lots, entered of record at Easton, Pennsylvania, as Lots Nos. 149, 150 and 151, said lots being each twenty-five (25) feet in front on the South side of Heckman Avenue, or an aggregate of seventy-five (75) feet, and of that width extending throughout Southwardly one hundred twenty (120) feet in depth to Locker Street; bounded on the North by Heckman Avenue, on the South by Locker Street, on the East by Lot No. 148 and on the West by Lot No. 152 and lands of Gracedale. TITLE TO SAID PREMISES IS VESTED IN David T. Gosnell, unmarried, by Deed from Hilda Deutsch, widow, dated 04/19/2002, recorded 04/26/2002, in Deed Book 2002-1, page 108655. Premises being: 711 HECKMAN AVENUE, NAZARETH, PA 18064. Tax Parcel No. J7SE4-3-1. THEREON BEING ERECTED a two story single dwelling with asbestos shingle siding and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of David Gosnell. DANIEL G. SCHMIEG, ESQUIRE 23 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 No. 21 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-009309 ALL THAT CERTAIN messuage, tenement and lot or piece of land, with improvements thereon erected, situate in the City of Bethlehem, County of Northampton and Commonwealth of Pennsylvania, commonly known and designated as No. 642 Broadway, bounded and described as follows to wit; BEGINNING at a point in the Eastern line of Broadway, said point being sixty (60 feet).feet North of the Northeastern Intersection of Broadway and Alaska Street; thence by a line at right angles to Broadway, passing through a partition of a twin brick dwelling, known as Nos. 640 and 642 Broadway, a distance of one hundred twenty (120 feet) feet to a point in the Western line of Canning Street (a twenty [20 feet] feet wide street); thence Southwardly along the same a distance of twenty (20 feet) feet to a point thence Westwardly by a line at right angles to Broadway, a distance of one hundred twenty (120 feet) feet to a point in the Eastern line of Broadway, thence Northwardly along the same a distance of twenty (20 feet) feet to the point, the place of Beginning. KNOWN AS Northampton County Uniform Parcel Identifier; MAP, P6SW2C BLOCK:17 LOT: 3. THEREON BEING ERECTED a two and one-half story one-half of a double brick dwelling with shingle roof; detached two-car garage. SEIZED AND TAKEN into execution of the writ as the property of Sandra Sudziarski. MICHAEL T. McKEEVER, ESQUIRE 5/1/2008 No. 23 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-008203 ALL THAT CERTAIN messuage, tenement, tract or piece of land situate in the Township of Plainfield, County of Northampton and Commonwealth of Pennsylvania, bounded and described as follows, to-wit: BEGINNING at an iron pin the northern line of land of the Lehigh Navigation and Electric Company and 20 feet West, at a right angle from the center line of State Highway Route No. 115; thence along said land of the Lehigh Navigation and Electric Company South eighty four (84) degrees, eleven (11) minutes and thirty (30) seconds West 205.54 feet to an iron pin; thence along land now or late of Madison Walter Owen, and Ruth Elaine Owen, his wife, of which this was a part, North nineteen (19) degrees, eight (8) minutes and thirty (30) seconds West 54.2 feet to an iron pin, thence along land of the same, North seventy (70) degrees fifty-one (51) minutes and thirty (30) seconds East 200 feet to an iron pin 20 feet West at a right angle from the center line of the aforesaid State Highway; thence parallel with and 20 feet from said center line, South nineteen (19) degrees, eight (8) minutes and thirty (30) seconds East 102.6 feet to the place of beginning. HAVING erected thereon a dwelling house known as 5721 Sullivan Trail, Nazareth, Pennsylvania 18064. BEING the same property which Clayton C. Biechy, Jr., by Deed dated October 15, 1984 and recorded October 17, 1984 in the Recorder’s Office of Northampton County, Pennsylvania, in Deed Book Volume 672, 24 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 page 178, granted and conveyed unto James V. Pacovich and Carol L. Pacovich, his wife. PARCEL NUMBER: H8SE1 1 4 0626. THEREON BEING ERECTED a cape style dwelling with aluminum siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of James V. Pacovich and Carol L. Pacovich. BRETT A. SOLOMON, ESQUIRE 5/1/2008 Northampton County Tax Parcel #J4SW1-2-3. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Steven Gallagher, by Deed from Equitis Group, L.P., dated 05/05/2006, recorded 05/23/2006, in Deed Book 2006-1, page 204531. Premises being: 3741 TEAK DRIVE, NORTHAMPTON, PA18067. Tax Parcel No. J4SW1-2-3. THEREON BEING ERECTED a two story single dwelling with attached one-car garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Steven Gallagher. DANIEL G. SCHMIEG, ESQUIRE No. 24 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010461 All that certain messuage or tenement and parcel or piece of land situate in Indian Trail Heights, Lehigh Township, County of Northampton, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at an iron pin at the intersection of East Avenue and Avenue A; thence along Avenue A South 87 degrees West for a distance of eighty (80.00) feet to an iron pin; thence along lands now or late of Russell E. Reinhard and Emma D. Reinhard, his wife, South 03 degrees East for a distance of eighty (80.00) feet to an iron pin on the North side of Avenue B; thence along Avenue B North 87 degrees East for a distance of eighty-eight (88.00) feet to an iron pin on the East side of East Avenue; thence along East Avenue North 08 degrees 42 minutes West for a distance of eighty (80.00) feet four and three-fourths (4.75) inches to the place of beginning. Being known and numbered as 3741 Teak Dr., Northampton, PA 18067. No. 25 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010436 ALL THAT CERTAIN parcel of land situate in Forks Township, Northampton County, Pennsylvania, and being more particularly bounded and described as follows, to wit: BEGINNING at a point in the northerly right of way line of Paxinosa Road East and being a corner of lands now or formerly of Patricia Simonetta; thence 1) northerly along lands now or formerly of Patricia Simonetta, North 25 degrees 43 minutes 21 seconds West 180.00 feet to a point in line of lands now or formerly of Wayne Paff; thence 2) easterly along lands now or formerly of Wayne Paff, North 64 degrees 16 minutes 39 seconds East 164.23 feet to a point in line of lands now or formerly of Thomas Fagan; thence 3) southerly along land now or formerly of Thomas Fagan, South 25 degrees 43 minutes 21 seconds East 180.00 feet to a point in the northerly right of way 25 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 line of Paxinosa Road East; thence 4) westerly along the northerly right of way line of Paxinosa Road East, South 64 degrees 16 minutes 39 seconds West 164.23 feet to a point, the place of beginning. BEING KNOWN AS NORTHAMPTON COUNTY TAX PARCEL IDENTIFIER NO. K9SE3-10-6. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Merielen Mollo, by Deed from John A. Hawk, Jr., dated 02/01/2005, recorded 02/03/2005, in Deed Book 2005-1, page 44235. Premises being: 200 EAST PAXINOSA ROAD, FORKS TOWNSHIP, PA 18040-1335. Tax Parcel No. K9SE3-10-6. THEREON BEING ERECTED a two story single stucco dwelling with shingle roof; in-ground pool. SEIZED AND TAKEN into execution of the writ as the property of Merielen Mollo. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 53 minutes East a distance of 70 feet from a concrete monument located at the Northwest corner of Southwood and Baldwin Drives; thence between Lot No. 610 and Lot No. 611 North 65 degrees 53 minutes East, a distance of 150 feet to a point in the boundary line between Lot No. 610 and unnumbered lands to the East thereof; thence by the said line North 24 degrees 07 minutes West a distance of 78.70 feet to a point in the boundary line between Lot No. 610 and Lot No. 609; thence by the said line South 60 degrees 15 minutes West a distance of 151.74 feet to a point on the East side of Southwood Drive; thence along Southwood Drive around a curve to the left with a radius of 115 feet, a distance of 35.93 feet along the arc to a point; thence still along Southwood Drive South 24 degrees 07 minutes East a distance of 90 feet to the place of beginning. Parcel No. M8SE3-23-2. BEING THE SAME PREMISES which Jonathan Honsel, by Deed dated November 21, 2006 and recorded in the Office of the Recorder of Deeds of Northampton County on December 18, 2006 in Deed Book Volume 2006-1, Page 518336, granted and conveyed unto Petra Termini. THEREON BEING ERECTED a two story single wood dwelling w/ attached two-car garage and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Petra Termini. KRISTINE M. ANTHOU, ESQUIRE No. 28 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-008868 ALL THAT CERTAIN lot or piece of ground situate on the East side of Southwood Drive, known as No. 3534 Southwood Drive, Palmer Township, Northampton County, Pennsylvania, being all of Lot No. 610 as shown on Plan of Old Orchard, Section “F” dated 8/1964, prepared by E.T. Sales, Inc., Registered Professional Engineers and entered of record in the Northampton County Recorder’s Office in Plan Book 19, Page 45, bounded and described as follows: BEGINNING at a point on the East side of Southwood Drive, said point being South 24 degrees 07 minutes East a distance of 90 feet from a point, which said point is North 65 degrees No. 29 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION C-48-CV-2007-10060 ALL THAT CERTAIN tract, piece or parcel of land, with the messuage 26 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 or tenement thereon erected formerly known as No. 26 Clearfield Street, now 127 Clearfield Street, situate, lying and being in the Borough of Freemansburg, Northampton County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the eastern line of Clearfield Street, said point being two hundred eleven and eighty hundredths feet south of the southeast corner of Lincoln Avenue and Clearfield Street, thence extending along the east side of said Clearfield Street southwardly twenty-nine and ninety-five hundredths (29.95) feet and of that same width between parallel lines extending eastwardly one hundred twenty (120) feet to a fifteen foot wide alley; being Lot No. 1034 and parts of Lots 1033 and 1035; BOUNDED on the north by the remaining part of Lot No. 1033, on the south by the remaining part of Lot 1035, on the west by Clearfield Street, and on the east by a fifteen foot wide alley. ASSESSMENT MAP, BLOCK AND LOT NUMBER: P7NW2A-6-17. THEREON BEING ERECTED a two story single dwelling with siding exterior. SEIZED AND TAKEN into execution of the writ as the property of Vincent Bowen, Sr. a/k/a Vincent R. Bowen, Sr. HEIDI R. SPIVAK, ESQUIRE 5/1/2008 certain subdivision map, plat or plan entitled “Plan of Briarwood”, which Plan was recorded on June 9, 2003, in the Office of the Recorder of Deeds in and for Northampton County, Pennsylvania, in Plan Book Volume 2003-5, Pages 172 & 173. ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER NO.: Map J9, Block 6, Lot 5C-20. BEING PART OF THE SAME PREMISES which Nic Zawarski and Sons Developers, Inc., a Pennsylvania Corporation, by Deed dated June 18, 2004 and recorded in the Office of the Recorder of Deeds in and for Northampton County, on June 25, 2004, in Record Book Volume 2004-1, Page 246407, did grant and convey unto Nic Zawarski and Sons Builders, Inc., a Pennsylvania Corporation, Grantor herein. UNDER AND SUBJECT to the Declaration of Protective Covenants as recorded on November 20, 2003 in Record Book Volume 2003-1, Page 486517, and the Declaration of Briarwood, a Planned Community, as recorded on December 9, 2003 in Record Book Volume 2003-1, Page 507751, by Nic Zawarski and Sons Developers, Inc., predecessor in title to Nic Zawarski and Sons Builders, Inc., Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN the Estate of Larisa Iskandarian, Deceased by reason of the following: BEING THE SAME premises which Larisa Iskandarian, unmarried, by Deed from Nic Zawarski and Sons Builders, Inc., dated 10/07/2005, recorded 10/11/2005, in Deed Book 2005-1, page 397926. No. 31 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-001691 ALL THAT CERTAIN lot or tract or parcel of ground situated in the Township of Forks, County of Northampton and Commonwealth of Pennsylvania, being known and referred to as Lot 20, as shown and identified on a 27 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 AND THE SAID Larisa Iskandarian being so seized thereof, departed this life on 7/20/06, having first made her Last Will and Testament in writing bearing the date of 8/24/06, duly proven and registered at Northampton County, Pennsylvania, being Estate Number #2006-0978, wherein and whereby the said Testator/Testatrix did provide give, devise and bequeath unto the following: Marvin Turetsky—200 Madison Avenue, Suite 2210, New York, NY 10016. AND THE SAID Testator/Testatrix did nominate, constitute and appoint Marvin Turestsky Executor/Executrix of her/his Estate to whom Letters of Testamentary were duly granted by the Register of Wills Northampton County, Pennsylvania on 8/24/06. Premises being: 1253 BRIARWOOD LANE, EASTON, PA 18040. Tax Parcel No. J9-6-5C-20. THEREON BEING ERECTED a two story one-half of a double dwelling w/attached garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of the Estate of Larisa Iskandarian, Marvin Turetsky, Executor, and Trustee of Larisa Iskandarian Artem Skripkin, Devisee and Trust Beneficiary of the Estate of Larisa Iskandarian. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 Office of the Recorder of Deeds for Northampton County at Easton, Pennsylvania and being further bounded and described as follows, to wit: BEGINNING at a point at the southwest corner of Lot 2 of Crossing Court on a line of lands now or late of Henry G. and Catherine Fluck: thence along said lands now or late of Henry G. and Catherine Fluck and also along lands now or late of Debora Ann Neeld, North 88 degrees 59 minutes 00 seconds West 127.47 feet to a point on the easterly right-ofway line of Stones Crossing; thence along said easterly right-of way line of Stones Crossing North 01 degree 01 minute 00 seconds East 164.75 feet to a point on a line of lands now or late of Clinton and Margaret Schaeffer; thence along said lands now or late of Clinton and Margaret Schaeffer South 88 degrees 59 minutes 00 seconds East 127.47 feet to a point at a corner of Lot 2 Crossing Court; thence along said lands of Lot 2 of Crossing Court South 01 degree 01 minute 00 seconds West 164.75 feet to a point, the place of BEGINNING. CONTAINING 21,000.68 square foot or 0.4821 acre. PARCEL NUMBER: M8SE222-12. Said lot being subject to any and all drainage and utility easements as shown and noted on the final recorded plan. Said lot being subject to a detention pond easement area as shown and noted on the final recorded plan. TITLE TO SAID PREMISES IS VESTED IN Beverly Holmes by deed dated 5/24/2008 and recorded 7/13/2005 in Book 2005-1 Page No. 32 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-009880 ALL THAT CERTAIN piece, parcel or tract of land situate in the Township of Palmer, County of Northampton and Commonwealth of Pennsylvania shown as Lot 1 on the Final Plan of Crossing Court as recorded in Map Book 2003-5 Page 469, in the 28 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 259536, conveyed by N. Pugliese, Inc., a Pennsylvania Corporation. Premises being: 1227 STONES CROSSING ROAD, EASTON, PA 18045. Tax Parcel No. M8SE2-22-12. THEREON BEING ERECTED a ranch style dwelling with vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of the Estate of Beverly A. Holmes, Marlyn A. Johnson, Administratrix CTA and Devisee of the Estate of Beverly A. Holmes. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 2) Coincident with said westerly right-of-way line of Brinker Lane (50 feet right-of-way) and along a curve to the right having a radius of 25.00 feet, an arc length of 39.27 feet, a central angle of 90 degrees 00 minutes 00 seconds, a chord bearing and distance of South 24 degrees 07 minutes 54 seconds West 35.36 feet to a point; thence with reference to North American Datum 1983 (Pennsylvania North) (NAD83) 3) South 69 degrees 07 minutes 54 seconds West 101.34 feet coincident with the division line between Lot 49 and the northerly right-of-way line of Lenape Way (50 feet right-ofway ) to a point; thence with reference to North American Datum 1983 (Pennsylvania North) (NAD83) 4) North 25 degrees 53 minutes 19 seconds West 100.39 feet coincident with the division line between Lot 49 and Lot 48 to a point; thence with reference to North American Datum 1983 (Pennsylvania North) (NAD83) 5) North 69 degrees 07 minutes 54 seconds East 135.12 feet coincident with the division line between Lot 49 and Lot 50 to a point on the westerly right-of-way line of Brinker Lane (50 feet right-of-way) to the point and place of Beginning. SAID property subject to a 75 feet clear site triangle bounded by the arc and the chord of the seconds (2nd) course of the foregoing description and any easements, restrictions and covenants of record as contained within the chain of title of said deed of record. TAX PARCEL NO: K9-32A-2-490311. BEING KNOWN AS 2784 Brinker Lane, Easton, Pennsylvania. No. 33 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011074 ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Township of Forks, County of Northampton and Commonwealth of Pennsylvania, known as Lot 49 of Riverview Estate West, Phase I, as recorded in the Office of the Recorder of Deeds in Record Book 2005-5 page 194, bounded and described as follows, to wit: BEGINNING at a point formed by the intersection of the division line between Lot 49 and Lot 50 on the westerly right-of-way line of Brinker Lane (50 feet right-of-way) (North 216,298.01, East 2,673,418.12); thence with reference to North American Datum 1983 (Pennsylvania North) (NAD83) 1) South 20 degrees 52 minutes 06 seconds East 75.00 feet coincident with the division line between Lot 49 and the westerly right-of-way line of Brinker Lane (50 feet right-of-way) to a point of curvature; thence with reference in North America Datum 1983 (Pennsylvania North) (NAD83) 29 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 THEREON BEING ERECTED a two story single dwelling w/attached garages, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Linda Laing. MICHAEL T. McKEEVER, ESQUIRE 5/1/2008 tion being thereunto had, more fully and at large appears. Being known as 1400 Stafford Drive, Easton, PA 18040. ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER: MAP: J9, BLOCK: 1, LOT: 6-47. THEREON BEING ERECTED a two story single dwelling with stone and vinyl siding exterior and shingle roof; one-car garage. SEIZED AND TAKEN into execution of the writ as the property of Schcoshia Jones. ALFRED S. PIERCE, ESQUIRE No. 34 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010663 ALL THAT CERTAIN lot, parcel or piece of land situate in the Township of Forks, County of Northampton and State of Pennsylvania, known as Lot Not 47 of the Estates at Steeplechase North Subdivision as shown on a certain subdivision map or plan entitled “Estates at Steeplechase North. Subdivision” dated August 8, 2002, last revised July 14, 2003, prepared by Environmental Design & Engineering filed in the office of the Recorder of Deeds in and for Northampton County in Plan Book Volume 2003-5, Pages 363 to 367, as amended by the Amendment to Recorded Plan filed in the office of the Recorder of Deeds in and for Northampton County in Record Book Volume 2004-1, Page 422537. IT BEING THE SAME PREMISES which Nic Zawarski and Sons Developers, Inc., by its Indenture bearing date the thirtieth day of March, A.D. 2005, for the consideration therein mentioned, granted and conveyed unto the said Schcoshia Jones, and to her heirs and assigns, forever; as in and by the said in part recited Indenture recorded in the Office for the Recording of Deeds in and for Northampton County, at Easton, Pennsylvania, in Record Book Volume 2005-1, Page 167366, etc., rela- No. 35 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011073 ALL THAT CERTAIN western onehalf of a double brick two and one-half story dwelling, said western one-half being #2256 Freemansburg Avenue, in the Borough of Wilson, more particularly bounded and described as follows: BEGINNING at a cross-cut in the southerly property line of Freemansburg Avenue and in line of Lot #2256 Freemansburg Avenue, said point being distant 119 feet westerly form the intersection of the southerly property line of Freemansburg Avenue with the westerly property line of a 20.00 foot wide alley; thence along Lot #2254 Freemansburg Avenue and passing thru the middle of a party wall, South 51 degrees East 125.00 feet to a stake in the northerly property line of a 15.00 feet wide alley; thence along the northerly property line of the said 15.00 foot wide alley, South 39 degrees West 24.50 feet to an iron pipe in line of Lot #2260 Freemansburg Avenue; thence along Lot #2260 Freemansburg Avenue, North 30 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 51 degrees West 125.00 feet to a stake in the southerly property line of Freemansburg Avenue; thence along the southerly property line of Freemansburg Avenue, North 39 degrees East 24350 feet to the point or place of beginning. PARCEL L9SW4C-20-7. SEIZED AND TAKEN into execution of the writ as the property of Robert Leidy. MICHAEL T. McKEEVER, ESQUIRE 5/1/2008 BEGINNING at a point on the west side of Chestnut Street forty (40) feet north of the northwest corner of Peach Alley and Chestnut Street; thence along Chestnut Street northwardly forty (40) feet to a point in line of land late of Andrew C. King; thence Westwardly along said land late of Andrew C. King one hundred twenty (120) feet to Rip-Rap Alley; thence southwardly along said Rip-Rap Alley forty (40) feet to a point in line of land now or late of Lulu I. King; thence eastwardly along land now or late of Lulu I. King one hundred twenty (120) feet to the place of beginning. BOUNDED on the East by Chestnut Street; on the North by land late of Andrew C. King; on the West by Rip-Rap Alley; and on the South by land now or late of Lulu I. King. PARCEL IDENTIFICATION NO.: N7SW3D-6-1. TITLE TO SAID PREMISES IS VESTED IN Brian M. Kovacs, married and Rhonda M. Kovacs, his wife, by Deed from Charles Schleppy, married and Virginia Schleppy, his wife, dated 12/06/2002, recorded 12/12/2002, in Deed Book 2002-1, page 351090. Premises being: 308 CHESTNUT STREET, BETHLEHEM, PA 18017. Tax Parcel No. N7SW3D-6-1. THEREON BEING ERECTED a ranch style brick dwelling w/attached two-car garage and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Brian M. Kovacs and Rhonda M. Kovacs. DANIEL G. SCHMIEG, ESQUIRE No. 36 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-008463 TRACT NO. 1 ALL THAT CERTAIN lot or piece of ground situate in the Borough of Freemansburg (formerly Township of Bethlehem), County of Northampton and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the Southwest corner of Washington and Chestnut Streets, thence along the South side of said Washington Street, Westwardly one hundred twenty (120) feet to Rip-Rap Alley; thence along the east side of said Rip-Rap Alley southwardly forty (40) feet to lands now or late of Andrew C. King; thence along the north side of said lands now or late of Andrew C. King one hundred twenty (120) feet eastwardly to Chestnut Street; thence along the west side of said Chestnut Street northwardly forty (40) feet to the place of beginning. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in the Borough of Freemansburg, County of Northampton and Commonwealth of Pennsylvania, bounded and described as follows, to wit: No. 37 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2004-000166 ALL THAT CERTAIN messuage or tenement and lot or piece of ground 31 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 situate in the Borough of Nazareth, County of Northampton and State of Pennsylvania, being known as 116 S. Elm Street, bounded and described as follows, to wit: BEGINNING at a point an iron pin set in line of land nor or late of Werner, said pin being the following two courses and distances from the southeast corner of New and Belvidere Streets: (1) South 5 degrees no minutes West one hundred fifty (150.00) feet and (2) South 85 degrees no minutes East one hundred thirtyfour (134.00) feet; thence from the said iron pin along line of land now or late of Werner South 85° degrees no minutes East seventy-six (76) feet to an iron pin set; thence along the west side of Elm Street (20’ wide) South 5 degrees no minutes West twenty-four and forty-five one hundredths (24.45) feet to an iron pin set; thence through the center partition wall of a double frame house North 85 degrees 18 minutes 30 seconds West seventy-six (76.00) feet to an iron pin set; thence along line of land recently conveyed to Terry Hunt and also along line of land recently conveyed to Joseph Beck, North 5 degrees no minutes East twenty-four and eighty-five one-hundredths (24.85) feet to an iron pin set, the place of beginning. CONTAINING 1873 square feet of land. TITLE TO SAID PREMISES IS VESTED IN Scott E. Werkheiser and Sharon M. Werkheiser, his wife by Deed from Craig A. Huth and Donna K. Huth, his wife dated 07/09/1993 and recorded 07/13/1993 in Deed Book 902 Page 381. Premises being: 116 SOUTH ELM STREET, NAZARETH, PA 18064. Tax Parcel No. J7SE3B-8-13. 5/1/2008 THEREON BEING ERECTED a two story one-half of a double dwelling with aluminum siding exterior and slate roof; detached two-car garage. SEIZED AND TAKEN into execution of the writ as the property of Scott E. Werkheiser and Sharon M. Werkheiser. DANIEL G. SCHMIEG, ESQUIRE No. 38 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011150 ALL THAT CERTAIN lot or piece of ground situate on the east side of Jonathan Drive, designated as No. 186 Jonathan Drive, Palma Township, Northampton County, Pennsylvania, and being all of Lot No. 204 on Plan of Lots of Old Orchard, Section “D-1” Extension, Old Orchard Development Corp., Palmer Township, Northampton County, Pennsylvania, prepared by E. T. and T.D. Sales, Registered Professional Engineers, dated March 20, 1958, which Plan has been duly recorded in the Office for the Recording of Deeds in and for Northampton County, at Easton, Pennsylvania, in Map Book 14, Page 20; bounded and described as follows, to wit: BEGINNING AT A POINT on the east side of Jonathan Drive, said point being north two degrees thirty-one and four-tenths minutes east (N 2° 31.4 E), a distance of one hundred ninety-nine and two one-hundredths (199.02’ ) feet from a concrete monument located at the northeast intersection of Jonathan and Baldwin Drives; thence along Jonathan Drive north two degrees thirty-one and fourtenths minutes east (N 2° 31.4’ E), a distance of ninety (90’ ) feet to a point; thence between Lots Nos. 204 and 202 south eighty-seven degrees 32 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 twenty-eight and six-tenths minutes east (S 87° 28.6’ E), a distance of one hundred seventy (170’ ) feet to a point; thence between Lots Nos. 204 and 214 south two degrees thirty-one and four-tenths minutes west (S 2° 31.4’ W) a distance of ninety (90’ ) feet to a point; thence between Lots Nos. 204 and 206 north eighty-seven degrees twenty-eight and six tenths minutes west (N 87° 28.6’ W) a distance of one hundred seventy (170’ ) feet to the point of beginning, containing in all 15,300 square feet, more or less. Title to said premises is vested in Robert D. Weiss by deed from Preston K. Hindmarch, Executor under the last Will and Testament of Dorothy G. Hindmarch, deceased, dated 10/19/ 2006 and recorded 10/31/2006 in Deed Book 2006-1, Page 451196. Instrument #2006063646. TAX I.D. # M8SE2-24-10. BEING KNOWN AS 186 JONATHAN DRIVE, EASTON, PA 18045. THEREON BEING ERECTED a ranch style dwelling w/attached garage. SEIZED AND TAKEN into execution of the writ as the property of Robert D. Weiss. TERRENCE J. McCABE, ESQUIRE 5/1/2008 BEGINNING at an iron pipe located on the westerly side of Forrest Drive said pipe also being the northeasterly property corner of Lot 35 thence along the northerly property line of Lot 35 North 77 degrees 30 minutes 00 seconds West 33.50 feet to an iron pipe; thence along the lands now or formerly of Frank and Helen J. Timer North 12 degrees 30 minutes 00 seconds East 41.88 feet to an iron pipe thence along the southerly property line of Lot 57’ South 83 degrees 36 minutes 20 seconds East 202.53 feet to an iron pipe; thence along the easterly property line of Lot 57 North 00 degrees 17 minutes 20 seconds East 5.60 feet to an iron pipe; thence along the southerly property line of Lot 85 South 89 degrees 42 minutes 40 seconds East 218.26 feet to an iron pipe; thence along the property line to an alley South 12 degrees 30 minutes 00 seconds West 103.63 feet to an iron pipe; thence along the northerly property line to Lot 82 North 77 degrees 30 minutes 00 seconds West 170 feet to an iron pipe; thence along the westerly property line of Lot 82 South 12 degrees 30 minutes 00 seconds West 7.22 feet to an iron pipe; thence along the northerly property line of Lot 55 North 77 degrees 30 minutes 00 seconds West 190 feet to an iron pipe; thence crossing Forrest Drive North 89 degrees 51 minutes 10 seconds East 20.47 feet to the place of beginning. Title to said premises is vested in Aida K. Gonzalez by deed from Christina M. Sanchez f/k/a Christina M. Fertig and Kevin Sanchez, her husband, dated 7/21/2006 and recorded 8/16/2006 in Deed Book 2006-1, Page 335819. TAX I.D. #: Q6NM2-4-2C-1. No. 39 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-009738 ALL THAT CERTAIN lot or tract of land situate on the easterly side of Forrest Drive (also known as 61 Forrest Hill Drive designated as Lots 56, 83, and 84 on said plan of Forrest Hill) in the Township of Lower Saucon, County of Northampton and Commonwealth of Pennsylvania more particularly described as follows to wit: 33 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 BEING KNOWN AS 2239 FORREST HILL DRIVE, BETHLEHEM, PA 18015. THEREON BEING ERECTED a two story single dwelling w/attached two-car garage, wood exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Aida K. Gonzalez. TERRENCE J. McCABE, ESQUIRE 5/1/2008 BEING KNOWN AS 58 Crystal Terrace a/k/a 15 Crystal Terrace Estates, Mount Bethel, Pennsylvania. THEREON BEING ERECTED a two story single dwelling w/attached garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Sheila D. Pullins, last record owner Ronnelle D. Pullins, Administratrix of the estate of Sheila D. Pullins, last record owner. CHANDRA ARKEMA, ESQUIRE No. 40 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-007418 ALL THAT CERTAIN lot, piece or parcel of land situate, lying and being in the Township of Upper Mount Bethel, County of Northampton and State of Pennsylvania, more particularly described as Lot 15, Major Subdivision of Crystal Terrace Estates, recorded in the Office for the Recorder of Deeds, Northampton County, Pennsylvania, in Plot Book Volume 2002-5, Page 100. TOGETHER with all rights and privileges and under and subject to the covenants, exceptions, conditions, reservations and restrictions as of record. UNDER AND SUBJECT to all the covenants located in Book 2004-1 Page 371017. BEING KNOWN AS: 58 Crystal Terrace a/k/a 15 Crystal Terrace Estates, (Upper Mount Bethel Township), Mount Bethel, PA 18343. PROPERTY ID NO.: D11-116-15. TITLE TO SAID PREMISES IS VESTED IN Sheila D. Pullins by Deed from LTS Development, LLC successor by merger to LTS Development, Inc. dated 9/16/04 recorded 9/23/04 in Deed Book 2004-1 Page 371017. No. 41 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2005-003898 ALL THAT CERTAIN piece, parcel or tract of land situate in the Township of Williams, County of Northampton and Commonwealth of Pennsylvania shown as Lot 2 (Remaining Lands) on the Minor Subdivision Plan “Lands of Robert E. Shultz, Sharon L. Shultz, h/w” as recorded in Map Book 1995-5, Page 416 in the Office of the Recorder of Deeds for Northampton County at Easton, Pennsylvania being further bounded and described as follows, to wit: BEGINNING at an iron pin on the existing westerly right-of-way line of Pennsylvania Route 611 (16.5 feet from centerline) at the southeast corner of lands now or formerly of Benny and Mary Ann Weidemoyer; thence along said existing westerly right-of-way line of Pennsylvania Route 611 (16.5 feet from centerline) South 00°-44’-26” East 30.00 feet to an iron pin at a corner of lands now or formerly of Elwood and Florence Bryfogle; thence along said lands now or formerly of Elwood and Florence Bryfogle and also along other lands 34 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 now or formerly of Elwood and Florence Bryfogle South 89°-27’-30” West 427.74 feet to an iron pin at a corner of Lot 1 of the Lands of Robert E. Shultz, Sharon L. Shultz, h/w; thence along said lands of Lot 1 of the Lands of Robert E. Shultz, Sharon L. Shultz, h/w the following two courses and distances: 1) South 62°-04’-08” West 600.00 feet to a point; thence 2) South 79°-56’-11” West 445.23 feet to a point on line of lands now or formerly of John and Shirley Cavalo; thence along said lands now or formerly of John and Shirley Cavalo North 14°-50’-41” West 883.04 feet to an iron pin at a corner of lands of the I-78 right-of-way; thence along said lands of the I-78 right-of-way North 80°-20’-25” East 410.24 feet to an iron pin on line of lands now or formerly of Thomas and Marilyn Wharen; thence along said lands now or formerly of Thomas and Marilyn Wharen and also along lands now or formerly of Benny and Mary Ann Weidemoyer South 13°-41’-44” East 415.32 feet to an iron pin; thence continuing along said lands now or formerly of Benny and Mary Ann Weidemoyer North 84°-41’-52” East 727.54 feet to an iron pin at a corner of lands now or formerly of George and Frances Karch; thence along said lands now or formerly of George and Frances Karch the following three courses and distances: 1) South 24°-19’-24” West 233.46 feet to a point; thence 2) North 89°-29’-03” East 14.84 feet to a point; thence 3) North 04°-05’-03” East 14.91 feet to an iron pin; thence continuing along said lands now or formerly of George and Frances Karch and also along lands now or formerly of Benny and Mary Ann Weidemoyer North 5/1/2008 89°-27’-30” East 475.15 feet to an iron pin, the place of the beginning. CONTAINING 591,408.39 square feet or 13.577 acres. BEING KNOWN AS: 394 South Delaware Drive, Easton, PA 18042. PROPERTY ID NO.: M10-3-9J. TITLE TO SAID PREMISES IS VESTED IN Thomas B. Mattis by Deed from Robert E. Shultz and Sharon L. Shultz, husband and wife dated, 1/5/99 recorded 1/7/99 in Deed Book 1999-1 Page 2528. THEREON BEING ERECTED a two story single dwelling w/attached two-car garage, vinyl siding exterior and shingle roof; detached garage. SEIZED AND TAKEN into execution of the writ as the property of Thomas B. Mattis. CHANDRA M. ARKEMA, ESQUIRE No. 42 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010709 ALL THAT CERTAIN tract of land located in the Borough of Freemansburg, County of Northampton and Commonwealth of Pennsylvania, known as Lot No. 30 as shown on the Development Plan Final of Eastgate Townehomes, Sheet 1 of 8, Project No. 460-01, dated August 30, 1988, last revised March 13, 1989, prepared by F & M Associates, Inc., as recorded in the Office of the Recorder of Deeds in the Northampton County Courthouse, Map Book 89, Page 86, on June 9, 1989, being more particularly described as follows, to wit: BEGINNING at an iron pin to be set on the Eastern right-of-way line of Ramblewood Lane (50 feet wide) and of said Eastgate Townehomes, also being the Northwestern corner of Lot No. 31 of said Plan; thence along the Eastern right-of-way line of 35 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Ramblewood Lane (50 feet wide) North 00 degrees 28 minutes 55 seconds West a distance of 50.00 feet to a point; thence along the Southern property line of Lot No. 29 North 89 degrees 31 minutes 05 seconds East a distance of 173.40 feet to an iron pin to be set; thence along the Western property line of Lot No. 38 South 02 degrees 19 minutes 07 seconds East a distance of 50.03 feet to an iron pin to be set; thence along the Northern property line of Lots Nos. 37 and 31 South 89 degrees 31 minutes 05 seconds West a distance of 175.00 feet to an iron pin to be set, being the place of Beginning. CONTAINING 0.20 acres or 8,709.91 feet of land. SUBJECT to a 25 foot wide drainage easement along the East side and a 15 foot wide drainage and utility easement along the Southern and Western sides of the lot as shown on the said Development Plan Final of Eastgate Twonehomes. BEING the same premises which Ramblewood Partners of Bethlehem, L.P., by Deed dated April 11, 2002, and recorded April 26, 2002, in Book 2002-1, Page 108987, granted and conveyed unto Michael S. Hayduk, Sr. and Lucille J. Hayduk, his wife, in fee. BEING THE SAME PREMISES the Title to which became vested on the mortgagors herein by Deed of: Grantor: Michael S. Hayduk Sr. and Lucille J. Hayduk, Deed date: 8-26-2005, recorded in county of: Northampton Volume: 2005-1 Page: 351143. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Afotey Annum, by Deed from Michael S. Hayduk, Sr. and Lucille J. Hayduk, h/w, dated 5/1/2008 08/26/2005, recorded 09/12/2005, in Deed Book 2005-1, page 351143. Premises being: 963 RAMBLEWOOD LANE, FREEMANSBURG, PA 18017. Tax Parcel No. N7-2-31. THEREON BEING ERECTED a two and one-half story townhouse with vinyl siding exterior and shingle, roof. SEIZED AND TAKEN into execution of the writ as the property of Afotey Annum. DANIEL G. SCHMIEG, ESQUIRE No. 43 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010972 ALL THAT CERTAIN tract of land, situate in the Township of Bethlehem, County of Northampton, Commonwealth of Pennsylvania, being Lot #51, as shown on a Development Plan, Drawing No. D-1, prepared by Huth Engineers, Inc., Allentown, Pennsylvania, for Simon’s Commons Associates, dated April 15, 1988, and last revised November 7, 1988, bounded and described as follows, to wit; BEGINNING at a point, said point being located at the intersection of the easterly right of way of Pembroke Place with the common line between Lot #50 and Lot #51; Thence along the Pembroke Place right of way the following four (4) courses and distances: 1) on a curve to the left, having a radius of 50.00 feet, on a chord bearing of North 43 degrees 20 feet 51 inches West, and a chord length of 15.43 feet, an arc length of 15.50 feet to a point of reverse curvature; 2) on a curve to the right, having a radius of 20.00 feet, on a chord bearing North 27 degrees 13 feet 52 inches West, and a chord length of 16.90 36 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 No. 44 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011374 All that certain Eastern half of a two and a half story double brick dwelling house and lot situate on the south side of Locust Street, between Maple and Elm Streets, 10 the city of Bethlehem County of Northampton and State of Pennsylvania, bounded and described as follows, to wit; BEGINNING at a point in the southern line of said Locust Street, distant fifty-seven (57) feet six (6) inches east of the eastern line of a twenty feet wide alley immediately east of Maple Street; thence extending eastwardly along the southern line of said Locust Street a distance of seventeen (17) feet six (6) inches, one of that line width extending southwardly in parallel lines a distance of one hundred and twenty (120) feet to an westward twenty foot wide alley. BOUNDED on the North by said Locust Street, on the feet by lead now or late of Mary L. Patrell, on the South by said alley, on the West by land now or late of William V. Speck. ALSO KNOWN AS NORTHAMPTON COUNTY UNIFORM PARCEL IDENTIFIER N63 630-3-4. BEING KNOWN AS 420 E LOCUST STREET, BETHLEHEM, PENNSYLVANIA. SEIZED AND TAKEN into execution of the writ as the property of James W. Tumpey, Jr. MICHAEL T. McKEEVER, ESQUIRE feet, an arc length of 17.45 feet to a point of tangency; 3) North 02 degrees 14 feet 01 inches West, a distance of 48.77 feet to a point of curvature; 4) on a curve to the right, having a radius of 20.00 feet, on a chord bearing of north 42 degrees 45 feet 59 inches East, and a chord length of 28.28 feet, an arc length of 31.41 feet to a point at the end of return of the easterly Pembroke Place right of way at its intersection with the southerly Klien Street right of way; thence along said Klien Street right of way North 87 degrees 45 feet 59 inches East, a distance of 104.23 feet to a point, a corner of lands of N/L Ronald and Berry Clause c/o H. Newman, Esq.; thence along said lands south 01 degrees 24 feet 54 inches East a distance of 82.40 feet to a point, a corner of Lot #50; Thence along line of Lot #50 the following two (2) courses and distance; 1) South 87 degrees 45 feet 59 inches West, a distance of 84.61 feet to a point; 2) South 55 degrees 32 feet 00 inches West, a distance of 25.00 feet to a point, said point being the Place of Beginning. Reserving therefrom a utility easements at a width of twenty (20) feet running parallel and along the rear property line of the therein described tract. UNIFORM PARCEL IDENTIFIER NO.: N7NE2-5-9. BEING KNOWN AS 4050 Klein Street, Bethlehem, Pennsylvania. THEREON BEING ERECTED a two story single dwelling with attached two-car garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Patricia Seeger and Frederick S. Seeger. MICHAEL T. McKEEVER, ESQUIRE No. 45 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011140 ALL THAT CERTAIN measuage, tenement and tract of land situate in the Borough of Wilson, County of 37 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Northampton and State of Pennsylvania, and commonly known as No. 2415 Sycamore Street being more particularly bounded and described as follows, to wit: BEGINNING at a point in the Northern building line of Sycamore Street, said point being 150 feet, 06 inches from the intersection of the said building line of Sycamore Street with the western building line of 24th Street THENCE westerly along the northern building line of said Sycamore Street 31 feet, 06 inches to a point and extending northwardly of that same width of 31 feet, 06 inches at right angles to said Sycamore Street 118 feet in depth to an alley. TITLE TO SAID PREMISES IS VESTED IN Dennis C. Short, by Deed from Keri E. Short, dated 10/18/2007, recorded 10/18/2007, in Deed Book 2007-1, page 383372. Premises being: 2415 SYCAMORE STREET, EASTON, PA 18042. Tax Parcel No. L9SW4C-14-30. THEREON BEING ERECTED a modified cape style dwelling with masonry/frame exterior and slate roof. SEIZED AND TAKEN into execution of the writ as the property of Dennis C. Short. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 wife, to the Alliance Cement Company, bearing date the 27th day of August, A.D. 1901, and recorded in the Office for the Recording of Deeds in and for Northampton County in Deed Book F, Volume 21, Page 304, said lot being twenty-five (25 feet) feet in front on 20th Street and one hundred thirty (130 feet) feet in depth and rectangular in shape. Being known as No. 529 East 20th Street in the Second Ward of the Borough of Northampton, County of Northampton and Commonwealth of Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Heath D. Moser Judith A. Moser h/w by Deed from Joseph P. Zelienka, Jr. and Heather L. Zelienka, h/w Deeded 12/26/2002 recorded 12/31/2002 in Book 2002-1 Page 371530 Instrument # 2002068860. Premises being: 529 EAST 20TH STREET, NORTHAMPTON, PA 18067. Tax Parcel No. L4SW2D-7-5. THEREON BEING ERECTED a two and one-half story one-half of a double dwelling with aluminum siding exterior. SEIZED AND TAKEN into execution of the writ as the property of Heath D. Moser and Judith A. Moser. DANIEL G. SCHMIEG, ESQUIRE No. 46 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010815 ALL THAT CERTAIN messuage, tenement and lot or piece of land, known and distinguished on the map or plot of Levan Park at Siegfried as Lot No. 29, situate on the northerly side of 20th Street (formerly Atlas Street), and being the same Lot No. 29 excepted and reserved in the Deed from Frank M. Moore and Ida E., his No. 47 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010657 ALL THAT CERTAIN part or parcel of land located in Upper Nazareth Township, Northampton County, Commonwealth of Pennsylvania, as shown on the plans of Schoeneck Terrace Subdivision, prepared by Benchmark Civil Engineering Serv- 38 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 ices, Inc. dated July 27, 2001, and last revised May, 30, 2002, as recorded in the office of the Recorder of Deeds for Northampton County, Pennsylvania, in Plan Book ___, Pages ___, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way of City View Drive (25 feet from center); said iron pin being a common corner of Lot 17 and Lot 18 of the Schoeneck Terrace subdivision; thence along the said Lot 17 of the Schoeneck Terrace subdivision, N 03 degrees 23 minutes 36 seconds E a distance of 120.00 feet to an iron pin to be set in line with lands now or formerly of James K. and Sharon L. Carty; thence along the said lands now or formerly of James K. and Sharon L. Carty, S 86 degrees 36 minutes 24 seconds E a distance of 99.97 feet to, a concrete monument to be set in line with lands now or formerly of Holly Real Estate; thence along lands now or formerly of Holly Real Estate, S 02 degrees 46 minutes 06 seconds W a distance of 120.01 feet to a concrete monument to be set on the northern right-of-way of City View Drive; thence along the said right-of-way of City View Dive, N 86 degrees 36 minutes 24 seconds W a distance of 101.28 feet to an iron pin to be set, said iron pin being THE PLACE OF BEGINNING. CONTAINING 12,000 square feet or 0.28 acres. BEING KNOWN AS 556 City View Drive, Upper Nazareth, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michael Salavati and Sandra Farbod, husband and wife, as Tenants by the Entirety, by Deed from Paul Stepniak Land Holding, Inc., is a Pennsylvania Corporation, 5/1/2008 dated 10/29/2004, recorded 11/02/2004, in Deed Book 2004-1, page 426762 PARCEL IDENTIFICATION NO.: J8-3-4-18. Premises being: 556 CITY VIEW DRIVE, NAZARETH, PA 18064. Tax Parcel No. J8-3-4-18. THEREON BEING ERECTED a two story single dwelling w/attached garages, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Sandra Farbod and Michael Salavati. DANIEL G. SCHMIEG, ESQUIRE No. 50 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-6713 ALL that certain messuage, tract, piece or parcel of land situated in the Borough of Bangor, County of Northampton and State of Pennsylvania, bounded and described in accordance to a survey made of the premises by Pearson and Young, Surveyors, and recorded in the Office for the Recording of Deeds at Easton, Pennsylvania, in Map Book No. 4, page 13, as follows, to wit: BEGINNING at a stake on the east side of Snyder Street and corner of Lot No. 249 as per map or plan aforesaid; thence along the south side of said Lot No. 249, North eighty-four and one-half degrees East one hundred thirty feet to a fifteen feet wide alley; thence along west side of said alley and in line therewith, North five and one-half degrees East thirty feet to Lot No. 251; thence along the north side of Lot No. 251, South eighty-four and one-half degrees West one hundred and thirty feet to the east side of Snyder Street; thence along said 39 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Street five and one-half degrees West thirty feet to the place of BEGINNING. CONTAINING Lot No. 250 per map or plan made by Pearson and Young for Miller and Company. BEING the same premises which Anna A. Jones, widow, did by Deed dated July 3, 1997 and recorded in the Office for the Recorder of Deeds in and for the County of Northampton at Easton, Pennsylvania, in Record Book Volume 1997-1, page 71458, granted and conveyed unto Brent L. Godshalk and Tricia D. Godshalk, Husband and Wife, Grantors hereof, in fee. PARCEL IDENTIFICATION NO: E9NE3C-3-8. Premises: 649 Snyder Street, Bangor, PA 18013 Bangor Borough, Northampton County Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott J. DiGrazia, by Deed from Brent L. Godshalk and Tricia D. Godshalk, husband and wife, dated 06/21/2005, recorded 06/27/2005, in Deed Book 2005-1, page 237231. THEREON BEING ERECTED a ranch style dwelling with aluminum siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Scott J. DiGrazia. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 bounded and described as follows, to wit: BEING Lot #4 in Block #4 on Plan of Lots of the Lackawanna Land Company, formerly in Allen Township, Northampton County, Pennsylvania, and known as the ‘Fuller Farm,’ which said map is of record in the office of the Recorder of Deeds in and for the county of Northampton in Map Book 2, page 142, said lot being twenty-five (25) feet in front of Buttonwood Street as shown on said map and one hundred twenty (120) feet in depth to a public alley sixteen (16) feet wide and being known as 407 Buttonwood Street. PARCEL 2: ALL THAT CERTAIN lot of land and premises, situate, lying and being in the Borough of North Catasauqua (formerly the Township of Allen), County of Northampton and State of Pennsylvania, designated and described as follows: BEING Lot Number Five in Block Number Four as designated and laid out on the plot or map of the Lackawanna Land Company, situate in the Borough of North Catasauqua (formerly the Township of Allen), County of Northampton and State of Pennsylvania, known as the ‘Fuller Farm’, which said plot or map is of record in The Office for the Recording of Deeds, in and for the said County of Northampton, in Map Book No. 2, page 42. Said lot being twenty-five feet in front upon Buttonwood Street as shown by said recorded map and one hundred twenty feet in depth to a public alley sixteen feet wide, said lot being rectangular in shape. BEING Northampton County tax parcel Assessment #M4SE4A-13-16 No. 51 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011122 PARCEL 1: ALL THAT CERTAIN messuage or tenement and lot or piece of ground situate in the Borough of North Catasauqua, County of Northampton and Commonwealth of Pennsylvania, 40 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 BEING THE SAME PREMISES which Phillip Kromer and Donna M. Kromer, husband and wife, by Deed dated April 23, 2004 and intended to be recorded in the Office of the Recorder of Deeds in and for Northampton County, Pennsylvania, did grant and convey unto Robert J. Kelshaw and Stephanie L. Kelshaw, husband and wife, Mortgagors herein. 1) Vested by Deed dated 04/23/2004, given by Phillip Kromer and Donna M. Kromer, husband and wife to Robert J. Kelshaw and Stephanie L. Kelshaw, husband and wife and recorded 4/26/2004 in Book 2004-1 Page 153911 Document # 2004026970. 2) Vested by Deed, dated 05/08/1998, given by Carl E. Weidner and Carol M. Snell, Executors of the Estate of Mabel V. Weidner to Phillip Kromer and Donna M. Kromer, husband and wife and recorded 5/12/1998 in Book 1998-1 Page 59377. Premises being: 407 BUTTONWOOD STREET, NORTH CATASAUQUA, PA 18032. Tax Parcel No. M4SE4A-13-16. THEREON BEING ERECTED a two and one-half story one-half of a double dwelling with asbestos siding exterior. SEIZED AND TAKEN into execution of the writ as the property of Robert J. Kelshaw and Stephanie L. Kelshaw. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 as Lot 85 as shown on the “Development Plan Final” of Eastgate Townehomes, Sheet 1 of 8, Project No. 460-01 dated August 30, 1988, last revised March 13, 1989, prepared by F & M Associates, Inc., as recorded in the Office of the Recorder of Deeds in the Northampton County Courthouse, Map Book Volume 89, Page 86, on June 9, 1989, being more particularly described as follows to wit: BEGINNING at an iron pin found at the southwestern corner Lot 75 of said Eastgate Townehomes, also being the common corner of lands N/F of Bethlehem Development Corporation; THENCE along the eastern property line of lands N/F of Bethlehem Development Corporation N 02°19’ 07” W a distance of 298.66’ to an iron pin to be set, the TRUE POINT OF BEGINNING; THENCE continuing along the eastern property ling of lands N/F of Bethlehem Development Corporation N 02°19’ 07” W a distance of 20.00’ to a point; THENCE along the southern property line of Lot 86 N 87°40’ 53” E a distance of 199.99’ to an iron pin to be set; THENCE along the western rightof-way line of Court Abbe (50’ wide) S 02°19’ 07” E a distance of 20.00’ to an iron pin to be set; THENCE along the northern property line of Lot 84 S 87°40’ 53” W a distance of 199.99’ to an iron pin to be set; being the TRUE POINT OF BEGINNING. CONTAINING 0.09 acres or 3,999.8 square feet. RECORD OWNER Vested by Warranty Deed, dated 12/13/2002, given by Ramblewood No. 52 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-009789 ALL THAT CERTAIN tract of land located in the Borough of Freemansburg, County of Northampton; Commonwealth of Pennsylvania, known 41 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 Partners Of Bethlehem, L.P. to Michael Ciardi and recorded 12/19/2002 in Book 2002-1 Page 360042 Instrument #2002067408. Premises being: 602 ABBE COURT, FREEMANSBURG, PA 18017-6304. Tax Parcel No. N7-2-62. THEREON BEING ERECTED a two story townhouse with vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Michael A. Ciardi. DANIEL G. SCHMIEG, ESQUIRE 5/1/2008 Best, and on the West by Glendon Avenue. BEING known as 411 PACKER STREET, EASTON, PA 18042. PARCEL #M9NW2B-5-2. BEING THE SAME PREMISES which James A. Brown, Sr. and Carolyn D. Brown, by Deed dated November 28, 2000 and recorded December 5, 2000 in the Office of the Recorder of Deeds in and for Northampton County in Deed Book Volume 2000-1, Page 161953, granted and conveyed unto Edward R. Brown, Sr. SEIZED AND TAKEN into execution of the writ as the property of Edward R. Brown, Sr., a/k/a Edward Brown, a/k/a Edward R. Brown. GREGORY JAVARDIAN, ESQUIRE No. 53 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-004744 ALL THAT CERTAIN messuage tenement and tract of land situate in the City of Easton, County of Northampton and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the West side of Packer Street, a distance of eighty (80’ ) feet South of the Southwest corner of Packer Street and Wilkes-Barre Street; thence continuing Northwardly along the West side of Packer Street, a distance of twentyfour (24’ ) feet, more or less, to property now or late of William J. Nevins and Annie Nevins, his wife; thence extending Westwardly of the same width between parallel lines a distance of one hundred one and eight tenths (101.8) feet to Glendon Avenue. BOUNDED on the North by property now or late of William J. Nevins and Annie Nevins, his wife, on the East by Packer Street, on the South by property now or late of Charles No. 55 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010057 ALL THAT CERTAIN messuage and parcel or tract of land situate in the Township of Allen, County of Northampton and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a spike in the middle of T.R. 467, leading from L.R. 48049 to L.R. 48051, and being the Northeast corner of lands of Bud H. Bowen and wife; thence along the middle of said road South 83 degrees 45 minutes East 100.00 feet to a spike; thence through lands, now or late of Elmer G. Minnich and wife, South 04 degrees 12 minutes West 971.51 feet to an iron pin; thence along lands of John Nagy North 85 degrees 43 minutes West 100.0 feet to a pin; thence along lands of aforesaid Bud H. Bowen and wife, North 04 degrees 12 minutes 30 seconds 42 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 East 976.85 feet to the place of Beginning. CONTAINING 2.2379 acres of land. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Leon Gable and Heidi Sarley, by Deed from Brenda L. Zattoni, dated 07/31/2006, recorded 08/08/2006, in Deed Book 2006-1, page 320889. Premises being: 229 MUD LANE, NORTHAMPTON, PA 18067. Tax Parcel No. L4-5-5F. THEREON BEING ERECTED a bi-level dwelling with garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Leon Gable and Heidi Sarley. DANIEL G. SCHMIEG, ESQUIRE No. 56 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010627 ALL THAT CERTAIN messuage or tenement and parcel or piece of land situate in the Borough of North Catasauqua, Northampton County, Pennsylvania, being the Northernmost 6.67 feet of Lot No. 1205, all of Lots Nos. 1207 and 1209, and the Southernmost 6.67 feet of Lot No. 1211 on the Hunter Manor plan of town lots, recorded in the Office of the Recorder of Deeds of Northampton County, at Easton, Pennsylvania, in Map Book Volume 9, at Page 96. CONTAINING fifty-three and thirty-four hundredths (53.34) feet in front on the East side of Howertown Road and extending Eastwardly in depth of equal width for a distance of one hundred twenty (120.00) feet to a 15 foot wide alley. ALL THAT CERTAIN messuage or tenement and parcel or piece of land 43 5/1/2008 situate in the Borough of North Catasauqua, Northampton County, Pennsylvania, being a 53.50 foot Eastwood extension to the Western line of Milton Street of Lot Nos. 1207 and 1209 and the Southernmost 6.67 feet to Lot No. 1211 and the Northernmost 6.67 feet of Lot No. 1205 on the Hunter Manor plan of town lots, bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Lot No. 1211, said point being one hundred six and sixty-seven hundredths (106.67) feet North of the Northern line of Hunter Street; thence Eastwardly along a line running parallel with an extension of the line dividing Lots No. 1211 and 1213 for a distance of fifty-three and one-half (53.50) feet to a point on the Western line of Milton Street; thence Southwardly along the Western line of Milton Street for a distance of fiftythree and thirty-four hundredths (53.34) feet to a point in Lot No. 1205; thence Westwardly along a line running parallel with an extension of the line dividing Lots Nos. 1203 and 1205 for a distance of fifty-three and onehalf (53.50) feet to a point on the Eastern line of Lots Nos. 1205, 1207, 1209 and 1211; thence Northwardly along the same for a distance of fiftythree and thirty-four hundredths (53.34) feet to the place of beginning. CONTAINING 2,853.690 square feet of land. Title to said premises is vested in Christian Duran and Marie Duran a/k/a Maria Duran and Brainey Duran a/k/a Brainy Duran a/k/a Jasmin Duran a/k/a Brainy J. Duran by deed from Jose Rosario, Jr. and Bianca Rosario, husband and wife, dated 8/8/2006 and recorded 8/18/2006 in Deed Book 2006-1 Page 339196. NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 TAX I.D. #: M4SE1C-10-3. BEING KNOWN AS 1207 HOWERTOWN ROAD, NORTH CATASAUQUA, PA 18032. THEREON BEING ERECTED a cape style brick dwelling. SEIZED AND TAKEN into execution of the writ as the property of Christian Duran and Marie Duran a/k/a Maria Duran and Brainey Duran a/k/a Brainy Duran a/k/a Jasmin Duran a/k/a Brainy J. Duran. TERRENCE J. McCABE, ESQUIRE 5/1/2008 North 66 degrees 30 minutes East along the said side of Sturbridge Drive 79.57 feet to a point a corner of Lot 233; thence extending South 23 degrees 30 minutes East along Lot 233 103.40 feet to a point in line of Lot 231; thence extending South 74 degrees 16 minutes 30 seconds West along Lot 231 113.31 feet to a point on the Northeast side of Concord Circle the place of BEGINNING. BEING Lot Number 232 on said plan. BEING known as Northampton County Uniform Parcel No. M8SW3 4-1. IT BEING THE SAME PREMISES which Calton Homes of Pennsylvania at Pennway, Inc., by Deed dated October 26, 1994 and recorded on October 27, 1994, in the Recorder of Deeds Office in and for Northampton County in Deed Book Vol. 1994-5, Page 90057 granted and conveyed unto Anthony Capobianco and Dianne M. Capobianco. PROPERTY BEING KNOWN AS: 4735 Concord Circle, Easton, Pennsylvania 18045. THEREON BEING ERECTED a single dwelling w/garage, vinyl siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Anthony Capobianco and Dianne M. Capobianco, husband and wife. RICHARD BRENT SOMACH, ESQUIRE No. 57 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-010515 ALL THAT CERTAIN lot or piece of ground, situate in Bethlehem Township, Northampton County, described according to a Final Plan of Pennway Estates Phase II, made by Ludgate Engineering Corporation, dated February 19, 1988 and last revised August 3, 1989 and recorded in the Office of the Recorder of Deeds at Easton, Pennsylvania in Plan Book 89, page 335 as follows to wit: BEGINNING at a point on the Northeast side of Concord Circle (50 feet wide) which point is a corner common to Lots 231 and 232 on said plan; thence extending along the said side of Concord Circle on the arc of a circle curving to the left having a radius of 325.00 an arc distance of 57.03 feet to a point of compound curve; thence extending along a radius round corner connecting the said side of Concord Circle with the Southeast side of Sturbridge Drive (60 feet wide) on the arc of a circle curving to the right having a radius of 30.00 feet an arc distance of 48.32 feet to a point of tangent on the Southeast side of Sturbridge Drive; thence extending No. 58 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2006-008646 ALL THAT CERTAIN parcel of land shown as Lot No. 57 on a Plan of a Revision of Clearfield Crossing Phase IV, being recorded in Plan Book 93, page 107, in the Township of Bush- 44 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 kill, County of Northampton, and State of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the easterly property line of Clearfield Road, a corner also in Lot No. 51; thence along said Lot No. 51 South 56 degrees 29 minutes 18 seconds East 223.46 feet to an iron pin; thence along the same South 39 degrees 10 minutes 02 seconds East 64.45 feet to an iron pin, a corner also in Lot No. 58; thence along said Lot No. 58 South 50 degrees 49 minutes 58 seconds West 256.14 feet to an iron pin on the easterly property line of Clearfield Road; thence along said Clearfield Road North 39 degrees 10 minutes 02 seconds West 20.03 feet to a point; thence along the same on a curve to the right having a radius of 270.00 feet and an interior angle of 72 degrees 40 minutes 39 seconds an arc distance of 342.49 feet (chord bearing and distance north 2 degrees 49 minutes 38 seconds West 319.98 feet) to the place of BEGINNING. BEING KNOWN as 650 Clearfield Road, Nazareth, PA 18064. PARCEL NO: H7-14-21G. BEING the same premises which Lester A. Green, Sr. and Vicky H. Green by Deed dated May 1, 2003, and recorded May 5, 2003, in Book 2003-1, Page 159461, granted and conveyed unto Camille Kafka, in fee. PARCEL IDENTIFICATION NO: H7-14-21G, Premises: 650 Clearfield Road, Nazareth, PA 18064 Bushkill, Northampton County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Camille Kafka and Keoma Gopaulsingh, by Deed from Camille Kafka, dated 10/11/2005, recorded 5/1/2008 10/20/2005, in Deed Book 2005-1, page 414626. THEREON BEING ERECTED a two story single dwelling w/attached two-car garage, brick and vinyl sided exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Keoma Gopaulsingh and Camille Kafka. DANIEL G. SCHMIEG, ESQUIRE No. 59 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2003-003652 ALL THOSE CERTAIN lots of land, with improvements thereon erected, Situate in the Township of Palmer, County of Northampton and Commonwealth of PA being known and designated as Lots Nos. 1023, 1024, 1025 and 1026 as shown on the Map or Plan of Jones Terrace, entered in the Office of the Recording of Deeds of Northampton County in Map Book 8 page 15, bounded and described as follows, to wit: BEGINNING at a point on the North side of Vermont Street, said point being distant 240 feet from the northwest corner of Vermont Street and Blair Street, thence along the North side of Vermont Street and Heil Avenue 115.69 feet to a point, the Northeast corner of Vermont Street 105.79 feet to a point, the Northeast corner of Vermont Street and Heil Avenue; thence along the East side of Heil Avenue 115.69 feet to a point the Southeast corner of Heil Avenue and a 20 foot wide alley; thence along the South side of a 20 foot wide alley 69.98 feet to a point; thence along Lot No. 1027, 110 feet to the place of beginning. CONTAINING 9,668 square feet, more or less. 45 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 BEING Tax Map No. M8NE3-22B. BEING the same premises which Leroy G. Walters, by Deed dated August 13, 1999 and recorded in the Office of the Recorder of Deeds of Northampton County on August 23, 1999, in Deed Book 1999-1, Page 128622, granted and conveyed unto Daniel T. Costanzo and Carol A. Costanzo. BEING KNOWN AS 3419 Vermont Street, Easton, Pennsylvania. THEREON BEING ERECTED a ranch style dwelling w/attached onecar garage, stone and aluminum siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Daniel T. Costanzo and Carol A. Costanzo. KRISTINE M. ANTHOU, ESQUIRE 5/1/2008 the Office for the Recording of Deeds, etc., in and for said County of North ampton in Map Book Volume 12, page 9. TITLE TO SAID PREMISES IS VESTED IN Michael Bolan and Diana Botti, by Deed from Alphonso Jackson, Secretary of Housing and Urban Development of Washington D.C., their Attorney in fact/agent, Carole Armstrong, dated 07/07/2005, recorded 07/19/2005, in Deed Book 2005-1, page 267122. Premises being: 820 MAPLE ROAD, HELLERTOWN, PA 18055. Tax Parcel No. Q7SE4A-10-12. THEREON BEING ERECTED a cape style dwelling with aluminum siding exterior and shingle roof. SEIZED AND TAKEN into execution of the writ as the property of Michael Bolan and Diana Botti. DANIEL G. SCHMIEG, ESQUIRE No. 60 BY VIRTUE OF A CERTAIN WRIT OF EXECUTION CV-2007-011237 ALL THAT CERTAIN lot or piece of ground situate, lying and being in the Borough of Hellertown, in the County of Northampton, in the Commonwealth of Pennsylvania, consisting of and being designated as Lot No. 9 in Block No. 8 of the map entitled ‘Rentz heimer Farm Development, Section C, Mountainview Property of Bethlehem Steel Company-Located in Borough of Hellertown, Northampton County, Pa’ dated November 6, 1947, Rev. April 13, 1948, which is filed in Schedule of Distribution will be filed by the Sheriff thirty days from the date of the sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days from the date of filing the Schedule of Distribution. JEFFREY K. HAWBECKER Sheriff Northampton County, Pennsylvania CHRISTOPHER T. SPADONI ESQUIRE Solicitor to the Sheriff Apr. 17, 24; May 1 46 Herstitch v. Harper et al. 57 ROGER HERSTITCH, Plaintiff v. DEAN HARPER, D&A EMERGENCY EQUIPMENT, THE BOROUGH OF HELLERTOWN, ROBERT P. BALUM, CHIEF OF POLICE OF THE BOROUGH OF HELLERTOWN and HAVIS-SHIELDS CORPORATION, Defendants Summary Judgment—Strict Liability—Negligence—Negligent Infliction of Emotional Harm. Plaintiff was allegedly injured in a car accident when the air bags in the vehicle deployed causing laptop computer mounts to impact the plaintiff. Plaintiff filed a complaint against defendants for strict liability, negligence, and negligent infliction of emotional harm. Defendants, Dean Harper (“Harper”), D&A Emergency Equipment, and Havis-Shields Corporation brought a motion for summary judgment for plaintiff’s failure to produce expert testimony regarding the defective condition of the computer mounts. The court granted defendants’ motion for summary judgment because “Regardless of whether the plaintiff proceeds under a strict liability or negligence theory, recovery for inadequate design depends upon the availability of an alternative.” Pennsylvania Practice; Torts: Law and Advocacy, Litvin and McHugh, §9.38, p. 354. It is beyond the experience of laymen to know what alternative design options, if any, are available for installation of a computer stand in the vehicle’s cab. This would require testimony from an engineer or expert in the structural design field. Under Pennsylvania law, expert testimony is required when the matter before the fact-finder involves skill and training beyond that of the ordinary layman. Electron Energy Corporation v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991); Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667 (1967). In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division—Law, No. C0048CV2002006169. ment. Order of Court granting defendants’ motion for summary judgLEWIS L. THOMPSON, JR., ESQUIRE, for Plaintiff. HARRY D. MCMUNIGAL, ESQUIRE, and EDWARD J. CERMANSKI, ESQUIRE, for defendants. Order of Court entered March 20, 2006 by FREEDBERG, P.J. OPINION This matter is before the court on defendants’, Dean Harper (“Harper”), D&A Emergency Equipment, and Havis-Shields Corporation, motions for summary judgment. Plaintiff, a police officer of the Borough of Hellertown, struck a deer while on duty in his patrol car. The front-end impact with the deer deployed both the driver and passenger air bags. Plaintiff alleges that the deployment of the air bags caused the laptop TCB computer mounts to be forced into his head, shoulder, and arm resulting in severe injuries. At the time of the accident, only the computer mounts were installed; the laptop was not in47 58 Herstitch v. Harper et al. Vol. 55 stalled. The computer mounts were installed by Harper and D&A Emergency Equipment. D&A Emergency Equipment purchased the mounts from manufacturer Havis-Shields Corporation and alleges that the mounts were installed following the instructions provided by the manufacturer. Plaintiff alleges that Harper and D&A Emergency Equipment installed the mounts without properly reconstructing the interior of the patrol car in an effort to save time; therefore, the mounts represented a danger to the driver if the air bags deployed. Plaintiff further alleges that Harper and D&A Emergency Equipment knew that the mounts were dangerous and installed them regardless. Plaintiff also asserts that there were no warnings placed on the mount to inform drivers of the possible danger the mounts presented. STANDARD Plaintiff has alleged causes of action against the defendants, Harper, D&A Emergency Equipment, and Havis-Shields Corporation for strict liability, negligence, and negligent infliction of emotional harm. Pa. R.C.P. 1035.2, states: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law ... (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense, which in a jury trial, would require the issues to be submitted to a jury. In determining whether to grant summary judgment, this court must view the record in a light most favorable to the non-moving party and must resolve all doubts as to the existence of a genuine issue of material fact against the moving party. Potter v. Herman, 762 A.2d 1116, 1117-18 (Pa. Super. 2000). However, a party seeking to avoid the entry of summary judgment against it may not rest upon mere allegations or denials contained in its pleadings. On the contrary, a party seeking to avoid summary judgment is required to show, by depositions, answers to interrogatories, admissions or affidavits, that there is a genuine issue for trial. Pa. R.C.P. 1035.3.1 Controverted facts contained in the pleadings are ignored when deciding a motion for summary judgment. Phaff v. Gerner, 451 Pa. 146, 150, 303 A.2d 826, 829 (1973). Thus, summary judgment is proper only when the uncontroverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no ——— 1 Formerly Pa. R.C.P. 1035. 48 Herstitch v. Harper et al. 59 genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. Potter v. Herman, supra at 1117. ISSUE By Order of Court discovery in the instant matter was to be completed by August 31, 2005, and plaintiff was to exchange expert reports with defendants by September 30, 2005. Plaintiff has failed to produce any expert reports. The motions raise the contention that plaintiff cannot prove what is required without expert testimony. STRICT LIABILITY A cause of action in strict liability permits a plaintiff to recover where a product in “a defective condition unreasonably dangerous to the user or consumer” causes harm. Phillips v. A-Best Products Co., 542 Pa. 124, 131, 665 A.2d 1167, 1170 (1995), quoting Restatement (Second) of Torts, Section 402A. Three types of defective conditions can give rise to a strict liability claim: design defect; manufacturing defect; or a failure to warn defect. Id. at 131, 665 A.2d at 1170-1171. The plaintiff has the burden in a strict liability cause of action for a defective product to prove (1) the product was defective; (2) the defect caused the injury; and (3) the defect existed at the time the product left the manufacturer. Demmler v. SmithKline Beecham Corp., 448 Pa. Super, 425, 430-31, 671 A.2d 1151, 1154 (1996). A manufacturing defect is proven by a breakdown in the machine or a component thereof. Riley v. Warren Manufacturing, Inc., 455 Pa. Super. 384, 390, 688 A.2d 221, 224 (1997). The record is absent any proof that the computer mounts were in some manner defective or broken in and of themselves; therefore, plaintiff cannot establish a manufacturing defect. A defective product can also give rise to a strict liability claim when a plaintiff proves that the design of the product results in an unreasonably dangerous product, i.e., a design defect. Riley v. Warren Manufacturing, Inc., supra at 390, 688 A.2d at 224. It is a question of law whether a product is unreasonably dangerous. Id. When making the determination whether a product is unreasonably dangerous because of a design defect the court may consider several factors, which include: The gravity of the danger posed by the challenged design; the likelihood that such danger would occur; the mechanical feasibility of a safer design; and the adverse consequences to the product and to the consumer that would result from a safer design. Id. at 391, 688 A.2d at 225. Additional factors that the court may consider include: (1) The usefulness and desirability of the product—its utility to the user and to the public as a whole. 49 60 Id. Herstitch v. Harper et al. Vol. 55 (2) The safety aspects of a product—the likelihood that it will cause injury, and the probable seriousness of the injury. (3) The availability of a substitute product which would meet the same need and not be as unsafe. (4) The manufacturer’s ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility. (5) The user’s ability to avoid danger by the exercise of care in the use of the product. (6) The user’s anticipated awareness of the dangers inherent in the product and their avoidability, because of general public knowledge of the obvious condition of the product, or of the existence of suitable warnings or instructions. (7) The feasibility on the part of the manufacturer, of spreading the loss, of setting the price of the product, or carrying liability insurance. Taking into consideration the factors set forth above, the plaintiff has failed as a matter of law to establish a design defect. The plaintiff asserts that the positioning of the computer mounts was dangerous, but provides no evidence of the gravity of danger posed by that positioning. There is nothing in the record that proves that the computer mounts would cause the injury routinely when the air bags deploy or that the computer mounts would cause grave injury when the air bags deploy. There is nothing in the record that shows the feasibility of an alternative design or the feasibility to spread the cost of an alternative design to the public. The feasibility of an alternative design and gravity of danger posed by the challenged design are the types of matters that go beyond the skill and training of an ordinary layperson. Under Pennsylvania law, expert testimony is required when the matter before the fact-finder involves skill and training beyond that of the ordinary layman. Electron Energy Corporation v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991); Reardon v. Meehan, 424 Pa. 460, 227 A.2d 667 (1967). “Where a plaintiff fails to produce an expert in a situation requiring one, the court should grant a defendant’s motion for summary judgment.” Masgai v. Franklin, 787 A.2d 982, 985 (Pa. Super. 2001). Plaintiff has failed to produce evidence that the computer mounts could have been placed in a safer manner, and therefore, has failed to prove a design defect. The final way a defective condition gives rise to a strict liability claim, is if the plaintiff proves that the product is defective for the manufacturer’s “failure-to-warn.” Phillips v. A-Best Products Co., supra at 131, 665 A.2d at 1171. “A product is defective due to a failure-to-warn where the product was ‘distributed without sufficient warnings to notify the ultimate user of 50 Herstitch v. Harper et al. 61 the dangers inherent in the product.’ ” Id.; quoting Mackowick v. Westinghouse Electric, 525 Pa. 52, 56, 575 A.2d 100, 102 (1990). [A] plaintiff raising a failure-to-warn claim must establish only two things: that the product was sold in a defective condition ‘unreasonably dangerous’ to the user, and that the defect caused plaintiff’s injury. To establish that the product was sold in a defective, the plaintiff must show that a warning of a particular danger was either inadequate or altogether lacking, and that this deficiency in warning made the product ‘unreasonably dangerous.’ For the plaintiff in a failure-to-warn claim to establish the second element, causation, the plaintiff must demonstrate that the user of the product would have avoided the risk had he or she been warned of it by the seller. If the plaintiff fails to establish either of these two elements, the plaintiff is barred from recovery as a matter of law. (Citations omitted.) Phillips v. A-Best Products Co., supra at 131-32, 665 A.2d at 1171. In plaintiff’s deposition he testified he knew of the dangers that the computer mounts could pose because of their location to the air bag. Since plaintiff had actual knowledge of the danger of the placement of the computer mounts, defendants cannot be held strictly liable for failure-to-warn because the plaintiff knew of the risk. See Phillips v. A-Best Products Co., supra at 132, 665 A.2d at 1171; Sherk v. Daisy-Heddon, 498 Pa. 594, 450 A.2d 615 (1982). Therefore, plaintiff has failed to prove a right to recover for failure-to-warn. NEGLIGENCE Negligence and strict liability are distinct causes of action. Moroney v. General Motors Corporation, 850 A.2d 629, 635 (Pa. Super. 2004). To maintain a cause of action in negligence a plaintiff must show that the defendant had a duty to conform to a certain standard; that the defendant breached that duty by unreasonable conduct; that the breach of duty caused the injury in question; and that actual loss or damages occurred. Phillips v. Cricket Lighters, 576 Pa. 644, 841 A.2d 1000, 1008 (2003). In a cause of action alleging negligent design, the two critical questions are: were the risks to the plaintiff foreseeable, and did the supplier owe a duty to guard against the defect in its design. Pennsylvania Practice; Torts: Law and Advocacy, Litvin and McHugh, §9.34, p. 342. “Regardless of whether the plaintiff proceeds under a strict liability or negligence theory, recovery for inadequate design depends upon the availability of an alternative.” Pennsylvania Practice; Torts: Law and Advocacy, Litvin and McHugh, §9.38, p. 354. Plaintiff has the burden to prove a breach of a duty by showing that defendant did an unreasonable act or failed to do a reasonable act. See supra, Phillips v. Cricket Lighters. Normally it is within the capacity of non-experts who serve as jurors to determine whether the defendant has 51 62 Herstitch v. Harper et al. Vol. 55 acted reasonably under the circumstances. See e.g., Pollak v. Holencik, 48 D. & C. 4th 57 (2000). For example, drawing on common experience and understanding, a jury of laymen can determine whether a possessor of real property unreasonably failed to remove ice from a walkway. In certain situations, the determination whether conduct is reasonable is beyond the uninformed capability of laymen. In such cases, plaintiff must present expert testimony to inform the jury so that it can decide whether conduct was reasonable. Supra, Electron Energy Corp. v. Short; Reardon v. Meehan. In the instant case, plaintiff claims defendants unreasonably placed the computer stand in the cab of the police car. To determine whether conduct is unreasonable, a jury must know what alternatives to the chosen course were available. In the case of the ice in the walkway, laymen are capable of knowing that an alternative course would be removal of the ice; no expert is needed. In the instant case, however, it is beyond the experience of laymen to know what alternative design options, if any, are available for installation of the computer stand in the vehicle’s cab. This would require testimony from an engineer or expert in the structural design field. That is, are there other methods of installing the computer stand which would allow it to serve its intended purpose without being exposed to the exploding air bags? It is only when the jury knows this can they determine whether the defendants acted in an unreasonable manner. Further, the jury would have to be informed whether the placement of the computer stand where it would be impacted by the air bags was such that there was a likelihood that such an impact would propel the stand into the driver. Only an expert could provide such information to laymen. Since plaintiff has failed to produce an expert’s opinion regarding the foreseeability of risk that the computer mounts in their installed position presented and regarding the feasibility of an alternative design, plaintiff cannot prove a cause of action in negligence. NEGLIGENT INFLICTION OF EMOTIONAL HARM Negligence is an essential element for a cause of action of negligent infliction of emotional harm. See Banyas v. Lower Bucks Hospital, 293 Pa. Super. 122, 128, 437 A.2d 1236, 1239 (1981); citing Restatement (Second) of Torts §436. Plaintiff’s failure to produce evidence of facts essential to the cause of action for negligence, requires this court to also grant defendants’ summary judgment motion for negligent infliction of emotional harm. Wherefore, we enter the following Order of Court: ORDER AND NOW, this 20th day of March, 2006, it is hereby ordered that defendants’, Dean Harper, D&A Emergency Equipment, and Havis-Shields Corporation, motions for summary judgment against plaintiff, Roger Herstitch, are GRANTED. 52 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 NORTHAMPTON COUNTY REPORTER DIGEST—2008-5 RECENT DECISIONS OF THE COURTS OF COMMON PLEAS OF NORTHAMPTON COUNTY COMMONWEALTH OF PENNSYLVANIA v. MICKEY JACKSON Omnibus Pre-Trial Motion To Dismiss Charges and Suppression of Statements In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal Division—No. 2007-1784. Order of the Court denying Defendant’s Motions. William Matz, Esquire for the Commonwealth. Holly V. Calantoni, Esquire for Defendant. Order of the Court entered on October 31, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION The Defendant filed an Omnibus Pretrial Motion seeking to suppress statements made by him to police, arguing that the statements were made without the benefit of being read his Miranda rights and that admission of the statements would violate Defendant’s Constitutional rights. The Court held that statements were “blurt outs” made independent of any custodial interrogation and are therefore not subject to suppression. In light of the totality of the circumstances, the Commonwealth presented sufficient evidence to make out a prima facie case against Defendant for the charges against him. BOROUGH OF WALNUTPORT v. TIMOTHY DENNIS AND ROSEMARY DENNIS, HUSBAND AND WIFE Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. 1994-ML-8215. Order of Court denying in part and sustaining in part cross Preliminary Objections of Defendants and Plaintiff. Michael F. Corriere, Esquire for Plaintiff. Timothy Dennis and Rosemary Dennis, Pro Se. Order of the Court entered on November 5, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION Defendants filed an Affidavit of Defense in response to a Writ of Scire Facias for a municipal lien on Defendants’ property for the installation of curbing. Demurrer filed on behalf of the Defendants was sustained in part, in so far as the Borough is given twenty days to amend its lien to include the date that the improvements were installed as required by 53 P.S. §7144(5). In all other respects the Defendants’ Demurrer was denied, since Plaintiff had established notice, compliance with the six-month filing requirement of the municipal lien, and statutory support for the ten percent interest charge. Demurrer filed on behalf of the Plaintiff was sustained with regard to all claims, with the exception of the defense/claims challenging the rate of interest, the assessment for the tree cutting and stump removal, and the defense alleging the failure to file the lien within the time frame set by 53 P.S. §7143. The Demurrer to the defense/claims challenging the rate of interest, the assessment for the tree cutting and stump removal 53 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 and the defense alleging the failure to file the lien within the time frame set by 53 P.S. §7143 defense/claim for mistake were denied. BARBARA J. COUCH, AS ADMINISTRATRIX OF THE ESTATE OF REBECCA HAMEL, DECEASED, AND BARBARA J. COUCH, IN HER OWN RIGHT v. NORTHAMPTON HOSPITAL CORPORATION, NORTHAMPTON HOSPITAL CORPORATION D/B/A EASTON HOSPITAL, NORTHAMPTON CLINIC COMPANY, LLC, NORTHAMPTON CLINIC COMPANY, LLC, D/B/A BRIGHTON OBSTETRICS AND GYNECOLOGY, BRUCE M. KAUFFMAN, M.D., P.C., BRUCE M. KAUFFMAN, M.D., P.C. D/B/A BRIGHTON OBSTETRICS AND GYNECOLOGY, LTD, BRIGHTON OBSTETRICS AND GYNECOLOGY, P.D., AND DANIEL M. SCHWARTZMAN, M.D. Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C-48-CV-2007-3781. Order of Court Sustaining in part and Overruling in part Preliminary Objections. Steven G. Wigrizer, Esquire for Plaintiffs. Peter J. Druckenmiller, Jr., Esquire for Defendant Easton Hospital. Candy Barr Heimbach, Esquire for Defendant Schwartzman, et al. Order of the Court entered on November 5, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION In a wrongful death and medical malpractice action, Defendants separately filed preliminary objections to the Plaintiff’s Amended Complaint on similar grounds of agency and insufficient fact specificity. The claims for actual agency, ostensible agency and corporate negligence through vicarious liability were not specifically pled so as to inform the Defendants as to the nature of any agency relationship, clearly identify the alleged principals actors and provide a factual background that supports each separate theory. The Court granted the Defendants’ respective demurrers and requests for a more specific pleading as to the claims of agency and ostensible agency. In relying on Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa. 1983), as requiring a defendant to purge the complaint of generalized averments by preliminary objection to protect itself from the injection of new theories of liability prior to verdict, the court struck language deemed to be vague and imprecise. BETHLEHEM MEDICAL ARTS, LP, BETHLEHEM MEDICAL ARTS, LLC AND ABDULHAY ASSOCIATES, L.P. v. DILWORTH PAXSON, LLP AND MICHAEL ECKER INDIVIDUALLY AND AS A PARTNER IN DILWORTH PAXSON, LLP. Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C-48-CV-2005-3925. Order of Court Denying Preliminary Objections in nature of demurrer. Richard F. Stevens, Esquire for Plaintiffs. James J. Rodgers, Esquire for Defendants. 54 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 Order of the Court entered on November 9, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION Defects in Plaintiff’s Original Complaint, such as verification by an attorney, were cured by the filing of the Amended Complaint. The Amended Complaint was properly brought derivatively by a partner and a proposed amendment to the Amended Complaint after the statue of limitations had run was allowed to correct the name of a party. Defendant’s objection challenging the statute of limitation was improper via preliminary objection and must be brought as an affirmative defense and pleaded as new matter. Defendants’ demurrer was denied, because Plaintiff set forth causes of action for legal malpractice, breach of fiduciary duty and breach of contract, and any attempt by Defendants to supplement the record with additional facts missing from the complaint constitutes an impermissible speaking demurrer. COMMONWEALTH OF PENNSYLVANIA v. ANTHONY J. SANTOS Post Sentence Motion In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal Division—No. C-48-CR-1481-2006. Order of Court denying Defendant’s Post Sentence Motion pursuant to Pa. C.S.A. §9541 et seq. Terence Patrick Houck, Esquire for the Commonwealth. Mark Refowich, Esquire for Defendant. Order of the Court entered on November 27, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION Defendant, convicted of criminal homicide in the third degree, filed a post sentence motion requesting relief on grounds of ineffective assistance of counsel, denial of defense expert testimony as to the effects of crack cocaine on the victim, the prosecutor’s comment in closing that the Defendant refused to testify, and lack of evidentiary support. Defendant failed to meet the standard for proving ineffective assistance of counsel, which is: (1) that the underlying claim is of arguable merit; (2) that counsel’s performance lacked a reasonable basis; and (3) that the ineffectiveness of counsel caused him prejudice. Defendant’s complaints of lack of discovery, if true, would not have to a reasonable degree of probability changed the outcome of the proceedings. Defendant was more prejudiced by his own refusal to testify, which was appropriate for the Commonwealth to address in its closing statement in accordance with the principles of “fair response” to the opening statements of the defense. Expert testimony as to the victim’s mental state and behavior was deemed pure speculation, because it was lacking a factual foundation that as a result of cocaine and alcohol in the victim’s blood stream that the victim was aggressive, homicidal and had a total loss of caution. As to the evidentiary claim, the record fully developed a factual basis to sustain the conviction and support the sentence, which is appropriate under the guidelines. 55 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 COUNTRY CLASSICS AT MORGAN HILL, LLC, AND MORGAN HILL GOLF CLUB, LLC v. WILLIAMS TOWNSHIP, AND WILLIAMS TOWNSHIP BOARD OF SUPERVISORS, SALLY HIXON, ROBERT DOERR, AND FRED MEBUS Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C0048CV20075358. Order of Court denying Preliminary Objections in nature of a demurrer. Krist P. Harper, Esquire and Michael A. Klimpl, Esquire for Plaintiffs. Brian Monahan, Esquire for Defendants. Order of the Court entered on November 30, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION This case questioned the dedication and acceptance of public streets, utility easements, and public improvements from a subdivision developer to a township. The first preliminary objection in the nature of a demurrer alleged legal insufficiency in Plaintiffs’ entitlement to a mandamus action to compel the township to accept the dedication of the public roads and improvements. Plaintiffs were entitled to pursue the mandamus action, because they were seeking to require the township to honor its written contractual agreement, not just an act of discretion. The second demurrer alleged failure to join an indispensable party, which was denied on grounds that the alleged indispensable parties had no direct interest in the contractual relationship between the Plaintiffs and the township. STATE FARM FIRE AND CASUALTY COMPANY, AS SUBROGOR OF GEORGE C. KISS AND REBECCA K. KISS v. LENNOX HEARTH PRODUCTS, INC., THERM-O-DISC, INC. AND HINTON & SONS, INC. Motion for Leave to File an Amended Complaint In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C0048CV2006-0793. Order of the Court granting Plaintiffs’ Motion for Leave to File an Amended Complaint. Frank G. Procyk, Esquire for Plaintiffs. Dana Hinerman Augustine, Esquire and Louis A. Bove, Esquire for Defendant Lennox Hearth Products, Inc. Michael Kunsch, Esquire for Defendant Therm-o-disc, Inc. Joanne Kelhart, Esquire for Defendant Hinton & Sons, Inc. Order of the Court entered on December 4, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION Plaintiffs sought to amend their original complaint with causes of action in product liability, negligence and breach of warranty in order to assert and allege successor liability against the defendants involving the manufacture, distribution and sale of the subject pellet stove that caused property damage. The court allowed the amendment, because it merely amplified the existing causes of action instead of creating a new cause of action. Furthermore, there was no prejudice to the defendants; the same operative facts and damages supported the proposed 56 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 amendment; the timing of the proposed amendment was before trial had yet to even be scheduled; and the amendment was for successor liability where defendants are alleged to have assumed liability by voluntarily becoming the successor corporation. COMMONWEALTH OF PENNSYLVANIA v. JOSEPH DELGADO Post Conviction Relief Act Petition In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal Division—No. 2004-3992. Order of the Court dismissing Defendant’s Post Conviction Relief Act Petition. Patricia C. Broscius, Esquire for the Commonwealth. Joseph Delgado, Pro Se. Order of the Court entered on December 21, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION The petitioner brought a second P.C.R.A. Petition, identical to a prior P.C.R.A. Petition, which again asserts the allegation of a purported recantation by the victim of sexual assault. During sentencing, the petitioner volunteered that he engaged in sexual intercourse with his minor daughter, therefore the allegations of a purported recantation are meritless. Further, this second P.C.R.A. was filed well beyond the one-year statutory period and is therefore untimely. FRANK ALLEGRETTA v. JAMES FEBBO AND SONS, INC., AND JAMES FEBBO, INDIVIDUALLY Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C-0048-CV-2007-0632. Order of Court Granting Preliminary Objections. Frank Allegretta, Pro Se. Ronald J. Karasek, Esquire for Defendants. Order of the Court entered on December 20, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION The complaint for violations of the Unfair Trade Practices and Consumer Protection Acts, promissory estoppel and unjust enrichments stemming from an allegedly excessive plumbing bill, was procedurally defective for reasons of improper service, dissimilar notices to defend and lack of an appropriate verification. The complaint was also legally insufficient. The court also noted that preparation of legal pleadings by a lay person constitutes the unauthorized practice of law and, by plaintiff’s own admission in the pleading, the preparation of the complaint was done by a non-attorney. SHAWN BRANUM v. LEISA BRANUM Non-Jury Custody Trial In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C0048CV2004000675. Order of Court denying Petition to Relocate and denying Petitions for Primary Physical Custody. 57 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 Stanley J. Margie, III, Esquire for Plaintiff Shawn Branum. April L. Cordts, Esquire for Defendant Leisa Branum. Order of the Court entered on December 31, 2007 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION The parties had an established custody order for evenly divided joint physical and legal custody. The Court was presented with mother’s petition to relocate out of state and for primary physical custody and father’s counter petition for primary physical custody in the event that mother relocated. The mother failed to meet the Gruber standard for relocating with the minor children. The court determined that the proposed relocation would not significantly improve the quality of life for the mother and children, the mother’s motive for relocation was for self-improvement, the father’s motive of resisting the relocation was to maintain his relationships and high-level of involvement with the children, and the mother failed to provide a realistic substitute visitation arrangement. After further reviewing the factual record, the Court determined that it would be in the minor child’s best interests to deny relocation and both parents’ petitions for primary physical custody. The previous custody order remained in full force and effect. However, should the mother relocate out-of-state the parties would continue to share legal custody, but father would have primary physical custody. JOHN HEIDECKER v. BRETT FARYNIAK D/B/A SIEKONIC LAWN CARE, TIGER DEN PARTNERS II, LLC, AND SHEETZ, INC. Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C-48-CV-2007-6214. Order of Court Sustaining Preliminary Objections. Daniel M. O’Donnell, Esquire for Plaintiff. Joseph F. McNulty, Jr., Esquire for Defendants. Order of the Court entered on January 8, 2008 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION In a negligence action for physical injuries sustained where a snow plow ran over the Plaintiff in the parking lot, Defendants separately filed preliminary objections to the Plaintiff’s Amended Complaint on similar grounds in the form of Motions to Strike Punitive Damages. The Court granted the Defendants’ respective motions, because the factual averments against the Defendants did not rise to the level of outrageous behavior or reckless indifference. LILLIAN EIKE AND THOMAS R. EIKE v. KATHLEEN M. TRILLI, KIM TRILLI, KIRSTEN M. WILLIAMS AND LARRY A. CARON Preliminary Objections In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action— Law, No. C0048CV2007001985. Order of Court sustaining Preliminary Objections. Kelly Clifford Rambo, Esquire for Plaintiffs. Susan J. Vandegrift, Esquire for Defendants Kathleen M. Trilli, Kim Trilli. 58 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 James J. Dodd-o, Esquire for Defendants Kirsten M. Williams and Larry A. Caron. Order of the Court entered on January 8, 2008 by Stephen G. Baratta, Judge. DESCRIPTION OF DECISION These actions for negligence, negligent entrustment and loss of consortium arise out of an automobile accident which resulted in physical injuries. The Court sustained Defendant’s preliminary objection to the negligent entrustment claim and struck it from the Complaint, because it lacked a sufficient factual pattern. Defendants’ preliminary objection to specific language was also sustained where it referred to violations “of the laws and rules of the road of the Commonwealth of Pennsylvania” and referenced injuries by stating “including but not limited to”. The Court relied on previous rulings interpreting Connor v. Allegheny Gen. Hosp., 461 A.2d 600 (Pa. 1983), holding that a defendant is required to purge a complaint of generalized averments by preliminary objection to protect itself from the injection of new theories of liability prior to a verdict. The Court granted leave to Plaintiffs to file an amended complaint. 59 NORTHAMPTON COUNTY REPORTER Vol. 55 No. 18 5/1/2008 NEW JERSEY LAW JAMES L. PFEIFFER, ESQ. * Former New Jersey Superior Court Judge Vicinage 13 – Warren, Hunterdon and Somerset Counties * Municipal Solicitor Greenwich Township, Warren County, NJ Municipal Prosecutor Allamuchy Township, Warren County, NJ Former Municipal Prosecutor Town of Phillipsburg, Greenwich Township, Knowlton Township, and Blairstown Township, Warren County, NJ Former Planning Board Member Pohatcong Township Planning Board, Warren County, NJ Largest Jury Verdict – 2.2 Million Dollars Areas of Practice ƕ ƕ ƕ ƕ ƕ Personal Injury Products Liability Worker’s Compensation Civil Litigation Employment ƕ ƕ ƕ ƕ ƕ Commercial Development Residential Development Wills and Estates Business Law Criminal / Drunk Driving Licensed NJ & PA FREE CONSULTATIONS REFERRALS ŏ JOINT VENTURES Pfeiffer, Bruno, Minotti & DeEsch 44 North Second Street, Easton, PA 18042 PA (610) 258-4003 NJ (908) 454-7100 PERIODICAL PUBLICATION * Dated Material. Do Not Delay. Please Deliver Before Monday, May 5, 2008 D E L I V E R TO: