Legatum Properties, LLC, Plaintiff v. Physician ... · Courthouse Library Copy Machine Cards Copy machine cards are still available at the NCBA Office. If you make any copies on the

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.

(USPS 395-280)VOL. LX EASTON, PA August 29, 2019 NO. 87

CONTENTS

INSERT: Green: 1. “Fines, Costs and Restitution: Tools for Effective Representation” 2. 2019 Calendar 3. NCBA/Miller Keystone Blood Center Blood Bank Program 4. Find us on: facebook

Cream: 1. “Why Did the AOPC Ask About My ‘Succession Plan’ on This Year’s Annual Attorney Registration Form?” 2. Quarterly Association Meeting 3. “VA Pension and Aid & Attendance” 4. 2019 Holiday Hope Chests Project

Yellow: 1. Annual Memorial Service 2. “Advance Care Planning: Advance Directive and Other Tools to Guide Medical Decisions (including special needs for those with dementia, intellectual/cognitive disabilities and other special circumstances)” 3. “Municipal Law Colloquium” 4. “Healthcare Liens in Personal Injury Cases: Mastering the Fundamentals of Subrogation”

NOTICE TO THE BAR...Quarterly Association MeetingThursday, September 12, 2019Registration form inside.

Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Court Calendar . . . . . . . . . . . . . . . . . . . . . . . . . 24Fictitious Name Registration Notice . . . . . . . . . 7Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4

Judicial Law Clerk . . . . . . . . . . . . . . . . . . . . . . . 21Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Notice of Incorporation . . . . . . . . . . . . . . . . . . . . 7Sheriff ’s Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Legatum Properties, LLC, Plaintiff v. Physician Professional Center, LLC, Defendant Post-Trial Motion—Rescission—Estoppel—Admissions—Preservation of Error

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Northampton County ReporterAttorney Referral & Information Service

155 South Ninth Street, P.O. Box 4733Easton, PA 18042

Phone (610) 258-6333 Fax (610) 258-8715E-mail: [email protected]

PBA (800) 932-0311—PBI (800) 932-4637

NORTHAMPTON COUNTY BAR ASSOCIATION2019 BAR ASSOCIATION OFFICERS

Lisa Spitale . . . . . . . . . . . . . . . . . . . . . . . . . . . PresidentRobert Eyer . . . . . . . . . . . . . . . . . . . . . President-ElectMaura Zajac McGuire . . . . . . . . . . . . . . Vice PresidentPaul J. Harak . . . . . . . . . . . . . . . . . . . . . . . . . TreasurerSteven B. Molder . . . . . . . . . . . . . . . . . . . . . . SecretaryDaniel O’Donnell . . . . . . . . . . . . . . . . . . Past President

BOARD OF GOVERNORSDavid M. Backenstoe

Jeremy F. ClarkJacqueline K. HolmesMichael A. SantanastoRichard Eugene Santee

Douglas J. Tkacik Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta Richard P. Kovacs

Joel M. ScheerDaniel O’Donnell

BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingJelissa Fernandez . . . . . . . . . . . . . . . . . . . Legal JournalHeather Rizzotto-Stefanik . . . . . . . . .Attorney ReferralDeborah 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 REPORTER155 South Ninth St., Easton, PA 18042-4399

Telephone (610) 258-6333 FAX (610) 258-8715Ralph J. Bellafatto, Esquire

Editor

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All labor that uplifts humanity has dignity. ~ Martin Luther King, Jr.

NOTICE TO NCBA MEMBERS – BAR NEWS

Federal District Court Trifecta: Eastern, Middle and Western District Admissions Ceremonies on the Same Day: September 13, 2019

Judge Edward N. Cahn U.S. Federal Courthouse, Allentown, Courtroom 3C

You and your sponsor must arrive at the Courthouse by 11:00 a.m. (note this change from the original notice). All applications are online on each individual court website. Eastern and Middle District applications should be completed and either filed online or brought with you along with payment to the ceremony. The Western District is an online application only.

You are encouraged to sign up as early as possible. There are 100 attorneys interested in this ceremony so far. This ceremony is open to not only Northampton and Lehigh Counties but also Montgomery, Philadelphia, Chester, Delaware, etc. It is possible there could be a cap placed on the number of admittees if there is a large number of attorneys participating.

If you have any questions and/or if you plan to participate please contact Mary Beth Leeson at (610) 258-6333 or [email protected] so we can save a place for you on the admissions list.

Save the DatesAmicus Soirée – Friday, October 11, 2019

Location: Martin Guitar, Nazareth, PA.Ceremonial Admissions to the Northampton County Court of Common Pleas

Friday, December 6, 2019Location: Courtroom #1, 1:15 p.m.

Family Holiday Party – Sunday, December 15, 2019Location: The Phoenix, Nazareth PA, 2:00 p.m.

Courthouse Library Copy Machine CardsCopy machine cards are still available at the NCBA Office. If you make

any copies on the copy machine in the Law Library you may want to consider purchasing copy cards. The cards sell for $10.00. If you use the cards, copies are 15 cents rather than the usual 25 cents.

NORTHAMPTON COUNTY REPORTER Vol. 60 No. 87 8/29/2019

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ESTATE AND TRUST NOTICESNotice is hereby given that, in the

estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below.

FIRST PUBLICATIONBOKSENBAUM, MARTIN

WILLIAM, dec’d.Late of the Township of Lehigh, North ampton County, PAExecutrix: Pamela Rose Ruch c/o Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018

CHESTNUTT, CHARLES R., dec’d.Late of Bethlehem, North ampton County, PAExecutrix: Christine Deiter c/o Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394Attorneys: Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394

CONELIAS, MICHAEL J., dec’d.Late of Bethlehem, North ampton County, PAAdministrator: Trent P. Conelias c/o Douglas J. Tkacik, Esquire, 18 East Market Street, Bethlehem, PA 18018Attorney: Douglas J. Tkacik, Esquire, 18 East Market Street, Bethlehem, PA 18018

DEAN, WALTER S., dec’d.Late of Mount Bethel, North-ampton County, PAExecutrix: Janis Amodeo, 299 Fox Hill Rd., Denville, NJ 07834

KARABIN, THERESA C., dec’d.Late of Bethlehem, North ampton County, PAExecutor: Gregory George Karabin c/o Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018Attorneys: Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018

SMALE, MARY R. a/k/a MARY RACHAEL SMALE, dec’d.Late of North Catasauqua, North ampton County, PAExecutrices: Yvonne M. McDermott and Mary Jane Geiger c/o Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394Attorneys: Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394

SECOND PUBLICATIONCAMPBELL, CLAIRE JEAN a/k/a

CLAIRE P. CAMPBELL, dec’d.Late of Bethlehem, North ampton County, PA


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Klimek Family TrustSettlor: Frances M. KlimekTrustee: Janice Millets, 5527 Louise Lane, Northampton, PA 18067 c/o Reich & Furst, 121 North Cedar Crest Boulevard, Suite B, Allentown, PA 18104Attorneys: Reich & Furst, 121 North Cedar Crest Boulevard, Suite B, Allentown, PA 18104

McNEAL, RUTH A., dec’d.Late of Northampton, North-ampton County, PAPersonal Representative: Brian Charles McNeal c/o Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

MISHKO, EILEEN H., dec’d.Late of the Township of Allen, North ampton County, PAExecutor: James A. Mishko c/o George M. Vasiliadis, Esquire, Vasiliadis Pappas Associates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: George M. Vasiliadis, Esquire, Vasiliadis Pappas Asso-ciates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

MOYER, GEORGE R., dec’d.Late of Williams Township, North ampton County, PAExecutrix: Mindee K. Conway c/o Douglas J. Tkacik, Esquire, 18 East Market Street, Bethlehem, PA 18018Attorney: Douglas J. Tkacik, Esquire, 18 East Market Street, Bethlehem, PA 18018

Executor: Charles W. Campbell, 1 E. Airy St., Norristown, PA 19401

DeANGELIS, ALBERT R., SR., dec’d.Late of the Township of Lower Nazareth, North ampton County, PAExecutrix: Sandra M. Cheszar c/o Edward J. Andres, Esquire, Corriere and Andres, LLC, 433 East Broad Street, P.O. Box 1217, Bethlehem, PA 18016-1217Attorneys: Edward J. Andres, Esquire, Corriere and Andres, LLC, 433 East Broad Street, P.O. Box 1217, Bethlehem, PA 18016-1217

DELGROSSO, ELIZABETH L., dec’d.Late of Bethlehem, North ampton County, PAAdministrators: Domenick P. Delgrosso, Filomena A. Csaszar and Donna M. Leon c/o Norman E. Blatt, Jr., Esquire, 1218 Delaware Avenue, Bethlehem, PA 18015Attorney: Norman E. Blatt, Jr., Esquire, 1218 Delaware Avenue, Bethlehem, PA 18015

DiDONATO, MATILDA H., dec’d.Late of the Township of Bethlehem, Northampton County, PAExecutor: Robert R. Roseman c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

KLIMEK, FRANCES M., dec’d.Late of Northampton Borough, North ampton County, PA


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Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042

THIRD PUBLICATIONCAVISTON, CAROL, dec’d.

Late of the Township of Williams, North ampton County, PAExecutrix: Harriet Eve Caviston a/k/a Harriet Miller c/o Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042Attorney: Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042

GYORE, DOLORES B., dec’d.Late of 634 E. Broad Street, Bethlehem, North ampton County, PAExecutrix: Kathleen M. Gyore c/o Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104Attorney: Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104

KIBLER, RUSSELL C., III, dec’d.Late of Lehigh Township, North-ampton County, PAExecutrix: Lori A. Serfass c/o Michelle M. Forsell, Esquire, Norris McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101Attorneys: Michelle M. Forsell, Esquire, Norris McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101

LAPINSKI, CHARLES, dec’d.Late of Bethlehem, North ampton County, PAAdministrator: Charles C. Lapinski c/o Santanasto Law,

SEBRING, EDWARD S., dec’d.Late of Danielsville, North ampton County, PATrust of Edward S. SebringCo-Trustees: Mary-Susan S. Lesster and Sallie L. White c/o Noonan Law Office, 526 Walnut St., Allentown, PA 18101Attorneys: Noonan Law Office, 526 Walnut St., Allentown, PA 18101

SHINGLEDECKER, DENNIS C., dec’d.Late of Bethlehem, North ampton County, PAExecutrix: Mary MacMahon c/o Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018Attorneys: Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018

VanTASSEL-HIMEL, PENNY S. a/k/a PENNY S. VanTASSEL, dec’d.Late of the Township of Palmer, North ampton County, PAAdministratrix: Vivian C. Elam c/o Goudsouzian & Associates, 2940 William Penn Highway, Easton, PA 18045-5227Attorneys: Goudsouzian & Asso-ciates, 2940 William Penn Highway, Easton, PA 18045-5227

WOODS, DIANE G., dec’d.Late of the Township of Lower Mount Bethel, North ampton County, PAWoods Family Revocable Living TrustExecutor/Trustee: Frederick L. Woods, III c/o Theresa Hogan, Esquire, Attorney-at-Law, 340 Spring Garden Street, Easton, PA 18042


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210 E. Broad Street, Bethlehem, PA 18018Attorneys: Santanasto Law, 210 E. Broad Street, Bethlehem, PA 18018

MARX, DOROTHY T., dec’d.Late of the Borough of Northamp-ton, North ampton County, PAAdministratrix: Mary Margaret Zidzik c/o Stanley M. Vasiliadis, Esquire, Vasiliadis Pappas Asso-ciates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: Stanley M. Vasiliadis, Esquire, Vasiliadis Pappas Asso-ciates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

PLOTSKO, HARRY J., JR., dec’d.Late of the Borough of Northamp-ton, North ampton County, PACo-Administrators: Jeanette Mae Wuench and Eugene G. Demchuk c/o David B. Shulman, Esquire, Shulman Law Office PC, 1935 Center Street, Northamp-ton, PA 18067Attorneys: David B. Shulman, Esquire, Shulman Law Office PC, 1935 Center Street, Northamp-ton, PA 18067

STALEY, CATHERINE H., dec’d.Late of Bethlehem, North ampton County, PAExecutrix: Diane Staley Bernard c/o Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017At t o rneys : T imo thy J . Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017

THORPE, STEPHEN J., dec’d.Late of Bethlehem, North ampton County, PAExecutrix: Amy Haggerty c/o Michael A. Santanasto, Esquire, Santanasto Law, 210 E. Broad St., Bethlehem, PA 18018A t t o rneys : M i chae l A . Santanasto, Esquire, Santanasto Law, 210 E. Broad St., Bethlehem, PA 18018

YURASITS, JAMES J., dec’d.Late of the Township of Hanover, North ampton County, PAExecutrix: Carol Ann Wimmer, 910 Yorkshire Road, Bethlehem, PA 18017Attorney: James J. Holzinger, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

NOTICE OF INCORPORATIONNOTICE IS HEREBY GIVEN that

Articles of Incorporation were filed with the Department of State for:

EDWARDS MECHANICAL CONTRACTORS, INC.

a corporation organized under the Pennsylvania Business Corporation Law of 1988.

ANTHEIL MASLOW &MacMINN LLP

131 W. State StreetDoylestown, PA 18901

Aug. 29FICTITIOUS NAME

REGISTRATION NOTICEAn application for registration of

the fictitious name:STATEWIDE ASPHALT

4928 Coatbridge Lane, Walnutport, PA 18088 has been filed in the Department of State at Harrisburg, PA, file date June 17, 2019 pursuant to the Fictitious Names Act, Act 1982-295. The name and address of the person who is a party to the regis-tration are Vashty F. Cooper, Coat-bridge Lane, Walnutport, PA 18088.

Aug. 29


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NOTICE FOR CHANGE OF NAMENOTICE IS HEREBY GIVEN that

on August 20, 2019, the Petition of Kristi Saylor was filed in Northampton County Court of Common Pleas at No. C-48-CV-2019-07610, seeking to change the name of minor child from Lylah Brynlee Bean Bower to Lylah Brynlee Bean Keeler. The Court has fixed Monday, September 30, 2019 at 9:00 a.m., in courtoom #4 at the Northampton County Courthouse as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

Aug. 29MISCELLANEOUS LEGAL NOTICE

MISSING HEIR ESTATE NOTICEWHEREAS, GLENN W. SNYDER,

a resident of Palmer Township, Northampton County, Pennsylvania passed away on July 19, 2019, at the age of 70; and

WHEREAS, the above-named decedent is thought to have fathered a male child, whose name is believed to be Ken or Kenneth but with whom, together with the son’s mother, whose name is unknown to the family of the decedent, the decedent never had any contact with after the son’s purported birth;

ACCORDINGLY, anyone with information concerning a potential heir of GLENN W. SNYDER fitting the above description should immedi-ately contact:

ROBERT A. NITCHKEY, JR., ESQUIRE

Counsel for the Estate ofGlenn W. Snyder

730 Washington StreetEaston, PA 18042PH: (610) 258-0821

Aug. 29; Sept. 5, 12

IN THE COURT OF COMMON PLEAS

OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL ACTION—LAWBANK OF AMERICA, N.A.

Plaintiffvs.

BRUCE PAUL, in his capacity as Heir of MARLA PISKEL a/k/a

MARLA L. PISKEL a/k/a MARLA BARONIO PISKEL, Deceased

JONATHAN PISKEL, in his capacity as Heir of MARLA PISKEL a/k/a MARLA L. PISKEL a/k/a MARLA

BARONIO PISKEL, DeceasedUNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS

CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER

MARLA PISKEL a/k/a MARLA L. PISKEL a/k/a MARLA BARONIO

PISKEL, DECEASEDDefendants

NO. C-48-CV-2019-06461NOTICE

To: UNKNOWN HEIRS, SUCCES-SORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIA-TIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER MARLA PISKEL a/k/a MARLA L. PISKEL a/k/a MARLA BARONIO PISKEL, DECEASEDYou are hereby notified that on

July 17, 2019, Plaintiff, BANK OF AMERICA, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of NORTH-AMPTON County, Pennsylvania, docketed to No. C-48-CV-2019-06461. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3155 LUCAS DRIVE, BETHLEHEM, PA 18017-2769 whereupon your property would


9

be sold by the Sheriff of NORTHAMP-TON County.

You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you.

NOTICEIf you wish to defend, you must

enter a written appearance person-ally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

Lawyer Referral Service P.O. Box 4733Easton, PA 18043-4733Telephone (610) 258-6333

Aug. 29SHERIFF’S SALE OF

VALUABLE REAL ESTATEThe following real estate will be

sold by the Sheriff of Northamp- ton County, Pennsylvania, on SEPTEMBER 6, 2019, at ten o’clock a.m. in the COUNCIL CHAMBERS,

THIRD FLOOR, of the North amp ton County Government Center, within the City of Easton, County of North-amp ton and State of Pennsylvania.

PLEASE TAKE NOTICE that the sale price will include only the outstanding taxes certified to the Sheriff ’s Office. Any taxes not reported to the Sheriff are the responsibility of the purchaser.

No. C-48-CV-2014-12010U.S. BANKTRUST

NATIONAL ASSOCIATION, AS TRUSTEE ET AL.

vs.STEPHANIE A. PHILLIPS,

ELEANOR L. STULLProperty Address:4046 Nicholas Street, Easton, PA

18045UPI/Tax Parcel Number:M8NE4/13/1/0324All those certain lots or pieces of

ground situate in Palmer Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Stephanie A. Phillips and Eleanor L. Stull, as tenants in common, by deed from Eugene R. Castiglia and Dale R. Phillips and Wayne P. Deitz, successor Co-Trustees of the Eugene R. Castiglia, Sr., Trust, said deed recorded 8/21/2002 in Deed Book 2002-1, page 221268.

Thereon being erected a two-story single dwelling with vinyl siding, shingle roof and a detached two-car garage.

No. C-48-CV-2015-025221900 CAPITAL TRUST II, BY U.S.

BANK TRUST NATIONAL ASSOCIATION ET AL.

vs.TIMOTHY A. AMES

Property Address:1348 Main Street, Northampton,

PA 18067-1612


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UPI/Tax Parcel Number:M4NW2A/8/6/0522All that certain messuage and

tenement and lot or piece of ground situate on the west side of Main Street in the 4th Ward of Northampton Borough, Northampton County, Pennsylvania.

Title to same premises is vested in Timothy A. Ames by deed from Eleanor R. Engling, said deed recorded 3/6/2007 in Deed Book 2007-1, page 84612.

Thereon being erected a two-story single dwelling with shingled exterior and shingle roof.

No. C-48-CV-2015-06749LSF9 MASTER

PARTICIPATION TRUSTvs.

LEONARD M. BERGER, SHARON L. BERGER

Property Address:4861 Coatbridge Lane, Walnut-

port, PA 18088UPI/Tax Parcel Number:J2/18/20-16/0516All that certain lot or piece of

ground situate in Lehigh Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Leonard M. Berger and Sharon L. Berger, h/w, by deed from Bid Sky Ventures, LLC, an Arizona Limited Liability Company, said deed recorded 2/15/2007 in Deed Book 2007-1, page 61777.

Thereon being erected a two-story half-double dwelling with vinyl siding, shingle roof and an attached two-car garage.

No. C-48-CV-2016-03636PNC BANK, NATIONAL ASSOCIATION ET AL.

vs.MARITZA DAWSON-WILLIAMS,

JAMES WILLIAMS

Property Address:27 Highland Court, Mount Bethel,

PA 18343UPI/Tax Parcel Number:D11/11/1P/0131All that certain lot, piece or parcel

of land situate, lying and being in Upper Mount Bethel Township, Northampton County, Pennsylvania.

Being the same premises conveyed to James Williams and Maritza Dawson-Williams, h/w, by deed from LTS Development LLC, s/b/m LTS Development Inc., said deed recorded 11/10/2004 in Deed Book 2004-1, page 439777.

Thereon being erected a colonial-style single dwelling with vinyl siding, shingle roof and an attached two-car garage.

No. C-48-CV-2016-10793CITY OF BETHLEHEM

vs.JOHN L. KUBINIEC, WILLIAM J. DAGER

Property Address:1853 Bayard Street, Bethlehem,

PA 18017-5369UPI/Tax Parcel Number:N7SW1A/5/8/0204All that certain messuage or

tenement, parcel and tract of ground in the 15th Ward of Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto John L. Kubiniec, William J. Dager and Myrna Dager by deed recorded 7/31/2007 in Deed Book 2007-1, page 277232. The said Myrna Dager died on 11/27/2008 thereby vesting title to John L. Kubiniec and William J. Dager.

Thereon being erected a ranch-style single dwelling with brick exterior, shingle roof and a detached one-car garage.


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No. C-48-CV-2017-02361NEWREZ LLC ET AL.

vs.MICHAEL A. KEIPER

Property Address:139 West Central Avenue, East

Bangor, PA 18013UPI/Tax Parcel Number:D10SW1C/6/10/0109All that certain messuage,

tenement and lot of land lying and being in East Bangor Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Michael A. Keiper by deed from Merchants Bank of Bangor f/k/a Merchants National Bank of Bangor, said deed recorded 11/27/2013 in Deed Book 2013-1, page 306920.

Thereon being erected a colonial-style single dwelling with wood siding and shingle roof.

No. C-48-CV-2017-04105HSBC BANK USA,


vs.CORY M. TAYLOR

Property Address:3536 Margate Road, Bethlehem,

PA 18020UPI/Tax Parcel Number:M7NW3/15/41/0205All that certain lot or parcel of

ground situate in Bethlehem Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Cory M. Taylor, unmarried, by deed from Sherylyn Evonne Bradford, single, said deed recorded 5/22/2006 in Deed Book 2006-1, page 202995.

Thereon being erected a two-story single dwelling with vinyl siding, shingle roof and an attached two-car garage.

No. C-48-CV-2017-04894NATIONSTAR MORTGAGE LLC

vs.JUDITH TURLINGTON a/k/a JUDITH VILLANUEVA a/k/a

JUDY VILLANUEVAProperty Address:1006 Ferry Street, Easton, PA

18042UPI/Tax Parcel Number: L9SE1D/9/9/0310All that certain lot of ground

situate on the south side of Ferry Street in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Joseph Wayne Wilson and Judith Villanueva a/k/a Judy Villanueva, joint tenants with right of survivorship, by deed from Joseph Wayne Wilson and Judy Villanueva, said deed recorded 1/29/2009 in Deed Book 2009-1, page 15991. The said Joseph Wayne Wilson died on 4/8/2015 thereby vesting title solely in Judith Turlington a/k/a Judith Villanueva a/k/a Judy Villanueva.

Thereon being erected a two-story row home dwelling with vinyl siding and shingle roof.

No. C-48-CV-2017-08269RONALD L. ANGLE

vs.CHARLES J. LATSCH

Property Address:1019 Spruce Street a/k/a

1019-1021 Spruce Street, Easton, PA 18042

UPI/Tax Parcel Number:L9SE1D/9/4A/0310All that certain lot or piece of land

situate in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed to Charles J. Latsch by deed from Donald J. Long and Gail


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E. Long, h/w, said deed recorded 5/23/2006 in Deed Book 2006-1, page 205298.

Thereon being erected a 6 bay garage with vinyl siding/block exterior and shingle roof.

Property Address:942 South 25th Street a/k/a

South 25th Street, Easton, PA 18042UPI/Tax Parcel Number:M9NW1B/10/24/0837All that certain piece, parcel or

tract of land situate in Wilson Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Charles J. Latsch by deed from Linda L. Latsch, said deed recorded 5/23/2006 in Deed Book 2006-1, page 205277.

Thereon being erected a commer-cial single level dwelling with aluminum siding and flat roof.

No. C-48-CV-2017-08528NATIONSTAR MORTGAGE

LLC ET AL.vs.

JOSEPH M. FANCERA, STACIE E. FANCERA

Property Address:4120 Turner Street, Bethlehem,

PA 18020UPI/Tax Parcel Number:N7NE2/12/8/0205All that certain lot or parcel of land,

hereditaments and appurtenances, situate in Bethlehem Township, Northampton County, Pennsylvania.

Being the same property conveyed to Joseph M. Fancera and Stacie E. Fancera, h/w, by deed from GMAC Global Relocation Services, Inc., a Delaware Corporation, said deed recorded 2/6/2008 in Deed Book 2008-1, page 32642.

Thereon being erected a two-story single dwelling with vinyl siding/brick

exterior, shingle roof and an attached two-car garage.

No. C-48-CV-2017-09572NEW PENN FINANCIAL LLC ET AL.

vs.BRIAN D. FRIZZELL, NANCY T. FRIZZELL

Property Address:2417 Dewey Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:L4SW1B/3/4/0522All that certain piece or parcel of

land and tenement situate in the 1st Ward of Northampton Borough, Northampton County, Pennsylvania.

Being the same premises conveyed to Brian D. Frizzell and Nancy T. Frizzell, h/w, by deed from Agnieszka M. Hazubska and Anna Wach, said deed recorded 7/6/2006 in Deed Book 2006-1, page 273133.

Thereon being erected a two-story half-double dwelling with brick exterior and slate roof.

No. C-48-CV-2017-09644NORTHAMPTON AREA

SCHOOL DISTRICTvs.

DOREEN KULPProperty Address:361 Moorestown Drive, Bath, PA

18014UPI/Tax Parcel Number:J6/5/4A/0520All that certain messuage or

tenement and lot or piece of land situate in Moore Township, North-ampton County, Pennsylvania.

Being the same premises granted and conveyed unto Doreen Kulp by deed recorded 4/28/1995 in Deed Book 1995-1, page 36015.

Thereon being erected a ranch-style single dwelling with aluminum siding, shingle roof and an attached one-car garage.


13

No. C-48-CV-2018-00938MIDFIRST BANK

vs.ANGEL RIVERA, NICOLE RIVERA,

UNITED STATES OF AMERICAProperty Address:1733 North Boulevard, Bethlehem,

PA 18017UPI/Tax Parcel Number:N7NW1C/7/12/0204All that certain lot or piece of

ground situate along the northerly side of North Boulevard between Clermont Street and East Street in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Angel Rivera and Nicole Rivera by deed from Nicky A. Rosado and Michelle L. Rosado, h/w, said deed recorded 8/30/2006 in Deed Book 2006-1, page 357275.

Thereon being erected a ranch-style single dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-02360WELLS FARGO BANK, NA

vs.DUSTIN RONYACK

Property Address:1525 Main Street, Bethlehem, PA

18018UPI/Tax Parcel Number:N6SE1D/12/2/0204All that certain messuage or

tenement and lot or piece of ground situate in Bethlehem City, Northamp-ton County, Pennsylvania.

Being the same property conveyed to Dustin Ronyack by deed from William A. Yenca, Jr. and Paulette M. Yenca, h/w, said deed recorded 5/17/2013 in Deed Book 2013-1, page 127022.

Thereon being erected a two-story single dwelling with vinyl siding, shingle roof and a detached one-car garage.

No. C-48-CV-2018-03283LAFAYETTE AMBASSADOR BANK

vs.LEON W. LAFEVRE,

CHRISTY A. LAFEVREProperty Address:1175 Centre Street, Easton, PA

18042-7370UPI/Tax Parcel Number:M9/10/2/0836All that certain lot or piece of land

situate in Williams Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Christy A. Lafevre and Leon W. Lafevre, w/h, by deed from Elsie R. Sabo, by her attorney in fact, William T. Pensyl, said deed recorded 5/9/2007 in Deed Book 2007-1, page 172885.

Thereon being erected a ranch-style single dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-04076LOANDEPOT.COM, LLC

vs.BRIAN P. MARCOTTE

Property Address:212 Oak Street a/k/a Oak Avenue,

Pen Argyl, PA 18072UPI/Tax Parcel Number: D9SW1/3/8/0134All those certain messuages,

tenements, tracts, parcels or pieces of land situate in Washington Township, Northampton County, Pennsylvania.

Title to said premises is vested in Brian P. Marcotte by deed from Christian D. Fehrenbacher, said deed recorded 11/18/2015 in Deed Book 2015-1, page 228998.

Thereon being erected a cape cod-style single dwelling with vinyl siding and slate roof.

No. C-48-CV-2018-04108JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

vs.


14

WILLIAM A. PATSIS, DEBORA J. PATSIS

Property Address: 430 Belvidere Street, Nazareth,

PA 18064UPI/Tax Parcel Number: J7SE3B/10/2/0421All that certain messuage or

tenement and lot or piece of land situate in Nazareth Borough, North-ampton County, Pennsylvania.

Being the same premises granted and conveyed unto William A. Patsis and Debora J. Patsis, h/w, by deed from Robert F. Hagan, Jr. and Debra R. Hagan, h/w, said deed recorded 9/16/2010 in Deed Book 2010-1, page 184955.

Thereon being erected a two-story single dwelling with brick exterior, shingle roof and a detached one-car garage.

No. C-48-CV-2018-05691SAUCON VALLEY

SCHOOL DISTRICTvs.

DENELLE MILLERProperty Address:1877 Jeanine Way, Hellertown, PA

18055UPI/Tax Parcel Number:Q7SW4/1/27-3/0719All that certain unit located in

Four Seasons at Saucon Valley Condominium in Lower Saucon Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Denelle Miller by deed recorded 9/18/2013 in Deed Book 2013-1, page 248889.

Thereon being erected a ranch-style condominium with vinyl siding/brick exterior, shingle roof and an attached two-car garage.

No. C-48-CV-2018-08036WILMINGTON SAVINGS FUND

SOCIETY, FSB d/b/a CHRISTIANA TRUST ET AL.

vs.JAMES D. IMPECIATI, SR.

Property Address:32 Pen Argyl Street, Pen Argyl, PA

18072-1923UPI/Tax Parcel Number:E8NE2D/55/1A/0625All that certain lot or piece of land

situate in Pen Argyl Borough, North-ampton County, Pennsylvania.

Title to said premises is vested in James D. Impeciati, Sr. by deed from Gerevase Lukach, widow, said deed recorded 1/7/2004 in Deed Book 2004-1, page 7045.

Thereon being erected a two-story half-double dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-08507NORTHAMPTON AREA

SCHOOL DISTRICTvs.

STEPHEN HAAS, IIIProperty Address:314 East 9th Street, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW2C/10/3/0522All that certain lot or piece of

ground situate in the 3rd Ward of Northampton Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Stephen Haas, III by deed recorded 7/26/2000 in Deed Book 2000-1, page 94499.

Thereon being erected a two-story single dwelling with brick exterior and shingle roof.

No. C-48-CV-2018-09002BRANCH BANKING AND

TRUST COMPANYvs.


15

JACK W. CUVO, JENNIFER LEA CUVO

Property Address:2117 Edgewood Avenue, Easton,

PA 18045UPI/Tax Parcel Number:L9NW1D/5/8/0324All that certain lot, piece or parcel

of land situate on the north side of Edgewood Street in Palmer Township, Northampton County, Pennsylvania.

Title to said premises is vested in Jack W. Cuvo and Jennifer Lea Cuvo, h/w, by deed from Jack W. Cuvo, said deed recorded 12/14/2007 in Deed Book 2007-1, page 446191.

Thereon being erected a two-story single dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-09323ROUNDPOINT MORTGAGE SERVICING CORPORATION

vs.UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS

CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER DAVID B. COLES, DECEASEDProperty Address:435 Royal Manor Road, Easton,

PA 18042-9718UPI/Tax Parcel Number:P10/1/3D/0836All that certain lot situated in

Williams Township, Northampton County, Pennsylvania.

Title to said premises is vested in David B. Coles by deed from Robert E. Shultz a/k/a Robert A. Shultz and Estate of Harry A. Shultz, by Sharon L. Shultz, Executor of the Estate of Harry A. Shultz, said deed recorded 4/30/2009 in Deed Book 2009-1, page 97772. David B. Coles died on 10/16/2017 and upon information and belief, his surviving heirs are

Tedley A. Coles, Cynthia D. Schucht and Robert James Coles. By executed waivers, Tedley A. Coles, Cynthia D. Schucht and Robert James Coles waived their right to be named.

Thereon being erected a ranch-style single dwelling with vinyl siding, shingle roof and an attached one-car garage.

No. C-48-CV-2018-10238DITECH FINANCIAL LLC

vs.FRANK J. HEFFERNAN, DIANE

BONAMARTE, HEIR OF ROBERT W. KIST, DECEASED, EDWARD

KIST, HEIR OF ROBERT W. KIST, DECEASED

Property Address:153 Snowhill Road, Northampton,

PA 18067UPI/Tax Parcel Number:K4/28/2B/0501All that certain messuage,

tenement, tract, piece or parcel of land, hereditaments and appurte-nances, situate in Allen Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Robert W. Kist and Frank J. Heffernan by deed from Raymond Morrow and Bonnie Morrow, h/w, said deed recorded 11/13/2002 in Deed Book 2002-1, page 315991. The said Robert W. Kist died on 6/25/2015 thereby vesting title to Frank J. Heffernan.

Thereon being erected a ranch-style single dwelling with brick/stucco exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2018-11302LAZARUS MELAN

vs.ANNA M. GREEN

Property Address:1027 Washington Street, Easton,

PA 18042


16

UPI/Tax Parcel Number:L9SE1D/21/34/0310All that certain lot of land situate

on the north side of Washington Street in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Anna M. Green by deed from Lazarus A. Melan and Renee S. Melan, h/w, said deed recorded 8/15/2014 in Deed Book 2014-1, page 140169.


No. C-48-CV-2018-11582PACIFIC UNION FINANCIAL, LLC

vs.TAMMY KASPAR,

BARBARA KASPARProperty Address:413 East Broad Street, Bethlehem,

PA 18018UPI/Tax Parcel Number:P6NE2D/5/8/0204All that certain messuage or

tenement and lot or piece of land situate on the north side of East Broad Street in Bethlehem City, Northampton County, Pennsylvania.

Title to said premises is vested in Barbara Kaspar and Tammy Kaspar by deed from Eugene Zilavec and Julieanne Zilavec, said deed recorded 3/24/2016 in Deed Book 2016-1, page 53329.

Thereon being erected a two-story row home dwelling with vinyl siding, shingle roof and a detached two-car garage.

No. C-48-CV-2018-11598PENN COMMUNITY BANK ET AL.

vs.TED MORALES

Property Address:910 Butler Street, Easton, PA

18042

UPI/Tax Parcel Number:L9SE4B/1/8/0310All that certain messuage and lot

of ground situate on the south side of Butler Street in Easton City, North-ampton County, Pennsylvania.

Title to said premises is vested in Ted Morales by deed from Marketfield Properties, LLC, said deed recorded 4/20/2011 in Deed Book 2011-1, page 84273.


No. C-48-CV-2018-11599PENN COMMUNITY BANK ET AL.

vs.TED MORALES

Property Address:149 South 6th Street, Easton, PA

18042UPI/Tax Parcel Number:L9SE2D/2/7/0310All that certain lot or piece of

ground situate in Easton City, North-ampton County, Pennsylvania.

Title to said premises is vested in Ted Morales by deed from Marketfield Properties, LLC, said deed recorded 11/12/2010 in Deed Book 2010-1, page 238008.

Thereon being erected a two-story half-double dwelling with wood exterior and shingle roof.

No. C-48-CV-2019-00929REVERSE MORTGAGE

SOLUTIONS, INC.vs.

UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS,

FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER

FRANK R. SZVETECZ, ANTHONY SZVETECZ, HEIR OF FRANK R.

SZVETECZ, FRANK SZVETECZ, IV, HEIR OF FRANK R. SZVETECZ, MARISA SZVETECZ, HEIR OF

FRANK R. SZVETECZ


17

Property Address:2615 East Boulevard, Bethlehem,

PA 18017UPI/Tax Parcel Number:N7NW1A/10/19/0204All that certain messuage,

tenement and lot or parcel of ground situate along the west side of East Boulevard between Lansdale Avenue and Butztown Road in the 14th Ward of Bethlehem City, Northampton County, Pennsylvania.

Title to said premises is vested in Frank R. Szvetecz and Wilma M. Szvetecz, h/w, by deed from John Catino and Cecile Catino, h/w, said deed recorded 5/8/1972 in Deed Book 425, page 517. The said Wilma M. Szvetecz died on 1/30/2017 thereby vesting title to Frank R. Szvetecz. And the said Frank R. Szvetecz died on 8/31/2018.

Thereon being erected a bi-level single dwelling with brick exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2019-01051NATIONSTAR

MORTGAGE LLC ET AL.vs.

REGINA HESS, KEVIN HESSProperty Address:3741 Teak Drive, Northampton,

PA 18067UPI/Tax Parcel Number:J4SW1/2/3/0516All that certain parcel or piece of

land situate in Indian Trail Heights in Lehigh Township, Northampton County, Pennsylvania.

Title to said premises is vested in Regina Hess and Kevin Hess, w/h, by deed from Steven Gallagher, unmarried, said deed recorded 6/19/2008 in Deed Book 2008-1, page 182654.

Thereon being erected a ranch-style single dwelling with aluminum

siding/brick exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2019-01131U.S. BANK


vs.REINA YANES

Property Address:864 Media Street, Bethlehem, PA

18017UPI/Tax Parcel Number:N6SE3B/25/16/0204All that certain lot or parcel of land

situate in the 15th Ward of Bethlehem City, Northampton County, Pennsyl-vania.

Title to said premises is vested in Reina Yanes by deed from Dielson Dos Santos and Reina Yanes, his wife, said deed recorded 6/1/2006 in Deed Book 2006-1, page 217217.

Thereon being erected a two-story single dwelling with brick exterior, shingle roof and an attached two-car garage.

No. C-48-CV-2019-01330SPECIALIZED LOAN

SERVICING, LLCvs.

UNITY BANK, KARIANNE B. STROM, JOHN J. STROM

Property Address:56 Corriere Road, Easton, PA

18045UPI/Tax Parcel Number:K9/7/78/0324All that certain messuage,

tenement and lot or piece of ground situate in Palmer Township, North-ampton County, Pennsylvania.

Being the same property granted and conveyed unto Unity Bank by Sheriff ’s Deed from John J. Strom and Karianne B. Strom, said deed recorded 10/18/2018 in Deed Book 2018-1, page 223018.

Thereon being erected a 3 story townhouse dwelling with brick


18

exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2019-01401LAKEVIEW LOAN SERVICING, LLC

vs.BRIAN ELLISON, ERIN MOOREProperty Address:234 East Union Boulevard,

Bethlehem, PA 18018UPI/Tax Parcel Number:P6NE1B/23/4/0204All that certain messuage,

tenement and lot or piece of ground on the south side of East Union Boulevard in Bethlehem City, Northampton County, Pennsylvania.

Title to said premises is vested in Brian Ellison and Erin Moore, both unmarried, by deed from Rebecca J. Robinson, unmarried, said deed recorded 5/19/2016 in Deed Book 2016-1, page 96161.




DONNA L. FLAMISHProperty Address:432 East North Street, Bethlehem,

PA 18018UPI/Tax Parcel Number:P6NE2A/27/6A/0204All that certain messuage,

tenement and lot or parcel of ground situate on the south side of East North Street between Maple and Elm Streets in the 7th Ward of Bethlehem City, Northampton County, Pennsyl-vania.

Being the same premises granted and conveyed unto Donna L. Flamish by deed from Albert R. Beahm, Trustee of the Albert R. Beahm Trust,

said deed recorded 1/19/2007 in Deed Book 2007-1, page 25507.


No. C-48-CV-2019-02044WELLS FARGO BANK, N.A. ET AL.

vs.STEPHEN T. FAHRINGER, REBECCA E. FAHRINGER

Property Address:208 West Fairview Street,

Bethlehem, PA 18018UPI/Tax Parcel Number:N6SW3C/16/3/0204All that certain lot, messuage

tenement and tract or piece of land situate on the north side of Fairview Street in Bethlehem City, Northamp-ton County, Pennsylvania.

Being the same premises granted and conveyed unto Stephen T. Fahringer and Rebecca E. Fahringer, her husband, by deed from Janet A. Hitcho and Rebecca E. Hitcho n/k/a Rebecca E. Fahringer, mother and daughter, as joint tenants with right of survivorship, said deed recorded 03/07/1995 in Book 1995-1, page 19284.




FERNANDO ARROYOProperty Address:241 North 14th Street, Easton, PA

18042UPI/Tax Parcel Number:L9NW3C/13/1A/0310All that certain messuage or

tenement and lot or piece of land situate at the southeast corner of 14th and Bushkill Streets in Easton


19

City, Northampton County, Pennsyl-vania.

Being the same premises granted and conveyed unto Fernando Arroyo by deed from Kathy M. Young, said deed recorded 10/1/2008 in Deed Book 2008-1, page 270315.

Thereon being erected a two-story single dwelling with stucco exterior, shingle roof, attached three-car garage and an in-ground pool.

No. C-48-CV-2019-02206WELLS FARGO BANK, N.A.

vs.PAULINE JOSEPH, MARC G. SENAT

Property Address:827 Seitz Street, Easton, PA

18042-6555UPI/Tax Parcel Number:M9NE2A/23/2/0310All those certain lots or pieces of

land situated in Easton City, North-ampton County, Pennsylvania.

Being the same premises granted and conveyed unto Marc G. Senat and Pauline Joseph by deed from Jeffrey Severance and Teresa Severance, h/w, said deed recorded 8/2/2005 in Deed Book 2005-1, page 289682.

Thereon being erected a two-story single dwelling with aluminum siding and slate roof.

No. C-48-CV-2019-02341BRISCO FUNDING LLC

vs.LORI FREEMAN

Property Address:831 Walnut Avenue a/k/a 831

Walnut Street, Easton, PA 18042UPI/Tax Parcel Number:L9SE1C/14/9/0310All that certain messuage and

tract of ground situate on the north side of Walnut Street in Easton City, Northampton County, Pennsylvania.

Title to said premises is granted and conveyed unto Lori Freeman by deed from Merica Real Estate II, LLC, said deed recorded 10/16/2014 in Deed Book 2014-1, page 181060.

Thereon being erected a 3 story apartment building with vinyl siding/stucco exterior and shingle roof.



PAUL H. ARNOLD, HEIR OF ELEANOR S. MARTIN, DECEASED,

STEPHANIE CAWLEY, HEIR OF ELEANOR S. MARTIN,

DECEASED, DONNA L. CHILES, HEIR OF ELEANOR S. MARTIN,

DECEASED, KATHLEEN A. STOUDT, HEIR OF ELEANOR

S. MARTIN, DECEASEDProperty Address:32 Ackerman Street, Hellertown,

PA 18055UPI/Tax Parcel Number:Q7NW3D/4/9/0715All that certain lot or piece of

ground situate in Hellertown Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto James H. Martin and Eleanor S. Martin, his wife by deed from James H. Martin and Eleanor S. Martin, his wife, said deed recorded 7/10/1980 in Deed Book 616, page 192. The said James H. Martin departed this life on 1/7/2014 and the said Eleanor S. Martin departed this life on 9/25/2018, vesting title solely to Paul H. Arnold, Stephanie Cawley, Donna L. Chiles and Kathleen A. Stoudt.

Thereon being erected a two-story single dwelling with aluminum siding and shingle roof.


20

No. C-48-CV-2019-02573NEWREZ LLC ET AL.

vs.JOHN DAVID KOPKE, JR.

Property Address:27 Friedenstahl Avenue, Nazareth,

PA 18064UPI/Tax Parcel Number:J8NW4/16/6/0432All those 2 certain lots or pieces of

ground situate in Upper Nazareth Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto John David Kopke, Jr. by deed from Kathryn L. Bowers n/k/a Kathryn L. Brace, said deed recorded 1/28/2003 in Deed Book 2003-1, page 32491.


No. C-48-CV-2019-02615PENNYMAC LOAN SERVICES, LLC

vs.DODDIE HALL, GUY HALL

Property Address:2696 Van Buren Road, Easton, PA

18045UPI/Tax Parcel Number:L8NE1/16/2/0324EAll that certain lot of land at the

southwest intersection of Logan Drive and Van Buren Road in Palmer Township, Northampton County, Pennsylvania.

Title to said premises is vested in Guy Hall and Doddie Hall, h/w, by deed from Santo A. Stillo, Jr. and Shirley H. Stillo, h/w, said deed recorded 6/15/2015 in Deed Book 2015-1, page 106625.

Thereon being erected a ranch-style single dwelling with brick exterior, shingle roof and an attached two-car garage.

No. C-48-CV-2019-02617PENNSYLVANIA HOUSING

FINANCE AGENCYvs.

AMBER L. PRUNESTProperty Address:223 South 3rd Street, Bangor, PA

18013-2519UPI/Tax Parcel Number:E9NE2D/18/14/0102All that certain messuage,

tenement, tract, piece or parcel of land lying and being in Bangor Borough, Northampton County, Pennsylvania.

Title to said premises is vested in Amber L. Prunest by deed from Tammy L. Slayton, said deed recorded 4/4/2018 in Deed Book 2018-1, page 62946.

Thereon being erected a colonial-style single dwelling with aluminum siding and shingle roof.

A Schedule of Distribution will be filed by the Sheriff thirty days from the date of the sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days from the date of filing the Schedule of Distribution.

RICHARD H. JOHNSTON Sheriff

North amp ton County, Pennsylvania

DAVID J. CERAUL, ESQUIRE Solicitor to the Sheriff

Aug. 15, 22, 29


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JUDICIAL LAW CLERKJudicial Law Clerk positions are available at the

Northampton County Courthouse, 669 Washington Street, Easton, PA for the term August 2020 to August 2021. Northampton County offers a superior clerkship experience at the common pleas level. Our clerks spend a great deal of time in the courtroom observing proceedings in addition to participating with their assigned judges in the resolution of pretrial and post-trial motions, researching evidentiary issues that arise during the course of court proceedings, preparing jury charges, and in conducting legal research and drafting opinions. We restrict consideration of applicants to those who are in the upper third of their class after their first two years of law school. They must also have a B average or higher in legal research and writing. Interested candidates please send resume, transcript and writing sample to The Honorable Paula A. Roscioli at the above address no later than September 30, 2019.

Aug. 8, 15, 22, 29


22


23


24

NORTHAMPTON COUNTY REPORTER

83

Pretype Folder

MON TUE WED THU FRI2

Labor Day3

Juvenile Criminal

4Civil Call Criminal

5Juvenile Criminal

Arraignments

6Misc. Hrngs.

9Juvenile Non-Jury

10Non-Jury

11Non-Jury

12Juvenile

13Misc. Hrngs.

16Juvenile Status

17Argument Memorial Service

18ARD/

Summaries DRS

Civil Call Asbestos Pretrials

19Juvenile

Arraignments DRS

20Misc. Hrngs.

23Juvenile

Civil

24Civil

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26Juvenile

27Misc. Hrngs. O.C. Audit

30Juvenile Criminal

SEPTEMBER 2019

475Legatum Properties v. Physician Professional Center

Legatum Properties v. Physician Professional Center

LEGATUM PROPERTIES, LLC, Plaintiff v. PHYSICIAN PROFESSIONAL CENTER, LLC, Defendant

Post-Trial Motion—Rescission—Estoppel—Admissions—Preserva-tion of Error.

Following a verdict in Plaintiff ’s favor on its claim for ejectment, Defendant filed post-trial motions. Defendant argued that (1) the parties rescinded their lease agreement or, in the alternative, that Plaintiff was estopped from enforcing the lease because it suggested that the lease could be renegotiated; (2) Plaintiff ’s claims were subject to mandatory arbitra-tion; and (3) Plaintiff ’s damages should have been limited to the amount admitted to by Plaintiff in its responses to Defendant’s interrogatories or, in the alternative, that the court erred in calculating the damages because it relied on hearsay evidence.

The court found that the parties did not mutually agree to rescind the original lease agreement. Rather, the parties merely discussed a potential renegotiation of its terms. For the same reason, the court found that equitable estoppel and promissory estoppel did not apply. Next, the court determined that it could not entertain Defendant’s argument regarding manda-tory arbitration pursuant to the coordinate jurisdiction rule because the Honorable Craig A. Dally had previously determined that Defendant waived the issue of arbitration. Next, the court determined that Plaintiff ’s claim for damages was not limited to the amount stated in its responses to Defendant’s interrogatories because interrogatory answers do not constitute binding judicial admissions. Lastly, the court determined that Defendant waived its hearsay objection because it did not specify hearsay as a ground for its objection at trial, as required by Pennsylvania Rule of Evidence 103(a)(1).

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—No. C-48-CV-2017-9677.

Constantine M. Vasiliadis, Esquire, for Plaintiff.

William P. Marshall, Esquire, for Defendant.

Order of the Court entered on February 5, 2019 by Beltrami, J.

DECISION

This matter is before the court on Plaintiff ’s Amended Complaint, filed on February 28, 2018, and Defendant’s Counterclaim, filed on April 2, 2018. In the Amended Complaint, Plaintiff asserts claims for ejectment and for acceleration of Defendant’s rental payments under the terms of a commercial lease. In its Counterclaim, Defendant seeks damages for lost business and profits. A trial without a jury was held before the undersigned on October 11, 2018.

FINDINGS OF FACT

1. On August 8, 2011, Defendant entered into a sixty-one-month lease agreement (the “Lease”) with RJR Property Management Associates, LLC and its successors to rent Suite 3 of a commercial office building located at 35 East Elizabeth Avenue, Bethlehem, Northampton County (the “Prop-erty”). (Am. Compl. Ex. B ¶¶1-2, 21.)

25

Legatum Properties v. Physician Professional Center476 Vol. 60

2. On October 3, 2016, Plaintiff acquired title to the Property by special warranty deed and became a successor of RJR Property Manage-ment Associates, LLC under the Lease. (Id. Exs. A, B ¶21.)

3. Defendant has occupied the Property since December 2011. (Am. Compl. ¶4; Answer ¶4.)

4. Paragraph 23 of the Lease states:[Defendant] has the right to cancel or renew the Lease,

with 90 (Ninety) days written Notice given to [Plaintiff ]. If [Defendant] fail[s] to cancel the [L]ease 90 (Ninety) days prior to the [L]ease expiration it will automatically renew for an additional Three (3) year terms [sic] with a rental increase in the amount of five (5%) [p]ercent. During [a]ny renewal periods [Defendant] shall be bound under the terms and condi-tions of this [L]ease as stated herein.

(Am. Compl. Ex. B ¶23.)5. The parties stipulated that Defendant did not provide either Plain-

tiff or Plaintiff ’s property manager with notice of its intent to cancel the Lease within the required ninety-day window.

6. After Plaintiff acquired title to the Property, and after the time period within which Defendant could cancel the Lease had expired, the parties discussed the possibility of modifying the rental price.

7. On January 13, 2017, Plaintiff ’s property manager sent Defendant two letters indicating that the Lease had already renewed but that Plaintiff was willing to discuss reducing Defendant’s rental price. (Pl.’s Exs. 1-2.)

8. However, both parties admitted at trial that the negotiations did not result in a final agreement to modify the Lease.

9. Moreover, no evidence was presented showing that the parties reached a mutual agreement to rescind the existing Lease.

10. Rather, in one of the letters sent on January 13, 2017, Plaintiff ’s property manager stated that “the current [L]ease remains fully enforced.” (Pl.’s Ex. 1.)

11. In the other letter sent on January 13, 2017, Plaintiff’s property manager stated that Defendant “shall be bound under the terms and condi-tions of ” the Lease. (Pl.’s Ex. 2.)

12. Plaintiff has demanded Defendant’s rental payments, but Defen-dant has not made any payments since January 2017.

13. Paragraph 14 of the Lease states:In the event of any failure by [Defendant] to pay any

rental due hereunder within five (5) days after the same shall be due ... then [Plaintiff ] ... shall have the immediate right of reentry and may remove all persons or property from the [Prop-

26


erty] by legal process. Should [Plaintiff ] at any time terminate this lease for any breach ... it may recover from [Defendant] all damages it may incur by reason of such breach. [Defendant] further agrees to indemnify [Plaintiff ] for costs and expenses incurred by [Plaintiff ] in any lawsuit against [Defendant] to enforce the terms of this [L]ease, if [Plaintiff ] is the prevailing party in such lawsuit.

(Am. Compl. Ex. B ¶14.)14. Paragraph 14.2 of the Lease states that, in the event of Defendant’s

default, Plaintiff may “accelerate the whole or any part of the Rent for the balance of the Term, and declare the same to be immediately due and pay-able.” (Id. ¶14.2.)

15. Paragraph 25 of the Lease states:If the monthly rental has not been paid after the fifth (5th)

day of the month when the rental was due, [Defendant] agrees to pay a late fee charge of Twenty Five Dollars, ($25.00) per day was due, then retroactive to the day when the payment was due to compensate [Plaintiff ] for additional administrative costs, expenses and liquidated damages caused by the late pay-ment.

(Id. ¶25.)16. Pursuant to paragraphs 14 and 25 of the Lease, Defendant owes

a balance of $94,617.33 for rent and late fees. (Pl.’s Ex. 3.)17. Plaintiff has incurred attorney’s fees totaling $17,141.17 in enforc-

ing the terms of the Lease. (Pl.’s Ex. 4.)18. In January 2013, before Plaintiff acquired title to the Property,

the Property lost heat and Defendant closed its business for a short period of time. (Def.’s Ex. 2.)

19. Paragraph 29 of the Lease states:[Plaintiff ] shall not be deemed to be in default under this

Lease unless [Defendant] gives [Plaintiff ] notice specifying the default and [Plaintiff ] fails to cure the default within a reasonable period following [Defendant’s] notice. In no event shall [Plaintiff ] be liable to [Defendant] for any loss of business or profits of [Defendant] or for consequential, punitive or spe-cial damages of any kind.

(Am. Compl. Ex. B ¶29.)20. Paragraph 36(b) of the Lease contains a merger clause which

states “[t]his Lease represents the entire agreement between the parties hereto and there are no collateral or oral agreements or understandings between [Plaintiff ] and [Defendant] with respect to ... the Property.” (Id. ¶36(b).)

21. At trial, both parties expressed their mutual desire for Defendant to vacate the Property, and Plaintiff indicated that its primary goal is to eject Defendant from the Property.

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Legatum Properties v. Physician Professional Center478 Vol. 60

CONCLUSIONS OF LAW

1. “Ejectment is an action filed by a plaintiff who does not possess the land but has the right to possess it, against a defendant who has actual possession.” Siskos v. Britz, 567 Pa. 689, 699, 790 A.2d 1000, 1006 (2002).

2. “A court only has jurisdiction over an [a]ction in [e]jectment if the defendant possesses the land and the plaintiff has the right to possess.” Id. at 698, 790 A.2d at 1006.

3. When the property at issue is under a lease, the tenant is considered the possessor of such land and is the proper defendant in an ejectment ac-tion. Bannard v. New York State Natural Gas Corporation, 404 Pa. 269, 274-75, 172 A.2d 306, 310 (1961).

4. Regarding simultaneous claims for ejectment and acceleration under the terms of a lease,

where a landlord elects to terminate a lease and recover pos-session ... he cannot also enter judgment against the tenant for the rent for the balance of the term which accrued after the judgment in ejectment, but became sooner payable under an acceleration clause in the lease for default in payment of prior installments of rent.

... .

... [A] landlord must elect whether to confess judgment for possession and for all monies then due, or to confess judg-ment for all monies due for the entire term. When the judgment is entered for possession, the landlord is, of course, entitled to recover, as damages in a civil action, those losses which he suffers in attempting to relet the premises for the term of the lease. ... The landlord, however, cannot ... enter judgment for possession and for all moneys which would otherwise be due as rents through the end of the term.

Homart Development Co. v. Sgrenci, 443 Pa. Super. 538, 555-57, 662 A.2d 1092, 1100-1101 (1995) (emphasis in original).

5. “It is clearly settled that parties, who have undertaken contractual obligations by an agreement under seal, may nevertheless enter into a new parol agreement creating obligations separate from the old ones and at variance with them, and such new agreement will be binding.” Kirk v. Brentwood Manor Homes, Inc., 191 Pa. Super. 488, 491-92, 159 A.2d 48, 50 (1960) (quoting Myers v. Ohio-Penn Gas & Oil Co., 294 Pa. 212, 144 A. 93, 95 (1928)).

6. “Even where the written contract prohibits a non-written modifica-tion, it may be modified by subsequent oral agreement.” Id. at 492, 159 A.2d at 50 (emphasis added).

7. Regarding non-written agreements to rescind a contract,[a] contract in writing ... may be rescinded by parol, or by such conduct of the parties as clearly shows an intention to rescind. ... The agreement to rescind a written contract need not be

28


expressed in words, but may be inferred from the acts and declarations of the parties. ... All that is necessary is a mutual agreement. ... Whether or not the parties have so agreed is a question of intention ... .

Id. at 492, 159 A.2d at 50-51 (emphasis added) (citations omitted).8. The parties never reached a final agreement to modify the Lease’s

rental price term.9. In addition, the negotiations between the parties to modify the

rental price did not amount to a mutual agreement to rescind the original Lease, and that Lease has renewed for a three-year term and is currently in effect.

10. Defendant is in default pursuant to paragraph 14 of the Lease by failing to pay rent since January 2017.

11. Plaintiff is either entitled to eject Defendant from the Property and recover damages for past rent due pursuant to paragraph 14 of the Lease or to accelerate the whole of the rent due for the balance of Defendant’s term pursuant to paragraph 14.2 of the Lease but not both.

12. Based on Plaintiff ’s representations at trial, the court finds that Plaintiff has elected to pursue its ejectment remedy and, therefore, Plaintiff cannot accelerate the rent that is due for the balance of Defendant’s term.

13. Plaintiff is entitled to possession of the leased premises.14. Plaintiff is entitled to past rent and late fees totaling $94,617.33.15. Plaintiff is entitled to attorney’s fees in the amount of $17,141.17.16. Plaintiff is not liable for any damages resulting from Defendant’s

loss of business because Plaintiff did not own the Property at that time and, even if Plaintiff did own the Property, paragraph 29 of the Lease absolves Plaintiff of any liability for Defendant’s loss of business or profits.

WHEREFORE, the court enters the following:

VERDICT

AND NOW, this 18th day of October, 2018, following a non-jury trial held on October 11, 2018, the following verdict is hereby entered:

1. On Count I of Plaintiff ’s Amended Complaint, the court finds in favor of Plaintiff and against Defendant in the amount of $111,758.50, plus court costs, and for possession of the property located at 35 East Elizabeth Avenue, Suite 3, Bethlehem, Northampton County;

2. On Count II of Plaintiff ’s Amended Complaint, the court finds in favor of Defendant and against Plaintiff; and

3. On Defendant’s Counterclaim, the court finds in favor of Plaintiff and against Defendant.

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NORTHAMPTON COUNTY REPORTER

17


6639


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31

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Documents

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