Michael B. Padgett, Individually, and As Parent and ...€¦ · Michael B. Padgett, Individually, and As Parent and Natural Guardian for C.R.P. and L.M.P., Minors, and As Administrator

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. LIX EASTON, PA November 23, 2017 NO. 99

CONTENTS

INSERT: Goldenrod: 1. “Federal Practice: Procedures and Pointers from the Bench” 2. 2017/2018 Calendar 3. Ethics Hotline 4. NCBA/Miller Keystone Blood Center Blood Bank Program

Cream: 1. “Guardianship 101” 2. “Buying and Selling a Commercial Business From Offer to Closing” 3. “Introduction to the Practice of Law” 4. PA CLE Requirements

NOTICE TO THE BAR...Annual Association Meeting – Thursday, January 18, 2018Annual Reception for the Court – Friday, March 23, 2018

Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Certificate of Authority Notice . . . . . . . . . . . . . . . 8Corporate Fictitious Name

Registration Notice . . . . . . . . . . . . . . . . . . . . . 8Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4

Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Legal Secretary/Office Manager Position. . . . 11Notice of Foreign Withdrawal. . . . . . . . . . . . . . . 8Notice of Incorporation . . . . . . . . . . . . . . . . . . . . 7Notice of Nonprofit Incorporation . . . . . . . . . . . . 7Sheriff ’s Sales . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Michael B. Padgett, Individually, and As Parent and Natural Guardian for C.R.P. and L.M.P., Minors, and As Administrator and Personal Representative of the

Estate of Jessica L. Padgett, Plaintiff v. Gregory R. Graf, Defendant

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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 ASSOCIATION2017 BAR ASSOCIATION OFFICERS

Michael Shay . . . . . . . . . . . . . . . . . . . . . . . . . PresidentDaniel O’Donnell . . . . . . . . . . . . . . . . . President-ElectLisa Spitale . . . . . . . . . . . . . . . . . . . . . . . Vice PresidentRobert Eyer . . . . . . . . . . . . . . . . . . . . . . . . . . TreasurerMaura Zajac McGuire . . . . . . . . . . . . . . . . . . SecretaryAlyssa Lopiano-Reilly . . . . . . . . . . . . . . Past President

BOARD OF GOVERNORSDavid M. Backenstoe

Paul J. HarakRebecca Kulik

Jacqueline K. HolmesSteven B. Molder

Michael A. Santanasto Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta

Michael P. ShayRichard P. Kovacs

Joel M. Scheer

BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalChristen T. Borso . . . . . . . . . . . . . . . .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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Thanksgiving dinners take eighteen hours to prepare. They are consumed in twelve minutes. Half-times take twelve minutes. This is not coincidence. ~ Erma Bombeck

NOTICE TO NCBA MEMBERS – BAR NEWSCeremonial Admissions – Friday, December 1, 2017

If you are a new attorney and would like to participate in the Ceremonial Admissions to the Court, you may pick up an application at the Office of Court Administration or at the NCBA Office. Applications are due by November 29, 2017.Save the Dates

Annual Association Meeting – Thursday, January 18, 2018Annual Reception for the Court – Friday, March 23, 2018

NORTHAMPTON COUNTY REPORTER Vol. 59 No. 99 11/23/2017

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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 PUBLICATIONERDOGAN, BARBARA B., dec’d.

Late of Bethlehem, Northampton County, PACo-Executors: Ann S. Erdogan-Tracy and Turan Erdogan c/o Noonan Law Office, 526 Walnut St., Allentown, PA 18101Attorneys: Noonan Law Office, 526 Walnut St., Allentown, PA 18101

FOWLER, BARBARA L., dec’d.Late of Lehigh Township, North-ampton County, PAExecutor: Martin J. Fowler, Jr. c/o Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 West Broad Street, Ste. 303, Bethlehem, PA 18018-5721Attorneys: Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad St., Ste. 303, Bethlehem, PA 18018-5721

HAMERSTONE, ELIZABETH A., dec’d.Late of Palmer Twp., North-ampton County, PA

Executrix: Kara Hamerstone c/o William B. Cooper, III, Esquire, Fox Rothschild, LLP, P.O. Box 673, Exton, PA 19341Attorneys: William B. Cooper, III, Esquire, Fox Rothschild, LLP, P.O. Box 673, Exton, PA 19341

HOWELLS, GEORGE T., JR., dec’d.Late of the City of Easton, North-ampton County, PAExecutrix: Dawn Y. Magilton c/o Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412Attorneys: Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412

LANDIS, TIMOTHY F., dec’d.Late of the Township of Moore, North ampton County, PAExecutors: Garry Phillip Landis, 561 Monocacy Drive, Bath, PA 18014 and Lynn Eugene Landis, 2570 Beacon Road, Bath, PA 18014Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014

MUNNERLEY , CHARLES MATTHEW, dec’d.Late of Williams Township, North ampton County, PAExecutor: Terry Hammerstone c/o Jay C. Glickman, Esquire, Rubin, Glickman, Steinberg & Gifford, 2605 N. Broad Street, P.O. Box 1277, Lansdale, PA 19446Attorneys: Jay C. Glickman, Esquire, Rubin, Glickman, Steinberg & Gifford, 2605 N. Broad Street, P.O. Box 1277, Lansdale, PA 19446


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Executor: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049Attorney: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049

MEITZLER, ERWIN LEWIS, JR., dec’d.Late of the Township of Hanover, Northampton County, PAExecutrix: Kathryn A. Tinsley c/o Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

MELNICK, KATHLEEN MARIA, dec’d.Late of the Township of Upper Mt. Bethel, Northampton County, PAExecutrix: Susan E. Hartmann, 220 Howard Street, Strouds-burg, PA 18360Attorneys: Ronold J. Karasek, Esquire, Karasek Law Offices, L.L.C., 641 Market Street, Bangor, PA 18013

MILLER, FRIEDA E., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Susan R. Miller a/k/a Susan Roberta Miller c/o Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069Attorney: Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069

PAYNE, GEORGE A., dec’d.Late of the Township of Upper Nazareth, Northampton County, PA

STARK, HARVEY J., dec’d.Late of Easton, Northampton County, PAAdministratrix: Carol T. Herring, Gateway Corp. Center, 225 Wilmington-West Chester Rd., Ste. 200, Chadds Ford, PA 19317Attorney: Carol T. Herring, Esquire, Gateway Corp. Center, 225 Wilmington-West Chester Rd., Ste. 200, Chadds Ford, PA 19317

SECOND PUBLICATIONASAKAVICH, STANLEY A., dec’d.

Late of Bethlehem, Northampton County, PAAdministratrix: Frances A. Roseman c/o Fitzpatrick Lentz & Bubba, P.C., 4001 School-house Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219

GRASER, HANNAH C., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Dorothea GraserAttorney: Nicole M. Thomas, Esquire, Snyder & Wiles, P.C., 7731 Main Street, Fogelsville, PA 18051

MAST, SHERRY ANN, dec’d.Late of the Township of East Allen, Northampton County, PAAdministrator: Scott R. Steirer, Esquire, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Scott R. Steirer, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

MAURER, GEORGE P., dec’d.Late of Hanover Township, Northampton County, PA


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THIRD PUBLICATIONBECKER, EDWARD P., dec’d.

Late of Bethlehem, Northampton County, PAExecutrices: Stacey Jane Kuhns, 302 Jennifer Lane, Exton, PA 19341 and Jill Anne Creveling, 1084 Debbie Lane, Allentown, PA 18103Attorneys: Curtis C. Creveling, Esquire, Creveling, Creveling & Cappellini, 123 North Fifth Street, Allentown, PA 18102

BENDUS, FRANCIS T., dec’d.Late of Bethlehem Township, Northampton County, PAExecutrices: Mary Ellen Kavanagh, 880 Bushkill Center Road, Nazareth, PA 18064 and Barbara Ann Bendus-Dicker, 3180 Timber Ridge Drive, Easton, PA 18045Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083

HALLEMAN, CHARLES, dec’d.Late of Bethlehem, Northampton County, PAAdministratrix: Nancy Lynne Halleman c/o William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517Attorney: William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517

KELLER, MIECHELE L., dec’d.Late of the Borough of Wind Gap, Northampton County, PAAdministratrix: Kristen A. Keller c/o Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

Executors: Tara Marie Warnke, Erin Elizabeth Bowman and Brian Gerard Payne c/o Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

SCHWARZ, VICTOR F., dec’d.Late of 4250 Butternut Drive, Walnutport, Northampton County, PAExecutrix: Jane Anne Schwarz, 4250 Butternut Drive, Walnut-port, PA 18088Attorneys: Joshua D. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067

SULLIVAN, JOSEPH ALLEN, dec’d.Late of Bethlehem, Northampton County, PAExecutor: Jonathan Sullivan c/o Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 West Broad Street, Ste. 303, Bethlehem, PA 18018-5721Attorneys: Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad St., Ste. 303, Bethlehem, PA 18018-5721

WHITE, ANNA M., dec’d.Late of the Township of Forks, Northampton County, PACo-Executors: Donald J. White and Michael L. White c/o Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412Attorneys: Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412


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Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

McCARTHY, DAVID L., dec’d.Late of the Township of Lower Saucon, Northampton County, PAExecutrix: Kathryn CsaszarAttorneys: Dennis E. Benner, Esquire, Benner & Trovato, 2005 City Line Road, Suite 106, Bethlehem, PA 18017

PITONI, UMBERTO J. J., dec’d.Late of Upper Mt. Bethel Township, Northampton County, PAExecutor: Michael McFadden c/o Christopher T. Spadoni, Esquire, 1413 Easton Ave., P.O. Box 522, Bethlehem, PA 18018Attorney: Christopher T. Spadoni, Esquire, 1413 Easton Ave., P.O. Box 522, Bethlehem, PA 18018

SALTER, PAULINE M., dec’d.Late of the Borough of Northamp-ton, Northampton County, PAPauline M. Salter Revocable Trust Dated October 15, 1992, As Amended and RestatedTrustees: Gary C. Salter and Gail M. Toth 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

SMITH, ELEANORE M., dec’d.Late of the Township of Bethlehem, Northampton County, PA

Executor: Paul Francis Smith c/o George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

NOTICE OF INCORPORATIONNOTICE 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 of a proposed business corporation to be organized under the provisions of the Pennsylvania Business Corporation Law of 1988, approved December 21, 1988, P.L. 1444, No. 177, as amended.

The name of the corporation is:HOCH ACCOUNTING PC

The Articles of Incorporation were filed on November 13, 2017.WILLIAM W. MATZ, JR., ESQUIRE

211 W. Broad StreetBethlehem, PA 18018-5517

Nov. 23NOTICE OF NONPROFIT

INCORPORATIONNOTICE IS HEREBY GIVEN that

Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on November 3, 2017, for the purpose of incorporating a nonprofit corporation pursuant to the provisions of the Nonprofit Corporation Law of 1988, approved December 21, 1988, P.L. 1444, No. 177, as amended.

The corporation is incorporated exclusively for tax-exempt purposes within the meaning of Section 501(c)(3)


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of the Internal Revenue Code of 1986, or corresponding provisions of any future United States Internal Revenue Law, to inspire communities in the Slate Belt Area to come together by helping those in need.

The name of the corporation is:OPERATION SLATE BELT LOVE, INC.

David J. Ceraul, Esquire22 Market StreetBangor, PA 18013

Nov. 23CORPORATE FICTITIOUS NAME

REGISTRATION NOTICENOTICE IS HEREBY GIVEN,

pursuant to the provisions of Act 295 of 1982, as amended, of intention to file, or the filing of, in the office of the Secretary of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, a Certificate for the conduct of a business in Pennsylvania, under the assumed or fictitious name, style of designation of:

NetEnrich, Inc.with its principal place of business at: 242 Mahogany Place, Northampton, Pennsylvania. The name and address of the entity owning or interested in said business are: NetEnrich, Inc., 226 Airport Pkwy., Suite 550, San Jose, CA 95110. The Certificate was filed on November 1, 2017.

Nov. 23CERTIFICATE OF AUTHORITY

NOTICENOTICE IS HEREBY GIVEN that

an Application was made to the Department of State of the Common-wealth of Pennsylvania, at Harris-burg, PA, on November 15, 2017 by American Bridal Show Company, a foreign corporation formed under the laws of the State of NEW JERSEY where its principal office is registered

in PA, for a Certificate of Authority to do business in Pennsylvania under the provisions of the Pennsylvania Business Corporation Law of 1988. The registered office in Pennsylvania shall be deemed for venue and official publication purposes to be located in Northampton County.

Nov. 23NOTICE OF FOREIGN

WITHDRAWALNOTICE IS HEREBY GIVEN that

a Statement of Withdrawal of Foreign Registration has been filed with the Department of State of the Common-wealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of withdrawing the registration to do business in the Commonwealth.

The name of the Nonprofit Corpo-ration is: The Epiphany Founda-tion.

The corporation is not doing business in the Commonwealth and withdraws its registration to do business in this Commonwealth.

NORRIS McLAUGHLIN &MARCUS, P.A.

515 W. Hamilton StreetSuite 502Allentown, PA 18101Telephone: (610) 391-1800

Nov. 23IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL DIVISION—LAWNOTICE OF NAME CHANGE

IN RE: MASON DANIEL ALEXANDER

NO. 2017-7879NOTICE IS HEREBY GIVEN that

on August 30, 2017, Daniel R. Martisofski, filed in the Court of Common Pleas of Northampton County at Docket No. 2017-7879, a


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Petition seeking to change his minor son’s name to MASON DANIEL MARTISOFSKI.

The Petition will be presented on January 5, 2018 at 9:00 a.m. in Motions Court, Courtroom #4 of the Northampton County Courthouse, 669 Washington Street, Easton, PA 18042. All parties interested in the proposed change of name may appear and show cause, if they have, why the prayer of the Petitioner should not be granted.

MICHAEL J. VARGO, ESQUIREAttorney ID No. 208583

Attorney for the Petitioner680 Wolf AvenueEaston, PA 18042(610) 258-3757

Nov. 23IN THE COURT OF COMMON PLEAS

NORTHAMPTON COUNTY CIVIL ACTION—LAWNOTICE OF ACTION IN

MORTGAGE FORECLOSUREDitech Financial LLC f/k/a Green Tree Servicing LLC,

Plaintiffvs.

The Unknown Heirs of Esther Oquendo, Deceased & Robin

Ganchoso, Solely in Her Capacity as Heir of Esther Oquendo, Deceased,

Mortgagor and Real Owner, Defendant(s)

NO. C-48-CV-2017-06897To: The Unknown Heirs of Esther

Oquendo, Deceased & Robin Ganchoso, Solely in Her Capacity as Heir of Esther Oquendo, Deceased, Mortgagors and Real Owner, Defendant(s), whose last known address is 1624-28 East 10th Street, Bethlehem, PA 18015

This firm is a debt collector and we are attempting to collect a debt owed to our client. Any information obtained from you will be used for the purpose of collecting the debt. You are hereby notified that Plaintiff, Ditech Financial LLC f/k/a Green Tree Servicing LLC, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Northampton County, PA, docketed to No. C-48-CV-2017-06897, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 1624-28 East 10th Street, Bethlehem, PA 18015, whereupon your property will be sold by the Sheriff of Northampton County. Notice: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, 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


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agencies that may offer legal services to eligible persons at a reduced fee or no fee.

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

MICHAEL T. McKEEVER, ESQUIREKML LAW GROUP, P.C.

Attys. for PlaintiffMellon Independence Center701 Market St.Ste. 5000Philadelphia, PA 19106-1532(215) 627-1322

Nov. 23COURT OF COMMON PLEAS NORTHAMPTON COUNTY

CIVIL ACTION—LAWNOTICE OF ACTION IN

MORTGAGE FORECLOSUREChristiana Trust, a Division of

Wilmington Savings Fund Society, FSB, as Indenture Trustee, for the

CSMC 2014-RPL2 Trust, Mortgage-Backed Notes, Series 2014-RPL2,

Plaintiffvs.

The Unknown Heirs of Paul Toth, Deceased, Gary Toth, Solely in His

Capacity as Heir of Paul Toth, Deceased & Michael Toth, Solely in His Capacity as Heir of Paul Toth,

Deceased, Mortgagor and Real Owner,

DefendantsNo. C-48-CV-2017-06541

To: The Unknown Heirs of Paul Toth, Deceased, Mortgagor and Real Owner, Defendant(s), whose last known address is 1524 Fairmount Street, Bethlehem, PA 18017This firm is a debt collector and we

are attempting to collect a debt owed to our client. Any information obtained from you will be used for the

purpose of collecting the debt. You are hereby notified that Plaintiff, Christiana Trust, a Division of Wil mington Savings Fund Society, FSB, as Indenture Trustee, for the CSMC 2014-RPL2 Trust, Mortgage-Backed Notes, Series 2014-RPL2, has filed a Mortgage Foreclosure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Northampton County, PA, docketed to No. C-48-CV-2017-06541, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 1524 Fairmount Street, Bethlehem, PA 18017, whereupon your property will be sold by the Sheriff of Northampton County. Notice: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, 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


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to eligible persons at a reduced fee or no fee.

Lawyer Referral ServiceP.O. Box 4733Easton, PA 18043-4733(610) 258-6333- or -Lehigh Valley Legal Services65 E. Elizabeth Ave.Ste. 903Bethlehem, PA 18018(610) 317-8757REBECCA A. SOLARZ, ESQUIRE

KML LAW GROUP, P.C.Attys. for Plaintiff

Mellon Independence Center701 Market St.Ste. 5000Philadelphia, PA 19106-1532(215) 627-1322

Nov. 23LEGAL SECRETARY/OFFICE

MANAGER POSITIONImmediate opening for an experi-

enced legal secretary with office management skills. Requirements include background in managing others, experience with estates, real estate and title insurance matters and a proficiency in Microsoft Office including Word, Outlook and Excel. Salary and benefits based upon expe-rience. Mail resume in confidence to Lewis & Walters, 46 S. Fourth Street, Easton, PA 18042 or e-mail to [email protected].

Nov. 9, 16, 23SHERIFF’S SALE OF

VALUABLE REAL ESTATEThe following real estate will be

sold by the Sheriff of Northamp- ton County, Pennsylvania, on DECEMBER 8, 2017, 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, to wit:

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-2010-01428WILMINGTON SAVINGS

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

vs.JEAN F. ROSSI

Property Address:2895 Pheasant Drive, Northamp-

ton, PA 18067UPI/Tax Parcel Number:J5/19/3B/0520ALL THAT CERTAIN tract, lot or

piece of ground situate on the south side of Pheasant Drive, Pennsylvania Route 248 in Moore Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Jean F. Rossi a/k/a Jean Rossi, by Deed from Reno Land Devel-opment, Inc., said deed recorded 8/8/2003 in Deed Book 2003-1, Page 320317.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and an attached two-car garage.

No. C-48-CV-2011-00746WELLS FARGO BANK, N.A.

vs.ERIC D. SIMMONS, MIA SIMMONS

Property Address:130 Lower Way Road, Easton, PA

18045UPI/Tax Parcel Number:K8/15/2-19/0324ALL THAT CERTAIN lot or piece of

ground situate in Palmer Township, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Eric D. Simmons and Mia Simmons, h/w, who acquired title by


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virtue of a deed from Satyam J. Patel and Roshni Patel, h/w. Said deed recorded 10/1/2008 in Deed Book 2008-1, Page 270940.

THEREON BEING ERECTED a two-story single dwelling with brick exterior, shingle roof and an attached two-car garage.


vs.BRIAN HUMPHREYS,

VIRGINIA HUMPHREYSProperty Address:2253 Linden Street, Bethlehem,

PA 18017UPI/Tax Parcel Number:N6NE3D/3/1/0204ALL THAT CERTAIN tract, piece

or parcel of land, together with the buildings erected thereon, situate, lying and being in the 14th Ward of Bethlehem City, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Virginia L. Humphreys, who acquired title by virtue of a deed from Virginia L. Albrecht a/k/a Virginia L. Humphreys, said deed recorded 10/23/1992 in Deed Book 877, Page 649.

THEREON BEING ERECTED a cape cod-style single dwelling with brick exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2012-07672LSF9 MASTER

PARTICIPATION TRUSTvs.

BRIAN E. SAMAYOAProperty Address:1540 Spring Garden Street,

Easton, PA 18042-3156UPI/Tax Parcel Number:L9SW2B/6/2D/0837ALL THE FOLLOWING described

properties situate in Wilson Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Brian E. Samayoa by deed from Randy J. Gingrich and Marianella C. Gingrich, h/w, said deed recorded 11/15/2007 in Deed Book 2007-1, Page 414023.

THEREON BEING ERECTED a two-story row home dwelling with brick exterior and shingle roof.

No. C-48-CV-2013-03459U.S. BANK

NATIONAL ASSOCIATION, AS TRUSTEE ET AL.

vs.DANA SHETAYH,

SAMUEL JOSEPH SHETAYHProperty Address:481 Savage Road, Northampton,

PA 18067-9009UPI/Tax Parcel Number:L4SE1/3/9/0501ALL THAT CERTAIN lot or piece of

ground situate in Allen Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Samuel Shetayh and Dana Shetayh, h/w, by deed from Samuel Shetayh, said deed recorded 11/3/2005 in Deed Book 2005-1, Page 439344.

THEREON BEING ERECTED a bi-level single dwelling with vinyl siding, shingle roof, an attached two-car garage and a shed.

No. C-48-CV-2014-04550NATIONSTAR MORTGAGE LLC

vs.RENEE R. DeFRANCO

Property Address:710 Pennsylvania Avenue, Roseto,

PA 18013-1132UPI/Tax Parcel Number:D9SE1A/4/6/0128ALL THOSE TWO CERTAIN tracts,

pieces or parcels of land lying and being situate in Roseto Borough, Northampton County, Pennsylvania.


13

BEING THE SAME PREMISES granted and conveyed unto Lucian DeFranco and Renee DeFranco, his wife, by deed from Antonette Falcone and Michael R. Falcone, her husband, said deed recorded 12/30/1966 in Deed Book 285, Page 519. Lucian DeFranco was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Lucian DeFranco’s death on or about 3/11/2013, his ownership interest was automatically vested in the surviving tenant by the entirety.

THEREON BEING ERECTED a split-level single dwelling with brick exterior, shingle roof and an attached two-car garage.

Property Address:Pennsylvania Avenue, Roseto, PA

18013-1132UPI/Tax Parcel Number:D9SE1A/4/5/0128ALL THOSE CERTAIN lots, pieces,

or parcels of land lying and being situate in Roseto Borough, Northamp-ton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Lucian DeFranco and Renee DeFranco, his wife, by deed from Duane Policelli, Marc Pollicelli and Richard Pagotto, said deed recorded 4/15/1982 in Deed Book 636, Page 804. Lucian DeFranco was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Lucian DeFranco’s death on or about 3/11/2013, his ownership interest was automatically vested in the surviving tenant by the entirety.

THEREON BEING vacant land.Property Address:Webster Street, Roseto, PA 18013-

1132UPI/Tax Parcel Number:D9SE1A/4/9B/0128ALL THOSE CERTAIN pieces,

parcels or tracts of land lying and

being situatein Roseto Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Lucian DeFranco and Renee R. DeFranco, his wife, by deed from Jean Merlo and Anthony Merlo, her husband, said deed recorded 10/13/1961 in Deed Book 159, Page 4. Lucian DeFranco was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Lucian DeFranco’s death on or about 3/11/2013, his ownership interest was automatically vested in the surviving tenant by the entirety.

THEREON BEING vacant land.No. C-48-CV-2014-06486

U.S. BANK NATIONAL ASSOCIATION, AS

TRUSTEE ET AL.vs.

LAURA E. ARNOLD,ROBERT L. HARRISON, JR.

Property Address:3003 Appian Way, Easton, PA

18040UPI/Tax Parcel Number:K9/27A/15/0311ALL THAT CERTAIN tract or parcl

of land and premises located in Forks Township, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Laura E. Arnold, single, (5/6 interest) and Robert L. Harrison, Jr., Single, (1/6 interest), tenants in common by deed from Peter Breen and Ines Almendarez-Breen, h/w, said deed recorded 6/3/2002 in Deed Book 2002-1, Page 142833.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and an attached two-car garage.

No. C-48-CV-2014-08646LSF9 MASTER

PARTICIPATION TRUSTvs.


14

NICHOLAS VISCOMI, REGINA VISCOMI

Property Address:810 Sheridan Drive, Easton, PA

18045-5048UPI/Tax Parcel Number:M8SE1/3/24/0324ALL THOSE THREE CERTAIN

lots, tracts or pieces of land situate in Palmer Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Nicholas Viscomi and Regina Viscomi, h/w, by deed from Marie Pologruto, power of attorney for Anthony La Rosa, said deed recorded 5/2/2001 in Deed Book 2001-1, Page 74043.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and a detached two-car garage.

No. C-48-CV-2015-00976STRUCTURED ASSET

SECURITIES CORPORATION MORTGAGE ET AL.

vs.MARIAN DWORAKOWSKI

Property Address:812 Main Street, Hellertown, PA

18055UPI/Tax Parcel Number:Q7SW2D/2/1/0715ALL THAT CERTAIN messuage or

tenement and lot of land situate on the western side of Main Street between Hampton Avenue and Depot Street in Hellertown Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Marian Dworakowski, unmarried, by deed from Hazel D.K. Jones, unmarried, said deed recorded 6/4/2004 in Deed Book 2004-1, Page 214462.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding/brick exterior/wood exterior and slate roof.

No. C-48-CV-2015-03304FEDERAL NATIONAL

MORTGAGE ASSOCIATIONvs.

RYAN A. WIDA, SARAH K. WIDAProperty Address:419 Cherry Street, Hellertown, PA

18055UPI/Tax Parcel Number:Q7SW3B/3/11/0715ALL THAT CERTAIN piece or

parcel of land situated, lying and being in Hellertown Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Ryan A. Wida and Sarah K. Wida, h/w, by deed from Nicole L. Seifert and Tina Caputo, Jtwros, said deed recorded 3/27/2007 in Deed Book 2007-1, Page 110105.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding/stucco exterior and shingle roof.

No. C-48-CV-2015-08085NORTHAMPTON BOROUGH

vs.GAEL STERNER

Property Address:1629 Washington Avenue,

Northampton, PA 18067-1553UPI/Tax Parcel Number:L4SW4C/11/24/0522ALL THAT CERTAIN messuage or

tenement half of a double frame house situate on the east side of Washington Avenue between 18th and 17th Streets in the 2nd Ward of Northampton Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Gael Sterner by deed from Greater Lehigh Valley Property Management, said deed recorded 1/14/2005 in Deed Book 2005-1, Page 19730.

THEREON BEING ERECTED a two-story with attic half-double


15

dwelling with asbestos shingles facade and slate roof.

No. C-48-CV-2015-10939THE BANK OF

NEW YORK MELLON TRUST COMPANY, N.A. ET AL.

vs.SANDRA SUDZIARSKI

Property Address:642 Broadway, Bethlehem, PA

18015UPI/Tax Parcel Number:P6SW2C/17/3/0204ALL THAT CERTAIN messuage,

tenement and lot or piece of land, with improvements thereon erected, situated in Bethlehem City, North-ampton County, Pennsylvania.

BEING THE SAME PREMISES which James Generoso, granted and conveyed unto Sandra Sudziarski, by deed recorded 3/11/2005 in Deed Book 2005-1, Page 89881.

THEREON BEING ERECTED a two-story half-double dwelling with brick exterior, shingle/slate roof and a detached two-car garage.


vs.MARGIE SMITH

Property Address:722 Pine Street, Easton, PA 18042UPI/Tax Parcel Number:L9SE1B/28/5/0310ALL THAT CERTAIN frame,

messuage or tenement and lot or piece of ground situate on the south side of Pine Street in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Margie Smith, a single woman, by deed from Timothy P. Nicholson and Elizabeth A. Nicholson, h/w, said deed recorded 4/10/2006 in Deed Book 2006-1, Page 141736.

THEREON BEING ERECTED a two-story row home dwelling with vinyl siding and shingle roof.

No. C-48-CV-2016-00556U.S. BANK NATIONAL ASSOCIATION ET AL.

vs.VICTOR RYZHIY,

TETYANA V. YEVTUSHENKOProperty Address:2114 Butler Street, Easton, PA

18042UPI/Tax Parcel Number:L9SW4B/11/11/0837ALL THAT CERTAIN parcel of

land, with the eastern half of a double dwelling house thereon erected, situate on the south side of Butler Street, in Wilson Borough, Northamp-ton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Tetyana V. Yevtushenko and Victor Ryzhiy, wife and husband, as tenants by the entirety by deed from Tetyana V. Yevtushenko and Marina Yuditsky, said deed recorded 2/21/2008 in Deed Book 2008-1, Page 47770.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding/brick exterior and shingle roof.

No. C-48-CV-2016-02907U.S. BANK TRUST


vs.AMY MARCIGLIANO

Property Address: 106 West Grant Street, Easton,

PA 18042UPI/Tax Parcel Number:M9NE2B/9/9/0310ALL THAT CERTAIN parcel of land

situate in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Traci Fernsler conveyed unto Amy B. Voorhees by deed recorded


16

6/12/2007 in Deed Book 2007-1, Page 215319.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum siding, shingle roof and a shed.

No. C-48-CV-2016-03759BAYVIEW LOAN SERVICING, LLC

vs.ERROL HAZLEWOOD,

MARION A. HAZLEWOODProperty Address:103 West 4th Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P6SE1A/18/5/0204ALL THAT CERTAIN lot, piece or

parcel of land, with improvements erected thereon, located in Bethlehem City, Northampton County, Pennsyl-vania.

BEING THE SAME PREMISES which Steve Mohle conveyed unto Errol Hazlewood and Marion A. Hazlewood by deed recorded 6/4/2007 in Deed Book 2007-1, Page 205206.

THEREON BEING ERECTED a 3-story half-double dwelling with brick exterior and shingle/slate roof.


vs.WAYNE F. CARDINALLI

Property Address:1506 Spruce Street, Easton, PA

18042UPI/Tax Parcel Number:L9SW2C/15/9/0837ALL THAT CERTAIN messuage,

tenement and tract or piece of land situate in Wilson Borough, Northamp-ton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Wayne F. Cardinalli by deed from Wayne F. Cardinalli and Cindy M. Cardinalli, h/w, said deed

recorded 1/18/2002 in Deed Book 2002-1, Page 19211.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum siding and shingle roof.


vs.GUS N. MAKKAS,

SHERRY MAKKAS, LAFAYETTE AMBASSADOR BANK

Property Address:4711 Conway Court, Easton, PA

18045-8109UPI/Tax Parcel Number:M8SW3/2/5/0205ALL THAT CERTAIN lot or piece of

ground, situate in Bethlehem Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Lafayette Ambassador Bank by deed from David J. Dalrymple, Sheriff of the County of Northampton, said deed recorded 5/5/2016 in Deed Book 2016-1, Page 85342.

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-2016-05578CITY OF EASTON

vs.PARADISE CLUB OF EASTON, INC.

Property Address:508 Canal Street, Easton, PA

18042UPI/Tax Parcel Number:L9SE4B/8/3/0310ALL THAT CERTAIN parcel of land

situate in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Paradise Club of Easton, Inc. by deed recorded 3/23/1973 in Deed Book Volume 453, Page 425.


17

THEREON BEING ERECTED a commerical building with brick exterior and flat roof.

No. C-48-CV-2016-07194U.S. BANK

NATIONAL ASSOCIATIONvs.

VARINDER JEET SINGH, SUKHWINDER KAUR

Property Address:256 Cobblestone Lane, Bethlehem,

PA 18020-8915UPI/Tax Parcel Number:L7/6/12-24/0418ALL THAT CERTAIN lot or parcel

of land situate in Lower Nazareth Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Varinder Jeet Singh and Sukhwinder Kaur by deed from Sukhwinder Kaur said deed recorded 2/20/2012 in Deed Book 2012-1, Page 38116.

THEREON BEING ERECTED a two-story single dwelling with stucco exterior/stone veneer, shingle roof and an attached three-car garage.

No. C-48-CV-2016-08374PENNSYLVANIA HOUSING

FINANCE AGENCYvs.

JEFFREY D. KEPHART, KATHERYN V. KEPHART

Property Address:19 West 27th Street, Northamp-

ton, PA 18067UPI/Tax Parcel Number:L4NW4A/9/2/0522ALL THAT CERTAIN lot or piece of

ground situate on the north side of West 27th Street in the first ward of Northampton Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Jeffrey D. Kephart and Katheryn V. Kephart,

h/w, by deed from Janet L. Hagenbuch, Individually and As Executrix of the Estate of George E. Strohl, said corrective deed recorded 4/18/2006 in Deed Book 2006-1, Page 151043.

THEREON BEING ERECTED a two-story with attic half-double dwelling with vinyl siding and shingle roof.

No. C-48-CV-2016-08702DEUTSCHE BANK

NATIONAL TRUST COMPANY, AS TRUSTEE ET AL.

vs.RITA F. JORDAN

Property Address:535 W. Berwick Street, Easton, PA

18042UPI/Tax Parcel Number:L9SE4C/25/9/0310ALL THAT CERTAIN messuage,

tenement and lot of land, with the improvements thereon erected, situate in Easton City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Bernice Jordan and Rita F. Jordan, h/w, by deed from Bernice Jordan and Rita F. Jordan, his wife, said deed recorded 3/14/1980 in Deed Book 612, Page 524. The said Bernice Jordan passed on 9/11/2015 thereby vesting title solely to Rita F. Jordan.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding and shingle roof.

No. C-48-CV-2016-08953BANK OF AMERICA, N.A.

vs.DAVID T. KUBISEK, KELLY J. KUBISEK

Property Address:246 Cherry Street, Hellertown, PA

18055UPI/Tax Parcel Number:Q7SW3B/12/4/0715


18

THE LAND HEREINAFTER referred to is situated in Hellertown Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which David T. Kubisek and Kelly J. Kubisek, h/w, granted and conveyed unto David T. Kubisek, by deed recorded 11/17/2016 in Deed Book 2016-1, Page 250677.

THEREON BEING ERECTED a cape cod-style single dwelling with aluminum siding and shingle roof.


vs.GORDON SINIFT, SUSAN F.

BOSNICK-SINIFT, THE UNITED STATES OF AMERICA,

DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICEProperty Address:2205 4th Street, Bethlehem, PA

18020UPI/Tax Parcel Number:N7NE1/19/1/0205ALL THOSE CERTAIN lots or

pieces of ground and tenement situate in Bethlehem Township, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Gordon Sinift, husband, who acquired title by virtue of a deed from Gordon Sinift and Susan F. Bosnick-Sinift, h/w, said deed recorded 6/23/2016 in Deed Book 2016-1, Page 125850.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding/brick exterior, shingle roof and an attached one-car garage.



vs.KATHY J. HOUGH

Property Address:1679 Pleasant View Road,

Bethlehem, PA 18015-5834UPI/Tax Parcel Number:R7NW4/4/8/0719ALL THAT CERTAIN messuage or

tract of land situate in Lower Saucon Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in David W. Hough and Kathy J. Hough, h/w, by deed from Wilmer E. Hough and Beverly J. Hough, h/w, said deed recorded 2/4/2002 in Deed Book 2002-1, Page 31003. By virtue of David W. Hough’s death on or about 1/1/2013, his ownership interest was automatically vested in the surviving tenant by the entirety.

THEREON BEING ERECTED a ranch-style single dwelling with brick exterior, shingle roof and an attached two-car garage.


vs.ISABEL CARABALLO

Property Address:651 Hayes Street, Bethlehem, PA

18015UPI/Tax Parcel Number:P6SE2D/16/5/0204ALL THAT CERTAIN lot, tract of

land, parcel or piece of ground, with the buildings and improvements thereon erected, situate in Bethlehem City, Northampton County, Pennsyl-vania.

BEING THE SAME PREMISES granted and conveyed unto Isabel Caraballo by deed from Isabelle Caraballo n/k/a Isabel Caraballo, said deed recorded 1/29/2007 in Deed Book 2007-1, Page 37361.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding, shingle roof and a detached one-car garage.


19


vs.JOHN M. WALKER, TARA M. WALKER

Property Address:1227 1st Avenue, Hellertown, PA

18055-1335UPI/Tax Parcel Number:Q7NW3D/6/8/0715ALL THAT CERTAIN tract of land

situate in Hellertown Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Tara M. Walker by deed from John M. Walker, said deed recorded 2/2/2017 in Deed Book 2017-1, Page 25446.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding, shingle roof and a detached two-car garage.

No. C-48-CV-2017-00392WILMINGTON SAVINGS FUND

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

vs.AMI A. MASLONKA

Property Address:119 South Cedar Street, Nazareth,

PA 18064UPI/Tax Parcel Number:J7SE3B/5/4/0421ALL THAT CERTAIN messuage or

tenement and lot or piece of land situate on the east side of South Cedar Street in Nazareth Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Ami Maslonka by deed from Jason G. Snyder and Jacqueline M. Snyder, h/w, said deed recorded 8/5/2011 in Deed Book 2011-1, Page 161555.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum siding and shingle roof.


vs.MARSHA L. CODE

Property Address:2213 Gruver Avenue, Easton, PA

18045UPI/Tax Parcel Number:L9NW4D/1/1A/0324ALL THAT CERTAIN piece, parcel

or tract of land situate in Palmer Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Marsha L. Code and Algia R. Miller a/k/a Algia Miller, as joint tenants with rights of survivorship and not as tenants in common, by deed from James J. Frank and Karen S. Shoenberger n/k/a Karen S. Frank, h/w, said deed recorded 11/21/2001 in Deed Book 2001-1, Page 248464. The said, Algia R. Miller a/k/a Algia Miller passed on 11/25/2003, whereby title was vested solely to Marsha L. Code.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding and shingle roof.

No. C-48-CV-2017-01445PNC BANK, NATIONAL ASSOCIATION ET AL.

vs.MICHAEL A. KWIATKOWSKIProperty Address:250 Wagner Avenue, Hellertown,

PA 18055UPI/Tax Parcel Number: Q7NW2C/6/1/0715ALL THOSE TWO CERTAIN lots

or pieces of land, lying and being in Hellertown Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to Michael A. Kwiatkowski by deed from Miguel E. Rodriquez and


20

Kimberly Hatter, said deed recorded 10/25/2005 in Deed Book 2005-1, Page 421398.

THEREON BEING ERECTED a cape cod-style single dwelling with vinyl siding/stone exterior, shingle roof and an attached one-car garage.


vs.KATHLEEN J. BAKER

Property Address:1237 Ferry Street, Easton, PA

18042-4165UPI/Tax Parcel Number:L9SE1D/1/4/0310ALL THAT CERTAIN lot or piece of

ground, with the dwelling house thereon erected, situate on the north side of Ferry Street in Easton City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Richard W. Baker and Kathleen J. Baker, h/w, by deed from Donald J. Engelhardt and Lisa M. Engelhardt, h/w, said deed recorded 11/18/1996 in Deed Book 1996-1, Page 120950. Richard W. Baker was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Richard W. Baker’s death on or about 8/18/2013, his ownership interest was automati-cally vested in the surviving tenant by the entirety.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding and shingle roof.

No. C-48-CV-2017-01706U.S. BANK


vs.MARTIN SCOTT KELLISH,

ARTHUR R. TALBOT, BRYAN MacARTHUR

Property Address:724 Hillside Avenue, Bethlehem,

PA 18015

UPI/Tax Parcel Number:P6SE2D/26/3/0204ALL THAT CERTAIN messuage,

tenement and lot or piece of ground situate on the southwest side of Hillside Avenue in Bethlehem City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Michael L. Schonberger and Beth S. Schonberger, h/w, granted and conveyed unto Martin Scott Kellish, Bryan MacArthur and Arthur R. Talbot, by her agent Michael L. Schonberger as set forth in power of attorney dated 5/26/2006 in Book 2006-1. Page 248569, by deed recorded 6/21/2006 in Deed Book 2006-1, Page 248599.

THEREON BEING ERECTED a 3-story single dwelling with brick exterior/stone exterior and slate roof.

No. C-48-CV-2017-01707JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

vs.ROBERT B. SULEWSKI, VIRGINIA G. SULEWSKI

Property Address:1027 1st Avenue, Hellertown, PA

18055UPI/Tax Parcel Number:Q7SW2A/3/19/0715ALL THAT CERTAIN parcel of land

situate in Hellertown Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to Robert B. Sulewski and Virginia G. Sulewski, h/w, by deed from Corey J. Snyder, said deed recorded 9/9/2002 in Deed Book 2002-1, Page 238062.

THEREON BEING ERECTED a two-story/A-frame single dwelling with aluminum siding, shingle roof and a detached two-car garage.


vs.LISA M. CRISTI, STEPHEN CRISTI


21

Property Address:200 Chestnut Street, Pen Argyl,

PA 18072UPI/Tax Parcel Number:E8NE3B/2/10/0625ALL THAT CERTAIN lot, tract or

piece of ground, with the improve-ments erected thereon, situated in Pen Argyl Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to Stephen Cristi and Lisa M. Tramutola by deed of Donald Meehan, said deed recorded 9/9/2005 in Deed Book 2005-1, Page 348695.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding and shingle roof.


vs.THOMAS TANCIN

Property Address:1418 Newport Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW1B/16/2/0522ALL THAT CERTAIN messuage or

tenement and parcel or piece of land situate in the Fourth Ward of Northampton Borough, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Carl M. Tancin and Elizabeth A. Tancin, h/w, by deed from Michael Demko, said deed recorded 5/2/1986 in Deed Book Volume 700, Page 79. Carl M. Tancin died on 9/25/2009 and pursuant to the survivorship language in the above-mentioned deed, all his interest passed to Elizabeth A. Tancin.

THEREON BEING ERECTED a two-story with attic half-double dwelling with aluminum siding and shingle roof.


vs.MARGARET M. D’IMPERIO,

JOSEPH P. D’IMPERIOProperty Address:2327 Park Avenue, Easton, PA

18045-2810UPI/Tax Parcel Number:L8NE3/7/8/0324ALL THAT CERTAIN lot or piece of

ground situate in Palmer Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Joseph P. D’Imperio and Margaret M. D’Imperio, h/w, by deed from Joseph P. D’Imperio and Margaret M. Koskey n/b/m Margaret M. D’Imperio, said deed recorded 3/15/2002 in Deed Book 2002-1, Page 70751.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding/brick exterior and shingle roof.

No. C-48-CV-2017-02361HOMEBRIDGE FINANCIAL

SERVICES, INC.vs.

MICHAEL A. KEIPERProperty 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 conveyed to 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 two-story single dwelling with wood siding exterior and shingle roof.


22

No. C-48-CV-2017-02860CARRINGTON MORTGAGE

SERVICES, LLCvs.

CHRISTIAN W. HORVATH, MISTY L. HORVATH

Property Address:1116 North New Street, Bethlehem,

PA 18018UPI/Tax Parcel Number:N6SE4D/6/6/0204ALL THAT CERTAIN lot or piece of

land with the messuage or tenement thereon erected, situate, lying and being in the ninth ward in Bethlehem City, Northampton County, Pennsyl-vania.

BEING THE SAME PREMISES which Albert R. DeAngelis, Jr. and Sharon DeAngelis, granted and conveyed unto Christian W. Horvath and Misty L. Horvath, by deed recorded 10/24/2008 in Deed Book 2008-1, Page 289529.

THEREON BEING ERECTED a two-story half-double dwelling with brick exterior, shingle roof and a detached one-car garage.


vs.FREDERICK L. DIAMOND, JR.,

KERRI L. SCHAFFERProperty Address:3943 Birch Drive, Bethlehem, PA

18020-4527UPI/Tax Parcel Number:N7NE3/3/16/0205ALL THAT CERTAIN lot or piece of

land lying and being in Bethlehem Township, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Frederick L. Diamond, Jr. who acquired title by virtue of a deed from Kerri L. Schaffer, single, said deed recorded 3/26/2015 in Deed Book 2015-1, Page 46552.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding, shingle roof and an attached one-car garage.


vs.JOYCE DIAN FREY

Property Address:220 Somerset Street, Freemans-

burg, PA 18017-7260UPI/Tax Parcel Number:P7NW1B/4/5/0212ALL THOSE THREE CERTAIN lots

or tracts of land, with improvements erected thereon, situate in Free-mansburg Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Joyce D. Frey, individually by deed from Joyce D. Frey, Admin-istratrix of the Estate of Larry J. Haas, deceased, said deed recorded 7/2/2014 in Deed Book 2014-1, Page 109291.

THEREON BEING ERECTED a two-story half-double dwelling with brick exterior, shingle roof and a detached two-car garage.

No. C-48-CV-2017-03296PNC BANK,

NATIONAL ASSOCATIONvs.

TIMOTHY S. KICHLINEProperty Address:495 Berger Road, Easton, PA

18042-9534UPI/Tax Parcel Number:M9/21/22C/0813ALL THAT CERTAIN tract or parcel

of land situate on the northwesterly side of Berger Road in Glendon Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to Timothy S. Kichline by deed from Timothy S. Kichline, Administrator of the Estate of Jo Ann


23

Kichline, deceased, said deed recorded 6/17/2010 in Deed Book 2010-1, Page 117123.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding and shingle roof.

No. C-48-CV-2017-03536EMBRACE HOME LOANS, INC.

vs.PAMELA J. HOLUBOWSKI

Property Address:4004 Charles Drive, Danielsville,

PA 18038-9534UPI/Tax Parcel Number:H3/7/13E/0516ALL THAT CERTAIN lot or parcel

of land located in Lehigh Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Joseph S. Holubowski and Pamela J. Holubowski, his wife, by deed from Administrator of Veterans Affairs, an Officer of the United States of America, said deed recorded 3/26/1987 in Deed Book 722, Page 230. Joseph S. Holubowski was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Joseph S. Holubowski’s death on or about 12/30/2011, his ownership interest was automati-cally vested in the surviving tenant by the entirety.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding, shingle roof and a detached two-car garage.


vsCLARISSA A. DeGROFF

Property Address:1430 Newport Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW1B/16/1A/0522ALL THAT CERTAIN lot, parcel or

tract of land situate along the westerly

side of Newport Avenue in Northamp-ton Borough, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Clarissa A. DeGroff, who acquired title by virtue of a deed from Jason Grantham, said deed recorded 6/3/2014 in Deed Book 2014-1, Page 87702.

THEREON BEING ERECTED a two-story with attic single dwelling with brick and asbestos shingles exterior, and shingle roof.


vs.BRIAN C. HARTMAN

Property Address:410 Liberty Avenue, Roseto, PA

18013-1230UPI/Tax Parcel Number:D9SE1D/1/6/0128ALL THOSE CERTAIN messuages,

tracts, pieces or parcels of land situate in Roseto Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Brian C. Hartman by deed from Brian C. Hartman, said deed recorded 9/8/2000 in Deed Book 2000-1, Page 117736.

THEREON BEING ERECTED a colonial-style single dwelling with aluminum siding, slate roof, detached one-car garage and a studio.


MORTAGE ASSOCIATIONvs.

RONNIE LEON LABAR, LYNN ELLEN LABAR

Property Address:992 Buck Drive, Nazareth, PA

18064UPI/Tax Parcel Number:G9/11/7D/0626ALL THAT CERTAIN tract, piece

or parcel of land situate in Plainfield


24

Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Ronnie Leon Labar a/k/a Ronnie L. Labar and Lynn Ellen Labar a/k/a Lynn E. Labar, by deed from Reen Development Company, LLC, said deed recorded 10/11/2002 in Deed Book 2002-1, Page 277791.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding/stucco exterior/stone masonry, shingle roof, an attached three-car garage and an in-ground pool.


vs.JULIA ANN SCHOENENBERGER

Property Address:2011 Leithsville Road, Hellertown,

PA 18055-3006UPI/Tax Parcel Number:R7SW2/3/4/0719ALL THAT CERTAIN messuage or

tenement and tract of land situate in Leithsville Village, Lower Saucon Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Julia Ann Schoenenberger by deed from Larry L. Schoenenberger and Julia Ann Schoenenberger, his wife, said deed recorded 7/31/1986 in Deed Book 706, Page 110.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding, shingle roof and a detached two-car garage.



vs.MARY F. MULLIN

Property Address:303 State Street, Bethlehem, PA

18015

UPI/Tax Parcel Number:P6SE2A/15/14/0204ALL THAT CERTAIN lot or piece of

land, hereditaments and appurte-nances, situate on the eastward side of State Street in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Mary F. Mullin by deed from Victor Merced and Luz Merced, h/w, said deed recorded 2/10/2005 in Deed Book 2005-1, Page 53272.

THEREON BEING ERECTED a two-story row home dwelling with brick exterior and shingle roof.

No. C-48-CV-2017-04256DEUTSCHE BANK TRUST COMPANY AMERICAS, AS

TRUSTEE ET AL.vs.

LARRY SCHAFFHAUSERProperty Address:1510 Railroad Street, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW1B/12/1C/0522ALL THAT CERTAIN lot, parcel or

tract of land, situate along the westerly side of Railroad Street in Northampton Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Larry Schaffhauser, single, by deed from Vladimir G. Zarayko and Carole J. Zarayko, h/w, said deed recorded 10/5/1999 in Deed Book 1999-1, Page 151530.

THEREON BEING ERECTED a two-story half-double with aluminum siding/block exterior, shingle roof and a detached 4-car garage.


MORTGAGE ASSOCIATIONvs.

KARL W. WILSONProperty Address:616 North Westbrook Avenue, Pen

Argyl, PA 18072


25

UPI/Tax Parcel Number:D8SE3D/5/7/0625ALL THAT CERTAIN lot or piece of

ground situate in Pen Argyl Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Robert J. Wilson and Helen E. Wilson by deed from Mary Lou Pysher, now by marriage Mary Lou Pysher-Corby and Arlene Pysher, single, life tenant, said deed recorded 9/5/2003 in Deed Book 2003-1, Page 364495. The said Robert J. Wilson and Helen E. Wilson both died on 12/19/2015. On 3/18/2016, Letters of Administration were granted to Karl W. Wilson, nominating and appointing him as the administrator of the estate of Robert J. Wilson and Helen E. Wilson.

THEREON BEING ERECTED a ranch-style single dwelling with stone exterior, shingle roof and an attached one-car garage.

No. C-48-CV-2017-04499PENNSYLVANIA HOUSING

FINANCE AGENCYvs.

JACQUELINE SANTIAGOProperty Address:1856 2nd Street, Bethlehem, PA

18020-5606UPI/Tax Parcel Number:N7NE4/37/14A/0205ALL THOSE CERTAIN lots or

pieces of land situate in Bethlehem Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Jacqueline Santiago by deed from Sha-Kirra Smith, said deed recorded 7/20/2006 in Deed Book 2006-1, Page 292421.



vs.

MARCOS DE LA ROSAProperty Address:611 Pawnee Street, Bethlehem, PA

18015-1429UPI/Tax Parcel Number:P6SW2C/14/20/0204ALL THAT CERTAIN lot or piece of

ground with the appurtenances thereon situate on the southeast side of Pawnee Street in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Marcos DelaRosa by deed from Eleanor A. Braxmeier, widow, said deed recorded 1/19/2007 in Deed Book 2007-1, Page 25298.

THEREON BEING ERECTED a two-story single dwelling with brick exterior/shingle exterior and shingle roof.

No. C-48-CV-2017-04651U.S. BANK


vs.JEFFREY M. WYANT

Property Address:2125 East Boulevard, Bethlehem,

PA 18017-5031UPI/Tax Parcel Number:N7NW4B/10/2A-3/0204ALL THAT CERTAIN messuage,

tenement and lot or piece of ground, with the building and improvements thereon erected, situate on the westerly side of East Boulevard in the 14th ward, in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Jeffrey M. Wyant by deed from John J. Scully, III, said deed recorded 1/2/2004 in Deed Book 2004-1, Page 1309.

THEREON BEING ERECTED a two-story row home dwelling with vinyl siding and shingle roof.

No. C-48-CV-2017-04868DITECH FINANCIAL LLC

vs.


26

WILLIAM G. CHARLES, KIMBERLEE L. CHARLES

Property Address:306 Hester Road, Bangor, PA

18013UPI/Tax Parcel Number:F10/2/1D/0134ALL THAT CERTAIN tract, piece

or parcel of land situate partly in Lower Mount Bethel Township and partly in Washington Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to William G. Charles and Kimberlee L. Charles, his wife, by deed from Richard L. Simpson, said deed recorded 9/2/2003 in Deed Book 2003-1, Page 358782.

THEREON BEING ERECTED a ranch-style single dwelling with stucco exterior, shingle roof and a detached studio with 2 garages.

Property Address:Delaware Avenue a/k/a Delaware

Drive, Bangor, PA 18013UPI/Tax Parcel Number:F11/1/2/0134ALL THAT CERTAIN tract, piece

or parcel of land situate in Washing-ton Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES conveyed to William G. Charles and Kimberlee L. Charles, his wife, by deed from Richard L. Simpson, said deed recorded 9/2/2003 in Deed Book 2003-1, Page 358782.

THEREON BEING ERECTED vacant land.

No. C-48-CV-2017-05529U.S. BANK


vs.JUSTIN J. LABAR

Property Address:745 Jennings Street, Bethlehem,

PA 18017UPI/Tax Parcel Number:P6NE2B/18/1/0204ALL THOSE TWO CERTAIN

contiguous lots or pieces of land, with improvements thereon erected, situated on the west side of Jennings Street in Bethlehem City, Northamp-ton County, Pennsylvania.

BEING THE SAME PREMISES which was conveyed to Justin J. Labar by deed from Elizabeth A. Johnson, widow, said deed recorded 9/13/2007 in Deed Book 2007-1, Page 337762.

THEREON BEING ERECTED a cape cod-style single dwelling with shingle 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.

DAVID J. DALRYMPLE Sheriff

North amp ton County, Pennsylvania

DAVID J. CERAUL, ESQUIRE Solicitor to the Sheriff

Nov. 16, 23, 30

827Padgett v. Graf

Padgett v. Graf

MICHAEL B. PADGETT, Individually, and As Parent and Natural Guardian for C.R.P. and L.M.P., Minors, and As Administrator and Personal Representative of the Estate of JESSICA L. PADGETT,

Plaintiff v. GREGORY R. GRAF, Defendant

Motion for Judgment on the Pleadings—Battery—Intentional Infliction of Emotional Distress—False Imprisonment.

Plaintiff asserted wrongful death, survival, and direct claims sounding in battery, in-tentional infliction of emotional distress (“IIED”), and false imprisonment against Defendant. Defendant admitted in his answer that he was convicted of the first-degree murder of Plaintiff ’s wife. Based on that admission, Plaintiff moved for judgment on the pleadings, seeking an order finding Defendant liable for the above torts and reserving the issue of damages for trial.

The court entered partial judgment on the pleadings on Plaintiff ’s battery claims, because it was clear that first-degree murder constitutes civil battery. However, the court did not enter judgment on the pleadings on Plaintiff ’s IIED claims, because IIED claims require expert medical proof of emotional distress, which was not contained within the pleadings. Likewise, the court did not enter judgment on the pleadings on Plaintiff ’s false imprisonment claims, because it was not clear, as a matter of law, that Defendant was liable for false impris-onment.

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—No. C-48-CV-2016-9146.

James T. Huber, Esquire, for Plaintiff.

Jack McMahon, Esquire, for Defendant.

Order of the Court entered on June 30, 2017 by Beltrami, J.

ORDER

AND NOW, this 30th day of June, 2017, Plaintiff ’s Motion for Judg-ment on the Pleadings (“Motion”), filed on February 10, 2017, is hereby GRANTED, in part. Partial judgment on the pleadings is hereby entered in favor of Plaintiff and against Defendant, on the issue of liability, with regard to Counts I and II of the Complaint, with the issue of damages reserved for trial. In all other respects, the Motion is DENIED.

STATEMENT OF REASONS

This case arises out of the murder of Jessica L. Padgett (“Decedent”) by her stepfather, Defendant Gregory R. Graf (“Defendant”). Plaintiff, Decedent’s widower, filed his Complaint on October 20, 2016, and Defen-dant filed an Answer on January 5, 2017. In his Complaint, Plaintiff asserts, on behalf of himself and Decedent’s minor children, wrongful death claims sounding in battery (Count I), intentional infliction of emotional distress (“IIED”) (Count III), and false imprisonment (Count V). On behalf of Decedent’s estate, Plaintiff asserts survival claims sounding in battery (Count II), IIED (Count IV), and false imprisonment (Count VI). Addition-

27

Padgett v. Graf828 Vol. 59

ally, Plaintiff asserts, on behalf of himself and Decedent’s minor children, a direct claim for IIED (Count VII).

Plaintiff filed a brief in support of his Motion on February 16, 2017. On April 5, 2017, Defendant filed a response to the Motion and an accom-panying brief. The undersigned heard oral argument on April 25, 2017, and the matter is ready for disposition.

‘Any [party may] move for a judgment on the pleadings after relevant pleadings are closed but within such time as not to unreasonably delay the trial.’ Mun. Auth. of the Borough of Midland v. Ohioville Borough Mun. Auth., 108 A.3d 132, 136 (Pa.Cmwlth.2015); see also, Pa.R.C.P. No. 1034(a). If a court deems it proper, partial judgment can be entered on the plead-ings. Jeffrey Structures, Inc. v. Grimaldi, 186 Pa.Super. 437, 142 A.2d 378 (1958). ‘The court must treat [a] motion [for judgment on the pleadings] as if it were a preliminary objection in the nature of a demurrer.’ Piehl v. City of Phila., 604 Pa. 658, 987 A.2d 146, 154 (2009). Accordingly,[w]hen ruling on a motion for judgment on the pleadings, we view all of the opposing party’s allegations as true, and only those facts that the opposing party has specifically admitted are considered against the opposing party. We consider only the pleadings themselves and any documents properly attached to them. We grant judgment on the pleadings only when there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law.

Stilp v. Gen. Assembly, 929 A.2d 660, 661-62 n. 3 (Pa.Cmwlth.2007) (citations omitted; emphasis added), aff’d, 601 Pa. 429, 974 A.2d 491 (2009). ‘Such a motion may be granted only where the law is clear that a trial would be a fruitless exercise.’ Stoppie v. Johns, 720 A.2d 808, 809 (Pa.Cmwlth.1998).

Our Supreme Court has declared that courts considering a plaintiff ’s motion for judgment on the pleadings are limited to reviewing the complaint and the answer and new matter. Herman v. Stern, 419 Pa. 272, 213 A.2d 594 (1965).

McCord v. Pennsylvanians for Union Reform, 136 A.3d 1055, 1059-60 (Pa. Commw. 2016) (first alteration supplied).

Rule 1034 allows the court to enter “such judgment or order as shall be proper on the pleadings.” Pa. R.C.P. No. 1034(b). Accordingly, “[a] partial judgment on the pleadings is properly entered ... if the defendant’s answer ‘unequivocally and unqualifiedly’ admits that a portion of the claim is due.” Kappe Associates, Inc. v. Aetna Casualty and Surety Company, 234 Pa. Super. 627, 630-31, 341 A.2d 516, 518 (1975) (quoting Edward Rob-inson Agency v. Oleen Products Corp., 399 Pa. 502, 503, 161 A.2d 48, 49 (1960)). It is permissible for a trial court to grant partial judgment on the

28

829Padgett v. Graf

pleadings on the issue of liability and reserve the issue of damages for trial. Cf. Swift v. Milner, 371 Pa. Super. 302, 308-309, 538 A.2d 28, 30-31 (1988) (affirming trial court’s entry of partial judgment on pleadings as to liability).

In this case, Defendant admits that “[o]n November 13, 2015, after a jury trial, [he] was convicted of first degree murder with respect to the killing of [Decedent], and of abuse of her corpse.” (Compl. ¶12; Answer ¶12.) The court finds that this admission suffices to entitle Plaintiff to par-tial judgment on the pleadings on his battery claims, but not on his remain-ing causes of action.

“A battery is defined as a ‘harmful or offensive contact’ with the person of another.” C.C.H. v. Philadelphia Phillies, Inc., 596 Pa. 23, 29 n.4, 940 A.2d 336, 340 n.4 (2008) (citation omitted). “Implicit in the tort of battery is the recognition that an individual has a right to be free from unwanted and offensive or harmful intrusions upon his own body. The tort of battery has traditionally been employed to redress this precise grievance.” Herr v. Booten, 398 Pa. Super. 166, 170, 580 A.2d 1115, 1117 (1990)(em-phasis in original). If a defendant causes a plaintiff to suffer a harmful contact, a battery still occurs “even though the defendant and the plaintiff have not physically touched each other.” Id.

It is clear that murder constitutes civil battery. It is likewise clear that “a criminal conviction collaterally estops a defendant from denying his acts in a subsequent civil trial.” Shaffer v. Smith, 543 Pa. 526, 529, 673 A.2d 872, 874 (1996); see McDonald v. McDonald, 597 N.Y.S.2d 159, 160-61 (N.Y. App. Div. 1993) (conviction of defendant of murder of his wife col-laterally estopped him from relitigating issue of liability in civil suit assert-ing battery claim). Therefore, Plaintiff is entitled to partial judgment, on the issue of liability, on his battery claims.

The same, however, cannot be said of Plaintiff ’s remaining causes of action. In Pennsylvania, a claim for IIED must be supported by objective medical evidence that the claimant suffered the alleged emotional distress. Gray v. Huntzinger, 147 A.3d 924, 929-30 (Pa. Super. 2016). Because, at this early stage, Plaintiff has merely alleged that emotional distress was suffered but has not produced medical evidence of the same, he is not en-titled to judgment on the pleadings on his IIED claims.

“The elements of false imprisonment are (1) the detention of an-other person, and (2) the unlawfulness of such detention.” Renk v. City of Pittsburgh, 537 Pa. 68, 76, 641 A.2d 289, 293 (1994). An actor is only li-able for false imprisonment if “the other is conscious of the confinement or is harmed by it.” Id. at 80, 641 A.2d at 295 (quoting Restatement (Second) of Torts §35(1)(c)). Here, based solely upon Defendant’s admission that he was convicted of murdering Decedent, it is not clear beyond all doubt that he is liable for false imprisonment. Therefore, Plaintiff is not entitled to judgment on the pleadings on his claims for false imprisonment.

29


30

You have rights. Lawyers protect them.Pennsylvania Bar Association

Northampton County Bar Association

The couple was told they couldn’t have a child.

A lawyer suggests they adopt.

The counselor tells them five years.

A lawyer tells them one.

Social Services approves them for adoption.

A lawyer puts it in writing.

The judge signs the order.

A lawyer’s work finalizes it.

They thought they couldn’t have a child.

A lawyer helped make it possible.


31

Northampton County Bar Association

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Documents

Michael B. Padgett, Individually, and As Parent and ...€¦ · Michael B. Padgett, Individually, and As Parent and Natural Guardian for C.R.P. and L.M.P., Minors, and As Administrator