contents - amazon aws

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 January 31, 2019 NO. 57

CONTENTS

INSERT: Pink: 1. 2019 Calendar 2. NCBA Foundation presents “Foundation Kickoff ” in partnership with the Greater Valley YMCA 3. Legally Bound NCBA Book Club 4. Top Ten Reasons to Complete and Return a Committee Preference Form

NOTICE TO THE BAR...Motions Court – February 21 & 22, 2019Please be aware that there WILL be Motions Court on February 21 & 22,

2019. It was previously posted on the 2019 Court Calendar that there will be NO COURT on said days.

If you have any questions, contact the Office of Court Administration at (610) 829-6700.

Audit—Orphans’ Court . . . . . . . . . . . . . . . . . . . 10Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Corporate Fictitious Name

Registration Notice . . . . . . . . . . . . . . . . . . . . . 9Court Calendar . . . . . . . . . . . . . . . . . . . . . . . . . 26Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4

Fictitious Name Registration Notices . . . . . . . . 9Firm Announcement . . . . . . . . . . . . . . . . . . . . . 27General Liability and Workers’

Compensation Attorney . . . . . . . . . . . . . . . . 26Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Limited Liability Company Notice . . . . . . . . . . . 9Sheriff ’s Sales . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Jerzy Wisniewski and Halina Wisniewska, Plaintiffs v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill and Morgan Hill Limited Partnership, Defendants

2

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 . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalDeborah 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

3

Dissents speak to a future age. ~ Ruth Bader Ginsburg

NOTICE TO NCBA MEMBERS – BAR NEWS

IN MEMORIAMCharles A. Wilkinson, Esquire

Admitted to Northampton County Bar: January 1970 • Died: January 15, 2019Services were held on January 22, 2019Memorial Contributions may be sent to:

Sierra Club or Nature Conservancy (The Nature Conservancy, Attn.: Treasury4245 N. Fairfax Drive, Suite 100, Arlington, VA 22203)

Pennsylvania Supreme Court Committee VacanciesThere are seven vacancies on Pennsylvania Supreme Court boards and

committees. The positions have been posted on the UJS website.Applications are due by January 31, 2019.http://www.pacourts.us/courts/supreme-court/committees/.

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. 57 1/31/2019

4

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 PUBLICATIONADAMS, MARYANN E., dec’d.

Late of the City of Bethlehem, Northampton County, PAExecutrix: Sioux S. Adams 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

AMBROSE, MARGARET MARY, dec’d.Late of Bethlehem Township, Northampton County, PAExecutor: Charles Lewis Hilbert c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104Attorneys: Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104

CHERRY, CONSTANCE EMMA, dec’d.Late of Bethlehem Township, Northampton County, PAExecutors: Charles Douglas Cherry and Carl Patrick Kroc c/o Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017At to rneys : T imo thy J . Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017

DOMITROVITZ, JOSEPH W., dec’d.Late of Nazareth Borough, North-ampton County, PAExecutors: Kathryn M. Makoul and George M. Makoul c/o Edward H. Butz, Esquire, 1620 Pond Road, Suite 200, Allentown, PA 18104-2255Attorney: Edward H. Butz, Esquire, 1620 Pond Road, Suite 200, Allentown, PA 18104-2255

GANGEWERE, ROBERT H., dec’d.Late of Wind Gap, Northampton County, PAExecutor: Robert H. Gangewere, Jr.Attorneys: Raymond J. DeRaymond, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060

JOHNSON, NORMAN JEREMY a/k/a NORMAN E. JOHNSON, dec’d.Late of Bethlehem, Northampton County, PAPersonal Representative: Sarah K. Johnson c/o Paul S. Frank, Esquire, King Spry Herman


5

Executor: Robert F. Gasdaska, Jr. c/o Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

SEFCIK, MARY H., dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Susan Marie Sell c/o Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017Attorney: Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017

SLICK, SANDRA ANNE, dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Linda Jean Kiak c/o Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080

SMITH, MARJORIE M., dec’d.Late of Walnutport, Northamp-ton County, PAExecutrix: Linda J. Reinert c/o Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080

VOLETTO, JOYCE M., dec’d.Late of the Township of Bethlehem, Northampton County, PAAdministrator: Gerald B. Voletto c/o Gregory R. Reed, Esquire,

Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Paul S. Frank, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

LATSHAW, MINERVA, dec’d.Late of the Township of Lehigh, Northampton County, PAExecutor: Michael Anthony Latshaw, 1261 Lavista Rd. NE, Unit A #2, Atlanta, GA 30324Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014

MOTIL, JOSEPH E., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Carol J. Sellman, 14 Station Ave., Haddon Heights, NJ 08035Attorneys: Melanie S. Kaplan, Esquire, Rothkoff Law Group, 425 Rte. 70 West, Cherry Hill, NJ 08002

NICOLETTE, MINNIE MARIE, dec’d.Late of the Township of Forks, Northampton County, PAExecutrix: Patricia Marie Loncto c/o Dionysios C. Pappas, Esquire, Vasiliadis Pappas Asso-ciates LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis Pappas Asso-ciates LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

RILEY, ILLONA R. a/k/a ILLONA R. GASDASKA, dec’d.Late of the City of Bethlehem, Northampton County, PA


6

2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020Attorney: Kelly Rambo-Williams, Esquire, 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020

HEYER, GALE J. a/k/a GALE HEYER, dec’d.Late of Pen Argyl Borough, Northampton County, PACo-Executors: Aubrey L. Wills and Arthur L. Kardos c/o Robert N. Rust, III, Esquire, 4461 Kohler Drive, Allentown, PA 18103Attorney: Robert N. Rust, III, Esquire, 4461 Kohler Drive, Allentown, PA 18103

KROMER, RUSSELL D., dec’d.Late of Danielsville, Northamp-ton County, PAExecutor: Darrell R. Kromer a/k/a Darrell Russell Kromer c/o Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069Attorneys: Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069

NIKISCHER, JUDITH ANN a/k/a J U D I T H D E C U N T O NIKISCHER, dec’d.Late of Walnutport, Northamp-ton County, PAExecutrix: Erica Lynn Amato c/o Joseph P. Yannuzzi, Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517Attorney: Joseph P. Yannuzzi, Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517

RIEDY, WILSON P., JR. a/k/a WILSON RIEDY, JR., dec’d.Late of Hellertown City, North-ampton County, PAExecutrix: Dorothy M. Riedy c/o Robert N. Rust, III, Esquire, 4461

Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299

SECOND PUBLICATIONBUCHANAN, HELEN A., dec’d.

Late of Bath, Northampton County, PAExecutor: David G. Buchanan c/o Wendy A. Nicolosi, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018Attorneys: Wendy A. Nicolosi, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018

BUSH, HARRY, JR., dec’d.Late of Lehigh Township, North-ampton County, PAExecutrix: Sheryl A. Fleming, P.O. Box 23, Hoffmeister, NY 13353Attorneys: Matthew G. Schnell, Esquire, Strubinger Law, P.C., 505 Delaware Avenue, P.O. Box 158, Palmerton, PA 18071-0158

DUE, LINDA M., dec’d.Late of the Borough of Bangor, Northampton County, PAExecutor: Christopher Allan Due c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

ERA, MARGARET NAOMI, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutors: Edward Arthur Era, Jr. and Margaret Wendy Era c/o Kelly Rambo-Williams, Esquire,


7

Kohler Drive, Allentown, PA 18103Attorney: Robert N. Rust, III, Esquire, 4461 Kohler Drive, Allentown, PA 18103

STEWART, DARLENE M., dec’d.Late of Upper Mount Bethel Township, Northampton County, PAExecutor: Joshua M. Stewart, 324 Stone Church Drive, Mount Bethel, PA 18343Attorneys: Vanya Dugalic, Esquire, Dugalic & Landau, PC, 901 Carroll Road, Wynnewood, PA 19096

USSLER, JOSEPHINE G., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Christine E. Ussler c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse 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

WEADOCK, MICHAEL EDWARD, dec’d.Late of the City of Bethlehem, Northampton County, PAAdministrators: Elizabeth A. Weadock and Michael E. Weadock c/o Kelly Rambo-Williams, Esquire, 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020Attorney: Kelly Rambo-Williams, Esquire, 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020

THIRD PUBLICATIONBAUNACH, WALENE M., dec’d.

Late of the City of Bethlehem, Northampton County, PAExecutor: Chad M. Baunach c/o William P. Leeson, Esquire, 70

East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426

BEAN, MILDRED L., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Linda L. Bean c/o Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394Attorneys: Noonan Law Office, 526 Walnut Street, Allentown, PA 18101-2394

DOHE, WILLIAM G., dec’d.Late of the City of Easton, Northampton County, PAAdministratrix: Ashley F. Dohe c/o Robert A. Nitchkey, Jr., Esquire, Hemstreet, Nitchkey & Freidle, 730 Washington Street, Easton, PA 18042Attorneys: Robert A. Nitchkey, Jr., Esquire, Hemstreet, Nitchkey & Freidl, 730 Washington Street, Easton, PA 18042

DONCSECZ, DAVID, dec’d.Late of Bethlehem, Northampton County, PAPersonal Representative: Valerie Doncsecz c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097Attorney: Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097

ENNICO, CHESTER, dec’d.Late of the Borough of Bangor, Northampton County, PACo-Administrators: Louis B. Ennico, 125 N. 9th Street, Bangor, PA 18013 and Paul C.


8

Ennico, 189 Treetop Drive, Bangor, PA 18013Attorneys: Ronold J. Karasek, Esquire, Karasek Law Offices, LLC, 641 Market Street, Bangor, PA 18013

FULLOP, WILLIAM J., dec’d.Late of Northampton, Northamp-ton County, PAAdministrator: Michael John Fullop c/o Law Office of David A. Martino, Esquire, 1854 PA Rte. 209, P.O. Box 420, Brodheads-ville, PA 18322Attorneys: Law Office of David A. Martino, Esquire, 1854 PA Rte. 209, P.O. Box 420, Brodheads-ville, PA 18322

GUARRY, RICHARD C., SR., dec’d.Late of Plainfield Twp., North-ampton County, PAExecutor: Richard C. Guarry, Jr. c/o Murphy & Murphy, P.C., P.O. Box 97, Pen Argyl, PA 18072Attorneys: Murphy & Murphy, P.C., P.O. Box 97, Pen Argyl, PA 18072

LAWLER, SUSAN M., dec’d.Late of Bethlehem Township, Northampton County, PAAdministrator: Edward F. Lawler, Jr. c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045

MULLER, CAROL-ANNE, dec’d.Late of the Township of Bethlehem, Northampton County, PAAdministratrix: Catherine A. Muller 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

PHEIFFER, JANE RUTH, dec’d.Late of the Township of Palmer, Northampton County, PAExecutor: Thomas R. Pheiffer, Jr. c/o Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017Attorney: Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017

REMALY, FRANCES, dec’d.Late of Palmer Township, North-ampton County, PACo-Administrators: Marie Simonetta, Nina Wagner and Bruce A. Remaly c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045

RUSIEWICZ, PETER D., dec’d.Late of the Borough of Northamp-ton, Northampton County, PAAdministrator: Bernard E. Rusiewicz c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299

SLOYER, STANLEY D., dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Meryle S. Person c/o Bradford D. Wagner, Esquire,


9

662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

VOUGHT, NAOMI A., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Diane C. Vought c/o Daniel E. Cohen, Attorney, Hof & Reid, LLC, 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020Attorneys: Daniel E. Cohen, Attorney, Hof & Reid, LLC, 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020

WAYDA, WALTER P., dec’d.Late of Bethlehem, Northampton County, PAExecutor: Peter G. Wayda c/o Wendy A. Nicolosi, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018Attorneys: Wendy A. Nicolosi, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018

ZAPP, BARBARA ANN, dec’d.Late of Bethlehem, Northampton County, PAExecutor: Peter Frome Zapp 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

FICTITIOUS NAME REGISTRATION NOTICES

NOTICE IS HEREBY GIVEN that an Application for Registration of Fictitious Name was filed in the Department of State of the Common-wealth of Pennsylvania on December 28, 2018 for:

AJ DIAMOND DISTRICTat: 1768 Calypso Ave., Apt. 8, Bethlehem, PA 18018. The name and address of the individual interested in the business are Arkil W. Johnson at 1768 Calypso Ave., Apt. 8, Bethlehem, PA 18018. This was filed in accordance with 54 Pa. C.S. 311.

Jan. 31NOTICE IS HEREBY GIVEN that

an Application for Registration of Fictitious Name was filed in the Department of State of the Com -monwealth of Pennsylvania on January 3, 2019 for:

GOTHAM AUDIO (USA)at: 135 Spring Street, Unit C, Nazareth, PA 18064. The name and address of the individual interested in the business are Lewis E. Frisch at 135 Spring Street, Unit C, Nazareth, PA 18064. This was filed in accor-dance with 54 Pa. C.S. 311.

Jan. 31CORPORATE FICTITIOUS NAME

REGISTRATION NOTICEAn application for registration of

the fictitious name:NeuroDoc Neuropathy

Treatment Centers—Lehigh Valley1220 Illicks Mill Rd., Bethlehem, PA 18017 has been filed in the Depart-ment of State at Harrisburg, PA, file date November 21, 2018 pursuant to the Fictitious Names Act, Act 1982-295. The names and addresses of the person and entity who are parties to the registration are Dr. Mark D. Losagio, 2434 Southmoore Dr., Bath, PA 18014 and Losagio Chiropractic Center Inc, 1220 Illicks Mill Rd., Bethlehem, PA 18017.

Jan. 31LIMITED LIABILITY COMPANY

NOTICENOTICE IS HEREBY GIVEN that

a Certificate of Organization for a


10

Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Penn-sylvania, on or about December 14, 2018, for the purpose of creating a Limited Liability Company under the Limited Liability Company Law of 1994, P.L. 703, No. 106.

The name of the Limited Liability Company is:

DINKY’S ICE CREAM PARLOR, LLCDavid J. Ceraul, Esquire

22 Market StreetBangor, PA 18013

Jan. 31IN THE NORTHAMPTON COUNTY

COURT OF COMMON PLEAS ORPHANS’ COURT DIVISIONThe following Executors, Admin-

istrators, Guardians & Trustees have filed Accounts in the Office of the Orphans’ Court:

ESTATE; AccountantMADELYN OYER; Richard Charles

Alleger, ExecutorPHYLLIS A. ANDERSON; David L.

Anderson, ExecutorAUDIT NOTICE

All parties interested are notified that an audit list will be made up of all Accounts and the said list will be called for audit at the Northampton County Government Center, Easton, PA on: FRIDAY, FEBRUARY 15, 2019 AT 9:00 A.M. IN COURTROOM #1.

Gina X. GibbsClerk of Orphans’ Court

Jan. 31; Feb. 7NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on January 24, 2019, the petition of Shaneka Torres was filed in Northampton Court of Common Pleas at No. C-48CV2019-655, seeking to change the names of minor children from Rahmir Jahiem Loftin, Ymari

Lachelle Loftin, Amir Jyier Loftin, Amira-Simone Delores Loftin and Junae Chanel Loftin to Rahmir Jahiem Coley, Ymari Lachelle Coley, Amir Jyier Coley, Amira-Simone Delores Coley and Junae Chanel Coley. The court has fixed Tuesday, March 26, 2019 at 9:00 a.m. in Courtroom #4 at the Northampton County Courthouse as the date for the hearing of the petition. All persons interested in the proposed change of names may appear and show cause, if any they have, why the prayer of the petitioner should not be granted.

Jan. 31IN THE COURT OF COMMON PLEAS,

NORTHAMPTON COUNTY, CIVIL ACTION—LAW

WELLS FARGO BANK, N.A.Plaintiff

v.FRANK PENSYL; SYLVIA PENSYL

DefendantsNO. C-48-CV-2017-04267

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 within twenty days of this Notice. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.


11

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 ServiceNorthampton CountyBar AssociationP.O. Box 4733Easton, PA 18043-4733Telephone: (610) 258-6333

Jan. 31NOTICE

The City of Bethlehem Codified Ordinances have been revised and updated from January 2018 through December 2018. Updates are available in electronic and paper formats. Updates in paper format cost $25.00. The entire codified ordi-nances including monthly updates in electronic format are at the City’s website www.bethlehem-pa.gov. Click the about Tab/Scroll to ordi-nances. The entire codified ordinance book in paper format, including the latest updates through December 2018, is available at the cost of $150. Checks should be made payable to: City of Bethlehem. Contact: Louise M. Kelchner, City Clerk, 10 E. Church St., Bethlehem, PA 18018, (610) 865-7130 or [email protected].

Jan. 31SHERIFF’S SALE OF

VALUABLE REAL ESTATEThe following real estate will be

sold by the Sheriff of Northamp- ton County, Pennsylvania, on FEBRUARY 8, 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-2009-08994THE BANK OF NEW YORK

MELLON ET AL.vs.

JOHN PRATA, PATRICIA PRATAProperty Address:7796 Martins Creek-Belvidere

Highway, Bangor, PA 18013UPI/Tax Parcel Number:F12/1/5D/0117All that certain tract, parcel or

piece of land situate in Lower Mt. Bethel Township, Northampton County, Pennsylvania.

Being the same property conveyed to John Prata and Patricia Prata, h/w, as tenants by the entireties, by deed from Michael J. Bittner, said deed recorded 4/6/2006 in Deed Book 2006-1, page 136358.

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

No. C-48-CV-2012-05311U.S. BANK NATIONAL ASSOCIATION ET AL.

vs.SHAWN HELLER,

MARY KATE HELLERProperty Address:297 Farmview Road, Nazareth, PA

18064-2530UPI/Tax Parcel Number:J8SW4/30/7/0432All that certain piece, parcel or

tract of land situate in Upper Nazareth Township, Northampton County, Pennsylvania.

Title to said premises is vested in Shawn Heller, married and Mary Kate


12

Heller, his wife, by deed from Exult Relocation Services Inc., a California Corporation, said deed recorded 10/8/2004 in Deed Book 2004-1, page 390399.


No. C-48-CV-2013-12272REVERSE MORTGAGE

FUNDING LLCvs.

DARRYL L. PHILBIN, EXECUTOR OF THE

ESTATE OF RITA MUTHARDProperty Address:1040 Riverview Drive, Walnutport,

PA 18088UPI/Tax Parcel Number:J2/6/2A/0516All that certain messuage,

tenement and tract of land situate in Lehigh Township, Northampton County, Pennsylvania.

Title to said premises is vested in Ruth Muthard by deed from David A. Eisenberg, Esquire, Trustee in Bank-ruptcy, said deed recorded 10/1/1985 in Deed Book 689, page 67. The said Ruth Muthard died on 10/19/2017. Letters Testamentary were granted to Darryl L. Philbin, Executor of the Estate of Rita Muthard on 12/1/2017.

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

No. C-48-CV-2014-12008JAMES B. NUTTER & COMPANY

vs.UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR

UNDER FORREST LONGENBACH, DECEASED

Property Address:1101 Highfield Drive, #A,

Bethlehem, PA 18020UPI/Tax Parcel Number:M7NW2/12/1101A/0205All that certain unit in the Village

of Highfield Condominium situate in Bethlehem Township, Northampton County, Pennsylvania.

Being the same property conveyed to Forrest Longenbach from Richard Fragale, by Mary A. Merlo, agent and Susan D. Sipe, said deed recorded 10/22/2002 in Deed Book 2002-1, page 288319.

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

No. C-48-CV-2015-03625CARRINGTON

MORTGAGE SERVICES LLCvs.

CHARLES R. DORAK, LISA C. DORAK

Property Address:1508 Bushkill Street, Easton, PA

18042UPI/Tax Parcel Number:L9SW2B/1/3/0837All that certain tract or piece of

land situate on the south side of Bushkill Street in Wilson Borough, Northampton County, Pennsylvania.

Being the same premises conveyed unto Charles R. Dorak and Lisa C. Dorak, h/w, by deed from Nathan L. Reibman, Esquire as an Executor of the Estate of Anna S. Volz, Deceased, said deed recorded 6/7/2001 in Deed Book 2001-1, page 105014.

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

No. C-48-CV-2015-11108MTGLQ INVESTORS, LP

vs.STEVE A. DIVIETRO


13

Property Address:3800 Farmersville Road, Easton,

PA 18045UPI/Tax Parcel Number:L8SE1/7/1/0324All that certain lot or parcel of land

situate in Palmer Township, North-ampton County, Pennsylvania.

Being the same premises granted and conveyed unto Steve A. Divietro by deed from Steve A. Divietro and Lisa B. Divietro, h/w, said deed recorded 10/20/2004 in Deed Book 2004-1, page 407160.

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

No. C-48-CV-2016-04843SPECIALIZED LOAN

SERVICING, LLCvs.

TERRY C. DAUBERT, JR., ELAINA M. DAUBERT

Property Address:3714 Lehigh Drive, Northampton,

PA 18067UPI/Tax Parcel Number:J4/6/10E/0516All that certain lot, parcel, or tract

of land situate along the northerly side of Lehigh Drive in Lehigh Township, Northampton County, Pennsylvania.

Title to said premises is vested in Terry C. Daubert, Jr. and Elaina M. Daubert, h/w, by deed from Terry C. Daubert, widower, said deed recorded 6/8/1999 in Deed Book 1999-1, page 84039.

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

No. C-48-CV-2016-07760NATIONSTAR MORTGAGE

LLC ET AL.vs.

DAVID M. LEEPER, ASHLEY L. LEEPER

Property Address: 1199 Verona Drive, Pen Argyl, PA

18072UPI/Tax Parcel Number:D9/1/31A/0626All those certain lots, pieces or

parcels of land situate in Plainfield Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto David M. Leeper and Ashley L. Leeper, h/w, by deed from Rosemary Sue Achenbach, Administratrix of the Estate of Clifford Achenbach, Deceased, said deed recorded 11/7/2013 in Deed Book 2013-1, page 291680.

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

No. C-48-CV-2016-09853NORTHAMPTON AREA

SCHOOL DISTRICTvs.

THOMAS G. SNYDER, JR.Property Address:319 South Cigar Road, Northamp-

ton, PA 18067-9770UPI/Tax Parcel Number:J4/25/4B/0520All that certain messuage,

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

Being the same premises granted and conveyed unto Thomas G. Snyder, Jr. by deed recorded 4/9/2014 in Deed Book 2014-1, page 56250.


14

Thereon being erected a mobile home with vinyl siding, tin roof and a pole barn and block over-sized garage.

No. C-48-CV-2016-11000BROAD STREET

FUNDING TRUST 1vs.

JAMES MARTIN CONNELL, ADMINISTRATOR OF THE ESTATE OF MARTIN J. HORNINGER, JR.Property Address:1723 Callone Avenue, Bethlehem,

PA 18017UPI/Tax Parcel Number:N7NW1C/4/5/0204All that certain lot or parcel of land

in Bethlehem City, Northampton County, Pennsylvania.

Title to said premises is vested in Martin J. Horninger, Jr. by deed from Martin J. Horninger, Jr., Executor of the Estate of Janet E. Durning, said deed recorded 8/26/2015 in Deed Book 2015-1, page 164244. The said Martin J. Horninger, Jr. died on 7/2/2016. On 1/26/2017, Letters of Administration were granted to James Martin Connell, nominating and appointing him as the Adminis-trator of the Estate of Martin J. Horninger, Jr.

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

No. C-48-CV-2017-02175BRANCH BANKING &

TRUST COMPANY ET AL.vs.

MIRIAM A. PETRESKYProperty Address:1716 5th Street, Bethlehem, PA

18020-6521UPI/Tax Parcel Number:N7NE4/52/7/0205

All those certain lots and pieces of land situate in Bethlehem Township, Northampton County, Pennsylvania.

Title to said premises is vested in Miriam A. Petresky by deed from Miriam A. Petresky and David Clarence Keiper, Co-Executors of the Last Will and Testament of Anna H. Keiper, Deceased, said deed recorded 11/8/1995 in Deed Book 1995-1, page 107002.

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

No. C-48-CV-2017-04966BETHLEHEM AREA SCHOOL DISTRICT

vs.ARGYRO VELIOS

Property Address:448 East Goepp Street, Bethlehem,

PA 18018-4122UPI/Tax Parcel Number:P6NE2A/9/12/0204All that certain messuage,

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

Being the same premises granted and conveyed unto Argyro Velios by deed recorded 2/13/1996 in Deed Book 536, page 114.

Thereon being erected a two-story half-double dwelling with brick exterior, shingle roof and a detached three-car garage.

No. C-48-CV-2017-05215BRANCH BANKING AND

TRUST COMPANYvs.

MAMARI AND MAKHOUL PARTNERSHIP, PHEDRA MAMARI,

GENERAL PARTNER, MAMARI AND MAKHOUL PARTNERSHIP,

FAYEZ MAMARI, GENERAL PARTNER, MAMARI AND


15

MAKHOUL PARTNERSHIP, ALESSAR MAKHOUL, GENERAL

PARTNER, MAMARI AND MAKHOUL PARTNERSHIP

Property Address:1203-1205 Main Street, North-

ampton, PA 18067UPI/Tax Parcel Number:M4NW2D/5/1/0522All that certain messuage,

tenement and lot or piece of ground situate in Northampton Borough, Northampton County, Pennsylvania.

Thereon being erected a commer-cial restaurant with basement, vinyl siding, shingle roof and an attached two-car garage.

Property Address:15 Laubach Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW2D/6/5/0522All that certain lot, parcel or tract

of land situate along the easterly side of Laubach Avenue in Northampton Borough, Northampton County, Pennsylvania.

Thereon being erected a commer-cial two-story with attic apartment building with vinyl siding and shingle roof.

Property Address:25 Laubach Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW2D/6/5A/0522All that certain lot, parcel or tract

of land situate along the easterly side of Laubach Avenue in Northampton Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Mamari and Makhoul Partnership, a Pennsylvania partnership by deed from Dimitrios Hronis and Dimitra Hronis a/k/a Demstra Hronis, h/w, said deed

recorded 4/9/2008 in Deed Book 2008-1, page 99409.

Thereon being vacant land.No. C-48-CV-2017-05381

WESTCAP FUNDING, INC. ET AL.vs.

AXEL ROLONProperty Address:1307 East 6th Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P7SW1A/9/13/0204All that certain tract or piece of

ground at Oberly Terrace in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Axel Rolon by deed from Dominic J. Abruzzese, said deed recorded 5/10/2004 in Deed Book 2004-1, page 176229.

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

No. C-48-CV-2017-07679CITY OF EASTON

vs.RENEE MATHIS

Property Address:1004 Ferry Street, Easton, PA

18042UPI/Tax Parcel Number:L9SE1D/9/10/0310All 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 Renee Mathis by deed recorded 6/6/2006 in Deed Book 2006-1, page 225673.

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

No. C-48-CV-2017-08699HSBC BANK USA, N.A.,

AS TRUSTEE ET AL.vs.


16

KURT OSTRANDERProperty Address:20 Franklin Street, Easton, PA

18042-6805UPI/Tax Parcel Number:M9NW3D/6/3/0813All that certain messuage and

parcel of land situate in Glendon Borough, Northampton County, Pennsylvania.

Title to said premises is vested in Kurt Ostrander by deed from John Hartranft and Nelson P. Smith, Guardians of Edgar Butler, an alleged incompetent, said deed recorded 6/1/1987 in Deed Book 726, page 677.

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

No. C-48-CV-2017-09506BANK OF AMERICA, N.A.

vs.NORBERTO RIOS

Property Address:3840 Dar tmouth Dr i ve ,

Bethlehem, PA 18020UPI/Tax Parcel Number:M7SE1/7/2/0205All that certain lot or parcel of

ground situate in Bethlehem Township, Northampton County, Pennsylvania.

Being the same premises conveyed to Norberto Rios from Wayne Lacey, said deed recorded 10/19/2010 in Deed Book 2010-1, page 215334.

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-2018-00795U.S. BANK NATIONAL ASSOCIATION ET AL.

vs.CODY BOWLBY, HEIR OF GERALDINE A. BOWLBY,

DECEASED, JAMES BOWLBY,

HEIR OF GERALDINE A. BOWLBY, DECEASED, THE UNKNOWN

HEIRS OF GERALDINE A. BOWLBY, DECEASED, PATRICK

BOWLBY, HEIR OF GERALDINE A. BOWLBY, DECEASED

Property Address:255 West Lincoln Street, Easton,

PA 18042UPI/Tax Parcel Number:L9SE3D/29/13/0310All that certain tract or piece of

land located on the north side of Lincoln Street in Easton City, Northampton County, Pennsylvania.

Being the same premises conveyed to Geraldine Bowlby from Ellsworth J. Bowlby and Geraldine Bowlby, his wife, said deed recorded 6/28/1977 in Deed Book 566, page 903.

Thereon being erected a single story dwelling with brick exterior and slate roof.

No. C-48-CV-2018-00845THE MONEY SOURCE, INC.

vs.TINA A. CWYNAR

Property Address:559 Azalea Drive, Northampton,

PA 18067-9505UPI/Tax Parcel Number:J3/18/2D-30/0516All that certain lot situated in

Lehigh Township, Northampton County, Pennsylvania.

Title to said premises is vested in Richard Cwynar and Tina Cwynar, h/w, by deed from James M. Nemeth and Carol Ann Nemeth, h/w, said deed recorded 10/6/1987 in Deed Book 735, page 787. Richard Cwynar a/k/a Richard W. Cwynar was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Richard Cwynar a/k/a Richard W. Cwynar’s death on or


17

about 2/5/2017, his ownership interest was automatically vested in the surviving tenant by the entirety.

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


LLC ET AL.vs.

JUSTIN NOVAKProperty Address:226.5 Juniata Street, Freemans-

burg, PA 18017UPI/Tax Parcel Number:P7NW2A/3/6/0212All that certain messuage,

tenement and lot or piece of ground situate on the west side of Juniata Street in Freemansburg Borough, Northampton County, Pennsylvania.

Being the same premises conveyed to Justin Novak by deed from Stellar Holding, LLC, said deed recorded 8/25/2010 in Deed Book 2010-1, page 167405.

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

No. C-48-CV-2018-01166BAYVIEW LOAN SERVICING, LLC

vs.DANIEL J. MASTON, SHANA E. RUTAN

Property Address:1904 Butler Street, Easton, PA

18042UPI/Tax Parcel Number:L9SW3A/8/7/0837All that certain messuage, and

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

Being the same premises conveyed to Daniel J. Maston and Shana E. Rutan, JTWROS, by deed from

Richard D. Rutan and Elizabeth Rutan, h/w, said deed recorded 10/19/2006 in Deed Book 2006-1, page 434737.

Thereon being erected a two-story half-double dwelling with aluminum siding, shingle roof and a detached two-car garage.

No. C-48-CV-2018-01316PNC BANK,

NATIONAL ASSOCIATIONvs.

ANNETTE HOWER a/k/a ANNETTE LAWSON,

BRETT LAWSONProperty Address:453 Broad Street, Pen Argyl, PA

18072UPI/Tax Parcel Number:E8NE3A/3/13/0625All that certain lot situated in Pen

Argyl Borough, Northampton County, Pennsylvania.

Being the same premises conveyed to Brett Lawson and Annette Lawson, h/w, by deed from Annette Perkosky n/k/a Annette Lawson and Brett Lawson, w/h, said deed recorded 1/10/2013 in Deed Book 2013-1, page 10273.

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


LLC ET AL.vs.

MELISSA LAWSON a/k/a MELISSA VAN NESS, HEIR OF

WAYNE E. VAN NESS, JR. a/k/a WAYNE E. VAN NESS, DECEASED, THE UNKNOWN HEIRS OF WAYNE E. VAN NESS, JR. a/k/a WAYNE E.

VAN NESS, DECEASEDProperty Address:2407 Victor Street, Easton, PA

18042


18

UPI/Tax Parcel Number:M9NW1B/12/28/0837All that certain lot, parcel or piece

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

Being the same premises conveyed to Wayne E. Van Ness, Jr. from Lehigh Valley, Maximum Listing Savings, LLC by deed recorded 11/16/2007 in Deed Book 2007-1, page 415773.

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

No. C-48-CV-2018-01763THE MONEY SOURCE, INC.

vs.NORMAN E. LAWSON,

ANNA L. LAWSONProperty Address:420 Hickory Street, Bethlehem, PA

18017-5907UPI/Tax Parcel Number:N6SE3A/4/4/0204All that certain messuage and

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

Title to said premises is vested in Norman E. Lawson and Anna L. Lawson, h/w, by deed from Gregory DeJesus and Ilia E. DeJesus, h/w, said deed recorded 9/19/2005 in Deed Book 2005-1, page 361545.

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

No. C-48-CV-2018-02243JPMORGAN CHASE BANK, NATIONAL ASSOCIATION

vs.MELISSA GUTIERREZ

Property Address:1616 East 9th Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P7SW1C/4/4C/0204

All that certain lot or parcel of ground located in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Melissa Gutierrez by deed from Joseph Serfass and Colleen F. Serfass, h/w, said deed recorded 9/1/2004 in Deed Book 2004-1, page 342630.

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

No. C-48-CV-2018-02430WELLS FARGO BANK, NA

vs.SANDRA E. WUKITCH

Property Address:1505 1st Street, Bethlehem, PA

18020UPI/Tax Parcel Number:N7SW2/9/1C/0205All that certain lot or parcel of land

situate in Bethlehem Township, Northampton County, Pennsylvania.

Being the same property conveyed to Sandra E. Wukitch by deed from Sandra E. Wukitch, individually, and Sandra E. Wukitch as Executrix under the Will of Lydia M. Wukitch, Deceased, said deed recorded 2/23/1987 in Deed Book 720, page 616.

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

No. C-48-CV-2018-02488LAKEVIEW LOAN SERVICING, LLC

vs.P.E.M. (A MINOR) KNOWN

SURVIVING HEIR OF CHRISTOPHER JAMES MASSI,

UNKNOWN SURVIVING HEIR OFCHRISTOPHER JAMES MASSIProperty Address:210 East North Street, Bethlehem,

PA 18018


19

UPI/Tax Parcel Number:P6NE1C/4/1A/0204All that certain messuage,

tenement and parcel of land situate along the southerly side of East North Street, between High Street and Penn Street, in Bethlehem City, Northamp-ton County, Pennsylvania.

Title to said premises is vested in Christopher James Massi by deed from Jeffrey H. Lecompte, said deed recorded 7/24/2008 in Deed Book 2008-1, page 216266. The said Christopher James Massi died on 12/27/2016 without a will or appoint-ment of an Administrator.

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


SERVICING LLCvs.

ALBERT PARRY, IN HIS CAPACITY AS HEIR OF DONALD W. HAWK,

JR, DECEASED, CHERYL BOSSERT, IN HER CAPACITY AS HEIR OF DONALD W. HAWK, JR, DECEASED, JAKE BALDINI, IN

HIS CAPACITY AS HEIR OF DONALD W. HAWK, JR,

DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL

PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT,

TITLE OR INTEREST FROM OR UNDER DONALD W. HAWK,

JR, DECEASEDProperty Address: 218 North 8th Street, Bangor, PA

18013-1716UPI/Tax Parcel Number:D9SE4D/8/4/0102All that parcel of land in Bangor

Borough, Northampton County, Pennsylvania.

Title to said premises is vested in Donald W. Hawk, Jr. and Catherine

Hawk, his wife, by deed from James R. Pysher and Sandra A. Pysher, his wife, said deed recorded 7/3/1974 in Deed Book 492, page 8. Catherine Hawk was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of Catherine Hawk’s death on or about 4/25/2012, her ownership interest was auto-matically vested in the surviving tenant by the entirety. Mortgagor Donald W. Hawk, Jr died on 10/17/2016 and upon information and belief, his surviving heirs are Albert Parry, Leroy Parry, Donnie Hawk, Jake Baldini, Cheryl Bosssert and Tracy Sipos. By executed waivers, Leroy Parry, Donnie Hawk and Tracy Sipos waived their rights to be named as defendants in the foreclosure action.

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


SERVICING LLCvs.

RICHARD DiCHIARA, MICHELLE J. DiCHIARA

Property Address:4114 Scherman Boulevard,

Bethlehem, PA 18020UPI/Tax Parcel Number:M7/17D/1/0205All that certain lot or parcel of land

situate on the south side of Scherman Boulevard in Bethlehem Township, Northampton County, Pennsylvania.

Being the same premises conveyed to Richard DiChiara and Michelle J. DiChiara, h/w, by deed from Stephen F. Selvaggio and Teresa A. Selvaggio, t/a T&S Development Company, said deed recorded 11/1/2000 in Deed Book 2000-1, page 144739.


20

Thereon being erected a ranch-style single dwelling with vinyl siding/brick exterior, shingle roof, attached two-car garage and an in-ground pool.


vs.VIRGINIA FARLEIGH,

CHRIS FARLEIGHProperty Address:110 West Pennsylvania Avenue,

Pen Argyl, PA 18072UPI/Tax Parcel Number:E8NE2D/11/4/0625All that certain tract, piece or

parcel of land situated in Pen Argyl Borough, Northampton County, Pennsylvania.

Being the same property conveyed to Virginia Farleigh and Chris Farleigh, mother and son, with rights of survivorship, by deed from Steven A. Strouse, said deed recorded 7/7/2008 in Deed Book 2008-1, page 199417.

Thereon being erected a two-story half-double dwelling with vinyl siding, slate roof and a detached two-car garage.

No. C-48-CV-2018-03340THE BANK OF NEW YORK

MELLON ET AL.vs.

DAVID W. SCHRECKProperty Address:574 Bushkill Center Road,

Nazareth, PA 18064UPI/Tax Parcel Number:H7/16/10/0406All that certain messuage,

tenement and tract of land situate in Bushkill Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto David Schreck by deed from Miriam L. Schreck, said

deed recorded 12/31/2014 in Deed Book 2014-1, page 231494.

Thereon being erected a split-level single dwelling with vinyl siding/brick exterior and shingle roof.

No. C-48-CV-2018-03857WILMINGTON SAVINGS FUND SOCIETY, FSB, AS

TRUSTEE ET AL.vs.

TIMOTHY J. FERRYProperty Address:917 High Street, Bethlehem, PA

18018UPI/Tax Parcel Number:P6NE1B/3/10/0204All that certain messuage or

tenement and lot or piece of ground situate on the west side of High Street in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Timothy J. Ferry by deed from Timothy J. Ferry, Executor of the Estate of Anne Ferry a/k/a Anne L. Ferry, deceased, said deed recorded 11/13/1997 in Deed Book 1997-1, page 126877.

Thereon being erected a three story row home dwelling with brick exterior and shingle roof.

No. C-48-CV-2018-03876DEUTSCHE BANK

NATIONAL TRUST COMPANY, AS TRUSTEE ET AL.

vs.GILBERTO GARCIA, JR.

Property Address:1201 East 3rd Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P6NE3C/6/37/0204All that certain messuage,

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


21

Being the same premises granted and conveyed unto Gilberto Garcia and Carmen Garcia, as tenants by the entirety, their heirs and assigns, by deed from Gilberto Garcia, said deed recorded 9/29/2006 in Deed Book 2006-1, page 403276. Carmen Garcia departed this life on 2/3/2015, thereby vesting title solely to Gilberto Garcia.

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

No. C-48-CV-2018-04514SELECT PORTFOLIO

SERVICING, INC.vs.

GERARD C. SCHENCK, THE UNITED STATES OF AMERICAProperty Address:22 Upper Way Road, Easton, PA

18045UPI/Tax Parcel Number:K8/15/2-135/0324All that certain piece, parcel or

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

Title to said premises vested in Gerard C. Schenck by deed from NVR, Inc., a Virginia Corporation trading as Ryan Homes, said deed recorded 12/6/2006 in Deed Book 2006-1, page 502134.

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


vs.GABRIELA VEGA,

JULIO CESAR VEGAProperty Address:405 Orchard Road, Easton, PA

18040

UPI/Tax Parcel Number:K9SE4/11/26A-13/0311All that certain parcel or tract of

land and premises situate, lying and being in Forks Township, Northamp-ton County, Pennsylvania.

Being the same property conveyed to Julio Cesar Vega, unmarried, and Gabriela Vega, unmarried, by deed from Cindy Vega, married, and Lorena Vega, single, said deed recorded 12/10/2007 in Deed Book 2007-1, page 439113.

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

No. C-48-CV-2018-04712CALIBER HOME LOANS, INC.

vs.TROY COLE

Property Address:532 South Main Street, Nazareth,

PA 18064UPI/Tax Parcel Number:K7NE2A/1/14/0421All that certain messuage or

tenement and lot or piece of land situate in Nazareth Borough, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Troy Cole, unmarried, by deed from Robert W. Zimmermann, incorrectly state on prior deed as Robert W. Zimmerman, and Stephanie Pysher, n/k/a Stephanie Zimmermann, h/w, said deed recorded 6/28/2017 in Deed Book 2017-1, page 134697.

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


LLC ET AL.vs.


22

ROBERT SCHLEGEL, KRISTIN E. SCHLEGEL

Property Address:390 South Delaware Drive,

Easton, PA 18042UPI/Tax Parcel Number:M10/3/9B/0836All that certain tract or piece of

land situate in Williams Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Kristin E. Schlegel and Robert Schlegel, w/h, by deed from Estate of Elwood Bryfogle a/k/a Dick Bryfogle by Thomas E. Bryfogle, Sr., Executor of the Estate of Elwood Bryfogle a/k/a Dick Bryfogle, said deed recorded 12/4/2009 in Deed Book 2009-1, page 303057.

Thereon being erected a ranch-style single dwelling with aluminum siding, shingle roof and a detached two-car garage.


vs.FORREST S. ROBERTS, JR.

Property Address:109 North Lehigh Avenue, Wind

Gap, PA 18091UPI/Tax Parcel Number:E8SW4B/9/2/0638All that certain lot, tract or piece

of land situated in Wind Gap Borough, Northampton County, Pennsylvania.

Being the same property conveyed to Forrest S. Roberts, Jr. by deed from Forrest S. Roberts, Jr. and Christina M. Roberts, said deed recorded 12/28/2007 in Deed Book 2007-1, page 459523.

Thereon being erected a colonial-style single dwelling with aluminum siding, slate roof and a detached two-car garage.

No. C-48-CV-2018-05317DITECH FINANCIAL LLC ET AL.

vs.

DUANE L. HYROWICHProperty Address:576 Horseshoe Drive, Easton, PA

18040UPI/Tax Parcel Number:H9/10/2N/0626All that certain part of lot or tract

of land situate in Plainfield Township, Northampton County, Pennsylvania.

Title to said premises is vested in Duane L. Hyrowich by deed from The Ballas Trust, dated October 26, 1994 and Francis Hmelovsky and Edward Hmelovsky, Successor Trustees, said deed recorded 8/30/1996 in Deed Book 1996-1, page 091201.

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

No. C-48-CV-2018-05442WELLS FARGO BANK, N.A.

vs.ANNA T. NEGOESCU

Property Address:429 East North Street, Bethlehem,

PA 18018UPI/Tax Parcel Number:P6NE2A/22/28/0204All that certain lot or piece of land

situate on the north side of North Street, between Maple and Elm Streets, in Bethlehem City, Northamp-ton County, Pennsylvania.

Being the same property conveyed to Anna T. Negoescu by deed from Jeffrey M. Young, said deed recorded 12/31/2002 in Deed Book 2002-1, page 370375.

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


vs.TANIA ALERCIA


23

Property Address:588 Bangor Road, Easton, PA

18040-6507UPI/Tax Parcel Number:H8/18/2/0626All that certain lot or piece of land

situate in Plainfield Township, Northampton County, Pennsylvania.

Title to said premises is vested in Tania Alercia, unmarried, by deed from Richard Kerzner and Danielle Schroeder, h/w, said deed recorded 9/29/2015 in Deed Book 2015-1, page 189290.

Thereon being erected a cape cod-style single dwelling with aluminum siding, shingle roof and a detached two-car garage.

No. C-48-CV-2018-05851BANK OF AMERICA, N.A.

vs.ELSIE I. YOST

Property Address:259 Blenheim Drive, Easton, PA

18045UPI/Tax Parcel Number:M8SE3/18/14/0324All that certain lot or piece of

ground situate on the north side of Blenheim Drive in Palmer Township, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Stephen J. Yost and Elsie I. Yost, his wife, by deed from Jack K. Witty and his wife, Janet L. Witty, said deed recorded 8/26/1968 in Deed Book 327, page 230. The said Stephen J. Yost departed this life on 9/29/2005 whereby title became solely vested in Elsie I. Yost by the right of survivor-ship.

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


vs.MAXINE M. FIGUEROA

Property Address:36 North 9th Street, Easton, PA

18042-3302UPI/Tax Parcel Number:L9SE1A/13/6/0310All that certain lot or piece of

ground situate in the 4th Ward of Easton City, Northampton County, Pennsylvania.

Title to said premises is vested in Maxine M. Figueroa, unmarried, by deed from Cristina M. Crisostomo, married, said deed recorded 4/13/2015 in Deed Book 2015-1, page 60335.

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

No. C-48-CV-2018-06733FEDERAL NATIONAL

MORTGAGE ASSOCIATIONvs.

JOEL ACOSTAProperty Address:107 Berks Street, Easton, PA

18045UPI/Tax Parcel Number:M8NE3/36/6/0324All those certain lots of parcels of

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

Being the same premises conveyed unto Joel Acosta by deed from Jonathan Klardie and Donna L. Klardie, his wife, by deed recorded 6/28/2002 in Deed Book 2002-1, page 168476.

Thereon being erected a 3 story half-double dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-06909JPMORGAN CHASE BANK, N.A.

vs.


24

CHRISTOPHER CRESPOProperty Address:352 Main Street, Tatamy, PA

18085UPI/Tax Parcel Number:J8SE2C/6/4/0430All that certain messuage or

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

Title to said premises is vested in Christopher Crespo by deed from Jason Siegfried, said deed recorded 12/17/2009 in Deed Book 2009-1, page 314099.

Thereon being erected a 3 story half-double dwelling with vinyl siding and shingle roof.

No. C-48-CV-2018-07000HSBC BANK USA,

NATIONAL ASSOCIATION, AS TRUSTEE ET AL.

vs.SCOTT A. NAYLOR

Property Address:726 Fiot Avenue, Bethlehem, PA

18015-2739UPI/Tax Parcel Number:P6SW3B/12/8A/0204All that certain messuage,

tenement and lot or tract of land situate in Easton City, Northampton County, Pennsylvania.

Title to said premises is vested in Scott A. Naylor by deed from Philip J. Geiter and Lee Anne Geiter, h/w, said deed recorded 12/7/1999 in Deed Book 1999-1, page 180848.

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

No. C-48-CV-2018-0706121ST MORTGAGE

CORPORATION ET AL.vs.

JOSEPH O. GARCIA, HELEN T. GARCIA

Property Address:803 Bridge Street, Bethlehem, PA

18018UPI/Tax Parcel Number:P6NE2B/4/2/0204All those certain lots of ground

situated in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Joseph O. Garcia and Helen T. Garcia by deed from Equitis Group, L.P., said deed recorded 4/15/2004 in Deed Book 2004-1, page 141507.

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

No. C-48-CV-2018-07173CITIMORTGAGE, INC.

vs.LEMUEL BARRETTE

FORTENBERRY, HOWARD KEITH HUBBARD

Property Address:515 Raub Street, Easton, PA

18042-1568UPI/Tax Parcel Number:K9SE3D/1/6/0310All that certain lot or piece of land

situate in Easton City, Northampton County, Pennsylvania.

Title to said premises is vested in Lemuel Barrette Fortenberry and Howard Keith Hubbard by deed from Maricela Morano and Christopher M. Morano, h/w, said deed recorded 7/8/2005 in Deed Book 2005-1, page 252321.

Thereon being erected a two-story half-double dwelling with aluminum siding/brick exterior and shingle roof.

No. C-48-CV-2018-07739PHH MORTGAGE

CORPORATION ET AL.vs.

KEITH M. EDINGER


25

Property Address:129 East Ettwein Street,

Bethlehem, PA 18018UPI/Tax Parcel Number:N6SE4C/20/5/0204All that certain messuage,

tenement and lot or piece of ground situate on the north side of Ettwein Street in Bethlehem City, Northamp-ton County, Pennsylvania.

Title to said premises is vested in Keith M. Edinger, unmarried, by deed from Kathleen S. Koch, unmarried, said deed recorded 7/11/2006 in Deed Book 2006-1, page 279000.

Thereon being erected a two-story row home dwelling with brick/stucco exterior and flat roof.

No. C-48-CV-2018-07740DITECH FINANCIAL LLC

ET AL.vs.

JEFFREY L. BURNLEY, DENISE F. BURNLEY

Property Address:386 Manor Drive, Nazareth, PA

18064UPI/Tax Parcel Number:L7/5/16-3/0418All that certain lot or parcel of land

situate on the easterly side of Manor Drive in Lower Nazareth Township, Northampton County, Pennsylvania.

Title to said premises is vested in Jeffrey L. Burnley, married, and Denise F. Burnley, his wife, by deed from Rick M. Abel, said deed recorded 2/4/2003 in Deed Book 2003-1, page 042031.

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

No. C-48-CV-2018-08404DITECH FINANCIAL LLC ET AL.

vs.RONALD W. HOUGHTON

Property Address:103 Clover Hollow Road, Easton,

PA 18045UPI/Tax Parcel Number:K8/15/2-63/0324All that certain piece, parcel or

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

Title to said premises is vested in Ronald W. Houghton by deed from Kenneth J. Krum and Pauline J. Krum, h/w, said deed recorded 11/20/2007 in Deed Book 2007-1, page 418749.


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

Jan. 17, 24, 31


26

GENERAL LIABILITY AND WORKERS’ COMPENSATION ATTORNEY

Thomas, Thomas & Hafer LLP, a litigation defense firm, is seeking a hard-working and ambitious general liability and workers’ compensation attorney for its Lehigh Valley, PA office, with 1-4 years of relevant experience. Candidate must be dedicated, responsible and detail oriented. Barred and practicing in both PA and NJ. Candidates should also have strong interpersonal, organizational and litigation skills. Competitive salary and benefits and great opportu-nity for income growth. A tremendous opportunity to join a strong firm, grow a client base and engage in challenging work. Send resume and cover letter to: [email protected].

Jan. 24, 31

MON TUE WED THU FRI

Juvenile Criminal

Criminal Civil CallCriminal

Juvenile1Misc. Hrngs.

4Juvenile Non-Jury

5Non-Jury

6Non-Jury

7Juvenile

Arraignments

8Misc. Hrngs.

11Juvenile

ARD/Summaries

12Status

13Civil Pretrials

DRS

14Juvenile

DRS

15Misc. Hrngs. O.C. Audit

18Presidents’

Day NO COURT

19Juvenile

Argument

20Misc. Hrngs.

21Judges’

Conference NO COURT

22Judges’

Conference NO COURT

25Juvenile Criminal

26Criminal

27Asbestos Pretrials Civil Call Criminal

28Juvenile

Arraignments

FEBRUARY 2019


27


28

Wisniewski et al. v. Morgan Hill Golf Club et al.240 Vol. 60

Wisniewski et al. v. Morgan Hill Golf Club et al.

JERZY WISNIEWSKI and HALINA WISNIEWSKA, Plaintiffs v. MORGAN HILL GOLF CLUB, LLC t/a THE CLUB

AT MORGAN HILL and MORGAN HILL LIMITED PARTNERSHIP, Defendants

Defendant petitioned to open default judgment. The trial court deemed that the petition was promptly filed seven days after Defendant received notice of entry of default. Defendant offered a meritorious defense therein by proposing several affirmative defenses, which if proven at trial would justify relief. Defendant attributed its delay in responding to the complaint to a reasonable belief that Defendant’s insurer was defending the claim. Thus, Defendant’s failure to respond was excusable. The trial court granted Defendant’s petition to open the default judgment.

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division—No. C-48-CV-2015-2788.

Order of the Court entered on February 2, 2017 by Koury, Jr., J.

OPINION

This matter is before the Court on Defendant Morgan Hill Limited Partnership’s (“Morgan Hill”) “Petition to Open Default Judgment.” It was assigned to the Honorable Michael J. Koury, Jr. from the November 8, 2016 Argument List. The parties submitted briefs and appeared for oral argument on December 14, 2016. For the reasons that follow, Morgan Hill’s petition is granted.

FACTUAL AND PROCEDURAL BACKGROUND

On April 1, 2015, Plaintiffs Jerzy Wisniewski and Halina Wisniew ska filed a Complaint seeking injunctive relief and alleging negligence, negligent design, private nuisance and trespass based on allegations that golf balls from the Defendant’s golf course were entering their property. See generally, Complaint, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill, No. C-48-CV-2015-02788 (C.P. Northampton Co. Apr. 1, 2015). The Complaint named Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill as the sole Defendant.1 See id. Unbeknownst to Plaintiffs, Petitioner, Morgan Hill Limited Partnership, had purchased the golf course located at 100 Clubhouse Drive, Easton, Pennsylvania 18044 (“golf course address”) three weeks prior to the filing of Plaintiffs’ Complaint. See Morgan Hill Limited Partnership’s Petition to Open Default Judgment (“Petition to Open”) ¶3, Jerzy Wisniewski et al. v. Morgan Hill

———1 Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill filed Preliminary Objections

to the Complaint on June 10, 2015. See generally, Preliminary Objections of Defendant Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill, No. C-48-CV-2015-02788 (C.P. Northampton Co. Jun. 10, 2015). Because Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill filed a response, it is not involved with the present petition to open default judgment.

29

241Wisniewski et al. v. Morgan Hill Golf Club et al.

Golf Club, LLC t/a The Club at Morgan Hill, No. C-48-CV-2015-02788 (C.P. Northampton Co. Jul. 5, 2016). Plaintiffs were granted leave to amend their Complaint to name Morgan Hill Limited Partnership as a Defendant on March 10, 2016. See Order of Court dated March 10, 2016, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill, No. C-48-CV-2015-02788 (C.P. Northampton Co. Mar. 10, 2016). Plaintiffs filed their Amended Complaint on March 24, 2016. See Amended Complaint, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill et al., No. C-48-CV-2015-02788 (C.P. Northampton Co. Mar. 24, 2016). The Amended Complaint, endorsed with a Notice to Defend, was personally served upon Roseann Lapio, part owner of Morgan Hill, on or about April 6, 2016 at the golf course address.2 See Petition to Open ¶8. Ms. Lapio forwarded the Amended Complaint to her insurance agent at Nationwide Insurance Company four days later. See id. Based on conversations with her insurance agent, Ms. Lapio learned that Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill was represented by counsel provided by its insurer and believed insurance counsel would be assigned to represent Morgan Hill Limited Partnership as well. See id. ¶¶9, 22.

Notice of a Status Conference was mailed to Morgan Hill, at the golf course address, on May 9, 2016. See id. ¶10, Exhibit C. Ms. Lapio again forwarded this correspondence to her insurer. Pursuant to Pennsylvania Rule of Civil Procedure 237.1(a)(2)(ii), on May 17, 2016, Plaintiffs provided Morgan Hill with ten days’ notice of their intent to file a praecipe for entry of a default judgment. See id. ¶11, Exhibit D. This notice was also mailed to the golf course address. See id. A default judgment was entered against Morgan Hill on June 7, 2016. See Order of Court dated June 7, 2016, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill et al., No. C-48-CV-2015-02788 (C.P. Northampton Co. Jun. 7, 2016). The United States Postal Service’s tracking indicates that Morgan Hill received the Praecipe for Entry of Judgment Upon Default on June 10, 2016 at the golf course address. See Plaintiffs’ Answer to Morgan Hill Limited Partnership’s Petition to Open Default Judgment (“Plaintiffs’ Answer”) ¶11, Jerzy Wisniewski et al. v. Morgan Hill Golf Club, LLC t/a The Club at Morgan Hill et al., No. C-48-CV-2015-02788 (C.P. Northampton Co. Jul. 22, 2016). Morgan Hill, however, contends that it did not receive such notice until June 28, 2016. See Petition to Open ¶11. On June 28, 2016, Morgan Hill also received notice from its insurer denying coverage in this case. See id. ¶12.———

2 The registered address for Morgan Hill Limited Partnership is 104 Old Mill Road, Sellersville, PA 18960. Ms. Lapio was present at the golf course address on April 6, 2016, when she was personally served with Plaintiffs’ Amended Complaint. See Petition to Open, Exhibit F ¶4.

30


On July 5, 2016, Morgan Hill filed a “Petition to Open Default Judgment.” See generally, Petition to Open. In accordance with Pennsylvania Rule of Civil Procedure 237.3(a), Morgan Hill attached a Proposed Answer to their Petition to Open Default Judgment. See id. Exhibit F. Morgan Hill’s Proposed Answer specifically denies Plaintiffs’ factual averments of negligence, trespass and nuisance. See id. ¶¶12, 21, 24, 25, 27-28, 31-32, 39, 41, 44-49, 55-59, 63-69, 74, 78-82, 85, 89 and 91-93. Moreover, under New Matter, Morgan Hill alleges several affirmative defenses, including that due to increased foliage and tree maturity, golf balls could not have invaded Plaintiffs’ property since Morgan Hill acquired the golf course. See id. ¶¶94-109.

DISCUSSION

“It is well settled that a petition to open a judgment is an appeal to the equitable powers of the court.” Rounsley v. D.C. Ventre & Sons, Inc., 361 Pa. Super. 253, 256, 522 A.2d 569, 571 (1987). Under the common-law doctrine, a trial court may exercise its discretion to open a judgment if “(1) the petition has been promptly filed; (2) a meritorious defense can be shown; and (3) the failure to appear can be excused.” Schultz v. Erie Insurance Exchange, 505 Pa. 90, 93, 477 A.2d 471, 472 (1984). A trial court, however, “cannot open a default judgment based on the ‘equities’ of the case when the defendant has failed to establish all three of the required criteria.” Myers v. Wells Fargo Bank, N.A., 986 A.2d 171, 176 (Pa. Super. 2009) (citation omitted).

Pennsylvania Rule of Civil Procedure 237.3(b) provides that “[i]f the petition is filed within ten days after the entry of the judgment ... on the docket, the court shall open the judgment if the proposed complaint [or answer] states a meritorious cause of action [or defense].” Pa. R.C.P. 237.3. As such, “Rule 237.3(b) presupposes that a petition filed within ten days of the default judgment is promptly filed and sets forth a reasonable expla-nation or legitimate excuse for the inactivity or delay resulting in the entry of the judgment.” Boatin v. Miller, 955 A.2d 424, 427 (Pa. Super. 2008). In such cases, the trial court must open the judgment if the petitioner sets forth a meritorious defense. See id.

Here, a default judgment was entered against Morgan Hill on June 7, 2016. See Order of Court dated June 7, 2016. Morgan Hill did not file its Petition to Open until July 5, 2016, 28 days after the entry of default judgment. See Petition to Open. Therefore, Morgan Hill’s petition does not qualify under Rule 237.3(b) and we cannot presuppose that the petition was promptly filed or that Morgan Hill’s inactivity is excusable. See Pa. R.C.P. 237.3(b). Rather, we must consider each element of the three-part test in-dividually.

With respect to the first prong, whether the petition has been prompt-ly filed,

31


[t]he timeliness of a petition to open judgment is measured from the date that notice of the entry of the default judgment is received. ... The law does not establish a specific time period within which a petition to open a judgment must be filed to qualify as timely. Instead, the court must consider the length of time between discovery of the entry of the default judgment and the reason for delay. ...

Castings Condominium Association, Inc. v. Klein, 444 Pa. Super. 68, 73, 663 A.2d 220, 223 (1995) (citations omitted). Generally, however, the time period between receipt of the notice of the entry of default judgment and the petition to open must not exceed one month. See Flynn v. Casa Di Bertacchi Corp., 449 Pa. Super. 606, 674 A.2d 1099 (1996) (filing of peti-tion seventeen days after receipt of notice was timely); Duckson v. Wee Wheelers, Inc., 423 Pa. Super. 251, 620 A.2d 1206 (1993) (filing of petition one day after receipt of notice was timely); Alba v. Urology Associates of Kingston, 409 Pa. Super. 406, 598 A.2d 57 (1991) (filing of petition fourteen days after receipt of notice was timely); Fink v. General Accident Insurance Company, 406 Pa. Super. 294, 594 A.2d 345 (1991) (filing of petition five days after receipt of notice was timely); McCoy v. Public Acceptance Cor-poration, 451 Pa. 495, 305 A.2d 698 (1973) (filing of petition seventeen days after receipt of notice was untimely); Pappas v. Stefan, 451 Pa. 354, 304 A.2d 143 (1973) (filing of petition fifty-five days after receipt of notice was untimely); Quatrochi v. Gaiters, 251 Pa. Super. 115, 380 A.2d 404 (1977) (filing of petition sixty-three days after receipt of notice was un-timely); Schutte v. Valley Bargain Center, Inc., 248 Pa. Super. 532, 375 A.2d 368 (1977) (filing of petition forty-seven days after receipt of notice was untimely).

Although a default judgment was entered on June 7, 2016, Morgan Hill contends that it did not receive notice of the entry of default until June 28, 2016.3 See Order of Court dated June 7, 2016; Petition to Open ¶11. Morgan Hill filed its Petition to Open on July 5, 2016, seven days after it received notice of the entry of default.4 See Petition to Open. Morgan Hill’s Petition to Open was promptly filed.

———3 Plaintiffs assert that Notice of the Praecipe for Entry of Judgment Upon Default was

received by Morgan Hill on June 10, 2016. See Plaintiffs’ Answer ¶11. Plaintiffs provided a Certified Mail Receipt signed on June 10, 2016 by an individual at the “Front Desk/Reception,” in support of their contention. The signature on the Certified Mail Receipt is illegible. Moreover, notice of the entry of default was sent to the golf course address, rather than Morgan Hill’s registered corporate office at 104 Old Mill Road, Sellersville, Pennsylvania 18960. See id. We believe these considerations explain the delay in receipt of notice by Morgan Hill.

4 On June 28, 2016, Morgan Hill also received notice from its insurance carrier that the insurer was denying coverage in this suit. Thereafter, Morgan Hill retained its own counsel. See Petition to Open ¶¶12-14. Counsel filed Morgan Hill’s Petition to Open within seven days of being retained. See generally, id.

32


The second prong of the three-part test requires Morgan Hill to offer a meritorious defense to Plaintiffs’ Complaint. “The requirement of a meritorious defense is only that a defense must be pleaded that if proved at trial would justify relief.” Provident Credit Corporation v. Young, 300 Pa. Super. 117, 128, 446 A.2d 257, 263 (1982).

Morgan Hill’s proposed answer responded to all five of Plaintiffs’ causes of action. See Petition to Open, Exhibit F ¶¶1-93. The response also included New Matter, asserting several affirmative defenses, and a Cross-claim, alleging the former owner of the golf course was jointly and sever-ally liable or liable over Morgan Hill. See id. ¶¶94-110. If any of these defenses were proven at trial, they would justify relief. See Provident Credit Corp., supra. Thus, Morgan Hill has asserted a meritorious defense.

Finally, Morgan Hill must establish that its failure to respond is ex-cusable. “Whether an excuse is legitimate is not easily answered and depends upon the specific circumstances of the case.” Duckson, supra at 257, 620 A.2d at 1210. The Superior Court has previously held that “where [the] failure to answer was due to an oversight, an unintentional omission to act, or a mistake of the rights and duties of the appellant, the default judgment may be opened.” Brown v. Great Atlantic & Pacific Tea Company, 314 Pa. Super. 78, 82, 460 A.2d 773, 775 (1983) (citations omitted).

Morgan Hill attributes its delay in responding to Plaintiffs’ Complaint to its insurer. See Petition to Open ¶22.

Generally speaking, a default attributable to a defendant’s justifiable belief that his legal interests are being protected by his insurance company is excusable. ... However, if the insured fails to inquire of the insurer as to the status of the case after events have occurred which should have reasonably alerted the insured to a possible problem, the insured is precluded from asserting a justifiable belief that its interests were being pro-tected. ...

Autologic Incorporated v. Cristinzio Movers, 333 Pa. Super. 173, 176-77, 481 A.2d 1362, 1363 (1984) (citations omitted) (emphasis in original). Additionally, when considering a party’s reliance on its insurance carrier, courts distinguish between laypersons and sophisticated business entities. Compare id. (upholding default judgment following corporate defendant’s failure to inquire of insurer) and DiNardo v. Central Penn Air Services, Inc., 358 Pa. Super. 75, 516 A.2d 1187 (1986) (upholding default judgment where defendant failed to seek reassurances from insurer), with Duckson, supra (granting petition to open where defendant’s insurer contributed to delays and confusion) and Reid v. Boohar, 856 A.2d 156, 162-63 (Pa. Super. 2004) (granting petition to open where defendant justifiably relied on in-surer).

In Autologic, the defendant, a moving company, was engaged by plaintiff to transport equipment. Id. at 175, 481 A.2d at 1363. During the

33


transport, plaintiff alleged that defendant damaged the equipment. See id. Defendant was a sophisticated business entity with an employee desig-nated to handle and monitor damage claims. See id. The designated employee reported plaintiff ’s claim to its insurer, and the insurer denied the claim. See id. Thereafter, plaintiff filed a civil action against defendant. See id. Defendant’s designated employee did not forward the complaint, or the subsequently filed praecipe for entry of default judgment, to the insurance carrier, believing that the insurer was already aware of the litigation. See id. at 176, 481 A.2d at 1363. The court denied defendant’s petition to open the default judgment, finding that the defendant could not assert a reasonable excuse for its delay. See id. at 177, 481 A.2d at 1363-64. The court reasoned the defendant could not rely on its insurer to protect its legal interests when the defendant had failed to make inquires following receipt of plaintiff ’s complaint and, particularly, after receipt of the praecipe for entry of default judgment. See id.

In contrast, in Duckson, the court held that delays caused by the defendant’s insurer created a justifiable excuse. Id. at 262-63, 620 A.2d at 1212. The defendant in Duckson was involved in a motor vehicle accident where the plaintiff sustained personal injuries. See id. at 254, 620 A.2d at 1208. The plaintiff filed suit and defendant sent the complaint to his insur-ance agent. See id. Unlike the defendant in Autologic, the defendant in Duckson was not a sophisticated business enterprise; the defendant relied on his insurer to protect his legal interests. See id. at 259, 620 A.2d at 1211. The insurer forwarded the defendant’s case file to two different attorneys, creating confusion and ultimately delaying a response to plaintiff’s complaint. See id. at 254, 620 A.2d at 1208. After entry of default, defendant petitioned to open the judgment. See id. at 255, 620 A.2d at 1208. The Superior Court held defendant was entitled to relief because the defendant justifiably relied on his insurer, and, as a layperson, the defendant “should not be held strictly responsible for failing to seek reassurance from his carrier.” Id. at 259, 620 A.2d at 1211.

A sheriff personally served Roseann Lapio, part owner of Morgan Hill with Plaintiffs’ Amended Complaint on April 6, 2016. See Petition to Open ¶8. Ms. Lapio notified her insurance agent, Carol Kress, of the lawsuit on April 10, 2016. Ms. Lapio maintained a dialogue with her agent throughout May and June 2016. Through conversations with Ms. Kress, Ms. Lapio learned that the former golf course owner’s insurance company was defending that entity in this suit. Ms. Lapio was led to believe that her insurance company was being put “on notice” regarding the claim. See id. ¶¶9, 22.

The circumstances presented in this case are distinguishable from those in Autologic. See Autologic, supra at 177, 481 A.2d at 1363-64. While Morgan Hill is a business entity, it is not a sophisticated corporation with a legal department or employee designated to handle claims. Moreover,

34


Morgan Hill did not simply ignore additional legal correspondence. Rather, Ms. Lapio continued to forward legal documents sent by Plaintiffs to her insurance agent, with the reasonable expectation that Morgan Hill’s insurer had retained counsel for, or was otherwise defending, the partner-ship.

Morgan Hill, as a defendant, is more akin to the defendant in Duck-son, whose insurance company unnecessarily delayed defendant’s response to plaintiff’s complaint. See Duckson, supra. Morgan Hill’s insurance company did not deny coverage on this claim until June 28, 2016, well after the default judgment had been entered against Morgan Hill. As a result of the insurer’s delay, Morgan Hill did not pursue independent counsel prior to the default judgment and, thus, did not have the opportunity to defend itself against Plaintiffs’ Amended Complaint. Therefore, we conclude that Morgan Hill has established a legitimate excuse for its failure to respond to Plaintiffs’ Amended Complaint.

Because Morgan Hill has satisfied the tripartite test required to open a default judgment, Defendant is entitled to relief.

WHEREFORE, we enter the following:

ORDER

AND NOW, this 2nd day of February, 2017, upon consideration of Defendant Morgan Hill Limited Partnership’s “Petition to Open Default Judgment,” the response thereto of Plaintiffs Jerzy Wisniewski and Halina Wisniewska, and the briefs and argument thereon, it is hereby ORDERED and DECREED that Defendant’s Petition is GRANTED. Morgan Hill Limited Partnership shall file an Answer to Plaintiffs’ Amended Complaint within twenty days of the filing date of this Order.

35

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, February 4, 2019

contents - amazon aws

Documents