76
Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32

Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32

Page 2: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

2

THE COURTThe Hon. Edward D. Reibman, President Judge

The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge

The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge

The Hon. Michele A. Varricchio, Judge The Hon. Douglas G. Reichley, Judge The Hon. Melissa T. Pavlack, Judge

The Hon. Carol K. McGinley, Senior Judge

LEHIGH LAW JOURNAL (USPS 309560)

Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY

1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org

JAMES J. KOZUCH, President ROBERT P. DADAY, President-Elect

BUDDY LESAVOY, Vice President MICHAEL S. DAIGLE, Secretary

NANCY CONRAD, Treasurer SUSAN G. MAURER, Historian

THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director

MATTHEW KLOIBER, Case Editor Copyright © 2019 Bar Association of Lehigh County

The Lehigh Law Journal is published every Friday. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Journal nor the printer will assume any respon-sibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content.

The Law Journal makes no representation as to the quality of services offered by any advertiser in this publication.

Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102, before 4 p.m. the preceding Monday. Telephone (610) 433-6204. Advance issues $100.00 per year. Single copies $2.00. Payment of annual dues to the Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law Journal.

Printed at 206 S. Keystone Ave., Sayre PA 18840Periodical postage paid at Allentown, PA 18102 and

at additional mailing offices.

POSTMASTER: Send address changes to The Lehigh Law Journal, 1114 W. Walnut St., Allentown, PA 18102.

Page 3: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

3

Page 4: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

4

ATTORNEY DISCIPLINARY / ETHICS MATTERSRepresentation, consultation and expert testimony in disciplinary

matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct

James C. Schwartzman, Esq.Judge, Court of Judicial Discipline • Former Chairman, Judicial Conduct

Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the

Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Named by his

peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”

1818 Market Street, 29th Floor, Philadelphia, PA 19103(215) 751-2863

Page 5: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

5

Page 6: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

6

Page 7: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

7

Page 8: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

8

Page 9: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

9

Page 10: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

10

ASSOCIATE ATTORNEY

Fowler Hirtzel McNulty & Spaulding, a fast growing civil litigation firm is currently seeking an associate attorney for our Allentown office. Candidates should have 0-2 years’ ex-perience in general insurance defense. The position requires excellent writing and communication skills as well as a strong academic background. Pennsylvania Bar admission is re-quired. Information on our firm may be found at fhmslaw.com.

Please send a resume, cover letter and a writing sample to:

Joseph V. Lynam, Jr., Chief Operating Officer at: [email protected].

1-25; 2-1, 8, 15

——————

LEGALSECRETARY/REAL ESTATE PARALEGAL

Business Law Firm in center city Allentown, PA has an opening for a part-time or full-time legal secretary/real estate paralegal to partner. Candidate must be extremely organized and detail-oriented. Prior experience handling real estate closings and preparation of closing documents and settlement statements required. Salary commensurate with experience. Fax resume with salary requirement to (610) 821-8635 or e-mail to [email protected].

2-8

Page 11: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

11

OFFICE SPACE NEEDED

Office space needed for satellite office for busy Berks County Family Law practice. Would need a small private office with access to waiting area and a suite number for re-ceipt of mail. Would be willing to share common area costs. Please contact Vicki at (610) 478-7725 or: [email protected].

2-8

——————

LITIGATION ASSOCIATE POSITION

Fitzpatrick Lentz & Bubba, P.C. has an immediate open-ing for a Litigation Associate with 3-5 years of experience. The position involves civil litigation in State and Federal Courts. Exposure to employment litigation a plus. PA and NJ bar admission is preferred. Outstanding academic credentials are required. We offer competitive compensation and ben-efits, a collegial work environment and the opportunity for professional growth, qualities that have led us to be named as a “Top Workplace” for five consecutive years.

Please send resume and cover letter with references to: [email protected].

All correspondence will be held in the utmost confidence.

2-8

Page 12: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

12

DAVISON & McCARTHY, P.C. is an expanding law firm providing legal services in all areas of business law and litiga-tion including real estate, land use and development, corpo-rate law, non-profit law, health law and commercial transac-tions. We are seeking experienced attorneys with excellent business, real estate and/or commercial transaction skills and a desire to join an outstanding team of hard-working profes-sionals. We offer very competitive compensation and benefits, unique opportunities for professional growth and a collegial and professional work environment. Please send your resume to Dennis M. McCarthy, Esq. at Davison & McCarthy, P.C., 645 Hamilton Street, Suite 510, Allentown, PA 18101 or e-mail to [email protected]. Inquiries will be held in the strictest confidence.

2-8

Page 13: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

13

EARLY DEADLINE NOTICE FOR THE LEHIGH LAW JOURNAL

Advertisements for the February 22nd issue of the Le-high Law Journal must be received NO LATER THAN 2:00 P.M. ON Thursday, February 14.

Notices may be faxed to the Lehigh Law Journal at (610) 770-9826 or e-mailed to: [email protected].

1-18, 25; 2-1, 8

The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty

Page 14: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.272

Lehigh 7-17 op

ZONGORA COMFORT SOLUTIONS LLC, PLAINTIFF vs. ROBERT YOUNG, JOAN YOUNG, DEFENDANTS

Breach of Contract—Unjust Enrichment— Substantial Performance—Documentary Evidence—

Admissibility—Doctrine of Necessaries—Pleading Alternative Causes of Action—Arbitration Appeal.

The house that belonged to husband and wife Defendants lacked heat in winter. Defendant wife contracted with Plaintiff oil provider for the purchase and installation of an oil-fired hot water burner that would be used to heat the house. Plaintiff began instal-lation of the burner. Installation was hampered by leaked and cracked pipes throughout the house that prevented the heated water from warming the house. Plaintiff began install-ing replacement pipes. Excess personal property throughout the house prevented Plaintiff from accessing some deficient pipes. Plaintiff repeatedly tried to arrange to complete the work, but Defendants did not respond. Defendant wife signed a written contract agreeing to make specific monthly payments to pay the full cost of the burner, the pipes and their installation. Defendants made no payments. Plaintiff filed suit arguing that Defendants breached their purchase and installation contract with Plaintiff. Alternatively, Plaintiff argued that Defendants were unjustly enriched by Plaintiff ’s services. An arbitration panel awarded Plaintiff full damages. Defendants appealed and the Court conducted a non-jury trial.

At trial, Defendant husband had sought to preclude the contract from being admit-ted into evidence against him because he had not signed it. The Court rejected this argu-ment. The Court acknowledged that Defendant wife was now deceased but concluded that the Doctrine of Necessaries would permit Plaintiff to fully recover from Defendant husband for the heating services the Defendant wife had contracted with Plaintiff for. The Court found that Plaintiff had substantially performed its responsibilities under the contract and that Defendants’ own actions in hindering Plaintiff ’s efforts excused Plaintiff from fully performing. The Court concluded the Defendant had breached the contract and awarded Plaintiff the full contracted-for amount. The Court noted its award of contract damages prevented it from also awarding damages under the equitable claim of unjust enrichment.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Civil Division. No. 2017-C-1818. Zongora Comfort Solu-tions LLC, Plaintiff vs. Robert Young, Joan Young, Defendants.

John o. Stover, eSquire, on behalf of the Plaintiff.

John W. SWeet, eSquire, on behalf of the Defendants.

MEMORANDUM OPINION

reichley, J., October 9, 2018. Zongora Comfort Solutions, Plaintiff, alleges Robert Young and Joan Young,1 Defendants, breached a contract stemming from Plaintiff ’s installation of an

1Defendant Joan Young passed away during the pendency of this action. Plaintiff has not sought to modify the caption in order to pursue any claims against Mrs. Young’s estate. (Notice of Death, Nov. 15, 2017.)

Zongora Comfort vs. Young et ux.

14

Page 15: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux. 273

Lehigh 7-17 op

oil-fired hot water boiler (“oil burner”) in Defendants’ home. For the reasons set forth herein, the Court enters judgment in favor of Plaintiff in the amount of $7,725.98.

FINDINGS OF FACT

1. On December 6, 2016, Defendant Joan Young contacted Plaintiff regarding a lack of heat in Defendants’ residence, located at 3205 Orefield Road, Allentown, Lehigh County, Pennsylvania.

2. One of Plaintiff ’s employees went to the Defendants’ residence and conducted an inspection of their oil burner.

3. Rick Zongora, the owner of Zongora Comfort Solutions, testified that Defendants’ oil burner was degraded to a point that it was unable to be repaired.

4. Based on Plaintiff ’s inspection, Mr. Zongora advised Mrs. Young that Defendants’ home would need a new oil burner.

5. Mrs. Young entered into a contract with Plaintiff for the installation of a Crown oil-fired hot water boiler for an estimated cost of $7,060.98. (Exhibit P-1A.)

6. Defendant Robert Young was not living in Defendants’ home at the time the oil burner stopped working.

7. The oil burner Plaintiff provided was a new unit that was manufactured in the late 1990s.

8. Plaintiff ’s employees began installation of the new oil burner on December 6, 2016.

9. After Plaintiff partially installed the new oil burner, De-fendants’ home could not be successfully heated throughout the residence because leaking and cracked pipes prevented a constant level of pressure from being maintained in the heating system.

10. The new oil burner was turned on in order to heat the basement to prevent pipes from cracking due to freezing tem-peratures.

11. On December 7, 2016, Plaintiff sent an employee, Nicholas Pinno, back to Defendants’ residence to repair the dam-aged pipes throughout the home.

15

Page 16: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.274

Lehigh 7-17 op

12. Mr. Pinno was at Defendants’ residence for 8 hours on December 7, 2016. (Exhibit P-7.)

13. Mr. Pinno was able to repair certain pipes in the home, but was unable to access other piping underneath floorboards because of the excessive amount of personal belongings stacked in piles throughout the house.

14. Mr. Zongora testified that after December 7, 2016, he attempted to communicate with Defendants’ son, David Young, to gain access to the remaining damaged pipes, but Mr. Young did not return Plaintiff ’s calls.

15. David Young testified that he had a conversation with Mr. Zongora regarding moving objects out of the way to allow Plaintiff ’s employees to gain access to the damaged pipes, but Young indicated he was told he had to wait to hear back from Plaintiff once additional pipes came in that had been ordered to complete the job.

16. David Young acknowledged he did not follow up with Plaintiff.

17. Defendants introduced four photographs taken by Da-vid Young into evidence. (Exhibits D-2, D-3, D-5 and D-7.)

18. These photographs depict wiring that is laying about near the oil burner Plaintiff installed, as well as water dripping from a pipe leading into the unit. (Id.)

19. Mr. Zongora did not question the veracity of the photo-graphs, but he testified that they represented a work in progress.

20. Mr. Zongora acknowledged that the installation of the new oil burner was not completed, and the photographs showed additional work that would have been cleaned up had his em-ployees been able to return to Defendants’ home to complete the job.

21. The final balance Plaintiff asserts is owed is $7,725.98, representing the original estimate of $7,060.90 plus $665.08 for the work performed to replace some of the broken pipes in De-fendants’ home.

16

Page 17: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux. 275

Lehigh 7-17 op

22. Mr. Zongora testified that on January 31, 2017, he spoke with Mrs. Young and the parties agreed that Defendants would pay $250.00 per month until the full balance of $7,725.98 was paid.

23. Mr. Zongora memorialized this agreement in writing. (Exhibit P-1B.)

24. Mr. Zongora, testified that Defendants have not made any payments toward the $7,725.98 since the parties entered into the agreement.

25. David Young testified that after the oil burner was installed by Plaintiff, he and his mother Mrs. Young experienced problems with smoke coming from the chimney and poor fuel economy.

26. Mr. Young testified that the unit had used a full tank of oil in three weeks, though he was unable to say whether the weather at that time had been particularly cold.

27. Mr. Young personally replaced or repaired three addi-tional pipes in Defendants’ home after Plaintiff performed the work.

28. Mr. Young subsequently contracted with Apgar Oil En-ergy & HVAC to replace the oil burner that Plaintiff installed with a new one in approximately March of 2018, under the Low-Income Home Energy Assistance Program (LIHEAP).

29. Mr. Young indicated that the oil burner Plaintiff installed is currently disconnected and remains in Defendants’ basement.

30. Mr. Zongora testified that the oil burner Plaintiff installed is worth approximately $5,000.00, and the labor costs to remove it would be approximately $600.00.

PROCEDURAL HISTORY

Plaintiff filed a Complaint on June 27, 2017 alleging one count of breach of contract and one count of unjust enrichment. Defen-dants filed an Answer with New Matter on July 26, 2017, and Plaintiff filed a response on August 22, 2017. The matter pro-ceeded to an arbitration hearing on November 15, 2017. At the close of the arbitration hearing, the panel entered an award in favor of Plaintiff in the amount of $7,725.98.

17

Page 18: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.276

Lehigh 7-17 op

Defendants filed an appeal on December 13, 2017, and the matter was listed for a non-jury trial before the undersigned by Order entered on May 14, 2018. On September 20, 2018, the Court conducted a non-jury trial. At the close of the trial, the Court granted the parties time to file legal memoranda summarizing their respective arguments. Defendants filed their brief on September 26, 2018, and Plaintiff filed its response on October 4, 2018.

This Opinion follows.

DISCUSSION

Plaintiff has asserted two causes of action against Defendants. First, Plaintiff alleges Defendants breached their contract with Plaintiff. In order to prove breach of contract, a party must estab-lish “(1) the existence of a contract, including its essential terms, (2) a breach of the contract, and, (3) resultant damages.” McCabe v. Marywood University, 166 A.3d 1257, 1262 (Pa. Super. 2017) (quoting 412 N. Front St. Associates, LP v. Spector Gadon & Rosen, P.C., 151 A.3d 646, 657 (Pa. Super. 2016)). It is well-established that where “there has been a substantial, although not a complete performance [under the terms of a contract], a plaintiff may be permitted to recover [damages], [with] due allowance being made to the other party for the cost or value of the work not done.” Daly v. Copeland, 67 Pa. Superior Ct. 91, 94 (1917).

As a threshold matter, Defendants assert that Defendant Robert Young was not a party to the contract. Consequently, De-fendants challenge the admissibility of Exhibit P-1A to the extent it is “offered directly against the noncontracting spouse, who is not jointly and severally liable, and it is inadmissible if offered to reach entireties property, which the [Doctrine of Necessaries] does not permit.” (Brief in Support of Defendant’s Objection to Introduc-tion of Evidence, at 3.) It is uncontested that Robert Young was not living in Defendants’ home at the time Plaintiff installed the new oil burner. The parties agree that all of the interactions form-ing the basis of the contract occurred between Plaintiff and Mrs. Young, who is now deceased.

Pennsylvania codified the Doctrine of Necessaries as follows:

In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the fam-

18

Page 19: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux. 277

Lehigh 7-17 op

ily, it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price of such neces-saries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the separate property of the other spouse.

23 Pa. C.S. §4102.

Defendants argue that this law “mandates that the contract-ing spouse and the noncontracting spouse be treated differently with respect to a contract for necessaries.” (Brief in Support of Defendant’s Objection to Introduction of Evidence, at 2.)

The Doctrine of Necessaries does not preclude liability on the part of a noncontracting spouse. It establishes an order of priority for execution after obtaining a judgment. Accordingly, it does not support Defendants’ objection to the admissibility of the contract between Plaintiff and Joan Young.

Furthermore, as Plaintiff points out in its legal memorandum, Defendants never disclaimed liability on the part of Mr. Young to be accountable for payment under the contract submitted as Ex-hibit P-1A (see Defendants’ Answer and New Matter, filed on July 26, 2017). In fact, Defendants raised a host of other objections to the validity of the agreement but did not allege the contract was not binding upon Mr. Young because only his wife signed the document for heating repairs of the marital residence. Accord-ingly, Defendants’ objection to P-1A is overruled and the Court will consider the contract as properly admitted into evidence.

With respect to the elements of Plaintiff ’s claim for Breach of Contract, the Court first finds that Plaintiff has demonstrated the existence of a contract, including its essential terms. The writ-ten estimate admitted into evidence as Exhibit P-1A states:

We will remove your existing oil-fired, hot water boiler. We will discard same and clean the area of all work-related debris. Next[,] we will supply and install a new Crown oil fired hot water boiler. The new boiler will be a model # CBTPB-5[.] We will pipe the new boiler as one zone with piping for a

19

Page 20: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.278

Lehigh 7-17 op

future hot water holding tank. We will install the new boiler to meet or exceed all state and city codes. We will also supply and install the following[:] an automatic water feeder with a backflow preventer, a low water cutoff, all Honeywell controls, two new Taco hot water heating circulator[s], a new fuel line from the oil storage tank to the burner[,] and all new valves as needed. We will also supply and install the following[:] a new emergency shutoff switch located at the top of the stairs. This is a cast iron boiler with push nipples connecting the boiler sections, no rubber gasket on this boiler. The boiler will have a new Beckett AFG burner. The boiler will be piped as a two zone heating system with piping for hot water in the future.

(Exhibit P-1A.)

The estimate for the performance of all of this work was $7,060.98. (Id.) During the course of performing the agreed-upon work, Plaintiff learned that defects in the piping throughout De-fendants’ home would prevent the oil burner from functioning properly. Accordingly, Plaintiff ’s employees began replacing pipes as needed to get the system operational.

Plaintiff also offered into evidence Exhibit P-1B, a letter written by Mr. Zongora to Mrs. Young memorializing an oral agree-ment they had from January 31, 2017 in which Mrs. Young agreed to pay $250.00 or more per month to Mr. Zongora “until the full balance of $7,725.98 has been paid.” (Exhibit P-1B.) The addi-tional balance was being billed on a time and materials basis because it was impossible to estimate the extent of the work that would be needed in order to replace any defective pipes in Defendants’ residence.

David Young testified that after he learned that replacing just a few of them was costing nearly $800.00, he advised his mother not to have Plaintiff continue to perform work replacing pipes throughout the house.

There is not any dispute that Plaintiff supplied an oil burner to replace the previous burner that had broken. It is also undis-puted that Plaintiff did not finish the installation job. Mr. Zongora testified this was because he attempted to arrange with David Young to return to the home and finish the job of replacing the

20

Page 21: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux. 279

Lehigh 7-17 op

pipes, but David Young did not return his calls. Zongora estimated that it would have taken approximately another hour to complete the installation job and clean up the areas that were depicted in the photographs Defendants introduced. Additionally, there is not any factual dispute that Defendants did not pay Plaintiff for any of the work.

Based on the foregoing, Plaintiff has demonstrated the exis-tence of a contract under the terms as identified in Exhibit P-1A. Plaintiff has also demonstrated that Defendants breached the contract by their failure to tender payment thereunder. Before addressing damages, it is prudent to address Defendants’ counter-claim. Defendants have a single counterclaim for breach of contract against Plaintiff. Defendants assert that Plaintiff had contracted to install a working oil burner within one month. Defendants assert, and Mr. Zongora acknowledges, that Plaintiff never fully installed the oil burner under the contract. However, Mr. Zongora indi-cated this is because Defendants, by and through their son, never permitted him or his company to return to the home after Decem-ber 7, 2016 to finish the work. Additionally, Defendants claim the oil burner that was installed resulted in black smoke coming from the chimney, an oil smell in the basement, and poor fuel economy resulting in them needing to replace it again shortly thereafter.

Pennsylvania law holds that “[p]revention or hindrance by a party to a contract of any occurrence or performance requisite under the contract for the creation or continuance of a right in favor of the other party, or the discharge of a duty by him, is a breach of such contract.” Just Mfg. Co. v. Falck, 354 Pa. 421, 424, 47 A.2d 659, 661 (1946). David Young testified that he was advised by an employee of Plaintiff that Plaintiff would be in touch once additional materials came in to replace the damaged pipes in De-fendants’ home. He testified he never heard back. Mr. Zongora testified that he called David Young several times to try to sched-ule a time to return to the residence, and Mr. Young did not return his calls. Mr. Young acknowledged that he did not call Plaintiff to check on the status of the repairs or to proactively schedule a time for the work to be completed. He also testified that once he learned that the additional repair work was costing upwards of $800, he told his mother not to continue with it.

21

Page 22: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.280

Lehigh 7-17 op

Based on this testimony, the Court finds that Defendants have not proven that Plaintiff breached its contract. Mr. Zongora’s credible testimony indicates that Plaintiff made a good faith effort to complete the work, but was unable to do so by either direct ef-forts of Defendants or Defendants’ failure to return his calls in order to make arrangements to complete the work. Defendants failed to demonstrate that the problems with the oil burner Plain-tiff installed were a result of the oil burner being defective or otherwise not properly installed rather than stemming from the fact that Plaintiff was prevented from completing the installation. Accordingly, the remaining issue is the calculation of the appropri-ate amount of damages.2

In general, damages awarded for breach of contract are in-tended to put the non-breaching party in the position in which he would have been but for the breach. Helpin v. Trustees of Univer-sity of Pennsylvania, 608 Pa. 45, 50, 10 A.3d 267, 270 (2010) (cita-tion omitted). Where a plaintiff is required to perform under a contract and does not complete his performance, the plaintiff must establish that there was “an offer to perform ... which the defendant rejected, or [the plaintiff ’s] readiness to fulfill the condition until the defendant discharged him from so doing, or prevented the

2Because the Court has found that Plaintiff satisfied the elements for breach of contract, the Court need not address Plaintiff ’s alternative claim for unjust enrichment. While a plaintiff may plead quasi-contract theories in the alternative when advancing a claim for breach of contract, Pennsylvania law precludes recovery on a quantum meruit theory where a valid contract exists. See Shafer Electric & Construction v. Mantia, 67 A.3d 8, 9 n.2 (Pa. Super. 2013) (citations omitted). Quantum meruit is “an equitable remedy to provide restitution for unjust enrichment in the amount of the reasonable value of services.” American and Foreign Insurance Company v. Jerry’s Sport Center, Inc., 606 Pa. 584, 2 A.3d 526, 531 n.8 (2010) (citation omitted). A plaintiff must demonstrate three elements:

[B]enefits conferred on defendant by plaintiff[;] appreciation of such ben-efits by defendant[;] and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value.

Shafer v. Mantia, supra at 12 n.5 (quoting Temple University Hosp., Inc. v. Healthcare Management Alternatives, Inc., 832 A.2d 501, 507 (Pa. Super. 2003)).

In this case, the evidence demonstrated that Plaintiff installed an oil burner in Defendants’ home, which remained in Defendants’ home until March of 2018. Defendants ostensibly used the oil burner to heat the home during that time, thereby appreciating, accepting, and retaining the benefits Plaintiff conferred upon them. Accordingly, even if there was not a valid and enforceable contract, the Court would reach the question of dam-ages under a quantum meruit theory of recovery as well.

22

Page 23: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine _____________February 8, 2019

***LAW JOURNAL ADVERTISERS, PLEASE NOTE

THE FOLLOWING PRICE CHANGES***

As of 2019, the cost of Journal publications will be

changing. New pricing will go into effect for all ads and

publications as of the January 18th issue.

Estate notices will cost $125

($120 + $5 notary fee)

All other “Miscellaneous” publications will cost $100 ($95

+ $5 notary fee) (Inc, LLC, Fictitious Names, Articles of Amendment; Certificate of

Authority; Detective Licenses, Dissolutions; Domestic Liability;

Limited Liability; Orphans Ct Audit Lists; Parental Rights

Termination; Service by Publication, etc)

Page 24: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 2

Bar Association of Lehigh County Holiday Assistance Drive 2019

Dear Bar Association Member,

The Bar Association of Lehigh County has started the Annual Ask for the Lehigh

County Lawyer’s Charitable Fund Grant. This year’s theme is “Summer School

Programs & Camps”.

We are proud to remind all lawyers that the Bar Association of Lehigh County

has conducted an Assistance Program to benefit area 501c3 organizations to

provide much needed assistance to our surrounding communities for many

years. This program has raised over $230,000 throughout that time and

distributed these funds to many deserving area organizations.

This year to assist these organizations, we are asking each lawyer to give

generously to help support those in our local community. Remember, these

contributions stay in the Greater Lehigh Valley area.

The Program is administered through the Lehigh Valley Community Foundation

and all gifts are tax deductible to the fullest extent of the law. The Foundation

will automatically acknowledge all gifts for tax purposes over $250.

We will recognize all those nonprofit organizations receiving funds as part of our

Law Day celebration in May.

Past years’ contributions went to the Crime Victims Council of the Lehigh

Valley, Dream Come True, The Lehigh Valley Zoo, Community Bike Works,

The Victory House, Angel 34 , Miracle League of the Lehigh Valley and many

more.

Please help by sending your check today, payable to the Lehigh Valley

Community Foundation and mail to:

Lehigh County Lawyer’s Charitable Fund Grant

Lehigh Valley Community Foundation

840 West Hamilton Street, Suite 310

Allentown, PA 18101

Thank you for your generous donation!

Kristin Noonan Hutchins, Esquire, Community Service Committee, Chair

Ray Bridgeman, Executive Director, BALC

Page 25: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 3

ATTENTION SOLO PRACTICE

COMMITTEE MEMBERS:

Please mark your calendars to

save the date for the following

meetings in 2019:

March 12

June 11

September 10

December 10

*If you are interested in joining this committee, please keep in mind that you must sign up for the 2019. Groups from previous years will

not be carried over. Committee sheets can be found at www.lehighbar.org

Page 26: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 4

PRESENTS LUNCH AND LEARN

A CONFUSING IMMIGRATION SYSTEM:

FACTS, MYTHS, & EFFECTS ON YOUR PRACTICE.

WHAT YOU NEED TO KNOW

The American Immigration system has become the only political topic of

debate from the halls of Congress to nearly every American home. With

each passing minute, a new tweet, press release, or news article is posted

about immigration – from the border wall, family separation, asylum, and

caravans, to the differences between a permanent resident, undocumented

alien, and visa overstays – we are inundated with words – many myths,

little accuracy.

Attorney Raymond G. Lahoud, a Member of Norris McLaughlin P.A., and

Chair of the Firm’s Immigration Practice Group, will provide an accurate

overview of the American Immigration system, without the political spin

and its impact on the everyday lives of many Americans, and increasing

importance in other legal practices.

WHEN: Tuesday, February 26, 2019 at 12:00 noon

WHERE: Bar Association of Lehigh County

1114 W. Walnut Street, Allentown, PA 18102

No charge for LCPA members

$25 for guests $10 for students.

Please RSVP to Karen Mesch by February 21, 2019

610-433-6204 ext 12 or [email protected]

This presentation approved by the Keystone Alliance of Paralegal

Associations for 1 substantive Paralegal CLE credit.

Page 27: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 5

SAVE THE DATE:

Bar Memorials

Those being remembered in this year’s service:

Richard Shaffer 1/15/18

Robert Weinert 9/8/18

Carol Doup 9/20/18

Bernice Browne 12/17/18

Thursday, February 7, 2019

Lehigh County Courthouse

Courtroom 2A

3PM

Page 28: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 6

2019 COMMITTEE PARTICIPATION

Bar Association Committees for 2019 are now being

organized for implementation in mid-January.

Committee meetings are a benefit to BALC members. They

typically take place over the lunch hour at the Bar

Association and create an opportunity for discussion among

peers.

Please visit www.lehighbar.org to view the complete listing

of committees available and fill out your firm.

Committee listings from previous years will not be carried

over. All interested members must complete a new form for

2019 and return it via fax to 610-770-9826.

Committee meeting notifications are sent via email, are

listed on the BALC calendar online and are also printed in

the date section of the Lehigh Law Journal.

Page 29: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE UPDATE for the week of: February 8, 2019

PBI Simulcast Seminar “Truck Accident Litigation”

Wednesday, February 13, 2019

Take away all the information you need to try your next truck accident case. In this highly regulated industry, learn what information is available and what is admissible during trial.

Learn the rules of the road in trucking litigation: • Truck Technology: understanding available information • Document requests to/from truck company • The State Police investigation; understanding and

obtaining it • Deposing truck company representatives • Liability of lessors, brokers, shippers and others • Practice pointers on specific case types

Registration: 8:00 AM; Tuition: $249.00 Seminar: 8:30 AM – 12:45 PM

4 Substantive Credits To Register Call PBI @ 1.800.932.4637

PBI ANNOUNCEMENT:

Beginning September 1, 2018 Breakfast or Lunch Will Not Be Provided for Attendees At PBI Half-Day Seminars

BALC CLE Seminars will continue to serve Breakfast / Lunch as usual

PBI Simulcast Seminar “Litigating an Employment Discrimination Case”

Wednesday, February 20, 2019

Join PBI for a complete breakdown of an employment discrimination case. Through a lively discussion, you will learn the statutes and major cases that helped shape the current state of the law and see where it is going. Take away practical tips and pointers for litigating your next employment discrimination case.

Registration: 8:30 AM; Tuition: $249.00 Seminar: 9:00 AM – 12:15 PM

3 Substantive Credits To Register Call PBI @ 1.800.932.4637

Page 30: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 2

PBI Simulcast Seminar “Legal Research: Free or Fee?” Thursday, February 21, 2019

• Pick up valuable practice tips. • Analyze the pros and cons of free versus pay resources. • Distinguish good information from the bad. • Narrow down your search results. • Ethically pursue information.

Registration: 8:30 AM; Tuition: $179.00 Seminar: 9:00 AM – 12:15 PM

2 Substantive & 1 Ethics Credits (Integrated) To Register Call PBI @ 1.800.932.4637

PBI ANNOUNCEMENT: Beginning November 1, 2018,

PBI will be providing downloadable materials instead of printed manuals for most courses.

A download link will be e-mailed to those who have pre-registered prior to the course.

PBI is recommending that attendees bring a laptop or tablet with them to all PBI seminars to follow the

materials.

BALC CLE ANNOUNCEMENT

The CLE Department has gone Green!

BALC has switched over to electronic handout materials for all CLE seminars.

Please download your materials before you arrive at the seminar. No print copies will be handed out at the program.

Instructions to obtain course material: The link to get your course material is:

www.lehighbar.org Hover over CLE Seminars at the top of the home page.

Click on CLE Handouts Courses will be listed by: Date; Title; Presenter(s)

Choose the course you plan on attending Print or save to your computer

If you prefer not to download the materials, please feel free to bring a tablet or laptop on the day of the seminar to follow along.

Materials will be posted as soon as they are given to the CLE Department.

Page 31: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 3

BALC LUNCH SEMINAR

“Dos Santos v. Dorney Park and Wildwater Kingdom”

Presented by: R. Tyler Tomlinson, Esq., Joseph Cullen, Esq., Ian Abovitz, Esq. and Matthew Wilson, Esq.

Friday, February 22, 2019 Approved for 1 Substantive CLE and CJE Credit

Please join BALC’s esteemed panel for this one-hour program discussing one of 2018’s largest settlements in a personal injury case in Lehigh County. You will hear a summary of the 4½ years of litigation and some of the challenging legal issues that were faced during this construction/personal injury/workers’ compensation case that occurred at Dorney Park in April of 2014. Tyler Tomlinson, Joseph Cullen, Jr., and Ian Abovitz, shareholders with Stark & Stark, represented Mr. Dos Santos and secured a settlement of $2.75 million for lost wages, pain and suffering, and medical bills for the gravely injured worker. Mark your calendars and save the date for this interesting seminar. Attorney R. Tyler Tomlinson is a Shareholder and member of the Accident & Personal Injury Group of Stark & Stark. Mr. Tomlinson concentrates his practice in wrongful death cases and has recently handled several high-profile cases in Pennsylvania. Mr. Tomlinson earned his J.D. from the New York Law School in 1995, his B.A. from Lehigh University in 1992 and in 2010 the National Institute for Trial Advocacy – Temple University. Attorney Joseph A. Cullen, Jr. is a Shareholder and member of Stark & Stark’s Accident & Personal Injury Group. Mr. Cullen concentrates his practice in the representation of plaintiffs in all aspects of personal injury litigation. Mr. Cullen earned his J.D. from Villanova University School of Law in 1998, a B.A. in 1995 from Saint Bonaventure University and graduated from LaSalle College High School in 1991. Attorney Ian S. Abovitz is an Associate and member of Stark & Stark’s Accident & Personal Injury Group in the Yardley, Pennsylvania office. He concentrates his practice on complex injury, medical negligence and construction accident claims. Attorney Abovitz earned his J.D. from Temple University Beasley School of Law in 2009 and a B.S. in 2006 from The Pennsylvania State University. Attorney Matthew L. Wilson has practiced Pennsylvania workers’ compensation law exclusively since 1988. For the last 14 years he has co-authored the Pennsylvania Bar Institute’s Workers’ Compensation Practice and Procedure Manual, which is known among attorneys and judges as the “bible” on workers’ compensation law. Mr. Wilson received his J.D. from the Rutgers School of Law in Camden, New Jersey, and his M.A. in political science from the Eagleton Institute of Politics. He is a partner in the Philadelphia-based firm of Martin Law, LLC.

Registration and Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Substantive Credit

Tuition: Members $40.00; Non-members $55.00 To Register Call Nancy @ 610.433.6401 Ext: 16

E-mail: [email protected]

Page 32: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 4

BALC LUNCH SEMINAR

“The Impaired Lawyer – A Call for Action” Presented by: Brian Quinn, Esq.

Wednesday, February 27, 2019 Approved for 1 Ethics CLE and CJE Credit

Recent studies show that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession.

As Lawyers Concerned for Lawyers Educator, Mr. Quinn will discuss the early warning signs of impairment, how best to approach the impaired individual and the LCL services that are available to lawyers, judges, their family members and law students.

A complete review of the 2016 ABA study on Impairment in the Legal Profession, the problems presented by societal and professional stigma, enabling, and the reluctance of attorneys to utilize Lawyers Assistance programs are also discussed.

A practicing lawyer with over 40 years of experience, Mr. Quinn will also share his own story of addiction and impairment and the role that Lawyers Concerned for Lawyers played in saving his life and restoring his place in the legal profession.

Registration and Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Ethics Credit

Tuition: Members $40.00; Non-members $55.00 Legal Support Staff: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

PBI Simulcast Seminar “Estate and Elder Law Symposium”

Thursday, February 28, 2019

Take advantage of the Best of two of PBI’s most popular Institutes. In this one-day Symposium PBI will feature some of the most popular sessions from their annual Estate Law Institute and Elder Law Institute. Whether you have a general practice, or you concentrate in estate law, elder law or both, you will find this course offers just what you need. You will pick up important practice tips and the latest developments.

Registration: 8:30 AM; Tuition: $279.00 Seminar: 9:00 AM – 4:15 PM

5 Substantive & 1 Ethics Credits To Register Call PBI @ 1.800.932.4637

Page 33: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 5

MASTER CLASS CLE/CJE SERIES

A Master Class is a class given to students of a particular discipline by an expert of that discipline – usually music, but also painting, drama, any of the arts or on any other occasion where skills are being developed.

We hope you will join us at BALC’s new ‘Master Class’ seminars – a series of seminars directed toward newly admitted attorneys but useful to new lawyers, young lawyers or any lawyer looking to broaden their awareness of any area of practice where they are not already familiar with and want to become so. We highly encourage the larger firms to send their new associates to as many of these seminars as they are able to attend.

We are hoping that these classes will promote an interactive atmosphere where presenters and attendees will share in the conversation on the topic at hand.

The first in this series of Master Class seminars is being given by the Hon. Robert Steinberg and the Hon. J. Brian Johnson on Monday, March 4th from 12:15 PM – 1:15 PM. They will be discussing what is expected when practicing in Lehigh County before the civil and criminal judges. See the ad for more information.

Please watch for other developing Master Class courses throughout 2019.

Page 34: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 6

BALC LUNCH SEMINAR A Master Class Series Seminar

“Courtroom Skills” Presented by:

Hon. Robert Steinberg and Hon. J. Brian Johnson Monday, March 4, 2019

Approved for 1 CLE and CJE Ethics Credit

Whether you are a new attorney or have practiced for years, please join us for this valuable discussion of general courtroom skills, etiquettes and protocols that every lawyer needs to know.

Honorable Robert L. Steinberg graduated from American University in 1973 and earned a J.D. from Western New England School of Law in 1976. Judge Steinberg served Lehigh County as an Assistant Public Defender from 1976 to 1978. He served in the District Attorney’s Office as an Assistant from 1978 to 1983, as Deputy District Attorney from 1985 to 1988, and as First Assistant District Attorney from 1988 to 1991. He served as District Attorney for Lehigh County from 1991 to 1998. He is the recipient of a number of awards, including the Colonel John J. Schafer Award for excellence in law enforcement. He was elected Judge of the Court of Common Pleas for Lehigh County in November 1997 and retained for a ten-year term in 2007 and again in 2017.

Honorable J. Brian Johnson is Administrative Judge of the Civil and Orphans’ Court Division of the Court of Common Pleas of Lehigh County, Pennsylvania since January 2004. He has chaired the Lehigh County Children’s Roundtable since 2006 and has served on the Pennsylvania Supreme Court’s Leadership and State Roundtables since 2007. From 1986 to 1996, he engaged in private practice based in Lehigh County as a sole practitioner and as a partner in the firms of Johnson & Ashcraft and Johnson, Ashcraft & Giordano. From 1983 to 1985, he was an associate with the firm of Lanshe, Lanshe & Lanshe. In the course of his career as an attorney, he practiced primarily in the areas of civil, family and criminal litigation, business and real estate transactions, municipal law, and wills and estates. He served Lehigh County as an Assistant Public Defender from 1981 to 1983, as Criminal Arraignment Master from 1984 to 1986, as Assistant County Solicitor from 1987 to 1989 and as Criminal Costs and Fines Master from 1990 to 1991. Judge Johnson is a graduate of Villanova University (B.A. English 1977) and Temple University School of Law (J.D. 1981).

Registration & Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Ethics Credit

Tuition: Members $40.00; Non-members $55.00 Legal Support Staff: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

Page 35: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

2019 LAWYER REFERRAL SERVICE APPLICATION

If you are interested in LRS participation, please return the completed application, along with the appropriate fee as noted below. All checks should be made payable to: LAWYER REFERRAL SERVICE.

**The registration fee for BALC MEMBERS is $80.00 per year; this includes membership on two (2) referral panels and subpanels. Each panel is bolded and you may choose as many subpanels as you like, covered under the panel price. You may elect to participate in more than two panels at an additional cost of $35 each.

1 PANEL: $80.00 4 PANELS: $150.00 2 PANELS: $80.00 5 PANELS: $185.00 3 PANELS: $115.00 6 PANELS: $220.00

**The registration fee for NON-MEMBERS is $125 per year; this includes membership on two (2) referral panels and subpanels. Each panel is bolded and you may choose as many subpanels as you like, covered under the panel price. You may elect to participate in more than two panels at an additional cost of $35 each.

1 PANEL: $125.00 4 PANELS: $195.00 2 PANELS: $125.00 5 PANELS: $230.00 3 PANELS: $160.00 6 PANELS: $265.00

The Lawyer Referral office receives phone calls from clients requesting services from attorneys. At this time, the office will obtain all needed information from the client and contact the attorney to schedule. They are entitled to a half-hour consultation with the attorney for a $30 fee. An information sheet will be faxed to each attorney, which needs to be completed at the end of each consultation. The referral form must be faxed back to the LRS office upon completion of the consultation. Client fees are pre-paid to the LRS office. Fees are determined by the attorney for any services requested after the consultation. Please notify the LRS office if you are unavailable to accept referrals due to vacations, etc. This will ensure no clients are referred to your office while you are away. Please note that screening of clients is not permitted – no telephone consultations prior to the client coming in unless specified on the referral form. All attorneys must contact the client within 3-5 business days upon receipt of referral.

1

Page 36: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Participating Attorney: _______________________________ PA ID Number: ____________________________________ Law Firm: _______________________________________________________________ Address: _______________________________________________________________ City, State, Zip: _______________________________________ Email: ______________________________________________ Phone: ______________________________________________ Direct Fax: ___________________________________________ Are you fluent in other languages (if so, which)? _______________________________________________________________ Please indicate if you are licensed in any other state – please list states. _______________________________________________________________ Are you a current member of the Bar Association of Lehigh County? ________________________ Will you accept jail calls or make house calls? If yes, please specify. ________________________ Do you make night or weekend appointments? _________________________ Will you handle telephone consultations? _______________________________________________________________ My Insurance Carrier: ___________________________________________ Policy No. / Amount of coverage:___________________/________________ Policy expiration date: _______________________________________________________

* PLEASE PROVIDE A COPY OF INSURANCE LIABILTY FORM

2

Page 37: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

LAWYER REFERRAL SERVICE

APPLICATION

I further agree that I will not charge nor solicit any fees other than the $30.00 referral fee for the first conference, of one-half hour in duration, with the referral client. As part of the initial conference, I will advise the client in writing as to what further legal action I feel is required, if any. It is understood that the initial conference is for legal advice only and does not include the preparation of letters or legal documents and further that I will be compensated for any additional legal services in an amount to be agreed upon in writing by myself and the referral client. Any complaints submitted to the Bar Association of Lehigh County regarding attorneys who are members of the Lawyer Referral Service will be reviewed by the Lawyer Referral Committee and subsequently by the Board of Directors. Any actions will then be determined. All referrals must be processed within 3-5 business days. Any attorney who fails to process three (3) referrals within such period will be terminated from the program. In consideration of the Bar Association of Lehigh County maintenance of the Lawyer Referral Service, I agree:

That the information herein contained may be furnished to any prospective client in connection with the operation of the Lawyer Referral Service; that I may withdraw my registration at any time upon five (5) days written notice to the Lawyer Referral Service and will promptly notify the Lawyer Referral Service in writing of the disposition of the client's case referred to me and that I in no event will hold or claim to hold the Lawyer Referral Service, the Bar Association of Lehigh County, any officer, trustee, member or employee to any liability in connection thereof with the use of the Lawyer Referral Service.

I certify that I am a member in good standing of the Supreme Court of Pennsylvania and of the Bar Association of Lehigh County.

Signature: Date: _______

I HEREBY CERTIFY THAT I AM COMPETENT TO REPRESENT CLIENTS AND WILLING TO ACCEPT REFERRALS IN THE FIELDS OF LAW SELECTED ON THE ATTACHED PAGE.

3

Page 38: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

[__] Administrative __ Housing Authority

__ Public Utility Commission __ Social Security __ VA Benefits __ Pension __ Transportation [__] Collections __ Bankruptcy __ Collections / Creditors __ Foreclosures __ Identity Theft __ Student Loans [__] Business/ Corporations

__ Corporations / Partnerships

[__] Civil Litigation __ Consumer Disputes __ Personal Property Damage __ Contract Disputes __ Lemon Law [__] Civil Rights __ Discrimination / Defamation __ Civil Rights [__] Criminal __ Assault and Battery __ Drugs / DUI __ Traffic __ Felony/Misd/Expung.

__ Juvenile __ C & Y Investigations

[__] Elder Law (are you associated with AAA? __ ) [__] Education Law __ Special Education __ Discipline Cases [__] Family

__ Adoption __ Support / Custody __ Divorce / Spousal Support __ PFA __ C & Y investigations

[__] Health Law __ Medical Malpractice __ Medicare / Medicaid __ HIPPA Violations __ Mental Health

[__] Immigration

[__] Intellectual Property

__ Copyright __ Trademark __ Patent

[__] Labor __ Employer __ Employee __ Union __ Wrongful Termination __ Unemployment

Compensation __ Worker’s Compensation

[__] Military [__] Real Estate Property

__ Boundary Disputes __ Business Properties __ Closings / Settlements __ Easements __ Landlord Rights __ Tenant Rights __ Residential __ Zoning

[__] Taxation __ Property Tax __ School Tax __ State Tax __ Personal Income Tax [__] Tort __ Auto Accidents: Plaintiff __ Auto Accidents: Defend. __ Auto Warranty __ Insurance __ Personal Injury __ Product Liability [__] Traffic __ License Suspension __ Moving Violations [__] Wills / Estates __ Estates / Trusts __ Inheritance Taxes __ Preparation of Wills __ Probate of Wills [___] Other: _________

4

Page 39: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

MODEST MEANS PROGRAM

APPLICATION

Please complete all the information on the application, including

the waiver portion, and return it to the attention of the Modest

Means Program Coordinator, along with a copy of the declaration

sheet from you malpractice insurance policy. The $50.00 panel

fee is also required with the application. Should you have any

questions regarding the Modest Means Program or the application,

please call Erin Hudson at 610-433-6204 x 19 or email at

[email protected].

Name:

____________________________________________

Attorney ID:___________________

Firm:_______________________________________

Office Address:

_________________________________________________

_________________________________________________

__________________________________

Phone: ______________________________

Fax: __________________

Email Address and/or Web Site:

____________________________________________

Month & Year of Pennsylvania Bar Admission:

____________________

Law School Attended: __________________

Date of Graduation:______________

Undergraduate School Attended:

_______________________________

Other Courts to Which Admitted: (Please indicate dates of

admission)

_________________________________________________

_______________________________________________

Foreign Languages:

________________________________________________

Best Method of Contact:

________________________________________________

5

Page 40: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Name of Malpractice Insurance Carrier:

_________________________________________

Policy Number: _______________________________

Expiration Date: ___________________

(Please remember to attach a copy of the declaration sheet

from your policy with this application)

❖ Please answer the following questions:

1. Have you ever been disciplined by the Disciplinary Board of

the Pennsylvania Supreme Court or by a disciplinary authority

in another jurisdiction? ________

(If you answered yes to this questions, please provide a brief

explanation in a separate letter and forward it to the attention

of the Lawyer Referral Coordinator. Both your application

and the letter should be marked “personal and confidential”).

2. Are you fluent in a language other than English? Please indicate

which language(s)

________________________________________________

MODEST MEANS PROGRAM WAIVER By its approval of an attorney for membership on the Modest

Means Program panel, the Lawyer Referral Service Committee

assures the public that the attorney is a member of the Bar in

good standing and is qualified to practice law. The Committee

also assures the public that the attorney adheres to, and will

continue to adhere to, the recognized ethical standards of the

profession as well to the Modest Means Program’s stated

purpose under its operating rules. In furtherance of its obligation

to the public, the Lawyer Referral Committee requests the

following information:

I hereby authorize the Bar Association of Lehigh County’s

Modest Means Program to examine any and all material which

is presently on file or which may hereafter be filed with the

Disciplinary Board of the Pennsylvania Supreme Court, the

Pennsylvania Lawyers’ Fund for Client Security, the Judicial

Inquiry and Review Board (JIRB), the Judicial Conduct Board

and/or the Court of Judicial Discipline or successor bodies as

6

Page 41: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

part of my application to the LRS and during the period that I

am a member of the Modest Means Program.

Signature:____________________________________

Date:_________________________

Name: ________________________________

ID #: _________________________

❖ Please sign below to indicate that you have read the

following statement and agree to comply with those

requirements:

I elect to become a member of the Modest Means Program

and agree to accept the following flat fee / hourly rate cases.

I understand that the purpose of the Bar Association of Lehigh

County Modest Means Program is to provide legal services at

a substantially reduced rate to individuals who fall within the

financial guidelines as outlined in this application.

By participating in the MMP, I agree in the event of a fee

dispute with a MMP client, to sign the agreement for binding

common law arbitration before the Bar Association of Lehigh

County’s Fee Dispute Committee and to abide by any decision

rendered by that Committee in such a fee dispute.

By signing below, I agree to cooperate fully with the Lawyer

Referral / Modest Means Coordinator in resolving any

disputes or complaints which may arise during my

participation in the Modest Means Program.

Signature:________________________________

Date: _______________________

Attorney Name: ___________________________

ID #: ________________________

7

Page 42: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Please select the appropriate areas of referral: Child Support Conference (Defendants Only)

$150.00

Child Support Hearing (Defendants Only)

$60.00 per hour

Child Custody Conference (Defendants Only)

$150.00

Uncontested Divorce $275.00 plus costs

PFA First Full Hearing (Defendants Only)

$250.00

Bankruptcy – Chapter 7 $500.00 plus costs

Collections Defense $60.00 per hour

Simple Wills (Simple bequests & Simple minors’

trust) $75.00

Simple Wills (Husband & Wife) $125.00

Power of Attorney

$40.00

Health Care POA & Living Wills

$75.00

Unemployment Compensation

$250.00

*Prices assume in office visits for the initial conference and

execution of documents. Any additional provisions or

work or out of office visits are done at $60.00 per hour.

8

Page 43: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 7

BALC LUNCH SEMINAR A Master Class Series Seminar

“Changes in Alimony, APL and Support Calculations”

Presented by: Hon. Douglas G. Reichley, Master John Roberts, III and

Julia Parker Greenwood, Director of Lehigh County Domestic Relations

Tuesday, March 5, 2019 Approved for 1 CLE and CJE Substantive Credit

Please join our esteemed panel to hear about the changes in Alimony, APL and Support Calculations. This informative session will welcome audience questions and participation.

Judge Douglas G. Reichley graduated from Lafayette College in 1983 with honors in Government and Law and received his J.D. from the Dickinson School of Law in 1986. Judge Reichley served in the Lehigh County District Attorney’s Office from 1989-2000, rising to the position of Deputy District Attorney for violent crime prosecutions. He also served in the Philadelphia District Attorney’s Office from 2000-2001 in the Special Investigations Unit. Before his election to the bench, Judge Reichley served in the Pennsylvania State House from 2003-2011. During his five terms in office, he was appointed to the House Appropriations Committee as the Vice-Chairman, and also served on the Consumer Affairs, Health and Human Services, Judiciary, Professional Licensure, Transportation, and Urban Affairs committees. He was the recipient of several recognitions for his legislative service, including being named the State Public Official of the year by PA Bio in 2010 and the Outstanding Legislator of the Year in 2010 by the Pennsylvania Association of School Retirees.

John E. Roberts, III, Esq., Lehigh County Family Court Master, received a B.A. from the University of Delaware in 1990 and his J.D. from Cornell Law School in 1993. He served as law clerk for the Hon. Robert A. Freedberg in Northampton County in 1993 and 1994. After the clerkship he engaged in private practice until his appointment as Family Court Master for Lehigh County in 2002.

Registration & Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Substantive Credit

Tuition: Members $40.00; Non-members $55.00 Legal Support Staff: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

Page 44: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 8

BALC LUNCH SEMINAR

“DUI Law Update” Presented by: Renee Smith, Esq., Richard Director, Esq.

Cori Doughty and Moderated by: Gavin Holihan, Esq. Thursday, March 7, 2019

Approved for 1 Substantive CLE and CJE Credit

This one-hour seminar will address the numerous recent changes in the law dealing with Driving Under the Influence in Pennsylvania. Members of the panel will explain the new penalties for repeat DUI offenders as well as the changes to drivers’ license suspensions. They will then address the circumstances in which an offender is eligible for the Ignition Interlock Limited License. The panel will also discuss procedural changes to the DUI court process in Lehigh County.

The panel will include Renee Smith, Esq., DUI Supervisor from the District Attorney’s Office, Richard Director, Esq., Assistant District Attorney, Sara Moyer, Esq., Assistant Public Defender, Cori Doughty, Adult Probation Department Supervisor and will be moderated by Gavin Holihan, Esq.

Registration and Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Substantive Credit

Tuition: Members $40.00; Non-members $55.00 Legal Support Staff: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

PLEASE SUPPORT YOUR BAR ASSOCIATION’S LIVE SEMINARS

Page 45: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 9

PBI Simulcast Seminar “Clean Slate CLE”

Wednesday, March 13, 2019

New Clean Slate legislation has recently been signed into law in Pennsylvania that allows for individuals to petition the courts to have their criminal records sealed if the person has been free from conviction for 10 years for an offense that resulted in a year or more in prison and has paid all court-ordered financial debts.

Additionally, the new law allows automatic sealing of records for second or third-degree misdemeanor offenses that included a less than two-year prison sentence if a person has been free from convictions for 10 years, as well as sealing of criminal history records related to charges that resulted in non-convictions.

Training participants will learn all about Pennsylvania’s New Clean Slat Program:

• What can be expunged? • What can be sealed? • Will sealing happen automatically? • Is there a waiting period before filing?

Learn how Clean Slate changes the current process.

Registration: 12:30 PM; Tuition: $149.00 Seminar: 1:00 PM – 3:00 PM

1 Substantive & 1 Ethics Credits To Register Call PBI @ 1.800.932.4637

PBI Simulcast Seminar “Key Mistakes to Avoid with

Residential Agreements of Sale” Thursday, March 14, 2019

The Pennsylvania Association of REALTORS® (PAR) residential agreement of sale is the #1 contract used in the Commonwealth of PA. Marshal Granor, Brett Woodburn and Kellie McGowan will review contract provisions in which costly mistakes are commonly made and give you tips to better represent your clients. And they will discuss the latest changes and interpretations of this complex and ever-changing form.

Registration: 12:00 PM; Tuition: $249.00 Seminar: 12:30 PM – 3:45 PM

3 Substantive Credits To Register Call PBI @ 1.800.932.4637

Page 46: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 10

BALC LUNCH SEMINAR

“Practice Before United States Magistrate Judges” Presented by: Hon. Henry S. Perkin and

Moderated by: Nancy Conrad, Esq. Friday, March 15, 2019

Approved for 1 Substantive CLE Credit

United States Magistrate Judges – What is their role within the court system? How do they become Magistrate Judges and what authority do they have? Everything you ever wanted to know about the responsibilities and day-to-day workings of a Magistrate Judge will be discussed at this very informative one-hour program. Please join the Hon. Henry S. Perkin and Nancy Conrad, Esq. for an inside peak at the life of a United States Magistrate Judge.

U.S. Magistrate Judge Henry S. Perkin is a graduate of Duquesne University (1969) and the Duquesne University School of Law (1972). Upon graduation from Law School he served a clerkship with the Honorable Alfred T. Williams, Jr. He worked as an Assistant Public Defender (1975-1977) and Assistant District Attorney (1977-1987) in Lehigh County. He served as the Lehigh County Solicitor from 1995 through 2006. From 2006 to March 1, 2007 he served as the Solicitor for the City of Allentown. Judge Perkin served as President of the Bar Association of Lehigh County in 1993 and has been a member of the Pennsylvania Bar Association House of Delegates since 1994. From 2011 to 2013, Judge Perkin was the President of the Donald E. Wieand Inn of Court. During his years as an attorney, Judge Perkin maintained a private practice in which he handled a variety of commercial and land use litigation as well as transaction matters. He was sworn in as a United States Magistrate Judge on March 2, 2007.

For more than 20 years Attorney Nancy Conrad has represented businesses, educational institutions and non-profit organizations. She has defended all types of employment actions, including the defense of federal and state discrimination claims, wrongful discharge claims, whistleblower claims, employment contract matters and restrictive covenant cases.

She is Vice-Chair of the PBA’s Federal Practice Committee, Past Co-Chair and current Executive Council Member of the PBA Commission for Women in the Profession, Immediate Past Chair and current Executive Council Member of the PBA Labor and Employment Section.

Registration and Lunch: 11:45 AM Seminar: 12:15 PM – 1:15 PM; 1 Substantive Credit

Tuition: Members $40.00; Non-members $55.00 Legal Support Staff: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

Page 47: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 11

PBI Simulcast Seminar “Valuing Antiques and Collectibles”

Tuesday, March 19, 2019

At this seminar you will learn: ~ When you need to retain an expert. ~ Where to find a qualified and honest valuation expert. ~ How estate sales, auctions and liquidators work. ~ Whether your malpractice insurance will cover you if you give bad advice or recommendations to your client. ~ The mistake of trusting ‘gut instinct’ about what is and is not valuable.

Registration: 11:30 AM; Tuition: $249.00 Seminar: 12:00 PM – 4:15 PM

4 Substantive Credits To Register Call PBI @ 1.800.932.4637

PBI Simulcast Seminar “The Law of Arrest,

Search and Seizure in Pennsylvania” Wednesday, March 20, 2019

Through the use of hypotheticals demonstrating real-life scenarios, learn how common Fourth Amendment issues are handled in an engaging and practical format. Listen as the prosecution, defense counsel and judges provide their perspectives on Fourth Amendment suppression issues and strategies, and approaches to litigation. Receive a PDF of David Rudovsky’s book Arrest, Search and Seizure in Pennsylvania with your tuition and analyze recent legal developments as David delivers his ever-popular Fourth Amendment update.

Registration: 11:30 AM; Tuition: $279.00 Seminar: 12:00 PM – 4:15 PM

3 Substantive & 1 Ethics Credits To Register Call PBI @ 1.800.932.4637

PBI Simulcast Seminar “Civil Litigation Update - 2019”

Thursday, March 21, 2019

Enhance your practice with updates in key areas of civil litigation, fine tune your knowledge, and learn from leading practitioners. Analyze recent important decisions from the Pennsylvania state and federal courts and maximize your time with relevant updates, valuable practice tips and convenient locations.

Registration: 8:30 AM; Tuition: $279.00 Seminar: 9:00 AM – 4:15 PM

5 Substantive & 1 Ethics Credits To Register Call PBI @ 1.800.932.4637

Page 48: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

CLE Update 12

BALC CLE REGISTRATION FORM

Name:___________________________________________

PA Sup.CT.ID_____________________________________

Member of the Bar Association of: [ ] Lehigh [ ] Northampton

[ ] Other_______________________ [ ] Legal Support Staff

To Register for any BALC Seminar Call: Nancy @ 610.433.6401 Ext: 16 (or)

E-mail: [email protected] (or) Fax the Registration form to: 610.770.9826

[ ] February 22: “Dos Santos v. Dorney Park and Wildwater Kingdom” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] February 27: “The Impaired Lawyer – A Call for Action” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] March 4: “Courtroom Skills” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] March 5: “Changes in Alimony, APL and Support Calculations” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] March 7: “DUI Law Update” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] March 15: “Practice Before United States Magistrate Judges” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

TOTAL AMOUNT ENCLOSED $______________________________

For payments in advance, please make checks payable to BALC & mail to:

Attn: Nancy

Bar Association of Lehigh County

1114 W Walnut St, Allentown PA 18102.

Page 49: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 7

2019 Mock Trials

The Bar Association of Lehigh County in

conjunction with the Lehigh County Court of

Common Pleas will be hosting the

2019 District Mock Trial Competition

The group is in need of volunteers for Jurors

& Time Keepers

Dates of Competition: 2/4, 2/5, 2/11, 2/26 &

3/4 (if needed)

*2/4, 2/5 and 2/11 have 5:30 and 7:30 PM Trials, other dates

have 1 trial time per evening, 5:30 PM*

Please contact:

Ray Bridgeman: [email protected] with the dates

and times.

The BALC in conjunction with the County Bench have been

participating in this program for many years. We can only

continue this with your participation, so please be generous

with volunteering your time.

Sincerely,

Jenna Fliszar and TJ Schick

2019 BALC Mock Trial Coordinators

Page 50: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 8

Comedy Night at

Wisecrackers Comedy Club Support the Lehigh County Lawyers’ Charitable Fund

Friday, March 8, 2019

Doors open 8pm, Show starts at 9pm, Admission: $20

Contact Ray for tickets and information 610-433-

6204 x15 [email protected]

Bingo Night at

The Barristers Club Friday, March 22, 2019

5:30 pm - 8:00 pm

Join us for another evening of Bingo!

Doors open at 5:30, Bingo starts at 6pm

Page 51: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 9

The Lawyers Lunch Table

A treasured tradition is returning for all

Lawyers and Judges. There is a standing

reservation for Lunch at Bell Hall, 612 W.

Hamilton St, on the 1st Thursday of the month,

12PM. Please come out enjoy some

camaraderie with other colleagues.

Page 52: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 10

Save the Date: Bench Bar Conference 2019

Washington, DC

June 7th- 10th

The Historic Willard Hotel

The Bench Bar Committee is hard at work planning next year’s Conference that

will include receptions, group activities, outstanding CLEs and a special event, the

United States Supreme Court Admissions Ceremony.

Highlights:

6/7

430 PM BALC Board Meeting-Board Members Only

6:00PM-8PM Cocktail Reception at the Historic Willard Hotel

6/8

9AM-11:30AM CLE Seminars-Willard Hotel

Afternoon-Tour DC at your Leisure

Optional Afternoon Group Tour

6/9

9AM-10AM CLE Seminar-Willard Hotel

10:30AM-12PM Champagne Brunch-Willard Hotel

6PM-8PM Hospitality Reception (Admission Applicants Only)

6/10

US Supreme Court Admission including Group Breakfast (This is limited to the

first 50 Applicants). Please see BALC Website for Admission Packet and

Instructions.

Hotel Information-Book your rooms now! First come basis.

The Willard Washington D.C.

1401 Pennsylvania Ave NW, Washington, DC 20004

Call: 1-800-424-6835 and use Group Code BBC

Or for Online Reservations: See BALC Website- lehighbar.org and follow

instructions.

*BUS Transportation being arranged to DC for entire Conference and for those

just coming in for Admissions Ceremony.*

*Activities and Schedules subject to change, see lehighbar.org for updates.

Page 53: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 11

February

February 11: Mock Trial Competition

February 13: Workers Compensation Committee meeting 12pm

February 13: Barristers Inn 5:30pm

February 18: BALC Office Closed

February 21: Board Meeting 4:30pm

February 26: Mock Trial Competition

March

March 8: Comedy Night at Wisecrackers Comedy Club 9pm

March 12: Solo Practice committee meeting 12pm

March 20: Barristers Inn 5:30pm

March 21: Board Meeting 4:30pm

March 22: Bingo Night at the Barristers Club 6 pm

March 26: New Member Welcome Breakfast 8am

Page 54: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

NewsLine 12

NOTES

Page 55: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux. 281

Lehigh 7-17 op

execution of the matter which the contract required him to perform.” Dunshee v. Travelers Insurance Company of Hartford, 25 Pa. Su-perior Ct. 559, 562 (1904). The non-breaching party is entitled to damages from a breaching party provided that such damages “would naturally and ordinarily result from the breach, or ... they were rea-sonably foreseeable and within the contemplation of the parties at the time they made the contract, and ... they can be proved with reasonable certainty.” Gamesa Energy USA, LLC v. Ten Penn Center Associates, L.P., 181 A.3d 1188, 1194 (Pa. Super. 2018) (quoting Ferrer v. Trustees of the Univer. of Pennsylvania, 573 Pa. 310, 825 A.2d 591, 610 (2002)).

In this case, Mr. Zongora credibly testified that he and his staff began the work contemplated under the contract, but they were unable to complete it due to the need to replace piping in Defen-dants’ home. It is undisputed that an oil burner was delivered and partially installed in Defendants’ home. Mr. Zongora testified he attempted to arrange with David Young to return to Defendants’ home and complete the work after clutter had been cleared away from the areas Plaintiff needed to access in order to finish the job, but Mr. Young did not return his calls. Because Defendants’ home is a private residence, Plaintiff was not in a position to arrive and enter the home without permission to continue the work. While Mr. Zongora conceded that Plaintiff did not fully complete all of the work required by the contract, the evidence reflected that this was a result of Defendants’ failure to arrange to have Plaintiff ’s employees back to finish the work.

As discussed above, the evidence reflected that Plaintiff is the non-breaching party and that Defendants are in breach of the con-tract. The damages Plaintiff requested are based on the cost of the oil burner, which Mr. Zongora testified was $5,000.00, as well as the balance of the initial contract for the installation, $2,060.90. Defen-dants assert that Plaintiff ’s failure to complete the job as arranged should militate against an award of the full contract damages. How-ever, the evidence showed that Plaintiff ’s performance was substan-tially frustrated by Defendants’ failure to allow Plaintiff ’s employees access to the home to finish the job.

The additional element of damages Plaintiff is requesting is $665.08, the costs associated with the replacement of certain pipes

23

Page 56: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

Zongora Comfort vs. Young et ux.282

Lehigh 7-17 op

performed on December 7, 2016 in Defendants’ home by Plaintiff ’s employee. Mr. Zongora testified that this was billed on a time-and-materials basis, and a time sheet was entered into evidence sub-stantiating the billing by Nicholas Pinno. There is not any dispute that Mr. Pinno performed the work in Defendants’ residence on December 7, 2016.

David Young testified that the oil burner installed in Decem-ber of 2016 was replaced in March of 2018 and is currently sitting dormant in Defendants’ basement. However, there was not any lay or expert testimony indicating the unit installed was defective. Defendants’ son testified that the oil burner was not energy effi-cient, but there was not any indication that had the unit been completely installed by Plaintiff, it would not have been in proper working order.

CONCLUSION

The Court finds that Defendants are jointly liable under the contract between Plaintiff and Defendant Joan Young. Addition-ally, the Court finds that Defendants breached the contract by failing to pay the agreed-upon amounts. While the evidence dem-onstrated that Plaintiff did not fully perform under the contract, Plaintiff ’s full performance was excused as a result of Defendants’ actions prohibiting Plaintiff ’s access to the residence in order to complete its performance. Plaintiff established that it would have completed the work but for Defendants’ failure to correspond with Plaintiff in order to arrange a time for Plaintiff ’s staff to return to Defendants’ home. Accordingly, Plaintiff is entitled to the full benefit of its bargain with Defendant in the amount of $7,725.98.

ORDER

AND NOW, this 9 day of October, 2018, after non-jury trial on September 20, 2018,

IT IS ORDERED that for the reasons set forth in the ac-companying Memorandum Opinion, judgment is entered in favor of Plaintiff, Zongora Comfort Solutions, LLC, and against Defen-dants, Robert Young and Joan Young, in the amount of $7,725.98.

24

Page 57: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

25

LEHIGH LAW JOURNAL

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 represen-tatives 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 PUBLICATION

Bast, Joan M., dec’d.Late of the Township of Lower Macungie.Executor: Roger G. Bast c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726.Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hel-lertown, PA 18055-1726, (610) 838-6563.

Blewitt, James E., Sr., dec’d.Late of Germansville.Executor: Richard A. Blewitt c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 School-house Lane, P.O. Box 219, Center Valley, PA 18034-0219.

Booros, John Daniel a/k/a John D. Booros, dec’d.Late of Allentown.Executor: John F. Booros c/o James R. Wishchuk, JD, Es-

quire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360.Attorney: James R. Wishchuk, JD, Esquire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360.

Caballero, Higinio, dec’d.Late of 443 N. 10th Street, Al-lentown.Administratrix: Esther Cabal-lero c/o Feldman Law Offices, P.C., 221 N. Cedar Crest Blvd., Allentown, PA 18104.Attorneys: Priscilla Natale, Esquire, Feldman Law Offices, P.C., 221 N. Cedar Crest Blvd., Allentown, PA 18104.

Fisher, Joanne M., dec’d.Late of Allentown.Executor: John J. Fisher c/o Law Office of Michael Prokup, 2030 West Tilghman Street, Suite 201, Allentown, PA 18104.Attorney: Michael Prokup, Es-quire, 2030 West Tilghman Street, Suite 201, Allentown, PA 18104.

Galm, Teresa E., dec’d.Late of Whitehall.Executor: John A. Galm, III c/o Timothy J. Duckworth, Es-quire, 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017.Attorneys: Timothy J. Duck-worth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017.

Graber, T. Lorraine a/k/a Lor-raine Graber a/k/a Theresa L. Graber a/k/a Theresa Lor-raine Graber, dec’d.Late of 1618 W. Chew Street, Allentown.

Page 58: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

26

LEHIGH LAW JOURNAL

Personal Representative: Joan L. Hock c/o Michael A. Henry, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.Attorneys: Michael A. Henry, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Haines, Madlyn A., dec’d.Late of Allentown.Executor: John A. Haines c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 School-house Lane, P.O. Box 219, Center Valley, PA 18034-0219.

Koch, Carl R., Jr., dec’d.Late of Macungie.Executor: Steven A. Litz, Es-quire, 4744 Hamilton Boule-vard, Allentown, PA 18103.Attorney: Steven A. Litz, Es-quire, 4744 Hamilton Boule-vard, Allentown, PA 18103.

Krempasky, Paul P., Sr. a/k/a Paul P. Krempasky, dec’d.Late of Whitehall.Administrator: Steven E. Krempasky c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allen-town, PA 18102.

Krieger, Genevieve L. a/k/a Genevieve Krieger, dec’d.Late of the Township of Salis-bury.

Executrix: Amber D. Hester c/o Bradford D. Wagner, Es-quire, 662 Main Street, Hel-lertown, PA 18055-1726.Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hel-lertown, PA 18055-1726, (610) 838-6563.

Krupa, Anna Mae, dec’d.Late of Allentown.Executrix: Gloria M. Krupa c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Lee, Helen M., dec’d.Late of Center Valley, Upper Saucon.Executors: Susan Moyer, 6398 Chestnut Hill Rd., Coopersburg, PA 18036 and Scott Lee, 225 Montgomery Ave., Souderton, PA 18964.

Lichty, Kathryn L., dec’d.Late of Macungie.Executor: Lawrence J. Lichty c/o David M. Roth, Esquire, 123 North Fifth Street, Allentown, PA 18102.Attorney: David M. Roth, Es-quire, 123 North Fifth Street, Allentown, PA 18102.

Marth, William S., dec’d.Late of the Borough of Slating-ton.Executor: Daniel J. Marth c/o Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426.Attorney: Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426.

Page 59: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

27

LEHIGH LAW JOURNAL

Attorney: Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062.

Zentz, Robert H., dec’d.Late of Whitehall Township.Executrix: Audrey J. Fernald c/o James R. Wishchuk, JD, Esquire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360.Attorney: James R. Wishchuk, JD, Esquire, 2310 Walbert Av-enue, Suite 103, Allentown, PA 18104-1360.

SECOND PUBLICATION

Bennett, Harry S. a/k/a Harry S. Bennett, III, dec’d.Late of the City of Bethlehem.Executor: Robert S. Bennett c/o Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.Attorneys: Kevin F. Danyi, Esq., Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.

Bohning, Barbara A., dec’d.Late of South Whitehall Town-ship.Executor: Kevin F. Danyi, Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.Attorneys: Kevin F. Danyi, Esq., Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.

Bowen, Bruce David, dec’d.Late of Whitehall Township.Administratrix: Pamela Ann Smith c/o Law Offices of Leo T. White, LLC, 1220 Valley Forge Road, Suite 37B, Phoenixville, PA 19460.Attorney: Leo T. White, Esquire, 1220 Valley Forge Road, Suite 37B, Phoenixville, PA 19460.

Miller, Chester C., dec’d.Late of Allentown.Administratrix: Marilu A. Miller, 1440 W. Walnut St., Apt. 1605, Allentown, PA 18102.Attorney: Robert P. Daday, Es-quire, 1030 W. Walnut Street, Allentown, PA 18102, (610) 740-0300.

Shinsky, Kyle J. a/k/a Kyle Justine Shinsky a/k/a Kyle Shinsky, dec’d.Late of Allentown. Administrator: Kevin J. Shin-sky, 408 Jennifer Dr., Dresher, PA 19025.

Sokal, Ryszard a/k/a Richard Sokal, dec’d.Late of Allentown.Personal Representative: Urszu-la Sokal c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.Attorney: Peter P. Perry, Es-quire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.

Spinato, Margaret, dec’d.Late of Lower Macungie Town-ship.Administratrix: Linda Spinato a/k/a Linda M. Krug c/o Dan-iel M. O’Donnell, Esquire, Ma-loney, Danyi & O’Donnell, 901 West Lehigh Street, Bethlehem, PA 18018.Attorneys: Daniel M. O’Donnell, Esquire, Maloney, Danyi & O’Donnell, 901 West Lehigh Street, Bethlehem, PA 18018.

Stump, Betty L., dec’d.Late of Emmaus.Executor: Kevin Roger Stump c/o Michael Ira Stump, Esquire, 207 E. Main Street, Suite 100, Macungie, PA 18062.

Page 60: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

28

LEHIGH LAW JOURNAL

DeJesus, Yolanda, dec’d.Late of Allentown.Administratr ix : Yo l ines Melendez-DeJesus, 839 W. Gordon St., Apt. B, Allentown, PA 18102.

Dimeler, Robert E., Jr., dec’d.Late of Hanover Township.Administratrix: Jennie Eliza-beth Dimeler c/o Jeremy D. Wagner, Esquire, P.O. Box 323, Palmyra, PA 17078.Attorney: Jeremy D. Wagner, Esquire, P.O. Box 323, Palmyra, PA 17078.

Haverly, Rosalie M., dec’d.Late of Emmaus.Executor: Roger R. Coyle, 652 Walnut Street, Emmaus, PA 18049.Attorney: T. Benjamin Traud, Esq., 3055 College Heights Blvd., Ste. 2A, Allentown, PA 18104.

Horning, Evelyn L., dec’d.Late of the City of Bethlehem.Executor: Kevin F. Danyi, Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.Attorneys: Kevin F. Danyi, Esq., Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018.

Katchuk, Ronald A., dec’d.Late of Allentown.Administratrix: Rebecca I. Bennett c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Luettgen, Dolores L., dec’d.Late of Allentown.

Administrator CTA: Joseph Michael Luettgen c/o Eric R. Strauss, Esquire, Worth, Ma-gee & Fisher, P.C., 2610 Wal-bert Avenue, Allentown, PA 18104.Attorneys: Eric R. Strauss, Esquire, Worth, Magee & Fish-er, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Remaly, Samuel P., dec’d.Late of Whitehall.Executrix: Donna L. Remaly c/o Jeffrey F. Hussar, Esquire, 946 Third Street, Whitehall, PA 18052.Attorney: Jeffrey F. Hussar, Esq., 946 Third Street, White-hall, PA 18052.

Stauffer, Jean F., dec’d.Late of the Borough of Em-maus.Executor: Jeffrey A. Stauffer c/o Norris, McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.Attorneys: Robert E. Donatelli, Esquire, Norris, McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.

Weikel, Concetta M., dec’d.Late of 2354 Albright Avenue, Allentown.Executrix: Kathleen Cole c/o Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allen-town, PA 18104.Attorney: Linda S. Luther- Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104.

Yastishok, Mary a/k/a Mary K. Yastishok, dec’d.Late of S. Whitehall Twp.

Page 61: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

29

LEHIGH LAW JOURNAL

Executor: Mark A. Yastishok c/o C. Thomas Work, Esq., P.O. Box 679, Reading, PA 19603.Attorney: C. Thomas Work, Esq., Stevens & Lee, P.O. Box 679, Reading, PA 19603.

THIRD PUBLICATION

Betz, John A., dec’d.Late of Allentown.Executrix: Suzanne Powrie, 6242 Fairway Lane, Allentown, PA 18106.Attorney: Nancy K. Busch, Es-quire, 825 North 19th Street, Allentown, PA 18104.

Blay, Rose Ann, dec’d.Late of the City of Bethlehem.Executrix: Patricia Nonne- macher c/o Michael A. Santa-nasto, Esq., 210 E. Broad Street, Bethlehem, PA 18018.Attorney: Michael A. Santa-nasto, Esquire, 210 E. Broad Street, Bethlehem, PA 18018.

Christman, Florence B., dec’d.Late of Slatington.Executrix: Marie Becker.Attorneys: Thomas H. Din-kelacker, Esquire, Dimmich & Dinkelacker, P.C., 2987 Corpo-rate Court, Suite 210, Orefield, PA 18069.

Cooke, Catherine, dec’d.Late of Allentown.Executrix: Debra M. Triber, 2418 Lafayette Avenue, Bethle-hem, PA 18017.Attorney: James Martin Con-nell, Esquire, 251 East Broad Street, Bethlehem, PA 18018.

Demko, Rose, dec’d.Late of the Township of White-hall.Executrix: Kathleen Alesick c/o Dionysios C. Pappas, Esquire,

Vasiliadis Pappas Associates LLC, 2551 Baglyos Cirlce, Suite A-14, Bethlehem, PA 18020.Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis Pappas As-sociates LLC, 2551 Baglyos Cirlce, Suite A-14, Bethlehem, PA 18020.

Derrico, Dorothy E., dec’d.Late of Whitehall Township.Executrix: Gina M. Broken-shire c/o Edward H. Butz, Esq., 1620 Pond Road, Suite 200, Allentown, PA 18104-2255.Attorney: Edward H. Butz, Esq., 1620 Pond Road, Suite 200, Allentown, PA 18104-2255.

Drust, Martha F., dec’d.Late of the City of Bethlehem.Executrix: Krisann Albanese c/o Santanasto Law, 210 E. Broad Street, Bethlehem, PA 18018.Attorney: Michael A. Santa-nasto, Esquire, 210 E. Broad Street, Bethlehem, PA 18018.

Glase, William F., dec’d.Late of Allentown.Executor: Louis J. Hershman, 405 North Gilmore Street, Al-lentown, PA 18109.Attorney: Emil Giordano, Es-quire, 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020.

Harwi, Nina L., dec’d.Late of the Township of Wash-ington.Executrices: Cynthia L. Biege, Cathi Jane Zellner and Lisa Ann Harwi c/o James A. Wim-mer, Esq., 419 Delaware Ave-nue, P.O. Box 157, Palmerton, PA 18071.

Page 62: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

30

LEHIGH LAW JOURNAL

Attorneys: James A. Wimmer, Esq., Philip & Wimmer, 419 Delaware Avenue, P.O. Box 157, Palmerton, PA 18071.

Hayes, Ruth S., dec’d.Late of the City of Allentown.Executrix: Linda Hayes c/o Santanasto Law, 210 E. Broad Street, Bethlehem, PA 18018.Attorney: Michael A. Santa-nasto, Esquire, 210 E. Broad Street, Bethlehem, PA 18018.

Hughes, Margaret A., dec’d.Late of Trexlertown.Executor: Richard B. Hughes c/o Charles A. Waters, Es-quire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.Attorneys: Charles A. Waters, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Iacocca, Julius F., dec’d.Late of Allentown.Executor: Gary J. Iacocca c/o Law Office of Michael Prokup, 2030 West Tilghman Street, Suite 201, Allentown, PA 18104.Attorney: Michael Prokup, Es-quire, 2030 West Tilghman Street, Suite 201, Allentown, PA 18104.

Karabin, Olive, dec’d.Late of the Borough of Fountain Hill.Executrix: Natalie L. Ricci c/o Charles A. Waters, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080.Attorneys: Charles A. Waters, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Kemmerer, LaVonne D., dec’d.Late of S. Whitehall Township.Trustees: Craig Kemmerer, 1718 Becker Street, Allentown, PA 18106, Connie Fraind, 750 Old Lancaster Rd., Apt. B-304, Berwyn, PA 19312 and Kathi Badesso, 6714 Hollenbach Rd., New Tripoli, PA 18066.Attorney: Michelle L. Sanginiti, Esq., 166 Allendale Road, King of Prussia, PA 19406.

Kirby, Grace E., dec’d.Late of Macungie.Co-Executors: Eleanor K. Rau-denbush and Donald S. Young c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Kish, Christine Ann, dec’d.Late of Allentown.Executrix: Patricia Richardson c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Klase, Ruth E., dec’d.Late of Slatington.Executrix: Brenda K. Makar.Attorneys: Jeffrey R. Dimmich, Esquire, Dimmich & Dinkelack-er, P.C., 2987 Corporate Court, Suite 210, Orefield, PA 18069.

Kovacs, Violet I., dec’d.Late of Bethlehem.Executrix: Colleen M. Weiss, 80 Manor Pl., Oreland, PA 19075.

Page 63: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

31

LEHIGH LAW JOURNAL

Lenhart, Christine A., dec’d.Late of the Village of New Trip-oli, Township of Lynn.Co-Executors: Karen Mary Borzymowski a/k/a Karen M. Borzymowski and Ted Borzy-mowski a/k/a Theodore Borzy-mowski, 500 Cainwood Court, Fallston, MD 21047.Attorneys: John B. Lieberman, III, Esquire, Lieberman, Tamu-lonis & Hobbs, 111 East Market Street, P.O. Box 238, Pottsville, PA 17901-0238.

Mantz, Shirley L., dec’d.Late of the Township of South Whitehall.Executrix: Candyce J. Merkle c/o Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080.Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

McAndrew, Suzanne, dec’d.Late of Allentown.Administrator: John McAndrew c/o Daniel G. Dougherty, Esq., 881 3rd St., B-3, Whitehall, PA 18052.Attorney: Daniel G. Dougherty, Esq., 881 3rd St., B-3, White-hall, PA 18052.

Moroz, Julia M., dec’d.Late of Lehigh County.Executor: Dennis E. Moroz, P.O. Box 3, Glen Arbor, MI 49636.

Seyler, Nareetah K., dec’d.Late of Fogelsville.Co-Executors: Randy L. Seyler and Bonnie L. Best c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Shick, Mary K., dec’d.Late of 6745 Sweetwood Drive, Macungie.Executor: David Earl Krial a/k/a David E. Krial c/o Ed-ward P. Sheetz, Esquire, Gard-ner, Racines & Sheetz, 5930 Hamilton Boulevard, Suite 106, Allentown, PA 18106.Attorneys: Edward P. Sheetz, Esquire, Gardner, Racines & Sheetz, 5930 Hamilton Boule-vard, Suite 106, Allentown, PA 18106.

Tilli, Daniel, dec’d.Late of Bethlehem.Administratrix: Genevieve R. Rose, 104 Plush Street, Bangor, PA 18013.

Trapp, Mary Alice a/k/a Mary Trapp, dec’d.Late of the City of Allentown.Executor: Stephen Douglas Trapp a/k/a Stephen D. Trapp c/o Zator Law, 4400 Walbert Avenue, Allentown, PA 18104.Attorneys: Marissa R. Harper, Esquire, Zator Law, 4400 Wal-bert Avenue, Allentown, PA 18104.

Verholy, Anita M., dec’d.Late of 1768 Pinewood Drive, Alburtis.Personal Representative: Thom-as J. Verholy, Jr. c/o James A. Ritter, Esquire, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916.Attorney: James A. Ritter, Es-quire, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916.

Page 64: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

32

LEHIGH LAW JOURNAL

Zeller, Joseph R., dec’d.Late of New Tripoli.Executrix: Ann A. Wertman, 6617 Wieand Ct., New Tripoli, PA 18066.Attorney: Robert P. Daday, Es-quire, 1030 W. Walnut Street, Allentown, PA 18102, (610) 740-0300.

CORPORATE FICTITIOUS NAME NOTICE

NOTICE IS HEREBY GIVEN, pur-suant 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 or designation of

Name: ABE LANDSCAPE SUPPLY with its principal place of business at: 4770 S. Church St., Whitehall, PA 18052.

The name and address of the en-tity owning or interested in said busi-ness are: A.B.E. Fence, Inc., 4770 S. Church St., Whitehall, PA 18052. KEVIN T. FOGERTY, ESQ.1275 Glenlivet Dr.Suite 150Allentown, PA 18106

F-8

CHARTER APPLICATION—NONPROFIT

NOTICE IS HEREBY GIVEN that Articles of Incorporation have been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Incorporation pursuant to the Penn-sylvania Nonprofit Corporation Law of 1988, as amended.

The name of the corporation is:ALLASSO RECOVERY CENTER INC

The Articles of Incorporation (fil-ing date) December 3, 2018.

The purpose or purposes for which it was organized are as follows:

Said corporation is organized ex-clusively for the charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organiza-tions that qualify as exempt organiza-tions under section 501(c)(3) of the Internal Revenue Code, or the corr-esponding section of any future fed-eral tax code.

F-8

CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2019-C-0300

NOTICE IS HEREBY GIVEN that on January 29, 2019, the Petition of Judith D. and Keith J. Bleckley for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Peti-tioner from Sarah A. Bleckley to Al-exander J. Bleckley.

The Court has fixed March 29, 2019 at 9:30 A.M. in Courtroom No. 8, Lehigh County Courthouse, Al-lentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.

F-8

CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2019-C-0352

NOTICE IS HEREBY GIVEN that on February 4, 2019, the Petition of Manuel A. Rivera Lopez has been filed in the above named Court, praying for a Decree to change the name of minor child from Manuel A. Rivera Lopez to Evani Rose Lopez.

The Court has fixed April 1, 2019 at 9:30 A.M. in Courtroom No. 1A, Lehigh County Courthouse, Allen-town, Pennsylvania, as the date and

Page 65: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

33

LEHIGH LAW JOURNALplace for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.

F-8

NOTICE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Division—Law

DOCKET NO. 2018-C-1826

TODD L. CARLIERPlaintiff

vs.ROBIN LANG

Defendant

NOTICE

TO: ROBIN LANGYou 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 this Complaint and Notice are served, by entering a written ap-pearance personally or by attorney

and filing in writing with the Court your defense 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 to you for any money claimed in the Complaint or for any claim or relief requested in these papers 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 CAN-NOT AFFORD ONE, GO TO OR TELE-PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

BAR ASSN. OF LEHIGH COUNTYP.O. Box 1324Allentown, PA 18105-1324(610) 433-7094

GARRETT R. BENNER, ESQ.BENNER & TROVATO 2005 City Line RoadSuite 106Bethlehem, PA 18017 (610) 867-3900

F-8

Page 66: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

34

LEHIGH LAW JOURNAL

SHERIFF’S SALE OF VALUABLE REAL ESTATE

———The following Real Estate will be

sold at Sheriff ’s Sale At 10:00 A.M.

Friday, February 22, 2019

in the Courthouse, Fifth and Hamilton Streets

Allentown, Pennsylvania.

Purchasers Must Immediately Pay 10% of the Purchase Price by

Certified Check.TO ALL PARTIES IN INTEREST

and CLAIMANT:Upon all sales where the filing of a

Schedule of Distribution is required, the said Schedule will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale, and a Deed will be delivered to the PURCHASER and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter.

On sales where the filing of a Schedule of Distribution is not re-quired, a Deed will be delivered to the PURCHASER after the expiration of twenty (20) days from the date of sale, unless exceptions are taken to the sale within that period.

NO. 1

By virtue of a writ of execution No. 2017-C-3743, JPMorgan Chase Bank, National Association v. Sharon A. McCray, owner of property situate in the Township of Upper Macungie, Lehigh County, Pennsylvania, being 1109 Sparrow Way, Breinigsville, PA 18031.

Tax Assessment No. 54652192-0829-1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 2

By virtue of a writ of execution No. 2016-C-2305, Wilmington Savings Fund Society, FSB, As Trustee of Upland Mortgage Loan Trust A v. Angel M. Reyes a/k/a Angel Reyes; Ana Reyes; and United States of America, Department of the Treas-ury—Internal Revenue Service, own-ers of property situate in the Town-ship of Salisbury, Lehigh County, Pennsylvania, being 1537 Broadway, Bethlehem, PA 18015.

Tax Assessment No. 641699877-584 1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 3

By virtue of a writ of execution No. 2018-C-1022, The Bank of New York Mellon f/k/a The Bank of New York, As Successor in Interest to JPMorgan Chase Bank, As Trustee for Centex Home Equity Loan Trust 2003-A v. Unknown Heirs, Successors, Assigns and All Persons, Firms or Associa-tions Claiming Right, Title or Interest From or Under Richard Davis, De-ceased, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 952 North Street, Allentown, PA 18102.

Tax Assessment No. 54978260-8207-1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 4

By virtue of a writ of execution No. 2018-C-1990, Federal National Mort-gage Association (“Fannie Mae”) v. Diogenes Morales and Aracelis Mo-rales, owners of property situate in the City of Allentown, Lehigh County,

Page 67: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

35

LEHIGH LAW JOURNALPennsylvania, being 921 North 5th Street, Allentown, PA 18102.

Tax Assessment No. 64070526-9575-1.

Improvements thereon: Residen-tial dwelling.

Attorneys Martha E. Von Rosenstiel, P.C.

NO. 6

By virtue of a writ of execution No. 2018-C-1343, Wells Fargo Bank, N.A. v. Rufayda Alailan a/k/a Rufayda H. Alailan; Terry Sayegh, owners of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 838-840 Saint John Street, Allentown, PA 18103.

Tax Assessment No. 640616525-962-1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 7

By virtue of a writ of execution No. 2018-C-1397, Wells Fargo Bank, NA v. Rafael Baez, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 309-313 North Halstead Street a/k/a 309 N. Halstead St., Allentown, PA 18109.

Tax Assessment No. 640795122-669 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 8

By virtue of a writ of execution No. 2018-C-0834, Branch Banking & Trust Company s/b/m National Penn Bank s/b/m Keystone Nazareth Bank & Trust Company v. Kathleen

A. Fasching, owner of property situ-ate in the Township of Salisbury, Lehigh County, Pennsylvania, being 1723 33rd Street Southwest, Allen-town, PA 18103-6452.

Tax Assessment No. 54953480-7531 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 9

By virtue of a writ of execution No. 2017-C-0308, Wells Fargo Bank, N.A. v. Barry F. Sandt, owner of property situate in the Township of Lower Macungie, Lehigh County, Pennsyl-vania, being 6042 Eli Circle, Macun-gie, PA 18062-8215.

Tax Assessment No. 54746558-6266 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 11

By virtue of a writ of execution No. 2018-C-1797, Bank of America, N.A. v. Clayton DeCastro, owner of prop-erty situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 1548 Dale Lane, Bethlehem, PA 18018.

Tax Assessment No. 64189335-6251 1.

Improvements thereon: Residen-tial Property.

Attorney Michael T. McKeever, Esquire

NO. 12

By virtue of a writ of execution No. 2018-C-2058, U.S. Bank National Association, As Trustee for Residen-tial Asset Securities Corporation,

Page 68: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

36

LEHIGH LAW JOURNALHome Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KS1 v. Joseph J. Stetch a/k/a Joseph J. Stetch, Jr. a/k/a Joseph Stetch, Jr., owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 384 West Gordon Street, Allentown, PA 18102-3078.

Tax Assessment No. 64072331-0300 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 13

By virtue of a writ of execution No. 2018-C-1177, U.S. Bank National Association, As Indenture Trustee of the GMACM Home Equity Loan Trust 2006-HE4 v. Michele Caporin a/k/a Michele Newhouse; Robert Caporin, owners of property situate in the Township of Salisbury, Lehigh Coun-ty, Pennsylvania, being 2643 West Rock Road, Allentown, PA 18103.

Tax Assessment No. 640544728-017-1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 14

By virtue of a writ of execution No. 2017-C-2488, LSF9 Master Participa-tion Trust v. Judy Beil a/k/a Judy R. Beil; Andrew Beil, owners of prop-erty situate in the Township of Wash-ington, Lehigh County, Pennsylvania, being 8435 Woodside Road, Slating-ton, PA 18080.

Tax Assessment No. 55630170-4528 1.

Improvements thereon: Single family dwelling.

Attorneys Manley Deas Kochalski LLC

NO. 15

By virtue of a writ of execution No. 2018-C-1077, Finance of America Mortgage LLC v. Steven P. Detello, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 1647 North 16th Street, Allentown, PA 18104.

Tax Assessment No. 54972756-0420 1.

Improvements thereon: Single family dwelling.

Attorneys Manley Deas Kochalski LLC

NO. 16

By virtue of a writ of execution No. 2018-C-1163, Pennsylvania Housing Finance Agency v. Benjamin Rivera, owner of property situate in the City of Bethlehem, Lehigh County, Penn-sylvania, being 247 Liberty Street, Bethlehem, PA 18018-5437.

Tax Assessment No. 642736151-285 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 17

By virtue of a writ of execution No. 2018-C-1758, Wells Fargo Bank, NA v. Todd M. Gregory; Larry Meyers, Barbara Meyers, owners of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 3322 South Front Street, Whitehall, PA 18052.

Tax Assessment No. 54996071-3392 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Phelan Hallinan Diamond

& Jones, LLP

Page 69: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

37

LEHIGH LAW JOURNAL

NO. 18

By virtue of a writ of execution No. 2018-C-0370, Traditional Mortgage Acceptance Corp. v. Eileen Pastek, owner of property situate in the City of Bethlehem, Lehigh County, Penn-sylvania, being 1205 Eaton Avenue, Bethlehem, PA 18018.

Tax Assessment No. 642812122-541 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys McCabe, Weisberg & Conway, LLC

NO. 19

By virtue of a writ of execution No. 2018-C-1390, Federal National Mort-gage Association (“Fannie Mae”) v. Leonardo Rojas and Nancy Rojas and United States of America, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 1941 Chichester Crossing, Macungie, PA 18062.

Tax Assessment No. 54742606-0430 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys Martha E. Von Rosenstiel, P.C.

NO. 20

By virtue of a writ of execution No. 2012-C-0411, Wilmington Savings Fund Society, FSB, Doing Business As Christiana Trust, Not in Its Indi-vidual Capacity, But Solely As Trus-tee for BCAT 2015-13ATT v. Brian S. Liable and Vanessa L. Augello, own-ers of property situate in the Town-ship of Salisbury, Lehigh County, Pennsylvania, being 2007-2013 South Albert Avenue, Allentown, PA 18103.

Tax Assessment No. 64067270-6552-1.

Improvements thereon: Residen-tial Real Estate.

Attorneys Andrew J. Marley, Esquire

Stern & Eisenberg, PC

NO. 22

By virtue of a writ of execution No. 2017-C-1213, Pennsylvania Housing Finance Agency v. David S. Feather-man, owner of property situate in the Borough of Catasauqua, Lehigh County, Pennsylvania, being 232 2nd Street, Catasauqua, PA 18032.

Tax Assessment No. 64080885-7692-1.

Improvements thereon: A residen-tial dwelling house.

Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller

NO. 23

By virtue of a writ of execution No. 2017-C-2461, American Financial Resources, Inc. v. Deborah W. Leitch, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 758 North 9th Street, Allentown, PA 18102.

Tax Assessment No. 549783397-8531.

Improvements thereon: Residen-tial Dwelling.

Attorneys McCabe, Weisberg & Conway, LLC

NO. 24

By virtue of a writ of execution No. 2018-C-2048, CIT Bank, N.A. v. Un-known Heirs, Successors, Assigns and All Persons, Firms or Associa-tions Claiming Right, Title or Interest From or Under Jean M. Smith, De-ceased and Barbara E. Lilly, Known Heir to Jean M. Smith, Deceased,

Page 70: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

38

LEHIGH LAW JOURNALowners of property situate in the Township of Lynn, Lehigh County, Pennsylvania, being 7440 Al-lemaengel Road, New Tripoli, PA 18066.

Tax Assessment No. 54199640-4409 1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 25

By virtue of a writ of execution No. 2018-C-1328, U.S. Bank National Association v. Derrick Lawrence, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 935 West Chew Street a/k/a 935 Chew Street, Allentown, PA 18102.

Tax Assessment No. 54979104-4641 1.

Improvements thereon: Single Family Dwelling.

Attorneys Manley Deas Kochalski LLC

NO. 26

By virtue of a writ of execution No. 2017-C-3491, Ocwen Loan Servicing LLC v. Nancy E. Zupruk, owner of property situate in the City of Beth-lehem, Lehigh County, Pennsylvania, being 1427 Prospect Avenue, Bethle-hem, PA 18018.

Tax Assessment No. 641797933-944 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys McCabe, Weisberg & Conway, LLC

NO. 27

By virtue of a writ of execution No. 2018-C-1745, Nationstar Mortgage LLC d/b/a Mr. Cooper v. Francisco Mercado and Milagros Mercado, own-ers of property situate in the City of

Allentown, Lehigh County, Pennsyl-vania, being 1108 North Irving Street, Allentown, PA 18109.

Tax Assessment No. 64078933-6822-1.

Improvements thereon: Residen-tial dwelling.

Attorney Katherine M. Wolf, Esquire

NO. 28

By virtue of a writ of execution No. 2018-C-2073, Getter Memorial Church, NSAC v. Iglesia De Pentecos-tal “La Vid Verdadera” also known as Iglesia De Dios Pentecostal “La Vid Veradera”, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1123 and 1127 Oak Street, Allentown, PA 18102.

Tax Assessment Nos. 54978007-5380 1 and 549780070107 1.

Improvements thereon: Church and Parking Lot.

Attorneys Michael R. Nesfeder, Esquire

Fitzpatrick Lentz & Bubba, P.C.

NO. 29

By virtue of a writ of execution No. 2018-C-1903, Wells Fargo Bank, NA v. Jose A. Beltran, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1141 West Tilghman Street, Allen-town, PA 18102.

Tax Assessment No. 54977209-7550 1.

Improvements thereon: Single family dwelling.

Attorneys Cristina L. Connor, Esquire Manley Deas Kochalski LLC

NO. 30

By virtue of a writ of execution No. 2015-C-3111, U.S. Bank National Association v. Susan Nester (De-

Page 71: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

39

LEHIGH LAW JOURNALceased); Drake D. Nester, Known Heir of Susan Nester, Deceased; Unknown Heirs, Successors, Assigns and All Persons Firms or Associations Claim-ing Right, Title or Interest From De-cedent; Jared M. Pacchioli, Known Heir of Susan Nester, Deceased; Chandel M. Trumbauer, Known Heir of Susan Nester, Deceased, owners of property situate in the Township of Upper Milford, Lehigh County, Pennsylvania, being 5041 Vera Cruz Road, Emmaus, PA 18049.

Tax Assessment No. 54934663-5523-1.

Improvements thereon: Single family dwelling.

Attorneys Cristina L. Connor, Esquire Manley Deas Kochalski LLC

NO. 31

By virtue of a writ of execution No. 2018-C-1453, Pennymac Loan Ser-vices LLC v. George Nurse, owner of property situate in the City of Beth-lehem, Lehigh County, Pennsylvania, being 1967 Aripine Avenue, Bethle-hem, PA 18018.

Tax Assessment No. 64183454-4575 1.

Improvements thereon: A residen-tial dwelling.

Attorneys KML Law Group, P.C.

NO. 32

By virtue of a writ of execution No. 2017-C-3271, The Bank of New York Mellon f/k/a The Bank of New York As Trustee for the Certificatesholders of the CWABS Inc., Asset-Backed Certificates, Series 2007-12 v. Jorge P. Guelho, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 733 Mulberry Street, Allentown, PA 18102.

Tax Assessment No. 54979360-1684 1.

Improvements thereon: A residen-tial dwelling.

Attorneys KML Law Group, P.C.

NO. 34

By virtue of a writ of execution No. 2017-C-1562, Deutsche Bank Trust Company Americas, As Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2007-QS6 v. Kathleen Andrews, owner of property situate in the Township of Upper Milford, Lehigh County, Penn-sylvania, being 4911 Churchview Road, Zionsville, PA 18092.

Tax Assessment No. 54920867-9968-1.

Improvements thereon: A residen-tial dwelling.

Attorneys KML Law Group, P.C.

NO. 35

By virtue of a writ of execution No. 2018-C-1661, Bank of America, N.A. v. Lesbia E. Lozada and Geraldo Parra, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1140 North 18th Street, Allentown, PA 18104.

Tax Assessment No. 549724312-537 1.

Improvements thereon: Residen-tial Property.

Attorney Michael T. McKeever, Esquire

NO. 36

By virtue of a writ of execution No. 2016-C-3035, Deutsche Bank Na-tional Trust Company, As Trustee for Soundview Home Loan Trust 2007-WMC1, Asset Backed Certificates,

Page 72: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

40

LEHIGH LAW JOURNALSeries 2007-WMC1 v. Chandrowtie Bijnath and Parmanan Bijnath, own-ers of property situate in the Town-ship of Lower Macungie, Lehigh County, Pennsylvania, being 6832 Scenic View Drive, Macungie, PA 18062.

Tax Assessment No. 547356018-674-1.

Improvements thereon: Dwelling.Attorneys

Patrick J. Wesner, Esquire Parker McCay PA

NO. 37

By virtue of a writ of execution No. 2017-C-2172, Pennsylvania State Employees Credit Union v. Caroline F. Ritter, owner of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 741 East Lexington Street, Allentown, PA 18103.

Tax Assessment No. 64160578-55011.

Improvements thereon: A residen-tial dwelling.

Attorney Michelle Pierro, Esquire

NO. 38

By virtue of a writ of execution No. 2017-C-2423, Nationstar Mortgage LLC v. Steven J. Moyer, owner of property situate in the Township of

Washington, Lehigh County, Penn-sylvania, being 7917 Pennsylvania Route 873, Slatington, PA 18080.

Tax Assessment No. 55622609-8618 1.

Improvements thereon: Single family dwelling.

Attorneys Cristina L. Connor, Esquire Manley Deas Kochalski LLC

NO. 39

By virtue of a writ of execution No. 2018-C-0440, Lafayette Ambassador Bank v. James C. Russo and Lynda M. Russo and the United States of America, owners of property situate in the Township of Upper Macungie, Lehigh County, Pennsylvania, being 10031 Cormorant Drive, Breinigs-ville, PA.

Tax Assessment No. 54456455-5404 1.

Improvements thereon: Residen-tial Real Property.

Attorneys Marc A. Hess, Esquire

Henry & Beaver LLPJOSEPH N. HANNA Sheriff of Lehigh County, PA Sarah M. Murray, County Solicitor Richard Brent Somach Assistant County Solicitor

J-25; F-1, 8

Page 73: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

41

LEHIGH LAW JOURNAL

Page 74: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

42

LEHIGH LAW JOURNAL

You have rights. Lawyers protect them.Pennsylvania Bar Association

Bar Association of Lehigh County

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.

Page 75: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

43

LEHIGH LAW JOURNAL

ClassicalElegance

1114 W Walnut StreetAllentown | 610-433-6088 ext.12

www.thebarristersclub.com

A gracious facility for your social and business events....

weddings banquets parties exclusively partnered caterers

Page 76: Vol. LVIII Allentown, PA Friday, February 8, 2019 No. 32lehighbar.org/wp-content/uploads/2014/04/Lh-58_32Feb81.pdf · Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, February 11, 2019