Vol. LVIII Allentown, PA Friday, June 21, 2019 No. 51lehighbar.org/wp-content/uploads/2014/04/Lh-58_51June21.pdfA completed County application, cover letter, and resume are required

Vol. LVIII Allentown, PA Friday, June 21, 2019 No. 51

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

ZACHARY COHEN, Law Journal Committee Chair 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.

3

4

5

6

THE LAW OFFICE OF BROUGHAL & DeVITO, L.L.P.

IS PLEASED TO ANNOUNCE THAT

ANTHONY GIOVANNINI, JR.

HAS JOINED THE FIRM AS AN ASSOCIATE.

38 W. MARKET STREET • BETHLEHEM, PA 18018 TEL. (610) 865-3664 • FAX (610) 865-0969

E-MAIL: [email protected]

6-21

——————

THE LAW OFFICE OF BROUGHAL & DeVITO, L.L.P.

IS PLEASED TO ANNOUNCE THAT

ERIKA A. FARKAS

HAS JOINED THE FIRM AS AN ASSOCIATE.

38 W. MARKET STREET • BETHLEHEM, PA 18018 TEL. (610) 865-3664 • FAX (610) 865-0969 E-MAIL: [email protected]

6-21

7

NOTICE

The Court of Common Pleas of Lehigh County seeks a licensed Pennsylvania attorney to fill the part-time position of Family Court Hearing Officer. The individual will conduct child custody conciliation conferences and hearings. Experi-ence in mediation is desired. Experience in child custody law is required. This is a part-time county position, classified as Attorney IV. The hourly rate for the position is $54.93 for approximately 20 hours per week. The attorney who fills this position will be prohibited from practicing Family Law before a conference officer, hearing officer, permanent or standing master, or Judge of the Court of Common Pleas of Lehigh County. There is funding for this position through December 2019. Additional funding is being sought to extend the posi-tion beyond December 2019.

A completed County application, cover letter, and resume are required and must be submitted on the County website (www.lehighcounty.org) no later than 4:00 P.M. on Friday, June 28, 2019. Applicants can check the status of their ap-plication via the County’s website at www.lehighcounty.org under Employment Opportunities, Job Postings Status.

6-21

8

EARLY DEADLINE NOTICE FOR THE LEHIGH LAW JOURNAL

Advertisements for the July 5th issue of the Lehigh Law Journal must be received NO LATER THAN 2:00 P.M. ON Friday, June 28th.

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

6-14, 21, 28

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

9

Meckes vs. Godiska420

Lehigh 7-17 op

ANN MECKES, PLAINTIFF vs. DAVID GODISKA, OWNER NORTHAMPTON GALLERY PIANOS, DEFENDANT

Contracts—Unfair Trade Practices and Consumer Protection Law—Fraud—Counsel Fees—Buyer Obligations.

Plaintiff purchased a player piano from Defendant. The sales agreement included three tuning appointments to be performed by the Defendant after the piano was delivered to the Plaintiff ’s residence. Approximately one year later, seller had not yet tuned the pia-no. Plaintiff sued to recover the costs of the piano, plus fees. Plaintiff also alleged that pi-ano she purchased “new” was not a new piano but was actually 10 years old. Plaintiff filed suit averring breach of contract, fraud, and a violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Plaintiff also sought counsel fees.

Following a non-jury trial, the Court ruled in purchaser’s favor as to some components of the breach of contract count and ruled in seller’s favor as to the fraud and UTPCPL counts. The Court entered judgment in favor of the Plaintiff in the amount of $825.00, representing reimbursement for the piano tuning that was never performed and the cost to repair torn felt on a damper on the piano. However, the Court concluded Plaintiff was not entitled to reimbursement of the entire purchase price because she knowingly purchased a floor model piano at a significantly reduced price and received the benefit of her bargain. The Court rejected buyer’s claim for counsel fees because the buyer did not provide legal authority supporting such a claim.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Civil Division. No. 2018-C-1993. Ann Meckes, Plaintiff vs. David Godiska, Owner Northampton Gallery Pianos, Defendant.

Joseph M. ReibMan, esquiRe, on behalf of the Plaintiff.

DaviD GoDiska, Pro Se.

MEMORANDUM OPINION

Reichley, J.—April 18, 2019. Ann Meckes, Plaintiff, is suing David Godiska in his capacity as the owner of Northampton Gallery Pianos seeking damages stemming from Plaintiff ’s purchase of a piano from Defendant. For the reasons set forth herein, the Court enters judgment in favor of Plaintiff in the amount of $825.00.

Findings of Fact

1. In or about September of 2016, Plaintiff visited Northamp-ton Gallery Pianos where she looked at a Story & Clark Queen Anne Studio upright piano with a self-player.

2. On October 19, 2016, Plaintiff returned to Defendant’s store to purchase the upright piano. She tendered a check in the amount of $100.00 in order to place the piano on hold. (Exhibit P-3.)

Meckes vs. Godiska

10

Meckes vs. Godiska 421

Lehigh 7-17 op

3. Plaintiff testified that after tendering her check, she re-ceived a handwritten receipt acknowledging the deposit money (Exhibit P-2) and a brochure on the model of piano she had pur-chased.

4. The handwritten receipt provides:

Story & Clark Console Piano—Polished Mahogany

Player—with symphony—

Included

Delivery—Installation Setup

tuning—bench

full warranty.

(Id.)

5. The receipt did not list a delivery date, instead identifying it as “Tent Del.,” or tentative delivery. (Id.)

6. On May 6, 2017, Plaintiff returned to Defendant’s store and provided another $900.00 to satisfy the full deposit amount of $1,000.00. (Exhibit P-4.)

7. The total purchase price was $6,354.70. (Exhibit P-5.) Defendant testified that this figure was part of a package deal whereby the piano cost $4,995.00, delivery and installation cost $350.00, Defendant would perform three piano tunings for $375.00, Plaintiff would receive five QRS DVDs1 for $100, a ten-year war-ranty on parts and labor on the piano, a one-year warranty on the electronic components, and a DVD player and accessories for $175.00. (Exhibit D-1.)

8. Plaintiff paid for the balance due on the piano through Regency Financing Company. (Exhibit P-6.)

9. Plaintiff asserted that Defendant told her the piano was “wireless” with the capacity to download music from the internet to be used in conjunction with the player functionality. Defendant acknowledged that he indicated the QRS system was wireless, but

1Software that works in conjunction with a DVD player and the built-in components of the piano to make it a self-playing piano.

11


Lehigh 7-17 op

he explained that this referred to the DVD player being able to wirelessly communicate with the QRS receiver so that the DVDs used for the player function could be played from up to 300 feet away from the actual piano itself.

10. Plaintiff also testified that the piano was represented to her to be “new.” Defendant countered that he had advised her that it was a floor model and had been displayed at locations such as the Lehigh Valley Mall.

11. Subsequent to the delivery, the parties had arranged to have someone from Northampton Gallery Pianos travel to Plain-tiff ’s home to tune the piano. The appointment was cancelled, and despite arranging four other appointments, all of them were sub-sequently cancelled. The Plaintiff testified that she cancelled “one or two” of the appointments, and Defendant had cancelled one or two as well; conversely, Defendant insisted that Plaintiff was re-sponsible for cancelling all five appointments.

12. Plaintiff testified that in or about the Fall of 2017, she came to learn that the piano was over fifteen years old based on its serial number.

13. Plaintiff also testified that around Christmas of 2017, she learned that the piano bench she purchased as part of the transac-tion with Defendant was defective. She indicated that since the piano was out of tune and the tuning appointment had not yet occurred, she did not have the occasion to play the piano and therefore did not learn of the defect to the bench prior to that time.

14. Plaintiff testified she went to Northampton Gallery Pianos on two separate occasions to see the Defendant. On the first oc-casion, a clipboard was located outside and the door was locked. The clipboard contained an instruction to call the Defendant’s cell phone number. The Defendant acknowledged this, and testified that when she got ahold of him, he told her he would be there shortly, but she declined and said she would come back the next day.

15. The day after that interaction, Plaintiff arrived at the store around 12:30 p.m. The door was open, but Defendant was not present. Defendant testified that he had stepped out briefly for a nearby event when a local football celebrity was being honored.

12


Lehigh 7-17 op

Once again Plaintiff called his cell phone and Defendant told her he would be there in about an hour, but she indicated she was unable to wait. Defendant testified that despite the fact that Plain-tiff had told him she was coming that day, she had not established a time, so he did not know she would be there at 12:30.

16. Plaintiff presented expert testimony from John J. Zeiner, the owner of John J. Zeiner and Sons, which is another piano spe-cialist in the Lehigh Valley. Zeiner testified as an expert witness in the field of the appraisal value of pianos.

17. Mr. Zeiner appraised the piano on September 17, 2018 in conjunction with the instant litigation. He submitted an ap-praisal report (Exhibit P-13) which contained an appraised value of $2,550.00. His report noted the piano is in “very good condition” and had “very little use.” (Id.)

18. Mr. Zeiner indicated that the piano’s serial number, #E05173, shows that it was manufactured in approximately 2005. (Id.)

19. Plaintiff alleges that the Defendant knew or should have known the value of the piano despite selling it for roughly double its appraisal value. Plaintiff also asserts the Defendant knew the piano was not “new” at the time he sold it to her, and that he mis-represented its status as a new piano.

20. Defendant countered that he told Plaintiff it was a floor model, and that while it was not “used” (in the sense that it was not a pre-owned piano), it was not a brand new, never utilized piano. Defendant testified that the piano had been displayed at the Lehigh Valley Mall and at other venues complete with its self-player functionality. Nonetheless, he maintained that the piano was not a pre-owned instrument, and that he was open with the Plaintiff about that fact.

21. Defendant further testified that the price point at which he sold the piano actually represented a loss to his store, but he sold it for that price because the piano had been utilized as he described in its capacity as a floor model.

22. Defendant also testified that Plaintiff stated she wished to return the piano and receive a refund because she did not receive as much from a pension that she had anticipated.

13


Lehigh 7-17 op

23. Plaintiff denied making any statements to Defendant about a pension check or that she even received a pension.

24. There is not any dispute that the first time Plaintiff sought to return the instrument was in April of 2018, approximately a year and a half after she originally contracted to purchase it and nearly a year after she tendered the payment and received the piano.

25. On May 11, 2018, the day before a hearing in District Court on this matter, the Defendant provided the Plaintiff with a written warranty and an appraisal indicating the replacement value of the piano was $10,500.00 for insurance purposes.

Procedural History

Plaintiff filed her claim with the Honorable RoDney R. beck, the Magisterial District Judge for her district, in or around April of 2018. The parties had a hearing before Judge beck on May 12, 2018. On June 27, 2018, Judge beck entered a judgment in favor of the Defendant.

Plaintiff filed a Notice of Appeal on July 27, 2018. On Sep-tember 11, 2018, the matter was listed for arbitration. An arbitra-tion hearing was conducted on November 7, 2018, at which time both parties appeared without counsel. The arbitrators found in favor of the Defendant and entered judgment on November 7, 2018.

Plaintiff timely filed a Notice of Appeal on December 6, 2018. Following a status conference on January 24, 2019, the matter was listed for a non-jury trial. The Court conducted the trial on April 8, 2019, at which time both parties testified. At the close of the case, the Court took the matter under advisement.

This Opinion follows.

Discussion

Plaintiff ’s Complaint sets forth one count of Breach of Con-tract, one count of fraud, and one count of a violation of the Unfair Trade Practices and Consumer Protection Law.

With respect to the Breach of Contract action, Plaintiff alleges Defendant breached the parties’ contract by failing to follow up to tune the piano and “by failing to provide a warranty and appraisal

14


Lehigh 7-17 op

at the time of delivery or a reasonable time thereafter.” (Complaint ¶21.) Plaintiff ’s Pretrial Memorandum of Law expounds on this by noting that “Plaintiff paid the requested consideration, how-ever the piano was not tuned, and the warranty for the QRS System was not delivered until after it expired by its terms.” (Plaintiff ’s Pretrial Memorandum, at 3.)

In order to establish a claim for breach of contract, a plaintiff must prove “(1) the existence of a contract, including its essential terms, (2) a breach of the contract; and, (3) resultant damages.” 412 North Front Street Associates, LP v. Spector Gadon & Rosen, P.C., 151 A.3d 646, 657 (Pa. Super. 2016) (quoting Meyer, Dar-ragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., 635 Pa. 427, 137 A.3d 1247, 1258 (2016)). “Re-sultant damages” are the damages that are suffered from the breach. Id. (citing McShea v. City of Philadelphia, 606 Pa. 88, 995 A.2d 334, 340 (2010)). A party seeking to recover damages pursuant to a breach of contract “must show a causal connection between the breach and the loss.” Logan v. Mirror Printing Company of Altoona, Pa., 410 Pa. Superior Ct. 446, 448, 600 A.2d 225, 226 (1991).

Plaintiff paid $100.00 on October 19, 2016 to hold the piano, and paid another $900.00 on May 6, 2017 to tender the complete deposit and purchase the instrument. Exhibit P-2 is the receipt, which evidences the contract between the parties. The handwrit-ten receipt includes reference to Plaintiff ’s purchase of the piano with player functionality, as well as “Delivery—Installation—Setup—tuning—bench” and “full warranty.” (Exhibit P-2.) The evidence and testimony show that the Plaintiff received delivery of the piano shortly thereafter. Plaintiff also received the bench at the time the piano was delivered.

The parties agree that over the ensuing year leading up to the Plaintiff filing the instant litigation, the piano was not tuned pursu-ant to the contract. Defendant claims that Plaintiff “admitted” during the non-jury trial in this matter that she cancelled the five scheduled tuning appointments throughout the course of that year. Defendant’s assertion is incorrect; rather, Plaintiff agreed that she was responsible for cancelling two or three of the appointments. She claims that Defendant cancelled the rest. Regardless of which party was responsible for the cancellations, there is not a dispute

15


Lehigh 7-17 op

that the tuning has not occurred. According to the breakdown of-fered into evidence as Exhibit D-1, Plaintiff paid $375.00 for the three piano tunings. Recognizing that Plaintiff acknowledged cancelling at least some of the tuning appointments, the testimony of both parties was that the piano still has not been tuned pursuant to the contract. Consequently, Plaintiff is entitled to the reimburse-ment of $375.00 for services which were required under the con-tract, but which were not rendered.

Plaintiff also alleges the bench was damaged, a fact which she did not determine until approximately December of 2017, seven months after the bench was delivered to her possession. She as-serted that she did not learn that the bench was damaged until that time because the piano was not tuned, and therefore she did not have the occasion to sit on the bench or play the piano.

A buyer is obligated to make a reasonable inspection of items which are bought in order to ascertain their quality. Comfort Springs Corporation v. Allancraft Furniture Shop, 165 Pa. Supe-rior Ct. 303, 306, 67 A.2d 818, 820 (1949). “[T]he buyer must ex-ercise due diligence in inspecting goods purchased and in advising the seller of any imperfections[.]” Id. at 307, 67 A.2d at 820. The question of whether there was an unreasonable delay in notifying the seller of a defect is a question of law where the facts are un-disputed. Id. (citations omitted).

In this case, Plaintiff had the bench in her possession for seven months prior to noting any defect. This was not a reasonable period of time as a matter of law. While the bench was purchased as an accessory to the piano, which was not tuned during that pe-riod of time, the bench and the piano are separate pieces. Plaintiff could have inspected the bench, sat on it, or taken other steps within a reasonable period of time after receipt of the bench to confirm that the bench was not damaged. Because she did not do so, her discovery months later that the piano bench was in defective condition does not lead the Court to conclude the Defendant bears any liability for the condition of the bench.

Plaintiff also argues that the warranties she bargained for were not timely provided to her until the day before a hearing with the magistrate in this case, which was after the one-year warranty on the QRS system had already expired. As noted above, a plaintiff

16

NewsLine _________________June 21, 2019

The BALC Annual Picnic & Golf Outing will be

held on Monday,

July 15th at

Brookside

Country Club

We hope you will

join fellow members

and guests for this

longstanding

tradition.

Some of the highlights you can expect will be: Lunch on the

picturesque Brookside patio, a Tennis Clinic with Director of

Tennis, Robert Risboskin, Cocktail Hour, complete with open

bar (beer & wine) and Clams, Dinner, and of course, Golf! The

Pool will also be open to our membership for those who are

interested in lounging by the water.

For our avid Golfers...Golf Prizes Include:

• First Hole-in One on a specified hole wins $10,000

• Closet to the Pin Contest

• Longest Drive

• Pot of Gold

• & More

Lunch (11AM-1PM): Members-$20, Guests-$30

Dinner (5:30PM with Cocktail Hour to begin at 4:30 PM):

Members- $45, Guests-$50

Activity Day Pass (Tennis, Pool, Lunch, Cocktail Hour &

Dinner): Members- $60, Guests-$65

Golf Package (Lunch, Golf, Cocktail Hour & Dinner):

Members-$145, Guests- $175

Registration available at www.lehighbar.org Contact Erin at [email protected] or

610-433-6204 x 10 with questions. Event Schedule Subject to Change.

http://www.lehighbar.org/

mailto:[email protected]

NewsLine 2

New Member Breakfast on Thursday, June 27th at 8am

All BALC Members

are welcome to attend

this quarterly morning

event as a way to

introduce yourself to

some of our newest

attorney members.

Enjoy an early morning start at 8am, complete with

coffee and a hot breakfast. Please make an effort to

come meet the association's newest members!

Board Members & Committee Chairs are especially

encouraged to attend.

We know your time is valuable.

These meetings will be about an hour long.

Please RSVP your attendance directly to

[email protected]

or 610-433-6204 X15.

Thank you in advance for your participation.

CLE UPDATE for the week of: June 21, 2019

PBI Simulcast Seminar “Wage and Hour Law Update”

Tuesday, June 25, 2019

Here is your opportunity to hear the latest on wage and hour law. Find out how workers should be classified under the law. Discover what constitutes “working time”. Learn how to calculate overtime for non-exempt employees.

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

3 Substantive & 1 Ethics Credits To Register Call PBI @ 1.800.247.4724

PBI Simulcast Seminar “Cyber Liability:

Preventing, Responding and Resolving” Wednesday, June 26, 2019

Walk through a data breach scenario with PBI’s expert faculty. Do you know how to respond? Let PBI’s faculty be your guide. Don’t just worry about securing client data – learn how to prevent the breach in the first place, inventory data stores, destroy unnecessary files and encrypt files.

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

3 Substantive & 1 Ethics Credits (Integrated) To Register Call PBI @ 1.800.247.4724

CHANGE OF PBI POLICY

Because of low attendance at many PBI Simulcast seminars, PBI has adopted a policy to cancel programs when the registration does not justify the direct costs.

To avoid cancellation of seminars which you would like to attend, please pre-register.

Call the PBI Registration Number at: 1.800.932.4637 before the program rather than registering “at the door”

CLE Update 2

BALC LUNCH SEMINAR

“The New Guardianship Rules - Compliance” Presented by: Janet Thwaites, Esq., Eman Jarrah, Esq. and

Helen Stauffer, Esq. Thursday, June 27, 2019

Approved for 1 Substantive CLE & CJE Credit

Please join us for an informative seminar on the updated Guardianship Rules. Effective June 1, 2019, pursuant to the Pennsylvania Supreme Court, all previously promulgated local guardianship rules have been rescinded. This seminar will provide an overview of the revised rules, including how the changes will impact guardianship practice in Lehigh County.

The course is designed to provide insight on specific rule changes, including petition contents, notices, and presentation of expert testimony. The new qualification and reporting requirements to which guardians are subject will be discussed from the perspective of the Lehigh County Orphans’ Court, and counsel who serves as guardian.

Attorney Thwaites is the Counsel and Director of Operations of the Orphans’ Court Division of the Lehigh County Court of Common Pleas. She has heard uncontested §5511 hearings as Master since January, 2017; lectured frequently at the Bar Association of Lehigh County regarding Orphans’ Court Practice; has been a presenter at PBI’s annual Elder Law Institute and is a member of the Lehigh County Elder Abuse Task Force. She received her J.D. from the Rutgers-Camden School of Law and her B.A. from Smith College.

Attorney Eman Jarrah is the Deputy County Solicitor for Lehigh County. She counsels numerous county departments on various matters and also practices regularly before the Orphans’ Court. Attorney Jarrah has conducted training seminars on confidentiality of records and has also lectured at Moravian College. She was selected to the Pennsylvania Rising Stars and is a member of the Lehigh County Elder Abuse Task Force. She earned her J.D. from the University of Dayton School of Law in 2000 and her B.S. in Chemistry from Moravian College in 1997.

Attorney Stauffer is a sole practitioner and member of the Bar Association of Lehigh County. Her practice is in estate planning, estate/trust administration and Orphans’ Court matters. She currently serves as treasurer of Guardianship Support Agency, Inc., a 501(c)(3) charity which was created to accept court appointments to serve as guardian for incapacitated persons. She received her J.D. from Temple University and her B.A. from Ursinus College.

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]


CLE Update 3

PBI Simulcast Seminar The Best Retirement and

Estate Plans for Attorneys” Tuesday, July 9, 2019

Join Jim Lange, CPA/Attorney, as he walks you through this retirement and estate planning workshop, including both classic and new strategies to get the most out of your IRAs and retirement plans. Your spouse or partner can attend free of charge as the topics are not only critical for your financial well-being, but also for the long-term security of your family. (No CLE credits or course books included for non-paying partners/spouses).



PBI Simulcast Seminar “Construction Contract Drafting for Owners,

Developers and Tenants” Thursday, July 11, 2019

Join PBI’s veteran construction attorneys as they jointly present drafting tips and best practices for owners to consider when they begin a construction project. The presentation will range from simple concepts to complex contract provisions.

Themes will be: • Control of your project • Risk management • Dealing with architects • Surety bonds • Protection against crippling litigation

Registration: 8:30 AM; Tuition: $249.00 Seminar: 9:00 AM – 12:15 PM; 3 Substantive Credits

To Register Call PBI @ 1.800.247.4724

PBI Simulcast Seminar “Real Estate Agent and Broker Liability”

Tuesday, July 16, 2019

This course is presented simultaneously to Pennsylvania lawyers to defend and prosecute, civilly, real estate licensees for violations of common law and statutory duties. For real estate licensees, it is an in-depth study of well-established duties imposed by law and the standards of practice that establish the do’s and don’ts of day-to-day estate practice.

Registration: 8:30 AM; Seminar: 9:00 AM – 12:45 PM 2 Substantive & 1 Ethics Credits; Tuition: $249.00


CLE Update 4

PBI Simulcast Seminar “Maximizing the Outcome of

Personal Injury Cases” Wednesday, July 17, 2019

From intake to discovery to trial, a plaintiffs/defense step-by-step guide to both maximizing recoveries and defending the

catastrophic injury suit

The successful PI attorney, in both the plaintiffs and defense bar, is a master at weaving together procedure, evidence, negotiation strategy, and motion and trial practice to achieve the most advantageous outcome for the client.

Designed and taught by lawyers who are already doing what you want to do, this course will give you: A step-by-step overview of the personal injury trial and advice for avoiding the most common rookie mistakes. Tips for effectively screening a case for liability and damages. Strategies for conducting thorough investigations and productive interviews. Techniques for taking and defending depositions. An introduction to the rules of evidence so your evidence doesn’t get thrown out.

Program highlights: • Considerations for taking and beginning a case • Pleadings • Pre-trial motions • Fact-finding and discovery • ADR issues to consider • How to litigate the PI case • Preparing for your trial


4 Substantive Credits To Register Call PBI @ 1.800.247.4724

To Register for any Bar Association Breakfast, Lunch or Late Afternoon Seminar -

Call: 610.433.6401 Ext: 16; E-mail to: [email protected] or

Fax the Registration form to: 610.770.9826 Walk-ins are always welcome but pre-registration is encouraged for the purpose of apprising the caterer.

Walk-ins are not guaranteed a meal.


CLE Update 5

“BRIDGE THE GAP” PROGRAM FOR NEWLY ADMITTED ATTORNEYS

THURSDAY, JULY 18, 2019

The Bar Association of Lehigh County, sponsor of the Pennsylvania Supreme Court’s “Bridge the Gap” CLE program for newly admitted lawyers, announces that it will be presenting the program again at The Bar Association on Thursday, July 18, 2019, from 12:30 PM to 5:00 PM.

In 2002, the Supreme Court of Pennsylvania approved a rule change requiring newly admitted lawyers to complete the “Bridge the Gap” program by the end of their first compliance deadline. This four-hour program, revised in 2005, 2009 and again in 2018 to provide updated content and to focus on changes in the Rules of Professional Conduct, technology and diversity contains information to assist newly admitted lawyers in the transition from law student to attorney.

Approved for four hours of Ethics Credit, the program will be provided by BALC at a cost of $15.00 to any newly admitted attorney. The program is open to all lawyers. The cost to attorneys practicing two years or longer who have an interest in attending is $100.00.

Registration & Lunch: 12:00 Noon -12:30 PM Seminar: 12:30 PM – 5:00 PM (Breaks included)

Tuition: Newly admitted attorneys - $15.00 Attorneys practicing over 2 years: $100.00

4 Ethics Credits To register call Nancy @ 610.433.6401 Ext: 16

or E-mail: [email protected]


CLE Update 6

PBI Simulcast Seminar “A Day on Real Estate East” Thursday, August 1, 2019

Catch the best sessions of the 2018 Real Estate Institute! As real estate lawyers, you know that areas of your practice have changed dramatically over the last several years. Now, more than ever, you will want and need the information that A Day on Real Estate will provide. Offering a variety of sessions as well as the opportunity for updates on many different real estate law topics, this program provides one-hour segments packed full of practice tips and the latest legal information.



PBI Simulcast Seminar “The Brain”

Monday, August 5, 2019

From the lab to the legal profession: lessons from neuroscience The complicated, multidisciplinary and quickly developing field of neuroscience is not only leading to life-saving advancements in medicine, it is also making its mark on the justice system, revealing new findings that better define pain, intention and responsibility. Certainly not a new concept, “neurolawyering” is becoming increasingly more relevant in the legal practice for its many applications:

• Even a basic understanding can shape behavior and increase empathy for clients

• Mediation techniques that can counter the negative effects of stress and emotional turmoil

• Brain scans and biomarkers that are introduced as evidence of competency and culpability

• The science of decision-making and understanding juror behavior and negotiation

This exciting new seminar focuses on lawyer wellness and client issues and explores what we are learning about the connection between neuroscience and the law. Some developments in these areas are:

• Traumatic brain injury • Secondary responders and Post Traumatic Stress Disorder • Alzheimer’s disease and dementia • Pharmacological trends and addiction • Mindfulness and brain function under stress



CLE Update 7

PBI Simulcast Seminar “Practicing in New Jersey” Tuesday, August 6, 2019

This program is designed for the Pennsylvania practitioner who wants to acquire or update their knowledge and comfort level practicing in the New Jersey Superior Court setting. Attorneys who regularly practice in both Pennsylvania and New Jersey will address the differences in procedure, filing, motions practice, discovery and rules of evidence between the states and then delve into some specific types of cases to illustrate how these differences play out. Among the types of cases to be addressed are auto law, medical malpractice and premises liability matters.



PBI Simulcast Seminar “A Day on Ethics with Sean Carter”

Wednesday, August 7, 2019

Join Sean Carter as he presents a full day of Ethics adding his comedic talents to each topic. Morning Ethics Topic: “The Ethy Awards” Afternoon Ethics Topics: “If You Can’t Say Something Nice, Shut Up!” “Lawyers Gone Wild” “Technical Fouls”

Registration: 8:30 AM; Seminar: 9:00 AM – 1:15 PM Tuition: AM Session - $249.00; Full Day - $349.00

3 Ethics Credits for AM Session 6 Ethics Credits for Full Day


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

PLEASE READ ADVERTISEMENTS CAREFULLY BALC CLE Seminars will continue to serve

Breakfast / Lunch as usual

CLE Update 8

BALC LUNCH SEMINAR

“Pro Bono CLE, Emeritus Status and Other Creative Ways to Expand Access to Justice” Presented by: David K. Trevaskis, Esq.

Thursday, August 8, 2019 Approved for 1 Ethics CLE Credit Only

Pennsylvania lawyers have a duty to improve access to justice, encapsulated in Rule 6.1 of the Pennsylvania Rules of Professional Responsibility. That duty has been supported by new rules on getting CLE credit for doing pro bono work, on retired lawyers taking emeritus status to handle pro bono matters and by other creative means to expand access to justice. Come to this one-hour ethics session to explore these new avenues to support Rule 6.1.

David Keller Trevaskis, Esq., is an attorney and former third grade teacher with a Master’s Degree in Education. He is the Pro Bono Coordinator for Legal Services for the Pennsylvania Bar Association (PBA), responsible for assisting local bar associations, legal services programs and other groups who offer pro bono legal services across the Commonwealth. Trevaskis coordinates the PBA’s pro bono placement efforts, using the PALawHelp.org and PAprobono.net technologies to expand the resources for the neediest among us. He runs the PBA’s Pro Bono Office and the wide range of that work is viewable at http://www.pabar.org/public/probono/probonohome.asp. Trevaskis is a frequent presenter across Pennsylvania on civil legal aid and pro bono issues and is recognized as a national expert in public education about the law. He is the recipient of the 1996 Philadelphia Bar Association’s Leon J. Obermayer Education Award, a 2000 President’s Award from the Pennsylvania Bar Association for the Project PEACE anti-violence program he developed and still coordinates, the Philadelphia Bar Association’s Young Lawyer Division’s 2002 F. Sean Peretta Service Award, and a 2004 Chester County Bar Association President’s Award. In 2006, Trevaskis was the second recipient of the Compass Award, which was first given to United States Supreme Court Justice Sandra Day O’Connor.

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]

http://www.pabar.org/public/probono/probonohome.asp


CLE Update 9

PBI Simulcast Seminar “The Constitution”

Friday, August 9, 2019

Every lawyer who presents a Motion to Suppress or argues that the other side has not “met its burden” is standing on the backs of those who created the U.S. Constitution. But how many lawyers truly know the dramatic story of how – and why – this document came about?

Join PBI on a journey through time and space through the difficult months of debate that took place at the Constitutional Convention in Philadelphia; along the tortuous path to ratification and through the first years of implementation which gave flesh and blood to a vague and broad framework.

Meet some of the most interesting people who have ever lived along the way including Benjamin Franklin, James Madison, Thomas Jefferson, John Adams, Alexander Hamilton, George Washington and more.



The CLE Department has gone Green!

On December 18, 2018, BALC 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 (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.

http://www.lehighbar.org/

CLE Update 10

PBI Simulcast Seminar

“Attacking the Expert’s Opinion” Monday, August 12, 2019

The adverse expert is typically the most dangerous witness and at the same time, the most vulnerable. Most dangerous because he testifies cloaked in the mantle of the “unbiased scientist”; thus his testimony, if accepted by the jury, can determine a major issue, maybe the entire case. Yet most vulnerable because, unlike the fact witness who must defend only his first-hand observations, the expert witness must defend his testimony from attacks on a dozen fronts.

As seasoned litigators from all areas of practice have attested, this presentation elucidates the one-and-only logical method with which to effectively attack the purported scientific merits of any adverse expert’s opinion…no matter the field of expertise. Never again be the slightest intimidated when cross-examining any expert, even a “Mt. Olympus” one.

Topics include: • Scientific rules and Sir Francis Bacon • Experiential rules and the “you-gotta-trust-me” expert • Attacking the scope of expert’s expertise • Non-expert rules • Understanding expert’s weighing process • Two incredibly important and easy to master techniques • Attacks vs. expert’s claims re X factors • The certainty scale and two archetypal arguments • Six sources of assumptions • Seven potential flaws re the expert’s assumption • Attacking expert’s findings derived through expert means • Attacking expert’s findings derived through non-expert

means • Attacking expert’s double standard re case/career • Expert’s three, and only three, attacks vs. Y factors:

o Relevance o Not established o Weight



CLE Update 11

PBI Simulcast Seminar “Preparing the PA Inheritance Tax Return”

Wednesday, August 14, 2019

After starting off with a refresher on Pennsylvania inheritance tax law, you will walk through a series of examples of inheritance tax returns, from the simple estate to the more complex one. The experienced faculty will guide you through these sample estates highlighting the commonly mishandled items and other issues that can be particularly troublesome.

This program is a great opportunity to: Be sure you’ve picked up every deduction and credit available to you. Get practical tips about the documentation you should be attaching to your returns and the reasons it matters. Be updated on all that’s new. Brush up on what is and what is not subject to tax. Get tips for handling trusts, annuities, mutual funds and other non-probate assets. Clarify how and when the family-owned business exemption is used. Learn ways to avoid getting tripped up on remainder returns and future interest compromises. Understand how Schedule O raises potential personal liability implications for executors. Discover how the PA Supreme Court Public Access Policy applies.



PBI ANNOUNCEMENT November 1, 2018

PBI began 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.

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

[ ] June 27: “The New Guardianship Rules - Compliance” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] July 18: “Bridge the Gap” Registration and Lunch: 12:00 PM; Seminar: 12:30 PM – 5:00 PM

[ ] August 8: Pro Bono CLE, Emeritus Status and Other Creative Ways to Expand Access to Justice” 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.

PLEASE SUPPORT YOUR BAR ASSOCIATION’S LIVE SEMINARS


NewsLine 3

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.

NewsLine 4

June

June 24: Membership Committee Meeting 12pm

June 26: Bench Bar Committee Meeting 12pm

June 27: Bench Bar Liaison Committee Meeting 12pm

June 27: New Member Breakfast 8am

June 28: Medical Society Committee Meeting 12pm

July

July 4: BALC Office Closed

July 10: Women of the Bar Committee Meeting 12pm

July 15: Annual Picnic at Brookside Country Club

July 26: LCPA 9th Annual Luncheon 12pm

August

September

September 2: BALC Office Closed

September 10: Medical Society Dinner

September 11: Workers Comp Committee Meeting 12pm

September 18: Barristers Inn 5:30pm

September 19: Board Meeting 4:30pm


Lehigh 7-17 op

in a breach of contract case must prove that she suffered resultant damages, which are damages causally connected to the underlying breach. Logan, supra. In this case, Plaintiff did not prove any dam-ages stemming from the fact that she did not have the warranty documentation until after the period expired. There was not any testimony that Plaintiff sought to have the QRS system repaired consistent with the terms of the warranty. Plaintiff did not testify that she was forced to incur out-of-pocket expenses due to the fact that Defendant did not deliver the warranty paperwork to her during the life of the warranty. Because there is not any evidence that the Plaintiff actually incurred any damages as a result of the lack of the warranty documentation, this is not compensable.

An additional element of damages that Plaintiff established is that the piano has a defective condition. Mr. Zeiner noted that the piano’s condition had a defect with the dampers. In his report, Mr. Zeiner indicated, “New block felt should be replaced and the damper timing (with key) for all the dampers need to be adjusted.” (Exhibit P-13.) Mr. Zeiner testified that this repair would cost between $400.00 and $500.00. Because the piano had a defective condition about which the Court received uncontroverted testi-mony, an award of $450.00 to remedy that defect is appropriate based on the evidence and the testimony.

Based on the foregoing, the Plaintiff is entitled to recover $375.00, the amount she paid for piano tuning appointments that did not occur. She is not entitled to any damages stemming from the bench or the untimely delivery of the warranty documentation. She is also entitled to recover $450.00, the repair cost for the damper consistent with the report and testimony from Mr. Zeiner.

Plaintiff ’s second count sounds in fraud. To prove fraud, a plaintiff must establish six elements:

(1) a representation; (2) which is material to the transac-tion at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance.

Gibbs v. Ernst, 538 Pa. 193, 207, 647 A.2d 882, 889 (1994) (cita-tions omitted).

17


Lehigh 7-17 op

In support of Plaintiff ’s claim for fraud, Plaintiff alleges De-fendant made several false representations to her which induced her to purchase the piano. She claims that he represented the piano as new, that it was a self-contained player piano, that it would be tuned, that it came with a full warranty, and that its appraised value was $10,500.

Defendant testified that he told Plaintiff that the piano was new, but not brand new in its original box. Rather, the piano had been used as a floor model and was displayed at different venues. It was “new” in the sense that it had not ever been purchased by anyone prior to Plaintiff (as opposed to “used” or “pre-owned,” whereby the piano would have been owned by someone else prior to Plaintiff purchasing it from Defendant). Defendant testified that he explained this to some degree to the Plaintiff, and that it served as the basis for the price point at which he sold her the piano. Defendant indicated he sold the piano at a loss because he had used it for displays and as a floor model in his store.

Defendant further testified that he told Plaintiff that the piano came with a wireless QRS system. Plaintiff testified that it was her impression that this system would be able to download music from the internet wirelessly. Defendant testified that in this context, “wireless” meant that the DVD player used to operate the player piano functionality did not need to be physically attached to the piano in order to utilize it. It did not mean that the system could download music from the internet, contrary to Plaintiff ’s impression.

Based on the testimony of the parties, it appears that Defen-dant provided Plaintiff information about the piano. As a layperson in the field of pianos, Plaintiff may not have actually understood what Defendant was explaining. Plaintiff ’s characterization of the appraisal value of the piano as a misrepresentation (Defendant claimed it was worth $10,500.00, and Plaintiff ’s expert testified it is worth $2,550.00) is inaccurate. Defendant testified that the es-timate was the replacement value, and that the piano—if it were brand new in its original box—was worth significantly more than its sale price. The $10,500.00 was an estimate based on the replace-ment cost, not the value of the actual piano Plaintiff had appraised.

18


Lehigh 7-17 op

The Court does not agree with Plaintiff ’s assertion that the piano she received was not the piano she thought she was purchas-ing. The piano that she purchased was the same one she saw at the store. When she observed the piano, its player functionality was being shown off and the piano was in use as a floor model. Plaintiff knew that at least in that capacity, the piano was not “brand new” in the sense of coming straight from the factory. Additionally, while the serial number indicated that the piano was manufactured in 2005, more than ten years prior to the date Plaintiff purchased it, the fact that a piano was manufactured more than ten years prior to its purchase date does not automatically prohibit a seller from identifying it as a new, i.e., non-pre-owned, piano. Plaintiff did not contest Defendant’s assertion that if the piano came straight from the factory, it would have cost considerably more than the price Plaintiff paid for it.

Likewise, there was not any indication the piano did not come with a full warranty. Plaintiff indicated she did not receive the warranty documentation during the time one of the two warranties was active. This does not equate to the absence of a warranty on the QRS system. Plaintiff did not prove that she was not provided with a warranty for the piano; rather, she merely established that she did not timely receive the documentation for the warranty.

Plaintiff has not demonstrated that Defendant made any misrepresentations with respect to the parties’ contract for Plain-tiff to purchase the piano. Plaintiff received the piano she con-tracted to buy in the condition in which she saw it at Defendant’s store. The only aspect of the contract for which she did not receive the benefit of her bargain was the tuning. Based on the evidence and testimony before the Court, the Plaintiff did not prove fraud-ulent inducement by the Defendant. Accordingly, judgment with respect to Count II of Plaintiff ’s Complaint is entered in favor of Defendant.

Lastly, Plaintiff has advanced a claim under the Unfair Trade Practices and Consumer Protection Law (UTPCPL). The UTPCPL provides, in relevant part, that “[a]ny person who pur-chases ... goods or services primarily for personal, family or house-hold purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment

19


Lehigh 7-17 op

by any person of a method, act or practice declared unlawful under [the UTPCPL] may bring a private action to recover actual dam-ages or one hundred dollars ($100), whichever is greater.” 73 P.S. §201-9.2(a). The court also has discretion to award treble dam-ages, as well as costs and reasonable attorney fees. Id. One of the “unfair or deceptive acts or practices” identified in the statute is “[r]epresenting that goods are original or new if they are deterio-rated, altered, reconditioned, reclaimed, used or secondhand.” 73 P.S. §201-2(4)(vi). Additionally, a seller may not represent “that goods or services are of a particular standard, quality or grade ... if they are of another.” Id. §201-2(4)(vii).

Defendant testified that he made it clear to Plaintiff that he was selling her the piano she saw in the store. Significantly, Plain-tiff repeatedly testified that the piano was not usable, but she in-dicated this was because it was not properly tuned. While the parties debated the number of times each party was responsible for cancelling tuning appointments, the Court did not receive any testimony indicating that the piano is defective. Plaintiff received the instrument she contracted to purchase. She paid an agreed-upon price for that piano, which was lower than the “brand new” price for the same model, but higher than its appraised value. The price reduction stemmed from the fact that the piano was a floor model, which made it cheaper.

Plaintiff is not entitled to any damages under the UTPCPL because she did not prove that Defendant engaged in any unfair or deceptive acts or practices in the sale of the piano.2

Conclusion of Law

Plaintiff received the benefit of her bargain except for the tuning appointments that were included in the purchase price of the piano. She is not entitled to a refund of the purchase price, and

2Plaintiff has also requested counsel fees. The general rule in Pennsylvania is that “each party to adversary litigation is required to pay his or her own counsel fees.” Estate of Wanamaker, 314 Pa. Superior Ct. 177, 179, 460 A.2d 824, 825 (1983) (citations omitted). Absent a statute permitted the recovery of counsel fees, “recovery of such fees will be permitted only in exceptional circumstances.” Id. Plaintiff has not cited any statutory au-thority which would authorize her to recover counsel fees in this action. Consequently, the Court will not award her reimbursement of legal fees.

20


Lehigh 7-17 op

she is not entitled to any damages other than the reimbursement of the piano tuning appointment cost ($375.00), and the approxi-mate cost to repair the torn felt on the damper ($450.00). As a result, judgment is entered in favor of the Plaintiff in the amount of $825.00.

ORDER

AND NOW, this 18th day of April, 2019, after a nonjury trial conducted on April 8, 2019 in the within matter,

IT IS ORDERED judgment is granted in favor of Plaintiff, Ann Meckes, and against Defendant, David Godiska, Owner [of ] Northampton Gallery Pianos, in the amount of $825.00 for the reasons set forth in the accompanying Memorandum Opinion.

21

22

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

Cain, Gregory L., dec’d.Late of Catasauqua.Executrix: Chelonda Kornegay, 101 Court Three, Lot 2.3, La-Grange, NC 28551.

Cawley, Robert L., dec’d.Late of Lower Macungie Town-ship.Executor: Robert K. Cawley c/o Paul T. Fabiano, Esq., 6943 Sunflower Lane, Macun-gie, PA 18062.Attorney: Paul T. Fabiano, Esq., 6943 Sunflower Lane, Macungie, PA 18062.

Coringrato, June A., dec’d.Late of Allentown.Executrix: Charlett M. Kohler c/o Emily A. Zettlemoyer, Es-quire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Em-maus, PA 18049.Attorneys: Emily A. Zettle-moyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049.

Haberle, Violet R., dec’d.Late of Salisbury Township.

Executrix: Debra R. Hoffman c/o John O. Stover, Jr., Es-quire, 537 Chestnut Street, Emmaus, PA 18049.Attorney: John O. Stover, Jr., Esquire, 537 Chestnut Street, Emmaus, PA 18049.

Heffner, Mary L., dec’d.Late of 2535 Broder St. SW, Allentown.Personal Representative: Theo-dore P. Heffner c/o James A. Ritter, Esquire, 111 E. Harri-son St., Suite 2, Emmaus, PA 18049-2916.Attorney: James A. Ritter, Es-quire, 111 E. Harrison Street, Suite 2, Emmaus, PA 18049-2916.

Hutzayluk, Stephanie, dec’d.Late of Lower Milford Town-ship.Co-Administrators: David Hut-zayluk and Metro Hutzayluk c/o Emily A. Zettlemoyer, Es-quire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Em-maus, PA 18049.Attorneys: Emily A. Zettle-moyer, Esquire, Zettlemoyer Law Office, LLP, 53 North 3rd Street, Emmaus, PA 18049 and Peter E. Iorio, Esquire, Fitzpatrick, Lentz & Bubba, 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034.

Kowalski, Anna, dec’d.Late of Allentown.Executor: Myron Kowalski, 30 Hexenkopf Road, Easton, PA 18042.

LaFaver, Shirley M., dec’d.Late of the City of Allentown.Executor: Michael Heffernan c/o Amanda Racines Lovett,

23

LEHIGH LAW JOURNAL

Esquire, Gardner, Racines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.Attorneys: Amanda Racines Lovett, Esquire, Gardner, Ra-cines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.

Lagler, William Edward a/k/a William E. Lagler, dec’d.Late of Allentown City.Executrix: Roseanne E. Lagler c/o John O. Stover, Jr., Es-quire, 537 Chestnut St., Em-maus, PA 18049.Attorney: John O. Stover, Jr., Esquire, 537 Chestnut St., Emmaus, PA 18049.

Lehr, Emily D., dec’d.Late of Upper Saucon Town-ship.Executors: Walter F. Lehr and Dorothy E. Strong.Attorney: David M. Backen-stoe, Esquire, 148 Main Street, Hellertown, PA 18055.

McGoff, John W. a/k/a Jack McGoff, dec’d.Late of Allentown, Upper Ma-cungie.Executrix: Mari McGoff, 381 Sawgrass Dr., Allentown, PA 18104.

Smoyer, Earl D., dec’d.Late of South Whitehall Town-ship.Executrix: Barbara A. Fasolka c/o Traud Law Offices, 3055 College Heights Blvd., Ste. 2A, Allentown, PA 18104.Attorneys: T. Benjamin Traud, Esquire, Traud Law Offices, 3055 College Heights Blvd., Ste. 2A, Allentown, PA 18104, (610) 434-6945.

Tretter, Dolores M., dec’d.Late of Bethlehem.

Executor: John A. Tretter, III 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.

Vazquez, Elsa a/k/a Elsa Du-arte, dec’d.Late of Allentown.Administrators: Leila M. Duarte, Desi Wallace Duarte-Vazquez and Elsie Chiara Duarte c/o Vaughn A. Terri-noni, Esq., 3976 Township Line Road, Bethlehem, PA 18020.Attorney: Vaughn A. Terrinoni, Esq., 3976 Township Line Road, Bethlehem, PA 18020.SECOND PUBLICATION

Chalker, Catherine A., dec’d.Late of 5245 Sauerkraut Lane, Macungie.Personal Representatives: Di-ane A. Chalker and Lawrence D. Chalker, Jr. c/o Thomas A. Capehart, Esquire, Gross Mc-Ginley, LLP, 33 South 7th Street, P.O. Box 4060, Allen-town, PA 18105-4060.Attorneys: Thomas A. Cape-hart, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

DeFiore, Eugene P., dec’d.Late of Whitehall Township.Executrix: Karen Murphy, 5482 Second Street, Whitehall, PA 18052.Attorney: Karl F. Longenbach, Esquire, Attorney at Law, 425 W. Broad Street, Bethlehem, PA 18018.

24

LEHIGH LAW JOURNAL

Glass, Donald, dec’d.Late of Center Valley.Executor: Michael A. Ren-ninger c/o Noonan Law Office, 526 Walnut St., Allentown, PA 18101.Attorneys: Noonan Law Office, 526 Walnut St., Allentown, PA 18101.

Helmuth, Ronald J. a/k/a Ron-ald Helmuth, dec’d.Late of 522 Ninth Ave., Beth-lehem.Personal Representative: Ellen M. Helmuth c/o R. Nicholas Nanovic, Esquire, Gross Mc-Ginley, LLP, 33 South 7th Street, P.O. Box 4060, Allen-town, PA 18105-4060.Attorneys: R. Nicholas Nanovic, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Kedl, Irene, dec’d.Late of Coplay.Executors: Richard P. Kedl and Frank S. Kedl 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.

Keinert, Arthur S., dec’d.Late of Allentown.Executrix: Jessica Haas, 549 Broad St., Emmaus, PA 18049.

Kleintop, LaRue M., dec’d.Late of the City of Bethlehem.Executor: Jonathan O. Klein-top, 960 Highland Avenue, Bethlehem, PA 18018.Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014.

Knerr, Constance Jane, dec’d.Late of Allentown Borough.Executor: Travis M. Knerr c/o James R. Clark, Esquire, 277 Millwood Road, Lancaster, PA 17603.Attorney: James R. Clark, Es-quire.

Knerr, John Painter Creveling, dec’d.Late of Allentown Borough.Executor: Travis M. Knerr c/o James R. Clark, Esquire, 277 Millwood Road, Lancaster, PA 17603.Attorney: James R. Clark, Es-quire.

Kownacki, Emily, dec’d.Late of Whitehall Township.Executrix: Jean Hoopes, 5043 Elmhurst Drive, Schnecksville, PA 18078.

Mance, Mildred Marie a/k/a Mildred M. Mance, dec’d.Late of the Township of Macun-gie.Executrix: Cheryl Moroz c/o Norris McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.Attorneys: Judith A. Harris, Esquire, Norris McLaughlin, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.

Mannino, Luigi, dec’d.Late of Macungie.Executors: Antonio Mannino, 5231 Lower Macungie Road, Macungie, PA 18062 and Guiseppe Mannino, 5158 Cor-nerstone Road, Wescosville, PA 18106.Attorneys: William K. Mal-kames, Esq., Malkames Law Office, 509 W. Linden Street, Allentown, PA 18101.

25

LEHIGH LAW JOURNAL

Medernach, Edward Anthony a/k/a Edward A. Medernach, dec’d.Late of Alburtis.Executor: David E. Medernach, 10 Boulder Lane, Alburtis, PA 18011.Attorney: Kristofer M. Metzger, Esquire, 6666 Passer Rd., Suite #3, Coopersburg, PA 18036-1258.

Papsun, Margaret F. a/k/a Mar-garet Papsun, dec’d.Late of 4220 East Texas Road, Lower Macungie Township.Executor: Gary W. Papsun c/o Stuart T. Shmookler, Esquire, Gross McGinley, LLP, 33 S. 7th Street, P.O. Box 4060, Allen-town, PA 18105-4060.Attorneys: Stuart T. Shmookler, Esquire, Gross McGinley, LLP, 33 S. 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Serensits, Marie, dec’d.Late of 1177 Sixth St., White-hall.Executor: Kevin Serensits, 425 Oakwood Circle, Whitehall, PA 18052.

Tisdale, Paul M. a/k/a Paul Tis-dale, dec’d.Late of Germansville.Executor: Erik M. Strohl 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.

Weber, Melissa J. a/k/a Melissa Weber, dec’d.Late of 435 S. Berks Street, Al-lentown.

Personal Representative: Katie Lee Wells c/o R. Nicholas Nan-ovic, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.Attorneys: R. Nicholas Nanovic, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

THIRD PUBLICATION

Abramowitz, Arnold, dec’d. Abramowitz, Betty, dec’d.

Late of Lower Macungie Town-ship.Arnold Abramowitz and Betty Abramowitz Joint Revocable Trust Agreement Dated Janu-ary 30, 2002, as amended—Ad-ministrative Family Trust.Trustee: Ellen Winkler c/o Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051.Attorney: Jon A. Swartz, Es-quire, 7736 Main Street, Fogels-ville, PA 18051.

Abramowitz, Arnold, dec’d. Abramowitz, Betty, dec’d.

Late of Lower Macungie Town-ship.Arnold Abramowitz and Betty Abramowitz Joint Revocable Trust Agreement Dated Janu-ary 30, 2002, as amended—Survivor’s Trust.Trustee: Ellen Winkler c/o Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051.Attorney: Jon A. Swartz, Es-quire, 7736 Main Street, Fogels-ville, PA 18051.

Armstrong, Cleo E., dec’d.Late of the City of Allentown.Co-Executors: Raymond P. Armstrong and Charlene O. Mitchell c/o Gail Weiner Shear-

26

LEHIGH LAW JOURNAL

er, 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.

Bailey, James David, dec’d.Late of the City of Bethlehem.Administrator: Michael Rich-ard Bailey, 4611 8th Avenue, Temple, PA 19560.Attorney: Timothy B. Bitler, Esquire, 3115 Main Street, Birdsboro, PA 19508-8319.

Behringer, Ann L., dec’d.Late of Emmaus Borough.Executrix: Lisa Griesemer c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allen-town, PA 18104.Attorneys: Eric R. Strauss, Esquire, Worth, Magee & Fish-er, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Biggs, William H., dec’d.Late of the Township of Salis-bury.Executor: Darryl J. Biggs c/o Timothy J. Duckworth, Jr., Esquire, Mosebach, Funt, Day-ton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017.Attorneys: Timothy J. Duck-worth, Jr., Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017.

Faidley, Stephen Victor, dec’d.Late of Macungie.Administratrix: Angela D. Faid-ley c/o Vaughn A. Terrinoni, Esq., 3976 Township Line Road, Bethlehem, PA 18020.

Attorney: Vaughn A. Terrinoni, Esq., 3976 Township Line Road, Bethlehem, PA 18020.

Gibbon, John W., dec’d.Late of Allentown City.Administratrix: Wendy J. Ash-by, Esq., 314 West Broad St., Suite 118, Quakertown, PA 18951.Attorney: Wendy J. Ashby, Esq., 314 West Broad St., Suite 118, Quakertown, PA 18951.

Kistler, Ruth Norma a/k/a Ruth N. Kistler, dec’d.Late of the City of Allentown.Executrix: Pamela Denise Kist-ler c/o Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.

Leone, Ruth A., dec’d.Late of Emmaus.Executrix: Candice M. Leone.Attorneys: Robert M. Knauer, Esquire, Knauer & Davenport, 143 North Eighth St., Allen-town, PA 18101.

Lubell, Barbara, dec’d.Late of Allentown.Executors: Elyse Lubell Kas-kowitz and Scott K. Lubell 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.

Mattie, Maxine C., dec’d.Late of the City of Bethlehem.Executor: Richard L. Campbell, Esquire c/o Richard J. Schaed-ler, Esquire, Butterfield Joa-chim Schaedler Kelleher, 910

27

LEHIGH LAW JOURNAL

West Lehigh Street, Suite 200, Bethlehem, PA 18018.Attorneys: Richard J. Schaedler, Esquire, Butterfield Joachim Schaedler Kelleher, 910 West Lehigh Street, Suite 200, Beth-lehem, PA 18018.

Maxwell, Mayme V. a/k/a Vernell Maxwell, dec’d.Late of Allentown.Executrix: Velvet M. Hardcastle, 3511 Eton Rd., Allentown, PA 18104.

McDonald, Elaine J. a/k/a Elaine McDonald, dec’d.Late of Allentown.Executrix: Gloria K. Shelly 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.

Montrella, Elizabeth, dec’d.Late of 3821 W. Turner St., Al-lentown.Executor: James Montrella, 3821 W. Turner St., Allentown, PA 18104.

Nichols, Dianna a/k/a Diana Nichols, dec’d.Late of Allentown.Executor: Eugene Nichols, 2677 Milan St., Easton, PA 18045.

O’Donnell, Andrew a/k/a An-drew J. O’Donnell, dec’d.Late of Allentown.Executrices: Sheila O’Donnell and Patricia O’Donnell c/o An-drew V. Schantz, Esquire, Da-vison & McCarthy, P.C., Two City Center, 645 Hamilton Street, Suite 510, Allentown, PA 18101.

Attorneys: Andrew V. Schantz, Esquire, Davison & McCarthy, P.C., Two City Center, 645 Hamilton Street, Suite 510, Al-lentown, PA 18101.

Paret, Mildred, dec’d.Late of North Whitehall Town-ship.Executor: Ronald E. Paret a/k/a Ronald Emar Paret c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Reese, Evelyn R. a/k/a Evelyn Rose Reese, dec’d.Late of Macungie.Executor: Terry Lee Reese 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.

Riggall, Dorith Esmae a/k/a Dorith Allen Riggall, dec’d.Late of Whitehall.Executor: David T. Allen, 1640 Ashley Court, Kutztown, PA 19530.

Sonntag, Leonard A. a/k/a Leon-ard Sonntag, dec’d.Late of 2868 Edgemont Drive, Salisbury Township.Executor: Drew P. Sonntag c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Larry R. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

28

LEHIGH LAW JOURNALORPHANS’ COURT DIVISION

AUDIT LIST

JUDGE J. BRIAN JOHNSON

9:00 A.M.—JULY 5, 2019

Estates/Trust of: Atty.Exr. & Adm. Accts.Steven Ford Hohenshilt; S. EngelSally Jean Reiss; D. BergClara Carpenter; D. RothAllan W. Hansted; S. LauGeorge Hutnick; G.M. Hutnick, pro seTrust/Gdn./Agent Accts. Atty.Harry C. Trexler, Residuary Trust; S.

ShmooklerSheila Chunko, a minor; W. Widing,

IIIWendy A. W. Parr

C. of O.C. DivisionJ-21, 28

INDIVIDUAL 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: BUSINESS DIRECTORY NETWORK with its principal place of business at: 1719 Paxford Road, Al-lentown, PA 18103.

The name and address of the per-son owning or interested in said business are: Jennifer J. Furst, 1719 Paxford Road, Allentown, PA 18103.

J-21

CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2019-C-1820

NOTICE IS HEREBY GIVEN that on June 13, 2019, the Petition of JHODARI EIN REID for a Change of

Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from JHODARI EIN REID to JHODARI EIN SMITH.

The Court has fixed Wednesday, August 7, 2019 at 9:30 A.M. in Court-room No. 8, Lehigh County Court-house, Allentown, 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 Peti-tioner should not be granted.

J-21

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

In the Court of Common Pleas of Lehigh County, Pennsylvania

2017-C-2718

PNC BANK, NATIONAL ASSOCIATION

Plaintiff vs.

SANDRA I. ENDERDefendant

TO: SANDRA I. ENDER, DefendantYou are hereby notified that on

April 16, 2019, PNC Bank, National Association, filed a Writ of Execution in Mortgage Foreclosure, against the above Defendant at the above num-ber.

Property Subject to Foreclosure: 2778 Maryanne Way, Allentown, PA 18109.

NOTICE

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written ap-pearance personally or by attorney and filing in writing with the court your defenses or objections to the

29

LEHIGH LAW JOURNALclaims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Com-plaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN-NOT AFFORD ONE, GO TO OR TELE-PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRO-VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

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

NOTICE AVISO

Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia es-crita o en persona o con un abogado y entregar a la core en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se de-fiende, la corta tomara medidas y pueda continuar la demanda en contra suya sin previo aviso o notifi-cacion. A demas, la core puede deci-dir a fovor del demandante y requiere que usted cumpl acon todas las provisiones de esta demanda. Usted puede perer dinero o sus propiedades u otros derechos importantes para usted.

Lleve esta demanda a un abogado immediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio. Vaya en persona o

llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede con-seguir asistencia legal.

Lawyer Referral ServiceThe Lehigh County BarAssociationP.O. Box 1324Allentown, PA 18105-1324Telephone: (610) 433-7094

KEVIN J. CUMMINGS, ESQ. Pa. ID 209660 TUCKER ARENSBERG, PC Attorneys for PNC Bank, N.A.Plaintiff1500 One PPG Pl. Pittsburgh, PA 15222 (412) 566-1212

J-21

CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2019-C-1828

NOTICE IS HEREBY GIVEN that on June 14, 2019, the Petition of Thomas Allen Greer, Jr. for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Thomas Allen Greer, Jr. to Thomas Matthew Bielecki.

The Court has fixed August 9, 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.

J-21

LIMITED LIABILITY COMPANY NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the

30

LEHIGH LAW JOURNALpurpose of obtaining approval of a Limited Liability Company organized under the provisions of the Limited Liability Company Act approved De-cember 7, 1994, as amended (15 Pa. C.S. Sec. 8913).

The name of the limited liability company is:

RUSTIC WOODS CABIN LLC

The Certificate of Organization was filed on May 28, 2019.CURTIS C. CREVELING, ESQ. CREVELING, CREVELING &CAPPELLINI123 N. 5th Street Allentown, PA 18102 (610) 435-8711

J-21

31

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

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, June 24, 2019

Documents

Vol. LVIII Allentown, PA Friday, June 21, 2019 No. 51lehighbar.org/wp-content/uploads/2014/04/Lh-58_51June21.pdfA completed County application, cover letter, and resume are required