Joseph Stachnik Building & Construction, Plaintiff/Claimant … N... · 2017-07-14 · legal...

(USPS 395-280)VOL. LIX EASTON, PA May 18, 2017 NO. 72

CONTENTS

INSERT: Blue: 1. BarBuddies 2. 2017 Calendar 3. “Family Law and Worker’s Compensation Benefits” 4. Norfolk Tides vs. Lehigh Valley Iron Pigs

Cream: 1. “Act 170: Major Changes to Pennsylvania LLC and Partnership Laws”

2. Holiday Hope Chest Happy Hour 3. Pennsylvania’s Annual Attorney Registration for 2017 4. “Civil Practice and Procedure in N.C. Magisterial District Court” with

reception to follow

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by electronic, mechanical, photocopying, or any other means without the prior written permission of the copyright holder.

NOTICE TO THE BAR...Reporter Ad Submission Deadline Change – due to the Memorial

Day Weekend holiday, the new deadline to submit ads for the June 1, 2017 edition is Thursday, May 25th at noon.

Associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Limited Liability Company Notice . . . . . . . . . . . 9Litigation Paralegal (Bethlehem) . . . . . . . . . . . 32Notice of Appointment of Conservator . . . . . . . 9Red Mass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Sheriff ’s Sales . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Joseph Stachnik Building & Construction, Plaintiff/Claimant v. Joseph A. Manos and Patricia A. Manos, Defendants/Owners

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Northampton County ReporterAttorney Referral & Information Service

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

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

PBA (800) 932-0311—PBI (800) 932-4637

NORTHAMPTON COUNTY BAR ASSOCIATION2017 BAR ASSOCIATION OFFICERS

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

BOARD OF GOVERNORSDavid M. Backenstoe

Paul J. HarakRebecca Kulik

Jacqueline K. HolmesSteven B. Molder

Michael A. Santanasto Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta

Alyssa Lopiano-ReillyRichard P. Kovacs

Joel M. Scheer

BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalChristen T. Borso . . . . . . . . . . . . . . . .Attorney ReferralDeborah J. Flanagan . . . . . . . . . . . . . .Attorney Referral

The Northampton County Reporter will be published every Thursday by the Northampton County Bar Association, 155 South Ninth St., Easton, PA 18042-4399. All legal notices relating to the business of the county, are required by rule of Court, to be published in this Journal. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes to content.

Subscription Price—$75.00 per year.Periodical Postage Paid at Easton, PA and additional office.Postmaster: Send all communications and address changes to:

NORTHAMPTON COUNTY REPORTER155 South Ninth St., Easton, PA 18042-4399

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

Editor

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Armed Forces Day – May 20, 2017Freedom does not come without a price. We may sometimes take for granted the many liberties we enjoy in America, but they have all been earned through the ultimate sacrifice paid by so many of the members of our armed forces. ~ Charlie Dent

NOTICE TO NCBA MEMBERS – BAR NEWS

Donation of Old ClothingIf you are in the Spring Cleaning mode and plan to purge old suits, shoes,

ties and belts, consider donating those items to Court Administration for use by defendants in trial. Court Administration provides clothing as per the Judges’ requests to outfit them from the prison-wear to courtroom attire. Contact the Office of Court Administration with any questions.

Save the DatesAnnual Summer Outing – Thursday, July 20, 2017NCBA at the Iron Pigs – Tuesday, August 8, 2017

Barristers BoastHave you received an honor or award for community work? Do you have

a new grandchild? Have you heard good news about one of your NCBA colleagues that should be shared?

Good news items about fellow members should be sent to: [email protected].

NORTHAMPTON COUNTY REPORTER Vol. 59 No. 72 5/18/2017

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ESTATE AND TRUST NOTICESNotice is hereby given that, in the

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

FIRST PUBLICATIONBASTINELLI, MARY L., dec’d.

Late of the Township of Hanover, Northampton County, PACo-Executors: Mr. Alex Richard Bastinelli and Mr. Walter Bastinelli, Jr. c/o Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412Attorneys: Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412

CONSTANZA, LINDA M., dec’d.Late of Tatamy Borough, North-ampton County, PAExecutor: Joseph M. Constanza, 199 Shelley Street, Easton, PA 18045Attorney: Michael P. Gough, Esquire, P.O. Box 21222, Lehigh Valley, PA 18002

FREYERMUTH, HARLAN B., dec’d.Late of Bethlehem, Northampton County, PA

Executrix: Karen D. Newhard c/o Robert A. Weinert, Esquire, 512 Hamilton St., Suite 405, Allentown, PA 18101Attorney: Robert A. Weinert, Esquire, 512 Hamilton St., Suite 405, Allentown, PA 18101

GEYER, WILLIAM J., JR., dec’d.Late of the Township of Lower Saucon, Northampton County, PAExecutor: John Barrett GeyerAttorney: Mickey K. Thompson, Esquire, 1177 Sixth Street, Whitehall, PA 18052

KENNADY, ALAN B., dec’d.Late of the Borough of Pen Argyl, Northampton County, PAAdministrator: Steven N. Goudsouzian, Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283A t t o r n e y s : S t e v e n N . Goudsouz ian , Esqu i re , Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283

NEWHART, DALE E., dec’d.Late of the Township of Hanover, Northampton County, PAExecutors: Nancy L. Beichy and Dennis D. Newhart c/o William A. Duh, Esquire, 2046 Leithsville Road, Hellertown, PA 18055-0120Attorney: William A. Duh, Esquire, 2046 Leithsville Road, Hellertown, PA 18055-0120

RUDAS, MARYANN G., dec’d.Late of Lower Saucon Township, Northampton County, PAExecutrix: Melissa Pammer Rudas a/k/a Melissa P. Rudas c/o Daniel G. Dougherty, Esquire, 881 3rd St., Suite B-3, Whitehall, PA 18052


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Executors: Janice A. Cole and Frank J. Cole, Jr.Attorneys: Joseph J. Piperato, III, Esquire, Piperato Law Office, LLC, 3894 Courtney Street, Suite 105, Bethlehem, PA 18017

DOMIN, WALTER J., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Angela Osterhuber c/o George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

HENRY, HELEN I., dec’d.Late of 4024 Mountain View Drive, Danielsville, Northampton County, PAAdministrator: Preston G. Henry, 4024 Mountain View Drive, Danielsville, PA 18038Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067

LINTNER, EDWARD H. a/k/a EDWARD H. LINTNER, II, dec’d.Late of Lower Saucon Township, Northampton County, PAExecutor: Constantine M. Vasiliadis, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad Street, Suite 303, Bethlehem, PA 18018-5721Attorneys: Constantine M. Vasiliadis, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad Street, Suite 303, Bethlehem, PA 18018-5721

Attorney: Daniel G. Dougherty, Esquire, 881 3rd St., Suite B-3, Whitehall, PA 18052

SAVORY, ANNA J., dec’d.Late of Lehigh Township, Northampton County, PAExecutor: Peter F. Savory c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104Attorneys: Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104

SCHNECK, JAY R., dec’d.Late of the City of Easton, Northampton County, PAExecutrix: Nancy Stover c/o Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042Attorney: Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042

SCHNECK, JOAN N., dec’d.Late of the City of Easton, Northampton County, PAExecutrix: Nancy J. Stover c/o Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042Attorney: Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042

SECOND PUBLICATIONBRAIDO, ALDO, dec’d.

Late of the City of Bethlehem, Northampton County, PAExecutor: Joseph Braido, III, 3930 Mountain View Avenue, Easton, PA 18045Attorney: Paul J. Harak, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

COLE, FRANK J., SR., dec’d.Late of the Township of Palmer, Northampton County, PA


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Personal Representative: Domenic P. Sbrocchi c/o Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

SEIP, JOAN E., dec’d.Late of the Township of Palmer, Northampton County, PAExecutor: James M. Helm, 20 Woodshire Drive, Easton, PA 18042Attorneys: Robert A. Nitchkey, Jr., Esquire, Hemstreet, Nitchkey & Freidl, 730 Washington Street, Easton, PA 18042

ULIANA, LINDA L., dec’d.Late of the Township of Plain-field, Northampton County, PAExecutor: Elio Bernard Uliana c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

VERNA, PARTHENIA M. a/k/a DOLLY M. VERNA, dec’d.Late of Nazareth, Northampton County, PACo-Executrices: Nancy L. Sullivan and Susan M. Thomas c/o Steven B. Molder, Esquire, 904 Lehigh St., Easton, PA 18042Attorney: Steven B. Molder, Esquire, 904 Lehigh St., Easton, PA 18042

WELTY, CHARLOTTE E., dec’d.Late of the City of Bethlehem, Northampton County, PA

LUETTCHAU, NORMA E. a/k/a NORMA LUETTCHAU, dec’d.Late of Easton, Northampton County, PAExecutrix: Marie A. Luettchau c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069

MANNHERZ, RUTH C., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutor: Walter F. Mannherz c/o Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018

SABO, MARY MARCZYK, dec’d.Late of the City of Bethlehem, Northampton County, PAAdministratrix: Mary C. Gosztonyi, 5060 Chelsea Drive, Bethlehem, PA 18020

SANTORO, LISA R. MENZO, dec’d.Late of the Township of Palmer, Northampton County, PAAdministratrix: Patricia D. Menzo c/o Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283Attorneys: Goudsouzian & Asso-ciates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283

SBROCCHI, DONNA a/k/a DONATA SBROCCHI, dec’d.Late of Bethlehem, Northampton County, PA


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Executor: John C. Hafer c/o William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426

THIRD PUBLICATIONAYLWARD, MARY K., dec’d.

Late of the City of Bethlehem, Northampton County, PAExecutor: Kevin John Kostelnik c/o Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017Attorney: Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017

BENNER, SAMUEL K., SR. a/k/a SAMUEL KENNETH BENNER, SR., dec’d.Late of the Borough of Bath, Northampton County, PAExecutrix: Tammy Cruz c/o Robert E. Donatelli, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101Attorneys: Robert E. Donatelli, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101

CHRISTMAN, GLORIA M., dec’d.Late of the Township of Lehigh, Northampton County, PAExecutor: David Christman, 453 Walnut Drive, Northampton, PA 18067Attorneys: James A. Wimmer, Esquire, Philip & Wimmer, 419 Delaware Avenue, P.O. Box 157, Palmerton, PA 18071

DeLONG, LEO H., JR., dec’d.Late of Allentown, Northampton County, PAExecutrix: Wanda J. DeLong, 55 Hidden Meadow Drive, Easton, PA 18042Attorney: Margo S. Wiener, Esquire, 825 North 12th Street, Allentown, PA 18102

EDWARDS, THOMAS R., dec’d.Late of Easton, Northampton County, PAExecutor: Bruce Edwards, 7 Spencer St., Somerset, NJ 08873Attorney: Stacey Beecher, Esquire, 106 West High St., Milford, PA 18337

GOTTSCHALL, ALBERTA E., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Melanie Jane GaalAttorneys: Joseph J. Piperato, III, Esquire, Piperato Law Office, LLC, 3894 Courtney Street, Suite 105, Bethlehem, PA 18017

HAGEMAN, RICHARD H., dec’d.Late of the Township of Palmer, Northampton County, PAExecutor: Richard C. Hageman, 121 Pine Hollow Way, Saylors-burg, PA 18353

HASENECZ, ALEX, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutor: Timothy A. Hasenecz c/o Jay C. Glickman, Esquire, Rubin, Glickman, Steinberg & Gifford, 2605 N. Broad Street, P.O. Box 1277, Lansdale, PA 19446Attorneys: Jay C. Glickman, Esquire, Rubin, Glickman, Steinberg & Gifford, 2605 N. Broad Street, P.O. Box 1277, Lansdale, PA 19446


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HOLOTYAK, ANNA S., dec’d.Late of the Township of Bethlehem, Northampton County, PAExecutrices: Anna H. Sule a/k/a Anna M. Sule and Mary Jane Holotyak c/o Justin K. McCarthy, Esquire, 520 East Broad Street, Suite 108, Bethlehem, PA 18018Attorney: Justin K. McCarthy, Esquire, 520 East Broad Street, Suite 108, Bethlehem, PA 18018

HUMMER, DAVID E., dec’d.Late of Nazareth, Northampton County, PAAdministrator: Casey D. Hummer c/o Barbara Rush Renkert, Esquire, 2120 Northampton Street, Easton, PA 18042Attorney: Barbara Rush Renkert, Esquire, 2120 Northampton Street, Easton, PA 18042

KLINE, THERESA E., dec’d.Late of the Township of Moore, Northampton County, PAExecutor: John Petrilak, 99 Brainards Road, Phillipsburg, NJ 08865Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014

OLEWINE, ROSE A., dec’d.Late of Northampton, Northamp-ton County, PAExecutrix: Kathleen A. Carrer c/o William P. Bried, Esquire, Ritter & Bried, PC, 1600 W. Hamilton Street, Allentown, PA 18102-4287Attorneys: William P. Bried, Esquire, Ritter & Bried, PC, 1600 W. Hamilton Street, Allentown, PA 18102-4287

PIKE, GEORGE W., dec’d.Late of the Township of Plain-field, Northampton County, PA

Executrix: Karen Marie Zripko c/o Theodore R. Lewis, Esquire, Lewis and Walters, 46 S. 4th Street, P.O. Box A, Easton, PA 18044-2099Attorneys: Theodore R. Lewis, Esquire, Lewis and Walters, 46 S. 4th Street, P.O. Box A, Easton, PA 18044-2099

SENICK, PAUL M., II, dec’d.Late of Bethlehem, Northampton County, PAAdministrators: Paul M. Senick, Sr. and Jill M. Senick c/o William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517Attorney: William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517

SLAHTA, MICHAEL S., dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Lois J. Weidner c/o Mark P. Albright, Esquire, 403 Main Street, Hellertown, PA 18055-1721Attorney: Mark P. Albright, Esquire, 403 Main Street, Heller-town, PA 18055-1721

STEINER, JOHN R., SR., dec’d.Late of the Borough of Stocker-town, Northampton County, PAExecutor: Mark A. Steiner, 207 Brookfield Circle, Macungie, PA 18062Attorney: James J. Holzinger, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

WALTERS, VINCENZA A., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutrix: Mary Alice L. Einfalt c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South


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

ZIEGENFUSS, PENELOPE G., dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Brenda Lee Fritzinger c/o Mark P. Albright, Esquire, 403 Main Street, Hellertown, PA 18055-1721Attorney: Mark P. Albright, Esquire, 403 Main Street, Heller-town, PA 18055-1721

NOTICE OF APPOINTMENT OF CONSERVATOR

To: All former clients of the legal practice of Robert R. Schuster, Esquire, 1204 Maple Street, Bethlehem, PA 18018You are hereby notified that on

February 7, 2017, Lisa A. Bartera, Esquire was appointed as Conserva-tor of the legal practice of Robert R. Schuster, Esquire, deceased, who died on November 19, 2016. You are advised that you may need to obtain substitute counsel to handle any legal matters that were being handled by Attorney Schuster. If you do not have a lawyer or cannot afford one, contact the following office who can provide you with information about hiring a lawyer or information about agencies that may offer legal services to eligible persons at a reduced fee:

Attorney Referral & InformationService of the NorthamptonCounty Bar AssociationP.O. Box 4733Easton, PA 18043-4733(610) 258-6333If you wish to have your legal file

returned to you or to substitute

counsel, you must contact the under-signed within 30 days of the publica-tion of this notice or court approval will be sought to destroy your file.

LISA A. BARTERA, ESqUIRESANTANASTO LAW OFFICE

210 E. Broad StreetBethlehem, PA 18018(610) 849-1780 (office)(610) 360-1364 (office cell)

May 18, 25; June 1LIMITED LIABILITY COMPANY

NOTICENOTICE IS HEREBY GIVEN that

a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania on April 26, 2017, at Harrisburg, Pennsylvania for the purposes of obtaining a Certificate of Organization of a proposed Domestic Limited Liability Company to be organized under the provisions of the Pennsylvania Limited Liability Company Law of 1994, 15 Pa. C.S. §8901 et seq., and any successor statute as amended from time to time.

The name of the Limited Liability Company is:

INDUSTRIAL ELECTRO MECHANICAL, LLC

Christopher T. Spadoni, EsquirePa. I.D. No. 24817

1413 Easton AvenueP.O. Box 522Bethlehem, PA 18016-1409

May 18NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on May 4, 2017 the Petition of Amber LaBelle was filed in Northampton County Court of Common Pleas at No. C-48-CV-2017-003912, seeking to change the name(s) of minor child(ren) from Lilly AnnRayne Alderton to Lilly AnnRayne LaBelle.


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The Court has fixed Thursday, June 22, 2017 at 9:00 a.m., in courtroom #4 at the Northampton County Court-house, 669 Washington Street, Easton, PA 18042 as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

May 18NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on May 3, 2017, the Petition of Stacey Liebow was filed in Northampton County Court of Common Pleas at No. C-48CV2017-3911, seeking to change the name minor child from Lillian Gail Dynak to Lillian Gail Liebow. The Court has fixed Monday, June 19, at 9:00 a.m., in courtroom #4 at Northampton County Court-house as the date for the hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

May 18IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL DIVISION—LAWIN DIVORCE

ALECIA WOOTEN,Plaintiff

vs.ALBERT D. JAMES,

DefendantDOCKET NO. C0048CV2016-3086

NOTICETO: ALBERT D. JAMES

You have been sued in Court. If you wish to defend against the claims set forth in Plaintiff ’s Complaint, you must take prompt action. You are warned that if you fail to do so, the case may

proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children.

IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER’S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

BAR ASSN. OFNORTHAMPTON COUNTYP.O. Box 4733Easton, PA 18043-4733(610) 258-6333GARRETT R. BENNER, ESqUIRE

BENNER & TROVATO2005 City Line RoadSuite 106Bethlehem, PA 18017(610) 867-3900

May 18IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL ACTION—LAWIN DIVORCE

KATIE M. STOUT,Plaintiff

v.JOSE M. MORALES, JR.

DefendantNO. C-48-CV-2017-3535

NOTICE TO DEFEND AND CLAIM RIGHTS


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You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for the other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your Children.

When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at:

NORTHAMPTON COUNTYCOURTHOUSECIVIL DIVISION669 Washington StreetEaston, PA 18042IF YOU DO NOT FILE A CLAIM

FOR ALIMONY, DIVISION OF PROPERTY, LAWYER’S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES

TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.

LAWYER REFERRAL SERVICEP.O. Box 4733Easton, PA 18043-4733Telephone: (610) 258-6333

May 18MISCELLANEOUS LEGAL NOTICEIN THE UNITED STATES DISTRICT

COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NOTICE OF MARSHAL’S SALE OF REAL ESTATE

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE,

SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LaSALLE BANK

NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS J.P. MORGAN CHASE

COMMERCIAL MORTGAGE SECURITIES TRUST 2006-CIBC15,

COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,

SERIES 2006-CIBC15,Plaintiff

v.WALNUTPORT ASSOCIATES LP,

DefendantNO. 5:16-CV-04966-EGS

Marshal’s Sale of Real Estate on June 26, 2017, at 10:00 A.M., at the U.S. Marshals Service, 2110 U.S. Courthouse, 601 Market St., Phila-delphia, PA 19106.

TO BE SOLD: All that certain tract of land known as 200 S. Best Avenue, Walnutport, Northampton County, Pennsylvania, as more particularly described in Exhibit A to the Mortgage recorded on June 12, 2006, at Instru-ment Number 2006034939 with the Recorder of Deed for the County of Northampton.

SEIZED IN EXECUTION as the Property of WALNUTPORT ASSOCI-ATES, LP. Judgment entered October 28, 2016 in the amount of


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$10,365,531.07, plus interests and costs through the date of the Marshal’s sale.

The improvements are commer-cial.

10% of the bid is due at the time of sale in the form of money order, cashier’s check or certified funds (no cash); the balance is due 10 days after the Court confirms the sale. Other terms and conditions to be announced at the sale. Schedule of Distribution will be filed by Plaintiff ’s attorney within 30 days of the date of sale.

For more information, contact Daniel Mullin, Esq. at (215) 665-8500.

Apr. 27; May 4, 11, 18ASSOCIATE

Allentown Office: The Workers’ Compensation Department has an immediate opening in Allentown for an associate with 2-4 years’ experi-ence with workers’ compensation matters. Must be licensed to practice in Pennsylvania. Also licensed to practice in New Jersey is preferred. Excellent written and oral advocacy skills required. Competitive salary and full benefits.

Resumes, with cover letter, should be sent by regular mail or electroni-cally (preferred) to: Hiring Partner, Post & Schell, P.C., Four Penn Center, 1600 John F. Kennedy Boulevard, Philadelphia, PA 19103,[email protected].

May 18, 25ATTORNEY

Post & Schell’s Casualty Litigation Department is currently seeking an attorney with 1-2 years of litigation experience, preferably in casualty liability matters, for the Firm’s Allentown Office. Top notch academic background as well as excellent written and oral advocacy skills required. Judicial clerkship a plus. Competitive salary and full benefits.

Resumes, with cover letter, should be sent by regular mail or electroni-cally (preferred) to: Hiring Partner, Post & Schell, P.C., Four Penn Center, 1600 John F. Kennedy Boulevard, Philadelphia, PA 19103,[email protected].

May 18, 25SHERIFF’S SALE OF

VALUABLE REAL ESTATEThe following real estate will be

sold by the Sheriff of Northamp- ton County, Pennsylvania, on JUNE 9, 2017, at ten o’clock a.m. in the COUNCIL CHAMBERS, THIRD FLOOR, of the North amp ton County Government Center, within the City of Easton, County of North amp ton and State of Pennsylvania, to wit:

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

No. 1 BY VIRTUE OF A CERTAIN

WRIT OF EXECUTION CV-2016-05826

Location:758 Wood Street, Bethlehem, PA

18018Parcel ID:P6NE2A/19/9/0204Reputed Owner:Donald J. DimmickALL THAT CERTAIN messuage,

tenement and lot or piece of land situate on the easterly side of Wood Street in the City of Bethlehem, County of Northampton and Commonwealth of Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Donald J. Dimmick by deed from Donald J. Dimmick and Kathleen Rheiner, said deed dated 01/12/1996 and recorded


13

01/18/1996 in Volume 1996-1, page 004915.

Improvements:Thereon being erected a two-story

row home with vinyl siding, brick and stucco exterior, shingle roof and detached two-car garage.

Attorneys:KML Law Group, PC



Location:3451 Fox Drive, Bethlehem, PA

18017Parcel ID:M6SE2/2/1/0204Reputed Owners:Patrick F. Nocera and Lynn A.

Nocera a/k/a Lynn NoceraALL THAT CERTAIN property

situated in the City of Bethlehem, County of Northampton and Commonwealth of Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Patrick Nocera and Lynn Nocera, h/w, by deed from Kelley C. Rambo a/k/a Kelly Clifford Rambo, Attorney-in-Fact for John W. Hall and Kimberly Hall, his wife, said deed dated 04/ 16/1992 and recorded 04/23/1992 in Book 870, page 376.

Improvements:Thereon being erected a split-level

dwelling with aluminum siding, brick and stucco exterior, shingle roof, attached two-car garage and in-ground pool.




Location:174 Augusta Terrace, Easton, PA

18042

Parcel ID:M10/3/41-174/0836Reputed Owners:Judith Dempsey-Ortleb a/k/a

Judith A. Dempsey-Ortleb and Robert F. Ortleb a/k/a Robert F. Ortleb, Jr.

ALL THAT CERTAIN Unit NO. 174 in the property known, named and identified as Country Classics at Morgan Hill, a condominium located in Williams Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Robert F. Ortleb, Jr., and Judith Dempsey-Ortleb by deed from Country Classics at Morgan Hill, LLC, said deed dated 01/28/2004 and recorded 02/ 11/2005 in Book 2005-1, page 54481.


townhouse with vinyl siding, shingle roof and attached one-car garage.




Location:501 Highlands Boulevard, Easton,

PA 18042Parcel ID: M10/2/10-14/0310Reputed Owner:Brian q. DavisALL THAT CERTAIN lot of land,

together with the buildings and improvements thereon, situated in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Brian q. Davis by deed from KMK Land Asso-ciates, Inc., a Pennsylvania Corpora-tion, said dated 06/15/2006 and


14

recorded 06/22/2006 in Book 2006-1, page 251781.


single dwelling with vinyl siding, shingle roof and attached two-car garage.




Location:2111 Boyd Street, Bethlehem, PA

18017Parcel ID:N7NW4C/3/8/0204Reputed Owner:Francis MacklinALL THAT CERTAIN parcel of land

situated in Bethlehem City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Daniel Alonzo and Elizabeth Alonzo a/k/a Elizabeth A. Christ, CoExecutives of the Last Will and Testament of Juliana Alonzo, deceased, by deed dated 09/28/2006 and recorded 09/29/2006 in Book 2006-1, page 404137, granted and conveyed unto Francis Macklin, single.

Improvements:Thereon being erected a ranch-

style dwelling with aluminum siding, shingle roof and attached one-car garage.

Attorneys:Shapiro & DeNardo, LLC



Location:2328 East Boulevard, Bethlehem,

PA 18017

Parcel ID:N7NW1C/15/2/0204Reputed Owner:Sandra Frable, in her capacity as

Heir of Alma K. Kuehner a/k/a Alma Pearl Kuehner, deceased

ALL THAT CERTAIN lot or parcel of ground situate along the east side of East Boulevard between Spring Garden Street and Lewis Street in the Fourteenth (14th) Ward of Bethlehem City, Northampton County, Pennsyl-vania.

TITLE TO SAID PREMISES is vested in Alma K. Kuehner by deed from Alma K. Kuehner and Sandra K. Frable, said deed dated 05/ 24/2007 and recorded 05/29/2007 in Book 2007-1, page 196700.


single dwelling with aluminum siding and brick exterior, shingle roof and attached one-car garage.

Attorneys:Phelan Hallinan Diamond &

Jones, LLPNo. 7

BY VIRTUE OF A CERTAIN WRIT OF EXECUTION

CV-2016-05298Location:226 Sonny Drive, Wind Gap, PA

18091Parcel ID:G7/12/1R/0406Reputed Owner:Jenny HarrisonALL THAT CERTAIN messuage or

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

TITLE TO SAID PREMISES is vested in Jenny Harrison by deed from Wildflower Estates, LLC, a New Jersey Limited Liability Co., said deed dated 09/25/2008 and recorded


15

09/26/2008 in Book 2008-1, page 267401.

Improvements:Thereon being erected a Colonial-

style dwelling with vinyl siding and fieldstone exterior, shingle roof and attached two-car garage.


Jones, LLPNo. 8


CV-2016-06401Location:236-240 West Madison Street,

Easton, PA 18042Parcel ID:L9SE3A/10/13/0310Reputed Owners:Percy L. Prattis and Evelyn E.

Prattis, individually and as Trustees of the Percy L. Prattis and Evelyn E. Prattis Revocable Living Trust, Dated February 18, 2005; and The Percy L. Prattis and Evelyn E. Prattis Revocable Living Trust, Dated February 18, 2005

ALL THAT CERTAIN parcel of land situate in Easton City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Percy L. Prattis and Evelyn E. Prattis, Trustees of the Percy L. Prattis and Evelyn E. Prattis Revocable Living Trust, Dated February 18, 2005, by deed from Percy L. Prattis and Evelyn E. Prattis, h/w, said deed dated 02/18/2005 and recorded 03/01/2005 in Book 2005-1, page 72489.


single dwelling with vinyl siding and brick exterior and shingle roof.


Jones, LLP



Location:3172 Apollo Road, Bethlehem, PA

18017Parcel ID:M6SE4/7/16D/0204Reputed Owners:Elias Gharzouzi a/k/a Elias G.

Gharzouzi; Diane Gharzouzi a/k/a Diana Gharzouzi; and USA

ALL THAT CERTAIN tract or parcel of land located on the northwesterly side of Apollo Drive, situate in the Fourteenth Ward of Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Elias Gharzouzi and Diane Gharzouzi, h/w, by deed from Nicholas V. Tsamoutalidis and Rita J. Tsamoutalidis, h/w, said deed dated 05/29/2008 and recorded 06/02/2008 in Book 2008-1, page 161964.


style dwelling with stucco exterior, shingle roof and attached two-car garage.


Jones, LLPNo. 10


CV-2016-09283Location:1820 Livingston Street, Bethlehem,

PA 18017Parcel ID:N7SW1B/5/10/0204Reputed Owners:Edward C. Miller, Jr., and Deborah

Brobst, as Heirs of Ingeborg Miller, deceased; and Unknown Heirs, Successors, Assigns and All Persons,


16

Firms or Associations claiming right, title or interest from or under Ingeborg Miller, deceased

ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in the 15th Ward of Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Ingeborg Miller by deed from Edward C. Miller and Ingeborg Miller, his wife, said deed dated 08/24/2005 and recorded 09/12/2005 in Book 2005-1, page 351670.


style half-double dwelling with aluminum siding and brick exterior and shingle roof.


Jones, LLPNo. 11


CV-2016-09808Location:2617 Anthony Court, Easton, PA

18045Parcel ID: M9/30/3-13/0324Reputed Owner:James JacksonALL THAT CERTAIN piece, parcel

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

BEING THE SAME PREMISES which Rosalie Depergola, by deed dated 11/10/2012 and recorded 11/20/2012 in Book 2012-1, page 278566, granted and conveyed unto James Jackson.


row home with brick exterior, shingle roof and attached one-car garage.

Attorneys:Richard M. Squire & Associates,

LLCNo. 12


CV-2016-06168Location:4401 Richmond Road, Easton, PA

18040Parcel ID:J9/5/5L/0311Reputed Owners:Carolyn Hawk, Cindy Heffner and

Edwin H. HeffnerALL THAT CERTAIN tenement and

lot or piece of land situate in Forks Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES I svested in Edwin H. Heffner and Cindy Heffner, h/w, by deed from Willard W. Hawk and Carolyn Hawk, his wife, and Edwin H. Heffner and Cindy Heffner, his wife, said deed dated 11/01/1998 and recorded 11/09/1998 in Book 1998-1, page 154267.



Attorneys:McCabe Weisberg & Conway, PC



Location:3820 Linden Street, Bethlehem,

PA 18020Parcel ID:N7NE4/33/1/0205Reputed Owners:James F. Delaney, Jr., and Joseph

M. Delaney, Known Surviving Heirs


17

of James F. Delaney; and Unknown Surviving Heirs of James F. Delaney

ALL THAT CERTAIN lot or piece of ground with the buildings and improvement thereon situated in Bethlehem Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Rose Marie Delaney and James F. Delaney, h/w, by deed from William H. Diefenderfer and Jean A. Mushlitz n/k/a Jean A. Diefenderfer, his wife, and Keith Zeifel, said deed dated 06/29/1982 and recorded 07/01/1982 in Book 639, page 228. The said Rose Marie Delaney died on 05/28/2014 thereby vesting tile in her surviving spouse James F. Delaney by operation of law. The said James F. Delaney died on 04/13/2016 without a will or appointment of an Administrator.


style dwelling with vinyl siding, shingle roof and attached two-car garage.




Location:315 South High Street, East

Bangor, PA 18013Parcel ID: D10SW3A/2/2A/0109Reputed Owner:William J. KindredALL THAT CERTAIN lot situated

in East Bangor Borough, Northamp-ton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in William J. Kindred by deed from Harold L. Englert and Shirley L. Englert, his wife, said deed dated 05/17/2001 and recorded 06/

01/2001 in Book 2001-1, page 098098.


style mobile home with aluminum siding and shingle roof.




Location:704 Decatur Street, Bethlehem,

PA 18017Parcel ID:N6NE3A/5/1/0204Reputed Owners:Dorothy Tramontano and Francis

William Tramontano a/k/a Francis Tramontano

ALL THAT CERTAIN piece or parcel of land situated at the south-eastern corner of the intersection of Decatur Street with the Nazareth Pike in the 14th ward of Bethlehem City, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Francis William T ramontano and Doro thy Tramontano, h/w, by deed from Lorraina J. Telepo, unmarried, said deed dated 12/14/2001 and recorded 12/ 17/2001 in Book 2001-1, page 272697.


style dwelling with stone and brick exterior, shingle roof and attached one-car garage.

Attorneys:Manley Deas Kochalski, LLC



Location:118 South 3rd Street, Bangor, PA

18013


18

Parcel ID:E9NE2D/10/5/0102Reputed Owner:Laurel B. Nosal a/k/a Laurel

CarlsonALL THAT CERTAIN messuage or

tenement and tract of land situate in Bangor Borough, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Laurel B. Nosal who acquired title by virtue of a deed from Stephen G. Maybee and Gretchen Z. Maybee, h/w, said deed dated 12/31/2001 and recorded 01/ 09/2002 in Book 2002-1, page 008418.


style dwelling with vinyl siding, shingle roof and attached one-car garage.




Location:3518 Dewalt Street, Bethlehem,

PA 18020Parcel ID: M7SE4/20/3/0205Reputed Owners:Susan E. Zorn and John M. ZornALL THAT CERTAIN lot, heredita-

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

BEING THE SAME PREMISES which Joseph R. West granted and conveyed unto John M. Zorn and Susan E. Zorn by deed dated 11/ 23/2003 and recorded in Book 2003-1, page 497825.

Improvements:Thereon being erected an A-frame

dwelling with vinyl siding and stucco

exterior, shingle roof and attached one-car garage.

Attorneys:Hill Wallack, LLP



Location:624 Blue Ridge Avenue, Bangor,

PA 18013Parcel ID:E9NE3C/4/4/0102Reputed Owner:Sean K. SlawikALL THAT CERTAIN piece or

parcel of land situated in Bangor Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Sean K. Slawik by deed from Dana Trimper, said deed dated 02/19/2016 and recorded 02/23/2016 in Book 2016-1, page 32712.


single dwelling with vinyl siding, shingle roof and detached one-car garage.


Jones, LLPNo. 19


CV-2016-10654Location:706 Palmer Street, Easton, PA

18042Parcel ID:L9SW3C/1/2/0835Reputed Owner:Henry Haduck a/k/a Henry J.

HaduckALL THAT CERTAIN messuage,

tenement and lot or piece of ground situated in West Easton Borough, Northampton County, Pennsylvania.


19

TITLE TO SAID PREMISES is vested in Henry J. Haduck by deed from Ronald C. Everitt and Janet A. Everitt, h/w, said deed dated 07/31/2003 and recorded 07/ 31/2003 in Book 2003-1, page 303793.


half-double dwelling with vinyl siding and shingle and slate roof.


Jones, LLPNo. 20


CV-2016-10483Location:1628 Washington Street, Easton,

PA 18042Parcel ID:L9SW3A/4/6/0837Reputed Owner:Brad J. BognarALL THAT CERTAIN lot of land

situated on the south of Washington Street in Wilson Borough, Northamp-ton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Brad J. Bognar, as sold owner, by deed from Jeffrey E. Edinger and Kristine L. Edinger, said deed dated 09/13/2006 and recorded 09/21/2006 in Book 2006-1, page 390950.


half-double dwelling with wood and stone exterior and slate roof.


Jones, LLPNo. 22


CV-2015-05722Location:5545 Montauk Lane, Bethlehem,

PA 18017

Parcel ID:M5/3/53/0508Reputed Owners:Corttland C. Sheppard a/k/a

Cortland C. Sheppard, and Sheri L. Sheppard

ALL THAT CERTAIN piece, parcel or tract of land, with the improve-ments thereon erected, situated in East Allen Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Sheri L. Sheppard by deed from Sheri L. Sheppard and Cortland C. Sheppard, said deed dated 02/01/2007 and recorded 02/08/2007 in Book 2007-1, page 54570.


single dwelling with brick exterior and vinyl siding, shingle roof and attached two-car garage.




Location:25 Jewel Street, Roseto, PA 18013Parcel ID:D9SE1D/2/17/0128Reputed Owners:Irene D. Ellis and Danielle M. EllisALL THAT CERTAIN lot or piece of

ground situated in Roseto Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Irene D. Ellis, Danielle M. Ellis and Joel L. Anderson, by deed recorded 06/22/2015 in Book 2015-1, page 111933, granted and conveyed unto Irene D. Ellis and Danielle M. Ellis.


style dwelling with vinyl siding,


20

shingle roof and attached one-car garage.




Location:1850 North Delaware Drive,

Easton, PA 18040Parcel IDs:K10SW1/10/6/0311 and

K10SW1/14/22/0311Reputed Owner:Ronald VanoALL THAT CERTAIN lot or piece of

land situated in Forks Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Ronald Vano by deed from Arthur Ravitz, said deed dated 05/05/2010 and recorded 05/ 18/2010 in Book 2010-1, page 93424.


single dwelling with aluminum siding and shingle roof; second parcel being vacant land.




Location:1093 West Berwick Street, Easton,

PA 18042Parcel ID:M9NW2B/8/1/0310Reputed Owner:Steven PoyerALL THAT CERTAIN lot or piece of

ground, with the improvements thereon erected, situated on the north

side of Berwick Street in Easton City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Steven Poyer by deed from Betty Vogt, individually and as Executrix of the Estate of Esther Mosloskie, said deed dated 12/31/2008 and recorded 01/ 22/2009 in Book 2009-1, page 11969.


half-double dwelling with aluminum siding and shingle roof.




Location:3223 Reeve Drive West, Bethlehem,

PA 18020Parcel ID:M7SE2/1/4/0205Reputed Owners:Barbara Gable and James J.

GableALL THAT CERTAIN LOT or parcel

of land situate on the east side of Reeve Drive West, south of William Penn Highway, in Bethlehem Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in James J. Gable and Barbara Gable, his wife, by deed from K & E Corporation, said deed dated 05/26/1982 and 05/27/1982 in Book 628, page 26.


style dwelling with aluminum siding and brick exterior, shingle roof and attached one-car garage.


21

Attorneys:Udren Law Offices, PC



Location:1825 Willow Drive, Easton, PA

18040Parcel ID:K9/24/10/0311Reputed Owners:Richard H. Dininni and Mirtha

DininniALL THAT CERTAIN piece, parcel

or tract of land situated in Forks Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Mirtha Dininni, by deed dated 08/09/2007 and recorded 09/ 11/2007 in Book 2007-1, page 334153, granted and conveyed unto Richard H. Dininni and Mirtha Dininni.

Improvements:Thereon being erected a bi-level

residential dwelling with brick exterior, shingle roof and attached two-car garage.

Attorneys:Powers Kirn & Associates, LLC



Location:339 North 12th Street, Easton, PA

18042Parcel ID:L9NE4D/11/8/0310Reputed Owners:Jerry Andrew and Ruth SchafferALL THAT CERTAIN lot or piece of

land with improvements thereon erected situated on the east side of North 12th Street in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which John R. Fagan, Jr., Valerie Fagan and Charles K. Rickenbach, by deed dated 05/31/2006 and recorded 06/06/2006 in Book 2006, page 225649, granted and conveyed unto Jerry Andrew and Ruth Schaffer.


half-double dwelling with aluminum siding and slate roof.

Attorneys:Law Office of Gregory Javardian,

LLCNo. 29


CV-2015-10265Location:491 Railroad Avenue, Pen Argyl,

PA 18072Parcel ID:E8NE3B/1/5/0625Reputed Owners:James Scebes and Jessica ScebesALL THAT CERTAIN tract,

messuage, piece or parcel of land in Pen Argyl Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which James Scebes and Jessica Scebes, by deed dated 02/17/2010 and recorded 03/05/2010 in Book 2010-1, page 41782, granted and conveyed unto James Scebes and Jessica Scebes.


half-double dwelling with vinyl siding and shingle roof.

Attorneys:Law Office of Gregory Javardian,

LLCNo. 30


CV-2016-03803Location:2940 Meadow Lane Drive, Easton,

PA 18040


22

Parcel ID:K9/32/A2-23/0311Reputed Owners:Juliet Ferguson and Reginald

FergusonALL THAT CERTAIN tract of land,

with the improvements thereon erected, situated in Forks Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Reginald Ferguson and Juliet Ferguson, h/w, by deed from Segal & Morel at Forks Township X, LLC, said deed dated 08/25/2006 and recorded 09/18/ 2006 in Book 2006-1, page 383651.


single dwelling with vinyl siding, shingle roof and attached three-car garage.




Location:1390 Nectarine Road, Danielsville,

PA 18038Parcel IDs:G3/2/13A/0516 and G3/7/10/

0516 and G3/7/10A/0516Reputed Owner:Dustin L. CarteALL THOSE CERTAIN three tracts

of land, with buildings and improve-ments, situated in Lehigh Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Dustin L. Carte, single, by deed from Charles H. Green and Lois L. Green, h/w, said deed dated 08/15/2003 and recorded 08/15/2003 in Book 2003-1, page 332991.

Improvements:Lot 13A having erected a manu-

factured home with aluminum and

vinyl siding and shingle roof; lots 10 and 10A being vacant land.




Location:1331 Ridge Trail, Easton, PA

18040Parcel ID:K9SE4/11/7/0311Reputed Owner:Lisa MenzaALL THAT CERTAIN lot or piece of

ground situated in Forks Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES as Daniel A. Menza and Lisa Menza, by quit Claim Deed dated 06/26/20015 and recorded 07/24/20015 in Book 2015-1, page 140125, granted and conveyed unto Lisa Menza, an indi-vidual.


style dwelling with vinyl siding and shingle roof.

Attorneys:Stern & Eisenberg, PC



Location:4830 Matts Drive a/k/a 4830

Maryann Lane, Bethlehem, PA 18017Parcel ID:M6NW1/16/7/0214Reputed Owners:Dimitrios Malitsis a/k/a Dimitris

Malitsis, Nikolina Malitsis and USAALL THAT CERTAIN lot or tract of

land located at the northeast corner of Maryann Lane and Matts Drive in Hanover Township, Northampton County, Pennsylvania.


23

TITLE TO SAID PREMISES is vested in Dimitris Malitsis and Nikolina Malitsis, h/w, by deed from James J. Snell Custom Homes, a PA Partnership, said deed dated 10/ 18/1995 and recorded 10/23/1995 in Book 1995-1, page 100237.


single dwelling with vinyl siding and brick exterior, shingle roof and attached two-car garage.

Attorneys:Romano Garubo & Argentieri, LLC



Location:105 South Robinson Avenue, Pen

Argyl, PA 18072Parcel ID:E8NE2D/28/2/0625Reputed Owner:Russell J. UrmyALL THAT CERTAIN lot or piece of

land situated in the Third Ward of Pen Argyl Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Russell J. Urmy, a married person, by deed dated 11/09/2007 and recorded 11/21/2007 in Book 2007-1, page 420602, granted and conveyed unto Russell J. Urmy, a single person, in fee.


single dwelling with aluminum siding and slate roof.




Location:5 Mapo Hollow Road, Mount

Bethel, PA 18013

Parcel ID:C9/3/4/0131Reputed Owners:Dionne Vest and Alan VestALL THAT CERTAIN tract of land

situate in Upper Mount Bethel Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Dionne Vest and Alan Vest by deed from Al S. Nittle, said deed recorded 04/02/2003 in Book 2003-1, page 113689.


single dwelling with wood siding and tar paper roof.

Attorneys:Goudsouzian & Associates



Location:1660 Pleasant View Road,

Bethlehem, PA 18015Parcel ID:R7SW1/7/32/0719Reputed Owner:Marguerite M. Voortman a/k/a

Marguerite VoortmanALL THAT CERTAIN messuage or

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

TITLE TO SAID PREMISES is vested in Carl J. Voortman and Marguerite M. Voortman, his wife, by deed from John J. Bright and Marie M. Bright, his wife, said deed recorded 09/29/1958 in Book E 102, page 238.


style dwelling with stone exterior, shingle roof and detached one-car garage.


24


Jones, LLPNo. 37


CV-2016-10651Location:929 McCartney Street, Easton, PA

18042Parcel ID:K9SE3D/3/9/0310Reputed Owners:Matthew Betz and Stephanie

Kuehner a/k/a Stephanie M. Yurgartis

ALL THAT CERTAIN lot or piece of land situate on the east side of McCartney Street, between Known and Raub Streets, in Easton City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Matthew Betz and Stephanie Kuehner, as joint tenants with right of survivorship, by deed from Lorne Donlin, said deed recorded 06/ 30/2010 in Book 2010-1, page 127279.


half-double dwelling with brick exterior, shingle roof and detached one-car garage.


Jones, LLPNo. 38


CV-2015-01144Location:204 Delaware Avenue, Wind Gap,

PA 18091Parcel ID:E8SW3A/4/4/0638Reputed Owner:Grace Mueller

ALL THAT CERTAIN lot or tract of land situate in Wind Gap Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Grace Mueller by deed from Gilbert F. Walter, said deed recorded 07/13/2007 in Book 2007-1, page 257996.

Improvements:Thereon being erected a split-level

single dwelling with vinyl siding, shingle roof and attached one-car garage.

Attorneys:Milstead & Associates, LLC



Location:19 South High Street, East

Bangor, PA 18013Parcel ID:D10SW2D/6/13/0109Reputed Owner:James P. FarrellALL THAT CERTAIN messuage

and tract or lot of land situated and lying and being in East Bangor Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in James P. Farrell by deed from Prudential Relocation, Inc., said deed recorded 07/31/2006 in Book 2006-a, page 309354.


single dwelling with aluminum siding, slate roof and detached two-car garage.

Attorneys:Milstead & Associates, LLC



Location:1468 Clearfield Road, Nazareth,

PA 18064


25

Parcel ID:G7/2/27C/0406Reputed Owners:Donald G. Laudenbach, Jr. a/k/a

Donald Laudenbach, Jr. a/k/a Donald C. Laudenbach, Jr., and Brenda M. Laudenbach a/k/a Brenda Laudenbach

ALL THAT CERTAIN piece, parcel or tract of ground, together with the improvements thereon erected, situate in Bushkill Township, Northampton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Donald C. Laudenbach, Jr., and Brenda M. Laudenbach, h/w, by deed from Donald C. Laudenbach, Jr., said deed recorded 06/06/2001 in Book 2001-1, page 103341.


style dwelling with vinyl siding, shingle roof and two detached one-car garages.




Location:2750 Hickory Drive, Easton, PA

18040Parcel ID:K9/32/46/0311Reputed Owners:Richard V. Fisco (deceased) and

Patricia A. Fisco, individually and as Heir to the Estate of Richard V. Fisco

ALL THAT CERTAIN messuage, tenement and lot or parcel of land situate in Forks Township, Northamp-ton County, Pennsylvania.

BEING THE SAME PROPERTY conveyed to Richard V. Fisco, a married person, who acquired title by deed from Richard V. Fisco and

Patricia A. Fisco, h/w, said deed recorded 08/03/2009 in Book 2009-1, page 198855.


single dwelling with brick exterior, shingle roof and attached two-car garage.




Location:519 Ferry Street, Easton, PA

18042Parcel ID:L9SE2A/20/10/0310Reputed Owner:Steve InabinettAll that certain parcel of land

situate in Easton City, Northampton County, Pennsylvania.

Title to said premises is vested in Steve Inabinett by deed from Brenda Inabinett, said deed recorded 10/30/1998 in Book 1998-1, page 149362.


row home with vinyl siding and shingle roof.




Location:161 Jeremy Court, Easton, PA

18045Parcel ID:K8SE2/6/20/0324Reputed Owner:Wayne Ulozas a/k/a Wayne T.

Ulozas


26

All that certain piece, parcel or tract of land situate in Palmer Township, Northampton County, Pennsylvania.

Title to said premises is vested in Wayne T. Ulozas by deed from Tracy A. Wheelen, said deed recorded 06/25/2012 in Book 2012-1, page 145069.


single dwelling with brick exterior, shingle roof and attached two-car garage.




Location:1110 Brentwood Aveue ,

Bethlehem, PA 18017Parcel ID:M6NW4/3/13/0214Reputed Owners:David De Long, Executor of the

Estate of Joanne M. De Long a/k/a Joanne DeLong, deceased; and Deborah Mitch, Executrix of the Estate of Joanne M. De Long a/k/a Joanne DeLong, deceased

All that certain Lot 13, Block C, Fairfield Estates, Section 2, situated in Hanover Township, Northampton County, Pennsylvania.

Title to said premises is vested in Wayne R. DeLong and Joanne M. DeLong, h/w, by deed from Thomas E. Harty and Elisabeth T. Harty, h/w, said deed recorded 01/07/1974 in Book 478, page 385.


dwelling with aluminum siding and brick exterior, shingle roof and attached two-car garage.

Attorneys:Stern & Eisenberg, PC



Location:1017 5th Street, North Catasau-

qua, PA 18032Parcel ID:M4SE4C/3/5/0923Reputed Owners:Holly A. Cernobyl and Kenneth J.

CernobylAll that certain messuage,

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

Being the same premises which Corestates Bank, N.A., now First Union National Bank, Executor under the Last Will and Testament of Blodwyn M. Powell, deceased, granted to Kenneth J. Cernobyl and Holly A. Cernobyl, h/w, by deed recorded 07/09/1998 in Book 1998-1, page 88790.






Location:1605 Newport Avenue, Northamp-

ton, PA 18067Parcel ID:M4NW1B/7/4/0522Reputed Owner:Christopher A. StettlerAll that certain messuage,

tenement and/or piece of land situated on the east side of Newport Avenue in the Fourth Ward of Northampton Borough, Northampton County, Pennsylvania.


27

Being the same premises which Charles L. Grabner, Executor of the Estate of Charles J. Grabner, by deed recorded 01/20/2004 in Book 2004-1, page 21404, granted and conveyed unto Christopher A. Stettler, unmarried.


half-double dwelling with stone exterior and shingle roof.

Attorneys:Hladik Onorato & Federman, LLP



Location:1508 High Street, Bethlehem, PA

18018Parcel ID:N6SE1C/24/12/0204Reputed Owners:Katherine Collins a/k/a Katherine

R. Collins, deceased, and her Heirs, both known and unknown

All that certain messuage or tenement and lot or piece of ground situated in Bethlehem City, North-ampton County, Pennsylvania.

Being the same premises which R. F. Chapman and Mary H. Chapman, h/w, by deed recorded 07/08/1986 in Book 704, page 372, granted and conveyed to Katherine Collins.


single dwelling with vinyl siding, shingle roof and detached one-car garage.

Attorneys:Norris McLaughlin & Marcus, PA



Location:1328 East 6th Street, Bethlehem,

PA 18015

Parcel ID:P7SW1A/14/8/0204Reputed Owners:Jose Bayon a/k/a Jose E. Bayon,

deceased, and his Heirs, both known and unknown

All that certain messuage or tenement and tract or piece of ground in Bethlehem Bity, Northampton County, Pennsylvania.

Being the same premises which Harry Rivera, by deed recorded 09/06/2007 in Book 2007-1, page 329309, granted and conveyed to Jose Bayon.


half-double dwelling with stucco exterior and shingle roof.




Location:1415 Main Street, Bath, PA 18014;

Locust Street, Bath, PA 18014Parcel IDs:J5NE2C/3/3/0507 and

J5NE2C/3/8/0507Reputed Owner:Richard H. LindenAll those two parcels of land

situated in Chapman Borough, Northampton County, Pennsylvania.

Being the same premises which FANNIE MAE a/k/a Federal National Mortgage Association, by deed recorded 01/31/2013 in Book 2013-1, page 28184, granted and conveyed to Richard H. Linden.

Improvements:Lot 3 having erected thereon a

two-story dwelling with vinyl siding and shingle roof; lot 8 being vacant land.


28




Location:1840 Freemansburg Avenue,

Easton, PA 18042Parcel ID:L9SW3A/19/16/0837Reputed Owners:Jose R. Davila-Guzman and Luz

A. Rodriguez-OrtizAll that certain lot or piece of land

situated on the south side of Free-mansburg Avenue in Wilson Borough, Northampton County, Pennsylvania.

Title to said premises is vested in Jose R. Davila-Guzman and Luz A. Rodriguez-Ortiz by deed from Frank J. Soda, Sr., and Ilda A. Perna, said deed recorded 04/22/2008 in Book 2008-1, page 114813.


single dwelling with aluminum siding, shingle roof and detached one-car garage.




Location:360 West Wilkes Barre Street,

Easton, PA 18042Parcel IDs:L9SE3D/11/4/0310 and

L9SE3D/11/3/0310Reputed Owners:Joseph B. Simmons; Virginia

Simmons, Kathleen Waldron, Victoria Levens, Penny Levens, William Levens, Alex Levens a/k/a Alexander Levens, A. J. Levens a/k/a Amity J.

Levens, and Joseph Levens, all Known Surviving Heirs of Victor S. Levens, Jr.; Unknown Surviving Heirs of Victor S. Levens, Jr.; Natonya Whetstone, Ashley M. Rice, Victor S. Levens, IV, Dalton A. Levens, and Erich J. Levens, all Known Surviving Heirs of Victor Levens, III, Deceased Heir of Victor S. Levens, Jr.; and Unknown Surviving Heirs of Victor Levens, III, Deceased Heir of Victors S. Levens, Jr.

All those two certain lots or pieces of land in Easton City, Northampton County, Pennsylvania.

Title to said premises is vested in Mary E. Levens and Victor S. Levens, Jr., h/w, by deed from Joseph B. Simmons and Virginia Simmons, his wife, said deed recorded 08/12/2003 in Book 2003-1, page 326617. The said Mary E. Levens died on 10/02/2004 thereby vesting title in her surviving spouse. The said Victor S. Levens, Jr. died on 05/24/2009 without a Will or appointment of an Administrator.

Improvements:Lot 4 having thereon erected a

two-story single dwelling with vinyl siding and shingle roof; lot 3 being vacant land.




Location:1609 Teels Road, Pen Argyl, PA

18072Parcel ID:F8/12/10B/0626Reputed Owner:Mary Ann C. GardnerAll that certain lot or piece of land

designated as Lot #2 on the Verna A.


29

Kemmerer Subdivision, Section II, situated in Plainfield Township, Northampton County, Pennsylvania.

Being the same premises which Richard M. Kaniper and Joy M. Kaniper, h/w, by deed recorded 02/06/2006 in Book 2006-1, page 50886, granted and conveyed unto Robert A. Gardner and Mary Ann C. Gardner. The said Robert A. Gardner departed this life on 04/21/2008, thus vesting title solely in Mary Ann C. Gardner as the surviving tenant by the entirety.


style single dwelling with vinyl siding, shingle roof, attached two-car garage and in-ground pool.

Attorneys:Mattleman Weinroth & Miller, PC



Location:3815 Devonsh i re Road ,

Bethlehem, PA 18020Parcel ID:M7/10/1R/0205Reputed Owners:George J. Bostany and Denise

BostanyAll that parcel of land situated in

Bethlehem Township, Northampton County, Pennsylvania.

Being the same premises which Joyce M. Saunders and Thomas J. Heath, h/w, by deed recorded 06/26/1992 in Book 867, page 1, granted and conveyed unto George J. Bostany and Denise Bostany, h/w.



Attorneys:Hladik Onorato & Federman, LLP



Location:208 West Fairview Street,

Bethlehem, PA 18018Parcel ID:N6SW3C/16/3/0204Reputed Owners:Stephen T. Fahringer and Rebecca

E. FahringerAll that certain lot, messuage

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

Being the same premises granted and conveyed unto Stephen T. Fahringer and Rebecca E. Fahringer by deed recorded 03/07/1995 in Book 1995-1, page 19284.


single dwelling with aluminum siding and shingle roof.

Attorneys:Portnoff Law Associates, Ltd.



Location:1328 Lehigh St., Easton, PA

18042Parcel ID:L9SW2C/24/1/0310Reputed Owner:Bonnie B. StarnerAll that certain lot, tract or parcel

of land situated in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Bonnie B. Starner by deed recorded 06/06/2002 in Book 2002-1, page 147640.


30






Location:143 South 9th Street, Easton, PA

18042Parcel ID:L9SE1C/6/4/0310Reputed Owner:Lance M. WheelerAll that certain lot or piece of

ground situated on the west side of South 9th Street, between Spruce and Lehigh Streets, in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto Lance M. Wheeler by deed recorded 04/19/2004 in Book 2004-1, page 144040.


half-double dwelling with brick exterior and shingle roof.




Location:1422 Lynn Street, Easton, PA

18042Parcel ID:L9SW3C/6/2/0310Reputed Owners:James M. Richline and Joel M.

RichlineAll that certain messuage or

tenement and tract of land situated on the south side of Franklin Street,

near Raspberry Alley, in Easton City, Northampton County, Pennsylvania.

Being the same premises granted and conveyed unto James M. Richline and Joel M. Richline by deed recorded 03/18/2006 in Book 2006-1, page 106234.






Location:11 West 2nd Street, Unit 223,

Bethlehem, PA 18015Parcel ID:P6/2/223/0204Reputed Owners:Dave J. Rank and Frances A. RankAll that certain unit in the Lehigh

Riverport Condominium situated in Bethlehem City, Northampton County, Pennsylvania.

Being the same premises granted unto Dave J. Rank and Frances A. Rank by deed dated 12/27/2006 in Book 2006-1, page 531993.

Improvements:Thereon being a residential condo-

minium unit located inside a converted commercial warehouse structure with brick exterior and flat roof.


RE-ADVERTISED NOVEMBER SALE



Location:131 East Elizabeth Avenue,

Bethlehem, PA 18018


31

Parcel ID:N6SE4B/13/14/0204Reputed Owners:Olga Morales and Rogelio MoralesALL THAT CERTAIN messuage,

tenement and lot or piece of land, situate on the northern side of East Elizabeth Avenue in the block between Bottle Avenue and High Street in Ward 14, City of Bethlehem, County of Northampton and Commonwealth of Pennsylvania.

TITLE TO SAID PREMISES IS VESTED IN Rogelio Morales and Olga Morales by deed from Richard W.Brader and Barbara E. Brader, husband and wife, was recorded 3/16/2007, in Book 2007-1, Page 97414.


single dwelling with brick exterior, shingle and slate roof and detached two-car garage.

Attorneys:Parker McCay, P.A.A Schedule of Distribution will be

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

DAVID J. DALRYMPLE Sheriff

North amp ton County, Pennsylvania

DAVID J. CERAUL, ESqUIRE Solicitor to the Sheriff

May 18, 25; June 1


32

Litigation ParaLegaL (BethLehem)KingSpry, a progressive, expanding regional law firm

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33

May 18, 25

617Joseph Stachnik Building & Construction v. Manos et ux.

Joseph Stachnik Building & Construction v. Manos et ux.

Joseph stachnik Building & construction, plaintiff/claimant v. Joseph a. Manos and patricia a. Manos,

defendants/owners

Preliminary Objections—Mechanics’ Lien Claim—Unjust Enrichment.Plaintiff/Claimant filed a mechanics’ lien claim and a complaint against Defendants/

Owners in connection with a contract calling for Plaintiff/Claimant to perform work at De-fendants’/Owners’ residence in exchange for payment. Count I of the complaint sought judg-ment upon the mechanics’ lien claim, and Count II sought damages for unjust enrichment. Defendants/Owners filed preliminary objections to the claim and the complaint.

In their response to the preliminary objections, Plaintiff/Claimant admitted by inference that they did not complete the work on Defendants’/Owners’ residence due to nonpayment. Because this is not permitted under the Mechanics’ Lien Law, which requires that a claimant complete all work called for in the parties’ contract, the Court struck Plaintiff’s/Claimant’s mechanics’ lien claim as well as Count I of their complaint. Further, because Plaintiff’s/Claimant’s unjust enrichment claim was legally sufficient and did not require evidentiary support at the pleading stage, the Court overruled Defendants’/Owners’ demurrer to Count II of the complaint.

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division—No. C-48-CV-2015-9409.

ConstanCe K. nelson, esquire, for Plaintiff/Claimant.

John e. Kotsatos, esquire, for Defendants/Owners.

Order of the Court entered on October 19, 2016 by Beltrami, J.

OPINION

This case is before the Court on the “Preliminary Objections of Own-ers, Joseph A. Manos and Patricia A. Manos to Claimant’s Mechanics’ Lien Claim” (“POs to Claim”), filed on July 18, 2016, and the “Preliminary Objections of Defendants, Joseph A. Manos and Patricia A. Manos to Plaintiff’s Complaint” (“POs to Complaint”), also filed on July 18, 2016. Plaintiff filed an answer to the POs to Claim on August 8, 2016, and an answer to the POs to Complaint on the same date (“Responses”). The mat-ters were assigned to the undersigned for disposition on the parties’ briefs at Argument Court on August 30, 2016.

On October 12, 2015, Plaintiff filed a “Mechanics’ Lien Claim” (“Claim”) against real property located at 2890 Fischer Road, Easton, Northampton County, Pennsylvania, which is owned by Defendants Joseph A. and Patricia A. Manos (“Owners”). On June 17, 2016, Plaintiff filed a Complaint containing two counts. In Count I, Plaintiff seeks to obtain judg-ment on the Claim. In Count II, Plaintiff alleges a civil cause of action for unjust enrichment.1

———1 It should be noted that “[n]o other cause of action may be joined with an action to

obtain judgment on a” mechanics’ lien claim unless “the improvement is located in more than 34

Joseph Stachnik Building & Construction v. Manos et ux.618 Vol. 59

On July 18, 2016, Owners filed both their POs to Claim and their POs to Complaint. Confusingly, in the POs to Claim, Owners raise various issues pertaining to the Complaint, and in the POs to Complaint, they raise various issues pertaining to the Claim. The Court will begin with those preliminary objections that are directed at Plaintiff ’s Claim.

“Any party may preliminarily object to a claim upon a showing of exemption or immunity of the property from lien, or for lack of confor-mity with” the Mechanics’ Lien Law of 1963. 49 P.S. §1505. Viewing both sets of preliminary objections together, the Court perceives five objections pertaining to the Claim. First, Owners assert that the Claim is defective because Plaintiff failed to give formal notice of its intention to file it, in violation of 49 P.S. §1501(b.1). Second, Owners assert that the Claim is defective because Plaintiff failed to complete the work required by the parties’ agreement prior to filing the Claim, in violation of 49 P.S. §1502(a)(1) and Philadelphia Construction Services, LLC v. Domb, 903 A.2d 1262 (Pa. Super. 2006). Third, Owners assert that the Claim is defective because it does not contain a detailed statement of the labor or materials furnished and the prices charged therefor, as required by 49 P.S. §1503(6). Fourth, Owners assert that the Claim is defective because its statement of the amount claimed to be due, which is required by 49 P.S. §1503(7), is inaccurate. Finally, Owners assert that because the time for filing a claim has expired, should the Court sustain any of their objections and strike the Claim, Plain-tiff should not be granted the opportunity to file an amended claim, citing 49 P.S. §1504.

The Court begins with Owners’ second objection to the Claim, as it is dispositive of the POs to Claim, will result in the striking of Plaintiff’s Claim, and will cause the dismissal of Count I of the Complaint. Under the Mechanics’ Lien Law, “[t]o perfect a lien, every claimant must ... file a claim with the prothonotary ... within six (6) months after the completion of his work.” 49 P.S. §1502(a)(1) (emphasis added). “ ‘Completion of the work’ means performance of the last of the labor or delivery of the last of the materials required by the terms of the claimant’s contract or agreement, whichever last occurs.” Id. §1201(8) (emphasis added). “ ‘Claimant’ means a contractor or subcontractor who has filed or may file a claim ... for a lien against property.” Id. §1201(6) (emphasis added). While Owners assert at least one preliminary objection that mischaracterizes Plaintiff as a subcon-tractor, the fact that Plaintiff is actually a contractor, see id. §1201(4) (defining contractor as one who contracts directly with owner), is irrelevant for purposes of Section 1502(a)(1), which applies to all claimants.———one county.” Pa. R.C.P. No. 1657. Thus, Plaintiff ’s unjust enrichment claim should have been brought in a separate civil action. See Moran & Priar Home Improvement SVC v. Khouri, 30 D. & C.3d 548, 552-53 (C.P. of Cumberland Cnty. 1984). However, this issue has been waived, as Owners did not raise it in their POs to Complaint. See Pa. R.C.P. No. 1032(a).

35


The Court finds that Domb controls here and is fatal to the validity of Plaintiff’s Claim. In Domb, the claimant alleged as follows:

Claimant supplied the last of the labor or materials on or about April 29, 2005, which is less than four (4) months prior to the filing of this claim. Claimant has not completed the entire work for the project as the Contractor has breached its payment obligations to the Claimant, and Claimant has ac-cordingly been prevented, excused or hindered in the comple-tion of the work.

Domb, supra at 1266-67 (quoting claimant’s claim) (emphasis in original). Here, Plaintiff similarly states that its “final day of work was on or about April 20, 2015[,] due to Owners’ failure to remit payment for services.” (Pl.’s Resp. to POs to Claim2 ¶19 (emphasis added).) Unmistakably flowing from this averment is the inference that Plaintiff walked off of the job early due to Owners’ purported breach of the parties’ contract.3 This is not permitted under Domb, where the court reasoned as follows:

In reaching this conclusion, we note we are cognizant of the policy considerations underlying [the claimant’s] position. Our conclusion mandates an aggrieved subcontractor must serve preliminary notice prior to ‘completion of the work’ and then finish the job so they can perfect the lien within four months of ‘completion of the work.’ At first glance, such a mandate may seem fundamentally unfair because it forces a subcontrac-tor to render full performance even when the other party already has breached the contract in order to be afforded the remedy of a mechanics’ lien. As we have noted, however, mechanics’

———2 Although Owners’ objection introduces a new fact, namely that Plaintiff did not

complete the work, it is permissible for the Court to consider this new fact as evidence because Plaintiff’s Response to the POs to Claim admits it by inference. See Lisk Plumbing and Heat-ing Co., Inc. v. Schons, 283 Pa. Super. 344, 348, 423 A.2d 1288, 1290 (1981); 49 P.S. §1505 (emphasis added) (“If an issue of fact is raised in such objections, the court may take evidence by deposition or otherwise.”).

3 The following excerpt from Plaintiff’s Brief in opposition to the POs to Claim so-lidifies the Court’s inference that Plaintiff did not complete the work called for by the parties’ agreement:

[Plaintiff ] upheld [its] end of the bargain, so to speak, by providing [its] labor and submitting the weekly invoices as per the oral agreement. Own-ers, however, breached said oral agreement by failing to tender payment upon receipt of the weekly invoices. Hence, the final invoice represented the end of [Plaintiff ]’s contractual obligations and the final day of work performed, which was on or about April 20, 2015.

(Pl.’s Br. in Opp’n to POs to Claim 7 (emphasis added).) If April 20, 2015 was the last day of work “required by the terms of [Plaintiff’s] contract or agreement,” 49 P.S. §1201(8), it would be unnecessary for Plaintiff to mention anything about Owners’ purported breach of the agreement or to refer to that day as the “final day of work performed.” Instead, Plaintiff’s Claim and Brief make clear that Plaintiff considered April 20, 2015 to represent the “comple-tion of the work” not because the contract had been completed but because Owners’ breach of contract purportedly relieved Plaintiff from further performance.

36


liens take effect sooner and assume priority over other liens and, hence, these liens provide a remedy which is more expe-ditious and advantageous to the subcontractor when compared to a breach of contract judgment. ... If a subcontractor wants to take advantage of this extraordinary remedy, he must comply with the statute as the legislature intended. ... If a subcontractor wishes to walk off the job prior to ‘completion of the work’ because he thinks there is a breach of contract, the subcontrac-tor is afforded the remedy of pursuing a breach of contract claim. We are of the opinion this result is equitable.

Id. at 1268 (citations omitted). As stated above, the fact that the claimant in Domb was a subcontractor and Plaintiff is a contractor makes no differ-ence under Section 1502(a)(1), which applies to all claimants. Because it is clear that Plaintiff did not “complete the work,” its Claim is invalid under Domb and must be stricken.4

“[A] mechanics’ lien claim is a necessary precursor to an action for judgment thereon ... .” Terra Technical Services, LLC v. River Station Land, L.P., 124 A.3d 289, 303 (Pa. 2015). Count I of Plaintiff’s Complaint is an action to obtain judgment upon a faulty claim. Thus, Count I of the Com-plaint must be dismissed. See Pa. R.C.P. No. 1651(a); Hill v. Edinboro Dev., Inc., 278 Pa. Super. 324, 331, 420 A.2d 562, 566 (1980) (affirming trial court’s entry of summary judgment on mechanics’ lien complaint on basis that underlying mechanics’ lien claim was invalid); Johnson Service Com-pany v. The Fayette Title & Trust Building, 96 Pa. Super. 543 (1929).

Count II of the Complaint, on the other hand, is an unjust enrichment claim that does not depend upon the existence of the Claim. Owners assert only one objection pertaining to Count II of the Complaint, a demurrer, arguing that Plaintiff’s unjust enrichment claim is legally insufficient be-cause the Complaint does not include “the specific writings (receipts and/or invoices from stores and/or distributors and/or wholesalers)” that would corroborate Plaintiff’s allegations that it purchased merchandise and ma-terials in order to improve Owners’ residence. (POs to Compl. ¶67.)

Preliminary objections in the nature of a demurrer test the legal sufficiency of the complaint. When considering pre-liminary objections, all material facts set forth in the challenged pleadings are admitted as true, as well as all inferences reason-ably deducible therefrom. Preliminary objections which seek the dismissal of a cause of action should be sustained only in cases in which it is clear and free from doubt that the pleader will be unable to prove facts legally sufficient to establish the right to relief. If any doubt exists as to whether a demurrer

———4 In light of the Court’s ruling on Owners’ second preliminary objection to Plaintiff’s

Claim, further analysis of the POs to Claim is unnecessary.

37


should be sustained, it should be resolved in favor of overruling the preliminary objections.

Adams v. Hellings Builders, Inc., 146 A.3d 795, 798 (Pa. Super. 2016) (quoting Feingold v. Hendrzak, 15 A.3d 937, 941 (Pa. Super. 2011)).

‘Unjust enrichment’ is essentially an equitable doctrine. Styer v. Hugo, 422 Pa.Super. 262, 619 A.2d 347 (1993), aff’d, 535 Pa. 610, 637 A.2d 276 (1994). Where unjust enrichment is found, the law implies a contract, which requires the defen-dant to pay to the plaintiff the value of the benefit conferred. Schenck v. K.E. David, Ltd., 446 Pa.Super. 94, 666 A.2d 327 (1995). The elements necessary to prove unjust enrichment are:(1) benefits conferred on defendant by plaintiff; (2) appreciation of such benefits by defendant; and (3) acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value. (citations omitted). The application of the doctrine depends on the particular factual circumstances of the case at issue. In determining if the doctrine applies, our focus is not on the intention of the parties, but rather on whether the de-fendant has been unjustly enriched.

Id., 666 A.2d at 328. Accord Torchia v. Torchia, 346 Pa.Super. 229, 499 A.2d 581, 582 (1985) (‘[t]o sustain a claim of unjust enrichment, a claimant must show that the party against whom recovery is sought either “wrongfully secured or passively received a benefit that it would be unconscionable for her to retain.” ’) (citation omitted).

Mitchell v. Moore, 729 A.2d 1200, 1203-1204 (Pa. Super. 1999) (emphasis in original).

Owners do not actually challenge the legal sufficiency of Count II. Instead, Owners are, in essence, asking Plaintiff to plead evidence. Yet,

the complaint need not cite evidence, but only those facts necessary for the defendant to prepare a defense. ... Allegations will withstand challenge where they contain averments of all of the facts the plaintiff will eventually have to prove in order to prevail and they are sufficiently specific so as to enable [the] defendant to prepare a defense.

Podolak v. Tobyhanna Township Board of Supervisors, 37 A.3d 1283, 1287-88 (Pa. Commw. 2012) (citation omitted). Plaintiff has averred that it purchased items and provided services to Owners that Owners have ben-efited from and have retained without compensation. Because Plaintiff need not plead evidence in support of these allegations, Count II is not legally insufficient, and Owners’ demurrer is without merit.5

———5 Owners rely on Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340 (Pa.

Super. 2003). That case is not applicable here. The objection brought in that case was not a38


Because it is clear that Plaintiff cannot maintain a valid mechanics’ lien because it did not complete the work, it will not be granted leave to file an amended mechanics’ lien claim or action to seek judgment thereon. That being said, nothing in the Mechanics’ Lien Law affects a claimant’s right to pursue a personal action against the owner, such as Plaintiff’s unjust enrichment claim. See 49 P.S. §1702. Therefore, the striking of Plaintiff’s Claim and the dismissal of Count I of its Complaint does not necessitate the dismissal of Count II of the Complaint.

WHEREFORE, the Court enters the following:

ORDER

AND NOW, this 19th day of October, 2016, the “Preliminary Objec-tions of Owners, Joseph A. Manos and Patricia A. Manos to Claimant’s Mechanics’ Lien Claim,” filed on July 18, 2016, are hereby SUSTAINED. Plaintiff ’s “Mechanics’ Lien Claim,” filed on October 12, 2015, is hereby STRICKEN, with prejudice.

The “Preliminary Objections of Defendants, Joseph A. Manos and Patricia A. Manos to Plaintiff’s Complaint,” also filed on July 18, 2016, are hereby SUSTAINED, in part, and OVERRULED, in part. Count I of Plaintiff ’s “Complaint,” filed on June 17, 2016, is hereby DISMISSED. Defendants shall file an answer to Plaintiff ’s Complaint within twenty (20) days.

———demurrer; rather, it argued that the plaintiff’s complaint failed to conform to Rule 1019(i) by failing to attach the writing giving rise to the plaintiff’s right to judgment against the defendant. The court held that an assignee of an alleged debt, who files an action to collect the debt, must attach to its complaint the writings evidencing both the underlying debt and that it is in fact the assignee of the debt. Id. at 344-45. Because the plaintiff’s claim arose from an assignment of a credit card agreement between its predecessor in interest and the defendant, its claim was based upon a writing that was not attached to the complaint.

Here, Plaintiff’s unjust enrichment claim is not based upon a writing; rather, it is based upon an alleged benefit conferred upon Owners. Thus, Plaintiff is not attempting to collect a debt owed to it pursuant to any written agreement with Owners, much less as an assignee of any such debt. For these reasons, Giuliana does not apply here.

39

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