Post on 12-Aug-2020
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.
Kevin W. Quinter, Plaintiff v. Century Security Services, Inc., Defendant
(USPS 395-280)VOL. LX EASTON, PA February 8, 2018 NO. 6
CONTENTS
INSERT: Goldenrod: 1. 2018 Calendar 2. “The Nuts and Bolts of Ignition Interlock” 3. Quarterly Association Meeting 4. Bar Buddies
NOTICE TO THE BAR...Save the DatesQuarterly Association Meeting – Thursday, March 8, 2018Annual Reception for the Court – Friday, March 23, 2018
Attention Bankruptcy Practitioners!! . . . . . . . . 14Audit—Orphans’ Court . . . . . . . . . . . . . . . . . . . 10Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4
Law Firm Announcement. . . . . . . . . . . . . . . . . 13Law Offices Welcome New Attorney . . . . . . . 16Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Notice of Annual Meeting . . . . . . . . . . . . . . . . . 10
2
Northampton County ReporterAttorney Referral & Information Service
155 South Ninth Street, P.O. Box 4733Easton, PA 18042
Phone (610) 258-6333 Fax (610) 258-8715E-mail: ncba@norcobar.org
PBA (800) 932-0311—PBI (800) 932-4637
NORTHAMPTON COUNTY BAR ASSOCIATION2018 BAR ASSOCIATION OFFICERS
Daniel O’Donnell . . . . . . . . . . . . . . . . . . . . . . PresidentLisa Spitale . . . . . . . . . . . . . . . . . . . . . . President-ElectRobert Eyer . . . . . . . . . . . . . . . . . . . . . . Vice PresidentMaura Zajac McGuire . . . . . . . . . . . . . . . . . . TreasurerPaul J. Harak . . . . . . . . . . . . . . . . . . . . . . . . . SecretaryMichael Shay . . . . . . . . . . . . . . . . . . . . . Past President
BOARD OF GOVERNORSDavid M. Backenstoe
Jeremy F. ClarkJacqueline K. Holmes
Rebecca KulikSteven B. Molder
Michael A. Santanasto Scott M. Wilhelm
ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta
Michael P. ShayRichard P. Kovacs
Joel M. Scheer
BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalChristen T. Borso . . . . . . . . . . . . . . . .Attorney ReferralDeborah J. Flanagan . . . . . . . . . . . . . .Attorney Referral
The Northampton County Reporter will be published every Thursday by the Northampton County Bar Association, 155 South Ninth St., Easton, PA 18042-4399. All legal notices relating to the business of the county, are required by rule of Court, to be published in this Journal. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes to content.
Subscription Price—$75.00 per year.Periodical Postage Paid at Easton, PA and additional office.Postmaster: Send all communications and address changes to:
NORTHAMPTON COUNTY REPORTER155 South Ninth St., Easton, PA 18042-4399
Telephone (610) 258-6333 FAX (610) 258-8715Ralph J. Bellafatto, Esquire
Editor
3
Valentine’s Day – February 14, 2018All you need is love. But a little chocolate now and then doesn’t hurt. ~ Charles M. Schulz
NOTICE TO NCBA MEMBERS – BAR NEWS
Committee Preference FormsNew committees are forming. Send in your CPFs so you don’t miss out
on the meetings.
Courthouse Library Copy Machine CardsCopy machine cards are still available at the NCBA Office. If you make
any copies on the copy machine in the Law Library you may want to consider purchasing copy cards. The cards sell for $10.00. If you use the cards, copies are 15 cents rather than the usual 25 cents.
New in 2018The NCBA will begin showing the live simulcast PBI programs in addition
to video replays. Registration for both types of programming begins one-half hour prior to the start time listed.
On the NCBA Calendar listed inside, note the PBI/CLE programs list “Live” or “Video.” The “Live” programs are the live simulcast programs, which include all of the breaks taken at the program locations. You should plan to stay the entire time listed for full credit.
The “Video” programs will continue to run straight through and may end earlier than the listed ending time.
Save the DatesQuarterly Association Meeting – Thursday, March 8, 2018Annual Reception for the Court – Friday, March 23, 2018Summer Outing – Thursday, July 19, 2018Bench Bar Conference – October 4-6, 2018
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
4
ESTATE AND TRUST NOTICESNotice is hereby given that, in the
estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or demands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below.
FIRST PUBLICATIONASSETTO, JOAN A., dec’d.
Late of Bethlehem, Northampton County, PAExecutrix: Gayle Ellen Assetto c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219
BUJCS, JAMES, JR., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Joanne E. Fehnel 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
D I C K E R - R O M A G N O L I , ELIZABETH G., dec’d.Late of the City of Easton, Northampton County, PA
Executor: Edward R. Dicker, 10 Cornerstone Drive, Hacketts-town, NJ 07840Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064
DONCHEZ, HELEN M., dec’d.Late of the Borough of Heller-town, Northampton County, PACo-Executors: Steve C. Donchez and Susan Lynn Donchez c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726
DUMONT, LARRY E., dec’d.Late of Williams Township, Northampton County, PACo-Executors: Martin Gould and Dianne C. Magee, Grim, Biehn & Thatcher, 104 S. 6th Street, P.O. Box 215, Perkasie, PA 18944-0215Attorneys: Dianne C. Magee, Esquire, Grim, Biehn & Thatcher, 104 S. 6th Street, P.O. Box 215, Perkasie, PA 18944-0215
EARICH, BARBARA JEAN, dec’d.Late of the Township of Lower Saucon, Northampton County, PAExecutrix: Jodi Lee Bailey c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726
FORCE, RYAN DAVID, dec’d.Late of Nazareth, Northampton County, PAExecutor: Robert Force, 22 Canada Goose Drive, Hacketts-town, NJ 07840
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
5
124 Belvidere Street, Nazareth, PA 18064
KALMAN, MICHAEL T., dec’d.Late of 3223 Clifton Avenue, Bethlehem, Northampton County, PAExecutors: Kirsten S. Rockstroh, Megan Lynn Hart and Eric Michael Kalman c/o Edward P. Sheetz, Esquire, Gardner, Racines & Sheetz, 5930 Hamilton Boulevard, Suite 106, Allentown, PA 18106Attorneys: Edward P. Sheetz, Esquire, Gardner, Racines & Sheetz , 5930 Hamil ton Boulevard, Suite 106, Allentown, PA 18106
MacGREW, ALESSANDRA K., dec’d.Late of Bethlehem, Northampton County, PAAdministrator: James M. Halleman c/o Fitzpatrick Lentz & Bubba, P.C., 4001 School-house Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219
PETSKUS, ELAINE C., dec’d.Late of the Township of Upper Nazareth, Northampton County, PAAdministrators: Christine A. Hoser, 3400 W. Walker Road, Walnutport, PA 18088 and Eugene C. Matzo, Jr., 76 Yeats Run, Northampton, PA 18067Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014
RIZZA, DIANNE T., dec’d.Late of the Township of Upper Nazareth, Northampton County, PA
Attorneys: Brad M. Russo, Esquire, Russo Law Offices, LLC, 633 Belvidere Road, Phillips-burg, NJ 08865
FREISS, JOHN M., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutor: James H. Freiss, 64 Paumanake Road, Blue Point, NY 11715Attorney: Gary Neil Asteak, Esquire, 726 Walnut Street, Easton, PA 18042
FRETZ, LOIS J., dec’d.Late of the Borough of Heller-town, Northampton County, PACo-Executors: Joseph Robert Fretz and Patty J. Weidner c/o Brian M. Monahan, Esquire, 701 Washington Street, Easton, PA 18042Attorney: Brian M. Monahan, Esquire, 701 Washington Street, Easton, PA 18042
GONZALEZ, JOSEPHINE, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Virginia Gonzalez-Belles c/o Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426
HAFTL, DOROTHY MAE, dec’d.Late of the Township of Moore, Northampton County, PAExecutors: Gary B. Gilbert and Faith L. Meckes-Michaels c/o Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Alfred S. Pierce, Esquire, Pierce & Steirer, LLC,
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
6
CIMINO, LAWRENCE J., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Elma J. Cimino 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
DIETERLY, LINDA S., dec’d.Late of Bethlehem, Northampton County, PAAdministratrix: Joanne Dieterly c/o Patricia Leisner Clements, Esquire, 516 Falcon Rd., Audubon, PA 19403Attorney: Patricia Leisner Clements, Esquire, 516 Falcon Rd., Audubon, PA 19403
DONLAN, PATRICIA C., dec’d.Late of the Township of Palmer, Northampton County, PACo-Executors: Joseph F. Donlan, 353 Metlars Lane, Piscataway, NJ 08854 and Anne M. Schiraldi, 420 S. Third Street, Phillipsburg, NJ 08865Attorney: John J. Caleca, III, Esquire, 192 Lincoln Road, Phil-lipsburg, NJ 08865
DYBACH, ANDREW, JR., dec’d.Late of the Township of East Allen, Northampton County, PAExecutrix: Andrea Huertas c/o James C. Omdahl, Esquire, 54 South Commerce Way, Suite 172, Bethlehem, PA 18017Attorney: James C. Omdahl, Esquire, 54 South Commerce Way, Suite 172, Bethlehem, PA 18017
FABIAN, HAROLD W., dec’d.Late of Bethlehem Township, Northampton County, PA
Executor: Edward Scott Rizza, 94 Porter Street, Nazareth, PA 18064Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064
SCHOLL, ANNABELLE, dec’d.Late of Washington Township, Northampton County, PAExecutrix: Donna A. Jones, 222 Bangor Junction Road, Bangor, PA 18013
TOLINO, FLORY, dec’d.Late of the Borough of Bangor, Northampton County, PAExecutrix: Mary Ann McEvoy, 1351 Verona Drive, Pen Argyl, PA 18072Attorneys: Ronold J. Karasek, Esquire, Karasek Law Offices, L.L.C., 641 Market Street, Bangor, PA 18013
SECOND PUBLICATIONAHLMEYER, GENEVIEVE A.,
dec’d.Late of the City of Easton, Northampton County, PAExecutor: George J. Ahlmeyer c/o George K. Keenan, Esquire, 512 North New Street, Bethlehem, PA 18018Attorney: George K. Keenan, Esquire, 512 North New Street, Bethlehem, PA 18018
BLACK, ELEANOR ELSIE, dec’d.Late of Ft. Walton Beach, Okaloosa County, FLExecutrix: Kimberley Ann Black c/o Gary Neil Asteak, Esquire, 726 Walnut Street, Easton, PA 18042Attorney: Gary Neil Asteak, Esquire, 726 Walnut Street, Easton, PA 18042
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
7
Executrices: Grace M. Marko and Suzanne M. Butkus, 17 Short Lane, Northampton, PA 18067-9003Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083
FIGUEROA, PEDRO, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Cristal Figueroa c/o Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018Attorneys: Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018
FISHER, IRENE T., dec’d.Late of Northampton, Northamp-ton County, PAExecutrix: Theresa Hollod c/o Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102
GADOW, EVELYN L., dec’d.Late of the Township of Forks, Northampton County, PAExecutrix: Susan D. Gadow Schardt c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299
PENN, AUDREY S., dec’d.Late of 1345 Ciara Drive, Bethlehem, Northampton County, PAExecutor: Karl K. Kent c/o Larry R. Roth, Esquire, The Roth Law
Firm, 123 North Fifth Street, Allentown, PA 18102Attorneys: Larry R. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102
PRICE, LEON D., dec’d.Late of Plainfield Township, Northampton County, PAExecutrix: Holly P. Conroy c/o Theresa Hogan, Esquire, Attorney-at-law, 340 Spring Garden Street, Easton, PA 18042Attorney: Theresa Hogan, Esquire, Attorney-at-law, 340 Spring Garden Street, Easton, PA 18042
SESULKA, EVELYN M., dec’d.Late of Bethlehem, Northampton County, PAExecutrices: Donna J. Slahta and Georgine J. Weiss c/o Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102Attorneys: Robert B. Roth, Esquire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102
YAGHMAEI, AKHTAR, dec’d.Late of the Township of Bethlehem, Northampton County, PAAdministrator: Behnaz Karamati c/o James C. Omdahl, Esquire, 54 South Commerce Way, Suite 172, Bethlehem, PA 18017Attorney: James C. Omdahl, Esquire, 54 South Commerce Way, Suite 172, Bethlehem, PA 18017
THIRD PUBLICATIONABD-EL-BARY, PHILOMENA,
dec’d.Late of Bethlehem, Northampton County, PA
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
8
Executor: William F. Murnin c/o Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961Attorney: Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961
BACKER, HARRY G., dec’d.Late of Williams Township, Northampton County, PAExecutor: Scott C. Backer c/o Daniel G. Dougherty, Esquire, 881 3rd St., Suite B-3, Whitehall, PA 18052Attorney: Daniel G. Dougherty, Esquire, 881 3rd St., Suite B-3, Whitehall, PA 18052
CERNOBYL, HOLLY A., dec’d.Late of Catasauqua, Northamp-ton County, PAExecutor: Nicholas A. Cernobyl c/o Law Office of Michael Prokup, 2030 W. Tilghman Street, Suite 201, Allentown, PA 18104Attorneys: Law Office of Michael Prokup, 2030 W. Tilghman Street, Suite 201, Allentown, PA 18104
DIETZ, PAUL F., dec’d.Late of Northampton, Northamp-ton County, PAE x e c u t r i x : S u s a n A . Lindenmoyer, 76 Mud Lane, Northampton, PA 18067Attorney: Brian L. Kerstetter, JD, Esquire, 3948 Westbranch Highway, Lewisburg, PA 17837
ELVIN, BERNICE M. WALKER, dec’d.Late of the Township of Moore, Northampton County, PAExecutrix: Peggy Louise Clinese, 613 Pen Argyl Street, Pen Argyl, PA 18072
Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014
GRIMMER, ROSALIE A., dec’d.Late of Bethlehem, Northampton County, PAE x e c u t r i x : M a r y B e t h Linsenmann c/o Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080
HEARD, GLENWOOD D., dec’d.Late of the Township of Wash-ington, Northampton County, PAExecutors: Pamela J. Hartman and Gregory Glen HeardAttorneys: McFall, Layman & Jordan, P.C., Attorneys at Law, 134 Broadway, Bangor, PA 18013
HELLER, MARGUERITE R., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutor: Maurice C. Heller, 69 Victory Lane, Nazareth, PA 18064-2312Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083
HUDOCK, JEAN H., dec’d.Late of Hellertown, Northampton County, PAExecutrix: Donna M. Hudock c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
9
JEFFREY, EILEEN F., dec’d.Late of the Borough of Bangor, Northampton County, PAAdministrator: Garry Allen WaltersAttorneys: Scott R. Steirer, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064
KAUKER, DOROTHY M., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Donna J. Goss 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
KIST, HAROLD G., dec’d.Late of Bethlehem, Northampton County, PAExecutor: Eric J. BryfogleAttorneys: Raymond J. DeRaymond, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060
KUNDA, ROBERT J., dec’d.Late of 1530 Allen Way, Bethlehem, Northampton County, PAExecutrix: Deborah A. Kunda, 821 Saddleback Place NE, Leesburg, VA 20176Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067
LOFASO, ANN T., dec’d.Late of the Township of Palmer, Northampton County, PAExecutrix: Joanne J. Lofaso
Attorneys: Joseph J. Piperato, III, Esquire, Piperato Law Office, LLC, 3894 Courtney Street, Suite 105, Bethlehem, PA 18017
NIEVES, THERESA, dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Tamara Byrd Sobkow c/o Michael D. Recchiuti, Esquire, 1502 Center St., Suite 202, Bethlehem, PA 18018Attorney: Michael D. Recchiuti, Esquire, 1502 Center St., Suite 202, Bethlehem, PA 18018
POCZAK, ALEX W., dec’d.Late of Bethlehem Township, Northampton County, PAAdministratrix: Bernadine P. Poczak c/o Edward H. Butz, Esquire, 1620 Pond Road, Ste. 200, Allentown, PA 18104-2255Attorney: Edward H. Butz, Esquire, 1620 Pond Road, Suite 200, Allentown, PA 18104-2255
RITCHIE, WILLIAM S., dec’d.Late of Palmer Township, Northampton County, PAExecutrix: Virginia L. Ritchie c/o Charles J. Peischl, Esquire, Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064Attorneys: Charles J. Peischl, Esquire, Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083
ROMAN, DANIEL a/k/a DANIEL J. ROMAN, dec’d.Late of Bethlehem, Hanover Township, Northampton County, PAExecutor: William R. Hayden c/o James L. Reich, Esquire, Reich & Furst Law Offices, 121 N. Cedar Crest Blvd., Suite B, Allentown, PA 18104
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
10
Attorneys: James L. Reich, Esquire, Reich & Furst Law Offices, 121 N. Cedar Crest Blvd., Suite B, Allentown, PA 18104
SILVIUS, MARILYN M., dec’d.Late of the Township of Upper Nazareth, Northampton County, PAExecutrix: Carol D. Correll c/o Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299Attorney: Gregory R. Reed, Esquire, Attorney-at-Law, 141 South Broad Street, P.O. Box 299, Nazareth, PA 18064-0299
STARK, SUSAN LEE a/k/a SUSAN LEE JONES, dec’d.Late of Bethlehem Township, Northampton County, PAExecutor: John T. Stark c/o Richard W. Shaffer, Jr., Esquire, 7736 Main Street, Fogelsville, PA 18051Attorney: Richard W. Shaffer, Jr., Esquire, 7736 Main Street, Fogelsville, PA 18051
TIRPOK, DEBORAH J., dec’d.Late of the Borough of Wilson, Northampton County, PAAdministrator: Jan Scott Tirpok, 2218 Easton Road, Bethlehem, PA 18015Attorney: Paul J. Harak, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016
VERGA, EDWARD A., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutrix: Mary Ann Stevens, 213 Aster Street, Nazareth, PA 18064-1063Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083
NOTICE OF ANNUAL MEETINGNOTICE IS HEREBY GIVEN that
the Annual Meeting of the members of Nazareth Mutual Insurance Company will be held at the office of the Company, 114 South Main Street, Nazareth, Pennsylvania, on Saturday, March 10, 2018 at ten o’clock a.m., local time, for:
1. Election of three directors, each to serve for a three-year term; and
2. The transaction of such other business as may properly come before the meeting.
3. Proxy ballots are available and may be obtained from the company by policyholder request and submitted prior to the above date.
4. Financial Statements are available from the company by poli-cyholder request.
John G. AbbottChairman
Attest: Sally F. Jablonski, SecretaryFeb. 1, 8, 15
IN THE NORTHAMPTON COUNTY COURT OF COMMON PLEAS ORPHANS’ COURT DIVISIONThe following Executors, Admin-
istrators, Guardians & Trustees have filed Accounts in the Office of the Orphans’ Court:
ESTATE; AccountantBERTHA REINHOLD; Martin
Possimato, AdministratorAUDIT NOTICE
All parties interested are notified that an audit list will be made up of all Accounts and the said list will be called for audit at the Northampton County Government Center, Easton, PA on: FRIDAY, FEBRUARY 16, 2018 AT 9:00 A.M. IN COURTROOM #1.
Gina X. GibbsClerk of the Orphans’ Court
Feb. 1, 8
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
11
NOTICE FOR CHANGE OF NAMENOTICE IS HEREBY GIVEN that
on January 8, 2018, the Petition for Name Change of David Mikal Mosey, a minor, Rebecca Licini, his natural parent and guardian, was filed in Northampton County Court of Common Pleas at No. 2018-163, seeking to change the name of the minor child from David Mikal Mosey to Kaleb Mikal Kocher. The Court has fixed February 19, 2018, at 9:00 a.m., in Courtroom No. 4, at the Northamp-ton County Courthouse, 669 Wash-ington 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.
Feb. 8NOTICE FOR CHANGE OF NAME
NOTICE IS HEREBY GIVEN that on January 24, 2018, the Petition of Jennifer Higgins was filed in Northampton County Court of Common Pleas at No. C-48-CV-2018-00727, seeking to change the name of minor child from Christopher Carlos Ruiz to Christopher Carlos Ruiz Higgins. The court has fixed Monday, March 26, 2018 at 9:00 a.m., in courtroom #4 at the Northampton County Courthouse 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.
Feb. 8NOTICE
The City of Bethlehem Codified Ordinances have been revised and updated from January 2017 through December 2017. Updates are available in electronic and paper
formats. Updates in paper format cost $25.00. The entire codified ordi-nances including monthly updates in electronic format are at the City’s website www.bethlehem-pa.gov. Click the about tab/scroll to ordi-nances. The entire codified ordinance book in paper format, including the latest updates through December 2017, is avilable at the cost of $150. Checks should be made payable to: City of Bethlehem. Contact: Louise M. Kelchner, City Clerk, 10 E. Church St., Bethlehem, PA 18018, (610) 865-7130 or cityclerk@bethlehem-pa.gov.
Feb. 8COURT OF COMMON PLEAS NORTHAMPTON COUNTY,
PENNSYLVANIA CIVIL ACTION—LAW NOTICE OF ACTION IN
MORTGAGE FORECLOSURENationstar Mortgage LLC d/b/a Champion Mortgage Company,
Plaintiffvs.
Unknown Heirs, Successors, Assigns and All Persons, Firms or
Associations Claiming Right, Title or Interest From or Under Donald J. Weiss, Kevin T. Weiss, Known Heir of Donald J. Weiss and Kathy A.
Weiss, Known Heir of Donald J. Weiss,
DefendantsNO. C-48-CV-2017-11139
COMPLAINT IN MORTGAGE FORECLOSURE
To: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Donald J. Weiss, Defendant(s), whose last known address is 611 N. Robinson Avenue, Pen Argyl, PA 18072You are hereby notified that
Plaintiff, Nationstar Mortgage LLC
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
12
d/b/a Champion Mortgage Company, has filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Northampton County, PA, docketed to No. C-48-CV-2017-11139, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 611 N. Robinson Avenue, Pen Argyl, PA 18072, whereupon your property would be sold by the Sheriff of Northampton County. NOTICE: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the notice above, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appear-ance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE 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.
Northampton CountyLawyers Referral ServiceP.O. Box 4733Easton, PA 18043-4733(610) 258-6333
JENINE DAVEY, ESQUIREAtty. for PlaintiffRAS Citron, LLC
133 Gaither Dr.Ste. FMt. Laurel, NJ 08054(855) 225-6906
Feb. 8
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
13
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
14
ATTENTION BANKRUPTCY PRACTITIONERS!!Spend an Afternoon on New Local Rules, New Chapter 13 Plan, Revisit the Means Test and Earn 3 CLE Substantive Credits
February 14, 2018Crowne Plaza Reading Hotel
1741 Paper Mill RoadWyomissing, PA 19610
AGENDA
Noon—Meet and Greet Luncheon
1:30—Seminar Panel of Chief Judge Eric Frank, Professor Walter Taggert, Assistant United States Attorney Dave Adams and Chapter 13 Trustee Frederick Reigle, with Moderator George M. Lutz, Esquire
Issues to be addressed include:
• On December 1, 2017 the US District Court for the Eastern District of PA approved the revised local rules of the Bankruptcy Court. What’s new? What’s somewhat different? What’s radically different?
• As part of the local rules the Bankruptcy Court adopted a model Chapter 13 plan. How does the Chapter 13 Trustee approach issues with the new Chapter 13 plan? What’s new? What’s somewhat or radically different? Does it affect a plan in a September 2017 case that has been proposed and noticed to all parties, but not yet been confirmed? Does it affect a plan confirmed in November 2017? Does it affect modification in 2018 of a plan that was confirmed before December 1?
• Has the “Means Test” changed? Can you rely (perhaps not explicitly, but generally) on the previous description of the whys and wherefores of your “Means Test”?
• How have recent SCOTUS, Third Circuit and Eastern District PA decisions affected your practice?
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
15
4:45—Networking Cocktail Reception
Hosted by the Berks County Bar Association
$60 Registration Fee (includes lunch, 3 CLE Credits and one drink ticket)
_____________________________________________________
Name ____________________ Attorney ID Number _________
Address _____________________________________________
To register, please complete this form and, with a check in the amount of $60.00 made payable to Berks County Bar Association, send to BCBA, P.O. Box 1058, Reading, PA 19603 or go to www.BerksBar.org and register online.
Jan. 25; Feb. 1, 8
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
16
LAW OFFICES WELCOME NEW ATTORNEYThe Law Firm of Steckel and Stopp is pleased to
announce that Attorney Erin D. Gilsbach has joined the Firm as an of counsel attorney. Attorney Gilsbach is the Executive Director of EdLaw Interactive (edlawinteractive.com) and a practicing school law attorney. She is an experienced speaker at the state and national levels on matters regarding school law and a frequent author on education law topics, and she provides a wide variety of training programs, as well as legal consulting services, to school districts, charter schools, non-public schools, and education-related organizations. She specializes in school policy and procedure legal defensibility audits as well as trending legal issues regarding school technology, nursing and school health services, truancy prevention, child abuse prevention and mandated reporting, educator evaluation and discipline, and a variety of other school law topics. A former high school English teacher who served for over two years at the Pennsylvania Department of Education’s Office of Chief Counsel, Attorney Gilsbach was voted by her peers as a SuperLawyer© “Rising Star Attorney” for the past five years. She currently serves as the President of the Pennsylvania School Boards Association (PSBA) Solicitor’s Association, and she is an active member of and frequent presenter and author for the National School Boards Association (NSBA), NSBA’s Council of School Attorneys (COSA), the Education Law Association (ELA), and the National Business Institute (NBI). For the past twelve years, Attorney Gilsbach and her husband, Attorney Timothy E. Gilsbach, have resided in the Slatington area along with their three young daughters. She is a fan of musical theater, and she loves learning about computers and technology.
Steckel and Stopp is a Law Firm with offices at Main Street and Walnut Street, Slatington; Schnecksville and Northampton. The Firm has been serving the needs of the Lehigh Valley area for over 70 years.
Feb. 8
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
17
NORTHAMPTON COUNTY REPORTER
17
NORTHAMPTON COUNTY REPORTER Vol. 55 No. 103 12/17/2009
6639
NORTHAMPTON COUNTY REPORTER Vol. 54 No. 122 5/3/2007
Lawyers Concerned For LawyersLawyers Only Recovery Meetings
Substance Use Only Recovery Meetings
Allegheny CountyBerks CountyLackawanna County
Substance Use and Mental HealthRecovery Meetings:
Delaware CountyErie CountyCumberland CountyMontgomery CountyNorthampton CountyPhiladelphia CountyCentre CountyWashington County
These are “closed meetings”—that is, only lawyers recovering from or trying to recover from alcohol, other drug or gambling problems may attend.
Stress, Anxiety and DepressionFor more information, time and location of these
meetings, call the LCL Administrative Office(1-800-335-2572)
or the Confidential Lawyers’ Helpline
(1-888-999-1941).
Quinter v. Century Security Services, Inc.16 Vol. 60
Quinter v. Century Security Services, Inc.
KEVIN W. QUINTER, Plaintiff v. CENTURY SECURITY SERVICES, INC., Defendant
Preliminary Objections—Employment Law—At-Will Employee—Public Policy Exception—Termination.
The Court overruled Defendant’s Preliminary Objection to Plaintiff ’s Complaint, which alleged one count of wrongful termination. Defendant reasoned that because Plaintiff was an at-will employee, Plaintiff ’s Complaint was legally insufficient. Plaintiff argued that although he was admittedly an at-will employee at the time of his discharge from employment, the public policy exception applied. The Court concluded that Plaintiff had averred sufficient facts to survive Defendant’s Preliminary Objections.
In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Division—Law, No. C-48-CV-2017-1691.
Adam D. Meshkov, Esquire, for Plaintiff.
David J. Selingo, Esquire, for Defendant.
Order of Court entered on June 5, 2017 by Murray, J.
ORDER
AND NOW, this 5th day of June, 2017, upon consideration of De-fendant’s, Century Security Services, Inc. (“Defendant”), Preliminary Objections to Plaintiff ’s Complaint, and Plaintiff ’s, Kevin W. Quinter (“Plaintiff ”), Response in Opposition to Defendant’s Preliminary Objec-tions, and Brief in Support of Response in Opposition to Defendant’s Preliminary Objections, it is hereby ORDERED that Defendant’s Prelimi-nary Objections are DENIED.
STATEMENT OF REASONS
I. Factual and Procedural History
The following facts are stated as averred by Plaintiff in his Complaint. On December 25, 2015, Plaintiff was working in his capacity as a Security Guard under the employ of Defendant. Compl. at ¶¶4-5. At approximately 6:00 p.m. while operating a vehicle owned by Defendant (the “Vehicle”) and patrolling the south parking lot of the Sands Bethlehem Casino lo-cated at 77 Sands Boulevard, Bethlehem, Northampton County, Pennsyl-vania 18015, Plaintiff made a wide turn and struck the concrete base of a lamppost. Id. at ¶¶5-6. Plaintiff reported the incident to his co-worker, Robert Knoll, who immediately informed Plaintiff ’s Captain, Patricia Clement-Vaial. Id. at ¶¶7-8. Sands Security arrived, and Plaintiff was ques-tioned about whether he had recently consumed alcohol. Id. at ¶11. Plain-tiff responded that he had a glass of wine with his lunch earlier that day. Id. Plaintiff was then transported by ambulance to St. Luke’s Hospital in
18
17Quinter v. Century Security Services, Inc.
Fountain Hill, Pennsylvania where he was treated for injuries to his forehead, head, and neck. Id. at ¶12. While at the hospital, Plaintiff was questioned by the City of Bethlehem Police, and Plaintiff ’s blood alcohol content was measured at .000%. Id. at ¶13. Prior to discharge, a laceration on Plaintiff ’s forehead was sutured, and Plaintiff was given a neck brace. Id. at ¶14. Plaintiff was advised to wear the neck brace for two weeks and restricted from driving. Id.
On December 26, 2015, Plaintiff contacted Captain Clement-Vaial via telephone to inform her that he would be out of work for two weeks due to his injuries. Id. at ¶15. During this phone conversation, Plaintiff also spoke to Daniel Yeager, another employee of Defendant, who questioned Plaintiff about the Plaintiff’s alcohol intake prior to the vehicle collision. Id. at ¶16. On December 28, 2015, Plaintiff was contacted by one of De-fendant’s employees and directed to contact Marion Yates from Defendant’s workers’ compensation insurance carrier. Id. at ¶17. Upon contacting Yates, Plaintiff was advised to go to St. Luke’s Anderson Campus to have his sutures removed. Id. at ¶18. Plaintiff went to St. Luke’s Anderson Campus on December 30, 2015, where he had his sutures removed and was di-rected to make a follow-up appointment at St. Luke’s Trauma Center. Id. at ¶19. Said follow-up appointment was held on January 7, 2016, and Plaintiff was then advised that he would need to undergo thirty days of physical therapy before he could return to work. Id. at ¶20. Plaintiff advised Captain Clement-Vaial that he would need additional time off from work. Id. at ¶21. Captain Clement-Vaial informed Plaintiff that he was required to undergo CPR training, to submit a Return to Work letter from his doctor and to bear the cost of these requirements. Id. at ¶24. On January 12, 2016, Yates informed Plaintiff that his workers’ compensation claim was denied. Id. at ¶22.
Plaintiff returned to work on February 4, 2016. Id. at ¶25. On Febru-ary 5, 2016, Plaintiff was advised by Captain Clement-Vaial via telephone that he should not return to work until he completed a telephone interview with Defendant’s Human Resources Department on February 8, 2016. Id. at ¶26. On February 8, 2016, Plaintiff received a telephone call from Cap-tain Clement-Vaial , who informed Plaintiff that his employment was ter-minated due to the costs of the damages and repairs to the Vehicle in con-nection with the December 25, 2015 incident. Id. at ¶27. Captain Clement-Vaial further commented that Plaintiff was a “good, reliable worker” and that she would give Plaintiff a “good reference.” Id.
Plaintiff avers that several of Defendant’s employees were also in-volved in similar work vehicle accidents where the vehicles were deemed totaled but that those employees were not terminated. Id. at ¶28. Plaintiff maintains that said employees did not, however, pursue a workers’ com-pensation claim. Id. Plaintiff filed his Complaint on March 7, 2017, alleg-ing one count of wrongful termination. On March 29, 2017, Defendant filed
19
Quinter v. Century Security Services, Inc.18 Vol. 60
Preliminary Objections to Plaintiff ’s Complaint. Plaintiff filed his Response in Opposition to Defendant’s Preliminary Objections and Brief in Support of Response in Opposition to Defendant’s Preliminary Objections on April 19, 2017.
The matter of Defendant’s Preliminary Objections was placed on the April 25, 2017 Argument List. The parties presented oral argument before the undersigned.
II. Discussion
A. Legal Standard
A court may properly grant preliminary objections when the pleadings are legally insufficient for one or more of the reasons enumerated in Rule 1028 of the Pennsylvania Rules of Civil Procedure. In ruling on preliminary objections, “we will consider as true all well-pleaded facts and inferences reasonably deducible therefrom, but not conclusions of law, argumentative allegations or opinions.” Erie County League of Women Voters v. Com-monwealth, Department of Environmental Resources, 106 Pa. Common-wealth Ct. 369, 370-71, 525 A.2d 1290, 1291 (1987). In considering a preliminary objection that seeks the dismissal of a cause of action, a court must only sustain such a preliminary objection “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.” Feingold v. Hendrzak, 15 A.3d 937, 941 (Pa. Super. 2011).
A demurrer tests the legal sufficiency of the evidence. Pa. R.C.P. 1028(a)(4). A preliminary objection in the nature of a demurrer “is deemed to admit all well-pleaded facts and all inferences reasonably deduced there-from.” Penn Title Insurance Company v. Deshler, 661 A.2d 481, 482-83 (Pa. Commw. 1995). “In determining whether to sustain a demurrer, the court need not accept as true conclusions of law, unwarranted inferences from facts, argumentative allegations, or expressions of opinion.” Id. at 483. Further, “[i]f any doubt exists as to whether a demurrer should be sustained, it should be resolved in favor of overruling the preliminary ob-jections.” Feingold, supra.
B. Legal Discussion
The law presumes that all employment is at-will, and an at-will em-ployee can be discharged “for good reason, bad reason, or no reason at all.” Krajsa v. Keypunch, Inc., 424 Pa. Super. 230, 237, 622 A.2d 355, 358 (1993). Accordingly, “[a]s a general rule, there is no common law cause of action against an employer for termination of an at-will employment relationship . . . discharge will not be reviewed.” Luteran v. Loral Fairchild Corp., 455 Pa. Super. 364, 370, 688 A.2d 211, 214 (1997), quoting Scott v. Extracor-poreal, Inc., 376 Pa. Super. 90, 545 A.2d 334 (1988). A narrow exception
20
19Quinter v. Century Security Services, Inc.
to the employment at-will doctrine is where the discharge “violates clear mandates of public policy.” Krajsa, supra at 241, 622 A.2d at 360. In Shick v. Shirey, our Supreme Court specifically held that where an employer discharges an employee in retaliation for filing a workers’ compensation claim, said employer violates public policy and can be liable at common law for wrongful discharge. 552 Pa. 590, 599, 716 A.2d 1231, 1235 (1998). That is, the employer’s retaliatory act against the employee is an actionable wrong in Pennsylvania. See Francis v. Lotwick, No. 1:12-CV-842, 2012 WL 4747433, at *3 (M.D. Pa. Oct. 4, 2012).
In responding to Defendant’s Preliminary Objections, Plaintiff does not assert that Plaintiff was not an at-will employee but rather, argues that the public policy exception applies.1 Moreover, Defendant’s Preliminary Objections do not consider whether the public policy exception is appli-cable or properly pled, but at Argument, Defendant argued that Plaintiff ’s public policy argument lacks any factual basis. In reviewing Plaintiff ’s Complaint, we disagree. Plaintiff clearly details the timeline leading up to his termination, which occurred days after returning from work and mere weeks after initiating a workers’ compensation claim. Importantly, although Plaintiff states the reason for termination as stated by Captain Clement-Vaial—the damages and repairs to the Vehicle were too costly—Plaintiff maintains that other similarly situated employees were not fired after more serious vehicular accidents. Plaintiff asserts that those employees, unlike Plaintiff, did not pursue workers’ compensation claims. As a final point, the fact that the workers’ compensation claim was unsuccessful does not change this Court’s conclusion.
———1 The at-will presumption is an “extremely strong one.” See McLaughlin v. Gastroin-
testinal Specialists, Inc., 561 Pa. 307, 314, 750 A.2d 283, 287 (2000). To rebut this presump-tion, “a party must establish one of the following: (1) an agreement for a definite duration; (2) an agreement specifying that the employee will be discharged for just cause only; (3) sufficient additional consideration; or (4) an applicable recognized public policy exception.” Luteran v. Loral Fairchild Corp., 455 Pa. Super. 364, 370, 688 A.2d 211, 214 (1997).
21
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
22
Northampton County Bar Association
Notification of Change Form
In order to maintain up-to-date information on all members and subscribers of the Reporter, complete the form below and return it to the NCBA Office whenever you have a change and/or addition to your address, telephone number, fax number or e-mail address. Return to: Northampton County Bar Association, 155 South Ninth Street, Easton, PA 18042-4399, FAX: (610) 258-8715.
Previous information:
NAME _____________________________________________________________________
ADDRESS ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
TELEPHONE ______________________________ FAX _____________________________
E-MAIL ____________________________________________________________________
New information:
NAME _____________________________________________________________________
ADDRESS ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
TELEPHONE ______________________________ FAX _____________________________
E-MAIL ____________________________________________________________________
NORTHAMPTON COUNTY REPORTER Vol. 60 No. 6 2/8/2018
23
DELI TO: VER
PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, February 12, 2018