Download - Vol. LVII Allentown, PA Friday, April 21, 2017 No. 43lehighbar.org/wp-content/uploads/2014/04/Lh-57_43April21.pdf · A resume, including salary requirements, can be sent in confidence

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Vol. LVII Allentown, PA Friday, April 21, 2017 No. 43

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THE COURTThe Hon. Edward D. Reibman, President Judge

The Hon. Carol K. McGinley, Judge The Hon. Robert L. Steinberg, Judge

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

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

The Hon. Michele A. Varricchio, JudgeThe Hon. Douglas G. Reichley, JudgeThe Hon. Daniel K. McCarthy, Judge

LEHIGH LAW JOURNAL (USPS 309560)

Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY

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

MICHELLE M. FORSELL, President SARAH M. MURRAY, President-Elect

JAMES J. KOZUCH, Vice President ROBERT P. DADAY, Secretary

BUDDY M. LESAVOY, Treasurer SUSAN G. MAURER, Historian

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

GRAIG M. SCHULTZ, Case Editor Copyright © 2017 Bar Association of Lehigh County

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

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

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

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

at additional mailing offices.

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

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~HECTOR ROSADO Y ORQ HACHE~

Saturday, May 6th, 2017 10PM-12PM

Hector Rosado brings his Latin jazz salsa group back to Allentown Jazz Fest for a late night salsa dance party!

Tickets are $10 in advance/$15 at the door.

www.allentownjazzfest.org

21 years of age and older.

1114 Walnut Street Allentown, PA, 18102

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

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

James C. Schwartzman, Esq.Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,

Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former

Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”

1818 Market Street, 29th Floor, Philadelphia, PA 19103

(215) 751-2863

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

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A night of crawling in downtown Bethlehem ~ grab your friends and co-workers for a fun night of networking and mingling

drink and/or appetizers at each stop

Register at www.naifalv.org before the event $10 Cover Charge

Registration @ Edge ~ 5:30pm to 6pm

Restaurants include: Edge, Brew Works, Twisted Olive, Apollo, Ripper’s Pub

Stop in to see our business sponsor and stamp your passport for a chance to win great door prizes at the end of the night including:

Gift Card to Apollo Beer Basket by YLD

Gift Card to Black Forest Deli More to come . . .

Raffle tickets available for a signature door prize TBD $5/tix

Head back to Brew Works at 9:00pm for some appetizers,

door prize giveaways, raffle winner and more fun.

National Association of Young Lawyer Division

Insurance & Finc Advisors Bar Assn of Lehigh County

Room for your sponsorship ~ contact us @

[email protected]

Nyemscek Team

Thank YOU!!!

Tom Bartholomew

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ATTORNEY WANTED

The law firm of Fitzpatrick Lentz & Bubba, P.C. is seeking a highly qualified attorney for its Corporate Business & Bank-ing and Real Estate, Land Use & Development Law Practice Groups. The position is in its Center Valley, Pennsylvania office. The ideal candidate should have experience represent-ing entities and individuals in all types of transactions, includ-ing particularly real estate finance, acquisitions and sales, and other real estate-related practice areas such as land use and zoning, eminent domain and tax assessment law. The suc-cessful candidate will be involved in small to multi-million dollar transactions for buyers, sellers, borrowers and lenders and also in development projects in a variety of industries.

A resume, including salary requirements, can be sent in confidence to Fitzpatrick Lentz & Bubba, P.C. at P.O. Box 219, Center Valley, PA 18034 or to [email protected].

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PARALEGAL POSITION

IMMEDIATE OPENING for a Paralegal. Experience in Plaintiff Personal Injury work preferred. Responsible for all aspects of the case, including extensive client contact, inves-tigation, file development, pleadings, discovery, trial prepara-tion and appeals. Additional requirements include the abil-ity to work independently and excellent computer skills, including Word, Excel and case management software, i.e. Amicus and PC Law helpful. Salary based upon experience. Health, dental and eye benefits, IRA employer match and bonus based upon performance.

E-mail or mail resume in confidence to: Pfeiffer & Bruno, P.C., P.O. Box 468, Easton, PA 18044-0468, E-mail: [email protected]. No telephone calls please.

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ATTORNEY—BILINGUAL (SPANISH)

Domestic Violence Service Center, Wilkes-Barre, PA

$40,000/Year

Full-Time

Provide legal information, consultation, and representation to victims of domestic violence who are program participants of Domestic Violence Service Center (DVSC). Job duties will include legal representation/emergency justice-related as-sistance of program participants related to actions directly connected to family violence cases that are taken to ensure the health and safety of the domestic violence victim, includ-ing petitioning/filing Emergency Protection From Abuse orders, injunctions, elder abuse petitions, child abuse peti-tions, other petitions/protective orders and emergency cus-tody/visitation. Local travel required. Must have Act 33/34 Clearances and have current PA Attorney License. Candidate must be Bilingual in Spanish. DVSC offers an excellent com-pensation and benefits package. Equal Opportunity Em-ployer. Contact: [email protected] or (570) 823-6799.

4-14—7-7

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FAMILY LAW/EDUCATION ASSOCIATE ATTORNEY (BETHLEHEM)

KingSpry, a progressive, expanding regional law firm seeks a full-time entry-level Family Law/Education Attorney for our family and education law groups. Candidate must be capable of working independently, maintain confidentiality, be a self-starter and work effectively with clients and others in the firm.

Requirements: proficient in Microsoft Office, including Word, Outlook and Excel. Possess excellent written and oral communication skills and be detail oriented.

Qualified applicants should submit resume and cover letter with salary requirements. Full benefit package provided.Please submit cover letter and resume to Sarah O’Steen ([email protected]; (610) 332-0314 fax).

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ONE BLOCK FROM THE COURTHOUSE (ALLENTOWN)

Office space available in downtown Allentown. Walking distance to the Federal and Lehigh County Courthouses, post office, banks, hockey arena, restaurants, etc. Single office or two-room suite available. Utilities, a parking space and use of the conference room are included. Great for an attorney or business professional. Very reasonable rent. Contact for an appointment, (610) 776-8677.

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Catasauqua Borough vs. Catasauqua ZHB 447

Lehigh 7-17 op

CATASAUQUA BOROUGH, BOROUGH COUNCIL OF THE BOROUGH OF CATASAUQUA, APPELLANTS

vs. CATASAUQUA BOROUGH ZONING HEARING BOARD, APPELLEE

Zoning Hearing Board—Municipalities Planning Code—Zoning Ordinance—Dimensional Variance—Use Variance—Notice of

Land Use Appeal—Error of Law.

Intervenor requested, and was granted, four variances from the Borough of Catasau-qua Zoning Ordinance. The two dimensional variances and two use variances pertained to an approved two-unit residential apartment building, which was illegally converted to a three-unit apartment building before it was purchased by Intervenor. Appellant argued that the Zoning Hearing Board erred in granting the variances requested by Intervenor. On appeal, the Court agreed with Appellant. Specifically, the Court concluded that the Zoning Hearing Board committed an error of law, in that the Board failed to consider each require-ment for the issuance of a variance prior to granting Intervenor’s variance request.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Civil Division. File No. 2016-C-2584. Catasauqua Borough, Borough Council of the Borough of Catasauqua, Appellants vs. Catasauqua Borough Zoning Hearing Board, Appellee.

Thomas Dinkelacker, esquire, on behalf of Appellants.

emil W. kanTra, ii, esquire, on behalf of Appellee.

mark malkames, esquire, on behalf of Intervenor Wilbur E. Hill.

MEMORANDUM OPINION

reichley, J., February 16, 2017. The Borough of Catasauqua and the Borough Council of the Borough of Catasauqua, Appel-lants, are appealing from a decision entered by the Catasauqua Borough Zoning Hearing Board (the Board) which granted certain variance requests made by Intervenor, Wilbur E. Hill, by a decision dated August 15, 2016. For the reasons set forth herein, the Court finds that the Board committed an error of law and, accordingly, the August 15, 2016 decision is REVERSED.

FACTUAL AND PROCEDURAL HISTORY

The basic facts are not subject to dispute. Intervenor is the owner of certain realty located at 231 Church Street, Catasauqua,

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Catasauqua Borough vs. Catasauqua ZHB448

Lehigh 7-17 op

Lehigh County, Pennsylvania 18032. The subject property is a rental property which is located in the Borough of Catasauqua’s High Density Residential (R-3) Zoning District. On December 20, 2002, the subject property was approved for, and has since been used as, a two-unit residential apartment building. The building is approximately 19.82 feet wide by 110 feet deep.

At some point between December 20, 2002 and April 25, 2016, Intervenor’s father, who owned the property before Inter-venor purchased it, had installed a third apartment unit in the building. The third apartment was constructed in the basement, and Intervenor’s father neither obtained any permits or approvals from the Borough of Catasauqua. Subsequent to the installation of the third apartment, Intervenor purchased the building from his father and continues to operate the property as a three-unit residential apartment building. The third unit is accessed from a door at the rear of the building. It is approximately six steps below grade at that entrance.

There are four off-street parking spaces on the property. The configuration of the building is a two-bedroom unit on the second floor, a single bedroom unit on the first floor, and an efficiency unit in the basement. Neighbors who appeared before the Zoning Hearing Board testified that there always appeared to be ample on-street parking to accommodate all residents, and that they have not witnessed any problems arising from the additional unit in the building.

Intervenor conceded the basement unit was illegally installed by his father and that he has continued to operate the building as a three-unit apartment.

On or about April 25, 2016, the Borough’s Zoning Officer learned of the third apartment in the building. The same day, the Zoning Officer issued a zoning enforcement notice pursuant to Section 616.1 of the Municipalities Planning Code. 53 P.S. §10616.1. Intervenor appealed to the Zoning Hearing Board.

On July 12, 2016, the Board held a hearing following proper public notice of the hearing. Intervenor acknowledged the third

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Lehigh 7-17 op

apartment unit was developed and occupied illegally due to his father’s failure to apply for or receive any of the requisite permits. Intervenor requested four variances from the Borough of Catasau-qua Zoning Ordinance:

1. A variance from Section 280-25 and Attachment 1, which prohibits conversion of an existing building resulting in an increased number of dwelling units in an R-3 Zone;[1]

2. A variance from Section 280-38A, which requires two off-street parking spaces per dwelling unit, to accommodate the fact the building has four off-street spaces but requires six;

3. A variance from Section 280-54C, establishing the minimum size of dwelling units at 500 square feet of enclosed habitable, indoor, heated floor area; and

4. A variance from Section 280-54C, relating to the requirement that a dwelling unit be ‘primarily above the level of the ground.’

Testimony in the Zoning Hearing Board hearing from a sur-veyor employed by the Intervenor indicated the premises had only 2,180 square feet of indoor heated living space instead of the re-quired 3,000 square feet. The surveyor also testified the basement apartment consisted of 420 square feet, less than the 500 square feet of habitable indoor heated living space required under the ordinance.

Additional testimony before the Zoning Hearing Board was offered by neighbors who attested to the fact that the subject property has not been a cause of any issues in the time since the basement apartment was installed.

On August 15, 2016, the Zoning Hearing Board issued a writ-ten decision granting the variances Intervenor requested, subject to three conditions: (1) capping the total number of occupant in

1 R-3 is high density residential, permitting single-family detached dwellings, twins, and townhouses or row homes. See Borough of Catasauqua Zoning Ordinance §280 At-tachment 1.

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Lehigh 7-17 op

the building at any time to four; (2) requiring that the use complies with the licensing requirements of the Borough of Catasauqua Residential Licensing Program; and (3) that Intervenor have the basement apartment inspected by the Catasauqua Building Official and be in full compliance with the Building Code. (Decision of the Zoning Hearing Board, August 15, 2016, at 3.)

On September 9, 2016, Appellant filed a Notice of Land Use Appeal in the Court of Common Pleas of Lehigh County. The Court issued a briefing schedule on September 20, 2016, with which the parties complied. On February 7, 2017, the Court heard oral argument on the instant appeal and took the matter under advisement.

This Opinion follows.

DISCUSSION

Appellant has raised three issues on appeal:

1. Whether the Board erred in granting the variances requested by Intervenor;

2. Whether Intervenor failed to carry his burden of proof to show that as a result of the required Zoning Ordinance, the property was rendered useless, and

3. Whether the Board failed to consider each require-ment necessary to grant a variance constituted an error of law.

(Brief of Appellant, at 6.)

When the record includes findings of fact by a zoning board and the court does not take additional evidence, the findings of the board “shall not be disturbed by the court if supported by substan-tial evidence.” 53 P.S. §11005-A. “The court may not substitute its judgment for that of the local [zoning board] unless the board manifestly abused its discretion.” Nascone v. Ross Township Zon-ing Hearing Board, 81 Pa. Commonwealth Ct. 482, 486, 473 A.2d 1141, 1142 (1984). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclu-

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NewsLine ______________April 21, 2017

Law Day Luncheon 2017: The 14th Amendment Transforming American Democracy

BALC Members and Guests are invited to attend this annual event at The Bar Association of Lehigh County. Please join your

fellow colleagues for this luncheon as we discuss The 14th Amendment.

The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law.

Monday, May 1st, 2017 at 12pm.

$22 Per Person (Open Seating) $176 Per Table of 8 (Reserved)

$220 Per Table of 10 (Reserved, Only 4 Available)

Please plan on attending this luncheon. As in years’ past, the Law Day Committee of the Bar Association of Lehigh County will be presenting

the “Liberty Bell Award” to one deserving recipient.

RSVP to Karen at 610-433-6204 x 12 RSVP deadline: COB April 28th

Thank you to our event sponsor,

***The Law Day Committee is currently seeking volunteers willing to discuss the Law Day theme and legal careers with high school students

on the morning of May 1st. Any interested members, please contact Rebecca Young at [email protected]***

NewsLine 2

Spring Event at Coca-Cola Park

Wednesday, May 3rd at 7:05 pm

Make plans now to join the Bar Association on Wednesday, May 3rd for a Night at Coca-Cola Park with The Iron Pigs.

No doubt the best view in the park is from the Dugout Suites right behind home plate, where you’re closer to the batters than

the pitcher is! This event is open to members of the Bar Associations and invited guests.

Complimentary Food, Complimentary Beer, Wine and Soda

$25 for Members and $35 for Non-Members (Please limit total ticket request to 6 per party)

Rain or Shine! Contact Erin at [email protected]

Thank you to our sponsor for making this event possible

NewsLine 3

CLE on Wheels to New York City

911 Memorial/Museum with One World Observatory option

Monday, June 12, 2017

Depart from the Bar Association at 9AM Return to the Lehigh Valley around 9PM

We will arrive at the 911 Memorial where we have a reserved entry time into the Museum of 11AM. You will have plenty of time to spend at this famous and solemn landmark. You have the option to visit One World Observatory with timed group entrance at 2PM for additional cost of $30 per person (minimum of 20 required for group admission) . Cost includes 1 Ethics Credit, bus transportation, timed admission to the 911 Museum, services of a professional travel guide, and driver gratuity. All meals are on your own, your guide will offer you restaurant recommendations.

If you have not yet visited One World Observatory it is definitely something to experience. See Forever™ in the bright light of day. Marvel at unparalleled views of Manhattan, Brooklyn, New Jersey and the surrounding waters. There’s nothing quite like it, anywhere. For more details go to: oneworldobservatory.com/information/

Cost: $85 per person (Includes one Ethics Credit, and admission to 911 Museum)

or $115 per person (Includes 1 Ethics credit, reserved admission to 911 Museum and entrance to One World Observatory)

Bus only option: $60 (Includes 1 Ethics credit, NO admissions)

Please RSVP to Nancy at [email protected] by May 5th.

NewsLine 4

SAVE THE DATE: Annual Picnic

The Annual Bar Association Picnic and Golf Outing has been scheduled for Monday, July 10,

at Brookside Country Club

A full day of Softball, Quoits, Swimming, Tennis, Bridge and Golf

Brunch/Luncheon Style Buffet will be served in the Brookside Room and on the Terrace, a Cocktail Hour will include Brookside’s exceptional Hors d’oeuvres including steamed clams, Brookside’s famous Buffet Style Dinner and dessert will be served, along with Complimentary snacks and beverages throughout the day. *all activities & schedule subject to change due to participation*

Start working on your Golf Foursomes. Registration opens soon!

NewsLine 5

SAVE THE DATE: Bench Bar 2017

September 22-24th

Baltimore Inner Harbor Royal Sonesta Harbor Court

550 Light Street Baltimore, MD 21202

Book your rooms now for our Annual Bench Bar Conference. The Bench Bar Committee is hard at work designing Baltimore related CLE's and great Social Events to include receptions, a Pub Crawl and an Orioles Baseball Game. You can take advantage of our special room pricing 3 days before and 3 days after the conference if you want to extend your stay. Contact the Royal Sonesta to Book your room: Single and Double Rate $189 Triple Rate $209 Quad Rate $229 (Taxes and Service Charges not yet applied) See BALC Website for online booking link or call the hotel directly: Ms. Sheila Carey, In-House Reservationist, 1-410-347-9735 and use Group Code 1007LKLKKL)

NewsLine 6

Lawyer Referral Service Registration Form: If you are interested in LRS participation, please return the completed application, along with the appropriate fee as noted below. All checks should be made payable to: LAWYER REFERRAL SERVICE. **The registration fee for BALC MEMBERS is $75.00 per year; this includes membership on two (2) referral panels and subpanels. Each panel is bolded and you may choose as many subpanels as you like, covered under the panel price. You may elect to participate in more than two panels at an additional cost of $30 each.

1 PANEL: $75.00 4 PANELS: $135.00 2 PANELS: $75.00 5 PANELS: $165.00 3 PANELS: $105.00 6 PANELS: $195.00

**The registration fee for NON-MEMBERS is $120 per year; this includes membership on two (2) referral panels and subpanels. Each panel is bolded and you may choose as many subpanels as you like, covered under the panel price. You may elect to participate in more than two panels at an additional cost of $30 each.

1 PANEL: $120.00 4 PANELS: $180.00 2 PANELS: $120.00 5 PANELS: $210.00 3 PANELS: $150.00 6 PANELS: $240.00

The Lawyer Referral office receives phone calls from clients requesting services from attorneys. At this time, the office will obtain all needed information from the client and contact the attorney to schedule. They are entitled to a half-hour consultation with the attorney for a $25 fee. An information sheet will be faxed to each attorney, which needs to be completed at the end of each consultation. The referral form must be faxed back to the LRS office upon completion of the consultation. Client fees are pre-paid to the LRS office. Fees are determined by the attorney for any services requested after the consultation. Please notify the LRS office if you are unavailable to accept referrals due to vacations, etc. This will ensure no clients are referred to your office while you are away. Please note that screening of clients is not permitted – no telephone consultations prior to the client coming in unless specified on the referral form. All attorneys must contact the client within 3-5 business days upon receipt of referral.

NewsLine 7

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

* PLEASE PROVIDE A COPY OF INSURANCE LIABILTY FORM

NewsLine 8

LAWYER REFERRAL SERVICE APPLICATION

I further agree that I will not charge nor solicit any fees other than the $25.00 referral fee for the first conference, of one-half hour in duration, with the referral client. As part of the initial conference, I will advise the client in writing as to what further legal action I feel is required, if any. It is understood that the initial conference is for legal advice only and does not include the preparation of letters or legal documents and further that I will be compensated for any additional legal services in an amount to be agreed upon in writing by myself and the referral client. Any complaints submitted to the Bar Association of Lehigh County regarding attorneys who are members of the Lawyer Referral Service will be reviewed by the Lawyer Referral Committee and subsequently by the Board of Directors. Any actions will then be determined. All referrals must be processed within 3-5 business days. Any attorney who fails to process three (3) referrals within such period will be terminated from the program. In consideration of the Bar Association of Lehigh County maintenance of the Lawyer Referral Service, I agree: That the information herein contained may be furnished to any prospective client in connection with the operation of the Lawyer Referral Service; that I may withdraw my registration at any time upon five (5) days written notice to the Lawyer Referral Service and will promptly notify the Lawyer Referral Service in writing of the disposition of the client's case referred to me and that I in no event will hold or claim to hold the Lawyer Referral Service, the Bar Association of Lehigh County, any officer, trustee, member or employee to any liability in connection thereof with the use of the Lawyer Referral Service. I certify that I am a member in good standing of the Supreme Court of Pennsylvania and of the Bar Association of Lehigh County.

Signature: Date: _______

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

NewsLine 9

[__] Administrative __ Housing Authority

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

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

__ Juvenile __ C & Y Investigations

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

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

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

[__] Immigration [__] Intellectual Property

__ Copyright __ Trademark __ Patent

[__] Labor

__ Employer __ Employee __ Union __ Wrongful Termination __ Unemployment Compensation __ Worker’s Compensation

[__] Military [__] Real Estate Property

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

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

NewsLine 10

MODEST MEANS PROGRAM APPLICATION

Please complete all the information on the application, including the waiver portion, and return it to the attention of the Modest Means Program Coordinator, along with a copy of the declaration sheet from you malpractice insurance policy. The $50.00 panel fee is also required with the application. Should you have any questions regarding the Modest Means Program or the application, please call Erin at 610-433-6204 x 19 or email at [email protected].

Name: ____________________________________________ Attorney ID:___________________ Firm:_______________________________________ Office Address: ____________________________________________________________________________________________________________________________________ Phone: ______________________________ Fax: __________________ Email Address and/or Web Site: ____________________________________________ Month & Year of Pennsylvania Bar Admission: ____________________ Law School Attended: __________________ Date of Graduation:______________ Undergraduate School Attended: _______________________________ Other Courts to Which Admitted: (Please indicate dates of admission) ________________________________________________________________________________________________ Foreign Languages: ________________________________________________ Best Method of Contact: ________________________________________________

CLE UPDATE for the week of: April 21, 2017

PBI Group Cast Seminar “How to Handle Small and Insolvent Estates”

Monday, April 24, 2017

ARE YOU DEALING WITH AN “ESTATE”? Learn how to evaluate a case to determine if you need to open an estate and whether it is safe to simply “walk away” from a decedent’s creditors.

WHO GETS PAID? When the decedent’s debts exceed his assets, in what order are the assets distributed?

IS IT IN YOUR CLIENT’S BEST INTEREST TO SERVE AS A PERSONAL REPRESENTATIVE?

Learn the appropriate things to take into consideration when advising your client and what other alternatives are available.

LEARN THE STEPS TO Identify an insolvent estate Determine who gets paid and in what order Resolve disputes Determine alternatives and procedures for handling these

estates Deal with creditors’ claims

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 12:15 PM

3 Substantive Credits; Tuition: $179.00 To Register Call PBI @ 1.800.932.4637

CHANGE OF PBI POLICY

Because of low attendance at many PBI Simulcast seminars in recent months, PBI has adopted a policy to cancel programs when the registration does not justify the direct costs. PBI may cancel programs approximately ten (10) days before the scheduled date of the presentation under these circumstances.

Although PBI no longer charges extra tuition for walk-ins, to avoid cancellation of seminars which you would like to attend, please pre-register.

Call the PBI Registration Number at: 1.800.932.4637 before the program if you plan to

register “at the door”.

CLE Update 2

CLE MINI VIDEO COMPLIANCE CAMP Tuesday, April 25, 2017

Earn up to 2 Substantive & 1 Ethics credits in one afternoon.

Three videos, originally taped during live seminars held at BALC will be re-played for viewers to earn one credit for each video. Pick and choose however many you care to view.

If you attended any of these seminars live, or viewed any of the DVD’s in the past, you still qualify to earn CLE

credit at this offering.

The tuition for EACH one-credit program is $30.00 for BALC or NCBA members and $45.00 for non-members.

To register: FAX the form below; 610.770.9826 e-mail: [email protected] or

Call: Nancy @ 610.433.6401 Ext: 16

Mini Video Compliance Camp April 25, 2017

NAME:______________________________ PASup.Ct.ID#:________________________ Phone:______________________________ [ ] 1:00 PM – “Oliver Wendell Holmes and the Birth of Modern American Law – Part I” 1 Substantive Credit [ ] 2:10 PM – “So You Think You Want to be a Judge?” 1 Ethics Credit [ ] 3:20 PM – “Medication Misadventure Cases: 10 Tips for Attorneys” 1 Substantive Credit

All Video Offerings at both the Video Compliance Camp, (April 21st) and the

Mini Video Compliance Camp, (April 25th) Count as Live Credits in Pennsylvania

CLE Update 3

PBI Group Cast Seminar “11th Annual Intellectual Property Law Institute”

(Day 1 of 2) Wednesday, April 26, 2017

Intellectual property is a burgeoning practice area with nuances and ever-changing innovations and issues that can try the patience of even the most seasoned practitioners. No one can afford to remain unacquainted with the rights and potential liabilities that may arise. That’s why those in the know attend PBI’s Intellectual Property Law Institute year after year. This is PBI’s 11th Institute and it has something for everyone from the novice to the expert.

ADVANCE YOUR IP KNOW-HOW WHILE LEARNING ABOUT: U.S. Court of Appeals for the Federal Circuit year in

review Recent and pending trademark cases IP litigation Copyright updates IP ethics potpourri Trade secret updates

Registration and Breakfast: 8:30 AM

Seminar: 9:00 AM – 5:00 PM; Tuition: $329.00 6 Substantive & 1 Ethics Credits (Integrated)

Boxed lunch included with tuition To Register Call PBI @ 1.800.932.4637

PBI Group Cast Seminar “11th Annual Intellectual Property Law Institute”

(Day 2 of 2) Thursday, April 27, 2017

Join PBI on Day 2 of their Annual Intellectual Property Law Institute

ADVANCE YOUR IP KNOW-HOW WHILE LEARNING ABOUT: U.S. Court of Appeals for the Federal Circuit year in

review Recent and pending trademark cases IP litigation Copyright updates IP ethics potpourri Trade secret updates

Registration and Breakfast: 8:00 AM Seminar: 8:30 AM – 4:30 PM; Tuition: $329.00 5 Substantive & 1 Ethics Credits (Integrated)

Boxed lunch included with tuition To Register Call PBI @ 1.800.932.4637

CLE Update 4

PBI Group Cast Seminar “18th Annual Legal Issues in an Age of Aging”

Friday, April 28, 2017

Pennsylvania’s population remains one of the oldest in the nation. Stay up-to-date with new trends in elder law.

For the past 17 years, this program has been a fundamental source of information for attorneys representing elderly persons and their families. It has also proven to be invaluable for attorneys making arrangements for their own and their family’s long-term needs. PBI’s expert panel of attorneys, who work closely with the elderly on a day-to-day basis, will share their insights and advice in this ever-changing and heavily regulated field.

Registration and Breakfast: 8:00 AM Seminar: 8:30 AM – 4:00 PM

5 Substantive & 1 Ethics Credits Boxed lunch included with tuition

Tuition: $279.00 To Register Call PBI @ 1.800.932.4637

DON’T WAIT UNTIL THE LAST MINUTE!

Just a few days left in Compliance Period #1 Earn your Continuing Legal Education Credits

Have Lunch at BALC Headquarters Enjoy Interesting Live Speakers and PBI Experts

Compliance Period #1 Ends Sunday, 4-30-17 Last chance to acquire credits at BALC: 4-28-17

Don’t forget – if you want to see an up-to-date schedule of CLE courses being held at BALC, log on to: www.lehighbar.org At the top of the home page point on ‘CLE Seminars’ and on the drop down menu click on ‘CLE Seminar Listing’, open the file and see what’s scheduled. For more course information, go to our ‘Calendar’ and click on the date of the course you are interested in for full information. It’s that easy!

CLE Update 5

BALC LUNCH AND LEARN SEMINAR

“Top Five Evidentiary Pitfalls at Trial” Presented by: Kimberly Krupka, Esq., Jennifer Weed, Esq. and

Sarah Hart, Esq. Tuesday, May 2, 2017

Despite learning them in law school, many evidentiary rules have left our brains as they aren’t at the forefront of our everyday practice. However, there are pitfalls at trial that can be avoided by re-educating ourselves on certain rules of evidence. During this course, three of Gross McGinley’s experienced litigators will review the top five evidentiary rules that should be at the forefront of an attorney’s mind when prepping for trial including hearsay, impeachment, damages, privilege, and expert qualifications. This CLE will provide an overview of each topic and how each apply inside and outside of the courtroom. The presenters will also provide suggested references for reviewing evidentiary procedure without having to crack open your old law school textbooks. Attorney Kimberly Krupka is a focused litigator, representing individuals and businesses before Pennsylvania State and Federal courts, as well as administrative agencies and local municipalities. She represents medical professionals and large hospitals and health networks in patient care matters. Kim routinely represents corporations and individuals in a comprehensive range of civil litigation issues, ranging from negligence actions to contractual employment disputes. Attorney Jennifer Weed practices complex commercial litigation in matters involving insurance defense, personal injury defense, medical malpractice defense and product liability defense. She has filed amicus curiae briefs on behalf of the insurance industry and has argued several cases before appellate courts of significant public interest to that industry. Attorney Sarah Hart, in addition to assisting Gross McGinley’s Medical Malpractice Defense team, counsels individual clients in a wide range of criminal defense matters. Prior to joining the firm, Sarah worked as an Assistant District Attorney in Berks County where she handled the majority of the office’s felony domestic violence and sexual assault cases.

BALC Lunch & Learn Seminar Registration & Lunch: 11:45 AM; 1 Substantive Credit

Seminar: 12:15 PM – 1:15 PM Tuition: Members $40.00; Non-members $55.00 To Register Call Nancy @ 610.433.6401 Ext: 16

E-mail: [email protected]

CLE Update 6


“Employment Law for Non-Employment Attorneys” Presented by: Edward Easterly, Esq. and George Hlavac, Esq.

Wednesday, May 3, 2017 Ignorance of the law is no excuse. In this seminar you will learn the basics of employment law so that you can provide some basic guidance to your clients on employment law related topics. We will tackle the basic elements of the employment relationship, including the concept of employment at-will, employment discrimination, and common legal issues in the hiring process. We will also discuss wage & hour issues including classifying employees as exempt or non-exempt from overtime payments and other common wage and hour mistakes. We will also address the handling of discrimination claims and proper documentation. The program will also touch on other key areas of employment law such as non-competes, unemployment compensation, and reasonable accommodations. Attorney Edward J. Easterly, a Member of Norris McLaughlin & Marcus, P.A., practices before federal and state courts and labor and employment agencies, representing clients in matters related to the Americans with Disabilities Act, Age Discrimination in Employment Act, Fair Labor Standards Act, Family and Medical Leave Act, Pennsylvania Labor Relations Act, and Pennsylvania Human Relations Act.

Edward’s labor law practice focuses on representing management. He has handled numerous unfair labor practice charges, unit clarification hearings, and grievance arbitrations for matters such as wage discipline and termination.

Attorney George C. Hlavac, a Member of Norris McLaughlin & Marcus, P.A. and Chair of the Pennsylvania Office’s Labor and Employment Group, focuses his practice exclusively on labor and employment law. He handles traditional labor law matters and employment-related litigation, and counsels employers of all sizes concerning workplace issues including discrimination, harassment, wrongful discharge, safety and health, wage and hour, workplace accommodations, noncompetition and confidentiality agreements, employment contracts, employee handbooks, unemployment compensation, union avoidance, collective bargaining negotiations and agreements, grievance arbitrations, and unfair labor practice charges.




CLE Update 7

PBI Group Cast Seminar “Retirement Planning for Attorneys”

Thursday, May 4, 2017

THINKING ABOUT RETIREMENT? It is never too early to develop a succession plan; whether you are considering retirement from a large firm, a small firm, or are a solo practitioner planning for an unanticipated absence, this seminar will discuss the steps you need to take to wind down your law practice.

SOCIAL SECURITY AND MEDICARE EXPLAINED! Organize your interests and analyze your goals from social security, Medicare and other health insurance needs. Learn about the practical concerns related to retirement such as when to opt-in to Medicare, the rules of distribution from retirement savings plans and IRAs and discuss other health insurance options.

WHAT TO DO WITH YOUR TIME? Discuss post-retirement employment options and other fulfilling assignments to make use of your years of experience and legal training. Find out about the many service opportunities that exist for retired attorneys.

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 1:15 PM; Tuition: $249.00 3 Substantive & 1 Ethics Credits (Integrated)

To Register Call PBI @ 1.800.932.4637 New Jersey CLE credits may be earned by submitting to the New Jersey CLE Board upon an audit request, your Pennsylvania CLE Board report as documentation of programs attended and credits earned. You can get a copy of this report at www.pacle.org.

All courses accredited through the Bar Association of Lehigh County and courses accredited through the PBI being held at BALC qualify toward New Jersey requirements.

Unless you are audited, the NJ CLE Board does NOT want you to provide documentation of CLE programs you have attended. If you are audited, your Pennsylvania Annual CLE Report obtained from the Pennsylvania CLE Board will provide the documentation you need of courses attended and credits earned.

CLE Update 8

BALC SPECIAL 3 HOUR ETHICS SEMINAR

“Women Lawyers of Lehigh Valley: Spring Seminar”

Friday, May 5, 2017 Please join us for the life changing seminar, geared to women lawyers who are searching for ways to find joy in the practice of law, how to balance the emotional burden of clients and being torn in every which direction, and how to become the empowered, confident, successful professional you were meant to be.

Hear Amazing Speakers: Kim Howie and Nancy Werteen:

Co-founders of the Wisdom Coalition Kim and Nancy will lead an interactive session, providing techniques on how to let go of things that steal our joy in life and the practice of law and how to gain better perspective “Joy” in our lives.

Trisha Jones, PH.D: Conflict Coaching Matters, LLC

Emotional Labor and the Professional Woman: We’ve Met the Enemy and She is Us.”

Kimberly Rice: Founder of Women in Law Rainmakers Forum &

KLA Marketing Associates A previous speaker for PBA’s WIP Retreat and the Founder of Women in Law Rainmakers Forum. Kimberly Rice will provide tips on how to find your dream career through personal and professional development.

Panel of Esteemed Members of the Bench & Bar A panel of female judges and lawyers will answer pre-submitted questions and address how they might handle hypothetical situations and scenarios. To submit a question or hypothetical scenario anonymously, email Jill McComsey ([email protected])

THANK YOU TO OUR SPONSOR MASS MUTUAL

Whose contribution has helped offset the cost of this seminar

BALC Special Seminar Registration: 1:30 PM - 3 Ethics Credits

Seminar: 2:00 PM – 5:15 PM JOIN US FOR A CINCO DE MAYO

NETWORKING HAPPY HOUR Hors d’oeuvres included with tuition

Cash bar available Tuition: $50.00 for all who attend

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

CLE Update 9


“Security Trumps Liberty: Korematsu vs. United States and the Internment of Japanese Americans

during World War II” Presented by: John P. Servis, Esq.

Monday, May 8, 2017 Following the bombings of Pearl Harbor in December 1941, President Roosevelt issued Executive Order 9066, enabling the War Department to create “military areas” from which any or all Americans might be excluded. By May of 1942 Japanese Americans, regardless of their citizenship status, were forced to move into relocation camps. Fred Korematsu was a Japanese American who decided to remain in San Leandro, California, knowingly violating the U.S. Army’s civilian exclusion order. This order compelled Americans of Japanese ancestry to leave their homes, abandon most of their liberties, and live in government-run camps. Mr. Korematsu was arrested and convicted. He appealed his conviction primarily on 5th amendment due process grounds. In this seminar we will examine the post-Pearl Harbor attitude of the nation toward Japanese people and Japanese Americans; the decision of the Supreme Court of the United States, including majority, concurring and dissenting opinions; and the legacy and relevance of the decision in today’s political climate. The Court’s decision has never been explicitly overruled so we will also look at scholarly debate over its possible use as precedent for the exercise of federal power today. Attorney John Servis is a solo practitioner in Orefield, PA who focuses on drafting wills and other estate planning documents. He graduated in 1982 from Cornell University with a B.A. in classical language. He received his J.D. from American University in 1985, and his LLM in Taxation from Villanova University in 1995. Attorney Servis is a 30-year member of the bars of Pennsylvania, New Jersey and the District of Columbia. Most recently, Attorney Servis earned an M.A. in history from Lehigh University in 2011. He is chairperson of BALC’s Continuing Legal Education Committee. He also serves on the Board of Trustees of the Lehigh County Historical Society. His primary areas of interest and research in history are 19th and 20th century American history, intellectual history, women’s history, African American history and labor history.

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

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


CLE Update 10


“UM and UIM Claims: Coverage Issues and Bad Faith Opportunities”

Presented by: James Haggerty, Esq. Tuesday, May 9, 2017

Uninsured and underinsured motorist cases often present difficulty and unusual coverage issues. Some of the often encountered situations, where insurers deny claims but where coverage actually exists, will be reviewed. Uninsured and underinsured motorist cases also present unique situations where bad faith claims can be asserted and pursued. These claims are essentially adversarial but within the first party context, thereby giving rise to potential bad faith claims. These issues will be reviewed and discussed.

James C. Haggerty, Esq. is one of the founding partners of Haggerty, Goldberg, Schleifer & Kupersmith with offices in Philadelphia, Holland, Reading and Allentown. He focuses his practice upon plaintiff’s personal injury, bad faith, UM/UIM, and insurance coverage matters, having previously represented the insurance industry for over thirty years. He is consistently ranked in the Top 100 Lawyers in Pennsylvania and Philadelphia. Mr. Haggerty served on the Supreme Court Appellate Rules Committee for six years. He has argued numerous cases before the Superior and Supreme Courts of Pennsylvania as well as the Third Circuit Court of Appeals. He is currently a member of the Disciplinary Board of the Supreme Court.




The CLE Department wants to continue to welcome walk-ins to the Lunch & Learn seminars but we may no longer be able to offer lunch to those who wish to attend but have not pre-registered. The department kindly requests, whenever possible to pre-register at least one or two days prior to a seminar. This is necessary in making arrangements for handouts and apprising the caterer.

To Register: Call: Nancy @ 610.433.6401 Ext: 16

Or E-mail: [email protected]

CLE Update 11


“Current Trends under the Fair Labor Standards Act”

Presented by: Loren Speziale, Esq. and Zachary Fowler, Esq. Wednesday, May 10, 2017

From overtime rule changes to employee misclassification, the Fair Labor Standards Act (FSLA) has been and will continue to be in the spotlight. This one-hour CLE presentation will delve into current FLSA trends including employee classification, joint employment, wage claims, illegal immigrant rights and more. Discussion will also include an overview of the law, liability exposures for employers and the expected level of enforcement under the new administration.

Loren Speziale regularly counsels small to mid-sized businesses on corporate and employment matters including business formation, contracts, handbooks and policies and commercial real estate. She represents private and public corporations as well as privately held businesses in a variety of industries including banking, professional services, media and real estate.

Zachary Fowler provides commercial litigation support to businesses in matters concerning employment discrimination and contract disputes. He has worked with small businesses and large corporations in a variety of industries including construction, health and medical services, hospitality and digital media.




PBI Group Cast Seminar “My Client’s Dead, Now What?”

Thursday, May 11, 2017

KNOW WHAT TO DO WHEN YOU GET THE CALL The family of your deceased client calls to ask you, “What do we do now?” In this practical seminar, PBI’s experienced faculty will go beyond estate administration basics and deal with other “death questions” that often arise. They will take a look at common issues that arise for a decedent’s family, and they will offer practical solutions for resolving those issues and identifying resources for finding answers.

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

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

CLE Update 12

BALC CLE REGISTRATION FORM

Name:___________________________________________

PA Sup.CT.ID_____________________________________ Member of the Bar Association of: [ ] Lehigh [ ] Northampton [ ] Other_______________________ [ ] Legal Support Staff Register by: Phone 610.433.6401, Ext. 16; FAX 610.770.9826; E-Mail [email protected] or Mail your registration to: BALC, 1114 Walnut Street, Allentown PA 18102.

[ ] April 25: “Mini Video Compliance Camp – April 2017” Earn up to 1 Ethics and 2 Substantive Credits

[ ] May 2: “Top Five Evidentiary Pitfalls at Trial” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 3: “Employment Law for Non-Employment Attorneys” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 5: “Women Lawyers of Lehigh Valley Spring Seminar” Registration: 1:30 PM; Seminar: 2:00 PM – 5:15 PM

[ ] May 8: “Security Trumps Liberty: Korematsu vs. United States and the Internment of Japanese Americans During World War II” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 9: “UM and UIM Claims: Coverage Issues and Bad Faith Opportunities” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 10: “Current Trends Under the F.L.S.A. Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 12: “The Science and Laws behind the Opioid Antidote” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 19: “Do I Have an Automotive Product Liability Case?” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

[ ] May 23: “Title to be determined” Registration and Lunch: 11:45 AM; Seminar: 12:15 PM – 1:15 PM

TOTAL AMOUNT ENCLOSED $_________________________ Please make checks payable to & mail to: BALC, 1114 W Walnut St, Allentown PA 18102.

NewsLine 11

Name of Malpractice Insurance Carrier: _________________________________________ Policy Number: _______________________________ Expiration Date: ___________________ (Please remember to attach a copy of the declaration sheet from your policy with this application)

Please answer the following questions:

1. Have you ever been disciplined by the Disciplinary Board of the Pennsylvania Supreme Court or by a disciplinary authority in another jurisdiction? ________ (If you answered yes to this questions, please provide a brief explanation in a separate letter and forward it to the attention of the Lawyer Referral Coordinator. Both your application and the letter should be marked “personal and confidential”).

2. Are you fluent in a language other than English? Please indicate which language(s) ________________________________________________

MODEST MEANS PROGRAM WAIVER By its approval of an attorney for membership on the Modest Means Program panel, the Lawyer Referral Service Committee assures the public that the attorney is a member of the Bar in good standing and is qualified to practice law. The Committee also assures the public that the attorney adheres to, and will continue to adhere to, the recognized ethical standards of the profession as well to the Modest Means Program’s stated purpose under its operating rules. In furtherance of its obligation to the public, the Lawyer Referral Committee requests the following information: I hereby authorize the Bar Association of Lehigh County’s Modest Means Program to examine any and all material which is presently on file or which may hereafter be filed with the Disciplinary Board of the Pennsylvania Supreme

NewsLine 12

Court, the Pennsylvania Lawyers’ Fund for Client Security, the Judicial Inquiry and Review Board (JIRB), the Judicial Conduct Board and/or the Court of Judicial Discipline or successor bodies as part of my application to the LRS and during the period that I am a member of the Modest Means Program. Signature:____________________________________ Date:_________________________ Name: ________________________________ ID #: _________________________

Please sign below to indicate that you have read the following statement and agree to comply with those requirements:

I elect to become a member of the Modest Means Program and agree to accept the following flat fee / hourly rate cases. I understand that the purpose of the Bar Association of Lehigh County Modest Means Program is to provide legal services at a substantially reduced rate to individuals who fall within the financial guidelines as outlined in this application.

By participating in the MMP, I agree in the event of a fee dispute with a MMP client, to sign the agreement for binding common law arbitration before the Bar Association of Lehigh County’s Fee Dispute Committee and to abide by any decision rendered by that Committee in such a fee dispute.

By signing below, I agree to cooperate fully with the Lawyer Referral / Modest Means Coordinator in resolving any disputes or complaints which may arise during my participation in the Modest Means Program.

Signature:________________________________ Date: _______________________ Attorney Name: ___________________________ ID #: ________________________

NewsLine 13

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

$150.00

Child Support Hearing (Defendants Only) $60.00 per hour

Child Custody Conference (Defendants Only) $150.00

Uncontested Divorce $275.00 plus costs

PFA First Full Hearing (Defendants Only) $250.00

Bankruptcy – Chapter 7 $500.00 plus costs

Collections Defense $60.00 per hour

Simple Wills (Simple bequests & Simple minors’ trust) $75.00

Simple Wills (Husband & Wife) $125.00

Power of Attorney $40.00

Health Care POA & Living Wills $75.00

Unemployment Compensation $250.00

*Prices assume in office visits for the initial conference and execution of documents. Any additional provisions or work or out of office visits are done at $60.00 per hour.

NewsLine 14

YOUNG LAWYERS DIVISION HAPPY HOUR

Wednesday, May 17th in Historic Bethlehem

Join the BALC Young Lawyers Division and the NAIFA Young Advisors Team for a night of crawling in Downtown Bethlehem!

Gather your friends and co-workers and come out for a fun night of networking and mingling. $10 cover gets you drink and/or appetizers at each spot. Stop in to see our business sponsor and get your passport stamped at each bar for your chance to win great door prizes at the end of the night. Participating bars include Edge, Bethlehem Brew Works, Twisted Olive, Apollo, and Ripper’s Pub. Space is limited, so register today! Go to https://www.naifalv.org/simpl-e-schedule (scroll down to the calendar, go to May, and click on the event).

Stay tuned for details of additional upcoming Young Lawyers Division events!

YLD events are a great opportunity to meet and network with other young attorneys.Guests are welcome!

Questions or requests for future

Happy Hour Locations? Email: [email protected]

NewsLine 15

The Lawyers Lunch Table

A treasured tradition is returning for all Lawyers and Judges. There is a standing reservation for Lunch at Bell Hall, 612 W. Hamilton St, on the 1st Thursday of the month, 12PM. Please come out enjoy some camaraderie with other colleagues.

Please RSVP to: Robert Donatelli

610-391-1800 [email protected]

NewsLine 16

“First 100 Days”

Topic: How Will the New Administration’s Policies Affect Business?

Presented by: Lehigh Valley Consortium of Professional Organizations

Monday, May 22, 2017 4:30 PM @ The Barristers Club, 1114 W Walnut St. Allentown, PA. 18102

Panel Discussion from Leaders throughout the Region:

Don Cunningham, President & CEO at Lehigh Valley Economic Development Corp. Dr. Kamran Afshar, the Region’s Preeminent Economist, Kamran Afshar Associates.

Dr. Christopher Borick, Prof of Political Science/ Dir of Polling Institute, Muhlenberg College

Event Registration 4:00 PM Panel Discussion 4:30 PM Networking Mixer 5:30 PM

RSVP by: 5/18/17 to [email protected]

The Lehigh Valley Consortium of Professional Organizations is an interdisciplinary organizations that aims to serve professionals throughout the Lehigh Valley and help foster networking opportunities. Our membership

consists of: The Bar Association of Lehigh County The Estate Planning Council of the Lehigh Valley The Lehigh Valley Chapter of the National Association of Insurance

and Financial Advisors The Pennsylvania Institute of Certified Public Accountants of the

Lehigh Valley The Society of Professional Engineers of the Lehigh Valley Greater Lehigh Valley Realtors The Risk Management Association of the Lehigh Valley American Planning Association, PA Chapter-Lehigh Valley/Berks

Section Association of Fundraising Professionals, Eastern PA Chapter Forum For Ethics in the Workplace

Sponsored By:

NewsLine 17

2017 Calendar

May

May 1: Law Day Luncheon 12pm

May 3: Spring Event at Coca Cola Park

May 17: Barristers Inn Banquet

May 17: YLD Bar Crawl in Historic Bethlehem

May 18: Board Meeting 4:30pm

May 22: LVCPO Event 4:30pm

May 29: BALC Office Closed

June

June 1: Finance Committee Meeting 12pm

June 13: Solo Practice Committee Meeting 12pm

June 15: Board Meeting 4:30pm

June 15: Happy Hour 5:30pm

June 27: New Member Breakfast 8am

July

July 4: BALC office closed

July 10: Annual Picnic at Brookside Country Club

July 20: Board Meeting 4:30pm

July 28: LCPA Luncheon 12pm

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NOTES

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NOTES

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NOTES


Lehigh 7-17 op

sion.” Lantos v. Zoning Hearing Board of Haverford Township, 153 Pa. Commonwealth Ct. 591, 597, 621 A.2d 1208, 1211 (1993).

A variance admits “the use of the land in question violates the [applicable zoning ordinance], but acknowledges that some special, unique hardship is imposed on the [p]articular property involved by the operation of the zoning restrictions.” Township of Haverford v. Spica, 16 Pa. Commonwealth Ct. 326, 330, 328 A.2d 878, 880-81 (1974). Pursuant to the Municipalities Planning Code, a Zoning Hearing Board may grant a variance where “all of the following findings are made where relevant in a given case:

(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zon-ing ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the prop-erty.

(3) That such unnecessary hardship has not been cre-ated by the appellant.

(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent prop-erty, nor be detrimental to the public welfare.

(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

53 P.S. §10910.2(a).17


Lehigh 7-17 op

The four variances Intervenor sought are comprised of two dimensional variance requests and two use variance requests. A dimensional variance involves the owner asking for “a reasonable adjustment of the zoning regulations in order to utilize the prop-erty in a manner consistent with the applicable regulations.” Hertzberg v. Zoning Board of Adjustment of City of Pittsburgh, 554 Pa. 249, 257, 721 A.2d 43, 47 (1998). Dimensional variances are “of lesser moment” than use variances because dimensional variances already satisfy an existing permitted use under the ap-plicable ordinance. Id. By contrast, a use variance “involves a proposal to use the property in a manner that is wholly outside the zoning regulation.” Id.

The Pennsylvania Supreme Court has expressly held the “failure of a zoning board to consider each requirement of a zoning ordinance prior to granting a variance is an error of law.” Larsen v. Zoning Board of Adjustment of City of Pittsburgh, 543 Pa. 415, 422-23, 672 A.2d 286, 289-90 (1996) (citing Sweeney v. Zoning Hearing Board of Lower Merion Twp., 534 Pa. 197, 208, 626 A.2d 1147, 1153 (1993)). In the written Decision of the Zoning Hearing Board, the Board held, “After considering the evidence submitted by the [Intervenor] and listening to the testimony of the [Interve-nor] and the neighbors, the Board is satisfied that the proposed activity will not be a detriment to the neighborhood.” (Decision of the Zoning Hearing Board, August 15, 2016, at 2.) The Board did not make any findings regarding the presence of unnecessary hard-ship, whether the property could be developed in strict confor-mity with the Zoning Ordinance, whether Intervenor created the unnecessary hardship, and whether the variance, if granted, would represent the minimum variance that would afford relief. 53 P.S. §10910.2(a)(1), (2), (3), (5).

Because the Zoning Hearing Board failed to consider each requirement for the issuance of a variance prior to granting Inter-venor’s request subject to the Board’s self-imposed conditions, the Court finds the Zoning Board committed an error of law. As a result, the Decision of the Zoning Hearing Board is REVERSED and the matter is REMANDED for further consideration.2

2 Because the Court reverses the decision of the Board on the basis of its failure to consider or to address of the requisite statutory factors, the Court will not rule on the

18


Lehigh 7-17 op

CONCLUSION

Because the Board failed to make findings with respect to all of the elements necessary for granting the variance requests in the within matter, the Court finds that the Board committed an error of law. The Decision of the Board is REVERSED and the matter is REMANDED for further consideration by the Board.

merits of the underlying action. However, during oral argument, counsel debated whether the variances the Board granted were de minimis in nature. Appellee referred the Court to the Commonwealth Court’s decision in Township of Middletown v. Zoning Hearing Board of Middletown Township, 682 A.2d 900 (Pa. Commw. 1996). In Middletown, a vari-ance was granted to applicants who sought to add a garage to their home. The proposed garage extended the building coverage on the lot beyond the permitted total square footage under the governing ordinance. The ordinance restricted total building coverage to 2,472 square feet, and the garage addition would lead to the total building coverage on the lot being 2,639 square feet, 6.76% more than the ordinance permitted. Id. at 901. The trial court and the Commonwealth Court both affirmed the decision to grant the variance, find-ing that it amounted to a de minimis deviation. Id. at 902. This decision was supported by the fact that in granting the variance, the board imposed certain conditions on the prop-erty owner. Id. The Commonwealth Court reasoned, “Because the proposed de minimis deviations from the zoning requirements are dimensional and the insistence on rigid compliance is not absolutely necessary to preserve the public interest sought to be pro-tected, the Board did not commit an abuse of discretion or an error of law in granting a de minimis variance.” Id.

The Middletown case is distinguishable from the case at bar in two respects. First, the variances in the matter before the Court are both dimensional and use. While the re-quirements for both are the same under the Municipalities Planning Code, dimensional variances are construed with a lesser degree of rigidity than use variances. Second, the variance at issue in Middletown was 6.76% beyond the limitations of the governing ordinance. Two dimensional variances were granted in this case. First, under Section 280-25 of the Zoning Ordinance, the building required a minimum indoor heated living floor area of 3,000 square feet, but a surveyor testified before the Board that the property had only 2,180 square feet, a 27.4% deficiency. (N.T. July 12, 2016, at 15-16.) Second, Section 280-54C of the Zoning Ordinance requires a minimum of 500 square feet of enclosed habitable, indoor heated floor area primarily above the level of the ground, but Intervenor’s surveyor testified that only 420 square feet of the subject property satisfied this requirement, which is a 16% deficiency. Additionally, the Board granted Intervenor a variance to allow for only four parking spaces where Section 280-38A of the Zoning Ordinance requires six.

Based on the foregoing, the Court does not find that the variances granted in the within matter are de minimis in nature. While this would not serve to necessarily preclude the Board from granting the variances on remand based upon full consideration of the statutory elements, the variances at issue are of a more substantial character than the vari-ance deemed de minimis in Middletown. See also, Pyzdrowski v. Pittsburgh Board of Ad-justment of City of Pittsburgh, 437 Pa. 481, 263 A.2d 426 (1970) (variance deemed de minimis where deviation was 7/10 of a foot (7%) from the governing ordinance’s ten-foot side yard setback requirement).

19


Lehigh 7-17 op

ORDER

AND NOW, this 16th day of February, 2017, upon consid-eration of Appellants’ Appeal from the Decision of the Borough of Catasauqua Zoning Hearing Board dated August 15, 2016, filed September 9, 2016, and after argument thereon on February 7, 2017,

IT IS ORDERED the Decision of the Borough of Catasauqua Zoning Hearing Board dated August 15, 2016 is hereby RE-VERSED and REMANDED for the reasons set forth in the ac-companying Memorandum Opinion.

20

21

LEHIGH LAW JOURNAL

ESTATE AND TRUST NOTICESNotice is hereby given that, in the

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

FIRST PUBLICATION

Alpha, Joyce L., dec’d.Late of the City of Allentown. Executrix: Jennifer L. Alpha c/o Dionysios C. Pappas, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020.Attorneys: Dionysios C. Pappas, Esquire, Vasiliadis & Associ-ates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020.

Barrett, Francis X. a/k/a Rever-end Monsignor Francis X. Barrett, dec’d.Late of Bethlehem. Executor: Arthur Barrett a/k/a Arthur Barrett, Jr. c/o Andrew V. Schantz, Esquire, Davison & McCarthy, P.C., Two City Cen-ter, 645 Hamilton Street, Suite 510, Allentown, PA 18101.Attorneys: Andrew V. Schantz, Esquire, Davison & McCarthy, P.C., Two City Center, 645 Hamilton Street, Suite 510, Al-lentown, PA 18101.

Ellison, Marvin Lee, Jr. a/k/a Marvin Lee Ellison a/k/a Marvin L. Ellison, Jr., dec’d.Late of Emmaus. Administrator: John O. Stover, Jr., Esquire a/k/a John Owen Stover, Jr., 537 Chestnut Street, Emmaus, PA 18049.

Finney, William J., Jr. a/k/a William J. Finney a/k/a Wil-liam Finney, dec’d.Late of 731 W. Whitehall Street, Allentown. Executor: Richard G. Finney c/o Stuart T. Shmookler, Es-quire, Gross McGinley, LLP, 33 S. 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.Attorneys: Stuart T. Shmookler, Esquire, Gross McGinley, LLP, 33 S. 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Halkias, Irene, dec’d.Late of Allentown. Executor: Nicholas E. Engles-son c/o Douglas J. Tkacik, Esquire, 18 East Market Street, P.O. Box 30, Bethlehem, PA 18016-0030.Attorney: Douglas J. Tkacik, Esquire, 18 East Market Street, P.O. Box 30, Bethlehem, PA 18016-0030.

Heintzelman, Mabel E., dec’d.Late of Allentown.Executrix: Isabella Darcy, 4968 Oakland Rd., Coplay, PA 18037.

Kollar, Anna M., dec’d.Late of Whitehall Township. Executors: Robert J. Solderitch and Margaret Bretz c/o Stephen A. Strack, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

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LEHIGH LAW JOURNAL

Attorneys: Stephen A. Strack, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Leonard, Gisella A., dec’d.Late of Coplay. Executor: Jeffrey J. Karo c/o Jeffrey F. Hussar, Esquire, 946 Third Street, Whitehall, PA 18052.Attorney: Jeffrey F. Hussar, Esq., 946 Third Street, White-hall, PA 18052.

Minarik, Mary H., dec’d.Late of Bethlehem City.Executrix: Nancy J. Barnet, 1520 Black Chestnut Dr., Wilmington, NC 28405.

Moyer, Jeffrey K., dec’d.Late of Allentown City. Administratrix: Wendy J. Ash-by, Esq., 246 W. Broad St., Suite 3, Quakertown, PA 18951.

Nagle, James W., dec’d.Late of 1148 N. 24th St., Allen-town.Executrix: Cynthia Rosko, P.O. Box 117, Fogelsville, PA 18051.

Opatovsky, Catherine F., dec’d.Late of Allentown. Executor: Matthew B. Opatov-sky c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert Van Horn, Esquire, The Roth Law Firm, 123 North Fifth Street, Allen-town, PA 18102.

Politi, Wilma D., dec’d.Late of 2261 Vista Drive, Beth-lehem. Executor: Nicholas Politi, 1920 Lincoln Avenue, Northampton, PA 18067.

Attorneys: Joshua D. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067.

Popik, Donald A., dec’d.Late of the Township of Lower Macungie. Executor: Christopher Popik c/o Constantine M. Vasiliadis, Esq., Kolb, Vasiliadis and Flo-renz, LLC, 60 W. Broad Street, Suite 303, Bethlehem, PA 18018-5721.Attorneys: Constantine M. Vasiliadis, Esq., Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad Street, Suite 303, Bethlehem, PA 18018-5721.

Raub, Christine R., dec’d.Late of Orefield City. Administratrix: Wendy J. Ash-by, Esq., 246 West Broad St., Suite 3, Quakertown, PA 18951.

Saeger, Sally B., dec’d.Late of Allentown. Personal Representative: Tam-my S. Saeger c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.Attorney: Peter P. Perry, Es-quire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.

Stahl, Lamar A. a/k/a Lamar Stahl, dec’d.Late of Upper Milford Township. Administratrix: Elsie J. Kardos c/o Craig B. Neely, Esq., 209 Main Street, Emmaus, PA 18049.Attorney: Craig B. Neely, Esq., 209 Main Street, Emmaus, PA 18049.

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LEHIGH LAW JOURNAL

West Market Street, Bethlehem, PA 18018.Attorneys: Lisa A. Pereira, Es-quire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018.

Eck, Margaret A., dec’d.Late of Allentown. Executor: Kenneth F. Eck c/o Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.Attorney: Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.

Fatzinger, Nadine a/k/a Nadine A. Fatzinger, dec’d.Late of Allentown.Executor: Brian Fatzinger, 418 Yeker Farms Ln., Allentown, PA 18103.

Fox, Lois H., dec’d.Late of Fountain Hill. Executor: Albert F. Fox, Jr. c/o Robert A. Pinel, Esq., Law Of-fices of Robert A. Pinel, LLC, 1502 Center Street, Suite 201, Bethlehem, PA 18018.Attorneys: Robert A. Pinel, Esq., Law Offices of Robert A. Pinel, LLC, 1502 Center Street, Suite 201, Bethlehem, PA 18018, (484) 821-0400.

Hentz, Esther S., dec’d.Late of the Township of White-hall. Administrator Pendente Lite: Robert Van Littner, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.

Stumpf, Ruth J. a/k/a Ruth Joyce Stumpf, dec’d.Late of Allentown.Executor: Thomas V. Stumpf, P.O. Box 442, Nazareth, PA 18064.

Wagner, Pearl I., dec’d.Late of Upper Saucon Town-ship. Executor: Paul D. Wagner c/o Grim, Biehn & Thatcher, 104 South 6th Street, P.O. Box 215, Perkasie, PA 18944-0215.Attorneys: Gregory E. Grim, Esquire, Grim, Biehn & Thatch-er, 104 South 6th Street, P.O. Box 215, Perkasie, PA 18944-0215.

Weaver, Deborah Monica, dec’d.Late of 928 S. 14th Street, Al-lentown. Administrators: Stacey Stauffer, 512 Parkside Ct., Allentown, PA 18104, Chelsea Marie Klueber, 222 Saint Cloud St., Allentown, PA 18104 and Bruce M. Weaver, Jr., 729 Hillside Ave., Bethle-hem, PA 18015.Attorneys: William G. Mal-kames, Esq., Malkames Law Office, 509 W. Linden Street, Allentown, PA 18101, (610) 821-8327.

Wolf, Erma K., dec’d.Late of Allentown City.Executrix: Susan Vidaurre, 422 3rd Avenue, Bethlehem, PA 18018.

SECOND PUBLICATION

Dominguez, Francisco, dec’d.Late of Allentown. Executrix: Zelena A. Sierra c/o Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38

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LEHIGH LAW JOURNAL

Jenkins, Patrick G. a/k/a Pat-rick Jenkins, dec’d.Late of Allentown. Administratrix: Amy E. Jenkins c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Val-ley, PA 18034-0219.

Werley, Edward C., dec’d.Late of 8405 Walbert Lane, Al-burtis. Executrix: Nona Hubbard c/o Feldman Law Office, P.C., 221 N. Cedar Crest Blvd., Allentown, PA 18104.Attorneys: Samuel F. Feldman, Esquire, Feldman Law Offices, P.C., 221 N. Cedar Crest Blvd., Allentown, PA 18104.

THIRD PUBLICATION

Anthony, Irene A., dec’d.Late of Upper Saucon Town-ship. Co-Executors: Michael J. An-thony, William J. Anthony and John Anthony c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Val-ley, PA 18034-0219.

Ciesinski, Florence W., dec’d.Late of Lower Macungie Town-ship. Executrix: Therese M. Ciesinski a/k/a Therese Ciesinski c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C.,

2610 Walbert Avenue, Allen-town, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Deihl, Joan M., dec’d.Late of Lower Macungie Town-ship. Executrix: Michelle Yesenofski c/o Glenn Matthew Goodge, Esquire, 461 W. Linden Street, Allentown, PA 18102-3453.Attorney: Glenn Matthew Goodge, Esquire, 461 W. Linden Street, Allentown, PA 18102-3453.

Frankenfield, Dolores M., dec’d.Late of the City of Allentown. Executrix: Barbara Franken-field c/o Norman E. Blatt, Jr., Esq., 1218 Delaware Avenue, Bethlehem, PA 18015.Attorney: Norman E. Blatt, Jr., Esq., 1218 Delaware Avenue, Bethlehem, PA 18015.

Giancarlo, Angelo D., dec’d.Late of Allentown. Co-Executors: James P. Gal-lagher, Jr. and Thomas M. Gallagher, Sr. c/o James R. Wishchuk, JD, Esquire, 2310 Walbert Avenue, Suite 103, Allentown, PA 18104-1360.Attorney: James R. Wishchuk, JD, Esquire, 2310 Walbert Av-enue, Suite 103, Allentown, PA 18104-1360.

Herman, Barbara A., dec’d.Late of Upper Saucon Town-ship. Executrices: Krysia A. Roberts and Ruth Marie Herman c/o Kolb, Vasiliadis and Florenz, 60

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LEHIGH LAW JOURNAL

West Broad Street, Ste. 303, Bethlehem, PA 18018-5721.Attorneys: Paul A. Florenz, Esq., Kolb, Vasiliadis and Florenz, LLC, 60 West Broad Street, Ste. 303, Bethlehem, PA 18018-5721.

Horst, Donald Lee, dec’d.Late of Bethlehem. Executor: Walter Schultz c/o Michael J. Vargo, Esquire, 4480 William Penn Highway, Easton, PA 18045.Attorney: Michael J. Vargo, Esquire, 4480 William Penn Highway, Easton, PA 18045.

Kneller, Jonathan S. a/k/a Jonathan Scott Kneller, dec’d.Late of Allentown City. Executrix: Barbara Dempsey c/o Henry & Henry, LLP, P.O. Box 499, Quakertown, PA 18951.Attorneys: Rodney D. Henry, Esquire, Henry & Henry, LLP, P.O. Box 499, Quakertown, PA 18951.

McCollough, Fred D., dec’d.Late of 133 W. Union Blvd., Bethlehem.Administrator: Edward L. Mc-Collough, 12848 County Rd. 16, Greensboro, AL 36744.

Peters, Margaret R., dec’d.Late of 800 Hausman Road, Apartment 429, Allentown. Margaret R. Peters, Settlor, Margaret R. Peters Trust under Restated Trust Agreement dat-ed September 18, 2012. Co-Executors/Co-Successor Trustees: Mark J. Peters, 59 Spencer Lane, P.O. Box 751, Albrightsville, PA 18210 and

Lawrence R. Peters, 229 North 19th Street, Allentown, PA 18104.Attorneys: Marla J. Melman, Esquire, Scoblionko, Scoblion-ko, Muir & Melman, 1644 West Walnut Street, Allentown, PA 18102, (610) 351-0855.

Rankin, Margaret Louise a/k/a Margaret Rankin a/k/a Mar-garet L. Rankin, dec’d.Late of the City of Allentown. Administrator: George H. Rankin, Jr., 33 Monticello Way, South River, NJ 18882.Attorney: Kristofer M. Metzger, Esquire, 6666 Passer Rd., Suite #3, Coopersburg, PA 18036-1258.

Roth, Franklin H., dec’d.Late of the Township of Wash-ington. Executor: Michael D. Roth, 126 Hurd Road, Aurora, OH 44202.Attorneys: James A. Wimmer, Esq., Philip & Wimmer, 419 Delaware Avenue, P.O. Box 157, Palmerton, PA 18071.

Schaffer, Ferne Jeanette a/k/a Ferne J. Schaffer, dec’d.Late of Schnecksville. Executors: Howard Edwin Schaffer and Pamela L. Walker c/o Charles A. Waters, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080.Attorneys: Charles A. Waters, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Schneider, Leon, dec’d.Late of Allentown. Executor: William J. Fries, The Atrium—Suite 106, 2895 Ham-ilton Boulevard, Allentown, PA 18104.

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LEHIGH LAW JOURNAL

Attorney: William J. Fries, Es-quire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Al-lentown, PA 18104.

Schwartz, John A. a/k/a John Allen Schwartz, dec’d.Late of 5180 Fornaciari Drive, Whitehall. Co-Executors : John D. Schwartz, 125 Maple Street, Coplay, PA 18037 and Lisa Kay Loch, 3214 E. Columbia Street, Whitehall, PA 18052.Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067.

Shellhammer, Darrel H., dec’d.Late of Whitehall. Executrix: Alice J. Shellhammer c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Shoemaker, Alice M., dec’d.Late of the Township of South Whitehall. Executrix: Suellen Jean Flem-ing, 3767 Elm Terrace, Heller-town, PA 18055.Attorneys: Edward A. Fedok, Esquire, Stevens & Lee, 840 West Hamilton Street, Suite 521, Allentown, PA 18101.

Sulkey, Viola M. a/k/a Violet M. Sulkey, dec’d.Late of Allentown.Executors: Monica Hayes, J-4 Azules del Mar, Dorado, PR 00646 and Craig Sulkey, 204 Gross Dr., Glen Gardner, NJ 08826.

Weston, John M., dec’d.Late of South Whitehall Town-ship. Executrix: Audrey J. Weston c/o Norris, McLaughlin & Mar-cus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.Attorneys: Dolores Laputka, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamil-ton Street, Suite 502, Allen-town, PA 18101.

Williams, Margaret M., dec’d.Late of 110 S. 9th Street, Co-play. Co-Executors: Kenneth R. Pau-kovits, 4447 Hillside Road, Coplay, PA 18037 and Richard A. Paukovits, 2312 Coolidge Street, Allentown, PA 18104.Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067.

Winiarz, Karen A., dec’d.Late of New Tripoli. Executor: Anthony C. Noriega c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219.Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Val-ley, PA 18034-0219.

ORPHANS’ COURT DIVISION AUDIT LIST

JUDGE J. BRIAN JOHNSON

9:00 A.M.—APRIL 28, 2017

Estates/Trust of: Atty.Exr. & Adm. Accts.Elaine H. Newhart; E. K. Kline, IIIMarilyn Krasley a/k/a Marilyn R.

Krasley; W. Fries

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LEHIGH LAW JOURNALSara Kalb Miller Trust f/b/o Donald

P. Kalb; R. N. NanovicWendy A. W. Parr

C. of O.C. DivisionA-14, 21

CORPORATE FICTITIOUS NAME NOTICE

NOTICE IS HEREBY GIVEN, pur-suant to the provisions of Act 295 of 1982, as amended, of intention to file, or the filing of, in the Office of the Secretary of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, a certificate for the conduct of a business in Pennsylvania, under the assumed or fictitious name, style or designation of

Name: EnergyFirst Finance with its principal place of business at: 3889 Larkspur Drive, Allentown, PA 18103.

The name and address of the en-tity owning or interested in said busi-ness are: AF Financial LLC, 3889 Larkspur Drive, Allentown, PA 18103.FITZPATRICK LENTZ & BUBBA, P.C.4001 Schoolhouse LaneP.O. Box 219Center Valley, PA 18034-0219

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NOTICE

NOTICE IS HEREBY GIVEN that on April 3, 2017, the Petition of Victor Martin was filed in Lehigh County Court of Common Pleas at 2017-C-990, seeking to change the name of Petitioner from Victor Martin, Jr. a/k/a Victor Martines, Jr. to Victor Martinez, Jr.

The Court has fixed June 5, 2017 at 9:30 a.m. in Courtroom No. 5B at the Lehigh County Courthouse 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 said Petitioner should not be granted.

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CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2017-C-0636

NOTICE IS HEREBY GIVEN that on March 1, 2017, the Petition of Khalil Gibran for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Khalil Gibran to Shafiq Ahmed Sheikh.

The Court has fixed May 8, 2017 at 9:30 A.M. in Courtroom No. 1A, Lehigh County Courthouse, Allen-town, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.CATHERINE L. KOLLET, ESQ.227 S. 7th St.Easton, PA 18042

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CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2017-C-1064

NOTICE IS HEREBY GIVEN that on April 13, 2017, the Petition of Anthony Velez for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Anthony Francisco Velez to Anthea Rothrock Velez.

The Court has fixed June 7, 2017 at 9:30 A.M. in Courtroom No. 5B, Lehigh County Courthouse, Allen-town, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioner should not be granted.

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28

LEHIGH LAW JOURNALNOTICE OF ACTION IN

MORTGAGE FORECLOSURE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Action—Law

No. 2017-C-0322

WELLS FARGO BANK, N.A.Plaintiff

vs.MICHAEL MONAGHAN, IV, in his

capacity as Administrator and Heir of the Estate of GREGORY A.

BROWN a/k/a GREGORY ARNOLD BROWN, UNKNOWN HEIRS,

SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR

ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER GREGORY A. BROWN

a/k/a GREGORY ARNOLD BROWN, DECEASED

Defendants

NOTICE

To: UNKNOWN HEIRS, SUCCES-SORS, ASSIGNS AND ALL PER-SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN-TEREST FROM OR UNDER GREGORY A. BROWN a/k/a GREGORY ARNOLD BROWN, DECEASEDYou are hereby notified that on

January 30, 2017, Plaintiff, WELLS FARGO BANK, N.A., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of LEHIGH County, Pennsylvania, docketed to No. 2017-C-0322. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 6587 CENTRAL ROAD, NEW TRIPO-LI, PA 18066-2023 whereupon your property would be sold by the Sheriff of LEHIGH County.

You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you.

NOTICE

If you wish to defend, you must enter a written appearance person-ally or by attorney and file your de-fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS NO-TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF-FICE SET FORTH BELOW. 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 RE-DUCED FEE OR NO FEE.

Notice to Defend:Lawyer Referral ServiceP.O. Box 1324Allentown, PA 18105-1324Telephone (610) 433-7094

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NOTICE OF ACTION IN MORTGAGE FORECLOSURE


Civil Action—Law

No. 2017-C-0039

WELLS FARGO BANK, NAPlaintiff

vs.MELISSA L. SANTOS a/k/a

MELISSA LEA REINER UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS

CLAIMING RIGHT, TITLE OR

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LEHIGH LAW JOURNALINTEREST FROM OR UNDER

ALLEN D. REINER a/k/a ALLEN D. REINER BLACKIE, DECEASED

Defendants

NOTICE

To: UNKNOWN HEIRS, SUCCES-SORS, ASSIGNS AND ALL PER-SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN-TEREST FROM OR UNDER AL-LEN D. REINER a/k/a ALLEN D. REINER BLACKIE, DECEASEDYou are hereby notified that on

January 6, 2017, Plaintiff, WELLS FARGO BANK, NA, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of LEHIGH County, Pennsylvania, docketed to No. 2017-C-0039. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 509 SOUTH ELLSWORTH STREET, ALLENTOWN, PA 18109-2783 where-upon your property would be sold by the Sheriff of LEHIGH County.

You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you.

NOTICE

If you wish to defend, you must enter a written appearance person-ally or by attorney and file your de-fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS NO-TICE 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 INFORMA-TION ABOUT HIRING A LAWYER.


Notice to Defend:Lawyer Referral ServiceP.O. Box 1324Allentown, PA 18105-1324Telephone (610) 433-7094

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NOTICE


Civil Division—Law

NO.: 1997-C-2271

FIRST COMMONWEALTH FCU,Plaintiff

v.JEFFREY S. ICKES,

Defendant

NOTICE

TAKE NOTICE THAT First Com-monwealth Federal Credit Union has filed a Praecipe for Writ of Revival in the aforesaid Court at the above docket number requesting that the judgment in the above matter be re-vived.

If you wish to defend, you must take action within twenty (20) days, by entering a written appearance personally or by attorney and filing in writing with the court your de-fenses 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 pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.

30

LEHIGH LAW JOURNALYOU SHOULD TAKE THIS PAPER

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


Lawyer Referral ServiceP.O. Box 1324Allentown, PA 18105-1324(610) 433-7094

MICHAEL R. NESFEDER, ESQ. I.D. No. 49563FITZPATRICK LENTZ & BUBBA, P.C.Attorneys for Plaintiff4001 Schoolhouse LaneP.O. Box 219Center Valley, PA 18034-0219

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NOTICE OF PRIVATE TAX SALE

Re: Private Sale for Delinquent Taxes

————NOTICE IS HEREBY GIVEN that

Northeast Revenue Service, LLC, as agent for the Lehigh County Tax Claim Bureau, under Section 613 of the Real Estate Tax Sale Law of 1947 as amended, intends to make Private

Sales of the following properties on or about June 9, 2017 at the Lehigh County Government Center:

Owner(s); Location; Bidder & Bid Price

Rostron, Mary et al.; 1413 W. Columbia St., South Whitehall Twp., PIN No.: 19-549736839660-1; Maya Kheir, $4,659.35

Ashley Dr. Ordinary Trust Lot 35; 5426 Ashley Dr., North Whitehall Twp., PIN No.: 16-558123603030-1; Maya Kheir, $10,408.95

Remaly, Roberta; 622.5 N. Silk St., Allentown City, PIN No.: 02-549793349713-1; Maya Kheir, $5,239.11

Notice is hereby given to the above individuals and entities along with their successors, heirs, personal representatives and assigns, and to the public. The above properties will be sold free and clear of all tax claims and tax judgments. If you wish to object to the sale of any of the above properties, you must file a petition with the Lehigh County Court of Common Pleas within forty-five (45) days of this notice, in accordance with Section 613 of the Real Estate Tax Sale Law.

Northeast Revenue Service, LLCKimberly Ciavarella, ManagerLehigh County Tax Claim Bureau17 South 7th StreetRoom 120Allentown, PA 18101

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LEHIGH LAW JOURNAL

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, April 24, 2017

Download - Vol. LVII Allentown, PA Friday, April 21, 2017 No. 43lehighbar.org/wp-content/uploads/2014/04/Lh-57_43April21.pdf · A resume, including salary requirements, can be sent in confidence

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