vol. lix easton, pa august 31, 2017 no. 87 cynthia l. … n... · 2017-09-01 · legal notices must...

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(USPS 395-280)VOL. LIX EASTON, PA August 31, 2017 NO. 87

CONTENTS

INSERT: Blue: 1. “Top Five Evidentiary Pitfalls at Trial” 2. 2017 Calendar 3. “Elder Law Update 2017: Significant Regulatory, Statutory & Case Law Developments” 4. Bridge the Gap Program

Cream: 1. Quarterly Association Meeting 2. Annual Memorial Service 3. “Choosing the Right Corporate Entity” 4. “The Compromise of 1850 and the Role of the Constitution and Law in American Life as the Civil War Approached”

NOTICE TO THE BAR...Please note there will be no ASP Court held on September 19,

2017.If you have any questions you may contact the Office of Court

Administration at 610-829-6700.* * * * * * * *

Quarterly Association MeetingThursday, September 14, 2017. Registration form inside.

Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Court Calendar . . . . . . . . . . . . . . . . . . . . . . . . . 30Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4Firm Annoucements . . . . . . . . . . . . . . . . . .26, 27Judicial Law Clerk . . . . . . . . . . . . . . . . . . . . . . . 28

Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Limited Liability Company Notices . . . . . . . . . 10North Penn Legal Services . . . . . . . . . . . . . . . 29Notice of Dissolution . . . . . . . . . . . . . . . . . . . . . 11Sheriff ’s Sales . . . . . . . . . . . . . . . . . . . . . . . . . . 12Zator Law—Attorney Wanted . . . . . . . . . . . . . 25

Cynthia L. Fenstermaker, Plaintiff v. Keith A. Fenstermaker, Defendant

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Northampton County ReporterAttorney Referral & Information Service

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

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

PBA (800) 932-0311—PBI (800) 932-4637

NORTHAMPTON COUNTY BAR ASSOCIATION2017 BAR ASSOCIATION OFFICERS

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

BOARD OF GOVERNORSDavid M. Backenstoe

Paul J. HarakRebecca Kulik

Jacqueline K. HolmesSteven B. Molder

Michael A. Santanasto Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta

Michael P. ShayRichard P. Kovacs

Joel M. Scheer

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

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

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

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

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

Editor

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As we celebrate Labor Day, we honor the men and women who fought tirelessly for workers’ rights, which are so critical to our strong and successful labor force. ~ Elizabeth Esty

NOTICE TO NCBA MEMBERS – BAR NEWS

IN MEMORIAM Margaret H. Poswistilo, Esquire

Admitted to Northampton County Bar: January 1956 • Died: August 20, 2017A funeral mass was held on August 26, 2017, at St. Jane Frances de Chantal Catholic Church

Memorial contributions may be sent to:• Northampton County Bar Association Charitable Fund

c/o NCBA Office, 155 S. 9th St., Easton, PA 18042• St. Jane Frances de Chantal Catholic Church, 4049 Hartley Ave., Easton, PA 18042

• Rosemont College, 1400 Montgomery Avenue, Rosemont, PA 19010• State Theatre of Easton, 453 Northampton St., Easton, PA 18042

Judicial Law Clerk Position – see description on page 28.

Save the Dates:

Annual Memorial Service – Tuesday, September 19, 20179:00 a.m. in Courtroom #1

Amicus Soirée – Friday, October 27, 2017National Museum of Industrial History

Donut Day and Love Your Lawyer DayFriday, November 3, 2017Jury Lounge – 8:30 a.m. – 10:00 a.m.

Annual Red Mass – Sunday, October 8, 201712:00 p.m. @ St. Catharine of Siena Parish, Reading, PA.

Bridge the Gap CLE Program – Friday, November 3, 2017Young lawyers are required to take this course per ruling by the PA

Supreme Court.

NORTHAMPTON COUNTY REPORTER Vol. 59 No. 87 8/31/2017

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ESTATE AND TRUST NOTICESNotice is hereby given that, in the

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

FIRST PUBLICATIONBEEDE, DAVID NEWELL, SR.,

dec’d.Late of the County of Brunswick, State of North Carolina and Township of Lower Saucon, Northampton County, PACo-Administrators: David N. Beede, Jr. and Kimberly Thomas c/o Kevin F. Danyi, Esquire, Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018 and Chrystyna M. Fenchen, Esquire, 3686 Lower Saucon Road, Hellertown, PA 18055Attorneys: Kevin F. Danyi, Esquire, Danyi Law, P.C., 133 East Broad Street, Bethlehem, PA 18018 and Chrystyna M. Fenchen, Esquire, 3686 Lower Saucon Road, Hellertown, PA 18055

BROSKY, KARL T., dec’d.Late of the Township of Moore, Northampton County, PAExecutrix: Rebecca Brosky c/o William P. Leeson, Esquire, 70

East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426

CLATER, HELEN E. a/k/a HELEN CLATER, dec’d.Late of Bethlehem, Northampton County, PAExecutor: W. Eugene Clater, 107 Snow Hill Rd., Northampton, PA 18067

DeFRANCO, ROSARIA L., dec’d.Late of the Borough of Roseto, Northampton County, PAExecutor: Michael Martin DeFranco c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

GERSTENBERG, HARRY C., JR., dec’d.Late of the Township of Lower Saucon, Northampton County, PAExecutrix: Ellie P. Gerstenberg, 225 W. Franklin Street, Topton, PA 19562Attorneys: Paul J. Harak, Esquire, Holzinger, Harak & Scomillio, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

GOZZARD, HELEN THERESA, dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutrix: Denise L. Goodrich c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726


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Attorneys: Robert E. Donatelli, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101

SANDERS, DAVID a/k/a DAVID P. SANDERS, dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Julia P. Sanders c/o Daniel P. Sabetti, Esquire, Sabetti Law Offices, 224 West Broad Street, Bethlehem, PA 18018Attorneys: Daniel P. Sabetti, Esquire, Sabetti Law Offices, 224 West Broad Street, Bethlehem, PA 18018

SAUNDERS, BAYARD K., dec’d.Late of the Township of Lehigh, Northampton County, PAExecutor: Wells Fargo Bank, N.A. c/o Stanley M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: Stanley M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

SMITH, GERTRUDE G., dec’d.Late of Williams Township, Northampton County, PAExecutor: Richard C. SmithAttorneys: Raymond J. DeRaymond, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060

STEINBERGER, JOAN MAY, dec’d.Late of the City of Bethlehem, Northampton County, PACo-Executors: Janet L. Ackerson and Robert L. Ackerson c/o Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017

Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

HERNANDEZ-LOPEZ, JUAN B., J R . a / k / a J U A N B . HERNANDEZ, JR., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Alicia M. Baird c/o Bradford D. Wagner, Esquire, 662 Main Street, Hellertown, PA 18055-1726Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Heller-town, PA 18055-1726

HUBER, JANET P., dec’d.Late of the Township of Bethlehem, Northampton County, PAAdministratrix: Janine M. Korpics, 1526 4th Street, Bethlehem, PA 18020Attorneys: Paul J. Harak, Esquire, Holzinger, Harak & Scomillio, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

KANTZ, JOSEPHINE, dec’d.Late of the Borough of Northamp-ton, Northampton County, PAExecutors: Richard S. Kantz and Susan Kantz a/k/a Susan Marie NewhartAttorneys: Gladys E. Wiles, Esquire, Snyder & Wiles, P.C., 7731 Main Street, Fogelsville, PA 18051

MAZA, CATHARINE T., dec’d.Late of the Township of Bethlehem, Northampton County, PAExecutors: Joel T. Maza and Robert Joseph Maza c/o Robert E. Donatelli, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101


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Personal Representatives: Pamela L. Cummings and Matthew G. Cummings c/o Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

HELLWIG, WALTER R., dec’d.Late of the Township of Palmer, Northampton County, PAExecutor: John Scott Hellwig c/o Theresa Hogan, Esquire, Attorney-at-law, 340 Spring Garden Street, Easton, PA 18042Attorney: Theresa Hogan, Esquire, Attorney-at-law, 340 Spring Garden Street, Easton, PA 18042

JOHNSON, ARTHUR ROBERT, dec’d.Late of the City of Easton, Northampton County, PAAdministratrix c.t.a.: Theresa Hogan, 340 Spring Garden Street, Easton, PA 18042Attorney: Theresa Hogan, Esquire, Attorney-at-law, 340 Spring Garden Street, Easton, PA 18042

LIZAK, STEPHEN A., dec’d.Late of Allen Township, North-ampton County, PAExecutor: David A. Bucha c/o Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961Attorney: Lori Gardiner Kreglow, Esquire, 18 East Market Street, P.O. Box 1961, Bethlehem, PA 18016-1961

Attorney: Mary Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017

SECOND PUBLICATIONBAILEY, MELICENT M., dec’d.

Late of 3055 Center Street, Bethlehem, Northampton County, PAExecutrix: Faith Elizabeth Scholl, 3065 Center Street, Bethlehem, PA 18017Attorneys: David B. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067

BARTHOLOMEW, THOMAS L., dec’d.Late of the Township of Moore, Northampton County, PAE x e c u t r i x : J o a n n e M . Bartholomew, 1075 North Road, Danielsville, PA 18038Attorneys: Charles Bruno, Esquire, Pfeiffer & Bruno, P.C., 44 N. 2nd Street, P.O. Box 468, Easton, PA 18044-0468

BOND, EDWARD JOHN, dec’d.Late of Bath, Northampton County, PAPersonal Representative: Marion Joan Bond c/o Avery E. Smith, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018Attorneys: Avery E. Smith, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Bethlehem, PA 18018

CUMMINGS, DONALD EARL, II a/k/a DONALD E. CUMMINGS, dec’d.Late of Bethlehem, Northampton County, PA


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MELANSON, LORRAINE C., dec’d.Late of the Township of Upper Nazareth, Northampton County, PAExecutor: John L. Fuchs, Jr. c/o Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283Attorneys: Goudsouzian & Asso-ciates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283

NORRIS, JOSEPH ANTHONY, II a/k/a JAN NORRIS, dec’d.Late of the Borough of Wilson, Northampton County, PAExecutrix: Frances Ballek Szakos, 2218 Easton Avenue, Bethlehem, PA 18017Attorney: Paul J. Harak, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

ROOD, MADELINE ALVERNA, dec’d.Late of Mt. Bethel, Northampton County, PAAdministratrix: Anjanette M. AngelusAttorney: Nicholas M. Zanakos, Esquire, 742 Main Street, Bethlehem, PA 18018

RUDOLPH, DIANE E., dec’d.Late of Bethlehem Township, Northampton County, PAAdministratrix: Elizabeth Erin Rudolph c/o Richard H. Yetter, III, Esquire, 4480 William Penn Highway, Easton, PA 18045Attorney: Richard H. Yetter, III, Esquire, 4480 William Penn Highway, Easton, PA 18045

SETZER, DOROTHY, dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutor: Bruce D. Setzer, 141 S. Liberty Street, Nazareth, PA 18064

Attorney: Gary Neil Asteak, Esquire, 726 Walnut Street, Easton, PA 18042

SFORZA, FRANK A., dec’d.Late of Bethlehem, Northampton County, PAExecutrices: Jodi Ann Schiavo and Diane J. Deorio c/o William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517Attorney: William W. Matz, Jr., Esquire, 211 W. Broad Street, Bethlehem, PA 18018-5517

SILFIES, FRANKLIN J., dec’d.Late of the Township of Upper Nazareth, Northampton County, PAExecutors: Richard Allen Silfies, 36 N. New Street, Nazareth, PA 18064, Ronald F. Silfies, 2919 W. Beersville Road, Bath, PA 18014 and Barbara A. Silfies, 2327 Yost Road, Bath, PA 18014Attorney: Daniel G. Spengler, Esquire, 110 East Main Street, Bath, PA 18014

SILFIES, JEAN E., dec’d.Late of the Borough of Walnut-port, Northampton County, PAExecutrix: Linda Bowman, 4214 Butternut Drive, Walnutport, PA 18088Attorney: Richard D. Director, Esquire, 352 Fifth Street, Suite A, Whitehall, PA 18052

THOMAS, ELSIE M., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Marilyn Thomas Devroye c/o Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 West Broad Street, Ste. 303, Bethlehem, PA 18018-5721


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Attorneys: Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad St., Ste. 303, Bethlehem, PA 18018-5721

WALCK, IDELLA JANE, dec’d.Late of East Allen Township, Northampton County, PAExecutrices: Barbara A. Ahner, 21 Unionville Road, Jim Thorpe, PA 18229 and Lorraine E. Einfalt, 4045 Howertown Road, North ampton, PA 18067Attorneys: James R. Nanovic, Esquire, Nanovic Law Offices, 57 Broadway, P.O. Box 359, Jim Thorpe, PA 18229-0359

THIRD PUBLICATIONADAMS, CATRINA VASHON,

dec’d.Late of the City of Bethlehem, Northampton County, PAAdministrators: Dorothy Green and Otis Green c/o Jennifer L. Zegel, Esquire, Reger Rizzo & Darnall LLP, 2929 Arch St., 13th Fl., Philadelphia, PA 19104Attorneys: Jennifer L. Zegel, Esquire, Reger Rizzo & Darnall LLP, 2929 Arch St., 13th Fl., Philadelphia, PA 19104

ALTIF, MARY, dec’d.Late of Northampton, Northamp-ton County, PAExecutrix: Jeanine M. Gross c/o Gerald M. Barr, Esquire, 2239 PA Route 309, 1st Fl., Orefield, PA 18069Attorney: Gerald M. Barr, Esquire, 2239 PA Route 309, 1st Fl., Orefield, PA 18069

BAUMANN, RICHARD H., dec’d.Late of Palmer Township, North-ampton County, PAExecutors: Ilene J. Baumann, 13 Lantern Pl. E., Easton, PA 18045-6129 and Peter S.

Baumann, 36 Guinea Hollow Road, Lebanon, NJ 08833-4518Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083

BEALER, JANIS M., dec’d.Late of Hanover Township, Northampton County, PAExecutrix: Barbara J. Bealer c/o Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 West Broad Street, Ste. 303, Bethlehem, PA 18018-5721Attorneys: Paul A. Florenz, Esquire, Kolb, Vasiliadis and Florenz, LLC, 60 W. Broad St., Ste. 303, Bethlehem, PA 18018-5721

BROWN, MATTHEW M., dec’d.Late of the Township of Bushkill, Northampton County, PAAdministrator: Steven N. Goudsouzian, Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283A t t o r n e y s : S t e v e n N . Goudsouz ian , Esqu i re , Goudsouzian & Associates, 2925 William Penn Highway, Suite 301, Easton, PA 18045-5283

CHRISTMAN, LESTER E., JR., dec’d.Late of Allen Township, North-ampton County, PAExecutrix: Laura J. Talian c/o Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017At to rneys : T imo thy J . Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017


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CORTEZ, MAXINE, dec’d.Late of the Borough of Wind Gap, Northampton County, PAExecutrix: Penny Lee Cortez c/o Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

DAVIES, ROBERT W., dec’d.Late of Bethlehem, Northampton County, PACo-Personal Representatives: Karen J. O’Neill and Jodi L. Schnalzer c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097Attorney: Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097

GOMES, RICHARD J. a/k/a RICHARD JOSEPH GOMES a/k/a RICH GOMES, dec’d.Late of Lower Saucon Township, Northampton County, PAExecutor: M.J. Cohen, Esquire, 1967 Flint Hill Road, Coopers-burg, PA 18036Attorney: M.J. Cohen, Esquire, 1967 Flint Hill Road, Coopers-burg, PA 18036

HOUCK, EDWIN C., JR., dec’d.Late of the City of Easton, Northampton County, PACo-Executors: Mr. Robert Edwin Houck and Mr. Gary R. Houck c/o Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412Attorneys: Robert C. Brown, Jr., Esquire, Fox, Oldt & Brown, 940 West Lafayette Street, Suite 100, Easton, PA 18042-1412

KANIPER, CLARA A., dec’d.Late of Wilson Borough, North-ampton County, PAAdministratrix: Patricia M. Sesoko c/o Joel M. Scheer, Esquire, Fishbone and Scheer, 940 W. Lafayette Street, Easton, PA 18042Attorneys: Joel M. Scheer, Esquire, Fishbone and Scheer, 940 W. Lafayette Street, Easton, PA 18042

KLINGERMAN, JOAN L., dec’d.Late of the Borough of Wilson, Northampton County, PAExecutor: Ralph Klingerman, III, 159 South Main Street, Apt. B, Phillipsburg, NJ 08865Attorney: Mildred A. Molino, Esquire, 162 South Union Street, Easton, PA 18042

KOSIK, ANNA M., dec’d.Late of 602 E. 21st Street, Northampton, Northampton County, PAExecutor: Charles R. Kosik c/o Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104Attorney: Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104

KUNCIO, THERESA R., dec’d.Late of East Allen Township, Northampton County, PAExecutrix: MaryElizabeth A. Mayer, 5712 Brumar Drive, Bethlehem, PA 18017Attorney: Dale P. Frayer, Esquire, 250 Mt. Lebanon Boulevard, Suite 207, Pittsburgh, PA 15234

LUTZ, GEORGE A., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutors: Keith A. Lutz, 4238 Phillip St., Whitehall, PA 18052 and Sherry A. Lutz-Reinhart, 1520 Ciara Dr., Bethlehem, PA 18017


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Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064-2083

NAHEIRI, CATHY A., dec’d.Late of the Borough of Northamp-ton, Northampton County, PAExecutor: Alexander Tarik Naheiri c/o Karl F. Longenbach, Esquire, 425 W. Broad Street, P.O. Box 1920, Bethlehem, PA 18016-1920Attorney: Karl F. Longenbach, Esquire, 425 W. Broad Street, P.O. Box 1920, Bethlehem, PA 18016-1920

SIBILIA, ANGELO G., dec’d.Late of the Township of Palmer, Northampton County, PAExecutrix: Lisa Rhinehart, 10 Cobblestone Lane, Annandale, NJ 08801Attorneys: Charles Bruno, Esquire, Pfeiffer & Bruno, P.C., 44 N. 2nd Street, P.O. Box 468, Easton, PA 18044-0468

SMITH, KENNETH S. a/k/a KENNETH SHEPHARD SMITH, dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Susan E. Smith a/k/a Susan Elizabeth Smith c/o Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069Attorneys: Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069

SZOKE, LOUIS L. a/k/a LOUIS SZOKE, dec’d.Late of Walnutport, Northamp-ton County, PAExecutrices: Antoinette M. Grube and Bernadette M. Farkas

c/o Keith Strohl, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080Attorneys: Keith Strohl, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080

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

LIMITED LIABILITY COMPANY NOTICES

NOTICE IS HEREBY GIVEN that a Certificate of Organization, Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsylvania, for the purpose of obtaining a Certificate of Organization, Domestic Limited Liability Company under the provi-sions of Title 15, Corporations and Unincorporated Associates at 15 Pa. C.S.A. §8913 et seq., approved December 7, 1994, P.L. 703, No. 106.

The name of the Domestic Limited Liability Company is:

PAGNI SELECT MOTOR CARS, LLC

The Certificate of Organization was filed on May 10, 2017.

JOHN MOLNAR, ESQUIRETHE MOLNAR LAW OFFICES

Wind Gap Professional Center6697 Sullivan TrailWind Gap, PA 18091

Aug. 31


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NOTICE IS HEREBY GIVEN that on August 17, 2017, Certificate of Organization was filed in the Depart-ment of State of the Commonwealth of Pennsylvania for:

STEFKO PIZZA, LLCin accordance with the provisions of the Limited Liability Act of 1994.

JAMES L. BROUGHAL, ESQUIREBROUGHAL & DeVITO, L.L.P.

38 West Market StreetBethlehem, PA 18018

Aug. 31NOTICE OF DISSOLUTION

NOTICE IS HEREBY GIVEN that the shareholders and directors of Cozy Wall Inc., a Pennsylvania Corporation with an address at 4243 Lonat Drive, Nazareth, Northampton County, Pennsylvania, have approved a proposal that the Corporation voluntarily dissolve, and the Board of Directors is now engaged in winding up and settling the affairs of the Corporation under the provisions of Section 1975 of the Pennsylvania Business Corporation Law of 1988, as amended.

Aug. 31NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on August 18, 2017, the petition of Lina Sun Hong was filed in Northamp-ton County Court of Common Pleas to No. C-48-CV-2017-07526, seeking to change the name of Lina Sun Hong to Helen Hong. The Court has fixed October 18, 2017 at 9 a.m. in Courtroom 4 of the Northampton County Courthouse. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

Aug. 31NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on August 16, 2017, the Petition of

Stanley Lamarre was filed in Northampton County Court of Common Pleas at No. C-48-CV-2017-07487, seeking to change the name of Petitioner from Stanley Lamarre to Stanley Lamarre Darbouze. The Court has fixed Thursday, October 19, 2017 at 9:00 a.m., in courtroom #4 at the Northampton County Court-house as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

Aug. 31IN THE COURT OF COMMON PLEAS

OF NORTHAMPTON COUNTY, PENNSYLVANIA

ORPHANS’ COURT DIVISIONIMPORTANT NOTICE

TO: DARLENE AND DIANE, DAUGHTERS

CITATION WITH NOTICEA Petition has been filed with this

Court to have E.B. of Easton, previ-ously of Wind Gap, PA declared an incapacitated person. If the Court finds him to be an incapacitated person, his rights will be affected, including his right to manage money and property and to make decisions. A copy of the petition which has been filed by John R. Mehler, Administra-tor, Northampton County Depart-ment of Human Services, Area Agency on Aging Division, 2801 Emrick Boulevard, Bethlehem, PA 18020, (610) 829-4540 is on file in the Office of the Northampton County Solicitor. You may receive a copy of this Petition by contacting Mr. Mehler at the above address and telephone number.

You are hereby ordered to appear at a hearing to be held in Courtroom #4, Northampton County Court-house, 669 Washington Street,


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Easton, Pennsylvania, on October 3, 2017 at 10:00 a.m. to tell the Court why it should not find E.B. to be an incapacitated person and appoint a guardian to act on his behalf.

To be an incapacitated person means that E.B. is not able to receive and effectively evaluate information and communicate decisions and that he is unable to manage his money and/or other property, or to make necessary decisions about where he will live, what medical care he will get, or how his money will be spent.

If the Court decides that E.B. is an incapacitated person, the Court may appoint a guardian for him, based on the nature of any condition or disabil-ity and his capacity to make and communicate decisions. The guardian will be of his person and/or of his money and other property and will have either limited or full powers to act for him.

If the Court finds E.B. is totally incapacitated, his legal rights will be affected and he will not be able to make a contract of gift of his money or other property. If the Court finds that he is partially incapacitated, his legal rights will also be limited as directed by the Court.

If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the guardian requested.

Aug. 31SHERIFF’S SALE OF

VALUABLE REAL ESTATEThe following real estate will be

sold by the Sheriff of Northamp- ton County, Pennsylvania, on SEPTEMBER 8, 2017, at ten o’clock a.m. in the COUNCIL CHAMBERS, THIRD FLOOR, of the North amp ton County Government Center, within the City of Easton, County of North-

amp ton and State of Pennsylvania, to wit:

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

No. C-48-CV-2007-06831WILSON AREA SCHOOL DISTRICT

vs.KIM STEVENS,

UNITED STATES OF AMERICAProperty Address:319 South 16th Street, Wilson, PA

18042UPI/Tax Parcel Number:L9SW3B/1/5/0837ALL THAT CERTAIN parcel of

land, with the building thereon erected, situate on the southwest corner of South 16th Street and Filbert Street in Wilson Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto W. C. Shel lenberger and Carolyn Shellenberger by deed recorded 6/24/1970 in Book 373, Page 527. The said W. C. Shellenberger died on 9/20/2003 whereby title became vested solely in Carolyn Shellenberger. And the said Carolyn Shellenberger died on 3/15/2013.

THEREON BEING ERECTED a two-story apartment building with aluminum siding and shingle roof.

No. C-48-CV-2008-08347NORTHAMPTON AREA

SCHOOL DISTRICTvs.

ROBERT S. BRYNILDSEN, NANCY M. BRYNILDSEN

Property Address:Chestnut Street, Bath, PA 18014UPI/Tax Parcel Number:K6/1/4A/0508


13

ALL THAT CERTAIN tract of land situate mostly in East Allen Township and partly in Bath Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Robert S. Brynildsen and Nancy M. Brynildsen by Deed recorded 5/10/1991 in Book 829, Page 200.

THEREON being vacant land.No. C-48-CV-2009-05318

CITY OF EASTONvs.

DOMENIC A. DESEI, JUDITH K. DESEI,

UNITED STATES OF AMERICAProperty Address:906 Butler Street, Easton, PA

18042UPI/Tax Parcel Number:L9SE4B/1/10/0310ALL THAT CERTAIN lot or piece of

ground situate on the south side of Butler Street in Easton City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Domenic A. Desei and Judith K. Desei by deed recorded 4/29/1996 in Book 1996-1, Page 38997.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding and shingle roof.


SCHOOL DISTRICTvs.

DAVID P. HARTMANProperty Address:2309 Dewey Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:L4SW1B/11/4/0522NO. 1 ALL THAT CERTAIN

messuage or tenement and lot or piece of land situate in the First Ward of Northampton Borough, Northamp-ton County, Pennsylvania.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding and brick exterior and shingle roof.

Property Address:East 23rd Street, Northampton,

PA 18067UPI/Tax Parcel Number:L4SW1B/11/2/0522NO. 2 ALL THAT CERTAIN lot or

piece of land situate in Northampton Borough, Northampton County, Pennsylvania.

THEREON BEING ERECTED a detached two-car garage with vinyl siding and shingle roof.

BEING THE SAME PREMISES granted and conveyed unto David P. Hartman and Susan M. Hartman by deed recorded 10/3/1990 in Book 813, Page 35. The said Susan M. Hartman became deceased on 5/28/2009 whereby title was vested solely in David P. Hartman.

No. C-48-CV-2012-05787MTGLQ INVESTORS, L.P.

vs.BEVERLY BAZEMORE

Property Address:1808-D Merlot Drive, Easton, PA

18045UPI/Tax Parcel Number:N8/2/37-4D/0205ALL THAT CERTAIN unit in the

property known, named and identi-fied in the declaration referred to as “Bordeaux Lofts at the Vineyard at Wagner Farms, a Condominium”, located in Bethlehem Township, Northampton county, Pennsylvania.

TITLE TO SAID PREMISES is vested in Beverly Bazemore by deed from Wagner Enterprises, Ltd., said deed recorded 11/19/2007 in Book 2007-1, Page 417009.

THEREON BEING ERECTED a two-story townhouse with vinyl siding and stone veneer and shingle roof.


14

No. C-48-CV-2013-04373MTGLQ INVESTORS, L.P.

vs.STELLA E. BREINER

Property Address:95 Gaffney Hill Road, Easton, PA

18042UPI/Tax Parcel Number:N9/6/19/0836ALL THAT CERTAIN lot or piece of

land situate in Williams Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Kenneth A. Breiner and Stella E. Breiner, joint tenants with right of survivorship, by deed from Stella E. Breiner, widow, said deed recorded 8/23/2004 in Book 2004-1, Page 329495. The said Kenneth A. Breiner died on 12/21/2012 thereby vesting title in Stella A. Breiner by operation of law.

Lot 19 having erected thereon a two-story single dwelling with vinyl siding and shingle roof.

Property Address:Gaffney Hill Road, Easton, PA

18042UPI/Tax Parcel Number:N9/5/8/0836Lot 8 having erected thereon a

one-car block garage with shingle roof.

No. C-48-CV-2013-07809BANK OF AMERICA NA

vs.ROBERT HRUZ, KATARINA

HOJOHN, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND

ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING

RIGHT TITLE OR INTEREST FROM OR UNDER BRUCE D. HOJOHN, DECEASED

Property Address:236 Penn Street, Bath, PA 18014UPI/Tax Parcel Number:K6NW3D/3/3/0503

ALL THAT CERTAIN messuage or tenement and tract of land situate in Bath Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Bruce D. Hojohn by deed from Melissa S. Smith, said deed recorded 12/17/2012 in Book 2012-1, Page 303101.


No. C-48-CV-2013-08889WELLS FARGO BANK NA

vs.DOMINICK DiBELLA, SUZANNE DiBELLA

Property Address:1155 Vera Drive, Easton, PA

18040UPI/Tax Parcel Number:K9/10/6-70/0311ALL THAT CERTAIN lot or piece of

ground situate in Forks Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Dominick DiBella and Suzanne DiBella by deed from Keith F. Robi l lard and Maureen MacDormand- Robillard, h/w, said deed recorded 12/29/2008 in Book 2008-1, Page 330749.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding and brick exterior, shingle roof and attached two-car garage.


SCHOOL DISTRICTvs.

RICHARD ANTHONY HESS, DALEANN HESS

Property Address:1411 North Cottonwood Road,

Danielsville, PA 18038UPI/Tax Parcel Number:G3/3/3G/0516


15

ALL THAT CERTAIN piece, parcel or tract of land situate in Lehigh Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Daleann Hess and Richard Anthony Hess by deed recorded 10/27/2000 in Book 2000-1, Page 142570.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and detached one-car garage.

No. C-48-CV-2013-09790BANK OF NEW YORK

MELLON, THEvs.

MARGUERITE M. McGRATHProperty Address:4805 Lehigh Drive, Walnutport,

PA 18088UPI/Tax Parcel Number:H2/27/2/0516ALL THAT CERTAIN messuage,

tenement and tract of land located on the south side of Lehigh Drive in Lehigh Township, Northamptn County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Marguerite M. McGrath by deed from Bradley S. Fogel and Stephanie A. Fogel, h/w, by deed recorded 7/3/1996 in Book 1996-1, Page 068252.

THEREON BEING ERECTED a two-story cape cod-style dwelling with aluminum siding and shingle roof.


SCHOOL DISTRICTvs.

KAY K. MILISITSProperty Address:2859 Mountain View Drive, Bath,

PA 18014UPI/Tax Parcel Number:H5/22/2A/0520

ALL THAT CERTAIN tract, piece or parcel of land situate in Moore Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Kay K. Milisits by deed recorded 10/27/2003 in Book 2003-1, Page 449240.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding, shingle roof and attached one-car garage.


vs.GAIL HOOVER

Property Address:704 East 4th Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P6SE2A/20/2/0204ALL THAT CERTAIN lot and piece

of ground, with the improvements thereon, situate in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Gail Hoover by deed from Judith A. Bazler and Arthur B. Hall, general partners of A & K Partnership, a PA General Partnership, said deed recorded 2/3/2000 in Book 2000-1, Page 12534.

THEREON BEING ERECTED an apartment building with brick exterior and flat roof.

No. C-48-CV-2014-10888HSBC BANK USA NA

vs.WILLIAM C. SOLDRICH

Property Address:1020-1022 2nd Street, North

Catasauqua, PA 18032UPI/Tax Parcel Number:M4SE4D/15/9/0923ALL THAT CERTAIN messuage,

tenement and lot or piece of ground


16

situate in North Catasauqua Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which David L. Odenwelder and Nancy A. Simmers granted and conveyed unto William Solderich by deed recorded 10/24/2005 in Book 2005-1, Page 418199.

THEREON BEING ERECTED a two-story double dwelling with inde-terminate siding and slate roof.


vs.JOHN M. BARTISH,

CHERYL A. BARTISHProperty Address:269 Hillside Avenue, Nazareth, PA

18064UPI/Tax Parcel Number:J7SE1B/2/1/0421ALL THAT CERTAIN messuage or

tenement and lot or piece of land situate on the west side of Hillside Avenue in Nazareth Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in John M. Bartish and Cheryl A. Bartish, h/w, by deed from John M. Bartish, said deed recorded 9/30/2002 in Book 2002-1, Page 262268.

THEREON BEING ERECTED a ranch-style single dwelling with vinyl siding and brick exterior, shingle roof and attached two-car garage.

No. C-48-CV-2015-03896BETHLEHEM AREA SCHOOL DISTRICT

vs.BROAD & NEW

DEVELOPMENT ASSOCIATES LPProperty Address:1 East Broad Street, Suite 110-1

a/k/a Suite 110E, Bethlehem, PA 18018

UPI/Tax Parcel Number:P6NE1D/8/2A/0204ALL THOSE CERTAIN units,

designated as Units 1, 2, 4 and 5 in the One East Broad Condominiums, situate in Bethlehem City, Northamp-ton County, Pennsylvania.

BEING PART OF THE SAME PREMISES which Bethlehem Parking Authority, a municipal corporation, granted and conveyed unto Broad & New Development Associates, L.P., by deed recorded 1/2/2004 in Book 2004-1, Page 848.

THEREON BEING four suites inside a multi-unit office structure with aluminum siding and flat roof.

Property Address:1 East Broad Street, Suite 210-2


UPI/Tax Parcel Number:P6NE1D/8/2B/0204Property Address:1 East Broad Street, Suite 410-4


UPI/Tax Parcel Number:P6NE1D/8/2D/0204Property Address:1 East Broad Street, Suite 510-5


UPI/Tax Parcel Number:P6NE1D/8/2E/0204

No. C-48-CV-2015-06747U S BANK

NATIONAL ASSOCIATIONvs.

HENRY MOORE, SHEILA J. MOORE

Property Address:116 Scotty Drive, Easton, PA

18045UPI/Tax Parcel Number:K8SE2/17/5/0324ALL THAT CERTAIN piece, parcel

or tract of land situate in Palmer


17

Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Henry Moore and Sheila J. Moore, h/w, by deed from Steven R. Miller and Victoria L. Miller, h/w, said deed recorded 8/4/2005 in Book 2005-1, Page 295871.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and attached two-car garage.


SCHOOL DISTRICTvs.

JOSEPH T. SAMAAN, GEORGINA M. SAMAAN

Property Address:5453 Monocacy Drive, Bethlehem,

PA 18017UPI/Tax Parcel Number:M5NW2/10/14/0508ALL THAT CERTAIN lot or piece of

ground, with the improvement thereon, situate in East Allen Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Joseph T. Samaan and Georgina M. Samaan by deed recorded 2/6/2002 in Book 2002-1, Page 034076.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding and brick exterior, shing roof and attached two-car garage.

No. C-48-CV-2015-07738LSF9 MASTER

PARTICIPATION TRUSTvs.

ANDREW E. LARSEN, MARIA A. LARSEN

Property Address:3301 Richmond Road, Easton, PA

18040UPI/Tax Parcel Number:J9/17/9A/0311

ALL THAT CERTAIN lot, parcel or tract of land situate in Forks Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Andrew E. Larsen and Maria A. Larsen, h/w, by deed from Maria A. Larsen and Andrew E. Larsen, h/w, and Mary L. Padula, by her agents Maria A. Larsen and Andrew E. Larsen, said deed recorded 6/6/2003 in Book 2003-1, Page 208731.

THEREON BEING ERECTED a ranch-style single dwelling with brick exterior, shingle roof, attached one-car garage and detached two-car garage.

No. C-48-CV-2015-08328WELLS FARGO

vs.KEITH R. GARRIS,

JACQUELINE A. CROMONICProperty Address:820 Atlas Road, Northampton, PA

18067UPI/Tax Parcel Number:L4/12/5M-47/0501ALL THAT CERTAIN lot, parcel or

tract of land located in Allen Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which T. Kyle Brede and Krista D. Brede, h/w, granted and conveyed unto Keith R. Garris and Jacqueline A. Cromonic, as joint tenants with the right of survivorship, by deed recorded 7/9/2008 in Book 2008-1, Page 200972.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding and brick exterior, shingle roof and attached one-car garage.


SCHOOL DISTRICTvs.

NATHAN C. MEIXSELL


18

Property Address:7141 Beth Bath Pike a/k/a 7141

Bath Pike, Bath, PA 18014UPI/Tax Parcel Number:L6/15/3/0508ALL THAT CERTAIN lot or piece of

ground situate in East Allen Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Nathan C. Meixsell by deed recorded 10/6/2003 in Book 2003-1, Page 416234.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding and cement block exterior, shingle roof and detached two-car garage.

No. C-48-CV-2015-11614JPMORGAN CHASE BANK NATIONAL ASSOCIATION

vs.THOMAS W. GREER, JR.,

REBECCA C. GREERProperty Address:2312 Washington Avenue,

Northamtpon, PA 18067UPI/Tax Parcel Number:L4SW1B/12/4/0522ALL THAT CERTAIN messuage or

tenement and lot or piece of ground situate on the west of Washington Avenue between 23rd and 24th Street in the First Ward of Northampton Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Lori L. Fields, n/k/a Lori F. Tonetti, and Michael Tonetti granted and conveyed unto Thomas W. Greer, Jr., and Rebecca C. Greer, h/w, by deed recorded 3/7/2016 in Book 2006-1, Page 93920.

THEREON BEING ERECTED a two-story single dwelling with shingle siding and shingle roof.

No. C-48-CV-2015-11885MINERS BANK

vs.JEFFREY C. CRAMSEY

Property Address:2982 Whitetail Deer Drive, Bath,

PA 18014UPI/Tax Parcel Number:J5/3/9/0520ALL THAT CERTAIN lot, piece or

parcel of land situate in Moore Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Kenneth P. Skuba granted and conveyed unto Jeffrey Cramsey by deed recorded 3/6/2000 in Book 2000-1, Page 025266.

THEREON BEING ERECTED a two-story single dwelling with wood siding and slate roof.

No. C-48-CV-2016-00833FEDERAL NATIONAL

MORTGAGE ASSOCIATIONvs.

JOHN H. HART, SARAH M. HART

Property Address:3518 North Drive, Bethlehem, PA

18015UPI/Tax Parcel Number:Q6SE4/4/3/0719ALL THAT CERTAIN lot or parcel

of ground situate on the west side of North Drive, south of Woodland Drive, in Lower Saucon Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Frederick P. Banyard and Doris M. Banyard, his wife, granted and conveyed unto John H. Hart and Sarah M. Hart by deed recorded 9/18/2001 in Book 2001-1, Page 191388.

THEREON BEING ERECTED a two-story single dwelling with brick exterior, shingle roof and attached two-car garage.


19

No. C-48-CV-2016-00878DEUTSCHE BANK

NATIONAL TRUST COMPANYvs.

PATRICIA ANN SCUDESE-PAAR, GREGORY A. PAAR

Property Address:506 Christine Ann Lane, Nazareth,

PA 18064UPI/Tax Parcel Number:L7/1/1-10/0418ALL THAT CERTAIN tract of land

located in Lower Nazareth Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Gregory A. Paar and Patricia Ann Scudese-Paar by deed from Selvaggio Enterprises, Inc., said deed recorded 10/15/2001 in Book 2001-1, Page 214000.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding and stone veneer, shingle roof and attached three-car garage.

No. C-48-CV-2016-01696PENNYMAC LOAN SERVICES LLC

vs.EMILIO TORRES,

CARMEN VAZQUEZProperty Address:1514 Elayne Street, Bethlehem,

PA 18017UPI/Tax Parcel Number:N7SW1C/4/30/0204ALL THAT CERTAIN lot or piece of

ground, with the buildings and improvements thereon erected, situate in the Fifteenth Ward of Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Emilio Torres and Carmen Vazquez by deed from Michael Kramer, Executor of the estate of Ruth M. Kramer, deceased, said deed recorded 10/6/2000 in Book 2000-1, Page 131659.

THEREON BEING ERECTED a ranch-style half-double dwelling with vinyl siding, shingle roof and detached one-car garage.

No. C-48-CV-2016-04169MATRIX FINANCIAL

SERVICES CORPORATIONvs.

BREANNA VITALETTIProperty Address:145 North Oak Street, Freemans-

burg, PA 18017UPI/Tax Parcel Number:P7/2/3-18/0212ALL THAT CERTAIN lot or tract or

parcel of ground situated in Free-mans burg Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Breanna Vitaletti by deed from Todd G. Truedson and Lorraine E. Truedson, h/w, said deed recorded 12/1/2008 in Book 2008-1, Page 314732.

THEREON BEING ERECTED a three-story row home with brick exterior, shingle roof and attached one-car garage.

No. C-48-CV-2016-05834FEDERAL NATIONAL

MORTGAGE ASSOCIATIONvs.

JARRAD DOMINICK, ELLSWORTH P. DOMINICK,

SUSAN C. DOMINICKProperty Address:998 Newichawnoe Street, Bath, PA

18014UPI/Tax Parcel Number:G5SE2/2/2/0520ALL THAT CERTAIN messuage or

tenement and lot or piece of land situate in Moore Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Jarrad Dominick and Ellsworth P. Dominick by deed from


20

Richard L. Williams, said deed recorded 11/2/2004 in Book 2004-1, Page 425549.

THEREON BEING ERECTED a ranch-style single dwelling with aluminum siding and shingle roof.


SCHOOL DISTRICTvs.

ROBERT D. MANKOSProperty Address:4789 Timberline Rd., Walnutport,

PA 18088UPI/Tax Parcel Number:H2/10/9/0516ALL THAT CERTAIN tract of land

located on the south side of Timber-line Road in Lehigh Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Robert D. Mankos by deed recorded 7/2/2004 in Book 2004-1, Page 257689.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof, in-law apartment and detached three-car garage.


vs.PHILIP PIERCE STRATTON, TRACY LYNNE STRATTON

Property Address:3631 Freemansburg Ave.,

Bethlehem, PA 18020UPI/Tax Parcel Number:N7NE4/43/5/0205ALL THAT CERTAIN lot or parcel

of land on the northeast side of the intersection of Legislative Route 48012 and Eighth Street in Bethlehem Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Philip Pierce Stratton and Tracy Lynne Stratton, h/w, by deed

from Agustin Ortiz and Aracelis Ortiz, h/w, said deed recorded 6/9/2009 in Book 2009-1, Page 142971.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and attached two-car garage.


vs.RICHARD J. BENNER, REBECCA S. BENNER

Property Address:321 East 5th Street, Bethlehem,

PA 18015UPI/Tax Parcel Number:P6SE1B/28/5/0204ALL THAT CERTAIN lot or piece of

ground situate on Fifth Street in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Richard J. Benner and Rebecca S. Benner, h/w, by deed from Richard J. Benner, said deed recorded 6/4/2012 in Book 2012-1, Page 126419.

THEREON BEING ERECTED a two-story single dwelling with brick exterior and slate roof.

No. C-48-CV-2016-09923BRANCH BANKING

AND TRUST COMPANYvs.

STEPHEN M. POSIVAK, JR., JOANNE POSIVAK

Property Address:904 Walters St., Bethlehem, PA

18017-6024UPI/Tax Parcel Number:N6SE3B/11/1/0204ALL THAT CERTAIN lot or tract of

land situate in Bethlehem City, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Stephen M. Posivak, Jr., and Joanne Posivak, his wife, by deed


21

from Rosemary Smith and Eugene L. Smith, her husband, said deed dated 6/15/1979 in Book 600, Page 496.

THEREON BEING ERECTED a cape cod-style single dwelling with brick exterior, shingle roof and detached one-car garage.

No. C-48-CV-2016-11138BANK OF NEW YORK

MELLON, THEvs.

JILL M. MERTZProperty Address:403 Monroe Street, Freemans-

burg, PA 18017UPI/Tax Parcel Number:N7SW3D/13/8/0212ALL THAT CERTAIN parcel of

land, with one half-double dwelling erected thereon, hereditaments and appurtenances, situate in Freemans-burg Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Jill M. Mertz by deed from Barry L. Mertz and Jill M. Mertz, said deed recorded 5/13/2016 in Book 2016-1, Page 091303.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum siding and shingle roof.

No. C-48-CV-2016-11161US BANK NATIONAL ASSOCIATION

vs.DAVID J. MONTESI,

JONI I. MONTESIProperty Address:450 South 20th Street, Easton, PA

18042-5467UPI/Tax Parcel Number:L9SW3A/11/2/0837ALL THAT CERTAIN messuage

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

TITLE TO SAID PREMISES is vested in David J. Montesi and Joni

I. Montesi, h/w, by deed from Clifford C. Rohn, by Gloria R. Stauffer his attorney-in-fact, specially constituted by power of attorney, said deed recorded 7/5/2000 in Book 2000-1, Page 082947.

THEREON BEING ERECTED a two-story half-double dwelling with vinyl siding, shingle roof and detached two-car garage.

No. C-48-CV-2016-11331PENNSYLVANIA HOUSING

FINANCE AGENCYvs.

JOSHUA D. RUTHProperty Address:1424 Newport Avenue, Northamp-

ton, PA 18067UPI/Tax Parcel Number:M4NW1B/16/1/0522ALL THAT CERTAIN lot, parcel or

tract of land situate along the westerly side of Newport Avenue in Northamp-ton Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Joshua D. Ruth by deed from Randy L. Snyder, said deed recorded 10/30/2013 in Book 2013-1, Page 283317.

THEREON BEING ERECTED a one-and-one-half-story single dwelling with aluminum siding and shingle roof.

No. C-48-CV-2017-00497U S BANK

NATIONAL ASSOCIATIONvs.

PAUL A. TAYLORProperty Address:2642 Easton Road, Hellertown, PA

18055UPI/Tax Parcel Number:P8/17/1A/0719ALL THAT CERTAIN tract, piece

or parcel of land situate, lying and being in Lower Saucon Township, Northampton County, Pennsylvania.


22

TITLE TO SAID PREMISES is vested in Paul A. Taylor by deed from Kathleen M. Shumar, now by marriage Kathleen M. Foster, and Richard H. Morrison, single, said deed recorded 1/19/2000 in Book 2000-1, Page 7132.

THEREON BEING ERECTED a ranch-style single dwelling with aluminum siding, shingle roof and detached two-car garage.

No. C-48-CV-2017-00943JAMES B. NUTTER & COMPANY

vs.SANDRA OBERREITER,

NANCY J. BURTONProperty Address:224 5th Street, Easton, PA 18042UPI/Tax Parcel Number:M9NW2A/12/3/0835ALL those two certain lots, pieces

or parcels of land, with the improve-ments thereon erected, situated in West Easton Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Craig J. Moyer, f/k/a Craig Yacobacci, a widowed, remarried and since widowed woman, granted and conveyed unto Craig J. Moyer, an unmarried woman, be deed recorded 9/25/2009 in Book 2009-1, Page 248343.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding and shingle roof.

No. C-48-CV-2017-00945HUNTINGTON NATIONAL

BANK, THEvs.

ERIC C. BALDWIN, HILARY A. BALDWIN

Property Address:1716 Coal Yard Road, Bethlehem,

PA 18015UPI/Tax Parcel Number:R7/7/8/0719ALL THAT CERTAIN messuage or

tenement and lot or parcel of land

situate along the westerly side of the private road leading northwardly from the Saucon Valley Road near Bingen in Lower Saucon Township, North-ampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Eric C. Baldwin and Hilary A. Baldwin, h/w, by deed from Marjorie J. Laubach, widow, said deed recorded 4/11/2003 in Book 2003-1, Page 127082.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum siding and shingle roof.

No. C-48-CV-2017-01088LSF9 MASTER

PARTICIPATION TRUSTvs.

DANIEL G. CURRAN, MARSHA J. CURRAN

Property Address:59 West Ettwein Street, Bethlehem,

PA 18018UPI/Tax Parcel Number:P6NE1A/3/4/0204ALL THAT CERTAIN messuage or

tenement and tract or piece of land situate in Bethlehem City, Northamp-ton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Daniel G. Curran, a/k/a Daniel Curran, and Marsha J. Curran, a/k/a Marcia J. Curran, by deed from Joseph J. Villani, Jr., said deed recorded 8/4/2006 in Book 2006-1, Page 318824.

THEREON BEING ERECTED a two-story half-double dwelling with aluminum and shingle siding and shingle roof.

No. C-48-CV-2017-01196WILMINGTON SAVINGS

FUND SOCIETY FSBvs.

ROBERT A. WENTZELLProperty Address:476 Male Road, Wind Gap, PA

18091


23

UPI/Tax Parcel Number:F7/11/17/0406ALL THAT CERTAIN messuage or

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

TITLE TO SAID PREMISES is vested in Robert A. Wentzell by deed from Robert A. Wentzell and Vicki Lynn Wentzell, said deed recorded 12/21/2004 in Book 2004-1, Page 492987.

THEREON BEING ERECTED a two-story single dwelling with aluminum siding and slate roof.

No. C-48-CV-2017-01294JPMORGAN CHASE BANK NATIONAL ASSOCIATION

vs.GLENN D. VILLANO

Property Address:380 Gaffney Hill Road, Easton, PA

18042UPI/Tax Parcel Number:P9/1/3/0836ALL THAT CERTAIN tract or parcel

of ground, together with the improve-ments thereon erected, situate in Williams Township, Northampton County, Pennsylvania.

BEING THE SAME PREMISES granted and conveyed unto Glenn D. Villano by deed from Mary Pienciak, said deed recorded 7/30/2001 in Book 2001-1, Page 148138.

THEREON BEING ERECTED a two-story single dwelling with stucco exterior, shingle roof and attached two-car garage.

No. C-48-CV-2017-01413DITECH FINANCIAL LLC

vs.KEVIN DeCARLO,

ELIZABETH M. SROCKProperty Address:1284 Maple Street, Bethlehem, PA

18018

UPI/Tax Parcel Number:N6SE3A/17/24/0204ALL THAT CERTAIN messuage or

tenement and tract of land situate in the 15th Ward of Bethlehem City, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Danny R. Frazier and Susan L. Frazier granted and conveyed unto Kevin DeCarlo and Elizabeth Srock by deed recorded 9/7/2011 in Book 2011-1, Page 183407.

THEREON BEING ERECTED a two-story half-double dwelling with brick exterior, shingle roof and detached one-car garage.

No. C-48-CV-2017-01487WILMINGTON SAVINGS

FUND SOCIETYvs.

ROBERT E. HOCKENBURY, MARY J. HODGE

Property Address:215 High Street, Easton, PA 18042UPI/Tax Parcel Number:M9NW3B/4/3/0813ALL THAT CERTAIN lot or piece of

land situate in Glendon Heights in Glendon Borough, Northampton County, Pennsylvania.

BEING THE SAME PREMISES which Michael R. Moninghoff and Marian L. Moninghoff, h/w, granted and conveyed unto Robert E. Hockenbury, unmarried, and Mary J. Hodge, unmarried, as joint tenants with the right of survivorship, by deed recorded 11/4/1994 in Book 1994-6, Page 093261.


No. C-48-CV-2017-01757CALIBER HOME LOANS INC.

vs.ALICK SMITH, III

Property Address:531 Old Mill Road, Easton, PA

18040


24

UPI/Tax Parcel Number:K9SE4/1D/12/0311ALL THAT CERTAIN lot or parcel

of land located in Forks Township, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Alick Smith, III, by deed from Janet S. Wagner, said deed recorded 8/1/2012 in Book 2012-1, Page 175493.

THEREON BEING ERECTED a two-story single dwelling with vinyl siding, shingle roof and attached one-car garage.

No. C-48-CV-2017-03178WELLS FARGO BANK N A

vs.JUDITH R. HALL

Property Address:2357 Main Street, Northampton,

PA 18067UPI/Tax Parcel Number:L4SW1B/8/13/0522ALL THAT CERTAIN messuage or

tenement and parcel or piece of land situate in the First Ward of Northamp-

ton Borough, Northampton County, Pennsylvania.

TITLE TO SAID PREMISES is vested in Judith Kleppinger, married, by deed from Charles D. Stettler and Donald R. Stettler, Executors of the estate of Clarence J. Stettler, said deed recorded 6/4/2001 in Book 2001-1, Page 098724.

THEREON BEING ERECTED a two-story apartment building with shingle siding, slate roof and detached one-car garage.

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

DAVID J. DALRYMPLE Sheriff

North amp ton County, Pennsylvania

DAVID J. CERAUL, ESQUIRE Solicitor to the Sheriff

Aug. 17, 24, 31


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Aug. 24, 31; Sept. 7


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Aug. 24, 31


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JUDICIAL LAW CLERKJudicial Law Clerk positions available at the Northampton

County Courthouse, 669 Washington Street, Easton, PA for the term August 2018 to August 2019. Northampton County offers a superior clerkship experience at the common pleas level. Our clerks spend a great deal of time in the courtroom observing proceedings in addition to participating with their assigned judges in the resolution of pretrial and post-trial motions, researching evidentiary issues that arise during the course of court proceedings, preparing jury charges, and in conducting legal research and drafting opinions. We restrict consideration of applicants to those who are in the upper third of their class after their first two years of law school. They must also have a B average or higher in legal research and writing. Interested candidates please send resume, transcript and writing sample to the Honorable Paula A. Roscioli at the above address no later than September 30, 2017.

Aug. 31; Sept. 7, 21


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MON TUE WED THU FRI1Misc. Hrngs.

4LABOR

DAY

5Juvenile Criminal

6Civil Call Criminal

7Juvenile Criminal

8Misc. Hrngs.

11Juvenile Non-Jury

12Non-Jury

13Non-Jury

14Juvenile

Arraignments Non-Jury

15Misc. Hrngs.

18Juvenile

19Argument Memorial Service

20ARD

SummariesDRS

Civil Call Asbestos Pretrials

21Juvenile Status DRS

22Misc. Hrngs. O.C. Audit

25Juvenile

Civil

26Civil

27Civil

28Juvenile

Civil Arraignments

29Misc. Hrngs.

SEPTEMBER 2017

705Fenstermaker v. Fenstermaker

Fenstermaker v. Fenstermaker

CYNTHIA L. FENSTERMAKER, Plaintiff v. KEITH A. FENSTERMAKER, Defendant

Divorce—Prenuptial Agreement—Marital Property.In this divorce case, the parties entered into a prenuptial agreement whereby, diverg-

ing from the Divorce Code, retirement accounts that either party came to own after the mar-riage would remain separate property. Defendant (“Husband”) became the owner of a 401k account during the marriage. Plaintiff (“Wife”) argued that a provision in the agreement stating that “any property acquired by the parties after the marriage shall be considered marital property” overrode the provision on retirement accounts, resulting in the 401k account being marital property. The Court disagreed, because it found that the term “acquired by the parties” meant property acquired jointly, not individually. Because Husband’s 401k was ac-quired by Husband alone, it was excluded as marital property pursuant to the agreement.

In the Court of Common Pleas of Northampton County, Pennsylvania, Civil Action—No. C-48-CV-2013-6350.

James L. Reich, Esquire, for Plaintiff.

Linda Shay Gardner, Esquire, for Defendant.

Order of Court entered on January 18, 2017 by Beltrami, J.

ORDER

AND NOW, this 18th day of January, 2017, Plaintiff’s “Motion to Determine Burden of Proof ” (“Motion”), filed on October 28, 2016, is hereby DENIED. It is hereby determined that, pursuant to the terms of the parties’ prenuptial agreement, Defendant’s 401k at Unity Bank is not marital property for purposes of equitable distribution.

Plaintiff shall file copies of her Motion and Brief in support of the Motion in the instant action.1

STATEMENT OF REASONS

Plaintiff (“Wife”) commenced this divorce action on June 25, 2013. Prior to the marriage, Wife and Defendant (“Husband”) entered into a prenuptial agreement (“Agreement”) on March 13, 1997. On May 31, 2016, Wife filed for the appointment of a divorce master. A conference was held before Master Steven N. Goudsouzian on August 10, 2016. On August 12, 2016, Master Goudsouzian issued a letter to the parties’ counsel in which he suggested that the Court was required to interpret the Agreement as it applies to Husband’s 401k at Unity Bank (“401k”).

Thereafter, the parties disagreed as to whether Wife had the burden of proving that the 401k was marital property or whether Husband had the ———

1 Plaintiff inadvertently filed her Motion and Brief in the parties’ custody action dock-eted at C-48-CV-2013-5860 rather than in the instant case, which is the parties’ divorce action. Defendant filed his Answer to the Motion and his Brief at both docket numbers.

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Fenstermaker v. Fenstermaker706 Vol. 59

burden of proving that it was not marital property. On October 28, 2016, Wife filed the instant Motion. A hearing on the Motion was held on No-vember 18, 2016, at which neither party presented testimony but stipulated that Husband began working at Unity Bank during the marriage. The par-ties have filed briefs, and the matter is ready for disposition.

In his Brief, Husband argues that, pursuant to paragraph 2 of the Agreement, his 401k is not marital property. In her Motion and Brief, Wife argues that, pursuant to Section 3501(b) of the Divorce Code,2 all property is presumed to be marital if acquired during the marriage, requiring Husband to prove an exception as to his 401k.

If the Agreement had not been entered into by the parties, Wife would be correct. However, the entire purpose of the parties entering into the Agreement was to exclude certain property from Section 3501(b) and to take the distribution of certain of the parties’ assets outside of the confines of equitable distribution as set forth in the Divorce Code. In this regard, paragraph two of the Agreement states that

[e]ach of the parties agree that all property ... owned or controlled by him or her at the time of their marriage or acquired or con-trolled by him or her after the marriage of the parties ... , includ-ing without limitation the income and increase in value of such property, the earnings of each party, the rights and benefits of each party under any ... employee benefit or retirement plan, ... shall ... be the separate property of the respective party and is not and shall not become marital property.

(Agreement ¶2 (emphasis added).) Despite this clear language, Wife argues that paragraph 22A of the Agreement overrides paragraph 2 of the Agree-ment as it relates to the 401k. Paragraph 22A states that “[n]othwithstand-ing anything herein stated to the contrary, any property acquired by the parties after marriage shall be considered marital property except for items acquired by gift or inheritance.” (Id. ¶22A (emphasis added).) Thus, Wife argues that because Husband acquired the 401k during the marriage, it is marital property unless Husband proves otherwise, pursuant to the Divorce Code. The Court disagrees.

As to interpretation, enforcement, and remedies, in Penn-sylvania, [pre]nuptial agreements are interpreted in accordance with traditional principles of contract law. Mormello v. Mormello, 452 Pa.Super. 590, 682 A.2d 824, 826 (1996) (quoting

———2 Section 3501(b) of the Divorce Code states:

(b) Presumption.—All real or personal property acquired by either party during the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The pre-sumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a).

23 Pa. C.S.A. §3501(b).

32

707Fenstermaker v. Fenstermaker

Cooper v. Oakes, 427 Pa.Super. 430, 629 A.2d 944, 946 (1993);[]

Simeone v. Simeone, 525 Pa. 392, 400, 581 A.2d 162, 165 (1990)). Generally, the parties are bound by their agreements, absent fraud, misrepresentation or duress. Id. They are bound ‘without regard to whether the terms were read and fully un-derstood and irrespective of whether the agreements embodied reasonable or good bargains.’ Id.

When interpreting a[ pre]nuptial agreement, the court must determine the intention of the parties. Raiken v. Mellon, 399 Pa.Super. 192, 582 A.2d 11, 13 (1990) (citing Laub v. Laub, 351 Pa.Super. 110, 505 A.2d 290, 293 (1986)). ‘When the words of a contract are clear and unambiguous, the intent of the par-ties is to be discovered from the express language of the agree-ment.’ Id. ‘Where ambiguity exists, however, the courts are free to construe the terms against the drafter and to consider extrinsic evidence in so doing.’ Id. (citing Rusiski v. Pribonic, 511 Pa. 383, 515 A.2d 507 (1986)).

Sabad v. Fessenden, 825 A.2d 682, 688 (Pa. Super. 2003) (footnote omit-ted).

In the instant case, reading the entire Agreement, the Court does not find it to be ambiguous.3 Paragraph 2 of the Agreement clearly expresses the parties’ intent that any property they separately owned at the time of the marriage or that they acquired separately thereafter is not marital prop-erty. Paragraph 22A expresses the parties’ intent that any property “the parties” acquired jointly during the marriage is marital property.4 The above interpretation is consistent with the third “whereas” clause of the Agree-ment, which states that the Agreement articulates the parties’

desire to express in writing their agreement that ... their mar-riage shall not in any way change their existing rights or the

———3 Even if the Agreement were ambiguous, paragraph 21 of the Agreement states that

it may not be construed against either party, as both parties contributed equally to its drafting. (Agreement ¶21.)

4 The language at the end of paragraph 22A which states “except for items acquired by gift or inheritance” appears ambiguous upon first reading. However, a contract is only “ambiguous if it is reasonably susceptible of different constructions and capable of being understood in more than one sense.” Miller v. Poole, 45 A.3d 1143, 1146 (Pa. Super. 2012) (quoting Ins. Adjustment Bureau, Inc. v. Allstate Ins. Co., 905 A.2d 462, 468 (Pa. 2006)). In this case, the language is not susceptible to different reasonable constructions. On the one hand, if the language was meant to refer to property acquired jointly during the marriage by gift or inheritance, such property would be neither separate (as not acquired individually per paragraph 2) nor marital property (because excluded by paragraph 22A) if the parties divorced. On the other hand, if the language refers to property acquired separately during the marriage by gift or inheritance, such property is already classified as separate property pursuant to paragraph 2 of the Agreement. As the latter is the only reasonable interpretation of that lan-guage, the Court determines that the language is mere surplus and is to be interpreted in connection with paragraph 2 of the Agreement, not paragraph 22A.

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Fenstermaker v. Fenstermaker708 Vol. 59

rights of others who may be their heirs, next of kin, devisees, legatees, beneficiaries or appointees in the[ir] property, real and personal, wherever in the world located, now owned or con-trolled or hereafter acquired or controlled by each of the parties.

(Agreement 1.) Accordingly, to interpret the Agreement as suggested by Wife would render the Agreement meaningless.

For all of the above reasons, because Husband separately acquired and controlled his 401k during the marriage, it is not marital property, pursuant to paragraph 2 of the Agreement.

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Northampton County Bar Association

Notification of Change Form

In order to maintain up-to-date information on all members and subscribers of the Reporter, complete the form below and return it to the NCBA Office whenever you have a change and/or addition to your address, telephone number, fax number or e-mail address. Return to: Northampton County Bar Association, 155 South Ninth Street, Easton, PA 18042-4399, FAX: (610) 258-8715.

Previous information:

NAME _____________________________________________________________________

ADDRESS ___________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

TELEPHONE ______________________________ FAX _____________________________

E-MAIL ____________________________________________________________________

New information:

NAME _____________________________________________________________________

ADDRESS ___________________________________________________________________

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TELEPHONE ______________________________ FAX _____________________________

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PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Tuesday, September 5, 2017

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