Vol. LVII Allentown, PA Friday, April 28, 2017 No....

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Vol. LVII Allentown, PA Friday, April 28, 2017 No. 44

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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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LEHIGH COUNTY PARALEGAL ASSOCIATION

PRESENTS LUNCH AND LEARN

WHAT’S NEW ON WESTLAW

Researching and drafting tools on Westlaw are ever changing and this presentation will provide you with the most recent updates of exciting new features, including:

• Seeing legal issue patterns in your document interactions during the research session

• Identifying legal issues present through automatic analysis of cases in a folder• Sharing notes• Easier access to stored results in your History• Westlaw’s newest features: Drafting Assistant for both Litigation and

Transactional Documents

When: May 30, 2017, 12:00 noonWhere: Bar Association of Lehigh County

1114 W. Walnut StreetAllentown, PA 18102

No charge for LCPA members, $25 for guests, and $10 for students.

Please RSVP to Karen Mesch by May 24, 2017:610-433-6204 x 12 or

[email protected]

*This presentation is pending approval by the Keystone Alliance of Paralegal Associations for 1 substantive Paralegal CLE credit

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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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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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REAL ESTATE PARALEGAL

Fitzpatrick Lentz & Bubba, P.C., a 30+ attorney, full-service Lehigh Valley law firm, is accepting applications for a real estate paralegal position. The successful candidate must possess 5 or more years’ experience as a real estate paralegal, which should include handling of significant commercial transactions and performing complex title review and settle-ments. The applicant should possess a commitment to profes-sionalism, an attention to detail, computer proficiency and a proven ability to multitask in a dynamic work environment. Excellent communication and organizational skills are re-quired. Title agent license is preferred. The firm offers a competitive salary, excellent benefits and a 401(k) plan.

Send your letter of interest, with resume demonstrating the above, three references and a salary requirement to Firm Manager, Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034 or e-mail to [email protected]. All correspondence will be held in the utmost confidence.

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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.

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MICHAEL B. SELIG, PLAINTIFF vs. RONALD R. ROTH, DEFENDANT

Motion for Summary Judgment—Defamation—Actual Malice—Public Figure—Perjury—Invasion of Privacy—False Light—

Intentional Infliction of Emotional Distress—Intentional Interference With a Contractual Relationship.

Plaintiff filed a complaint against Defendant as a result of comments Defendant made about Plaintiff at a public meeting before the North Whitehall Township Board of Supervisors—Defendant referred to Plaintiff as “an idiot” and “a liar.” Plaintiff ’s Complaint contained causes of action sounding in defamation, perjury, invasion of privacy, inten-tional infliction of emotional distress, and tortious and intentional interference. After the pleadings closed, Defendant filed a motion for summary judgment as to all counts.

The Court sustained Defendant’s motion and dismissed all counts. With respect to Plaintiff ’s claim for defamation, the Court concluded that Defendant’s opinion statements, which may have been offensive to Plaintiff, were not actionable in defamation. The Court also concluded that Pennsylvania does not recognize a civil cause of action for perjury. Third, the Plaintiff failed to offer any evidence in support of his claims that Defendant’s statements put him in a false light. Further, Plaintiff failed to offer any evidence that he suffered severe emotional distress as a result of Defendant’s comments. Finally, the Court treated Plaintiff ’s tortious and intentional interference claim as a claim for interference with a contractual relationship, and concluded that Plaintiff failed to carry his burden of proof insofar as Plaintiff failed to offer evidence of any contracts with third parties which were impacted as a result of Defendant’s statements.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Civil Division. File No. 2015-C-2175. Michael B. Selig, Plaintiff vs. Ronald R. Roth, Defendant.

Michael B. Selig, Pro Se.

JaMeS F. PreSton, eSquire, on behalf of Ronald Roth.

MEMORANDUM OPINION

reichley, J., July 18, 2016. This case is before the Court on the Amended Motion for Summary Judgment filed on May 20, 2016 by Ronald Roth, Defendant. Michael Selig, Plaintiff, filed a response on June 7, 2016 asking this Court to dismiss Defendant’s amended motion. Previously, on April 21, 2016, Plaintiff filed a Motion to Strike the Defendant’s original Motion for Summary Judgment. Plaintiff also filed a petition for sanctions against De-fendant’s counsel on April 26, 2016. For the reasons set forth herein, Plaintiff ’s Motion to Strike Defendant’s Motion for Sum-

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mary Judgment and Plaintiff ’s Petition for Sanctions are denied. Defendant’s Motion for Summary Judgment is granted.

FACTUAL AND PROCEDURAL HISTORY

On June 17, 2012, Plaintiff originally presented his request for a special exception to a township zoning ordinance to allow for the construction of a heliport on his property located at 5471 Route 309, North Whitehall Township, Lehigh County, Pennsylvania.1

On July 6, 2015, Defendant attended a meeting of the North Whitehall Township Board of Supervisors in order to challenge Plaintiff ’s request. Defendant and approximately thirty other residents appeared to request that the Supervisors consider chang-ing the zoning rules to outlaw helipad uses of the sort Plaintiff was requesting.

A Morning Call newspaper reporter and a videographer were present at the Board of Supervisors meeting. After the hearing, the Morning Call published an article about the meeting which included a one-minute-and-ten-second video clip showing Defen-dant addressing the Board. During his time addressing the Board, Defendant stated:

I’m asking would you like to live—I don’t think—I’d like to know how many people in the audience tonight, raise your hand, would like to have a heliport next door to you and have an idiot flying up and down and antagonizing you like he [Plaintiff ] did Ray Sloyer and I last August? How many people would like to have that? I don’t see one handful.

1 Plaintiff had a prior unsuccessful effort to obtain a special exception for heliport use in 2014. The special exception was denied at that time due to the fact that Plaintiff did not own the subject property. Selig v. Zoning Hearing Board of North Whitehall Township, 2014 WL 3586255 (Pa. Commw. 2014). Additionally, prior to his efforts in North Whitehall Township, Plaintiff had a series of cases in South Whitehall Township also involving his endeavor to install a helipad on his property. See Gail R. Selig v. South Whitehall Township Zoning Hearing Board and Township of South Whitehall, 910 C.D. 2007 (filed June 11, 2007); Michael B. Selig MD FACC v. South Whitehall Township Zoning Hearing Board and South Whitehall Township, 244 C.D. 2011 (filed December 9, 2011); Dr. Helicopters, LLC. v. South Whitehall Township, 1218 C.D. 2012 (filed January 30, 2013); Michael B. Selig, MD FACC and Dr. Helicopters, LLC v. South Whitehall Township and Maria Mul-lane, 1053 C.D. 2012 (filed October 25, 2012); Dr. Helicopters, LLC Principle, and Michael B. Selig MD, FACC v. South Whitehall Township, 1154 C.D. 2012 (filed March 27, 2013).

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How many people are here tonight on behalf of my recommendation? I’d like to see a show of hands on that please. That speaks for itself, gentlemen. The guy’s a liar.

North Whitehall Township Residents Push for Ban on Heliports, The Morning Call, http://www.mcall.com/news/local/parkland/mc-north-whitehall-0706-20150706-story.html (July 6, 2015).2

Three days later, on July 9, 2015, Plaintiff filed a Complaint alleging, inter alia, stalking, harassment, and defamation.3 Defen-dant filed preliminary objections to Plaintiff ’s Complaint, which were sustained in part and overruled in part by order dated Octo-ber 1, 2015.

Plaintiff filed an Amended Complaint on October 13, 2015. Defendant filed an Answer on January 7, 2016. A pretrial confer-ence was held on April 6, 2016. On the same day, Defendant filed a Motion for Summary Judgment. On April 21, 2016, Plaintiff filed a Motion to Strike Defendant’s Motion for Summary Judgment and subsequently filed a third Petition for Sanctions on April 26, 2016.4

The Court scheduled an oral argument on the summary judg-ment motion on May 13, 2016. At the oral argument, Plaintiff as-serted Defendant’s Motion for Summary Judgment addressed the issues raised in the original Complaint rather than the ones raised in the Amended Complaint. Defendant argued that Plaintiff ’s failure to file a brief in support of his Motion to Strike Defendant’s Motion for Summary Judgment precluded him from offering oral

2 Neither party has formally submitted the video as an exhibit, but both make express reference to the video in their respective motions and Plaintiff included the accompanying article as Exhibit P-1 to the Amended Complaint.

3 The same day, Plaintiff filed a Petition for Emergency Relief requesting a “restrain-ing order” to prohibit the Defendant from stalking or harassing Plaintiff, and to stay off Plaintiff ’s property. Plaintiff filed several similar petitions after that date, but due to pro-cedural noncompliance, the Court did not rule on their merits. The Court entered an order on September 22, 2015 finding that Plaintiff had not demonstrated the requisite elements for a preliminary injunction directing Defendant not to stalk or harass him. The September 22, 2015 order directed Defendant to refrain from trespassing on Plaintiff ’s property based on Defendant and his counsel’s acknowledgement without admission of liability that De-fendant had been present on Plaintiff ’s property.

4 Two prior petitions for sanctions were denied on November 2, 2015 and February 8, 2016.

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argument under the local rules because his motion was function-ally a cross-motion for summary judgment.5 Due to the reciprocal procedural missteps by the parties, the Court entered an order permitting the parties to file amended motions and briefs.

Defendant filed an Amended Motion for Summary Judgment on May 20, 2016. On June 7, 2016 Plaintiff filed a response to Defendant’s amended motion for summary judgment requesting that (1) Defendant’s motion for summary judgment be denied, (2) a restraining order be put into place prohibiting Defendant from being within 20 feet of Plaintiff, and (3) damages.

On June 29, 2016, the Court heard oral argument on Defen-dant’s summary judgment motion and Plaintiff ’s Motion to Strike Defendant’s Motion for Summary Judgment. At the close of the argument, the Court took the matter under advisement.

This opinion follows.

STANDARD OF REVIEW

Before the Court is a motion for summary judgment. The standard for summary judgment is well-established.

A court may grant a motion for summary judgment only when there is no genuine issue of material fact and the mov-ing party is entitled to judgment as a matter of law. Bronson v. Horn, 830 A.2d 1092 (Pa.Cmwlth.2003), aff ’d, 577 Pa. 653, 848 A.2d 917 (2004), cert. denied, 543 U.S. 944, 125 S.Ct. 369, 160 L.Ed.2d 257 (2004). The right to judgment must be clear and free from doubt. Id. In reviewing the granting of a motion for summary judgment, this Court must ‘view the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of mate-rial fact must be resolved against the moving party.’ Pappas v. Asbel, 564 Pa. 407, 418, 768 A.2d 1089, 1095 (2001).

Lambert v. Katz, 8 A.3d 409, 413 n.3 (Pa. Commw. 2010).

A party may move for entry of summary judgment based on the absence of evidence of record sufficient to establish a prima facie case. Pa. R.C.P. 1035.2 cmt.

5 Leh. R.C.P. 1035.

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DISCUSSION

In the instant case, the material facts surrounding the incident at the North Whitehall Township Supervisors’ Meeting are not in dispute. As such, this is a matter ripe for consideration at the sum-mary judgment stage because this case presents a question of law.

In the Amended Complaint, Plaintiff alleged five causes of action against Defendant: (1) defamation, (2) perjury, (3) invasion of privacy, (4) intentional infliction of emotional distress, and (5) tortious and intentional interference. The Court will address each of these in turn.

Defamation

Defamation is a common-law claim requiring the plaintiff to prove the following:

(1) the defamatory character of the communication; (2) its publication by the defendant; (3) its application to the plaintiff; (4) the understanding by the recipient of its de-famatory meaning; (5) the understanding by the recipient of it as intended to be applied to the plaintiff; (6) special harm resulting to the plaintiff from its publication; and (7) abuse of a conditionally privileged occasion.

Reed v. Pray, 53 A.3d 134, 140 (Pa. Commw. 2012) (quoting Bal-letta v. Spadoni, 47 A.3d 183 (Pa. Commw. 2012)).

In a defamation action initiated by a public official or a pub-lic figure, the plaintiff must aver and demonstrate that the defen-dant acted with “actual malice,” defined as knowledge or reckless disregard of the falsity of the objectionable statement. Smith v. Wagner, 403 Pa. Superior Ct. 316, 588 A.2d 1308 (1991) (citations omitted). A person is a “public official” or “public figure” in two circumstances. First, a person is classified as an “all purpose” pub-lic figure in instances where “an individual may achieve such pervasive fame or notoriety that he becomes a public figure for all purposes and in all contexts.” American Future Systems, Inc. v. Better Business Bureau of Eastern Pennsylvania, 592 Pa. 66, 96, 923 A.2d 389, 401 (2007) (quoting Gertz v. Robert Welch, Inc., 418 U.S. 323, 351, 94 S. Ct. 2997, 3013 (1974)). Second, an oth-

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erwise private individual may be a “limited purpose public figure,” which is “an individual who ‘voluntarily injects himself or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues.’ ” Id. (quoting Gertz, supra). In determining whether an individual is legally classified as a limited purpose public figure, courts must consider the “nature and extent of an individual’s participation in the particular controversy giving rise to the defamation.” Id. (quoting Gertz, supra at 352, 94 S. Ct. at 3013).

In order for a communication to be defamatory, it must be of such a character that it tends to harm the reputation of another such that it lowers that person in the estimation of the community or otherwise deters third persons from dealing with that individu-al. Krajewski v. Gusoff, 53 A.3d 793, 802 (Pa. Super. 2012) (citation omitted). A plaintiff has the burden of demonstrating that the statement is defamatory. Id.

Words which standing alone may reasonably be under-stood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable. Thus, we must consider the full context of the article to determine the effect the article is fairly calculated to produce, the im-pression it would naturally engender, in the minds of the average persons among whom it is intended to circulate.

It is not enough that the victim of the [statements] ... be embarrassed or annoyed, he must have suffered the kind of harm which grievously fractured his standing in the com-munity of respectable society.

Kurowski v. Burroughs, 994 A.2d 611, 617-18 (Pa. Super. 2010) (quoting Weber v. Lancaster Newspapers, Inc., 878 A.2d 63, 78 (Pa. Super. 2005)).

As a general rule, statements in the form of an opinion are only actionable where it may reasonably be understood to imply the existence of undisclosed defamatory facts justifying the opinion. Braig v. Field Communications, 310 Pa. Superior Ct. 569, 580-81, 456 A.2d 1366, 1372-73 (1983).

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Pennsylvania has adopted the Restatement (Second) of Torts in addressing the circumstances under which an opinion constitutes a defamatory communication. Id. at 580, 456 A.2d at 1372.

There are two kinds of expressions of opinion. The simple expression of opinion, or the pure type, occurs when the maker of the comment states the facts on which he bases his opinion of the plaintiff and then expresses a comment as to the plaintiff ’s conduct, qualifications or character. ... The second kind of expression of opinion, or the mixed type, is one which, while an opinion in form or context, is appar-ently based on facts regarding the plaintiff or his conduct that have not been stated by the defendant or assumed to exist by the parties to the communication. Here the expression of the opinion gives rise to the inference that there are undisclosed facts that justify the forming of the opinion expressed by the defendant ...

Id. at 580-81, 456 A.2d at 1372-73 (quoting Restatement (Second) of Torts §566 cmt. b).

In the case at bar, Plaintiff asserts Defendant’s reference to him as “an idiot” and “a liar” constituted the defamatory statements. These terms can fairly be interpreted as a matter of law to be ex-pressions of Defendant’s opinion of Plaintiff. The difficulty is that these two comments were contained in a brief video clip. The video does not indicate to a viewer whether it represents Defen-dant’s entire statement to the Board. More significantly, Plaintiff has not offered any evidence to explain the full context of the statements. Neither the Court nor a trier of fact could fairly evaluate whether these statements taken within their complete context were defamatory. Kurowski, supra (court must evaluate allegedly defamatory statements within the context in which they are made). Because Plaintiff has failed to prove that these state-ments were defamatory within their context, the Court finds that Plaintiff has not established a prima facie case for defamation.

Additionally, Pennsylvania law does not recognize certain statements as actionable in tort. As the Superior Court has ob-served, “statements which are merely annoying or embarrassing

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or ‘no more than rhetorical hyperbole’ or ‘a vigorous epithet’ are not defamatory.” Kryeski v. Schott Glass Technologies, Inc., 426 Pa. Superior Ct. 105, 116, 626 A.2d 595, 601 (1993) (quoting Red-ding v. Carlton, 233 Pa. Superior Ct. 136, 139, 296 A.2d 880, 881 (1972)). The Restatement (Second) of Torts discusses such state-ments as follows:

A certain amount of vulgar name-calling is frequently resorted to by angry people without any real intent to make a defamatory assertion, and it is properly understood by rea-sonable listeners to amount to nothing more. This is true particularly when it is obvious that the speaker has lost his temper and is merely giving vent to insult. Thus when, in the course of an altercation, the defendant loudly and angrily calls the plaintiff a bastard in the presence of others, he is ordinar-ily not reasonably to be understood as asserting the fact that the plaintiff is of illegitimate birth but only to be abusing him to his face. No action for defamation will lie in this case.

Restatement (Second) of Torts §566 cmt. e.

This comment is particularly applicable to the case at bar. Plaintiff ’s Exhibit P-5 attached to the Amended Complaint is a Morning Call article which states, “Exasperated with a repeat ap-plication for a heliport in North Whitehall Township, passionate residents Monday night didn’t mince words when calling for a ban for any future heliports or airfields.” (Amended Complaint, Ex-hibit P-5, at 1.) Defendant’s comments were made during a vehe-ment request to the North Whitehall Township Board of Supervi-sors asking them to enact an ordinance which would functionally ban Plaintiff ’s ongoing efforts to obtain approval for the installation of a helipad on his property. The terms “idiot” and “liar” were vi-tuperative comments Defendant made as reflected on the Morn-ing Call video but do not appear in any article printed in the Morning Call related to the supervisors meeting. While these terms may be offensive to Plaintiff, they are not actionable in defamation. See e.g., Beverly Enterprises, Inc. v. Trump, 182 F.3d 183, 187 (3d Cir. 1999) (defendant’s exclamation that “you people at Bev-erly are all criminals” not actionable in tort because it was hyper-bole intended to be offensive, but not to defame).

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The Court observes that even if Defendant’s statements about Plaintiff were defamatory, Plaintiff has nonetheless failed to estab-lish a prima facie case for defamation for three additional reasons. First, Defendant asserted in his Motion for Summary Judgment that the statements were protected by a conditional privilege. Where defamatory statements are published subject to privilege and that privilege was not abused, the publisher of the statements is not liable. Moore v. Cobb-Nettleton, 889 A.2d 1262, 1268 (Pa. Super. 2005) (citing Restatement of the Law (Second) of Torts §593). A conditional privilege exists where a recognized interest of the public is involved. Id. (citing American Future Systems, Inc. v. Better Business Bureau of Eastern Pennsylvania, 872 A.2d 1202, 1210 (Pa. Super. 2005)). “Communications which are made on a proper occasion, from a proper motive, in a proper manner, and which are based upon reasonable cause are privileged.” Id. (citing Miketic v. Baron, 450 Pa. Superior Ct. 91, 675 A.2d 324, 329 (1996)). Second, when communications are made under a condi-tional privilege, a defamation plaintiff must present evidence to demonstrate the defendant abused that privilege by showing the statements were “actuated by malice or negligence,” were made for a purpose other than for which the privilege is recognized, or made “to a person not reasonably believed to be necessary for the accomplishment of the purpose of the privilege,” or included “de-famatory matter not reasonably believed to be necessary for the accomplishment of that purpose.” Miketic v. Baron, 450 Pa. Su-perior Ct. 91, 102, 675 A.2d 324, 329 (1996) (quoting Beckman v. Dunn, 276 Pa. Superior Ct. 527, 536, 419 A.2d 583, 588 (1980)).

The statements Defendant made in this case were spoken during a public meeting before the North Whitehall Township Board of Supervisors. The meeting pertained to Plaintiff ’s request to the North Whitehall Township Zoning Hearing Board for a special exception to permit him to construct a helipad on his prop-erty. As Defendant noted in his Motion for Summary Judgment, Defendant’s statements referenced Plaintiff ’s series of requests to the Board, and were part of an effort to block Plaintiff ’s continued efforts to install a helipad. Accordingly, the comments were made during the course of a proper effort to appeal to local lawmakers

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to take action. Defendant’s statements were uttered within the scope of objecting to Plaintiff seeking a variance to install a helipad. Plaintiff did not offer any evidence that the statements were made with actual malice or negligence, and as noted above, the state-ments were not actionable as defamatory comments. See Beverly Enterprises, Inc., supra at 187. Accordingly, while the Court finds that the statements were not actionable on their face, the Court also observes that Defendant was speaking under a conditional privilege. The colorful verbiage Defendant employed in describing Plaintiff was insulting, but cannot be construed as defamatory in a legal sense.

The Court notes that in addition to Plaintiff ’s failure to prove the statements were defamatory, Plaintiff has also failed to prove recoverable damages. As noted above, a plaintiff in a defamation action must demonstrate special damages he or she incurred relat-ing to the communication of the statement. Pray, supra. “Special damages” refers to actual pecuniary harm beyond the tarnishing of one’s reputation. “The term ‘special damages’ is defined as ‘ac-tual economic harm’ or ‘pecuniary loss.’ ” Pilchesky v. Gatelli, 12 A.3d 430, 444 (Pa. Super. 2011) (quoting Brinich v. Jencka, 757 A.2d 388, 397 (Pa. Super. 2000)). Every defamation plaintiff is required to prove “actual harm.” Id. (quoting Gertz v. Robert Welch, Inc., supra). “Pecuniary loss is not the only, or even the most significant harm resulting from defamation. Injury to reputa-tion, impairment of standing in the community, personal humili-ation and mental anguish are types of actual harm ‘not limited to out-of-pocket loss’ compensable for defamation.” Id.

Plaintiff asserted at oral argument that he suffered losses in the nature of a decline in the number of patients he has been see-ing as a cardiologist. However, Plaintiff acknowledged he did not have any evidence linking the drop in patients to Defendant’s statements. Plaintiff claimed he has suffered harm to his reputa-tion, but he failed to offer any evidence to substantiate that asser-tion. During the preceding year, he did not depose anyone who, for example, was a patient treating under Plaintiff but left his practice because Defendant made derogatory remarks about

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Plaintiff. Plaintiff has failed to present any evidence of actual harm or cognizable damages beyond unsupported assertions of harm. Accordingly, even if Defendant’s remarks were defamatory as a matter of law, Plaintiff would nonetheless be unable to recover due to the lack of evidence of harm. Accordingly, Defendant’s Motion for Summary Judgment with respect to Count I for Defa-mation is granted.

Perjury

Plaintiff ’s Count II is a claim for perjury. In his Motion for Summary Judgment, Defendant asserts that Pennsylvania does not recognize a civil cause of action for perjury. Defendant is correct in this assertion. Ginsburg v. Halpern, 383 Pa. 178, 180, 118 A.2d 201, 202 (1955) (“[T]here is no civil action for perjury ... . The courts have uniformly held that where [allegations of perjury] have been made ... they do not constitute a cause of action.”). As such, summary judgment is granted as to Count II of Plaintiff ’s Amend-ed Complaint.

Invasion of Privacy

Plaintiff ’s Count III is titled “Invasion of Privacy.” As Defen-dant argues in his Motion for Summary Judgment, “invasion of privacy” is a “method” of defamation as opposed to its own recog-nized cause of action. Cogley v. Duncan, 32 A.3d 1288, 1289 n.1 (Pa. Super. 2011). The “tort” of invasion of privacy is a blanket reference to four distinct actions: (1) unreasonable intrusion upon another person’s seclusion, (2) appropriation of another’s image or likeness, (3) unreasonably publicizing another person’s private life, and (4) publicity that unreasonably places another in a false light before the public. Curran v. Children’s Service Center of Wyoming County, Inc., 396 Pa. Superior Ct. 29, 38, 578 A.2d 8, 12 (1990) (citing Restatement (Second) of Torts §652A).

In Plaintiff ’s Amended Complaint, Plaintiff alleges Defendant “has unlawfully casted Plaintiff in a false light” and “there was a false light invasion of privacy when defendants’ (sic) actions placed plaintiff in false light by falsely claiming fraud that never occurred.” (Amended Complaint ¶¶103-104.) Under the “false light” theory

25

Selig vs. Roth466

Lehigh 7-17 op

of invasion of privacy, Pennsylvania courts have adopted the Re-statement (Second) of Torts and define the cause of action as fol-lows:

One who gives publicity to a matter concerning an-other that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if

(a) the false light in which the other was placed would be highly offensive to a reasonable person, and

(b) the actor had knowledge of or acted in reckless dis-regard as to the falsity of the publicized matter and the false light in which the other would be placed.

Id. at 38-39, 578 A.2d at 12 (quoting Restatement (Second) of Torts §652E).

The false light invasion of privacy tort

applies only when the publicity given to the plaintiff has placed him in a false light before the public, of a kind that would be highly offensive to a reasonable person. In other words, it applies only when the defendant knows that the plaintiff, as a reasonable man, would be justified in the eyes of the community in feeling seriously offended and aggrieved by the publicity. ... It is only when there is such a major mis-representation of his character, history, activities or beliefs that serious offense may reasonably be expected to be taken by a reasonable man in his position, that there is a cause of action for invasion of privacy.

Id. at 39-40, 578 A.2d at 12-13 (quoting Restatement (Second) of Torts §652E, cmt. c).

The Restatement goes on to explain that:

[A] plaintiff ’s privacy is not invaded when ... unimport-ant false statements are made, even when they are made deliberately. It is only when there is such a major misrepre-sentation of his character, history, activities or beliefs that

26

NewsLine ______________April 28, 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 is SOLD OUT!

Thank you to our sponsor for making this event possible

NewsLine 3

YOUNG LAWYERS DIVISION HAPPY HOUR

2017 SPRING PUB CRAWL

DOWNTOWN BETHLEHEM

Wednesday, May 17th at 5:30pm YAT- Young Advisor Team

YLD- Young Lawyer Division

A night of crawling in downtown Bethlehem- grab your friends and co-workers for a fun night of networking and mingling with drinks and/or appetizers at each stop.

Register at www.naifalv.org before the event

$10 cover charge

Registration at Edge – 5:30pm-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 9pm for appetizers, door prize

giveaways, raffle winners and more fun.

NewsLine 4

CLE on Wheels to New York City on Monday, June 12th

911 Memorial/Museum with One World Observatory option

9:00 AM: Board the Bus at BALC 11:00 AM: Arrival at the 911 Memorial with reserved entry

into the Museum

You have the option to visit One World Observatory with timed group entrance at 2:00 PM for an additional cost of $30.00 per person / minimum of 20 required for group admission.

Cost of $85.00 per person includes 1 CLE Ethics Credit en route to New York; Bus transportation; Reserved admission to the 911 Museum; Services of a professional travel guide and driver gratuity.

Cost of $115.00 per person includes 1 CLE Ethics Credit en route to New York; Bus transportation; Reserved admission to 911 Museum; Entrance to One World Observatory; 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 is nothing quite like it, anywhere.

For more details go to: oneworldobservatory.com/information/

Cost of $60.00 per person: Bus Only Option which includes 1 CLE Ethics Credit en route to New York and NO admissions

Please Reserve your seat by June 7th: Call Nancy 610.433.6401 Ext: 16 or

E-mail: [email protected]

NewsLine 5

SAVE THE DATE: Annual Picnic

The Annual Bar Association Picnic and Golf Outing will be held on 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.

Schedule of Events is as follows: 9:00AM Softball Game warm-up

9:30AM Softball Game 10:00AM Driving Range opens

10:30AM Brunch is served on the Terrace 12:00PM Shotgun Start for Golf

1:00PM Tennis Clinic 1:00PM Bridge Tournament

5:00PM Cocktail Hour 6:00PM Buffet Dinner All Day: Swimming

*all activities & schedule subject to change due to participation*

Start working on your Golf Foursomes. Registration opens soon!

NewsLine 6

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 7

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 8

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 9

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 10

[__] 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: ____________

CLE UPDATE for the week of: April 28, 2017

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


CLE Update 2


“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 3

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 4

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

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 5


“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 6


“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 7


“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.




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 8

Barristers’ Inn Banquet Special Event Wednesday, May 10, 2017

Barristers’ Club Registration and Cocktails: 5:00 PM

Buffet Dinner: 5:30 PM Special Program: 6:00 PM – 7:00 PM

“INN-PUT: WITH THE JUDGES OF LEHIGH COUNTY

COURT OF COMMON PLEAS”

In June 2017, Lehigh County Judges will convene, as they did ten years ago, for a private retreat to evaluate, and if appropriate, make changes to the court to improve the administration of justice. To that end, the May 10, 2017 Barristers’ Inn banquet meeting will provide all lawyers of the Bar Association of Lehigh County with the opportunity for input to the Court. The court has selected this special date and encourages all to attend, and to offer comments, observations, and suggestions about the local court system, with a view to improvement. Your comments, observations or suggestions may also be mailed or e-mailed to President Judge Edward D. Reibman [email protected].

This special session of the Barristers’ Inn is open to all. Non-Inn members need to RSVP no later than:

Monday, May 8, 2017 Nancy Devers: [email protected]

Phone: 610.433.6401 Ext: 16 Dinner for non-Inn members: $25.00

Optional 1 Substantive CLE Credit: $25.00

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 9


“Naloxone: The Science and Laws behind the Opioid Antidote”

Presented by: Allison Muller, Pharm.D Friday, May 12, 2017

There is no question that opioid overdose is a rising public health problem. There is much experience with the use of naloxone, a prescription opioid antagonist, by paramedics and emergency medicine physicians to safely reverse opioid toxicity. This session will review opioid toxicity, the public health implications of opioid overdose, the science behind naloxone, the growing interest in state’s allowing community naloxone distribution, the status of legal barriers to increase naloxone access to opioid users and third parties, and the role of the Good Samaritan Law in naloxone community use.

Dr. Allison Muller is a board-certified Pharm.D toxicologist with over 20 years’ experience in the field of clinical toxicology. After an almost 20 year career leading the Poison Control Center at The Children’s Hospital of Philadelphia, which included consulting on toxicology cases from 21 counties in Pennsylvania and Delaware, Dr. Muller is presently an independent consultant who specializes in medical communications and providing expert witness testimony (trial testimony and reports for depositions/arbitrations hearings) on cases such as: alcohol or drug-related motor vehicle accidents, carbon monoxide exposures, chemical exposures (such as occupational-related exposures), environmental issues (such as pesticides, herbicides), medication errors, poisonings (accidental and intentional), and pharmaceutical product liability.




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 10

PBI Group Cast Seminar “Internet Law Update - 2017”

Monday, May 15, 2017

FIND OUT HOW THE INTERNET AFFECTS BUSINESS AND LEGAL ISSUES

Get the practical information you crave on the effect of the Web on business and legal issues. For 20 years, this annual course has provided updates of hot topics in internet law such as changes to IP protection and issues raised by social media. As part of the anniversary celebration, this year will include discussions of both the history of the Internet and its future direction including the impact of the Internet of Things (IOT) and block chain technologies.

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 4:15 PM

Boxed lunch included with tuition 6 Substantive Credits; Tuition: $279.00 To Register Call PBI @ 1.800.932.4637


“Do I Have an Automotive Product Liability Case?” Presented by: Mr. Frank Costanzo

Friday, May 19, 2017 This one-hour Lunch & Learn format program will demonstrate by case examples how to determine if you have a viable automotive product liability case in the following areas:

Air bag failures; Seat belt failures Seat back failures; Child seat failures Crash worthiness; Tire failures

Accident expert and frequent guest speaker, Mr. Frank Costanzo is the owner of Accident Cause and Analysis located in Chester County, Pennsylvania. He formerly worked with the National Highway Traffic Safety Administration (NHTSA) and Federal Department of Transportation for 10 years as a Senior Collision Investigator. For the past twenty + years he has owned ACA. Mr. Costanzo is a Traffic Accident Reconstructionist Specialist expert with over 2000 full-scale collision investigations, reconstructions and component defect evaluations. Certified court expert with over 30 years’ experience in collision reconstruction, defect investigations, biomechanical analysis, and injury causation studies.




CLE Update 11


“Lehigh County Arbitration Issues and Procedures” Presented by: James Huber, Esq., Toni Dries &

Melissa Redline Tuesday, May 23, 2017

A panel of experienced administrators and arbitration chairpersons will discuss several recurring issues concerning the Lehigh County arbitration process. Topics will include management of pleadings, rules and requirements governing submission and admission of evidence, administrative matters, and pro se litigants. There will be a question and answer segment at the end to address any questions you may have.




PBI Group Cast Seminar “Winning at Trial”

Wednesday, May 24, 2017 Best-selling and award-winning author D. Shane Read comes to Pennsylvania with a unique program that provides innovative trial strategies that can immediately improve your practice. From years of courtroom and teaching experience across the country, he is an expert who clearly, concisely, and memorably teaches litigation techniques that work every time. Join Shane as he uses the transcripts and videos of famous trials to demonstrate well-executed (and some not so well-executed) trial techniques that you can employ in your practice.

5 Reasons to Make This Your Indispensable Guide to Succeeding at Trial:

Deliver opening statements that win every time Conduct direct examinations that tell your story -why you

don’t want to let your witness do all of the talking Succeed on cross by keeping it simple, powerful and

captivating Defeat the expert at trial Deliver a persuasive and memorable closing

Registration and Breakfast: 8:00 AM

Seminar: 8:30 AM – 3:30 PM Boxed lunch included with tuition 5.5 Substantive & .5 Ethics Credits

Tuition: $299.00 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.

[ ] 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: “Lehigh County Arbitration Issues and Procedures” 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

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: ________________________________________________

NewsLine 12

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 13

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 14

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 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 Spring Pub Crawl in Historic Bethlehem

May 18: Board Meeting 4:30pm

May 22: LVCPO Event 4:30pm

May 29: BALC Office Closed

May 30: LCPA Luncheon 12pm

June

June 1: Finance Committee Meeting 12pm

June 12: CLE on wheels to New York City

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

NewsLine 18

NOTES

NewsLine 19

NOTES

NewsLine 20

NOTES

Selig vs. Roth 467

Lehigh 7-17 op

serious offense may reasonably be expected to be taken by a reasonable man in his position, that there is a cause of action for invasion of privacy.

Restatement (Second) of Torts §523E, cmt. c.

In this case, Plaintiff has failed to offer any evidence in sup-port of his claims Defendant’s statements put Plaintiff in a false light. First, Defendant made the statements at issue during a public meeting attended by approximately thirty individuals. There is not any evidence that Defendant engaged in the widespread publication of these statements; to the contrary, the event was publicized by reporters for local news outlets and Plaintiff has not demonstrated a connection between the reporters and Defendant.

Additionally, as Defendant established through his Motion for Summary Judgment, there is not any evidence showing a direct link between Defendant’s statements labeling Plaintiff as an “idiot” and a “liar” and an impact upon Plaintiff ’s perception in the eyes of the community. Plaintiff has not offered any evidence to estab-lish that the name-calling placed him in a false light, nor has he offered evidence that Defendant knew Plaintiff would be reason-ably justified in the eyes of the community in feeling seriously offended and aggrieved by these statements. The facts in the within matter are not of the nature that the invasion of privacy tort recognized in Pennsylvania contemplates as actionable. See e.g., Richette v. Philadelphia Magazine, 1996 WL 756954, at *2 (Phila. County 1996) (statements published in a magazine referring to judge as “an emotional wreck,” “always in a world of confusion,” and “throwing a minor hissy fit,” while unflattering and annoying comments, were “opinions that hardly constitute a major misrep-resentation of [the judge’s] character or activities such that she may reasonably be expected to take offense” and did not constitute invasion of privacy under false light theory). Consequently, sum-mary judgment is granted as to Count III.

Intentional Infliction of Emotional Distress

To prove intentional infliction of emotional distress, Plaintiff must show that Defendant, (i) by extreme and outrageous conduct (ii) intentionally or recklessly caused (iii) severe emotional distress

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Lehigh 7-17 op

to Plaintiff. Taylor v. Albert Einstein Medical Center, 562 Pa. 176, 180, 754 A.2d 650, 652 (2000) (citing Restatement (Second) of Torts §46). Pennsylvania courts have circumscribed the availabil-ity of recovery under this tort, providing in relevant part:

[L]iability clearly does not extend to mere insults, in-dignities, threats, annoyances, petty oppressions, or other trivialities. The rough edges of our society are still in need of a good deal of filing down, and in the meantime plaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate and unkind. There is no oc-casion for the law to intervene in every case where some one’s [sic] feelings are hurt.

Kazatsky v. King David Memorial Park, Inc., 515 Pa. 183, 191, 527 A.2d 988, 991-92 (1987) (quoting Restatement (Second) of Torts §46 cmt. d).

Plaintiff ’s Amended Complaint and any supporting evidence does not establish a cause of action for intentional infliction of emotional distress. At best, Plaintiff has demonstrated that Defen-dant intentionally insulted him in front of a crowd of people. The nature of Defendant’s comments falls within the purview of the conduct excluded from liability by the Pennsylvania Supreme Court. It is not, as Plaintiff avers, extreme or outrageous. See id. at 191, 527 A.2d at 991 (quoting Restatement (Second) of Torts §46 cmt. d (“Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”)).

Additionally, Plaintiff has not offered any proof to support that he suffered “severe emotional distress.” The longstanding rule in Pennsylvania is known as the “impact rule,” which bars recovery for fright, nervous shock, and mental or emotional distress unless it is accompanied by “a physical injury or impact upon the com-plaining party.” Id. at 191, 527 A.2d at 992 (citations omitted). Plaintiff has not presented a psychiatric or psychological evaluation or medical examination or report evidencing the alleged emo-

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Lehigh 7-17 op

tional distress he has suffered. The only support Plaintiff offered for his claim for intentional infliction of emotional distress is his unsubstantiated allegation that he has suffered from sleep depriva-tion and other physical manifestations of distress. However, with-out evidence in support of these assertions, they are insufficient to overcome Defendant’s Motion for Summary Judgment. “[P]arties seeking to avoid the entry of summary judgment against them may not rest upon the averments contained in their pleadings. On the contrary, they are required to show, by depositions, answers to interrogatories, admissions or affidavits, that there is a genuine issue for trial.” Washington Federal Savings and Loan Association v. Stein, 357 Pa. Superior Ct. 286, 289, 515 A.2d 980, 981 (1986) (citing Pa. R.C.P. 1035(d)). Accordingly, summary judgment as to Count IV is granted.

Tortious and Intentional Interference

Plaintiff ’s final count is labeled “Tortious and Intentional Interference.” In Defendant’s Motion for Summary Judgment, Defendant accurately notes that there is no tort recognized in Pennsylvania law for “tortious and intentional interference.” Plain-tiff ’s Amended Complaint avers that Defendant interfered with Plaintiff ’s plans to move his helicopter business to North Whitehall Township. The closest tort to these facts is intentional interference with a contractual relationship.

Interference with a contractual relationship is a tort whereby a party inducing a third person to not enter into or continue a busi-ness relation with another party. Glenn v. Point Park College, 441 Pa. 474, 477, 272 A.2d 895, 897 (1971). There are four requisite elements:

(1) the existence of a contractual relationship between the complainant and a third party; (2) an intent on the part of the defendant to harm the plaintiff by interfering with that contractual relationship; (3) the absence of privilege or jus-tification on the part of the defendant; and (4) the occasion-ing of actual damage as a result of defendant’s conduct.

Walnut Street Associates, Inc. v. Brokerage Concepts, Inc., 982 A.2d 94, 98 (Pa. Super. 2009) (citations omitted).

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Selig vs. Roth470

Lehigh 7-17 op

In this case, Plaintiff has failed to establish any of the neces-sary elements for intentional interference with prospective con-tractual relations. Plaintiff has neither pled nor proven the existence of a contractual relationship between himself and a third party. His sole allegations in the Amended Complaint aver that Defendant has interfered with Plaintiff ’s business plan to move his helicopter business to North Whitehall Township. Plaintiff has not identified any third parties with whom he had a contractual relationship.

Plaintiff also failed to present any evidence that Defendant’s purpose or intent was to harm Plaintiff by preventing certain busi-ness relationships from occurring when he spoke in front of the Board of Supervisors. Defendant was operating under a privilege because he was seeking a legal remedy to Plaintiff ’s ongoing efforts to obtain approval for a helipad on his property. See Bahleda v. Hankison Corporation, 228 Pa. Superior Ct. 153, 156, 323 A.2d 121, 123 (1974) (quoting Restatement (Second) of Torts §773) (one is privileged where the person, in good faith, asserts “a le-gally protected interest of his own which he believes may otherwise be impaired or destroyed by the performance of the contract of transaction.”).

Lastly, Plaintiff has not offered any evidence of actual dam-age. He relies on his unsubstantiated averments that Defendant’s efforts to prevent him from installing a helipad will adversely impact his business plan.

Consequently, Plaintiff has failed to offer any evidence to support a cause of action for intentional interference with existing or prospective contractual relations. Accordingly, summary judg-ment is granted as to Count V.

Plaintiff ’s Motion to Strike Defendant’s Amended Motion for Summary Judgment and for Sanctions

The Court will briefly address Plaintiff ’s Motion to Strike Defendant’s Motion for Summary Judgment and Third Petition for Sanctions. The Motion to Strike Defendant’s Motion for Sum-mary Judgment is denied because the Court expressly granted Defendant the opportunity to file this motion by order dated May 13, 2016. The request for sanctions is also denied.

30

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Lehigh 7-17 op

Plaintiff avers that Defendant and defense counsel have engaged in numerous ethical violations, all of which is belied by the record.6

CONCLUSION

Because Defendant has demonstrated there is not any evi-dence to support Plaintiff ’s causes of action in his Amended Com-plaint, the Court finds that there is not a genuine issue of mate-rial fact and summary judgment is therefore appropriate. Defendant’s Motion for Summary Judgment is GRANTED as to all counts of Plaintiff ’s Amended Complaint and the within matter is DISMISSED WITH PREJUDICE.

ORDER

AND NOW, this 18th day of July, 2016, upon consideration of Defendant’s Amended Motion for Summary Judgment, filed May 20, 2016, and Plaintiff ’s Motion to Strike Defendant’s Motion for Summary Judgment and for Sanctions, filed June 7, 2016, and after argument heard June 29, 2016, at which Defendant was pres-ent and represented by James F. Preston, Esq., and Plaintiff was present pro se,

IT IS ORDERED Defendant’s Amended Motion for Sum-mary Judgment is GRANTED. Judgment is granted in favor of Defendant, Ronald R. Roth, and against Plaintiff, Michael B. Selig. The within matter is DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED Plaintiff ’s Motion to Strike Defendant’s Motion for Summary Judgment and for Sanctions is DENIED and DISMISSED WITH PREJUDICE.

6 For example, Plaintiff takes issue with averments in Defendant’s Answer to the Amended Complaint indicating photographic evidence exists that Plaintiff has unlawfully used his property as a helipad. (Answer ¶94.) This is merely an averment in a pleading and does not justify any imposition of sanctions. Plaintiff misconstrues allegations in pleadings as factual assertions.

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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 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

Bitterlich, Helen M., dec’d.Late of Bethlehem. Administratrix C.T.A.: Autumn Dawn Bitterlich c/o William J. Fries, Esquire, The Atrium—Suite 106, 2895 Hamilton Boul-evard, Allentown, PA 18104.Attorney: William J. Fries, Es-quire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Al-lentown, PA 18104.

Bitterlich, Helen M., dec’d.Late of Bethlehem. The Bitterlich Family Revocable Living Trust Agreement, dated May 27, 1999, as Amended February 12, 2009. Trustee: Autumn Bitterlich c/o William J. Fries, Esquire, The Atrium—Suite 106, 2895 Ham-ilton Boulevard, Allentown, PA 18104.Attorney: William J. Fries, Es-quire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Al-lentown, PA 18104.

Bower, Dale F., dec’d.Late of Weisenberg Township. Executor: Steve E. Bower c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Crouthamel, Beatrice M., dec’d.Late of Allentown. The Crouthamel Family Trust, by Declaration of Trust dated August 22, 1989, as amended September 18, 1992 and Au-gust 24, 2010.Trustee: David T. Crouthamel c/o William J. Fries, Esquire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Allentown, PA 18104.Attorney: William J. Fries, Es-quire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Al-lentown, PA 18104.

Hohenshilt, Steven Ford a/k/a Steven Hohenshilt, dec’d.Late of Lower Macungie. Administrator C.T.A.: David Edward Hohenshilt a/k/a Da-vid E. Hohenshilt c/o Sandor Engel, Esquire, 825 N. Twelfth Street, Allentown, PA 18102.Attorney: Sandor Engel, Es-quire, 825 N. Twelfth Street, Allentown, PA 18102.

Hornberger, Sandra L., dec’d.Late of Allentown. Executor: Robert S. Hornberger a/k/a Robert Hornberger c/o Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

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Attorneys: Sarah M. Andrew, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Kauffman, Warren E. a/k/a War-ren Kauffman, dec’d.Late of Allentown. Executrix: Sandra Yocum, 2515 S. Church St., Allentown, PA 18103.Attorney: John R. K. Solt, Es-quire, 2045 Westgate Dr., Suite 404B, Bethlehem, PA 18017.

Lazenka-Crouse, Elizabeth J. a/k/a Betty J. Crouse a/k/a Elizabeth J. Crouse, dec’d.Late of Whitehall. Executrix: Judith A. Murphy a/k/a Judy A. Murphy c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Morecz, Mary M., dec’d.Late of Bethlehem City. Executors: Judith A. Simpson and Richard S. Morecz c/o Ed-ward H. Butz, Esq.,7535 Wind-sor Drive, Suite 200, Allentown, PA 18195-1014.Attorney: Edward H. Butz, Esq.,7535 Windsor Drive, Suite 200, Allentown, PA 18195-1014.

Nelson, Harry V., Sr. a/k/a Harry V. Nelson, dec’d.Late of Coopersburg.Executrix: Michelle C. Romig, 2106 Thompson Rd., Coopers-burg, PA 18036.

Quaglio, Jean M., dec’d.Late of 2805 W. South St., Al-lentown.Executor: Gregory G. Quaglio, 1203 Rock Lake Rd., Lakewood, PA 18439.

Rabert, Dorothy A., dec’d.Late of North Whitehall Town-ship. Executrix: Ruth K. Ensley.Attorneys: Robert M. Knauer, Esquire, Knauer & Davenport, 143 North Eighth St., Allen-town, PA 18101.

Shunk, Ruth S. a/k/a Ruth E. Shunk a/k/a Ruth Singley Shunk, dec’d.Late of 1942 S. Law Street, Al-lentown. Executrix: Carol Flanagan, 2122 Walbert Avenue, Allen-town, PA 18104.Attorneys: Joshua D. Shulman, Esquire, Shulman & Shabbick, 1935 Center Street, Northamp-ton, PA 18067.

Sine, Joyce E. a/k/a Joyce Elizabeth Sine, dec’d.Late of Whitehall Borough. Executrices: Judith Hagenbuch and Christine Gilmore c/o Christopher P. Mullaney, Es-quire, 598 Main Street, P.O. Box 24, Red Hill, PA 18076-0024.Attorney: Christopher P. Mul-laney, Esquire, 598 Main Street, P.O. Box 24, Red Hill, PA 18076-0024.

Smith, Kermit S., dec’d.Late of Mertztown. Executor: Stanley K. Smith c/o Robert Long, Esquire, 1908 Al-len Street, Allentown, PA 18104.Attorney: Robert Long, Esquire, 1908 Allen Street, Allentown, PA 18104.

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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

Smith, Rose M. a/k/a Rose Ma-rie Smith, dec’d.Late of Allentown. Executrix: Joan Marie McClarin c/o Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018.Attorneys: Lisa A. Pereira, Es-quire, Broughal & DeVito, L.L.P., 38 West Market Street, Bethlehem, PA 18018.

Weller, Henry H., Sr., dec’d.Late of Allentown. Executor: Ricky A. Weller c/o Jessica R. Grater, Esquire, Wolf, Baldwin & Assoc., P.O. Box 444, Pottstown, PA 19464.Attorneys: Jessica R. Grater, Esquire, Wolf, Baldwin & As-soc., P.O. Box 444, Pottstown, PA 19464.

SECOND 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,

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

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LEHIGH LAW JOURNAL

Attorney: Craig B. Neely, Esq., 209 Main Street, Emmaus, PA 18049.

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.

THIRD PUBLICATION

Dominguez, Francisco, dec’d.Late of Allentown.

Executrix: Zelena A. Sierra c/o Lisa A. Pereira, Esquire, Broughal & DeVito, L.L.P., 38 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 &

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LEHIGH LAW JOURNAL

Littner, 512 North New Street, Bethlehem, PA 18018.

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.

INDIVIDUAL FICTITIOUS NAME NOTICE

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

Name: OUTLAW TRADING COM-PANY with its principal place of busi-ness at: 620 State Avenue, Emmaus, Lehigh County, Pennsylvania.

The name of the person owning or interested in said business is: Lori J. Altieri.HOLZINGER, HARAK & SCOMILLIO1216 Linden StreetP.O. Box 1409Bethlehem, PA 18016

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LIMITED LIABILITY COMPANY AND FICTITIOUS NAME NOTICES

NOTICE IS HEREBY GIVEN that on April 14, 2017, a Certificate of Organization for a Domestic Limited Liability Company was filed with the Department of State, Commonwealth of Pennsylvania, at Harrisburg, Penn-sylvania, pursuant to provisions of the Limited Liability Company Act of 1994, P.L. 703, No. 10654, for:

KHALEESI, LLCunder the assumed or fictitious name, style or designation of:

BUTTERFLY KISSES with its principal place of business at: 2603 Spring Street, Coplay, PA 18037.JOSEPH C. BERNSTEIN, ESQ.523 West Linden StreetAllentown, PA 18101

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LIMITED LIABILITY COMPANY NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, pursuant to the provisions of the Limited Liability Company Law of the Commonwealth of Pennsylvania, Act of December 7, 1994, as amend-ed, by the following company:

NEAL EQUIPMENT, LLCThe Certificate of Organization

was filed on March 30, 2017, to be effective April 1, 2017.REBECCA M. YOUNG, ESQ. LIA K. SNYDER, ESQ.YOUNG & YOUNG119 E. Main StreetMacungie, PA 18062

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LIMITED LIABILITY COMPANY NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department

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LEHIGH LAW JOURNALof State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, pursuant to the provisions of the Limited Liability Company Law of the Commonwealth of Pennsylvania, Act of December 7, 1994 (P.L. 703, No. 106), by the following company: MERCHANT & ASSOCIATES, LLC

The Certificate of Organization was filed on April 10, 2017.MICHAEL IRA STUMP, ESQ. 207 East Main StreetSuite 100Macungie, PA 18062

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CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2017-C-1185

NOTICE IS HEREBY GIVEN that on April 18, 2017, the Petition of David Lynn Bruce for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from David Lynn Bruce to Danielle Lynne Bruce.

The Court has fixed June 16, 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.

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Civil Action—Law————

NOTICE IS HEREBY GIVEN that the Petition of Roger J. Dunn for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Peti-tioner from Roger J. Dunn to Kiki Dunn.

All persons interested in the pro-posed 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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Civil Action—Law

NO. 2017-C-1203

NOTICE IS HEREBY GIVEN that on April 20, 2017, the Petition of Marion Beranek-Henriksen for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Marion Beranek-Henriksen to Marion Henriksen.

The Court has fixed June 16, 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.

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NOTICE IS HEREBY GIVEN that on April 18, 2017, the Petition of Charlie Dao for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Charlie Dao to Charlie Le.


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39

LEHIGH LAW JOURNALCHANGE OF NAME NOTICE



NOTICE IS HEREBY GIVEN that on April 18, 2017, the Petition of Sophia Dao for a Change of Name has been filed in the above named Court, praying for a Decree to change the name of Petitioner from Sophia Dao to Sophia Le.


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NOTICE OF ACTION IN MORTGAGE FORECLOSURE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Action—Law

No. 2017-C-0585

WELLS FARGO BANK, N.A. s/b/m TO WACHOVIA BANK,

NATIONAL ASSOCIATIONPlaintiff

vs.UNKNOWN HEIRS, SUCCESSORS,

ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS

CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER

PHILIP G. LEVAN a/k/a PHILIP G. LE VAN, DECEASED

Defendant

NOTICE

To: UNKNOWN HEIRS, SUCCES-SORS, ASSIGNS AND ALL PER-SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN-TEREST FROM OR UNDER PHIL-IP G. LEVAN a/k/a PHILIP G. LE VAN, DECEASEDYou are hereby notified that on

February 24, 2017, Plaintiff, WELLS

FARGO BANK, N.A. s/b/m TO WA-CHOVIA BANK, NATIONAL ASSO-CIATION, filed a Mortgage Foreclo-sure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of LEHIGH County, Pennsylvania, docketed to No. 2017-C-0585. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 2443 WEST LIBERTY STREET, AL-LENTOWN, PA 18104-4960 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.

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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LEHIGH LAW JOURNAL

SHERIFF’S SALE OF VALUABLE REAL ESTATE

———the following Real Estate will be

sold at Sheriff ’s Sale At 10:00 A.M.

Friday, May 26, 2017

in the Courthouse, Fifth and Hamilton Streets

Allentown, Pennsylvania.

Purchasers Must Immediately Pay 10% of the Purchase Price by

Certified Check.TO ALL PARTIES IN INTEREST

AND CLAIMANT:Upon all sales where the filing of

a Schedule of Distribution is re-quired, the said Schedule will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale, and a Deed will be delivered to the PURCHASER and distribution will be made in accor-dance with the Schedule unless ex-ceptions are filed thereto within ten (10) days thereafter.

On sales where the filing of a Schedule of Distribution is not re-quired, a Deed will be delivered to the PURCHASER after the expiration of twenty (20) days from the date of sale, unless exceptions are taken to the sale within that period.

NO. 1

By virtue of a writ of execution No. 2016-C-2409, Bank of America, N.A. v. Cloyde Morgan, Jr., owner of prop-erty situate in the Borough of Slat-ington, Lehigh County, Pennsylvania, being 1312 Pin Oak Lane, Slatington, PA 18080.

Tax Assessment No. 55630001-0215-1.

Improvements thereon: Residen-tial Property.

Attorneys Powers Kirn & Associates, LLC

NO. 2

By virtue of a writ of execution No. 2014-C-3782, Bank of America, N.A. v. Rafael D. Urena Gonzalez, owner of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 1254 Lehigh Street, Al-lentown, PA 18103.



Attorneys McCabe, Weisberg and

Conway, P.C.

NO. 3

By virtue of a writ of execution No. 2016-C-2478, Federal National Mort-gage Association (“Fannie Mae”), a Corporation Organized and Existing Under the Laws of the United States of America v. Lee Allison Vedder, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 2132 W. Liberty Street, Allentown, PA 18104.

Tax Assessment No. 54961986-0146 1.

Improvements thereon: Residen-tial Dwelling.

Attorneys McCabe, Weisberg and

Conway, P.C.

NO. 4

By virtue of a writ of execution No. 2016-C-3137, Lakeview Loan Servic-ing, LLC v. Tyson Norton, owner of property situate in the Borough of Slatington, Lehigh County, Pennsyl-vania, being 360 Main Street, Slat-ington, PA 18080.


Improvements thereon: A Resi-dential Dwelling.

Attorneys KML Law Group, P.C.

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LEHIGH LAW JOURNAL

NO. 5

By virtue of a writ of execution No. 2016-C-1583, Ditech Financial LLC s/b/m to Green Tree Servicing LLC v. Roy L. Tarboro Jr., owner of prop-erty situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 1755 West Broad Street f/k/a 1644 West Broad Street, Bethlehem, PA 18018.




NO. 6

By virtue of a writ of execution No. 2014-C-4017, U.S. Bank National Association, As Trustee for the Penn-sylvania Housing Finance Agency v. Maria C. Burgos, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 422 North Street, Allentown, PA 18102.


Improvements thereon: A Resi-dential Dwelling House.

Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller

NO. 7

By virtue of a writ of execution No. 2013-C-951, Bank of America, N.A., As Successor by Merger to BAC Home Loans Servicing, LP f/k/a Country-wide Home Loans Servicing, LP v. Marvin Byers a/k/a Marvin D. Byers, PAtricia Byers, owners of property situate in the Borough of Emmaus, Lehigh County, Pennsylvania, being 614 East Greenleaf Street, Emmaus, PA 18049-3046.



Attorneys Phelan Hallinan Diamond

& Jones, LLP

NO. 8

By virtue of a writ of execution No. 2014-C-1164, Wilmington Savings Fund Society, FSB d/b/a Christiana Trust Not Individually But As Trus-tee for Pretium Mortgage Acquisition Trust v. Leeanne Knaus and Gregory L. Knaus, owners of property situate in the Township of Lower Macungie, Lehigh County, Pennsylvania, being 5040 Faith Circle, Wescosville, PA 18106.




NO. 9

By virtue of a writ of execution No. 2016-C-1845, Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, National Association v. Rita Joan Sparrow a/k/a Rita J. Sparrow, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 208 1/2 West Green Street a/k/a 2008.5 West Green Street, Allentown, PA 18104-4028.




& Jones, LLP

NO. 10

By virtue of a writ of execution No. 2016-C-2232, Federal National Mort-

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LEHIGH LAW JOURNALgage Association (“Fannie Mae”) v. James W. Roberts and Lillian A. Roberts, owners of property situate in the Township of Washington, Le-high County, Pennsylvania, being 6277 Venture Court, Slatington, PA 18080.



Attorneys Martha E. Von Rosenstiel, P.C.

NO. 11

By virtue of a writ of execution No. 2014-C-4003, Wells Fargo Bank, N.A. v. Taylor Zervos; Ronya S. Zervos a/k/a Ronya Zervos, owners of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 1812 East Greenleaf Street, Allen-town, PA 18109.


Improvements thereon: Single Family Dwelling.

Attorneys Manley Deas Kochalski LLC

NO. 12

By virtue of a writ of execution No. 2016-C-2509, U.S. Bank National Association v. Henry C. Schaffer, Jr. a/k/a Henry C. Schaffer, Jr., De-ceased, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1243 W. Tioga Street, Allentown, PA 18103.



Attorney Robert W. Williams, Esquire

NO. 13

By virtue of a writ of execution No. 2016-C-1711, Wells Fargo Bank, N.A.

Successor by Merger to Wachovia Bank, National Association v. Mary S. Klimek a/k/a Mary Klimek, owner of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 112 N. Irving Street a/k/a 114 N. Irving Street, Allentown, PA 18109.




NO. 14

By virtue of a writ of execution No. 2016-C-2474, Nationstar Mortgage LLC v. Joanne Lampasona a/k/a Joanne Camacho, owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 707 Pennsylvania Street, Whitehall, PA 18052.

Tax Assessment No. 549799803-7771.



NO. 15

By virtue of a writ of execution No. 2012-C-205, HSBC Bank USA, Na-tional Association, As Trustee for Wells Fargo Home Equity Asset-Backed Securities 2006-3 Trust, Home Equity Asset-Backed Certifi-cates, Series 2006-3 v. Vernon J. Mobley; Lauretta A. Mobley, owners of property situate in the Borough of Coopersburg, Lehigh County, Penn-sylvania, being 438 East Landis Street, Coopersburg, PA 18036.


Improvements thereon: Single Family Dwelling.

Attorneys Manley Deas Kochalski LLC

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LEHIGH LAW JOURNAL

NO. 16

By virtue of a writ of execution No. 2016-C-2051, Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, National Association v. Anna Mae Spino a/k/a Anna M. Spino, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 502 North Dauphin Street, Allen-town, PA 18109-2148.




& Jones, LLP

NO. 17

By virtue of a writ of execution No. 2015-C-0641, U.S. Bank National Association, As Trustee for Citigroup Mortgage Loan Trust 2007-WFHE1, Asset-Backed Pass-Through Certifi-cates, Series 2007-WFHE1 v. Yu-muntroe M. Krangar, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 119 South Bradford Street, Allen-town, PA 18109-2754.




& Jones, LLP

NO. 18

By virtue of a writ of execution No. 2016-C-0164, Wells Fargo Bank, N.A. v. Christina A. Clark, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 731-733 N. Muhlenberg Street, Al-lentown, PA 18104.




NO. 19

By virtue of a writ of execution No. 2016-C-3125, Citimortgage Inc. v. Alexander Rolon, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1112 W. Linden St., Allentown, PA 18102-3804.




& Jones, LLP

NO. 20

By virtue of a writ of execution No. 2016-C-2569, U.S. Bank National Association, As Trustee, on Behalf of the Holders of the CSMC Mortgage-Backed Pass-Through Certificates, Series 2007-1 v. Carlos Mirabal, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 2012 S. Hall Street, Allentown, PA 18103.




NO. 21

By virtue of a writ of execution No. 2016-C-3095, Pingora Loan Servic-ing, LLC v. Jorge Rodriguez, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania,

44

LEHIGH LAW JOURNALbeing 15 East Lynnwood Street a/k/a 13 East Lynnwood Street, Allentown, PA 18103.




& Jones, LLP

NO. 22

By virtue of a writ of execution No. 2016-C-3124, American Financial Resources, Inc. v. William Hoffert a/k/a William R. Hoffert, owner of property situate in the Township of Whitehall, Lehigh County, Pennsyl-vania, being 105 Johnson Court, Whitehall, PA 18052-4207.




& Jones, LLP

NO. 23

By virtue of a writ of execution No. 2016-C-3109, loandepot.com, LLC v. Daniel Pozza, Jr., owner of property situate in the Township of Whitehall, Lehigh County, Pennsylvania, being 2013 Pine Street, Whitehall, PA 18052-3945.




& Jones, LLP

NO. 25

By virtue of a writ of execution No. 2016-C-3064, Wells Fargo Bank, N.A.

v. TDK Properties, LLC, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 223 North 15th Street, Allen-town, PA 18102-3609.




& Jones, LLP

NO. 26

By virtue of a writ of execution No. 2016-C-2796, Wells Fargo Bank, N.A. s/b/m to Wachovia Bank, National Association v. Lori G. Mulvihill, Scott S. Mulvihill, owners of property situ-ate in the City of Allentown, Lehigh County, Pennsylvania, being 1016 North Saint Elmo Street, Allentown, PA 18104-3726.




& Jones, LLP

NO. 27

By virtue of a writ of execution No. 2013-C-1000, Bank of America, N.A., As Successor by Merger to BAC Home Loans Servicing, LP f/k/a Country-wide Home Loans Servicing, LP v. Jo-Ann E. Vegas, Eric S. Vegas, own-ers of property situate in the Town-ship of Upper Saucon, Lehigh County, Pennsylvania, being 1951 Oakhurst Drive, Center Valley, PA 18034-9648.




& Jones, LLP

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LEHIGH LAW JOURNAL

NO. 28

By virtue of a writ of execution No. 2016-C-2844, U.S. Bank National Association As Indenture Trustee for Springleaf Mortgage Loan Trust 2013-2, Mortgage-Backed Notes, Series 2013-2 v. Raymond A. Fair-field, owner of property situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 1017 Seneca Street, Bethlehem, PA 18015.



Attorney Samantha Gable, Esquire

NO. 29

By virtue of a writ of execution No. 2016-C-2760, M&T Bank v. Jose A. Roman, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 657 South Fil-more Street, Allentown, PA 18103.




NO. 30

By virtue of a writ of execution No. 2016-C-1568, Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP f/k/a Country-wide Home Loans Servicing LP v. Jocelyn Rosario a/k/a Jocelyn A. Rosario, owner of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 1040 Public Road, Bethlehem, PA 18015.




& Jones, LLP

NO. 31

By virtue of a writ of execution No. 2013-C-1439, U.S. Bank National Association, As Trustee for the Struc-tured Asset Securities Corporation, Series 2006-GEL3 v. Daniel G. Hill-egas, Lori A. Roth n/k/a Lori A. Hil-legas, owners of property situate in the Township of Salisbury, Lehigh County, Pennsylvania, being 810 Weil Street a/k/a 810-812 Weil Street, Bethlehem, PA 18015-3970.




& Jones, LLP

NO. 32

By virtue of a writ of execution No. 2016-C-2511, Arvest Central Mort-gage v. Lazenne H. Lu, owner of property situate in the Township of Whitehall, Lehigh County, Pennsyl-vania, being 942 Pennsylvania Street, Whitehall, PA 18052.


Improvements thereon: Residen-tial Real Estate.

Attorneys Andrea J. Marley, Esquire

Stern & Eisenberg, PC

NO. 33

By virtue of a writ of execution No. 2016-C-2758, S. Bank National As-sociation v. Tracy A. Miklus, owner of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 2553 Mountain Lane, Al-lentown, PA 18103-7322.


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LEHIGH LAW JOURNALImprovements thereon: Residen-

tial Dwelling.Attorneys

Phelan Hallinan Diamond & Jones, LLP

NO. 34

By virtue of a writ of execution No. 2015-C-1565, Wells Fargo Bank, N.A. v. Marcel Shortell, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1830 W. Tremont Street, Allentown, PA 18104.




NO. 35

By virtue of a writ of execution No. 2013-C-1002, Bayview Loan Servic-ing, LLC, a Delaware Limited Liabil-ity Company v. Farah Naz, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 202 North 7th Street a/k/a 202 North Seventh Street, Allentown, PA 18104.




NO. 36

By virtue of a writ of execution No. 2016-C-1807, Wells Fargo Bank, N.A. v. Vincent G. Gannett, in His Capac-ity As Heir of Vincent G. Praczko, Sr., Deceased; Christopher Praczko, in His Capacity As Heir of Vincent G. Praczko, Sr., Deceased; Unknown Heirs, Successors, Assigns and All

Persons, Firms or Associations Claiming Right, Title or Interest From or Under Vincent G. Praczko, Sr., Deceased, owners of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 623 North Penn Street, Allentown, PA 18102.




& Jones, LLP

NO. 37

By virtue of a writ of execution No. 2015-C-2049, U.S. Bank National Association, As Trustee for the Penn-sylvania Housing Finance Agency v. Constansia Nelson, owner of prop-erty situate in the City of Allentown, Lehigh County, Pennsylvania, being 1615 W. Chew Street, Allentown, PA 18102.


Improvements thereon: A Resi-dential Dwelling House.

Attorneys Leon P. Haller, Esquire Purcell, Krug & Haller

NO. 38

By virtue of a writ of execution No. 2016-C-2587, Pennymac Loan Ser-vices, LLC v. Raymond S. Lapp and Mildred E. Lapp, owners of property situate in the Township of Lower Milford, Lehigh County, Pennsylva-nia, being 4137 Zionsville Road, Zi-onsville, PA 18092.




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LEHIGH LAW JOURNAL

NO. 39

By virtue of a writ of execution No. 2016-C-2889, Wells Fargo Bank, N.A. v. Chieu Minh Tran a/k/a Chieu Tran a/k/a Chieu M. Tran, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 831 South 11th Street a/k/a 827 South 11th Street, Allentown, PA 18103-3183.




& Jones, LLP

NO. 40

By virtue of a writ of execution No. 2015-C-3815, U.S. Bank National Association, Not in Its Individual Capacity But Solely As Trustee for Maroon Plains Trust v. Richard A. Conliffe, owner of property situate in the City of Allentown, Lehigh County, Pennsylvania, being 1938 Chew Street, Allentown, PA 18104.



Attorneys Richard M. Squire & Associates, LLC

NO. 41

By virtue of a writ of execution No. 2016-C-2700, Ditech Financial LLC f/k/a Green Tree Servicing LLC v. Ponda Wilson a/k/a Ponda Cherise Wilson a/k/a Ponda C. Wilson, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 730 West Liberty Street, Allentown, PA 18102.



Attorneys Law Office of Gregory

Javardian, LLC

NO. 42

By virtue of a writ of execution No. 2015-C-3966, Ditech Financial LLC f/k/a Green Tree Servicing LLC v. Gayle C. Tullar, owner of property situate in the City of Allentown, Le-high County, Pennsylvania, being 2521-2525 West Union Street, Al-lentown, PA 18104.



Attorneys Law Office of Gregory

Javardian, LLC

NO. 43

By virtue of a writ of execution No. 2016-ML-0818, PArkland School District v. Susan M. Rozsas, owner of property situate in the Township of South Whitehall, Lehigh County, Pennsylvania, being 2010 W. Colum-bia Street, South Whitehall, PA.


Improvements thereon: Single Family—End of Row.

Attorneys Jeffrey P. Kelly, Esquire

Portnoff Law Associates, Ltd.

NO. 44

By virtue of a writ of execution No. 2013-ML-3242, Bethlehem Area School District v. Michael E. Brun-nabend, Executor of the Estate of

48

LEHIGH LAW JOURNALDoris Brunnabend and Richard Leposa, Executor of the Estate of Doris Brunnabend, owners of prop-erty situate in the City of Bethlehem, Lehigh County, Pennsylvania, being 234 9th Avenue, Bethlehem, PA.


Improvements thereon: Single Family—Detached.



NO. 45

By virtue of a writ of execution No. 2014-ML-0278, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Brady Oswald, owner of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 1130 W. Maple Street, Allentown, PA.


Improvements thereon: Single Family—Row.



NO. 46

By virtue of a writ of execution No. 2016-ML-1069, Northern Lehigh School District v. John Abidelli Fam-ily Trust, owner of property situate in the Borough of Slatington, Lehigh County, Pennsylvania, being 451 S. Walnut Street, Slatington, PA.


Improvements thereon: Single Dwelling Property.



NO. 47

By virtue of a writ of execution No. 2015-ML-1180, Southern Lehigh School District v. Bruce D. Keeler and Michele Keeler, owners of property situate in the Township of Upper Saucon, Lehigh County, Pennsylva-nia, being 4355 Liberty Road, Upper Saucon Township, PA.





NO. 50

By virtue of a writ of execution No. 2012-ML-2215, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Christine E. Szukics-Johnson and Leslie Szukics, owners of property situate in the City of Al-lentown, Lehigh County, Pennsylva-nia, being 1111 S. Fountain Street, Allentown, PA.





NO. 51

By virtue of a writ of execution No. 2016-ML-0587, Allentown School District v. Santiago Rivera, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 625 N. 16th Street, Allentown, PA.


49

LEHIGH LAW JOURNALImprovements thereon: Single

Family—Row.Attorneys

Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd.

NO. 52

By virtue of a writ of execution No. 2014-ML-0974, Northern Lehigh School District v. Penn Big Bed Slate Co, Inc. and United States of Ameri-ca, owners of property situate in the Township of Washington, Lehigh County, Pennsylvania, being Main Street, Washington Township, PA and 8347 Brown Street, Washington Township, PA.

Tax Assessment Nos. 55427115-0410-1 and 554282410323-1.

Improvements thereon: Quarry.Attorneys

Jeffrey P. Kelly, Esquire Portnoff Law Associates, Ltd.

NO. 53

By virtue of a writ of execution No. 2012-ML-3501, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Juan Cruz, Lissette Cruz and United States of America, owners of property situate in the City of Allentown, Lehigh County, Penn-sylvania, being 138 W. Tilghman Street, Allentown, PA.


Improvements thereon: Single Family—Twin.



NO. 54

By virtue of a writ of execution No. 2016-ML-0625, Allentown School

District v. Heinz Buechele, owner of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 611 S. Albert Street, Allentown, PA.


Improvements thereon: Nip—1 St Whse—Mfg 100000—50000 Sq Ft.



NO. 55

By virtue of a writ of execution No. 2013-ML-0528, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Wajiha Alsaad and Khaled Alsaad, owners of property situate in the City of Allentown, Le-high County, Pennsylvania, being 707 N. Jordan Street, Allentown, PA.


Improvements thereon: More Than 1 Residential Dwelling Per Par-cel.



NO. 56

By virtue of a writ of execution No. 2013-ML-1933, Allentown School District and Public Asset Manage-ment Inc., Assignee of the Allentown School District v. Joseph Smith and Alexandra Smith, owners of property situate in the City of Allentown, Le-high County, Pennsylvania, being 1021 N. Ott Street, Allentown, PA.





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LEHIGH LAW JOURNAL

NO. 57

By virtue of a writ of execution No. 2016-N-1419, Santander Bank, N.A. v. Stoffey Family Limited Partnership #2 and Joseph Stoffey, Jr., owners of property situate in the City of Allen-town, Lehigh County, Pennsylvania, being 1740 Lynnwood Road, Allen-town, PA 18103.


Improvements thereon: Industri-al.

Attorney Daniel P. Mazo, Esquire

JOSEPH N. HANNA Sheriff of Lehigh County, PAMatthew R. Sorrentino, County Solicitor Richard Brent Somach, Sheriff ’s Solicitor

A-28; M-5, 12

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LEHIGH LAW JOURNAL

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, May 1, 2017

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