Vol. LVI Allentown, PA Friday, July 3, 2015 No. 53

60 Pages·2015·5.64 MB·English

Vol. LVI Allentown, PA Friday, July 3, 2015 No. 53
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THE COURT
The Hon. Carol K. McGinley, President Judge
The Hon. Edward D. Reibman, Judge
The Hon. William E. Ford, 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, Judge
The Hon. Douglas G. Reichley, Judge
The Hon. Lawrence J. Brenner, Senior Judge
The Hon. Alan M. Black, Senior 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
ZACHARY J. COHEN, President
HON. WILLIAM H. PLATT, President-Elect
PATRICK J. REILLY, Vice President
MICHELLE M. FORSELL, Secretary
SARAH M. JOLLY, Treasurer
SUSAN G. MAURER, Historian
THOMAS F. TRAUD, JR., Law Journal Committee
RAY BRIDGEMAN, Executive Director
SARAH MUSSEL, Case Editor
Copyright © 2015 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 12 noon the preceding Tuesday. Telephone [phone]. 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
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Periodical 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.
2
SAVE THE DATE

Thursday
September 10, 2015
4:30p.m.

A Dialogue with the Judges of the Northern Tier:
Advice and Guidance on Federal Practice

The Honorable James Knoll Gardner, Lawrence F. Stengel,
Jeffrey L. Schmehl, Edward G. Smith, Joseph F. Leeson, Jr. and
Henry S. Perkin
The Barristers’ Club
1114 W. Walnut Street; Allentown, PA

Reception Following the One Hour CLE Program
For information contact Nancy at [email protected] or 610-433-6401, Ext. 16

All are invited to this joint program of the Federal Practice Committees
of the bar associations of Lehigh and Northampton Counties,
The Judge Donald E. Wieand Barristers Inn, and the Federal Bar Association,

Eastern District of Pennsylvania Chapter
3
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Allentown|610-433-6088ext.12
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ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in disciplinary
matters and matters involving ethical issues, bar admissions
and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Member of the Supreme Court of Pennsylvania Judicial Conduct
Board • 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 • [phone]
TAX CONTROVERSY
& LITIG ATION
FAMILY LAW
Abele Iacobelli Megan Michael
610.434.5441 | wallitsch.com Tax/Family Law Family Law
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
8
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA
PUBLIC NOTICE FOR REAPPOINTMENT OF
AN INCUMBENT MAGISTRATE JUDGE
The current term of office of United States Magistrate
Judge Lynne A. Sitarski at Philadelphia, Pennsylvania is due
to expire on October 28, 2015. The United States District
Court is required by law to establish a panel of citizens to
consider the reappointment of the Magistrate Judge to a new
eight-year term.
The duties of a Magistrate Judge in this court include the
following: (1) conduct of most preliminary proceedings in
criminal cases; (2) trial and disposition of misdemeanor
cases; (3) conduct of various pretrial matters and evidentiary
proceedings on delegation from a district judge; and (4) trial
and disposition of civil cases upon consent of the litigants.
Comments from members of the bar and the public are
invited as to whether the incumbent magistrate judge should
be recommended by the panel for reappointment by the court
and should be directed to:
Michael E. Kunz, Clerk of Court
2609 United States Courthouse
601 Market Street
Philadelphia, PA 19106
ATTN.: Human Resources Department—
Magistrate Judge Reappointment
Comments must be received by July 30, 2015.
Petrese B. Tucker
Chief Judge
7-3
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Nationstar Mortgage vs. Martinez et ux.
488 Nationstar Mortgage vs. Martinez et ux.
NATIONSTAR MORTGAGE LLC, PLAINTIFF vs. ANGEL
L. MARTINEZ, MARIA C. MARTINEZ, DEFENDANTS
Mortgage Foreclosure—Motion for Summary Judgment—
Standing—Real Party in Interest—Loan Modification Agreement.
Because Defendants in mortgage foreclosure action entered into a loan modification
agreement with mortgage company, and modified mortgage was subsequently assigned to
Plaintiff, Plaintiff had standing to enforce the mortgage, as amended, even though there
was no specific reference to assignment of the loan modification agreement independent
of the mortgage.
In the Court of Common Pleas of Lehigh County, Pennsyl-
vania—Civil Division. No. 2014-C-1584. Nationstar Mortgage LLC,
Plaintiff vs. Angel L. Martinez, Maria C. Martinez, Defendants.
Jennifer frechie, esquire, on behalf of the Plaintiff.
ryan J. Durkin, esquire, on behalf of the Defendants.
MEMORANDuM OPINION
reichley, J., June 10, 2015. Nationstar Mortgage, LLC,
Plaintiff, filed a motion for summary judgment on March 31, 2015
in the within mortgage foreclosure action. On April 27, 2015, An-
gel and Maria Martinez, Defendants, by and through counsel, filed
a response. On May 26, 2015, the Court heard oral argument on
the motion. For the reasons set forth herein, Plaintiff ’s motion for
summary judgment is granted.
FACTuAL AND PROCEDuRAL HISTORy
Defendants are the mortgagors and record owners of the real
property located at 25 East Coleman Street, Allentown, Lehigh
County, Pennsylvania. On October 31, 2006, Defendants executed
and delivered a mortgage to Mortgage Electronic Registration
Systems, Inc., as Nominee for K. Hovanian American Mortgage,
LLC.
On August 28, 2012, the parties to the mortgage executed
and entered into a Loan Modification Agreement, which Plaintiff
attached to its complaint as Exhibit “C.” The agreement “amend[ed]
and supplement[ed] ... the Mortgage ... dated the 31st of October,
2006.” (Complaint Exhibit C.) The Loan Modification Agreement
was between Bank of America, N.A. and Defendants.
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Lehigh 7-17 op