Established 1872 1872 Established (Cite (Cite Vol. Vol. 102 104 Luz. Luz. Reg. Reg.Reports) Reports) VOL. 104 102 Wilkes-Barre, 17, 2014 2012 VOL. Wilkes-Barre,PA, PA,Friday, Friday,February October 10, NO.41 7 NO. COMMONWEALTH v.BATTLE................................................... GUZMAN .................................................. 1 COMMONWEALTH v. 128 POSTMASTER: POSTMASTER: Send Send address address changes changesto toTHE THELUZERNE LUZERNELEGAL LEGALREGISTER, REGISTER, Room Room 23, 23, Court Court House, House,Wilkes-Barre, Wilkes-Barre,PA PA18711-1001 18711-1001 Periodical postage paid at Wilkes-Barre, PA and additional office. Periodical postage paid at Wilkes-Barre, PA and additional office. Price Single Copies Price $40. $40. Per Per Year Year           Single Copies$1.00 $1.00 Advertising Advertising Must Must Be Be Received Received By By 12 12 O’Clock O’ClockNoon, Noon,Tuesday TuesdayIn InThe TheWeek WeekofofPublication Publication (USPS 322-840) (USPS 322-840) PUBLISHED WEEKLY BY PUBLISHED WEEKLY BY The Wilkes-Barre Law and Library Association The Wilkes-Barre Law and Library Association We have extra bar composites available for sale in the Law Library. The cost is $75. This is a great remembrance and a beautiful picture to hang in your office. Supplies are limited so call Gail at (570) 822-6712 to reserve your copy today! Sept. 26; Oct. 3, 10, 17 Joseph P. J. Burke III, Esquire Editor-in-Chief and Reporter of Decisions of the Court of Common Pleas of Luzerne County Kristin R. Breazeale Business Editor Commercial Advertising and Legal Notices Gail Kopiak Bar News Editor Tel. 570-822-6712   Fax 570-822-8210 WEBSITE ADDRESS: www.LuzerneLegalRegister.com and www.wblawlibrary.org All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither The Luzerne Legal Register nor the printer (Clare Printing) will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar, or make changes to content. Judge Robert A. Freedberg (Ret.) • Former Judge, Pennsylvania Superior Court & Court of Common Pleas n Elected to the Court of Common Pleas, Northampton County – 1979 n Retained – 1989 and 1999 n President Judge – 1991-2008 n Superior Court Judge – 2008 n Retired from Superior Court – 2012 • Presided at hundreds of jury and non-jury cases during his 28 years tenure • Tried complex civil matters including medical malpractice, products liability and business-related cases • Authored 50 published Opinions for the Superior Court and heard cases from all parts of the Commonwealth Two ways to submit your case: Call: (800) 364-6098 (215) 564-1775 Visit our website: adroptions.com 2001 Market Street, Suite 1100 Two Commerce Square Philadelphia, PA 19103-7044 • Presented at various educational programs for judges and the bar • Appointed by the Supreme Court to the Judicial Council of Pennsylvania • Honorary Doctor of Laws degree – Lafayette College, 2002 Graduated from Lafayette College with honors – 1966 Received Juris Doctor – Columbia University School of Law, 1969 3 Wilkes-Barre Law and Library Association (#53) Will Conduct a Continuing Legal Education Program. The Wilkes-Barre Law and Library Association is an accredited Continuing Legal Education Provider. Sponsored by The W-BLLA Medical-Legal/Disabilities Committee in Conjunction With the Luzerne County Medical Society. Thursday, October 23, 2014 2 Hours Substantive CLE Credits “What You Need to Know About Medical Marijuana” AGENDA 6:00 p.m.—6:30 p.m. Registration Check-in. 6:30 p.m.—9:00 p.m. Program: Welcome and Introductions. Medical Considerations of the Use of Medical Marijuana: Jon Shapiro, M.D., Practicing Internist—Philadelphia area, Medical Director of the Physicians’ Health Programs at the Foundation of the Pennsylvania Medical Society and a member of the PA Society of Addiction Medicine. 4 7:45 p.m.—8:00 p.m. Break. 8:00 p.m.—9:00 p.m. Legal Considerations of the Use of Medical Marijuana. Bernard D. Walter, Esq., Co-Chair of the Elder Law Committee of the W-BLLA, Law Offices of Bernard D. Walter, Shavertown, PA. Samuel M. Sanguedolce, Esq., First Assistant District Attorney, Luzerne County. A Light Refreshment and Dessert Reception will immediately follow the program. Program Description This Continuing Legal Education Program is sponsored by the Wilkes-Barre Law and Library Association’s MedicalLegal/Disabilities Committee and the Luzerne County Medical Society. Jacqueline A. Zabresky, Esquire, Chairperson of the W-BLLA’s Medical-Legal/Disabilities Committee will serve as Moderator for the event. The event which will be held in the Burke Auditorium at the McGowan Business School of King’s College, located at the corner of North River and Union Streets in Wilkes-Barre. The W-BLLA is an accredited CLE Provider by the CLE Board of the Supreme Court of Pennsylvania. For those attorneys staying for the full duration of the program, this CLE program offers and is approved by the CLE Board for two (2) hours of substantive continuing legal education credits. Please note that this event will be open to members of the public. 5 Registration Information Date: Location: Registration Fee: Discounted Rate: Where to Send: Registration Deadline: Thursday, October 23, 2014 Burke Auditorium McGowan Business School King’s College Wilkes-Barre, PA 18701 $35.00 per Lawyer $10.00 W-BLLA Members $5.00 W-BLLA YLD Members (includes CLE registration price and Refreshment and Light Dessert Buffet). Please make check payable to: “Wilkes-Barre Law & Library Assn.” Wilkes-Barre Law & Library Assn. Law Library, Luzerne County Courthouse Wilkes-Barre, PA 18711 Tuesday, October 21, 2014 Space Is Limited. Registration Is First Registered/ First Paid Basis. 6 REGISTRATION FORM MEDICAL MARIJUANA CLE PROGRAM October 23, 2014 2 Substantive CLE Credit Hours King’s College—Wilkes-Barre, PA Name:______________________________________________ Attorney ID #:____________ Telephone #: _______________ Office Address: ______________________________________ ___________________________________________________ Enclose Registration Fee—Made Payable to: Wilkes-Barre Law & Library Assn. DEADLINE: October 21, 2014. Oct. 3, 10, 17 7 NOTICE OF SUSPENSION NOTICE IS HEREBY GIVEN that by Order of the Supreme Court of Pennsylvania dated September 30, 2014, Robert C. Zanicky (#20147) of Sand Hollow Drive, Drums, PA, is Suspended on Consent from the Bar of this Commonwealth for a period of two years, to be effective October 30, 2014. Elaine M. Bixler Secretary of the Board The Disciplinary Board of the Supreme Court of Pennsylvania Oct. 10 8 North Penn Legal Services and the Wilkes-Barre Law & Library Assn. As a Part of the Ongoing Pro Bono Initiative Will Conduct a Continuing Legal Education Program. North Penn Legal Services, Inc. and the W-BLLA Are Accredited Continuing Legal Education Providers. Thursday, October 23, 2014 Educational Center of Luzerne County Community College, Nanticoke, PA “Medicaid for Low-Income Clients: New Rules, New Benefits” 1.5 Substantive CLE Credits AND “Preserving Housing—Public Housing and Fair Housing Issues for Homeowners and Renters” 2 Substantive CLE Credits AGENDA 12:45 p.m.—2:15 p.m. Medicaid for Low-Income Clients: New Rules, New Benefits. Presenters: Ann Bacharach, Esq., Kyle Fisher, Esq. 2:30 p.m.—4:30 p.m. Preserving Housing—Public Housing and Fair Housing Issues for Homeowners and Renters. Presenters: Lori Molloy, Esq. Kristina Petronko, Esq. Scott Williams, Esq. 9 Program Description Sponsored by North Penn Legal Services and the WilkesBarre Law & Library Association as part of the ongoing pro bono initiative for Luzerne County and the Commonwealth of Pennsylvania, this first session of this seminar offers a variety of useful information on the update on how Medicaid expansion will affect consumers in Pennsylvania. The second session will discuss various public and subsidized housing, eligibility requirements, evictions, and strategies for helping applicants who have credit issues and criminal histories. Finally, the session will address Fair Housing laws and how they might apply to denial of admission to housing, eviction, or the ability of an occupant to stay in a unit. Attendance of this program is free to any attorney who is willing to accept one (1) pro bono referral from North Penn Legal Services within six months from the date of training, otherwise the cost is $25.00 per credit hour. For any attorney attending the full program, the CLE credit earned for the first session is one and 1/2 (1.5) substantive credits and for the second session it is two (2) substantive credits. 10 Registration Information Date: Location: Registration Fee: How to Register: Registration Deadline: Thursday, October 23, 2014 Educational Center Luzerne Community College, Nanticoke, PA. FREE for attendees agreeing to accept one (1) pro bono referral from North Penn Legal Services. (Otherwise the cost is $25.00 per credit hour.) Attendees should preregister for this event. Contact Victoria Coyle vcoyle@northpennlegal.org or (610) 317-5308. Monday, October 20, 2014. Space Is Limited. Oct. 3, 10, 17 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. Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania • Former Federal Prosecutor • Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania • Chair, Pennsylvania Interest on Lawyers Trust Account Board • Selected by his peers as one of the top 100 Super Lawyers in Pennsylvania • Named by his peers to Best Lawyers in America in the areas of ethics and professional responsibility and legal malpractice 1460 Wyoming Avenue пЃ¬ Forty Fort, PA 18704 (570) 343-1827 11 MORTGAGE FORECLOSURE DIVERSIONARY PROGRAM The Luzerne County Mortgage Foreclosure Diversionary Program mediations will be held on the Third Floor of the Luzerne County Courthouse, 200 N. River Street, Wilkes-Barre, Pennsylvania. The 2015 schedule is as follows: Friday, January 23, 2015 Friday, February 20, 2015 Friday, March 20, 2015 Friday, April 17, 2015 Friday, May 22, 2015 Friday, June 19, 2015 Friday, July 17, 2015 Friday, August 21, 2015 Friday, September 18, 2015 Friday, October 16, 2015 Friday, November 20, 2015 Friday, December 18, 2015 Sept. 26—Jan. 2 12 The Wilkes-Barre Law & Library Association is pleased to announce in Honor of the Association’s 165th Anniversary it will be holding a Group Admission Ceremony for members who have not yet been admitted to the Bar of the United States Supreme Court. The Ceremony will be held at the U.S. Supreme Court Building in Washington, D.C. on Monday—November 16, 2015. The United States Supreme Court Admissions Office has limited us to ONLY 25 ADMITTEES. Contact Gail IMMEDIATELY at Gail.Kopiak@luzernecounty.org or (570) 822-6712 if you are interested in participating. The first 25 members responding will be placed on the list. All others responding thereafter will be placed on a waiting list in the event that there are any cancellations as we get close to the admission date. Oct. 3, 10 13 Next Meeting of the YLD The next meeting of the YLD will be held on Wednesday, November 12, 2014 at the Arena Bar & Grill beginning at 6 p.m. Wills for Heroes Young lawyers are encouraged to take part in this important volunteer event which will take place on a Saturday in October or November at Luzerne County Community College. Volunteers will prepare wills for first responders. No relevant experience necessary! Annual Brewery Tour The YLD has organized a bus trip to the Finger Lakes for a beer/wine tour which will take place on Saturday, November 22, 2014. The cost per person is TBD. All members of the YLD are invited to attend. Please contact a YLD officer if you would like to join us. YLD Holiday Party The annual YLD holiday party will be held on Thursday, December 11, 2014 at the Westmoreland Club in WilkesBarre. This year RSVPs will be mandatory so that we can properly plan for the number of attendees. Law & Library Association Committees Young lawyers are encouraged to join one or more of the Wilkes-Barre Law & Library Association committees found here: http://www.luzernecountybar.org/committees. html. YLD members may also start their own committees by contacting Joe Burke or Gail Kopiak at Wilkes-Barre Law & Library Association at (570) 822-6712. 14 Discounted Philharmonic Tickets Reminder: The NEPA Philharmonic has generously offered a 15% discounted ticket rate for Young Lawyers. Please contact ticket sales to take advantage of this offer. Social Media The YLD is in the process of increasing its presence on social media. We encourage all YLD members to join our Facebook group, the Young Lawyers’ Division of the Wilkes-Barre Law and Library Association at: https://www.facebook.com/events/1480856755479575/ ?ref_newsfeed_story_type=regular. Oct. 10, 17 15 The Wilkes-Barre Law & Library Association Is Proud to Present This Year’s President’s Award to LARRY S. KEISER, ESQ. Congratulations, Larry! The W-BLLA Officers and Executive Committee Oct. 10, 17, 24, 31 16 TO: MEMBERS OF THE WILKES-BARRE LAW & LIBRARY ASSOCIATION FROM: JOSEPH BURKE, III SECRETARY-TREASURER RE: QUARTERLY MEETING Notice is hereby given that a Quarterly Meeting of the Wilkes-Barre Law and Library Association will be held on Monday, October 20, 2014 at noon at the Westmoreland Club, Wilkes-Barre. The Honorable Christopher C. Conner, Chief Judge of the United States District Court for the Middle District of Pennsylvania, will be the Principal Speaker. A special luncheon menu has been prepared by the Westmoreland Club as follows: Salad Romaine Hearts—grape tomato, pine nuts, asiago, red wine vinaigrette. EntrГ©e Pan roasted chicken breast, sauteed spinach and sun dried tomato, basil jus. A vegetarian platter or kosher platter is also available upon request by calling Gail at 822-6712. Please make reservations by check payable to the Wilkes-Barre Law and Library Association in the amount of $12.00 per person by October 15, 2014. In order to guarantee a seat, you must make a reservation. Also, please remember the Westmoreland Club requires business formal dress for all Association functions held there. Casual attire is deemed to be inappropriate by the Club. Aug. 1—Oct. 10 17 ADR Mediation & Arbitration Thomas B. Helbig, Esq. в—Џ в—Џ в—Џ в—Џ в—Џ Mediation Master for Lackawanna County Mediation Program - mediated over 200 cases the last 3 years Certified Federal Court Mediator MD of PA Court-appointed Trial Master and Interim Discovery Master Conducted over 500 PI, UM/UIM, bad faith, and contract Mediations and Arbitrations in the last 5 years 33 years experience representing Plaintiffs and Defendants in State and Federal Courts Experience | Fairness | Results Mediation & Arbitration 30 5 L i nd e n S t r e e t , S c r ant o n, PA 18503 Phone 570.558.1430 | Fax 570.558.1432 | tbhelbig3@aol.com 18 NOTICE TO THE BAR Counsel are reminded of their duty to maintain the dignity and decorum of the courtroom and legal process pursuant to the Code of Civility. Proper dress is expected at all times when appearing in Court, including Motions practice. In addition, lawyers should advise clients and witnesses of the proper dress and conduct when appearing in Court. Your cooperation in maintaining the dignity of the judiciary and legal profession is greatly appreciated. BY THE COURT Aug. 15—Dec. 26 19 To All Members: About the 2015 LAW DAY DINNER As this year’s Law Day Dinner was such a huge success— the Law Day Dinner WILL BE HELD at the WOODLANDS again next year in 2015. The Woodlands, however, does not have a Saturday date open. As such, the 2015 dinner will be held on a Friday evening. THE DATE FOR THE 2015 LAW DAY DINNER IS ******* FRIDAY—APRIL 17th—2015 ******* The time is the same: 6:30 p.m. for Cocktails and 7:30 p.m. for the Dinner. If you have never attended the Law Day Dinner, 2015 is the time to attend. For the customary usually low subsidized price, the W-BLLA will offer a top shelf cocktail and hors d’oeuvres reception and a first class dinner (normally surf and turf ). In addition, for the 2015 Law Day Dinner, the Woodlands will provide complimentary rooms to any members who attend the dinner and request the same—so the party need not end early. You can stay to the very end and enjoy your evening, worry free. SO ATTEND—RELAX! ENJOY! HAVE A GREAT TIME! Also, to make our Law Day Dinner and your overnight stay at the Woodlands even more enjoyable, the Woodlands will provide complimentary shuttle service to and from the Mohegan Casino—so your night does not have to end early. Finally, the Woodlands will provide a Saturday morning complimentary brunch. DON’T MISS OUT. MARK YOUR CALENDARS NOW AND PLAN TO ATTEND! —SAVE THE DATE— More details will be published in the Register as we get closer to the event. Aug. 15—Dec. 26 20 Wilkes-Barre Law and Library Association (#53) Will Conduct a Continuing Legal Education Program. The Wilkes-Barre Law and Library Association is an Accredited Continuing Legal Education Provider. Wednesday, October 22, 2014 1 Hour Substantive CLE Credit “Social Security Disability Seminar—Including Best Practices and Legal Updates” 12:00 p.m.—12:30 p.m. 12:30 p.m.—1:30 p.m. AGENDA Registration and Lunch. Program. Hon. Michelle Wolfe Hearing Office Chief Administrative Law Judge Social Security Administration Office of Disability Adjudication and Review Program Description This Continuing Legal Education Program is sponsored by the Wilkes-Barre Law & Library Association’s MedicalLegal/Disabilities Committee and features the process of adjudication in Social Security Disability cases, including best practice tips and the latest update on legal developments in this area of law. The presenter will be the Honorable Michelle Wolfe, the Chief Administrative Law Judge at the Wilkes-Barre Social Security Office of Adjudication 21 and Review. For attorneys staying for the full duration, this CLE program offers and is approved by the CLE Board for one (1) hour of substantive continuing legal education credit. Location: PLEASE NOTE THAT THE LOCATION OF THIS CLE COURSE IS THE GENETTI HOTEL AND CONFERENCE CENTER AT 77 EAST MARKET STREET IN WILKES-BARRE. Registration Information Date: Wednesday, October 22, 2014 Location: Genetti Hotel and Conference Center 77 East Market Street Wilkes-Barre, PA 18701 CLE Registration Fee: $50.00 per Lawyer CLE Discounted Rate: $30.00 for W-BLLA Members $20.00 for W-BLLA YLD Members (includes CLE registration price and lunch). Please make check payable to: “Wilkes-Barre Law & Library Assn.” Where to Send: Wilkes-Barre Law & Library Assn. Law Library, 200 North River Street Wilkes-Barre, PA 18711 Registration Deadline: Friday, October 17, 2014 Space Is Limited. Registration Is First Registered/ First Paid Basis. 22 CLE REGISTRATION FORM “Social Security Disability Seminar” October 22, 2014 1 Substantive CLE Credit Hour Genetti Hotel and Conference Center—Wilkes-Barre, PA _____ $50.00 Regular _____ $30.00 W-BLLA Member _____ $20.00 W-BLLA YLD Member Name:______________________________________________ Attorney ID #:____________ Telephone #: _______________ Office Address: ______________________________________ ___________________________________________________ Enclose Registration Form & Fee (by Check)—Made Payable to: Wilkes-Barre Law & Library Assn. Mail to: Wilkes-Barre Law & Library Association Law Library, Luzerne County Courthouse 200 North River Street Wilkes-Barre, PA 18711 DEADLINE FOR REGISTRATION IS October 17, 2014. Sept. 5—Oct. 17 23 Pennsylvania Commission Sentencing Pennsylvania Commission onon Sentencing The Commission on Sentencing is pleased to announce The Commission on Sentencing is pleased to announce the Fall 2014 schedule of Sentencing Seminars. offered free of however, pre-registration is required. the These Fallseminars 2014 are schedule ofcharge; Sentencing Seminars. These arewill offered free of charge; however, preregistraTwo seminars types of seminars be offered. tion is required. Sentencing Guidelines and Sentencing in Pennsylvania. 8:30 a.m. to 4:00 p.m. CLE credits (6) Two types of seminars will be offered. are pending Sentencing Guidelines and Sentencing in Pennsylvania. October 22. Radisson Lackawanna Station, Scranton October 28. Days Inn, State College 8:30December a.m. to 4:00 p.m. CLE credits (6) are pending. 10. Four Points Sheraton, Mars. • December October Radisson Lackawanna Scranton 16. 22. Municipal Police Officer Education andStation, Training Center, Harrisburg • October 28. Days Inn, State College Sentencing Updates. 1:00 to 3:15 p.m. CLE credits (2) are pending. • December 10. Four Points Sheraton, Mars • September 23. Best Western, Allentown •September December 16. Municipal • 30. Holiday Inn, Clarion Police Officer Education and • November 12. Hampton Bedford Training Center,Inn,Harrisburg • • • • • November 19. Hilton Garden, Ft. Washington Sentencing Updates. 1:00 to 3:15 p.m. CLE credits (2) Additional information may be located in the seminar brochure located on the Commission's web are pending. Registration is on-line. site (http://pasentencing.us). • September 23. Best Western, Allentown • September 30. Holiday Inn, Clarion • November 12. Hampton Inn, Bedford 9/5 - 10/17 • November 19. Hilton Garden, Ft. Washington Additional information may be located in the seminar brochure located on the Commission’s web site (http:// pasentencing.us). Registration is on-line. Sept. 5—Oct. 17 24 WILKES-BARRE LAW AND LIBRARY ASSOCIATION Bench Bar Conference and Seminar 3 Hours Substantive—1 Hour Ethics Thursday, November 6, 2014 Mohegan Sun at Pocono Downs 11:00 A.M.—11:30 A.M. 11:30 A.M.—12:15 P.M. 12:15 P.M.—1:15 P.M. 1:15 P.M.—2:15 P.M. REGISTRATION (Convention Corridor) Vendor Review Time (Salon CDEF). LUNCH (Salon CDEF— Double-Sided Buffet). INTRODUCTION TO PROGRAM: Jamie Anzalone, Esquire, Chairperson, Bench Bar Committee. PLENARY SESSION: Hon. Matthew A. Cartwright, United States House of Representatives. CONCURRENT WORKSHOPS: (I). CIVIL LITIGATION—(Salon A). Chairperson: Jamie Anzalone, Esquire. Presenters and Topics Include the Following: Stars of the Bar Tell Their War Stories—William F. Anzalone, Esquire, John J. Aponick, Jr., Esquire, Patrick E. Dougherty, Esquire, and Thomas J. Foley, Jr., Esquire. 25 (II). CRIMINAL LITIGATION—(Salon B). Chairpersons: Frank W. Nocito, Esquire and Michael I. Butera, Esquire. Presenters and Topics Include the Following: Recent Case Law and Statutory Changes—James L. McMonagle, Jr., Esquire, Assistant District Attorney of Luzerne County and Timothy M. Doherty, Esquire, Assistant Attorney General of the Commonwealth of Pennsylvania. D.U.I. Update and Sentencing Alternatives—Ferris P. Webby, Esquire and Timothy M. Doherty, Esquire, Assistant Attorney General of the Commonwealth of Pennsylvania. (III). BANKRUPTCY—(Anthracite Meeting Room). Chairperson: David E. Schwager, Esquire. Presenters and Topics Include the Following: Bankruptcy Ethics Issues—Honorable John J. Thomas and the Honorable Robert N. Opel, II of the United States Bankruptcy Court for the Middle District of Pennsylvania, and David E. Schwager, Esquire (Moderator). (IV). DOMESTIC RELATIONS AND CUSTODY— (Hemlock Meeting Room). Chairperson: Ruth Slamon Borland, Esquire. Presenters and Topics Include the Following: Family Court Updates—Honorable Jennifer L. Rogers, Court of Common Pleas of Luzerne County, Sharon R. Bitzel, Esquire, A. Lisa Pierotti, Esquire, and Ruth Slamon Borland, Esquire (Moderator). 26 (V). ELDER LAW, ESTATE PLANNING, SETTLEMENT ADMINISTRATION—(Susquehanna Meeting Room). Chairperson: Brenda D. Colbert, Esquire, LL.M., CELA. Presenters and Topic Include the Following: Pennsylvania New Power of Attorney Act—Updating Your Forms—Kevin R. Grebas, Esquire, CELA and David R. Lipka, Esquire, CELA. 2:15 P.M.—2:30 P.M. BREAK/VENDOR REVIEW TIME. (Refreshments/Convention Corridor) 2:30 P.M.—3:30 P.M. CONCURRENT WORKSHOPS CONTINUE. (I). CIVIL LITIGATION—(Salon A). Chairperson: Jamie Anzalone, Esquire. Presenters and Topics Include the Following: Thinking Outside the Box in Motor Vehicle Accident Cases— Neil T. O’Donnell, Esquire. A View From the Civil Bench—Honorable Michael T. Vough and the Honorable Lesa S. Gelb, Court of Common Pleas of Luzerne County. (II). CRIMINAL LITIGATION—(Salon B). Chairpersons: Frank W. Nocito, Esquire and Michael I. Butera, Esquire. Presenters and Topics Include the Following: A Panel Discussion—Honorable Tina Polachek Gartley, the Honorable David W. Lupas, the Honorable Fred A. Pierantoni, III, the Honorable Joseph F. Sklarosky, Jr. of the Court of Common Pleas of Luzerne County, Stefanie J. Salavantis, Esquire, District Attorney of Luzerne County, Steven M. Greenwald, Esquire, Chief Public Defender of Luzerne County, and Timothy M. Doherty, Esquire, As- sistant Attorney General for the Commonwealth of Pennsylvania. 27 (III). REAL ESTATE—(Anthracite Meeting Room). Chairperson: David E. Schwager, Esquire. Presenters and Topics Include the Following: The Mysteries of Lien Priority Law and Lien Divestiture Revealed—Richard Brent Somach, Esquire, and David E. Schwager, Esquire. (IV). DOMESTIC RELATIONS AND CUSTODY— (Hemlock Meeting Room). Chairperson: Ruth S. Borland, Esquire. Presenters and Topics Include the Following: Family Court Updates—Honorable Jennifer L. Rogers, Court of Common Pleas of Luzerne County, Sharon R. Bitzel, Esquire, A. Lisa Pierotti, Esquire, and Ruth Slamon Borland, Esquire (Moderator). (V). ELDER LAW, ESTATE PLANNING, SETTLEMENT AND ADMINISTRATION—(Susquehanna Meeting Room). Chairperson: Brenda D. Colbert, Esquire, LL.M., CELA. Presenters and Topics Include the Following: Guardianship and Orphans’ Court Rules Update—Honorable Richard M. Hughes, III. Special Needs Planning—Brenda D. Colbert, Esquire, LL.M., CELA. 3:30 P.M.—4:00 P.M. GENERAL SESSION— (Salon CDEF). Elaine Cook, Esquire, President, Wilkes-Barre Law & Library Association, Presentation of the 2014 President’s Award to LARRY S. KEISER, ESQUIRE Larry S. Keiser, Esquire— Acceptance Remarks. 28 4:00 P.M.—5:00 P.M. 5:00 P.M.—5:15 P.M. Hon. Thomas F. Burke, Jr., President Judge, Court of Common Pleas of Luzerne County— A View From the Bench. KEYNOTE ADDRESS— (Salon CDEF). Matt Casey, Esquire Founding Partner, Ross Feller Casey. CLOSING REMARKS: Jamie Anzalone, Esquire, Chairperson, Bench Bar Conference. A PHOTOGRAPH OF BENCH BAR COMMITTEE CHAIRS, WORKSHOP CHAIRS, AND PARTICIPANTS. 5:15 P.M.—6:15 P.M. Cocktails & Hors D’oeuvres (Convention Corridor). PROGRAM DESCRIPTION In response to the invitation of the members of the Bench/Bar Committee of the Wilkes-Barre Law & Library Association, leading practitioners in the above noted practice areas have agreed to conduct workshops outlining recent developments in the indicated practice areas. PROGRAM INFORMATION Program Date: Location: Lunch: Registration Fee: Deadline: Thursday, November 6, 2014. Mohegan Sun at Pocono Downs. Buffet starts at 11:30 a.m. Regular Price is $90.00. W-BLLA MEMBERS: $50.00. W-BLLA YOUNG LAWYERS: $40.00. (Price includes CLE registration, lunch, refreshments, cocktails and hors d’oeuvres.) Payable to “Wilkes-Barre Law & Library Association.” Monday, November 3, 2014. REGISTRATION IS FIRST REGISTERED/ FIRST PAID BASIS. REGISTRATION IS LIMITED. 29 Where to Send: WILKES-BARRE LAW & LIBRARY ASSOCIATION Room 23, 200 North River Street Wilkes-Barre, PA 18711-1001 ---------------------------------------------------------------------REGISTRATION FORM Bench/Bar Conference and Seminar November 6, 2014 Return Registration Form and Check to: Wilkes-Barre Law & Library Association 200 North River Street, Room 23 Wilkes-Barre, PA 18711-1001 Registration Deadline: Monday, November 3, 2014 NAME____________________________________________ ATTORNEY I.D. # ___________ PHONE # ______________ FIRM ______________________________________________ FIRM ADDRESS____________________________________ ___________________________________________________ Registration Fee: Regular Price: $90.00 W-BLLA Members: $50.00 W-BLLA Young Lawyer Members: $40.00 Make check payable to Wilkes-Barre Law & Library Association. Oct. 3—31 30 MARK YOUR CALENDAR September 22: Juvenile Law CLE Program 1:30 p.m. October 6: Red Mass 12 p.m. October 20: Quarterly Meeting 12 p.m. October 22: Social Security Disability CLE 12 p.m. October 23: What You Need to Know About Medical Marijuana CLE 6:30 p.m. November 6: Bench Bar Conference at Mohegan Sun at Pocono Downs 11 a.m. Sept. 12—Oct. 17 ADR MEDIATION & ARBITRATION SERVICES RICHARD G. FINE, ESQUIRE • • • • Court-AppointedCertifiedMediatorsince1994 forMiddleDistrictofPA 45+yearsexperiencerepresentingindividuals andcorporateentitiesincomplexlitigationin StateandFederalCourts 25yearsexperienceasMediator&Arbitrator, successfullyresolvinghundredsofcases Fair,PreparedandReadyToResolveYourCase FINE & WYATT, P.C. (570)343-1197 finerg@comcast.net 31 128 COMMONWEALTH v. MOLLI The Petitioner’s arrest record regarding the charge of Indecent Assault (18 Pa.C.S.A. В§3126(a)4 shall be expunged. All criminal justice agencies upon which this Order is served shall expunge and destroy the official and unofficial records, files and other documents pertaining to the charge (18 Pa.C.S.A.В§3126(a)4) at docket numbers MJ-11103-CR-142-2003 and CP-40CR-3503-2003, offense tracking number H 621768-0, initiated on September 9, 2003 by the Hazleton City Police Department. The Office of Judicial Records & Services—Clerk of Courts Division—is hereby directed to serve a copy of this Order on the parties herein in accordance with R.Crim.P. 114. —————— COMMONWEALTH v. BATTLE Criminal Law and Procedure—Appeal—Pennsylvania Rules of Evidence 404 and 405— Admission of Character Evidence—Relevant Traits—Discretion of Trial Court—Lack of Criminal History—Motion in Limine Granted—Stricken Question—Waiver to Challenge—Pa. R.Crim.P. 607—Weight of Evidence—Requirement to Challenge Before the Court—Sufficiency of Evidence—Standard of Review—Jury is Sole Arbiter. 1. Pennsylvania Rules of Evidence 404 and 405 govern the admission of character evidence. The rules allow evidence of a relevant character trait—such as peacefulness—to be admitted via testimony regarding the defendant’s reputation for that trait. 2. In the matter sub judice, Defendant fails to cite any rule or case that would allow the lack of a criminal history to be generally admitted as evidence of character. 3. The trial court admits or excludes evidence subject to an abuse of discretion standard. 4. In the matter sub judice, the Court holds that it did not abuse its discretion in granting the Commonwealth’s motion in limine precluding the defense from referencing the Defenant’s lack of criminal history. 5. Where counsel objects to comment contained in an opponent’s question and the court sustains the same and orders it stricken from the record and the defendant did not pursue any additional relief, the defendant has waived any further challenges to the court’s handling of the issue. 6. Rule 607 of the Pennsylvania Rules of Criminal Procedure requires that a challenge to the weight of the evidence be raised with the trial court or it is considered waived. 7. In the matter sub judice, Defendant has failed to challenge the weight of the evidence before the Court resulting in any claim on appeal being waived. 32 Luzerne op 7-1 COMMONWEALTH v. BATTLE COMMONWEALTH v. BATTLE 129 8. In reviewing a challenge to the sufficiency of the evidence, the court must determine whether the evidence, including all reasonable inferences drawn therefrom, when viewed in a light most favorable to the Commonwealth as verdict winner, supports the jury finding that all elements of the crimes have been proven beyond a reasonable doubt. 9. The jury as fact-finder is the sole arbiter of the credibility of witnesses and the weight of the evidence and is free to accept all, part or none of the evidence presented. 10. In the matter sub judice, the Commonwealth presented sufficient evidence that, if accepted by the jury, is legally sufficient to sustain the convictions. In the Court of Common Pleas of Luzerne County— Criminal Division—Nos. 1445 and 1471 of 2011. On Appeal to the Superior Court of Pennsylvania. Stefanie J. Salavantis, Esquire, District Attorney, for the Commonwealth. Thomas M. Marsilio, Esquire, for Defendant. Before: Sklarosky, Jr., J. SKLAROSKY, JR., J., April 28, 2014: Opinion Pursuant to Pa. R.A.P. 1925(a) I. Facts and Procedural History Defendant, Maurice Battle, stood trial before a jury in the two (2) above-captioned consolidated cases involving the sale of crack to an undercover police officer.1 At the conclusion of the trial, the jury convicted Defendant of all counts in both cases.2 Thereafter, the Defendant was sentenced by the court in case number 1445 of 2011 to a minimum term of incarceration of three (3) months 1 This was the second trial of these cases, the first ending in a mistrial by hung jury with the exception of one (1) count in case number 1445 of 2011. The Defendant was acquitted of that count charging conspiracy. 2 In case number 1445 of 2011, Defendant was convicted of Count 1, Delivery of a Controlled Substance, 35 Pa. C.S.A. 780-113(a)(30); Count 2, Criminal Conspiracy (to Deliver a Controlled Substance), 18 Pa. C.S.A. 903(a)(1), Count 3, Possession With Intent to Deliver a Controlled Substance, 35 Pa. C.S.A. 780-113(a)(30); and Possession of a Controlled Substance, 35 Pa. C.S.A. 113(a)(16) for conduct occurring on January 25th, 2011. In case number 1471 of 2011, Defendant was convicted of the identical offenses for conduct occuring on February 3rd, 2011. 33 Luzerne op 7-1 130 COMMONWEALTH v. BATTLE to a maximum of twelve (12) months. A consecutive term of twelve (12) months’ probation was imposed in case number 1471 of 2011. In both cases, other terms and conditions of sentence not pertinent to the instant appeal were ordered. On February 12th, 2014, Defendant filed a Notice of Appeal. On February 18th, 2014, the Court issued an order directing the parties to file statements pursuant to Pa. R.A.P. 1925(b). Defendant filed his statement on March 10th, 2014, raising four (4) issues on appeal. The Commonwealth filed its responsive statement on March 13th, 2014. This opinion follows. II. Discussion In his first matter complained of, Defendant claims that the Court erred in granting a Commonwealth motion in limine precluding the defense “from referencing Mr. Battle’s lack of a criminal history ... .” Defendant’s Rule 1925(b) Statement. During argument on the motion, defense counsel asserted that such evidence “goes to my client’s character.” 10/21/2013, N.T. at 2. Pennsylvania Rules of Evidence 404 and 405 govern the admission of character evidence. The rules allow evidence of a relevant character trait—such as peacefulness, see Commonwealth v. Fletcher, 580 Pa. 403, 861 A.2d 898 (2004)—to be admitted via testimony regarding the defendant’s reputation for that trait. Defendant has not directed us to any rule or case allowing the lack of a criminal history to be generally admitted as evidence of character. In addition, we note that Defendant presented a character witness, Danny Mathis, who testified to Defendant’s excellent reputation for being law-abiding. 10/21/2013, N.T. at 111-15. Further34 Luzerne op 7-1 COMMONWEALTH v. BATTLE 131 more, defense counsel argued this evidence to the jury in favor of acquittal. 10/21/2013, N.T. at 156. The trial court admits or excludes evidence subject to an abuse of discretion standard. Commonwealth v. Ballard, 80 A.3d 380 (Pa. 2013). We respectfully submit that we did not abuse our discretion in granting the Commonwealth’s motion in limine. In his second matter complained of, Defendant asserts that the assistant district attorney committed prosecutorial misconduct when he “called [Defendant’s] direct testimony a вЂ�performance.’ ” Defendant’s Rule 1925(b) Statement. Defendant fails to cite to the record. Presumably, he is referring to the following exchange during Defendant’s testimony at the beginning of crossexamination: Question [by ADA]: So, Mr. Battle, just so I’m clear—and I know you put on a great performance there on the end. Defense counsel: Objection, Your Honor. Move to strike. The Court: Sustained. It’s stricken. 10/21/2013, N.T. at 138. Defendant does not in his presentation of matters complained of outline any request for relief or indicate how the court erred. Further, we note that, as the above excerpt manifests, the Defendant did not pursue any additional relief or otherwise object after the Court sustained his objection and ordered the prosecutor’s question (including the comment) stricken from the record. As such, we believe that the Defendant has waived any further challenge to the Court’s handling of the issue. See 35 Luzerne op 7-1 132 COMMONWEALTH v. BATTLE e.g., Commonwealth v. Judy, 978 A.2d 1015 (Pa. Super. 2009). we note further that prior to the commencement of testimony the jury received the following instruction: Sometimes, I may order evidence stricken from the record after you hear it. Whenever I sustain an objection or order evidence stricken from the record, you must completely disregard that evidence when deciding this case. 10/21/2013, N.T. at 9. In sum, we believe that Defendant has failed to demonstrate how the Court erred or that he is otherwise entitled to relief on this issue. Any claim of error here has been waived. Defendant next complains that the verdicts were against the weight of the evidence. Initially, we note that Rule 607 of the Pennsylvania Rules of Criminal Procedure requires that a challenge to the weight of the evidence be raised with the trial court or it is considered waived. Because Defendant has failed to challenge the weight of the evidence before this Court, any claim on appeal has been waived. See Commonwealth v. Griffin, 65 A.3d 932 (Pa. Super. 2013). Lastly, Defendant challenges the sufficiency of the evidence supporting his convictions. Pa. R.Crim.P. 606. In reviewing a challenge to the sufficiency of the evidence, the Court must determine whether the evidence, including all reasonable inferences drawn therefrom, when viewed in the light most favorable to the Commonwealth as verdict winner, supports the jury finding that all elements of the crimes have been proven beyond a reasonable doubt. Commonwealth v. Harris, 572 Pa. 489, 817 A.2d 1033 (2012). In the instant matter, after review of the record this Court has little difficulty in 36 Luzerne op 7-1 COMMONWEALTH v. BATTLE 133 concluding that the aforementioned standard has been satisfied. The Commonwealth presented at trial Adam Christian (Christian) a Corporal with the Swoyersville Police Department and member of the Luzerne County Drug Task Force. He testified that he was investigating one Sabre Carpenter (Carpenter) of Marion Terrace apartments as a source of crack cocaine. Through use of a confidential informant (CI), Christian was able to arrange the purchase of crack from Carpenter on January 25, 2011. On that day, Christian went to Carpenter’s apartment to purchase crack. Carpenter made a phone call and indicated that she “needed stuff.” Shortly thereafter, the Defendant appeared at the apartment.3 While in the kitchen area, Christian handed Carpenter $150.00 in United States currency which she then gave to the Defendant. The Defendant, who had a white chunky substance in his hand, placed the substance (which later tested positive for crack cocaine) in a baggie and gave it to Carpenter, who handed it to Christian. The Defendant then left. This crack was identified by Christian and admitted into evidence as Commonwealth Exhibit #1. 10/21/2013, N.T. at 30-34. Christian also testified to a controlled buy made from Carpenter on February 3rd, 2011. Like the first buy, it was arranged utilizing a CI. After arriving at Carpenter’s apartment, she made a phone call. Shortly thereafter, the Defendant arrived and everyone went into the kitchen area. At that point, Christian handed Carpenter $210.00 in recorded United States currency which she gave to the Defendant. The Defendant then gave Carpenter a 3В We note that the record indicates that the Defendant is a uniquely large individual. He is about six (6) feet, eleven (11) inches tall and weighs about four hundred (400) pounds. 37 Luzerne op 7-1 134 COMMONWEALTH v. BATTLE baggie of crack cocaine which she handed to Christian. Christian then left and went to the Hanover Township Police Station where he turned over the crack to Officer Mark Stefanowicz, the case officer. This crack was identified and admitted into evidence as Commonwealth Exhibit #2.4 10/21/2013, N.T. at 37-42. Further a stipulation was read into the record regarding the chain of custody of the crack and the fact that both exhibits were analyzed by the Pennsylvania State Police, tested positive for crack cocaine, and weighed 1.3 and 1.6 grams, respectively. 10/21/2013, N.T. at 105-107. The other witness presented by the Commonwealth was Officer Mark Stefanowicz (Stefanowicz) of the Hanover Police Department. He was the case officer of the Carpenter drug investigation. On the two dates at issue, he was the surveillance officer for the controlled buys. On February 3rd, 2011, Stefanowicz was in a marked K-9 unit and conducted a traffic stop of the Defendant for traveling 41 m.p.h. in a 25 m.p.h. speed limit zone. The Defendant, who provided a New Jersey driver’s license, was identified as Maurice Battle as a result of this traffic stop. The Defendant was given a warning for the speeding infraction. 10/21/2013, N.T. at 68-75. The Defendant testified and denied any involvement in either drug sale. He also presented a character witness who testified that the Defendant has an excellent reputation for being law-abiding. It is clear that the jury as a fact-finder is the sole arbiter of the credibility of witnesses and the weight of the evidence and is free to accept all, part, or none of 4 This is referred to as Commonwealth Exhibit #12 in the record. N.T. at 41. However, the Court believes this to be an error as our trial notes list it as Commonwealth Exhibit #2. 38 Luzerne op 7-1 COMMONWEALTH v. BATTLE 135 the evidence presented. See Commonwealth v. Brown, 538 Pa. 410, 648 A.2d 1177 (1994); Commonwealth v. Davis, 518 Pa. 77, 541 A.2d 315 (1988). The Commonwealth presented sufficient evidence that, if accepted by the jury, is legally sufficient to sustain the convictions. See generally, Commonwealth v. Murphy, 577 Pa. 275, 844 A.2d 1228 (2004) (evidence sufficient for delivery conviction); Commonwealth v. Morrow, 437 Pa. Super. 584, 650 A.2d 907 (1994) (evidence sufficient for delivery conviction); Commonwealth v. Lanager, 360 Pa. Super. 578, 521 A.2d 53 (1987) (evidence sufficient for conspiracy conviction; delivery can be actual or constructive); Commonwealth v. Torres, 421 Pa. Super. 233, 617 A.2d 812 (1992) (evidence sufficient for paraphernalia conviction). ORDER Upon review of the record in the above-captioned matter, it is hereby ORDERED AND DIRECTED that the attached Opinion is entered pursuant to Pa.R.A.P. 1925(a) in response to Defendant’s Statement of Matters Complained of on Appeal. It is further ORDERED AND DIRECTED that the Clerk of Courts/Office of Judicial Records shall transmit this Order and Opinion to the Superior Court of Pennsylvania within FIVE (5) DAYS OF FILING and shall serve a copy of same on all counsel of record pursuant to Pa.R.Crim.P. 114. [EDITOR’S NOTE: Appeal filed to the Superior Court of Pennsylvania. See Luzerne County Criminal Docket Nos. 1445 and 1471 of 2011.] 39 Luzerne op 7-1 THE LUZERNE LEGAL REGISTER DECEDENTS’ ESTATES Notice is hereby given that letters testamentary or of administration have been granted in the following estates. All persons indebted to said estates are required to make payment and those having claims or demands to present the same without delay to the administrators or executors named or their attorneys ESTATE OF DELBERT J. McDERMOTT, SR., late of West Wyoming (died January 21, 2014), Delbert J. McDermott, Jr., Executor; Kevin R. Grebas, Esquire, Colbert & Grebas, P.C., 210 Montage Mountain Rd., Suite A, Moosic, PA 18507 ESTATE OF JUAN F. MIRANDA, late of West Wyoming (died May 13, 2012), Jeanine Loftus, Executrix; Kelley, Polishan & Solfanelli, LLC, 259 S. Keyser Ave., Old Forge, PA 18518 FIRST PUBLICATION ESTATE OF JOSEPH E. BANJOCK, late of Kingston (died September 13, 2014), Demetrius W. Fannick, Executor; Kevin M. Walsh, Esquire, 297-299 Pierce St., Kingston, PA 18704 ESTATE OF ERMA A. MUSTO, late of Wilkes-Barre (died January 8, 2014), Mary Lou Webb, Administratrix; Donald T. Rogers, Esquire and Michael D. Rogers, Esquire, 63 West River St., Wilkes-Barre, PA 18702 ESTATE OF MARY CAPLO, late of Hazleton (died September 18, 2014), Rita Libonati, Executrix; William J. Schneider, Esquire, 439 West Broad St., Hazleton, PA 18201-6106 ESTATE OF DOROTHY MARTHA NOYLE, late of Forty Fort (died November 12, 2003), Judith A. Lane, Administratrix; Bruce J. Phillips, Esquire, Caverly, Shea, Phillips & Rodgers, LLC, 15 Public Sq., Suite 210, Wilkes-Barre, PA 18701 ESTATE OF JOSEPHINE DIGNANI, late of Nanticoke (died May 21, 2014), John J. Halat, Executor; Pyrah/Stevens, LLC, 575 Pierce St., Suite 303, Kingston, PA 18704 ESTATE OF FREDERICK E. PETERS a/k/a Fred Peters, late of Conyngham (died August 30, 2014), Louise Ann LeVitre of Raymond, ME and Jeffrey A. Peters of Belt, MT, Co-Executors; Conrad A. Falvello, Esquire, The Falvello Law Firm, P.C., 314 Main St., Suite A, Sugarloaf, PA 18249 ESTATE OF GARY A. EVANS, late of Harveys Lake (died September 19, 2014), Todd W. Evans, Executor; Matthew E. Reinert, Esquire, 63 Pierce St., Kingston, PA 18704 ESTATE OF LEONA ORETTA FILIP, late of Wilkes-Barre (died August 4, 2014), Thomas M. Filip, Administrator; Anthony G. Ross, Esquire, 126 South Main St., Pittston, PA 18640 ESTATE OF THERESA REGULLA, late of Wyoming (died August 2, 2014), Joan Tuttle, Administratrix; Thomas P. Brennan, Esquire, Gallagher, Brennan & Gill, 220 Pierce St., Kingston, PA 18704 ESTATE OF BENNY E. HOWE, late of Plains (died September 2, 2014), Kevin E. Howe, Executor; Jannell L. Decker, Esquire, 1043 Wyoming Ave., Forty Fort, PA 18704 ESTATE OF AGNES C. SCHAFER a/k/a Agnes C. Horn Schafer, late of Freeland (died January 29, 40 THE LUZERNE LEGAL REGISTER 2012), Burton E. Schafer, Executor; Albert F. Maier, Jr., Esquire, 820 Main St., Freeland, PA 18224 ESTATE OF NEIL T. BOVE, late of Hazleton (died August 22, 2014), Judy Kisenwether and Dolores Forte, Co-Executrices; George R. Hludzik, Esquire, 67 West Butler Dr., Drums, PA 18222 ESTATE OF THEODORE SKRAINY, late of Swoyersville (died September 17, 2014), Sophie Pointon, Executrix; Frank J. Aritz, Esquire, 23 West Walnut St., Kingston, PA 18704 ESTATE OF FLORENCE C. CIAMPI, late of Berwick (died August 31, 2013), Carol G. Ciampi, Executrix; Elwood R. Harding, Jr., Esquire, Harding, Hill & Turowski, LLP, 38 West Third St., Bloomsburg, PA 17815 ESTATE OF JOSEPH STOSHICK a/k/a Joseph R. Stoshick, late of Dupont (died May 19, 2014), David Stoshick, Executor; Michael J. Kizis, Esquire, 61 N. Washington St., Wilkes-Barre, PA 18701 ESTATE OF ALBERT S.D. CUPP a/k/a Albert D. Cupp a/k/a Albert S. Cupp, late of Freeland (died September 19, 2014), Stanley A. Cupp, Administrator; Anthony J. Lucadamo, Esquire, Kennedy & Lucadamo, P.C., 200 West Chapel St., Hazleton, PA 18201 ESTATE OF THOMAS B. VELGUS, late of Plymouth (died April 1, 2014), Josita Warman, Executrix; Marsha Ann Basco, Esquire, 792 Market St., Kingston, PA 18704 ESTATE OF LYNN WARGO, late of Glen Lyon (died September 22, 2014), Michael J. Wargo, Administrator; Caelie McCormick Sweigart, Esquire, One South Main St., 3rd Floor, Wilkes-Barre, PA 18701 ESTATE OF WILLIAM FINN a/k/a William J. Finn, late of WilkesBarre (died May 8, 2014), Terrance Finn, Executor; Robert E. Marsh, Esquire, Marsh & Associates, LLC, 140 Maffet St., Plains, PA 18705 ESTATE OF FELIX P. WAWER, late of Swoyersville (died July 30, 2014), Felix J. Wawer, Administrator; Kevin M. Walsh, Esquire, 297-299 Pierce St., Kingston, PA 18704 ESTATE OF JOSEPH A. FRANK, late of Laflin (died September 5, 2014), Joseph A. Frank, Jr., Executor; Hourigan, Kluger & Quinn, P.C., 600 Third Ave., Kingston, PA 18704 SECOND PUBLICATION ESTATE OF JOHN AIBUKAS, late of Edwardsville (died June 28, 2014), Caroline Aibukas, Administratrix; Hiscox & Musto, 400 Third Ave., Suite 201, Kingston, PA 18704 ESTATE OF HUBERT T. GILMORE a/k/a Hugh T. Gilmore, late of Bear Creek Twp. (died September 4, 2014), Joseph G. Albert, Esquire, 458 Wyoming Ave., Suite 201, Kingston, PA 18704, Executor ESTATE OF PAUL JOSEPH BERETSKY, late of Kingston (died April 7, 2014), Summer Bukeavich, Administratrix; James D. Casale, Esquire, Casale & Bonner, P.C., 33 West Third St., Suite 202, Williamsport, PA 17701 ESTATE OF JACOB S. KAHN, late of Newport Twp. (died September 30, 2013), David J. Harris, Esquire, 69 Public Sq., Suite 700, WilkesBarre, PA 18701, Executor 41 THE LUZERNE LEGAL REGISTER ESTATE OF MARK KELBER, late of Hazleton (died June 13, 2014), Kimberly Stevenson, Administratrix; Frank Bognet, Esquire, P.O. Box 277, Hazleton, PA 18201 2014), Mary Ann McGeehan, 424 Park St., Freeland, PA 18224, Executrix; Pasco L. Schiavo, Esquire, 1 Columbus Place, 199 North Church St., Hazleton, PA 18201-5874 ESTATE OF CECILIA LOMBARDO, late of Pittston (died August 16, 2014), Guy A. Lombardo, Sr., Executor; Saporito, Saporito & Falcone, 490 North Main St., Pittston, PA 18640 ESTATE OF WAYNE R. VOLCIAK, late of Hazleton (died August 31, 2014), Samantha A. Volciak, Executrix; Theodore R. Laputka, Jr., Esquire, 19 East Broad St., Hazleton, PA 18201 ESTATE OF HELEN M. MAYEWSKI a/k/a Helen M. Majewski, late of Duryea (died August 13, 2014), Eugene Majewski, Executor; Barry J. Chromey, Esquire, 1016 Pittston Ave., Suite 200 A., Scranton, PA 18505 ESTATE OF ANTOINETTE R. WARUNEK, late of Dupont (died August 29, 2010), Lisa Zurek, Administratrix; Saporito, Saporito & Falcone, 490 North Main St., Pittston, PA 18640 THIRD PUBLICATION ESTATE OF WILLIAM F. McGEEHAN, JR. a/k/a William F. McGeehan, late of Hazleton (died July 31, 2014), Scott Robert McGeehan, Executor; Joseph R. Ferdinand, Esquire, 67 North Church St., Hazleton, PA 18201 ESTATE OF CORA BLOOM, late of Hunlock Creek (died July 16, 2014), Ginny F. Begin, Administratrix; Robert A. Bull, Esquire, Law Offices of Bull, Bull & McDonald, 106 Market St., Berwick, PA 18603 ESTATE OF JOAN ANN MORINI a/k/a Joan A. Morini, late of Drums (died August 23, 2014), Carol Salnicky and Janice Generose, Executrices; Anthony J. Lucadamo, Esquire, Kennedy & Lucadamo, P.C., 200 West Chapel St., Hazleton, PA 18201 ESTATE OF THOMAS FRANCIS BRADDOCK, JR. a/k/a Tim Braddock, late of Foster Twp. (died August 28, 2014), Gale Ann Braddo c k, E xecu tr i x; G eor g e R . Hludzik, Esquire, 67 West Butler Dr., Drums, PA 18222 ESTATE OF JOSEPH F. PUGLIESE, late of Dallas (died September 17, 2014), Joanne Carpenter, Executrix; Rosenn, Jenkins & Greenwald, LLP, 15 South Franklin St., Wilkes-Barre, PA 18711-0075 ESTATE OF ANTHONY C. FALVELLO, late of Sugarloaf (died February 27, 2014), Marie C. Falvello, Executrix; Conrad A. Falvello, Esquire, The Falvello Law Firm, P.C., 314 Main St., Suite A, Sugarloaf, PA 18249 ESTATE OF EDITH SKUBITS, late of Wilkes-Barre (died August 8, 2014), Eleanor A. Pearce, Executrix; Christine M. Trottini, Esquire, 49 South Main St., Suite 105, Pittston, PA 18640 ESTATE OF BARBARA A. GARREN, late of Hunlock Creek (died December 16, 2013), Theresa Siergiej, 59 Old Tavern Rd., Hunlock Creek, PA 18621, Executrix ESTATE OF LUCILLE TARILLA, late of Foster Twp. (died July 19, ESTATE OF MARY A. HAYDUK a/k/a Mary Hayduk, late of Hanover 42 THE LUZERNE LEGAL REGISTER Twp. (died August 9, 2014), John R. Hayduk, Executor; Dominick P. Pannunzio, Esquire, 294 Main St., Dupont, PA 18641 ESTATE OF JOHN W. SABA, SR. a/k/a John W. Saba a/k/a John Saba, Sr., late of Dallas (died September 7, 2014), Scott Saba, Executor; Paula G. Bregman, P.C., 1205 Wyoming Ave., Forty Fort, PA 18704 ESTATE OF ALICE MARY HOGAN a/k/a Alice M. Hogan, late of Plymouth (died September 11, 2014), Kathleen Duhoski, 208 Peacock Dr., Larksville, PA 18704, Patricia Kovach, 320 Mountain Rd., Larksville, PA 18651 and Mary Menio, 430 Orchard St., Larksville, PA 18704, Executrices ESTATE OF JOHN SHERIDAN, late of Nanticoke (died May 18, 2014), Deborah A. Lewis, Executrix; Michael D. Yelen, Esquire, 1000 Citizens Bank Center, 8 West Market St., Wilkes-Barre, PA 18701 ESTATE OF FLORENCE R. SOSAR, late of Hazleton (died July 27, 2014), Thomas M. Sosar, 515 East Biddle St., P.O. Box 12, Gordon, PA 17936 and David P. Sosar, 338 West Second St., Hazleton, PA 18201, Executors; Pasco L. Schiavo, Esquire, 199 North Church St., 1 Columbus Place, Hazleton, PA 18201-5874 ESTATE OF RUTH R. JAIKES, late of Kingston (died July 8, 2013), Mark Jaikes, Administrator; Matthew J. Parker, Esquire, Marshall, Parker & Weber, LLC, 1065 Highway 315, Suite 402, Wilkes-Barre, PA 18702 ESTATE OF JOAN A. LESKOVICZ, late of Ashley (died July 6, 2014), Amelia A. Petroski, Executrix; John P. Finnerty, Esquire, 75 Glenmaura National Blvd., Moosic, PA 18507 ESTATE OF ANNE M. STAJEWSKI a/k/a Anne Stajewski, late of Wilkes-Barre (died June 3, 2014), Charles Stajewski, Executor; Brian A. Bufalino, Esquire, 132 Wakefield Rd., Shavertown, PA 18708 ESTATE OF JOSEPH PENXA, late of Dallas (died August 19, 2014), Mary D. Penxa, Executrix; Paul M. Pugliese, Esquire, Pugliese, Finnegan, Shaffer & Ferentino, LLC, 575 Pierce St., Suite 500, Kingston, PA 18704 ESTATE OF GEORGE J. TIGHE a/k/a George James Tighe, late of Pittston (died August 8, 2012), Anne M. Tighe, Executrix; Saporito, Saporito & Falcone, 490 North Main St., Pittston, PA 18640 ESTATE OF RICHARD J. POLINSKY, late of Luzerne County (died August 16, 2014), Mary Margaret Hetro, Executrix; Marsha Ann Basco, Esquire, 792 Market St., Kingston, PA 18704 ESTATE OF MARGARET WHARTON, late of Exeter (died September 5, 2014), Michelle Shimonis, 511 Meyers St., Duryea, PA 18642, Executrix ESTATE OF CLARENCE LOUIS WHITING, late of Dallas (died July 21, 2014), Thomas E. Mossellem, 18850 Furnace Road, Mercersburg, PA 17236, Executor; James M. Schall, Esquire, Dick, Stein, Schemel, Wine & Frey, LLP, 119 North Second Street, McConnellsburg, PA 17233 ESTATE OF THERESA A. RALLO, late of Forty Fort (died August 3, 2014), John A. Rallo, Sr., Administrator; James L. Bobeck, Esquire, Saunders & Rooney, P.C., 117 West Main St., Plymouth, PA 18651 43 THE LUZERNE LEGAL REGISTER IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY CIVIL ACTION—EQUITY ——— 9728 of 2014 ——— KELLY MANNING vs. JESSICA McGOLDRICK ——— IN PARTITION ——— NOTICE ——— TO: JESSICA McGOLDRICK, 96 WEST CAREY ST., PLAINS, PA 18705 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS ESTATE OF MARGARET E. WIMMER, late of Luzerne (died August 15, 2014), Scott Wimmer, Administrator; Coslett & Coslett, Attorneysat-Law, The Coslett Building, 312 Wyoming Ave., Kingston, PA 18704-3504 —————— NOTICE OF HEARING ——— To: Laura DeStefano A Petition has been filed asking the Court to put an end to all rights you have to your child, J.R.S. The Court has set a hearing to consider ending your rights to your child. That hearing will be held in the Orphans’ Courtroom, Luzerne County Courthouse, Judge Bernard C. Brominski Building, 113 West North Street, Wilkes-Barre, Pennsylvania 18711 on November 26, 2014 at 11:30 a.m. Your presence is required at the hearing. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. North Penn Legal Services, Inc. 33 North Main St. Suite 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 Toll Free (570) 824-0001 Fax or 101 West Broad St. Suite 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Toll Free (570) 455-3625 Fax Oct. 10, 17, 24 44 THE LUZERNE LEGAL REGISTER OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO A USTED SE LE HA DEMANDADO EN LA CORTE. Si usted quiere defenderse contra la demanda expuesta en las siguientes pГЎginas, tiene que tomar acciГіn en un plazo de veinte (20) dГas despuГ©s que reciba esta demanda y aviso, por presentar una notificacГon de comparecencia escrita personalmente o por abogado y radicar por escrito en la Corte sus defensas u objeciones a las demandas presentadas en su contra. Se le advierte que si falla en hacerlo, el caso podrГa seguir adelante sin usted y un fallo podrГa ser dictado en su contra por la Corte sin previo aviso por cualquier dinero reclamado en la demanda o por cualquier otro reclamo o desagravio pedido por el/la demandante. Puede que usted pierda dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO, DIRГЌJASE O LLAME POR TELГ‰FONO A LA OFICINA CUYA DIRECCIГ“N SE ENCUENTRA ABAJO. ESTA OFICINA PUEDE PROVEERLE CON INFORMACIГ“N SOBRE COMO CONTRATAR UN ABOGADO. SI NO TIENE LOS FONDOS SUFICIENTES PARA CONTRATAR UN ABOGADO, ESTA OFICINA PODRГЌA PROPORCIONARLE INFORMACIГ“N ACERCA DE AGENCIAS QUE PUEDAN OFRECERLES SERVICIOS LEGALES A PERSONAS QUE REГљNAN LOS REQEQUISITOS A UN HONRARIO REDUCIDO O GRATIS. North Penn Legal Services, Inc. 33 N. Main Street Suite 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 Toll Free (570) 824-0001 Fax or 101 West Broad Street Suite 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Toll Free (570) 455-3625 Fax Servicios Legales de North Penn, Inc. 33 La Calle Main del Norte Oficina 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 Llamada gratuita (570) 824-0001 Fax 101 la Calle Broad del Oeste Oficina 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Llamada gratuita (570) 455-3625 Fax Oct. 10, 17, 24 —————— NOTICE ——— NOTICE IS HEREBY GIVEN that Articles of Dissolution have been filed with the Department 45 THE LUZERNE LEGAL REGISTER of State, Commonwealth of Pennsylvania on behalf of T. Bella Enterprises, Inc., 139 White Birch Lane, Dallas, Pennsylvania 18612, on September 9, 2014. ANGELO C. TERRANA, JR., ESQUIRE LAW OFFICES OF TERRANA LAW, P.C. 400 Third Avenue Suite 117 Kingston, PA 18704 (570) 283-9500 Oct. 10 —————— IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY CIVIL ACTION—LAW ——— NO. 9288-2014 ——— BRUCE H. FINE, 342 Hobbie/ Wapwallopen Road, Wapwallopen, PA 18660, Plaintiff v. ANTONIO MANNINO, 48 Jay Street, Wilkes-Barre, PA 18705, Defendant ——— NOTICE TO DEFEND ——— TO: Antonio Mannino, 48 Jay Street, Wilkes-Barre, PA 18705 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. NORTH PENN LEGAL SERVICES 33 North Main Street Suite 200 Pittston, PA 18640 (570) 299-4100 Toll Free: (855) 236-6405 or 101 West Broad Street Suite 513 Hazleton, PA 18201 (570) 455-9512 Toll Free: (877) 515-7628 AVISO A USTED SE LE HA DEMANDADO EN LA CORTE. Si usted quiere defenderse contra la demanda expuesta en las siguientes pГЎginas, tiene que tomar acciГіn en un plazo de veinte (20) dГas despuГ©s que reciba esta demanda y aviso, por presentar 46 THE LUZERNE LEGAL REGISTER una notificaciГіn de comparecencia escrita personalmente o por un abogado y radicar por escrito en la Corte sus defensas u objeciones a las demandas presentadas en su contra. Se le advierte que si falla en hacerlo, el caso podrГa seguir adelante sin usted y un fallo podrГa ser dictado en su contra por la Corte sin previo aviso por cualquier dinero reclamado en la demanda o por cualquier otro reclamo o desagravio pedido por el/la demandante. Puede que usted pierda dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TINENE ABOGADO, DIRГЌJASE O LLAME POR TELГ‰FONO A LA OFICINA CUYA DIRECCIГ“N SE EXCUENTRA ABAJO. ESTA OFICINA PUEDE PROVEERLE CON INFORMACIГ“N SOBRE COMO CONTRATAR UN ABOGADO. SI NO TIENE LOS FONDOS SUFICIENTES PARA CONTRATAR UN ABOGADO, ESTA OFICINA PODRГЌA PROPORCIONARLE INFORMACIГ“N ACERCA DE AGENCIAS QUE PUEDEN OFRECERLES SERVICIOS LEGALSES A PERSONAS QUE REГљNAN LOS REQEQUISITOS A UN HONORARIO REDUCIDO O GRATIS. Servicios Legales de North Penn, Inc. 33 la Calle Main del Norte Oficina 200 Pittston, PA 18640 (570) 299-4100 (855) 236-6405 Llamada gratuita or 101 la Calle Broad del Oeste Oficina 513 Hazleton, PA 18201 (570) 455-9512 (877) 515-7628 Llamada gratuita Oct. 10 —————— IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION—AT LAW QUIET TITLE ACTION ——— NO. 3830 OF 2014 ——— SQUARE 1 HOME IMPROVEMENT, INC. Plaintiff vs. JOSE GRULLON and BANK OF AMERICA, NA, their personal representatives, heirs, transferees, successors, and/or assigns, as their interests may appear, Defendants ——— ACTION TO QUIET TITLE ——— NOTICE IS HEREBY GIVEN to Jose Grullon, a within named defendant and generally his heirs, successors and assigns, all being defendants hereby, that on March 24, 2014, the within named Plaintiff commenced an action against you as defendant by its Complaint filed on said date to No. 3830 of 2014 in the Court of Common Pleas of Luzerne County, Pennsylvania (Civil Action—Law), subsequently reinstated, to quiet the title of said plaintiff to the premises or improved land described as follows: 47 THE LUZERNE LEGAL REGISTER YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. North Penn Legal Services 33 North Main Street Suite 200 Pittston, PA 18640 (570) 299-4100 or 101 West Broad Street Suite 513 Hazleton, PA 18201 (570) 455-9512 WILLIAM J. WATT, III, ESQUIRE Attorney for Plaintiff 490 North Main Street Suite 202 Pittston, PA 18640 Oct. 10 —————— NOTICE OF ACTION IN MORTGAGE FORECLOSURE ——— IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY, PENNSYLVANIA CIVIL ACTION—LAW ——— No. 2014-7943 ——— BAYVIEW LOAN SERVICING, LLC Plaintiff vs. ROSE MARIE CIANCI, PHILIP J. CIANCI, in his capacity as Administrator and Heir of the Estate of PHILIP M. CIANCI, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ALL THAT CERTAIN piece, parcel or lot of land situate in the City of Hazleton, County of Luzerne and Commonwealth of Pennsylvania, known as Number 3 and 4 of Block 91, Heights and approximately sixty-four (64’) feet by one hundred sixteen (116’) feet. BEING the same improved premises conveyed by John M. Stash and Michele L. Stash, his wife, by her Attorney in Fact, John M. Stash to Jose Grullon, a defendant herein, by Deed dated June 30, 2005 and recorded on July 7, 2005 in Luzerne County Record Book 3005 at Page 166165. AND FURTHER BEING the same premises conveyed by the Tax Claim Bureau of the County of Luzerne, Pennsylvania, as Trustee/Grantor to said plaintiff, Square 1 Home Imp. Inc., by Tax Claim Bureau Deed Judicial Sale dated September 25, 2012 and recorded on October 16, 2012 in Luzerne County Record Book 3012 at Page 182688. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you, and a judgment may be entered against you by the Court without further notice for the relief requested by the Plaintiff in the Complaint. 48 THE LUZERNE LEGAL REGISTER ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PHILIP M. CIANCI, DECEASED, Defendants ——— NOTICE ——— To: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PHILIP M. CIANCI, DECEASED You are hereby notified that on July 9, 2014, Plaintiff BAYVIEW LOAN SERVICING, LLC, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Commmon Pleas of LUZERNE County, Pennsylvania, docketed to No. 2014-7943. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1032 PLANE STREET, AVOCA, PA 18641-1728 whereupon your property would be sold by the Sheriff of LUZERNE 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 personally or by attorney and file your defenses 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Notice to Defend: North Penn Legal Services, Inc. 33 N. Main Street Suite 200 Pittston, PA 18640 (570) 299-4100 (877) 953-4250 or 101 West Broad Street Suite 513 Hazleton, PA 18201 (570) 455-9512 (877) 953-4250 Oct. 10 —————— NOTICE ——— IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY ORPHANS’ COURT DIVISION ——— ADOPTION NO. A-8257 ——— IN RE: ADOPTION OF JADEN ROBERT MAURER-SCOTT ——— TO: LEEANN SCOTT A Petition has been filed asking the Court to put an end to all 49 THE LUZERNE LEGAL REGISTER rights you, Leeann Scott, have to your child, Jaden Robert MaurerScott. That hearing will be held at Orphans’ Court in the Bernard C. Brominski Building, 113 West North Street, 3rd Floor, WilkesBarre, Pennsylvania 18711 on October 29, 2014 at 2:00 p.m. You are warned that if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child may be ended by the Court without your being present. You have the right to be represented at this hearing by an attorney. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ONE OF THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NORTH PENN LEGAL SERVICES, INC. 33 North Main Street Suite 200 Pittston, PA 18640 (570) 299-4100 (phone) (877) 953-4250 (toll free) (570) 824-0001 (fax) or 101 West Broad Street Suite 513 Hazleton, PA 18201 (570) 455-9512 (phone) (877) 953-4250 (toll free) (570) 455-3625 (fax) ANGELA F. STEVENS, ESQUIRE PYRAH/STEVENS, LLC 575 Pierce Street Suite 303 Kingston, PA 18704 Oct. 3, 10, 17 NOTICE ——— Please be advised, a hearing has been scheduled for the following cases on November 5, 2014 at 10:00 A.M. at the Luzerne County Courthouse, 200 N. River Street, Wilkes-Barre, PA 18711 on a Petition to Dispose of Stored Weapons. These weapons were confiscated and stored pursuant to the following legal proceedings and the enforcement of the Pennsylvania Domestic Relations Code. At this time, despite the expiration of the court orders in the referenced cases, the weapons remain in the possession of the Luzerne County Sheriff. The defendants in the referenced cases are advised to appear at the hearing with identification and proof of ownership in order to seek return of the weapon(s). Further, you may appear any time prior to the hearing at the Luzerne County Sheriff to provide identification and certification of ownership of the weapons to seek return of the weapons. If you do not appear, the hearing will proceed based upon the evidence presented to the Court at that time and your weapon(s) shall be forfeited. Plaintiff v. Defendant, Case No. Lorraine Allen v. Ray L. Adams, 2127-05. Adam K. Hubson v. Jennifer Allen, 7100-03. Jessica Burgos v. Guy Antolick, 3294-08. Diane Asfar v. Alex Asfar, 399-98. Mary Pat Baines v. John Baines, 4410-97. 50 THE LUZERNE LEGAL REGISTER Jessica Bender v. Sebastion Balogh, 4251-01. Lynn Savidge v. George Baran, 885-94. Amanda Webb v. Ronald Barbee, 6352-08. Robert Brandy v. Dave Barrington, 1541-02. Jennifer L. Bechetti v. Dominick Bechetti, 4123-00. Kay Lucas v. Dale Bellfield, 5486-05. Anita Blackburn v. Ray Blackburn, 788-99. Tiffany Chamberland v. Clifton Blake, 14569-08. Katherine M. Cerda v. Scott Bottone, 5299-01. Deborah Briggs v. David Briggs, 7116-09. Tammy Broskoski v. Rob Broskoski, 13865-09. Bonnie Kobal v. Steve Brotzman, 1424-05. Darlene Tomasura v. James Buziak, 5221-01. Stephanie Rubenstein v. Daniel Capece, 3809-02. Mary Ann Chapman v. William Chapman, 5982-00. Juliet Chapman v. Kenneth Chapman, 1524-00. Stephanie Rubenstein v. Daniel Citsay, 4913-01. Selena Cognigni v. Christian Cognigni, 5455-04. Bethann Warnagiris v. Greg Concert, 2301-95. Barbara Kreig v. Kenneth Cool, 15196-08. Terri Covert v. Jack Covert, 5137-00. Unidentified Person v. Stephen Cravath, 7055-99. Unidentified Person v. Raymond C. Cupinski, 9990-09. Dawn Dowling v. Noel DeJesus, 6234-93. Wendy De Leo v. Robert De Leo, 7707-99. Paula Delia v. Harold Delia, 7188-00. Dawn Dowling v. Anthony DeRosia, 17473-00. Lori Dias v. Harry Dias, 246100. Jill A. Gai v. Joseph Dobash, 7441-93. Sharon Doran v. James Doran, 1943-99. Toriann Eichmuller v. Ernie Eichmuller, 7572-01. Toriann Eichmuller v. Ernie Eichmuller, 7903-00. Jodi English v. John M. English, 5554-01. Michelle Iben v. David Etzweiler, 5410-09. Theresa Sweet v. Ronald Evancho, 4074-96. Unidentified Person v. Thomas Evans, 5155-01. Carla Neberdosky v. Charles Fenner, 2708-01. Philomena Volpicelli v. Fran Figerski, 8362-01. Nicole Millard v. Philip Fink, 8213-10. Mary Greco v. George Fink, Sr., 1280-01. Micheal Finley v. Daneen Finley, 14662-09. Rebecca Fitzpatrick v. Kevin Fitzpatrick, 2364-00. Donna Fleig v. Timothy Fleig, 2664-93. John Walton v. Tina Flores, 2678-00. Will Oliver v. Marian Foose, 1673-02. William Oliver v. Shawn Ford, 2320-01. 51 THE LUZERNE LEGAL REGISTER Maria E. Humphrey v. Michael A. Hozlock, 8323-07. Karen Lockwood v. Lee Houser, 8701-08. Lisa Stracka v. Joseph Hunsinger, 2114-98. Annette Spano v. Robert Huffman, 2556-99. Donja Icanovic v. Kasim Icanovic, 7297-02. Lynn Jenkins v. Robert Jenkins, 12796-06. Michelle Jeter v. Eric Jeter, 6422-00. Noreen Corbett Johnson v. Dean Johnson, Sr., 3562-00. Unidentified Person v. Brenda Kinney, 7908-99. Christie A. Kipa v. Andrew Kipa, 3504-01. Unidentified Person v. Ira Kivler, 1088-99. Frank L. Creasy v. Donna Kolensky, 4720-02. Unidentified Person v. Peter Konnick, 4355-97. Katy Kiryluk v. Stephen Kosko, Sr., 4355-97. Unidentified Person v. Thomas Kreiger, 17918-10. Raymond Laird v. Rose Laird, 6308-00. Joanne Morganti v. Aurthur Lankowski, 7751-00. Sandra Miller v. Christopher Lane, 2995-01. Edward Negron v. Lisa Leggio, 6701-01. Jennifer L. Cooper v. Scott LeGrande, 1741-94. Daisy J. Poole v. Harold Levi, 6121-00. Rachel Coriano v. Nicholas Link, 11968-09. Christine Lombardo v. Patrick Lombardo, 0885-00. Allison Fuller v. Joel Fuller, 7808-08. Kathleen Funket v. Joseph Funket, 3711-01. Elizabeth Garibaldi v. John Garibaldi, 6197-07. Geraldine O’Donnell v. Marco Genery, 6668-01. Maria George v. Donald A. George, Jr., 4051-99. Lyn Soboleski v. William Giberson, 5023-03. Florence Wallace v. Frank Gramazio, 5995-99. Dihona Taltoan v. William Gregory, 0604-09. John Gryskavicz v. Angela Gryskavicz, 13083-08. Joanne Gunshore v. Greg Gunshore, 5682-01. Elaine Haines v. Edward Haines, 4553-00. Christina L. Jones v. Brian Hampel, 8133-01. Kathy Harvey v. Richard Harvey, 3278-04. Geralyn Quigley v. Michael Hatrak, 5465-01. Cynthia Haynes v. Timmie Haynes, 7274-97. Danny Heckman v. Donna Heckman, 7969-98. Alice Heffernan v. Ann Heffernan-Koval, 10116-08. Gail A. Hencheski v. John P. Henchenski, 3426-01. Olga Herrero v. Raul Herrero, 10211-09. Michelle Reakes v. Michael Hines, 3503-06. Kathleen Shannon v. Rodney Hines, 2527-99. Unidentified Person v. William Huber, 3778-01. Unidentified Person v. William Huhn, 3273-01. 52 THE LUZERNE LEGAL REGISTER Laura L. Robinsky v. Tom Pretzman, 4841-02. Arlene B. Regan v. Jude F. Regan, 7094-02. Jean M. Remiller v. George Remiller, 2423-03. Charlotte Robbins v. Robert Robbins, 6068-96. Stacey Roediger v. Richard Roediger, 2444-08. Holly Turner v. Matthew Rosentel, 10825-06. Eleanor Ribaudo v. Frank Sando, 7988-00. Dawn Tosh v. Richard Sarbough, 0291-00. Kelly Savokinas v. Jeff Savakinas, 5109-99. Tara Dalermo v. Kevin Schneck, 4821-03. Paul E. Schweizer v. Beverly Schewizer, 7174-01. Susan Seabridge v. William Seabridge, 3679-99. Maureen Sigman v. David Sigman, 2287-04. Melissa Moser v. Michael Simon, 5641-00. Stacey Gregorio v. David Sims, 3476-01. Arielle Smith v. Kirby Smith, 8213-99. Unidentified Person v. Wayman Smith, 5011-01. Harry Zadora v. Joan Stark, 3984-99. Judith Steltz v. George Steltz, 7086-01. Carrie Erwine v. James Stewart, 3030-01. Jennifer Sudnick v. Joseph Sudnick, 4432-99. Jennifer Spagnola v. John Tagnani, 3107-03. Unidentified Person v. Rod Taylor, 5294-01. Brenda Thompson v. Jack Thompson, 7675-00. Magdeline Long v. Joseph Long, 1130-10. Judith Luder v. Thomas Luder, Sr., 11252-09. Julie Lundolph v. James Lundolph, 2649-09. Julie Lundolph v. James Lundolph, 9058-09. June A. Lehman v. James Lynch, 1695-01. Diane Maginley v. David Maginley, 3876-02. Marilyn Malia v. Gregory Malia, 9936-09. Irene Matta v. Jon Matta, 7185-00. Dawn Langdon v. Michael Martinez, 4343-00. Julie Mayewski v. David Mayewski, 2706-01. Wm. G. Milligan v. Jennifer Leigh Milligan, 8367-01. Megan L. Moran v. Sean Moran, 2548-04. Lisa Casey v. Fred Mummert, 6735-97. Pamela Steward v. Fred Mummert, 7621-99. Diane Puterbaugh v. Rob Myers, 5302-94. Diane Puterbaugh v. Rob Myers, 3235-97. Donald Smith v. Linda Nichol, 1916-01. Susan Norris v. Jeff Norris, 3006-99. Carolyn D. Connors v. Shawn M. O’Connor, 0084-07. Michael Patton v. Joyce Patton, 3395-00. Ann Politz v. Michael P. Politz, 0767-01. Teresa Poltorck v. Robert Poltorck, 7171-01. Debra A. Powlus v. Charles Powlus, 11017-08. 53 THE LUZERNE LEGAL REGISTER Debora Utt v. Scott Utt, 380702. Lorraine Veneziale v. Steve Veneziale, 7983-00. Donna Walsh v. Norman Walsh, 2903-99. Charles Weitz v. Brandy Weitz, 4340-99. Maria Whalley v. Michael Whalley, 2317-01. Andrea Duncan v. David Wickham, 0462-00. Christine Yannes v. Christopher Yannes, 4549-02. Samantha Nowakowski v. Carl Yeager, 2181-00. Mary Jo Yorks v. Ray Yorks, 1129-02. Sharon A. Migliaccio v. Howard D. Young, 5954-93. Joseph Zagata, Jr. v. David Zagata, 12296-06 Oct. 3, 10 54 THE LUZERNE LEGAL REGISTER The CLE BOARD OF THE SUPREME COURT OF PENNSYLVANIA Has Adopted Two New Rules for 2014: 1. Lawyers will be able to take up to 6 distance learning credits per compliance period. 2. The ethics requirement will be two credits per period. Both of these changes will be effective for all lawyers whose compliance year will end in 2015. Group 1 starting 5/1/14 ending 4/30/15 Group 2 starting 9/1/14 ending 8/31/15 Group 3 starting 1/1/15 ending 12/31/15 Please refer to the CLE Board website, www.pacle.org for additional information. 55 D E L I V E R TO: PERIODICAL PUBLICATION * Dated Material. Do Not Delay. Please Deliver Before Monday, October 13, 2014
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