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USPS 322-840 - Wilkes-Barre Law and Library Association

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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:
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toTHE
THELUZERNE
LUZERNELEGAL
LEGALREGISTER,
REGISTER,
Room
Room 23,
23, Court
Court House,
House,Wilkes-Barre,
Wilkes-Barre,PA
PA18711-1001
18711-1001
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paid
at
Wilkes-Barre,
PA
and
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Periodical postage paid at Wilkes-Barre, PA and additional office.
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12 O’Clock
O’ClockNoon,
Noon,Tuesday
TuesdayIn
InThe
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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
[email protected]
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
[email protected] 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 | [email protected]
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
[email protected]
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 �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 TELÉFONO 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 TELÉFONO 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
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TO:
PERIODICAL PUBLICATION
* Dated Material. Do Not Delay. Please Deliver Before Monday, October 13, 2014
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