Monroe County Brief Published for the Monroe County Bar Association June 1, 2011 Volume 16 Issue 2

President’s Message: As summer approaches, the Bar Association has several social events for members to consider attending. The Leges Cup golf outing is July 12 at Glenbrook Golf Club. There is a Summer Dinner/Dance on July 22 at the historic Shawnee Inn, which is celebrating its 100th anni-versary this year. I hope to see you at these events.

There are several matters of importance proposed in the Pennsylvania legislature that may of interest to members. There are two proposed bills concerning joint and several liability, one of which our Bar Association took a position on at the May general meeting. There is also a proposed bill concerning legal advertising that could have great impact on our Bar Association. If these are of concern to you, and you need further information, please call the Bar Association office.

On a local level, Monroe County received the re-

sults of its courthouse space needs assessment. As no sur-prise, the study found that the current facilities are inade-quate for current and future space needs. This is also rated as a high priority for the County to consider by its consult-ants. A recommendation was made of several different plans that included renovation of the current courthouse, and adding new space, at a cost anywhere from approxi-mately $35 million to over $50 million, depending upon the plan. There is no commitment from the County to do anything at this time.

The Executive Board and Search Commit-

tee are starting the search for a new Executive Director. Susan Kenny is leaving us for the more temperate climate of North Carolina in November. I know I speak for all that we will miss Sue’s leadership, personable demeanor and dedication to the Bar Association. Please wish her and her family well in the next phase of their lives. As the only executive director of the Monroe County Bar Association, Susan’s departure will leave big shoes to fill. Thank you Sue and good luck!

Roy Kleinle, Monroe County Law Librarian, was honored at the May meeting of the Monroe County Bar Association held at the

Crescent Lodge.

The Monroe County Bar Association was pleased to honor Roy Kleinle, Monroe County Law Librarian at the May member meeting held at the Crescent Lodge in Paradise Valley. Mr. Kleinle was appointed Law Librarian by President Judge James R. Marsh in 1989. In his remarks, current President Judge Ronald E. Vican noted that Roy has acquired many additional responsibilities beyond the duties of librarian since his appointment, including coordinating the audio video and new computer technology requirements during court proceedings at the Monroe County courthouse. Personal anecdotes were also given by Senior Judge Peter J. O’Brien and Lyn Bailey, Court Administrator. MCBA President David J. Williamson pre-sented Roy with a certificate of appreciation for his dedication and many years of service. Additional business conducted during the meeting included the passing of a resolution supporting Senate Bill 500 and opposing Senate Bill 2, presently pending in the legislature regarding joint and several liability. Several other county bar associations, as well as the Pennsylvania Bar Association House of Delegates, have passed simi-lar resolutions supporting Senate Bill 500 and opposing Senate Bill 2. A copy of the Monroe County Bar Association’s resolution may be obtained from the MCBA office.

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Tuesday, June 7, 2011-Groupcast Control Your Process, Control Your Costs-New Protocols in Arbitration 1.5 hours substantive/1.5 hour ethics 9:00 am to 12:15 pm Reg begins at 8:30 am Members $224/Nonmembers $244

Thursday, June 9, 2011-Video Impeach Justice Douglas 2 hours substantive/1 hour ethics 9:00 am to 12:30 pm Reg begins at 8:30 am Members $189/Non members $209 Cancelled-Wednesday, June 15, 2011-Video Brainwashing: Children of Divorce Held Hostage Wednesday, June 22, 2011-Groupcast Dealing With The Problem Employees

4 hours substantive/0 hour ethics 8:30 am to 12:45 pm Reg begins at 8:00 am Members $254/Nonmembers $274 Tuesday, June 28, 2011-Groupcast Boundary Law in PA 4 hours substantive/0 hour ethics 8:30 am to 12:45 pm Reg begins at 8:00 am Members $254/Nonmembers $274 Wednesday, June 29, 2011-Groupcast General Practitioners Update 5 hours substantive/1 hour ethics 8:30am to 4:15 pm Reg begins at 8:00 am (includes lunch) Members $274/Nonmembers $294 Thursday, June 30, 2011-Groupcast Title Insurance 101 3 hours substantive/1 hour ethics (integrated) 9:00 am to 1:15 pm Reg begins at 8:30 am Members $224/Nonmembers $244 Thursday, July 7, 2011-Video 12th Annual Estate & Elder Law Symposium 6 hours substantive/0 hour ethics 9:00 am to 5:00 pm Reg begins at 8:30 am Members $149/Nonmembers $169 Tuesday, July 12, 2011-Groupcast Litigating in Orphans’ Court 5 hours substantive/1 hour ethics 8:30 am to 3:30 pm Reg begins at 8:00 am Members $274/Non members $294

Wednesday, July 13, 2011-Groupcast Looking Down the Road: The Future of Elec-tronic Data Discovery 4 hours substantive/0 hour ethics 9:00 am to 1:30 pm Reg begins at 8:30 am Members $274/Non members $294 Thursday, July 14, 2011-Groupcast Winning Before Trial: 10 Keys to Winning Depo-sitions 5 hours substantive/1 hour ethics (integrated) 8:30 am to 3:30 pm (includes lunch) Reg begins at 8:00 am Members $344/Nonmembers $364 Tuesday, July 19, 2011-Groupcast Advanced Issues in Social Security Disability 5 hours substantive/1 hour ethics 9:00 am to 4:30 pm Reg begins at 8:30 am Members $254/Non members $274 Thursday, July 21, 2011-Groupcast Ohlbaum on Evidence Advocacy: Using The Rules of Evidence to Persuade 5 hours substantive/1 hour ethics 8:30 am to 3:30 pm (includes lunch) Reg begins at 8:00 am Members $374/Nonmembers $394 Friday, July 22, 2011-Groupcast Immigration Law for the General Practitioner 5 hours substantive/1 hour ethics 9:00 am to 4:30 pm (included lunch) Reg begins at 8:30 am Members $274/Non members $294 Monday, July 25, 2011-Video The Challenges of Representing a Client with Diminished Capacity 1 hours substantive/1 hour ethics 9:00 am to 11:00 am Reg begins at 8:30 am Members $89/Nonmembers $99 Tuesday, July 26, 2011-Video An Up-to-Date Exploration of the Status of Fed-eral Transfer Taxes 2 hours substantive/0 hour ethics 9:00 am to 11:00 am Reg begins at 8:30 am Members $89/Nonmembers $99 Wednesday, July 27, 2011-Groupcast Fundamentals of Civil Practice 4 hours substantive/0 hour ethics 9:00 am to 1:15 pm Reg begins at 8:30 am Members $224/Non members $244

Thursday, July 28, 2011-Groupcast Family Law 101 5 hours substantive/1 hour ethics 8:30 am to 4:30 pm (includes lunch) Reg begins at 8:00 am Members $224/Non members $244 Tuesday, August 2, 2011-Groupcast A Day on Real Estate 5 hours substantive/1 hour ethics 9:00 am to 4:10 pm (includes lunch) Reg begins at 8:30 am More information to follow Thursday, August 4, 2011-Video Forensics for the Criminal Practitioner 3 hours substantive/0 hour ethics 9:00 am to 12:30 pm Reg begins at 8:30 am Members $129/Nonmembers $149 Friday, August 5, 2011-Groupcast Social Media in the Workplace 3 hours substantive/1 hour ethics (integrated) 8:30 am to 12:45 pm Reg begins at 8:00 am More information to follow Tuesday, August 9, 2011-Groupcast PA Taxes-Update and Selected Topics 4 hours substantive/0 hour ethics 9:00 am to 1:15 pm (includes lunch) Reg begins at 8:30 am More information to follow Wednesday, August 10, 2011-Video Social Media for Lawyers: Darned If You Do, Darned If You Don’t 0 hours substantive/1 hour ethics 12:00 Noon to 1:00 pm Reg begins at 11:30 am Members $49/Nonmembers $59 Thursday, August 11, 2011-Groupcast The Lifelong Impact of a Criminal Record 4 hours substantive/0 hour ethics 12:00 pm to 4:15 pm (includes lunch) Reg begins at 11:30 am More information to follow Monday, August 15, 2011-Groupcast Death and Taxes 5 hours substantive/1 hour ethics 9:00 am to 4:30 pm (includes lunch) Reg begins at 8:30 am More information to follow Continued on Page 5

Upcoming PBI CLE Programs The following PBI seminars have been scheduled and will be held at the MONROE COUNTY BAR CENTER, 913 MAIN STREET,

STROUDSBURG, PA. To register call the Pennsylvania Bar Institute at 800-932-4637. Early Registration fees are available.

Lunch & Learn Seminar Series:

Upcoming Events

Leges Cup Golf Tournament Glenbrook Golf and Country Club

July 12, 2011

Summer Dinner & Dance Shawnee Inn and Golf Resort

July 22, 2011

Bench Bar Conference Fernwood Resort

September 30, 2011

Dinner Honoring the Hon. Linda Wallach Miller Ridgecrest-Stroudsmoor Country Inn

October 14, 2011

Commonwealth Court Special Session Reception

Lawnhaven-Stroudsmoor Country Inn October 19, 2011

Dinner Honoring the Hon. Ronald E. Vican

Ridgecrest-Stroudsmoor Country Inn November 18, 2011

Holiday Dinner

Mountain Springs Lake Resort December 10, 2011

New Members: Jamie Brett Levy The Levy Law Firm P.O. Box 555 Delaware Water Gap, PA 18327 570-460-0300 Email: jamiebrettlevy@gmail.com Hillary Prutzman 1100 Twin Lake Road Stroudsburg, PA 18360 610-597-1624 Email: hprutzman@gmail.com Maria I. Ramirez Law Clerk-Zulick Monroe County Courthouse Stroudsburg, PA 18360 570-517-3939 Email: mramirez@co.monroe.pa.us

Richard Brent Somach Tallman Hudders & Sorrentino 1611 Pond Road, Suite 300 Allentown, PA 18104 610-391-1800 Fax: 610-391-1779 rsomach@thslaw.com Address Changes: Sarah K. Heimbach Lehigh County Public Defender’s Office Lehigh County Courthouse 455 West Hamilton St. Allentown, PA 18101 Anne L. Kulesa Laton Law 275 Mundy Street Wilkes-Barre, PA 18702 570-825-9000 Fax 570-822-5169 Please forward your contact information changes to the MCBA office via email to info2@monroebar.org or via fax to 570-424-8234.

June 8, 2011 “25 Common Annuity Planning Mistakes and How to Avoid Them” Presented by: Rosie McGinley, Financial Advisor/Financial Planning Associate Morgan Stanley Smith Barney & Ed Weingartner, Regional Marketing Director Lincoln Financial

As we all know, annuities are one of the most powerful tools in the planner’s toolbox. They can be used to solve a number of important client needs, and they also enjoy tax-favored status in the Internal Revenue Code. However, like any sophisticated planning technique, the rules can sometimes be complicated, and if the client, the financial advisor and /or the tax advisor aren’t careful, they can trip over some of the more technical rules. That’s what this course is designed to prevent. 11:30 Lunch will be served ---12:00-1:00PM Seminar Cost: Early Bird Special - $25.00 (Members) Must be received by June 1, 2011. $35.00 Members after June 1, 2011 -- $45.00 All Non Members You must be present for the entire Seminar to receive 1 Substantive CLE Credit. Do you have an idea for a Lunch and Learn Program? We are looking for pro-grams for July and August. Please contact the MCBA office at 570-424-7288.

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2011 Monroe County Bar Association

Executive Board

David J. Williamson-President

F. Andrew Wolf, Vice-President

Jane Roach Maughan-Secretary

Lori J. Cerato-Treasurer

Members at Large

Stephen M. Higgins-Immediate Past President

Todd W. Weitzmann

Jeffrey A. Durney

YLD President-Megan Reaser

Membership Updates Please check the MCBA website www.monroebar.org for daily updates on membership information.

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You are cordially invited to spend an evening of dining and dancing on the Delaware River

Join the Monroe County Bar Association

for its annual Summer Dinner

Friday, July 22, 2011 at

The Shawnee Inn and Golf Resort Shawnee on the Delaware, Pennsylvania

Beginning at 6:30pm on the North Veranda overlooking the Delaware River

Cocktail (Cash Bar) and Hors D’ouevres

Followed by Dinner and Dancing At 7:30pm in the Delaware Room

Music by The New Groove Menu

Mushroom Ravioli with ratatouille, olives and parmesan crisp Shawnee House Salad with organic mixed greens and choice of dressing

Please select one entrée:

Pecan crusted chicken with pesto cream and star anise oil

NY Strip steak with blue cheese crumble and brandy shrimp sauce Atlantic Salmon with caper and dill crust served with yogurt dressing

Assortment of cakes and pies

Price per Person: $30.00 YLD Members per Person: $15.00 Call the MCBA office to make your reservation today. 570-424-7288

Or mail your check with menu selections made payable to the MCBA, 913 Main Street, Stroudsburg, PA 18360

The Monroe County Bar Association cordially invites you to participate in

THE ANNUAL LEGES CUP TOURNAMENT

Glen Brook Golf Club Hickory Valley Road Stroudsburg, Pennsylvania

DATE: Tuesday, July 12, 2011

REGISTRATION TIME: 11:30 A.M. TEE TIMES: Shotgun at 12:00 PM

Your partner may be another MCBA member, a spouse, a friend or a client. Name:_____________________________________________ Phone #:__________________________

Partner:____________________________________________ Phone #:__________________________

Number Attending:__________ $55.00 per person Total: $_____________

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Tuesday, August 16, 2011-Groupcast Lincoln on Professionalism 0 hours substantive/3 hour ethics 9:00 am to 12:15 pm Reg begins at 8:30 am More information to follow Thursday, August 18, 2011-Groupcast Anatomy of a “Superstar” Deposition 6 hours substantive/0 hour ethics 8:30 am to 4:15 pm (includes lunch) Reg begins at 8:00 am Members $344/Nonmembers $364 Friday, August 19, 2011-Groupcast Contracts of the Rich and Famous 3 hours substantive/1 hour ethics 9:00 am to 1:15 pm Reg begins at 8:30 am More information to follow Tuesday, August 23, 2011-Groupcast Internet Legal Research 3 hours substantive/0 hour ethics 9:00 am to 12:15 pm Reg begins at 8:30 am More information to follow

Wednesday, August 24, 2011-Video Advanced Piercing the Corporate Veil 2 hours substantive/0 hour ethics 9:00 am to 11:00 am Reg begins at 8:30 am Members $89/Nonmembers $99 Thursday, August 25, 2011-Video Tom Mauet’s Trial Evidence-Artistry & Advo-cacy in the Courtroom 6 hours substantive/0 hour ethics 9:00 am to 5:00 pm Reg begins at 8:30 am Members $319/Nonmembers $339 Friday, August 26, 2011-Video Pennsylvania’s New Adoption Amendments 2 hours substantive/1 hour ethics 9:00 am to 12:30 pm Reg begins at 8:30 am Members $129/Nonmembers $149 Wednesday, August 31, 2011-Groupcast E-Discovery in Employment Litigation 4 hours substantive/0 hour ethics 8:30 am to 12:45 pm Reg begins at 8:00 am More information to follow

Upcoming PBI CLE Programs, continued from Page 2

PAB Unauthorized Practice of Law committee Update Submitted by James F. Marsh, Esq.

March 9, 2011: A claim was filed by a Lehigh County Attorney who had received a letter from the accounting firm of Molinari Oswald, LLC, Certified Public Accountants and Advisors. The letter also included a brochure which advertised the accounting firm as “Estate Administration Services.” The brochure stated that if any of the recipients of the brochure have “established relationships with an attorney” they will continue to “work with you and your attorney to provide income tax plan and preparation services not provided by the attorney’s firm, complimenting your attorney’s legal expertise with our expertise in the area of tax planning and tax preparation”. The brochure further indicated that for the recipients who do not have any relations with an attorney then Estate Administration Services would be happy to “assist you in determining your estate planning and administration needs”. The letter went on to say that in many es-tate proceedings “ professionals” (i.e. attorneys) do not adequately complete the administration of the estate but that Estate Administration Services will complete all aspects of estate administration. The Committee decided to continue its investigation of Estate Administration Services to determine exactly what services they are providing and how they are providing them. Another issue discussed by the Committee was a situation where a suspended Attorney purchased a debt from a creditor together with the right to file suits as a pro se litigant. An assignment was executed between the creditor and the former attorney in which the former attor-ney agreed to pay creditor 35% of whatever the former attorney recovered on the debt collection. We have had these circumstances in the past but they basically involved in Assignment of an judgment. In this case there was an assignment of a Chose in Action. One of the sticky points was whether a contingent fee paragraph in the Assignment created an invalid Assignment. If in fact the Assignment is inva-lid then there is no way that the former attorney could bring a pro se action. This particular case has made the rounds of the PBA for quite some time. The County Bar in which this matter originated had attempted to use the disciplinary board against the former attorney. However, because the lawyer was suspended from the practice of law, the disci-plinary board no longer had jurisdiction over this matter. Handling this case is like separating a can of worms and the Unauthorized Prac-tice of Law Committee is continuing to work on it. Finally, Lycoming County Legal Services has sent Paralegals to represent clients at custody conferences and/or hearings instead of send-ing lawyers. The Committee decided to notify a Lycoming County Judge that is was the Committee’s decision that the use of Paralegals under these circumstances constituted the unauthorized practice of law not just for the Paralegals but for Lycoming County Legal Services organization as well. This issue will be brought up again at our next meeting in May to review the response, if any of the Court and Ly-coming County Legal Services. The Committee discussed a number of other issues which are to numerous to include in this letter.

YLD Corner

The Young Lawyers Division will be holding a meeting on June 7th, 2011 at the Bar Association Building. This year we plan to get involved in the Wills for Heroes program again, and have already seen a growing interest from many local first responders. Also, we will con-tinue our involvement with the Blood Drive for the Monroe County Red Cross. We also plan to schedule some outdoor activities in the coming summer months, and hope that all the members of the Bar will get involved and make this a success-ful year. If you have any ideas on events or activi-ties we can schedule, please feel free to contact the MCBA staff at 570-424-7288 or via email at info2@monroebar.org . Megan Reaser, YLD President

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Monroe County Bar Association 913 Main Street Stroudsburg, PA 18360

On a personal note.. Congratulations to: The Hon. Arthur L. Zulick and wife, Paula, on the birth of a granddaughter, Maya Zulick Doria on January 19, 2011 weighing 5 lbs, 11 oz. Tom Foley III whose son, Sean, as a member of the Scranton Prep Mock Trial team competed in the semi-final round of competition of the Statewide Mock Trial Competition in Harrisburg on March 26, 2011. The 2011 winner of the statewide competition was Wyoming Seminary whom Scranton Prep had earlier competed against (and beat) in the District Five Regional Competition. If you have had an event in your personal or professional life that you would like to share with the members of the Monroe County Bar Association, please contact the MCBA office at 570-424-7288 or email to info2@monroebar.org. We share birth notices, weddings, passings and professional accomplishments.

Monroe County Bar Association

913 Main Street Stroudsburg, PA 18360

570-424-7288 Fax: 570-424-8234

Staff

Susan L. Kenny, Executive Director

skenny2@monroebar.org

Rosalie Richardson, Office Assistant rrichardson2@monroebar.org

Lesliegh Pope, Office Assistant

lpope2@monroebar.org

Website: www.monroebar.org

Court of Common Pleas Legal Organizations

PA & US Courts

Argument List Court Calendar Civil Trial List Criminal Trial List Civil Pretrial Conferences Hon. R.E. Vican, P.J. Hon. L. Wallach Miller Hon. M.P. Worthington Hon. A. L. Zulick Hon. J. Mark Hon. J. H. Sibum Fees and Schedules Domestic Relation Fees JCS/ATJ Filing Fees Prothonotary Fees Recorder’s Fee Schedule Register of Will Fee Schedule Sheriff Fees

Local Rules

Actions in Domestic Relations Administrative Orders New Custody Law DUI Fast Track Orphan Court Rules Rules of Civil Procedure Forms New Petition for Expungement New Mortgage Foreclosure Program Title 210 –Appellate Procedure

Court Administration

Foreign Language Interpreter Request Form Interpreter Request Information Judiciary Magisterial District Judges Sign Language Request Form

County Bar Association County Bar Leader’s Directory North Penn Legal Services PA Bar Association Pennsylvania Bulletin PA Bar Legal Links PA Disciplinary Board PA Law Help State Bar Associations

PA General Assembly PA Unified Judicial System & AOPC State Courts U.S. Bankruptcy Court U.S. House of Representatives U.S. Senate Other Links Monroe County Directory Monroe County Website Procedure for Admission to Monroe County Bar

Know what you can find on the Monroe County Bar Association Website? This is what is under “Legal Links” at www.monroebar.org