Vol. LVII Allentown, PA Friday, December 23, 2016 No....

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Vol. LVII Allentown, PA Friday, December 23, 2016 No. 26

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THE COURTThe Hon. Edward D. Reibman, President Judge

The Hon. Carol K. McGinley, Judge The Hon. Robert L. Steinberg, Judge

The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge

The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge

The Hon. Michele A. Varricchio, JudgeThe Hon. Douglas G. Reichley, JudgeThe Hon. Daniel K. McCarthy, Judge The Hon. Alan M. Black, Senior Judge

LEHIGH LAW JOURNAL (USPS 309560)

Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY

1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org

HON. WILLIAM H. PLATT, President PATRICK J. REILLY, President-Elect

MICHELLE M. FORSELL, Vice President JAMES J. KOzUCH, Secretary SARAH M. JOLLY, Treasurer

SUSAN G. MAURER, Historian THOMAS F. TRAUD, JR., Law Journal Committee

RAY BRIDGEMAN, Executive Director GRAIG M. SCHULTz, Case Editor

Copyright © 2016 Bar Association of Lehigh County

The Lehigh Law Journal is published every Friday. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Journal nor the printer will assume any respon-sibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content.

The Law Journal makes no representation as to the quality of services offered by any advertiser in this publication.

Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102, before 4 p.m. the preceding Monday. Telephone (610) 433-6204. Advance issues $100.00 per year. Single copies $2.00. Payment of annual dues to the Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law Journal.

Printed at 206 S. Keystone Ave., Sayre PA 18840Periodical postage paid at Allentown, PA 18102 and

at additional mailing offices.

POSTMASTER: Send address changes to The Lehigh Law Journal, 1114 W. Walnut St., Allentown, PA 18102.

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NORTH PENN LEGAL SERVICES IS PLEASED TO ANNOUNCE THAT:

JAMES R. FIORENTINO, ESQ. has joined our organization as a managing attorney. Jim will focus on guiding the staff at our Bethlehem office to help low‐income clients with their civil legal issues including housing, consumer, bankruptcy, and family law. Jim has 37 years of experience as an attorney in private practice with an emphasis on family law, injury cases, and nonprofit organizations. Jim’s community involvement has led him to North Penn Legal Services to serve the most vulnerable population. Outside of his legal career, Jim volunteers for The Shanthi Project and has served on local boards for other community organizations.

TO CONTACT JIM, CALL 610‐317‐5333 OR EMAIL [email protected].

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EXECUTIVE SUITES Unique Opportunity- set up your own private office in a 1st class building. Sought after location. Executive Suites fully furnished.

www.thefrederickbuilding.com

Don Frederick 610-841-3800

ATTORNEY DISCIPLINARY / ETHICS MATTERSRepresentation, consultation and expert testimony in disciplinary

matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct

James C. Schwartzman, Esq.Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,

Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former

Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”

1818 Market Street, 29th Floor, Philadelphia, PA 19103

(215) 751-2863

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NOTICE

The 2017 Bar Admissions Ceremony will be held on Janu-ary 27, 2017 at 4:00 p.m. in Courtroom 2A of the Lehigh County Courthouse. All individuals interested in participating must obtain a Bar Admissions Ceremony Information Pack-et from the Court Administrator’s Office in Room 614 or request an electronic copy by sending an e-mail to: [email protected]. The packet contains instruc-tions, a sample petition, a sample proposed order, and an application form. The application form only must be com-pleted and returned to the Court Administrator’s Office by January 18, 2017. If you prefer to file the application elec-tronically, please send it to: [email protected]. Please be advised that failure to file the application form by the deadline may prevent the applicant from participating in the ceremony. Petitions and proposed orders for admission should not be presented to Court Administration or to the judges prior to the ceremony on January 27, 2017. Instead, please bring your petition and proposed order with you to the Bar Admissions Ceremony.

Family and friends are welcome to attend. A reception will be held at the Barristers’ Club immediately following the ceremony.

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The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty

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LAW CLERK POSITION—LEHIGH COUNTY

Position Description: The Law Clerk will serve Judge J. Brian Johnson in Civil and Family matters in Lehigh County. He or she will assist the judge in legal research, writing opin-ions and court orders. The Law Clerk will also conduct re-search and review pleadings and documents to prepare the judge for conferences, hearings and trials, attend hearings, trials and conferences, and provide general support and as-sistance to the judge. Candidate should be well organized, detail oriented, capable of independent work and capable of working well with others. Strong legal writing and research skills required. Please send a cover letter, resume and a writ-ing sample (non-criminal preferred) to Judge J. Brian John-son, Lehigh County Courthouse, 455 W. Hamilton Street, Allentown, PA 18101 by January 13, 2017.

This is a full-time position with benefits. Starting salary for Attorney I, grade 24, is $62,719 annually.

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CRIMINAL/JUVENILE COURT ANNOUNCEMENT

Please be advised that the current forms utilized in crimi-nal and juvenile delinquency court will be replaced with re-vised forms on January 3, 2017. The revised forms will be available in the courtrooms, Court Administration and the Court’s website, www.lccpa.org, on January 3, 2017.

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EARLY DEADLINES NOTICE FOR THE LEHIGH LAW JOURNAL

Offices will be closed for Christmas on December 26th.

Advertisements for the December 30th issue of the Lehigh Law Journal must be received NO LATER THAN 4:00 P.M. ON Thursday, December 22nd.

Offices will be closed for New Year’s Day on January 2nd.

Advertisements for the January 6th issue of the Lehigh Law Journal must be received NO LATER THAN 4:00 P.M. ON Thursday, December 29th.

Notices may be faxed to the Lehigh Law Journal at (610) 770-9826 or e-mailed to: [email protected].

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ANNOUNCEMENT

Please be advised that the hourly compensation rate for court-appointed attorneys will be increased from $50.00 to $60.00 effective January 1, 2017. Also effective January 1, 2017, the hourly compensation rate for attorneys appointed by the Court in capital homicide cases will be $90.00 for the first chair and $60.00 for the second chair. As a result of these changes, all court-appointed attorneys are directed to apply the new compensation rates to hours billed on/after January 1, 2017.

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LEGAL NOTICE

LEHIGH COUNTY CLERK OF JUDICIAL RECORDS CRIMINAL DIVISION

FEE SCHEDULE EFFECTIVE JANUARY 3, 2017

ORDER

AND NOW, this December 6, 2016, upon consideration of the within Petition for Increase of Fees, presented by Lehigh County Clerk of Judicial Records, Andrea E. Naugle, and in accordance with Act 36 of 2000, the Criminal Fee Law, IT IS ORDERED that the Fee Schedule of the Lehigh County Clerk of Judicial Records—Criminal Division is amended, IT IS FUTHER ORDERED that the Fee Sched-ule of the Lehigh County Clerk of Judicial Records—Crimi-nal Division, attached to the within Petition is approved and hereby shall become effective January 3, 2017. All filings received by the Lehigh County Clerk of Judicial Records—Criminal Division beginning January 3, 2017 shall incur costs according to the new Fee Schedule.

BY THE COURT: Edward D. Reibman, P.J.

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ANDREA E. NAUGLE

LEHIGH COUNTY CLERK OF JUDICIAL RECORDS—CRIMINAL DIVISION

2017 Fee Schedule

Clerk’s Fees: Jury Trial $220.90 Non-Jury Trial or Guilty Plea $165.70 All Other Matters $20.90 Summary Hearing $27.50 Certification $10.90 Bail Processing Fee $25.00 Postage $6.00

Filing Fees: Appellate Court Appeals $62.10 (additional check payable to Superior Court—$85.50) Summary Appeal $60.15 (includes $5.00 automation fee) Nunc Pro Tunc $25.90 (includes $5.00 automation fee) Expungement—Adult $256.05 (includes $132.00 per Act 5 of 2016) Expungement—Juvenile $102.25 Miscellaneous Matters/Reports $25.90 (includes $5.00 automation fee) Automation Fee $5.00 Bail—Corporate Surety Registration $100.00 Bail—Corporate Surety Agency Registration $500.00 ($100.00 renewals) Bail Piece $32.70 Bail Forfeiture—Any Forfeiture-Related Motion $300.00 Real Estate Bail Processing Fee $250.00 (plus appropriate county judgment fee)

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Private Detective: Petition for License $74.00 (includes $5.00 automation fee) Individual License $100.00 yearly Corporate License $150.00 yearly Photo Identification Card $9.50

Copies/Printouts at Clerk’s Convenience: Photocopies $0.50 per page Photocopies by mail $1.00 per page plus $3.00 mailing service fee Microfilm copies $1.00 per page

Bail Refunds: Cash Bail—A fee of 6.21¢ per dollar for the first $1,000 and 2.06¢ per dollar for each additional $1,000 or fraction thereof for the handling of money paid into court. Percentage Cash Bail—A fee of thirty (30%) percent of the money posted pursuant to local Court Rules.

Effective January 3, 2017 pursuant to AD-8-2016.12-16, 23

Commonweatlh vs. Martinez256

Lehigh 7-17 op

COMMONWEALTH OF PENNSYLVANIA vs. JUAN CARLOS MARTINEZ

Motion to Suppress Statements—Totality of the Circumstances—Miranda Warnings—Custodial Interrogation—Hindering Apprehension or Prosecution—Warrantless Arrest—

Probable Cause—Mistaken Identification.

The Court determined, based upon the totality of circumstances, that a statement from an alleged eyewitness to a crime was sufficient to establish probable cause to arrest the defendant. Additionally, the Court determined that the police were not required to provide the defendant with Miranda warnings, as the defendant was a witness, and no longer a suspect of a crime, at the time that his statements were made to police.

In the Court of Common Pleas of Lehigh County, Pennsyl-vania—Criminal Division. No. CR-2721-2016. Commonwealth of Pennsylvania vs. Juan Carlos Martinez.

Jay Jenkins, esquire, Chief Deputy DistriCt attorney, on behalf of the Commonwealth.

Brooks thompson, esquire, on behalf of the Defendant.

steinBerg, J., November 15, 2016. The defendant, Juan Carlos Martinez, is charged with Hindering Apprehension or Prosecution.1 It is alleged that the defendant provided false infor-mation to investigators in an effort to lead them astray in identify-ing the triggerman behind a shooting in South Whitehall Township.

On August 5, 2016, counsel for the defendant filed a “Motion to Suppress Statements Pursuant to Pa. R.Crim.P. 581.” It is al-leged that the defendant was unlawfully arrested, and that his statements to police were taken without the benefit of Miranda warnings. A hearing on that motion was held on October 10, 2016, during which Officer Joel Wischner and Detective Jerome Cra-mer of the South Whitehall Police Department testified.2

BACkgROUND

On December 11, 2015, Joshua Flores was shot in the leg in the 3200 block of kingston Place, in South Whitehall Township.

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1 18 Pa. C.S. §5105(a)(5).2 On the date of the hearing, the defendant’s “Petition for Writ of Habeas Corpus”

was denied. Additionally, the “Commonwealth’s Motion for Joinder Pursuant to Pennsyl-vania Rule of Criminal Procedure 582” was granted.

Commonweatlh vs. Martinez 257

Lehigh 7-17 op

Police responded to that location, confirmed that Mr. Flores had been shot, and attempted to determine the circumstances behind the shooting. Their initial investigation at the scene of the shooting led them to speak with Christopher Miller, who told Officer Wisch-ner that “his cousin was shot [at] his residence ... and that the suspects were in the Weis parking lot.” 3

While Officer Wischner remained in the neighborhood of the shooting, he observed the defendant, and a second person later identified as Shanna Crowthers, walking back towards the residence. He approached them and asked if they knew “what happened.” Both of them played dumb, and while Officer Wischner was speaking with them, Mr. Miller came out of the residence “yelling, that’s ... the one that did it.”4 He pointed the finger at the defendant.

The defendant was placed in handcuffs, patted down, and placed in Officer Wischner’s patrol car. During that process, the defendant told Officer Wischner that “he knew what happened, but he didn’t want to get into it right now.”5 He was taken to the South Whitehall Police Department and placed in a cell.

Detective Cramer took over the investigation and spoke with the defendant in an interview room. By the time they discussed the shooting, Detective Cramer’s investigation revealed that the defendant was a witness, not the trigger person. For that reason, he did not advise the defendant of his Miranda rights before dis-cussing the shooting.

The defendant told Detective Cramer that he should be look-ing for a “black male of Jamaican descent” who went by the name of “Jamal,” and drove a Chevy Cobalt.6 The individual arrested for the shooting does not remotely fit that description. Following the discussion with Detective Cramer, the defendant was released from custody and provided a ride home.7

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3 Notes of Testimony, Suppression Hearing (hereinafter N.T.S.H.), at p. 4.4 Id.5 Id. at pp. 5, 9.6 Id. at pp. 22-24.7 Id. at pp. 25-26.


Lehigh 7-17 op

DISCUSSION

a. Probable Cause to Arrest

The defendant contends that Officer Wischner did not have probable cause to arrest him because his arrest was predicated on a mistaken identification by an eyewitness. It is also alleged that Mr. Miller was “insufficiently reliable” because the evidence at the suppression hearing failed to adequately explain his basis for iden-tifying the defendant.

It is axiomatic that the police must possess probable cause to effectuate a warrantless arrest. Commonwealth v. Thompson, 604 Pa. 198, 203, 985 A.2d 928, 931 (2009); Commonwealth v. Dozier, 99 A.3d 106, 112 (Pa. Super. 2014) (citing Commonwealth v. Saab, 269 Pa. Superior Ct. 206, 409 A.2d 437 (1979)) (collecting cases) (police had probable cause to arrest defendant, whom the victim did not previously know, based upon very detailed description and arrest one-half hour after offense and three and one-half blocks from attack). Likewise, the Fourth Amendment is not violated by an arrest based on probable cause even though the wrong person is arrested. Hill v. California, 401 U.S. 797, 802 (1971) (“When the police have probable cause to arrest one party, and when they reasonably mistake a second party for the first party, then the arrest of the second party is a valid arrest.”); Commonwealth v. Wright, 867 A.2d 1265, 1268 (Pa. Super. 2005) (where wrong individual was mistakenly arrested, his subsequent convictions were upheld because officers had probable cause to arrest proper individual, and the mistaken arrest was reasonable and understandable under the circumstances of the case); see also, State v. green, 723 A.2d 1012, 1015 (N.J. Super. Ct. App. Div. 1999) (collecting cases).

It has frequently been explained:

Probable cause to arrest exists when the facts and cir-cumstances within the police officer’s knowledge and of which the officer has reasonably trustworthy information are suffi-cient in themselves to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested. ... Probable cause justifying a warrant-less arrest is determined by the ‘totality of the circumstances.’

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Lehigh 7-17 op

... Furthermore, ‘probable cause does not involve certainties, but rather “the factual and practical considerations of every-day life on which reasonable and prudent [persons] act.” ’ ...

Commonwealth v. Williams, 941 A.2d 14, 27 (Pa. Super. 2008) (internal citations omitted); see also, In Interest of O.A., 552 Pa. 666, 676, 717 A.2d 490, 495 (1998); Commonwealth v. Johnson, 467 Pa. 146, 153, 354 A.2d 886, 889 (1976); Commonwealth v. griffin, 310 Pa. Superior Ct. 39, 46, 456 A.2d 171, 174 (1983).

In Commonwealth v. Evans, 305 Pa. Superior Ct. 450, 451 A.2d 734 (1982), in which the same probable cause standard was articulated, it was alleged that the police lacked probable cause to arrest the defendant, and that his subsequent confession should be suppressed as fruit of the illegal arrest. The court, in concluding otherwise, noted that it is well-settled that “[t]here is a substantial basis for crediting the information of an eyewitness.” Id. at 457, 451 A.2d at 737. See also, Commonwealth v. Walker, 348 Pa. Su-perior Ct. 207, 216, 501 A.2d 1143, 1148 (1985). Furthermore, even though an arresting officer may not have direct, personal knowledge of the relevant facts and circumstances, probable cause may rest solely on information supplied by another person, pro-vided there is a substantial basis for crediting that information. Commonwealth v. Stokes, 480 Pa. 38, 44, 389 A.2d 74, 76-77 (1978) (The uncorroborated confession of an accomplice, the statement of a victim identifying the perpetrator of a crime, and an eyewitness whose identity is known, all fall within the category of information sufficient to establish probable cause.); see also, Commonwealth v. Bells, 373 Pa. Superior Ct. 57, 540 A.2d 297 (1988) (information provided by victim, who gave a detailed physical description of her attacker and the unusual knife he possessed, established probable cause to arrest); Commonwealth v. george, 878 A.2d 881, 884-85 (Pa. Super. 2005). It has also been held repeatedly throughout the federal courts that a statement from an alleged victim is ordinar-ily sufficient to establish probable cause. Acosta v. Ames Dept. Store, Inc., 386 F.3d 5, 10 (1st Cir. 2004); Lee v. Sandberg, 136 F.3d 94, 103 (2d Cir. 1997); Sharrar v. Felsing, 128 F.3d 810, 818 (3d Cir. 1997); United States v. Harness, 453 F.3d 752, 754 (6th Cir. 2006); Reynolds v. Jamison, 488 F.3d 756, 765 (7th Cir. 2007); Clay v. Conlee, 815 F.2d 1164, 1168 (8th Cir. 1987); Easton v. City of Boulder, Colo., 776 F.2d 1441 (10th Cir. 1985).

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Lehigh 7-17 op

Although Mr. Miller was not the victim, he certainly had a connection to the events that unfolded outside his residence. His cousin was the victim, and he believed the suspects were at a Weis Market located nearby. When Mr. Miller identified the defendant, he was upset and intoxicated, but had no hesitation in identifying the defendant.

The defense would require an extensive investigation prior to a finding of probable cause and discount eyewitnesses whose credibility might be affected by their alcohol consumption. Law enforcement has never been required to make such wide-reaching assessments at the initiation of an arrest. The arresting officer is “neither required nor allowed to sit as prosecutor, judge or jury. [His] function is to apprehend those suspected of wrongdoing, and not to finally determine guilt through a weighing of the evi-dence.” Panetta v. Crowley, 460 F.3d 388, 396 (2d Cir. 2006) (quoting krause v. Bennett, 887 F.2d 362, 372 (2d Cir. 1989)); see also, Curley v. Village of Suffern, 268 F.3d 65, 70 (2d Cir. 2001) (“[O]nce a police officer has a reasonable basis for believing there is probable cause, he is not required to explore and eliminate every theoretically plausible claim of innocence before making an arrest.”); State v. griffin, 570 P.2d 1067, 1069 (1977) (victim’s advanced age and contradictory stories about how crime occurred did not result in finding that arresting officer lacked reasonable, trustworthy information to establish probable cause where basic information was not contradictory).

Although the identification of the defendant was in error, within a few hours he was released from custody. The determina-tion of probable cause does not turn on that error, but on the in-formation in Officer Wischner’s possession at the moment the defendant was taken into custody. Officer Wischner was the only officer present at a shooting scene, where five to ten mostly in-toxicated people were present, and the defendant was identified by one of the individuals. Furthermore, the defendant, after deny-ing any knowledge of the events, admitted knowledge as he was about to be placed in the patrol car. Finally, no other person came forward exculpating the defendant. Based upon the totality of the circumstances, Officer Wischner had probable cause to arrest the defendant.

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NewsLine ______________December 23, 2016

2017 Annual Dinner

Thursday, January 12, 2017

Members are invited to Cocktails and Dinner as the BALC membership will witness BALC Presidents “Pass the Gavel”,

Celebrate 50-year Members and Witness the Legal Eagle Presentation.

Celebrating 50-Year Membership with the Bar Association of

Lehigh County: The Honorable William Platt

E. Keller Kline, III Rudolph Zieger, Jr.

The Traditional “Changing of the Guard”

for the Board of Directors: The outgoing President will be The Honorable William Platt,

and the incoming President will be Michelle Forsell.

5:00PM Membership Meeting 5:30PM Cocktails

6:15PM Dinner & Program

$45 BALC Members $45 Accompanied Guest

$350 Table of 8

More information at www.lehighbar.org Or 610-433-6204 x 12

~RSVP no later than 1/6/17~

Any reservation after deadline does not guarantee a meal. Seating may or may not be available.

For a refund of payment, all cancellations must be received 24 hours prior to the event. If cancellation is not received 24 hours prior, your credit card will be charged immediately following the event. If check, cash or card payment has been received prior to the event and cancellation is not received 24 hours prior to the event, there will be no refunds given. All RSVPs are considered final and will be invoiced according to cancellation policy.

NewsLine 2

Dear Bar Association Member,

The Bar Association of Lehigh County has started the Annual Ask for the Lehigh County Lawyer’s Charitable Fund Grant. This year’s theme is “School Programs in Need” and we are asking all organizations applying to keep that in mind as they complete their request.

We are proud to remind all lawyers that the Bar Association of Lehigh County has conducted an Assistance Program to benefit area 501c3 organizations to provide much needed assistance to our surrounding communities for many years. This program has raised over $200,000 throughout that time and distributed these funds to many deserving area organizations.

This year to assist these organizations, we are asking each lawyer to give generously to help support those in our local community. Remember, these contributions stay in the Greater Lehigh Valley area.

The Program is administered through the Lehigh Valley Community Foundation and all gifts are tax deductible to the fullest extent of the law. The Foundation will acknowledge all gifts for tax purposes.

We will recognize all those nonprofit organizations receiving funds as part of our Law Day celebration in May.

Past years’ contributions went to the Crime Victims Council of the Lehigh Valley, Dream Come True, The Lehigh Valley Zoo, Community Bike Works, The Victory House, Angel 34, Miracle League of the Lehigh Valley and many more.

NewsLine 3

Please help by sending your check today, payable to the Lehigh Valley Community Foundation and mail to:

Lehigh County Lawyer’s Charitable Fund Grant

Lehigh Valley Community Foundation 840 West Hamilton Street, Suite 310

Allentown, PA 18101

or go to www.lehighbar.org for credit card donations Thank you for your generous donation!

Kristin Noonan, Esquire

Community Service Committee, Chair

Ray Bridgeman, Executive Director, BALC

NewsLine 4

YOUNG LAWYERS DIVISION January Happy Hour

Thursday, January 5, 2017 5:30 pm

Union & Finch 1528 W. Union St., Allentown, PA

Upcoming Happy Hours:

February 2, 2017: Sunset Grille March 2, 2017: 99 Bottles

Stay tuned for details of additional upcoming Young Lawyers Division

events!!

YLD events are a great opportunity to meet and network with other young attorneys.

Guests are welcome!

Questions or requests for future Happy Hour Locations?

Email: [email protected]

CLE UPDATE for the week of: December 23, 2016

CLE VIDEO COMPLIANCE CAMP Wednesday, December 28, 2016

At the end of each compliance period, the CLE department at The Bar Association of Lehigh County provides the opportunity for lawyers to earn up to 9 Continuing Legal Education credits in one day through our “Video Compliance Camp” program. A series of 9 videos, originally taped during live seminars held at BALC, are re-played for viewers to earn one credit for each video. Pick and choose however many you care to view. The tuition for EACH one-credit program is $30.00 for BALC or NCBA members and $45.00 for non-members.

To register, FAX the form below: 610.770.9826 or Telephone Nancy @ 610.433.6401, Ext: 16

If you attended any of these seminars live, or viewed the DVD’s in the past, you still qualify to earn CLE credit at this

offering.

December 28, 2016 VIDEO COMPLIANCE CAMP REGISTRATION

NAME: ________________________________ PASup.Ct.ID:___________________________ Phone: ________________________________

Member of the Bar Association of: [ ] Lehigh [ ] Northampton [ ] Other

[ ] 9:00 AM - “Thaddeus Stevens and the Radical Republicans Impact on the American Constitution and System of Government”; 1 Substantive Credit [ ] 10:10 AM - “Maintaining an Ethical Balance in a Trusts and Estates Practice” 1 Ethics Credit [ ] 11:20 AM - “Divorce Master’s Rules of Thumb and Procedural Update” 1 Substantive Credit [ ] 12:30 PM – “Annuities – The Good, The Bad, The Ugly, The Guaranteed and the Just Plain Weird” 1 Substantive Credit [ ] 1:40 PM - “The Trial of Aaron Burr” 1 Substantive Credit [ ] 2:50 PM - “Bankruptcy and Family Law – The Sequel” 1 Substantive Credit [ ] 4:00 PM – “The Magna Carta – Still Relevant After All These Years?” 1 Substantive Credit [ ] 5:10 PM - “Recent Developments in Ethics and Disciplinary Law” 1 Ethics Credit

[ ] 6:20 PM - “A Day in the Life of a District Attorney” 1 Substantive Credit

CLE Update 2

PBI Group Cast Seminar “Dragonetti and Litigation Torts”

Wednesday, January 11, 2017

Avoid the Specter of Sanctions Dragonetti and other litigation torts are an omnipresence haunting every practice. Avoid liability and learn to use litigation torts to your advantage by strengthening your knowledge of key elements, burdens, testimony and potential damages.

Review the Full Spectrum of Causes of Action Wrongful or malicious use of civil proceedings Abuse of process Malicious prosecution Common law-based claims

Understand How Each Phase of Trial Affects You The scope and waiver of attorney-client privilege Burdens of proof against each party to the action Requirements and usage of expert testimony Erie issues Sanctions and damages Nuances of litigation The pervasive threat of litigation claims in other actions

Registration and Boxed Lunch: 12:00 PM Seminar: 12:30 PM – 3:45 PM

2 Substantive & 1 Ethics Credits (Integrated) Tuition: $229.00

To Register Call PBI @ 1.800.932.4637

PBI Group Cast Seminar

“Making Use of Trusts for Asset Protection of the Middle Class”

Wednesday, January 18, 2017

Explore different types of Irrevocable Asset Protection Trusts and learn how they work to accomplish your client’s goal of asset protection. Examine how specific trust terms can accomplish client goals. Get tips for holding real estate in an Asset Protection Trust. Learn about income tax and gift tax considerations in drafting an Asset Protection Trust and get tips about choice of trust terms and selection of assets to protect. Protect assets from the costs of long-term care and creditors and reduce Pennsylvania Inheritance Tax.

Registration and Breakfast: 8:30 AM Seminar: 9:00 AM – 12:15PM



CLE Update 3

PBI Group Cast Seminar “Hot Topics in Capital Cases”

Friday, January 20, 2017

Learn about the Anatomy of a Mitigation Investigation DNA for Capital Case Lawyers

Understand Trauma and its Effects Stay up to date on the latest legal issues and the law of

aggravating circumstances.

Registration and Boxed Lunch: 11:30 AM Seminar: 12:00 PM – 4:15PM

4 Substantive Credits; Tuition: $179.00 To Register Call PBI @ 1.800.932.4637

PBI Group Cast Seminar “Death and Taxes”

Monday, January 23, 2017

Examine the Pennsylvania inheritance tax return and learn how to utilize exemption and deductions to save your clients’ money. Learn how to calculate the inheritance taxes in a way that yields the least financial impact on the estate. Learn how to advise other clients about estate planning options that will save their family money in the long run.




“Trends in Municipal Finance” Wednesday, January 25, 2017

Tackle these tough issues: Role of Solicitor in a bond issue

Legal challenges facing distressed municipalities beyond plain vanilla public bond issue

Continuing disclosure landscape



CLE Update 4

PBI Group Cast Seminar “Using Social Media Effectively and

Ethically in Your Practice” Tuesday, January 31, 2017

Social media has infiltrated the practice of law at every point of the profession. Many attorneys, from large and small firms alike, know the importance of social media but are unaware of how to use it effectively. This new program will explore what lawyers need to know about the use of LinkedIn, Facebook and Twitter. Attendees will walk away with a better understanding of the do’s and don’ts of social media as it relates to communications, marketing, public relations, and the practice of law. Examine the Ins and Outs of Social Media

What’s appropriate for business How to use it for marketing and public relations The difference between using it personally and

professionally What your firm should/should not share on social media The best way to use it for practicing law

FAQs You Will Learn Strategy on how social media should be used How to identify your target audience using social media Best approaches to marketing legal services through

social media Different uses for Facebook, Twitter and LinkedIn What amount of time you should devote to social media How to avoid getting into ethical trouble Distinctions/similarities between blogging and social

media Guidelines for your profile Best practices for effective content sharing The real secrets to Social Media Success!

Registration and Boxed Lunch: 10:30 AM Seminar: 11:00 AM – 2:30 PM



Don’t forget – if you want to see an up-to-date schedule of CLE courses being held at BALC, log on to: www.lehighbar.org At the top of the home page point on ‘CLE Seminars’ and on the drop down menu click on ‘CLE Seminar Listing’, open the file and see what’s scheduled. For more course information, go to our ‘Calendar’ and click on the date of the course you are interested in for full information. It’s that easy!

CLE Update 5

PBI Group Cast Seminar “Litigating the

Employment Discrimination Case” Wednesday, February 1, 2017

Establish effective investigation techniques Learn strategies for handling the charge process Take away practice pointers for navigation trial



PBI Group Cast Seminar “Practical Medicaid Planning” Thursday, February 2, 2017

Practical Medicaid Planning: Join PBI’s panel of Medicaid experts as they offer you an overview of three core areas of planning for Medicaid benefits. Walk away with a practical resource manual and a good foundation on these issues: The Basics – Learn eligibility rules, spend-down techniques, asset transfer rules and more. Crisis Planning: Keeping Mom Protected When Dad Goes into the Nursing Home – Know the key issues to address when a client comes to you for advice about a family member who has been admitted to a nursing home with little to no pre-planning. Discover the strategies available to married couples, as well as single applicants. Medicaid and Veterans Planning with Annuities – Explore immediate annuity planning techniques to help your client qualify for Medicaid and Veterans’ benefits. Spousal annuities and “short term” gift and annuity planning will be explained.



CLE Update 6

BALC LUNCH AND LEARN SEMINAR SPECIAL 2 HOUR TRAINING SESSION

$20.00 TUITION FEE FOR ALL WHO ATTEND (includes lunch and 2 Substantive CLE credits)

LEGAL SUPPORT STAFF WELCOME

“WCAIS Update”

WCAIS: The Workers’ Compensation Automation and Integration System

Presented by: Judge Brian J. Puhala,

Judge Cathleen A. Sabatino Judge Daniel G. Snyder

Judge Manager Karen A. Wertheimer Friday, February 3, 2017

Get an update on the latest about WCAIS!

Get all of your questions answered by this expert

panel of Judges and their support staff.

BALC Lunch & Learn Seminar Registration & Lunch: 11:45 AM Seminar: 12:15 PM – 2:15 PM

2 Substantive Credits Tuition for All: $20.00

To Register Call Nancy @ 610.433.6401 Ext: 16 E-mail: [email protected]

The CLE Department wants to continue to welcome walk-ins to the Lunch & Learn seminars but we may no longer be able to offer lunch to those who wish to attend but have not pre-registered. The department kindly requests, whenever possible to pre-register at least one or two days prior to a seminar. This is necessary in making arrangements for handouts and apprising the caterer.

To Register: Call: Nancy @ 610.433.6401 Ext: 16

Or E-mail: [email protected]

CLE Update 7

PBI Group Cast Seminar “Tell Me More: Stories to Attract and Engage”

Thursday, February 9, 2017 One of the many challenges attorneys face today is communicating their firm’s unique offerings, culture, and other intangibles to a variety of audiences. Stories are an excellent (and often overlooked) way to humanize facts and invite people to experience what makes you different. This lively, upbeat program explores the benefits of using stories to frame issues, engage audiences and inspire action. You will discover where to find good stories in your everyday life, how to craft them, and where to tell them. When done correctly, a good story cuts through the noise and increases the “re-tell” value of your message.

Registration and Boxed Lunch: 11:30 AM Seminar: 12:00 PM – 4:15 PM


PBI Group Cast Seminar “Black History Month Civil Rights Update”

Friday, February 10, 2017 Examine what is happening at the intersection of human rights and corporate decision-making. This intersection is evolving rapidly and it is worth your attention. Ray Brown and Wanda Akin stand at the forefront of this nexus of doing what is right for humanity and doing what is prudent for your clients. Corporate decision-makers who ignore, or even seek to mask human rights transgressions put their employees at risk of criminal penalties, companies at risk of enormous civil fines, and shareholders at risk of unanticipated and unforeseeable losses and reputational harm.

Discover the growing International hotbed of litigation – The United Nations “Protect, Respect and Remedy” Framework devotes one of its three sections to the Corporate Responsibility to Respect Human Rights. The U.S. Supreme Court’s ruling in Kiobel v. Royal Dutch Petroleum laid to rest a small corner of the issue of corporate liability, but it left open the discussion of supply chain issues, mergers and acquisitions, licensing and franchising, and other perils for multi-nationals under the Alien Tort Claims Act. Industry organizations are currently challenging the implementation of SEC regulations handed down to comply with the Conflict Minerals provisions of Dodd-Frank.

Registration and Breakfast: 8:00 AM Seminar: 8:30 AM – 3:30 PM

5 Substantive & 1 Ethics Credits (Integrated) Boxed lunch included with tuition

Tuition: $299.00 To Register Call PBI @ 1.800.932.4637

CLE Update 8

PBI Group Cast Seminar “Alcohol Law”

Tuesday, February 21, 2017 With the passage of Act 39 in August 2016, Pennsylvania lawmakers have opened a new chapter for businesses and consumers regarding the sale of alcohol for the first time since the end of Prohibition. The new laws present a number of opportunities and challenges for businesses engaged in the manufacture, distribution and sale of wine, beer, liquor and hard cider both within and outside the commonwealth. PBI’s experienced faculty will bring you the latest developments about what is now legal and how the new laws impact your clients in manufacturing, distribution and the retail aspects of alcohol.




“18th Annual Estate and Elder Law Symposium” Wednesday, February 22, 2017

In this one-day Symposium PBI will feature some of the most popular sessions from their annual Estate Law Institute and Elder Law Institute. Whether you have a general practice or you concentrate in estate law, elder law or both, you will find this course offers just what you need.


5 Substantive & 1 Ethics Credits Boxed lunch included with tuition; Tuition: $299.00


PBI Group Cast Seminar “Internet Legal Research”

Thursday, February 23, 2017 With over 620 million websites, the amount of information available on the web is staggering; making a simple web search overwhelming. Identify techniques to efficiently comb through the vast amount of online data, receive pointers to narrow your search results and discover resources to perform traditional and deep/invisible web searches. Discover how to navigate the different search engines on your smartphone or tablet as well as online to locate cases and other information important to your practice. Gain an understanding of social media searching, the limitations of using free sites and learn how to navigate the variety of resources available to you.

Registration and Boxed Lunch: 12:00 PM Seminar: 12:30 PM – 3:45 PM; Tuition: $249.00

2 Substantive & 1 Ethics Credits (Integrated) To Register Call PBI @ 1.800.932.4637

CLE Update 9

PBI Group Cast Seminar “From File to Trial:

8 Keys to Success in Court and Beyond” Friday, February 24, 2017

Judge Drummond was a successful trial lawyer for two decades and has spent the last decade doing one thing – presiding over jury and bench trials. Combining his own experience with his jury surveys, he brings you persuasion techniques that you can use from the day the case comes into your office to verdict. Making a good first impression is persuasion. Equip yourself with a checklist for jury selection, opening statements, direct examination, cross examination and closing arguments. Discover the top ten things a judge wants during a trial. The Trial Notebook is the most ignored but most powerful tool for all phases of the case.

Registration and Breakfast: 8:00 AM Seminar: 8:30 AM – 3:30 PM; Tuition: $299.00

Boxed lunch included with tuition 5 Substantive & 1 Ethics Credits (Integrated)



“Trial Skills/Cross Examination with Judge Bernstein”

Tuesday, February 28, 2017

Through the use of popular movie clips and a recreation of real life cross-examination by some of Pennsylvania’s most prominent and successful civil litigators, you will discover the keys to effective cross-examination. Learn how to get the answers you are seeking from both expert and lay witnesses. Join Judge Mark Bernstein, one of Pennsylvania’s foremost authorities on evidence and cross-examination, along with one of Philadelphia’s top plaintiffs’ counsel – Larry Bendesky – for an insightful and entertaining program. Walk away with a renewed confidence in your ability to conduct the most effective cross examination.

Registration and Boxed Lunch: 12:00 PM Seminar: 12:30 PM – 3:45 PM


CLE Update 10

THANKS TO 2016 CLE VOLUNTEER PRESENTERS

The Continuing Legal Education Committee of the Bar Association of Lehigh County acknowledges with gratitude the following

persons who presented CLE programs during 2016. We commend their generous service to the Bar.

~Individual Presentations~

January 8, 2016 “Again?!? We Heard (Some of) This Before! Some Need to Hear it Again (and Again) Part II” Hon. Richard E. Fehling

February 5, 2016 “Discharging Individual Income Tax Debts in Bankruptcy” John Solt, Esq.

March 22, 2016 “Natural Law Part One: The First Two Thousand Years” John Servis, Esq.

April 13, 2016 “Winding Down Your Practice” Ellen Freedman, CLM

April 19, 2016 “Medical and Legal Aspects of Common Hip Emergencies/Urgent Hip Problems in Infants and Children – Diagnoses Not to be Missed or Delayed” Jeffrey Bomze, M.D., F.A.A.P.

April 20, 2016 “Important New Developments in Personal Injury Law” Mark Altemose, Esq.

April 22, 2016 “Juvenile Offenders” Lehigh County Government Center Veronique N. Valliere, Psy.D.

May 24, 2016 “WORD for Law Firms” Member Benefit Program Ellen Freedman, CLM

CLE Update 11 ~Individual Presentations Continued~

June 9, 2016 “Bridge the Gap” Samuel D. Miller, III, Esq.

June 29, 2016 “Toxicology 101 for Attorneys” Allison A. Muller, Pharm.D

August 5, 2016 “Doing Good the Right Way – The Ethics of Pro Bono” David Keller Trevaskis, Esq.

August 16, 2016 “E-Mail: Etiquette and Ethics” Ellen Freedman, CLM

August 26, 2016 “Understanding Qualified Domestic Relations Orders” Mr. Brian Hogan

September 22, 2016 “Natural Law Part Two: The Last 350 Years” John Servis, Esq.

September 29, 2016 “Recent Family Law Topics: Discussion of the ‘Double Dip’ in Alimony; Personal Goodwill in Medical and Dental Practices; Discounts Related to Minority and Marketability of a Business Interest” Joseph Egler, CFA

October 4, 2016 “Can I Sell This Ivory Necklace? and other questions: An Introduction to Wildlife Law and Policy” Marissa Altmann

October 5, 2016 “Under All is the Land” Ray Geiger

October 12, 2016 “Oliver Wendell Holmes and the Birth of Modern American Law – Part I” Malcolm Gross, Esq.

CLE Update 12 ~Individual Presentations Continued~

October 19, 2016 “So You Think You Want to be a Judge?” Hon. Edward D. Reibman

November 2, 2016 “Medication Misadventure Cases: 10 Tips for Attorneys” Allison Muller, Pharm.D.

November 29, 2016 “Everything Has Been Said Before, but Since Nobody Listens, We Have to Keep Going Back and Begin All Over Again” Hon. Richard Fehling

December 1, 2016 “Pro Bono Beyond the Schoolhouse Gates – Youth Courts and Breaking the School to Prison Pipeline” David Keller Trevaskis, Esq.

December 2, 2016 “Oliver Wendell Holmes and the Birth of Modern American Law – Part II” Malcolm Gross, Esq.

December 14, 2016 “Records Management” Ellen Freedman, CLM

~Joint/Panel Presentations~

4-26-16 “Environmental Due Diligence and the Real Estate Deal” Chris Koch, P.G. Jamie Kleinle Steve Cihylik

5-11-16 “The Secret World of Human Trafficking” Shea Rhodes, Esq. Mary DeFusco, Esq.

5-25-16 “Legal Issues Impacting Transgender Pennsylvanians” Leslie Cooper, Esq. Carl Charles, Esq. Mary Catherine Roper, Esq.

CLE Update 13 ~Joint/Panel Presentations Continued~

6-8-16 “Recession, Recovery and Now – Update 2016” Kamran Afshar, Ph.D. Buddy Lesavoy, Esq.

6-30-16 “Drafting and Litigating Restrictive Covenants in the Lehigh Valley” Loren Speziale, Esq. Kimberly Spotts-Kimmel, Esq. Zachary Fowler, Esq.

8-17-16 “ACA Compliance Applies to Law Firms of All Sizes. Is Your Firm Compliant with Affordable Care Act Requirements?” Jennifer Roth Shelly Bloom

8-23-16 “Bipartisan Budget Act of 2015 and the Important Update to Social Security Claiming Strategies” Bernadette Holland, CFP Amy Villani

~District Attorney Criminal Law Institute Presentations~

March 17, 2016 “Gang Sentencing Enhancements and Using Gang Intelligence in Court” Bethany Zampogna, Esq.

October 13, 2016 “Westlaw Refresher” Margie Cunningham, Esq.

December 28, 2016 “Brady and the Prosecutors Obligations in Discovery” Heather Gallagher, Esq.

CLE Update 14

Barristers’ Inn Presentations~

January 20, 2016 “Are Ewe Kitten Me? A Koalaty Discussion of Animal Law Issues” Zachary Cohen, Esq. – Team Captain Raymond DeRaymond, Esq. Laura Herzog, Esq. Emanuel Kapelsohn, Esq. Hala Khouly, Esq. Matthew Mobilio, Esq.

Hon. Douglas Reichley Ian Richetti, Esq. Timothy Stevens, Esq. Donald E. Wieand, Jr., Esq.

February 17, 2016 “Sanctions: Don’t Let Them Raynor Your Parade” Joseph D’Amico, Esq. – Team Captain Steven Bergstein, Esq. Michael Blum, Esq. Thomas Capehart, Esq.

Kevin Conrad, Esq. Michelle Forsell, Esq. Ramma Mineo, Esq.

March 16, 2016 “New Developments in Pennsylvania Child Protection Laws” Kristie Beitler Esq. – Team Captain Nikolaus Baikow, Esq. William Bried, Esq. Juan Camacho, Esq. Robert Donatelli, Esq. William Fries, Esq. Harold Funt, Esq. Kathryn Liebhaber, Esq.

Susan Maurer, Esq. Paul Schaffer, Esq. Hon. Michele Varricchio Joel Wiener, Esq. Kathleen Williamson, Esq. – Guest Presenter

April 20, 2016 “The Evidence of Courtroom Manners and Maneuvers” Mark Altemose, Esq. – Team Captain John Ashley, Esq. James Dodd-O, Esq. Hon. J. Brian Johnson David Ritter, Esq.

Theodore Schick, Esq. James Swartz, III, Esq. David Williams, Esq.

September 21, 2016 “It’s Not Rigged!! A Primer on Election Law” Zachary Cohen, Esq. – Team Captain Laura Herzog, Esq. Emanuel Kapelsohn, Esq. Hon. Daniel McCarthy Matthew Mobilio, Esq.

Georgine Olexa, Esq. Hon. Douglas Reichley Ian Richetti, Esq. Timothy Benio (Guest)

CLE Update 15

~Barristers’ Inn Presentations Continued~

October 19, 2016 “Lien On Me” Michael Blum, Esq. – Team Captain Steven Bergstein, Esq. Thomas Capehart, Esq. Victor Cavacini, Esq.

Joseph D’Amico, Esq. Zachary Fowler, Esq.

November 16, 2016 “They Young and the Punishable: The Path to and Effects of Miller v. Alabama on the Adjudication and Sentencing of Children” Gretchen Geisser, Esq. – Team Captain Steven Margolis, Esq. Hon. William Platt Thomas Regan, Esq. Jason Schiffer, Esq. Rudolph Zieger, Jr., Esq.

Theodore Tanski, Esq. – Guest Speaker from the Pennsylvania Innocence Project

~Bench Bar Conference Presentations~ Cooperstown, New York

September 10, 2016 “Baseball and the Rule of Law” Paul Finkelman, Esq.

September 10, 2016 “Fugitive Baseballs, Abandoned Property, Performance Enhancements and Other Ways Baseball and Law Interact” Paul Finkelman, Esq.

September 10, 2016 “Dick Allen: Baseball’s Bartleby” Mitchell Nathanson, Esq.

September 11, 2016 “Who Exempted Baseball, Anyway?: The Development and Scope of Baseball’s Antitrust Exemption” Hon. Edward Reibman Hon. Daniel McCarthy Mitchell Nathanson, Esq. Gavin Holihan, Esq. Once again, our sincerest thanks to all of these wonderful

Presenters who have graciously given up their time to present CLE seminars in 2016.

CLE Update 16

BALC CLE REGISTRATION FORM

Name:___________________________________________

PA Sup.CT.ID_____________________________________ Member of the Bar Association of: [ ] Lehigh [ ] Northampton [ ] Other_______________________ [ ] Legal Support Staff Register by: Phone 610.433.6401, Ext. 16; FAX 610.770.9826; E-Mail [email protected] or Mail your registration to: BALC, 1114 Walnut Street, Allentown PA 18102.

[ ] December 28: “Video Compliance Camp” Earn up to 7 Substantive and 2 Ethics Credits [ ] February 3: “WCAIS Update” Special 2 Hour Session $20.00 tuition fee for all who attend

TOTAL AMOUNT ENCLOSED $_________________________ Please make checks payable to & mail to: BALC, 1114 W Walnut St, Allentown PA 18102.

CHANGE OF PBI POLICY

Because of low attendance at many PBI Simulcast seminars in recent months, PBI has adopted a policy to cancel programs when the registration does not justify the direct costs. PBI may cancel programs approximately ten (10) days before the scheduled date of the presentation under these circumstances.

Although PBI no longer charges extra tuition for walk-ins, to avoid cancellation of seminars which you would like to attend, please pre-register.

Call the PBI Registration Number at: 1.800.932.4637 before the program if you plan to

register “at the door”.

NewsLine 5

Hands-Only CPR January 10, 2017

Free Member Benefit Please mark your calendar for a FREE Member Benefit that could save your life or someone you know. On January 10th, at 4:30 PM Cardiologist Dr. Nainesh Patel and other dedicated volunteers from the Lehigh Valley Network will demonstrate Hands-Only CPR. All Members, Family Members & Members Staff, are invited to take part in this demonstration and training. Hands-Only CPR is CPR without mouth-to-mouth breaths. It is recommended for use by people who see a teen or adult suddenly collapse in an “out-of-hospital” setting (such as at home, at work or in a park). According to the American Heart Association, about 90 percent of people who suffer out-of hospital cardiac arrests die. CPR, especially if performed immediately, can double or triple a cardiac arrest victim’s chance of survival.

Registration: 4:00PM Demonstration: 4:30PM

Happy Hour Mixer Immediately After

RSVP for Demonstration Requested:

[email protected] or 610-433-6204 X12.

NewsLine 6

The Lawyers Lunch Table

A treasured tradition is returning for all Lawyers and Judges. There is a standing reservation for Lunch at Bell Hall, 612 W. Hamilton St, on the 1st Thursday of the month, 12PM. Please come out enjoy some camaraderie with other colleagues.

Please RSVP to: Robert Donatelli

610-391-1800 [email protected]

NewsLine 7

The 2017 Bar Admissions Ceremony

The 2017 Bar Admissions Ceremony will be held on January 27, 2017 at 4:00 p.m. in Courtroom 2A of the Lehigh County Courthouse. All individuals interested in participating must obtain a Bar Admissions Ceremony Information Packet from the Court Administrator’s Office in Room 614 or request an electronic copy by sending an e-mail to [email protected]. The packet contains instructions, a sample petition, a sample proposed order, and an application form. The application form only must be completed and returned to the Court Administrator’s Office by January 18, 2017. If you prefer to file the application electronically, please send it to [email protected]. Please be advised that failure to file the application form by the deadline may prevent the applicant from participating in the ceremony. Petitions and proposed orders for admission should not be presented to Court Administration or to the judges prior to the ceremony on January 27, 2017. Instead, please bring your petition and proposed order with you to the Bar Admissions Ceremony.

Family and friends are welcome to attend. A reception will be held at the Barristers’ Club immediately following the ceremony.

NewsLine 8

2016 Calendar

December

December 26: Bar Association Holiday- Office Closed

January 2017

January 2: Bar Association Holiday- Office Closed

January 10: CPR Class 4pm

January 10: LCPA Steering Committee Meeting 12pm

January 12: Membership Meeting and Annual Dinner 5:30pm

January 16: Bar Association Holiday- Office Closed

January 27: Bar Admissions & New Member Reception

February

February 13: Bar Memorials 9am Courtroom A


Lehigh 7-17 op

b. Statement Made to Detective Cramer

Detective Cramer interviewed the defendant, but only after the defendant was no longer a suspect in the shooting. As a result, Detective Cramer did not believe Miranda warnings were neces-sary.

It is well established that Miranda warnings are only required in a custodial interrogation. Commonwealth v. Housman, 604 Pa. 596, 625, 986 A.2d 822, 839 (2009). Custodial interrogation has been defined as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his [or her] freedom of action in any significant way.” Common-wealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999); see also, Commonwealth v. garvin, 50 A.3d 694, 698 (Pa. Super. 2012); Commonwealth v. gonzalez, 979 A.2d 879, 887-88 (Pa. Super. 2009) (quoting Miranda v. Arizona, 384 U.S. 436, 444 (1996)). The United States Supreme Court has stated, “the ultimate inquiry is ... whether there [was] a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest.” Com-monwealth v. Boczkowski, 577 Pa. 421, 447, 846 A.2d 75, 90 (2004) (quoting Stansbury v. California, 511 U.S. 318, 322 (1994)).

“The standard for determining whether an encounter with police is deemed ‘custodial’ ... is an objective one based on a total-ity of the circumstances with due consideration given to the reason-able impression conveyed to the person interrogated.” Common-wealth v. Johnson, 615 Pa. 354, 374, 42 A.3d 1017, 1028 (2012); Commonwealth v. Busch, 713 A.2d 97, 99 (Pa. Super. 1998). It was explained in further detail in Stansbury, “that the initial deter-mination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned.” Stansbury v. California, 511 U.S. 318, 322-23 (1994). In Commonwealth v. Baker, 24 A.3d 1006 (Pa. Super. 2011) the following factors were identified to determine under the totality of the circumstances whether a detention has become so coercive to constitute the functional equivalent of an arrest:

[T]he basis for the detention; its length; its location; whether the suspect was transported against his or her will,

17


Lehigh 7-17 op

how far, and why; whether restraints were used; whether the law enforcement officer showed, threatened, or used force; and the investigative methods employed to confirm or dispel suspicions.

Id. at 1019-20 (citing Commonwealth v. Mannion, 725 A.2d 196, 200 (Pa. Super. 1999)). See also, Commonwealth v. Williams, 941 A.2d 14, 31 (Pa. Super. 2008); Commonwealth v.Watkins, 750 A.2d 308, 313 (Pa. Super. 2000).

Finally, in Howe v. Fields, 132 S. Ct. 1181, 1189 (2012), it was similarly explained:

As used in our Miranda case law, ‘custody’ is a term of art that specifies circumstances that are thought generally to present a serious danger or coercion. In determining wheth-er a person is in custody in this sense, the initial step is to ascertain whether, in light of the objective circumstances of the interrogation a reasonable person [would] have felt he or she was not at liberty to terminate the interrogation and leave. And in order to determine how a suspect would have gauge[d] his freedom of movement, courts must examine all of the circumstances surrounding the interrogation. Relevant factors include the location of the questioning, its duration, state-ments made during the interview, the presence or absence of physical restraints during the questioning, and the release of the interviewee at the end of questioning.

Id. (internal quotations and citations omitted).

In Commonwealth v. Horner, 497 Pa. 565, 442 A.2d 682 (1982), it was explained that the police are not required to provide Miranda warnings to a witness even when that witness is trans-ported to the police station in a locked police van. See also, Com-monwealth v. O’Shea, 456 Pa. 288, 291, 318 A.2d 713, 714 (1974) (“Although Miranda warnings are not required before interviewing all possible witnesses to the crime, they are required ‘wherever an individual is questioned while in custody [o]r while the object of an investigation of which he is the focus.’ ”).

The circumstances in this case are somewhat different, but nonetheless, Miranda warnings were not required because the

18


Lehigh 7-17 op

defendant was a witness. He was initially a suspect and in custody when he was placed in a cell at the South Whitehall Police Depart-ment. However, when Detective Cramer interviewed him, the objective circumstances demonstrate that the cloud of custody had disappeared. Detective Cramer told him that he was a suspect, but basically a witness.8 He explained that he did not provide the defendant with Miranda warnings because he was no longer con-sidered a suspect.9 The defendant was not handcuffed, and upon learning that he was not a suspect, he was cooperative. He was told he was free to leave,10 but remained, and provided Detective Cra-mer with a description and information about the shooter. In retrospect, it may have been better for the defendant to remain silent. However, poor judgment is not the litmus test for deciding if Miranda warnings are mandated.

Finally, the defendant was released and provided a ride home after the interview.11 The facts and circumstances demonstrate that the defendant was not subject to a custodial interrogation requir-ing Miranda warnings.

For all the foregoing reasons, the Motion to Suppress is de-nied.

ORDER

AND NOW, this 15th day of November, 2016, upon consid-eration of the “Motion to Suppress Statements Pursuant to Pa.R.Crim.P. 581,” a suppression hearing held on October 10, 2016, and consideration of the memorandum of law filed by coun-sel;

IT IS HEREBY ORDERED that the Motion to Suppress Statements is DENIED.

19

8 Id. at pp. 20-22, 29.9 Id. at p. 21.10 Id. at p. 29. 11 Id. at p. 26.

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LEHIGH LAW JOURNAL

ESTATE AND TRUST NOTICESNotice is hereby given that, in the

estates of the decedents set forth below, the Register of Wills has granted letters testamentary or of administration to the persons named. Notice is also hereby given of the existence of the trusts of the deceased settlors set forth below for whom no personal representatives have been appointed within 90 days of death. All persons having claims or de-mands against said estates or trusts are requested to make known the same, and all persons indebted to said estates or trusts are requested to make payment, without delay, to the executors or administrators or trustees or to their attorneys named below.

FIRST PUBLICATION

Bowie, Donald S. a/k/a Donald S. Bowie, Jr., dec’d.Late of Allentown. Co-Executrices: Ann Fox, Bar-bara B. Kulakowsky and Susan M. Noonan c/o Noonan Law Office, 526 Walnut St., Allen-town, PA 18101.Attorneys: Noonan Law Office, 526 Walnut St., Allentown, PA 18101.

Ervin, Rose J., dec’d.Late of Bethlehem. Executor: Kevin S. Ervin c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Frederick, Eleanor L., dec’d.Late of Allentown. Executor: Harold Fatzinger c/o David M. Roth, Esquire, 123

North Fifth Street, Allentown, PA 18102.Attorney: David M. Roth, Es-quire, 123 North Fifth Street, Allentown, PA 18102.

Kraft, Beatrice M., dec’d.Late of Lower Milford Township. Executrix: Sandra K. Breunig c/o Tomlinson & Gerhart, 414 Main Street, P.O. Box 14, East Greenville, PA 18041.Attorneys: Michelle M. Forsell, Esquire, Tomlinson & Gerhart, 414 Main Street, P.O. Box 14, East Greenville, PA 18041.

Kulp, Marvin L., dec’d.Late of 1410 W. Highland Street, Allentown. Executor: Brian J. Kulp c/o Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allen-town, PA 18104.Attorney: Linda S. Luther-Veno, Esquire, 2204 Walbert Avenue, Allentown, PA 18104.

Lindaberry, John H., dec’d.Late of Lower Milford Township.John H. Lindaberry Trust, dated October 28, 2010.Trustee: Gladys E. Hockman, 7692 Bell Gate Rd., Coopers-burg, PA 18036.

Miller, Eugene E., dec’d.Late of the Township of Wash-ington. Executors: Bonita E. Hewitt and Matthew D. Hewitt, 8350 Rex-town Road, Slatington, PA 18080.Attorneys: James A. Wimmer, Esq., Philip & Wimmer, 419 Delaware Avenue, P.O. Box 157, Palmerton, PA 18071.

Muth, Ruth E. a/k/a Ruth Muth, dec’d.Late of Catasauqua.

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LEHIGH LAW JOURNAL

Administratrix: Chelsea C. Muth c/o David B. Schwartz, Esquire, 44 E. Broad St., Suite 15, Bethlehem, PA 18018.Attorney: David B. Schwartz, Esquire, 44 E. Broad St., Suite 15, Bethlehem, PA 18018, (610) 691-3151.

Nester, Elmer V. a/k/a Elmer Vernon Nester, dec’d.Late of Allentown. Executrix: Debra E. Moyer c/o William J. Fries, Esquire, The Atrium—Suite 106, 2895 Ham-ilton Boulevard, Allentown, PA 18104.Attorney: William J. Fries, Es-quire, The Atrium—Suite 106, 2895 Hamilton Boulevard, Al-lentown, PA 18104.

Novak, Helen S., dec’d.Late of Allentown. Executrix: Kathleen T. Slusaw a/k/a Kathleen Tanya Slusaw c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Novatnack, William V., dec’d.Late of the City of Bethlehem. Co-Executors: Thomas V. No-vatnack and Robert W. Novat-nack c/o Mary Ann Snell, Es-quire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017.Attorney: Mary Ann Snell, Es-quire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017.

O’Hora, Mary E., dec’d.Late of the City of Bethlehem. Co-Executors: Olive M. O’Hora and Edward P. O’Hora c/o Mary

Ann Snell, Esquire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017.Attorney: Mary Ann Snell, Es-quire, 4510 Bath Pike, Suite 201, Bethlehem, PA 18017.

Stark, Shirley J. a/k/a Shirley Stark, dec’d.Late of Macungie Borough.Executrix: Sandra J. Stark, 210 Ridings Cir., Macungie, PA 18062.

Tucker, Rose M. a/k/a Rose Tucker, dec’d.Late of Allentown. Executors: Joshua I. Tucker and Mae Gunn c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Zaengle, Josephine M., dec’d.Late of South Whitehall Town-ship. Executor: Donald C. Zaengle c/o Amanda Racines Lovett, Esquire, Gardner, Racines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.Attorneys: Amanda Racines Lovett, Esquire, Gardner, Ra-cines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.

SECOND PUBLICATION

Azar, Zouhaira Y., dec’d.Late of Allentown. Executor: Nazih Y. Azar c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

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LEHIGH LAW JOURNAL

Longenbach, Roy L. a/k/a Roy Longenbach, dec’d.Late of Whitehall. Co-Executors: Michael R. Long-enbach and Ricky L. Longen-bach c/o Daniel G. Dougherty, Esq., 881 3rd St., Suite B-3, Whitehall, PA 18052.Attorney: Daniel G. Dougherty, Esq., 881 3rd. St., Suite B-3, Whitehall, PA 18052.

Marinaro, Betty J. a/k/a Betty Jane Marinaro, dec’d.Late of 1455 Crestwood Rd., Bethlehem.Executrix: Mia Marinaro, 1455 Crestwood Rd., Bethlehem, PA 18018.

Maurer, Anna R. a/k/a Ann R. Maurer, dec’d.Late of 3133 Linda Lane, Apt. B, Allentown. Personal Representative: Jeffrey I. Maurer c/o James A. Ritter, Esquire, Gross McGinley, LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049-2916.Attorneys: James A. Ritter, Es-quire, Gross McGinley, LLP, 111 E. Harrison Street, Suite 2, Emmaus, PA 18049-2916.

McMullen, Kathleen A., dec’d.Late of the Borough of Em-maus. Executrix: Lucille A. Daddona c/o Littner, Deschler & Littner, 512 North New Street, Bethle-hem, PA 18018.Attorneys: Robert H. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018.

Miller, Ruth G. a/k/a Ruth Gayle Zaginaylo, dec’d.Late of the City of Macungie.

Callisto, Pellegrino P., dec’d.Late of Bethlehem. Executrix: Francesca Ohl c/o David M. Roth, Esquire, 123 North Fifth Street, Allentown, PA 18102.Attorney: David M. Roth, Es-quire, 123 North Fifth Street, Allentown, PA 18102.

Embon, Marie C., dec’d.Late of Lower Macungie Town-ship. Executor: Franklin C. Embon, Jr. c/o Robert N. Rust, III, Es-quire, 4461 Kohler Drive, Al-lentown, PA 18103.Attorney: Robert N. Rust, III, Esquire, 4461 Kohler Drive, Al-lentown, PA 18103.

Fulmer, Albert, dec’d.Late of Slatington. Administratrix: Nancy Lila Rothrock, 4119 Main Street, Slatington, PA 18080.Attorney: Gary D. Marchalk, Esquire, 204 E. Broad St., Ta-maqua, PA 18252.

Gagliardi, Ernest J., dec’d.Late of Macungie. Executrix: Judy Venezie n/k/a Judith A. Venezie-Gagliardi c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Germano, Michael J., dec’d.Late of Allentown. Executrix: Joan S. Germano.Attorneys: Donald LaBarre, Jr., Esquire, Gross, McGinley LLP, 111 E. Harrison St., Suite 2, Emmaus, PA 18049.

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Executrix: Diana M. White, 1125 Jaime Circle, Wescosville, PA 18106.

Poborets, Bella, dec’d.Late of 640 Benner Road, Apart-ment 104, Allentown. Executrix: Sarah Poborets, 50 East 34th Street, New York, NY 10016.Attorneys: Marla J. Melman, Esquire, Scoblionko, Scoblion-ko, Muir & Melman, 40 South 5th Street, Allentown, PA 18101, (610) 351-0855.

Sablow, Marc S., dec’d.Late of Lynn Township. Executrix: Agnes Y. Sablow c/o Jon A. Swartz, Esquire, 7736 Main Street, Fogelsville, PA 18051.Attorney: Jon A. Swartz, Es-quire, 7736 Main Street, Fogels-ville, PA 18051.

Semmel, Richard D., dec’d.Late of Whitehall, formerly of Slatedale. Executrix: Kerrie L. Semmel c/o Steckel and Stopp, 125 S. Wal-nut Street, Suite 210, Slating-ton, PA 18080.Attorneys: Keith W. Strohl, Es-quire, Steckel and Stopp, 125 S. Walnut Street, Suite 210, Slatington, PA 18080.

Semmel, Richard D., dec’d.Late of Whitehall, formerly of Slatedale. Settlor of the Revocable Trust created by Richard D. Semmel and Lois K. Semmel for the Benefit of Members of the Rich-ard D. Semmel and Lois K. Semmel Family.Trustee: Kerrie L. Semmel, 17 S. Madison St., Allentown, PA 18102.

Attorneys: Charles W. Stopp, Esquire, Steckel and Stopp, 125 South Walnut Street, Suite 210, Slatington, PA 18080.

Snyder, Florence D., dec’d.Late of Allentown. Executrix: Nancy Myers c/o The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.Attorneys: Robert B. Roth, Es-quire, The Roth Law Firm, 123 North Fifth Street, Allentown, PA 18102.

Steiner, Grace A. a/k/a Grace Arlene Steiner, dec’d.Late of 2029 Westgate Drive, Bethlehem. Executor: Paul P. Steiner c/o Daniel A. Prestosh, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Al-lentown, PA 18105-4060.Attorneys: Daniel A. Prestosh, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Steiner, Willibald P., dec’d.Late of 1879 Robin Way, Beth-lehem. Executor: Paul P. Steiner c/o Daniel A. Prestosh, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Al-lentown, PA 18105-4060.Attorneys: Daniel A. Prestosh, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Tomcho, Cecelia A., dec’d.Late of the City of Whitehall. Executor: Brian Molinatti c/o Norris, McLaughlin & Marcus, P.A., 515 West Hamilton Street, Suite 502, Allentown, PA 18101.

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LEHIGH LAW JOURNAL

Attorneys: Robert E. Donatelli, Esquire, Norris, McLaughlin & Marcus, P.A., 515 West Hamil-ton Street, Suite 502, Allen-town, PA 18101.

Trexler, James E., dec’d.Late of Upper Saucon Township. Executor: William H. Trexler c/o Amanda Racines Lovett, Es-quire, Gardner, Racines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.Attorneys: Amanda Racines Lovett, Esquire, Gardner, Ra-cines & Sheetz, 3968 Maulfair Place, Allentown, PA 18103.

West, Kathleen M., dec’d.Late of 332 S. 18th Street, Al-lentown. Executrix: Erika J. West c/o Waldman Law Group, P.C., 501 N. Park Road, Wyomissing, PA 19610.Attorneys: Jay W. Waldman, Esquire, Waldman Law Group, P.C., 501 N. Park Road, Wyo-missing, PA 19610.

Zeky, Grace R., dec’d.Late of the City of Allentown. Executor: Branch Banking & Trust Co. c/o Jay R. Wagner, Esq., 111 N. 6th St., Reading, PA 19601.Attorneys: Jay R. Wagner, Es-quire, Stevens & Lee, 111 N. 6th St., Reading, PA 19601.

THIRD PUBLICATION

Bachman, Reuben J., dec’d.Late of Germansville. Executor: Randy J. Bachman c/o Kathleen M. Collins, Es-quire, 1125 S. Cedar Crest Boulevard, Suite 205, Allen-town, PA 18103.

Attorney: Kathleen M. Collins, Esquire, 1125 S. Cedar Crest Boulevard, Suite 205, Allen-town, PA 18103.

Bankes, Dorothy S., dec’d.Late of Wescosville. Co-Executors: Marjorie M. McKensie and Ronald W. Bank-es c/o Thomas J. Turczyn, Es-quire, 1711 W. Hamilton Street, Allentown, PA 18104.Attorney: Thomas J. Turczyn, Esquire, 1711 W. Hamilton Street, Allentown, PA 18104.

Belz, Betty M., dec’d.Late of 2734 Diane Blvd., Al-lentown. Executrix: Marcia Ann Colpan c/o Feldman Law Offices, P.C., 221 N. Cedar Crest Blvd., Al-lentown, PA 18104.Attorneys: Samuel F. Feldman, Esquire, Feldman Law Offices, P.C., 221 N. Cedar Crest Blvd., Allentown, PA 18104.

Brinckman, Nancy J., dec’d.Late of Upper Milford Township. Executor: Mark D. Brinckman c/o Eric R. Strauss, Esquire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allen-town, PA 18104.Attorneys: Eric R. Strauss, Es-quire, Worth, Magee & Fisher, P.C., 2610 Walbert Avenue, Allentown, PA 18104.

Chen, Youang Keow a/k/a Mike Chen, dec’d.Late of 937 North 24th Street, Allentown. Executrix: Siew Cheng Lim, 905 South Front Street, Allentown, PA 18103.Attorneys: Mark H. Scoblionko, Esquire, Scoblionko, Scoblion-

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ko, Muir & Melman, 40 South Fifth Street, Allentown, PA 18101.

Gray, Mary R., dec’d.Late of 2135 Wisteria Road, Macungie. Personal Representative: Jaclyn A. Greff c/o Thomas A. Cape-hart, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.Attorneys: Thomas A. Capehart, Esquire, Gross McGinley, LLP, 33 South 7th Street, P.O. Box 4060, Allentown, PA 18105-4060.

Kauffman, Elona L. a/k/a Elona Lorraine Kauffman, dec’d.Late of Alburtis. Co-Executors: Franklin E. Kauffman and Ernest E. Kauff-man c/o Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.Attorneys: Rebecca M. Young, Esq. and Lia K. Snyder, Esq., Young & Young, 119 E. Main Street, Macungie, PA 18062.

Kish, Michael, Jr., dec’d.Late of Upper Saucon Town-ship. Executrix: Barbara S. Guban-ich c/o Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton Street, Suite 502, Allentown, PA 18101.Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton Street, Suite 502, Allentown, PA 18101.

Klingaman, John D., dec’d.Late of Allentown.

Executrix: Leigh Ann Ryan c/o Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.Attorneys: Sally L. Schoffstall, Esquire, Schoffstall Elder Law, 2987 Corporate Court, Suite 200, Orefield, PA 18069.

Konold, Catherine A., dec’d.Late of Upper Saucon Town-ship.Executor: David E. Konold, 3672 Flint Hill Road, Coopers-burg, PA 18036.Attorney: Kristofer M. Metzger, Esquire, 6666 Passer Rd., Suite #3, Coopersburg, PA 18036-1258.

Lipe, Fred T. a/k/a Fred Ter-rance Lipe, dec’d.Late of Allentown. Personal Representative: Kim-berly A. Fassl c/o Kirby G. Upright, Esquire, One West Broad Street, Suite 700, Beth-lehem, PA 18018.Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Beth-lehem, PA 18018, (610) 332-0390.

Meetsma, Charles R., dec’d.Late of South Whitehall Town-ship.Personal Representative: Beth D. Meetsma c/o Peter P. Perry, Esquire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.Attorney: Peter P. Perry, Es-quire, 1600 Lehigh Parkway East, 1E, Allentown, PA 18103-3097.

Nuss, Donna C., dec’d.Late of Orefield.

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Executrix: Lisa Wallover c/o R. Nicholas Nanovic, Esquire, Nor-ris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.Attorneys: R. Nicholas Nanovic, Esquire, Norris, McLaughlin & Marcus, P.A., 515 W. Hamilton St., Suite 502, Allentown, PA 18101.

Petty, Marilyn L., dec’d.Late of the City of Allentown. Co-Executrices: Susan Petty Bailer and Barbara Konrath c/o Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426.Attorney: Gail Weiner Shearer, Esquire, 70 E. Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426.

Rohrbach, Edward R., Sr., dec’d.Late of Lower Macungie Town-ship. Executor: Edward R. Rohrbach, Jr. c/o Bradford D. Wagner, Esquire, 662 Main Street, Hel-lertown, PA 18055-1726.Attorney: Bradford D. Wagner, Esquire, 662 Main Street, Hel-lertown, PA 18055-1726, (610) 838-6563.

Ulincy, Andrew A., dec’d.Late of Bethlehem. Personal Representative: Jean Schmalzer c/o Kirby G. Upright, Esquire, One West Broad Street, Suite 700, Bethlehem, PA 18018.Attorneys: Kirby G. Upright, Esquire, King Spry Herman Freund & Faul LLC, One West Broad Street, Suite 700, Beth-lehem, PA 18018, (610) 332-0390.

NOTICE OF INCORPORATION

NOTICE IS HEREBY GIVEN that Articles of Incorporation have been (are to be) filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, for the purpose of obtaining a Certificate of Incorporation pursuant to the provisions of the Business Corporation Law of the Common-wealth of Pennsylvania, Act of De-cember 21, 1988 (P.L. 1444, No. 177), by the following corporation:

The name of the corporation is:ACTIVE EXPRESS AUTO INC.

D-23

INDIVIDUAL FICTITIOUS NAME NOTICE

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

Name: 17TH AND WALNUT PRO-FESSIONAL BUILDING.

The names and addresses of the persons owning or interested in said business are: Norman Miller, 2529 Greenleaf Street, Allentown, PA 18104; Maxine Miller, 2529 Greenleaf Street, Allentown, PA 18104; Jay E. Melman, 1020 Barnsdale Road, Al-lentown, PA 18103; and Marla J. Melman, 1020 Barnsdale Road, Al-lentown, PA 18103.MARLA J. MELMAN, ESQ.SCOBLIONKO, SCOBLIONKO, MUIR & MELMAN40 South 5th StreetAllentown, PA 18101(610) 351-0855

D-23

NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization has been filed on December 5, 2016 with the

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LEHIGH LAW JOURNALDepartment of State of the Common-wealth of Pennsylvania, pursuant to the provisions of the Pennsylvania Limited Liability Act of 1994 for the following limited liability company:

CAZEUS, LLChas filed a Certificate of Organization under the provisions of the Pennsyl-vania Limited Liability Company Law of 1994.GLADYS E. WILES, ESQ.SNYDER & WILES, P.C.7731 Main StreetFogelsville, PA 18051(610) 391-9500

D-23

LIMITED LIABILITY COMPANY NOTICE

NOTICE IS HEREBY GIVEN that a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, Pennsyl-vania, pursuant to the provisions of the Limited Liability Company Law of the Commonwealth of Pennsylvania, Act of December 7, 1994 (P.L. 703, No. 106), by the following company:

THE GOOD FARM, LLCThe Certificate of Organization

was filed on December 14, 2016.REBECCA M. YOUNG, ESQ.LIA K. SNYDER, ESQ.YOUNG & YOUNG119 E. Main StreetMacungie, PA 18062

D-23

CHANGE OF NAME NOTICE

In the Court of Common Pleas of Lehigh County

Civil Action—Law

NO. 2016 C 3606

NOTICE IS HEREBY GIVEN that on December 19, 2016, the Petition of Phuong Nguyen and My Hoang has been filed in the above named Court, praying for a Decree to change the name of minor child from Hoang Nguyen Dinh Duy to Phillip Nguyen.

The Court has fixed February 8, 2017 at 9:30 A.M. in Courtroom No. 5C, Lehigh County Courthouse, Al-lentown, Pennsylvania, as the date and place for the hearing of said Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of said Petitioners should not be granted.

D-23

NOTICE OF MARSHAL’S SALE OF REAL ESTATE

In the United States District Court for the Eastern District of

Pennsylvania

No. 5:16-CV-00808-LS

U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE,

SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY

MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR THE REGISTERED HOLDERS OF LB-UBS

COMMERCIAL MORTGAGE TRUST 2006 C-1, COMMERCIAL

MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C1,

Plaintiffv.

HSP LEHIGH VALLEY WAREHOUSE LP,

Defendant————

Marshal’s Sale of Real Estate on January 27, 2017, at 10:00 A.M., at the U.S. Marshal’s Service, 2110 U.S. Courthouse, 601 Market St., Phila-delphia, PA 19106.

TO BE SOLD: All that certain tract of land known as 910 Nestle Way, Upper Macungie Township (Breinigs-ville), Lehigh County, Pennsylvania, as more particularly described in Exhibit A to the Mortgage recorded on January 10, 2006, at Instrument Number 7316921 in the Lehigh County Recorder of Deeds.

SEIZED IN EXECUTION as the Property of HSP LEHIGH VALLEY

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LEHIGH LAW JOURNALWAREHOUSE LP. Judgment entered July 27, 2016 in the amount of $54,918,448.16, plus interest and costs through the date of the Mar-shal’s sale.

The improvements are commer-cial.

10% of the bid is due at the time of sale in the form of money order, cashier’s check or certified funds (no cash); the balance is due 10 days after the Court confirms the sale. Other terms and conditions to be announced at the sale. Schedule of Distribution will be filed by Plaintiff ’s attorney within 30 days of the date of sale.

For more information, contact Daniel Mullin, Esq. at (215) 665-8500.

D-23, 30; J-6, 13

NOTICE OF ACTION IN MORTGAGE FORECLOSURE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Civil Action—Law

No. 2016-C-2094

JPMorgan Chase Bank, National Association successor by merger to

Chase Home Finance LLC successor by merger to Chase

Manhattan Mortgage Corporation, Plaintiff

vs.Tara Maria George, Known Heir of Patricia Skudera, Deceased and

Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Patricia M. Skudera, Deceased,

Defendant(s)

NOTICE OF SHERIFF ’S SALE OF REAL PROPERTY

TO: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest From or Under Patricia M. Skudera, Deceased, Defendant(s), whose last known

address is 1518 West Gordon Street, Allentown, PA 18102Your house (real estate) at: 1518

West Gordon Street, Allentown, PA 18102, 549750651143-1, is sched-uled to be sold at Sheriff ’s Sale on March 24, 2017, at 10:00 A.M., at Lehigh County Courthouse, 455 W. Hamilton St., Allentown, PA 18105-1548, to enforce the court judgment of $66,375.26, obtained by JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC successor by merger to Chase Manhattan Mortgage Corpora-tion (the mortgagee) against you.

NOTICE OF OWNER’S RIGHTS—YOU MAY BE ABLE TO PREVENT

THIS SHERIFF ’S SALE

To prevent this Sheriff ’s Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association successor by merger to Chase Home Finance LLC successor by merger to Chase Manhattan Mort-gage Corporation the amount of the judgment plus costs or the back pay-ments, late charges, costs, and rea-sonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.)

YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS

EVEN IF THE SHERIFF ’S SALE DOES TAKE PLACE

5. If the Sheriff ’s Sale is not stopped, your property will be sold to

29

LEHIGH LAW JOURNALthe highest bidder. You may find out the price bid by calling (610) 278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your prop-erty. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (610) 782-3175. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never hap-pened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accor-dance with this schedule unless ex-ceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

Lehigh County LawyerReferral ServiceLeigh County Bar Assn.P.O. Box 1324Allentown, PA 18105-1324(610) 433-7094PURSUANT TO THE FAIR DEBT

COLLECTION PRACTICES ACT YOU

ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLEC-TOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OB-TAINED WILL BE USED FOR THAT PURPOSE.CHRISTOPHER A. DeNARDO, ESQ.KRISTEN D. LITTLE, ESQ.KEVIN S. FRANKEL, ESQ.REGINA HOLLOWAY, ESQ.DANIEL T. LUTZ, ESQ.LESLIE J. RASE, ESQ.ALISON H. TULIO, ESQ.KATHERINE M. WOLF, ESQ.SHAPIRO & DeNARDO, LLCAttys. for Plaintiff3600 Horizon Dr.Ste. 150King of Prussia, PA 19406(610) 278-6800

D-23

NOTICE

In the Court of Common Pleas of Lehigh County, Pennsylvania

Criminal Division

Docket No. CP-39-MD-0003855-2016

In Application of Joseph LoBianco

License Holder for U.S. Security Associates, Inc. Private Detective License

————TO: ALL INTERESTED PARTIES

Take Notice that a petition has been presented December 6, 2016 to the Court of Common Pleas of Lehigh County, Criminal Division, in the above captioned matter.

D-16, 23

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LEHIGH LAW JOURNAL

Skeptics say she will never start her own company.

A lawyer says she will.

She is denied her loan.

A lawyer helps her get one.

She can’t get a lease for office space.

A lawyer sees to it that she does.

She needs a business plan.

A lawyer helps her draft one.

Skeptics said she would never start her own company.

A lawyer helped her prove them wrong.

You have rights. Lawyers protect them.Pennsylvania Bar Association

Bar Association of Lehigh County

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LEHIGH LAW JOURNAL

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Tuesday, December 27, 2016

Vol. LVII Allentown, PA Friday, December 23, 2016 No....

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