Established 1872 (Cite Vol. 109 Luz. Reg. Reports ... · Representation, consultation and expert testimony in disciplinary ... Friday, January 17, 2020 Friday, February 21, 2020 Friday,

(USPS 322-840)PUBLISHED WEEKLY BY

The Wilkes-Barre Law and Library Association

POSTMASTER: Send address changes to THE LUZERNE LEGAL REGISTER, 200 N. River Street, Room 23, Wilkes-Barre, PA 18711-1001

Periodical postage paid at Wilkes-Barre, PA and additional office.

Price $100. Per Year Single Copies $2.00Advertising Must Be Received By 12 O’Clock Noon, Tuesday In The Week of Publication

(USPS 322-840)PUBLISHED WEEKLY BY

The Wilkes-Barre Law and Library Association

Established 1872 (Cite Vol. 102 Luz. Reg. Reports)

VOL. 102 Wilkes-Barre, PA, Friday, February 17, 2012 NO. 7

COMMONWEALTH v. GUZMAN .................................................. 1POSTMASTER: Send address changes to THE LUZERNE LEGAL REGISTER,

Room 23, Court House, Wilkes-Barre, PA 18711-1001 Periodical postage paid at Wilkes-Barre, PA and additional office.

Price $40. Per Year Single Copies $1.00Advertising Must Be Received By 12 O’Clock Noon, Tuesday In The Week of Publication

Established 1872 (Cite Vol. 109 Luz. Reg. Reports)

VOL. 109 Wilkes-Barre, PA, Friday, August 16, 2019 NO. 33

COMMONWEALTH v. L.A.K. ......................................................37

2

Joseph P. J. Burke III, EsquireEditor-in-Chief

andReporter of Decisions of the

Court of Common Pleas of Luzerne County

Kristin R. BreazealeBusiness Editor -

Commercial Advertisingand Legal Notices

Gail KopiakBar News Editor

Tel. 570-822-6712 Fax 570-822-8210WEBSITE ADDRESS:

www.LuzerneLegalRegister.com andwww.luzernecountybar.com

All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser.

Neither The Luzerne Legal Register nor the printer (Clare Printing) will assume any responsibility to edit,

make spelling corrections, eliminate errors in grammar, or make changes to content.

Legal Ads published in this issue may be electronically searched online at

www.palegalads.org.

3

44

SAVE THE DATE—

MAY 7, 2020to celebrate that

David E. Schwager, Esq. of our W-BLLA Bar Association

will become President of the Pennsylvania

Bar Association.

54

David will be elected PBA President at the PBA’s Annual Meeting to be held in Philadelphia at

Philadelphia 201 Hotel (formerly the Sheraton Philadelphia

Downtown Hotel)201 North 17th St., Philadelphia, PA 19103.

66

For all W-BLLA Members who wish to attend, the Association will be chartering Martz Buses that will be free for members who may not wish to drive to Philly.

If you would be interested in not driving, but going by charter bus, please contact Gail at the Law Library

by e-mail at [email protected] or by calling her at (570) 822-6712.

The Association needs to see how much interest there might be in us getting the charter buses.

So, please do let us know, if this is something that you would be interested in doing.

Thank you.

June 21—Dec. 27

7

2020 LAWYERS’ DIRECTORY

The W-BLLA would like to include attorney e-mails instead of fax numbers in the 2020 Lawyers’ Directory, as faxes have become an antiquated means of communication.

To have your e-mail address included in the 2020 Law-yers’ Directory, please contact Gail at the Law Library by e-mail at [email protected].

June 21—Dec. 27

8

ATTORNEY DISCIPLINARY / ETHICS MATTERS

1460 Wyoming Avenue, Forty Fort, PA 18704(570) 343-1827

Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the

Rules of Professional Conduct

James C. Schwartzman, Esq.Judge, Court of Judicial Discipline • Former 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 • Selected by his peers as one of the top 100 Super Lawyers in PA • Named by his peers as Best

Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and

Defendants Legal Malpractice Law

OMBUDSMAN SERVICESOpening for employee to provide Ombudsman services

in Carbon Co. An Ombudsman advocates for individuals who live in residential care settings. Part-time position. Prorated benefits. Work site is Hazleton office of North Penn. Frequent travel to facilities. See job details at www.northpennlegal.org/about/careers.

Aug. 16, 23

9

Mortgage Foreclosure Diversionary Program

The Luzerne County Mortgage Foreclosure Diversionary Program mediations will be held on the Third Floor of the Luzerne County Courthouse, 200 N. River Street, Wilkes-

Barre, Pennsylvania.

The 2020 schedule is as follows:

Friday, January 17, 2020Friday, February 21, 2020

Friday, March 20, 2020Friday, April 17, 2020Friday, May 15, 2020Friday, June 19, 2020Friday, July 17, 2020

Friday, August 21, 2020Friday, September 18, 2020

Friday, October 16, 2020Friday, November 20, 2020Friday, December 18, 2020

Aug. 9, 16, 23

10

ANNOUNCEMENTElliott Greenleaf, P.C. is pleased to announce that

Kristyn R. Giarratano has joined the firm. Ms. Giarratano is a 2019 graduate of the Duquesne University School of Law and completed her undergraduate work at Temple University. The firm maintains offices in Blue Bell, Har-risburg, Scranton, Wilkes-Barre and Wilmington, Dela-ware. Ms. Giarratano will be based in Wilkes-Barre and can be reached at (570) 371-5290.

Elliott Greenleaf, P.C.15 Public SquareSuite 310Wilkes-Barre, PA 18701(570) 371-5290Telecopy (570) 371-5550Our new attorney can also be reached by e-mail:[email protected].

Aug. 9, 16

11

Consumer Debt Conciliation Program

The Luzerne County Consumer Debt Conciliation Program will be held at 1:00 p.m. on the Third Floor of the Luzerne County Courthouse, 200 N. River Street, Wilkes-

Barre, Pennsylvania.

The 2020 schedule is as follows:

Friday, January 17, 2020Friday, February 21, 2020

Friday, March 20, 2020Friday, April 17, 2020Friday, May 15, 2020Friday, June 19, 2020Friday, July 17, 2020

Friday, August 21, 2020Friday, September 18, 2020

Friday, October 16, 2020Friday, November 20, 2020Friday, December 18, 2020

Aug. 9, 16, 23

12

2019 Committee Chairs

STANDING COMMITTEES (Created by the By-Laws)

COMMITTEE NAME: CHAIR/CO-CHAIRS: UNAUTHORIZED PRACTICE COMMITTEE — James V. Senape, Jr. , Esq. LEGAL AID-PRO BONO COMMITTEE— Mathew L. Clemente, Esq. LIBRARY COMMITTEE — Joseph D. Burke, Esq. PUBLIC RELATIONS COMMITTEE/ COMMUNITY RELATIONS COMMITTEE — Robert J. Gillespie Jr., Esq. & Murray Ufberg, Esq. (Merged together in 1999) CLE COMMITTEE — Larry S. Keiser, Esq. COURT RULES COMMITTEE — J. Scott Brady, Esq. INVESTMENTS COMMITTEE — Lewis A. Sebia , Esq.

SPECIAL COMMITTEES (Created by the President)

COMMITTEE NAME: CHAIR/CO-CHAIRS: ANNUAL LAW DAY DINNER DANCE COMMITTEE — Melissa A. Scartelli, Esq. ARBITRATION COMMITTEE — Caelie Sweigart , Esq. BENCH BAR COMMITTEE — Jamie Anzalone, Esq. BUDGET COMMITTEE — Girard Mecadon, Esq. BY-LAWS COMMITTEE — Joseph E. Kluger, Esq. CRIMINAL DEFENSE COMMITTEE — Shelley L. Centini, Esq. CRIMINAL LAW COMMITTEE — Frank W. Nocito, Esq. MAGISTERIAL DISTRICT JUDGES— BAR COMMITTEE — Hon. Joseph J. Carmody ELDER LAW COMMITTEE — Brenda D. Colbert, Esq. & Bernard D. Walter, Esq. ENVIRONMENTAL LAW COMMITTEE — Vacant FAMILY LAW COMMITTEE — Arthur F. Silverblatt, Esq. FEDERAL PRACTICE COMMITTEE — James C. Oshal, Esq. FEE DISPUTE COMMITTEE — John H. Doran, Esq. INTERFAITH SERVICE COMMITTEE — Kelly Bray Snyder, Esq. & Johanna L. Gelb, Esq. LAWYER-REALTOR COMMITTEE — Angelo C. Terrana, Jr., Esq. LAWYER REFERRAL COMMITTEE — Gary S. Taroli, Esq. LEGISLATION COMMITTEE — Hon. Tarah C. Toohil MEDICAL-LEGAL COMMITTEE — Jacqueline A. Zabresky, Esq. MILITARY AFFAIRS COMMITTEE — Richard M. Goldberg, Esq. ORPHANS’ COURT PRACTICE COMMITTEE — Jerry B. Chariton, Esq. SOCIAL (SUMMER OUTING PLANNING) COMMITTEE — Sandor Yelen, Esq. & Melissa A. Scartelli, Esq. SUMMER OUTING GOLF COMMITTEE — Eric W. Wassel, Esq. & John H. Kennedy TRAVEL CLE COMMITTEE — Elaine Cook, Esq. & Lee Ann Palubinsky, Esq.





















July 26; Aug. 2, 9, 16

13

Wilkes-Barre Law and Library Association (#53) and Wilkes University

will conduct a Continuing Legal Education Program.The Wilkes-Barre Law and Library Association is anAccredited Continuing Legal Education Provider.

Thursday, August 22, 20194 Hours Substantive CLE Credits

at the Woodlands Inn & Resort, Wilkes-Barre, PA.

“Choice of Business Entity 2019”presented by

Lee S. Piatt, Esquire,Rosenn, Jenkins & Greenwald, LLP

andAnthony Buczek, CPA,

Dieter Brothers

AGENDA

12:45 p.m.—1:00 p.m. Registration.1:00 p.m.—5:00 p.m. Program.

14

Program DescriptionThe Wilkes-Barre Law and Library Association is partner-

ing with Wilkes University to provide this CLE program to be held at the Woodlands Inn & Resort. It features At-torney Lee S. Piatt of the firm of Rosenn, Jenkins & Green-wald, LLP and Anthony Buczek, CPA of Dieter Brothers.

For lawyers staying for the full four hours of the presenta-tion, four (4) hours of substantive Continuing Legal Education credits will be awarded for this program.

Location: Woodlands Inn & Resort, 1073 Highway 315, Wilkes-Barre, PA.

Program Outline1. Examining the business, legal and tax characteristics of the

principal entity choices:a. Sole Proprietorshipb. Partnershipc. Corporationd. Limited Liability Company (LLC)e. Non-Profit Corporationsf. “Joint Ventures” not a distinct business type in PA2. How do the forms differ?a. Formationb. Liability of ownersc. Managementd. Taxatione. Converting from one to anotherf. Dissolution

3. Tips:a. Capital Stock Tax disappearing, but Real Property Transfer Tax still keyb. Team including lawyer and tax advisorc. Planning up front and the need for written agreementsd. Business divorce considerations in entity formation

4. Comparing the tax attributes of the various business entities5. The Tax Cuts and Job Act of 2017—Key Provisions

15

a. Individual taxation changesb. New flat 21% tax rate for C-Corporationsc. QBI deduction for proprietorships and pass-through entities

6. The Tax Cuts and Job Act of 2017—Case Studiesa. Limited Partnerships and LLCsb. C-Corporation to S-Corporationc. S-Corporation to C-Corporation

7. Issues related to business succession planninga. Succession planningb. Retirement planningc. Estate planning

8. The need for collaborative & integrated planning

Registration InformationDate: Thursday, August 22, 2019Location: Woodlands Inn & Resort Wilkes-Barre, PA 18701Registration Fee: $50.00 per person (includes CLE registration reporting)

How to Register: Visit www.wilkes.edu/continuedlearning or

call Wilkes University at (570) 408-5615 or fax (570) 408-7912. Also call Wilkes if you have any questions or need further information.

RegistrationDeadline: Monday, August 19, 2019

Space Is Limited. Registration Is First Registered/ First Paid Basis.

16

REGISTRATION FORM

CHOICE OF BUSINESS ENTITY 2019August 22, 2019

4 Substantive CLE Credit Hours Woodlands Inn & Resort—Wilkes-Barre, PA

Name: __________________________________________

Attorney I.D. #: _____________Telephone #: ___________

E-mail Address: __________________________________

Registration fee is payable to: Wilkes University.Visit www.wilkes.edu/continuedlearning or

Call Wilkes University at (570) 408-5615. To fax Wilkes: (570) 408-7912 or to mail them:

Wilkes UniversityAttn.: Continued Learning

84 West South StreetWilkes-Barre, PA 18766

DEADLINE: August 19, 2019.

July 26; Aug. 2, 9, 16

17

Event Dates

Please Mark These Dates on your Calendar!

Wednesday September 18, 2019 Medical/Legal Committee CLE: “Immunizations/Vaccinations CLE/MCE/PLE Program.” Monday October 7, 2019 Red Mass Thursday October 24, 2019 Quarterly Meeting Tuesday October 29, 2019 Interfaith Services Committee CLE: “Jewish Justices of the United States Supreme Court.” Thursday November 7, 2019 Bench Bar Conference Thursday November 7, 2019 Following the Bench Bar Conference: “A PBA Zone 5/Third Circuit—Middle District—Northern Tier Retirement Reception for the Honorable Thomas I. Vanaskie from the United States Court of Appeals for the Third Circuit.” Thursday December 5, 2019 Atty. Admissions Thursday January 23, 2020 Annual Meeting

MORE INFORMATION WILL BE PUBLSIHED ON EACH OF THESE EVENTS SHORTLY!

Aug. 2, 9, 16

18

To: W-BLLA Members

The Foundation Board will be meeting on Friday, August 9th to vote on this year’s Charity Awards. A list of the Char-ities receiving donations will be published in the last week of August.

At this time, the Foundation is accepting submissions from Luzerne County charities for the 2020 year. The cutoff date for next year’s Charity Awards is March 15, 2020.

To obtain a copy of the Grant Application for charities to apply for 2020, go to LuzerneCountyBar.com—the As-sociation’s website.

At the top of the Home Page, click on “Foundation.” This will take you to the Foundation Page section of the website.

Scroll down the Foundation Page. Near the bottom of the page in light blue are the words, “Grant Application Form here>>”—click on these words, and it will take you to the form.

The form must be received at the Law Library for the Foundation by March 15, 2020 to be on next year’s list for the Board to review.

Aug. 2—Sept. 27

19

SAVE THE DATE

Tuesday—OCTOBER 29, 2019Tentatively: 7:00 P.M.—8:00 P.M.

One-Hour Substantive CLE Program at the Jewish Community Center.

“JEWISH JUSTICES OF THE SUPREME COURT”

Presented byHistorian & Author, David G. Dalin.

This Program is being sponsored by Temple Israel & the JCC.

The W-BLLA is providing the CLE credit with involvement from the

W-BLLA Interfaith Services Committee.

The W-BLLA is an Accredited Provider of CLE Programs.

More details will be published as we get closer to this event.

For NOW REMEMBER to

SAVE THE DATE:

OCTOBER 29, 2019.

Aug. 9, 16, 23

David G. Dalin

20

W-BLLA MEMBERS:

Please remember, if you would like to make a donation to the Luzerne County Charitable Foundation, Inc., you can do so at any time throughout the year. It can be a donation to honor someone’s passing or a donation to celebrate a joyous event in your life, a family member’s, friend’s, or colleague’s. See the insert FORM.

This Donation Form may also be downloaded from LuzerneCountyBar.com—the Association’s website.

On the Home Page, at the top click on the word, “Founda-tion.” On the Foundation Page, scroll down to the bottom of the page. In light blue, you will see “download the donation form.” Click on those words and it will take you to the Dona-tion Form that you may print or download.

Aug. 2—Oct. 11

21

JOB TITLE: Litigation Counsel (Job ID #60203)LOCATION: Mill Street Office Building, Danville or 660 Baltimore Drive, Wilkes-Barre, PA DEPARTMENT: Legal Services WORK SCHEDULE: Days WORK TYPE: Full-Time (1.0 FTE)

JOB SUMMARY: Litigation Counsel serves as a system wide expert of best

practices in healthcare and claims management. Litigation counsel is accountable for providing legal services as both counsel of record and monitoring counsel. Litigation counsel provides legal advice and guidance in specialized areas of healthcare litigation as well as guidance and advice on gen-eral healthcare matters as needed.

COMPETENCIES AND SKILLS: Knowledge of substantive and procedural law and ability

to apply that knowledge to legal negotiation and formal litiga-tion.

Knowledge of domestic and international laws, regulations and court rules governing the process and procedure of an action involving the Court and the ability to take action on the aspects of litigation that impact the business.

Demonstrates ability to interact professionally on all levels within and outside the organization.

EDUCATION AND/OR EXPERIENCE: Bachelor’s degree or Master’s degree required; and Juris

Doctorate (J.D.) degree or L.L.B. (law) degree required. Must be licensed to practice law in Pennsylvania.

Minimum seven years of experience required actively working in the area of litigation, with emphasis on medical malpractice defense required.

22

Healthcare litigation experience required (e.g. profes-sional liability, employment, premises liability, government investigations, payor appeals and/or collection litigation, specifically in a healthcare setting).

In-house experience managing outside counsel preferred. Experience with healthcare operations and claims pre-

ferred. Experience presenting to clinical or operational depart-

ments on litigation and risk management preferred. Experience with self-insurance program preferred. Experience with licensing, risk management, healthcare

fraud and abuse, antitrust and government regulations pre-ferred.

WORKING CONDITIONS/PHYSCIAL DEMANDS: Work is typically performed in an office environment.

Travel may be required. Accountable for satisfying all job-specific obligations and complying with all organization policies and procedures.

The specific statements in this profile are not intended to be all inclusive. They represent typical elements con-sidered necessary to successfully perform the job.

OUR PURPOSE & VALUES: Everything we do is about caring for our patients, our members, our students, our Geis-inger family and our communities. KINDNESS: We strive to treat everyone as we would hope to be treated ourselves. EXCELLENCE: We treasure colleagues who humbly strive for excellence. LEARNING: We share our knowledge with the best and brightest to better prepare the caregivers for tomorrow. INNOVATION: We constantly seek new and better ways to care for our patients, our members, our com-munity and the nation.

ABOUT GEISINGER: Geisinger is a physician-led health system comprised of approximately 30,000 employees, includ-ing nearly 1,600 employed physicians, 13 hospital campuses, two research centers, and a 583,000-member health plan. Geisinger is nationally recognized for innovative practices

23

and quality care. Geisinger serves more than 3 million people in central, south central and northeast Pennsylvania and also in southern New Jersey with the addition of National Malcolm Baldridge Award recipient AtlantiCare, a member of Geis-inger. In 2017, the Geisinger Commonwealth School of Medicine became the newest member of the Geisinger Fam-ily.

We offer healthcare benefits for full-time and part-time positions from day one, including vision, dental and domestic partners.* Perhaps just as important, from senior manage-ment on down, we encourage an atmosphere of collaboration, cooperation and collegiality. For more information, visit www.geisinger.org, or connect with us on Facebook, Instagram, LinkedIn and Twitter.

*Does not qualify for J-1 waiver. We are an Affirmative Action, Equal Opportunity Employer. Women and Minorities Are Encouraged to Apply. All qualified applicants will receive consideration for employment and will not be discriminated against on the basis of disability or their protected veteran status.

*Domestic partner benefits not applicable at Geisinger Holy Spirit.

Aug. 2, 9, 16, 23

24

Benco Dental, the nation’s largest privately-owned dental distributor, is seeking a General Counsel to oversee the legal and regulatory affairs of the company. The successful candi-date will be leading a team of legal and compliance profes-sionals. Come join the company that has been driving den-tistry forward through innovative solutions and our caring family culture for the past 80+ years.

This position offers a competitive compensation and total rewards package including annual profit sharing, a 401k match, and many more benefits that have helped to name Benco within Fortune’s 30 Great Places to Work in Health Care and Biopharma for the 3rd year in a row!

If you enjoy working for a progressive company that is growth-minded and values customers and associates, we encourage you to learn more about our Benco family. We are looking for driven professionals who want to play a key role in our future success. If this sounds like you or someone you know, please apply online at benco.com/careers.

Sarah Lucas I Culture & People, Senior Talent Specialist Benco Dental I We deliver success smile after smile.® e: [email protected] o: (570) 602-6967f: (570) 602-4910a: 295 CenterPoint Blvd. I, Pittston, PA 18640

Aug. 2, 9, 16, 23

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___ None.

___ In Mem

ory of a Deceased L

awyer, Judge, or

Layperson.

___ Receiving an A

ward, H

onor, Promotion, or

Appointm

ent. Please Specify: __________________ _____________________________________________. ___ Passing the B

ar. ___ B

eing Adm

itted to the Association as a N

ew L

awyer.

___ Being H

ired as an Associate.

___ Being N

amed a Partner.

___ Establishing a N

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___ Having a B

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awyer, Judge, or L

ayperson Who is Ill.

___ Other Special O

ccasion: ________________________________ _____________________________________________________ _____________________________________________________.

Aug. 2—

Oct. 11

4

25

OFFICE OF PUBLIC DEFENDERJob Description: Assistant Public Defender.Employment Status: Teamsters, Full-Time.Reports to: Chief Public Defender, First Asst. Public

Defender.Summary: An Assistant Public Defender (APD) provides

every aspect of legal representation to persons charged with a state crime or delinquent act and who, because of indigence, cannot obtain counsel to represent them.

Duties of APD include trials and court hearings, appeals in state court and Federal/State Habeas proceedings, post-conviction, witness representation and representation in other matters where representation is constitutionally re-quired.

Minimum Qualifications: A member of the Bar, in good standing, of the Commonwealth of Pennsylvania. Persons sitting for the July 2019 bar exam may also apply. (Failure to pass that bar exam will be ground for termination.) In addi-tion, a minimum of two years’ experience in criminal defense work is preferred but its absence is not disqualifying. Appli-cants must also submit a detailed resume, writing sample, list of three professional references and certificate of good stand-ing. A more detailed job description and an application packet is available on the Luzerne County website.

Annual Salary: $43,000 with benefits.

Send application, resume and references to:All applications must be submitted online to the county

website (www.luzernecounty.org) under Career Opportunity.

The County of Luzerne is an EEO/ADA employer.

Aug. 16, 23

26

TO W-BLLA MEMBERS:

The Luzerne County Bar Association Charitable Founda-tion, Inc. is accepting Memorial Donations in honor of the memory of W-BLLA Past President Arthur L. Piccone.

If you would like to make a Memorial Donation please complete the Foundation Donation insert card that is in this issue of The Luzerne Legal Register, and mail it with your check, payable to the “Luzerne County Bar Association Charitable Foundation, Inc.”

A lovely card, acknowledging your gift, will be sent to the Piccone family. Also, the Foundation is a registered charity with the IRS, so your donation is tax deductible.

Aug. 16, 23, 30

27

Trivia Night at SBCThe YLD will be hosting a Trivia Night at SBC on August

22, 2019 from 6-9 p.m. Registration fee is $10 per team. The proceeds will be donated to Dress for Success! If you do not have a team, but would like to participate, just let us know and we will put teams together. Prizes will be awarded. Food truck, wine and beer will be available. This event is open to the entire W-BLLA. If you have any questions or to RSVP contact Mary at [email protected].

Aug. 16——————

Habitat for Humanity Build DayThe YLD will be volunteering with Habitat for Humanity

on September 7, 2019. We will be doing a home build at 15 Diebel Street in Wilkes-Barre. The workday is from 9:00 a.m.-3:00 p.m. and lunch will be provided. If you would like to attend this great volunteer event please RSVP to Brittany by September 1, 2019 at: [email protected].

Aug. 16——————Oktoberfest

The YLD and PBA invite you to Oktoberfest 2019! This event will take place on October 3, 2019 from 6-9 p.m. at Arena Bar and Grille. Tickets in advance are $10 or $15 at the door. Please RSVP to Mary Deady by September 26, 2019 to [email protected].

Aug. 16——————

Wine Tasting TripSave the date! November 16, 2019—details to follow!

Aug. 16

28

LAW OFFICE MOVINGOgurkis Law is moving to 21 North Locust Street, Hazle-

ton, PA 18201 effective August 9, 2019.New phone number is (570) 501-0970.

Aug. 16——————

HELP WANTEDImmediate Secretary/Paralegal position opening for

Sciandra Law Office, P.C. Interested individuals may send resume in confidence to 159 South Main Street, Pittston, PA 18640 and/or via e-mail to: [email protected].

Aug. 16, 23——————

ASSOCIATE ATTORNEY WANTEDLAMPMAN LAW is seeking an associate attorney. Ap-

plicant must be willing to practice throughout Pennsylvania. Please e-mail resume, writing samples, references, salary requirements and transcripts (if practicing less than 5 years) to [email protected] in a single PDF document. All submissions and inquiries will be kept confidential.

David V. Lampman, IILAMPMAN LAW

2 Public SquareWilkes-Barre, PA 18701LAMPMANLAW.COM

Aug. 16, 23

37ANTHONY ET UX. v. RIZZO ET UX.

Luzerne op 7-1

was nothing more than a transient rub of life for which compensation was not warranted.

ORDER

The Clerk of Judicial Records/Prothonotary is hereby directed to serve notice of the attached Opinion pursuant to Pa. R.C.P. No. 236 to all counsel as well as furnish a copy to the Superior Court of Pennsylvania.

[EDITOR’S NOTE: AFFIRMED on Appeal by the Superior Court of Pennsylva-nia, April 3, 2018 in a NON-PRECEDENTIAL DECISION—No. 1667 MDA 2017.]

29

——————

COMMONWEALTH v. L.A.K.Criminal Law and Procedure—Motion to Suppress—Warrantless Search or Seizure—Pre-

sumptively Unreasonable—United States Constitution—Fourth Amendment—Pennsyl-vania Constitution—Article I, Section 8—Plain View Doctrine—Four Requirements—Third-Party Consent to Search—Validity—Scope of Permitted Search Is Defined by Its Expressed Object—Welfare Check—Probable Cause—Illegal Search—Exclusionary Rule—Admissibility—Bar—Inevitable Discovery Exception—United States Supreme Court—Nix v. Williams, 467 U.S. 431 (1984)—Exclusionary Rule in Pennsylvania—Dif-ference to the Federal Exception—Privacy Considerations—Commonwealth v. Mason, 535 Pa. 560, 637 A.2d 251 (1993)—Commonwealth v. Perel, 107 A.3d 185 (Pa. Super. 2014)—Lack of Exigent Circumstances—Evidence—Burden of Proof—Hypothetical, Alternative Reality—Motion to Suppress the Evidence Discovered After the Minor Was Located for His Welfare Check—GRANTED—On Appeal—Superior Court of Pennsylvania—Order AFFIRMED.1. Generally, a search warrant is required before police may conduct any search. Absent

the application of one of a few clearly delineated exceptions, a warrantless search or seizure is presumptively unreasonable. This is the law under the both the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.

2. The plain view doctrine is an exception to the warrant requirement, and provides that evidence in plain view of the police can be seized without a warrant.

3. The plain view doctrine permits the warrantless seizure of an object if: (1) the police did not violate the Fourth Amendment when they arrived at the vantage point from which they could view the items in question; (2) the items were not obscured and could be seen from the investigator’s location; (3) the incriminating nature of the items was readily ap-parent, and (4) police had a lawful right to access the items.

4. Third-party consent is valid when police reasonably believe a third party has author-ity to consent.

5. When a third party who has the authority to consent does so, police are not required to obtain a search warrant based upon probable cause.

38 COMMONWEALTH v. L.A.K.

Luzerne op 7-1

6. The scope of a search is generally defined by its expressed object.

7. In the matter sub judice, before the police officer located the minor for his welfare check, all four requirements were satisfied and anything in plain view of the officers up until the point that the minor is located is admissible under the plain view exception.

8. Having probable cause to obtain a search warrant does not negate an otherwise illegal search.

9. The exclusionary rule has traditionally barred from trial physical, tangible materials obtained during—or as a direct result of—an unlawful invasion.

10. The inevitable discovery exception to the exclusionary rule provides that: Evidence which would have been discovered was sufficiently purged of the original illegality to allow admission of the evidence. Implicit in this doctrine is the fact that the evidence would have been discovered despite the initial illegality. If the prosecution can establish a preponderance of the evidence that the illegally obtained evidence inevitably would have been discovered by lawful means, the evidence is admissible. The purpose of the inevitable discovery rule is to block setting aside convictions that would have been obtained without police conduct.

11. The United States Supreme Court announced the inevitable discovery exception to the exclusionary rule in Nix v. Williams, 467 U.S. 431 (1984), holding that evidence discovered after a defendant was questioned in violation of his Sixth Amendment rights is admissible where the prosecution can establish by a preponderance of the evidence that the information inevitably would have been discovered by lawful means.

12. According to the United States Supreme Court, the sole purpose for the exclusion-ary rule under the Fourth Amendment was to deter police misconduct. However, due to the protection in Article I, Section 8 of the Pennsylvania Constitution, the purpose of the exclusionary rule in Pennsylvania is quite different from the federal exception.

13. In Commonwealth v. Mason, 535 Pa. 560, 637 A.2d 251 (1993), the Pennsylvania Supreme Court introduced privacy considerations stemming from Pennsylvania’s Constitu-tion as an element of inevitable discovery. See id. at 569-70, 637 A.2d at 256.

14. In the matter sub judice, even if the police did have probable cause to obtain a warrant, the Pennsylvania Superior Court in Commonwealth v. Perel, 107 A.3d 185 (Pa. Super. 2014) rejected that argument, making it clear that the inevitable discovery doctrine is not a substitute for the warrant requirement.

15. In the matter sub judice, even if the police had developed probable cause while performing the minor’s welfare check, that does not excuse them from getting a warrant to conduct a more exhaustive, wholesale search.

16. In this case, exigent circumstances did not here exist and, moreover, the Com-monwealth did not argue that they did.

17. The doctrine of inevitable discovery should not be viewed as an invitation to overlook unconditional searches whenever the police could have complied with the Constitution’s warrant requirement, but instead consciously disregarded it.

18. Police must demonstrate that the evidence would have been discovered absent the police misconduct, not simply that they could have lawfully discovered it.

19. The burden of proving that evidence would have been inevitably discovered rests with the Commonwealth.

20. A hypothetical, alternative reality presented in the present case does not present evidence that the inevitable discovery doctrine applies.

30

COMMONWEALTH v. L.A.K.

39COMMONWEALTH v. L.A.K.

Luzerne op 7-1

21. Accordingly, the warrantless search of Defendant’s bathrooms, third-floor bedroom, basement, and other locations in the residence that were searched after the minor was located was improper, despite the Commonwealth’s argument that the police had prob-able cause.

22. In the matter sub judice, after the minor was located, police no longer had consent to be on the premises. The fact that police may have developed probable cause during the period of time they were looking for the minor does not excuse the requirement that they get a warrant to conduct a more thorough search.

23. Commonwealth v. Perel makes it clear that the Commonwealth cannot invoke the inevitable discovery doctrine by merely asserting that the police could have obtained a warrant.

24. Accordingly, the Trial Court approved Defendant’s motion to suppress the evidence discovered after the minor was located for his welfare check.

25. On appeal, the Superior Court of Pennsylvania AFFIRMED the Trial Court’s Or-der. Superior Court Non-Precedential Memorandum Nos. 193, 474 MDA 2018—Order Granting Suppression of Evidence—AFFIRMED 1/3/19.

In the Court of Common Pleas of Luzerne County—Criminal Division—No. 808 of 2017: On Appeal to Superior Court of Pennsylvania—Non-Precedential Memorandum Nos. 193, 474 MDA 2018. Order Granting Suppression of Evidence AFFIRMED.

Brittany Quinn, Esquire, Luzerne County Assistant District Attorney, for Commonwealth.

Maura A. Armezzani, Esquire, Luzerne County As-sistant Public Defender, for Defendant.

Before: Sklarosky, Jr., J.

SKLAROSKY, JR., J., April 26, 2018:

Pa. R.A.P. 1925(a) Opinion

I. Factual and Procedural History

The Commonwealth appeals from the December 28, 2017 Order of this court, which granted in part the Defendant’s Motion to Suppress the Search of the Residence and Evidence Secured Therefrom. Defen-dant L.K. (Defendant) was charged with two counts of endangering the welfare of her own children due to

31


Luzerne op 7-1

the condition of her home.1 The Commonwealth filed its Notice of Appeal on January 26, 2018, and a State-ment of Errors Complained of on Appeal (Statement) on February 12, 2018. Defendant filed her Response (Response) on February 26, 2018.

On Friday, January 20, 2017, Officer Evans of the L. Police Department received a call to assist Luzerne County Children and Youth to check on the welfare of Defendant’s seven-year-old son, C.K., at Defendant’s home in L. Borough. N.T. 2, 5. Residing in the home with Defendant and C.K. was R.K. (C.K.’s father), and Defendant’s other two sons, fifteen-year-old L.S., and nineteen-year-old A.F.(F.). Officer Evans and two other police officers arrived and met “Jessica,” a Children and Youth employee, at the residence. Id. at 3-4. On Monday of the same week, there had been a report of child abuse stemming from a fight between L.S. and his stepfather, R.K., at the same residence. Id. at 4. Jessica’s knock on the door was answered by Defendant’s nineteen-year-old son (F.) who lives in the home. Id. at 4-5. F. said that C.K. was inside the home, but that his parents, De-fendant and R.K. (in fact not F.’s natural father), were not at home. Id. at 5. The officers called Defendant, who said she was shopping and doing errands and that she would be on her way home. Id. at 6. C.K.’s father, R.K. was contacted but was at work. Id. After waiting for over an hour for Defendant to return home, the of-ficers asked F. if they could check on C.K. Id. at 6, 24. Officer Evans testified that the door was halfway open and that he could smell a foul smell coming from inside

1Defendant was charged with two counts of Endangering Welfare of Children, 18 Pa. C.S.A. §4304(a)(1), a felony of the third degree, one count for each of two minor children, C.K. and L.S.

32


Luzerne op 7-1

the residence and that even before entering he could see that there were clothes thrown about and that the home was cluttered. Id. at 7. After F. gave consent to check on C.K.,2 Officer Evans, his partner Officer Stitzer, and Jessica from Children and Youth entered the “bi-level ranch” home with F. Id. Officer Evans testified that when they went up the steps, the living room, dining room, and kitchen area was all open, and that the first thing he noticed was all the stuff thrown about the house. Id. at 8. He said it was “absolutely disgusting” with stains on the carpet and an electric heater plugged into an ex-tension cord. Id. at 8. He testified that the space heater was the only source of heat throughout the house. Id. at 16. He testified that when he looked straight, he could see into the kitchen area, and that the sink was full of dishes and dirty moldy water. He saw several flies “as if they were Fruit Flies (sic) or fleas around.” Id. at 8. He further testified that before locating C.K., Austin led him down to the hallway which contained three bedrooms and a bathroom. Id. C.K. was not in his bedroom, which happened to be the first bedroom Officer Evans passed. Id. at 8-9. Officer Evans was able to see inside the first bedroom because there was no door on the hinges. Id. at 9. Inside the first bedroom, which belonged to C.K., there was a “kid’s bed” and a nightstand or dresser with burnt cigarettes and ashes right on it. Id. at 9. C.K. was located in the second bedroom lying on his side on the bed. There was a big screen TV on the bed, and there were “extension cords and stuff ” all thrown around the

2Officer Evans testified that F. gave consent for him to check on C.K., but F. testified that he told the officers he didn’t “feel comfortable” with them coming in to the home, and that instead of verbally consenting, he “just kind of stepped out of the way.” N.T. 32. We found Officer Evans’ version of events to be believable and credible as to the subject of F.’s consent to check the welfare of C.K.

33


Luzerne op 7-1

bedroom, which bedroom Officer Evans determined belonged to F. Id. at 8-9. Also on the bed was a fan and a PlayStation and games. Id. at 15. There was a second bed inside that bedroom that had “stuff and garbage” thrown on top of it. Id.

Even after locating C.K. for his welfare check, the of-ficers continued their tour of the home. Id. The door to the third bedroom, which Officer Evans testified that he believed belonged to the Defendant and her husband, R.K., was halfway open and Officer Evans noticed there was a brown carpet with mold stains all over it and “stuff all thrown all over.” Id. at 10. He then proceeded to the bathroom and turned on the faucet. Id. at 10, 14. He testified that he saw “all stains, mold inside the sink, and inside there, no running water.” Id. at 10. Further, he said that the toilet had very little water inside, and that the bathroom window was open halfway with no screen. Id. Additionally, he testified that there was no running water in the shower. Id.

Officer Evans said that they then went down the steps and into the basement of the bi-level. Id. In the basement, Officer Evans was able to see clothes thrown around and debris and garbage thrown everywhere and that it “was completely disgusting.” Id. He said that when he looked to the left, he saw a door that was closed and a laundry room door that was halfway open. Id. In the laundry room, Officer Evans saw a water heater completely covered with clothes at the base, which he testified was a fire hazard “if there’s an open flame inside there.” Id. at 10-11. Through the laundry room, Officer Evans checked another bathroom “that was disgusting too with stains and no water, as well.” Id. at 11. There was another room in the basement that he was unable to

34


Luzerne op 7-1

access although he tried. Id. He testified that although the door was open slightly, he “had to push it a little bit, and [he] couldn’t get behind it because there was so much clutter behind it.” Id.

While going through the residence, Officer Evans photographed all of the areas of the house and took ap-proximately 50 photographs. Id. at 11-12. While discuss-ing the photographs, he showed a picture of the open refrigerator in the kitchen. Id. at 15. He also showed a picture of the living room area depicting that the base-board heat had been “taken apart.” Id. at 16.

Officer Evans requested that the code enforcement officer respond due to fire hazards, no running water in the home, and no safe sleeping areas for the children. Id. at 11, 17. The home was condemned and C.K. was taken into the protective custody of Children and Youth. Id. at 17.3

Defendant was arrested and charged with the afore-mentioned offenses. Defendant filed an omnibus pre-trial motion, seeking in pertinent part the suppression of the search of the residence and evidence secured therefrom. We granted Defendant’s motion in part and directed that since Officer Evans obtained the consent of F. to enter the residence in order to do a welfare check on C.K., but did not request consent to conduct a search, anything in plain view of the officer while he was looking for C.K. was admissible without a warrant. Conversely, those items that did not fall within the plain view exception to the warrant requirement were sup-pressed. Specifically, we ordered that photographs and

3L.S., the other minor child, was staying with his natural father and was not taken into protective custody.

35


Luzerne op 7-1

testimony regarding any evidence discovered after C.K. was located for his welfare check were not admissible.

II. Law and Discussion

In its Statement, the Commonwealth alleges that this Court erred in granting the Defendant’s Motion to Sup-press because either the condition of the house (1) was in plain view or, in the alternative (2) would have been inevitably discovered since the condition of the house provided probable cause to obtain a warrant. We will address each argument in turn.

The Commonwealth first alleges that this Court erred because the condition of the house was in plain view. Generally, a search warrant is required before police may conduct any search. “Absent the application of one of a few clearly delineated exceptions, a warrantless search or seizure is presumptively unreasonable ... This is the law under both the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylva-nia Constitution.” Commonwealth v. Williams, 73 A.3d 609, 614 (Pa. Super. 2013). The plain view doctrine is an exception to the warrant requirement, and provides that evidence in plain view of the police can be seized without a warrant. Commonwealth v. Anderson, 40 A.3d 1245, 1248 (Pa. Super. 2012), quoting Coolidge v. New Hampshire, 403 U.S. 443, 465, 91 S. Ct. 2022, 29 L. Ed. 2d 564 (1971) (quotation marks omitted).

The plain view doctrine permits the warrantless sei-zure of an object if: (1) the police did not violate the Fourth Amendment when they arrived at the vantage point from which they could view the items in question; (2) the items were not obscured and could be seen from the investigator’s location; (3) the incriminating nature

36


Luzerne op 7-1

of the items was “readily apparent;’’ and (4) police had a “lawful right to access the items.” Id.

While they were attempting to locate C.K., the police did not violate the Fourth Amendment because they had F.’s consent to enter the residence. The Pennsylvania Supreme Court has held that “[t]hird party consent is valid when police reasonably believe a third party has authority to consent.” Commonwealth v. Strader, 593 Pa. 421, 427, 931 A.2d 630, 634 (2007). When a third party who has the authority to consent does so, police are not required to obtain a search warrant based upon probable cause. Commonwealth v. Hughes, 575 Pa. 447, 459, 836 A.2d 893, 900 (2003). F. was a nineteen-year-old adult residing in the home and was able to give consent for the police to enter the residence. However, the consent given by F. was limited in scope as he only consented to allow the police to check on C.K. “The scope of a search is generally defined by its expressed object.” Commonwealth v. Parker, 422 Pa. Super. 393, 401, 619 A.2d 735, 739 (1993). In Parker, the defendant gave consent for police to search his car for “drugs or other contraband” or for “drugs and other violations of law.” Id. at 397, 619 A.2d at 737. After police seized a cassette tape, the defendant was charged with violating Pennsylvania’s Wiretapping Act. In reversing the sup-pression court, the Superior Court stated that the tape was beyond the scope of the defendant’s consent. Id. at 401, 619 A.2d at 739.

In the case before us, the record reflects that Officer Evans obtained F.’s consent to enter the residence in order to do a welfare check on C.K., but did not request consent to do a search. N.T. at 6. Defense counsel ques-tioned Officer Evans regarding the scope of consent:

37

To Be Continued

38

Notice is hereby given to all persons concerned that accountants in the following es-tates have filed their accounts in the Office of the Register of Wills and Clerk of the Or-phans’ Court of Luzerne County and unless objections are filed thereto, said accounts will be audited and confirmed by the Orphans’ Court Division of the Court of Common Pleas of Luzerne County at 9:30 A.M. on September 3, 2019, in Courtroom C, Third Floor, Penn Place, 20 North Pennsylvania Avenue, Wilkes-Barre, PA.

NO. NAME OF ESTATE ACCOUNTANT FIDUCIARY CAPACITY

1. Gregory J. Randis a/k/a Edna Randis Executrix Gregory James Randis a/k/a Gregory Randis 2. Dr. Joseph A. Alexis PNC Bank, National Trustee Trust Under Will f/b/o Association Alexis Memorial Scholarship Fund

The Luzerne County Orphans’ Court, located at Penn Place, 20 North Pennsylvania Avenue, Wilkes-Barre, PA is a facility accessible to persons with disabilities. Please notify a member of the staff of the Honorable Richard M. Hughes, III, Judge at (570) 408-8190, if special accommodations are required.

NOTICE

It is strongly recommended that all attorneys having a matter on an Audit List of the Orphans’ Court be present at the call of the Audit List. Any attorney seeking to be excused from attending the call of the Audit List must contact the staff in Judge Hughes’ Chambers in advance of the call date in order to obtain permission from the Judge to be absent.

Aug. 16, 23

THE LUZERNE LEGAL REGISTER

39

DECEDENTS’ ESTATESNotice is hereby given that let-

ters testamentary or of adminis-tration have been granted in the following estates. All persons in-debted to said estates are re-quired to make payment and those having claims or demands to present the same without delay to the administrators or executors named or their attorneys

FIRST PUBLICATION

ESTATE OF F. JORGE ABRANTES a/k/a Fernando Jorge Abrantes a/k/a Jorge Abrantes, late of Dal-las Township (died July 27, 2019), Sylvia K. Abrantes and James F. Clemente, Executors; Rosenn, Jenkins & Greenwald, LLP, 15 S. Franklin St., Wilkes-Barre, PA 18711-0075

ESTATE OF MAUREEN OSICK CRACKETT, late of Laflin (died July 21, 2019), Richard Osick, Executor; James L. Bobeck, Es-quire, 117 West Main St., Plym-outh, PA 18651

ESTATE OF BETTY I. CROUSE a/k/a Betty Crouse, late of Berwick (died June 22, 2019), Christine M. MacDonald, Executrix; Kenneth E. Picardi, Esquire, Yergey.Daylor.Allebach.Scheffey.Picardi, 1129 E. High St., P.O. Box 776, Pottstown, PA 19464

ESTATE OF ROSE FORD, late of Hazleton (died May 22, 2019), Gerald Lacattiva, Executor; John P. Rodgers, Esquire, 1170 High-way 315, Suite 1, Plains, PA 18702

ESTATE OF BARBARA GIARRATA-NO, late of Harveys Lake (died July 15, 2019), Daniel Giarratano, Executor; Law Offices of Bernard Walter, 1674 Memorial Highway, Shavertown, PA 18708

ESTATE OF GEORGE J. KUBASKO, late of Wilkes-Barre (died July 25, 2019), Jodi L. Ozark and Tammy L. Urbanski, Executrices; Anthony G. Ross, Esquire, Law Offices of Tony Ross, 126 S. Main St., Pittston, PA 18640

ESTATE OF THERESA MAIRA, late of Pittston (died March 30, 2019), Richard Maira, Executor; Michelle L. Guarneri, Esquire, 49 S. Main St., Ste. 400, Pittston, PA 18640

ESTATE OF KEVIN L. McGEEHAN, late of Wilkes-Barre (died May 26, 2019), Tina M. Michaels, Admin-istratrix; Bruce J. Phillips, Es-quire, Wetzel, Phillips, Rodgers & Falcone, Fox Ridge Professional Center, 1170 Highway 315, Suite 1, Plains, PA 18702

ESTATE OF JOSEPH SAMUEL MILAZ-ZO, late of Jenkins Township (died June 30, 2019), Nadine Wesolows-ki, Executrix; Alexander B. Russin, Esquire, Fellerman & Ciarimboli, 183 Market St., King-ston, PA 18704

ESTATE OF GEORGE MICHAEL MILLER, late of Plains (died April 20, 2019), George J. Miller, Ad-ministrator; Joseph A. Dessoye, Esquire, 159 S. Main St., Pittston, PA 18640

ESTATE OF ARLINE PARSONS, late of Kingston (died September 16, 2018), Eileen Parsons, Adminis-tratrix; Jane Smedley Anzalone, Esquire, Anzalone Law Offices, LLC, 98 S. Franklin St., Wilkes-Barre, PA 18701

ESTATE OF MARY PATZUK a/k/a Mary Patsuk, late of Dupont (died July 20, 2019), Mary Ellen Pat-zuk, Executrix; Girard J. Meca-don, Esquire, 363 Laurel St., Pittston, PA 18640-1719


40

ESTATE OF DENNIS J. PERFETTO, SR. a/k/a Dennis Perfetto, Sr. a/k/a Dennis J. Perfetto a/k/a Dennis Perfetto, late of Larksville (died July 21, 2019), Dennis J. Perfetto, Jr., Executor; Bregman & Lantz, LLC, 1205 Wyoming Avenue, Forty Fort, PA 18704

ESTATE OF ROBERT QUARTERONI, late of Swoyersville (died April 15, 2019), Leanne Newton, Executrix; Janet A. Conser, Esquire, Park Office Building, 400 Third Ave., Suite 214, Kingston, PA 18704-5816

ESTATE OF KENNETH L. REICH-ARD, late of Wright Township (died February 16, 2019), Cynthia Marie Torbik, Administratrix; Robert A. Gonos, Esquire, 88 N. Franklin St., Second Floor, Wilkes-Barre, PA 18701

ESTATE OF ROBERT SLEZAK, SR., late of Pittston Twp. (died July 2, 2019), Michelle Yackobowitz, Ex-ecutrix; John J. McGovern, Jr., Esquire, 321 Spruce St., Suite 201, Scranton, PA 18503

ESTATE OF PETER PAUL SUKALOS-KI a/k/a Peter P. Sukaloski, late of Lake Twp. (died May 16, 2019), Elizabeth Roman, Administratrix; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

SECOND PUBLICATION

ESTATE OF ROBERT BOND, SR. a/k/a Robert W. Bond, late of Hanover Twp. (died July 9, 2019), Jeffrey Slabinski, Executor; Don-ald P. Roberts, Esquire, Burke Vullo Reilly Roberts, 1460 Wyo-ming Ave., Forty Fort, PA 18704

ESTATE OF JOAN BRUNO, late of Larksville (died June 24, 2019), Jodie Ann Bruno, Executrix; Mi-chael J. Bendick, Esquire, P.O. Box 1733, Shavertown, PA 18708

ESTATE OF HAROLD R. DAVIS a/k/a Harold Ronald Davis, late of Hazle Twp. (died April 30, 2019), Gloria Bernadette Gogola, Executrix; Frank J. Skokoski, Esquire, Skokoski & DeCosmo, 165 Susque-hanna Blvd., West Hazleton, PA 18202

ESTATE OF RITA GREENLY, late of Drums (died June 5, 2019), Ter-rance M. Eyerly, Executor; Casey A. Gillespie, Esquire, Gillespie, Miscavige & Ferdinand, LLC, 67 North Church St., Hazleton, PA 18201

ESTATE OF GENE F. HARTZEL, late of Hazleton (died May 19, 2019), Sally A. Shupp, Executrix; Peter J. Fagan, Esquire, P.O. Box 904, Conyngham, PA 18219

ESTATE OF IRENE G. LATSKO, late of Wilkes-Barre (died June 17, 2019), Maryann Szczecinski, Ex-ecutrix; Hiscox & Musto, 400 Third Ave., Suite 201, Kingston, PA 18704

ESTATE OF MOLLY G. MACK a/k/a Molly Mack, late of Mountain Top (died February 28, 2019), Dominic J. Mack, Sr., Administrator; Elliot B. Edley, Esquire, 37 N. River St., Wilkes-Barre, PA 18702

ESTATE OF BARBARA J. MASLO, late of Rice Twp. (died July 18, 2019), Cynthia B. Cooper, Executrix; Hiscox & Musto, 400 Third Ave., Suite 201, Kingston, PA 18704

ESTATE OF BARBARA ANN NASH, late of Plymouth (died March 4, 2019), Marie Nash, Administratrix; Hudacek & Hudacek, 43 E. Main St., Plymouth, PA 18651

ESTATE OF MARY ANN NICOLO, late of Kingston (died July 6, 2019), Gina Clemons, Executrix; Matthew P. Kelly, Esquire, 400 Third Ave., Suite 205, Kingston, PA 18704


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ESTATE OF ARLINE PARSONS, late of Kingston (died September 16, 2018), Eileen Parsons, Adminis-tratrix; Jane Smedley-Anzalone, Esquire, Anzalone Law Offices, 98 South Franklin St., Wilkes-Barre, PA 18701

ESTATE OF HELEN C. PODRAZA a/k/a Helen M. Podraza, late of Hazleton (died June 30, 2019), Deborah J. Ferdinand, Executrix; Conrad A. Falvello, Esquire, The Falvello Law Firm, P.C., 641 State Route 93, P.O. Box 324, Conyng-ham, PA 18219

ESTATE OF BARBARA L. PREAT, late of Hazleton (died July 14, 2019), Andrew T. Preat, Executor; Don-ald G. Karpowich, Esquire, 85 Drasher Rd., Drums, PA 18222

ESTATE OF TYLER ROCHELLE, late of Freeland (died May 10, 2019), James R. Avillion, Jr., Administra-tor; Donald G. Karpowich, Es-quire, 85 Drasher Rd., Drums, PA 18222

ESTATE OF PATRICIA SCHEGAN a/k/a Patricia M. Schegan, late of Butler Twp. (died May 1, 2019), Cynthia Lazo, Executrix; John Rodgers, Esquire, Wetzel, Phillips, Rodgers & Falcone, 1170 Hwy. 315, Ste. 1, Plains, PA 18702

ESTATE OF JOHN L. SEIDA, JR., late of Hanover Twp. (died July 10, 2019), Marilyn Kline, Executrix; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF MARGARET ROSE VAN BLARGAN, late of West Hazleton (died July 3, 2019), Dennis Barry Van Blargan, Administrator; Frank J. Skokoski, Esquire, Skokoski & DeCosmo, 39 North Broad St., West Hazleton, PA 18202

ESTATE OF HELEN M. VARENDA, late of West Hazleton (died June 28, 2019), Elizabeth M. Hoegg and Marguerite K. Ackerman, Execu-trices; Conrad A. Falvello, Es-quire, The Falvello Law Firm, P.C., 641 State Route 93, P.O. Box 324, Conyngham, PA 18219

ESTATE OF JULIA M. WALLACE, late of Jackson Twp. (died July 12, 2019), Bernard Wallace, Executor; Gallagher, Brennan & Gill, 220 Pierce St., Kingston, PA 18704-4641

ESTATE OF IRENE A. WITEK, late of Dallas (died July 21, 2019), Cyn-thia Daurelle, Executrix; Law Offices of Bernard Walter, 1674 Memorial Hwy., Shavertown, PA 18708

ESTATE OF AGNES J. ZAWATSKY, late of Freeland (died April 20, 2019), Alvin Balon and John Za-watsky, Executors; The Seach Law Offices, 53 West Foothills Drive, Drums, PA 18222

THIRD PUBLICATION

ESTATE OF MARIAN ALLEGRETTO a/k/a Mary Allegretto, late of Hazleton (died June 6, 2019), Daniel Allegretto, Jane Rodriguez and Lisa deQuevedo, Executors; Charles A. DeCosmo, Esquire, Skokoski & DeCosmo, 165 Sus-quehanna Blvd., West Hazleton, PA 18202

ESTATE OF WILLIAM JOHN DERVIN, SR. a/k/a William J. Dervin, late of Edwardsville (died June 21, 2019), Robert Dervin, Executor; Anthony G. Ross, Esquire, Law Offices of Tony Ross, 126 South Main St., Pittston, PA 18640

ESTATE OF FRANK E. EVERETT, late of Mountain Top (died January 6, 2019), Theresa Seniuk, Executrix; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706


42

ESTATE OF MARCIA E. FEENEY, late of Freeland (died February 26, 2019), Rebekah Gerrity, Adminis-tratrix; Joseph C. Zola, Esquire, 81 Rhedwood Ave., Sugarloaf, PA 18249

ESTATE OF RUTH FENSTEMAKER a/k/a Ruth R. Fenstemaker, late of Berwick (died June 30, 2019), JoAnn Kishbaugh, Executrix; Kreisher, Marshall & Associates, LLC, 401 S. Market St., Blooms-burg, PA 17815

ESTATE OF ANN K. GILL a/k/a Ann Gill, late of Wilkes-Barre (died October 20, 2018), Robert Gill, Executor; Charles D. McCormick, Esquire, Elliott Greenleaf & Dean, 15 Public Sq., Suite 310, Wilkes-Barre, PA 18701

ESTATE OF ANN L. HANNAGAN, late of Bear Creek Twp. (died May 16, 2019), Margaret Scott, Executrix; Samuel A. Falcone, Esquire, 1170 Hwy. 315, Suite 1, Plains, PA 18702

ESTATE OF WALTER C. HOWELL, late of Luzerne (died March 21, 2019), James Strauser, Executor; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF PHILLIP J. KACHMAR a/k/a P.J. Kachmar, late of King-ston (died June 25, 2019), Carl E. Kachmar, Administrator; Fendler & Associates, P.C., The Park Building, 400 Third Ave., Suite 309, Kingston, PA 18704

ESTATE OF JOSEPH LEON KING a/k/a Joseph Leon King, II, late of Foster Twp. (died May 30, 2019), Justin C. King and Ashley Blair Gliem, Executors; Frank J. Skokoski, Esquire, Skokoski & DeCosmo, 165 Susquehanna Blvd., West Hazleton, PA 18202

ESTATE OF HANNAH H. KLUG, late of Nanticoke (died May 30, 2019), John Christopher Klug, Executor; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF HELEN KOBUSKY, late of Edwardsville (died May 23, 2019), Nancy Zekus and Kathy Ann Marshall, Executrices; Sanguedolce Law Firm, 159 South Main St., Suite One, Pittston, PA 18640

ESTATE OF CECILIA LANNING, late of Kingston (died April 15, 2019), Raymond Lanning, Administrator; John J. Terrana, Esquire, 400 Third Ave., Suite 216, Kingston, PA 18704

ESTATE OF JAMES CHARLES LO-BITZ, late of Hazleton (died July 7, 2019), Mark Lobitz, Executor; Christopher B. Slusser, Esquire, The Slusser Law Firm, 1620 North Church St., Suite 1, Hazleton, PA 18202

ESTATE OF WALTER E. MICHAELS a/k/a Walt Michaels, late of Shickshinny (died July 10, 2019), Mary Ann Michaels, 12 Birch Ave., Plains, PA 18705, Executrix

ESTATE OF BETTY J. MORGAN, late of White Haven (died April 9, 2019), Ann L. Tischler, Executrix; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF CHARLES BERNARD RODGERS a/k/a Charles B. Rod-gers, late of Mountain Top (died January 4, 2019), Bernard J. Rodgers, 1364 Haymaker Rd., State College, PA 16801, Executor

ESTATE OF DEBORAH M. RUDY, late of Mountain Top (died June 28, 2019), Carolyn Rogus, Execu-


43

trix; Carl N. Frank, Esquire, Far-rell & Frank, Citizens Bank Cen-ter, 8 West Market St., Suite 1110, Wilkes-Barre, PA 18701-1801

ESTATE OF BETSY SCHREDER a/k/a Betsy S. Schreder, late of Kingston (died May 26, 2019), Marcia Downes, Executrix; Hou-rigan, Kluger & Quinn, P.C., 600 Third Ave., Kingston, PA 18704

ESTATE OF NATALIE ELEANOR SMITH a/k/a Natalie E. Smith, late of Kingston Twp. (died May 26, 2019), Allegra V. Goodman, Executrix; Bregman & Lantz, LLC, 1205 Wyoming Ave., Forty Fort, PA 18704

ESTATE OF HELEN STERENCHAK a/k/a Helen Bakich, late of Hazle Twp. (died July 21, 2019), Rose Marie Safko, Executrix; Frank J. Skokoski, Esquire, Skokoski & DeCosmo, 165 Susquehanna Blvd., West Hazleton, PA 18202

——————NOTICE OF HEARING

ON PETITION FOR ISSUANCE OF LETTERS OF

ADMINISTRATION———

No. 1571 of 2019 ———

NOTICE IS HEREBY GIVEN that on August 8, 2019, the Lu-zerne County Register of Wills set September 12, 2019 at 10:00 A.M. at the Luzerne County Reg-ister of Wills as the date and time for hearing to show cause why Lynn Williams, mother of Ta’Rese Rahjaan Previlon, should not be granted Letters of Administration of behalf of Ta’Rese Rahjaan Pre-vilon, and why the appellate time for such decree should not be limited to three months.

Aug. 16, 23

NOTICE OF PETITION TO CHANGE NAME OF

MINOR CHILD ———

IN THE SUPERIOR COURT OF BARROW COUNTY, STATE OF GEORGIA

———Civil Action File No.:

19-CV-000375-MIn re the Name Change of:

KYLEA RAE SWANK, a Minor Child

BRITTNEY LEA PUTNAMPetitioner

JAMES NORMAN SWANK, JR.Respondent

———NOTICE IS HEREBY GIVEN

that BRITTNEY LEA PUTNAM, by and through the undersigned counsel, DAVID S. CASON, filed her Petition to the Superior Court of Barrow County, Georgia on February 27, 2019, praying for a change of the name of the follow-ing child from: KYLEA RAE SWANK to KYLEA RAE PUTNAM.

Accordingly, notice is hereby afforded to any interested or af-fected party pursuant to Georgia Law to appear in said Court and to file objections to such name change within thirty (30) days of the filing of said Petition.

DAVID S. CASON, ESQUIREGeorgia Bar No.: 705142Attorney for Petitioner

306 Exchange Blvd. Ste. 400 Bethlehem, GA 30052 (770) 826-9549 (770) 466-7358 [email protected]

July 26; Aug. 2, 9, 16


44

NOTICE———

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed and approved by the Pennsylvania Department of State on July 15, 2019, in ac-cordance with the provisions of the Business Corporation Law of December 21, 1988, as amended, for the incorporation of:

DANGIO MANAGEMENT GROUP, INC.

Rinaldi & Poveromo, P.C.Attorneys

Aug. 16——————

NOTICE———

NOTICE IS HEREBY GIVEN pursuant to the provisions of the Fictitious Names Act of Pennsyl-vania, that Robert D’Aleo has filed with the Office of the Secre-tary of the Commonwealth of Pennsylvania, an application to conduct business under the as-sumed or the fictitious name of:

D’ALEO CONSTRUCTIONSaid business has an address

at: 1 Grandview Avenue, Hanover Township, PA 18706.

SUSAN A. MAZA, ESQUIRE 67 Public Square Suite 600 Wilkes-Barre, PA 18701 (570) 690-9400

Aug. 16

NOTICE———

NOTICE IS HEREBY GIVEN that Articles of Incorporation were filed and approved by the Pennsylvania Department of State on July 22, 2019, under the provisions of the Business Corporation of Law of 1988, on behalf of: OIL FIELD INNOVATIONS, INC.

William J. Watt, III, Esquire Saporito, Falcone & Watt

490 North Main Street Suite 202 Pittston, PA 18640

Aug. 16——————

ARTICLES OF INCORPORATION

———NOTICE IS HEREBY GIVEN

that Articles of Incorporation for: LITTLE BLACK CREEK

CONSERVANCY were filed with the Department of State of the Commonwealth of Pennsylvania on August 7, 2019 in accordance with the provisions of the Business Corporation Law of December 21, 1988, P.L. 1444, No. 177, as amended and supple-mented.

Aug. 16


45

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46

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47

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