1. law, govt and politics

Established 1872
1872
Established
(Cite
(Cite Vol.
Vol. 102
104 Luz.
Luz. Reg.
Reg.Reports)
Reports)
VOL. 104
102 Wilkes-Barre,
17, 2014
2012
VOL.
Wilkes-Barre,PA,
PA,Friday,
Friday,February
October 24,
NO.43
7
NO.
COMMONWEALTH
v.WASSIL.
GUZMAN
..................................................
1
COMMONWEALTH v.
...................................................
144
POSTMASTER:
POSTMASTER: Send
Send address
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toTHE
THELUZERNE
LUZERNELEGAL
LEGALREGISTER,
REGISTER,
Room
Room 23,
23, Court
Court House,
House,Wilkes-Barre,
Wilkes-Barre,PA
PA18711-1001
18711-1001
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PUBLISHED WEEKLY BY
PUBLISHED WEEKLY BY
The Wilkes-Barre Law and Library Association
The Wilkes-Barre Law and Library Association
Joseph P. J. Burke III, Esquire
Editor-in-Chief
and
Reporter of Decisions of the
Court of Common Pleas of Luzerne County
Kristin R. Breazeale
Business Editor Commercial Advertising
and Legal Notices
Gail Kopiak
Bar News Editor
Tel. 570-822-6712 Fax 570-822-8210
WEBSITE ADDRESS:
www.LuzerneLegalRegister.com and
www.wblawlibrary.org
All legal notices must be submitted in typewritten form
and are published exactly as submitted by the advertiser.
Neither The Luzerne Legal Register nor the printer
(Clare Printing) will assume any responsibility to edit,
make spelling corrections, eliminate errors
in grammar, or make changes to content.
Judge Robert A. Freedberg (Ret.)
• Former Judge, Pennsylvania
Superior Court & Court of
Common Pleas
n Elected to the Court of Common
Pleas, Northampton County – 1979
n Retained – 1989 and 1999
n President Judge – 1991-2008
n Superior Court Judge – 2008
n Retired from Superior Court – 2012
• Presided at hundreds of jury
and non-jury cases during his
28 years tenure
• Tried complex civil matters including
medical malpractice, products
liability and business-related cases
• Authored 50 published Opinions
for the Superior Court and
heard cases from all parts of
the Commonwealth
Two ways to submit
your case:
Call: (800) 364-6098
(215) 564-1775
Visit our website:
adroptions.com
2001 Market Street, Suite 1100
Two Commerce Square
Philadelphia, PA 19103-7044
• Presented at various educational
programs for judges and the bar
• Appointed by the Supreme
Court to the Judicial Council of
Pennsylvania
• Honorary Doctor of Laws degree –
Lafayette College, 2002
Graduated from Lafayette College
with honors – 1966
Received Juris Doctor – Columbia
University School of Law, 1969
3
ATTORNEY
Busy Wilkes-Barre family law practice has immediate
opening for an Associate. Experience preferred but not
required. Salary and benefits commensurate with experience. Please send resume to: Arthur F. Silverblatt, Esquire,
Silverblatt & Associates, 15 Public Square, Suite 506,
Wilkes-Barre, PA 18701.
Oct. 24, 31
ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in
disciplinary matters and matters involving ethical issues,
bar admissions and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Member of the Supreme Court of Pennsylvania Judicial
Conduct Board • 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
1460 Wyoming Avenue  Forty Fort, PA 18704
(570) 343-1827
4
ACCOUNTS AND AUDITS
AUDIT SCHEDULE—2015
Accounts Filed by:
Will Be Audited on:
December 26, 2014................................. February 3, 2015
January 30, 2015...........................................March 3, 2015
February 27, 2015.......................................... April 7, 2015
March 27, 2015................................................ May 5, 2015
April 24, 2015..................................................June 2, 2015
May 29, 2015.................................................... July 7, 2015
June 26, 2015............................................... August 4, 2015
July 24, 2015......................................... September 1, 2015
August 28, 2015......................................... October 6, 2015
September 25, 2015.............................. November 3, 2015
October 30, 2015...................................December 1, 2015
November 27, 2015.................................... January 5, 2016
Audits will occur on the dates listed above at 9:30 A.M.
in the Orphans’ Court, “Courtroom C”, Third Floor, Penn
Place Annex, 20 North Pennsylvania Avenue, Wilkes-Barre,
PA 18701.
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.
Oct. 24, 31; Nov. 7
5
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 an
Accredited Continuing Legal Education Provider.
Thursday, November 6, 2014
6 1/2 Hours Substantive CLE Credit
at the Woodlands Inn & Resort
Wilkes-Barre, PA
“2014 State Tax Seminar”
AGENDA
7:45 a.m.—8:00 a.m.
8:00 a.m.—4:15 p.m.
Registration
Program
Program Description
The Wilkes-Barre Law and Library Association is partnering with Wilkes University to provide this CLE program
to be held at the Woodlands Inn & Resort. It features a
presentation by the Pennsylvania Department of Revenue
of various knowledgeable presenters on State Tax issues.
For lawyers staying for the full program day (from 8:00
a.m.— 4:15 p.m.) of the presentation, six and a half (6 1/2)
hours of substantive continuing legal education credits will
be awarded for this program.
6
Please note that Wilkes University and the Pennsylvania
Department of Revenue selected the date and location for
this CLE. The date is November 6th (the same date as the
W-BLLA Bench Bar Conference), the location is the
Woodlands Inn & Resort.
Course
Course Outline:
Outline:
8:00 AM - 9:30 AM
INTRODUCTION AND PERSONAL INCOME TAX UPDATES
•
Tax Law Changes Effective in 2014
•
PA Forms Changes
•
Miscellaneous Issues
9:30 AM – 9:45 AM
BREAK
9:45 AM – 11:00 AM
11:00 AM –
12:30 PM
•
•
•
•
PASS THROUGH BUSINESS UPDATES
Federal/Pennsylvania Differences
Common Errors
Legislation Updates
Court Cases – Update
CORPORATION TAXES UPDATES
•
Prior Legislative Changes
•
ITS & Completing Reports
•
Report Review Timeframes
•
LLCs: Questions & Answers
•
Termination/Dissolution of Business
•
Inactive Reports
LUNCH
1:30 PM –
2:15 PM
REVENUE MODERNIZATION PROJECT INTEGRATED
TAX SYSTEM CONVERSION UPDATE
•
ITS Background
•
Corporation Taxes – Implementation Review
•
Trust Fund Taxes - Implementation Status
•
Guidance for Practitioners
•
e-TIDES, TeleFile and Credit/Debit Card Program
Updates
•
•
•
•
3:00 PM 3:15 PM
3:15 PM 4:15 PM
Jane McCurdy, CPA or
Linda Paterson, CPA
Pass Through Business Office
Joseph Clover, Jeffrey A. Creveling, Greg
Skotnicki, Valerie Greene or Glenwood
Hoskin
Bureau of Corporation Taxes
12:30 PM 1:30 PM
2:15 PM –
3:00 PM
David A. Braden, CPA
Bureau of Individual Taxes
UNEMPLOYMENT COMPENSATION
Controlling UC Costs
Avoiding UC Delinquency Rates
Understanding UC Benefit Charge Notifications
Classifying Workers Properly
Donald Sheridan or
Thomas L. Van Kirk
Integrated Tax System Business
Operations Office
Anna Brennan, Patrick Bucci, or Gabriele
Roman
Department of Labor and Industry
BREAK
BUSINESS USE TAX AND VOLUNTARY COMPLIANCE
INITIATIVES
•
Voluntary Compliance Initiatives including Business
Use Tax
•
Discovery Programs Update including Remote Seller
•
Other Compliance Programs and Enforcement Tools
James Foster, Kevin Milligan, or William
Hartman, CPA,
Enforcement Planning, Analysis, and
Discovery
•
In compliance with the Americans with Disabilities Act, the Department will make every effort to provide an alternative
format to persons with disabilities about the content of the seminars.
7
Registration Information
Date:
Thursday, November 6, 2014
Location:
Woodlands Inn & Resort
Wilkes-Barre, PA 18701
Registration Fee:
$145.00 per Person
(includes lunch & 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.
Registration Deadline: Monday, November 3, 2014
Space Is Limited.
Registration Is First Registered/First
Paid Basis. No Refunds Provided.
_____________________________________________________
REGISTRATION
STATE TAX SEMINAR
CLE PROGRAM
November 3, 2014
6 1/2 Substantive CLE Credit Hours
Woodlands Inn & Resort—Wilkes-Barre, PA
LAWYERS MUST REGISTER BY
CONTACTING WILKES UNIVERSITY.
_______________________________________________
Registration Fee Is Payable to:
Wilkes University
To register:
visit www.wilkes.edu/continuedlearning or
call Wilkes University at (570) 408-5615.
DEADLINE: November 3, 2014
Oct. 24, 31
8
NOTICE
PAUL R. MAHLER, ESQUIRE, ERIC N. MAHLER,
ESQUIRE AND MAUREEN K. COLLINS, ESQUIRE
are pleased to announce the relocation of the office of
MAHLER LAW FIRM, LLC to 1043 Wyoming Avenue,
1st Floor, Forty Fort, PA 18704. Attorneys and Staff can
be reached at (570) 718-1118 and facsimile (570) 718-1119
effective October 24, 2014.
Oct. 24, 31; Nov. 7
——————
FOR SALE!
Office furniture, Hon filing cabinets, chairs, equipment
and office supplies. If interested, please call Sherry at (570)
823-9006.
Oct. 24, 31
ADR
MEDIATION & ARBITRATION SERVICES
RICHARD G. FINE, ESQUIRE
•
•
•
•
Court-AppointedCertifiedMediatorsince1994
forMiddleDistrictofPA
45+yearsexperiencerepresentingindividuals
andcorporateentitiesincomplexlitigationin
StateandFederalCourts
25yearsexperienceasMediator&Arbitrator,
successfullyresolvinghundredsofcases
Fair,PreparedandReadyToResolveYourCase
FINE & WYATT, P.C.
(570)343-1197
[email protected]
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 2015 schedule is as follows:
Friday, January 23, 2015
Friday, February 20, 2015
Friday, March 20, 2015
Friday, April 17, 2015
Friday, May 22, 2015
Friday, June 19, 2015
Friday, July 17, 2015
Friday, August 21, 2015
Friday, September 18, 2015
Friday, October 16, 2015
Friday, November 20, 2015
Friday, December 18, 2015
Sept. 26—Jan. 2
10
Next Meeting of the YLD
The next meeting of the YLD will be held on Wednesday, November 12th at the Arena Bar & Grill beginning
at 6:00 p.m.
Dinner With the Judges
YLD members are welcome to join us for our annual
“Dinner With the Judges” on Wednesday, October 29th
at 6:00 p.m. at Pazzo Restaurant, located on Highway
315 in Pittston. This year, we have invited the Federal
Judges from both the Wilkes-Barre and Scranton locations
of the U.S. District Court for the Middle District. This
event is free to members of the YLD. Seats are limited to
the first twenty (20) YLD members to RSVP. Please RSVP
to Maureen Collins at Maureen.Collins@mahlerlawyers.
com.
Wills for Heroes
Young lawyers are encouraged to take part in this important volunteer event which will take place on a Saturday
in October or November at Luzerne County Community
College. Volunteers will prepare wills for first responders.
No relevant experience necessary! More details to follow.
Annual Brewery Tour
The YLD will charter a bus trip to the Finger Lakes,
New York (Lake Seneca) for its annual brewery tour on
Saturday, November 22nd. This year, we will visit breweries, wineries and a micro-distillery. The price per person
will be between $25.00 and $30.00. Seats are limited, so
be sure to RSVP to Maureen Collins at Maureen.Collins@
mahlerlawyers.com.
11
YLD Holiday Party
The annual YLD holiday party will be held on Thursday,
December 11th at the Westmoreland Club in WilkesBarre. This year RSVPs will be mandatory so that we can
properly plan for the number of attendees. As in previous
years, YLD members and other invitees are encouraged
to make or arrange for prize baskets which will be raffled
off at the holiday party. The ticket proceeds for the basket
raffle go to the Wilkes-Barre Law & Library Association
Charitable Foundation.
Law & Library Association Committees
Young lawyers are encouraged to join one or more of
the Wilkes-Barre Law & Library Association committees
found here: http://www.luzernecountybar.org/committees.
html. YLD members may also start their own committees
by contacting Joe Burke or Gail Kopiak at Wilkes-Barre
Law & Library Association at (570) 822-6712.
Discounted Philharmonic Tickets
Reminder: The NEPA Philharmonic has generously offered a 15% discounted ticket rate for Young Lawyers.
Please contact ticket sales to take advantage of this offer.
Social Media
The YLD is in the process of increasing its presence on
social media. We encourage all YLD members to join our
Facebook group, the Young Lawyers’ Division of the
Wilkes-Barre Law and Library Association at:
https://www.facebook.com/events/1480856755479575/
?ref_newsfeed_story_type=regular.
Oct. 24
12
The Wilkes-Barre Law & Library
Association Is Proud to Present This Year’s
President’s Award to
LARRY S. KEISER, ESQ.
Congratulations, Larry!
The W-BLLA Officers and
Executive Committee
Oct. 10, 17, 24, 31
13
ADR
Mediation & Arbitration
Thomas B. Helbig, Esq.
●
●
●
●
●
Mediation Master for Lackawanna
County Mediation Program - mediated
over 200 cases the last 3 years
Certified Federal Court Mediator MD of PA
Court-appointed Trial Master
and Interim Discovery Master
Conducted over 500 PI, UM/UIM,
bad faith, and contract Mediations
and Arbitrations in the last 5 years
33 years experience representing
Plaintiffs and Defendants in State
and Federal Courts
Experience | Fairness | Results
Mediation & Arbitration
30 5 L i nd e n S t r e e t , S c r ant o n, PA 18503
Phone 570.558.1430 | Fax 570.558.1432 | [email protected]
14
NOTICE TO THE BAR
Counsel are reminded of their duty to maintain the dignity and decorum of the courtroom
and legal process pursuant to the Code of Civility. Proper dress is expected at all times when
appearing in Court, including Motions practice. In addition, lawyers should advise clients
and witnesses of the proper dress and conduct
when appearing in Court. Your cooperation in
maintaining the dignity of the judiciary and
legal profession is greatly appreciated.
BY THE COURT
Aug. 15—Dec. 26
15
To All Members:
About the 2015 LAW DAY DINNER
As this year’s Law Day Dinner was such a huge success—
the Law Day Dinner WILL BE HELD at the
WOODLANDS again next year in 2015.
The Woodlands, however, does not have a
Saturday date open. As such, the 2015 dinner
will be held on a Friday evening.
THE DATE FOR THE 2015 LAW DAY DINNER IS
******* FRIDAY—APRIL 17th—2015 *******
The time is the same: 6:30 p.m. for Cocktails
and 7:30 p.m. for the Dinner.
If you have never attended the Law Day Dinner, 2015 is
the time to attend. For the customary usually low subsidized
price, the W-BLLA will offer a top shelf cocktail and hors
d’oeuvres reception and a first class dinner (normally surf
and turf ).
In addition, for the 2015 Law Day Dinner, the Woodlands
will provide complimentary rooms to any members who
attend the dinner and request the same—so the party need
not end early. You can stay to the very end and enjoy your
evening, worry free.
SO ATTEND—RELAX! ENJOY!
HAVE A GREAT TIME!
Also, to make our Law Day Dinner and your overnight
stay at the Woodlands even more enjoyable, the Woodlands
will provide complimentary shuttle service to and from the
Mohegan Casino—so your night does not have to end early.
Finally, the Woodlands will provide a Saturday morning
complimentary brunch.
DON’T MISS OUT. MARK YOUR
CALENDARS NOW AND PLAN TO ATTEND!
—SAVE THE DATE—
More details will be published in the
Register as we get closer to the event.
Aug. 15—Dec. 26
16
WILKES-BARRE LAW
AND LIBRARY ASSOCIATION
Bench Bar Conference and Seminar
3 Hours Substantive—1 Hour Ethics
Thursday, November 6, 2014
Mohegan Sun at Pocono Downs
11:00 A.M.—11:30 A.M.
11:30 A.M.—12:15 P.M.
12:15 P.M.—1:15 P.M.
1:15 P.M.—2:15 P.M.
REGISTRATION (Convention
Corridor) Vendor Review Time
(Salon CDEF).
LUNCH (Salon CDEF—
Double-Sided Buffet).
INTRODUCTION TO PROGRAM:
Jamie Anzalone, Esquire,
Chairperson, Bench Bar Committee.
PLENARY SESSION:
Hon. Matthew A. Cartwright,
United States House of Representatives.
CONCURRENT WORKSHOPS:
(I). CIVIL LITIGATION—(Salon A).
Chairperson: Jamie Anzalone, Esquire.
Presenters and Topics Include the Following:
Stars of the Bar Tell Their War Stories—William F. Anzalone, Esquire, John J. Aponick, Jr., Esquire, Patrick E.
Dougherty, Esquire, and Thomas J. Foley, Jr., Esquire.
17
(II). CRIMINAL LITIGATION—(Salon B).
Chairpersons: Frank W. Nocito, Esquire and Michael I.
Butera, Esquire.
Presenters and Topics Include the Following:
Recent Case Law and Statutory Changes—James L. McMonagle, Jr., Esquire, Assistant District Attorney of Luzerne County and Timothy M. Doherty, Esquire, Assistant
Attorney General of the Commonwealth of Pennsylvania.
D.U.I. Update and Sentencing Alternatives—Ferris P.
Webby, Esquire and Timothy M. Doherty, Esquire, Assistant Attorney General of the Commonwealth of Pennsylvania.
(III). BANKRUPTCY—(Anthracite Meeting Room).
Chairperson: David E. Schwager, Esquire.
Presenters and Topics Include the Following:
Bankruptcy Ethics Issues—Honorable John J. Thomas
and the Honorable Robert N. Opel, II of the United States
Bankruptcy Court for the Middle District of Pennsylvania, and
David E. Schwager, Esquire (Moderator).
(IV). DOMESTIC RELATIONS AND CUSTODY—
(Hemlock Meeting Room).
Chairperson: Ruth Slamon Borland, Esquire.
Presenters and Topics Include the Following:
Family Court Updates—Honorable Jennifer L. Rogers,
Court of Common Pleas of Luzerne County, Sharon R. Bitzel,
Esquire, A. Lisa Pierotti, Esquire, and Ruth Slamon Borland, Esquire (Moderator).
18
(V). ELDER LAW, ESTATE PLANNING, SETTLEMENT ADMINISTRATION—(Susquehanna Meeting
Room).
Chairperson: Brenda D. Colbert, Esquire, LL.M., CELA.
Presenters and Topic Include the Following:
Pennsylvania New Power of Attorney Act—Updating Your
Forms—Kevin R. Grebas, Esquire, CELA and David R.
Lipka, Esquire, CELA.
2:15 P.M.—2:30 P.M.
BREAK/VENDOR REVIEW TIME.
(Refreshments/Convention Corridor)
2:30 P.M.—3:30 P.M. CONCURRENT WORKSHOPS
CONTINUE.
(I). CIVIL LITIGATION—(Salon A).
Chairperson: Jamie Anzalone, Esquire.
Presenters and Topics Include the Following:
Thinking Outside the Box in Motor Vehicle Accident Cases—
Neil T. O’Donnell, Esquire.
A View From the Civil Bench—Honorable Michael T.
Vough and the Honorable Lesa S. Gelb, Court of Common
Pleas of Luzerne County.
(II). CRIMINAL LITIGATION—(Salon B).
Chairpersons: Frank W. Nocito, Esquire and Michael I.
Butera, Esquire.
Presenters and Topics Include the Following:
A Panel Discussion—Honorable Tina Polachek Gartley,
the Honorable David W. Lupas, the Honorable Fred A.
Pierantoni, III, the Honorable Joseph F. Sklarosky, Jr. of
the Court of Common Pleas of Luzerne County, Stefanie J.
Salavantis, Esquire, District Attorney of Luzerne County,
Steven M. Greenwald, Esquire, Chief Public Defender of
Luzerne County, and Timothy M. Doherty, Esquire, As-
sistant Attorney General for the Commonwealth of Pennsylvania.
19
(III). REAL ESTATE—(Anthracite Meeting Room).
Chairperson: David E. Schwager, Esquire.
Presenters and Topics Include the Following:
The Mysteries of Lien Priority Law and Lien Divestiture
Revealed—Richard Brent Somach, Esquire, and David E.
Schwager, Esquire.
(IV). DOMESTIC RELATIONS AND CUSTODY—
(Hemlock Meeting Room).
Chairperson: Ruth S. Borland, Esquire.
Presenters and Topics Include the Following:
Family Court Updates—Honorable Jennifer L. Rogers,
Court of Common Pleas of Luzerne County, Sharon R. Bitzel,
Esquire, A. Lisa Pierotti, Esquire, and Ruth Slamon Borland, Esquire (Moderator).
(V). ELDER LAW, ESTATE PLANNING, SETTLEMENT AND ADMINISTRATION—(Susquehanna
Meeting Room).
Chairperson: Brenda D. Colbert, Esquire, LL.M., CELA.
Presenters and Topics Include the Following:
Guardianship and Orphans’ Court Rules Update—Honorable Richard M. Hughes, III.
Special Needs Planning—Brenda D. Colbert, Esquire,
LL.M., CELA.
3:30 P.M.—4:00 P.M.
GENERAL SESSION—
(Salon CDEF).
Elaine Cook, Esquire, President,
Wilkes-Barre Law & Library Association,
Presentation of the
2014 President’s Award to
LARRY S. KEISER, ESQUIRE
Larry S. Keiser, Esquire—
Acceptance Remarks.
20
4:00 P.M.—5:00 P.M.
5:00 P.M.—5:15 P.M.
Hon. Thomas F. Burke, Jr.,
President Judge, Court of Common
Pleas of Luzerne County—
A View From the Bench.
KEYNOTE ADDRESS—
(Salon CDEF).
Matt Casey, Esquire
Founding Partner, Ross Feller Casey.
CLOSING REMARKS:
Jamie Anzalone, Esquire,
Chairperson, Bench Bar Conference.
A PHOTOGRAPH OF BENCH BAR COMMITTEE CHAIRS,
WORKSHOP CHAIRS, AND PARTICIPANTS.
5:15 P.M.—6:15 P.M.
Cocktails & Hors D’oeuvres
(Convention Corridor).
PROGRAM DESCRIPTION
In response to the invitation of the members of the Bench/Bar
Committee of the Wilkes-Barre Law & Library Association, leading practitioners in the above noted practice areas have agreed to
conduct workshops outlining recent developments in the indicated practice areas.
PROGRAM INFORMATION
Program Date:
Location:
Lunch:
Registration Fee:
Deadline:
Thursday, November 6, 2014.
Mohegan Sun at Pocono Downs.
Buffet starts at 11:30 a.m.
Regular Price is $90.00.
W-BLLA MEMBERS: $50.00.
W-BLLA YOUNG LAWYERS: $40.00.
(Price includes CLE registration, lunch,
refreshments, cocktails and hors d’oeuvres.)
Payable to “Wilkes-Barre Law
& Library Association.”
Monday, November 3, 2014.
REGISTRATION IS FIRST REGISTERED/
FIRST PAID BASIS.
REGISTRATION IS LIMITED.
21
Where to Send:
WILKES-BARRE LAW
& LIBRARY ASSOCIATION
Room 23, 200 North River Street
Wilkes-Barre, PA 18711-1001
---------------------------------------------------------------------REGISTRATION FORM
Bench/Bar Conference and Seminar
November 6, 2014
Return Registration Form and Check to:
Wilkes-Barre Law & Library Association
200 North River Street, Room 23
Wilkes-Barre, PA 18711-1001
Registration Deadline: Monday, November 3, 2014
NAME____________________________________________
ATTORNEY I.D. # ___________ PHONE # ______________
FIRM ______________________________________________
FIRM ADDRESS____________________________________
___________________________________________________
Registration Fee: Regular Price: $90.00
W-BLLA Members: $50.00
W-BLLA Young Lawyer Members: $40.00
Make check payable to
Wilkes-Barre Law & Library Association.
Oct. 3—31
22
Wilkes-Barre Law & Library Association
2014 Event Dates
Saturday
April 12, 2014
Law Day Dinner
Monday
April 28, 2014
Quarterly Meeting
Saturday
May 3, 2014
Law Day Shabbat
Friday
July 11, 2014
Summer Outing
Monday
October 6, 2014
Red Mass
Monday
October 20, 2014
Quarterly Meeting
Thursday November 6, 2014
Bench Bar Conference
Thursday December 11, 2014 Atty. Admissions
Please Mark These Dates on Your Calendar!
23
144 DOMBROSKI v. COMMUNITY HEALTH
M.D.; and Russell James, M.D., incorrectly designated
as Robert James, M.D., are DISMISSED with prejudice.
The Office of Judicial Records & Services of Luzerne
County, Pennsylvania shall give notice of this Order and
attached Opinion to all parties pursuant to Pa. R.C.P.
236.
[EDITOR’S NOTE: Appeal filed to the Superior Court of Pennsylvania. Docket
No. 863 MDA 2013. Filed May 3, 2013. Denied by Superior Court, October 25,
2013. Petition of Allowance of Appeal From Order of the Superior Court filed.
Docket No. 876 MAL 2013. Filed October 25, 2013. Denied by the Supreme Court
of Pennsylvania, March 26, 2014. See Luzerne County Docket No. 1033 of 2011.]
——————
COMMONWEALTH v. WASSIL
Criminal Law and Procedure—Felony Firearm Possession—Reckless Endangerment—
Evidence—Motion to Suppress—Burden of Proof—Constitutional Right—Police Custody—Failure to Provide Miranda Warnings—Statements of Defendant Suppressed—
Standards for Felony Arrests—Misdemeanor Arrests Committed Outside Presence of
Police Officer—Commonwealth v. Clark, 558 Pa. 157, 735 A. 2d 1248 (1999)—Statutory
Exceptions —Milbourne v. Baker, No. 11-1866, 2012 WL 1889148 (E.D. Pa., May 23,
2012)—No Statute or Rule of Law Authorizing a Warrantless Arrest for Simple Assault,
Recklessly Endangering Another Person or Harassment Committed Outside the Presence
of a Police Officer—Consent to Police Search—Principles—Commonwealth v. Kemp,
961 A. 2d 1247 (Pa. Super. 2008)—Tests for Voluntariness and Seizure—Overlapping
Analyses—Factors to Consider—Totality of Circumstances—Invitation—Police Entry—Plain View—Defendant’s Motion to Suppress Firearm Denied.
1. Subsequent to the filing of a motion to suppress evidence, the Commonwealth bears
the burden of going forward at a subsequent hearing establishing that the challenged evidence was not obtained in violation of a defendant’s rights.
2. Where it is clear that a defendant was in custody, not advised of his rights pursuant to
Miranda, and asked questions regarding the alleged criminal conduct—the aforementioned
statement is suppressed.
3. Generally, in determining whether an individual was lawfully arrested, a court begins
with a notion that law enforcement authorities must have a warrant to arrest an individual
unless they have probable cause to believe (1) a felony has been committed and (2) the
person to be arrested is the felon.
4. Commonwealth v. Clark, 558 Pa. 157, 735 A. 2d 1248 (1999) instructs that a warrant
is required to make an arrest for a misdemeanor, unless the misdemeanor is committed in
the presence of the police officer. Some exceptions exist. See Com. v. Clark.
5. In the matter sub judice, probable cause for a felony arrest did not exist when the
defendant was taken into custody.
6. There is no statute in the Commonwealth of Pennsylvania or rule of law authorizing a
warrantless arrest for simple assault, recklessly endangering another person or harassment
24
Luzerne op 7-1
COMMONWEALTH v. WASSIL
COMMONWEALTH v. WASSIL
145
committed outside the presence of the police officer. Milbourne v. Baker, No. 11-1866,
2012 WL 1889148 (E.D. Pa., May 23, 2012).
7. In the matter sub judice, police possessed the probable cause to arrest the defendant
for recklessly endangering another person; however, there is no cited authority that permits a
warrantless arrest for recklessly endangering another person based upon the factual context
of the record in this case.
8. The police did obtain the evidence in the instant matter based upon the consent of
the defendant’s girlfriend who invited the police into the residence.
9. The principles of a consented search are outlined by the Superior Court of Pennsylvania in Commonwealth v. Kemp, 961 A. 2d 1247 (Pa. Super. 2008).
10. In applying the principles as outlined in Kemp, tests for voluntariness and for seizure
entail an examination of the objective circumstances surrounding the police/citizen encounter to determine whether there was a show of authority that would impact upon a reasonable citizen subject’s perspective, there is a substantial necessary overlap in the analyses.
11. Kemp outlines a non-exclusive list of factors to determine whether an individual
voluntarily consented to a search. [See reiterated list cited herein.]
12. A statement by police explaining that, absent a consent to search, the police would
obtain a search warrant is merely a factor, but not a dispositive one, in the totality of circumstances that a court must review in determining whether the police coerced the individual
in consenting to the search.
13. In the matter sub judice, the Commonwealth has established sufficiently the consent
for the search. Once invited into the residence, the revolver at issue was in plain view. Accordingly, the defendant’s motion to suppress this evidence is denied.
In the Court of Common Pleas of Luzerne County—
Criminal Division—No. 298 of 2013.
Jill Matthews, Esquire, Assistant District Attorney,
for the Commonwealth.
Girard J. Mecadon, Esquire, for the Defendant.
Before: Pierantoni, J.
PIERANTONI, J., October 7, 2014:
Pa. R.Crim.P. 581(I) Memorandum
On February 19, 2013, the Commonwealth issued
an information in the above captioned matter charging
the defendant with possession of a firearm prohibited,
a felony of the second degree; recklessly endangering
another person, a misdemeanor of the second degree;
25
Luzerne op 7-1
146
COMMONWEALTH v. WASSIL
and two summary offenses i.e. harassment and disorderly
conduct.
On May 21, 2014 counsel for the defendant submitted
a motion to suppress. A brief in support of this motion
was subsequently filed on June 16, 2014 and the Commonwealth submitted a brief in opposition on June 23,
2014. A hearing was conducted on September 26, 2014
at which time the Commonwealth presented the testimony of two members of the Pennsylvania State Police,
Trooper Anthony Ziller and Trooper Thomas Swiech.
The defense presented the testimony of the defendant
and the defendant’s girlfriend, Kim Crawley. Additionally, the defense offered twelve photographs of the
residence where the defendant was taken into custody
and certain firearms were seized.
Issues Presented
The motion to suppress asserts that on October 6, 2012
members of the Pennsylvania State Police “descended”
upon the defendant’s residence “as a result of investigating a bar fight where it was alleged a gun went off.”
Defense counsel argues the state police had no warrant to enter the defendant’s home nor were exigent
circumstances present. It is further asserted the defendant was asked permission to search his home, which
was denied.
The motion additionally asserts the defendant was not
advised of his “Miranda Rights” and “any statements he
gave were in the absence of a knowing and intelligent
waiver of his rights.”
Defense counsel additionally argues the defendant
was arrested “without probable cause or a valid warrant.”
26
Luzerne op 7-1
COMMONWEALTH v. WASSIL
147
The Commonwealth responds that the troopers were
present at the residence to investigate an incident which
occurred at the “Four Fellas bar” and encountered the
defendant “who had already been implicated in several
crimes by multiple eye witnesses [sic].” In conclusory
fashion, the Commonwealth asserts police arrived with
probable cause, and the defendant was arrested. Additionally, the Commonwealth states “Contrary to the
Defendant’s statement he was read his Miranda warnings and testimony will show this.”
The Commonwealth additionally indicates the troopers were invited into the residence by Kimberly Crawley
and therefore possessed consent to search. Once inside
the troopers observed “the revolver at issue in plain
view.”
Factual Summary
On October 6, 2012 Trooper Anthony Ziller was
assigned the 11:00 p.m. to 7:00 a.m. shift and was dispatched to Four Fellas bar in response to a reported
“bar fight, shots fired.” Trooper Ziller indicated after
arriving at the scene he interviewed several witnesses
who identified the defendant as the alleged perpetrator.
Troopers responded to the defendant’s residence,
which was then surrounded. The defendant was observed
on a couch and responded to the troopers’ presence
at the door of the residence. Mr. Wassil was placed in
handcuffs and questioned regarding the incident at the
bar. The trooper additionally testified the defendant
was under arrest. Trooper Ziller acknowledged that the
defendant was not advised of Miranda rights prior to
the questioning.
On cross-examination Trooper Ziller stated that two
patrol vehicles and a total of four troopers responded
27
Luzerne op 7-1
148
COMMONWEALTH v. WASSIL
to Mr. Wassil’s residence. The witness additionally indicated that a vehicle at the residence matched the description of the vehicle involved in the incident at Four
Fellas bar. Trooper Ziller stated the vehicle’s registration
was “run” but he was unsure regarding the information
subsequently received.
The witness reiterated the defendant’s residence was
surrounded and that he knocked on the front door of the
mobile home. The defendant responded to the door at
which point he was ordered from the home with a “rifle
pointed at him” and placed in handcuffs at which time
he was directed to sit on the steps of the residence accompanied by the trooper.
On redirect Trooper Ziller stated police were in possession of probable cause to effectuate the arrest of the
defendant and that the vehicle present at the defendant’s
residence was a Subaru.
Trooper Thomas Swiech was called and initially stated
on October 5, 2012 he was assigned the 11:00 p.m. to
7:00 a.m. shift. Trooper Swiech indicated members of
the state police surrounded the defendant’s mobile home
after initially investigating an incident which occurred
at the Four Fellas bar.
After arriving at the residence the state police established a perimeter and were able to observe “two sets
of feet” lying on a mattress inside a room in which the
television was on. When another member of the state
police knocked on the front door both individuals got off
the mattress. The second individual was subsequently
identified as Kim Crawley, the defendant’s girlfriend.
After the defendant was ordered from the home and
detained on the front steps Ms. Crawley was asked if the
28
Luzerne op 7-1
COMMONWEALTH v. WASSIL
149
troopers could “step inside” and she “invited us in.” In
this context, Trooper Swiech stated he identified himself
and explained to Ms. Crawley the reason for the state
police presence.
This witness additionally testified Ms. Crawley advised
that her daughter was asleep in the back bedroom. The
witness stated he awoke the aforementioned female and
as the lights in the residence were turned on he “immediately observed a black revolver.”
Trooper Swiech indicated he explained to Ms. Crawley why the state police were present and obtained her
consent to search the residence. This search revealed
two additional firearms which were close to the bed.
On cross-examination the witness stated he initially
encountered the female in the doorway of the residence
and did not recall whether the residence had a screen
door or whether it was a warm night.
The witness reiterated that the state police were invited into the residence by the female; the state police
explained their presence; and asked for and obtained
consent to search.
The trooper indicated a total of three handguns
were seized which were “within feet of one another.”
The black revolver was in plain view and the two additional firearms were described as “around the bed.” The
trooper did not initially observe the later two weapons.
The defense called Kim Crawley who indicated on the
night in question she was inside the trailer. Ms. Crawley
heard no sirens. She did hear the defendant, who was
wearing boxer shorts, “get up.” The two were “in our
bedroom” and Ms. Crawley followed the defendant to
the door.
29
Luzerne op 7-1
150
COMMONWEALTH v. WASSIL
The witness identified twelve pictures of the residence
describing various heights and window coverings.
Ms. Crawley stated she spoke to three troopers who
asked permission to enter the residence. Ms. Crawley
stated she advised the troopers “absolutely not” in response to the request. The witness further indicated
the troopers represented if warrant was obtained it may
take six troopers and two days to complete the search, to
which Ms. Crawley responded “Get a warrant.”
Ms. Crawley additionally indicated the troopers advised they would take her into custody, came into the
residence and “searched anyway.” Ms. Crawley stated
the three guns in the residence were “my guns” and
that the defendant had no knowledge the firearms were
present.
On cross-examination Ms. Crawley acknowledged
she lived with the defendant at the residence in question. The witness additionally acknowledged that her
testimony was in direct contradiction to that offered by
the troopers. The witness further acknowledged being
aware of the defendant’s criminal history and that the
weapons were kept on “my side of the bed.” The witness
additionally indicated there was a gun safe in the trailer
but that the guns were not in the safe.
The defendant assumed the stand and stated he
heard a “bang” at the bottom of the trailer steps and
after opening the door had “a rifle pointed at me.” The
defendant stated he was placed in handcuffs and asked
if the troopers could enter his residence to which he
responded “No get a warrant.”
The defendant additionally stated he was in “boxer
shorts” when the state police arrived.
To Be Continued
30
Luzerne op 7-1
THE LUZERNE LEGAL REGISTER
DECEDENTS’ ESTATES
Notice is hereby given that letters
testamentary or of administration
have been granted in the following
estates. All persons indebted to said
estates are required to make payment
and those having claims or demands
to present the same without delay to
the administrators or executors
named or their attorneys
ESTATE OF STANLEY T. MESHINSKI, late of Shickshinny (died
August 1, 2014), Valerie Malishchak, Executrix; Attorney David
R. Lipka, Law Offices, 50 East
Main St., Plymouth, PA 186513017
ESTATE OF DOROTHY A. MORAN
a/k/a Dorothy Anne Moran, late
of Hazleton (died October 25,
2013), Mark A. Moran, Executor;
Peter J. Fagan, Esquire, P.O. Box
904, Conyngham, PA 18219
FIRST PUBLICATION
ESTATE OF LOWELL AUGUST
BELTZ a/k/a Lowell Beltz, late of
Hazle Twp. (died August 6, 2013),
Loretta Beltz, Administratrix; Michael S. Greek, Esquire, 42 East
Patterson St., Lansford, PA 18232
ESTATE OF WILLIAM M. REDICKA
a/k/a William Michael Redicka,
late of Dupont (died July 11,
2014), Mary Ann Redicka, Administratrix; Dominick P. Pannunzio,
Esquire, 294 Main St., Dupont,
PA 18641
ESTATE OF LEO P. DEAN, late of
Hazleton (died May 13, 2014),
Mary E. Koval, Executrix; Bart E.
Ecker, Esquire, Laputka, Bayless,
Ecker & Cohn, P.C., One South
Church St., Suite 301, Hazleton,
PA 18201
ESTATE OF PAUL W. SEROCK, late
of Hazleton (died January 26,
2014), Joseph G. Serock, Administrator; John P. Rodgers, Esquire,
15 Public Sq., Suite 210, WilkesBarre, PA 18701
ESTATE OF MARGARET L. DWYER
a/k/a Margaret Dwyer, late of
Kingston (died September 26,
2014), Michael Donald Dwyer,
Executor; James P. Blaum, Esquire, New Bridge Center, 480
Pierce St., Suite 216, Kingston, PA
18704
ESTATE OF THEODORE G. SKIBINSKI, late of Wilkes-Barre (died
September 22, 2014), Richard
Skibinski, Executor; Gallagher,
Brennan & Gill, 220 Pierce St.,
Kingston, PA 18704
ESTATE OF JOSEPH M. MATTEO,
late of Hazleton City (died September 23, 2014), Pasco J. Umbriac,
499 Morrison Circle, Hazle Twp.,
PA 18201, Executor; Pasco L.
Schiavo, Esquire, 1 Columbus
Place, 199 North Church St.,
Hazleton, PA 18201-5874
ESTATE OF GEORGE G. STEGENA
a/k/a George Stegena, late of
Freeland (died September 18,
2014), Linda Stegena and Deborah Frank, Co-Administratrices;
Richard J. Marusak, Esquire,
Ustynoski & Marusak, LLC, 101
West Broad St., Suite 205, Hazleton, PA 18201
ESTATE OF SYLVIA M. MENGHINI
a/k/a Sylvia Menghini, late of
Sugarloaf Twp. (died September
1, 2014), Reverend Peter D. Menghini, Executor; Thomas J. Carlyon, Esquire, 4285 Hollywood
Blvd., Hazle Twp., PA 18202
ESTATE OF MARIE T. TALAROVICH,
late of Freeland (died June 10,
2007), Kathleen Peruchetti, Executrix; Albert F. Maier, Jr., Esquire, 820 Main St., Freeland, PA
18224
31
THE LUZERNE LEGAL REGISTER
SECOND PUBLICATION
tor; Raymond A. Hassey, Esquire,
304 Wilkes-Barre Twp. Blvd.,
Wilkes-Barre, PA 18702
ESTATE OF EDWARD G. BEZDZICKI, late of Hanover Twp. (died
August 26, 2014), Edward F.
Bezdecki, Administrator; Elliot B.
Edley, Esquire, Edley and Reishtein, Citizens Bank Center, 8 West
Market St., Suite 650, WilkesBarre, PA 18701
ESTATE OF KEVIN JUDE JORDAN
a/k/a Kevin J. Jordan, late of
Exeter (died August 31, 2014),
Erin Colleen Jordan, 178 Washington Ave., West Wyoming, PA
18644, Executrix
ESTATE OF BARBARA J. BLOSS, late
of Butler Twp. (died May 29,
2014), Walter L. Bloss, Sr., Administrator; Gordon L. Bigelow,
Esquire, The Bigelow Law Firm,
P.C., 7 Sand Springs Dr., P.O. Box
453, Drums, PA 18222
ESTATE OF CALVIN W. KANYUCK,
late of Newport Twp. (died September 7, 2014), Ruth M. Kanyuck, Executrix; Richard C. Shiptoski, Esquire, 792 Market St.,
Kingston, PA 18704
ESTATE OF OLIVE KIRK a/k/a Olive
M. Kirk, late of Wyoming (died
October 6, 2013), Marie J. Kirk,
Executrix; Kluxen, Newcomer &
Dreisbach, Attorneys-at-Law, 339
North Duke St., P.O. Box 539,
Lancaster, PA 17608-0539
ESTATE OF CHARLES EVANCHYK,
late of Ashley (died September 24,
2014), Phyllis Radice, Administratrix; Patrick J. Aregood, Esquire,
1218 South Main St., WilkesBarre, PA 18706
ESTATE OF JOAN M. KOTCH, late of
Freeland (died July 9, 2014), Michael Kotch, Executor; Donald G.
Karpowich, Esquire, 85 Drasher
Rd., Drums, PA 18222
ESTATE OF FRANK GELSLEICHTER
a/k/a Frank C. Gelsleichter, Jr.
a/k/a Frank C. Gelsleichter, late
of Dallas (died September 25,
2014), Don Dymond, Executor;
Jami Layaou Hearn, Esquire, 28
East Tioga St., Tunkhannock, PA
18657
ESTATE OF CYRIL J. KOWALCHICK,
late of Hazleton (died February 25,
2014), Mary Kish, Administratrix;
John P. Rodgers, Esquire, 15
Public Sq., Suite 210, WilkesBarre, PA 18701
ESTATE OF TONY GENNARO, late of
Dallas (died June 9, 2009), Paula
Pizzo, Executrix; David W. Saba,
Esquire, 400 Third Ave., Suite
101, Kingston, PA 18704
ESTATE OF RAYMOND M. MARUSAK
a/k/a Raymond Marusak, late of
Hazleton (died September 19,
2014), Monica Dougherty, Executrix; Richard J. Marusak, Esquire,
Ustynoski & Marusak, LLC, 101
West Broad St., Suite 205, Hazleton, PA 18201
ESTATE OF ROBERT A. GROSS, SR.
a/k/a Robert A. Gross, late of
Sugarloaf (died September 14,
2014), Robert A. Gross Jr., Executor; Daniel A. Miscavige, Esquire, Gillespie Miscavige, 67
North Church St., Hazleton, PA
18201
ESTATE OF DORIS E. MONTE a/k/a
Doris Monte, late of Drums (died
September 21, 2014), Donna Hadzick, Executrix; Joseph R. Ferdinand, Esquire, 67 North Church
St., Hazleton, PA 18201
ESTATE OF JUDITH M. HASSEY, late
of Exeter (died October 1, 2014),
Raymond A. Hassey, Sr., Execu32
THE LUZERNE LEGAL REGISTER
ESTATE OF THOMAS F. O’DONNELL,
late of Hanover Twp. (died September 24, 2014), Neil T. O’Donnell,
Executor; Catherine R. O’Donnell,
Esquire, O’Donnell Law Office,
267 Wyoming Ave., Kingston, PA
18704
& Greenwald, LLP, 15 South
Franklin St., Wilkes-Barre, PA
18711-0075
ESTATE OF DORA SERAFINI, late of
Wilkes-Barre (died September 3,
2014), Doreen John, Executrix;
Charles D. McCormick Esquire
and Caelie McCormick Sweigart,
Esquire, One South Main St., 3rd
Floor, Wilkes-Barre, PA 18701
ESTATE OF DOROTHY H. PODLESNEY, late of Hazle Twp. (died May
22, 2014), David Podlesney, Executor; Gordon L. Bigelow, Esquire, The Bigelow Law Firm, P.C.,
7 Sand Springs Dr., P.O. Box 453,
Drums, PA 18222
ESTATE OF ELEANOR ZDANCEWICZ, late of Kingston (died September 21, 2014), Cathy Mrackowski, Executrix; John J. Terrana,
Esquire, 400 Third Ave., Suite
216, Kingston, PA 18704
ESTATE OF STANLEY F. RADKOVSKY, late of Conyngham (died
September 27, 2014), Martha
Vincent, Administratrix; Carl N.
Frank, Esquire, Farrell & Frank,
Citizens Bank Center, 8 West
Market St., Suite 1021, WilkesBarre, PA 18701-1801
THIRD PUBLICATION
ESTATE OF JOSEPH E. BANJOCK,
late of Kingston (died September
13, 2014), Demetrius W. Fannick,
Executor; Kevin M. Walsh, Esquire, 297-299 Pierce St., Kingston, PA 18704
ESTATE OF ROBERT J. REBENNACK, late of Jackson Twp. (died
August 7, 2014), Anne M. Rebennack, Executrix; Robert L. Dluge,
Jr., Esquire, Diehl, Dluge, Jones
& Michetti, P.O. Box 304, Elysburg, PA 17824
ESTATE OF MARY CAPLO, late of
Hazleton (died September 18,
2014), Rita Libonati, Executrix;
William J. Schneider, Esquire,
439 West Broad St., Hazleton, PA
18201-6106
ESTATE OF ADAM F. RUTSKI, late
of Butler Twp. (died August 24,
2014), Renee Rutski, Executrix;
Joseph D. Ustynoski, Esquire,
Ustynoski & Marusak, 101 West
Broad St., Suite 205, Hazleton, PA
18201
ESTATE OF JOSEPHINE DIGNANI,
late of Nanticoke (died May 21,
2014), John J. Halat, Executor;
Pyrah/Stevens, LLC, 575 Pierce
St., Suite 303, Kingston, PA
18704
ESTATE OF GARY A. EVANS, late of
Harveys Lake (died September 19,
2014), Todd W. Evans, Executor;
Matthew E. Reinert, Esquire, 63
Pierce St., Kingston, PA 18704
ESTATE OF EVELYN V. SAGAN, late
of Freeland (died September 19,
2014), Robert J. Sagan, Executor;
Anthony Dixon, Esquire, Rosenn,
Jenkins & Greenwald, LLP, 120
East Broad St., West Hazleton, PA
18202
ESTATE OF LEONA ORETTA FILIP,
late of Wilkes-Barre (died August
4, 2014), Thomas M. Filip, Administrator; Anthony G. Ross, Esquire, 126 South Main St., Pittston, PA 18640
ESTATE OF ROSEMARY E. SCANLON, late of Laflin (died August 9,
2014), Margaret Mary Valentine,
Administratrix; Rosenn, Jenkins
33
THE LUZERNE LEGAL REGISTER
ESTATE OF BENNY E. HOWE, late
of Plains (died September 2,
2014), Kevin E. Howe, Executor;
Jannell L. Decker, Esquire, 1043
Wyoming Ave., Forty Fort, PA
18704
trix; Thomas P. Brennan, Esquire,
Gallagher, Brennan & Gill, 220
Pierce St., Kingston, PA 18704
ESTATE OF AGNES C. SCHAFER
a/k/a Agnes C. Horn Schafer, late
of Freeland (died January 29,
2012), Burton E. Schafer, Executor; Albert F. Maier, Jr., Esquire,
820 Main St., Freeland, PA 18224
ESTATE OF DELBERT J. McDERMOTT, SR., late of West Wyoming
(died January 21, 2014), Delbert
J. McDermott, Jr., Executor;
Kevin R. Grebas, Esquire, Colbert
& Grebas, P.C., 210 Montage
Mountain Rd., Suite A, Moosic, PA
18507
ESTATE OF THEODORE SKRAINY,
late of Swoyersville (died September 17, 2014), Sophie Pointon,
Executrix; Frank J. Aritz, Esquire,
23 West Walnut St., Kingston, PA
18704
ESTATE OF JUAN F. MIRANDA, late
of West Wyoming (died May 13,
2012), Jeanine Loftus, Executrix;
Kelley, Polishan & Solfanelli, LLC,
259 S. Keyser Ave., Old Forge, PA
18518
ESTATE OF JOSEPH STOSHICK
a/k/a Joseph R. Stoshick, late of
Dupont (died May 19, 2014), David Stoshick, Executor; Michael J.
Kizis, Esquire, 61 N. Washington
St., Wilkes-Barre, PA 18701
ESTATE OF ERMA A. MUSTO, late of
Wilkes-Barre (died January 8,
2014), Mary Lou Webb, Administratrix; Donald T. Rogers, Esquire
and Michael D. Rogers, Esquire,
63 West River St., Wilkes-Barre,
PA 18702
ESTATE OF THOMAS B. VELGUS,
late of Plymouth (died April 1,
2014), Josita Warman, Executrix;
Marsha Ann Basco, Esquire, 792
Market St., Kingston, PA 18704
ESTATE OF DOROTHY MARTHA
NOYLE, late of Forty Fort (died
November 12, 2003), Judith A.
Lane, Administratrix; Bruce J.
Phillips, Esquire, Caverly, Shea,
Phillips & Rodgers, LLC, 15 Public
Sq., Suite 210, Wilkes-Barre, PA
18701
ESTATE OF LYNN WARGO, late of
Glen Lyon (died September 22,
2014), Michael J. Wargo, Administrator; Caelie McCormick Sweigart, Esquire, One South Main St.,
3rd Floor, Wilkes-Barre, PA 18701
ESTATE OF FELIX P. WAWER, late
of Swoyersville (died July 30,
2014), Felix J. Wawer, Administrator; Kevin M. Walsh, Esquire,
297-299 Pierce St., Kingston, PA
18704
ESTATE OF FREDERICK E. PETERS
a/k/a Fred Peters, late of Conyngham (died August 30, 2014),
Louise Ann LeVitre of Raymond,
ME and Jeffrey A. Peters of Belt,
MT, Co-Executors; Conrad A.
Falvello, Esquire, The Falvello Law
Firm, P.C., 314 Main St., Suite A,
Sugarloaf, PA 18249
——————
NOTICE OF HEARING
———
To: Laura DeStefano
A Petition has been filed asking the Court to put an end to all
rights you have to your child,
J.R.S. The Court has set a hear-
ESTATE OF THERESA REGULLA,
late of Wyoming (died August 2,
2014), Joan Tuttle, Administra34
THE LUZERNE LEGAL REGISTER
ing to consider ending your rights
to your child. That hearing will
be held in the Orphans’ Courtroom, Luzerne County Courthouse, Judge Bernard C. Brominski Building, 113 West North
Street, Wilkes-Barre, Pennsylvania 18711 on November 26, 2014
at 11:30 a.m.
Your presence is required at
the hearing. You have a right to
be represented at the hearing by
a lawyer. You should take this
paper to your lawyer at once. If
you do not have a lawyer or cannot afford one, go to or telephone
the office set forth below to find
out where you can get legal help.
North Penn Legal Services, Inc.
33 North Main St.
Suite 200
Pittston, PA 18640
(570) 299-4100
(877) 953-4250 Toll Free
(570) 824-0001 Fax
or
101 West Broad St.
Suite 513
Hazleton, PA 18201
(570) 455-9512
(877) 953-4250 Toll Free
(570) 455-3625 Fax
Oct. 10, 17, 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that the shareholders and directors of Interface, Inc., a Pennsylvania Corporation, with an office
at 75 Kiwanis Boulevard, P.O.
Box 0, West Hazleton, Pennsylvania, have approved a proposal
that the corporation voluntarily
dissolve and that the Board of
Directors is now engaged in
winding up and settling the affairs of the corporation under the
provisions of Section 1975 of the
Pennsylvania Business Corporation Law of 1988, as amended.
RICHARD J. MARUSAK,
ESQUIRE
USTYNOSKI AND
MARUSAK, LLC
101 West Broad Street
Suite 205
Hazleton, PA 18201
Oct. 24
——————
IN THE COURT OF COMMON
PLEAS OF LUZERNE COUNTY
CIVIL ACTION—EQUITY
———
9728 of 2014
———
KELLY MANNING
vs.
JESSICA McGOLDRICK
———
IN PARTITION
———
NOTICE
———
TO: JESSICA McGOLDRICK, 96
WEST CAREY ST., PLAINS, PA
18705
YOU HAVE BEEN SUED IN
COURT. If you wish to defend
against the claims set forth in the
following pages, you must take
action within twenty (20) days
after this Complaint and Notice
are served by entering a written
appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth
against you. You are warned that
if you fail to do so the case may
proceed without you and a judgment may be entered against you
by the Court without further
notice for any money claimed in
the Complaint or for any other
claim or relief requested by the
Plaintiff. You may lose money or
35
THE LUZERNE LEGAL REGISTER
property or other rights important to you.
YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP. THIS
OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE
OR NO FEE.
AVISO
A USTED SE LE HA DEMANDADO EN LA CORTE. Si usted
quiere defenderse contra la demanda expuesta en las siguientes páginas, tiene que tomar
acción en un plazo de veinte (20)
días después que reciba esta
demanda y aviso, por presentar
una notificacíon de comparecencia escrita personalmente o por
abogado y radicar por escrito en
la Corte sus defensas u objeciones a las demandas presentadas
en su contra. Se le advierte que
si falla en hacerlo, el caso podría
seguir adelante sin usted y un
fallo podría ser dictado en su
contra por la Corte sin previo
aviso por cualquier dinero reclamado en la demanda o por cualquier otro reclamo o desagravio
pedido por el/la demandante.
Puede que usted pierda dinero o
propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE
DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI NO
TIENE ABOGADO, DIRÍJASE O
LLAME POR TELÉFONO A LA
OFICINA CUYA DIRECCIÓN SE
ENCUENTRA ABAJO. ESTA OFICINA PUEDE PROVEERLE CON
INFORMACIÓN SOBRE COMO
CONTRATAR UN ABOGADO. SI
NO TIENE LOS FONDOS SUFICIENTES PARA CONTRATAR UN
ABOGADO, ESTA OFICINA PODRÍA PROPORCIONARLE INFORMACIÓN ACERCA DE
AGENCIAS QUE PUEDAN OFRECERLES SERVICIOS LEGALES A PERSONAS QUE REÚNAN
LOS REQEQUISITOS A UN HONRARIO REDUCIDO O GRATIS.
North Penn Legal Services, Inc.
33 N. Main Street
Suite 200
Pittston, PA 18640
(570) 299-4100
(877) 953-4250 Toll Free
(570) 824-0001 Fax
or
101 West Broad Street
Suite 513
Hazleton, PA 18201
(570) 455-9512
(877) 953-4250 Toll Free
(570) 455-3625 Fax
Servicios Legales de
North Penn, Inc.
33 La Calle Main del Norte
Oficina 200
Pittston, PA 18640
(570) 299-4100
(877) 953-4250
Llamada gratuita
(570) 824-0001 Fax
101 la Calle Broad del Oeste
Oficina 513
Hazleton, PA 18201
(570) 455-9512
(877) 953-4250
Llamada gratuita
(570) 455-3625 Fax
Oct. 10, 17, 24
36
THE LUZERNE LEGAL REGISTER
NOTICE
———
TO: ERIC KRISOVITCH
A petition has been filed asking the Court to put an end to all
rights you have to your child S.D.
born on February 13, 2009, biological child of Jessica Douglas.
The Court has set a hearing to
consider ending your rights to
your children. That hearing will
be held on November 10, 2014 at
3:00 P.M. at the Lackawanna
County Family Court Center,
Second Floor, 200 Adams Avenue, Scranton, PA 18503. If you
do not appear at this hearing, the
Court may decide that you are
not interested in retaining your
rights to your child and your
failure to appear may affect the
Court’s decision on whether to
end your rights to your child. You
are warned that even if you fail
to appear at the scheduled hearing, the hearing will go on without you and your rights to your
children may be ended by the
Court without your being present. You have a right to be represented at the hearing by a
lawyer.
YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Northern Pennsylvania
Legal Services, Inc.
33 North Main St.
Suite 200
Pittston, PA 18640
(570) 299-4100
1-877-953-4250
Oct. 17, 24, 31
NOTICE OF HEARING
———
TO: Fred Gettis
RE: Adoption of S.G. and E.G.,
Luzerne County Court of Common Pleas
A petition has been filed asking the Court to put an end to all
rights you have to your children,
S.G. and E.G. The Court has set
a hearing to consider ending your
rights to your children and
changing the goal to adoption.
That hearing will be held as set
forth below:
PLACE: Luzerne County
Courthouse, Brominski Building,
3rd Floor, 113 W. North Street,
Wilkes-Barre, PA
DATE: November 25, 2014
TIME: 2:30 p.m.
You are warned that even if
you fail to appear at the scheduled hearing the hearing will go
on without you and your rights
to your children may be ended by
the Court without you being
present. You have a right to be
represented at the hearing by a
lawyer. You should take this
paper to your lawyer at once. If
you do not have a lawyer or cannot afford one, go to or phone one
of the offices set forth below to
find out where you can get legal
help.
Legal Services of Northeastern PA
33 North Main St.
Suite 200
Pittston, PA 18640
(570) 299-4100
Luzerne County
Public Defender’s Office
Luzerne County Courthouse
Wilkes-Barre, PA 18711
(570) 825-1754
37
THE LUZERNE LEGAL REGISTER
ANTHONY LUMBIS, ESQUIRE
Luzerne County Children
and Youth Services
111 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701
PHONE: (570) 826-8710
Oct. 17, 24, 31
——————
NOTICE OF CIVIL ACTION
COMPLAINT IN MORTGAGE
FORECLOSURE
———
IN THE COURT OF COMMON
PLEAS OF LUZERNE COUNTY,
PENNSYLVANIA
———
No. 3910-2013
———
EAGLE ROCK
RESORT CO., L.L.C.
Plaintiff
vs.
IMELDA B. PAULINES
Defendant
———
To: IMELDA B. PAULINES
You are hereby notified that
on April 1, 2013, Eagle Rock
Resort Co., L.L.C., filed a Complaint in Mortgage Foreclosure
against the above Defendant at
the above number.
Property subject to Mortgage
Foreclosure: Lot 330 of the MVII
Subdivision located at Eagle
Rock Resort, Hazle Township,
County of Luzerne, Pennsylvania
18202.
NOTICE
You have been sued in court.
If you wish to defend against the
claims set forth in the following
pages, you must take action
within twenty (20) days after this
Complaint and Notice are served,
by entering a written appearance
personally or by attorney and
filing in writing with the court
your defenses or objections to the
claims set forth against you. You
are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered against you by the court
without further notice for any
money claimed in the Complaint
or for any other claim or relief
requested by the Plaintiff. You
may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
PA Bar Association
Lawyer Referral Service
100 South Street
P.O. Box 186
Harrisburg, PA 17108-0186
(800) 692-7375
LORINE ANGELO OGURKIS,
ESQUIRE
Pa. I.D. #91337
Attorney for Plaintiff
Eagle Rock Resort
1031 Valley of Lakes
Hazleton, PA 18201
(570) 384-1377
Oct. 24
——————
NOTICE OF CIVIL ACTION
COMPLAINT IN MORTGAGE
FORECLOSURE
———
IN THE COURT OF COMMON
PLEAS OF LUZERNE COUNTY,
PENNSYLVANIA
———
No. 2014-305
38
THE LUZERNE LEGAL REGISTER
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
PA Bar Association
Lawyer Referral Service
100 South Street
P.O. Box 186
Harrisburg, PA 17108-0186
(800) 692-7375
LORINE ANGELO OGURKIS,
ESQUIRE
Pa. I.D. #91337
Attorney for Plaintiff
Eagle Rock Resort
1031 Valley of Lakes
Hazleton, PA 18201
(570) 384-1377
Oct. 24
——————
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
———
IN THE COURT OF COMMON
PLEAS, LUZERNE COUNTY
CIVIL ACTION—LAW
———
No. 2014-09314
———
Nationstar Mortgage,
LLC d/b/a Champion
Mortgage Company,
Plaintiff
vs.
The Unknown Heirs of Robert
Salitis, Deceased, Karen
Salitis Solely in Her Capacity
as Heir of Robert Salitis
Deceased & Carl Salitis Solely
in His Capacity as Heir of
Robert Salitis Deceased,
Mortgagor and Real Owner,
Defendants
———
To: The Unknown Heirs of Robert
Salitis, Deceased, Defendant(s),
whose last known address is
148 Dickson Street, Duryea,
PA 18642
EAGLE ROCK
RESORT CO., L.L.C.
Plaintiff
vs.
RICHARD P. DiMUCCI
Defendant
———
To: RICHARD P. DiMUCCI
You are hereby notified that
on January 18, 2014, Eagle Rock
Resort Co., L.L.C., filed a Complaint in Mortgage Foreclosure
against the above Defendant at
the above number.
Property subject to Mortgage
Foreclosure: Lot 285 of the TT
Subdivision located at Eagle
Rock Resort, Hazle Township,
County of Luzerne, Pennsylvania
18202.
NOTICE
You have been sued in court.
If you wish to defend against the
claims set forth in the following
pages, you must take action
within twenty (20) days after this
Complaint and Notice are served,
by entering a written appearance
personally or by attorney and
filing in writing with the court
your defenses or objections to the
claims set forth against you. You
are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered against you by the court
without further notice for any
money claimed in the Complaint
or for any other claim or relief
requested by the Plaintiff. You
may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE
39
THE LUZERNE LEGAL REGISTER
This firm is a debt collector
and we are attempting to collect
a debt owed to our client. Any
information obtained from you
will be used for the purpose of
collecting the debt. You are
hereby notified that Plaintiff Nationstar Mortgage, LLC d/b/a
Champion Mortgage Company,
has filed a Mortgage Foreclosure
Complaint endorsed with a notice
to defend against you in the
Court of Common Pleas of Luzerne County, Pennsylvania,
docketed to No. 2014-09314,
wherein Plaintiff seeks to foreclose on the mortgage secured on
your property located, 148 Dickson Street, Duryea, PA 18642,
whereupon your property will be
sold by the Sheriff of Luzerne
County.
NOTICE
You have been sued in court.
If you wish to defend against the
claims set forth in the following
pages, you must take action
within twenty (20) days after the
Complaint and notice are served,
by entering a written appearance
personally or by attorney and
filing in writing with the court
your defenses or objections to the
claims set forth against you. You
are warned that if you fail to do
so the case may proceed without
you and a judgment may be entered against you by the Court
without further notice for any
money claimed in the Complaint
or for any other claim or relief
requested by the Plaintiff. You
may lose money or property or
other rights important to you.
You should take this paper to
your lawyer at once. If you do not
have a lawyer or cannot afford
one, go to or telephone the office
set forth below. This office can
provide you with information
about hiring a lawyer. If you cannot afford to hire a lawyer, this
office may be able to provide you
with information about agencies
that may offer legal services to
eligible persons at a reduced fee
or no fee.
North Penn Legal Services, Inc.
33 North Main St.
Suite 200
Pittston, PA 18640
(570) 299-4100
Wilkes-Barre Law Library Assoc.
(570) 822-6712
ALYK OFLAZIAN, ESQUIRE
KML LAW GROUP, P.C.
Attys. for Plaintiff
Mellon Independence
Center
701 Market St.
Ste. 5000
Philadelphia, PA
19106-1532
(215) 627-1322
Oct. 24
——————
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
———
LUZERNE COUNTY COURT OF
COMMON PLEAS
———
Number: 2014-9757
———
Federal National Mortgage
Association (FNMA),
Plaintiff
v.
Jon L. Dumitrasku, Known
Surviving Heir of Maria
Dumitrasku, Deceased
Mortgagor and Real Owner,
Dragan Dumitrasku, Known
Surviving Heir of Maria
Dumitrasku, Deceased
40
THE LUZERNE LEGAL REGISTER
Mortgagor and Real Owner,
Gloria M. Dumitrasku, Known
Surviving Heir of Maria
Dumitrasku, Deceased
Mortgagor and Real Owner,
Unknown Surviving Heirs of
Maria Dumitrasku, Deceased
Mortgagor and Real Owner,
Defendants
———
TO: Unknown Surviving Heirs of
Maria Dumitrasku, Deceased
Mortgagor and Real Owner
Premises subject to foreclosure: 929 West 1st Street, Hazleton, Pennsylvania 18201.
NOTICE
If you wish to defend, you
must enter a written appearance
personally or by attorney and file
your defenses or objections in
writing with the court. You are
warned that if you fail to do so
the case may proceed without
you and a judgment may be entered against you without further
notice for the relief requested by
the Plaintiff. You may lose money
or property or other rights important to you. You should take this
notice to your lawyer at once. If
you do not have a lawyer, go to
or telephone the office set forth
below. This office can provide you
with information about hiring a
lawyer. If you cannot afford to
hire a lawyer, this office may be
able to provide you with information about agencies that may
offer legal services to eligible
persons at a reduced fee or no
fee.
Legal Services of
Northeastern PA, Inc.
33 North Main St.
Suite 200
Pittston, PA 18640
(570) 299-4100
McCABE, WEISBERG
& CONWAY, P.C.
Attorneys for Plaintiff
123 S. Broad St.
Ste. 1400
Philadelphia, PA 19109
(215) 790-1010
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that:
H W POWERHOUSE, INC.
has been incorporated under the
Pennsylvania Business Corporations Law of 1988.
HARRY W. SKENE, ESQUIRE
A PRACTICAL ATTORNEY, P.C.
900 Rutter Ave.
Forty Fort, PA 18704
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that Valerie A. Evans filed an
Application for Registration of
Fictitious Name with the Pennsylvania Department of State on
September 29, 2014 for:
GRANDVIEW EVALUATION
with its principal place of business at: 315 Spring Street, West
Pittston, PA 18643. Said application was filed in accordance with
the Fictitious Name Act, Act
1982-295 (54 Pa. C.S. Sec. 301
et seq.).
HARRY W. SKENE, ESQUIRE
A PRACTICAL ATTORNEY, P.C.
900 Rutter Ave.
Forty Fort, PA 18704
Oct. 24
——————
NOTICE
———
NOTICE IS GIVEN that Certificate of Organization was filed
41
THE LUZERNE LEGAL REGISTER
with the Department of State on
or about October 14, 2014, establishing:
VAPE 315, LLC
as a registered Domestic Limited
Liability Company in the Commonwealth of Pennsylvania, with
a principal address of: 320 Hwy.
315, Pittston, PA.
RAYMOND A. HASSEY,
ESQUIRE
304 Wilkes-Barre
Twp. Blvd.
Wilkes-Barre, PA 18702
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that Articles of Incorporation
have been filed with and approved by the Department of
State of the Commonwealth of
Pennsylvania, Harrisburg, PA on
September 19, 2014, and a Certificate of Incorporation issued
to:
GARDEN GATES
SERVICES, INC.
The purpose of the corporation is: to have unlimited power
to engage in and do any lawful
act concerning any or all lawful
business for which corporations
may be incorporated under the
Pennsylvania Business Corporation Law of 1988, as amended.
JOSEPH G. ALBERT,
ESQUIRE
ALBERT & KAMAGE
458 Wyoming Avenue
Kingston, PA 18704
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that Articles of Incorporation
were approved by the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, Pennsylvania, on September 15, 2014 for the purpose
of incorporating a non-profit
corporation under the NonProfit Law of 1988 of the Commonwealth of Pennsylvania, as
amended.
The name of the corporation
is:
LOVE YOURSELF A LOT, INC.
The purpose of this nonprofit corporation is: to provide
information, education and support to young people struggling
with issues of bullying, addiction,
depression and self injury and to
incorporate the power of music
to inspire young people all over
the world to stay true to who they
are and to be kind, caring and
compassionate citizens of the
world; and to engage in and do
any lawful act concerning any
and all lawful business for which
a corporation may be incorporated under the Pennsylvania
Non-Profit Corporation Law of
1988, as amended. No part of the
net earnings of the Corporation
shall inure to the benefit of any
member.
JOSEPH G. ALBERT,
ESQUIRE
ALBERT & KAMAGE
458 Wyoming Avenue
Kingston, PA 18704
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that:
PRECISE
COMPOUNDING, INC.
42
THE LUZERNE LEGAL REGISTER
KAHLAU PROPERTIES, LLC
was filed with the Department of
State, Commonwealth of Pennsylvania, on September 19, 2014.
The Corporation has been incorporated under the provisions of
the Limited Liability Company
Act of 1994.
JONATHAN A. SPOHRER,
ESQUIRE
279 Pierce Street
Kingston, PA 18704
Oct. 24
has been incorporated under the
provisions of the Pennsylvania
Business Corporation Law of
1988.
Rosenn, Jenkins & Greenwald,
L.L.P.
15 South Franklin Street
Wilkes-Barre, PA 18711-0075
Oct. 24
——————
NOTICE
———
NOTICE IS HEREBY GIVEN
that a Certificate of Organization
for:
43
D
E
L
I
V
E
R
TO:
PERIODICAL PUBLICATION
* Dated Material. Do Not Delay. Please Deliver Before Monday, October 27, 2014