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PUBLISHED WEEKLY by the Wilkes-Barre Law and Library Association the Wilkes-Barre Law and Library Association Joseph P Established 1872 (Cite(Cite Vol.Vol. 102106 Luz.Luz. Reg.Reg. Reports)Reports) VOL. 106102 Wilkes-Barre,Wilkes-Barre, PA, PA, Friday, Friday, February April 29, 17, 2016 2012 NO.NO. 187 COMMONWEALTH v.v. GUZMANDURANT/HERB .................................................. ......................................271 POSTMASTER: SendSend addressaddress changeschanges to to THE THE LUZERNE LUZERNE LEGAL LEGAL REGISTER, REGISTER, RoomRoom 23,23, CourtCourt House,House, Wilkes-Barre,Wilkes-Barre, PA PA 18711-1001 18711-1001 PeriodicalPeriodical postagepostage paidpaid atat Wilkes-Barre,Wilkes-Barre, PA PA and and additional additional office. office. Price $40.$75. Per YearYear SingleSingle CopiesCopies $1.00 $2.00 Advertising MustMust BeBe ReceivedReceived ByBy 1212 O’ClockO’Clock Noon, Noon, Tuesday Tuesday In In The The Week Week of of Publication Publication (USPS 322-840) (USPS 322-840) PUBLISHED WEEKLY BY PUBLISHED WEEKLY BY The Wilkes-Barre Law and Library Association The Wilkes-Barre Law and Library Association 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.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. ADR Mediation & Arbitration Thomas B. Helbig, Esq. ● 90+% Mediation Settlement Rate ● Mediation Master for Lackawanna County Mediation Program - mediated over 300 cases the last 4 years ● Conducted hundreds of PI, UM/UIM, bad faith, professional liability, commercial/business dispute, and contract Mediations and Arbitrations ● Certified Federal Court Mediator - MD of PA ● 34 years experience representing Plaintiffs and Defendants in State and Federal Courts Experience | Fairness | Results Mediation & Arbitration 305 Linden Street, Scranton, PA 18503 Phone 570.558.1430 | Fax 570.558.1432 | [email protected] Helbigmediation.com 3 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 • Presented at various educational programs for judges and the bar Two ways to submit your case: • Appointed by the Supreme Call: (800) 364-6098 Court to the Judicial Council of (215) 564-1775 Pennsylvania Visit our website: adroptions.com • Honorary Doctor of Laws degree – Lafayette College, 2002 Graduated from Lafayette College with honors – 1966 Received Juris Doctor – Columbia 2001 Market Street, Suite 1100 University School of Law, 1969 Two Commerce Square Philadelphia, PA 19103-7044 4 5 LAW FIRM SEEKING TRIAL ATTORNEY Established Luzerne County Personal Injury Law Firm seeks a trial attorney with a minimum of two years of Plain- tiff ’s personal injury experience. Candidate must know their way around a courtroom, have good research and writing skills and have client sat- isfaction as a priority. Full benefits package. The successful candidate will be responsible for deposi- tions, trials and negotiated settlements. All inquiries are held in STRICT CONFIDENCE. Send resume and writing sample to: [email protected]. Apr. 15, 22, 29 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. 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 1460 Wyoming Avenue, Forty Fort, PA 18704 (570) 343-1827 6 BAR NEWS TRID—A 3-Substantive Credit CLE Program will be held by the Grabas Institute for Continuing Education (PA CLE No. 9821) on Friday, May 6, 2016, starting with registration check-in at 8:30 a.m., at the Genetti Confer- ence Center in Wilkes-Barre. The subject of the CLE is TRID (Title-Redefined- Insurance-Diplomat). Speakers are Philip S. Janny, CLTP, NTP and Joseph A. Grabas, CTP, NTP. Cost is $95.00. The Grabas Institute is an approved PA Supreme Court CLE Board provider. To register online visit: www.ContinuingEducationNJ.com. Questions, call (732) 261-1013. Apr. 22, 29 —————— OFFICE SPACE FOR RENT Professional office space for rent located on Church Street, Hazle Township, PA—Multiple offices available, call (570) 455-6800. Rent includes parking, shared use of conference room, kitchen and limited fax-copier use. Apr. 15, 22, 29; May 6 7 VOLUNTEERS NEEDED FOR ANNUAL LAW DAY SCHOOL VISITS Sunday, May 1, 2016 is nationally recognized as “Law Day” and the YLD is currently seeking attorneys and judges to volunteer to visit our local schools to commemo- rate this event. We will be speaking at area schools between May 2nd and May 13th. Law Day has been a tradition since 1958 when President Dwight D. Eisenhower proclaimed that it would strength- en our heritage of liberty, justice, and equality under the law. Law Day volunteers are free to speak about their area of legal expertise, or the suggested theme this year for Law Day, as designated by the PBA, is “Miranda: More Than Words.” More information about this theme, including free lesson plans, can be found on their website at: https://www.pabar.org/public/education/lawday/ lawdayinformation.asp. Please contact YLD Law Day Coordinator Theron Solomon at [email protected] to volunteer for this important and rewarding expe- rience. Apr. 15, 22, 29; May 6 —————— MAY MEETING OF THE YOUNG LAWYERS’ DIVISION The next meeting of the YLD will be held at 6:00 p.m. on Wednesday, May 11th at the Conyngham Brewing Company on 309 S. Main Street in Conyngham. Drinks and appetizers will be provided. New members are wel- come to attend. Please RSVP by May 9th to YLD President Diana Collins at [email protected]. Apr. 22, 29; May 6 8 For This Year's Law Day, May 1, 2016 The Wilkes‐Barre Law & Library Association is proud to recognize the following: 5‐Year Members: Sarah L. Borland, Esq. Jami T. Brown, Esq. William P. Cech, Esq. Mary V. Deady, Esq. Colleen Horn Doyle, Esq. Patrick J. Doyle, Jr., Esq. Lawrence J. Kansky, Esq. Jeffrey C. Kulick, Esq. John F. Kulick, Esq. Stephen M. Lentz, Esq. Joseph Shields, Esq. Harry W. Skene, Esq. Michael A. Sklarosky, Esq. Apr. 8, 15, 22, 29 9 The Wilkes‐Barre Law & Library Association is proud to recognize the following Members Celebrating: 25 Years of Membership: Elizabeth J. Bartolai, Esq. Gino Bartolai, Esq. Lori A. Bowen, Esq. Ingrid Cronin, Esq. James P. DeAngelo, Esq. John A. Donovan, Jr., Esq. Hon. Tina P. Gartley Fred T. Howe, Esq. Neil F. MacDonald, Esq. Girard J. Mecadon, Esq. Joseph P. Novak, Esq. Michael A. Pendolphi, Esq. Lewis A. Sebia, Esq. James T. Shoemaker, Esq. Angelo C. Terrana, Esq. Joseph C. Zola, Esq. Apr. 8, 15, 22, 29 10 The Wilkes-Barre Law & Library Association Law Day Sabbath Saturday – May 7, 2016 At Temple Israel ‐ INVITATION ‐ 11 Invitation To W‐BLLA Members of All Faiths, The Law Day Sabbath Committee, Chaired by Johanna L. Gelb, Esq. and Barry H. Dyller, Esq., Of the Religious Outreach Committee Of the Wilkes‐Barre Law & Library Association, Is Sponsoring the Annual Law Day Sabbath To be held at Temple Israel Located at 236 South River Street Wilkes‐Barre, PA 18702 Services are from 9:30 A.M. to Approx. 11:45 A.M. 12 The Featured Pulpit Speaker will be the Hon. Christine Donohue Of the Supreme Court of Pennsylvania. Services will be followed by A catered Social Hour. Email Gail at [email protected] or call her at the Law Library at ( 570) 822‐6712. You may also Register online at LuzerneCountyBar.com. 13 Hon. Christine Donohue 14 Justice Christine Donohue’s service on the Supreme Court of Pennsylvania, commenced in January 2016. Prior to her service as a Supreme Court Justice, Justice Donohue served on the Superior Court of Pennsylvania for eight years, commencing in January 2008. As a lawyer, Justice Donohue was a civil trial lawyer and litigator for 27 years. She was a shareholder in the law firm, Buchanan Ingersoll & Rooney, P.C. and was the practice manager of the commercial litigation department in its predecessor firm, Klett Rooney Lieber & Schorling, P.C. She earned her Juris Doctor degree at the Duquesne University School of Law where she served on the Duquesne Law Review. While in practice, she held the AV rating from Martindale‐Hubbell, she was listed in Best Lawyers in America, Pennsylvania Super Lawyers and the Top 50 Attorneys in Pittsburgh. She is an elected Fellow of the American College of Trial Lawyers, International Academy of Trial Lawyers, Academy of Trial Lawyers of Allegheny County and the American Board of Trial Advocates. She is a past president of the Western Pennsylvania Trial Lawyers Association. Justice Donohue is a member of the American, Pennsylvania and Allegheny County Bar Associations.
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