vol. lx easton, pa october 11, 2018 no. 41 commonwealth of ... · attorney referral &...

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(USPS 395-280)VOL. LX EASTON, PA October 11, 2018 NO. 41

CONTENTS

INSERT: Pink: 1. “PA Inheritance Tax—Counsel Your Client to Pay as Little as Possible” 2. 2018 Calendar 3. 2018 Holiday Hope Chests Project 4. Legally Bound NCBA Book Club

Cream: 1. “Winding Down Your Practice” 2. Bridge the Gap Program 3. Quarterly Association Meeting 4. Fourth Annual Donut Day!

NOTICE TO THE BAR...Quarterly Association MeetingNovember 8, 2018 – Best Western, BethlehemRegistration form inside.

Audit—Orphans’ Court . . . . . . . . . . . . . . . . . . . . 8Bar News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Estate and Trust Notices . . . . . . . . . . . . . . . . . . 4Fictitious Name Registration Notice . . . . . . . . . 8Firm Announcement . . . . . . . . . . . . . . . . . . . . . 11

Jacqueline K. Holmes Honored by Lehigh Valley's Finest . . . . . . . . . . . . . . . . . . 12

Legal Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Limited Liability Company Notices . . . . . . . . . . 8The Law Offices of Elissa Griffith Waldron

have moved . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Commonwealth of Pennsylvania v. Ramon Rivera, Defendant

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Northampton County ReporterAttorney Referral & Information Service

155 South Ninth Street, P.O. Box 4733Easton, PA 18042

Phone (610) 258-6333 Fax (610) 258-8715E-mail: [email protected]

PBA (800) 932-0311—PBI (800) 932-4637

NORTHAMPTON COUNTY BAR ASSOCIATION2018 BAR ASSOCIATION OFFICERS

Daniel O’Donnell . . . . . . . . . . . . . . . . . . . . . . PresidentLisa Spitale . . . . . . . . . . . . . . . . . . . . . . President-ElectRobert Eyer . . . . . . . . . . . . . . . . . . . . . . Vice PresidentMaura Zajac McGuire . . . . . . . . . . . . . . . . . . TreasurerPaul J. Harak . . . . . . . . . . . . . . . . . . . . . . . . . SecretaryMichael Shay . . . . . . . . . . . . . . . . . . . . . Past President

BOARD OF GOVERNORSDavid M. Backenstoe

Jeremy F. ClarkJacqueline K. Holmes

Rebecca KulikSteven B. Molder

Michael A. Santanasto Scott M. Wilhelm

ZONE II DELEGATESMichael C. Deschler Jonathan M. Huerta Richard P. Kovacs

Joel M. Scheer Michael P. Shay

BAR ASSOCIATION STAFFMary Beth Leeson . . . . . . . . . . . . . .Executive DirectorPatti A. Gober . . . . . . . . . . . . . . . . . . . . . . . .AccountingHeather Rizzotto-Stefanik . . . . . . . . . . . . Legal JournalChristen T. Borso . . . . . . . . . . . . . . . .Attorney ReferralDeborah J. Flanagan . . . . . . . . . . . . . .Attorney Referral

The Northampton County Reporter will be published every Thursday by the Northampton County Bar Association, 155 South Ninth St., Easton, PA 18042-4399. All legal notices relating to the business of the county, are required by rule of Court, to be published in this Journal. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Reporter nor the printer will assume any responsibility to edit, make spelling corrections, eliminate errors in grammar or make any changes to content.

Subscription Price—$75.00 per year.Periodical Postage Paid at Easton, PA and additional office.Postmaster: Send all communications and address changes to:

NORTHAMPTON COUNTY REPORTER155 South Ninth St., Easton, PA 18042-4399

Telephone (610) 258-6333 FAX (610) 258-8715Ralph J. Bellafatto, Esquire

Editor

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“ If you fear making anyone mad, then you ultimately probe for the lowest common denominator of human achievement.”~ Jimmy Carter

NOTICE TO NCBA MEMBERS – BAR NEWS

Annual Memorial Service – Tuesday, November 6, 2018Honorable Craig Dally presiding – Courtroom #1.

Save the DatesDonut Day – Friday, November 2, 2018.

Courthouse Library Copy Machine CardsCopy machine cards are still available at the NCBA Office. If you make

any copies on the copy machine in the Law Library you may want to consider purchasing copy cards. The cards sell for $10.00. If you use the cards, copies are 15 cents rather than the usual 25 cents.

NORTHAMPTON COUNTY REPORTER Vol. 60 No. 41 10/11/2018

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ESTATE AND TRUST NOTICESNotice is hereby given that, in the

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

FIRST PUBLICATIONDAMIANI, PAUL D., dec’d.

Late of Nazareth Borough, Northampton County, PAAdministratrix: Paula Kelber c/o Timothy B. Fisher, Esquire, 68 Moor Drive, Easton, PA 18045Attorney: Timothy B. Fisher, Esquire, 68 Moor Drive, Easton, PA 18045

FREER, RUTH A., dec’d.Late of Nazareth, Northampton County, PAExecutor: Greg A. FreerAttorney: Thomas J. Jones, Jr., Esquire, 410 Spruce Street, Suite 301, Scranton, PA 18503

HOMME, SHIRLEY M., dec’d.Late of the Township of Moore, Northampton County, PAExecutor: Franklin Lewis Homme c/o Stanley M. Vasiliadis, Esquire, Vasiliadis Pappas Associates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

Attorneys: Stanley M. Vasiliadis, Esquire, Vasiliadis Pappas Asso-ciates, LLC, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

HUMPHRY, PRISCILLA EATON, dec’d.Late of the City of Bethlehem, Northampton County, PACo-Executrices: Susan Zolnier and Elizabeth Gost c/o Goudsouzian & Associates, 2940 William Penn Highway, Easton, PA 18045-5227Attorneys: Goudsouzian & Asso-ciates, 2940 William Penn Highway, Easton, PA 18045-5227

KRIPPL, EDWIN J., dec’d.Late of 1 Kirkland Village Circle, Bethlehem, Northampton County, PAAdministratrix: Deborah Jean DeNardo, Esquire, 1809 Wash-ington Blvd., Easton, PA 18042-4634Attorney: Deborah Jean DeNardo, Esquire, 1809 Wash-ington Blvd., Easton, PA 18042-4634

SMITH, ESTHER R., dec’d.Late of Plainfield Township, Northampton County, PAExecutrices: Marlene R. Tocket and Judith S. Raines c/o Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045Attorney: Ralph J. Bellafatto, Esquire, 4480 William Penn Highway, Easton, PA 18045

TAKACS, RUTH M., dec’d.Late of the City of Bethlehem, Northampton County, PAExecutrix: Elizabeth H. Applegate c/o George K. Keenan, Esquire,


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Goodman Schwartz & Shaw LLC, 514 Fullerton Avenue, Suite 2, Whitehall, PA 18052Attorneys: David B. Schwartz, Esquire, Goodman Schwartz & Shaw LLC, 514 Fullerton Avenue, Suite 2, Whitehall, PA 18052

FRABLE, VERA F., dec’d.Late of the Township of Plain-field, Northampton County, PACo-Executors: Eileen Gold and Scott Beahm c/o David B. Schwartz, Esquire, 514 Fullerton Avenue, Suite 2, Whitehall, PA 18052Attorney: David B. Schwartz, Esquire, 514 Fullerton Avenue, Suite 2, Whitehall, PA 18052

LABARRE, SHIRLEY L., dec’d.Late of the Township of Wash-ington, Northampton County, PAExecutrix: Jacquelyn Lea Brinker c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

MANOWAY, MARIE ANN, dec’d.Late of the Township of Plain-field, Northampton County, PAExecutrix: Janice Ann Villare c/o David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019Attorney: David J. Ceraul, Esquire, 22 Market Street, P.O. Box 19, Bangor, PA 18013-0019

McLAUGHLIN, ANDREW J., III, dec’d.Late of Lehigh Township, Walnutport, Northampton County, PAExecutor: Scott S. McLaughlin c/o Stephen A. Strack, Esquire,

512 North New Street , Bethlehem, PA 18018Attorney: George K. Keenan, Esquire, 512 North New Street, Bethlehem, PA 18018

ZIETTS, ELIZABETH A., dec’d.Late of Hanover Township, Northampton County, PAExecutrix: Mary Ann Weierbach c/o Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017At to rneys : T imo thy J . Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017

SECOND PUBLICATIONBENDL, ALFRED J., dec’d.

Late of the Township of Bethlehem, Northampton County, PAExecutor: Dale Grube, 3820 Spear Street, Bethlehem, PA 18020Attorneys: Peters, Moritz, Peischl, Zulick, Landes & Brienza, LLP, 1 South Main Street, Nazareth, PA 18064

BUGAY, STEFFIE MARY, dec’d.Late of Bethlehem Twp., Northampton County, PAExecutor: Paul J. Bugay c/o Donna J. Wengiel, Esquire, Stuckert & Yates, Two N. State St., Newtown, PA 18940Attorneys: Donna J. Wengiel, Esquire, Stuckert & Yates, Two N. State St., Newtown, PA 18940

DELUCIA, THEODORE EDWARD, dec’d.Late of the Borough of Northamp-ton, Northampton County, PAExecutrix: Jane Delucia Fisher c/o David B. Schwartz, Esquire,


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SZOKE, ANDREW J., dec’d.Late of the Borough of Bangor, Northampton County, PAExecutrix: Wanda Roberts, 228 Miller Street, Bangor, PA 18013Attorneys: Matthew J. Goodrich, Esquire, Karasek Law Offices, L.L.C., 641 Market Street, Bangor, PA 18013

VENEZIA, MICHAEL J., JR., dec’d.Late of the Borough of Nazareth, Northampton County, PAExecutrix: Christina Venezia Wood c/o George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020Attorneys: George M. Vasiliadis, Esquire, Vasiliadis & Associates, 2551 Baglyos Circle, Suite A-14, Bethlehem, PA 18020

THIRD PUBLICATIONBRAIDEN, ROBERT L., dec’d.

Late of Easton, Northampton County, PACo-Executors: Robert L. Braiden, David L. Kemp and Martin T. Curley c/o Steven B. Molder, Esquire, 904 Lehigh St., Easton, PA 18042Attorney: Steven B. Molder, Esquire, 904 Lehigh St., Easton, PA 18042

GROMAN, ELIZABETH E., dec’d.Late of the Township of Bethlehem, Northampton County, PAAdministrator c.t.a.: Ralph Marlin Engler c/o Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Alfred S. Pierce, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slat-ington, PA 18080Attorneys: Stephen A. Strack, Esquire, Steckel and Stopp LLC, 125 S. Walnut Street, Suite 210, Slatington, PA 18080

McNAMARA, CONSTANCE J., dec’d.Late of the Township of Lower Mount Bethel, Northampton County, PAExecutor: Timothy M. McNamara, 1079 Klausz Road, Bangor, PA 18013Attorneys: James L. Pfeiffer, Esquire, Pfeiffer & Bruno, P.C., P.O. Box 468, Easton, PA 18044-0468

MESSINGER, TOMMY JAMES, dec’d.Late of the Township of Plainfield, Northampton County, PAAdministrators: Carol L. Messinger and Melvin F. Messinger c/o Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018Attorneys: Robert V. Littner, Esquire, Littner, Deschler & Littner, 512 North New Street, Bethlehem, PA 18018

MOYER, CLARENCE LINDY a/k/a CLARANCE LINDY MOYER, dec’d.Late of Glendon, Northampton County, PAExecutrix: Shirley E. Weikel c/o Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219Attorneys: Fitzpatrick Lentz & Bubba, P.C., 4001 Schoolhouse Lane, P.O. Box 219, Center Valley, PA 18034-0219


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HAMILTON, EVELYN ANNA, dec’d.Late of the Township of Bethlehem, Northampton County, PAExecutrix: Laura L. Mercado c/o William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426

HEILMAN, PATRICIA A., dec’d.Late of the Township of Palmer, Northampton County, PAExecutor: Robert E. Heilman, Jr. c/o Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020Attorneys: Daniel E. Cohen, Attorney, Seidel, Cohen, Hof & Reid, L.L.C., 3101 Emrick Blvd., Suite 205, Bethlehem, PA 18020

HOLT, BETTY E., dec’d.Late of the Township of Hanover, Northampton County, PAExecutrices: Jill E. Rupp and Dyanne E. Holt c/o William P. Leeson, Esquire, 70 East Broad Street , P.O. Box 1426, Bethlehem, PA 18016-1426Attorney: William P. Leeson, Esquire, 70 East Broad Street, P.O. Box 1426, Bethlehem, PA 18016-1426

LORRAH, MARGARET S., dec’d.Late of the Borough of Heller-town, Northampton County, PAExecutor: Dean M. Lorrah, 2722 Keystone Street, Bethlehem, PA 18020Attorney: Paul J. Harak, Esquire, 1216 Linden Street, P.O. Box 1409, Bethlehem, PA 18016

McNALLY, NANCY L., dec’d.Late of the City of Easton, Northampton County, PAExecutrix: Cheryl A. Foust c/o Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042Attorney: Michael J. Vargo, Esquire, 680 Wolf Avenue, Easton, PA 18042

MILLER, ROSEANNE B., dec’d.Late of Bethlehem, Northampton County, PAExecutrix: Pauline Mary Nemchik a/k/a Pauline Nemchik c/o Vaughn A. Terrinoni, Esquire, 3976 Township Line Road, Bethlehem, PA 18020Attorney: Vaughn A. Terrinoni, Esquire, 3976 Township Line Road, Bethlehem, PA 18020

PARTON, NANCY JOY NELSON, dec’d.Late of Bethlehem, Northampton County, PAExecutrix: N. Joy Parton c/o Timothy J. Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017At to rneys : T imo thy J . Duckworth, Esquire, Mosebach, Funt, Dayton & Duckworth, P.C., 2045 Westgate Drive, Suite 404, Bethlehem, PA 18017

WARNER, CAROL L., dec’d.Late of the Township of Forks, Northampton County, PAExecutrix: Dawn M. Davis c/o Goudsouzian & Associates, 2940 William Penn Highway, Easton, PA 18045-5227Attorneys: Goudsouzian & Asso-ciates, 2940 William Penn Highway, Easton, PA 18045-5227


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WERKHEISER, STEVEN E., dec’d.Late of the Borough of Nazareth, Northampton County, PAAdministratrix: Debra Louise Thompson c/o Scott R. Steirer, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064Attorneys: Scott R. Steirer, Esquire, Pierce & Steirer, LLC, 124 Belvidere Street, Nazareth, PA 18064

FICTITIOUS NAME REGISTRATION NOTICE

An application for registration of the fictitious name:

DARE-T0BE-DIFFERENT7742 N. Delaware Drive, Bangor, PA 18013, has been filed in the Depart-ment of State at Harrisburg, PA, file date August 21, 2018 pursuant to the Fictitious Names Act, Act 1982-295. The name and address of the person who is a party to the registration are Gary E. Hulbert, 2860 Green Ct., Easton, PA 18040.

Oct. 11LIMITED LIABILITY COMPANY

NOTICESNOTICE IS HEREBY GIVEN that

on September 18, 2018, Certificate of Organization was filed in the Depart-ment of State of the Commonwealth of Pennsylvania for:

1223 W. BROAD, LLCin accordance with the provisions of the Limited Liability Act of 1994.

WENDY A. NICOLOSI, ESQUIREBROUGHAL & DeVITO, L.L.P.

38 West Market StreetBethlehem, PA 18018

Oct. 11NOTICE IS HEREBY GIVEN that

a Certificate of Organization for a Domestic Limited Liability Company has been filed with the Department

of State of the Commonwealth of Pennsylvania, at Harrisburg, Penn-sylvania, on or about September 10, 2018 for the purpose of creating a Limited Liability Company under the Limited Liability Company Law of 1994, P.L. 703, No. 106.

The name of the Limited Liability Company is:

ANTHONY L. RUGGIERO, LLCDavid J. Ceraul, Esquire

22 Market StreetBangor, PA 18013

Oct. 11NOTICE IS HEREBY GIVEN that

on September 28, 2018, Certificate of Organization was filed in the Department of State of the Com- monwealth of Pennsylvania for:

GLP, LLCin accordance with the provisions of the Limited Liability Act of 1994.

JAMES L. BROUGHAL, ESQUIREBROUGHAL & DeVITO, L.L.P.

38 West Market StreetBethlehem, PA 18018

Oct. 11IN THE NORTHAMPTON COUNTY

COURT OF COMMON PLEAS ORPHANS’ COURT DIVISIONThe following Executors, Admin-

istrators, Guardians & Trustees have filed Accounts in the Office of the Orphans’ Court:

ESTATE; AccountantCHARLES CHRIN, PRINCIPAL;

Gregory R. Chrin, Agent Under Power of Attorney dated May 16, 2005

BARK LEE YEE AND STELLA C. YEE TRUST U/A DATED JUNE 29, 1988 f/b/o GRANDCHILDREN ACCOUNTING FOR THE PERIOD: 11/16/2007 TO 03/31/2011; Dolores A. Laputka, Successor Trustee

AMENDED BARK LEE YEE AND STELLA C. YEE TRUST U/A DATED


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JUNE 29, 1988 f/b/o GRANDCHIL-DREN ACCOUNTING FOR THE PERIOD: 02/03/2011 TO 03/ 31/2018; Dolores A. Laputka, Successor Trustee

AUDIT NOTICEAll parties interested are notified

that an audit list will be made up of all Accounts and the said list will be called for audit at the Northampton County Government Center, Easton, PA on: FRIDAY, OCTOBER 26, 2018 AT 9:00 A.M. IN COURTROOM #1.

Gina X. GibbsClerk of Orphans’ Court

Oct. 11, 18NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on October 3, 2018, the Petition of Jessica Diaz was filed in Northamp-ton County Court of Common Pleas at No. C-48CV2018-9187, seeking to change the name of Jessica Diaz to Jessy Diaz. The Court has fixed November 20, 2018 at 9:00 a.m. in Courtroom 4 at the Northampton County Courthouse as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and show cause, if any they have, why the prayer of the Petitioner should not be granted.

Oct. 11NOTICE FOR CHANGE OF NAME

NOTICE IS HEREBY GIVEN that on September 25, 2018, the Petition of Irene Yahia De Marco was filed in the Northampton County Court of Common Pleas at No. C-48-CV-2018-08916, seeking to change the name of Petitioner from Irene Yahia De Marco to Irene Julia De Marco. The Court has fixed November 27, 2018 at 9:00 a.m., in courtroom #4 at the Northampton County Courthouse as the date for hearing of the Petition. All persons interested in the proposed change of name may appear and

show cause, if any they have, why the prayer of the Petitioner should not be granted.

Oct. 11IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

CIVIL DIVISION—LAWIN DIVORCE

WILFREDO REYESPlaintiff

vs.PATRICIA A. MARTINEZ

DefendantNO. C48CV2018-7170

NOTICE TO DEFEND AND CLAIM RIGHTS

You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children.

When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Northampton County Government Center, Seventh and Washington Streets, Easton, Pennsylvania 18042.

IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER’S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS


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GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.

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.

ATTORNEY REFERRAL ANDINFORMATION SERVICEP.O. Box 4733Easton, PA 18043-4733(610) 258-6333

Oct. 11IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA

ORPHANS’ COURTNOTICE TO NATURAL FATHER

IN RE: TERMINATION OF PARENTAL RIGHTS OF G.A.T.

NO.: A2018-0073NOTICE: TO NATURAL FATHER

UNKNOWNA Petition has been filed to

TERMINATE your Parental Rights of Gage Antonio Trott.

The Court has set a hearing to consider ending your rights to your child on November 27, 2018 at 10:00 a.m., in Courtroom No. 4 of the Northampton County Government Center at 669 Washington Street, Easton, Pennsylvania. Your presence is required at the hearing.

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 CHILD 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

LAWYER REFERRAL SERVICENorthampton CountyBar AssociationP.O. Box 4733Easton, PA 18043-4733Telephone: (610) 258-6333A copy of the Petition to Terminate

Your Parental Rights may be obtained from the Northampton County Orphans’ Court at Case No.: A2018-0073 located at 669 Washington Street in Easton, Pennsylvania 18042 at a charge not greater that the cost of copying said Petition and/or at no charge by contacting Attorney Michael F. Corriere at the below stated address and telephone number.MICHAEL F. CORRIERE, ESQUIRE

I.D. No. 62255Attorney for Plaintiffs

433 East Broad StreetBethlehem, PA 18018(610) 865-5566

Oct. 11


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is pleased to announce that

Stephanie J. Stewardhas joined the firm.

2940 William Penn HighwayEaston, Pennsylvania 18045-5227

Telephone: (610) 253-9171Fax: (610) 559-9281

Website: www.SNG-LAW.comE-Mail: [email protected]

Oct. 4, 11

The Law Offices of Elissa Griffith Waldron

have moved.

New office address as ofOctober 1, 2018:

1011 Brookside Road, Suite 250Allentown, PA 18106Phone: (484) 221-8550

Fax: (484) [email protected]

Oct. 4, 11


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Jacqueline K. Holmes Honored by Lehigh Valley’s Finest

Jacqueline K. Holmes, an Associate at the Pennsylvania office of the law firm Norris McLaughlin, P.A., has been named an honoree of Lehigh Valley’s Finest. She will be honored at the 9th Annual Lehigh Valley’s Finest Gala at The Centennial Ballroom, Homewood Suites, October 20 at 6:00 p.m. The gala benefits the Cystic Fibrosis

Foundation and celebrates the honorees and their accomplishments to raise funds and awareness for CFF.

Lehigh Valley’s Finest Gala honors men and women who exemplify strong leadership qualities, are active volunteers, and excel in their chosen profession. The Finest campaign is designed to spotlight young leaders, honoring their professional and charitable accomplishments. “I am humbled and honored to serve as a Lehigh Valley Honoree for the Cystic Fibrosis Foundation this year. I am hopeful that my campaign efforts will raise awareness for cystic fibrosis and for all that CFF does in search for a cure,” said Holmes.

A resident of Bethlehem, Holmes concentrates her practice on complex commercial litigation and general civil litigation matters. As a commercial litigator, she is involved in business litigation, residential and commercial landlord/ tenant matters, debt collection, and contract disputes. She handles all aspects of litigation, from drafting pleadings, motions, and discovery, to representing clients at depositions and judicial conferences. Holmes also represents plaintiffs and defendants in personal injury matters.

Outside of work, Holmes volunteers with the Lehigh Lawyers Association, where she is on the Board of Directors. She is also a member of Northampton County Bar Association Board of Governors and their Young Lawyers’ Division. Holmes earned her bachelor’s degree from Lehigh University, summa cum laude, and her law degree from Brooklyn Law School, cum laude.

Oct. 11


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123Com. of PA v. Rivera

Com. of PA v. Rivera

COMMONWEALTH of PENNSYLVANIA v. RAMON RIVERA, Defendant

Motion to Dismiss (Habeas Corpus)—Motion to Suppress Identification.Defendant filed an omnibus pretrial motion which included a motion to dismiss and

a motion to suppress a photo lineup identification. Defendant argued that the photo lineup was unreliable because his photo had a lighter-colored background than the rest. The Court found that this argument did not entitle Defendant to relief. Similarly, Defendant was not entitled to have the victim’s in-court identification of him suppressed because the victim was an eyewitness to the crime and, thus, had an independent basis to identify Defendant. Lastly, because Defendant’s motion to dismiss was premised upon the identification, the Court denied the motion.

In the Court of Common Pleas of Northampton County, Pennsylvania, Criminal Division—No. C-48-CR-959-2016.

Kelly Lewis-Fallenstein, Esquire, for the Commonwealth.

Alex D. Mills, Esquire, for the Defendant.

Order of the Court entered on October 6, 2016 by Beltrami, J.

OPINION

This matter is before the Court on the “Motion to Suppress Identifi-cation” and “Application to Dismiss—Habeas Corpus” contained in De-fendant’s “Omnibus Pre-trial Motion,” filed on June 24, 2016.1 A hearing was held on July 27, 2016. At the hearing, the parties agreed that the transcript of the preliminary hearing held on March 15, 2016, could be considered as a supplement to the record for decision made on July 27, 2016, and a copy of the transcript was marked as Commonwealth’s Ex-hibit 1. (N.T., 7/27/2016, at 3:9-20.) Briefs have been submitted, and the matters are ready for disposition.

Defendant is charged with robbery as a felony of the first degree, theft by unlawful taking and terroristic threats as misdemeanors of the first degree, and recklessly endangering another person and simple assault as misdemeanors of the second degree. The record reveals the following facts.

On January 18, 2016, Irene Skelly (“Skelly”) was working at Pat’s Newsstand, a business she has owned and operated in Bethlehem for forty years. (Commw.’s Ex. 1, at 5:8-22.) At approximately 6:00 a.m., a man came into the store with a gun, pointed the gun at Skelly’s chest, and ordered her to empty the money out of the registers and to give it to him. (Id. at 6:20-22, 7:19-23.) At the preliminary hearing, Skelly identified Defendant as the perpetrator. (Id. at 7:3-6.) Skelly complied with Defendant’s demands ———

1 Defendant’s Omnibus Pretrial Motion also contained a “Motion to Suppress Physical Evidence.” The parties agree that this motion is moot, so it will not be addressed by the Court. (N.T., 7/27/2016, at 3:21-4:5.)

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Com. of PA v. Rivera124 Vol. 60

and gave him approximately $500.00. (Id. at 8:6-9:2, 9:12-14.) After receiv-ing the money, Defendant left the store. (Id. at 9:5-7.) Skelly called the police, who arrived approximately ten minutes later. (Id. at 9:21-10:1.) Skelly gave police a description of Defendant, telling them that he was Hispanic, was stocky, and was wearing a hooded shirt. (Id. at 10:2-10.) Defendant had the hood up, but it was not covering his face, which Skelly was able to see. (Id. at 10:10-15.)

On the day of the crime, Detective Christopher Benton, of the City of Bethlehem Police Department, received information from a confidential informant that the robbery was committed by a man known as Scorpio. (N.T., 7/27/2016, at 25:15-18, 26:12-22, 27:12-13.) Detective Benton knew from a prior drug investigation that Defendant went by the street name Scorpio. (Id. at 27:13-28:21.) During that prior investigation, Detective Benton had Defendant under surveillance approximately six times and met with him in 2015. (Id. at 28:8-11.) After conferring with detectives inves-tigating the robbery, Detective Benton confirmed that Skelly’s description of the robber matched Defendant. (Id. at 28:19-29:9.) Detective Benton obtained a photograph of Defendant from an out-of-state agency and gave it to Detective Christopher Beebe, asking him to compile a photo array to show to Skelly. (Id. at 9:1-5, 29:25-30:10.)

Detective Beebe has compiled hundreds of photo arrays in his ten years as a City of Bethlehem police officer. (Id. at 5:9-25.) After receiving Defendant’s photograph from Detective Benton, Detective Beebe entered Defendant’s demographic information and physical characteristics into the computer he used to create the array, namely Defendant’s age and that he is a white male of Hispanic descent with short black hair, brown eyes, a light moustache, and a goatee. (Id. at 14:2-12.) The computer contains a database of photographs compiled by Justice Network. (Id. at 7:23-8:2.) Detective Beebe was unable to obtain a photo of Defendant from that da-tabase, so he imported the photograph provided to him by Detective Benton into the computer as well. (Id. at 11:1-4.) After entering this information, Detective Beebe retrieved pages of photographs from Justice Network matching Defendant’s demographic information and physical characteris-tics. (Id. at 14:18-21.) Detective Beebe then went through the photographs manually, found seven photos of individuals who resemble Defendant, and imported them into a photo array along with Defendant’s photo. (Id. at 15:4-8.) Because all of the backgrounds in the photos were not of the same color, Detective Beebe made the photo array black and white. (Id. at 15:9-25, 16:7-18.) However, Defendant’s photo has a lighter background than the other seven photographs. (Commw.’s Ex. 3.) After compiling the photo array, Detective Beebe printed it and gave it to Detective Benton. (Id. at 21:22-22:3.)

Upon receiving the photo array, Detective Benton went to Pat’s Newsstand to show it to Skelly. (Id. at 33:13-16.) Before she was shown

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the array, Detective Benton read the following to Skelly, which was con-tained on a form:

You are about to be shown a series of photographs or a photo line-up [sic]. The photographs may or may not contain the images of the person(s) that committed the crime.

Do not identify anyone unless you are positive this person(s) committed the crime in question.

The fact that you are being shown photographs should not influence your judgment. You are not obligated to identify anyone.

Do not discuss the identification process with anyone other than the Bethlehem Police without the expressed consent of the District Attorney’s Office.

(Id. at 33:17-35:5; Commw.’s Ex. 4.) Skelly signed the form, and Detective Benton showed her the array. (Id. at 35:9-18.) Skelly examined the array and immediately identified the photo of Defendant as being a photo of the robber, telling Detective Benton that she was “absolutely positive” that it was Defendant who had robbed her store. (Id. at 35:17-23.)

Motion to Suppress Identification

In his Motion to Suppress Identification, Defendant asks the Court to suppress the photo array and Skelly’s in-court identification, arguing that the photo array was unduly suggestive, tainting Skelly’s identification of Defendant as the perpetrator. More specifically, Defendant’s sole argument is that “[t]he photograph of ... Defendant has a substantially lighter back-ground color, almost appearing to be white, which tends to make it appear brighter and almost pop off the page more so than the other seven photo-graphs.” (Def.’s Br. 7.)

Whether an out of court identification is to be suppressed as unreliable, and therefore violative of due process, is deter-mined from the totality of the circumstances. Suggestiveness in the identification process is a factor to be considered in de-termining the admissibility of such evidence, but suggestiveness alone does not warrant exclusion. Identification evidence will not be suppressed unless the facts demonstrate that the identi-fication procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentifica-tion. Photographs used in line-ups [sic] are not unduly sugges-tive if the suspect’s picture does not stand out more than the others, and the people depicted all exhibit similar facial char-acteristics.

Commonwealth v. Stiles, 143 A.3d 968, 978 (Pa. Super. 2016) (quoting Commonwealth v. Fulmore, 25 A.3d 340, 346 (Pa. Super. 2011)). Not every person in the array has to be identical in appearance. Commonwealth v.

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Kendricks, 30 A.3d 499, 504 (Pa. Super. 2011). However, “the photographs in the array should all be the same size and should be shot against similar backgrounds.” Id. (emphasis added).

In this case, Defendant’s only complaint is that his photo has a lighter background than the other photos in the array. While this is true, it is also true that all of the photos are of the same size, all of the photos contain images of Hispanic men with similar physical characteristics, hairlines, and facial hair, all of the photos are in black and white, some of the backgrounds are also lighter than others, and all of the backgrounds are of the same approximate size and similarity. Moreover, the Court cannot say that the lighter background in the photo of Defendant is such a discrep-ancy that it would have given “rise to a very substantial likelihood of ir-reparable misidentification.” Stiles, supra. In this regard, Defendant’s argu-ment is similar to one rejected by the Superior Court in Kendricks. In that case, the Superior Court held that a photo array was not unduly suggestive simply because the defendant was the only person in the array with light-colored eyes or with color on his shirt. Kendricks, supra at 505; see also, Commonwealth v. DeJesus, 580 Pa. 303, 319, 860 A.2d 102, 112 (2004) (photo array not unduly suggestive where the defendant was the only bald person in array); Commonwealth v. Kearney, 92 A.3d 51, 66 (Pa. Super. 2014) (photo array not unduly suggestive where the defendant is the only suspect in photos who is smiling); Commonwealth v. Kubis, 978 A.2d 391, 397 (Pa. Super. 2009) (photo array not unduly suggestive where the defen-dant is the only suspect in array looking away from camera); Commonwealth v. Crork, 966 A.2d 585, 589 (Pa. Super. 2009) (photo array not unduly suggestive where array contained only one other man with light colored eyes); Commonwealth v. Patterson, 940 A.2d 493, 503 (Pa. Super. 2007) (photo array not unduly suggestive where the defendant’s neck and shoul-ders were visible to the greatest extent); Commonwealth v. Blassingale, 398 Pa. Super. 379, 393, 581 A.2d 183, 189 (1990) (photo array not unduly suggestive because the defendant was the only person in the array possess-ing a glass eye); Commonwealth v. Sanders, 380 Pa. Super. 78, 90, 551 A.2d 239, 245 (1988) (photo array not unduly suggestive where all the other photographs except the defendant’s and one other pictured subjects wearing shirts and the defendant’s photo was of a different gloss).

Furthermore, even if the Court were to find that the photo array was unduly suggestive, there would be no basis for suppressing Skelly’s in-court identification of Defendant.

When an out-of-court identification is alleged to be tainted, an in-court identification may still stand if, considering the totality of the circumstances, the identification ‘had an origin sufficiently distinguishable to be purged of the primary taint.’ Commonwealth v. Abdul-Salaam, 544 Pa. 514, 678 A.2d 342 (1996); see also Commonwealth v. James, 506 Pa. 526,

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486 A.2d 376 (1985). The factors a court should consider in determining whether there was an independent basis for the identification include: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness’s degree of attention; (3) the accuracy of the witness’s prior description of the criminal; (4) the level of certainty demonstrated by the witness during the confrontation; and (5) the length of time between the crime and the confrontation. Id. at 380.

Commonwealth v. Kendricks, supra at 506. Given the totality of the circum-stances, Skelly had an independent basis to identify Defendant at the pre-liminary hearing and to identify him at trial. In this regard, Skelly had the opportunity to see Defendant’s face when he was pointing a gun at her, and she was focused on him because she was complying with his commands. Further, the description Skelly gave to police prior to viewing the photo array matched Defendant’s description, and Skelly positively identified Defendant at the preliminary hearing, which occurred only two months after the crime.

For all of the above reasons, Defendant’s Motion to Suppress Iden-tification will be denied.

Application to Dismiss—Habeas Corpus

In his Application to Dismiss—Habeas Corpus (“Application”), Defendant alleges that the Commonwealth lacks sufficient evidence to establish a prima facie case for the charges bound over to this Court. “A pre-trial habeas corpus motion is the proper means for testing whether the Commonwealth has sufficient evidence to establish a prima facie case.” Commonwealth v. Dantzler, 135 A.3d 1109, 1112 (Pa. Super. 2016). Pursu-ant to Pennsylvania law:

At the pre-trial stage of a criminal prosecution, it is not necessary for the Commonwealth to prove the defendant’s guilt beyond a reasonable doubt, but rather, its burden is merely to put forth a prima facie case of the defendant’s guilt. ... A prima facie case exists when the Commonwealth produces evidence of each of the material elements of the crime charged and es-tablishes sufficient probable cause to warrant the belief that the accused committed the offense. ... The evidence need only be such that, if presented at trial and accepted as true, the judge would be warranted in permitting the case to go to the jury. ... Moreover, ‘[i]nferences reasonably drawn from the evidence of record which would support a verdict of guilty are to be given effect, and the evidence must be read in the light most favorable to the Commonwealth’s case.’

Commonwealth v. Huggins, 575 Pa. 395, 402, 836 A.2d 862, 866 (2003) (citations omitted) (quoting Commonwealth v. Marti, 779 A.2d 1177, 1180

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(Pa. Super. 2001)). In other words, the evidence, when read in the light most favorable to the Commonwealth, must sufficiently establish “both the commission of a crime and that the accused is probably the perpetrator of that crime.” Commonwealth v. Packard, 767 A.2d 1068, 1070 (Pa. Super. 2001).

In his Application, Defendant does not develop any argument as to how the Commonwealth failed to establish a prima facie case with regard to any of the charges. Rather, Defendant simply suggests that Skelly’s identification of Defendant is suspect because of the identification procedure utilized. Because the Court must accept Skelly’s identification of Defendant at the preliminary hearing as true for purposes of ruling on the Application, Defendant’s argument is misplaced. Therefore, Defendant’s Application will be denied.

WHEREFORE, the Court enters the following:

ORDER

AND NOW, this 6th day of October, 2016, Defendant’s “Motion to Suppress Identification” and “Application to Dismiss—Habeas Corpus,” contained in Defendant’s “Omnibus Pre-trial Motion,” filed on June 24, 2016, are hereby DENIED.

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Northampton County Bar Association

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