established 1872 (cite vol. 110 luz. reg. reports) established …€¦ · and thursday: 8:30...

(USPS 322-840)PUBLISHED WEEKLY BY

The Wilkes-Barre Law and Library Association

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

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

Price $100. Per Year Single Copies $2.00Bar News Must Be Received by 12 O’Clock Noon, Friday for the Following Week of Publication.

Legal Notices and Ads Must Be Received by 12 O’Clock Noon, Monday in the Week of Publication.

(USPS 322-840)PUBLISHED WEEKLY BY

The Wilkes-Barre Law and Library Association

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

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

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

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

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

Established 1872 (Cite Vol. 110 Luz. Reg. Reports)

VOL. 110 Wilkes-Barre, PA, Friday, August 7, 2020 NO. 32

G.A. WEST v. TRANS. GAS PIPELINE ......................................167

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Joseph P.J. Burke, III, EsquireReporter of Decisions of the Court ofCommon Pleas and Editor-in-Chief

Kristin R. BreazealeEditor

Commercial Advertising,Legal Notices and Bar News

Gail KopiakBar Website Editor

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

www.LuzerneLegalRegister.com andwww.luzernecountybar.com

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

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

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

Back Issues of The Luzerne Legal Register are posted on the Bar website at Luzernecountybar.com

and may be viewed and/or downloaded.

Legal Ads published in this issue may be electronically searched online at www.palegalads.org.

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W-BLLA Component Parts:The Bar Association,

the Hon. Max Rosenn Memorial Law Library, The Luzerne Legal Register and

the Luzerne County Lawyer Referral Service.

Bar Contacts: President: Catherine R. O’Donnell, Esq. [email protected]

Vice President: Girard J. Mecadon, Esq. [email protected] Treas./Sec./Ex. Dir.: Joseph P.J. Burke, III, Esq. [email protected]

YLD President: Brittany Quinn, Esq. [email protected]

Executive Bar Staff: Gail Kopiak

Deputy Executive Director Oversees: Bar Association and Lawyer Referral Service

[email protected]

Kristin R. Breazeale Deputy Executive Director

Oversees: Legal Register & Law Library [email protected]

200 N. River Street Wilkes-Barre, PA 18711

Tel.: (570) 822-6712

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IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY

IN RE: 11th JUDICIAL DISTRICT : JUDICIAL EMERGENCY : NO: 4174 OF 2020PROCEDURES : NO: 403 MD 2020

ORDER

AND NOW, this 30th day of July, 2020, this Order is HEREBY ISSUED to address the practices and procedures associated with the reopening of the Luzerne County Court system.A. GENERAL PROVISIONS

1. All individuals entering any Court facility shall comply with CDC guidelines and/or directives of the Luzerne County Sheriff.

2. All individuals entering any Court facility shall wear a face covering.

3. No one other than the litigants, counsel and witnesses will be permitted to attend a hearing.

4. Litigants, counsel and witnesses are to appear at the Courthouse ten minutes prior to their scheduled court pro-ceeding.

5. Members of the press shall be permitted to attend hear-ings if they comply with CDC guidelines and/or directives of the Luzerne County Sheriff.

6. Advanced Communication Technology (ACT) will be used at all times when possible and practical.

7. All jury trials are suspended until September 8, 2020. Jury selection will proceed as scheduled beginning August 24, 2020.

8. Admission to court rooms will be based upon physical/social distancing requirements as provided by the CDC guidelines and/or directives of the Luzerne County Sheriff.

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9. Court employees will not attend any off-site confer-ences or trainings without prior approval by the President Judge.FAMILY COURT

1. Family Court motions requesting a custody conference shall be emailed to Sharon Mudlock at [email protected]. The motion will be reviewed by the Judge and, if approved, the party filing the motion will receive a signed version returned via email for filing and service.

2. Family Court motions requesting special relief and/or contempt shall be emailed to Nancy Biscontini at [email protected]. The motion will be reviewed by the Judge and, if approved, the party filing the motion will receive a signed version returned via email for filing and service.

3. Family Court motions for pro se individuals without ac-cess to email will be held on Thursdays from 9:30 a.m. to 11:30 a.m. at Bernard C. Brominski Building, 113 West North Street, Wilkes-Barre, PA 18711.

4. ACT will be used at all times when possible and practi-cal at the discretion of the Judge or Hearing Officer.CIVIL

1. Normal motions hours (8:30 a.m. to 9:15 a.m.) will re-sume as of August 3, 2020.

2. Civil jury trials will be held commencing September, 2020 subject to the parameters to be set forth by this Court. Jury selection will proceed as scheduled.

3. ACT will be used at all times when possible and practi-cal at the discretion of the Judge.ORPHANS COURT

1. Normal motions hours (Tuesday: 12:30 p.m.-1:15 p.m. and Thursday: 8:30 a.m.-9:15 a.m.) will resume as of August 4, 2020 at the Penn Place Building, 20 North Pennsylvania Blvd, Wilkes-Barre, PA 18701.

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2. ACT will be used at all times when possible and practi-cal at the discretion of the Judge.CRIMINAL

1. Pennsylvania Rule of Criminal Procedure 600 is sus-pended until September 14, 2020 subject to any intervening orders.

2. All hearings involving an inmate currently lodged in a correctional facility will be accomplished using ACT until further notice.

3. Criminal jury trials may be held commencing September, 2020 subject to the parameters to be set forth by this Court.

4. Specialty Court and Treatment Court will resume on August 7, 2020.

5. DUI Court will resume on August 3, 2020.6. Juvenile Delinquency proceedings shall take place at

the Penn Place Building, 20 North Pennsylvania Blvd, Wilkes-Barre, PA 18701.PFA COURT

1. Protection from Abuse hearings will resume on August 4, 2020.

2. All PFA hearings will be staggered by time.3. All exparte PFA hearings will be held Monday through

Friday from 9:00 a.m. until 2:30 p.m.MAGISTERIAL DISTRICT COURTS

1. As of August 3, 2020, all Magisterial District Courts will be open.

2. No one other than the litigants, counsel and witnesses will be permitted to attend a hearing.

3. All Magisterial District Judges shall insure that the liti-gants, counsel and witnesses are called into the court building one case at a time.

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4. No more than five cases total (civil or criminal) shall be scheduled each hour and the times of the hearings must be staggered.

5. The general provision outlined in Section A also apply to Central Court proceedings.

COMPLIANCE HEREWITH IS DIRECTED. BY THE COURT:

/s/ Michael T. Vough ___________ MICHAEL T. VOUGH, P.J.

Aug. 7

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Executive Committee Meeting,July 21, 2020 Summary

Attendees:

Cathy O’Donnell, Girard Mecadon, President Judge Vough, Jane Acri, Joe Burke, Gail Kopiak, Jamie Anzalone, Deb Bolus, Diana Collins, Lee Ann Palubinsky, Angel Mae Webby Zola, Bill Joyce, Lori Nocito and Steph Fernandes.

The meeting began with President Judge Vough’s discus-sion of both a member of the Bench and a sheriff testing positive for Covid-19. He went on to review the continuing plans for criminal jury trials to resume in September of this year. Cathy O’Donnell thanked him for all of his help and the continuing flow of important information. The minutes of the April 24th meeting were duly approved.

There was a review of all of the Bar Association’s commit-tee meetings which occurred since the last Executive Com-mittee meeting—Family Law, Pro Bono, By-Laws, Federal Practice, Arbitration, Elder Law, Medical/Legal, Summer Outing, Civil Rules and Investment. There was also a review of the April 30th Bar Association Quarterly Meeting.

It was brought to the attention of the Executive Commit-tee that the Bar Association had become duly certified as just 1 of 14 distance learning providers in the Commonwealth. Since the last Executive Committee meeting, the following CLEs were offered: 19th Amendment, Expungement, Land-lord/Tenant, IOLTA and Arbitration & Mediation. All CLEs are free to Bar Association members and $35 to non- members.

Formal Congratulations were extended to David Schwager as being duly installed as the Pennsylvania Bar Association President. Ashleigh Pyke, a 2020 graduate of Wyoming Seminary, was announced as the first recipient of the Bar Association High School Scholarship.

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Joe Burke presented the Budget Report indicating that due to expenditure cuts and to the cancellation and/or the switch to virtual, the budget shortfall due to the elimination of the Fall Sheriff ’s sale was reduced. The certificate which recently matured was going to be used for current revenue needs.

The Executive Committee reviewed, discussed and ap-proved the By-Law Amendments prepared and approved by the By-Laws Committee. These amendments will now be duly advertised at least 6 weeks prior to the next Quarterly Meeting on October 1st where they will be voted on by the membership. Steph Fernandes and Immediate Past President Jane Acri discussed the Charitable Bar Foundation’s award to the Pro Bono Committee for its low bono project.

The PBA Fall 2020 Public Education Campaign—“Pandemic Preparedness: Is Your Home at Risk” was dis-cussed and approved for participation by the Bar Association. Virtual Arbitrations for civil matters less than $50,000 was discussed. The tentative calendar was reviewed.

YLD President Brittany Quinn reported on the continuing Ruth’s Place hygiene collection at Penn Place and the Meals for Heroes program. Most recently over 300 hospital workers were fed pizzas funded by that program.

David Schwager gave a report on upcoming PBA activities. There was no old business, and upon motion and approval, the meeting was adjourned. The next Executive Committee meeting is scheduled to be via Zoom on September 29th at Noon.

Aug. 7

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Pro Bono Committee

Call for Letters of Interest The Wilkes-Barre Law and Library Association’s Pro Bono Committee is seeking two attorneys to represent low-income clients in landlord-tenant, contested custody, and protection from abuse cases in the Court of Common Pleas of Luzerne County on a reduced fee basis. The Pro Bono Committee is a subsidiary of the non-profit Wilkes-Barre Law and Library Association. The Pro Bono Committee seeks to raise money for and award contracts to local attorneys who are willing to provide limited representation to indigent clients in landlord-tenant, contested child custody, and protection from abuse cases, which are currently the areas of greatest unmet legal need in Luzerne County. The importance of this initiative is demonstrated by the fact that the Wilkes-Barre Law and Library Charitable Foundation graciously contributed $10,000 to this initiative. This program is in partnership with North Penn Legal Services (“North Penn”) and only available to individuals who cannot afford to hire an attorney. This initiative seeks to provide legal services to clients who would otherwise be eligible for North Penn, whose indigence has been vetted, but North Penn cannot accommodate due to a conflict of interest or overflow. While the legal service will be free to the clients, the attorneys will be compensated on a reduced fee (“low bono”) basis. Contracted attorneys will be awarded contracts of up to $5,000, with compensation paid on the basis of servicesactually provided, earned and billable upon completion in accordance with the Agreement form necessary to become an independent contractor. While some experience in the fields of custody and abuse law is preferred, it is not required, as one of the objectives of this program is to increase the number of family law practitioners willing and able to provide pro bono representation in Luzerne County. Every contracted attorney will be given the opportunity to select from a list of experienced family law practitioners who have volunteered to serve as a mentor. The contracted attorney must maintain their own malpractice insurance.

Pro Bono Committee

Call for Letters of Interest

The Wilkes-Barre Law and Library Association’s Pro Bono Committee is seeking two attorneys to represent low-income clients in landlord-tenant, contested custody and protection from abuse cases in the Court of Common Pleas of Luzerne County on a reduced fee basis.

The Pro Bono Committee is a subsidiary of the non- profit Wilkes-Barre Law and Library Association. The Pro Bono Committee seeks to raise money for and award contracts to local attorneys who are willing to provide limited repre-sentation to indigent clients in landlord-tenant, contested child custody and protection from abuse cases, which are currently the areas of greatest unmet legal need in Luzerne County. The importance of this initiative is demonstrated by the fact that the Wilkes-Barre Law and Library Charitable Foundation graciously contributed $10,000 to this initiative.

This program is in partnership with North Penn Legal Services (“North Penn”) and only available to individuals who cannot afford to hire an attorney. This initiative seeks to provide legal services to clients who would otherwise be eli-gible for North Penn, whose indigence has been vetted, but North Penn cannot accommodate due to a conflict of interest or overflow.

While the legal service will be free to the clients, the at-torneys will be compensated on a reduced fee (“low bono”) basis. Contracted attorneys will be awarded contracts of up to $5,000, with compensation paid on the basis of services actually provided, earned and billable upon completion in accordance with the Agreement form necessary to become an independent contractor.

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While some experience in the fields of custody and abuse law is preferred, it is not required, as one of the objectives of this program is to increase the number of family law practition-ers willing and able to provide pro bono representation in Luzerne County. Every contracted attorney will be given the opportunity to select from a list of experienced family law practitioners who have volunteered to serve as a mentor. The contracted attorney must maintain their own malpractice insur-ance.

We hope you will help us identify attorneys interested in this opportunity. Inquiries and nominations may be addressed to [email protected] or any member of the Pro Bono Committee co-chairs. Letters of interest, e-mailed to the same address, should indicate experience in custody and abuse matters, provide contact information for two references (lawyers and/or clients) and include a current resume. Finalists should expect to be interviewed prior to contract award.

Co-Chairs: Matthew Clemente, Esq.; Stephanie Fernandes, Esq.

Aug. 7, 14, 21, 28——————

Low Bono ProgramIf you know of a person who needs free legal assistance in

Luzerne County, he/she can apply for Luzerne County’s Pro Bono services by e-mailing: [email protected].

You can follow the Pro Bono Committee and message them on Facebook.

Because the Luzerne County Pro Bono is recently estab-lished, the initial focus is primarily on landlord/tenant cases.

Aug. 7, 14, 21, 28

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UPDATED BAR CALENDAR

8/17/20 Race & Gender Bias in Noon Zoom the Legal Profession CLE 1 ethics credit

9/14/20 Federal Practice CLE Noon W-B Fed 1 substantive credit Cthouse

9/16/20 US Immigration & Noon Zoom Nationality & Consular Law: 2020 Update CLE 1 substantive credit

10/1/20 Quarterly Meeting 11:30 A.M. WMC (Justice Wecht) Antisemitism, America & the Law 1 substantive credit

10/5/20 Red Mass Noon King’s Chapel

10/9/20 Dinner Dance 6:00 P.M. WMC

10/14/20 Cybersecurity CLE Noon Zoom 1 substantive credit

10/22/20 PA Superior Court Noon Zoom 125th Anniversary Past, Present & Future CLE (Including President Judge Emeritus Stevens & President Judge Panella) 1 substantive credit

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11/5/20 Bench Bar 10:30 A.M. MSC

11/18/20 Medical/Legal- 6:00 P.M.- Telemedicine CLE 8:00 P.M. Zoom 2 substantive credits

12/9/20 Judge Cosgrove Noon CTH Holiday CLE 1 ethics credit

Aug. 7, 14——————

Scholarship Committee MeetingJuly 29, 2020

Attendees:Chair Shandra Kisailus, Kendra Strobel, Jim McMonagle, Jane Acri, Cathy O’Donnell, Joe Burke and Gail Kopiak.

The Scholarship Committee met to discuss the applica-tions and metrics for the new Law School Scholarship to be awarded for the first time in the summer of 2021. The Chair had other scholarship application samples. She spoke with a Dickinson School of Law Development Director.

It was suggested that metrics such as GPA, extracurriculars and community service be required from the applicants. There was a discussion that LSAT scores may be less available due to the pandemic and the current use of LSAT-flex. Atypical metrics to be included may also include an increase in college GPA and jobs both during college and since completion of college.

Evidence of enrollment would be required before award-ed funds were actually disbursed, and all disbursements would be directly to the law school bursar in installments over a 3-year period. The application will also contain a ques-

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Mediation and ADR Solutionsprovided by

The Honorable Thomas I. Vanaskie (Ret.)

• 24 years on the Federal bench (Third Circuit Court of Appeals and Middle District of Pennsylvania)

• Unmatched credentials and experience makes him uniquely qualified to assist parties resolve disputes with guidance that is informed, impartial, fair and objective

• Available to resolve disputes in business and commercial, class action and mass tort, employment, ERISA, insurance, antitrust, securities, intellectual property, civil rights and personal injury cases

• Serves as a Special Master in complex litigation and is highly experienced in the area of e-discovery and privilege review

425 Spruce Street, Suite 300, Scranton, PA 18503 • 570.969.5360 • [email protected]

tion as to how long the applicant has resided in Luzerne County. Additionally, a copy of a driver’s license or other Luzerne County residency proof and a current resume must accompany the application.

The same essay topic provided by the ABA for Law Day 2021 will be part of the application as well. The finalized application will be advertised in the local newspapers and the Legal Register. It will also be sent to all of the colleges in Luzerne County and the LSAC. The committee will vote on how much weight to give each metric and the Chair will circulate that matrix and a draft application. The committee will have another meeting in approximately 2 months.

Aug. 7

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To W-BLLA MEMBERS: A Reminder

The Unauthorized Practice Committee, working with the Pennsylvania Attorney General’s Office, adopted a new

Unauthorized Complaint form. The form is available in hard copy at the Law Library and is available for use by

downloading it from the Bar Web site at

Luzernecountybar.comClick on “Unauthorized Practice of Law”

in the Menu on the Home Page.A Sample of what the reporting form looks like

is being published.

Any lawyer who learns of the Unauthorized Practice of law needs to report it, whether it is by

• “Observing a lay person committing UPL at the Court House as part of a case or in any other place and man-ner.”

• “Observing an advertisement online, in the newspaper, on a billboard, on tv or other location.”

• “Gaining personal knowledge of a UPL by any other means.”

To W-BLLA MEMBERS: A Reminder

The Unauthorized Practice Committee, working with the Pennsylvania Attorney General's Office, adopted a

new Unauthorized Complaint form, The form is available in hardcopy at the Law Library and is available

for use by downloading it from the Bar Website at

Luzernecountybar.comClick on "Unauthorized Practice of Law" in the Menu on

the Home Page.

A Sample of what the reporting form looks like is being published. May 1

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NEW Unauthorized Practice Reporting Form

Unauthorized Practice can be reported by lawyers who witness or have knowledge of it. This is a Sample of the reporting form to use.

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The UP Reporting Form is only three pages long and easy to complete. It is available for downloading from the Bar Web site or availableat the Law Library.

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Just complete this form and e-mail it to Joe Burke and he will send it to the Pennsylvania Attorney General’s Office, the President Judge, District Attorney’s Office and PBA UPL State Committee, as authorized.

May 1

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Aug. 7, 14Aug. 7, 14

19

ATTORNEY DISCIPLINARY / ETHICS MATTERS

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

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

Rules of Professional Conduct

James C. Schwartzman, Esq.Judge, Court of Judicial Discipline • Former Chairman, Judicial

Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing

Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA • Named by his peers as Best

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

Defendants Legal Malpractice Law

ASSOCIATE WANTED The Belt Law Firm, PC is seeking an experienced workers’

compensation associate attorney with at least 5-8 years’ ex-perience. Interested candidates should send resume, writing samples, references and salary requirements via fax or e-mail to [email protected] or (570) 714-3353. All submis-sions and enquiries will be kept confidential.

July 24, 31; Aug. 7

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LEGAL AID ATTORNEY OPENINGS— PITTSTON OFFICE

North Penn Legal Services is recruiting to fill two staff attorney positions in its Pittston location. For information on the position and how to apply, visit www.northpennlegal.org/about/careers.

Please feel free to contact: [email protected] for a review of the benefits and loan repayment programs available to staff attorneys. EOE.

July 31; Aug. 7

LIBRARY PHOTOCOPY MACHINE

All W-BLLA attorneys utilizing the Law Library, please see Gail for the photocopy key, before you photocopy, as the W-BLLA Executive Committee has voted to provide all W-BLLA members with free photocopying as part of your membership perks.

Thank you.

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The Wilkes-Barre Law & Library Association (#53) is hosting *A Zoom CLE/CJE*. The Cost is $35.00 for Non-Members, FREE to W-BLLA MEMBERS. Presented by Meera E. Deo, JD, PhD Director, Law School Survey of Student Engagement (LSSSE) Visiting Professor, UC Davis School of Law (2018-2020) Professor of Law, TJSL Author of Unequal Profession: Race and

Gender in Legal Academia.

“Race & Gender Bias in the Legal Profession.”

Sponsored by the Women’s Committee as part of the 100th Commemoration of the Women’s Right to Vote.

The W-BLLA (#53) is now accredited as a Distance Learning Provider. This Program Provides 1 Hour of Ethics CLE Distance Learning Credit.

CJE APPROVAL PENDING.

Monday, August 17, 2020—Noon.

Advance Registration is necessary prior to that day. Please e-mail Gail at [email protected]

the following: Your Atty. I.D.#—Your Name—Title and Date of the Program—

and, if you are planning to call on a telephone, your telephone #. A HANDOUT IS AVAILABLE

FOR DOWNLOADING FROM THE BAR’S WEBSITE LUZERNECOUNTYBAR.COM.

Minimum requirement for access to this program is a computer, laptop, iPad, cell phone or telephone. If you plan

to use your cell phone or an iPad, you will need to download the Zoom App.

Cutoff Date: August 14th. After you register, you will be e-mailed

the link for the program.

July 31; Aug. 7 July 31; Aug. 7

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All programming will be held via Zoom Webinar.

Cost per CLE: FREE!

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July 31; Aug. 7

July 31; Aug. 7

167G.A. WEST v. TRANS. GAS PIPELINE

Luzerne op 7-1

G.A. WEST & CO., INC. v. TRANSCONTINENTAL GAS PIPELINE CO., LLC ET AL.

Civil Law and Procedure—Motion for Summary Judgment—Section 42 Pa. C.S.A. 1035.2—Standard of Review—Clear and Free From Doubt—Moving Party—Burden of Proof—No Genuine Issues of Material Fact—CASPA—Mis-Reliance—Restatement (Second) of Conflict of Laws—Pa. R.E. 701—Preclusion of Opinion Testimony of a Lay Witness—Pa. R.E. 702—Scientific, Technical or Specialized Knowledge—Meas-ured Miles Approach to Damages—Subjective Judgment—Appropriate Threshold for Evidence to Jury—Gist of the Action Doctrine—Preclusion of Recasting Garden Variety Contract Claims into Tort Claims—Breach of General Social Duty—Central Analysis—Lack of Collateral Duty—Breach of Contract.1. Section 42 Pa. C.S.A. 1035.2 provides, “After the relevant pleadings are closed,

but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts es-sential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.”

2. In reviewing a motion for summary judgment, the trial court must consider the record in the light most favorable to the non-moving party, resolving all doubts as to the existence of a genuine issue of material fact against the moving party.

3. Summary judgment may be granted only in cases where the right is clear and free from doubt.

4. The moving party bears the burden of demonstrating there are no genuine issues of material fact.

5. In the matter sub judice, Plaintiff ’s complaint contains five counts. Count I is for breach of contract and Count V is a claim for violation of the Pennsylvania Prompt Pay Act 73 P.S. Section 501 et seq. (CASPA).

6. Summary Judgment is GRANTED in favor of the Defendants as to Counts II, III and IV, which are tort claims, dismissed by the Court pursuant to applicable Pennsylvania law.

7. Summary Judgment is GRANTED in favor of the Plaintiff as to its retainage claims pursuant to 73 P.S. Section 509. Significantly, Defendants concede CASPA applied to that specific claim.

8. CASPA represents a legislative intent to protect contractors and subcontractors by providing guidelines for prompt payment in construction projects.

9. CASPA contains penalties (interest) for noncompliance, these penalties are the same for Section 509 (Retainage) as Section 505 (Owner’s Payment Obligations). The statute bestows no superior status to retainage over nonpayment. The Court found that internal consistency brings Count I under Pennsylvania jurisdiction, venue and law.

10. CASPA (Section 514) specifically renders unenforceable making a contract subject to the laws of another state, or requiring that litigation occur elsewhere. This prohibition specifically includes an alleged failure to meet the payment requirement of the statute.

11. In the matter sub judice, the Court determined that Defendants mistakenly rely on Restatement (Second) of Conflict of Laws Section 187.

12. Section 188 of the Restatement states that the rights and duties of the parties with respect to an issue in a contract are determined by the local law of the state which has the most significant relationship to the transaction—in this case, Pennsylvania.

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G.A. WEST v. TRANS. GAS PIPELINE

168 G.A. WEST v. TRANS. GAS PIPELINE

Luzerne op 7-1

13. Pa. R.E. 701 precludes opinion testimony from a lay witness based on scientific, technical or specialized knowledge within the scope of Pa. R.E. 702. Direct perceptions of the witness are the core of lay opinion testimony, and resort to other materials is generally impermissible.

14. In the case at hand, the measured miles approach to damages requires subjective judgment calls. Review of literature [by the Court] suggests there is no single procedure to define how to conduct a measured miles analysis. There are many decision points and analyists are left to their own devices or methodology.

15. In the matter sub judice, the lay witness’s personal knowledge of and experience with costs incurred at various stages of construction do not satisfy the appropriate threshold to permit this damage evidence to go to a jury.

16. Counts II, III and IV of Plaintiff ’s complaint wherein are tort claims, and the Court has dismissed them pursuant to the gist of the action doctrine. This doctrine precludes the recasting of garden variety contract claims into tort claims.

17. Tort claims will only be allowed if they concern the breach of a general social duty, not a conduct that occurs in the performance of the parties’ contractual relationship.

18. In determining whether a particular tort claim is barred by the gist of the action doctrine, the central analysis is whether the tort claim is based on contractual duties, or conversely, whether the contract is collateral to a tort claim that is based on duties imposed by the larger social policies embodied in the law of torts.

19. In the instant matter, the issue is delay (failure to timely deliver materials pursuant to the contract terms). This is not collateral to any duty imposed by a larger social policy; it is the basis of the breach of contract claim.

20. The action in the case is essentially a contract action and the distinct conduct com-plained of are specifically defined obligations contained within the contracts.

In the Court of Common Pleas of Luzerne County—Civil Action—Law—No. 2016-08148.

Andrew D. Bigda, Esquire, C. William Daniels, Jr., Esquire and Matthew R. Griffith, Esquire, for Plaintiff.

James G. Dean, Esquire, Mark T. Steele, Esquire, Scott F. Lehman, Esquire, Bobby Latham, Esquire and James L. Colvin, Esquire, for Defendants.

Before: Amesbury, J.

AMESBURY, J., June 20, 2019:

Opinion

Applicable Law and Discussion:

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party

24


Luzerne op 7-1

may move for summary judgment in whole or in part as a matter of law

(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or

(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.

Pa. R.C.P. 1035.2.

In reviewing a motion for summary judgment, the trial court must consider the record in the light most favorable to the non-moving party, resolving all doubts as to the existence of a genuine issue of material fact against the moving party. Borden, Inc. v. Advent Ink Company, 701 A.2d 255, 258 (Pa. Super. 1997). “[S]ummary judgment may be granted only in cases where the right is clear and free [from] doubt.” Musser v. Vilsmeier Auction Co., Inc., 522 Pa. 367, 370, 562 A.2d 279, 280 (1989). The moving party bears the burden of demonstrating there are no genuine issues of material fact. Stimmler v. Chestnut Hill Hospital, 602 Pa. 539, 554, 981 A.2d 145, 154 (2009).

Jurisdiction, Venue and Applicable Law:

Defendants have filed three (3) distinct and separate motions as to Oklahoma law and the instant action. They have sought dismissal due to improper venue, transfer to Oklahoma, and alternatively, that this Court apply Oklahoma law. To the extent these issues were arguably

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Luzerne op 7-1

disposed of in preliminary objections, this Court has relied on the doctrine of the law of the case, retained jurisdiction and applied Pennsylvania law. (Summary Judgment has been granted in favor of the Defendants in the tort actions, relying on Pennsylvania law. Summary Judgment has been granted in favor of the Plaintiff ’s “CASPA” claim, again based on Pennsylvania law.)

Defendant Transcontinental Gas Pipeline Company, LLC (“Transco”), is organized under the laws of Dela-ware with principal place of business located in Texas. Plaintiff G.A. West (“GAW”) is both incorporated and located in Alabama. The work contracted for and per-formed was solely in Pennsylvania. The two contracts for Stations 515 and 517 (Article 34) state that “[t]he law of the state of Oklahoma, excluding its choice of law principles, shall govern this Contract.” In its complaint, Plaintiff alleges, “it seems implausible that an Oklahoma Court would find it had the jurisdictional capability to entertain this matter, thus negating GAW’s ability to bring this action.” Clearly, there is no substantial rela-tionship between Oklahoma, the parties, the causes of action or the performance.

Plaintiff ’s Complaint contained five (5) Counts. Count I is for breach of contract and Count V is a claim for Vio-lation of Pennsylvania Prompt Pay Act, 73 P.S. Section 501 et seq. (“CASPA”). (As noted above Counts II, III and IV were tort claims dismissed by this Court pursu-ant to applicable Pennsylvania law. Summary Judgment has been granted in favor of Plaintiff as to its retainage claims pursuant to 73 P.S. Section 509.) Significantly, Defendants concede CASPA applied to that specific claim.

26


Luzerne op 7-1

CASPA represents a legislative intent to protect con-tractors and subcontractors by providing guidelines for prompt payment in construction projects. [See Imperial Excavating and Paving, LLC v. Rizzetto Construction Management, Inc., 935 A.2d 557 (Pa. Super. 2007).] Significantly, it also contains specific penalties (inter-est) for noncompliance. These penalties are the same for Section 509 (Retainage) as Section 505 (Owner’s Payment Obligations). The statute bestows no superior status to retainage over nonpayment. This Court found that internal consistency brings Count I under Pennsyl-vania jurisdiction, venue and law.

Moreover, CASPA (Section 514) specifically renders unenforceable making a contract subject to the laws of another state, or requiring that litigation occur else-where. This prohibition specifically includes an alleged failure to meet the payment requirement of the statute. [See Stivason v. Timberline Post and Beam Structures Company, 947 A.2d 1279 (Pa. Super. 2008).]

Defendants mistakenly rely on Restatement (Second) of Conflict of Laws Section 187 ignoring the fact that the chosen state (Oklahoma) has no substantial relationship to the parties or the transaction. There is no reasonable basis for the choice of Oklahoma. CASPA is a funda-mental policy of Pennsylvania which has a materially greater interest than Oklahoma. Defendants’ reliance on Section 187 Law of the State Chosen by the Parties is misplaced. Comment g. of Section 187 states:

g. When application of chosen law would be contrary to fundamental policy of state of otherwise applicable law. Fulfillment of the parties’ expectations is not the only value in contract law; regard must also be had for state interest and for state regulation. The chosen law

27


Luzerne op 7-1

should not be applied without regard for the interests of the state which would be the state of the applicable law with respect to the particular issue involved in the absence of an effective choice by the parties. The forum will not refrain from applying the chosen law merely because this would lead to a different result than would be obtained under the local law of the state of the otherwise applicable law. Application of the chosen law will be refused only (1) to protect a fundamental policy of the state which, under the rule of Section 188 would be the state of the otherwise ap-plicable law, provided (2) that this state has a materi-ally greater interest than the state of the chosen law in the determination of the particular issue.

Section 188 states that the rights and duties of the parties with respect to an issue in contract are deter-mined by the local law of the state which, with respect to that issue, has the most significant relationship to the transaction. Additionally, Defendants have yet to raise, let alone demonstrate, how Oklahoma’s interest would be impacted by application of CASPA. In fact, there has been no offer as to how an Oklahoma court would have the jurisdictional capability to hear this matter, thus rendering the claim not amenable to litigation.

Preclusion of Testimony:

This Court received Defendants’ Motion to Strike Plaintiff ’s Measured Mile Analysis on the morning of trial and treated it as a Motion in Limine to preclude Gary West’s testimony in support of Plaintiff ’s damage claim. This “approach compares the cost of completing work not subject to delay or acceleration with costs of completing work during a period of impact, the differ-

28


Luzerne op 7-1

ence representing the measure of damages.” [See James Corporation v. North Allegheny School District, 938 A.2d 474 (Pa. Commw. 2007).]

Gary West was never identified as an expert witness, nor did he ever produce an expert report. In fact, the record suggests he ordered a book off of Amazon to prepare Plaintiff ’s measured mile analysis. This Court found no case where a measured mile analysis was re-ceived into evidence upon the testimony of a lay witness.

Pa. R.E. 701 precludes opinion testimony from a lay witness based on scientific, technical or other special-ized knowledge within the scope of Pa. R.E. 702. Direct perceptions of the witness are the core of lay opinion testimony, and resort to other materials is generally impermissible.

The measured miles approach to damages requires subjective judgment calls. Review of literature suggests there is no single procedure to define how to conduct a measured miles analysis. There are many decision points and analysists are left to their own devices or methodology.

The comparison of what actually happened to a hy-pothetical universe requires an examination of both the methodology and objectivity of the opinion. Gary West’s personal knowledge of and experience with costs incurred at various stages of construction do not satisfy the appropriate threshold to permit this damage evidence to go to a jury.

Fraudulent Inducement:

Counts II, III and IV of Plaintiff ’s Complaint are tort claims, and this Court has dismissed them pursuant to the “gist of the action” doctrine. That doctrine precludes

29


Luzerne op 7-1

the recasting of garden variety contract claims into tort claims. [See EToll, Inc. v. Elias/Savion Advertising, Inc., 811 A.2d 10 (Pa. Super. 2002).]

Plaintiff ’s strongest argument is Count IV (Fraudu-lent Non-disclosure) alleging inducement to continue performance despite Defendant’s knowledge as to its potential noncompliance with certain contractual timing requirements. Plaintiff offers Mirizio v. Joseph, 4 A.3d 1073 (Pa. Super. 2010) to support its argument. This case is easily distinguished by Mirizio being decided on the basis of a fiduciary duty. No such social policy concern exists in the instant action.

Both EToll and Mirizio uphold the preposition that tort claims will only be allowed if they concern the breach of a general social duty, not a conduct that occurs in the performance of the parties’ contractual relation-ship. [See Bruno v. Erie Insurance Company, 630 Pa. 79, 106 A.3d 48 (2014).] In the instant case, Plaintiff relies on the exact same facts to prove the exact same damages. Significantly, Plaintiff ’s reliance on Mirizio is specifically undercut by its holding that “in determining whether a particular tort claim is barred by the gist of the action doctrine, the central analysis is whether the tort claim is based on contractual duties, or conversely, whether the contract is collateral to a tort claim that is based on duties imposed by ‘larger social policies embodied in the law of torts.’ ” [See Mirizio, supra at 1084.]

In the instant matter, the issue is delay (failure to timely deliver materials pursuant to the contract terms). This is not collateral to any duty imposed by a larger so-cial policy, it is the basis of the breach of contract claim. The parties’ obligations were defined by the terms of the contract, not embodied by the law of torts.

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Luzerne op 7-1

The “gist of the action” doctrine is not limited to the discrete instances of conduct, but is a general test concerned with the essential part of an entire formal complaint. [See EToll, supra.] This action is essentially a contract action and the distinct conduct complained of are specifically defined obligations contained within the contracts.

ORDER

It is hereby ORDERED as follows:

1) Defendants Transcontinental Gas Pipeline Com-pany, LLC (“Transco”), Wanner and Smith’s Mo-tions for Summary Judgment as to Counts II, III, and IV of Plaintiff ’s First Amended Complaint (the tort claims) are GRANTED due to the gist of the action doctrine;

2) Defendants’ Motions to Dismiss Due to Improper Venue, transfer to Oklahoma, or in the alternative apply Oklahoma Law is DENIED; and

3) Defendant’s Motion to preclude testimony offering a ‘measured miles analysis’ from a non-expert lay witness is GRANTED. [See Pa. R.E. 701 and 702].

Pursuant to 42 Pa. C.S. Section 702, this Court is of the opinion that this ORDER involves three (3) controlling questions of law as to which there is substantial ground for difference of opinion and that an immediate appeal from this ORDER may materially advance the ultimate termination of the matter.

The Offices of Judicial Records and Services of Lu-zerne County, Pennsylvania shall give notice of this Order to all parties pursuant to Pa. R.C.P. 236.

31

THE LUZERNE LEGAL REGISTER

32

DECEDENTS’ ESTATESNotice is hereby given that let-

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

FIRST PUBLICATION

ESTATE OF FLORENCE H. BALOG, late of Swoyersville (died May 27, 2020), Jeanne Marie Rought, Ex-ecutrix; Catherine J. Garbus, Esquire, 24 E. Tioga St., Tunkhan-nock, PA 18657

ESTATE OF ANN E. BARKUS, late of Drums (died June 14, 2020), Rob-ert Barkus, 29 Sunrise Dr., Wilkes-Barre, PA 18702, Executor

ESTATE OF LUCILLE M. BELUSKO, late of Black Creek Twp. (died January 22, 2020), Stephen M. Belusko and Thomas R. Belusko, Administrators; Peter J. Fagan, Esquire, P.O. Box 904, Conyng-ham, PA 18219

ESTATE OF FRANK A. CABELL, late of Hazle Twp. (died January 30, 2019), Joan P. Cabell, Executrix; Jane Smedley Anzalone, Esquire, Anzalone Law Offices, LLC, 98 South Franklin, Wilkes-Barre, PA 18701

ESTATE OF MARGARET A. DRUMN, late of Freeland (died May 8, 2020), Michael J. Drumn, Executor; Wil-liam J. Schneider, Esquire and James A. Schneider, Esquire, 439 West Walnut St., Hazleton, PA 18201-6106

ESTATE OF TERRENCE E. HAVENS a/k/a Terrence Eugene Havens, late of Nanticoke (died May 24, 2020), Ryan Honeychurch, Ad-

ministrator; Patrick J. Aregood, Esquire, 1218 South Main St., Hanover Twp., PA 18706

ESTATE OF COLLEEN B. JUDGE, late of West Wyoming (died No-vember 24, 2019), James W. Judge, III, Executor; David J. Harris, Esquire, 67-69 Public Sq., Suite 700, Wilkes-Barre, PA 18701

ESTATE OF HELEN ELIZABETH MARTIN a/k/a Helen E. Martin, late of Lake Twp. (died March 2, 2020), Gail Kocher, Administra-trix; Elliot B. Edley, Esquire, Edley and Reishtein, 37 North River St., Wilkes-Barre, PA 18702

ESTATE OF JOYCE MARIE RUG-GERE, late of Dallas (died June 4, 2020), Rodney Kolb, Executor; Stacy Acri, Esquire, 273 E. North-ampton St., Wilkes-Barre, PA 18702

ESTATE OF HELEN SANTOVITO, late of Kingston (died May 16, 2020), Edward Collar, Executor; J. Tim Cotter, Esquire, 213 Everhart St., Dupont, PA 18641

SECOND PUBLICATION

ESTATE OF JOHN A. BOBEY, late of Hazle Twp. (died March 7, 2020), Diane Bobey Tranguch, Executrix; Frank J. Skokoski, Esquire, Skokoski & DeCosmo, P.C., 165 Sus quehanna Blvd., West Hazle-ton, PA 18202

ESTATE OF PHILIP DAVID ENGMAN a/k/a Philip Engman, late of White Haven (died June 24, 2020), Philip Engman, Esquire, 9134 Dupont Place, Wellington, FL 33414, Executor

ESTATE OF LEON GUSDITIS, late of Mountain Top (died April 15, 2020), Bernadine Gusditis, Ad-ministratrix; Stacey Acri, Esquire, 273 E. Northampton St., Wilkes-Barre, PA 18702


33

ESTATE OF JOSEPH G. MARCIN, late of Swoyersville (died March 13, 2020), Joseph Marcin, Execu-tor; Robert S. Betnar, Esquire, 126 South Main St., Pittston, PA 18640

ESTATE OF BASIL M. RUDUSKY a/k/a Basil Rudusky, late of Fair-view Twp. (died October 6, 2019), Bernadine B. Rudusky, Executrix; Brenda D. Colbert, Esquire, Col-bert & Grebas, PC, 210 Montage Mntn. Rd., Suite A, Moosic, PA 18507

ESTATE OF ANDREW J. SKUNTZ, SR. a/k/a Andrew J. Skuntz a/k/a Andrew Skuntz, late of Hazle Twp. (died June 22, 2020), Kathleen Ann Skuntz Smith, Ex-ecutrix; Frank J. Skokoski, Es-quire, Skokoski & DeCosmo, P.C., 165 Susquehanna Blvd., West Hazleton, PA 18202

ESTATE OF EDWARD P. STACHYRA, late of Nanticoke (died June 25, 2020), Edward J. Stachyra, 7003 Green Spring Ln., Alexandria, VA 22306, Executor

ESTATE OF MICHAEL THIEMANN a/k/a Michael L. Thiemann, late of Wright Twp. (died June 24, 2020), Jennifer Welgosh, Admin-istratrix; Chad J. Sweigart, Es-quire, Elliott Greenleaf & Dean, 15 Public Sq., Suite 310, Wilkes-Barre, PA 18701

ESTATE OF JOHN P. THOMAS, late of Mountain Top (died May 5, 2020), John C. Thomas, Paul J. Thomas and Dina M. Thomas, Executors; Hourigan, Kluger & Quinn, P.C., 600 Third Ave., Kingston, PA 18704

ESTATE OF JOHN P. WALSH, late of Kingston (died July 9, 2020), Kathleen R. Brennan and Donna Maximowicz, Co-Executrices; Stephen J. Fendler, Esquire,

Fendler & Associates, P.C., The Park Bldg., 400 Third Ave., Suite 309, Kingston, PA 18704

ESTATE OF VERNIE IRENE WOLFE a/k/a Vernie I. Wolfe, late of Conyngham Twp. (died November 21, 2019), Susan K. Yoder, Ad-ministratrix; Richard W. Knecht, Esquire, Marinos, McDonald & Knecht, LLP, 106 W. Front St., Berwick, PA 18603

THIRD PUBLICATION

ESTATE OF REGINA R. BARAN, late of Wilkes-Barre (died December 15, 2019), Jeffrey Baran, Execu-tor; James J. Albert, Esquire, Cefalo Law, 309 Wyoming Ave., West Pittston, PA 18643

ESTATE OF FLORENCE V. BOYLE a/k/a Florence Victoria Boyle, late of Harveys Lake (died May 27, 2020), Thomas Boyle, Executor; Frank J. Aritz, Esquire, 23 West Walnut St., Kingston, PA 18704

ESTATE OF MARY A. BRAZITIS, late of Wilkes-Barre (died May 22, 2020), Richard Avery, Executor; Patrick J. Aregood, Esquire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF JACOB BUSCH, late of Wyoming (died May 18, 2020), Amy Callahan, Administratrix; Jane Smedley Anzalone, Esquire, Anzalone Law Offices, LLC, 98 South Franklin Street, Wilkes-Barre, PA 18708

ESTATE OF MARGARET ANN CAST-ERLINE, late of Wilkes-Barre (died June 9, 2020), Mark D. Caster-line, Administrator; Jonathan A. Spohrer, Esquire, 279 Pierce St., Kingston, PA 18704

ESTATE OF CHRISTOPHER DAWE a/k/a Christopher S. Dawe a/k/a Christopher Simms Dawe, late of


34

Lehman Twp. (died May 7, 2020), William Gordon Dawe, Executor; Stephen B. Killian, Esquire, 250 Pierce St., Suite 212, Kingston, PA 18704

ESTATE OF DEBRA J. EDLER, late of Mountain Top (died April 20, 2020), Kimberly Edler, Adminis-tratrix; A. Ruth Whalen, Esquire, 250 Pierce St., Suite 212, King-ston, PA 18704

ESTATE OF MARGARET C. HEE, late of Pittston Twp. (died March 21, 2020), Carol Musto, Administra-trix; Biagio V. Musto, II, Esquire, 171 William St., Pittston, PA 18640-1719

ESTATE OF HUGH MERRITT HUGHES, JR. a/k/a H. Merritt Hughes, late of Wilkes-Barre (died April 29, 2020), Daniel J. Hughes, Administrator; Stephen B. Killian, Esquire, 575 Pierce St., Suite 303, Kingston, PA 18704

ESTATE OF ALISON KOVALCHIK, late of Kingston Twp. (died Decem-ber 9, 2019), Jacob Kovalchik, Administrator; David J. Harris, Esquire, 67-69 Public Sq., Suite 700, Wilkes-Barre, PA 18701

ESTATE OF REGINA C. KURTZ a/k/a Regina Kurtz, late of Hazle Twp. (died May 10, 2020), Russian F. Kurtz, Executor; Charles A. DeCosmo, Esquire, Skokoski & DeCosmo, P.C., 65 Susquehanna Blvd., West Hazleton, PA 18202

ESTATE OF DONALD H. LINKER a/k/a Donald Henry Linker, late of Wilkes-Barre (died June 7, 2020), Diane Bubblo Eaton, Ex-ecutrix; Patrick J. Aregood, Es-quire, 1218 South Main St., Wilkes-Barre, PA 18706

ESTATE OF DENNIS JAY LLEW-ELLYN, JR., late of Forty Fort (died February 4, 2020), Erica Amen

and Annie Llewellyn, 201 Oldfield Dr., Shavertown, PA 18708, Co-Administratrices

ESTATE OF TIMOTHY L. LYNN a/k/a Timothy Lee Lynn, late of Berwick (died May 19, 2020), Tyrone J. Lynn, Executor; Robert A. Bull, Esquire, Law Offices of Bull & Bull, LLP, 106 Market St., Ber-wick, PA 18603

ESTATE OF JOHN F. McELWEE, JR., late of Plains (died February 14, 2020), Lisa M. McElwee, Admin-istratrix; Comitz Law Firm, LLC, 46 Public Sq., Suite 101, Wilkes-Barre, PA 18701

ESTATE OF LOUISE MARY ROD-GERS, late of Mountain Top (died April 13, 2020), Bernard J. Rod-gers, Executor; Stacey Acri, Es-quire, 275 E. Northampton St., Wilkes-Barre, PA 18702

ESTATE OF LORETTA SLAVINSKI, late of Wilkes-Barre (died June 22, 2020), Lisa Charnoski, Executrix; Sandra S. Kisailus, Esquire, 245 North River St., Wilkes-Barre, PA 18702

ESTATE OF MARIE R. SPINOSI a/k/a Marie Spinosi, late of Plains (died January 3, 2020), Lisa Goble, Administratrix; David W. Saba, Esquire, 345 Market St., Kingston, PA 18704

ESTATE OF HELEN M. YETTER, late of Fairfield Twp. (died April 15, 2020), Scott M. Yetter, Executor; Elizabeth A. White, Esquire, Mc-Cormick Law Firm, 825 West Fourth St., Williamsport, PA 17701

ESTATE OF JEAN ZAGORSKI a/k/a Jean C. Zagorski, late of Edwards-ville (died May 27, 2020), Janet Finkelstein, Executrix; Bregman & Lantz, LLC, 1205 Wyoming Ave., Forty Fort, PA 18704


35

ESTATE OF SUSAN ZERFOSS, late of Kingston Twp. (died October 29, 2019), Rodney Zerfoss, Adminis-trator; Bregman & Lantz, LLC, 1205 Wyoming Ave., Forty Fort, PA 18704

——————FICTITIOUS NAME

REGISTRATION———

An application for registration of the fictitious name:

DIAMOND SHINE DETAILZ1798 Slocum Rd., Wapwallopen, PA 18660 has been filed in the Department of State at Harris-burg, PA, file date May 19, 2020 pursuant to the Fictitious Names Act, Act 1982-295. The name and address of the person who is a party to the registration are Ja-son David Witner, 1798 Slocum Rd., Wapwallopen, PA 18660.

Aug. 7——————

NOTICE———

NOTICE HEREBY IS GIVEN that the Board of the Borough of Freeland Municipal Authority (the “Authority”), a Pennsylvania

municipal authority having its registered office at 711 Birkbeck Street, Freeland, Pennsylvania 18224, adopted a resolution pro-posing an amendment to its Ar-ticles of Incorporation (“Articles”), which was submitted for ap-proval to the Council of the Bor-ough of Freeland, Luzerne Coun-ty, Pennsylvania (the “Borough”). The Borough adopted a resolu-tion approving the proposed amendment, and the Authority intends to file the amendment to the Articles with the Secretary of the Commonwealth of Pennsyl-vania on or after August 17, 2020, under the Pennsylvania Municipality Authorities Act. The amendment would extend the term of existence of the Author-ity by adding the following lan-guage to the Articles:

“6. The term of existence of the Authority shall end on July 1, 2070.”

Borough of FreelandMunicipal Authority

Aug. 7


36

Luzerne CountyListed in Alphabetical Order by Last Known Zip Code

Luzerne County has unclaimed property waiting to be claimed.

For information about the nature and value of the property, or to check for additional names, visit www.patreasury.gov

Notice of Names of Persons Appearing to be Owners of Abandoned and Unclaimed Property

SEARCH UNCLAIMED PROPERTY

18201Abreu NatalieAcevedo ChristianAmerican Value VendingAncharski SherylBaldayaque MiguelBatista KennyBautista MiguelBriggs LarryBrioso Ruben DBrociner Helen MCastillo Jose AChesna CarolClifford Denise DColon BeatrizConahan Investment AssocConcepciontavarez IsidroDarby Edward KDeangelo Louis, GreteDeangelo JarrodDefluri Mary JDejesus AbigailDurso Annette EEdward D Jones & Co Cust LaputkaFulton George RGalve Xiomara SGarcia CalixtoGarey ToniGlassberg Daivd LGonzalez RosieGrayno NancyGreater HazletonGrohol IreneGuydish LaurajeanHernandez LillianHouseknecht BobbieHumboldt Industrial SupplyIsda Lodge Giovane Italia 44Ivettarroyo WandaKassick David A Est, David AKelly Cornelius L, Doroth MKlesh MichaelKostic Linda ALaputka Bayless Ecker CohnLfd Coffee IncLoger William F Jr, William F SrLopez Zunilda

Lyon Susan, RobMaccali RalphMarsicano HenrietteMarte Charina SMcpherson MiriamMejia TiburcioMontero KarinaMoyer Gail LMulhall JackNika RobertNoordwijk JohnNortheastern Pa Health CorpPagnotti Gail HPalusek MaryParedes PorfirioPegueromarrero VicentePerezd LourdesPortanova Michael JPorter MauriceQuinn GraceRadiation Medicine Assoc of HazletonRadishofski Gerald J, Jane ERamirez GilbertoRenner Jacqueline KRivera Pedro LRoberts JoannRodriquezvincente JoshuaRostar MaryRush Joseph C, Jeffrey, Joseph A, Joseph MSanchez MariaSantos Paez YermisonSapa Extrusions IncSapa IncSeamon Virginia M EstShuliga DavidSkasko Ronaldo, RonaldSleep Lab of NepaSleep Lab of Northeastern PennsylvaniaSlusser Brothers Trucking ExcavatSonia Medrano De AngoSpirito Mario DStanton LottiepStefanisko Frances, AndrewSweet JoshuaTapia IreneTarone James M


37

Taveras AltagraciaTaveras YasmilThomas RozaliaTorres Barbara NoemiUrash PaulineV Loshakov MD and AssocVicioso Cristian AWandish Antoinette EstZola Neil

18202Alspaugh LeeArias MiriamAspen Dental Associates of NepaBatista ZenaidaBennett JohnBolton IsraelCantor JoshuaCarvajal Emilio FCiampi Frank JDani LucianDecusatis JohnDuran RanyelEpalogistics IncFletcher MarionGottstein Contracting CorpJ and J Inn PartnersJustofin C EstJustofin Christopher DanielKelly Martin J JrKubicki TheodoreLayton Wallace WLewis Derrick LManville JohnsMarinez Tomas E EstMaselkevich D E, DoloresMclovich DanaMolina ElizabethMoliterno MonicaMorelli DoreenOffice MaxPennstaPerez NohemyPerez ThesbyPrado Ignacio HQuinn Timothy ARamirez Jose DRunkle Robert JrSarwar ToseefSolano Angel ASolaro Student HousingTaverna DianaTolan MaxwellVillamar AnissaVlasislaw ZuberZaroba Sylvia

18219Deegan KatherineMiller Bradley WPodlensy AndrewRomberger RichardWeeks William

18221Getsie Andrew

18222Bereznak DianeBruce RichardChristman GeraldDeangelo Ernest R, Joyce ADecatur Everett DEugene KobzaFarrell MaryGehres Anna MHogans Dominick THouser LillianLawhon Maryann SLerro Linda SPoluka Richard ARoberts Walter, DonnaRoman MabelSheth Shardul RSmith Frank C JrSwank Jeannette M, ScotTrivedi Mahesh N, Mina MUni Mart

18224Arnold MiriamAshman WilliamBellas MaryClark David HMcadams MatthewPolan Alvin FRodriguez Kelly A, John FRybarczyk EugeneSpetz Laura MSwank Dorothy HWhitehead Robert L Est

18225Stein William E III, William

18234Jazowski AmyKasha Vanessa R

18246Hutton Harry

18249Af LogisticsRh Cunfer Inc Randal CunRoskos Dolores M

18251Janney Montgomery Scott

18601Chebro HelenConfer Kenneth EMoran Meurita

18612Allen Marjorie L


38

Amory JayBack Mountain Fireman AssocBauerle Elizabeth Jane, Leslie WButlers Body ShopCampbell Edward MCook James M Est, MargaretDollard JosephEnlow Robert MurrayFredschielGermain Stanley GGilbert Matthew DGreen Graphics LlcHarrison JesicaHildebrandt Learning CentersHoover ShirleyJunior League of Wilkes BarKocher JeanpierreLabar ElwoodLatosek Jacqueline K, NatalieLewis WilliamLumia MelanieMaslowlumiakern Melanie AMchale Martin DMetz Culinary ManagementMillo Stephen MMorgan Camela , Morgan RonaldPedersen Jacqueline MQuality Collision IncRavichandran RamyaScalzo Daniel C, Arla AScott PaulaShippey Barbara AnnSleyo Ann LSmith Paul DSnowdon RichardWalmer Melissa LWard Michael A

18615Treat Kevin

18617Domashinski AndrewFigmic MikePrzekop Peter

18618Burrell Margaret JGranoski Frederick S JrKelley JosephLittle Warren JrSalazar Margaret

18621Berholtz JonathanBlackburn Lois LCornell TylerDemace TiffanyDownes Steven CEmployees Assoc RetreatFaith Bible ChurchGlassic Maureen JHillard FrankKush Jessica M

Slatky BarbaraStucker Tierany CorinneZugarek Martin C, Ann M

18622Bezdziecki Irene Ellen EstZettle Jessica

18634Amos ReneeBanner EdnaBarno JohnBevan JeffreyBidding Tammy ABiddingpellam CheyenneBloxham Danielle NicoleChristian Theodore, MildredDiaz Steven XFaust KennethFitzgerald Douglas EstFreytiz Nicole AGallery The EGanis ThomasGrabowski LoisGreenbaum AdolfJarrett WilliamJimmy Whispers IncKim ChungKline Matthew SKrull AliceMack WilliamMichaels HelenMulhern LoriNanticoke Democratic CommNanticoke Fire Dept CommNasradini JasminaOlszewski VictoriaOrmanowski Daniel JParsons ClaireRussell MelaniaSmith JanetSwithers Albert RThomas Orin OswaldVolinski MarkWalters EmmaYerecic Donald J Jr

18635Bagdoyan George EKnecht Joanne, Jay EWhitenights Autobody Fram

18640Aita AngelaBeer Sign ShoppeCar Lotta Car SalesDelaney Dorothy CFrick KeithGarra Andrew J JrGrimes John FHoppenfeld CarolineKelly Michele, MarkKmetz LindsayLebert Paulette


39

Maleski PatrickMartin Ann Marie, John PMary De PMccann Ronald J, CherylMccutcheon LoriMcfadden ChristineMcmanus Mary AMilazzo IndustriesMontagna Sharon AMorganti Angelo EstNorth Eastern LogisticsNovak MichellePatterson ShakidaRichards JamesRiverview Personal CareRoberts Barbara JRomanczuk B MSemenza PhilSheeley Robert BShimley RaymondShovlin George F EsqStasiak HelenTigue Paul EstateTommaselli ThomasTop Nails Salon d b a Sang LaymrToro Raymond JWelch Brian TWilk JosephineWillaims Ann

18641Borderline TavernCraft Oil CorporationEddyleon ChocolateFialkowsky Edward, StellaFrew DonaldHall Stella TMerrigan NicoleTaylor DavidTumavich Ann EZelinski Margaret

18642Boccardi HelenDobrowolski AdamDuszak ChesterMatthews William LMazaleski ConstantinMergel Cecelia ENestorick MichaelOdonnell Kristin JPiorkowski RobertSchott North AmericaShatrowskas Arlene MShyner George JWeiss Helen LYerashunas Frances

18643Aquilina EttoreBowser Bethany RCasterline Rae Ann JDelaney LubaDonahue JudithGilpin Geoffrey L

Hoban YolandaInt Med Assoc of ExeterKey Comp IncKrawczyk Rebecca RLibenson Steven BLipfert Gertrude LMarkowski JohnMedico William FNoble DonaldOdonnell Patricia RPiccirilli RosemaryPizzano Carmen JRobinson Mary Alice, James GSchwink Carl ISmith JasonStocker LenaZurenda Marianne

18644Barber Ford IncBellus JolynnBurgio JennieEdwards James BFarnsworth Julia AnnFeeney Michael JosephFellin MargaretFord JamesHildebrand ElizabetHinkle HannahHowell Walter EKelly BernadineKlocko KarlieLewis MalvinaLopuhovsky Joseph AMazza GinaNagle MaureenNorthern Luzerne Natural GasOwens David JPehala MaryPolk F TedPuma JoanReilly Sarah ASolomon Carol, FredThomas AustinUrbine Bernardine D EstWasserott ElizabethYarosz JohnYoung MarahZeisloft Tina

18651Boback Amy JeanneBogaczyk GregoryBurridge Chong Cha EstCasey David ECasey Jean B EstChan George DDwyer HedwigEder FlorenceHamm MichaelJanick Mary DKeating Catherine RKempinski Bryon DKruszka JanisMckenna Thomas


40

Meredick FrankMicheal Kevin HarveyMiller Daniel CMonco Finance CorpMooney GenevievOkane Sherra SOleary Debra AnnPhillips ShirleyShonk CherylShovlin DanielSmith HelenSzumigala CynthiaWalters Helen EstWhite DouglasWinslow RosalineZona Melanie

18655Belles Eloise A, Kevin TBlackburn Carl W, BettyGildein HelenGrosz LeonardGuthrie Robert, WendyHall EricaHardiman MichaelHearn LouieJohn Yurkoski Memorial Kobal Timothy JrSmith CarlSylvania Lodge 354 F & AmVencloski JamesWhitesell Brian DWido MichaelWilliams David L JrYoung Margaret C

18656Evans Colin BKramer David

18660Luzerne County Tax CollectorMichalkowski John, Joseph, Josephine CStclair Steven

18661Bulls Eye Construction CoEarley Kyle LucasEvans Charles David, Barbara AHambley Margaret, IvanHaven on 437Mitchell Cindy Lee EstMurray Charles EstatePatrick EdwardRossysanchez JadinetRufo ElaineSchies Wrecker and R-SerShea KathieSlovak Michael JStempien Luann, JohnYurish Joseph R

18701Bartos Charles

Becker KathleenBob Schuler Scholarship FundCatholic Social ServicesCelebrate Wilkes Barre IncCrouse Mary TCurtis Insurance LlcGeneral Community PharmacyGenewski Joseph CGubitose JanetHeller Funeral HomeHoban KathleenKaminski LillianKbj Holdings LlcKoval JohnLaw Offices of J Scott BradyLaw Offices of Todd A Jones ELisowski Z DoloresMarketplace VenturesMuteb AbdulazizNy Check CashingPlona FrankRatayski DonaldRita GlucRomanofski BarbaraScherbenco Bernadine RWhitecavage BettyWyoming Valley Catholic YouthYanko Joan NZabresky Jacqueline

18702A B F Freight Systems IncAmory Medical AssociatesAncient Order Hibernn AmAsuncion Charito BBalester David SBenjamin Brandy MBorne JasonBozek DeborahBrieling Wayne PBurns Dolores EstCaines Sadiqa ICampbell EdwardCarey RichardCecere JosephineChesla Stanley Est, Stanley SClinesmith BradleyCollins Kelly AConnor Mary TConway PatriciaConyers Joshua DCruz Nereida JCummings LeoCurry VirginiaDanilak JohnDasgupta PushpakDavis Randolph James JrDemelfi JennioDickinson CharlotteDon Wilkinson AgencyDonahue Paul JDonahue Sherry LynnDrobish MaryDuranvargas JocelinFields Herbert L


41

Flaherty James JForsythe Damien EGibson TydiesGomezfernandez Lisbeth NGonzalezsalas UlisesGoogins TanishaGreg Rock MortgagesGubitose Barbara A, Frank JHart PatriciaHartsfield LynetteHarvey PatriciaHenderson Krysta LHogrebe Marilyn, RobertHoldaway StevenHudanick Anne PJackson JoshuaJacobs OluJarman KathleenJean E FrettiJennings Brian, EleanorJones DresdenJones JohnKlynowsky Family PractKohl David PLa Wonder Corp T A Wonder NailLangille Herman SLineszy JaniyahLucas Clara CLucas JacobLucas NicholasMake A Wish Foundation Abraham and Irene NovzenMalys HollyMartorana Marion AMascioli Chelsey MMidlick Michael JrMigatulski MaryMikush Catherine, StanleyMiller Marcus PMorales Luis MMotorworld Automotive GroupMoules KennethMunicipality of Wilkes BarreNesler Rita MNortheast Revenue ServiceNorvada IncNovzen AbrahamOfori MichelOldziejewski Joseph ThomasOtlowski FrankPa Millworks LpPallando JosephPamb Political Action CommitteeParkin Elsie DPascucci Anita M EstPcs Computers IncPhillips ShawnPirolli John PReal Dm DReesemosley Mary AliceRiley James CRock Greg MRosiak LisaRowney CarterRushton John PSais Omar

Sanchez MidianScoble Dorothy JSearch DeanSedor David JohnSerafin Anna ExecSerafin MarySesny Paul AShaw WilliamShawn M Walker ShaSiemienkiew AnthonySmall CathySmith BrandiSmith Jerome JrSpence MarkSromovski JosephStanton LanesStefanski ToddStella AntoinetteSudol Arlene TTammac Holding CorpTapia ZenonThatch Yolanda LThomas KasineTogut Allen JohnTorony JeannieVargas MarioVernitsky ThomasWalkowiak Charlotte EstWard Anthony P, James AWaskie Anna MWasniewski RebeccaWheeler Charles EstWilcox KennethWilcox Thomas S JrWilkes Barre TownshipWilkesbarre Scranton PenguinsWilliam NavinWilliams JamesWilliams Linda JWilliams ThomasWinstead Willie KeithWmgs FmZielinski David, Frances

18703Bartikowsky JewelersWilkes Barre Naacp

18704Alliance Medical GroupBalut Irene BBaurys MyraBazil AndrewBeddall Paul RBelronBerbano Recaredo TBochancow Michael WBorrero MerariBrea JoselynCamacho IncCampas Leann Campas AClarkson Theodore ACrego Claire WCrevo Toni & Her AttorneysDennehey Marshall


42

Dennis EllenDileo Breanne ElizabethDixon ChristineDunstan MarionDymond Gary CEastern Auto Motor CorpEtowah Health Care CenterEyerman DeborahFellerman C LawFrank Cheryl, AlanGowisnok Mishael JGreenberg JulesGriffin Robert EHeim Sandra LHerbies Auto Body ShopHindi Musa AHochreiter IreneHogans RichardHotchkiss John PHoward F Hopson LynIvers Gerald LJames Jarski TheJohn Oliver Thomas EstKaczmarek Frank JKaslaskas Rose DKc WirlessKempa Sharon LKohli Robert RKoral David & His AttorneysKyttle RebeccaLesch John PatersonLichtenstein RyanLitwin MichaelLynch Beverly AMartin GeorgiaMcgough WilliamMcguire James WMchale Martin DMchale Maureen BMchale Regina M EstMcmanus BrendaMikolosko Richard, JaneMilewski JaniceNaturile Gina MNewtechbio IncPennrose Management CoPopeck MatthewRapson Anna MReinard JohnRoberts JohnRoese Carol LRosengrant RhondaRosenlof Erik DarwinRosenn HaroldRozelle SandraRushtonphillips Jennifer LRyan Denise ESajaadullah Rajzheke AmberSammons Danny CSandor LouiseSchmalz Sandra JScott Jennifer LScott Kevin WillaimSeman JuliaSherwood KatrinaSilinski Deborah

Sports HqStelma Michael GSteltz TanyaStormi Steel EnterprisesSulitka Christopher J, Marbee JSusquehanna Services IncTate David, DavieTecotl Alonso JuanThomas John OliverToole TaliaUlicny Mary Ellen, WilliamUsher RosemaryWorlinsky Daniel FWydowski Rose MYoung Richard CYoung Thomas RYurkin Mary AnnZermeno Ruben Arias

18705A&E Group IncCosgrove Joseph MatthiasEmmanuel E Jacob MdGendek Agnes H, VictorGiovine Linda JH Merritt Hughes FunIntermetro Industries CorpJerominski MargaretJohn V Morris Funeral HomeJoseph Mary MKuzminski AnnieLacomis WilliamLavelle Michelle JMarx Thomas JMensinger Damien MNutaitis RichardRinker Brian JSkutack Michael AVnuk BarbaraYoung WayneZerjav David

18706Allen Frank XBorum LindaChapasko ReginaClawson RogersCollins Felicia BCybuch Elizabet JCybuch MarionForlenza Catherine M, John PHarrison Jillian MHiner Stephen RJennings Eleanor EstJhwilliams & Co LlpJohnson Sharron LJudkins HollylynnKeller Rita MKen Pollock Auto Group IncKohl PaulLukasavage Amber M, James EMantiones Gas StationMas Family KitchenMcgeer BonnieMcnulty Anna


43

Monahan Gail EPstrak IreneRaub PhilipRay StanleySerafin Dora EstateShea MargaretSimon AbeStern Ursula VStier Joanne MSudol Lorraine MSzostak Richard FTolan Maxwell EricTucker ArleneVarhely Constance JWalton Raymond RWare LukeWasserotts Medicare ServicesWest Side Medical CompanyWillis GeorgeWilson PamelaWright Connie L, Rebecca

18707Andrew J Kudey LauBalon RichardBoulton Harold MCasterline Clara MCoffee BarbaraConway Joseph E, Stacy JCrestwood Area School DistrictCunningham Aurelia ECurley WilliamDunnum RickFairview TownshipGabrick MichaelGonsky Mark AHogan Thomas GKemp JohnKubik FennaLowe HenriettaMachowski Leigh Anne Putma, Barbara CustMahon Cathie LMao JinMendez ZoraidaMickowski ThomasMission FoodsMulinaro Cuinn FObrien Joan LPatel VijayRinehimer Nancy E

Ritter Jane BRodman James DRogan SeanRule Harold JSakowski PeterSanders Marissa T, Kristen LSchoch KristenSpace RobertStout DavidVanderveer RebeccaWalizer Samantha L, Robert WWilson Richard AWojnar Jan EYeager AdaZabinski Chester P, RosaZhang Xiaoqiao

18708Amos BettyAshley EmsAvoca Ambulance AssocBaker BrianKammen HowardKing VeronicaKirshner Roberta, SidneyKneal Brittany NMenichini JenniferMillsspeace CathyNatitus Anna M EstPitcavage MichaelSpeace George F IITwardowski Eleanor

18709Grille TheKascsak HelenStelmack Richard JUnion Petroleum Co

18711Blue Cross NortheasternDept of Veteran Affairs MedicalElite Spine and SportsFirst Priority Life Insurance CoHatcher TariekaLuzerne Cnty Chief ExecNemetz Elise MTabella Wbp InvestmentsWilkes Barre Area SdWilkes Barre Vamc Pharmacy

For information about the nature and value of the property, or to check for additional names, visit:

www.patreasury.gov

Aug. 7

DELI TO: VER

PERIODICAL PUBLICATION* Dated Material. Do Not Delay. Please Deliver Before Monday, August 10, 2020

established 1872 (cite vol. 110 luz. reg. reports) established …€¦ · and thursday: 8:30...

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