Vol. LVI Allentown, PA Friday, February 26, 2016 No. 87

44 Pages·2016·6.43 MB·English

Vol. LVI Allentown, PA Friday, February 26, 2016 No. 87
1
THE COURT
The Hon. Edward D. Reibman, President Judge
The Hon. Carol K. McGinley, Judge
The Hon. Robert L. Steinberg, Judge
The Hon. J. Brian Johnson, Judge
The Hon. Kelly L. Banach, Judge
The Hon. James T. Anthony, Judge
The Hon. Maria L. Dantos, Judge
The Hon. Michele A. Varricchio, Judge
The Hon. Douglas G. Reichley, Judge
The Hon. Alan M. Black, Senior Judge
LEHIGH LAW JOURNAL
(USPS 309560)
Owned and Published by
THE BAR ASSOCIATION OF LEHIGH COUNTY
1114 Walnut Street, Allentown, PA 18102
www.lehighbar.org
HON. WILLIAM H. PLATT, President
PATRICK J. REILLY, President-Elect
MICHELLE M. FORSELL, Vice President
JAMES J. KOzUCH, Secretary
SARAH M. JOLLY, Treasurer
SUSAN G. MAURER, Historian
THOMAS F. TRAUD, JR., Law Journal Committee
RAY BRIDGEMAN, Executive Director
SARAH MUSSEL, Case Editor
Copyright © 2016 Bar Association of Lehigh County
The Lehigh Law Journal is published every Friday. All legal notices must be
submitted in typewritten form and are published exactly as submitted by the
advertiser. Neither the Law Journal nor the printer will assume any respon-
sibility to edit, make spelling corrections, eliminate errors in grammar or make
any changes in content.
The Law Journal makes no representation as to the quality of services offered by
any advertiser in this publication.
Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102,
before 12 noon the preceding Tuesday. Telephone [phone]. Advance
issues $100.00 per year. Single copies $2.00. Payment of annual dues to the
Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law
Journal.
Printed at 206 S. Keystone Ave., Sayre PA 18840
Periodical postage paid at Allentown, PA 18102 and
at additional mailing offices.
POSTMASTER: Send address changes to The Lehigh Law
Journal, 1114 W. Walnut St., Allentown, PA 18102.
2
Classical Elegance
A graciousfacilityforyoursocialandbusinessevents....
weddings banquets parties exclusivelypartneredcaterers
www.thebarristersclub.com
1114WWalnutStreet
Allentown|610-433-6088ext.12
3
4
ALTERNATIVE DISPUTE RESOLUTION
CLYDE BARTEL
Efficient.
Affordable.
Effective.
MEDIBAuTiIlOdNing onA R3B5I yTeRaArTsI oOfN expeCrOieNnScUeLTING
in civil litigation,
and following his retirement, Attorney
Bartel is pleased to offer Alternative
Dispute Resolution services as an
BecauAsreb iAtrDatRo rS, Mhoeduiladto br,e a Andff Coorndsaubltlaen fto. r All.
ClydeBartel.com
For more information, please visit:
( )
Call: 215 862-3142 • Email: [email protected]
5
MEDIATION
ARBITRATION
MOCK TRIALS
• Hon. William E. Ford (Ret.) joins ADR
Options as a mediator and arbitrator,
available for immediate scheduling
• Judge Ford served as a Judge on the
Court of Common Pleas for 24 years,
handling every type of civil case
• He presided over hundreds of jury and
non-jury trials, settling countless matters
• Completed the Civil Mediation Program
of the National Judicial College
• Judge Ford represented both plaintiffs
and defendants through trials and
settlements during his civil litigation
Hon. William E. Ford
practice from 1979 to 1991
(Ret.)
• He began his legal career as a
Judge Advocate in the United States
Marine Corps
• Working as a prosecutor in addition to
his time as Judge Advocate gave him
invaluable trial experience
• Judge Ford has disseminated his
law expertise through teaching
undergraduate and graduate law courses
at three colleges, as well as presenting
various programs for members of the bar
• His trial opinions have been regularly
covered in the Pennsylvania Law Weekly
• The Judge is an honors graduate of
2001 Market Street, Suite 1100 DeSales University and received his
Two Commerce Square
Juris Doctorate from The Dickinson
Philadelphia, PA 19103-7044
School of Law
Phone: [phone]
215-564-1775 • Judge Ford is a partner in Ford Law Office
adroptions.com based in Allentown
6
ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in disciplinary
matters and matters involving ethical issues, bar admissions
and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,
Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing
Legal Education Board of the Supreme Court of PA • Former Chairman,
Supreme Court of PA Interest on Lawyers Trust Account Board • Former
Federal Prosecutor • Named by his peers as Best Lawyers in America 2015
Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”
1818 Market Street, 29th Floor, Philadelphia, PA 19103
[phone]
The BALC Facebook page is
updated regularly with meeting reminders and event
notices, and includes photo albums, discussion
boards, links, and much more. “Like” us at
www.facebook.com/BarAssociationLehighCounty
7
Attorney needed
Opening for Medical-Legal Advocate to work in Allentown
hospital and Bethlehem office of North Penn Legal Services.
Bilingual in Spanish preferred. Practice experience required.
See job details at “careers” at www.northpennlegal.org.
Reply via e-mail to [email protected], ref.
02122016LVattny. EOE.
PArAlegAl—PArt-time needed
Opening for part-time paralegal to work in Medical-Legal
Advocacy program in Allentown hospital and Bethlehem of-
fice of North Penn Legal Services. Strong preference for
Spanish speaker. Some experience required. See job details
at “careers” at www.northpennlegal.org.
Reply via e-mail to [email protected], ref.
02192016paraLV. EOE.
2-26
8
lAW PrACtiCe mergeS
Steckel and Stopp, LLC is pleased to announce that effec-
tive January 1, 2016, the Law Office of Attorney Frank M.
Skrapits at 2152 Main Street, Northampton has merged with
the Law Offices of Steckel and Stopp, LLC. The historic
Northampton office location of Attorney Skrapits will be part
of the Steckel and Stopp office group.
Attorney Skrapits is a veteran of the United States Marines.
He received his undergraduate degree from Dickinson Col-
lege in 1953 and graduated from Georgetown Law School in
1956. After being admitted to the Bar, Attorney Skrapits
returned to Northampton Borough, where he began a private
practice spanning several decades from 1959 to present.
Attorney Stephen A. Strack of the Law Offices of Steckel
and Stopp has been serving, representing and counseling
clients at Attorney Skrapits’ office at the Northampton loca-
tion for the past twelve years and will continue to do so. The
Law Offices of Steckel and Stopp also serve clients through
three other office locations, namely: 1036 Main Street, Sla-
tington, 125 South Walnut Street, Slatington and 4331 Route
309, Schnecksville.
2-26
9
800 Commonwealth vs. Hernandez-Andino
COMMONWEALTH OF PENNSYLVANIA vs.
EUGENIO HERNANDEZ-ANDINO, DEFENDANT
Motion to Suppress—Custodial Interrogation—Confession—
Miranda Warnings—Voluntary Waiver—Miranda Waiver
Form—Translation of Miranda Rights.
Detectives properly informed defendant of his Miranda rights, so that his subsequent
confession was admissible at trial. Although defendant claimed to speak limited English,
he appeared to understand his rights when given in English, did not request an interpreter,
and was provided and signed a waiver form which set forth his rights in both English and
Spanish.
In the Court of Common Pleas of Lehigh County, Pennsyl-
vania—Criminal Division. No. CP-39-CR-0519-2015. Common-
wealth of Pennsylvania vs. Eugenio Hernandez-Andino, Defendant.
Steven M. LukSa, eSquire, Chief Deputy DiStriCt attorney,
on behalf of the Commonwealth.
John f. Baurkot, eSquire, Deputy puBLiC DefenDer, on
behalf of the Defendant.
AMENDED OPINION
forD, J., August 24, 2015. Defendant, Eugenio Hernandez-
Andino, is charged with criminal homicide under 18 Pa. C.S.
§2501(a). According to the criminal information, defendant stabbed
Jose Reyes-Espinosa to death on January 22, 2015.
On April 13, 2015, defendant filed an omnibus pretrial mo-
tion. Through this motion, defendant seeks suppression of the
confession he made to detectives of the Allentown Police Depart-
ment (APD) during a custodial interview conducted on January
23, 2015. In seeking suppression, defendant argues that he did not
knowingly, intelligently and voluntarily waive his Miranda rights
prior to giving his confession. Specifically, defendant claims that
he has a limited understanding of English and this prevented him
from understanding the Miranda warning given in the English
language by the detectives. Defendant asserts that allowing his
confession to be presented at trial would constitute a violation of
his constitutional rights and that the statements must therefore be
suppressed. The omnibus pretrial motion also contains a motion
to compel discovery.
10
Lehigh 7-17 op