WASHINGTON COUNTY REPORTS

Transcription

1 OFFICIAL LEGAL PERIODICAL FOR WASHINGTON COUNTY, PENNSYLVANIA. ESTABLISHED MARCH 31, PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION SINCE JANUARY 1, VOL. 96 THURSDAY, JUNE 30, 2016 No. 49 Serving the Legal Community of Washington County TABLE OF CONTENTS Washington County Court of Common Pleas Calendar... 2 Obiter Dictum... 3 Washington County Bar Association Calendar... 4 Register s Audit July Audit... 5 Estate Notices... 6 Corporation Notices... 9 Miscellaneous Notices... 9 Commonwealth v. Stebler CONTAINING FOR TEMPORARY USE ADVANCE SHEETS OF THE DECISIONS OF THE JUDGES OF THE 27TH JUDICIAL DISTRICT OF PENNSYLVANIA AND THE OFFICIAL LEGAL NOTICES AND ADVERTISEMENTS OF THE SEVERAL COURTS OF THE COUNTY OF WASHINGTON, PENNSYLVANIA.

2 2 JUDGES OF THE COURT OF COMMON PLEAS Katherine B. Emery, P.J., John DiSalle, Gary Gilman, Valarie Costanzo, Michael Lucas Judge of the Term... June Costanzo, J. Judge of the Term... July Lucas, J. MOTIONS 2016 General Civil... Judge of the Term (9:15am, Monday-Friday) Criminal (June)... Lucas, J. P. Judge Katherine B. Emery... Tues. through Fri. at 9:15 am Judge John DiSalle Tues. and Thurs. at 9:15am Judge Gary Gilman Tues. through Fri. at 9:15 am Judge Valarie Costanzo... Wed. 9:30 am for individuals with counsel; 1:30 pm if the moving party does not have counsel. Judge Michael Lucas. Monday at 1:15 pm and Thurs. at 8:30 am Motions in unassigned civil cases will continue to be heard by the Judge of the Term Monday through 9:15 a.m. COURT OF COMMON PLEAS CALENDAR Criminal - Trial Weeks... July 11-15, 2016 Civil - Trial Weeks... July 11-15, 2016 Orphans Court - Next Audit... July 7, 2016 Orphans Court deadline to file accounts for Sept Audit... Aug. 9, 2016 Sheriff s Office - Next Sheriff s Sale... July 1, 2016 last day to file Executions in Prothonotary s for Oct sale... July 22, 2016 last day to file Executions in Sheriff s office for Oct sale... July 29, 2016 COMMONWEALTH COURT... Convenes in Pittsburgh... Nov , 2016 SUPREME COURT... Convenes in Pittsburgh. Oct. 31 Nov. 4, 2016 SUPERIOR COURT... Convenes in Pittsburgh... July 18 22, 2016 is owned & published by the Washington County Bar Association, 119 South College Street,. Phone Fax Washington County Reports does not edit any legal advertisement for substance or content, only for format of the publication. ADVERTISEMENTS due Friday at Noon for publication the following Thursday (holidays may alter deadline). Editor and General Manager: William E. Speakman Jr., Esq. ~ Business Manager: Sherri A. Paige. Periodical Postage paid at. Washington County Reports USPS SUBSCRIPTION RATE. $ Weekly Issues. COPYRIGHT 2016 WCBA. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by electronic, mechanical, photocopying, or any other means without the prior written permission of the copyright holder.

3 3 OBITER DICTUM Is a firm still a law firm if it calls itself The Law Store and is located inside a Wal-Mart? The firm s chief public relations officer, who is also a lawyer, says yes. The Law Store focuses on basic transactional matter with menu-style pricing and no charge for the initial consultation... (From Weekly Edition 22 of Bar Leader)... Kaine Law, has offices inside three Atlanta-area Wal-Marts. Kaine says that he opened his first Wal-Mart office in 2012 before expanding to two additional stores last year. Like many lawyers, Kaine had seen the statistic about how 80 percent of all low-income Americans have unmet civil legal needs. To that end, he came up with the idea to set up shop in an area where most of those under-represented people shop. Kaine says his offices are full service, although he emphasizes that he has built up relationships with a number of other local firms that specialize in different areas of the law and often refers work to them. In fact, he estimates that he only keeps about 20 percent of the cases that come into the Wal-Mart offices. Kaine says the Wal -Mart offices operate on a fixed fee basis and even offer a number of free services, including a basic last will and testament and notary public services. It s about being able to offer a service to the community, he says. We have to minimize the stigma of expensive attorneys. There s a reason why Kaine s Wal-Mart offices have received very little publicity. We kept it quiet for a number of reasons, he says. The legal industry does not welcome change and we wanted to make sure our model was sustainable before we went public with it. Indeed, he s kept such a low profile that when The Law Store opened offices inside Wal- Marts in Joplin and Neosho, Missouri, on June 1, they believed that they were the first firm in America to do it. [Ed. note: See previous item] According to Kurt Benecke, chief operating officer of The Law Store, the firm had been analyzing the legal market for over a year and could see a giant gap in terms of delivery of legal services between traditional hourly rate lawyers and do-it-yourself sites like LegalZoom. People were not getting the legal services they needed, Benecke says. We wanted to step into that gap and provide legal services for everyday people. When the local Wal-Mart started looking for additional services to provide for their customers, The Law Store jumped at the opportunity. Wal-Mart is where people go, Benecke says. The activity of the community used to center around the city square. Now it s Wal-Mart. Similarly to Kaine Law, Benecke says The Law Store is full service. Unlike their Atlanta counterparts, The Law Store actually handles a variety of cases without referring them to other firms. The firm handles estate planning, family law, traffic violations and misdemeanors and some personal injury and workers compensation claims. According to Katrina Richards, the head of public relations for the firm, The Law Store provides a menu of its services and will charge clients a fixed fee. We want to be as transparent as possible, Richards says. We want the consumer to know what they re purchasing and what their price will be. No hourly billing. Richards says the firm will also offer fingerprinting services and are currently in talks to become a Transportation Security Administration precheck provider. Meanwhile, Benecke plans on utilizing technology to help better serve the firm s clients. The Law Store provides clients with an online portal so that they may track their cases. Additionally, clients can fill out forms at home and submit them through the portal. We re building a platform that will allow us to become more automated, Benecke says. That way we can be more efficient and user-friendly. Plus, it allows us to reduce our overhead and enables us to pass those savings to the customer. In the meantime, both Kaine Law and The Law Store hope to expand to more Wal-Marts. The Law Store will be moving into five more Wal-Marts by the end of the year (two in Dallas and three in Missouri)... (From an article by Victor Li which appeared in the ABA Journal OBITER DICTUM CONTINUED ON PAGE 22

4 4 WASHINGTON COUNTY BAR ASSOCIATION CLEs and CALENDAR OF EVENTS 7/13 Noon Board Meeting WCBA 7/14 Annual Bar Picnic, Steak Fry & Golf Outing Nemacolin CC 7/25 4:00 Real Property, Probate & Trust Sec. Mtg Jury Lounge 7/25 4-5pm Orphans Court Updates & Issues (1CLE) Jury Lounge 8/5-7 Summer Bench/Bar Conference Pittsburgh 9/7 Noon WCBA Member Roundtable WCBA 9/9 6:00 Annual YLD v. Senior Softball Challenge Lew Hays Field 9/27 tba WCBA Meeting & CLE The Bonehead Plah (Mark Yochum) Hilton Garden Inn 10/5 Noon WCBA Member Roundtable WCBA 10/24 Tba WCBA Meeting, Election & CLE Malpractice Avoidance Meadows Casino 11/2 Noon WCBA Member Roundtable WCBA 11/18 Annual Bar Banquet Southpointe Golf Club PBI - CLE PBI Seminars are held at WCBA offices, 119 South College Street, Washington, PA, unless noted. Register for PBI seminars through PBI at or Register for WCBA CLE seminars through WCBA at (Note PBI costs: PBA members practicing 5+ years/new Admits < 5 years.). Any person requiring special PBI arrangements for a disability contact Zina Barlup at ext at least 10 days before the course. PBI RESERVES THE RIGHT TO CANCEL ANY SEMINAR 10 DAYS PRIOR IF TWO OR FEWER PEOPLE ARE PRE-REGISTERED. 7/15 9-5:00 6/0 $299/319 The Strategic Negotiator 7/ /1 $299/319 Advanced Mediation Techniques 9/16 9-5:00 5/1 $299/319 Get Organized and Get Things Done 9/ :20 3/0 $349/369 The Estate Planners Income Tax Playbook

5 5 NOTICE OF MARY JO POKNIS REGISTER OF WILLS AND EX-OFFICIO CLERK OF THE ORPHANS COURT DIVISION, COURT OF THE COMMON PLEAS, WASHINGTON, PENNSYLVANIA The following fiduciaries have filed their respective accounts in the Office of the Clerk of the Orphans Court of Washington County ACCOUNTS FILED IN THE REGISTER S OFFICE TO JULY 7, 2016 AUDIT NO. ESTATE ACCOUNTANTS ATTORNEY GREENLEE, Donald E. Sheryl Vuich, Executrix... Daniel M. Flynn, Esq JOHNSTON, Judith I. aka Judy aka Judith Irene Frank Arcuri, Executor... Frank Arcuri, Esq MANCINI, Rose L. aka Rose Liberata Michael Peduzzi, Executor... John A. Rodgers, Esq TKALCEVIC, Steve Roger W. Glazier, Ancillary Executor... Brett Clancy, Esq. PARTIES INTERESTED ARE HEREBY NOTIFIED THAT AN AUDIT LIST WILL BE MADE UP OF THE AFOREMENTIONED ACCOUNTS AND THAT SAID AUDIT IS SCHEDULED FOR JULY 7, 2016 AT 9:30 A.M., COURTROOM #1 BEFORE THE HONORABLE KATHERINE B. EMERY, JUDGE Mary Jo Poknis, Register and Ex-Officio Clerk of the Orphan s Court Division of the Court of Common Pleas of Washington County, PA 7)48-2 WASHINGTON COUNTY BAR ASSOCIATION BOARD OF DIRECTORS 2016 President: Edward C. Morascyzk President-Elect: Stephanie Sewak Vice-President: Susan M. Key Secretary: Frank C. Roney, Jr. Treasurer: Blane A. Black Immediate Past-Pres.: L. Dawn Haber Young Lawyers Division: Josh Camson- President Jarrod Takah, President-elect Board Members: Jana Grimm (2016) Joyce Hatfield-Wise (2016) Damon J. Faldowski (2017) Patrick R. Grimm (2017) dericci Getty (2018) Eugene Julian (2018)

6 6 ESTATE NOTICES The Register of Wills has granted letters testamentary or of administration in the following estates. Notice is hereby given to all persons indebted thereto to make payment without delay and to those having claims or demands to present them for settlement to the Executors or Administrators or their attorneys. FIRST PUBLICATION BUBNASH, HAZEL D., a/k/a HAZEL D. DELBROOK, late of Washington, Washington Co., PA; Executrix: Cathy Gallo, 390 Kenneth Drive, Belle Vernon, PA 15012; Attorney: Mark E. Ramsier, 823 Broad Avenue, Belle Vernon, PA FODOR, BRITTANY LYNN, late of Finleyville, Washington Co., PA; Administrator: Ron Allen Harpley, Sr., c/ o 564 Forbes Ave., Suite 1008, Pittsburgh, PA 15219; Attorney: Deborah A. Liotus, 564 Forbes Ave., Ste 1008, Pittsburgh, PA GIORGI, ORLANDO, a/k/a ORLANDO L. GIORGI, late of Charleroi, Washington Co., PA; Executor: Nino Giorgi, 302 Meadow Avenue, Charleroi, PA 15022; Attorney: Keith A. Bassi, Bassi, Vreeland & Associates, P.C., PO Box 144, 111 Fallowfield Ave., Charleroi, PA JOHNSON, ANNETTE, late of Donora, Washington Co., PA; Administratrix: Pamela Johnson, 154 Highland Terrace, Donora, PA LENHART, MARY ANN, a/k/a MARY LENHART, late of North Charleroi, Washington Co., PA; Executrix: Denise M. Lenzi, 786 Cassidy Ave., Monongahela, PA 15063; Attorney: Keith A. Bassi, Bassi, Vreeland & Associates, P.C., PO Box 144, 111 Fallowfield Ave., Charleroi, PA LUDWIG, DOROTHY F., late of North Franklin Township, Washington Co., PA; Administrator CTA: Gerald J. Smith, 459 Franklin Terrace, ; Attorney: Stephanie M. Sewak, 11 East Beau St., PETRIS, GENO E., a/k/a GENO EMILIO PETRIS, late of Peters Township, Washington Co., PA; Executrix: Laura L. Simmons, 125 Judith Drive, Venetia, PA 15367; Attorney: Todd A. Fuller, Brenlove & Fuller, LLC, 401 Washington Avenue, Bridgeville, PA SCHMIDT, EVELYN A., late of North Franklin Township, Washington Co., PA; Executrix: Sharon E. Conley, 830 Scenic Drive, Washington, PA SMITH, JAMES E., a/k/a JAMES ELMER SMITH A/K/A JAMES SMITH, late of Midway Borough, Washington Co., PA; Executrix: Linda J. Roman, 1160 Bower Hill Road, Apt. 714B, Pittsburgh, PA 15243; Attorney: David S. Posner, Goldfarb, Posner, Beck, DeHaven & Drewitz, 26 South Main St., Suite 200, WHITE, DONALD R., a/k/a DONALD RICHARD WHITE, late of Canton Township, Washington Co., PA; Executrix: Denise L. White, 1056 West Wylie Avenue, ; Attorney: Daniel P. Gustine, Peacock Keller & Ecker, LLP, 70 East Beau St., SECOND PUBLICATION ADAMS, MARGUERITE I., a/k/a MARGUERITE IRENE ADAMS, late of Washington, Washington Co., PA; Executor: Kenneth C. Bush, 898 Clifton

7 Road, Bethel Park, PA 15102; Attorney: John T. Hofrichter, 144 North Main St., BAKER, NANCY R., late of McDonald, Washington Co., PA; Executrix: Renee G. Lucas, 45 Caleffe Road, McDonald, PA BREESE, SALLY D., late of South Strabane Township, Washington Co., PA; Administrator: Charles R. Piatt, 420 Locust Avenue, ; Attorney: Thomas O. Vreeland, Bassi, Vreeland & Associates, P.C., 62 East Wheeling St., Washington, Pa GUSKEY, MELVIN, late of Peters Township, Washington Co., PA; Executrix: Nancy Bercik, 932 Venetia Road, Venetia, PA 15367; Attorney: Chester V. Beattie, 420 Fort Duquesne Blvd., Ste 700, Pittsburgh, PA KERNISKY, DAVID JON, late of Monongahela, Washington Co., PA; Administrator: James M. Kernisky, 11 High Street, Monessen, PA KRUSEC, JOSEPH M., a/k/a JOSEPH M. KRUSEC, JR., late of Donora Borough, Washington Co., PA; Executrix: Rosemarie Kopanic, 43 Second St. Extension, Donora, PA 15033; Attorney: Thomas B. Kostolansky, 617 McKean Avenue, Donora, PA LAUTHER, PEARL AILEEN, a/k/a AILEEN LAUTHER, late of Donegal Township, Washington Co., PA; Executor: Donald L. Lauther, 225 Old Scales Road, ; Attorney: John A. Rodgers, Peacock Keller & Ecker, LLP, 70 East Beau St., McDONOUGH, MICHAEL P., late of Washington, Washington Co., PA; Executor: Mark McDonough, 52 Brookhaven Avenue, Washington, PA 15301; Attorney: Robert N. Clarke, 15 West Beau St., 7 METCALFE, MILDRED L., a/k/a MILDRED LOUISE METCALFE, late of Carroll Township, Washington Co., PA; Executor: Roger D. Metcalfe, 3429 Fawn Valley Lane, Finleyville, PA 15332; Attorney: J. Lynn DeHaven, Goldfarb, Posner, Beck, DeHaven & Drewitz, 26 South Main St., Ste 200, PATMON, EVA M., late of Canonsburg, Washington Co., PA; Executrix: Nettie J. Bullitt, 965 Rivermont Drive, Apt. 205, Pittsburgh, PA 15207; Attorney: Fred J. Sentner, 142-A McClelland Road, Canonsburg, PA PORCARO, SARAH M., late of Washington Co., PA; Executor: Terry Carter, 801 Woodland Avenue, Hinsdale, IL 60521; Attorney: Roger J. Gaydos, 407 Oak Spring Road, Canonsburg, PA SCIACCA, MARY M., late of Borough of Charleroi, Washington Co., PA; Executor: Victor F. Sciacca, 25 Montraver Dr., Monessen, PA 15062; Attorney: Blane A. Black, 223 Second St., Monongahela, PA THIRD PUBLICATION BINOTTO, SR., JOHN, late of McMurray, Washington Co., PA; Executors: Jeanine Smith, 112 Cedar Drive, McMurray, PA 15317, and Larry Binotto, 277 E. McMurray Rd., McMurray, PA 15317; Attorney: Jana Phillis Grimm, Steptoe & Johnson PLLC, 11 Grandview Circle, Ste. 200, Canonsburg, PA CALABRO, JOSEPHINE M., late of South Strabane Township, Washington Co., PA; Executors: Agostina Celeste Calabro, 1361 N. Sheridan Ave., Pittsburgh, PA 15206; Pasquale J. Calabro, 262 Hickory Ridge Rd.,

8 8 ; Attorney: John A. Rodgers, Peacock Keller & Ecker, LLP, 70 East Beau St., CHESNIC, LEO D., a/k/a LEO DONALD CHESNIC, late of North Strabane Township, Washington Co., PA; Executor: David Lochner, 1117 Vista Hill Road, Canonsburg, PA 15317; Attorney: James P. Liekar, 38 West Pike Street, Canonsburg, PA CIANELLI, ANGELO, late of South Strabane Township, Washington Co., PA; Executrix: Mary Ann Child, 3639 Gundry Avenue, Long Beach, CA 90807; Attorney: Patrick C. Derrico, Greenlee, Derrico & Posa, 30 East Beau St., Suite 325, DEEP, FLORA, late of Canonsburg, Washington Co., PA; Executor: Avigail Deep, 422 Franklin Street, Canonsburg, PA 15317; Attorney: Roger J. Gaydos, 407 Oak Spring Road, Canonsburg, PA FAUTH, JOHN W., late of McMurray, Washington Co., PA; Executrix: Catherine C. Snyder, c/o C. E. Kurowski; Attorney: C. E. Kurowski, 165 Laddie Drive, FREEMAN, CAROLYN F. KIRCHNER, a/k/a CAROLYN FRANCES FREEMAND a/k/a CAROLYN K. FREEMAN, late of Wellsburg, Brooke County, West Virginia; Executor: Lawrence M. Freeman a/k/a Lawrence M. Freeman, Sr., 1756 Rabbit Hill Road, Wellsburg, WV 26070; Attorney: Thomas O. Vreeland, Bassi, Vreeland & Associates, P.C., 62 East Wheeling St., LAUGHLIN, DOROTHY T., late of McDonald, Washington Co., PA; Executors: Brian Laughlin, 3105 Abeline Road, Spring Hill FL 34608; Ronald Laughlin, 379 Profio Road, McDonald, PA 15057; Attorney: Loretta B. Kendall, 364 E. Lincoln Ave., McDonald, PA LENART, JR., CHARLES W., a/k/a CHARLES W. LENART, late of North Strabane Township, Washington Co., PA; Administrator: Patrick L. Lenart, 407 Linnwood Road, Eighty Four, PA 15330; Attorney: Frank C. Roney, Jr., 382 West Chestnut St., Ste 102, LOAR, VIVIAN VERDERBER, a/k/a VIVIAN JEAN LOAR a/k/a VIVIAN V. LOAR a/k/a VIVIAN J. LOAR, late of Washington, Washington Co., PA; Executrix: Leslie Ann Loar, 299 Dewey Avenue, ; Attorney: Justin Ellis, Zacharia & Brown, 111 West McMurray Road, McMurray, PA MARRY, NELLO SAMUEL, late of Washington, Washington Co., PA; Executor: Mark Kevin Marry, 140 Lawrence Avenue, Washington, PA 15301; Attorney: J. Lynn DeHaven, Goldfarb, Posner, Beck, DeHaven & Drewitz, 26 South Main St., Ste 200, PASKUTIS, THOMAS, a/k/a THOMAS STANLEY PASKUTIS, late of Smith Township, Washington Co., PA; Executor: Thomas Steven Paskutis, 2522 Scott St., Kannapolis, NC 28083; Attorney: John B. Zonarich, Skarlatos Zonarich LLC, 17 S. 2 nd St., 6 th Fl., Harrisburg, PA THOMAS, SR., HERBERT L., late of Donora, Washington Co., PA; Executrix: Florence E. Thomas, Water Fowl Way, Upper Marlboro, MD WELCH, DOROTHY B., late of Finleyville, Washington Co., PA; Executor: Christopher B. Konchak, 527 Clemesha Ave., Pittsburgh, PA 15226

9 CORPORATION NOTICE FICTITIOUS NAME NOTICE is hereby given pursuant to the provisions of Section 311 of Act (54 Pa. C.S. Sec. 311), that a certificate was filed in the office of the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, for the conduct of a business in Washington County, Pennsylvania, under the Limited Liability Company Law of The assumed or fictitious name, style or designation is GRANDVIEW ESTATES OF ELIZABETH. Gary T. Vanasdale, Esq. Gilliland Vanasdale Law Office, LLC 1667 Route 228, Suite 300 Cranberry Township, PA )49-1 FICTITIOUS NAME NOTICE is hereby given pursuant to the provisions of Section 311 of Act (54 Pa. C.S. Sec. 311), that a certificate was filed in the office of the Secretary of the Commonwealth of Pennsylvania, at Harrisburg, for the conduct of a business in Washington County, Pennsylvania, under the Limited Liability Company Law of The assumed or fictitious name, style or designation is THE BROLUMPICS, with its principal place of business located at 409 Mary Lane, Canonsburg, PA )49-1 INCORPORATION NOTICE NOTICE is hereby given that Articles of Incorporation were filed with the Department of State of the Commonwealth of Pennsylvania at Harrisburg, PA on the 7th of June, 2016, 9 with respect to a Domestic Business corporation which has been organized under the Pennsylvania Business Corporation Law of The name of the corporation is INFINITY ROBOTICS, INC. 2)49-1 MISCELLANEOUS IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CIVIL DIVISION NO Carmen Putorti and Lisa A. McFarland and Lane C. McFarland, Plaintiffs, vs. Sarah J. Hagerty, and The Board of National Missions of The Presbyterian Church in the United States of America kna The Commission of Ecumenical Mission and Relations of the Presbyterian Church in the United States of America their heirs, successors, and assigns, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or by objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money or property or other rights important to you.

10 10 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Southwestern Pennsylvania Legal Aid Society 10 West Cherry Ave. Phone: (724) Lawyer Referral Service 119 South College Street Phone: (724) To The Defendants: Take Notice that a Quiet Title Action has been filed against you to extinguish any rights you may have in oil and gas rights set forth in deed from C.C. Johnson, Assignee of Lou A. Russell to Henry Borcher recorded in the Office of the Recorder of Deeds of Washington County in Deed Book 285 page 254 and referred to in the will of Sarah Hagerty at will book No. 50, page 186 in the Washington County Register of Wills. Sarah Hagerty died in Cumberland County, PA in James P. Liekar, Esquire 4)49-1

11 11 COMMONWEALTH V. STEBLER Defendant was charged with Homicide by Vehicle and Aggravated Assault by Vehicle as a result of a fatal car crash. Defendant filed a Motion in Limine seeking, inter alia, to exclude introduction of or reference to Blood Alcohol Content laboratory test results, alleging that admission of such would violate Defendant s rights under the Sixth Amendment s Confrontation Clause. The trial court, DiSalle, J., held that the Blood Alcohol Content test results were inadmissible as their introduction through a surrogate analyst would violate Defendant s rights under the Confrontation Clause. Motion in Limine Granted in part. [1] Criminal Law - Use of documentary evidence The Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made for the purpose of proving a particular fact, through the in-court testimony of a scientist who did not sign the certification of perform or observe the test reported in the certification. U.S.C.A. Const. Amend.6. [2] Criminal Law Use of documentary evidence The accused s right under the Confrontation Clause is to be confronted with the analyst who made a testimonial certification for the purpose of proving a particular fact, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross -examine that particular scientist. U.S.C.A. Const.Amend.6. [3] Criminal Law - Use of documentary evidence Admission of defendant s blood-alcohol content (BAC) test result, without a showing that the testifying laboratory technician actually performed the testing, would violate defendant s Sixth Amendment right to confrontation, even though the technician testified concerning chain of custody of records in the lab, the equipment used for the testing, and the procedures for the test. U.S.C.A. Const.Amend. 6. OPINION & ORDER This matter comes before the trial court upon consideration of Defendants Motion in Limine, filed November 20, For the reasons set forth herein, the Motion in Limine is Granted in part. Factual and Procedural History: Jamie Lee Stebler (hereinafter Defendant ) was charged with Homicide by Vehicle, Aggravated Assault by Vehicle, and several summary Vehicle Code infractions arising from a two vehicle collision which occurred on September 3, As a result of this collision, Kayla Bertolli, the passenger in Defendant s vehicle, was killed, and Jonathan Kubinsky, the driver of the second vehicle, suffered serious injuries. The Commonwealth asserts that staff at Allegheny General Hospital (AGH) drew samples

12 12 of Defendant s blood as part of their trauma protocols, and that subsequent tests showed that Defendant s Blood Alcohol Content (BAC) was 0.205% at the time the blood was drawn. The Commonwealth filed the instant charges against Defendant, but originally, those charges included counts of Homicide by Vehicle while DUI and Aggravated Assault by Vehicle while DUI, based on the BAC shown by the blood test. However, the Commonwealth withdrew those DUI related charges in November of 2013, citing issues with its ability to prove those charges beyond a reasonable doubt, including the lack of chain of custody evidence regarding the blood samples. Defendant filed a Motion in Limine on November 20, 2014 seeking to (1) exclude photographs depicting the body of the deceased, (2) exclude any reference to the BAC listed in the test results, and (3) dismiss the charge of Aggravated Assault by Vehicle. In response to this Motion, the Commonwealth issued subpoenas requesting Defendant s complete medical records. A hearing was held regarding this Motion on June 5, 2015, wherein the Commonwealth presented the testimony of Heather Erickson and Dilip Kothari. Heather Erickson stated in her testimony that, at the time of the incident, she was a paramedic at AGH whose duties included drawing blood for testing, but that she had no independent recollection of either being on duty the night of the incident or being the person who drew Defendant s blood. However, the Commonwealth presented hospital records that listed Heather Erickson as the person who drew the blood. Dilip Kothari testified that he was a laboratory analyst at AGH at the time of this incident, and he explained the normal procedures of the testing which occurs in situations such as the one presented here. He also stated that he had no recollection of either being on duty that evening or performing the tests on Defendant s blood. Although the Commonwealth proffered that Mr. Kothari was the laboratory analyst who tested Defendant s blood, the hospital records admitted into evidence did not substantiate this. The Commonwealth presented no other documentation which established that Mr. Kothari was the person who performed the testing on Defendant s blood sample. Legal Analysis: This matter comes before the trial court on the Motion in Limine filed by Defendant on November 20, 2014, seeking, inter alia, to exclude the introduction of BAC test results obtained from AGH. Defendant asserts that allowing reference to be made to those results at trial without the Commonwealth first presenting the laboratory worker who performed the tests or analysis on September 3, 2011 to authenticate those results would violate Defendant s Sixth Amendment Right to Confrontation. Therefore, Defendant asserts that the BAC evidence is inadmissible. [1][2] The Supreme Court of the United States recently held that testimony regarding a laboratory report containing a testimonial certification made for the purpose of proving a material fact, given by a surrogate (one who did not sign the certification or perform or observe the test ) does not satisfy the requirements of the Confrontation Clause of the Sixth Amendment. Specifically, the Court held that [t]he accused s right is to be confronted with the analyst who made the certification, unless that analyst is unavailable at trial, and the accused had an opportunity, pretrial, to cross-examine that particular scientist.

13 13 The Pennsylvania Supreme Court applied this analysis in Commonwealth v. Yohe, but distinguished the facts in that case, where Dr. Blum, a forensic toxicologist and assistant laboratory director, included other laboratory analysts test results in his report. The Court held that allowing the doctor, who independently analyzed and validated blood reports created by his subordinates, to testify to the results of his report did not violate the requirements of the Sixth Amendment s Confrontation Clause. The Court surmised that live, in-court testimony of an analyst who was involved in reaching a scientific conclusion was permissible under the Confrontation Clause even where other, nontestifying analysts provided data to the testifying analyst. Conversely, prior to the decisions in Bullcoming v. New Mexico and Commonwealth v. Yohe, the Superior Court of Pennsylvania held that a defendant s Right to Confrontation was violated in a case where a laboratory report and BAC results were introduced through the testimony of a hospital s custodian of records, without the presentation of any testimony from the laboratory technician who performed the test. Here, at the June 5, 2015 hearing on Defendant s Motion in Limine, the Commonwealth presented testimony from Heather Erickson, the nurse who drew Defendant s blood the night of the incident, and Dilip Kothari, an analyst who worked in the AGH laboratory during the period of time in which the incident occurred. Both witnesses explained the general procedures relating to their respective duties, but neither held any independent recollection of the specific blood draw or subsequent tests, or even of being at AGH that night. The Commonwealth, through these witnesses, then presented portions of Defendant s hospital record, which appeared to confirm that Heather Erickson was indeed the person who performed the blood draw. However, no such evidence or testimony appeared to so establish that Dilip Kothari was the laboratory technician who performed the blood test or analyzed the BAC data, or even that he was the technician on duty that night. In fact, the only reason the court has to find that Mr. Kothari was working at AGH that evening is the Commonwealth s proffer of such at the hearing, and its assertion made in its brief. Without sufficient evidence to establish that Dilip Kothari was the technician or analyst who produced the BAC report the Commonwealth wishes to introduce, this scenario more closely resembles that presented in Commonwealth v. Barton-Martin, wherein the Superior Court found that when the Commonwealth did not present the actual analyst who prepared a laboratory report for cross-examination at trial, it violated the defendant s rights under the Sixth Amendment s Confrontation Clause, thus making that evidence inadmissible. [3] Therefore, the court finds that the Commonwealth has failed to demonstrate that its witness, Dilip Kothari, was in fact the technician or analyst on duty at AGH the night of the incident, or that he was the person who generated the BAC report. Without this, Mr. Kothari can only be viewed as a surrogate analyst. As such, allowing the Commonwealth to present this information at trial would violate Defendant s right to confront and cross-examine the actual author of the testimonial report, and thus, the evidence is inadmissible. While the Commonwealth appears to be correct in arguing that the BAC evidence is relevant, that any defect in the chain of title affects its weight rather than its admissibility, and that the prior withdrawal of the DUI counts does not impact the ad-

14 14 missibility of the BAC evidence for other purposes, the court will not rule on those issues as it has determined that the evidence is inadmissible as a violation of Defendant s rights under the Confrontation Clause. Accordingly, the trial court enters the following: ORDER AND NOW, this 16th day of May, 2016, upon consideration of Defendant s Motion in Limine, the Commonwealth s Answer to the Motion, and following a hearing thereon before this Court, and upon review of the briefs filed on behalf of the Commonwealth and Defendant, it is hereby ORDERED, ADJUDGED and DECREED: a.) As to the autopsy photographs, the Court issues no ruling as the Commonwealth has agreed that no autopsy photographs will be introduced. b.) As to the BAC evidence, that Defendant s Motion in Limine is GRANT- ED. c.) As to the Aggravated Assault by Vehicle charge, the Court defers its ruling until the close of the Commonwealth s case in chief. By the Court, John F. DiSalle, J Pa.C.S Pa.C.S Hearing Transcript dated June 5, 2015 (hereinafter HT ) 8. 4 HT HT See HT Bullcoming v. New Mexico, 564 U.S. 647, 652, 131 S.Ct. 2705, 2710, 180 L.Ed.2d 610 (2011). 8 Id. 9 Id. 10 Id Pa. 527, 70 A.3d 520 (2013). 12 Id. 13 Id. at 561, Commonwealth v. Barton-Martin, 5 A.3d 363 (Pa. Super. 2010). The Superior Court in that case relied on the ruling in Menendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009), wherein the Supreme Court of the United States held that laboratory reports admitted to establish a defendant s guilt were testimonial statements and were inadmissible under the Confrontation Clause unless the defendant had the opportunity to cross-examine the analyst at trial. 15 See HT 46, 54, See HT 46,54-57,

15 15 OBITER DICTUM CONT D from page 3 Daily Newsletter on June 21, 2016) From The Wall Street Journal: Apartment landlords use of electronic criminal back ground checks to reject prospective renters, some with only minor legal blemishes, drew official rebuke Monday as a potential violation of housing discrimination laws. Criticism of the practice has been mounting in recent months as technology has made it possible for apartment owners to perform fast, cheap and wide-ranging criminal background checks with the click of a button instead of scouring records at a local courthouse... In some cases, however legal aid lawyers say clients are being disqualified for minor infractions committed years earlier. It used to be that if somebody was a smaller landlord, they would never check for a criminal background because it was hard, said Jo- Anne Page, president of the Fortune Society, a New York nonprofit that helps people released from prison reintegrate into society. But now, it s so easy. Essentially, people just keep getting punish for life. Landlords say screening prospective tenants to ensure they don t have a history of violence or dishonesty makes the building more secure... Fairhousing lawyers say that they aren t opposed to background checks, but that searches shouldn t be used to reject tenants automatically. They said landlords should be required to perform an individual assessment of the severity of the offense, the length of time that has passed and whether it is relevant to whether an applicant will be a good tenant. The U.S. Department of Housing and Urban Development on Monday released guidance that could give ammunition to tenant advocates, saying the practice of excluding tenants based on their criminal or arrest records could violate the Fair Housing Act where it has a disproportionate impact on blacks and Hispanics... Some tenant advocates are gearing up for a legal fight with landlords. The Lawyers Committee for Civil Rights Under Law, a nonprofit legal service organization, is looking into 13 landlords across dozen of states to see wether they imposed blankets bans on tenants with criminal records. A case in New York City could be the first major test... (Article by Laura Kusisto )

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