Vol. LVI Allentown, PA Friday, October 2, 2015 No. 66

68 Pages·2015·7.65 MB·English

Vol. LVI Allentown, PA Friday, October 2, 2015 No. 66
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THE COURT
The Hon. Edward D. Reibman, President Judge
The Hon. Carol K. McGinley, Judge
The Hon. William E. Ford, 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. Lawrence J. Brenner, Senior 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
ZACHARY J. COHEN, President
HON. WILLIAM H. PLATT, President-Elect
PATRICK J. REILLY, Vice President
MICHELLE M. FORSELL, 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 © 2015 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
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B. Braun Medical Inc., a pharmaceutical and medical device
manufacturer, is seeking the services of an experienced transactional
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basis for approximately 30 hours a week. All legal services are to be
performed at B. Braun’s Bethlehem, PA office. Legal services will
primarily involve drafting and revising contracts, preparing contract
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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.
Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,
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1114 West Walnut Street Allentown, PA 18102

The Criminal Law Committee of the Bar Association of Lehigh County
Cordially invites you to attend the
CRIMINAL LAW DINNER
Thursday, October 8th, 2015
5:00 pm
Hors d’oeuvres & Complimentary Beer, Wine & Soda
6:00 pm
Buffet Dinner & Dessert
$37.00 per guest
We look forward to hosting a Dinner Meeting and a Program regarding Criminal Law
matters of interest with Committee Members, Criminal Law Attorneys, BALC Officers
& Directors, Prosecutors, Public Defenders, Judges and Magisterial District Judges

Please RSVP as soon as possible to Karen Mesch, Event Coordinator
610-433-6088 ext. 12 or [email protected]

Gregory R. Englert Christine Lombardo-Zaun Gavin Holihan
Committee Co-Chair Committee Co-Chair Committee Co-Chair
[email protected] [email protected] [email protected]
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NOTICE
The Law Firm of Tomlinson & Gerhart of East Greenville,
PA is pleased to announce that Michelle M. Forsell, Esq. has
recently joined the firm. Attorney Forsell concentrates her
practice in estate planning/administration and municipal law
serving Berks, Bucks, Lehigh and Montgomery Counties. She
is a 2003 graduate of Villanova University School of Law and
she earned her B.A. from West Chester University and M.A.
from Temple University. Attorney Forsell previously gained
experience with the Superior Court of Pennsylvania, Lehigh
County Court of Common Pleas and a large Philadelphia
firm. She serves as a board member of the Bar Association of
Lehigh County and an adjunct professor at Cedar Crest Col-
lege in Allentown, PA.
10-2
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
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Commonwealth vs. Rivera-Rodriguez
600 Commonwealth vs. Rivera-Rodriguez
COMMONWEALTH OF PENNSYLVANIA
vs. JOSE RIVERA-RODRIGUEZ
Discretionary Aspects of Sentencing—Right to Appeal—Substantial
Question—Sentencing Guidelines—Standard Range—Consecutive
Sentences—Concurrent Sentences—Presentence Investigation
Report—Rehabilitative Needs of Defendant.
1. Where the defendant entered a guilty plea to Criminal Conspiracy to Commit
Robbery and Access Device Fraud after urging his girlfriend to steal elderly victim’s purse
containing money, credit cards and phone, minimum sentences of 14 months and 6 months,
to be imposed consecutively, did not raise a substantial question giving the defendant a
right to appeal, because the sentences fell within the sentencing guidelines and terms of
the plea bargain, and decision to impose sentences consecutively was not excessive under
the circumstances.
2. Even had the defendant raised a substantial question regarding the length of his
sentence, giving rise to a right to appeal, Court did not abuse its discretion is sentencing
the defendant where sentence fell within guidelines and presentence investigation report
indicated the defendant had a long history of criminal activity, violence toward women and
substance abuse, for which rehabilitation had been unsuccessful.
In the Court of Common Pleas of Lehigh County, Pennsylva-
nia—Criminal Division. No. CR-1259-2015. Superior Court No.:
2190 EDA 2015. Commonwealth of Pennsylvania vs. Joseph Rivera-
Rodriguez.
HeatHer GallaGHer, esquire, CHief of appeals, on behalf
of the Commonwealth.
robert sletvold, esquire, on behalf of the Appellant.
steinberG, J., August 12, 2015. The appellant, Jose Rivera-
Rodriguez, was sentenced to not less than twenty (20) months nor
more than eighty-four (84) months in a state correctional institution
for his part in the robbery of a sixty-nine (69) year old victim, and
the use of her credit/debit cards. The appellant has appealed the
discretionary aspects of the sentence, while conceding the sentence
was in accordance with the plea agreement and the Sentencing
Guidelines.
On April 21, 2015, the appellant entered a guilty plea to
Criminal Conspiracy to Commit both Robbery1 and Access Device
Fraud.2 The appellant directed his girlfriend, Jeniffer Richardson,
1 18 Pa. C.S. §903(a), §3701(a)(1)(v).
2 18 Pa. C.S. §903(a), §4106(a)(1)(ii).
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Lehigh 7-17 op