Vol. LVII Allentown, PA Friday, January 13, 2017 No. 29

64 Pages·2017·6.77 MB·English

Vol. LVII Allentown, PA Friday, January 13, 2017 No. 29
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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. Daniel K. McCarthy, 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
GRAIG M. SCHULTZ, Case Editor
Copyright © 2017 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 4 p.m. the preceding Monday. 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.
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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,
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]
For Lease 3535 High Point Blvd, Bethlehem

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Cindy McDonnell Feinberg, CCIM
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Contact Cindy @ 610-360-9733 to see this great property
610-709-6231

Gregg M. Feinberg, Esq.
[email protected]

610-709-6233

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Saltzman & Gordon, LLC an established Lehigh Valley
family law firm is now seeking a full-time associate, part-
time associate, full-time legal secretary and part-time legal
secretary. Preferred applicants should have a minimum of
3 years’ experience in family law. Please send resume and
cover letter to: [email protected] or via fax to [phone].
All correspondence will be strictly confidential.
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LEHIGH COUNTY JUDGES SEEK
APPLICANTS TO FILL TRUSTEE VACANCY FOR
HARRY C. TREXLER TRUST
The judges of the Court of Common Pleas of Lehigh
County are seeking candidates for appointment as trustee of
the Trexler Trust to succeed the Reverend Daniel G. Gambet
upon the expiration of his second 10-year term on May 17,
2017. The five Trexler Trustees administer this multimillion
dollar trust created by the Will of Harry C. Trexler and award
grants to charitable and non-profit organizations, to the City
of Allentown for its parks and to the County of Lehigh for
the Nature Preserve.
To learn more about the Trust, visit its website at www.
trexlertrust.org.
Individuals interested in being considered for the trustee
vacancy may apply only by submission of the application
available on the Lehigh County Court of Common Pleas
website at www.lccpa.org/trexlertrust. The deadline for ap-
plications is February 17, 2017.
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PARALEGAL (BETHLEHEM)
KingSpry, a progressive, expanding regional law firm seeks
a top notch full-time paralegal for our family law group.
Requirements: proficient in Microsoft Word, Outlook,
Excel and PowerPoint and QuickBooks. Possess transcription
skills; excellent interpersonal, organizational, communication
and phone skills, self-starter and able to juggle multiple proj-
ects and deadlines; able to work independently and as part
of the team in a fast-paced environment.
Position provides administrative support to two to three
(2-3) attorneys, client contact, scheduling appointments/
maintaining calendars, drafting of pleadings and agreements,
creating and maintaining files.
Qualified applicants should submit resume and cover letter
with salary requirements. Full benefit package provided.
Please submit cover letter and resume to Sarah O’Steen
[email protected]; [phone] fax.
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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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ATTORNEY II
The County of Lehigh is looking for an Attorney responsible
for rendering legal services and supplying legal advice on matters
affecting the Lehigh County Office of Children and Youth Ser-
vices (LCOCYS). Work is confined to Juvenile Dependency and
Child Protective Services Law. This position will have office space
located in the Child Advocacy Center.
Responsible for conducting necessary legal research preliminary
to the rendering of decisions affecting LCOCYS operations in the
execution of documents or in the preparation for trial of specific
cases, including, but not limited to the following hearings: shelter
care, adjudication, permanency review, miscellaneous juvenile
court and appellate; directing the preparation of pleadings, briefs,
orders, etc.; leading in or conducting research in rendering legal
opinions for judicial hearings and hearings before judges; prepar-
ing legal opinions for administrative officials; trying and arguing
cases in court involving Juvenile Dependency and Child Protective
Services Law; perform related work as required.
A Juris Doctorate Degree—Member of the PA Bar with 2 years
of progressively responsible experience in professional legal work
required. Juvenile Dependency Court experienced preferred.
Hourly Rate: $50.00 /hr. (maximum 1000 hrs. per rolling year).
A criminal background check required. Must be proficient in
computer research and possess the ability to use Word and/or
WordPerfect. Must have possession of a certificate or eligibility for
a certificate of admission to the Bar of the Supreme Court of PA;
OR possession of a certification of admission to the Bar of the
highest court of another state, with preparatory steps taken to
become a member of the Bar of the Supreme Court of PA required.
Submit: A completed County application, resume and
cover letter via the County’s Website at www.lehighcounty.org
or apply in person at Lehigh County Human Resources, 17
South 7th Street, Room 103, Allentown, PA 18101. EOE.
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280 Commonwealth vs. Sacco
COMMONWEALTH OF PENNSYLVANIA vs.
SHARIE SACCO
Conflict of Interest—Theft by Deception—Theft by Unlawful
Taking or Disposition—Tampering With Records or
Information—Unauthorized Use of Automobile or Other
Vehicle—Motion to Suppress—GPS Tracking—Unlawful
Search—Fourth Amendment—Expectation of Privacy—
Custodial Interrogation—Miranda Warnings—Criminal
Investigation—Fifth Amendment—Coercion.
The Court denied defendant’s motion to suppress the use of a GPS tracker which
was placed on the vehicle which was used by the defendant, but owned by her employer.
The Court reasoned that the use of the GPS tracker was not the product of an unlawful
search because the defendant did not own the vehicle which was subjected to tracking, and
because the defendant was not tracked via GPS outside of her normal working hours. Ad-
ditionally, the Court denied defendant’s motion to suppress statements which she made to
an investigator who was also employed by her employer. The Court reasoned that the
employer’s investigation was non-criminal in nature, and therefore, the employer was not
required to provide the defendant with Miranda warnings. Similarly, there was no basis to
suppress because the defendant was not coerced into making statements to the investigator.
In the Court of Common Pleas of Lehigh County, Pennsyl-
vania—Criminal Division. No. CR-3630-2016. Commonwealth of
Pennsylvania vs. Sharie Sacco.
Bernard anderson, esquire, senior deputy attorney
General, on behalf of the Commonwealth.
eric dowdle, esquire, on behalf of the Defendant.
steinBerG, J., December 21, 2016. The defendant, Sharie
Sacco, is charged with Conflict of Interest,1 Theft by Deception,2
Theft by Unlawful Taking or Disposition,3 Tampering With Records
or Information4 (4 counts), and Unauthorized Use of Automobile
or Other Vehicle.5 It is alleged that the defendant, while employed
as a Construction Manager with the Pennsylvania Turnpike Com-
mission, padded the hours she worked, and used the vehicle pro-
1 65 Pa. C.S. §1103(a).
2 18 Pa. C.S. §3922(a)(1).
3 18 Pa. C.S. §3921(a).
4 18 Pa. C.S. §4104(a).
5 18 Pa. C.S. §3928(a).
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Lehigh 7-17 op