Vol. LVII Allentown, PA Friday, December 30, 2016 No. 27

60 Pages·2016·6.79 MB·English

Vol. LVII Allentown, PA Friday, December 30, 2016 No. 27
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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
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
GRAIG M. SCHULTz, 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 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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EXECUTIVE SUITES
Unique Opportunity- set up your own private office in a 1st class
building. Sought after location. Executive Suites fully furnished.

www.thefrederickbuilding.com
Don Frederick 610-841-3800

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]
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EARLY DEADLINES NOTICE FOR THE
LEHIGH LAW JOURNAL
Offices will be closed for Christmas on December 26th.
Advertisements for the December 30th issue of the Lehigh
Law Journal must be received NO LATER THAN 4:00
P.M. ON Thursday, December 22nd.
Offices will be closed for New Year’s Day on January 2nd.
Advertisements for the January 6th issue of the Lehigh
Law Journal must be received NO LATER THAN 4:00
P.M. ON Thursday, December 29th.
Notices may be faxed to the Lehigh Law Journal at
[phone] or e-mailed to: [email protected].
12-16, 23, 30
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ANNOUNCEMENT
Please be advised that the hourly compensation rate for
court-appointed attorneys will be increased from $50.00 to
$60.00 effective January 1, 2017. Also effective January 1,
2017, the hourly compensation rate for attorneys appointed
by the Court in capital homicide cases will be $90.00 for the
first chair and $60.00 for the second chair. As a result of these
changes, all court-appointed attorneys are directed to apply
the new compensation rates to hours billed on/after January
1, 2017.
12-23, 30
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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LAW CLERK POSITION—LEHIGH COUNTY
Position Description: The Law Clerk will serve Judge J.
Brian Johnson in Civil and Family matters in Lehigh County.
He or she will assist the judge in legal research, writing opin-
ions and court orders. The Law Clerk will also conduct re-
search and review pleadings and documents to prepare the
judge for conferences, hearings and trials, attend hearings,
trials and conferences, and provide general support and as-
sistance to the judge. Candidate should be well organized,
detail oriented, capable of independent work and capable of
working well with others. Strong legal writing and research
skills required. Please send a cover letter, resume and a writ-
ing sample (non-criminal preferred) to Judge J. Brian John-
son, Lehigh County Courthouse, 455 W. Hamilton Street,
Allentown, PA 18101 by January 13, 2017.
This is a full-time position with benefits. Starting salary for
Attorney I, grade 24, is $62,719 annually.
12-23, 30; 1-6
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CRIMINAL/JUVENILE COURT ANNOUNCEMENT
Please be advised that the current forms utilized in crimi-
nal and juvenile delinquency court will be replaced with re-
vised forms on January 3, 2017. The revised forms will be
available in the courtrooms, Court Administration and the
Court’s website, www.lccpa.org, on January 3, 2017.
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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 experience 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 high-
est 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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264 Commonweatlh vs. Acevedo-Ortiz
COMMONWEALTH OF PENNSYLVANIA vs.
ISMAEL ACEVEdO-OrTIz
Petition for Post-Conviction Relief—Untimeliness of Petition—
Lack of Jurisdiction—Murder of the Second Degree—
Sentencing Order.
The appellant’s petition for post-conviction relief was filed more than one year after
his sentence became final. Because the appellant failed to allege that an exception to the
time for filing the petition was present, the Court lacked jurisdiction to grant any of the
appellant’s requested relief.
In the Court of Common Pleas of Lehigh County, Pennsyl-
vania—Criminal division. No. Cr-3253-2003. Superior Court No.
3397 EdA 2016. Commonwealth of Pennsylvania vs. Ismael
Acevedo-Ortiz.
HeatHer GallaGHer, esquire, CHief of appeals, on behalf
of the Commonwealth.
ismael aCevedo-ortiz, Pro Se.
steinberG, J., december 12, 2016. The appellant has filed
this appeal from the denial of his second Post Conviction relief
Act (hereinafter PCrA) petition, which he disguised as a request
for habeas corpus relief. The request for relief from his murder
conviction is untimely, and this Court lacks jurisdiction to address
his claims. The appellant’s judgment of sentence became final ap-
proximately October 27, 2006, ninety (90) days following the de-
nial of his petition for allowance of appeal. His current petition
was not filed until June 21, 2016. Additionally, the underlying claims
are frivolous. The appellant was sentenced to life imprisonment,
and even though sentencing sheets signed by the Honorable
Carol K. mCGinley are in the file, the appellant contends the
trial court in some way “failed to issue an official, written, signed
and sealed Sentencing Order.”
BACkgrOuNd
On July 7, 2004, a jury found the appellant guilty of Murder
of the Second degree, robbery and Criminal Conspiracy.1 The
1 18 Pa. C.S. §§2502(b), 3701(a)(1) and 903(a).
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Lehigh 7-17 op