An industrial software technician who

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1 page 5: Environmental Law T H E O L D E S T L A W J O U R N A L I N T H E U N I T E D S T A T E S philadelphia, FRIDAY, OCTOBER 14, 2011 In Philadelphia Speech, Breyer Addresses Root Of Judicial Credibility By amaris elliott-engel Of the Legal Staff US Supreme Court Justice Steven G Breyer wants an answer He wants to be able to answer the foreign judges who always want to know how the Supreme Court justices are able to get Americans to follow what they say By zack needles Of the Legal Staff Photo by Diego Radzinschi Breyer During a talk Thursday to the World Affairs Council of Philadelphia, Breyer said that he Breyer continues on 10 The state Supreme Court has been asked to stop a scientific debate over whether the shale in the Marcellus Shale formation is a mineral before the debate even begins Last month, the state Superior Court allowed a dispute over land rights to move forward so experts could determine whether shale is a mineral whose owners would also own the natural gas contained within But a petition for allowance of appeal to the Supreme Court filed last week on behalf of the plaintiffs by lawyers at Pittsburgh-based Buchanan Ingersoll & Rooney said the question should not even be considered because it s irrelevant to this case Breaker Explosion Case Settles for $139 Mil By Shannon p duffy US Courthouse Correspondent An industrial software technician who suffered serious burns in a plasma explosion when a high-voltage circuit breaker at an asphalt plant shorted out has secured a $139 million settlement in his suit against the plant s owner and operator Plaintiffs attorneys Robert J Mongeluzzi and David L Kwass of Saltz Mongeluzzi Barrett & Bendesky said the settlement in Cawthern v Reading Materials Inc was reached after a one-day mediation conducted by Russell M Nigro, the former Pennsylvania Supreme Court justice According to court papers, James Cawthern was an employee of Process Control Solutions and was assigned on Oct 9, 2009, to tackle software problems at the Reading Materials plant that had effectively shut down its asphalt Sean W Moran, chair of Buchanan Ingersoll s energy section and oil and gas practice group, said the firm filed the petition now rather than waiting for a ruling on remand in hopes of cutting off the litigation before the plaintiffs incur significant unnecessary expert and legal costs Kevin M Gormly, an Indiana, Pa-based VOL 244 NO 74 $500 mongeluzzi kwass manufacturing In the first half of the day, Cawthern fixed the problems with the plant s programmable logic controller a device that remotely controls the motors that power industrial equipment But Cawthern remained on site in order to run tests in the afternoon to ensure that all the problems had been cured While eating his lunch in the plant s Justices Asked to End Debate on Mineral Definition oil, gas and mineral law attorney who is not involved in the case, told the Pennsylvania Law Weekly, an affiliate of the Legal, last month that a determination by Pennsylvania courts that shale is a mineral could conceivably cause title chaos in the state But Moran declined to speculate on that possibility Thursday, saying he was confident the courts would not reach that conclusion In September, a three-judge panel in Butler v Charles Powers Estate unanimously reversed a Susquehanna County trial judge s order sustaining the plaintiff s preliminary objections to a request for declaratory judgment filed by the heirs of a landowner s estate who claimed the exception in the land deed reserving minerals entitled them to a piece of the Marcellus Shale continues on 9 electrical room, Cawthern suddenly saw sparks and detected the odor of ozone gas, prompting him to shove his co-worker, John Hanlon, out of the room But before Cawthern could escape, the high-voltage circuit breaker exploded with an intense heat that caused a plasma blast, meaning that the metal components had vaporized In the suit against Reading Materials and its corporate parent, Haines & Kibblehouse Inc, plaintiffs lawyers alleged that the accident was the result of a failure to perform routine maintenance The company s chief electrician admitted in his deposition that the maintenance was not performed and testified that the reason was financial, because any work on the electrical system would force downtime at the plant To prepare for the mediation, Mongeluzzi Settlement continues on 10 INSIDE THE LEGAL wwwthelegalintelligencercom Experts & Services Classified Public Notices 14 Legal Listings 16 Distinctive Properties 40 Postal ID on Page 8 Winning the Headline-Making Cases Matt Casey Joel Feller Rob Ross wwwrossfellercaseycom Previous awards do not guarantee a similar outcome in current or future cases

2 2 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5832 PEOPLE IN THE NEWS Philadelphia personal injury lawyers from Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig helped fight multiple sclerosis by participating in the 31st annual Bike MS: City to Shore Ride on Sept Pictured, from left, are Gilbert J Marquez and Evan Y Liu Liu served as the firm s team leader and organized a nineperson cycling team consisting of his fellow co-workers Thomas Martin, Patricia M Giordano and Marquez as well as family and friends Team Feldman Shepherd raised $3,250 to benefit the National Multiple Sclerosis Society SPEAKERS Stevens & Lee shareholder Jed Mayk presented at the American Conference Institute s seventh national forum on residential mortgage litigation and regulatory enforcement Sept in Dallas Mayk spoke about OCC pre-emption developments and recent rulemakings by the Consumer Financial Protection Bureau Stradley Ronon Stevens & Young partner Andrew K Stutzman presented Litigation Involving Mortgage Origination at the Mortgage Bankers Association s Regulatory stutzman Compliance conference on Sept 25 in Washington, DC Stutzman discussed claims under a range of laws involving the origination of mortgage loans The conference covered legal and regulatory developments facing the real estate finance industry McCann & Geschke associate Andrew S Kessler spoke on the do s and don ts of informed consent for podiatrists and podiatry residents at Roxborough Memorial Hospital Kessler addressed issues such as what is informed consent; when informed consent is required; the consent form; ethical and legal implications of securing consent for surgery; concerns for residents securing consent on behalf of attending physicians; the process for securing truly informed consent; and difficulties that can be encountered Bruce S Katcher, a partner with Manko Gold Katcher & Fox, and the firm s director of administration, John S Kirk, participated in a program at the Chamber of Commerce Southern New Jersey on Sustainability is Good Business Katcher was the keynote speaker and introduced the concept of sustainability and why businesses are embracing it Kirk participated on a panel of businesses that have sustainability programs and shared sustainability practices implemented by the firm Manko Gold was a sponsor of the program EVENTS The Philadelphia Association of Defense Counsel is set to host a luncheon CLE program at noon Oct 18 at the Vesper Club, 223 S Sydenham St, Philadelphia Joseph McGowan will speak on Shocking Theories: An Electrical Injury Update The price is $40 for PADC members and $75 for nonmembers Lunch is included For more information, call Adam J Taliaferro of Duane Morris has been announced as a 2011 inductee of the Camden County Sports Hall of Fame Camden County is hosting the annual Camden County Sports Hall of Fame Dinner on Oct 27 at Lucien s Manor in Berlin, NJ Thirteen local athletes will be honored for their contributions to athletics

3 VOL P 5833 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 3 regional News For US Magistrate Judge, 3rd Circuit Call Is Giant Leap By David Gialanella New Jersey Law Journal US Magistrate Judge Patty Shwartz has been named for the federal appeals bench, a rare elevation for a magistrate judge in New Jersey President Obama put forth Shwartz s name for the 3rd US Circuit Court of Appeals on Oct 5 US Sen Frank Lautenberg, D-NJ, said in a news release that Shwartz is a widely respected judge with a strong work ethic and broad range of experience Speaking of Shwartz, John Lacey, the immediate past president of the Association of the Federal Bar of New Jersey, said it s unusual, certainly for a magistrate judge to experience such a meteoric rise The last federal magistrate judge from the District of New Jersey to make the leap was Robert Cowen, who was a magistrate (as the position was then called) in the District of New Jersey from 1978 to 1985 and was appointed by President Ronald Reagan to the 3rd Circuit in 1987 He assumed senior status in 1998 Shwartz, a magistrate judge in Newark, NJ, since 2003, was the top performer in a 2008 survey of magistrate judges by the New Jersey Law Journal, an affiliate of the Legal, earning an overall score of 882 out of 10, compared with an average score of 842 and a low score of 802 Her highest scores were 940 for lack of race, gender and political bias; 926 for courtesy and respect to litigants and lawyers; and 890 for familiarity with pleadings, briefs and records Even her lowest Photo by Carmen Natale Shwartz score 830 for skillfully fostering settlements was ahead of the group average of 8 In her time on the bench, she has handled about 4,000 civil and criminal matters and presided over 14 trials In a pair of high-profile cases captioned Beye v Horizon Blue Cross Blue Shield of New Jersey and Foley v Horizon Blue Cross Blue Shield of New Jersey, Shwartz ordered plaintiffs seeking insurance coverage of their daughters eating-disorder treatments to produce diaries, s and social media postings related to the disorders to help determine how the girls developed them In another case, Araoz v United States, Shwartz s no-cause finding in a malpractice suit against a government-funded health facility was appealed because she did independent research by consulting published and unpublished cases not cited by either party Her ruling was affirmed by the 3rd Circuit Last year, she approved a $69 million settlement in a class action against automakers Volkswagen and Audi for interiors that leaked in rainstorms More recently, in July, she sentenced rapper Ja Rule, Jeffrey Atkins of Saddle River, NJ, to 28 months in prison for failing to pay $11 million in income taxes Shwartz graduated from Rutgers University in 1983 and the University of Pennsylvania Law School in 1986 She then worked as an associate at Philadelphia s Pepper Hamilton & Scheetz and as law clerk to District Judge Harold Ackerman from 1987 to 1989 In 1989, she joined the US Attorney s Office in New Jersey, where she served as deputy chief of the Criminal Division from 1995 to 1999, chief of the Criminal Division from 1999 to 2001, executive assistant US attorney from 2001 to 2002 and again Criminal Division chief from 2002 to 2003 She also has been an adjunct professor at Fordham University School of Law in New York since 2009 Lacey, a partner at Connell Foley in Roseland, NJ, said that selecting magistrate judges for higher posts makes sense, because each one is a known quantity on the bench who has been vetted by federal authorities and comes with the benefit of attorney reviews Dennis Drasco, another former Association of the Federal Bar of New Jersey president, said he cannot recall a similar situation where a New Jersey magistrate judge was picked for direct elevation to the 3rd Circuit But Drasco, of Lum Drasco & Positan in Roseland, notes that New Jersey more than any district in the country has a tradition of elevating magistrate judges to district judge posts, citing Stephen Orlofsky, Stanley Chesler, Freda Wolfson, Dennis Cavanaugh and Joel Pisano, as well as more recent examples, Claire Cecchi and Esther Salas The 3rd Circuit Court vacancy is left by Maryanne Trump Barry, who took senior status in June At the same time the White House announced its nomination of Shwartz, US Magistrate Judge Michael Shipp and Gibbons partner Kevin McNulty received boosts from New Jersey s senators for judgeships on the US District Court for the District of New Jersey Lautenberg and US Sen Robert Menendez, D-NJ, gave their backing to Shipp and McNulty on Oct 7 Lautenberg called Shipp an excellent magistrate judge who has demonstrated intellect and fairness in the courtroom and McNulty an accomplished lawyer with decades of experience in public service and in the private sector Shwartz continues on 10

4 4 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5834 NATIONAL NEWS Era of Stock Option Backdating Scandals Ends By SHANNON GREEN Corporate Counsel Former Juniper Networks GC Lisa Berry s backdating settlement with the US Securities and Exchange Commission this week may have symbolized the end of an era But the vigor with which the agency pursued a number of corporate executives on fraud claims has left a lasting impression on lawyers Thanks to legal changes and regulatory developments, illegal backdating of stock options has been more or less eliminated, said Robert Jackson, associate professor of law at Columbia Law School and an expert on corporate governance What we re seeing is the legacy of practices that corporate boards have worked hard to eliminate, he said While stock options are an important tool to motivate executives and align their interests with those of shareholders, Jackson said, there s a lesson to be learned from the mass federal crackdown Executive incentive is complex, he said, and governance protections are needed Even when you have the tools that you want in order to motivate managers, Jackson said, what you really need is a series of protections around those tools that make you confident that the tools are being used in a way that actually aligns the interests of shareholders and executives The use of stock options is still widespread at public companies Jackson said most of those companies don t limit executives ability to unload options The fact that public companies do not limit that undermines and limits the effectiveness of Court: Trade Secret Theft Outside US Is Basis for Barring Imports By SHERI QUALTERS The National Law Journal In a split ruling, the US Court of Appeals for the Federal Circuit has upheld an International Trade Commission order that barred a company in China from importing railway wheels into the United States because the company misappropriated trade secrets in China from a US company On Tuesday, two judges on the Federal Circuit panel, ruling in TianRui Group Co Ltd v International Trade Commission, affirmed the ITC s order that the wheel imports violated the Tariff Act of 1930, even though the trade secret theft happened outside the United States The dissenting judge characterized the potential impact of the ruling as staggering because it could extend to many products made overseas Section 337 of the act authorizes the ITC to exclude imports when it finds [u]nfair methods of competition [or] unfair acts in the importation of [those] articles Judge William Bryson authored the majority ruling, joined by Senior Judge Anthony Schall Judge Kimberly Moore dissented Bryson wrote that the ITC has authority to investigate and grant relief based in part on extraterritorial conduct insofar as it is necessary to protect domestic industries from these tools, Jackson said Elizabeth Nowicki, a professor at Tulane University Law School, was an SEC attorney from While at the agency, she worked on the same types of disclosure issues involved in the surge of backdating cases several years later In 2006, plaintiffs lawyers began looking for ways to bring securities fraud lawsuits against companies Many of cases were brought against tech firms which lacked tangible assets and The SEC and federal prosecutors are likely to continue to scrutinize the advice lawyers give their clients had to use stock options to lure top talent from more traditional companies In some instances, the backdating was unintentional Some thought it was legitimate, Nowicki said But in other cases the practice was an end-run around accurate disclosure After leaving the government, Nowicki was frequently called on by public companies to advise them about fiduciary duties owed by officers including general counsel and the materiality of disclosure failures In no instance was Nowicki ever able to make the argument that deliberate backdating was in the best interest of shareholders injuries arising out of unfair competition in the domestic marketplace The majority determined that the ITC has authority to find that the imported wheels would injure a domestic industry even though no domestic manufacturer is using the process protected by US trade secret law to make railway wheels TianRui Group Co Ltd and TianRui Group Foundry Co Ltd sought to license wheel manufacturing technology from Amsted Industries Inc in 2005 After talks broke down, TianRui hired nine employees from Amsted s Chinese licensee, Datong ABC Castings Co Ltd Eight of the nine employees signed confidentiality agreements before leaving Datong, and all were advised of their duty not to disclose confidential information TianRui later partnered with Park Ridge, Ill-based Standard Car Truck Co Inc to form a joint venture, Barber TianRui Railway Supply LLC, to import the wheels into the United States Amsted s complaint at the ITC alleged that TianRui, its partner and their joint venture misappropriated trade secrets The question of what law applies in a Section 337 proceeding involving trade secrets was a matter of first impression for the Federal Circuit, and Bryson wrote that a She said the biggest takeaway from the wave of backdating cases is pretty basic Don t lie, she said, even if what you have to say is not going to be good and is going to make people unhappy The more nuanced lesson is that if companies do lie about something that is supposedly as hard to detect as backdating, there s still a good chance they are going to be found out And shareholders are not likely to be pleased when and if that happens There are going to be significant costs to your reputation, out-of-pocket costs and costs to your shareholders, Nowicki said The fact that the stock option backdating scandals were so aggressively pursued by the SEC conveys a message that the agency is up to the challenge If lawyers are paying attention, I think the message should have been widely received, she said T Markus Funk, a partner in Perkins Coie s investigations and white-collar defense group, has been listening Although the backdating scandals are now mostly history, Funk said the enduring lesson for in-house and outside counsel is that the SEC and federal prosecutors are likely to continue to heavily scrutinize the advice lawyers give their clients Federal law enforcers get inspiration from their past successes, according to Funk He said there s no reason to believe they will shy away from their consistent practice of seeking to leverage their enforcement programs by targeting those legal and accounting professionals they consider failed gatekeepers Shannon Green is a reporter for Corporate Counsel, a Legal affiliate based in New York single federal standard, rather than the law of a particular state should apply Bryson then wrote that Section 337 s focus is on the inherently international transaction of importation and therefore analogous to immigration statutes that bar the admission of an alien who has engaged in particular conduct or who makes false statements in connection with his entry into this country He also found that the ITC did not apply Section 337 to sanction purely extraterritorial conduct The foreign unfair activity at issue in this case is relevant only to the extent that it results in the importation of goods into this country causing domestic injury, Bryson wrote In light of the statute s focus on the act of importation and the resulting domestic injury, the Commission s order does not purport to regulate purely foreign conduct Bryson concluded that Section 337 sets the conditions under which products may be imported into the United States He observed that in cases involving imported goods made with technology gained from misappropriated trade secrets, the misappropriation will often occur overseas, where the products are manufactured To bar the Commission from considering such acts because they occur outside the United States would thus be inconsistent Theft continues on 9 Rajaratnam Faces 11-Year Sentence For Insider Trading By MARK HAMBLETT New York Law Journal AP Photo / Louis Lanzano Rajaratnam Raj Rajaratnam was ordered to prison for 11 years Thursday for multiple insidertrading conspiracies and trades he directed as head of one of the world s largest hedge funds The pivotal figure in the most wideranging insider-trading prosecution in history was given a break by US District Court Judge Richard Holwell of the Southern District of New York, who pronounced the sentence after ruling for the government on virtually everything it wanted in calculating the sentencing range, which he agreed was between 19 1/2 and 24 1/2 years in prison Holwell said there were two reasons he went below the range The first was Rajaratnam s good works throughout the world, from helping Sri Lankan tsunami victims to giving aid to earthquake victims in Pakistan and poor children in New York The judge said it was tempting in highprofile cases to ignore factors that might be considered in less notorious cases, and he found that the defendant s unusual responsiveness to and care for the less privileged goes considerably beyond the norm The second reason was the poor health of the Galleon Group hedge fund founder Rajaratnam suffers from advanced diabetes that is leading to imminent kidney failure and a host of other problems Illness does not provide a get out of jail free card, but some form of forbearance is fundamental to our system of justice, he said Reed M Brodsky, an assistant US attorney for the Southern District of New York, had urged the judge to impose the toughest sentence possible, calling Rajaratnam arguably the most egregious insider trader to face sentencing in a federal courthouse in the United States Rajaratnam, 54, declined to address the court when given the opportunity, leaving Terence J Lynam of Akin Gump Strauss Hauer & Feld to argue for him Lead trial counsel John Dowd was not present for the sentencing Lynam said his client is a very kind, considerate, polite, generous and caring person, a man genuinely concerned about the welfare of others The lawyer added, If there is a ledger of one s life he should have some credit in that ledger to draw upon now that things have gone bad As he had in a hearing last week, Lynam criticized the government for using the fraud loss tables in the US Sentencing Sentence continues on 9

5 VOL P 5835 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 5 e n v i r o n m e n t a l l a w Marcellus Shale and the Ultrahazardous Activity Analysis By christopher D ball Special to the Legal Pennsylvania lies over the heart of the Marcellus Shale formation, a rock unit underlying approximately 65-million acres of land from West Virginia to New York This formation has been estimated to have a resource value of up to 500-trillion cubic-feet equivalents of natural gas, and has spawned a boom of gas-well drilling in the southwest, northcentral and northeastern portions of the commonwealth Between January and September, the Pennsylvania Department of Environmental Protection issued 2,514 Marcellus Shale drilling permits, and 1,388 wells were reported as having been drilled Litigation related to Marcellus Shale development is similarly on the rise Claims brought by private litigants focus on claimed impacts from well drilling and related activities, including hydraulic fracturing, referred to colloquially as fracing or fracking Hydraulic fracturing, in combination with horizontal drilling techniques, enables the extraction of natural gas trapped in shale rock through the use of large amounts of pressurized fluids, consisting primarily of water and sand with limited amounts of chemical additives, to induce small fractures to form in the rock surrounding the well casing within the Marcellus Shale formation Those fractures, in turn, allow the natural gas in the shale to Christopher D Ball is an attorney at the environmental and energy law firm of Manko Gold Katcher & Fox, where he focuses his practice on civil and administrative environmental litigation and regulatory matters He can be reached at or cball@mgkflawcom pass into the well casing and be captured For wells tapping the Marcellus Shale formation in Pennsylvania, the hydraulic fracturing process is focused on shale that is typically at a depth of between 5,000 and 8,000 feet below the ground surface In July, the Governor s Marcellus Shale Advisory Commission issued a report evaluating the development of Marcellus Shale gas reserves in Pennsylvania The report assessed many facets of the surge in natural gas development, including well drilling and the use of hydraulic fracturing With respect to drilling, the Advisory Commission noted the potential for poorly constructed gas wells to allow methane to migrate along the outside of the well and impact water supplies Regarding hydraulic fracturing, the Advisory Commission identified related concerns as surface spills of fracking fluids, well control and lost containment of flowback or produced water on the surface The concerns of the Advisory Commission have been reflected in Marcellus Shale-related litigation, where litigants claims have raised allegations that their drinking water supplies were contaminated by chemicals in the fracking fluids or by methane gas released by drilling These lawsuits have asserted numerous causes of action, including for claimed violations of Pennsylvania s environmental laws such as the Clean Streams Law and the Hazardous Sites Cleanup Act, as well as the typical common law claims for negligence, trespass, nuisance and for claims based in strict liability To be successful, a claim based on a common law theory of strict liability must demonstrate that an activity is so abnormally dangerous, or ultrahazardous, that liability should be imposed on the person engaged in the activity for any damages caused by their operations whether or not they exercised the utmost care to prevent the It will be difficult for plaintiffs to argue that the value to Pennsylvania from shale-gas development is outweighed by any dangerous attributes of the practice harm Pennsylvania plaintiffs have alleged that Marcellus Shale well drilling and development qualifies as a form of ultrahazardous activity, but no Pennsylvania court has ruled on the issue to date If the drilling and stimulation of shale-gas wells is determined by the courts to be ultrahazardous, liability may be assessed irrespective of fault and the potential liability and associated costs facing the burgeoning Marcellus Shale industry could be significantly increased A review of the factors typically employed by courts in determining whether to impose strict liability, as well as recent case law touching specifically on the issue of shale drilling, indicates that it is unlikely that the development of natural gas from the Marcellus Shale will be considered an ultrahazardous activity in Pennsylvania In determining whether an activity is ultrahazardous, Pennsylvania courts have adopted the Restatement (Second) of Torts, Environmental Law continues on 8 Hot Topics in Intellectual Property Law Program Overview: Free CLE Seminar for In-House Counsel (3 CLE credits available for PA, NJ, NY and DE) Monday, November 14, 2011 Registration and Breakfast: 8:30 am Seminar: 9:00-12:00 pm Lunch: 12:00-1:00 pm Woodcock Washburn LLP Cira Centre, 12th Floor 2929 Arch Street Philadelphia (Adjacent to 30th Street Station) Topics: Trade secrets David Wolfsohn, Woodcock Washburn, Philadelphia IP in bankruptcy Ronald Mann, Professor of Law, Columbia Law School E-discovery Jeffrey Waksman, Counsel, Saint-Gobain Corporation Indemnification against IP claims Christopher Arena, Woodcock Washburn, Atlanta Woodcock Washburn in cooperation with The Legal Intelligencer welcomes you to a half-day CLE program on hot topics in intellectual property law The panel of experts will provide insights into some of the complex IP issues facing in-house counsel today In addition to three free CLE credits the program will include complimentary breakfast and lunch Speakers will be available to answer questions during the lunch hour Register online at wwwtlieventscom/ip Please contact Diane McCollum at with any questions

6 6 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5836

7 VOL P 5837 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 7 By Robyn weisman Law Technology News None of the news reports about the Roger Clemens perjury trial mentioned anything about failed technology The prosecution was able to play the videotape that showed US Rep Elijah Cummings reading an affidavit of Laura Pettitte, the wife of Clemens former baseball teammate, Andy Pettitte, without a hitch The problem: Prosecutor Steven Durham had been told during motions in limine that Laura Pettitte s testimony was hearsay and, therefore, inadmissible As a result, US District Judge Reggie Walton declared a mistrial; the retrial is set for April 17 Something like this should never happen, said SNR Denton partner Glenn Colton, who heads the firm s US white-collar and government investigations practice, in an interview with Legal affiliate The National Law Journal In a high-profile case or not, prosecutors need to be vigilant, going over evidence to make sure it s proper and admissible Human and technological snafus are inevitable, practitioners say Murphy s Law is rule number one in technology, said J Craig Williams, a partner at Sedgwick, based in its Orange County, Calif, office He experienced a courtroom technology crisis when his only hard drive crashed during a preliminary hearing I lost all of my documents, and I didn t have paper copies because they would have filled up the courtroom, remembers Williams, a member of Legal affiliate Law Technology News Editorial Advisory Board Because I did not bring a backup hard drive or computer, the court had to suspend the proceedings for that day He now brings the equivalent of a mobile law firm to every trial Fredric Lederer, chancellor professor of law and director of the Center for Legal and Court Technology and Legal Skills at William & Mary Law School, says there are three types of trial technology snafus: real or perceived hardware failure, real or perceived software failure and attorney ineptitude Hardware failure is the least common cause of technology derailment fried hard drives and light bulbs notwithstanding In contrast, software error is almost guaranteed, said Lederer, also on LTN s board Microsoft s ubiquitous software seems to often trigger mishaps: Every reader understands that Windows periodically screws up For example, imagine you re doing an opening statement, and you re accessing images on your computer when all of a sudden Windows goes into an update, [which] can take a while Sometimes, trial teams alienate jurors by poorly using software that is working perfectly Williams recalls a trial where opposing counsel used a PowerPoint presentation that was 146 slides and 25 hours long: Nobody paid attention to it Lack of communication within the trial team also can generate a plethora of technology-related problems, said Williams, who once attended an arbitration where opposing litigation Preventing (and Recovering From) Courtroom Snafus counsel s technologist pulled up a document and put it on the screen I hadn t seen it before, and it was a smoking gun I was able to get it produced and entered into evidence The attorney got sanctioned for it, [which] really hurt his case Litigators can severely damage cases by misinterpreting data generated by trial technology During the Florida trial of Casey Anthony, accused of murdering her 2-yearold daughter Caylee by dosing her with chloroform and suffocating her with duct tape, prosecutors put forth evidence that the defendant had searched the Web 84 times for information on chloroform At issue was the prosecution s use of SiQuest s Cacheback software to retrieve Web browsing history files from unallocated space on Anthony s household computer Aside from the problem of proving that it was Casey Anthony at the computer conducting the searches, the prosecution failed to translate the technological findings in a manner that might sway a jury, observed LTN associate editor Michael Roach in an LTN commentary He cited blog posts from Keith Jones criticizing testimony from SiQuest CEO John Bradley that was far from user-friendly, and mired in jargon, such as primary key database value, houses the decoded results, Universal Resource Locator, or Web address which relates to the record entry Roach observed: Jones demonstrates how a simple PowerPoint slide presentation detailing what a Google search for what neck breaking looks like might have much more easily held the jury s interest Amy Singer, president of Florida s Trial Consultants, said social media was key to winning the Anthony case Hired by the defense, her team sampled bloggers and discussion groups that were monitoring the trial, and concluded that the more computersavvy observers shared a general consensus that there was no way Anthony searched for chloroform 84 times [She] searched for chloroform once, and not even how to make chloroform, but What is chloroform? Singer said During the trial, her team monitored a wide range of social media, including Twitter, Facebook, blogs, chat and discussion rooms analyzing about 1 million comments daily Social media made a huge difference, she said It drove the demonstrative evidence It drove the court s examination For example, as inconsistencies occurred with testimony from and about Casey s father, we knew how to hit hard, she said In essence, Singer s team used social media the same way some litigators use a shadow jury to monitor emotional responses to trial stimuli and provide immediate feedback on testimony, said Christine Martin, a New York-based jury and social media consultant It s inevitable: You will experience trial technology failure at some point during your career When people reacted negatively to witnesses, the defense team could tailor its strategy, she said It s hard to know to what degree social media swayed the jury, as opposed to lack of evidence from the prosecution or the color of the suit the prosecutor was wearing, but [this case] definitely put social media on the map and it will be an important piece in trials going forward, Martin said Florida s Legal Graphicworks provided exhibit support for the defense Vice President Tyler Benson says the case was so information intensive that he and President Jim Lucas created timelines on seven-foot-long boards to help Anthony s lawyer, Jose Baez, discuss chronology with the jury The worst situation he and Lucas experienced happened in another case, when they inadvertently ran two versions of indata s TrialDirector One of the computers we were going to use that day was acting a little erratically, and our backup computer was using the older version of the software, which didn t support the video formats we were using to play back some deposition footage, Benson said During a 15-minute break, they ran a test but still couldn t get the video to play They ultimately discovered that the older version ran on a 32- bit platform, not the 64-bit platform of the upgrade They solved the crisis by reverting to the older version using a backup computer Once back in their offices, they made adjustments so the new iteration worked properly on their computers That was a nail-biter to say the least until we figured out what the problem was, Benson said Attorney David Sparks, of California s George & Shields, recalls a case where he had visited the courthouse ahead of the trial to test his technology, and everything had worked perfectly But once in the courtroom, when he clicked on his remote, nothing happened The way I had stuck my remote in my bag [caused] it to push on the button that handles the laser, so it had drained out the batteries, he said The slide didn t advance, and I looked like a dork Sparks response to the snafu? I pretended like there was nothing wrong I just walked over to the podium, started tapping the spacebar [on my Mac], and went through the presentation Today, he carries extra batteries in addition to all the other backup equipment he had ready In today s environment of smartphones, YouTube and Twitter, not using technology may be worse than making a mistake with those technologies But some attorneys still worry that courtroom technology might alienate jurors That was the case when M Gerald Schwartzbach took over the defense of Robert Blake in 2004, when the actor was charged with murdering his wife A jury consultant had recommended a trial technologist, but Schwartzbach had reservations I was concerned about the perception that we would be using fancy gadgets to buy [Blake s] way out of the case, said Schwartzbach, who practices in Mill Valley, Calif Moreover, Schwartzbach was scrambling to get ready for a trial date that had been set before he had taken over the case and he had never, up to this point, used technology in trial The jury consultant recommended Calif- based Litigation-Tech CEO Ted Brooks (a member of LTN s board) demonstrated how trial technology could enhance a presentation, persuading Schwartzbach to give it a shot The team created two databases in Summation (now owned by AccessData) one for documents and the other for photos Then they used LexisNexis LoadFile Pro to convert the two Summation databases into one database within TrialDirector to hold everything from pretrial documents to Blake s 20/20 interview with journalist Barbara Walters The most significant part of our defense had to do with gunshot residue tests, which could have been really boring, Schwartzbach said But we were able [to show] what the testimony really meant by putting it in lay language and showing photographs and graphs It made the testimony more interesting and kept jurors from falling asleep Apparently the jury listened after the not guilty verdict was announced, the foreman told reporters that they couldn t put the gun in Blake s hands Said Schwartzbach: The foreman was talking about the gunshot residue Periodically Schwartzbach meets potential clients who insinuate that Blake was guilty and because Schwartzbach got him acquitted, that their case will be a piece of cake in comparison I have to make sure they understand I am a lawyer, he said, not a magician CONTROLLING SKIDS TAKES PRACTICE AND LUCK It s inevitable: You will experience trial technology failure at some point during your career But just as you can sometimes control a skid (with preparation and a dash of luck), you can keep your presentation on path with effective steering Some driving tips: Assume that you and your team are at fault: Lawyers have a tendency to blame the courtroom when something doesn t work, said Fredric Lederer He recalls a trial where a litigator could not get a video to run, and implicated the courtroom The bailiff walks over to the attorney, hits two keys to toggle the video out of the computer into the courtroom system, and smiles broadly when [the video] comes up instantaneously, Lederer said The bailiff got cheers The lawyer lost credibility Know your judge and jury: Attorney J Craig Williams recommended talking to the judge before the trial starts, to assess his or Litigation continues on 8

8 8 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5838 Litigation continued from 7 her technology comfort level There is no sense in walking into the courtroom and have the judge say, You re not using that here Then you ve spent tens of thousands of dollars on all this technology you can t use Humor, especially self-deprecating humor, works when it works When it doesn t, it s awful, said US Magistrate Judge Andrew Peck Mistakes can alienate both the judge and jury, especially if they interpret the snafu as evidence a lawyer is not prepared Then, the jury feels their time is being wasted, Peck said Judges may be more understanding, although the degree may be buffered by the amount of goodwill you ve built prior to the failure If it s the same lawyer who has missed two court conferences, has regularly been minutes late every day, they ll probably have a lot less in the favor bank from the court than the lawyer who is always prepared, ontime and courteous Don t be afraid to show your vulnerability: Robert Owen, a partner at Sutherland Asbill & Brennan, said that mistakes often can be opportunities to show the jury that you are human While you want the jury to see you as someone in whom they can entrust their loyalties, no one is perfect, and mistakes happen, Owen said When mistakes occur, be natural, own it, correct it, and move on in a brisk professional way, Owen said Handle it gracefully, and you re fine Be professional and flexible: John Cleaves, supervisor of trial technology consulting at Latham & Watkins, quelled a litigation-support disaster with a mixture of competence, grace and humor A client called demanding that Cleaves fire a freelance technologist because he had forgotten to kill the electronic feed for his solitaire card game, which showed up on the judge s monitor The judge showed the game in progress and said, I don t know who is playing solitaire during this trial, but it needs to stop now Not only that, but whoever it is, they are really bad at the game So he didn t get the whole red king, black queen, red jack thing? I asked the attorney, and he smirked, Cleaves recalled Then Cleaves resolved the problem by taking over the technology for the remainder of the trial WHO SHOULD HANDLE THE TECHNOLOGY? Who should be in charge of overseeing your trial technology? Ultimately, the decision will depend on the complexity of the trial and of the technology, and the attorneys comfort in using the technology Tips from our experts: If possible, lawyers should handle the technology personally, because you can change your presentation on the fly and don t have any problems coordinating with whoever is assisting you, Lederer said David Sparks manages his own technology I like going to trial and having three or four attorneys on the other side and then having just me on my side with my Mac, he said Craig Williams recommends having a trusted associate or paralegal who is extremely familiar with both your case and the technology being used Don t ever try to do an examination or an opening and closing statement and run the technology at the same time BE PREPARED Backup, backup, backup: computers, software, e-data and even basic hardware Checklists: List every item you could possibly need, then have a colleague double-check the roster Practice makes perfect: Visit your courtroom at least a week before the trial date Rehearse using the technology you plan to use Be not afraid: If, despite all your preparation, something malfunctions, take a deep breath Juries and judges are more likely to give you wiggle room when you re calm and you ll be able to fix the problem more quickly if your emotions are under control They might even empathize This article first appeared in Law Technology News, a Legal affiliate Copyright 2011 ALM Media, LLC All Rights Reserved Further duplication without permission is prohibited USPO No Published daily, except Saturdays, Sundays and holidays 1617 JFK Blvd, Suite 1750 Philadelphia, PA Phone: Fax: wwwthelegalintelligencercom customercare@almcom hgrezlak@almcom Publisher Hal M Cohen Associate Publisher & Editor-in-Chief Hank Grezlak Managing Editor Michael A Riccardi, Esq Associate Editor Jeremy Barker Night Editor Jessica Burghaus Digest Editor Leslie Greenfield, Esq Senior Staff Reporter Gina Passarella Staff Reporters Amaris Elliott-Engel Jeff Mordock Zack Needles Ben Present US Courthouse Correspondent Shannon P Duffy Chief Financial Officer Thomas H Fiegel Advertising Director Donald Chalphin Account Manager Jayne Overturf Law Firm Account Manager Lana J Ehrlich Account Manager Matt Hartman Legal Notices Coordinator Stephanie Murray Legal Listings Supervisor Paulette Fields Assistant Listings Editor Diane DeAngelo Director of Production David Umfer Art Director Karen Leddy Graphic Designers Victor Bunn Louis Bartella Bunne Baum mike Jackson Director of Marketing Teri Reagan Circulation/Marketing Supervisor Tracy Footes Key Account Manager Joel Rubin Environmental Law continued from 5 which requires the following factors to be considered: Existence of a high degree of risk of some harm to the person, land or chattels of others Likelihood that the harm that results from it will be great Inability to eliminate the risk by the exercise of reasonable care Extent to which the activity is not a matter of common usage Inappropriateness of the activity to the place where it is carried on Extent to which its value to the community is outweighed by its dangerous attributes Activities that have been found to be ultrahazardous in the past include the collection of large amounts of water in unsuitable or dangerous places, the use of explosives in the midst of a city, pile driving near surrounding buildings and activities such as crop dusting that involve the release of poisonous gas into the air People engaged in these activities, or any other deemed to be ultrahazardous, are held to be strictly liable for the damages resulting from the activities Litigants have attempted to analogize the alleged risks associated with shale-gas development with those of the activities such as blasting that courts have found to qualify as ultrahazardous In this regard, litigants have pointed to the fact that a single shale well site can use several million gallons of water mixed with sand and chemical additives, the management of which has prompted a high level of public concern Also, while the surface land above the Marcellus Shale formation is largely rural, communities and individual residences can be located near shale drilling operations operations that involve the use of explosive charges deep underground to initially perforate the well casing within the shale before initiating the hydraulic fracturing process Risks alleged by litigants are, however, insufficient to characterize an activity as ultrahazardous where the Restatement factors on balance do not support that conclusion For instance, despite the acknowledged risks of operating a petroleum pipeline next to a Bucks County housing development, the Pennsylvania Superior Court in Melso v Sun Pipe Line Co determined that such an activity did not warrant the imposition of strict liability because it was a common activity required in our highly industrialized society Other Pennsylvania cases where activities with inherent risks have been found not to be ultrahazardous include the storage of a toxic insecticide in a barn in Diffenderfer v Staner and the storage of gasoline in underground storage tanks in Smith v Weaver Consideration of the Restatement factors suggests that the activities involved in the development of gas from Marcellus Shale will similarly be found not to be ultrahazardous First, despite the large number of wells developed and the heightened public attention paid to the issue in Pennsylvania, the Governor s Shale Advisory Commission recently acknowledged that the DEP s experience to date indicates no instances where the hydraulic fracturing process itself has negatively impacted a water supply, and similar experience has been reflected in other natural gas producing states As noted above, the Commission did raise concerns regarding the potential for methane to migrate along the outside of the well, but this concern was only identified with respect to poorly constructed gas wells Accordingly, the first three, risk-based prongs of the Restatement analysis weigh against any plaintiff asserting strict liability because the risk of water contamination and health impacts from hydraulic fracturing appears to be very limited at this point, and industry has demonstrated an ability to greatly reduce any risk involved in the drilling of wells through the exercise of reasonable care Second, with almost 4,000 Marcellus Shale wells developed in Pennsylvania since 2005 and more anticipated in the future plaintiffs bringing strict liability claims will be increasingly hard-pressed to argue that shale gas development has not become a matter of common usage, particularly because the common usage prong of the analytical framework under the Restatement can take into account usage within a given community and shale gas development is widespread within certain communities in Pennsylvania Third, to access natural gas in the Marcellus Shale formation, well operators first must obtain the rights to the natural gas reserves, typically through leases with the owners of the drill site and the owners of those gas reserves (who may also own the surface rights of the land on which the well is located) This contractual agreement may preclude the site owner and the owners of the gas reserves from claiming in any subsequent action that the well development was inappropriate to the place where it was conducted Even nonparties to gas leases will likely find it much more difficult to argue that drilling to reach the Marcellus Shale formation is analogous to an activity such as using explosives in the middle of a city in terms of its geographic appropriateness Finally, estimates of the potential economic benefits anticipated to result from development of the Marcellus Shale gas reserves are varied, but there is clear consensus that such development will produce jobs, Environmental Law continues on 9 (212) Broadway, New York, NY ALM Senior Management President/CEO William L Pollak Senior Vice President/Chief Legal Officer Allison C Hoffman Senior Vice President/ Chief Financial Officer Eric F Lundberg Senior Vice President/Legal Division Kevin J Vermeulen Senior Vice President/Chief Technology Officer Jeffrey K Whittle Vice President/Real Estate Group Vice President/Substantive Law Michael Desiato Sara Diamond Newsroom: Display advertising: Classified advertising: Legal listings: Legal notice advertising: Trial listings: Subscriptions/billing/delivery: Site Licenses: The Legal Intelligencer has been designated by the Court of Common Pleas of Philadelphia County, the Philadelphia Municipal Court, the Commonwealth Court of Pennsylvania, the Superior Court of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the Bankruptcy Court for the Eastern District of Pennsylvania as the official newspaper for the publication of all notices in Philadelphia County For authorization to photocopy items for internal or personal 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9 VOL P 5839 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 9 Environmental Law continued from 8 tax revenues, secondary economic activity and significant amounts of natural gas Moreover, such natural gas represents a domestic energy supply that lessens reliance on foreign sources of energy In light of the nation s persistent energy demands and high unemployment rates, it will be difficult for plaintiffs to argue that the value to Pennsylvania from shale-gas development is outweighed by any dangerous attributes of the practice While no Pennsylvania court has applied the above-factors to date, over the last year two orders issued by the US District Court for the Middle District of Pennsylvania on motions to dismiss in shale-related litigation highlight the challenges facing claims that drilling and stimulating natural gas wells is ultrahazardous In both Fiorentino v Cabot Oil & Gas Corp and Berish v Southwestern Energy Production Co, the court allowed the plaintiffs strict liability claims to proceed past the pleadings stage, but stressed that the likelihood of success for those claims as the cases proceeded was limited In Fiorentino, the court pointed to precedent rejecting ultrahazardous allegations against activities such as pipeline operation, and in Berish, the court noted that meeting the common usage, inappropriateness of the activity, and value to the community prongs of [the Restatement factors] will likely create difficulty for plaintiffs at the Summary Judgment Stage The recent orders issued by the Middle District, the high threshold imposed by the Restatement factors and the Marcellus Shale industry s safety record to date suggest that those seeking to assert strict liability claims against shale gas development face significant challenges Such claims will, however, likely continue to be brought until the courts bring clarity to the issue after considering the facts on a complete record In the meantime, while it is unlikely that these claims will survive summary judgment, companies involved in Marcellus Shale development and the attorneys who counsel them should be aware of the potential for strict liability claims to result from drilling for gas in Pennsylvania Theft continued from 4 with the congressional purpose of protecting domestic commerce from unfair methods of competition in importation such as trade secret misappropriation, Bryson wrote In her dissent, Moore wrote, there is no basis for the extraterritorial application of our laws to punish TianRui s bad acts in China She said that she believes the issue in the case is whether 337 authorizes the Commission to apply domestic trade secret laws to conduct which entirely occurs in a foreign country United States trade secret law simply does not extend to acts occurring entirely in China, Moore wrote We have no right to police Chinese business practices Moore observed that the potential breadth of this holding is staggering because many products made overseas could be viewed as produced using unfair business practices Absent clear intent by Congress to apply the law in an extraterritorial manner, I simply do not believe that we have the right to determine what business practices, conducted entirely abroad, are unfair, Moore wrote Greg Vogler, a partner at Chicago s McAndrews Held & Malloy who represented Amsted, which was an intervenor in the Federal Circuit case, said the ruling will help companies that have held back on licensing technology to foreign partners or opening facilities abroad because they re afraid their proprietary technology will be stolen This case, for the first time, gives them an insurance policy of some sort against that type of conduct Volger also said the dissent appears to be too narrow of a focus on the [letter of the] law and not enough of a focus on what Congress was trying to accomplish with it The International Trade Commission has a long-standing policy of not commenting on matters in litigation, said spokeswoman Peg O Laughlin Tom Schaumberg, a partner at Adduci Mastriani & Schaumberg in Washington who argued for appellants TianRui, Standard Car and Barber, declined to comment McDermott Will & Emery and Ruixue Ran, a partner at Jun He Law Offices in Beijing, also represented the appellants McDermott Will did not respond to requests for comment Ran could not be immediately reached for comment Standard Car also did not respond Sheri Qualters is a reporter for The National Law Journal, a Legal affiliate based in New York Sentence continued from 4 Guidelines for purposes for which it was never intended And he said the government was out of bounds for comparing Rajaratnam to Bernie Madoff, Bernie Ebbers and Jeffrey Skilling The government said that Rajaratnam had earned profits of between $70 million and $75 million from his scheme The defense argued that the true loss figure was about $7 million Rajaratnam was convicted in May following a two-month trial of five, distinct insider-trading conspiracies and nine counts of securities fraud for trading on or passing along material nonpublic information on Intel, Goldman Sachs and a host of other companies, according to a May 11 article in Legal affiliate the New York Law Journal The convictions came with the help of cooperating witnesses and the unprecedented use of wiretaps in an insider-trading case Evidence at the trial, Brodsky said, showed that at least 19 public companies were his victims, and at least 16 insiders were corrupted in multiple interlocking conspiracies In its presentence report, the Probation Department agreed that the defendant s wideranging charitable works should be recognized, but it did not suggest a lower term based on his medical condition The department recommended a 15-year sentence The defense had argued that Rajaratnam should receive a sentence as short as 6 1/2 years The judge also ordered Rajaratnam to pay a $10 million fine Holwell denied a defense motion to allow Rajaratnam to stay free pending his appeal to the 2nd US Circuit Court of Appeals He is due to surrender for his sentence on Nov 28 Mark Hamblett is a reporter for the New York Law Journal, a Legal affiliate Marcellus Shale continued from 1 Marcellus Shale Judge Susan Peikes Gantman remanded the case, saying there are still questions as to whether shale is a mineral, whether shale gas is conventional natural gas and whether shale is analogous to coal in that its owner also owns the gas contained within it On this record, we are unable to say with certainty that appellants have no cognizable claim based on the facts averred, Gantman said Consequently, the parties should have the opportunity to obtain appropriate experts on whether Marcellus Shale constitutes a type of mineral such that the gas in it falls within the deed s reservation Gantman was joined by President Judge Correale F Stevens and Judge James J Fitzgerald III But in their petition for allowance of appeal to the Supreme Court, the plaintiffs said Gantman had misinterpreted case law established nearly 130 years ago and had needlessly remanded a case involving a simple land conveyance for irrelevant scientific analysis In Butler, plaintiffs John E and Mary Josephine Butler were the owners of a 244-acre piece of land in Apolacon Township, Susquehanna County, according to Gantman s opinion The defendants, William H Pritchard and Craig L Pritchard, were the heirs to the estate of Charles Powers and had a deed that contained an exception reserving for them half of the minerals and petroleum oils contained on the land, Gantman said In July 2009, the plaintiffs filed a complaint to quiet title, alleging ownership of the land and adverse possession of the minerals and petroleum oils referred to in the deed s exception, Gantman said In November 2009, the defendants filed for a declaratory judgment, claiming the reservation of rights in the deed s exception included gas from the Marcellus Shale and disputing the plaintiffs adverse possession claim, according to Gantman The plaintiffs filed preliminary objections claiming the defendants lacked standing, should have filed separate declaratory judgment actions rather than a motion for declaratory judgment and failed to state a claim upon which relief can be granted, Gantman said The trial court sustained these objections, according to Gantman, and dismissed with prejudice the defendants request for a declaratory judgment that natural gas is included in the reservation of the deed On appeal to the Superior Court, the defendants asked whether the trial court had erred in ruling that natural gas was not included in the deed s reservation, according to Gantman The defendants said shale is a mineral covered by the reservation of rights in the deed because a mineral is defined as any inorganic object that can be removed from soil and used commercially, according to Gantman The defense also argued that coal and shale gas are similar in that they can both only be extracted while the coal or shale is still in the ground, citing the Supreme Court s 1983 ruling in US Steel Corp v Hoge, which held that the owner of coal owns the gas contained in the coal while any coal bed gas that makes its way into the surrounding property belongs to the owner of the surrounding property, according to Gantman In remanding the case, Gantman said the question of whether coal and shale are similar was one that needed to be answered In their petition to the Supreme Court, however, the plaintiffs argued that Gantman misinterpreted the Supreme Court s 1882 ruling in Dunham v Kirkpatrick, which held that a reservation or exception in a deed reserving minerals that does not explicitly mention natural gas or oil creates a rebuttable presumption that the term minerals was not intended to include natural gas or oil This eventually became known as the Dunham rule Susquehanna County President Judge Kenneth W Seamans had found that Dunham was controlling in this case but Gantman disagreed, saying Dunham and the high court s similar 1960 ruling in Highland v Commonwealth do not end the analysis, absent a more sufficient understanding of whether, inter alia (1) Marcellus Shale constitutes a mineral ; (2) Marcellus Shale gas constitutes the type of conventional natural gas contemplated in Dunham and Highland; and (3) Marcellus Shale is similar to coal to the extent that whoever owns the shale, owns the shale gas The plaintiffs argued in their petition, however, that while Gantman appeared to acknowledge that the Dunham rule created a presumption that the parties to the deed in Butler did not intend to include natural gas in their definition of minerals, the judge failed to recognize that Dunham also requires courts to presume that the parties additionally intended to exclude other non-metallic substances, including Marcellus Shale, from the term minerals The plaintiffs added in their petition that the Superior Court compounded this error by disregarding the most fundamental tenet of contract interpretation: that courts must ascertain and imply the intent of the parties In particular, the Superior Court remanded the case so that the trial court could consider scientific evidence as to whether Marcellus Shale is a mineral and expert testimony regarding the manner in which natural gas is contained within Marcellus Shale the very evidence that the Supreme Court has repeatedly held to be insufficient, as a matter of law, to rebut the Dunham presumption about ordinary people s intent, the plaintiffs said in the petition The plaintiffs argued that the scientific question of whether shale is a mineral is wholly irrelevant to Butler Instead, the courts must only consider whether the individuals who negotiated the deed in 1881 intended to include Marcellus Shale in their definition of minerals, the petition said The plaintiffs also argued in their petition that Marcellus Shale continues on 10

10 10 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5840 Marcellus Shale continued from 9 Gantman misconstrued the Hoge ruling According to the plaintiffs, the court in Hoge was asked to interpret the term gas, not mineral In particular, the court needed to determine whether the parties intended the reservation to permit the surface owner to extract only the natural gas located underneath the coal vein, or also permitted the surface owner to recover the coalbed gas contained in the coal vein by stimulating its release through hydrofracturing, the plaintiffs said in the petition, adding that Hoge might have applied to Butler if Charles Powers had expressly reserved Marcellus Shale, but he did not The defendants attorney, Laurence M Kelly of Kelly & Kelly in Montrose, Pa, declined to comment on the case but said he would be filing a response to the petition Zack Needles can be contacted at or zneedles@almcom Follow him on Settlement continued from 1 said his partner, attorney Eunice Trevor, created a video that included key testimony from several expert witnesses, eyewitness accounts of the accident and footage of Cawthern s treatment for the horrendous burns he suffered The video shows Cawthern days immediately after the accident, with thirddegree burns over more than 52 percent of his body, and the gruesome procedure of scraping away the burned skin to prepare for grafting Cawthern, 64, also speaks on the video, describing the moment when I sucked what I thought was my last breath of air, and the unimaginable pain he felt in the moments after the accident A doctor in the video says Cawthern was in excellent physical shape at the time of the accident, regularly swam a half-mile, wrestled with his grandchildren and worked on converting a dilapidated farm house into a modern home, doing all the construction himself The video also describes the extensive lung damage Cawthern suffered when he inhaled the vaporized metal, forcing him to undergo 21 invasive lung procedures and leaving him with a chronic cough and permanently limited lung capacity Another doctor describes the brain damage Cawthern sustained, saying his short-term memory is so damaged that he can no longer drive to his office because he cannot remember the way Cawthern s wife is also interviewed and says her husband was always active never watching television or reading and wonders, What is his life going to be like now? Also in the video, Cawthern s son describes his father s constant work on building his dream home and says without his hands, he s worthless Cawthern s physical therapy sessions are also shown as a doctor explains that he suffered permanent nerve damage that makes it difficult to lift his left leg, forcing him to use a walker And the damage to Cawthern s burned hands has left him unable to grip anything, the video shows, as Cawthern attempts to pick up a small bean bag, but can hold it for only a few moments Reading Materials lawyer, Joseph F Van Horn Jr of Bodell Bove Grace & Van Horn, could not be reached for comment Thursday US Courthouse Correspondent Shannon P Duffy can be contacted at or sduffy@almcom Breyer continued from 1 himself continues to wonder how a branch of government that does not have the power of the sword or the purse and renders unpopular decisions that are sometimes wrongly decided gets the American citizenry to accede to its decisions Founding father Alexander Hamilton, writing in the Federalist Paper No 78, said the fact that the court does not have the power of the sword or the power of the purse was exactly why it should be the branch of government in charge of upholding the Constitution, Breyer said The president already has a lot of power and Congress would be unlikely to protect the rights of people who are unpopular just as well as the rights of people who are popular, Breyer said Congress is an expert in popularity Believe me, if they weren t, they wouldn t be where they are, Breyer said According to Breyer, Hamilton said that there was no one better than the gray, bureaucratic lawyers of the Supreme Court to uphold the Constitution But just because the Supreme Court is the right branch of government for the job does not explain why Americans obey its rulings, Breyer said Compliance with the court s decisions, he said, has not always been a given When Thomas Jefferson was inaugurated as president in 1801, he was prepared to defy the Supreme Court if it ordered that William Marbury should receive his judicial commission signed by former President John Adams whom Jefferson had defeated and was a bitter political foe of the new president even though Marbury had not received the commission before Adams term in office ended But Chief Justice John Marshall was clever in reaching a ruling that gave the court the power to review statutes for constitutionality while reaching a result that was in favor of the outcome Jefferson wanted, Breyer said Constitutional law professors might say the case means other things, but Breyer said that s what he thinks it means Most notoriously, Breyer said, President Andrew Jackson is alleged to have said of the court s decision that it would be illegal to evict the Cherokee from their land: John Marshall has made his decision Now let him enforce it Instead, Jackson sent federal troops to evict the Cherokee, leading them on the infamous Trail of Tears, Breyer said In the modern era, it also was not so certain if the court s dictates would be followed In the first few years after the Supreme Court ordered the end of segregation in America s schools, nothing happened, Breyer said But in the aftermath of Brown v Board of Education, nine black schoolchildren were enrolled in Central High School in Little Rock, Ark, following a judge s order, Breyer said Arkansas Gov Orval Eugene Faubus ordered state militias to not let the students into the school, but then President Dwight D Eisenhower decided that he would send 1,000 paratroopers of the 101st Airborne Division of the US Army to enforce the court s order, Breyer said Eisenhower chose a unit famous and widely admired for its fighting in the Normandy invasion and the Battle of the Bulge, and he answered the question of foreign judges by showing that the rule of law must be paramount, he said That question posed by foreign judges partly comes from the older question of why nine people who are not elected get to set aside laws enacted by Congress, Breyer said After being on the bench for almost 20 years, Breyer said he still gets a thrill when he walks into the court to hear oral arguments because more than 300 million Americans with their 900 million points of view have decided to resolve their disputes through the court s decisions rather than with guns, riots and mayhem on the streets of America Appellate judges are alone in a room each day with books and briefs and a word processor, Breyer said, so it s important to have what the British call imagination for understanding how the words you enunciate can impact on millions of Americans Breyer was asked about a couple of controversial death penalty cases in which the court denied certiorari: Mumia Abu Jamal, who was convicted of the 1981 slaying of Daniel Faulkner, a Philadelphia police officer, and now will face a new death penalty phase, and Troy Davis, who was executed last month for the 1989 murder of a police officer in Savannah, Ga Breyer said that when the court denies certiorari when a prisoner is on the eve of execution that it is extremely unlikely that the case has not been before the court before In that instance, it is not that the court will not hear the case, but that it is not hearing the case because there is not anything new in the case, Breyer said Most cases heard by the court involve a difference of opinion between lower courts, but most cases appealed to the Supreme Court do not involve that conflict and thus do not get selected to be heard by the justices, he said When the justices meet in conference, they have two unwritten rules: one, no one speaks twice until everyone speaks once, and two, tomorrow is another day Those rules ensure that justices can reach agreement on opinions even if they disagreed with their colleagues on other opinions, Breyer said Breyer said that he published his book, Making Our Democracy Work: A Judge s View, last year in the hopes of making a commercial message that would entice some American citizens to engage with their government People are cynical, Breyer said The younger you go the more they are cynical It s all right to be cynical But if you re too cynical, there will be no government Amaris Elliott-Engel can be contacted at or aelliott-engel@almcom Follow her on Shwartz continued from 3 Menendez spokeswoman Olga Alvarez did not respond to an requesting further information Shipp, who was appointed as a US magistrate judge in 2007, graduated from Rutgers in 1987 and Seton Hall University School of Law in 1994 He clerked for New Jersey Supreme Court Justice James Coleman Jr from 1994 to 1995, and then joined Skadden Arps Slate Meagher & Flom in New York as an associate from 1995 to 2003, concentrating in employment defense and intellectual property Shipp then became assistant state attorney general for consumer protection, and in 2006 the office s liaison to the Juvenile Justice Commission, Alcoholic Beverage Control and Gaming Enforcement, and other divisions of the Department of Law and Public Safety He also served as counsel to Attorney General Stuart Rabner McNulty, who chairs Gibbons Appellate Practice Group in Newark, has been with the firm since 1998 After graduating from Yale University in 1976 and New York University School of Law in 1983, McNulty clerked for District Judge Frederick Lacey He spent 1984 to 1987 at Paul Weiss Rifkind Wharton & Garrison in New York handling litigation He joined the US Attorney s Office in Newark in 1987, prosecuting cases in the Frauds and Criminal divisions He served as deputy chief of the Criminal Division from 1991 to 1995 and chief of the Appeals Division from 1995 to 1998 David Gialanella is a reporter for the New Jersey Law Journal, a Legal affiliate wwwthelegalintelligencercom For the full online version of The Legal Intelligencer

11 VOL P 5841 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER b Litigation Support Services Court Reporting Electronic Discovery Services Electronic Discovery Services Trial Presentation & Video Services To appear in our Litigation Support section, contact an account manager today! Jayne Overturf joverturf@almcom Matt Hartman mhartman@almcom

12 12 THE LEGAL INTELLIGENCER FRidaY, OCTOBeR 14, 2011 VOL P 5842 DIRECTORY OF EXPERTS & SERVICES Call The Legal Intelligencer today to reserve your listing: ADVERTISING SERVICES WILLIAM J MANSFIELD, INC Suite Old Eagle School Road Wayne, PA Legal Advertising since 1935 Corporations Fictitious Names Estates Name Changes Quiet Titles, etc (610) Fax: (610) JEWELRY APPRAISAL REUBEN LANDSBERG AND SONS ~ ESTABLISHED 1901 ~ Gems & Jewelry Appraisals for Obtaining Insurance, Estates, Marital Dissolution Fredric Landsberg, Master Gemologist Appraiser 740 Sansom Street, Suite 305 Philadelphia, PA ~ LandsbergF@aolcom wwwlandsbergandsonscom HANDWRITING EXPERTS Certified J WRIGHT LEONARD, CDE Federal, State & Local Courts Center City Philadelphia Location EXPERT PLAINTIFF NEGOTIATOR Have a cash flow problem in your personal injury office? Have the cases, but find settlements harder to come by? Unsettled cases piling up, along with costs? The answer is your own personal injury EXPERT negotiator 25 years experience working for the largest United States insurance carrier as well as New York & Philadelphia plaintiff practices Rescue cases in limbo, derive the highest monetary value per settlement Call or usjustice19@yahoocom and turn that open case to CASE CLOSED! OFFICE CLEANING SERVICE L MOURS CLEANING COMPANY Introducing Your Cleaning Solution For over 30 years we have provided quality workmanship in the Delaware Valley Area Specializing in Janitorial Services for high rise commercial buildings and office complexes Call Us for a Free Consultation or FORENSIC CONSULTANTS AUTOPSIES & EXHUMATIONS Jonathan A Briskin, JD, MD Consultation & Testimony Forensic Pathology & Forensic Medicine Causation Medical Principles & Illustration Daubert Type PHONE: (610) FAX: (610) SENIOR Senior Home HOME Sale SALE senior Home sale s p e c i a l i s t s Helping your clients sell their homes faster & easier We communicate and coordinate with you and your client s family We arrange all services relating to the move and the sale of the home down to the smallest detail We eliminate the anxiety about moving, and our clients are happy Diane Krause and Angela Berke are a certified Seniors Real Estate Specialist (SRES) team They are experienced and committed to working with older adults and their families, adding value to the transaction without additional expense Contact us info@seniorhometeamcom wwwseniorhometeamcom 763 W Lancaster Avenue Bryn Mawr, PA Office: LEGAL WRITING DEPOSITION SUMMARIES Expertly prepared by a Juris Doctorate who served on the board of directors of The Philadelphia Association of Paralegals RUSH SERVICE AFFORDABLE RATES ACCuRATE LEGAL mjrlp18@verizonnet PUBLIC ADJUSTERS JEWELRY APPRAISAL Estates Appraised, Purchased & Divested Harry Merrill & Son, Inc Jewelers 3 Generations, since 1954 Contact us for information and appointments at your location or ours or Merrill124@aolcom wwwhmerrillcom MARKETING FREE MARKETING PLAN Over 50 years experience American Adv Services 29 Bala Ave, Suite 114 Bala Cynwyd, PA adcomtimes@aolcom wwwphillybizmediacom VIDEO SERVICES Video for Business 30 Seconds to 30 Minutes One-Stop Complete Job, or Required Segments Casting Creative Production 29 Bala Ave, Suite 114 Bala Cynwyd, PA T F adcomtimes@aolcom wwwphillybizmediacom For Law Firm Recruitment Advertising please contact Faye Melendez at or fmelendez@almcom For office for rent or Experts & Services please contact Don Chalphin at or dchalphin@almcom

13 VOL P 5843 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 13 CLASSIFIEDS EMPLOYMENT OFFICE SPACE REAL ESTATE PER DIEM POSITIONS WANTED AND MORE Attorneys EMPLOYMENT LAWYER LATERAL HIRE Well-established Harrisburg law firm Nauman Smith is seeking an employment law attorney who is looking to control his or her destiny in a small collegial firm Ideal candidate would have 5-10 years experience ( primarily representing management) with a portable book of business Litigation experience required Must be business development oriented and able to help service the firm s present client base Must be a team player Flexible and non-traditional work schedules will be considered Interested candidate should send resume in confidence to Rose Sullivan, Office Manager at PO BOX 840, Harrisburg, PA or by to: rose@nsshcom Senior Counsel Teva Pharmaceuticals seeks a Senior Counsel to advise our Quality Unit on FDA matters, counsel a business unit on commercial agreements, oversee distribution licenses, and provide general contract review and preparation Requirements include: JD from an ABA accredited law school, 5+ years of large law firm or in-house experience in the health care industry advising on corporate legal and contract issues; and knowledge and experience with interpreting FDA regulatory requirements for GMP and/or experience counseling corporate clients on FDA-related matters This position is located in our Horsham, PA facility Please apply directly to: wwwtevausacom Class 115 # Well respected mediu 2 x 300 in LITIGATION ATTORNEY WANTED Prominent litigation firm in Philadelphia seeks bright, industrious litigation attorney Minimum 8 to 10 years of extensive experience in Civil and Criminal litigation Must have excellent research, writing and courtroom skills Fax resume to (215) or mail to: Office Manager PO Box 2254 Phila, PA or PhilaAttorney@gmailcom Well-respected medium sized law firm in Media, Delaware County is looking to fill 2 litigation attorney positions Competitive salary and benefits, excellent work environment and support staff provided Our practice is concentrated in the areas of community association representation, together with commercial litigation and real estate Commercial Litigation Attorney (10-15 years experience) - Applicant should be a hardworking and motivated commercial litigator with years experience Trial experience a must (both bench and jury) Applicant must be comfortable with all aspects of commercial litigation Commercial Litigation Attorney (3-8 years experience) - Applicant should be a hardworking and motivated commercial litigator with 3-8 years experience Applicant must be comfortable with all aspects of commercial litigation Please resume, writing samples and references to amarcus@marcushoffmancom To Place Your Ad Today Please Call Faye Melendez fmelendez@almcom Fax: Paralegal Legal Secretary/ Paralegal CC Plaintiff PI Sole practitioner seeks experienced leg Secr/ paralegal to work during maternity leave of unknown duration Must be fully familiar w/ Time Matters, electronic ctfiling, Quick books and Word Perfect cv and fee requirements: joe@piscitellolawcom Partnership Opportunities PARTNER OPPORTUNITY The Philadelphia office of this national firm is offering exceptionally attractive terms to partners with significant portables The required portables, however, are very reasonable at this firm The firm is open to most business law practice areas, especially tax, real estate, construction, general corporate, energy, environmental, securities and/or government contract law practices Very appealing is the firm s wide range of billing rates, so you will be able to provide your clients all of the resources and benefits of a firm of this caliber AND reasonable rates This firm has much to offer Call us today if your current firm is not working with and for you Interested candidates may resumes directly to abelson@abelsonlegalsearch com please reference job code or apply online at www abelsonlegalsearchcom Per Diem SITUATION WANTED_ PER DIEM Attorney with significant experience, including contract disputes, insurance matters, tort cases & general litigation, available for per diem or case assignments Preparation of briefs, court appearances, depositions, trial preparation & any other needed assistance Greater Phila area Reasonable rates References available Please reply to: atty091595@gmailcom Offices For Rent 2207 CHESTNUT STREET Looking for collegial environment? Individual or multiple offices within boutique Phila law firm, in newly renovated, attractive building Conference rooms and other amenities included Contact Heather Myers (215) ext 105 wwwthelegalintelligencercom For the full online version of The Legal Intelligencer Offices For Rent Offices For Rent ACROSS FROM MONTCO COURT HOUSE Space available for up to three attorneys; kitchen, reception area, conference room, and parking Newly painted and carpeted Call John O Rourke at Affordable Class A Space in Bucks County Cambria Corporate Center; next to I-95 & SEPTA train station All-inclusive suites for $450/mo; large layouts at $18/sq ft NNN Contact Greg Mason (215) CENTER CITY - PHILADELPHIA $425/mo Center City office with receptionist Available now Call (215) CLOSE TO MONTGOMERY COUNTY COURTHOUSE Furnished office suites for rent in the Norristown area Includes Internet, conference room, kitchen, and waiting areas Just blocks from the Courthouse and Norristown transportation center Please call Renee at for more info Stunning Law Firm Suite, 1500 JFK Blvd, 2 Penn Ctr, Amenities incl $90000 per office For more for info call Janet (215) THE WELLINGTON 19TH & Walnut Great space available for solo or small law firm Newly improved office w/ Small conference room, Carpet, Windows, Private entrance with door man Utlities included Call Maureen if interested at: (215) Class #Reserved TO RESPOND TO A BLIND BOX AD AT THE LEGAL 1 x 864 in Address your resume to: Box #, The Legal Intelligencer, 4 METROTECH, 21st Floor, Brooklyn, NY If you do not want your resume to be sent to a specific firm, please follow these directions: 1 Place response in envelope with Box # on front 2 Attach note to resume, listing firms where your resume should not be sent 3 Place envelope and note in an 8 1/2 x 11 envelope addressed to Box Reply Coordinator at the above address You will not be told any information about the firm placing a blind box ad 4 Responses with incorrect addresses will not be forwarded Advertise available office space In The Legal Intelligencer Please call Matt (215) Or Jayne (215) For more information or to place your ad today!

14 14 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5844 Public Notices Estate Notices NOTICE TO COUNSEL Your attention is directed to Section 3162 of the Probate, Estates and Fiduciaries Code of June 30, 1972 (Act No 164) which requires advertisement of grant of letters to contain the name and address of the personal representatives ORPHANS COURT OF PHILADELPHIA COUNTY Letters have been granted on the Estate of each of the following decedents to the representatives named, who request all persons having claims against the Estate to present them in writing and all persons indebted to the Estate to make payment to them (unless otherwise noted all addresses being in Philadelphia): CANNON, LORETTA -- Latonja Cannon, Administratrix, 2852 East Tulip Street, Philadelphia, PA 19134; Frederick M Nice, Attorney, Leisawitz Heller Abramowitch Phillips, PC, 2755 Century Boulevard, Wyomissing, PA * DOMBROWSKI, EDWARD H -- Walter S Dombrowski, Executor, 2035 Fuller Street, Philadelphia, PA 19152; Arlene Glenn Simolike, Attorney, 9223 Frankford Avenue, Philadelphia, PA GOULD, FLORENCE -- Lorraine Jones, Executrix, c/o William M O Connell III, Esquire, Barbin & O Connell, PC, 608 Huntingdon Pike, Rockledge, PA ; William M O Connell III, Attorney, Barbin & O Connell, P C, 608 Huntingdon Pike, Rockledge, PA * O'CONNELL, DOROTHY, (also known as DOROTHY R O'CONNELL) -- Anthony Vito, Executor, c/o Gerald L Bowen, Jr, Esq, 530 Street Road, Southampton, PA 18966; Gerald L Bowen, Jr, Attorney, Bowen & Burns, 530 Street Road, PO Box 572, Southampton, PA PITTS, BERTHA L -- Barbara R Stevenson, Administratrix, c/o The Law Firm of Barry S Rabin, 3460 Lincoln Highway, Thorndale, PA 19372; Barry S Rabin, Attorney, 3460 Lincoln Highway, Thorndale, PA * SANDOE, MENGA D -- Irwin N Rosenzweig, Executor, c/o Mitchell S Rosenzweig, Esquire, 2250 Chapel Avenue West, 2nd Fl, Cherry Hill, NJ 08002; Mitchell S Rosenzweig, Attorney, 2250 Chapel Avenue West, 2nd Fl, Cherry Hill, NJ WATSON, JEANETTE D, (also known as JEANETTE WATSON) -- Cheryl Watson, Administratrix,2005 Wilmot Street, Philadelphia, PA 19124; John R Zonarich, Attorney, Skarlatos Zonarich LLC, 17 S Second Street, 6th Fl, Harrisburg, PA Fictitious Name Registration NOTICE is hereby given pursuant to the provisions of Act of Assembly, No 295, effective March 16, 1983, of the filing in the office of the Department of State of the Commonwealth of Pennsylvania, at Harrisburg, PA, on October 12, 2011, an Application for the conduct of a business in Philadelphia County, Pennsylvania, under the assumed or fictitious name, style or designation of WW Hospitality with its principal place of business at: 1628 JFK Blvd, 4th Floor, Philadelphia, PA The name and address of the person owning or interested in said business is: Candice Kochenour, 1628 JFK Blvd, 4th Floor, Philadelphia, PA * Name Change Court of Common Pleas for the County of Philadelphia, September Term, 2011, No Notice is hereby given that on October 3, 2011 the petition of Deborah & Robert O Brien was filed, praying for a decree to change the name of Michele Marie Pagan to Michele Marie O Brien The Court has fixed November 10, 2011 at 9 AM, in Room No 6, 34 S 11th Street, Philadelphia, PA for hearing All persons interested may appear and show cause if any they have, why the prayer of the said petition should not be granted Solicitor Nanci Olivere Weber, Esquire 128 Greenwood Avenue Wyncote, PA * City Council City of Philadelphia City Council Notice Of a Bill reported from a Committee of the Council of the City of Philadelphia on Thursday, October 13, 2011: An Ordinance amending Chapter of The Philadelphia Code, entitled "Minors," by amending Section , entitled "Unlawful Conduct of Minors," and Section , entitled "Parental Responsibility for Minor Children," to provide for earlier curfew hours for minors, to provide for different curfew hours for additional age groups among minors, and to provide for parental liability, establishment liability, and for penalties and enforcement, for violations of Chapter or any expanded curfew under the Mayor's emergency powers, all under certain terms and conditions MICHAEL A DECKER Chief Clerk * City Council City of Philadelphia Public Hearing Notice The Committee on Rules of the Council of the City of Philadelphia will hold a Public Hearing Tuesday, November 1, 2011, at 10:00 AM, in Room 400, City Hall, to hear testimony on the following items: An Ordinance amending Chapter of The Philadelphia Code, entitled "Service and Other Businesses," by adding a new Section regulating an employer's treatment of gratuities left by patrons for employees, including, but not limited to, a requirement that all gratuities be paid over to employees without deduction, including, in the case of a gratuity paid by credit card, any deduction for credit card processing fees; providing penalties for violations; and providing for a private right of action for employees aggrieved by violations of the Section; all under certain terms and conditions An Ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending Section , entitled "Outdoor Advertising and Non-Accessory Advertising Controls," by permitting certain non-accessory outdoor advertising signs within the area bounded by 7th Street, Spring Garden Street, 6th Street, and Willow Street, under certain terms and conditions Immediately following the public hearing, a meeting of the Committee on Rules, open to the public, will be held to consider the action to be taken on the above listed items Copies of the foregoing items are available in the Office of the Chief Clerk of the Council, Room 402, City Hall MICHAEL A DECKER Chief Clerk * To Publish your Estate NOTICES Call Stephanie Murray Miscellaneous Notices NOTICE Pursuant to the Order of the Court of Common Pleas of Philadelphia County, all current claimants in Philadelphia County, or any other County, and prospective claimants, for payment from the Pennsylvania Real Estate Recovery Fund on behalf of Joseph N Reilly d/b/a Joseph N Reilly Real Estate, Inc, and Joseph N Reilly Real Estate Inc, are hereby notified that they must inform this Court in writing, of any request for payment from the Real Estate Recovery Fund on or before December 15, 2011 The Written Notice of claim must contain the following information: 1) the name, address, social security number and telephone number of the person(s) making the claim; (2) the date of the real estate transaction upon which the claim is based and the address of the property; (3) the amount of the claim; (4) a verification that the claimant is not the spouse of or the personal representative of the spouse of Joseph N Reilly; (5) that the claimant has filed an application/claim for payment from the Real Estate Recovery Fund, and/or intends to file a claim, because of the action of Joseph N Reilly d/b/a Joseph N Reilly Real Estate, Inc, and/or Joseph N Reilly Real Estate Inc, and (6) if a claim is currently pending the name of the court and docket number for the claim as well as attach a copy of the claim filed Said Notice shall be filed under the caption Cox, et al v Reilly, September Term 2010, No 1332 ANY PERSON FAILING TO GIVE NOTICE OF THEIR CLAIM TO THE COURT OF COMMON PLEAS OF PHILA- DELPHIA COUNTY AS HERE- IN STATED ON OR BEFORE DECEMBER 15, 2011 SHALL BE FOREVER BARED FROM MAKING SUCH CLAIM Send your written claim to: Office of the Prothonotary Court of Common Pleas of Philadelphia County First Judicial District of Pennsylvania Civil Trial Division Room 280, City Hall Philadelphia, PA You must also send a copy of the notification to: Julia A Feld Caralle, Esquire Department of State - Legal Office 2601 North Third Street PO Box 2649 Harrisburg, PA If you have any questions, please contact Julia A Feld Caralle at (717) * The Legal Intelligencer Renew Your Subscription TODAY! Recruitment Ad Bland? Upgrade!! Post your jobs on lawjobscom It is easy to increase the visibility and response your job posting receives by adding color, bolding fonts, featuring it on the homepage or spotlighting it on the search results page ADDITIONAL FEATURES INCLUDE: Response tracking tools Confidential employer job postings Programmable resume alert system For more detail, visit our site or contact: Faye Melendez fmelendez@almcom PICS Get the full-text case you need instantly! PICS is Pennsylvania s only instant full-text case service developed by ALM, publisher of The Legal Intelligencer and Pennsylvania Law Weekly call today (800)-276-PICS

15 VOL P 5845 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 15 Public Notices Don t Start Your Day Without It! Complaints IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PA MEDICAL PROFESSIONAL LIABILITY ACTION - CIVIL CASE April Term, 2011 No Jury Trial Demanded Diane M Carr, 4506 Tudor Street, Philadelphia, PA 19136, Plaintiff vs Albert Einstein Medical Associates, Inc, individually and/or doing business as Albert Einstein Health Network and/or Albert Einstein Medical Center, 5501 Old York Road, Philadelphia, PA 19141, Defendant NOTICE TO DEFEND NOTICE: 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 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 claimed in the complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you 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 PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE One Reading Center Philadelphia, PA Telephone: VILLARI, BRANDES & KLINE, PC BY: Peter M Villari, Esquire Theresa L Giannone, Esquire Attorney ID: #26875, # Tower Bridge, Suite Washington Street Conshohocken, PA tgiamone@villarilawcom (610) Attorneys for Plaintiff * Meeting the needs of practicing attorneys for more than 160 years Stay informed with the most trusted and respected source of legal news and information on the local and state level Keep up to date on the latest legal industry trends & developments with our in-depth editorial coverage as well as news on court decisions, verdicts and practice issues Improve your practice and career with 30+ columns focusing on topics such as IP, Securities, Law Firm Management and Professional Development In addition to your daily subscription you ll also get: PaLaw, our yearly magazine featuring the PaLaw 100 as well as the most detailed information on the state of the legal profession in Pennsylvania Over 20 supplemental issues on topics including Litigation, Labor & Employment, Intellectual Property and Real Estate Need to Place a Public Notice? The Legal Intelligencer is Your subscription also includes access to thelegalintelligencercom designated as the official newspaper for the publication of all notices in Philadelphia County For more information or to Searchable Archives Breaking local, regional and national legal news as it happens Headline news alerts Exclusive web-only content Easy access to blogs devoted to law and politics Court central judicial profile PDF of paper And much more! place a public notice, please contact Stephanie Murray at or Subscribe Today! Online: wwwlawcatalogcom/tli Phone: smurray@almcom

16 16 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5846 l e g a l l i s t i n g s COURT NOTICES WEEKLY EMERGENCY JUDGE ASSIGNMENT The Emergency Judge handles all emergencies (Civil, Criminal, Orphans and Family Court matters) arising after Court hours As part of this assignment, Judge Walter J Olszewski will perform weddings on Tuesday and Thursday, in Room 410 City Hall, at 3:00 pm The regular emergency assignment is as follows: The Honorable Walter J Olszewski Friday, October 14, 2011, 5:00 pm, through Friday, October 21, 2011, 9:00 am UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE The United States Bankruptcy Court for the District of Delaware instituted an annual process to review and consider comments and revisions to its Local Rules The comment period is October 1, 2011 through October 31, 2011 Any comments should be ed to the United States Bankruptcy Court for the District of Delaware at the following address: Local_Rules@debuscourtsgov or ed to Kimberly LaMaina at klamaina@skaddencom All comments received will be discussed by the Local Rules Committee to ascertain if there will be a revision to the Local Rules I CENTRAL ELECTION COURT - Courtroom 676, City Hall Courtroom 676, City Hall, will be the central location for all records of the Registration Division, Board of Elections and the Prothonotary Central Election Court will convene at 7:00 AM and will remain open continuously until 10:00 PM (Phone: ) Judges assigned to the Central Election Court will have jurisdiction over all election matters, and shall, as provided in 25 PS 3046: act as a committing magistrate for any violation of the election laws; settle summarily controversies that may arise with respect to the conduct of the election; issue process, if necessary, to enforce and secure compliance with the election laws; decide such other matters pertaining to the election as may be necessary to carry out the intent of the Election Code; and when an individual is seeking a judicial order to vote, shall inform the individual of the provisional ballot process set forth in 25 PS 3050 Section 3050 provides, inter alia: Any revisions to the Local Rules will be posted on the Court s website and will be effective February 1, 2012 Questions for the Local Rules Committee should be addressed to Gregg Galardi at (212) , gregggalardi@dlapipercom or Kimberly LaMaina at (302) , kimberlylamaina@skaddenco ELECTION DAY JUDICIAL ASSIGNMENTS 2011 General Election - Tuesday, November 8, 2011 ORDER AND NOW, this 12 th day of October, 2011, the following Election Court assignments are made, which shall supersede other assignments, during the scheduled Election Court hours only No substitutes will be provided by the President Judge In the event of a personal emergency, the assigned judges must arrange for substitutes with any judge not assigned herein However, judges assigned to the criminal list room program should not sit in Election Court in lieu of their list room assignments If substitutions are made, the information must be provided to the Office of the President Judge as soon as possible october 14 The Montgomery Bar Association Annual Fall 2011 Workers Compensation CLE Seminar - 1:00 pm to 4:15 pm 3 Hours Substantive credits Cost: $7950 Members; $16050 Non-members Pre-registration required, walk-ins add $1000 The Montgomery Bar Association, 100 West Airy Street, Norristown, PA For more information, or to sign-up, contact John Ringwood at (610) , ext 211 or at john@montgomerybarorg october 17 The Montgomery Bar Association Updates in Employment Law :00 am to 4:30 pm 6 Hours Substantive credits Cost: $177 Members; $339 Nonmembers Pre-registration required, walk-ins add $1000 The Montgomery Bar Association, 100 West Airy Street, Norristown, PA For more information, or to sign-up, contact John Ringwood at (610) , ext 211 or at john@montgomerybarorg october 18 Pennsylvania Bar Institute A Day on Health Law The CLE Conference Center, Wanamaker Building, 10th Floor, Suite :30 am to 3:40 pm; check-in at 8:00 am; lunch included; cost: $299 Members; $279 Members admitted after 1/1/07; $319 Non-members; 5 Substantive/1 Ethics credit Pre-registration recommended For more information contact PBI Customer Service at PBI or go to wwwpbiorg The Montgomery Bar Association Elder Law Ethics - 12:00 pm to 1:30 pm 7 Hour Ethics credit Cost: $44 Members; $71 Non-members Pre-registration required, walk-ins add $1000 The Montgomery Bar Association, 100 West Airy Street, Norristown, PA For more information, or to sign-up, contact John Ringwood at (610) , ext 211 or at john@montgomerybarorg The Montgomery Bar Association New Developments in Consumer Protection Law - 9:00 am to 11:00 am 1 Hour Substantive and 1 Hour Ethics credits Cost: $55 Members; $10850 Non-members Pre-registration required, walk-ins add $1000 The Montgomery Bar Association, 100 West Airy Street, Norristown, PA For more information, or to sign-up, contact John Ringwood at (610) , ext 211 or at john@montgomerybarorg Jenkins Law Library CLE Seminar Internet Medical Literature Searching With over 20 million medical citations, PubMed is the largest public access government database available free on the web In this 1-hour class you will learn research techniques and helpful hints for retrieving relevant articles, investigating expert witnesses and locating practice guidelines for standards of care 12:30 pm to 1:30 pm at Jenkins Law Library, Computer Learning Center, 833 Chestnut Street, Suite Substantive CLE Credit The cost is $39 for Jenkins members, $59 for non-members, and $20 for judges/ clerks/paralegals Pre-registration required jenkinslaworg/classes october 19 Pennsylvania Bar Institute Foreign Corrupt Practices Act The CLE Conference Center, Wanamaker Building, 10th Floor, Suite :00 am to 12:15 pm; check-in at 8:30 am; cost: $249 Members; $229 Members admitted after 1/1/07; $269 Non-members; 3 Substantive credits Pre-registration recommended For more information contact PBI Customer Service at PBI or go to wwwpbiorg The Montgomery Bar Association Practical Aspects of Immigration Law Montco Lawyer: family, Criminal & Employment Issues for Small Companies - 10:00 am an individual who claims to be properly registered and eligible to vote at the election district but whose name does not appear on the district register and whose registration cannot be determined by the inspectors of election or the county election board shall be permitted to cast a provisional ballot Prior to voting the provisional ballot, the elector shall be required to execute an affidavit which must be signed by the voter, the Judge of Election and minority inspector After the provisional ballot has been cast, the individual shall place it in a secrecy envelope The individual shall place the secrecy envelope in the provisional ballot envelope and shall place his signature on the front of the provisional ballot envelope No judge who is not assigned to Central Election Court shall take any action with respect to any election matter, unless prior approval is obtained from the President Judge The assigned Central Election Court Judges shall provide their personal tipstaff to assist them in their Election Day duties Judge Court Reporter 7 AM to 2:30 PM Honorable Glynnis Hill Ludyn Santiago 2:30 PM to 10 PM Honorable Daniel J Anders Barry Harris II STANDBY ASSIGNMENTS COMING EVENTS to 12:30 pm 2 Hours Substantive credits Cost: $63 Members; $117 Non-members Pre-registration required, walk-ins add $1000 The Montgomery Bar Association, 100 West Airy Street, Norristown, PA For more information, or to sign-up, contact John Ringwood at (610) , ext 211 or at john@montgomerybarorg Jenkins Law Library CLE Seminar Lexis Refresher Build a firm electronic legal research foundation This class will provide you with a working knowledge of the Lexis service Learn the basic steps of how to access Lexis com, how to execute a Boolean search, how to check a citation by using Shepard s, and how to get a document by citation, party name or by docket number 12:30 pm to 1:30 pm at Jenkins Law Library, Computer Learning Center, 833 Chestnut Street, Suite Substantive CLE Credit Free for Jenkins members, judges/clerks/paralegals $2500 for non-members Preregistration required jenkinslaworg/classes Department of Records As of October 11, 2011, all instruments left for record to September 30, 2011 are ready for delivery i n s i d e 16 Coming Events 38 Superior Court 31 Common Pleas Court 32 Criminal Trial List 17 Federal Court 34 Municipal Court 39 Register Of Wills Court Notices continues on Supreme Court 20, 37 US Bankruptcy Court 37 US Court of Appeals 37 US District Court

17 VOL P 5847 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 17 DISTRICT COURT NOTICE 1 Counsel shall promptly notify the deputy clerk to each judge before whom he/she has a case listed upon becoming attached for trial in another court To be accorded recognition, a busy slip, using the designated form, MUST be filed in Room 2609 before 1 pm on the day after counsel becomes attached 2 Cases in the trial pools do not necessarily appear in the order in which they will be called Counsel should therefore be ready to begin trial upon receiving telephone call notice, subject to the following: (a) Counsel whose cases are in the pools will be given 48 hours notice, if feasible, but not less than 24 hours notice to ready for trial with witnesses (b) It is counsel s responsibility to check with each judge s deputy clerk on the status and movement of criminal and civil cases in that judge s pool (c) Counsel will not be required to commence trial less than 24 hours after completing trial of another case J CURTIS JOYNER Chief Judge J C JOYNER, CJ Courtroom 17A Chambers: Room Deputy Clerk: Sharon Carter Phone: MON, OCTOBER 17, :30 AM CR D J Ignall United States vterry Trapp M G Paul MON, NOVEMBER 28, 2011 CR R Hsia USA vtony Davis W J Honig CR A D Fisk USA vshawn Lowe MON, DECEMBER 12, 2011 CR K R Brennan USA vabdul Jones 10:30 AM CR M K Costello USA vrichard Minicozzi, MD J Miller; S Linn S DALZELL, J Courtroom 15B Deputy Clerk: Eileen Adler Phone: WED, NOVEMBER 2, 2011 CR V Gauri United States of America vharris M DeWese E J Kelly MON, NOVEMBER 7, 2011 CR P Shapiro United States of America vterell Hampton W T Brennan WED, NOVEMBER 9, 2011 CR J LaBar United States of America varthur Dubs S N Abaza WED, NOVEMBER 16, 2011 CR M McCartney United States of America vjennifer Murray L Busico; R Kalmbach MON, DECEMBER 5, 2011 CR D Ignall United States of America vpreston Fulton F Sarner WED, DECEMBER 7, 2011 CR E McKillip United States of America vjoel Durand R Thompson MON, DECEMBER 12, 2011 CR M Dubnoff United States of America vconstantin Luchian S P Sigman MON, JANUARY 9, 2012 CR A Eve United States of America vdionicio Gomez L T Savino; E T Cohen MON, FEBRUARY 6, 2012 CR A Nguyen United States of America vbrian McDaid M Cedrone MON, JUNE 4, 2012 CR N Winter; V Gauri United States of America vmoussa Ali Hamdan J M Lindy E C ROBRENO, J Courtroom 11A Deputy Clerk: Ronald Vance Phone: M A MCLAUGHLIN, J Courtroom 13A Secretary/Civil Deputy:Cheryl Stormes Phone: Courtroom Deputy: Dennis Hartman Phone: P B TUCKER, J Courtroom Deputy: Michael Owens Phone: B SCHILLER, J Scheduling/Deputy Clerk: Jean Pennie Phone: ESR-Courtroom Deputy: Chris Campoli Phone: L DAVIS, J Courtroom 6A Secretary/Deputy Civil: Mia Harvey Phone: (267) Courtroom Deputy Criminal; Donna Croce Phone: (267) CM RUFE, J Scheduling/Deputy Clerk: Velma T White Phone: (267) Fax: (267) ESR/Courtroom Deputy: Erica Pratt Phone (267) FRI, OCTOBER 14, 2011 Sentencing CR D Axelrod, AUSA United States of America vzachary Davis F Perri, Jr, Esq Motion Hearing 2:00 PM CR N Leverett,III, AUSA United States of America vyan Bermudez J McHugh, Jr, Esq Hearing Arraignment/Plea 3:00 PM CR D Axelrod, AUSA United States of America vthomas Patterson R Linderman, Esq TUE, OCTOBER 18, 2011 Hearing Violation of Supervised Releas CR A Wzorek, AUSA United States of America veugene Weaver, III T Bergstrom, Esq WED, OCTOBER 19, 2011 Hearing Sentencing 2:00 PM CR P Ransome, AUSA United States of America vgerardo Avila- Canela S Lin, Esq THU, OCTOBER 20, 2011 Hearing Violation of Supervised Releas 2:00 PM CR R Barrett, AUSA United States of America vlamont McLaurin J Miller, Esq FRI, OCTOBER 21, 2011 Hearing Sentencing 2:00 PM CR D Axelrod, AUSA United States of America vrobert Chatelain A Dixon, Esq MON, OCTOBER 24, 2011 Hearing Sentencing CR K Newton, AUSA United States of America vvicnent Myers M Rickles, Esq 2:00 PM CR K Newton, AUSA United States of America vdionna Hayes C Reynolds, Esq CR J Labrum, III AUSA United States of America vchristian Serrano, et al S Murohy, Esq; C Martir, Esq; T Henry, Esq; J Ongay, Esq MON, NOVEMBER 7, 2011 Hearing Sentencing CR R Kornylak, AUSA United States of America vtyrone Fields P George, Esq FRI, NOVEMBER 18, 2011 Hearing Sentencing 2:00 PM CR A Wzorek, AUSA United States of America vterrance Cook S Adamo, Esq FRI, DECEMBER 16, 2011 Hearing Sentencing 2:00 PM CR T Swanton, AUSA United States of America vmatthew Flood M Islam, Esq CR M Miller, AUSA United States of America vroger Culbreth A Jalon, Esq MON, DECEMBER 19, 2011 Hearing Sentencing CR K Newton, AUSA United States of America vdenise Hayes D Caglia, Esq 2:00 PM CR K Newton, AUSA United States of America vderricka Hayes R Coyne, Esq TUE, DECEMBER 20, 2011 Hearing Sentenicng CR B Witzleben, AUSA United States of America vjoanne Elliot M Isenberg, Esq MON, MARCH 19, A Goldstein Esq; C Crotteau Esq; K Rosenfield Esq; M Jackson Esq; M Hoyer Esq Nippo Corporation/International Bridge Corporation vamec Earth & Environmental, Inc D Wonderlick Esq; J Tieder, Jr Esq; K Barnes Esq; K McKeon Esq; M Suga Esq M BAYLSON, J Secretary / Courtroom Deputy: Lynn Meyer Phone: (267) Courtroom Deputy Criminal: Joanne Bryson Phone: (267) FRI, OCTOBER 14, 2011 CR B Witzleben USA velliott M Isenberg TUE, OCTOBER 18, 2011 CR A Lunkenheimer; A Lunkenheimer USA vlindsey B Siegel; P Hetznecker P Downey; C Brayton; J Wells Lugo vfarmer R Glasgow; M Mueller; J Welch MON, OCTOBER 24, 2011 CR K Marson USA vmcghee E Tinari MON, OCTOBER 31, 2011 CR P Shapiro USA vjohnson M Kramer FRI, NOVEMBER 4, 2011 CR K Marson USA vwilson D Cogan; K Edelin; B McMonagle; T Bello; C Warren; P Maynard MON, NOVEMBER 7, 2011 CR J LaBarr USA vshannon D Kozlow MON, NOVEMBER 14, 2011 CR A Lunkenheimer USA vmadison E Toplin MON, NOVEMBER 21, 2011 CR A Fisk USA vlashley C Cinquanto CR T Zaleski USA vroberts D Kozlow MON, DECEMBER 5, 2011 CR A Schell USA vbaird N Spizer CR K Klotz USA vmarquez R Shore MON, DECEMBER 12, 2011 CR S Miller USA vshelow M Cedrone MON, DECEMBER 19, 2011 CR J Gallagher USA vclarke E Toplin TUE, JANUARY 17, 2012 CR T Stevens USA vbryant J McHugh Jr MON, MARCH 19, 2012 CR K Grigsby USA vdemarco, III C Warren; P Sarmousakis; M Engle; A Schneider T J SAVAGE, J Courtroom 9A Courtroom Deputy: Harry E Grace Jr Phone: Judicial Secretary: Roseann Giangiordano Phone THU, NOVEMBER 10, :00 AM CR J R Pavlock United States of America vderrick Williams J J McHugh Jr THU, NOVEMBER 17, :00 AM CR J Whitehead Jr United States of America vnaim Samar King N C Spizer CR M K Costello United States of America vmarcel Delvillar S R LaCheen MON, NOVEMBER 21, :00 AM CR A D Eve United States of America vfresa Pichardo R Turco; N C Spizer; C O Reynolds TUE, NOVEMBER 22, :00 AM CR N Leverett III United States of America vwilbert Saunders C C Henry THU, DECEMBER 1, :00 AM CR E Zittlau United States of America vchristopher Paul Turner T Frederick 9:00 AM A P Baratta; M S Kardos Meredith Hopkins vbuckeye Donkey Ball LLC J N Kale THU, DECEMBER 8, 2011 Non-Jury Trial 9:00 AM E J Maginnis Jr Great American Insurance Company of New York Inc vpenn Terminals, Inc S J Galati E J Maginnis Jr Amazon Produce Network LLC vhamburg Sud North America, Inc F P DeGiulio; J L Kenworthy THU, DECEMBER 15, :00 AM J W Sutton III Matthew Crawley vsandals Resorts International S J Sheldon; D B Newman THU, JANUARY 5, :00 AM CR F R Costello United States of America vmichael Choi T Henry JK GARDNER, J Courtroom 4B Edward Cahn US Courthouse Suite West Hamilton Street Allentown, PA Jennifer Fitzko Phone : (610) MON, NOVEMBER 14, 2011 CR D J Ignall USA vkenneth G Reiidenbach S C Stretton CR M S Miller USA vjason James Clapper T F Burke CR M Rotella USA vrobert Knappenberger R D Thompson CR L C Wright Jr USA vsaul Ernesto Juarez-Arteaga R G Freeman CR A Nguyen USA vdaniel Duncan B B Cooper MON, JANUARY 9, 2012 CR T A Marinari USA vjorge Armando Cordon-Ramos B B Cooper MON, APRIL 2, 2012 CR M S Miller USA vkeith Martin Thompson R C Patterson; M S Fisher; R N Deluca; M P Gottlieb; J H Ibrahim; P D Maynard; T A Dreyer; J F Brose; J A DiSantis; M Drossner; D P Caglia; R E Sletvold; R E Goldman GEK PRATTER, J Secretary/Civil Deputy: Rose A Barber Phone: (267) Courtroom/Criminal Deputy: Mike Coyle Phone: (267)

18 18 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5848 TUE, NOVEMBER 15, 2011 CR J Whitehead USA vkareem Jones M Engle THU, DECEMBER 1, 2011 Non-Jury Trial P LOSIER GREGORY JOHNSON vjames B ZWOLAK N S MORRIS; R I HOWELL; J S SIMONS; M S MAGUIRE TUE, DECEMBER 6, 2011 CR T Zaleski USA vharry Katzin T Dreyer; W Destefano; R Cipparone MON, JANUARY 9, 2012 CR D Ignall USA vaxel Gomez S Lin L F STENGEL, J Courtroom 3B Secretary / Courtroom Deputy: Patricia Cardella Phone: (267) Courtroom Deputy: Laura Buenzle Phone: (267) PS DIAMOND, J Secretary/Courtroom Deputy: Carol James Phone: (267) ESR/Courtroom Deputy: Marion Scarengelli Phone: (267) FRI, OCTOBER 14, 2011 CR D Velez; R Hsia US vbotsvynyuk, J Briskin; H Popper MON, OCTOBER 31, 2011 CR R Kornylak U S vgriswold TUE, NOVEMBER 15, 2011 CR M Lowe; S Tulante US vrodriguez-dominiguez G Hill; L Harmelin; J Renner; J Rey THU, NOVEMBER 17, 2011 CR A Lunkenheimer US vrodriguez, et al L Narcisi; T McCallum; M McDermott; J Ongay FRI, DECEMBER 9, 2011 CR T Marinari US vbasile L E Becraft WED, JANUARY 4, 2012 CR S Astolfi United States vbentley L Biddison THU, JANUARY 12, 2012 CR M Wilmoth; J Whitehead US vleonard Hudgins P Levin TUE, JANUARY 31, 2012 CR R Barrett; M Bresnick United States vnaselsky R Welsh; T Ostrander THU, APRIL 5, 2012 CR N Potts US vkroesen J Ongay; P Levin; D Jones JR SANCHEZ, J Scheduling Courtroom Deputy: Nancy DeLisle Phone: (267) ESR/Courtroom Deputy: Adrienne Mann Phone: (267) FRI, OCTOBER 14, 2011 Non-Jury Trial D A Scheffel; E B Epstein; E Schnabel WMC Mortgage, LLC vsarah E Baker D E Searles; M D Donovan MON, OCTOBER 17, :00 AM CR S Tulante UNITED STATES vbasil SOLOMAN T Henry MON, OCTOBER 24, :00 AM CR A Eve UNITED STATES vcalvin HICKS P Hetznecker; N Tinari MON, OCTOBER 31, :00 AM CR K Grigsby UNITED STATES vjose DAVID HERRERA T Frederick MON, NOVEMBER 7, :00 AM CR S Astolfi; S Astolfi UNITED STATES vkareem WATSON C Reynolds; M Greenberg MON, NOVEMBER 14, :00 AM CR D Velez; D Velez UNITED STATES vallie SPEIGHT P Hetznecker; N Tinari; J Sobel; G Pagano MON, NOVEMBER 21, :00 AM CR D Axelrod; D Axelrod; D Axelrod; D Axelrod; D Axelrod UNITED STATES valexander RIVERA S Adamo; P McKinney; R Jarvis; C Laguzzi MON, JANUARY 23, :00 AM CR K Marston UNITED STATES vlateef RIDDICK A Joseph MON, JANUARY 30, :00 AM CR F Costello UNITED STATES vlee DAVIS S Lin MON, FEBRUARY 6, :00 AM CR P Shapiro UNITED STATES vabdur RAZZAK TAI V Martinez MON, APRIL 2, :00 AM CR F Costello UNITED STATES vcarleta CAROLINA A Richardson; O Malone; N Caravasos Trial Pool D A Bailey Roger Snyder vcharles M Kraus, III C P Gerber D A Jensen; H A Yampolsky Marie Funk vcounty of Bucks F A Chernak; T P Hunt SLOMSKY, J Courtroom Deputy: Margaret Gallagher Phone: Civil Deputy: Chris Casper Phone: WED, OCTOBER 19, 2011 CR A Wzorek United States of America vjoseph Stewart L T Savino, Jr WED, OCTOBER 26, 2011 CR J T Labrum, III United States of America vheriberto Marrero-Diaz, et al J M Brown; P C Bowers; J H Stanwood MON, NOVEMBER 14, 2011 CR T P Swanton United States of America vjoseph Meehan J J Griffin FRI, NOVEMBER 18, 2011 CR M B Dubnoff United States of America vmario Nelson Robles-Severino S M Lin MON, NOVEMBER 21, 2011 CR J D Goldstein United States of America vodessa Bligen C C Henry MON, NOVEMBER 28, 2011 CR R A Lloret United States of America vrobert Ledbetter S Godshall MON, DECEMBER 12, 2011 CR L C Wright Jr United States of America vanthony Oluwole Ojo D Chavar; R D Thompson C D JONES II, J Secretary/ Civil Deputy: Betty Harper Phone: Courtroom/Criminal Deputy: A ishah L El-Shabazz Phone: FRI, OCTOBER 14, 2011 CR T Zaleski United States of America vbrunson C Henry CR M Morgan-Kelly United States of America vsewell D Shapiro; B Cooper TUE, OCTOBER 25, 2011 CR A Schell United States of America vwhite G Sciola; B Toplin TUE, DECEMBER 6, Johnson vdrexel University THU, FEBRUARY 9, 2012 CR M Morgan-Kelly; C DiRosato United States pf America vwatters J Smarro; A Sagot; N Pinot; J Lindy; L Weaver; S Adamo; C Laguzzi; M Paul; T Borum; A Schneider; W Spade; M Brunnabend M S GOLDBERG, J Secretary/ Courtroom Deputy; Carole Ludwig Phone: Courtroom Deputy: Steve Sonnie Phone: FRI, OCTOBER 14, 2011 CR J Arteaga United States of America vjuan Hermilo Pizarro-Gaytan, et al C Laguzzi SAT, NOVEMBER 12, 2011 CR N Winter United States of America vshakria Hines D Chavar JW DITTER, J Courtroom Deputy: Stephen J Iannacone Phone: MON, NOVEMBER 7, A Karpf; A Karpf Gourley vteikoku R DeLuca; L Wescott L H POLLAK, SJ Courtroom 16B Deputy Clerk: Donna M Bozzelli Phone: N L SHAPIRO, SJ Courtroom 10A Deputy Clerk: Madeline F Ward Phone: FRI, OCTOBER 14, 2011 Hearing CR R Sander USA vsingleton and Pasley J Feinschil; A Bennett Change of Plea Hearing 10:30 AM CR N B Winter USA vmajor Ford F Sarner 11:30 AM CR L J Wright USA vmessiah Justice Bottoms S Patchen Oral Argument 2:00 PM Robert H Lee, Jr vcity of Philadelphia T Tripp Violation of Supervised Releas TUE, OCTOBER 18, 2011 Violation of Supervised Releas 11:00 AM CR E B Henson USA vlonnie Mackie L E Weaver WED, OCTOBER 19, 2011 Arraignment/Plea 2:00 PM CR T Moshang USA vdoris Williams D Chavar Sentencing Hearing 3:00 PM CR T Moshang III USA vbryant-davis D Chavar MON, OCTOBER 24, 2011 Oral Argument 2:00 PM C P Scheuritzel Butkus vcanno C M Montague; P A Briganti; L J Bistany THU, OCTOBER 27, :00 PM CR N B Winter USA vdennis Szymanski A M Durbin Oral Argument A J Pantano; L Bendesky; R N Braker Ginger Katzenmoyer vallstate Insurance Company M Walthew; S B Richman; K H Jones THU, NOVEMBER 17, M McKeever; T Puleo USA vbirch R Birch; J Jarecki MON, NOVEMBER 28, 2011 CR A N Phillips USA vedwards L Weaver III T N O NEILL, JR, SJ Courtroom 4-A Deputy Clerk: Charles J Ervin Phone: E V LUDWIG, SJ Courtroom 12A Deputy Clerk: Kathryne M Crispell Phone: R F KELLY, SJ Courtroom 11B Deputy Clerk: Thomas Garrity Phone: FRI, OCTOBER 14, M Minatee Minatee vcity of Phila, et al N Blackwell J E DUBOIS, SJ Courtroom 12B Courtroom Deputy: George V Wylesol Phone: MON, OCTOBER 17, 2011 CR R Kornylak AUSA USA vlopez S Lin Esq 11:00 AM CR K Klotz AUSA USA vconwell S Heckman Esq MON, OCTOBER 24, 2011 CR D Ignall AUSA USA vduran-garcia M Wilson Esq MON, OCTOBER 31, 2011 CR T Zaleski AUSA USA vgregory Smith D Chavar Esq; D Mischak Esq; C Laguzzi Esq MON, NOVEMBER 14, 2011 CR J Whitt AUSA USA vjames Robinson N Caravasos Esq MON, NOVEMBER 28, 2011 CR S Stephan AUSA USA vwinthers P Hetznecker, Esq MON, DECEMBER 5, :00 AM CR S Ercole AUSA USA vsamuel Lay S Patchen Esq WED, JANUARY 4, :00 PM CR T Swanton AUSA USA vobrien M Meehan Esq MON, JANUARY 23, 2012 CR F Costello AUSA USA vlee Davis S Lin Esq; M Meehan Esq MON, FEBRUARY 6, 2012 CR R Benjamin AUSA USA vswint E Toplin Esq; A Sagot, Esq; T Ivory Esq MON, FEBRUARY 13, 2012 CR A Lunkenheimer AUSA USA vroberto Perez L Narcisi Esq; L Savino Esq

19 VOL P 5849 FRIDAY, OCTOBER 14, 2011 THE LEGAL INTELLIGENCER 19 MON, FEBRUARY 27, 2012 CR S Tulante AUSA USA vnelson Rodriguez D Cogan Esq; W Murray Esq; G Stein Esq; C Warren Esq; G Sciolla Esq MON, MARCH 19, 2012 CR F Miller AUSA USA vlen Sem A Petrone Esq CR A Lunkenheimer AUSA; S Tulante AUSA USA vr Gonzalez H Dombrosky Esq; G Sciolla Esq MON, APRIL 2, 2012 CR T Swanton AUSA USA vjonathan Andrews J Zawrotny Esq MON, APRIL 9, :00 PM CR D Ignall AUSA USA vherrero L Savino Esq MON, APRIL 16, :00 PM CR R Hsia AUSA USA vortega-gomez D Kozlow Esq Trial Pool E Carter Esq; N Snell Esq; S Brown Esq Michael Rodgers vdamon Samuels, CO M Hubbard Esq; N Blackwell Esq R Jauregui Esq Jennifer Brown vdavita Dialysis L Halber Esq; R Grimaldi Esq; S Peet Esq G E James Esq; J Edelson Esq; R M Manies Esq Lynchburg Steel, Inc vo A D Bono Esq; R E Borneman Esq S Brown Esq Wilkinson vcity of Philadelphia B Atkins Esq Misc 09-5 T Gallogly Esq Kaliner vmdc Systems Corp D Concannon Esq; J Cohen Esq; M Charles Esq R L BUCKWALTER, SJ Courtroom 14A Deputy Clerk: Matthew J Higgins Phone: H BARTLE, III, SJ Courtroom 16A Deputy Clerk: Katherine Gallagher Phone: Pool November Trial Pool S Kerr; C Hittinger; J Clarke; J Huh BLUNT vlower MERION M Kristofco G Zeff; D Bearden; A Giampolo SEYMOUR vgreenscape L Besnoff; T Gillespie A Denenberg JENKINS vcity OF PHILADELPHIA C Rider J Cerutti CHERIYAN vquest P Frattarelli; D Diaz B Vullings; B Warren STREETS var RESOURCES K Cornish MON, OCTOBER 17, 2011 CR S Tulante USA vwoodward et al B McMonagle MON, NOVEMBER 7, 2011 Non-Jury Trial G Rahn; G Wartman EVERGREEN vriggs W Flamm MON, NOVEMBER 21, 2011 CR A Wzorek USA vashurov D Kozlow WED, NOVEMBER 23, 2011 CR J LaBar USA vhartsfield R Mozerter TUE, NOVEMBER 29, 2011 CR T Zaleski USA vzambrano-madrigal J McMahon; C Reynolds W H YOHN, JR, SJ Courtroom 14B Deputy Clerk Civil: Rita Polkowski Phone: Deputy Clerk Criminal: Thomas McCann Phone: MON, OCTOBER 24, 2011 CR N J SCHADLER UNITED STATES OF AMERICA vleon STANTON S ABAZA MON, OCTOBER 31, 2011 CR M MORGAN UNITED STATES OF AMERICA valla SIVCHUK L R BUSICO; D C MALONEY WED, NOVEMBER 9, N C DEMIS SHAMUS REILLY vupper DARBY TOWNSHIP R P DiDOMENICIS MON, NOVEMBER 14, H A ROSEN JEANETTE HUDGINS vthe TRAVELERS HOME AND MARINE INS CO E F KOSCHINEG; J HEINZ; K C SCHEESE MON, NOVEMBER 28, J P GUARRASI, PRO SE JOSEPH P GUARRASI vlisa M FRYLING MON, DECEMBER 5, 2011 Non-Jury Trial C H THULIN; K H CPREK; R E SPOONEMORE WILLIAM STANFORD JR vfoamex LP B CASAL; J A GOODMAN; M P MONACO; R J BRUNO; B W MATHER; C F SEEMANN III; H SHAPIRO; M D SPENCER; S D WILLERT; A COVERT; M WALTHEW; R W RACHAL; S B RICHMAN MON, DECEMBER 12, T M KOLMAN; W A ELY MONIQUE VANSTORY-FRAZIER vchhs HOSPITAL COMPANY, LLC T/D/B/A CHESTNUT HILL H S T O NEAL JR PADOVA, SJ Courtroom 17B Room 6614 Criminal Deputy: Michael Beck Phone: Deputy Clerk: Gerrie Keanne Phone: FRI, OCTOBER 14, 2011 CR T Zaleski United States vjulius Greer W Cannon FRI, OCTOBER 21, 2011 CR D Axelrod; V Pratter; J Gallagher United States vjulio Colon E Kauffman MON, NOVEMBER 7, 2011 CR K T Newton; J Pavlock United States vemmanuel Moore M Greenberg; C Warren; P Levin; E Kelly; A Petrone; K Edelin; R Gamburg; T Pawelski; W DeStefano MON, NOVEMBER 28, 2011 CR M Cox United States vanthony Richardson W Cannon T Sacchetta Enrico Carr vcrisa M Shindell; D Osterman; R Siegel A Petrone Tia Jordan vspecial Agent John Cashman K Bradford MON, DECEMBER 5, 2011 CR T Zaleski United States vjose Perdomo N Spizer MON, DECEMBER 12, 2011 Non-Jury Trial J Capone Frederick Fischer vcarpenters Pension and Annuity FUnd J Sznyter MON, JANUARY 9, 2012 CR V Pratter United States vaaron Johnson R Kalmbach A B BRODY, J Courtroom 7B Scheduling/Deputy Clerk: Marie O Donnell Phone: ESR-Courtroom Deputy: Jim Scheidt Phone: R SURRICK, J Deputy Clerk - Michael Finney Phone: MON, OCTOBER 24, A Denenberg Ann Slifkin vcity of Philadelphia G Franklin; M Hubbard TUE, NOVEMBER 8, 2011 CR T Zaleski United States vbraheem Hinton C Furlong MON, NOVEMBER 14, 2011 CR L Wright United States vdante Tucker P George Trial Pool S Console; L C Mattiacci; A C Mackerer; S M Saint-Antoine Thomas Burlington vfox Television Station T Johnson; L Eisenstadt; J Hoffman CR E Abrams United States verick Green G Stein L Rogers Sky Motor vauto Sport Design G Silver C S WELLS, CH MJ Courtroom 3F Deputy Clerk: Edward Andrews Phone: TUE, NOVEMBER 1, :00 PM A C Milstein; M A Tucker BDB & Sons Moving, Inc vtransguard Insurance Co M F Ullom; S F Di Valerio TUE, JANUARY 17, :00 PM W E Gericke Federal Insurance Co vkehoe Electrical Construction, Inc D J Rucket WED, JANUARY 18, :00 AM R P Weiner David Tharp vhess Corp M T Droogan Jr FRI, FEBRUARY 3, :00 PM J Cerutti Ronald Johnson vlabor Force Inc L R Parks; E C Milby FRI, FEBRUARY 17, :00 AM J M Miller Julio Luis DeJesus vcity of Philadelphia N L Blackwell THU, NOVEMBER 1, :00 AM J Binns William Panas vcity of Philadelphia M Maguire T J RUETER, MJ Courtroom 3C Deputy Clerk: Lisa Tipping Phone: FRI, OCTOBER 14, 2011 Non-Jury Trial G Fischbarg 2401 WALNUT, LP vamerican EXPRESS TRAVEL RELATED SERVICES CO, INC S B Murray MON, NOVEMBER 21, 2011 Non-Jury Trial M Carrillo United States of America v$20,18300 In United States Currency M Engle MON, DECEMBER 5, 2011 Non-Jury Trial D J O Brien Ambrose Murphy vgail Dwyer-Young FRI, JANUARY 6, M S Scheffer Kathryn Quinn vmercy Fitzgerald Hosptial FRI, JANUARY 13, A Epstein Bernard Ganski, Jr vwolff Lighting Systems A Moore J P HART, MJ Courtroom 3D Chambers 3006 US Courthouse Philadelphia, Pa Court Deputy: Deborah Stevenson Phone: TUE, NOVEMBER 1, A R Karpf; A C Lease KEITH JACKSON, SR vart OF LIFE, INC P H Schultz FRI, DECEMBER 2, S S Brown STAR INSURANCE COMPANY vtop NOTCH REC OVERY G F Dale FRI, JANUARY 6, B J Hockfield SETH STRAFF vsmith ABRASIVES, INC B L Calistri MON, FEBRUARY 20, 2012 Non-Jury Trial D R Layser; G G Spencer Assiah Phinesee vunited States of America D A Degnan; S R Becker LK CARACAPPA, MJ Courtroom 5A Deputy Clerk: Ian Broderick Phone: TR RICE, MJ Deputy Clerk: Chavela Settles Phone: (267) Courtroom 5A Criminal Duty Matters FRI, OCT 14, :30 PM FRI, OCTOBER 14, J J CAPPELLI; M J MUSTIN DENNIS P BOWERS vnorfolk SOUTHERN RAILWAY COMPANY R K HOHN C S COOPER; D M KLAYMAN LISA SLOAN vhome DEPOT USA, INC B P WERLEY B M MONAHAN; N SABATINE III JOHN JULIUS MUCHA vjames BOEHM G J GEIGER; G J GEIGER MON, OCTOBER 17, D F ITKOFF SHANE TRABBOLD vmike G M CAMPBELL; W E REMPHREY JR; T E TYLER; J M CURRY; G VOCI; D S OSTERMAN; M R SHINDELL MON, NOVEMBER 7, 2011 Non-Jury Trial Z E MOORE JAMES MAYO vmercy PHILADELPHIA HOSPITAL A J JOHNSTON; D M CREASY MON, NOVEMBER 21, J CHAIKEN ALICIA ENGLISH vgreyhound LINES, INC P C TROY; D C BELFIE JR MON, DECEMBER 5, G L ZEFF; D P BEARDEN JR CURTIS STOCKLEY, JR vrobert SMYTHE R P DIDOMENICIS FRI, FEBRUARY 3, M R STRAUSS RAYMOND W WAMBOLD vamtrak R K HOHN MON, MARCH 26, D P BEARDEN JR; G L ZEFF JR LENA PETTWAY vcity OF PHILADELPHIA S R DICKINSON DR STRAWBRIDGE, MJ Courtroom 3H Deputy Clerk: Lori K DiSanti Phone: (267) MON, OCTOBER 24, D C Onorato EVELYN PAGAN-DELGADO vcity OF PHILADELPHIA M M Fenerty RESTREPO, MJ Courtroom 3-1 Deputy Clerk: Juanita Davis Phone:

20 20 THE LEGAL INTELLIGENCER FRIDAY, OCTOBER 14, 2011 VOL P 5850 Courtroom 5A Criminal Duty Matters MON, OCT 24, 2011 through FRI, OCT 28, :30 PM Arraignments THU, OCT 27, :30 AM MON, NOVEMBER 14, J V Donnelly, III Esq; J R Cavalier Esq Christopher Cataldi vwarden George A Wagner A R Adair Esq; C D Steere Esq MON, NOVEMBER 28, K A Ritchie Esq,; R M Goldich Esq Night Visions Systems, LLc vnight visions Depot, Inc A C Reich Esq; B L Weisser Esq FRI, APRIL 13, B Gross Esq Gary F Kilner vgreyhound Lines, Inc P Troy Esq; D Belfie Esq HS PERKIN, MJ Courtroom 4A 504 Hamilton St Room 4401 Allentown, PA Deputy Clerk: Helen A Nicholas Phone: (610) MON, NOVEMBER 14, L V DEVITO, JR MR RC LONESTAR, INC vgeneral ELECTRIC COMPANY F A BAKER, III MR; K D WILKINSON MS MON, DECEMBER 5, 2011 Non-Jury Trial T M Kolman Mr; E M Abouelseoud Mr; W A Ely Mr LISA CONTE vlehigh VALLEY HOSPITAL, INC A J Johnston Mr; D M Creasy Mr; G M Guanowsky Mr MON, FEBRUARY 6, C BRUNO ATTY NICOLE LABAR vmd MARIAN P MCDONALD M R ZOLFAGHARI ATTY; A W HANKIN ATTY MON, FEBRUARY 27, M B WEISBERG ESQ JOSE MENDOZA vcity OF READING D J MACMAIN ESQ; J E FULTON ESQ MON, MARCH 12, J D HAGELGANS ESQ KENNETH EPPINETTE varleen MERRILL S J WIENER ESQ MON, MARCH 26, E G ZAJAC ESQ JAMES L CARPENTER vshu-bee T F REILLY ESQ MON, APRIL 16, H I GOODMAN ESQ MICHAEL M BAKER vbuckeye PARTNERS, LP d/b/a BUCKEYE PIPE LINE A S KELLY ESQ; H M PERLOWSKI ESQ; K M MILLS ESQ TUE, MAY 1, R M JUREWICZ ESQ DIANA CHORONES vnestle WATERS NORTH AMERICA, INC S LEDVA, JR ESQ MON, MAY 21, D P RUSSO MR; A W CORMIER MR ROBERT REILLY vlehigh VALLEY HOSPITAL A J JOHNSTON MR; D M CREASY MR; G M GUANOWSKY MR MON, JUNE 4, H I GOODMAN ESQ JOSEPH FARTHING vpennsylvania STATE POLICE S A UNGER ESQ MON, JUNE 25, J G MUZIC ESQ MICHAEL J METTS vflm DEFELOPMENT CO, INC J H THOMAS ESQ; A H SANDERS ESQ MON, JULY 30, J R ELLIOTT ESQ JENNIFER J HARRIS vplendy, INC d/b/a Brewer A N HOWE ESQ MON, SEPT 10, K MILLMAN ESQ THOMAS P ACQUAVIVA vmikhail I RAKHMANINE L B SHANNON ESQ MON, OCTOBER 1, D E KLEINER ATTY; L G METZGER ATTY STEPHANIE L DEMASTUS vamcor ATLANTA G J VALENTINI ATTY ET HEY, MJ Courtroom Deputy-Secretary: Lara L Karlson (267) Courtroom 5A Criminal Duty Matters MON, NOV 7, 2011 through THU, NOV 10, :30 PM ARRAIGNMENTS THU, NOV 10, :30 PM FRI, OCTOBER 14, M B Weisberg WENDY THOMAS-GOBER vmichael MILLER R P Didomenicis LA SITARSKI, MJ Deputy Clerk: Regina M Zarnowski Phone: MON, NOVEMBER 7, L S Schwart NELSON FOWLER vcity OF PHILADELPHIA B Atkins MON, DECEMBER 5, L G Taglianetti Jr ALVIN WESTON vcity OF PHILADELPHIA M Maguire FRI, DECEMBER 16, J L Rosenbaum ISABEL NERIS vwesley MCCULLOUGH F C Love; M E Daley A C RAPOPORT, MJ US Courthouse & Federal Building 504 W Hamilton St Allentown, PA Deputy Clerk: Carlene Jones M F ANGELL, M J Courtroom 7 Robert NC Nix Building 900 Market Street Suite 211 Phila, PA Law Clerks: Judith J Kiesel, Esq; Leslie L Stott, Esq Deputy Clerk: Shelli L MacElderry Phone Bankruptcy Court HEARINGS SCHEDULED DURING THE WEEK OF OCTOBER 17, 2011 Before RASLAVICH, Ch BJ US Bankruptcy Court Courtroom No 4 WEDNESDAY, OCTOBER 19, Timothy J & Cynthia C Trout; SR; (13); Motion For Relief From Stay Filed By Pnc Bank, NA Represented By Keri P Ebeck Attorney: Alan M Bredt (Cynthia C Trout, Timothy J Trout) 2 Corrin Stokes; SR; (13); Objection To Certification Of Default Filed By Creditor Citimortgage, Inc Filed By Corrin Stokes Attorney: Erik B Jensen (Corrin Stokes) 3 David M & Lynne M Repsik; SR; (13); Reply To Certification Of Default Filed By Wells Fargo Bank, NA And Certificate Of Service Filed By David M Repsik, Lynne M Repsik Attorney: Eugene A Camposano (David M Repsik, Lynne M Repsik) 3 David M & Lynne M Repsik; SR; (13); Motion For Relief From Stay Re: 2007 Nissan Altima 00, Filed By Nissan Motor Acceptance Corporation Represented By William Edward Craig Attorney: Eugene A Camposano (David M Repsik, Lynne M Repsik) 4 Michael & Tina L Ciriello; SR; (13); Motion For Relief From Stay Re: 3034 Stump Hall Road Collegeville Pa , Filed By Wells Fargo Bank, NA Represented By Martha E Von Rosenstiel Attorney: Albert J Scarafone (Michael Ciriello, Tina L Ciriello) 5 Ronald Baum; SR; (13); Motion For Relief From Stay Re: Property Address 4000 Gypsy Lane # 730G2, Philadelphia, Pa , Filed By Gmac Mortgage, Llc Represented By Peter J Mulcahy Attorney: Michael A Cibik2 (Ronald Baum) Attorney: Michael A Cataldo2 (Ronald Baum) 6 Roy S Hall; SR; (13); Objection To Claim Number 3 By Claimant Beneficial Consumer Discount Company Filed By Roy S HallAttorney: Michael G Deegan (Roy S Hall) 7 William Washington; SR; (13); Objection To Claim Number 2 By Claimant Wells Fargo Bank, NA Filed By William WashingtonAttorney: Michael D Ward (William Washington) 8 Antoine Kizer; SR; (13); Motion For Relief From Stay Re: Property Address 1884 Pratt Street, Philadelphia, Pa , Filed By The Bank Of New York Mellon Trust Company, Represented By Peter J Mulcahy Attorney: Mitchell Lee Chambers (Antoine Kizer) 9 Luther L Hayes; SR; (13); Motion To Reinstate Case Filed By Luther L Hayes Represented By Michael J Halprin Attorney: Michael J Halprin (Luther L Hayes) 10 Nicholas M Illich; SR; (13); Motion For Adequate Protection Re: 2008 Ford Mustang Filed By Ford Motor Credit Company, Llc Represented By Howard Gershman Attorney: Vicki Ann Piontek (Nicholas M Illich) 11 Debranne D & Raymond C Minton; SR; (13); Adv: Attorney: Irwin Lee Trauss (Debranne D Minton, Raymond C Minton) 12 Yvette Boseman-thomas; SR; (13); Motion For Relief From Stay Filed By Police And Fire Federal Credit Union Represented By Mitchell B Klein Attorney: David M Offen (Yvette Boseman-Thomas) 13 Anthony Williams; SR; (13); Objection To Claim Number 3 By Claimant Ciras, Llc Filed By Anthony Williams Attorney: Ronald G Mcneil (Anthony Williams) 14 Vera E Davis; SR; (7); Pro/Se Motion To Reconsider Dismissal Of Case Filed By Vera E Davis Represented By Self 10:30 AM 1 Stanley J Segal; SR; (7); Adv: Attorney: Robert E Chernicoff (Stanley J Segal) 2 Gwynedd Development Co, Inc; SR; (7); Order To Appear And Show Cause Why Debtors Case Should Not Be Dismissed Attorney: John P Attiani (Gwynedd Development Co, Inc) 3 Rosemary Fallon; SR; (13); To Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Third Installment In The Amount Of $5000 Due October 1, 2011Attorney: Vicki Ann Piontek (Rosemary Fallon) 4 Ida M & William H Flanders; SR; (13); To Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Remaining Balance Of The Second Installment In The Amount Of $100 And The Third Installment In The Amount Of $6850 For A Total Of $6950 Due September 30, 2011Attorney: Roger Traversa (Ida M Flanders, William H Flanders) 5 Socorro Gonzalez; SR; (7); To Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Second Installment In The Amount Of $10000 Due October 1, 2011Attorney: Alexander G Tuttle (Socorro Gonzalez) 6 Ekaterini Simbo; SR; (7); Order To Appear And Show Cause Why Case Should Not Be Dismissed Due To Debtor S Failure To Appear At Scheduled 341 Creditors Meetings 7 Nicholas M Illich; SR; (13); To Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The First Installment In The Amount Of $5000 Due October 1, 2011Attorney: Vicki Ann Piontek (Nicholas M Illich) 8 William R Burridge; SR; (7); Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Remaining Balance Of The Second Installment In The Amount Of $5000 Due September 25, 2011 Attorney: Robert M Kline (William R Burridge) 9 Harriett K Marlin; SR; (13); Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The First Installment In The Amount Of $5000 Due September 30, Carol A Viau; SR; (7); Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Filing Fee In The Amount Of $29900 Or File An Application For Installments Due September 14, 2011 Attorney: Alan B Liss (Carol A Viau) 11 Michael Peter Vance; SR; (13); Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Filing Fee In The Amount Of $27400 Or File An Application For Installments Due September 29, 2011Attorney: Stuart A Eisenberg (Michael Peter Vance) Attorney: Carol B Mccullough (Michael Peter Vance) 12 Cheryl Davis; SR; (13); To Show Cause Why This Case Should Not Be Dismissed For Failure To Pay The Filing Fee In The Amount Of $27400 Or File An Application For Installment Due October 3, 2011Attorney: Michael D Ward (Cheryl Davis) 11:00 AM 1 Catherine Green; SR; (13); Letter/ Motion To Reconsider Dismissal Of Case Filed By Catherine Green Represented By Self THURSDAY, OCTOBER 20, :30 AM 1 Hav Moeung; SR; (7); Adv: Attorney: Douglas N Stern (Hav Moeung) 1 Hav Moeung; SR; (7); Adv: Attorney: Douglas N Stern (Hav Moeung) 2 Philadelphia Newspapers, Llc; SR; (11); Adv: Attorney: Lawrence G Mcmichael (Philadelphia Newspapers, Llc) Attorney: Anne M Aaronson (Philadelphia Newspapers, Llc) Attorney: Richard J Corbi (Philadelphia Newspapers, Llc) Attorney: Paul V Possinger (Philadelphia Newspapers, Llc) Attor 2 Philadelphia Newspapers, Llc; SR; (11); Adv: Attorney: Lawrence G Mcmichael (Philadelphia Newspapers, Llc) Attorney: Anne M Aaronson (Philadelphia Newspapers, Llc) Attorney: Richard J Corbi (Philadelphia Newspapers, Llc) Attorney: Paul V Possinger (Philadelphia Newspapers, Llc) Attor 3 Moravian Associates, Lp; SR; (11); Motion To Convert Case To Chapter 7, Or In The Alternative Motion To Dismiss Case Failure To File Operating Reports And Failure To Pay Ust Fees Filed By United States Trustee Represented By George M Conway Attorney: James M Matour (Moravian Associates, Lp) Attorney: Myron Alvin Bloom (Moravian Associates, Lp) Attorney: Peter E Meltzer (Moravian Associates, Lp) Attorney: Matthew A Hamermesh (Moravian Associates, Lp) 3 Moravian Associates, Lp; SR; (11); ConfirmationAttorney: James M Matour (Moravian Associates, Lp) Attorney: Myron Alvin Bloom (Moravian Associates, Lp) Attorney: Peter E Meltzer (Moravian Associates, Lp) Attorney: Matthew A Hamermesh (Moravian Associates, Lp) 4 William A & Dolores V Janischek; SR; (7); Motion To Approve Settlement Filed By Terry P Dershaw Represented By Edward J Didonato Attorney: John Francis Murphy (Dolores V Janischek, William A Janischek) Walnut Associates, Lp; SR; (11); Objection To Claim Number 5 By Claimant BVF Construction Co, Inc Attorney: Aris J Karalis (400 Walnut Associates, LP) Attorney: Robert W Seitzer (400 Walnut Associates, LP) Attorney: Margaret M Manning (400 Walnut Associates, LP) 6 The Nile Swim Club Of Yeadon, Incorporated; SR; (11); Motion To Approve Disclosure Statement And For Authority To Fix The Dates For Filing Acceptances, Rejections Or Objection To Debtor S Plan Of Reorganization Filed By The Nile Swim Club Of Yeadon, Incorporated Represented By Demetrius J Parrish Attorney: Demetrius J Parrish (The Nile Swim Club Of Yeadon, Incorporat) Attorney: George M Conway (The Nile Swim Club Of Yeadon, Incorporat) 6 The Nile Swim Club Of Yeadon, Incorporated; SR; (11); Motion To Dismiss Case Failure To File Operating Reports And Pay Ust Feees, Or In The Alternative Motion To Convert Case To Chapter 7 Filed By United States Trustee Represented By George M Conway Attorney: Demetrius J Parrish (The Nile Swim Club Of Yeadon, Incorporat) Attorney: George M Conway (The Nile Swim Club Of Yeadon, Incorporat) 7 Gregory H Quigley; SR; (7); Order To Appear And Show Cause To Determine Whether The Debtor(S) Complied With The Terms Of This Order And Whether The Court Should Dismiss The CaseAttorney: Thomas D Kenny (Gregory H Quigley) 8 Robert E & Cynthia E Smithfield; SR; (13); Order To Appear And Show Cause To Determine Whether The Debtor(S) Complied With The Terms Of This Order And Whether The Court Should Dismiss The CaseAttorney: Michael D Hess (Cynthia E Smithfield, Robert E Smithfield) 9 Bradford S & Nicole Farnin; SR; (7); Motion To Dismiss Case For Abuse As Per 11 USC Sec 707(B) (2) And/Or (3) Filed By United States Trustee Represented By George M Conway Attorney: Stanton M Lacks (Bradford S Farnin, Nicole Farnin) 10 Mark T Baumbach & Huong Tran; SR; (7); Motion To Withdraw As Attorney Filed By Roger Traversa Represented By Roger Traversa Attorney: Roger Traversa (Huong Tran, Mark T Baumbach) Attorney: Michael L Eisner (Huong Tran, Mark T Baumbach) 11 Gregory Dotter; SR; (7); Motion For Relief From Stay Re: Property Address 29