The Berks Barrister Winter 2014

WINTER 2014

Local Presence on the Federal Bench U.S. District Court Judge

Jeffrey L. Schmehl Lunch and Chat with Super Steve

A Flapping Good Time

How can I recommend a charity without recommending a charity?

Talk to your clients about giving options at Berks County Community Foundation.

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WINTER 2014

The Official Publication of the Berks County Bar Association

BOARD OF DIRECTORS

G. THOMPSON BELL, III, President JESSE L. PLEET, President-Elect JILL GEHMAN KOESTEL, Vice President JAMES M. SMITH, Secretary EDEN R. BUCHER, Treasurer KAREN H. COOK, Director ALISA R. HOBART, Director ELIZABETH A. MAGOVERN, Director HONORABLE TIMOTHY J. ROWLEY, Director GEORGE A. GONZALEZ, Director PETER F. SCHUCHMAN, Director EUGENE ORLANDO, JR., Past President JASON A. ULRICH, President YLS

BAR ASSOCIATION STAFF

DONALD f. SMITH, JR., Esquire, Executive Director andrea j. stamm, Lawyer Referral/Secretary Karen A. Loeper, Law Journal Secretary Paula j. ziegler, Communications Manager Eric J. Taylor, Law Journal Editor Roarke Aston, Law Journal Assistant Editor Matthew M. Mayer, Barrister Editor

Please submit materials or comments to: Berks County Bar Association 544 Court Street, P.O. Box 1058 Reading, PA 19603-1058 Phone: 610.375.4591 Fax: 610.373.0256 Email: berksbar@berskbar.org www.berksbar.org

Thank You

Our thanks are extended to the numerous people who have contributed to The Berks Barrister.

Your time, energy and efforts are sincerely appreciated.

P U B L I S H E D

B Y

3 5

The Bar Stimulator Lunch and a Nice Chat with Mr. Carlton

11 15 16 18 22 26 2013 Annual Giving Campaign

Act 73: Tightening the Grip on Notaries Public

2013 Admission Ceremony and Reception The Honorable Jeffrey L. Schmehl Takes the Federal Bench Behold, The Human Animal!

A Sixty-year Career of Service to the Profession and Public

27 In Memoriam 28 Holiday Reception Luncheon Benefiting Law Foundation 31 Holiday was a Rousing Succcess!

Departments:

President’s Message: What is the Bar Association................................................... 1 Poetry................................................................................................................. 10

Reading, PA | 610.685.0914 x201 hoffmannpublishing.com For advertising information contact Tracy Hoffmann at tracy@hoffmannpublishing.com

Book Review: “To the End of June”....................................................................... 12

Miscellaneous Docket ....................................................................................... 20 Restaurant Review: The Cheers of Berks ................................................................21

Spotlight on New Members .............................................................................. 25

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President’s Message G. Thompson Bell, III, Esquire, 2014 President

What is the Bar Association?

I

nitially, please join me in applauding Gene Orlando for the magnificent job he did as President of the Association in 2013. Gene’s dedication was demonstrated by the fact that he did not miss any of the scores of events the President is expected to attend.

More significantly, along with Executive Director Don Smith, Gene did a great job of building on the Association’s highly successful past. Thanks to the efforts of Gene, Don, and many others, the BCBA is well-positioned to deal with the challenges of today and tomorrow.

Which begs the question: what should the Association be doing now and in the future? We certainly can’t be all things to all people. We need focus. The starting point for answering this question lies in the BCBA’s mission statement, which reads: “The mission of the Berks County Bar Association is to support the legal profession by promoting professional excellence, encouraging collegiality and exercising advocacy on its behalf. The Association also strives to support the community by publishing the Berks County Law Journal, providing educational programs for the public, assuring access to justice and protecting the integrity of the legal system in Berks County.”

As captured in the mission statement, the BCBA exists for the primary purpose of serving two constituencies.

The first is the legal profession and the BCBA’s members. The BCBA does this

splendidly by offering a wide array of social events (such as Legal Spirits happy hours, the annual picnic, and the annual holiday party), educational opportunities (including numerous CLEs, the benchbar conference, section meetings, and the Safe Ask program), and promoting the profession (through public relations campaigns which showcase the good works of our members, and events such as bringing the Pennsylvania appellate courts to Berks County).

The second group the BCBA serves is the community. It does this by providing educational programs, such as Book’Em, Stepping Out, lectures on legal issues in conjunction with local universities, and “Ask a Lawyer” programs on TV and radio. It also serves the community by assuring access to justice through the highly successful pro bono program, lawyer referral, the Mortgage Foreclosure Task Force, the Modest Means program, collaborating with the court on its self-represented litigants initiative – emphasizing the benefits of legal representation – and the mock trial competition. The participation of our members directly in these programs and in the Association’s committees, which plan and deliver many of these programs, is truly remarkable.

But, of course, we can always do better.

We know that many lawyers, particularly recent law school graduates,

are unable to find employment with a firm, government agency or corporation.

To make a living and pay their often staggering school loans, they have no choice but to establish a solo practice.

They are well-intended but, as we have all learned (usually the hard way): you don’t know what you don’t know. Without ready access to mentors, the new lawyers too often take on matters with which they have little or no experience. Not surprisingly, this sometimes results in providing sub-par legal service to their clients. This is counterproductive for the recently minted lawyer, a poor result for the client, and tarnishes the profession.

The Association’s mission statement guides us to seek a solution to this problem.

At the same time, we know that many who need legal assistance are unable to afford it and do not qualify for legal aid or pro bono services. The Association’s mission statement tells us that this, too, is a problem we should address.

What if we can kill these two birds with one stone? At last count, there are approximately 15 “incubator” programs around the country that are attempting to do exactly that. The specifics of each program are different but their objective is the same. Typically, recent law school graduates are provided office space, equipment, and clerical support, in exchange for less-than-market rent.

Perhaps most importantly, they are also Continued on page 2

Berks Barrister | 1

provided regular mentoring and usually they work in a law firm-type setting, so they have ready access to colleagues with whom to discuss issues. In theory, this should help recent law school graduates establish a practice and gain experience in a supervised environment. This should help them, their clients, and the profession.

The lawyers participating in these programs usually are required to provide certain pro bono or low bono services as part of the price for the privilege of participating in the program.

This component is obviously designed to help the public and provide access to justice for those who might not have it otherwise.

We are currently exploring whether the BCBA should sponsor a similar program and, if so, how it should be designed.

So far, we have identified a lot of issues that will need to be resolved, and undoubtedly there are many more that have not yet been considered. However, it is a challenge worth tackling.

It provides a rare opportunity to advance each element of the Association’s mission with a single program.

But let’s get back to where we started.

What is the Bar Association? It’s a service organization.

It is lawyers who serve the legal profession. It is lawyers who serve the community. And, it is lawyers who serve those that otherwise would not have access to justice. I hope each member of the Association does whatever he or she can to spread the word about the good works of Berks County lawyers and their Association.

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The Bar Stimulator

By Francis M. Mulligan, Esquire

5

:30 P. M. on the wall clock told waitresses and bus boys to be upstairs in the main dining room.

My weekend in dark November of 1957 began in the basement of the Drexelbrook Country Club. The employee meal eaten family style ended on a sour note for me.

Blondie, the youngest and best looking waitress, in her green uniform showing as much cleavage as three opened buttons allowed, described the latest episode in her ongoing war waged against her crippled husband. Today, we’d call her husband a hero because a WWII battlefield injury took his legs.

The other waitresses smoked and the bus boys sat in silence listening to the woman whose 10% share of her tips the bus boys depended on. Blondie wasn’t the only waitress dating Club members who returned to the Club parking lot for late night dessert after they put their wives to bed.

Blondie, a tell-all, didn’t have to share her domestic miseries with me.

“My husband tried to block the front door with one of his crutches. Same old shit.”

She then described how she maneuvered around her crippled husband to get out of their apartment. She blamed it on the Fuhrer.

“I didn’t tell my husband to lose his legs fighting Germans. He wasn’t a cripple when we got married.”

Upstairs in the main dining room the head waiter, Jim Golden, did me a favor.

“We’re shorthanded in the coat check.

I want you there for the night.”

In my tip-depleted world Golden explained how the coat check profit center worked.

“The tips go in the slot. It’s the Club’s money. Put everything you get in the slot.

You get paid minimum wage for the hours on your time card.”

It didn’t take a genius to figure out the rest of the job. I wasn’t alone. Two other St. Joseph’s College students, business majors, worked the coat check on weekends.

The two young men, seniors at St. Joseph, explained a few details. I had never seen either of them before. The “College” as we called it wasn’t Penn State – just a small school off City Line Avenue with two classroom buildings.

We weren’t alone. A crowd had already formed around the circular bar in the Men’s Lounge. Well-dressed young men in suits and ties stopping for drinks after work best described them. It wasn’t a cheap place to stop. A member could drive right up to the sheltered white entrance and carhops parked his car. I came on the P & W out of 69th Street and entered through the narrow gate – the back entrance.

While the seniors sat smoking in the back of the large coat check area, I stood by the counter waiting for the first coat to be checked.

“Joe’s buying.”

It was a pleasant sounding loud voice coming from the circular bar. The tall man, Ed, with a small group of admirers around him called out Joe’s name. Joe, close to thirty years old, raised his glass in

acknowledgement. I didn’t want Ed calling out my name anytime soon. The two bartenders refreshed the lubricants on the bar in record time.

The bar patrons’ conversations became more animated and Ed strolled around the bar patting members on the back. He didn’t pat the old bald headed man sitting at the far end of the bar. The old man waved the bartender off. The bald headed man, Fred, didn’t need a second drink.

The coat check room was too far from the bar to overhear the conversations. I assumed they were talking about what really mattered to men of a certain age – the Eagles and the Warriors. Ed wasn’t finished. Without consulting anyone, he called out, “Charlie’s buying.” Like Joe, Charlie didn’t have any say in the matter.

I went to the back of the coat room and asked one of the seniors to look at Ed. I told them what happened in the few minutes I waited for the first coat to be checked.

The Business Administration majors explained the set-up.

“Ed works for the Club. He’s a war hero. Has a five minute T.V. show at 6 A.M.” He pointed to the bald headed man who took a pass on a second drink.

“That’s the owner, Fred Meagher.”

Majoring in History, “naive” charitably described me. I asked the Business Administration majors, “What’s Ed’s job?”

“Bar Stimulator. He’s paid to increase the late afternoon / early evening bar trade.”

I spent too many hours studying philosophy and history. Aristotle, Plato and St. Thomas Acquinas knew nothing about how it worked in the real world. I foolishly asked, “Does Ed make a living?”

“He’s doing all right. He has four kids to support.”

It turned into a long night that ended at 1 A.M. – the time of night that the P & W shut down. The bar stayed open long after the dining room closed. One of the Business Administration majors owned a car.

“We’ll drive you into 69th Street.”

Continued on page 4

Berks Barrister | 3

When we reached 69th Street they invited me to breakfast.

“Our treat.”

In the middle of my waffle breakfast one of the seniors handed me a pile of one dollar bills.

“Fifty bucks. Your share.”

“I put all the tips into the slot. Jim Golden told me all the tips went to the Club.”

“Two for the Club and one for us.

Fifty is your share. We leave most of the money with the Club but not all of it.”

I gave the dollar bills back to them. I agreed to work for minimum wage. Hiring Ed to stimulate bar receipts stunk. I’m a bartender’s son. Those lads sitting around the bar didn’t need Ed to stimulate them.

Same with the coat check as a profit center.

The members thought the tips went to the students.

That was the last time I worked the coat check room or saw the bar stimulator in action. Years later when I moved back home my pious Irish mother kept me posted on Ed’s progress in the Philadelphia entertainment industry. She turned on

him when he divorced his wife. I still didn’t think he had much chance for success. I went to high school with Tom McCarthy, who could keep an audience in stiches for hours. Tommy’s success came late in life with his Walnut Street theatre performance as a disgruntled Philadelphia sports fanatic. He was much quicker off the mark than Ed. When I quit my job at the Philadelphia Redevelopment Authority to go to Temple Law, I studied until eleven every night. One week day evening I watched late night television. I had never seen the Johnnie Carson Show.

While I waited for Carson, I looked at a textbook. I wasn’t looking at the screen when I heard a familiar voice say, “Here’s Johnnie” in the same voice that said, “Joe’s buying.” I misjudged Ed. He didn’t promote himself. Ed, the understated Carson had the perfect voice to warm up the audience. He had been doing it for years. As a child I probably stopped on the Atlantic City boardwalk to hear Ed’s high powered voice selling kitchen knives.

Editor’s Note: Mr. Mulligan is a past president of the Berks County Bar Association and is a solo practitioner.

His novel, Pepe Ramos’s Twice-Told Tales, is to be published later this year.

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Lunch and a Nice Chat

O

n August 9, 1972, after a 2-0 loss by the Pittsburgh Pirates to Steve “Lefty” Carlton and the Philadelphia Phillies in which Carlton allowed 3 hits and struck out 12, Pirate star and future member of the Baseball Hall of Fame, Willie Stargell, said, “Hitting [Carlton] tonight was like trying to drink coffee with a fork.”

The game – completed in an hour and forty-eight minutes which is astoundingly brief by today’s standards – marked the 18th victory that season for Carlton, on his way to an incredible total of 27 victories while the Phillies’ victories for that season only totaled 59. A few years earlier Stargell had made the same coffee drinking comparison to hitting off Sandy Koufax.

Although Stargell’s later quote was not original, it certainly put Carlton in the company of another very distinguished barista of the pitching mound.

Other totals compiled by Carlton during his monumental performance over the 1972 season include 30 complete games in 41 games started (the major league leader for complete games in 2013 was Adam Wainwright with 5), a 1.97 Earned Run Average (at the time of the August victory over the Pirates, it was 2.09 – Carlton was even more stingy down the stretch), and 310 strikeouts (the last pitcher to record more than 300 strikeouts in one season was Randy Johnson in 2002) in 346 1/3 innings (the last pitcher to throw more than 300 innings in a season was Carlton in 1980).

Juxtaposed with the inferior quality of Carlton’s supporting cast, these numbers mark what a number of baseball historians have described as, one of the 15 greatest individual pitching performances for a season. (For those seeking help in dealing with the bleak abyss they face between now and the February 12 arrival of Phillies' pitchers and catchers, Carlton’s monumental

with Mr. Carlton

by Brian C. Engelhardt, Esquire

1972 season is the subject of Drinking Coffee With A Fork, the story of Steve Carlton and the '72 Phillies,

by David Brown and Steve Bucci.)

Event chair Mark Caltagirone used Stargell’s quote to open his introduction of Carlton as the featured speaker at the December 6, 2013, annual Holiday Benefit Luncheon of the Law Foundation of Berks County and the PICPA Reading chapter. Those in attendance, exceeding more than 530, responded with appreciative laughter, but it was then down to business, as he then ticked off a list of Carlton’s career achievements that led to his 1994 induction into the Baseball Hall of Fame.

These included winning 4 Cy Young Awards; compiling 329 career victories, 55 career shutouts, and 4,136 strikeouts, together with 254 complete games; being the last National League pitcher to win 24 games in a season; posting at least 13 victories each season over an 18-year stretch with only one exception; striking out more than 200 batters a total of 8 times; and throwing at least 250 innings in 13 different seasons – numbers from a magnificent career.

Continued on page 6

Berks Barrister | 5

As difficult as hitting against Carlton may have been, during a large portion of his career it was even harder – for the most part impossible – for fans to hear him talk about the events in which he was the center because, beginning a few years after he joined the Phillies, he refused to speak with the media. Issues that arose between Carlton and certain members of the Philadelphia press corps led to his declaring an embargo on interviews, with few exceptions. Originally referred to as “Super Steve” in MAB Rich Lux Paint ads that appeared after his 1972 season, Carlton became “Silent Steve,” eventually not even consenting to interviews with his former battery mate Tim McCarver, who had become a Phillies broadcaster.

Given this background, those in attendance at the luncheon (the majority of whom were Phillies fans), were eager to actually hear Carlton share his insights on his career, the Phillies, and other baseball flotsam and jetsam. Aside from a few interviews at the end of his career and his speech given at the time of his induction into the Baseball Hall of Fame, there were otherwise few occasions in the last 35 years when that opportunity to hear Carlton speak presented itself. For myself, I was looking forward to being able to interview him briefly before his presentation in preparation for an article on the event, and being able to sit with Brian Smith, who writes on the Phillies for the Reading Eagle, when he would interview Carlton for his story on the event.

The game plan changed when Mark Caltigarone contacted me a few days before the luncheon and related that Carlton, through his agent Warren Greene, had expressed a preference for an “armchair presentation” in which Carlton and two other people would sit in armchairs on the stage, establishing a comfortable setting, despite the crowd of 500 people. Carlton would respond to questions posed by his on stage companions – talking baseball and the Phillies. Greene’s idea was that Carlton would address “things people wanted to hear rather than stand behind a podium” and talk about things of less interest to the audience.

Darned if Mark didn’t ask me to join him as the other armchair sitter. I was flattered, honored and downright bowled over. After I was done thanking him for inviting me to participate, we discussed the right way to go about the armchair conversation, agreeing that the overall goal was for us to present questions that

6 | Berks Barrister

would cover highlights of Carlton’s career and make him feel comfortable to elaborate on his answers as he saw fit. The idea was to let the audience learn about Lefty with him doing the talking, with our questions simply geared to getting the ball rolling. Mark and I were to be, in the words of the Eagle article describing the event, a “panel of two.”

The day before the event, the Panel of Two met to review questions we each had come up with, pick out which topics would be addressed, and determine the order in which they would be raised. We agreed that a good starting point for questions would be to ask Carlton to discuss the circumstances of the February 1972 trade that brought him to the Phillies from the Saint Louis Cardinals and the remarkable 1972 season that followed, introducing him to Phillies fans. The rest would flow from there.

In the course of the planning session, Mark diplomatically suggested that the questions I put together about Carlton’s limited roles in the 1967 World Series between the Cardinals and the Boston Red Sox (six innings pitched with no earned runs as the starting pitcher in Game 5, a 3-1 Cardinal loss in which he was the losing pitcher), as well as in the 1968 World Series between the Cardinals and the Detroit Tigers (two relief appearances, with no starts) might be fascinating to explore under other circumstances, but not with the time limitations we faced in the session with a room full of Phillies fans. His point well taken, they were left on the cutting room floor.

As the time for the event approached, it occurred to me that I've never done anything in front of 500 people that didn't involve playing a tuba. (The fact that those events usually went fairly well was of little comfort as all I could hide behind in this instance was my notepad rather than the tuba.) Mark, who had met and spent some time with Carlton before, and Warren Greene both provided assurances that Carlton was down to earth, engaging and would be good company on stage. Nonetheless, the ultimate standard I applied to each question I proposed to ask was whether it would evoke a Bryce Harper-like reaction, of “That’s a clown question, bro.”

I was to learn quickly that my fears were groundless. My first contact with Carlton was during the cocktail hour as he was being interviewed by Brian Smith for the article on the event that would appear in the Eagle.* Standing to the side, I asked Brian if he minded if I joined in, to which he graciously assented. I noted early in their interview that Carlton was cordial, specifically

recalling an earlier interview he had had with Brian several years ago. Carlton seemed to conclude that there was no hidden agenda in Brian’s questions, and was relaxed in the responses he gave.

And at no point did he use the words “clown” or “bro.” All this was very encouraging. Then, during a break in Brian’s interview, I introduced myself to Carlton, describing myself as being one of the armchair Pips who would be up there with him on stage asking questions while he was being Gladys Knight. Carlton looked at me for a moment, and then laughed. Things were off to a good start.

After the interview for the Eagle was completed, I talked to Carlton about different things that he might want to talk about in the session, asking him specifically about the grueling exercise regimen for which he was famous during his career (it was said at the time he was the best conditioned athlete in baseball; he still looks very fit). Carlton first provided a detailed description of the concepts behind his regimen and what he had learned from his spiritual mentor – a Bible scholar.

His account was essentially the same thing he would tell the audience a short time later, where he related how the scholar “convinced me how to think, how to create,” describing how he learned as “a surrender process,” in which Carlton would “have a goal and … know at the end of the year that I'm going to attain this goal.”

Carlton described to me, as he would later state, how this process “allows you to relax” and that his “ability became better because (he) was relaxed” and that the process was to counter

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pressure one puts on oneself and instead to "just let go.”

In discussing it in the later session, he stated how “The ability came out. I could relax. Tension restricts. Just let the mechanics work for you. It worked amazingly well. But it’s projecting yourself into the future and surrendering to it and knowing that you’re going to attain those goals you set for yourself.”

After relating this to me in our initial conversation, he then translated these concepts to the specific mechanics of his pitching delivery by suggesting we go to a less crowded area outside the main room, where he then went through his full pitching windup, providing a brief analysis at each stage about how the overall relaxation arising from his mental process and corresponding adjustments affected the net result, which was to enhance his effectiveness as a pitcher. This included explaining how where he would break his hands in the delivery would have a direct effect – the result being that the relaxed mechanics from the saved energy increased the velocity of the pitch. Carlton explaining that it “added 2 1/2 feet to my fastball.” A major enhancement.

I asked Carlton if, aside from his spiritual advisor, he had any other mentors in the development of his pitching mechanics. His response was to say he only had the spiritual mentor, who caused him to believe in himself and focus his concentration, concluding that, “All the specifics that I just told you about in the motion are things I've analyzed myself.”

At that point several people with baseballs to sign came up and my private clinic with a member of the Baseball Hall of Fame came to an end. Beyond thinking, “Geez, Steve Carlton just

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took the time to show me the keys to his pitching success,” I was overwhelmed with how serious he was on the subject, how sincere he was in imparting his knowledge to me, and how intensely focused he was in giving the message. I could not help but think how effective he would be in providing instruction in the development of young pitchers at any level – that he would make a heck of a coach if he was so inclined to do so. (My hopes to introduce a discussion of these mechanics into the later session became an unfortunate casualty of time limitations.)

Another major bonus in my being a member of the Panel of Two was that I was able to sit at Carlton’s table during lunch. (Mark had a seat there too, but he didn’t get to eat, as he was busy being event chair, which included coordinating auctions and other matters.) Asked about his recollections from various trips to Reading for the annual exhibition games with the Reading Phillies during his time with the major league Phillies, Carlton pointed out that as a starting pitcher he was often excused from coming up for the games, but that for those he did attend he didn’t have any specific recollections.

I did ask him about an incident which was the lead in an article I wrote two years ago on exhibition games in Reading. At one of the games in the mid-1970s, Tug McGraw offered an autographed ball to two fans if they would get him a beer and a sausage sandwich. The two fans, being enterprising, said they would indeed come through with the sandwich and beer only if the ball they received was autographed not

8 | Berks Barrister

only by the Tugger, but also by Carlton, who was hanging around the bullpen with the other Phillies pitchers.

At this point in the story, Carlton looked at me with something between a grimace and a smile and said, “I suppose I was reluctant to sign the ball,” which was indeed the next part of the story.

According to the fans, McGraw followed Carlton around with a ball and a Sharpie pen begging him to sign, until Carlton turned in exasperation and signed the ball, enabling the Tugger to triumphantly obtain the desired sausage sandwich and beer.

Carlton’s reaction was a polite smile, but I decided to leave this one on the cutting room floor as well.

During lunch Carlton talked with enthusiasm about what he did recall about Reading, which was Joe's Restaurant, a gourmet establishment that specialized in mushroom dishes (which closed about 15 years ago), relating that he came up from Philadelphia to dine there five or six times. He was also interested in learning about Sid Kline, Jr., and the achievements that led to the creation of

the Sidney D. Kline, Jr., Award, presented at the luncheon to Sid’s wife Barbara Kline.

The session between Carlton and the Panel of Two went well. Carlton showed interest in addressing the questions posed, and answered them with enthusiasm, candor and humor. In relating the circumstances of the 1971 trade that brought him over from St. Louis in exchange for Rick Wise, he pulled no punches when he referred to the 1972 Phillies as being “terrible.” And he received a big laugh when he related that his immediate response to the trade to the lowly Phillies was to go out and “tie one on” with new Phillies teammates Joe Horner and Tim McCarver, who had previously been his teammates on the Cardinals.

Asked about his former managers, he related with a chuckle how “We used to watch Red Schoendienst (of the Cardinals) and Danny Ozark (of the Phillies) outdumb each other,” adding, “For managers, it's not how many games they win for you; it's how many games they lose for you."

The subject of Carlton’s funniest story about a former manager was former Phillies (and Reading Phillies) manager John Felske, who (most present learned that day for the first time) wore a toupee. Describing how Felske “was very sensitive about [the toupee],” Carlton related how during batting practice before a game in Los Angeles, Felske “got hit in the back of the head with a ball somebody threw… grabbed his head and grabbed his toupee. The toupee coming off was more painful than getting hit with the ball."

The audience enjoyed hearing how Carlton found teammate Larry Bowa irritatingly “chirpy,” which compelled Carlton to have to “squeeze [Bowa’s] face” to quiet him down.

Carlton told of how in 1979, when he invited his new teammate Pete Rose out for a few drinks, Rose told him he didn’t drink. Carlton received a lot of laughs when he said, “I had never heard of anybody who

doesn't drink.” Asked by Carlton what he did do after games, Rose said, “I go back to the hotel and watch sports.” An equal number of laughs were elicited when Carlton said to the audience, “Obviously, you know he loves sports.” On the subject of Rose, Carlton concluded that Rose should be in the Hall of Fame, and that, "With the steroids thing, Pete looks like a pretty good guy."

Another question centered on Carlton’s pickoff move to first base which was highly effective, but often resulted in balks being called on him. Although there is a dispute about the statistic, several sources have Carlton holding the major league career record of 145 pickoffs.

Carlton’s website specifically points out that he has the major league record of career balks with 90 (a distant second on the list is Bob Welch who has a mere 45). Asked about his problems with the umpires who called the balks, Carlton initially deadpanned that, in the first place, he never balked.

Clinical with his analysis of the problems he encountered with umpires with respect to his move, Carlton explained that “Most of them were not balks. To have a good move to first, it has to appear to be a balk but it isn’t. I practiced that move and my foot would come down on the right side of the imaginary line.” Not all umpires agreed.

Carlton described the personal highlight of his career being different World Series in which he participated, as “in the World Series you are in the spotlight for all to see.”

Asked who he feared to see batting against him the most, Carlton first qualified his answer, saying that he feared no one at the plate, as fear was not something he could allow in his state of mind when he played. However, he went on to say that Johnny Bench “hit a bunch of home runs off ” of him (12, for those of you keeping score at home; Gary Carter hit 11), and that in one game Bench hit home runs off of him to right, center and left field. Carlton added that he thought that somehow Bench had been tipped on the pitches.

After a half hour of questions from the Panel of Two, Mark then opened questions to the audience, where questions were addressed by Carlton for another 20 minutes. The question and answer approach had gone well. Warren Greene

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had been correct in his assurances. Carlton was engaging, relaxed in his presentation and genuinely interested in answering the questions raised, whether it was from the audience or the Panel.

The event itself was a major success, marking the highest amount of funds raised in its history. A sincere thanks to Mark for inviting me to participate with him in the session with Carlton, for his time and efforts in coordinating the event, along with the other Event Committee

members whose time and efforts made the luncheon a real success. *see http://readingeagle.com/article/20131209/ SPORTS/312099942 Sources: Baseball Reference.com http://www.baseball-reference.com/ Retrosheet: http://retrosheet.org/ Brian Smith, “Carlton Delivers Entertaining Remarks”, Reading Eagle, December 9, 2013

Berks Barrister | 9

MY BELOVED’S RETURN

By William W. Runyeon, Esquire

One who returns differs from the one who left by the intervening experience; so also does the one who remains.

And so, upon reunion, for a time, the patterns of communication require particular focus, not only through the window of return, but also across the threshold of inevitable new differences, into a relationship at least slightly altered,

changes to be recognized, accepted, and even, on occasion, understood; where the axial lines of life,

by Heaven’s grace, establish their own geometry, to run with parallels, and intersections, always a little beyond the windows of experience, and the threshold of expectation.

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Act 73: Tightening the Grip on Notaries Public

By Jill M. Scheidt, Esquire

H

ouse Bill 25 was signed into law on October 9, 2013 and became Act 73 of 2013. Act 73 adopts the Revised Uniform Law on Notarial Acts (RULONA) and completely replaces the former Notary Public Law and Uniform Acknowledgement Act with modern language, best practices and specific acknowledgement of the fraudulent business practices employed by Hispanic notaries. Although the Act will be implemented in several phases, it is effective immediately and gives the Department of State the authority to make regulations for implementation of the new law and to approve basic and continuing notary education courses.

For over 200 years, notaries public have been officially recognized by the Commonwealth for the administration of oaths and affirmations, certification of copies and taking depositions, affidavits, verifications and acknowledgements.

While notaries public in Pennsylvania provide a very important function by certifying, verifying and acknowledging hundreds of thousands of important documents every year, the role has been used by some as a license to perpetuate fraud through the unauthorized practice of law.

More than 80,000 men and women hold notary public commissions in Pennsylvania. A significant number of them in the City of Reading are Hispanic and this has been quite problematic. In Spanish-speaking countries, and many other European countries, one must be a lawyer before becoming a notary. So certain populations feel comfortable using notaries public. Specifically, Spanishspeaking individuals, upon seeing the title (notario publico) wrongfully believe that they are obtaining the services of a super lawyer. In fact, notaries in Pennsylvania have no legal training or formal education.

The new Act specifically prohibits notaries public from the misuse of the term “notario publico”, a designation in Spanish-speaking countries that permits an appropriately licensed individual to practice law. We at the local level and at the Pennsylvania Bar Association applaud the state legislators for approving, and the governor for signing, this legislation which prohibits notaries public from engaging in false or deceptive advertising, preparing or offering to prepare legal documents and providing legal advice.

“This law is an important legal victory for Spanish-speaking and other individuals who have fallen victim to notaries public and other non-lawyers who have abused the term ‘notario publico’ for their own financial gain,” said Forrest N. Myers, President of the Pennsylvania Bar Association.

“We are pleased that the governor and the legislature worked with us on this important consumer protection measure.”

Since 2007, the PBA Unauthorized Practice of Law (UPL) committee has investigated complaints against other non-lawyers misrepresenting their ability to serve clients. “Any notaries public and other non-lawyers using the term ‘notario publico’ have been misrepresenting their knowledge and their authorization to serve clients in important legal matters such as immigration,” said William F. Hoffmyer, Co-Chair of the PBA’s UPL Committee.

“From this day going forward, only lawyers admitted to practice law in Pennsylvania can use the term ‘notario publico’, which ensures that Spanish-speaking and other clients are represented by legal professionals who have the education, training and authority to represent them before government agencies and to provide advice concerning legal documents.”

This is a serious issue in Reading. The notarios are advertising blatantly that they perform immigration assistance. The new law specifically discusses the concerns about non-lawyers engaged in immigration practice and forbids such representation.

In an effort to protect clients in this area, the Berks County Bar Association made an effort to educate the local notaries by holding a Notary Public Summit on October 22, 2013. We invited the notaries in Reading to attend so we could open a dialog and educate them regarding the new Act, their role and the restrictions on them. Although it was sparsely attended, we sparked a lively debate with those who attended. Attorneys Marilu Rodriguez, Abraham Cepeda, George Gonzalez and Jill M. Scheidt were presenters.

We will remain active with the Centro Hispano and Berks County Latino Chamber of Commerce to continue this dialogue.

Editor’s Note: Ms. Scheidt, partner at Masano Bradley, is a Past President of the Berks County Bar Association and currently serves as chair of our Unauthorized Practice of Law Committee.

Berks Barrister | 11

Book Review

To the End of June

By Cris Beam

Reviewed by Sharon M. Scullin, Esquire

T

he nonfiction book To the End of June: the Intimate Life of American Foster Care, by Cris Beam, is a page-turner because it presents the stories of real children and their foster families.

The reader wants to find out what happens in each case.

Full Disclosure: this reviewer is a Guardian ad Litem for the County of Berks, which means that I was worried for each child about whom I was reading in this book. Ms. Beam researched her book for five years by befriending foster families and children, mostly in New York City where she lives, but also a few in other states, and following their successes or failures over that time. The author also includes statistics and some of the history of child welfare, but the focus is on the individuals she comes to know.

Such a focus on individuals is both a strength and a weakness of the book.

The people are vividly drawn and Ms. Beam succeeds in making the reader care about their fates. But the book remains an “intimate” portrait because it is impossible to extrapolate many universal truths about foster care from this small sample, besides the obvious ones: the system needs more funding, better trained professionals and foster parents, better coordination

12 | Berks Barrister

with schools, doctors and mental health professionals, and to be child-centric. As the author herself admits, “In truth we don’t know much about foster parent demographics nationwide; most information is anecdotal rather than cumulative or comprehensive.”

To the End of June is structured to mirror the three phases of contact that a child might have with the foster care system. The first section, “Catch,” examines some cases in which a child was removed. Most of the cases in this section of the book involve infants and toddlers, and several of them have drug addict parents. The issue of whether a child is at risk “simply” because a parent is a drug addict will be debated whenever child welfare professionals have a spare moment to debate. I did feel that the author was being a tad disingenuous in writing that “if they think they’ll lose their kids, drug addict parents are not likely to ask for help early on.” Ms. Beam makes the same point about pregnant drug addicts who fail to get pre-natal care. In my experience, drug addicts are not likely to ask for help – early on or otherwise – and their kids are not their priority. That’s one of the reasons we recognize drug addiction as a disease.

Other than the Rosario family, Ms. Beam does not highlight any cases in this section in which the children were school-age and had suffered physical or sexual abuse at home or had been thrown out of the house by their parents. If we are examining why children may not easily be integrated into a foster home, it should be obvious that this population of children carries its home-grown problems with it into the foster homes and eventually, into the world. The eight Rosarios are almost stereotypical of these cases in that their mother beat them, starved them, locked them in closets and abandoned them over and over again. The two oldest girls were in foster care and Arelis, 14, took care of the younger children for six months until she

called the Administration for Children’s Services in New York City. Foster mother Mary Keane took all six kids and eventually found an adoptive home on her block for the two youngest. Arelis is angry that ACS did not step in earlier and terminate her mother’s rights sooner.

The middle section, “Hold,” shines a light on the efforts that foster families and children make to adapt to each other, and what little support they sometimes receive from their local child welfare services agency. One family in particular is featured throughout the book as trying to save children whom everyone else has given up on, including the children themselves.

Like many foster families, the Greens are motivated by religion and civics, but the teenagers they foster have a difficult time with the structure that the parents impose to keep the kids off the streets and focused on education. Ms. Beam also exposes the miserable existence of teenagers in group facilities. Her interviews and descriptions make the New York system sound like Lord of the Flies. Let me give a plug here for Bethany Childrens’ Home. Many of my teenage clients come into custody

specifically requesting placement there.

They don’t want to try to conform to the rules of a strange household or try to love a new family, but they don’t mind being at Bethany because they are among their peers, the staff is compassionate and the school is normal.

“Release” is the final section of the book, and it follows youths between 18 and 21 who have been in foster care.

There are few successes, and again, the child welfare system is very stingy in providing the necessary supports that a young adult needs to live independently, despite the John H. Chaffee Foster Care Independence Program that was designed to ease this transition. This is a federal law that offers assistance to current and former foster care youths in making the jump to self-sufficiency. Funds are available to youths who leave foster care after age 16 for guardianship or adoption and for youths between 18 and 21 who age out of the system. The funds are earmarked for help with education, employment, financial management, housing, emotional support, and assuring connections to caring adults.

There is a separate voucher program for

up to $5000 per year for post secondary education and training. As with every other facet of the child welfare system, the programs implementing this law do not seem to translate into solid gains for the youths in this age group.

It is telling that even the teenagers who drifted away from the Greens fall back on their foster parents in times of need. The Greens are disheartened and the teens keep answering the call of the street but they continue to form a family of sorts. This section is a realistic portrayal of the push-pull that teens feel between their former lives and their foster homes. Not having grown up with stable role models in their biological homes, these kids often find it hard to persevere toward long-term goals.

Many of them have been in institutions for years and have no relationship with any relatives. Beam cites a statistic that 70% of children discharged from group homes will become homeless.

Although she herself ran from her mother’s home at age 14 and later adopted a transgendered teen, Continued on page 14

Berks Barrister | 13

throughout To the End of June, the author’s ambivalence toward foster care is clear. Ms. Beam admires many of the people she profiles who are opening their homes to foster children, but she writes “nobody – not the kids, not the foster or biological parents, not the social workers, the administrators, the politicians, the policy experts – thinks the system is working.” I agree with her that the foster care system can and should be improved. But all of the statistics that she marshals to bolster her argument that children in foster care have more problems (of every kind) than other children do not illuminate which of the problems are a result of the failings of the foster care system and which are the result of the failings of the biological family. Children who have lived with abusive, neglectful, addicted, mentally ill parents (and a revolving door of violent paramours) for any length of time and who have been starved, beaten, raped, tormented by lice and bedbugs, freezing in winter, so smelly that kids in school won’t sit near them, whose medical, dental and mental health needs are ignored – these children will have problems whether they spend any time in foster homes or not.

Arelis Rosario stated, “I feel like I will always be missing a piece (of myself ), no matter where I am in life. I think she (her mother) has that piece.” Arelis is in college and thriving, but she can never get back her childhood and sense of self. The title of the book, To the End of June, comes from a teen adopted by the Greens, who was writing the history of her 21 foster homes.

Throughout her years in placement, she waited for her mother to come to visits and was disappointed. “I never got what I was promised. That’s why it’s hard to believe I’m really going to be adopted.” June 17, 2008, was the date of her adoption, so she said her book would have a happy ending. A year later, she ran away from the Greens to live with her mother.

In Berks County, we are fortunate to have many foster parents who are like the Greens and Mary Keane. As with any group, there are a few people that disappoint, but the majority are families who open their homes and their hearts to children, and who stick by their new family members despite all sorts of demands and challenges from the bureaucracy and the children themselves: evaluations, therapy, medical appointments at inconvenient clinics, court appearances, parent visits, the adverse

“I can help!”

reactions to visits, and the emotional fallout from all of the trauma suffered by the children, including removal from their parents.

Our foster families welcome large sibling groups and children with devastating disabilities. There is a common misperception that foster parents are motivated by money. The good ones do it for the right reasons, and reimbursement doesn’t come close to covering their expenses. Some foster families take children for short-term placements to address emergencies and some foster to adopt. This means they accept the risk that the child they are caring for may be reunited with his or her parent, if the parent can remedy the situation that resulted in placement: the best possible outcome for a child. But if the parent does not comply with court-ordered services, a relative may appear from out of nowhere a year into the case and be awarded custody over the foster family, despite attachment theory and common sense.

This latter risk is probably both unimaginable and unacceptable to most legal risk parents (kinship or traditional foster homes), and it is a harsh reality for them and the children.

Ms. Beam interviewed Marcia Robinson Lowry, Esq., who sued New York City on behalf of Shirley Wilder in a famous case that changed the way foster care was doled out. Ms. Lowry states the basic tenets of foster care laws are decent but it’s the implementation that isn’t working. “There’s no real cultural value placed on the lives of foster children or their families…” The best interest of the child is not given paramount consideration in the decision about where a dependent child should live. To try to insure that a child is not shuttled around in multiple placements, the child welfare agency needs to find all appropriate relatives as soon as possible, always put younger children in legal risk homes, have equally high standards for both kinship and traditional foster homes, and not disrupt the placement unless the parent succeeds in reunifying or the placement itself doesn’t work for some reason.

The book is an excellent introduction to the world of child welfare and foster care.

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14 | Berks Barrister

State Representative Jim Cox had lunch with members of the Bar Association in early November, hosted by the Governmental Affairs Committee, chaired by Jim Smith (L) and Mark Yoder (R). It was a good interactive discussion during which the topics that were addressed included legal advertising, his sales tax proposal and funding of public education.

2013 admission Ceremony and Reception On November 14 the Berks County Bar Association’s Admission and Membership Committee, chaired by Carmen Stanziola, hosted the annual Admission Ceremony, presided over by President Judge Paul M. Yatron. A reception followed.

For the first time federal judges were invited to the Admission Ceremony (L-R): Federal District Court Judge Jeffrey L. Schmehl, Bankruptcy Judge Richard E. Fehling and Administrative Law Judge George C. Yatron

John Hoffert introduced his grandson, Zach Morey

Kelsey with her father, Walter Frankowski

CLASS OF 2013 (L-R): Maxwell Nice, Charles Rick, Zachary Morey, Elizabeth Ware, Geraldine Linn, Katherine Zimmermann, Sara Haines, David Krisch, Melissa Boyd Freeman and Kelsey Frankowski

Max Nice (right) with his father, Fred Nice (center), mother, Nancy, and his grandparents, Ted and Dot Leas

Kurt and Eleni Geishauser with 2013 YLS President Justin Bodor

Melissa Boyd Freeman and Katie Zimmermann

Stacey Scrivani and Lisa Siciliano

Rolando Ramos-Cardona and BCBA Treasurer Eden Bucher

Berks Barrister | 15

The Honorable Jeffrey L.Schmehl Takes the Federal Bench

By Alisa R. Hobart, Assistant District Attorney

O

n June 27, 2013, our own Jeffrey L. Schmehl was commissioned as United States District Court Judge for the Eastern District of Pennsylvania, with

a formal swearing in ceremony following on September 27, 2013. Many of you know Judge Schmehl most recently as the President Judge of the Berks County Court of Common Pleas, where he held this post from 2008 until January 2013. Judge Schmehl was nominated to fill one of many vacancies in the Eastern District, including that created by the untimely passing of U.S. District Court Judge Thomas Golden, also of our Bar.

16 | Berks Barrister

Recently accepting Federal District Judge Schmehl’s standing invitation to conduct admissions to the federal bar locally were (L-R) Julie Marburger, Mike Wieder, Kelsey Frankowski and Mike Cammarano, Jr. Taking the picture was Matt Setley, who moved for their admission.

Although many of our bar members are familiar with Judge Schmehl, as his legal career has been quite expansive and diverse, a brief biography may be in order. An alumnus of Governor Mifflin High School, Judge Schmehl graduated from Dickinson College in 1977 and received his J.D. from The University of Toledo School of Law in 1980. After service for two years with the Public Defender’s Office, Judge Schmehl was employed as an Assistant District Attorney for five years, during which he was one of only a few people to receive an Official Commendation from the City of Reading for his service with the vice unit of the Reading Police Department. During this time, Judge Schmehl was also in private practice, but he left both positions in 1986 to join Rhoda, Stoudt and Bradley, the precursor to Kozloff Stoudt. Judge Schmehl became a partner in the firm in 1988, where he remained until his election to the Berks County Court of Common Pleas in 1998.

Judge Schmehl also served as the Berks County Solicitor while balancing his work at the firm, and acted in an adjunct capacity teaching at the Reading Police Academy and Alvernia College.

While President Judge, Judge Schmehl was appointed by the Berks County Commissioners to sit on the advisory board for the Mental Health/Developmental Disabilities office for Berks County, a position which he has maintained. Judge Schmehl is also a past recipient of the W. Richard Eshelman Award from the Berks County Prison Society, and he was presented with the Bar Association’s Liberty Bell Award at the Law Day luncheon in 2010. Judge Schmehl has been active in our Bar Association for many years, chairing and being involved in several committees and attending countless functions. You may recall Judge Schmehl’s involvement in the annual Young Lawyers v. Seasoned Judges/ Attorneys softball game – a nod to his earlier experience coaching youth sports for his children.

Judge Schmehl currently has chambers on the 4th floor of the Madison Building in Reading, as well as the 3rd floor of the U.S. Courthouse in Philadelphia. He currently manages a number of pending matters, but will be assigned to “Northern Tier” cases from Lancaster, Berks, Lehigh and Northampton Counties as they are filed. His caseload is varied, involving a large quantity

of employment litigation, but his most challenging cases tend to involve larger Fortune 500-type companies with the potential for nationwide impact. Judge Schmehl is surrounded by a diverse staff with federal and state experience, including law clerks Chris Lyding, Jill Fisher, and Joe Blowers and secretary Barb Crossley, and he encourages all Bar members to take advantage of his proximity to become admitted to the federal bar.

For those of you who engage in federal practice, but missed his most recent continuing education presentation on the subject, Judge Schmehl’s judicial procedures can be found on the website for the U.S. Court District Court for the Eastern District at http://www.paed.uscourts.gov/documents/procedures/scmpol.pdf.

Although maybe not necessary for our members, Judge Schmehl is amenable to conducting some minor matters by telephonic conference to ease the travel burdens on the litigants, but finds that this procedure is not conducive to resolving larger issues. As a matter of practice, Judge Schmehl recommends that litigants who appear before him should be prepared and familiar with his judicial procedures, and he encourages the litigants to advocate civilly and professionally regarding discovery and motions practice.

In closing, we are extraordinarily fortunate to have such a distinguished member of our local bench appointed to this position, especially to fill the chambers previously occupied by another distinguished member of our Bar. The legacy is magnificent. At the time of Judge Schmehl’s nomination, President Obama remarked, “These men and women have had distinguished legal careers and I am honored to ask them to continue their work as judges on the federal bench. They will serve the American people with integrity and unwavering commitment to justice.”

Distinguished legal career. Integrity.

Unwavering commitment to justice.

That really says it all.

Berks Barrister | 17

BEHOLD,

THE HUMAN ANIMAL!

By Clemson N. Page, Jr., Esquire

Editor’s Warning: This story is not intended for a reader who possesses a “weak stomach.”

The human animal! A creature sublime!

His wit celebrates reason and rhyme!

Yet he sleeps and he eats, (And then he excretes), And dons his britches one leg at a time.

S

O THERE I stood, in open court, making an argument to the President Judge of the United States Bankruptcy Court for the Eastern District of Pennsylvania, in Philadelphia, 60 miles from home. Things were humming along quite smoothly, and his Honor appeared to be buying my pitch.

Then, all of a sudden – OOF!! – it felt as if an extremely aggressive billy goat had butted me right in the breadbasket. I took a deep breath, composed myself, and finished my argument – now not particularly caring whether the judge was following me or not.

(As it turned out, he was, and he entered the order I was requesting.)

I hightailed it home, and lay down in bed, hoping the pain in my belly would subside. After half an hour or so with no relief, I surrendered and presented myself at the emergency care unit of our local medical center.

After a certain amount of poking and prodding, the medics declared I had suffered an attack of diverticulitis. This nasty affliction was a bacterial inflammation of the lower end of the large intestine. I’d had a bout of it a year before, and my family doc treated it successfully with heavy antibiotics.

This time, however, it was not going to be so easy.

After several days of such unpleasant things as a urinary tract catheterization and insertion of a drainage tube into my stomach by way of my nose, and listening to the serene gurgle of large quantities of what looked for all the world like raw sewage (truth to tell, that’s exactly what it was) being sucked out of my insides,

18 | Berks Barrister

they doped me up and hauled me into the operating room.

The surgeon, a friendly young man who looked as if he could have been in about the tenth grade, opened me up from the sternum to the navel, and he snipped out about four inches of the offending bowel. Then he cut a hole in the wall of my abdomen, and attached the end of said bowel to it. Imagine an automobile whose exhaust has been cut off and re-routed through the side of the vehicle.

A day or so later, a pleasant outpatient nurse appeared in my hospital room, and showed me how to attach a plastic bag to the hole in my belly, to catch – well – to catch all those by-products of the digestive process. The procedure involved cutting a hole in a coated cardboard disk, to which the bag was attached, slathering it with some stickum – very expensive stickum, as I discovered – and pasting it onto my person in such a way that the diverted excreta would go into the bag, only to be emptied later by a process even a chap as tasteless as I am will decline to describe.

Well, that was a miserable business, and a hell of a way to live.

Considering the alternative, however, I sucked it up and made do – more or less.

Until one day, when I was once again in the United States Bankruptcy Court, this time in the Middle District of Pennsylvania in Wilkes-Barre, 80 miles from home, once again making a pitch to the Court.

The smell was the first indication that something was wrong. Then a warm, liquid sensation around my middle told me something was VERY wrong. As before, I concluded my

comments to the Court while trying to maintain some semblance of professional dignity, retreated to the nearest men’s room, and tried to make temporary repairs. But I was without the requisite stickum.

Then I hit the road. If I’d had siren and flashers, I’d have used them. By the time I got home, my good suit trousers were a lost cause. They went into a sealed trash bag and thence into oblivion.

I cleaned myself up as best I could in the shower, and then slapped on another belly-bag. With extra stickum.

There were similar incidents over the three-month period of my unholy enslavement to the Almighty Colostomy, but none quite as embarrassing as the Wilkes-Barre Incident. To this day, I don’t know whether the judge got wind of my predicament (if you’ll excuse the expression). If he did, I hope he got a good story or two out of it.

To make a long yarn short, the jolly young surgeon opened me up again three months later and reconnected my carburetor to the exhaust. I was happy to ditch the colostomy supplies. When I went to see the surgeon for a follow-up visit, I told him the story of my Wilkes-Barre Bankruptcy Court experience.

“When something like that happens,” he told me with a grin, “you just say, ‘behold the human animal.’”

All I can say is: It takes guts to make a confession like this.

When I was in the Navy, we’d have called this story a no-shitter, but in this case that wouldn’t be accurate.

Editor’s Note: Assuming you have read this far, please know that Mr. Page is a member of the Reading law firm of Austin, Boland, Connor & Giorgi and is the author of Up Home Book One: Stedman 1903-1909, published in October 2007 and is the first of what is intended to be a collection of three historical novels set in Pennsylvania’s anthracite coal country.

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Berks Barrister | 19

Assistant District Attorney

Margaret McCallum

and her husband, James, had a son, Jack Robert, on November 11, 2013. He joins sisters Grayce, 5, and Sophia, 2.

On September 24, 2013,

Christin L. Kochel and

husband Ryan welcomed daughter Elise Ann Kochel.

Christin is with the law firm of Rabenold Koestel.

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John E. Muir, a partner

at Roland Stock, was elected to the Board of Directors of the Berks History Center, formerly the Historical Society of Berks County.

On October 12, 2013, Assistant District Attorney and 2013 YLS President Justin D. Bodor was married to Jessica. They made the cover of the January 2014 issue of Berks County Living!

The of Berks but Instead of “Norm!” its “John!”

By Susan N. Denaro, Esquire

2

01 West is a classic neighborhood bar and restaurant evocative of the bar in the classic sitcom Cheers: when one enters the newly remodeled watering spot, the big bar is the main star of the place and when John Hoffert strolls in, he gets a greeting reminiscent of Norm’s. The only thing missing is the cigar store Indian standing guard.

My recent January night there started out very relaxed. The table tent list of wines by the glass had some fun options, but the nice mix of beers on tap tempted me more. I selected the Breckinridge Vanilla Porter and was pleasantly surprised that the vanilla undertones did not make it the least bit sweet. Instead, it was creamy, fullbodied and satisfying. I’d like to say that it was a good accompaniment to the entrée I chose, but it was gone before the main course arrived.

rice dotted with peas and another of diced avocado simply tossed with fresh lime juice and sea salt was all that was needed to complete the perfect grouper meal. It was the first time I ate grouper and watching Bob cook it was dinner theater at its best.

Having already had a grouper dinner I knew I could never beat, my expectations for the grouper are never too high, particularly in Berks County where it is a rare find on a menu. The 201 West description of its tempura battered grouper

A friend in Florida used to meet the fishing boat and whisk meaty grouper filets home to cook them within minutes of their arriving on dry land. He would rub them with his own blend of mystery spices and sear them on a 500-degree white-hot cast iron skillet set on a side burner of his grill.

From there, he would submerge them in an olive and tomato sauce and bake the Honduran dish. A side of saffron yellow

The waitress made a great suggestion when she recommended the fries to accompany the grouper. They were good, but after I dipped them in the smooth mango-habanero salsa that accompanied the quesadilla special a member of our party ordered, the fries were spectacular.

I actually think the grouper would have been more memorable had it been served with that salsa, as the fruity spice would have brightened and lightened the dish.

The vegetable medley of the day was totally forgettable, but to be honest, no one orders a plate of fish and chips for the side of vegetables.

My spouse ordered the dish Jill recommended, and after he tried one bite of mine, joked that he was glad he was properly trained to always take her advice.

I found his dish, which featured chunks of chicken and artichokes in a buttery sauce with lots of parmesan cheese, to be tasty and very rich but the chicken was slightly over-cooked. I will never know if it was just that bite that was over-baked as he would not let me have a second.

The house-made salad dressings are all great but the homemade rolls were the star of the salad course. For those willing to eat carbohydrates in early January before completely abandoning any New Year’s diet resolutions, trust me when I say the rolls are worth the guilt.

Although I chose to dine at 201 West on the suggestion of Jill Koestel to have the chicken and artichoke hearts entrée, the description of the crispy cilantro grouper dish caught my eye. I learned a long time ago that a trip to the smelly wharf was worth it if the fresh catch of the day was grouper.

been any non-descript fried white fish.

served with a drizzle of cilantro aioli sounded too tempting to pass up. The house-cut French fries I ordered sealed the deal and meant that plate was really more about the fish and chips experience than the grouper.

When the dish arrived piping hot and boasted a large, evenly golden brown offering, my first reaction was so far, so good. Then I tried the fish and was disappointed at the greasiness of it, which made little sense as the tempura batter did not seem soggy. A slathering of the extra aioli I requested after that first bite covered the fried taste, but sadly the flavor of the grouper was lost. For all intents and purposes, it just tasted like it could have

The tables at 201 West were pretty full and there were clearly a lot of regular diners in the restaurant, a sign that my experience was not typical. In fact, a friend recently posted on her Facebook page about a wonderful dinner she had there and the three family members with me all enjoyed their meals.

I have always admired the commitment of the owners to supporting the annual Good Thyme for Life fundraiser for the Co-County Wellness Services. They have also started hosting wine dinners that look tempting. I plan to go back another time, perhaps for one of the wine dinners. As for my continuing search for another great grouper dinner, I still say that when my ship comes in I hope the fresh catch on board is grouper.

Berks Barrister | 21

“I have spent years trying to forget the war,” Gene says. “I do not want to remember; in fact, I refuse to attend reunion events. It was not the South Pacific seen in the movie.

There were no pretty girls.”

When his former law partner, Bradley Davis Miller, was told that Gene did not wish to discuss his military service, Brad explained, “Real heroes never talk about it.”

Gene was honorably discharged in 1946 with the rank of Lieutenant Junior Grade, and he entered Muhlenberg College. Both of Gene’s parents were immigrants from Poland and were committed to him being well educated. His father could not read or write and worked as a street cleaner, saving money for Gene’s education.

A Sixty-year Career of Service to the Profession and Public

By Donald F. Smith, Jr., Esquire

H

e was 16, a junior at Reading High.

America was at war in 1943, and Eugene F. Wisniewski, future lawyer, bar president and administrative law judge, enlisted in the United States Navy as a teenager.

While initially stationed in southern California, Gene completed his high school education, earning a diploma at Santa Maria High School. He then served in the Navy with distinction as an aviator in the Pacific Theater.

22

22 | Berks Barrister

The future lawyer had always been interested in politics and at college he developed a strong desire to go into government. After graduation from Muhlenberg, Gene entered Temple University School of Law with many other veterans at the time. “Law school was kind of an escape from the regimentation of the Navy. Compared to the Navy, law school was easy.”

While tending bar part-time at the 18th Ward Democratic Club, Gene came to know Albert S. Readinger, then a local attorney, member of the Pennsylvania General Assembly, father of current BCBA member Alan S. Readinger and future member of the local bench. After law school the senior Readinger was Gene’s preceptor for six months.

On the day before Christmas 1953, Eugene F. Wisniewski was admitted to the bar of Berks County along with David Roland, Forrest Schaeffer and Darlington Hoopes, Jr. “I was really pleased that my father was there for my admission,” Gene remembers.

Once the required preceptorship had been completed, Gene worked for Henry M. Koch, Sr., for a year and then went out on his own. Berks County Trust Company loaned him $600 for furniture. “I was totally broke and did not even own a car.” During the first year of being solo, Gene grossed $600 in fees.

“That’s gross!” he emphasized. He worked part-time for the post office and lived with his parents.

His prospects improved when the Trust Company referred an estate matter to him.

Friends were becoming clients. “My mother asked me why I was charging my friends fees. I told her, ‘Because my enemies are not coming to me.’”

As was the custom in the “pre-Gideon” days, hungry attorneys would hang out in the courtrooms hoping that a judge would appoint them to serve as defense counsel in a criminal matter. Compensation would take the form of being named a master in a divorce case (at the time, pre-1980, every divorce case went to a master).

One such appointment for Gene became legendary. Here is how the late Judge Calvin E. Smith, in his History of the Berks Bench and Bar, tells the story: “…

Gene Wisniewski, new to the Bar and a bit nervous, stood at attention alongside his client, who was about to be sentenced. The Judge looked up, and, directing his most stern look at poor Gene, lectured him for being a petty criminal and proceeded to mete out the sentence to Gene. The Judge mistook the lawyer for the petty criminal. The irony – Gene was never petty, by the way – nor criminal.”

It was one thing to stand with the indigent defendant for a guilty plea but quite another to go to trial. Nevertheless, the compensation was always the same – one divorce mastership. After being appointed trial counsel, many times the trial would commence ten minutes later. The extent of one’s trial preparation was simply to “exchange names. Some days you went to trial without even knowing the charges,” explained Gene.

In one such trial, Gene achieved an acquittal. The client took the witness stand and promptly confessed to the crime. The quick-thinking Wisniewski closed to the jury by arguing that the defendant “clearly did not have the mental capacity to commit a crime.” The jury agreed.

Gene married in 1957. While the marriage ended in divorce ten years later, it produced two daughters. Karen is in human resources with the United States Department of State and works in Kabul, Afghanistan. Kim is a social worker at the University of Miami where she counsels families of deaf children. In 1971 Gene married Elaine, who had had two sons in a prior marriage but “they consider me their father.” Jim is a disabled veteran, and Rick is a school teacher. Together, Elaine and Gene adopted Debbie, who was recently laid off from Comcast.

Gene’s trial practice began to pick up when he started to receive referrals from Erie Insurance Company. “College buddies of mine had gone to work for Erie, and they asked me to take some ‘junk’ cases.” In time, Erie became his number one client, and the cases went from simple property damage claims to defending complex personal injury and workers’ compensation cases.

Despite an increasingly busy practice, politics remained an interest. In 1959 the Democrat Wisniewski made an unsuccessful run for district attorney, but in 1967 he was elected to the Reading School Board, serving six years. He also achieved electoral success when he was elected president of the Flying Dutchman’s Ski Club at the age of 46.

He had taken up the sport later in life but became an avid skier.

Gene notes that he served as executive director of the Reading Redevelopment Authority for five years and “was the one who tore everything down from 6th to 8th streets.”

Later, when Richard A. Bausher, a Republican, was a candidate for Common

Pleas Court Judge, Gene headed “Democrats for Bausher.”

Having tried many cases with Dick, Gene developed a great deal of respect for him. “Dick was an attorney who kept his word.”

At one time during Gene’s legal practice, his office was in a building in the 700 block of Washington Street which he shared with Adam B. Krafczek, Sr., and the late Leonard Gajewski. Colleagues at the bar referred to it as “the Polish embassy.” “I was well treated by the bar members and never encountered any discrimination.”

In October 1977 Gene became president of the Berks County Bar Association. “To have served as president was the high point of my career. The presidency is recognition of the respect your fellow members have for you – there is no greater gift.”

A year later, with his term ending, Judge Smith notes that Gene “observed that the Bar had survived its first Polish president.”

Also in 1977 Gene took on an associate, Bradley Davis Miller. When asked about Gene, Brad notes there is “is not a kinder man” and he was a great mentor.

Except, there was one embarrassing moment.

Brad was trying his first case, and Gene was sitting next to him at counsel table. It came time for Brad to cross-examine the first witness. He asks one question, and Gene immediately stands to object! The judge was surprised, not to mention Brad. In Brad’s words, “The leash was not too long; it was a real teaching moment.”

The two became law partners, and the partnership lasted until Gene was appointed United States Administrative Law Judge on August 22, 1982. The Reading Eagle report on the appointment included a quote from Gene as to his move to new duties at the age of 55: “‘I want to do something different,’ said Wisniewski, explaining his career change after practicing law in Berks for 29 years… ‘It’s now or forget about it,’ he said.”

Interestingly, the newspaper account notes that, until he had begun the ALJ selection process, “Wisniewski had been prominently mentioned as a probable candidate for the vacant judgeship on the Berks County Court.”

Initially, Judge Wiz – as his colleagues called him – traveled all over the country to hear and decide cases involving Medicare

fraud. Seventeen years later, as part of his retirement celebration, it was written that the new judge “developed a relaxed and congenial style… His contributions to the agency were quickly recognized.”

Judge Wisniewski became Regional Chief Administrative Law Judge for Region III in January 1985. The region included Pennsylvania, Maryland, Delaware, Virginia, West Virginia, parts of eastern Kentucky and eastern Ohio and the District of Columbia. In addition to his administrative duties, he continued to hear and decide cases, traveling extensively.

In August 1995 wife Elaine was seriously injured in a motor vehicle accident. Her rehabilitation was extensive and lengthy, and, for a period of time, she was confined to a wheelchair. The Judge wanted to stay close and not travel as much. So, as Regional Chief ALJ, he established a remote hearing site in Reading and only heard cases here. He stepped down as Chief on August 18, 1996. While hearing cases in Reading, it was written in his subsequent retirement

Continued on page 24

Berks Barrister | 23

program that “Wiz continued to serve the agency in special assignments, provide world class service to the public as an administrative law judge, and act as a valued mentor to his fellow judges and co-workers.”

BCBA member Barbara H. Beringer, an advocate for Social Security Disability claimants, frequently appeared before Judge Wisniewski. “I enjoyed being in front of him. It was a real pleasure to be in his courtroom.” Barbara recalls that, whenever you would greet the Judge with a “Hello, how are you?” he consistently responded: “It is a wonderful day!” Barbara appreciated that “he was always upbeat and positive.”

Another SSD claimant attorney, Louis M. Shucker, describes the Judge as “always being respectful to the claimant.”

Lou further recalls him running a good courtroom “but not being easy. Gene knew the law, followed the law and you had to meet the disability standard. I did not always agree with him, but he was always fair.”

to run deep. When one is in his presence, it does not take long to sense the bundle of energy he possesses. He has re-joined the Berks County Bar Association as an honorary member.

Elaine passed away in 2011. Her death was attributed to brain scarring, a residual of the motor vehicle accident. While there is a tremendous void in his life, his personality, described by Judge Smith in his book as “irrepressible,” is still evident. He refers, without regret, to himself as “the chief cook and bottle washer” for the family at holiday celebrations.

“I enjoyed my career as a lawyer. I have had a wonderful life. I did it all.”

Indeed.

back to work. The 87-year-old Wiz says, “Retirement is for the very ill and the very elderly. I am neither and can never be retired.”

Since 2007 Gene has been Legislative Aide to State Representative Tom Caltagirone, working in the Reading district office. He meets with constituents on issues concerning veterans affairs, disability, workers’ compensation, unemployment compensation and immigration, to name a few, and then makes the appropriate referral.

Representative Caltagirone says, “I think the world of the guy. His background is amazing – military, legal practice, judge. He is a tremendous asset to our office.”

Gene gave up his license to practice law, but his passion for helping people continues

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When Gene did retire from hearing cases on April 2, 1999, it was not for long.

By the year 2000 Elaine had sufficiently recovered to allow Gene to once again travel. Accordingly, he was re-appointed to serve as senior judge from 2000 to 2006, primarily hearing cases arising on Indian reservations in Montana and Wyoming.

In 2006 the robe was put away for good. However, after “one year of living in the neighborhood, walking the dog and fixing faucets,” Gene felt a need to get

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Spotlight on New Members

By Donald F. Smith, Jr., Esquire

Kelsey Frankowski joined the firm of Georgeadis Setley as an associate after graduating from Duquesne University School of Law. She is a graduate of Oley Valley High School, where she excelled at softball, and then attended Albright College, where she earned a Bachelor’s Degree in English and Communications. While in law school she interned for Federal District Judge Alan N. Bloch, worked for the City of Pittsburgh Solicitor’s Office and served as a research assistant for Professor of Law Steven Baicker-Mckee. Kelsey’s current practice areas include civil litigation, business, corporate, real estate, municipal, family and estate law. She enjoys traveling, yoga, live music, skiing and hiking.

KELSEY FRANKOWSKI

Zachary Morey is the new associate at Hoffert & Klonis. A graduate of Washington College and Roger Williams School of Law, Zach is practicing in the areas of family, estate, municipal and landlord/tenant.

Previously, he was a Government Relations Fellow at McAllister & Quinn in Washington, D.C., had clerked for Federal District Judge Berle Schiller and had worked at Burns White in long-term skilled nursing care defense litigation. His hobbies include being an avid boater, hunter and skier.

Another Duquesne University School of Law graduate, Stephen Otto recently joined Case, DiGiamberardino & Lutz, P.C., as an associate. His undergraduate years were spent at Grove City College, earning his Bachelor of Arts degree in literature and religion. Following law school, Steve worked briefly for a prominent litigation firm in Pittsburgh and then joined Neighborhood Legal Services in Beaver County, fulfilling an ambition to help the poor. After three years, he went into solo practice until joining his current firm. Steve practices in the areas of bankruptcy, Social Security and litigation. In his spare time he likes running in Pretzel City Sports events and marathons. His 2014 resolution is to average 40 miles per week. He enjoyed playing competitive tennis in his youth and would like to take up playing again. Steve is engaged to colleague Amy B. Good.

STEPHEN OTTO

Neil R. Vestermark, associate with Rowe Law Offices, P.C., is a graduate of Hood College and Thomas M. Cooley Law School. Prior to his current employment, Neil worked for Shirk and Mejia, LLP, in Ephrata and had clerked for Judge Rosemarie Aguilina in Lansing, Michigan, while in law school. Neil is practicing family law, bankruptcy and estate planning. His hobbies are outdoor activities and going to Philadelphia sporting events, especially Phillies games. He is engaged to be married on June 19, 2015.

After serving as a law clerk to Federal District Judge William W. Caldwell for two years, Elizabeth A. Ware joined Stevens & Lee as an associate in September, practicing in its commercial litigation department.

She is a graduate of Gettysburg College and Villanova University School of Law. Liz enjoys cooking, traveling and hiking.

ELIZABETH A. WARE

Berks Barrister | 25

Law Foundation of Berks County 2013 Annual Giving Campaign The Law Foundation of Berks County’s 2013 Annual Giving Campaign is now complete. As of January 24, 2014, those listed below have graciously given to the Foundation. The Board of Trustees thanks all who have provided contributions to the Law Foundation.

Bridge Builder ($1,000 or more) Sidney & Barbara Kline Leisawitz Heller Abramowitch Phillips, P.C. Anonymous Juris ($500 to $999) John & Cathy Badal Richard A. Bausher G. Thompson Bell, III Brumbach, Mancuso & Feley P.C. Edwin H. Kershner Jack G. Mancuso (In Honor of Sidney D. Kline, Jr.) Heidi and Tom Masano (In memory of the Honorable Thomas M. Golden) Leon A. Miller (In Memory of the Honorable James W. Bertolet) Donald F. Smith, Jr. President ($250 to $499) Antanavage, Farbiarz & Antanavage, PLLC Honorable John A. & Kathleen C. Boccabella (In Memory of Frank Screpesi) John C. Bradley, Jr. Lisa M. Ciotti Karen H. Cook Bernice Hoffer Hartman Brett A. Huckabee Dan & Ellen Huyett David M. Kozloff Howard & JoAnn Lightman (In Memory of the Honorable Arthur Ed Saylor) Kenneth Millman Frederick M. Nice Jill M. Scheidt James M. Snyder Sodomsky & Nigrini John J. Speicher Honorable Albert A. Stallone (In Memory of Martin W. Binder) Terry D. Weiler

26 | Berks Barrister

Partner ($100 to $249) Frances A. Aitken, CPA Mr. & Mrs. Daniel E. P. Bausher Donald K. Bobb, Esq. (In Honor of Sidney D. Kline, Jr.) Mark S. Caltagirone, ASA, CPA/ABV Alfred W. Crump, Jr. Pamela A. DeMartino Patrick M. Donan East Penn Manufacturing Company, Inc. Brian Engelhardt (In Memory of the Honorable Calvin Smith) Linda Faye Epes David R. Eshelman Charles F. Fitzpatrick Susan E. B. Frankowski James A. Gilmartin Barry D. Groebel Joseph L. Haines Frederick K. Hatt Joanne M. Judge Herbert Karasin Robert D. Katzenmoyer Robert & Jill Gehman Koestel Honorable Scott D. Keller James M. Lillis Honorable Linda K.M. Ludgate (In Memory of David J. Batdorf) Chip Lutz Thomas Martell John J. Miravich Frederick R. Mogel Daryl F. Moyer Daniel Nevins Paul R. Ober Scott C. Painter Jesse L. Pleet James M. Polyak Rush Law Group, LLC Marc Sigal Christopher A. Spang, Esq. Bill & Kate Thornton Law Offices of Derr, Hawman and Derr Masano Architects Group, Inc. White Star Tours, Inc. Honorable Eugene F. Wisniewski Greg Young

Associate Tyler Benjamin Christ Connors Investor Services, Inc. Laura E. Cooper Matthew J. Crème, Jr. Barbara Kern Dietrich Emkey, LLC Honorable Richard E. Fehling & Marcia A. Binder (In Honor of Sidney D. Kline, Jr.) Lynn E. Feldman Alisa R. Hobart Darlington Hoopes, Jr. Jarzyna Law Office Judith L. Kline Koch and Koch Jack A. Linton Joan E. London Janice T. Loomis Alan McGlone Larry W. Miller, Jr. J. Randall Miller Robert L. Moore Elizabeth K. Morelli Kenneth Myers Amy Nieves-Febres Michael J. Noon Troy B. Rider Betty J. Schafer Peter and Mary Schuchman Susan Smith-Rife Deborah A. Sottosanti Honorable Mary Ann Ullman Michael C. Wieder Michael G. Wolfe Honorable George C. Yatron

Special Gifts in Memory of Leon Ehrlich Barley Snyder Mr. & Mrs. Paul Brass Ed & Marge Collins Great Valley Consultants Brian Engelhardt Jay A. Hiester Vivian S. Hoffman Darlington Hoopes, Jr. William G. Hornberger, Jr. Steel and Pamela Hutchinson Sidney & Barbara Kline Honorable Stephen B. Lieberman Karen Loeper Peter N. Munsing James H. Murray James S. Rothstein & Sharon M. Scullin Donald F. Smith, Jr. Timothy J. & Lisa A. Tougas Honorable George C. Yatron Joseph Zack and First Priority Bank Employees: Mary Ann Kern Karen McCullough Lynn Kuehn Dorothy Guisewhite Valerie Kern Ryan Evans Cindy Tapia Jordan Weidner Jason Shaffer Kathleen Moore Bryan Varone Beth Mayers Sandra Braukus

Leon Ehrlich

In Memoriam

Leon Ehrlich, 93, passed away on November 27, 2013. Mr. Ehrlich graduated from Reading High School in 1936 and was awarded a scholarship to the University of Pennsylvania, from where he graduated in 1940. Mr. Ehrlich began law school at the University of Pennsylvania Law School in 1940; however, his law school education was interrupted when he was drafted into the U.S. Army in 1942. He served in the U.S. Army as a field artillery officer from 1942 to 1946, seeing combat in the European Theater, earning a Bronze Star and attaining the rank of Major. After the war, Mr. Ehrlich returned to law school at the University of Pennsylvania and graduated in 1947, during which time he served several positions on the Editorial Board of the Law Review, including Editor in Chief. After law school, Mr. Ehrlich returned to Reading and completed his 6 month preceptorship under Attorney M. Bernard Hoffman. Following his preceptorship, he began practicing as a solo practitioner and continued to practice law for 60 years until he retired in 2010. In the 1950s and 1960s, Mr. Ehrlich served as Pennsylvania Deputy Attorney General and General Counsel for the Pennsylvania Department of Mines. He also served as the solicitor for the Berks County Magistrates’ Association for more than 30 years. Mr. Ehrlich had the distinction of successfully arguing an appeal before the U.S. Supreme Court in 1988. Mr. Ehrlich was one of the founders of Affinity Bank of Pennsylvania and was active in the Boy Scouts.

Mr. Ehrlich was married to the late Judge Elizabeth Ehrlich. They are survived by their children Ned Ehrlich, William Ehrlich, Steve Ehrlich and Nancy Ehrlich; and 7 grandchildren.

Hon. Calvin E. Smith The Honorable Calvin E. Smith, 86, passed away on November 28, 2013. Judge Smith graduated from Hamburg High School in 1945 and following graduation he enlisted in the U.S. Army. After his service in the Army, he attended and graduated from Franklin & Marshall College. Following college, Judge Smith graduated from Duke Law School, where he served on the Editorial Board and became the Business Manager of the Duke Bar Journal. In 1954, Judge Smith was admitted to practice before the Berks County Court of Common Pleas.

Judge Smith later became a partner in the law firm of Stevens & Lee. During his time as an attorney, he was designated the Berks County Bar Historian, writing Berks County Bench and Bar: A Commentary and Stevens & Lee: A Memoir. In 1985, after 30 years with Stevens & Lee, Judge Smith was elected as a Judge of the Court of Common Pleas of Berks County.

He served as a judge from 1986 to 1996 and on January 1, 1996, he was appointed a Senior Judge. He was a member of St. John’s (Hains) U.C.C., where he served as solicitor, historian, member of the consistory, deacon and elder. He is survived by his wife, Jacqueline Smith; his three children, Cynthia L. Spotswood, Calvin M. Smith and Rev. Cabot M. Smith; 5 grandchildren; and a step-granddaughter.

David J. Batdorf David J. Batdorf, 86, passed away on December 15, 2013. Mr. Batdorf was a 1945 graduate of West Reading High School and a 1951 graduate from Wesleyan University with a degree in Political Science. In 1954, Mr. Batdorf graduated from the University of Tennessee Law School, where he served as President of the Student Bar Association from 1953 to 1954. Mr. Batdorf served in the U.S. Army in Germany, attaining the rank of Tech Sergeant. Mr. Batdorf practiced law in Berks County for 50 years with offices in Bernville and Shillington. He also served as the Deputy Attorney General from 1973 to 1976 in the role of Chief Counsel of the Revenue Department. Mr. Batdorf was active in politics as he organized the Berks County Young Democrats in 1956 and served as President thereof in 1956, 1957 and 1959. He was also a delegate to the National Democratic Convention in 1960. He also served as the Berks County Democratic County Chairman from 1974 to 1976. Mr. Batdorf held numerous appointments and board positions, which included: Berks County Planning Commission 1977–1986; Berks County Industrial Development Authority 1979–1987; Interim County Commissioner 1987–1988; Kutztown University Board of Trustees 1988–1993; and Board of Directors of Grafika Commercial Arts, Inc. 1963–1977. After he retired in 2003, he worked to raise funds for Alvernia College. Mr. Batdorf graciously sponsored the Batdorf Room at the Berks County Bar Association. Mr. Batdorf is survived by his wife Carol Batdorf; his children, David J. Batdorf, Jonathan B. Batdorf, Esquire, and Rebecca Batdorf-Stone; 3 grandchildren and 2 great-grandchildren.

Berks Barrister | 27

HOLIDAY RECEPTION The theme for the 2013 Holiday Reception was “The Great Gatsby and Roaring 1920s.” The caterer, Bravo for Rose, did an outstanding job, as always. Some members really enjoyed dressing in themestyle—flapper attire, gangster pinstripes, hats and tuxedos. A lot of fun!

Would not be the “Roaring ‘20s” without some beverage

Sara Haines

Senior Judge Ludgate, Jestyn Payne, Richard Grimes and Robert Giering A welcome to the 1920s by the Bar Staff: Paula, Karen and Andrea

Treasurer Eden Bucher, 2013 President Gene Orlando, John Grenko, Jim Polyak and Past President Chuck Phillips

Ed Houseman and Jim Rothstein

28 | Berks Barrister

Max and Fred Nice with Andrew Onwudinjo

Judge Bucci, Dennis Skayhan, Board Director George Gonzalez and Jonathan Kurland

Dan Nevins and Konrad Jarzyna

Carl Mantz and Toby Mendelsohn

Matt Setley, Mike Wieder and Craig Hirneisen

Eleni Geishauser and Retired Judge Albert Stallone

Jennifer Grimes and Greg Ghen

David Miller, Valeen Hykes and Anna Ferguson

Kurt Althouse and James Mancuso

Foundation Trustee Debbie Sottosanti, Stacey Scrivani, Julie Ravis, Sam Cortes and Todd Cook

2013 Immediate Past President Fred Hatt, Tim Bitting, Jay Tract and Miguel Debon

Foundation Trustee John Miravich and BCBA and Foundation Past President Jim Snyder

Val West, Judy Kline and Katie Zimmermann

Walt Frankowski, Paul Herbein and Past President Lisa Ciotti

Kevin Howard and Chris Mandracchia

Jay Gatsby and Daisy Buchanan, a/k/a Bankruptcy Judge Richard Fehling and Past President Jill Scheidt

Steve Gring and Barrister Journalist Brian Engelhardt

Berks Barrister | 29

Amy and Igor Litvinov with Sarah Black

Barrie Gehrlein and Mickey Restrepo

Board Director Karen Cook enjoyed playing the part of Daisy’s sidekick

Judge Lash and Dan Degler

2013 YLS President Justin Bodor, Chris Connard, Jesse Leisawitz and Ben Leisawitz

Liz Ebner, Judge Rowley, Judge Keller and Lauren Marks

Dan Emkey, Past President Joe Antanavage and Jason Waterloo

Jacob Gurwitz and David Crossett

Abe Cepeda, Gabby Raful and Ben Nevius

Colleen Dugan, Amy Rothermel and Linda Epes

Phil Edwards, Judge Schmehl and John Goldstan

Right out of the Twenties, BCBA Secretary Jim Smith The caterering staff, including Flappers Rose and Lali, served up a great atmosphere to go with the great food

Andrew George, Eric Fabrizio and Ken Millman

30 | Berks Barrister

Paul Missan and Curtis Barnes

Holiday Luncheon Benefiting Law Foundation was A Rousing Success!

KOZLOFF STOUDT TABLE (clockwise from left): Dave Kozloff, Joan London, BCBA Director Peter Schuchman, Jim Lillis, Brian Boland, Dan Becker, Jeff Elliott and Rick Long

Chris Hartman and Mark Yoder checking out the raffle auction items

Dan Rabenold hoping to complete his holiday shopping for his father in a rather inexpensive manner

Law Foundation Trustee and BCBA Past President Ed Stock, John Muir and Alan Miller

Rob Levengood and Past BCBA and Law Foundation President, Terry Weiler

Ben Nevius—winner of the drawing for the iPad Air!

LH GANG (clockwise from front-left): BCBA Past President Chuck Phillips, Ben Leisawitz, Allen Shollenberger, Bill Blumer, Thad Gelsinger, Ken Millman and Kevin Moore

Berks Barrister | 31

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• We’ll determine the financial impact of healthcare reform to your organization.

We’ll steer you in the right direction and help you implement your company’s health care reform strategy.

610-685-1790 | www.pkbenefits.com | 999 Berkshire Blvd., Wyomissing L e a d e r s h i p | S u p p o r t | S o l u t i o n s