Barley Snyder's 2022 Year In Review

2022 Year In Review

2023 Firm Events & Seminars

March 7

Transportation, Logistics & Trade Seminar

March 23

LendiCon Lending Conference

May 12

40th Annual Employment Law Seminar

Spring 2023

Real Estate Seminar

Fall 2023

Business Seminar Series

Food & Ag Seminar

For more information, please visit the links below or scan the QR codes with your phone’s camera. .

To learn more about our upcoming events, please visit barley.com/events Sign up for our mailing lists to receive future invitations at barley.com/newsletter-signup

Message From Our Managing Partner

Our communities have persevered through a period of nearly three years of unprecedented challenges. While it is too early to declare an end to the ongoing pandemic, to the political chaos and to the economic dislocation characteristic of this time, our region has come through these years relatively intact, powered by our neighbors’ inherent strength and community values. At Barley Snyder, we have witnessed this strength and these values firsthand in our own people, throughout our communities, and among our clients and friends.

We are in the tenth year of a strategic direction – and my tenth year as managing partner – in which we have expanded from a firm of about 60 lawyers with five offices to one of more than 120 lawyers in 11 offices, extending our reach south of the Mason Dixon line and enhancing our capacity across our footprint. Since we strongly believe

in our growth-oriented strategy, we have not “paused” it – despite the adverse business and professional milieu in which we have operated. Adhering to this path has enabled us to add new capabilities and brought us into new markets. In 2022, we made our Wyomissing expansion a success, taking on an awesome, high-achieving group of professionals.

During our decade of expansion, we have maintained, and even doubled down on, the unique community-oriented model which has succeeded for us during our 67 years in business. We are present in nine county seats or significant business centers where our team members live and become immersed as citizens, volunteers and neighbors in the communities our firm serves.

Our firm has made each of these past ten years our “best ever” by emphasizing our two main goals: to provide our clients with uninterrupted service of the highest quality and to keep our team together. We have succeeded at both of these, providing unparalleled service and smart solutions to those who depend on us, while we have adjusted to an altered work environment, avoided layoffs, and grown our team through traditional and new means at every level of the organization.

We have long believed that an organization is nothing without its people, and we remind our team members whenever we can of their value to the organization. We did not set out to be recognized as one of Central Penn Business Journal’s 120 Best Places to Work in PA, but garnering that honor in 2022 – and being the only law firm named – was a measure of the relationships we have built between the firm and our remarkable team members.

With our organization infused with energy and a shared vision, we are perfectly positioned to take care of our clients which, after all, is the reason we exist. We cherish the opportunity to be their business partners as they pursue their own journeys to success.

We could not be more pleased to be at work in this robust and resilient region we call home. We look forward to another year of shared prosperity in 2023 with our friends across our footprint and beyond.

Jeffrey D. Lobach jlobach@barley.com 717.852.4979

New Teams at Barley Snyder

As Barley Snyder continued to grow its roster of professionals, the firm also added new teams that will help leverage the talent of our attorneys to better serve clients and their unique needs.

Labor Law

The pandemic caused a major disruption in America’s labor force, leading to record-high support for labor unions. Our attorneys represent private-sector businesses and public employers in all aspects of labor law. Barley Snyder’s Labor Law team, chaired by Partner Kevin A. Moore, helps clients with creative and cost-effective solutions, including labor injunctions, labor litigation, contract interpretation, grievance handling, union avoidance training and more. Our experience appearing before the National Labor Relations Board provides us with a deep knowledge of the process in which labor issues are handled.

Land Use

From businesses and municipalities to developers and individuals, our seasoned land use team assists clients with a variety of land use planning and development matters. We help clients navigate every step of a project from application through litigation and appeals. Our attorneys have extensive experience helping with complex matters involving zoning, subdivision, stormwater and wastewater management, and land development entitlement issues and approvals in Pennsylvania and Maryland. Partner Stacey R. MacNeal leads Barley Snyder’s Land Use team comprised of 24 other attorneys.

Elder Law

Elder law attorneys represent and advocate for older adults and people with disabilities and counsel their families in a wide range of legal matters involving long-term care planning, guardianship, asset protection planning, retirement benefits, Social Security, Medicaid and veterans’ benefits eligibility. Barley Snyder’s Elder Law team helps clients navigate tough decisions that need to be made in order to protect a loved one’s medical and financial well-being. Partner William R. Blumer, who chairs the team, is a Certified Elder Law Attorney (CELA), one of approximately 65 in the state. The National Elder Law Foundation’s CELA certification is considered the gold standard among elder law and special needs practitioners.

Kevin A. Moore Labor Law Practice Chair

Stacey R. MacNeal Land Use Practice Chair

William R. Blumer Elder Law Practice Chair

New Faces at Barley Snyder

Aside from those who joined us from our affiliation with Leisawitz Heller on January 1, 2022, we welcomed eight attorneys, five paralegals and one director to Barley Snyder in 2022 and early 2023 in addition to several administrative staff members.

C orinne A. C r Awford (717) 399-4171 ccrawford@barley.com

A lexis M. d riendl (717) 399-1575 adriendl@barley.com

K A rleigh A. g A ngwer (717) 208-8828 kgangwer@barley.com

e l A ine n . h oleh A n (610) 370-8146 eholehan@barley.com

A lbert t. K eyACK , e sq . (484) 318-2485 akeyack@barley.com

J AC ob h . K iessling , e sq . (717) 208-8829 jkiessling@barley.com

b eth M. K ohl , e sq . (484) 334-8371 bkohl@barley.com

e M ily w At K ins M A rzo CK , e sq . (717) 299-4187 emarzock@barley.com

t r AC ey M C q u A id (610) 370-8153 tmcquaid@barley.com

t A sh A s toltzfus n A n K erville , e sq . (717) 208-8836 tnankerville@barley.com

C h A r MA ine e . n y MA n , e sq . (717) 299-5205 cnyman@barley.com

A lex A ndr A e . o tto , e sq . (717) 231-6626 aotto@barley.com

r AC h A el e . s h Aw , e sq . (610) 376-3665 rshaw@barley.com

J A son t. w ise Director of Technology (717) 399-1514 jwise@barley.com

I am very proud and excited to join a continuously “ growing firm that has an unmatched and strong reputation in Pennsylvania. I look forward to helping my clients along with the other valuable resources that Barley Snyder has to offer.”

- Attorney Jacob Kiessling

Firm Honors by the numbers

26 Categories we were named “Best Law Firm” by U.S. News and World Report

Named one of the 2022 Best Places to Work in PA by Central Penn Business Journal and Best Companies Group

7 Awards in the “Reader Rankings” edition of Central Penn Business Journal

» Law Firm - Business

» Law Firm - Estate Planning

» Law Firm - Intellectual Property

» Law Firm - Labor & Employment

» Law Firm - Real Estate

» Mergers & Acquisitions Advisor

» Title Company (Center Square Abstract, a subsidiary of Barley Snyder)

26 Attorneys named “Best Lawyers” by Best Lawyers in the Harrisburg Metro Area

4 Attorneys named “Lawyer of the Year” by Best Lawyers

» Partner Lauralee B. Baker (Health Care Law)

» Partner Michael J. Crocenzi (Employment Law)

» Partner Donald R. Geiter (Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law)

» Partner George C. Werner (Litigation/Construction)

15 Attorneys named “Super Lawyers” for Pennsylvania

Lauralee B. Baker

Donald R. Geiter

Michael J. Crocenzi

George C. Werner

Leadership Updates

Four new partners were elected to the firm’s partnership group effective 2023.

Lindsey M. Cook – Named Partner

Lindsey is a member of the Litigation Practice Group, representing some of the largest businesses in Maryland and Pennsylvania, both at a trial court level and before appellate courts. In 2022, she was named to Pennsylvania Super Lawyers Rising Stars. Lindsey is very involved in her community, serving on the board of directors with Childcare Consultants Inc. and the Coalition for Smart Growth. A Lancaster County native, Lindsey is devoted to residents and businesses and committed to resolving complex disputes.

Christopher A. Naylor – Named Partner and Chair of our Construction Industry Group

Christopher is a member of the Real Estate and Business practice groups, providing a breadth of experience to assist clients in the two areas of law. In his real estate practice, Chris handles a wide range of matters including counseling residential and commercial landlords and tenants, drafting leases and contracts, resolving disputes, representing clients in disputes, and more.

Kevin C. Myhre – Named Partner

Kevin is a patent attorney in the Intellectual Property Practice Group. He is involved in patent application preparation and prosecution, trademark matters, litigation support, and research and strategy development. Myhre brings real-world experience working in the engineering community as a safety manufacturer for a Philadelphia-based airline department.

Alexander Puskar – Named Partner

Alex is a member of the Business and Tax practice groups and a native of Lancaster County. He has extensive experience with mergers and acquisitions including assisting clients with the establishment, use and operation of, and acquisitions involving employee stock ownership plans. As chair of the firm’s summer associate program recruiting committee (and a former summer associate), he has helped retain legal talent at the firm and lead new generations of law students toward a successful and meaningful career.

I’m excited to join the partnership of such a well-run organization on an upward trajectory. I have had a lot of opportunities to learn and grow at Barley and, as a partner, am looking forward to continuing

“ to improve my own practice while also helping shape that experience for others. – Kevin Myhre

We announced several changes to our internal governance committees for 2023.

Dorothy L. Rund – Named Chief Operating Officer

Dorothy Rund was named Chief Operating Officer. She has been with the firm for nearly 30 years and previously served as the Chief Administrative Officer. In this new role, Dorothy will continue to work with the firm’s management committee and execute other initiatives to shape the overall operations of the firm. “It has been my honor to serve at Barley Snyder and watch our firm evolve throughout our footprint for the past three decades,” she said.

Kimberly J. Decker – Named to Management Committee

Partner Kim Decker was elected to a two-year term on the firm’s management committee which is responsible for the leadership of the firm and the achievement of its long-range goals. Kim, who served previously on the committee, chairs the firm’s Securities practice. She also serves on the board of directors for the EDC Finance Corp. of Lancaster County, the Excellence Exchange Committee for the Lancaster Chamber and in roles for other community organizations.

Eden R. Bucher – Named Chair of our newly restructured Creditors’ Rights Practice Group

Partner Eden Bucher has been named chair of the Creditors’ Rights Practice Group, focusing on foreclosures, collections, bankruptcy matters and more. She considers herself a problem solver, and her MBA degree helps her better understand the business impact of a company’s legal issues. The firm’s former Finance & Creditors’ Rights Practice Group, long led by Partner Don Geiter, was restructured into two different groups – the Creditors’ Rights Practice Group and the Finance practice – to better serve our clients’ legal needs. Geiter will lead the Finance practice, handling the negotiation, documentation, and collateralization of loan transactions.

“

We are thankful for our talented leadership team which guides our growing firm in pursuit of our strategic vision. - Managing Partner Jeff Lobach

Trendline Capital: A Unique Perspective on the M&A Market

Emerging from a global pandemic, the obstacles for business owners have grown larger than before, especially for lower middle-market businesses. Despite the difficult environment, Trendline Capital Equity Partners II, L.P. noticed many opportunities in the marketplace in 2022.

Trendline, a private equity firm based in Wyomissing, Pennsylvania, specializes in acquiring traditional manufacturing, distribution and select business-to-business service companies located primarily in Pennsylvania, New Jersey, Maryland and Delaware.

“There is no doubt that 2022 was a challenging year,” said Daniel A. Casciano, IV, one of Trendline’s managing partners. “The whole marketplace perspective was very different from the start of the year to the end of the year – the fluctuating state of the economy, optimism decreased, and interest rates increased. But we were still able to close deals thanks to our trusted relationships.”

Dan, along with fellow managing partner Carter W. Cheskey began investing together in 2006 and formed Trendline in 2018. Both Dan and Carter had prior experience owning and operating successful businesses as CEOs and COOs which helped them build their firm and connect with clients. In 2022, partner James F. McCormick joined the team bringing with him more than 20 years of experience in investment banking. According to Dan, Carter and Jim, their reputation, relatability, and dedication have attributed to Trendline’s success.

“A lot of people know our track record and we are top of mind when they have a potential deal,” said Carter. “More recently, in the last couple of years, since our funds have been active, we’ve developed a reputation of getting transactions closed.”

Dan adds that their backgrounds enable them to build a rapport with business owners, providing a unique and welcome approach. “We are able to understand business owners’ needs and concerns, figure out what they want and structure a deal accordingly,” he said.

A recent example of their success is Trendline’s strategic equity investment in Ecotech Hydro Excavation, LLC, a leading vacuum excavation company based out of Quarryville, Pennsylvania, in June 2022. The transaction involved a complex structure of four entities, one of which was a Women’s Business Enterprise (WBE). Barley Snyder attorneys Paul Mattaini and Abby Tucker were able to help Trendline create a flexible deal structure to maintain Ecotech’s WBE status.

We are able to understand business owners’ needs and concerns, figure out what they want and structure a deal accordingly.

- Dan Casciano, Managing Partner of Trendline Capital

Barley finds ways to get deals done and avoid problems by understanding what is important and what is not.

- Carter Cheskey, Managing Partner of Trendline Capital

In the course of the Ecotech transaction, the team had to be creative in order to preserve the elements of the business which had made the business successful historically. The buyer and seller transaction teams were able to work together to evaluate tax, operational, and WBE considerations in order to design a structure to maintain the value created by Ecotech’s WBE status and position the company to create additional value going forward. When tax questions came up in the days before closing, Barley was able to bring in its tax attorneys to provide practical expertise and ultimately come up with a workable structure.

“Barley is an excellent fit for the types of deals we do in terms of size and culture,” said Carter. “After working with the team at Barley over the years, they know how we operate and vice versa so it is an efficient, seamless process. Barley finds ways to get deals done and avoid problems by understanding what is important and what is not.”

In September 2022, Trendline attended the Smart Business Dealmakers Conference in Philadelphia and was a recipient of the “Dealmaker’s Award.” The event brought together hundreds of dealmakers, including middle-market CEOs, top investors and lenders and leading M&A advisors. Several Barley Snyder attorneys also attended the conference, and Paul and Abby participated in a panel discussion titled “Transition or Sell: What To Do With Your Family Business” (along with Jim from Trendline). The Trendline partners said it was “a nice feather in the cap” to gain brand recognition in its primary geography.

Trendline’s portfolio (including investments by Trendline’s predecessor, Timberline Capital Partners) have included the following companies:

In Our Community

Our professionals consistently answer the call to serve our communities. Through financial contributions and thousands of volunteer hours, we remain committed to giving back across our footprint and helping to improve the way of life.

Lancaster Chamber ‘Women in Business’ events

Women in Business (WIB) is designed to equip professional women with the knowledge, strategies, and resources needed to navigate challenges and achieve success in the workplace as well as to provide opportunities to connect with businesswomen across Lancaster County, according to the Chamber.

Partner Jennifer Craighead Carey presented at the Lancaster Chamber of Commerce’s WIB: Lattes and Leadership event in April. She discussed

her 29-year professional career as an attorney and delivered advice regarding work-life balance, setting realistic goals, and how these tactics can help leaders measure success in real-time.

Partner Jill Sebest Welch was a panelist for the Lancaster Chamber’s WIB: “We Rise” luncheon in March. Jill, who is the chair of our Employment Practice Group, was part of a presentation that discussed gender pay inequity, the wage gap for women of color and advocacy for women in the workplace.

IM ABLE Foundation

Partner Kevin Moore is actively involved with the IM ABLE Foundation based in Wyomissing which raises funds and assists individuals with all kinds of disabilities to lead a more active lifestyle. Kevin is a former board member for the foundation and frequently participates in their events.

In May, he volunteered at the 19th Annual Got the Nerve Triathlon in Mt. Gretna. The left photo depicts Kevin and another volunteer “fishing” an adaptive athlete out of the water and “firemen” carrying her to her wheelchair into the transition area to begin the bike leg of the triathlon.

In September, he volunteered at the 11th Annual IM ABLE Duathlon in Wyomissing, serving as a relay teammate of Sam Morais, the 2022 recipient of a new adaptive tricycle (right photo). A key initiative of IM ABLE is to raise funds to design and construct customized bikes and wheelchairs to assist individuals in becoming “adaptive athletes.”

Main Street Hanover

In November, attorney Daniel Frey was elected chairman of the board of directors for Main Street Hanover, Inc., a non-profit community organization that works to expand the economic capacity of its downtown area. He previously served on the board since 2018. “It has been a rewarding experience to work with other community minded individuals who have volunteered their time and efforts in carrying forward Main Street’s mission which is to offer community-based initiatives with a practical approach for the transformation of the downtown,” said Dan. “I look forward, as Chairman, to work with Main Street’s Executive Director Justine Trucksess, Development Coordinator Noël Soisson and our talented Board of Directors in carrying out Main Street’s mission.”

Jennifer pictured presenting at the WIB event in April.

The Advantage Program of York and The Pardon Project of York County

In November, attorney Katelyn Rohrbaugh joined the board of directors for the The Advantage Program of York, a youth mentorship program providing educational tools and guidance for middle and high school male students to lead successful and fulfilling lives. The Advantage Program was spearheaded by founder, Tavon Parker, who has dedicated his life to helping youth change the narrative in York County after receiving two nonviolent convictions six years ago. Katelyn previously met Tavon Parker through Leadership York. Tavon invited Katelyn to join the Advantage Program’s board in June 2022 after discussing her interest in psychology, the criminal justice system and re-entry. In October, Katelyn crossed paths again with Tavon when she participated in a legal clinic with The Pardon Project of York County through the York County Bar Association to help certain individuals

with criminal convictions apply for pardons and expungements. She was paired with Parker as a “Pardon Fellow” where he learned about his eligibility to request a pardon.

“I co-oped with the Board of Pardons during my 3L year of law school. When I heard about the expungement clinics in York, I was excited to jump in and help,” said Katelyn. “I think providing an individual with an opportunity to remove barriers for future life goals is important to building a more productive community. We had more than thirty individuals show up to the clinic looking for either an expungement, pardon or record seal. I believe if I have specialized knowledge that can help someone, I should be using it to give back.”

Making Strides Against Breast Cancer

In October, employees and their families represented the firm and participated in the 25th Annual Making Strides Against Breast Cancer of South Central PA Walk in Harrisburg. The walk raised more than $420,000 – with Barley Snyder contributing more than $3,350 to the total – which helps fund breast cancer research and patient support.

“This was my first time participating at a Making Strides event and I was blown away by the turnout of walkers and volunteers. It was also a great way to connect with my co-workers and their families. I’m thrilled that the firm supported this event and was proud to see such a strong Barley turnout.”

- Kevin Koscil, partner and board member of the American Cancer Society of South Central PA.

Working for Our Clients

At Barley Snyder, we take pride in providing our clients with quality work and unparalled service. Please see below for a glimpse of what our clients are saying about their experiences with Barley Snyder.

E.K. Bare & Sons, Inc.

Attorney EmmaRose Strohl assisted E.K. Bare & Sons, a wholesale potato supplier, with establishing a separate transportation entity, commonly referred to as a “Transco” in 2022. Helping E.K. Bare did not end with establishing their Transco, she provided support and guidance on how to make the Transco work, and she assisted in identifying and procuring necessary permitting and preparing master contracts. EmmaRose also advised how the related companies should work together to maintain separation and prepared inter-company agreements.

“E.K. Bare has worked with Barley Snyder for many years. Being a fourth-generation family business, we have relied on their team through many different business changes and ownership transitions. This last year we enjoyed working with their team to spin off a transportation company (EKB Logistics) from our core business. This helped spread our risk out and opened up new markets for transportation only services. We were grateful for their experience and guidance as we walked through this process!” - Ragen Horst, Co-owner of E.K.

Bare & Sons, Inc.

Knouse Foods, Bear Mountain Orchards and Rice Fruit Company

Knouse Foods, a grower-owned cooperative best known for its Musselman’s and Lucky Leaf fruit products, was in the market to sell one of its production facilities along with a few hundred acres of orchard land adjoining the facility. Two nearby companies in Adams County (who are members of the Knouse Foods’ cooperative) had interest in the property – Bear Mountain Orchards, a familyowned and operated fruit grower, packer and distributer, and Rice Fruit Company, a family run business that receives, stores, packages and markets fruit for local farms. Through extensive multi-party negotiations, attorney Adam Boyer was able to find an acceptable resolution that satisfied all parties and put together a master agreement of sale. The next step was completing

due diligence on the property which included an array of obstacles such as active Department of Environmental Protection permits, wastewater spray fields, an active railroad with various leases, a lagoon, various leases to off-site fruit growers and more. Following due diligence, in July 2022, Bear Mountain Orchards purchased the orchard land adjoining the plant. Barley Snyder served as escrow agent and released funds that paid for the demolition of the majority of the plant and rehabilitation of the plant site. In late summer/fall 2022, Adam assisted Bear Mountain Orchards as it navigated a subdivision of the orchard land which lies in multiple municipalities. Following demolition of the plant, the site was rehabilitated and Knouse Foods conveyed the plant site to Rice Fruit Company, while Bear Mountain Orchards also conveyed a portion of the orchard property to Rice Fruit Company. While the transaction took nearly a year and was quite complex, Adam was able to bring it to a successful close with all parties fully satisfied. Even though Adam zealously represented his clients on the other side of the table from Knouse Foods, Knouse Foods was extremely grateful and impressed with Adam’s efforts to complete this transaction where the properties will continue to be utilized in agriculture by its members for the benefit of the local community.

Adam Boyer

RIE Anthracite Products, Inc.

Attorney Michael Fox and partner David Rattigan helped cousins, Travis Rothermel and John Rothermel, expand their coal mining enterprise. The Rothermels own and operate RS&W Coal Company which operates an underground coal mine in Schuylkill County, Pennsylvania. With the assistance of Michael, David and other members of the Barley team, the Rothermels formed a new entity known as RIE Anthracite Products Inc., to purchase a nearby coal preparation plant (known informally as a “breaker”) and the 40+ acres of land on which the breaker was located. The purchase enabled the Rothermels to process RS&W’s “run of mine” raw coal into a finished coal product, enabling them to sell a finished product directly to consumers. Michael assisted them in forming new entities for the purchase, drafted and negotiated an asset purchase agreement, real estate purchase agreement, and related documents and agreements with the sellers, reviewed and negotiated the terms of bank financing for both the purchase and ongoing working capital needs, helped the Rothermels navigate Pennsylvania Department of Environmental Protection permit and bonding issues, and facilitated the closing on the asset purchase, land purchase, and bank financing. Michael was able to guide the Rothermels through the complex process and bring the transaction to a successful close. RIE Anthracite Products Inc. now produces locally sourced quality anthracite coal in standard anthracite sizes for both residential and commercial sales.

York College of Pennsylvania

Partner David Freedman – and Chair of our Higher Education Industry Group – stepped in to serve as York College of Pennsylvania’s interim Title IX coordinator last summer after its coordinator resigned. For more than six months, he served in this role, overseeing investigations, presenting at internal hearings, and updating policies to ensure Title IX compliance. Freedman was glad that he could offer his Title IX services to York College in its time of need, and

experience provided him with a unique “insider’s” perspective regarding the complex nature of Title IX compliance.

“We are incredibly

that David was able

the

grateful

to fill in as our Interim Title IX officer. His knowledge about this area of the law and the changing landscape for Title IX is tremendous, and being on campus meant that he was accessible to community members.”

- Rick Satterlee, Ph.D., Dean of Student Development and Campus Life of York College

“Mike Fox, Dave Rattigan and their team have been and will continue to be an instrumental part of helping the RIE Group grow in the anthracite industry and industrial sectors. We are very thankful to have Michael and his team working with us.”

– Travis Rothermel, Co-owner, RIE Anthracite Products, Inc.

David Freedman

Rock Lititz

It all began with the purchase of 96 acres of land in Lititz, Pennsylvania in 2013.

Studio 1 opened in 2014 and the campus at Rock Lititz is now home to the world’s largest rehearsal studio and the Rock Lititz brand has become known as a leader for rehearsal space in the live event industry. In addition to Studio 1 (52,000 square feet), the Rock Lititz campus now includes Studio 2 (opened in 2022 with 44,000 square feet), Studio A (a smaller rehearsal facility providing an affordable rehearsal space for up-and-coming artists), two multi-tenant facilities (“Pod 2” and “Pod 5” with approximately 30 tenants), a theater and a hotel, restaurant and bar.

Prior to 2021, Rock Lititz was at the forefront of the live events industry. As would be expected, the live event industry came to a sudden stop in March of 2020; in fact, the financing for Studio 2, was ready to close days prior to the shutdown of the industry. While almost all live event activity came to a halt, Rock Lititz used the industry pause to plan ahead. In addition, Rock Lititz partnered with Clair Global and Tait Towers, to manage the logistical aspects of a mass COVID-19 vaccination center located at the Park City Mall. “During the pandemic, we were able to keep building and looking ahead. So, when the live entertainment industry opened back up, we could put our foot on the gas,” said Suzi Meyer, Campus General Manager of Rock Lititz.

As a result of the forward-looking planning, the construction of Pod 5 (the second multi-tenant space on the campus) was able to proceed in 2021 and, in 2022, Studio 2 opened.

“Opening Studio 2 was huge for us and the timing was ideal. Our studios are one-of-a-kind, but we were starting to see competitors open similar spaces. Opening a second studio, along with another multi-tenant space, was really impactful. Even though competitors try to imitate us, they can’t compete,” Suzi said. Also in 2022, the campus took a step to increase sustainability by installing solar panels on Pod 2, Pod 5 and the Clair Global headquarters building (adjacent to the campus) in order to provide solar power to the campus.

Rock Lititz has no plans to slow down. In 2023, a third multitenant space, Pod 4 (with 140,000 square feet), is expected to open and Rock Lititz will be announcing plans for an educational facility (with 30,000 square feet) on campus. More growth is on the horizon. “We are constantly looking at how we can continue to set ourselves apart from our competitors and take it to the next level,” said Andrea Shirk, President and CEO of Rock Lititz. In this context, Suzi noted: “The Barley Snyder team has been instrumental in helping us achieve our goals.” That team consists of several attorneys, including Paul Mattaini , Abby Tucker , Kim Decker , Sarah Rider and Maria Di Stravolo Elliott

Based on the current pace of activity and development on the campus, the time that Andrea and Suzi, along with the industry partners of Rock Lititz, spent planning during the pandemic was certainly not lost time.

High Hotels, Ltd.

In 2022, Barley Snyder represented High Hotels, Ltd. in selling four hotels and purchasing two hotels with total purchase prices of nearly $100 million. The firm also represented High Hotels with the 1031-like-kind exchange that was completed in connection with the sale of these four hotels and the purchase of the two replacement properties. Attorneys in Barley Snyder’s Hospitality, Business, Tax and Real Estate groups worked in partnership with High Hotel’s tax and legal departments to successfully accomplish these sales, purchases, and exchange, which helped High Hotels defer long-term capital gains on the assets sold. Partner Brian Ott provided tax guidance, managing partner Jeff Lobach and paralegal Cathy Eveler assisted with the 1031 like-kind exchange while partner Derek Dissinger and attorney Jayne Katherman executed all other aspects of the transactions.

https://www.barley.com/high-hotels-innovation

“Each hotel that we transacted, presented a unique challenge or aspect that needed to be addressed and solved. Barley Snyder had in-house ability and expertise to address each circumstance which gave me the ability to remain focused on the details of the transaction versus shopping for specialized legal assistance.”

- David Aungst, President of High Hotels, Ltd.

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Banking / Regulatory Client

Partner Kim Decker and attorney Amanda Kowalski worked with a national bank client to help bring the bank into compliance with the terms of an enforcement order issued by the Office of the Comptroller of the Currency (OCC). They advised the client’s Board of Directors and senior management on all aspects of the enforcement process, represented the client in discussions with the OCC, and assisted the client with fully addressing the regulatory matters requiring attention.

United Disabilities Services Foundation

Barley Snyder’s Senior Living Industry Group completed a number of corporate transactions in 2022, including working with United Disabilities Services Foundation (UDSF) on a plan to realign its subsidiaries/divisions to enhance the organization’s ability to serve seniors and persons with disabilities. The project involved the formation of new corporate entities, nonprofit tax filings, asset transfer agreements, corporate/ tradename registrations, PA Attorney General notification, board approvals and other activities undertaken by partners Chris Churchill , Alex Snyder and Scott Landis , attorney Erica Townes , paralegal Jamie Hudson and others. The efforts were led by former UDSF board chair and Barley Snyder partner, Hon. Shawn Long, along with UDSF CEO Bill Kepner and his team.

“When we face a complex or difficult issue we always turn to Barley Snyder for counsel and advice which results in better clarity and potential solutions for resolution. As we outlined our significant reorganizational project for UDSF, we were confident that Barley Snyder would be the partner to help us through these challenges and we were right. They were thorough, efficient and very effective while also providing very good value for our organization. They continue to be a great partner for us,” said UDSF CEO Bill Kepner.

Remembering Hon. Shawn M. Long Our Former Partner and Friend

We pay tribute to our longtime former partner, Judge Shawn M. Long, who passed away in January 2023. We continue to express sincere condolences to all who knew, admired and respected Shawn including our colleagues at the Bar, our Barley Snyder team members and especially the Long family.

Kimberly J. Decker

Amanda Kowalski

Women at Barley

Our women at Barley Snyder fill many roles – they are incredible leaders, trailblazers of the industry, confidants to clients, mentors to colleagues, and stewards to the community. Approximately 63% of our employees and 71% of our administrative leadership team is female. We are proud to highlight their various efforts to support each other and to showcase some of their achievements from the past year.

(1) Partners Maria Di Stravolo Elliott and Lindsey Cook (pictured together) were selected as Central Penn Business Journal‘s 2022 Women of Influence award winners. The award honors women for their professional achievement, mentorship and community service. Winners of the award are nominated by their colleagues because their work and style of leadership inspire those around them.

(2) Director of Business Development Meghan Neff is serving as a mentor for Lancaster Chamber of Commerce’s Discovering Paths Mentor 2022-2023 Program designed to help young professionals find a successful career path through positive relationships, networking and hands-on learning. Meghan has provided one-on-one mentorship to a high school student from a local school through activities like job shadowing, special educational opportunities, and professional development. She is pictured here with her mentee.

(3) Attorney Elizabeth Melamed was named to Central Penn Business Journal’s Forty Under 40 list. The honorary list recognizes professionals 40 years of age and younger who have been successful in the central Pennsylvania area. Honorees are selected based on professional accomplishments, community service, and commitment to inspiring change. Elizabeth is pictured along with Partner Kathy Kravitz at the awards ceremony.

(4) Our women trusts & estates attorneys and paralegals – including Nancy Hughes , Emily Marzock , Nancy Holtzapple , Carol Fahnestock (pictured) and Kendall Martin (pictured) – from our Lancaster office hosted a mixer in September at Fern•ish Home. We had a variety of delicious food from C&J Catering, wine from Thorn Hill Vineyards and a flower arranging activity courtesy of Jodi Blooms. It was great to network with some of our female friends from the trusts & estates field while supporting an array of local, women-owned businesses.

(5) Attorneys Jayne Katherman (pictured) and Lindsey Cook along with Marketing & Events Manager Jennifer Mowen (pictured) attended the Women’s Business Center Organization’s September luncheon on “How to Speak the Language of Communication & Collaboration.” Barley Snyder is a proud supporter of local women organizations throughout our footprint.

Litigation Victories

Our litigators vigorously defend their clients. Here are somes examples from 2022 and early 2023.

Civil Rights

David Freedman , paralegal Amy Shirk and the Barley Snyder team represented a health care provider in a lawsuit filed against that organization by an employee who was a licensed practical nurse. The health care provider requires that all employees undergo mandatory vaccination for seasonal influenza as a condition of employment. The employee sought a religious exemption from that policy, which the health care provider suspected might not have been sincere. As a result, the employee’s requested religious exemption was denied and the employee was terminated after refusing to undergo vaccination. The employee sued the health care provider in the U.S. District Court for the Eastern District of Pennsylvania, claiming that the refusal to accommodate the claimed religious beliefs violated Title VII of the Civil Rights Act and the Pennsylvania Human Relations Act. The Barley Snyder team successfully convinced the court to grant summary judgment in favor of the health care provider, holding that (1) the employee failed to establish a sincere religious objection to the influenza vaccination, and (2) even if the objection was sincere, accommodating the religious exemption request would have imposed an undue burden on the health care provider’s patient and employee safety efforts.

Commercial

Alex Snyder , Justin Tomevi and Katelyn Rohrbaugh represented a railroad company in obtaining emergency injunctive relief against a landowner blocking the railroad company’s tracks. The railroad company had a right of way dating back to the 1800s when the railroad was first built. The landowner asserted multiple defenses including claims of abandonment and misuse. Ultimately, the York County Court of Common Pleas agreed that the railroad company had met the high burden of a preliminary injunction hearing and granted an order protecting the railroad’s continued use of the tracks.

Josh Knapp successfully represented a wholesale distributor in a complex four-day bench trial against one of its registered dealers. The trial involved two distinct lawsuits originally filed in different counties, but coordinated in one court for trial per Josh’s suggestion. The distributor client alleged contract-based claims against the dealer for seeking damages in excess of $250,000. The dealer separately asserted a combination of business tort and contract-based claims against the distributor, ultimately seeking damages in excess of $1.3 million. The cases were essentially bifurcated and heard sequentially. In the first phase of trial, Josh obtained judgment in favor of the distributor client and against the dealer for all principal amounts owed, plus pre-judgment interest and contractual attorney’s fees. In the second phase of trial, Josh successfully moved the court to dismiss the dealer’s tort claims at the close of the dealer’s affirmative case, and then secured a defense verdict on all remaining claims at the conclusion of trial.

Lauralee Baker Lindsey Cook David Freedman Josh Knapp

Paul Minnich Chris Naylor

Construction Mediation

Josh Knapp successfully represented a private school in an American Arbitration Association mediation of a fee dispute with its architect on a major construction project, ultimately helping guide the parties to an amicable resolution of all differences, and to an outcome in which all parties were pleased to the extent of mutually pledging a willingness to work with one another on future potential projects.

Employment

Justin Tomevi and Jill Sebest Welch represented a former employee of a company who was alleged to have violated a non-compete agreement and other Pennsylvania laws in preliminary injunction proceedings in the Franklin County Court of Common Pleas. The Company argued that the employee and his newly formed organization should be prevented from operating in Pennsylvania and Maryland. After a two-day preliminary injunction hearing, the Court denied the requested emergency relief seeking to bar the former employee from competing. Justin and Jill were able to impress upon the court that the elements necessary for the grant of a preliminary injunction were not met, and that the employee should not be prevented from operating his competing enterprise based on the evidence presented at the hearing.

Fiduciary

Alex Snyder , Justin Tomevi and Katelyn Rohrbaugh represented the beneficiary of a trust in a trust dispute in the Mifflin County Court of Common Pleas-Orphan’s Court Division. An individual surfaced to challenge a portion of the beneficiary’s inheritance, claiming that a common law marriage entitled the individual to a $250,000 share of that inheritance. After the individual presented his evidence in support of the common law marriage at trial, Justin convinced the court to dismiss his claims and find in favor of the beneficiary.

J. Quain represented siblings, who were beneficiaries of their recently deceased father’s estate, in an action when their father’s second wife seized control of his residence and numerous valuable antiques which the siblings stood to inherit under his will. Through complaints in the nature of replevin and ejectment, J. helped the siblings recover all of the antiques/family heirlooms and retake possession of their father’s residence.

Fraudulent Conveyance

Justin Tomevi and Lindsey Cook represented a subcontractor that had not been paid for substantial excavation work by a general contractor. Following a judgment against the general contractor, it proceeded to close its business and open another similar business to avoid paying the judgment to Barley’s client. The Barley team was successful in pursuing the new company, as well as both individual owners of the company, for the full value of the original judgment, plus punitive damages and attorney fees for fraudulent conveyance.

J. Quain Katelyn Rohrbaugh

Amy Shirk

Jill Sebest Welch

Alex Snyder

Justin Tomevi

Land Use Appeal

Paul Minnich and Chris Naylor successfully appealed a zoning notice of violation on behalf of a water utility which was cited for allegedly violating the zoning ordinance by painting lettering on an elevated water tank. Although the zoning hearing board upheld the violation, the county court of common pleas reversed the board’s decision and granted the appeal. In reversing the violation, the court agreed with legal arguments raised by Paul and Chris that the painting of the spherical water tank was not a “wall sign,” and therefore, not subject to the zoning restrictions at issue, or, even assuming such restrictions applied, the utility had established that it was entitled to a variance. As a result of the reversal, the water utility avoided considerable time and expense – and potential interruption in service to its customers – that would have ensued had the violation stood.

Medical Malpractice

In February, Lauralee Baker and the Barley Snyder team were successful in defending a cardiothoracic surgeon who performed cardiac surgery upon a patient who had been diagnosed with an age-indeterminate aortic dissection, a life threatening condition. Fortunately, no abnormalities were found. Nonetheless, the Plaintiff brought suit and alleged postoperative pain, shortness of breath and scarring. A unanimous jury verdict was returned after a five day trial in Dauphin County.

Our medical malpractice team, spearheaded by Lauralee Baker , obtained a defense verdict for a family physician in Dauphin County in December. In the case, a Plaintiff’s Decedent passed away allegedly from a retrievable Inferior Vena Cava filter that had been deployed nine years earlier following the development of a pulmonary embolism. The case commenced with 6 alternates and ended with only 12 jurors who reached a verdict supporting the family physician.

Real Estate

Lindsey Cook and Justin Tomevi represented a large homebuilder relative to a claim by a family that their child received lead poisoning as a result of certain conditions in their home. The family was seeking more than $400,000 in damages. The Barley Snyder team conducted discovery and depositions that revealed both factual and contract-based reasons why the homebuilder was not responsible for the alleged injuries. Upon filing a motion for summary judgment, the York County Court of Common Pleas dismissed the homebuilder from the case while allowing the family to pursue other defendants for any injuries.

Lindsey Cook prevailed before the Superior Court on behalf of sellers of real estate in a claim brought by the buyers after the total loss of the property’s primary structure while it was under contract. Lindsey successfully argued that because insurance proceeds had been paid to a limited liability company and not the individual sellers, the sellers had no duty to remediate the loss. While the buyers had claimed approximately $850,000 in damages, judgment was entered in the sellers’ favor and they were not required to pay any damages for the loss of the structure.

Taxation

Lindsey Cook and Justin Tomevi successfully overturned the application of a municipality’s business privilege tax on landlords within its limits. This litigation victory not only benefitted the client—negating all past years of collection of the tax and all future years—it further limited the imposition of the business privilege tax on all other local landlords.

Our deep bench of litigators has decades of experience inside and outside the courtroom. Responsive communication and careful preparation set us apart.

- Matthew Hennesy, Litigation Practice Group Chair

Barley Snyder on the Road

Our professionals are often out and about presenting at seminars and conferences as well as supporting local charity events. In 2022 and early 2023, you may have seen us at some of the outings pictured below.

Partner Justin Tomevi and Attorney Eric Ondo played in the “Without the Y Golf Outing” along with Larry Richardson and Mike Smith from the YMCA. The outing raised funds for YMCA of the Roses.

Partner Scott Kelley presented at The Chamber of Gettysburg & Adams County’s 103rd Annual Meeting in November.

Partners Kim Decker and Paul Mattaini presented at the Association of Corporate Counsel’s In-House Lawyer All Day CLE program in September. Their session was titled “ESG, DEI and Why You Should Care” and they provided insights on these trending corporate governance issues.

Barley is a supporter of ABC Keystone. The firm sponsored its Cinco de Mayo Mixer last spring. Marketing professionals Elise Pini & Hannah Rios are pictured above at our booth. In the fall, partner Maria Di Stravolo Elliott and attorneys Michael Fox & Reilly Noetzel presented at its Regional Construction Wake-up Call Series which featured five stops throughout our region.

Partner Troy Rider and Attorney Sarah Rider attended Clark Associates’ 10th Annual Derby Day which raised funds for the Clark Associates Charitable Foundation. Barley was an event sponsor. Pictured from left to right are guests Steve Leaman, Mikaela Leaman, Michael Jemison and Christina Jemison along with Sarah and Troy.

Partner Tim Dietrich and attorneys Abby Tucker & David Confer presented at the Financial Executives International Central PA Chapter dinner meeting in February 2022 talking about the global trade gridlock. James Vitez, President & CEO of KMX International, and Allan Klinge, CEO of Klinge Corporation, also presented.

Attorneys Chip Haws & Keith Mooney and Partner Kevin Moore are pictured at the 3rd Annual Whiskey Experiment fundraiser for the Reading Science Center along with the center’s Founder and President Jim Cinelli. The event, which Barley sponsored, was a huge success. Chip is a member of the center’s Board of Directors.