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contents 06 Debt that can
26 Politics In The Workplace:
eat you alive!
Avoiding The Potential Landmines
08 That Semi-Variance Yuck 10 The Healthy Leader 14 Small Mistakes, Big
28 The Eastern District of
Consequences: The Power of Assumption
18 I See You. You Matter. 20 What a slice of pumpkin
Pennsylvania Leads the Charge on Former Inmate Reintegration
30 Dazed And Confused About
Medical Marijuana And The Pa Workers’ Compensation Act
32 How do your clients view you?
pie taught me about the importance of mastering your craft.
Ask them.
24 The End of the Stretch: What to Do about the SECURE Act and Its Momentous Effects on Your Retirement Plan and Estate Plan
34 Managing The Equipment
Needs While Designing And Building A Biopharmaceutical Facility
36 Can You Avoid Being
38 Commercial Leases: The Devil Is in the Detail
42 Greater Lehigh Valley
REALTORS® Release 2019 Annual Market Report
44 Estates/Divorce and
Real Estate Simple Three Step Plan
46 Virtual work life in a new time. 48 Are You a High-Tech Company?
50 The World’s First 7 Star Hotel 52 Knowledge is Power when suffering from Hair Loss
54 Cigar Reviews
“Botched”?
•adindex 23 Alcom Printing 07 American Financial
40 First United Land Transfer 39 Fitzpatrick Lentz & Bubba
56 Anthony Limousine 22 ArtsQuest 41 ASAP Business Support
45 Greater Lehigh Valley
Network inc.
Services, Inc.
11 BMI Mergers & Acquisitions 03 Boscov's 16 Carol C. Dorey Real Estate, Inc.
09 Cornerstone 01 CREW Lehigh Valley 15 Embassy Bank 33 ESQuisite Marketing 41 European Wax Center 2
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Attorneys at Law Chamber
43 Greater Lehigh Valley Realtors
23 Historic Bethlehem Museum and Sites
27 Hoffman, Hlavac & Easterly 29 Huber, Waldron & Williams 27 John Brown & The Hatchets 49 MC IT – Technology Managed 11 Morganelli Properties 47 M.P.S. Custom Pools 19 NFP
25 Norris McLaughlin Attorneys at Law
57 & 58 Olde Homestead Golf Club
35 OneHope 37 PenTeleData 17 Punch Garage 53 Richard Kroll
Total Image Salon
05 St Luke’s OMS 21 The Barristers Club 55 Tri Outdoor 13 VIP Vacations Inc 47 Vox Tandem
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The partners of NETWORK MAGAZINE™ proudly present the latest edition of the Lehigh Valley's first ever, high end, business leader driven B2B magazine. Our goal is to continually present our readers relevant content to build your organization, from the region's top business leaders and experts on today’s industry news and trends. Our leading contributors will continue to change quarterly, sharing information that stays fresh and current. The opinions, tips, and insights on how to best navigate business pitfalls are all provided by the Lehigh Valley's best thought leaders. Our writers are un-censored giving you profound insight from their years of experience from their given field of expertise. To learn more about how you can become a part of NETWORK MAGAZINE™ as a Contributor, please contact Ray Bridgeman: ray@mynetworkmag.com, and as an Advertiser, please contact Chris Morganellli: ChrisM@mynetworkmag.com.
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Ray Bridgeman, Alai Caetano, Casey Damrose, Chris Morganelli, David Olson ART DIRECTOR Casey Damrose EDITORIAL DIRECTOR Ray Bridgeman BUSINESS EDITOR David Olson CIGAR AFICIONADO Steve Rowbottom COVER PHOTO Frank Smith EVENT PHOTOS Nicholas La Due For advertising inquiry and rates please contact Chris Morganelli 610.248.6138 or email ChrisM@MyNetworkMag.com
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All Materials © 2020 Network Magazine, LLC. NETWORK MAGAZINE™ is a trademark of Network Magazine, LLC. All rights reserved. Reproduction in part or in full is strictly prohibited. NETWORK MAGAZINE™ is a quarterly publication. The views and opinions expressed in this publication are those of the authors and do not necessarily reflect the official policy or position of NETWORK MAGAZINE™. NETWORK MAGAZINE™ assumes no responsibility for content of advertisement. No representation is made as to the accuracy hereof and is printed subject to errors and omissions.
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Debt that can eat you alive! MIRIAM ZETTLEMOYER ALLIANCE PLANNING
Have you ever thought about what your life would be like if you could eliminate all your debt? Increase your cash flow and make sure your retirement was secure? There are plenty of advisors to advise you on how to save and invest. Not many of them are talking about how to reduce or eliminate your debts. Nor are they addressing how to protect your family and secure your financial future all in the same conversation. If I could show you how to eliminate your debt, including your house in 9-years or less, would you be interested? One thing is for sure – the interest rate you pay to the banks or credit card companies can keep you stuck in that revolving debt structure, unable to keep your head above water. In the way of electronic statements and paying your bills online, I think we miss seeing our true debt number. When you get a moment, pull up one of your credit card statements and find the interest rate you are paying. Second, look for the number of years it would take to pay off your debt with just minimum monthly payments. It can be quite surprising. I know credit is necessary at times when there's an emergency, and you need to use it to buy a new refrigerator, or the furnace just went. But is it necessary when you see a sale and then just whip out your card to buy something? If you can pay it off before interest accrues, then yes, it was a great deal. As soon as interest hits the balance of that half-price sweater, jeans, or other items, then it doesn’t turn out to be such a good deal anymore. You’re not alone. Did you know that 8 in 10 Americans have debt? Student debt is the biggest bucket of debt plaguing younger Americans. So, what's the answer? Don't live, don't educate yourself, don't start a family? Unrealistic as all of these are, we are all set up in the game of life. Money needs to be spent on these life items and many other things. Life is expensive. The choices we make can chain us to debt for a good part of our life, putting off saving for the future. The key is to use your money at least twice. Banks turn 6
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over our $1 deposit 7-times to make a profit. So how do we do it? The focus must be on eliminating and reducing our debt in the most strategic way. Paying 20%+ interest on credit cards must be a thing of the past. By utilizing products that allow us to borrow our own money while still getting the benefit of dividends. Deciding to create our own bank that we can tap into and pay ourselves the interest by securing that loan. We can take loans out on our own money and then get the reward of dividends paid back to ourselves. It's no secret. Banks and other large companies have been utilizing this system for years. It is available to us but understand that not all companies or products are the same. The goal is to shift inefficient dollars into being more efficient, tax-favored, and working harder for you. Look for ways to save money in your budget, plan for the expected and unexpected, minimize debt to create additional wealth. Remember when you were younger, and you got your first real job making real money. You thought, wow, this is great! I have enough money to pay for my housing, car, insurance, food, and some leftover. But then you get to a point when it wasn't enough, so you find a different job making more money. Back to feeling like life was great. How many salary raises and job changes have gotten you to today? When will it be enough to sustain your lifestyle? Looking back to simpler times, how could I afford life then with so much less, and now I am struggling? Think about what’s changed. Try to think back to that place when life was less expensive. Maybe not all the way back to that studio or shared apartment but somewhere in the middle. You could conquer the world. Now maybe you're just trying to make it through the week. If this feels like you, there is hope. There is something we can do today to reverse where you are. Take a good look at your budget and see if there are things that you can cut today to shift into a savings program. Get a good handle on where your money is going and utilize a system or philosophy for yourself that makes you think before you swipe. Talk to an advisor that is certified in the Debt Free Life program. MyNetworkMag.com
That Semi-Variance Yuck RYAN D. WOOD, CFA PRINCIPAL & SENIOR INVESTMENT ANALYST CORNERSTONE ADVISORS ASSET MANAGEMENT, LLC
Few people have fond memories of statistics class. From complicated formulas to confusing interpretations, for most, stats class was a hurdle to a diploma and an exercise in memorization followed by an immediate flushing sound. A colleague once told me that if I ever find myself using the statistical term semi-variance with a prospective client, I should consider the prospect lost.
the coming quarters. If it worsens, prolonged decreases in supply and demand could lead to a global slowdown, or worse, recession. Most importantly, unlike a financial crisis that can be combatted by central bank tools, the Fed cannot stop a pandemic. It is hard to see how lower interest rates, or another round of quantitative easing could stop the spread of a virus and stimulate economic activity.
I get it. Technical talk isn’t slick. Yet semi-variance is exactly what grips you when markets fall. It's why people lose sleep at night. When markets rise, the variability of that upward trend is exciting; we high five and wonder, "how high can it go?" When markets fall, the variability of the fall, that semi-variance yuck, is why you worry, wring your hands, and think about bailing on carefully planned long-term investment plans.
Back to semi-variance! Uncertainty about bad things leads to increased downside volatility and sometimes sharp market selloffs. Nobody knows how far COVID-19 will go, so markets discount equity prices. A company facing supply disruptions and a loss in demand for its products cannot be worth as much as it was before the threat of a pandemic. There are winners and losers, of course; a videoconference services company may benefit wildly from a pandemic as business travel declines.
The recent news cycle has COVID-19, better known as Coronavirus, all over it. Many attribute the equity market's February fall to it and its possible reaches. A pandemic has broad implications for global supply and demand. Economic activity requires people to create and consume; pandemics limit both sides of that equation. The Toyota Production System was popularized in the 1970s. More commonly known as just-in-time manufacturing (JIT), it relies on steady production, high-quality output, and a reliable supply chain. Building large inventories just-in-case is no longer necessary. The spread of COVID-19 or any other pandemic puts JIT at risk, making supply chains unreliable. Moreover, China's importance in supply chains is unquestionable. That a China originated epidemic could progress to a global pandemic means even less reliability in global supply. On the demand side, the spread of COVID-19 curbs consumption. Empty streets in Wuhan, a city roughly the size of New York City, are a visual reminder of how quickly demand can dry up. So, what, you might ask. Order out, have it delivered! Recall that those services may not be as reliable as they once were because supply has been disrupted. All of this can lead to at best a delay and, at worst, destruction of demand. If COVID-19 is contained, these problems largely subside, and delayed demand likely reappears in 8
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What’s worse about falling markets today is we are not behaviorally conditioned for it. The S&P 500 has been up in nine of the last ten years, averaging 13.6% per year at the end of 2019. We must remind ourselves that times of uncertainty require buckling your chinstrap, evaluating your situation, and riding out periods of trouble. Since the beginning of time, a million news articles could have been extrapolated to forecast the end of the world, yet here we are. In virtually all aspects of life, rash decisions do not translate into long term success. There are scarier things out there than COVID-19; they just aren't at the forefront of the news. This is not a doomsday note but rather a reminder that when your investment account value falls, your emotions should never be your first defense. Whether or not a pandemic ensues, your long-term investment plan should still allow you to sleep at night without worrying about the day-to-day fluctuations in the market – because if it's not one thing, it's sure to be another. Past performance is no guarantee of future results. Securities offered through M Holdings Securities, Inc., a Registered Broker/Dealer, Member FINRA/SIPC. Investment Advisory Services offered through Cornerstone Advisors Asset Management, LLC, which is independently owned and operated. 2978944.1 MyNetworkMag.com
610-694-0900 cornerstone-companies.com
Insight. Influence. Integrity.
Securities offered through M Holdings Securities, Inc., a Registered Broker/Dealer, Member FINRA/SIPC Investment Advisory Services offered through Cornerstone Advisors Asset Management, LLC which is independently owned and operated. 2266785.1.
The Healthy Leader BRAD A. MODRICH, FOUNDER CONFLICT There are two things that I absolutely love. Health & Leadership. I started out in the health club industry as a certified personal trainer over 20 years ago. Then over time, I became an executive for a national health club chain and oversaw up to 25 full-service health clubs. So, it's safe to say that I am extremely knowledgeable and passionate about these two topics and, more importantly, would like you to understand how they both work synergistically together. Being healthy should be a priority to everyone, not just leaders. However, I’ve seen leaders struggle with health time and time again. Because of their busy work schedules, leaders frequently fail to take care of their health. Their focus has been on taking care of business and running it successfully. This leaves little time to look at their health. And yet being healthy is crucial to being a great leader. Your health impacts all areas of your life. Unhealthy lifestyle choices bring down the quality of your life and hurts your ability to lead. When you’re unhealthy, there is a ripple effect of things that will affect your ability to lead in a negative way. You might lack the energy to get through the day. Your mental clarity becomes clouded, and you struggle to focus on critical tasks. The length of your life could be shortened. This will impact your ability to leave a lasting legacy. Those you lead may not be willing to follow you because you have been unable to take care of yourself. These are but a few of the effects of being unhealthy. Being unhealthy simply makes it a struggle to get the job done at an optimum level. Leaders are especially vulnerable to stress. Often leaders put others first and sacrifice their own wellbeing in the process. That’s not a recipe for long-term success and often results in failure. Leadership is fundamentally about being able to set a vision and persist over the long run as you lead yourself and others to take on big challenges and work toward the finish line, so it seems like making health a priority would 10
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be a no-brainer, right? I mean, it’s pretty obvious that taking care of ourselves affects our energy levels and stamina in the long run. However, in my 20 plus years of being in the health club industry, this is the one aspect of personal excellence that so many leaders are most likely to struggle with—and this is true across industries, types of organizations, and roles. As the work piles up, self-care often takes a back seat to other more “pressing” priorities, which almost never leads to good outcomes in the long run. More often than not, leaders who don't prioritize their health either become unbearable to work with because they're dehydrated, or tired, or stressed, or "hangry"—or they start to get sick. I've worked with people who've developed diabetes, pre-diabetes, and even heart disease because they've put work ahead of their health. I've also known people who've gained or lost too much weight because of work and even someone who eventually had an aneurism. I'm not saying that there weren't other factors that played a role in some of these cases, but all of these examples are of people who put work ahead of self-care, and I think they (and their teams and organizations) suffered for it. After seeing this pattern of behavior and outcomes over and over again, it became clear to me that managing your health is a key component of being an effective human being and a successful leader. Leadership today requires a 24/7 commitment, which requires a great deal of physical stamina and energy. It also calls for more: An understanding of the intricate relationship between mind and body and how they work together. To keep going, you need a smart, tailored health and wellness program that allows you to maintain your stamina and lead a balanced life. I hope I was able to connect the dots on the importance of a leader’s health and the direct connection of their ability to be an effective leader. Leadership is influence. So, influence yourself to take action and start living a healthy life, so you can have a greater impact as a leader. MyNetworkMag.com
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NETWORK MAGAZINE™ Winter 2020 Release Party at Miller Symphony Hall PHOTOS BY Nicholas La Due
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Small Mistakes, Big Consequences: The Power of Assumption ANNE CORLEY BAUM, LEHIGH VALLEY EXECUTIVE AND VICE PRESIDENT CAPITAL BLUECROSS
For this inaugural installment of Small Mistakes, Big Consequences, my goal is to take on and raise awareness of behavior that keeps each of us from being the best possible version of ourselves. Each and every day, we interact with others with the goal of achieving something. From simple social interaction to sales or influence, our interactions generally have a purpose, and many subtle behaviors and actions keep us from executing at our highest level. This series is designed to raise awareness of these behaviors while providing tips and solutions on how to overcome and work around these self-induced barriers. Let’s start with assumption…not assumption in the biblical sense but making assumptions or assuming something and using that assumption as a basis of fact in the decisionmaking process. Here's the definition, according to Dictionary.com:
Noun a thing that is accepted as true or as certain to happen, without proof The end of that definition epitomizes why assumptions are dangerous and why they regularly become barriers to success. When we assume something, we don't have proof that it is TRUE! It is based upon rumor, conjecture, gossip, our own personal opinion, and many other factors, but it leaves verification of the truth out of the exercise. And, each and every one of us do it every day - often to our detriment. How often do you fail to act because you assume the outcome? How often do you fail to ask a question because you assume the answer? My gut feeling tells me that the 14
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answer to both of those questions is, often, very often! So, what do we do to overcome this natural tendency? 1. As Ronald Reagan once said, “Trust, but verify” – if you think something is true and accurate; take the time to verify that it is so! Ask the actual person who can give you a reliable answer, the person about which you are making an assumption! 2. Challenge your team members when they share a collective assumption by asking: did we actually ask this person or audience this question? I have often been in meetings where we are assuming the opinion of a group of people. Yet, we haven't actually asked them their opinion in order to verify the assumption. One thing that we all learned by asking this question of each other is that many of our assumptions were actually based on our own internal assumptions that we shared with each other, and most had a longstanding foothold in our culture, so we were making decisions based on old information. Once we broke ourselves of this habit, and actually verified the real facts, we were able to make much better and more accurate decisions. And we were able to do so in a timely manner because we had opened up the conversation, and information flowed more quickly and smoothly. 3. When someone brings an issue to your attention, and they are looking for advice on how to deal with an issue, first ask if they heard or experienced the information firsthand or if they heard it from another source. If the information came from another source, it is critical to direct the person to the source that has the information to determine the real facts. Every time you receive information from another source, MyNetworkMag.com
remember that the information is delivered to you based upon the biases of that individual’s perception of the facts. It is natural for people to "spin" their perception of a conversation based on what's important to them, and by relying solely on opinion, you run the risk of missing facts that could completely change the situation. 4. Monitor yourself! Are you making decisions and forming opinions based on fact, or rumor and assumptions? What are you assuming without verifying? This is especially important in situations of conflict. Have the difficult conversation with the person who has the facts – be courageous and find out if there's simply a misunderstanding based on assumption or if there is truly an issue to resolve. You may find that many times it's the former, rather than the latter, and having the conversation to clarify only makes your relationship stronger! Assumption is a powerful enemy in our decision making. Yet, it is one that can be reduced and even eliminated by raising your awareness and the awareness of your team on the topic. Search for the truth, get the facts, have the difficult conversations, and you will be amazed at the success that will follow!
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I See You. You Matter. MICHAEL BARROVECCHIO, PRESIDENT CAPO LEADERSHIP CONSULTING
My friend recently told me about meeting his company's new CEO. He spoke excitedly as he described how this gentleman walked slowly through the office for the better part of a day, stopping at each team member's cubicle to engage them individually and learn what they were working on. Each of the more than 200 employees got some one-on-one time with their Chief Executive that day, something that none of them had experienced before, as evidenced by the buzz around the office afterward. Like the sports coach that has a customized handshake for each player, strong leaders know that every team member is a unique human being with their own set of strengths, motivations, and perspectives. To lead them in their uniqueness, you must first see them in their uniqueness. My friend’s CEO could have introduced himself to the entire team at once, which would have been easier and taken less time. But he chose instead to take the slow way. He chose instead to say to each person, “I see you. You matter.” Who was your most impactful schoolteacher? What made him or her so special? Was it their teaching expertise, or was it something else?
because the teacher had taken the time and energy to value her student and to learn about her ambitions, motivations, and fears. Through her actions, this teacher was saying, “I see you. You matter.” It has been said that people may not remember what you said. They may not remember what you did. But they WILL remember how you made them feel.
The Law of Connection Leadership expert and author John Maxwell teaches The Law of Connection, which says that Leaders Touch a Heart Before They Ask for a Hand. In order to effectively lead others, we must first connect with their hearts. Their heads will always follow. The way to lead a team is to lead a collection of individuals, each of whom provides an opportunity to connect. General Norman Schwartzkopf understood this when he said the following:
I once asked this question of one of our mastermind participants. Without hesitation, she told us about a high school math teacher that had a huge impact on her.
"I have seen competent leaders who stood in front of a platoon, and all they saw was a platoon. But great leaders stand in front of a platoon and see it as forty-four individuals, each of whom has aspirations, each of whom wants to live, each of whom wants to do good.”
What made the teacher so impactful? Was it her in-depth knowledge of mathematics? No, the impact was created
In his autobiography It Doesn’t Take a Hero, General Schwartzkopf tells of a time that he implemented The
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Law of Connection during the Persian Gulf War. He spent Christmas Day in 1990 with the men and women he was leading. "I shook hands with everyone in the line, went behind the serving counter to greet the cooks and helpers, and worked my way through the mess hall, hitting every table, wishing everyone Merry Christmas. Then I went into the second and third dining facilities and did the same thing. I came back to the first mess tent and repeated the exercise because, by this time, there was an entirely new set of faces. Then I sat down with some of the troops and had my dinner. In the course of four hours, I must have shaken four thousand hands." General Schwartzkopf was saying, “I see you. You matter.”
You’ve Got This In many ways, leadership is simple but hard. It always requires valuing people, and it always requires a heart connection with those you lead. My friend’s CEO and General Schwartzkopf both modeled some powerful leadership principles: • Leaders Go First. Take the initiative to connect. • Leaders Go to Their People. Get up and meet them where they are. • Leaders Make It About Others. Learn who they are, what they are working on, their strengths, their motivations, and their fears. And always tell them, “I see you. You matter.”
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What a slice of pumpkin pie taught me about the importance of mastering your craft. WILLIAM CHILDS, MARKETING DIRECTOR KITCHEN MAGIC
Inspiration is everywhere if you are open to it. Sometimes, it may visit you when you least expect it. It happened to me recently at a lunch meeting at a restaurant in King of Prussia, PA, called J. Al-exanders. I was meeting with Mr. Ed Harris, the Chief Marketing Officer of The Valley Forge Convention and Visitors Bureau, and an adjunct professor of marketing strategy at Saint Joseph's University. After we finished eating, Ed remarked to me that I might want to try the pumpkin pie.
Whoever made the pumpkin pie that day was no ordinary baker. They created something remarka-ble and so delicious that I couldn't stop thinking about it for months afterward. It made me think about what separates the ordinary from the extraordinary? What are the essential ingredients of success? I found a compelling answer in poet Reyna Biddy, who said this, "Trust in your craft enough to admire it, study it, perfect it, breathe it. Never stop getting better at whatever it is that you love to do."
Not wanting to disappoint Ed, I agreed. Before the pie arrived, Ed warned me that it would be the best pumpkin pie I would ever eat. A bold statement, to be sure. I mean, I trusted his judgment, but the best ever? Well, I found out how correct that statement was after I took the first bite. I immedi-ately realized that this was no ordinary pumpkin pie.
I don't think it matters if you're flipping burgers, writing screenplays, conducting orchestras, teach-ing high school science, roasting coffee, or painting houses. We all should
“Mastery
does not reside anywhere near mediocrity."
I gently put the fork down while attempting to maintain my composure. Ed looked over at me with a satisfied look, and asked, "Well, what do you think?" I had to admit, that was indeed the best pumpkin pie I have ever tasted, and I only needed one bite to realize it. Now, I believe that most people, given the proper ingredients, could probably make a decent pumpkin pie. I'm just not sure everyone could make a life-changing one. Or at least one that could make me contemplate the meaning of mastery and craft and how some of us function at levels of greatness that few ever reach.
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be following Biddy's advice. Far too many of us are content with the status quo, and I find that unfortunate. Mastery does not reside anywhere near mediocrity. Yes, you can earn a good living being average. But why would you want to? Seriously. Nobody should ever be content with average. While I can appreci-ate that not everyone is prepared to do whatever it takes to master their craft, I believe that mastery is attainable for those who work hard at it.
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There is a myriad of factors that are involved in an individual's journey to mastery, but there is one essential that is the fuel you'll need to get you to the Promised Land. Passion! Without it, you won't be able to sustain the energy and drive required for the road ahead. The ability to find your passion is really about finding your authentic self. You will also have to add in some resolve, a heaping amount of determination, equal parts optimism, and top it off with some love and bake it for 30 years. Harris knows how mastery plays a role in both education and marketing. "As educators, we should never stop learning. In fact, the power of knowledge will continue to be a key ingredient for suc-cess. Students need to remember that learning doesn't end when you receive a diploma. Whether you're marketing experiences, apparel, or even food, the best companies understand that consumers seek value and quality. When you have quality products that are unique in some way compared to the competition, it makes our job as marketers easier to craft a memorable story that connects with an audience."
I will always be grateful to those who consistently show up every day willing to put the time in, who are always looking for ways to improve their skills, and who are profoundly invested in the outcome of the service they provide or a product they make. Those who take the status quo and turn it into status whoa! They never settle for good enough, and they are always looking for ways to improve both themselves and the people they work around. If it weren't for them, the world would be a pretty average place. In that world, I would never have had the opportunity to experience how amazing a slice of pumpkin pie could taste when it's baked with mastery.
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The End of the Stretch: What to Do about the SECURE Act and Its Momentous Effects on Your Retirement Plan and Estate Plan JUDITH A. HARRIS, ESQ. NORRIS MCLAUGHLIN, P.A. The SECURE (Setting Every Community Up For Retirement Enhancement) Act, passed by Congress and made effective as of January 1, 2020, made momentous changes to the Federal Tax Code and its rules regarding distributions from retirement accounts including 401(k) and 403(b) plans, IRAs, and tax-qualified annuities (referred to in this article as “Retirement Plans”). These changes might affect you, as the owner of one or more Retirement Plans during your life, as well as the persons who inherit these accounts as the named beneficiaries of your Plan at your death. Because the Act can result in unexpected income and tax and other consequences to you and your beneficiaries, you should speak with your estate planning attorney about these changes now. In the meantime, let us review the Act's most significant changes briefly. How Will the Act Affect You as Owner? The answer is a favorable one. Among its many changes, the SECURE Act changes the age at which a Retirement Plan owner must begin taking Required Minimum Distributions (RMDs) from the Retirement Plan. Prior Federal tax law required an owner to begin taking RMDs by April 1 of the year after the year in which he or she turned 70 ½. The SECURE Act has extended this age to 72 and applies to those who turn 70 ½ in 2020 or after. This change might make a Roth IRA conversion advantageous for persons under age 72. Another change by the Act is that there is no longer an age limitation for funding traditional IRAs. Prior Federal law restricted deductible and nondeductible contributions to a traditional (non-Roth) IRA to qualifying persons under the age of 70 1/2. The SECURE Act has removed this age cap. In certain situations, this change might allow for certain additional opportunities to fund a Roth IRA. How Will the Act Affect Your Beneficiaries? The answer is … It depends. Most notably, the SECURE Act has dramatically restricted the ability of certain account holders of inherited retirement accounts to “stretch” their distributions over their life expectancy. Prior law permitted certain beneficiaries to stretch the distribution of their inherited retirement accounts over their life 24
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expectancy, thereby allowing the undistributed balance in their accounts to continue to grow tax-free. Prior law also allowed one to leave one’s retirement account to a trust which, if properly drafted to satisfy Federal tax law, could direct distributions to a beneficiary for life while also protecting such distributions from creditors of the beneficiary, and allowing the balance remaining in the account at the beneficiary’s death to be held for one’s other family members. The SECURE Act has curtailed these very favorable prior options, thereby curtailing additional years of income tax deferral and of tax-free growth. Most beneficiaries under the new Act must receive the entire amount of their inherited retirement account within 10 years of the death of the person who funded the Retirement Plan. There are, however, 5 excepted categories of designated beneficiaries to whom this new rule applies: (1) your surviving spouse, (2) your minor children (but not your grandchildren), (3) disabled individuals, (4) chronically ill individuals, and (5) individuals who are not more than 10 years younger than you. Note that on the death of the eligible designated beneficiary or the attainment of majority of a minor child, the 10-year payout rule will apply. Given the potentially complex effects of the Act on your Retirement Plans and your estate plan, what action should you and your estate planning attorney take right now? 1. Review your current beneficiary designations of each of your Retirement Plans. 2. Review your current estate plan, including your Will, any trusts you have created (either as part of your Will or as one or more independent trust documents), and your financial/legal Power of Attorney. 3. Review the projected changes to distribution and income taxation of your beneficiaries under actions 1 and 2, above, given the Act’s new rules. Are these consequences what you intended, or must you make changes to prevent unintended or unfavorable results? MyNetworkMag.com
Serving the Lehigh Valley for more than
Years Tracing our roots in the Lehigh Valley back more than 100 years, Norris McLaughlin has become the firm that individuals and businesses in the Valley turn to for their legal needs. Whether it’s a tax issue, estate planning, matrimonial, or any of our business and commercial law services, our dedicated team of attorneys have the experience to meet your needs.
Our suite of services for individuals and businesses in the Lehigh Valley includes: • Bankruptcy & Creditors’ Rights
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Politics In The Workplace: Avoiding The Potential Landmines EDWARD J. EASTERLY, ESQ. HOFFMAN HLAVAC & EASTERLY
“Let’s have a calm, rational discussion about why your political beliefs are entirely incorrect and why my beliefs are clearly correct.” A statement said recently by no one, ever. What is more likely to occur in today’s world is one party yelling “Feel the Bern” while the other party screams “Trump 2020” or “bring back Ross Perot!” While the political arguments occurring are disruptive when they occur on a bus, the grocery store, or at a family holiday, such discourse has the potential to significantly and detrimentally impact a workplace. Employers, however, struggle with what they can do to limit the possible issues which may result from employees discussing politics in the workplace. Many employers, and more impor-
“employers should develop
ers have no “First Amendment Right” to engage in such discussions while in the workplace. Additionally, employees may be disciplined by employers for statements made outside of the workplace if they have an impact on the workplace. In this regard, the First Amendment provides protection from intrusion by the federal government into an individual's free speech. The keywords in the foregoing are "intrusion by the federal government." Someone working for Target, the local manufacturing company, or a private accounting firm is generally not being employed by the “federal government.” Accordingly, if Bob in sales who works for ABC, Corp. decides he wants to put “Trump 2020” posters all over his workspace and berate his co-workers about their political beliefs, ABC, Corp. can inform Bob that he can do so at another place of employment. The same logic extends to postings that employees place on social media websites. Courts have routinely stated that an employer is free to have clients and customers who are both Republicans and Democrats. As such, if an employee posts a disparaging comment about a Democrat or a Republican, an employer can inform the employee that it needs to remove the posting or be subject to discipline. Depending on the nature of the comment or posting, an employer may be able to terminate an employee if the language is severe, profane, obscene, is of a harassing nature, or if the employee’s conduct constitutes insubordination.
internal policies and procedures which dictate how they are going to handle political discussions in the workplace" tantly employees, believe that they are free to discuss their political beliefs while at work, regardless of the problems it may cause because they have a "First Amendment Right" to engage in this behavior. While employers may permit employees to discuss politics in the workplace, employees of private employ-
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Based upon the previous, employers should develop internal policies and procedures which dictate how they are going to handle political discussions in the workplace. An internal policy should indicate that the employer encourages its employees to take an interest in politics, but specifically state that such activities should not occur in the workplace. A wellcrafted policy should also provide examples of what is and is not appropriate behavior in the workplace. It should cite to the employer's other impacted policies and procedures (e.g., an anti-harassment and discrimination policy and the employer's disciplinary policy). The policy should further state that any violation will result in disciplinary action, up to and including termination of employment. Finally, the policy should include a disclaimer that it does not prevent or prohibit employees from engaging in activities which are protected by law, specifically the National Labor Relations Act (which protects employees who are engaging in discussions about the terms and conditions of employment, such as wages or benefits, not whether the government should pay for everyone's college or build a wall).
Managers and supervisors must be provided with training on the employer’s political policies and how to handle issues when they arise. By way of example, if a supervisor overhears a political discussion, the supervisor should understand how to intervene and prevent the discussion from becoming a problem. Managers and supervisors should also be specially trained on how to consistently apply the policies of the employer. If a manager or supervisor does not apply a policy consistently, it may result in a bigger headache for an employer in the nature of a claim of discrimination. If an employer does not adopt a specific political activity policy and train managers and supervisors on the policy, any issues of “political discussions” in the workplace will be handled on a case-by-case basis, if at all, which is more likely to lead to potential liability for an employer. Regardless of whether a company's employees "Feel the Burn," believe in "No Malarkey" Joe Biden, or want "Trump 2020”, they will all agree that an employer who discriminatorily applies its policies will not receive their vote.
Hoffman Hlavac & Easterly represents private and public employers in all aspects of the employment relationship. The Firm’s clients include employers of all sizes in a broad industry range, including health care, banking, manufacturing, education, retail, hospitality, and car dealerships. HHE can help your company with all of its employment related needs and ensure that you are not the next target for an employee’s claims.
1605 North Cedar Crest Blvd., Suite 517 Allentown, PA 18104 (484) 408-6001 info@HHE-Law.com
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The Eastern District of Pennsylvania Leads the Charge on Former Inmate Reintegration TREVOR R. WALDRON AND JOHN J. WALDRON, ESQ. HUBER, WALDRON & WILLIAMS LLP
It is no secret that incarceration rates in the United States are higher than in most large western democracies. On the Federal level, high incarceration rates can be traced to sentencing guidelines, mandatory minimum sentences for drug and violent crimes, and increased plea bargaining. However, our society cannot simply value punishment without rehabilitation, because after all, those who go to prison will eventually be released and come home to our communities. This past summer, I had the privilege of working for the United States Attorney’s Office in Philadelphia, an experience I will carry with me during my professional career. This article discusses my experience with the Supervision to Aid Reentry Program (hereinafter “STAR”), a first of its kind reentry program developed by jurists and legal professionals within the Eastern District of Pennsylvania, geared toward helping former federal inmates reintegrate into society. Since its creation, the STAR Program has become a model post-release reintegration program adopted by many additional federal and state jurisdictions across the United States. In 1984, the United States Congress passed the Sentencing Reform Act, which eliminated parole for all federal defendants convicted after November 1, 1987. All federal inmates are required to serve their full sentences, which in many cases are heavier than state sentences because of sentencing guidelines and statutory minimums. Additionally, inmates do have an opportunity to earn up to 54 days per year for good behavior. Upon release, former inmates are typically placed under "supervised release" and monitored by officers of the United States Probation Office. However, recidivism rates, which are the percentage of former prisoners who are rearrested and charged with similar offenses, remained high, with many former 28
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federal inmates being sent back to prison for probation violations or convictions for new crimes. In 2007, members of bench for the Eastern District of Pennsylvania created the STAR Program, better known as Reentry Court, to help recently released federal inmates, who had served lengthy prison terms, reintegrate into the community. The program is voluntary and typically lasts for 52 weeks. The eligibility criteria include individuals with a significant risk of recidivism and/or history of violent crimes, who are Philadelphia residents. The groups, or classes, contain up to 20 participants currently on supervised release, who appear as a group every two weeks before U.S. Magistrate Judge Timothy R. Rice or Third Circuit Court of Appeals Judge L. Felipe Restrepo. The bi-weekly meetings allow the program participants to report on their progress regarding developments with employment or with their personal lives. U.S. Probation Officers, together with Federal Prosecutors, Defense Attorneys and Judges, assist participants with obtaining an education, employment, housing support, and financial literacy. The program culminates in a graduation ceremony attended by Judges of the Third Circuit Court of Appeals, U.S. District Judges (many of whom were the original sentencing judges), U.S. Magistrate Judges, Federal Prosecutors, Defense Attorneys, and most importantly, friends and family members of the graduates. From my modest experience as an aspiring attorney, it is a rare instance where a courtroom is a place of celebration, where leaders of the Pennsylvania legal community come together to ensure the post-release success of those who have duly served their time. Punishment can come in many forms, and the failure of the justice system or the community to help properly reintegrate former inmates who served their sentence punishes MyNetworkMag.com
them further and harms the legitimacy of the justice system's major tenet of rehabilitation. As citizens living within the Eastern District of Pennsylvania, we should be proud of the federal jurists and legal professionals who came together and created such an important program which addresses the struggles and barriers faced by an often neglected population: those who have served their time and now must reenter the com-
munity. Thomas Paine once said, "An avidity to punish is always dangerous to liberty . . . . He that would make his own liberty secure must guard even his enemy from oppression; for if he violates his duty, he establishes a precedent that will reach to himself."
Dazed And Confused About Medical Marijuana And The Pa Workers’ Compensation Act ABIGAIL A. GROSS, ESQ. GROSS LAW OFFICE On April 17, 2016, Governor Tom Wolf signed “The Medical Marijuana Act” (MMA) into law. That law went into effect in January 2018. While you may (or may not) agree with the use of medical marijuana, there are thousands of patients who are eagerly using their card at dispensaries across the state. Over the past two years, more than 100,000 patients have been certified, and more than 60 state-approved dispensaries have opened. So, what does the use of medical marijuana mean to an injured worker in Pennsylvania? Short answer: a lot. Under the MMA, physicians who have been certified by the Department of Health can recommend (not prescribe) medical marijuana to patients with one of 22 serious medical conditions. Several of those qualifying medical conditions – including neuropathies and severe chronic or 30
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intractable pain - are relatable to workers’ compensation claims. Notwithstanding the state legality of medical marijuana, barriers still exist in the employment arena – particularly when it comes to workers’ comp. The first issue is whether the use of medical marijuana gives an employer a viable defense to an otherwise compensable claim. Under the PA Workers’ Compensation Act, employers are responsible for injuries that occur in the course of employment. However, there are exceptions to liability. For example, if an employee was violating the law when he/ she was injured, the employer has a defense to the claim. The Act specifically cites the illegal use of drugs as one such violation of the law. Additionally, injuries that occur due to an employee’s intoxication are excluded. But if an employee has a valid medical marijuana card – what law are they violating?
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Medical marijuana legally obtained and used under the provisions of the MMA is not a violation of state law. However, marijuana, including medical marijuana, remains illegal under federal law. So, can an employer still invoke a “violation of law” defense to a Pennsylvania work injury? Probably not. Workers’ compensation is a state matter. Thus, state law should dictate whether a claimant is in violation of the law. But this may not prevent your employer from conducting a drug screen post-injury or otherwise enforcing an employment policy. After all, should you really be operating heavy equipment at a job site if you have cannabis in your system? In fact, medical marijuana must be labeled with various information and warnings, including, “This product might impair the ability to drive or operate heavy machinery.” Further complicating the issue is Pennsylvania's DUI laws, which establish that it is illegal to operate a vehicle if there is any level of a Schedule I drug in your system. This appears to be a real problem for employers that have employees driving company vehicles. Moving past marijuana use as a defense to a workers’ compensation claim, questions also exist as to whether an insurance carrier is required to pay for medical marijuana for an injured worker. Under the PA Workers’ Compensation Act, carriers are required to pay for reasonable and necessary treatment, including medication. However, marijuana is still a Schedule I drug under federal law, and carriers universally exclude medical marijuana from coverage. Section 2102 of the MMA specifically states, “Nothing in this act shall be construed to require an insurer or a health plan, whether paid for by Commonwealth funds or private funds, to provide coverage for medical marijuana.” While the PA Workers’ Compensation Act is silent as to MyNetworkMag.com
the issue of reimbursement, several other states (Arizona, Florida, and Illinois) have written into their medical marijuana laws that workers’ comp carriers are not required to reimburse workers for medical marijuana use for work injuries. Even though carriers may have a legal basis to deny payment for medical marijuana, some offer reimbursement to the injured worker. Given the current opioid crisis and the escalating costs of prescription medication, there is a financial incentive for a carrier to reimburse the modest monthly cost of a marijuana prescription. In January of this year, a New Jersey appeals court ruled that a contractor was required to reimburse a former employee for the cost of the medical marijuana that he uses to treat his incessant pain from a work-related injury. Given the addictive nature of opioids, it seems that it would benefit both the injured worker and insurance companies if the carrier would be obligated to pay for medical marijuana prescriptions. As you can see, medical marijuana is certainly a “hot topic” in the workers’ compensation arena. While insurance carriers and attorneys try to speculate on what liabilities exist, there is little guidance from the Court. Indeed, many practitioners are waiting for that seminal case to further identify the rights of the injured worker and the obligations of the employer when it comes to the interpretation of the MMA. Whatever the outcome, the focus should remain on workplace safety and advancing the humanitarian purpose of the Workers’ Compensation Act.
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How do your clients view you? Ask them. CADY DARAGO & ED MILLER, FOUNDERS ESQUISITE MARKETING
When working with clients, we often find it is obvious that they do not know if their clients are satisfied. They assume that if the client doesn't tell them about it, the client is happy and will continue to work with them. While it is a problem, it is a relatively simple one to solve. How? Ask your clients. There are several ways to do so from a simple client satisfaction survey to more in-depth client interviews. Before we get into the mechanics of surveys or interviews, it may be helpful to know why asking your clients is a good idea. BAD NEWS You will likely discover potential issues with the client, which sounds like asking them would be a bad idea. But it is better to know if there are fixable problems before the client fires you and hires a competitor. We do not think it is a client’s responsibility to bring issues to you - it is your responsibility, as the service provider, to ask. Further, there are likely others in your market to service the client giving the client plenty of choices to hire someone else. Keep your finger on their pulse, so they do not exercise other options. Without asking, you may be the last to know that there were fixable issues. OPPORTUNITIES This is your chance to uncover potential opportunities. If the client is generally satisfied, they may consider 32
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you for other services. The survey or interview should ask questions to find out what other needs the client has and who provides those services. You can also use this opportunity to make sure that the client understands the full range of services that you can provide. TESTIMONIALS Client satisfaction tools are an easy way to solicit positive client testimonials and reviews that can be used for marketing purposes. Depending on your profession, there may be compliance or ethical considerations on how you are able to use testimonials and reviews, so be careful before you implement the use of your clients' kind words! Did we convince you on why you should be talking to your clients? Okay, now, how do you go about it? As mentioned above, you can either take a survey or interview. THE SURVEY This may be a more realistic approach due to time and money concerns. There are inexpensive tools that are available for client satisfaction surveys. One example is SurveyMonkey - it is easy to use and has features to see data and measure results. It is also an email tool, so you do not have to deal with envelopes, postage, printing, and everything else that is related to post mail. MyNetworkMag.com
CLIENT INTERVIEWS If you decide to go "All-in" and do client interviews, you can uncover a lot of information and can interact with the client on a human level. As you can imagine, this takes much more time than a survey. One point to make is that a face-to-face interview may cause the client to hold back. Most people do not like confrontation or be comfortable expressing dissatisfaction. A possible solution, and probably a good idea, is to have somebody else do the interview. This other person could be a colleague, such as the top dog at your company, or there are outside agencies that can provide these services. An added benefit to this latter approach is that a third-party can ensure confidentiality if that is the client’s preference. No matter which approach makes sense for you, pick one. Start small by picking and starting with just a few key clients. This will help you focus on specifics and hone your questions. And, once you see the positive comments, you’ll be inclined to keep going. One point of caution: don’t exclude “problem” clients, or those who you think will not give you good reviews. You could save your working relationship by showing that you value them.
There is an old saying that clients do not care how much you know until they know how much you care. One way to show your level of care is to simply ask. It is key to keeping satisfied clients. Satisfied clients are loyal clients. Loyal clients will send you repeat business and refer others to you. They will also be more apt to work with you to fix problems.
ESQuisite Marketing is a professional service marketing company with a niche in the legal industry. Clients include large and small law firms, solo practitioners, certified legal nurse consultants, public speakers, financial services firms, and nonprofits in the Lehigh Valley and throughout the U.S.
Managing The Equipment Needs While Designing And Building A Biopharmaceutical Facility GREG LUNDELL, LABORATORY EQUIPMENT MANAGEMENT GENESIS
Pharmaceuticals have always been complex products commercialized after years of research and clinical trials. Launching a new drug requires identifying the root cause of a health problem, determine a strategy to counteract that problem, and execute a research and development strategy. And if a pharma company is lucky, the clinical trials show the drug is safe and effective, and they can successfully scale it up to manufacturing scale and supply it reliably to the public. That simplistic overview takes levels of development that all starts with infrastructure. The modern pharmaceutical research and development space, production facility, or quality testing laboratory is built by incorporating planning, architectural and engineering design, construction management, and execution, and equipment installation and startup. To successfully startup the equipment needed to facilitate cutting edge research into nad production of biopharmaceutical products at the end of construction, the equipment needs to be defined by the scientists who will use it before anyone ever breaks ground. The architectural, 34
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mechanical, electrical, and plumbing requirements all must be defined so the facility can be properly designed and engineered. Understanding the overall needs early in the planning phase is critical to successful construction execution, and therefore critical to the eventual installation and startup of that equipment. The process starts at concept. A new facility is being built, or a current lab needs remodeling. The researchers are excited about their new home but need direction to navigate budgetary constraints, help to pick the proper equipment and accessories for their needs, and someone to make sure this is translated to the proper quotes, purchases, and installation activities. This is where a focused group can help complex projects stay on course. The equipment management team helps translate the scientific needs of the final laboratory customer, the scientist, into the architectural and engineering requirements of the laboratory design team. For example, a researcher may need a microscope. Seemingly simple enough, it takes up some level of physical space, needs to plug into a wall for a light source, aka MyNetworkMag.com
have electrical requirements, and that’s pretty much it, right? Some microscopes, however, are highly sophisticated and require more physical space, heating and cooling, and a computer control and data capture capabilities. If the unit is used to generate data that may support a company's FDA submission, there are data integrity and IT requirements that must be met; quickly, the simple gains complexity that all needs to be thoroughly planned for. Once the equipment has been selected, and laboratory planning has been completed, i.e., there is a defined physical space and utilities on the plan for each piece, the team can help manage the installation aspects of the project. During construction activities, there are sometimes questions of utility placement; how high should this gas line be, should it be on the right or left of the instrument, how long is the cord? Ensuring there is an available resource who is knowledgeable about the equipment on hand is critical to this execution stage. Procurement is up next, and the planning and management of lead times vs. early delivery needs or lack of on-site storage are all considered. Some projects require early delivery of instrumentation that utilizes a computer in order for groups to validate the software and IT connectivity. Other projects need to rely on just in time (JIT) delivery due to the lack of storage space on site and concerns over moving sensitive equipment around a construction area.
As installation activities progress, there is the need to manage the vendor access to the construction site and the paperwork they generate. For a facility performing GMP (Good Manufacturing Practice) work, this includes specific Commissioning, Qualification, and Validation (CQV) activities aimed at ensuring there is proof positive that the equipment has been installed properly and operates correctly. Only once this has been performed and approved by all parties can the equipment, and laboratory in general, be used to perform work. By connecting all of the various stages of the development of a new laboratory, manufacturing, or quality testing facility, a firm can ensure they are handing off a fully operational project upon turnover. Genesis AEC (Architects, Engineers, Constructors) has identified the need to manage the laboratory equipment needs of our clients proactively. We have the technical staff on board to provide support throughout the project lifecycle, thereby guaranteeing project success. Genesis is committed to delivering facilities for life-saving therapies.
Can You Avoid Being “Botched”? JAN COSTA BSN, RN, OWNER JUST AESTHETIC NURSING The medical aesthetic industry is rapidly becoming one of the most sought after career choices for medical professionals. Due to the rapid growth, new cosmetic injectors are popping up on every corner. Understandably, it can be difficult to know which aesthetic professional to choose. Here are 5 tips to help you avoid being "botched."
Tip #1: Do NOT price shop! Cosmetic injectables are a luxury, not a necessity. I am the first person to use a coupon or search for the best deal in town…on toilet paper! Price shopping for aesthetic procedures can leave you with undesirable results and high out of pocket expenses to fix “botched” work. As the aesthetic field becomes more mainstream, there has been an increase in the number of treatments performed without the proper training, qualifications, or through the use of counterfeit products. Beware of deals that are too good to be true, they probably are!
Tip #2: Research! Not the encyclopedia. I love Instagram! IG, as the millennials refer to it, has been my main referral source since I began practicing 5 years ago. Instagram allows me to build an up to date, detailed portfolio highlighting pictures and videos of various procedures with thorough descriptions of my techniques and product choices. I find it helps the consumer research my work before even making the call to schedule a consultation. 90% of my business is generated through my portfolio on Instagram. Check it out @beauty_rn_jc
• “Can you explain the dosage or amount of product needed?” • “What can I expect to look like after treatment?” • If the injections are suspiciously affordable: “How are you able to offer such discounted prices?” • “What is your title and specialty?” i.e. Nurse, Doctor, Plastic Surgeon or Dermatologist
Tip #4: Credentials & Continued Education There is no doubt that education is one of the most critical ingredients for continued growth and success in any industry. In a world of ever-changing trends and technology, every qualified professional must ensure they are at the cutting edge, simply to ensure survival. In addition to obtaining a medical license, continuing education is equally as important. Due to the current lackadaisical regulations in the medical aesthetic industry, obtaining continuing education certificates can be quite difficult, expensive, and often overlooked. I have traveled to Norway, Florida, California, NYC, DC, and Maryland to learn from some of the best nurse injectors, dermatologists, and facial plastic surgeons in the world. Ask your injector what kind of training they have had. It could make all the difference in the outcome of your treatment.
Tip #5: Feel 100% confident in your decision!
Tip #3: Schedule a consultation.
I’m big on vibes! If you do not get a good vibe from the initial consultation, walk away! Do not allow anyone to treat you if you are not 100% confident in their skill as a medical aesthetic provider. If your provider cannot answer some of key questions during your consultation and educate you about what and why a product is being used, don’t do it. There are plenty of injectors out there, and it’s worth taking your time to find someone who is the right fit for your needs.
After you have done some research, it's time to schedule a consultation. A consultation is an excellent way of building a rapport with your injector. During the consultation, don't be afraid to ask questions. Here are a few important questions to ask during the initial consultation.
Ultimately, selecting any medical professional should be a personal and well-researched decision. Credentials, education, cost, and a strong portfolio are factors that should be considered when choosing a provider for cosmetic injections. As I always say, “An educated patient - is a happy patient.”
Don’t forget to compare, it may be helpful to look at a few different injectors work before making your final decision. Often, injectors will have their work on several social media outlets. So, carry out a quick search on Instagram and other social media sites to see what injector best suits your desired results.
• “Can you explain the procedure and product you are using?”
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Commercial Leases: The Devil Is in the Detail ABIGAIL M. MARTIN, ESQ. FITZPATRICK LENTZ & BUBBA, P.C.
Whether you are renting a few hundred or several hundred thousand square feet of commercial space, you should be sure to take a close look at all of the terms of your commercial lease before "signing on the dotted line In my practice as a corporate attorney, a number of leases have come across my desk where the landlord has simply changed the name of the tenant, rather than carefully draft a new lease with the new tenant’s specific business and use in mind. Below, I’ve set out just a few of the standard lease terms that can often cause issues for a commercial tenant during its lease term.
to budgeting for and managing your business’s overhead. Base/ Minimum Rent constitutes the monthly rental charge for the leased premises, most often set out on square foot per year basis. Depending on the length of a lease, it is not uncommon for it to include periodic increases in Base Rent during the lease term based on a percentage of the then-current Base Rent or the Consumer Price Index. Base Rent or Minimum Rent is so named due to the fact that it does not include the tenant’s share of other non-fixed, fluctuating costs due under the lease, or the “additional rent” or "CAM."
1. Description of the Leased Premises
Some of the fluctuating costs included in Additional Rent/CAM are common area maintenance, operating costs, utilities, real estate taxes, and insurance premiums, HVAC costs, and other administrative fees relative to the entire building, complex, or shopping center. The amount of additional rent attributed to each tenant is generally based on such tenant’s “proportionate share” of the total net rentable square footage. A careful analysis of the costs included in the Additional Rent/CAM is recommended to avoid any surprises.
It’s not uncommon for a lease to include a vague or generic description of the premises. However, as the tenant, you will want to ensure that the space described in the lease accurately reflects what you thought you were getting and what you will need to operate your business. Are you renting an entire building, a floor, or a retail kiosk in a shopping mall? Should the leased premises include additional storage, parking spaces, access to the premises? None of these items should be presumed to be included and should be specifically provided in the lease terms.
4. Termination
3. Rent and Additional Rent
One of the most contested commercial lease provisions is the termination provision. Obviously, as the tenant, you want the ability to terminate the lease early; however, most commercial leases do not include a voluntary termination option for the tenant. If your lease does not include a voluntary termination provision, you will want to make sure that the lease does include the ability to assign the lease or to sublet the premises. Whether your lease includes the ability to terminate the lease early, assign the lease or sublet the premises, you will want to thoroughly review the terms of the applicable provision to see how you would go about exercising such option. Do you need to obtain landlord consent, and, if so, how do you go about requesting such consent? Are there requirements that a replacement tenant must meet? And, most importantly, what is your liability under the lease following a termination, assignment, or sublease?
Generally, the tenant will be responsible for “base rent” or “minimum rent” and “additional rent” or “CAM” (Common Area Maintenance). Knowing what is included in each is imperative
." As with any legal contract, it is advisable to have your commercial lease reviewed by legal counsel.
2. Use Your lease should provide how you are permitted to use the leased premises. As the tenant, you will want this provision to be as broad as possible, in order to incorporate all potential uses ancillary to your intended business, and even those you may not necessarily foresee. For example, if you are operating a hair salon, you may want to include makeup and waxing services and the sale of hair and beauty products as permitted uses. Additionally, if possible, the use provision should include any "lawful use" in order to permit the expansion of your business. You will also want to carefully review any exclusive uses of the other tenants, if any, and prohibited uses, to ensure there is no overlap with your business.
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Greater Lehigh Valley REALTORS® Release 2019 Annual Market Report JUSTIN R. POREMBO, CHIEF EXECUTIVE OFFICER GREATER LEHIGH VALLEY REALTORS®
As the premier source of real estate information in the Lehigh Valley and its surrounding communities, the Greater Lehigh Valley REALTORS® (GLVR) is pleased to provide an in-depth report on the 2019 local housing market. The information that follows is an overall look at the 2019 housing market, in addition to predictions for 2020. 2019: The Year of Strong Economy, Low Unemployment Rates, Still No Inventory The 2019 housing market was fueled by the overall strength of the economy across most of the country. The stock markets reached new highs throughout the year, improving the asset bases of millions of Americans. Unemployment rates fell to 50year lows, while wages increased, creating new home buyers. Mortgage rates also declined significantly from 2018, helping to offset affordability stresses caused by the continued price appreciation. With a strong economy and low mortgage rates, buyer activity has been strong. However, most markets, including the Lehigh Valley, are being constrained by inventory levels that are still below historic norms. With supply and demand continuing to favor sellers, prices continue to rise. Locally, July saw a recordsetting Median Sales Price of $222,000. Another record broken for the Lehigh Valley was the Month’s Supply of Inventory. In December, the Month’s Supply of Inventory for Lehigh and Northampton counties came in at just 1.8 months, the lowest Months’ Supply of Inventory since GLVR began tracking statistical housing data in 1996 (Note: This record was broken in January, with the first month of 2020 tracking a Month’s Supply of Inventory of 1.6 months). In a housing market balanced between buyers and sellers, the Month’s Supply of Inventory is between six and seven months, according to the National Association of REALTORS®. This means that at December’s or January’s sales pace, it would take 1.8 or 1.6 months, respectively, to sell all the homes on the market in the Lehigh Valley.
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Digging Deeper into 2019 and the Numbers (Lehigh and Northampton counties) SALES: Pending sales increased 2.7 percent, finishing 2019 at 8,678. Closed sales were up 1.7 percent to end the year at 8,587. LISTINGS: Comparing 2019 to the prior year, the number of homes available for sale was lower by 25.4 percent. There were 1,284 active listings at the end of 2019. New listings decreased by 5.2 percent to finish the year at 10,904. INVENTORY: Inventory levels shrank 25.4 percent to finish the year at 1,284 units. This led to a Month’s Supply of Inventory that was down 25.0 percent to 1.8 months. In a housing market balanced between buyers and sellers, the Month’s Supply of Inventory is between six and seven months. PRICES: Home prices were up compared to last year. The overall median sales price increased 3.3 percent to $206,000 for the year. Single Family home prices were up 2.4 percent compared to last year, and townhouse-condo home prices were up 4.1 percent.
What to Expect in 2020 The housing market continues to remain healthy, with price gains and limited inventory being the most common threads across markets. Tight inventory continues to constrain buyer activity. New construction activity continues to improve but is still below levels required to supply the market's needs fully. As we look at 2020, we see continued low mortgage rates and a healthy economy giving a great start to housing in the new year. But in election years, we sometimes see a softening of activity that may temper the market in the second half of the year.
Full Annual Report Curious to know what else the Annual Report contains? Contact a Realtor® today for more information or for a complete market analysis. You can find a Realtor® at www.GLVR.org.
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Estates/Divorce and Real Estate
Simple Three Step Plan LISA MESZLER LYON ALT REALTY LLC
The process of inheriting an estate can be very overwhelming, as can liquidating real estate during a divorce. However, with the right team in place and the right plan, there is no need to panic. There is a tax-efficient way to dispose of real estate and still have that monthly income that all landlords love. 1.
Choosing the right team Choosing the right team to work with is probably your most important decision when dealing with liquidating real estate acquired through an estate or divorce. The death of your loved one or the end of your marriage is stressful enough. The last thing you want to do is manage the group of professionals needed to accomplish this task efficiently. Look for a team that has a proven track record of taking this process from beginning to end with the least amount of stress and effort as possible from you as the seller. Ideally, you will find a team that includes the following: real estate professional (a residential agent if it is simply a home you are selling or a commercial agent should you be dealing with a portfolio and/or any commercial properties), abstract company, attorney, and a financial advisor. Once you have your trusted team in place, let them manage this project for you.
2. Hold/Sell/1031 When you inherit real estate (or in the case of divorce, become sole owner of the asset), you will need to decide whether to hold it or sell the property/portfolio. In many cases, it may benefit you to hold the real estate as an investment piece. Should you decide this, you may want to consider hiring a property or maintenance manager to help alleviate the daily stress of being a landlord. Your team will be able to help you choose the right fit for this. Should you decide to sell, you then have another decision to make: whether to 1031 into another product or cash out and pay your capital gains tax. There is a tax-efficient way to dispose of real estate, which takes us to the next point. 3. Invest the proceeds
previously didn’t have the income to do so. There are many ways to invest your newly found income as well. This is a conversation to have with your financial advisor. b. Cash-out If you sell and cash out, you should consider choosing an investment advisor who has experience setting up a tax advantage investment plan. c. 1031 into real property Many advisors recommend doing a 1031 exchange in order to defer taxes. A 1031 exchange gets its name from Section 1031 of the U.S. Internal Revenue Code, which allows you to defer capital gains taxes when you sell an investment property and reinvest the proceeds from the sale within certain time limits in a property or properties of like kind and equal or greater value. d. DST A DST can be identified as one of your properties to invest in with a 1031 exchange. The benefits of the DST include: tax-efficient passive income, tax-deferred capital gains, and a step up in cost basis to the next generation. The DST is a great way to provide the benefits of owning real estate without the responsibilities of property management and other daily landlord tasks. At the same time, your heirs will inherit an investment portfolio that is headache-free, provides a monthly income, and substantially reduced tax liability. There are some great benefits to being a landlord, such as Income, Tax deductions, Long-term security, and Flexibility of managing an investment. However, you may find that being a landlord just doesn’t fit your lifestyle. This is where the ability to utilize the 1031 exchange into a DST may really benefit you and your financial portfolio. As stated above, this is a passive way to own real estate. It's tax-efficient, and there is a step up in income for the next generation. Allow your team to make this process as stress-free as possible.
a. Being a Landlord Now you have an extra monthly income. You can open a bank account, start to plan for retirement, go on vacations, or purchase items you
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tech
Virtual work life in a new time. JOHN CHISCA VOX TANDEM
If you walk into your office each week and clock in to get paid, then working remotely probably hasn't crossed your mind. Other than, you wish you were able to work from home some days? Many companies think about this option as something in their future, or we are not that "type of company." Sadly, that is where you are wrong! No matter what your industry is, remote access has come to the table this Spring. Thank you, Coronavirus! Thousands of employees around the world have been affected by COVID-19. It has highlighted the importance of these working capabilities. Regardless of the situation, why would you limit yourself and your company to four walls? When the sky is the limit, your head should be in the clouds! That is the "cloud." No matter what you need, a phone system, a virtual office space, cloud storage, it is available and at your fingertips today. Now more than ever, we can see how this is a vital resource to have in place regardless of what kind of business yours is. Companies who have never thought they needed a virtual office environment have been placed in a position that they never thought they would. The COVID-19 Pandemic has swept across the globe and put our country and others in quarantine. Using the Vox Tandem 3CX Unified Communications phone systems allows your employees to remain connected and available remotely, no matter where they are. In times like these, key features like the Mobile App and Free Video conferencing are just some of the ways that your company can maintain productivity while facing this type of crisis. In light of the Coronavirus, this has placed many in a situation that they have never encountered before. If you are one of the businesses that are lacking virtual capabilities, then you are scrambling to continue with productivity. Let's use this as an opportunity to reevaluate your business needs and how it communicates. Imagine this; you have a deadline next week for a monumental deal. You were scheduled to meet with your clients to pitch them on your product. Now you cannot get together because we are quarantined. Without the virtual capabilities, this deal
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would be postponed and potentially lost to someone who was able to move ahead. Since you have access to virtual features, you are going to seal the deal. All staff planning meetings can be held in virtual conferences to collaborate and put together your pitch. During this meeting, you will have access to whiteboards, PDFs, and polls, and more. It will be just like sitting in your office except, maybe you have on comfier pants. At the end of the day, you can move forward with your deal and not lose it to your competitor. Another way that virtual options are a blessing is in a school atmosphere. In the future, snow days could become a thing of the past. An educational environment taken virtually can provide children and learning adults the ability to continue their education without interruption. The virus has shut down schools across our country. Because of these virtual options, children can log in to their schools and access their curriculum and teachers. Live classrooms can be attended from anywhere. Thanks to remote access, when things like weather and pandemics cross our path, we no longer have to worry about schools closing and making up lost days through most of our summer. Instead, stay connected now and enjoy your summer. Don't lose a client because you could not be in your office, and don't let your kids' summers waste away. Working remotely is no longer the future, but the new norm. The demands for web meeting platforms have increased by 300%. As a Platinum Partner for 3CX Unified Communications business phone systems, Vox Tandem has a plan to fit all business sizes and needs. At a time when your company needs to adapt rapidly, our priority at Vox Tandem is your company's telecommunications. We are always working to stay ahead of the curve and ensure you and your company remain connected. Use this event to reevaluate your business communication needs. We welcome the opportunity to help answer any questions related to our remote working capabilities from video web conferences, to the mobile app solutions. Helping you to Stay in business while keeping your employees safe is our number one concern! Let's partner together in our new future.
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Unified Communications at a fraction of the cost. Vox Tandem is here to help! With same day turn-up available, rest assured that your company’s telecommunication need is our priority! We welcome the opportunity to help answer any questions related to our remote working capabilities . Staying in business while keeping your employees safe is your number one concern! Contact Vox Tandem, your Lehigh Valley based full service telecommunications provider! • Free Integrated Video & Voice Web Conferencing • Unlimited Phone Extensions • Deliver Faxes & Voicemail to Email
High Quality Video Conferencing
• Instant Messaging / Text chat • iOS / Android VoIP Apps – your extension anywhere • Ideal for Schools and companies with multiple offices
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tech
Are You a High-Tech Company? CHRIS MORGANELLI, CO-FOUNDER & DIRECTOR OF OPERATIONS MC IT – TECHNOLOGY MANAGED
Let's face it; being high-tech is in. Everyone wants to be a "high-tech" company. Why? It's good for business! A hightech company is relevant, on the cutting edge of growth, a place where smart people want to work, and a destination for consumers. But being high-tech is more than merely hoarding an assortment of technological devices. It is understanding how to leverage technology in a way that both improves workplace efficiency and enhances the consumer experience. For many businesses, becoming high-tech requires more than upgrading servers or implementing a new CRM, it requires a cultural transformation. In many ways, developing a technology-centric culture is about embracing change. What is change? It is about seeking and implementing strategies that increase productivity and enhance quality. Transforming organizational culture isn't easy. Many leaders want to live by the age-old adage "if it isn't broke, don't fix it." But from a technological perspective, the adage is a recipe for disaster. The world of technology is rapidly changing. And to be successful in the midst of this technological revolution, successful business leaders must create work environments that embrace and celebrate change.
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"We embrace change." Say it. It's not difficult. It's not difficult because "saying" something is easy. Culture can't be faked. Asking your colleagues to "embrace change" is not enough. It starts at the top. Today, more than ever business leaders need to walk the walk or be left behind. That means dedicating at least a modicum of time to considering how different technological tools can benefit your business. It means providing your team with both training and time to practice. And it means creating an environment where colleagues feel challenged to evolve and rewarded for their effort. As technology improves, competition for market share will become even more fierce. Successful businesses are beginning to integrate traditional business strategies with big data and complex algorithms. And the most successful business leaders are constantly asking themselves, "what's next?" But determining "what's next" requires business leaders to get up, look around, and ask some questions. When business leaders begin to inquire, when they begin to embrace change, when they lead by example- then, and only then can they consider themselves a technologycentric company. So, are you a high-tech company?
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The World’s First 7 Star Hotel JENNIFER DONCSECZ, CTIE, PRESIDENT VIP VACATIONS INC Located on a man-made island off the coast of Dubai, the Burj Al Arab is considered to be the first 7 Star resort in the world. Operated by the Jumeirah hotel chain, this stunning hotel stands at 1,053 feet tall, which makes it the fourth tallest hotel in the world. The iconic shaped hotel, which dominates the Dubai skyline and appears like a sail, cost over 1 billion dollars to erect. Built-in 1999, the Burj Al Arab has won numerous awards as the most luxurious hotel in the world. Tom Wright of WKK Architects designed this hotel. It has been compared to legendary structures like the Sydney Opera House, the Eiffel Tower, or London's Big Ben. Tom Wright used images of the Arabian sailboats, known as Dhows, as his inspiration. This all-suite hotel is full of luxurious extravagances such as a Rolls-Royce chauffeur, the 14-piece set of Hermès toiletries in every bathroom, 13-selection pillow menus, several personal butlers for each suite, and 24 karat gold everything. Each of the 202 suites contains two-floors with marble staircases and a mini office that has either a MacBook or a gold-plated iPad. There are TVs that rise from mahogany desks, and electronic remotes control the blinds, doors, music and allow you to message your butler at any time of the day. The Burj boasts a 6:1 staff to guest ratio. Notable celebrities that have frequented the Burj include Tom Cruise, David Beckham, Giorgio Armani, John Travolta, and the Kardashian’s. The Burg Al Arab has nine restaurants and bars with three Michelin class chefs. This beachfront hotel also operates an exotic aquarium and a team of marine biologists. Their Al Mahara’s restaurant features the stunning floor to ceiling aquarium and creates a unique dining atmosphere.
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This hotel has a glamorous spa as well as 4 swimming pools, 2 of which are indoor. The opulence of this hotel begins at the driveway that leads to the private island. Getting into the Burj requires a hotel reservation or a dining reservation, and security is tight. Guests dining can only arrive 30 minutes prior to their reservation, and they must leave following their meal. One of the highlights of this hotel is the high tea on the 27th floor at the Skyview Bar. Here you can see the entire Dubai coastline from the floor to ceiling windows.
The 7-star experience comes with a $2000 per night price tag for their entry priced suite, and the Royal Suite will set you back $24,000 per night.
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Knowledge is Power when suffering from Hair Loss TRISHA STRUCKE, OWNER RICHARD KROLL TOTAL IMAGE SALON AND HAIR REPLACEMENT Non-surgical Hair Replacement for Men and Women has become increasingly more popular among all age groups due to its ease of care and the undetectable appearance. Did you know approximately 35 million men and about 20 million women suffer from hair loss? Many people have a false idea of the costs associated with hair replacement services, and therefore, never take the time to speak with a specialist. There are many options available today to restore your hair within almost any budget. A client can produce a photo of a haircut or style and take a naturallooking hair system that perfectly integrates into your existing hair to create that look you want. Richard Kroll Total Image Salon has been delivering that creation to Men and Women for over 40+ years in the Lehigh Valley. The full-service salon offers two entrances for both ease and privacy. The salon offers a full range of solutions for everyone depending on the needs and circumstances at hand. Items available, but not limited to, are 100% Human and Synthetic Cranial Prosthesis, full wigs and human hair systems, Women’s Toppers, as well as a line of exclusive hair extensions designed to produce healthy hair growth. All hair replacement customers are serviced in a private back room where they can be out of the public eye. How do you know if you are a candidate for hair replacement? Typically, when you start to notice the regression of hair loss in specific areas or all over, this will raise concern 52
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for anyone. The most important thing to do is schedule a private consultation with someone who truly has the background and knowledge to deal with hair loss. This type of consultation will cover a wide range of topics from your current lifestyle, that may be attributing to the loss, or even taking a more in-depth look into your medical history. Once the root of the problem is revealed, you can then have an idea of what can be done to slow down the hair loss or to create a new look utilizing several forms of hair replacement options. Richard Kroll Total Image can custom create a look to ensure everything is undetectable and that you can still live an active lifestyle with virtually zero restrictions while living your life with more confidence. The salon specializes in all types of causes of hair loss ranging from chemotherapy & radiation patients, trichotillomania, lupus, gastric bypass surgery patients, hormonal changes, thyroid conditions, stress, burns, accident, head trauma victims and natural thinning. In most instances, depending on the cause of your hair loss, medical insurance may cover a portion of the costs associated with hair replacement. Richard Kroll Total Image also deals with pre- and postchemotherapy patients. When someone calls and needs information on purchasing a wig, they are given a private consultation where their concerns can be addressed and allows us to find the right fit for them. We customize that MyNetworkMag.com
medical wig to be as close to their hairstyle and color as they are accustomed. The salon strives and takes great pride in knowing they can get a wig to be almost an exact replica of the client’s hair prior to any radiation or chemotherapy treatments. The wigs are designed solely for the comfort and sensitivities of the scalp while giving a secure fit and maintaining a completely natural look. Another form of hair rejuvenation the salon offers is Low-Level Laser Light Therapy, or "cool laser", that effectively stimulates the scalp area and causes an in-
crease in blood flow called photo-biostimulation. There is an increase in blood circulation by 54% after only one treatment. This form of hair rejuvenation has been cleared and approved by the FDA. So, if you find yourself or someone you know in the situation of hair loss or thinning, take the first steps to schedule a consultation at Richard Kroll Total Image Salon and educate yourself on different options available to you.
The INDUSTRY LEADER in HAIR REPLACEMENT
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BEFORE AFTER
STEVE ROWBOTTOM CIGAR AFICIONADO, CIGARS INTERNATIONAL
Alec & Bradley Gatekeeper Robusto Dominican Republic
5.0” x 50
Medium
95-Rated
Ave Maria Lionheart Chancellor Nicaragua
5.9” x 60
Full
94-Rated
Nica Libre x AGANORSA Robusto Nicaragua
5.0” x 50
Medium-Full
I’ll start with this: I do not agree with Cigar Aficionado’s 91-point rating. As you can see above, I score it much higher. The dark, Ecuador wrapper is thick and chewy, offering a lovely spicysweetness to the leathery, oaky undertones produces by the Dominican and Nicaraguan tobaccos within. I find the cigar medium in strength but quite full-flavored, with a complexity that changes throughout the slow burn. Each Gatekeeper Robusto opens and ends with a blast of red pepper, bookending a smooth, balanced profile. I love the smooth, elegant profile Ave Maria delivers. I also love the bold, eventful flavors AJ Fernandez can create. Lionheart skillfully combines these two profiles inside a 60-ring Gordo that burns slow and true. I get a wealth of flavor, including coffee bean, sweet cedar, white pepper and black tobacco. At several times throughout the 60+ minute burn-time, I pick up some stone fruit nuances. All the while, the finish is long and zesty, with thick, aromatic smoke that adds to the experience.
This Nicaraguan puro puts Nicaraguan tobaccos on full display. The milk chocolate brown wrapper is smooth and oily, while the dark tobaccos beneath offer a pre-light aroma that’s both barnyard and pepper. Each Robusto I burn coats my taste buds with bitter cocoa and roasted coffee. The subtle yet long aftertaste dusts my palate with spicy notes and more cocoa. The velvety mouthfeel is enjoyable, to say the least, adding a layer of complexity that sets this cigar apart from other puros.
94-Rated
Padilla Single Batch: Barrel Proof Toro Nicaragua
6.0” x 54
Medium-Full
I’ve had a lot of Padilla cigars during my illustrious tenure as an avid cigar enthusiast, but few have burned quite like the Barrel Proof blend. The flavor profile is unique. A hearty core of flavors that are both smokey and sweet, with an oakiness that clings to the palate. The San Andres wrapper lends a dense earthiness, while the Ometepe long-fillers create a soothing strength that’s felt behind the eyes. This cigar is incredibly unique and ultimately satisfying.
93-Rated
Rocky Patel The Edge Barrel-Aged Toro Honduras
6.0” x 52
95-Rated 54
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Medium-Full
Don’t judge me for rating two cigars with barrel in the name. As a beer lover, I’m sold on anything ‘barrel.’ I’m also sold on this new Edge variety. Full-bodied and full-flavored, much of the tobacco used to craft this Habano-wrapped Honduran have been aged in bourbon barrels. The result is an elegant display of powerful flavors, including sweet oak, charred oak, leather and earth. The finish is a peppery sweetness, almost like caramel. There’s a lot going on, but it’s balanced, and I enjoy it immensely. MyNetworkMag.com
Tri Outdoor, Inc. is a locally owned and operated outdoor company specializing in static & digital billboard advertising. Nothing generates more buzz than a creatively executed outdoor campaign. It takes risk and trust in going places that may feel a bit uncomfortable. Yet, when you deliver something relevant, funny, or thought provoking, people pay attention and they tell others about it. Don’t just buy a sign, CREATE ENGAGEMENT. And don’t worry, we’ll help you!
Tri Outdoor, Inc. 1749 Red Hawk Way Bethlehem, PA 18015
610-838-8870 | trioutdoor.com
Ol
ad
Homeste de
GOLF CLUB
Come
e t a br e l e C ! s U th i w
Olde Homestead Golf Club New Tripoli, PA
Let Olde Homestead Golf Club be the backdrop for the beginning of your story together! A rustic yet elegant atmosphere will add the perfect touch to your special day, with three beautiful venues in a rustic country setting and spectacular views with vintage historical buildings.
Photography by: PhotoSynthesis Photography, Love in Life Photography, Garcia Photography
Olde Homestead Golf Club
6598 Route 309, PO Box 222 • New Tripoli, PA 18066
610.298.GOLF (4653) • www.OldeHomesteadGolfClub.com
Ol
ad
Homeste de
GOLF CLUB
your
Happily Ever After starts here...
Let Olde Homestead Golf Club be the backdrop for the beginning of your story together!
Photography by: PhotoSynthesis Photography
Olde Homestead Golf Club
6598 Route 309, PO Box 222 • New Tripoli, PA 18066
610.298.GOLF (4653) • www.OldeHomesteadGolfClub.com