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WINTER 2022
CONNECTING LEADERS | CREATING BUSINESS
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NETWORK MAGAZINE™ Fall 2021 Release Party at Renaissance Hotel PHOTOS BY Vanessa Guevara
contents 06 “All I Need Is A Quick
18 New Year’s Resolutions, Health 36 Do You Have a Business
08 What Is the Pennsylvania
20 The Revolution for Evolution 22 U.S. Department of Labor
Signature” – The Benefits And Pitfalls Of E-Signing Contracts Orphans’ Court?
and Wealth
Announces Plan for New Audit
Exit Strategy?
38 Lehigh Valley Positioned Well for Continued Post-COVID Economic Growth
10 Prenups for the Every (Wo)Man Quality Assessment 40 Lessons Learned in a Leadership Laboratory 12 The Pennsylvania Home 24 Why Belong to a Credit Union? Improvement Consumer 42 Cigar Review Protection Act – A Contractor’s 26 A Lesson in Resiliency and Appreciation 44 Richard Branson Rocks Scare and the Consumer’s the Kasbah Prayer 28 Is Your Culture Dying? 46 A New Way to Taste, Learn 14 Changing Weather and 30 Entrepreneur to Investor – About, and Buy Wine is Changing Moods: the Effect of the Seasons
16 Stymied Only by Inventory,
Winter Real Estate Market Expected to be Unseasonably Hot
Full-Circle Innovation
Now Open!
32 The road to success starts with 48 MCIT + TechCure Press Release finding a great mentor.
34 The M&A Party Continues into 2022
•adindex 05 Alcom Printing 03 Anthony Limousine 41 ASAP Business Support Services, Inc.
35 BMI Mergers & Acquisitions 19 Bridgeman Strategic Concepts 23 Buckno Lisicky & Company 47 CAPTRUST 21 Cornerstone Advisors Asset Management, LLC
11 Crosson Richetti & Daigle LLC 29 First United Land Transfer 15 Fitzpatrick Lentz & Bubba
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13 GBB & Co LLP 17 Greater Lehigh Valley Realtors 07 Gross McGinley LLP 39 Herbein + Company, Inc. 33 Historic Bethlehem Museums & Sites
35 Huber, Waldron & Williams 43 John Brown & The Hatchets (Tim Harakal)
37 Lehigh Financial Group 05 MC IT 25 Members First Credit Union 33 Morganelli Properties
09 Norris McLaughlin Attorneys at Law
23 Olde Homestead Golf Club 31 Punch Garage 27 Rich Mar Florist 49 St. Luke’s OMS 11 The Barristers Club 50 Venture X Inside Front Cover Viamedia (PenTeleData)
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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 or an Advertiser, please contact Ray Bridgeman: ray@mynetworkmag.com.
PUBLISHERS
Ray Bridgeman, Alai Caetano, Casey Damrose, Chris Morganelli, David Olson ART DIRECTOR Casey Damrose EDITORIAL DIRECTOR Ray Bridgeman BUSINESS EDITOR David Olson EDITORIAL ASSOCIATE Jenn Ebert CIGAR AFICIONADO Steve Rowbottom COVER PHOTO Frank Smith EVENT PHOTOS Vanessa Guevara
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All Materials © 2022 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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“All I Need Is a Quick Signature” – The Benefits And Pitfalls Of E-Signing Contracts THOMAS E. REILLY, JR., SENIOR PARTNER, GROSS MCGINLEY, LLP
While electronic signatures have been an alternative to traditional “wet ink” signatures for over twenty years and are legal in every state, the growth in the use of e-signatures has increased exponentially as the impacts of COVID-19 accelerated the shift to remote working and the ability to sign documents from anywhere became a priority. Not surprisingly, over 66% of companies that now use e-signature have been doing so for less than two years. A “wet ink” signature (so named because the ink has to dry) is created when a person physically signs or otherwise marks a document; anything from a stylized, cursive (usually illegible) signature to an “X.” An e-signature is any form of electronic acknowledgment of a document, including a typed name at the end of an email, the image of a handwritten signature on a document sent by email or fax, a handwritten signature on a tablet or smartphone screen or a “click to accept box.” A digital signature is an e-signature made by a software program like DocuSign or DocSend, which stores the details of that signature, including a timestamp that the signature was created at a specific moment in time and has not been altered since, serving as evidence of the integrity of the e-signature. In short, while wet ink, electronic and digital signatures all bind a party to a contract, digital signatures, when used properly, have the added advantage of being more secure, easier to track, and later being better able to establish exactly when and by whom the document was signed. The biggest problem with digital signatures is not the software licenses, which, when used properly, are the best choice when using e-signature. It's that most companies that use, and in some cases require, digital signatures don’t know how to use those programs correctly, or, in some cases, maybe intentionally using the program in a way to frustrate the review of the document by appropriate parties prior to it being signed. These companies have the signing process nailed down; in many cases, the first draft of the document received requests that it be signed and returned in 24 hours. What those same companies don’t know
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how to do, or at least claim they don’t know how to do, is to send the document in a manner that allows one or more parties to first review (and with some software packages make requested changes), prior to the final version being sent to the ultimate signer. In most businesses, the people at the front line of getting contracts signed are salespeople, not lawyers. They are focused on and rewarded for getting the contract signed, not negotiated. Obtaining e-signatures on contracts has in many cases become the digital equivalent of the stereotypical salesman from the 1960-something, after a three-martini lunch, asking you to “sign on the dotted line” of the contract that he just happens to have in the breast pocket of his loud, 100% polyester, sports coat. In order to be able to take advantage of all the benefits of e-signature without falling prey to the pitfalls, every company needs to adopt and strictly enforce an e-signature policy – something I expect you did not do when you started using e-signature during the pandemic. Your e-signature policy should set forth at a minimum, a list of employees that are authorized to e-sign a document, the parties that must review that document (legal, accounting, etc.) before it can be e-signed, and a process to receive and retain fully signed copies of each e-signed document (Hint: looking for it in your email inbox when questions about the contract arise is not an appropriate method of contract retention). When a third party asks or requires you to use an e-signature, your response should be a conditional “yes” – as long as they comply with your e-signature policy. The digital equitant of the guy in the shiny sport coat on the other side of your email exchange may need to jump through a few hoops to make it happen, but they can and will do it. After all, what they really want, electronically or otherwise, is for you to sign.
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What Is the Pennsylvania Orphans’ Court? HON. EMIL GIORDANO (RET.) AND BARBARA HOLLENBACH, NORRIS MCLAUGHLIN, P.A
The following article will provide some helpful information regarding the role of the Pennsylvania Orphans’ Court. WHAT IS THE PENNSYLVANIA ORPHANS’ COURT? The purpose of the Pennsylvania Orphans' Court Division, one of three divisions of the Court of Common Pleas, is to serve and protect the personal and property rights of all persons and entities who are otherwise incapable of managing their own affairs. Though the term "orphan" has the typical connotation of a child who has lost his or her parents, the term's meaning in this context is derived from the general definition of "one who lacks protection." The Orphans' Court's jurisdiction extends to minors, incapacitated persons, decedents, trusts, principals, and agents under powers of attorney, non-profit charitable organizations, cemetery companies, inalienable property, and marriage licenses. WHAT TYPES OF CASES ARE HEARD IN ORPHANS’ COURT?
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The Pennsylvania Orphans’ Court has jurisdiction to hear any of the following types of cases: 1.
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Decedents' estates: The administration and distribution of the real and personal property of decedents' estates and the control of the decedent's burial Testamentary trusts: Matters relating to the administration and distribution of the real and personal property of testamentary trusts (trusts to be created upon one’s death) Inter Vivos trusts: Matters relating to the administration and distribution of the real and personal property of inter vivos trusts (trusts created during one’s lifetime) Minors' estates: The administration and distribution of the real and personal property of minors' estates Custodianship for minors' property: Matters relating to the custodianship of the property of minors Guardian of persons of minors: Matters relating to the appointment, control, and removal of the guardian of a minor NETWORK MAGAZINE™
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Adoptions: Matters relating to the adoption of minors Birth records: Matters relating to issues concerning recordation of birth and birth records or the alteration, amendment, or modification of such birth records or the right to obtain a certified copy of those records Incapacitated persons' estates: Matters relating to the administration and distribution of the real and personal property of the estates of incapacitated persons Absentees' and presumed decedents' estates: Matters relating to the administration and distribution of the real and personal property of absent persons and of presumed decedents Fiduciaries: Matters relating to the appointment, control, settlement of the accounts of, removal and discharge of, and allowance to and allocation of compensation among all fiduciaries of estates and trusts Specific performance of contracts: Matters relating to the enforcement of performance by either party of any agreement made by a decedent to purchase or sell real or personal property Construction of administrative power: Matters relating to the construction of an administrative power as to real estate proposed to be exercised by a fiduciary of an estate or trust Disposition of title to real estate to render it freely alienable: Matters relating to the disposition of any interest in real estate of one disabled from dealing with it when title to it has been acquired by descent or will Title to personal property: Matters relating to the adjudication of the title to personal property in the possession of the personal representative, registered in the name of the decedent or his nominee, or alleged by the personal representative to have been in the possession of the decedent at the time of his death Marriage licenses: Matters relating to obtaining marriage licenses Inheritance and estate taxes: Matters relating to inheritance and estate taxes
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Prenups for the Every (Wo)Man STEPHANIE A. KOCHER, ASSOCIATE ATTORNEY, CROSSON RICHETTI & DAIGLE LLC Kanye West may have been onto something when he had the club-goers shouting "We want prenup! (We want prenup!)” in 2009. Now, we may not all be marrying the “gold digger” from his song, but that doesn’t mean we shouldn’t consider a prenuptial agreement with our soon-to-be spouse. Often times when you ask someone in the midst of planning their wedding whether they have considered a prenup (as it is more commonly called), you get shot down with an angry retort of “why would I need to do that?!” (I know, I’ve done it before.) For many, the idea of a prenup produces a volatile reaction. There is a preconceived notion that signing a prenup means an individual doesn’t trust their partner or that they don’t believe the marriage will last. While no one wants to think that their “forever” may not last, planning for all possible outcomes of any relationship is not only practical but responsible. Not every marriage lasts forever, and it is good practice to be prepared. A prenuptial agreement or a postnuptial agreement can be a great way to save money in the event of a divorce. Often, by the time someone makes it to our offices, they harbor many different types of negative emotions towards their spouse. Logic and reasoning can fall by the wayside. Making decisions as to how you might want to split your property when you are thinking clearly, rather than emotionally can save thousands of dollars by avoiding potentially costly litigation. You don’t need to have $500,000 in the bank or three beachfront properties to have a prenup. Things the everyday couple might consider are how to plan for retirement in the event of a divorce. Will one spouse stay-at-home to raise the kids? If so, maybe you want to plan for how they will be compensated in the event of a split. You can also memorialize
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if either party will pay alimony and for how long and who will keep the marital home. Other things to consider are the family pets. In Pennsylvania, although we may call our pets our “fur babies,” they are seen as property in the eyes of the law. Have a discussion with your partner about who will take the pets in the event of a split. If neither of you can handle the pet on your own, do you have someone else in your family who will take responsibility for the animal? It is heartbreaking to see an animal returned to a shelter because their owners could not, or would not, care for them after a split. Also, take into account if there are children from a prior relationship. If so, you will want to protect any assets you plan to save for your children, such as savings or investments you have put aside for their college or property you plan to pass along to them. If you plan to have children with your spouse, you might want to protect those children from a possibly lengthy and contentious divorce. Add speaking with an attorney to your checklist as part of your wedding planning. If you are already married, consider talking with your spouse about a postnuptial agreement. As family law attorneys, we welcome the opportunity to help you plan a future for your family. Drafting an agreement does not need to be complicated or lengthy, and your attorney can tailor the agreement to your specific needs or requests (with limitations to ensure it complies with the law). Not every couple or household is the same, so it is important to talk to someone about how an agreement can work for your unique situation. Broaching this subject with your partner or spouse may be scary at first. But really, what is more romantic than a partner
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who tells you they want to potentially save you thousands of dollars in attorney’s fees should your relationship dissolve? Okay, so maybe that is just my idea of romance. You will probably need to find your own way to get past that initial fear in your partner. Maybe just remind them that as General Douglas MacArthur said, “[p]reparedness is the key to success and victory.” Explain to them that if you prepare for the worst now, you can set yourselves up for a long, successful, and happy life together.
The Pennsylvania Home Improvement Consumer Protection Act – A Contractor’s Scare and the Consumer’s Prayer CHRISTOPHER J. KALBFELL, ESQ., FITZPATRICK LENTZ & BUBBA, P.C. In the current hot real estate market, many homeowners looking to sell are conducting home improvement projects to increase the value of their homes. And with work-from-home culture becoming a permanent staple across many industries, people are improving their living and workspaces in their homes. Home improvement projects aren’t cheap, and neither are the potential consequences of a dispute between homeowner and contractor. However, home improvement contracts are given special treatment under Pennsylvania’s Home Improvement Consumer Protection Act (HICPA). True to its name, HICPA aims to protect homeowners from various fraudulent and deceptive practices by home improvement contractors. HICPA imposes strict requirements on home improvement contracts, and contractors provide additional protections to consumer homeowners and impose potentially steep penalties against home improvement contractors who fail to comply. HICPA can be both a sword and a shield for the consumer homeowner hiring someone to conduct a home improvement. While HICPA aims to protect consumer homeowners from badacting contractors, contractors who are well-versed in HICPA's requirements can avoid its pitfalls, avoid harsh penalties, and go into projects with confidence knowing their contracts are compliant. Anyone who owns or operates a home improvement business or offers performs or agrees to perform home improvements in Pennsylvania is considered a "home improvement contractor" covered by HICPA. There are two significant exceptions: small contractors (those who perform less than $5,000 of work in the previous taxable year) and large retailers (with a net worth of more than $50 million) are expressly excluded. All home improvement contractors must register with the Office of Attorney General and be assigned a home improvement contractor registration number. HICPA imposes a monetary threshold and only governs contracts for which the total cash price of all work agreed upon between the contractor and owner is more than $500. Further, the services must fall within HICPA's definition of "home improvement," which includes several categories of services such as repairs, replacements, demolition, removal, renovation, and modernization. Further, home improvements extend beyond the home itself, such as the construction improvement of swimming pools, porches, decks,
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driveways, and fences. Notably, HICPA does not cover other types of contracts, such as those for the construction of new homes or the sale of goods or materials in connection with a home improvement contract. Home improvement contracts must strictly adhere to the following specific requirements and include the following information to be valid and enforceable against homeowners: »
Must be in writing, legible, and contain the entire agreement between the parties.
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Must be signed by the homeowner or his agent and the contractor or salesperson on behalf of the contractor.
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The home improvement contractor must agree to maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage caused by the work of a home improvement contractor in an amount not less than $50,000 and identifies the current amount of insurance coverage maintained at the time of signing the contract.
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Must include the following items: •
The home improvement contractor's name, address, telephone number, and registration number.
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The names, addresses, and telephone numbers of all subcontractors on the project known at the date of signing the contract.
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The date of the transaction.
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The approximate start and completion date of the home improvement project.
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A description of the work to be performed, the materials
to be used, and a set of specifications that cannot be changed without a written change order signed by the owner and the contractor. •
The total sales price due under the contract or includes a time and materials provision wherein the contractor and owner agree in writing to the performance of the home improvement by the contractor and payment for the home improvement
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by the owner, based on time and materials (there are further requirements for a time and materials provision). •
Amount of any down payment plus any amount advanced for the purchase of special-order materials, listed separately.
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The toll-free number where the homeowner can contact the Pennsylvania Office of the Attorney General to verify the home improvement contractor’s registration.
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A notice to the homeowner that they may rescind the contract without penalty within three business days of signing the contract.
If the contract fails to comply with HICPA’s requirements, it is invalid and unenforceable against the homeowner. On the on hand, these requirements are the homeowner’s shield to a potentially fraudulent claim by a contractor. But on the other hand, a contractor who understands these requirements can ensure that his contracts are enforceable under HICPA. HICPA also prohibits home improvement contracts from including specific provisions, including but not limited to provisions waiving compliance with federal, state, or local health, life, safety, or building code requirements or the conditions of HICPA. If a home improvement contract contains prohibited provisions, the homeowner may void the contract. Aside from imposing strict requirements on home improvement contracts, HICPA also prohibits contractors from some specific acts, such as abandoning a home improvement project, deviating from plans or specifications
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without a written change order, or accepting a municipal certificate of occupancy with the knowledge that the contract is not complete. One of the punitive aspects of HICPA is its incorporation of the Unfair Trade Practices and Consumer Protection Law, which exposes home improvement contractors to civil liability for triple the amount of damages claimed by the homeowner in a lawsuit alleging a violation of HICPA as well as the homeowners' attorneys' fees. This is the homeowner's potential sword against a home improvement contractor that violates one of HICPA's prohibitions. HICPA also creates the criminal offense of "home improvement fraud," which encompasses multiple forms of misrepresentations and deceptive conduct by a home improvement contractor. For example, a contractor cannot make false statements to a homeowner to encourage them to hire the contractor to complete a home improvement project. The offense of home improvement fraud under HICPA can result in varying degrees of criminal liability for a home improvement contractor depending on the value of the contract or payment involved. The home improvement contractor can lose its certificate of registration. Home improvement is highly regulated in Pennsylvania, from HICPA’s strict contract requirements to home improvement contractors' rules, requirements, and prohibitions. While HICPA aims to protect consumer homeowners and punish bad-acting contractors, a contractor familiar with its provisions can avoid the pitfalls and confidently contract for new home improvement projects.
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Changing Weather and Changing Moods: the Effect of the Seasons VANCE P. FARRELL, M.S., CPS SUPERVISOR, PENNSYLVANIA MENTOR
We as a society have placed symbolic meaning on the different seasons we experience throughout the year to describe the changes that may be seen within or around us. Examples of this can include the use of words like refreshing or spring-cleaning for spring; exploration or freedom for summer; sweater-weather or bountiful for fall; and nostalgic or winter-blues for winter. These differences not only describe the weather within the seasons but can also symbolize a person’s mood or behaviors during these times, especially for seasons with extreme weather differences. For anybody who has experienced a climate with all four seasons, the changes and differences between these seasons can be easily identified and felt, not only physically but emotionally and psychologically as well. Identifying and attempting to manage these changes within oneself can be extremely difficult but can be vital to ensuring a person’s health and safety. While mood changes are common depending on the weather and season, there are times when those swings can be more dramatic and should be of concern because of the potential damage they could cause to the person experiencing them. Seasonal Affective Disorder (SAD) is the diagnosis that is used to identify those individuals who experience these dramatic and impactful mood changes that can cause impairments to a person's ability to function on a daily level and can have lasting impacts on their lives. SAD can be split into two different presentations depending upon the season in which the symptoms present, either winter-pattern or summer-pattern with polarized symptoms compared to each other, which can also be said for the seasons they are paired with as described above. Summer-pattern SAD is typically presented with trouble sleeping due to insomnia, a poor appetite that leads to significant weight loss, anxiety, easily agitated effects, and/or episodes of violent behavior. Meanwhile, winter-pattern SAD is typically presented with symptoms including oversleeping, weight gain resulting from overeating (particularly carbohydrates), and social withdrawal from preferred activities or people. The symptoms described for either presentation can have devastating impacts on individuals, their relationships with others, and their ability to function daily. If untreated, it can lead to
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dangerous situations arising for the person experiencing the myriad of emotions. After reading that, you may be wondering why SAD is not more commonly diagnosed within society or why it may be something you may have heard about before, but the specifics about it were not. This is because it is not a disorder all its own; rather, SAD is a type of depression that is characterized by the pattern of presentation with the seasons. This means that in order for this diagnosis to be reached, an individual would also need to present with the necessary criteria to meet the diagnosis for Major Depressive Disorder (MDD), which includes symptoms such as loss of interest in preferred activities, depressed mood, most of the day nearly every day, low energy, feelings of hopeless and/or worthlessness, low energy/fatigue, poor sleep as a result of insomnia or hypersomnia, difficulty concentrating, and/or frequent thoughts of death or suicide. From that list, it is also clear that the symptoms for either pattern of SAD draw from directly from MDD but also differ in the symptoms experienced, similar to that of the seasons that they have an associated relationship regarding their presentation. Taking all of that into consideration, treatment for such a diagnosis follows a very familiar path to MDD and other depressive diagnoses that can be found. The use of medications may be necessary depending upon the severity and frequency of the symptoms
presented by somebody to assist with managing potential chemical imbalances within their brain or hormones. Therapy is another tool that needs to be considered to assist with the development of coping mechanisms to help manage their symptoms when they start to become worse or more frequent. However, the presence and support from those closest to the individual can play the most important role. These are the people who could help identify the symptoms when they start and assist in managing or combatting the symptoms when they do arise.
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Stymied Only by Inventory, Winter Real Estate Market Expected to be Unseasonably Hot JUSTIN POREMBO, CHIEF EXECUTIVE OFFICER, GREATER LEHIGH VALLEY REALTORS®
The Greater Lehigh Valley REALTORS® reported November data – the most recent data currently available – showed that although the housing market is not as frenetic as was seen earlier this year, buyer demand is high, bolstered by attractive mortgage rates and a low supply of inventory. The economy is improving, unemployment is falling, and the real estate market remains strong as we wrap up the holiday season, a period when activity typically slows as people take time to travel, celebrate, and spend time with loved ones. While the market has certainly experienced the normal cyclical slowdown, it’s been no snooze-fest for Lehigh Valley-area REALTORS®.
NOVEMBER STATS With inventory still not at sufficient, comfortable levels – there were just 617 units in November for Lehigh and Northampton counties – the Median Sales Price increased 7.0 percent to $259,000. In addition, homes sold, on average, in 18 days – five days above the record low of 13 days, which was recorded in July. Other notable housing statistics reported by the Greater Lehigh Valley Multiple Listing Service for November include: • • • •
New Listings decreased a mere 3.9 percent to 684. Pending Sales were up 5.2 percent to 725. Closed Sales slipped 14.8 percent to 723. Months Supply of Inventory was down 38.5 percent to 0.8 months. • Percentage of List Price Received went above and beyond, increasing 0.8 percent to 101.0 percent. • Homes sold, on average, in just 18 days, a decrease of 14.3 percent. In Carbon County, the Median Sales Price decreased slightly to $194,250. Closed Sales were down to 66. Pending Sales jumped to 89. New Listings increased to 82. Inventory dropped to 114 units, leading to a Month's Supply of Inventory of 1.6 months. Homes are moving at a decent pace for the association’s more rural county, with Days on Market dropping to 22 days vs. 56 days the previous November.
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Unseasonably Hot Winter for Home Sales? Most Likely. Compared to other past winter seasons, this winter season’s sales activity is expected to be stronger. This winter – both here in the Lehigh Valley and nationally – there will be more sales compared to pre-pandemic winters, proving there no longer is a perfect season to buy or sell a home. Today is perfect. Tomorrow is looking great. Two days or three months from now works, too. “Although there are fewer buyers in the winter months than in the competitive spring and summer period, all signs suggest that housing demand remains high,” says Danielle Hale, realtor.com®’s chief economist. This optimism stems from the COVID-19 pandemic lockdown, which created a pent-up demand for homes throughout much of 2020 that completely swamped the usual spring rush/winter lull rhythm of the real estate cycle. And that overwhelming demand for housing is still going strong today. “We had unusual seasonality in 2020 due to the pandemic shifting timing around for many buyers and sellers,” explains Hale. “While 2021 had much more normal seasonality—homes sold fastest in summer and slower in fall and winter—this year has been a standout for its own reasons.”
REALTORS® ARE WORTH IT! Numbers and data and statistics making your head spin? With years of bargaining experience and expert understanding of the market, REALTORS® can help you close the deal at the price and terms you want. Not to mention, homeowners who sell their homes on their own typically generate $24,400 less than homeowners who work with a REALTOR®.
Need a REALTOR®? You can research and find a local REALTOR® at www.GLVR.org.
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New Year’s Resolutions, Health and Wealth RAY BRIDGEMAN, BRIDGEMAN STRATEGIC CONCEPTS AND NETWORK MAGAZINE Any New Year's resolution should be based on health and wealth. The old saying money can't buy you happiness might be true, but the more you have doesn't distract from it. With people living longer into retirement, it is more important than ever to keep up with the healthy side of life along with the money side. There are key things to keep in mind on the money side and things that affect major life changes, weddings, births, divorce, and unfortunately, deaths. I say this with experience in all these areas. Just as important as regular health check-ups are the annual and sometimes biannual wealth check-up with your financial professional. With every life change: Have you updated your Will? Your beneficiaries on accounts? How necessary is this? Well, if it isn't your first marriage, it is, unfortunately, a more than common story, when someone ends up injured or even passes away, the new spouse finds out that the "Ex" is protected because you didn't take time to update things. Just got married, especially if I'm in the younger stage of life; now is the time to make decisions about protecting each other, like life insurance. The younger you are, the more affordable those options are, not to mention if you are planning a family, pregnancy can delay that coverage. Act now. Ok, in a market like today, everything seems to be making money. What happens when things go down? More and more people are planning for their future on their own but what goes up always comes down. Are you prepared for that? How do you know to protect your downside if you're not working with someone? You want to retire one day, buy a house, pay off debt. Playing the zero percent credit card games can only go so far. A financial professional
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can work with you one on one and change your budget as your life changes. There are many financial tools and strategies that can get you there. The sober subject is, have you thought about what you want your loved ones to do when you pass? Please write it down with an appropriate professional, so they don't have to deal with it. They are going through enough dealing with the loss, don't have them try and figure out what your wishes are. Are you a business owner? Looking to provide for your employees? Never too late to set up some sort of retirement tool for them. Carry on your legacy? What happens to the business when you die? Plan it out with a professional. This may be controversial to all those financial talking heads out there who say sock it away for retirement. Saving for retirement is important, but don't put off what you want to do today until tomorrow. Is there a trip you want to take, a vacation home you want to buy, a bottle of wine you're saving? Do it, drink it - today is a special occasion. Being alive is special! If you have prepared financially, you will be fine. To quote Alanis Morissette, "Won the lottery and died the next day," don't be that person! Now super important, stop putting off those medical check-ups. We hear all the time excuses like coverage, money, time. No excuse, get the check-up. There are so many new advancements with medicine, and you can't get cured if you don't get checked! Don’t forget, make your financial check-up appointment today as well to start the New Year off healthy and a little more wealthier.
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The Revolution for Evolution CHRIS LAKATOSH, PRINCIPAL & SENIOR CONSULTANT, CORNERSTONE ADVISORS ASSET MANAGEMENT, LLC
I will make a less than bold prediction: Ten years from now, the 401(k) landscape will look drastically different than it does today. It is no secret that a great many employees do not have access to a corporate retirement plan. Some studies put that number around 55 million people. There are many reasons why access has been elusive, but the reasons are not an issue here; it is the solution to this problem that is at the heart of this article. Legislation has begun to change the landscape. It will continue to evolve so that the retirement income gap can be addressed in a meaningful way. Revolutions tend to take shape as organized movements aimed at affecting change. In this context, it is economic change. In December 2019, a sweeping piece of legislation known as the SECURE ACT (Setting Every Community Up for Retirement Enhancement) was signed into law with massive bipartisan support. The spirit of the bill is to provide retirement plan access to those tens of millions of Americans who do not currently have it. There were dozens of meaningful retirement reforms in this bill that ranged from the ability to delay required minimum distributions to age 72 to making it a requirement to have inherited IRAs distributed in 10 years, to providing credits covering startup costs for 401(k) plans, to the creation of the newest retirement plan structure called the Pooled Employer Plan (PEP). We believe that the PEP may be the most impactful of all. In practice, there is nothing simple about establishing a PEP at the onset. Still, there is a great deal of simplicity in the PEP solution for employers. In its purest form, the PEP solution is designed to create a single plan with many adopting employers. These employers join together to provide a competitively priced 401(k) plan while offering employers the ability to outsource nearly all of the operational and administrative fiduciary responsibilities to a third party. PEPs allow an employer to focus on their business while offering a highly competitive 401(k) plan to their employees and having the comfort in knowing that the fiduciary responsibilities under ERISA are being met. This solution can be a great benefit to employers who do not have the size to negotiate reasonable fees and services on their own, have limited resources to dedicate to their retirement plan but do want a solution that helps attract and retain quality employees.
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All things evolve. Darwin studied biological evolution back in the 1800s through natural selection. Species most suited to their environment would survive and thrive; those that didn't perished. Just like nature, processes and procedures evolve or perish. The retirement plan industry has a history of progressing to survive the changing saving landscape. When 401(k)s began, employees were expected to be investment experts and build their own portfolios. Then we created risk-based portfolios as investment options. We have target-date funds that put employees in a portfolio with a "glidepath" to retirement. We've recently created the ability to design custom target-date solutions that best fit an employer's demographic. This PEP consortium solution is the next evolution, but this addresses the employer's needs. Employers are not ERISA experts; they are generally entrepreneurs who have taken risks and invested in building a successful business and wanting to hire quality people to effectively grow that business. We've asked them to toe the line of ERISA law, of which they have no great knowledge. A PEP solution will relieve them of this responsibly and allow them and their staff to focus almost exclusively on continuing to grow their business. SECURE ACT 2.0 is around the corner. Whispers in the industry say this next round could usher in regulations that mandate all employers establish a company-sponsored retirement plan, regardless of size. The solution may be to partner with a state-run IRA program, SIMPLE IRAs, or, more likely, a company-sponsored 401(k) plan. It is estimated that this pooled arrangement could create between 600,000 and 700,000 retirement plans nationally. If it doesn't happen now, it will happen soon as fewer and fewer people believe social security will exist in its current form when they retire. I believe this is the first step of the revolution that will create substantial evolution in the 401(k)-plan industry for years to come. It just may be what everyone needs to close the retirement income gap and allow more employees to retire with sufficient savings and the dignity that comes with it. Securities offered through M Holdings Securities, Inc., a Registered Broker/Dealer, Member FINRA/SIPC. Investment Advisory Services offered through Cornerstone Advisors Asset Management, LLC, independently owned and operated.
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U.S. Department of Labor Announces Plan for New Audit Quality Assessment MATTHEW V. LEINER, CPA , BUCKNO LISICKY & COMPANY
The U.S. Department of Labor (DOL) Employee Benefits Security Administration Office of the Chief Accountant is planning to revisit audit quality on the work performed by independent qualified public accountants (IQPAs) as it pertains to audited financial statements of employee benefit plans covered under the Employee Retirement Income Security Act of 1974 (ERISA) for the 2020 Form 5500 filing year, which includes the calendar year 2020 filings filed on extension by Oct. 15, 2021. The DOL previously performed a similar assessment of the quality of ERISA plan audits as it pertained to audited financial statements submitted with the 2011 Form 5500 filings. During this study, 400 audits were selected for review, giving eye-opening results. The study showed that almost 40% of the audits selected contained significant deficiencies serious enough to prompt the DOL to refer cases with these deficiencies at the conclusion of their review to the applicable state board of accountancy of the IQPA firm and the American Institute of Certified Public Accountants (AICPA) Professional Ethics Division. As summarized by the AICPA Employee Benefit Plan Audit Quality Center, deficiencies identified by the DOL were seen in the following audit areas: • • • • • • • • • • •
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• • • •
Plan mergers and terminating plans Plan representations Compliance with GAAS and GAAP standards Compliance with DOL rules and regulations for reporting and disclosure
For this new study, the DOL Employee Benefits Security Administration Office of the Chief Accountant is currently in the process of developing its methodology and expects to make sample selections and begin contacting selected plan administrators and IQPA firms by the end of 2021. If selected for review, the IQPA firm will be required to provide a full set of audit work papers supporting the audit containing all documentation, including work papers maintained in other related files. It is important to note that IQPA firms will have only one opportunity to provide all supporting work papers. So, it is critical that everything relevant to the plan audit is provided to the DOL upon the first request.
Investments Notes receivable Contributions received and receivable Benefit payments Participant data, including individual participant accounts Plan obligations Parties in interest/prohibited transactions Plan tax status Commitments and contingencies Administrative expenses Subsequent events
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Why Belong to a Credit Union? DEB PERINI, RELATIONSHIP MANAGER, MEMBERS 1ST FEDERAL CREDIT UNION
Many people ask, “Why should I belong to a credit union? I already have a bank account, and I do not need more credit.” Consumers often assume that they either are not eligible to join a credit union or that it is only for financing—not for their everyday banking needs. To better explain why people should join a credit union, consumers should understand the cooperative principles that drive the operations of credit unions. Voluntary Membership – Credit unions are private, membershipbased institutions and the requirements of membership vary depending on the institution. A credit union must limit its offerings to people who share a common bond, such as occupation or designated communities. Membership does not expire. Even if members leave an employer who made them eligible to join the credit union, they can keep their membership.
Democratic Member Control - Owned by its members and governed by its unpaid voluntary Board of Directors, credit unions do not have external stockholders. Membership with a credit union means you become what we refer to at Members 1st as member-owners. Credit union members become part of something bigger than just a financial institution; they become part of a true cooperative. Whether members have only met the minimum balance requirement or have a six-figure balance in their account, all members have an equal level of participation in determining the credit union's direction.
Member Economic Participation - Acting as a not-for-profit, financial cooperatives, credit unions were founded on the idea of members pooling their money and lending to others as needed. The philosophy of credit unions is “People Helping People.” Because they are non-profit, any profits earned by credit unions are returned to members in the form of lower fees, higher rates on savings accounts, and lower interest rates on loans.
Autonomy and Independence - Credit unions are self-help organizations governed by their members. They are extremely safe and have their own version of the Federal Deposit Insurance Corporation (FDIC), which is the National Credit Union Administration (NCUA).
Education, Training, and Information - Credit unions look out for their members by promoting financial wellness, offering programs about money management for all stages of life, including budgeting, reading and understanding a credit report, avoiding and overcoming identity theft, and more. At Members 1st, when your business becomes a Select Employer Group (SEG), one benefit you receive
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is complimentary financial literacy presentations to your businesses’ employees and members.
Cooperation among Cooperatives - Credit unions are convenient, with a network of thousands of surcharge-free ATMs and Co-Op-shared branch networks across the United States. Credit unions are often locally operated. As non-profit organizations, credit unions make decisions based on the best interest of the credit union movement and its members, not the organization's bottom line. Even in the age of digital banking and robust technology, Members 1st understands that our members still enjoy taking care of their banking needs face-to-face. We remain focused on expanding our footprint to continue serving members in branches across Central PA. In 2021, we commemorated our entrance into our eighth region, Berks County. In 2022, Members 1st plans to open several branches in the Lehigh Valley.
Community Mindset – Credit unions are focused on their members’ needs, but they also understand their role related to the communities they serve. Many credit unions ask their leaders to serve on local non-profit boards and are active in giving back to the community through volunteerism and charitable contributions. Credit unions are committed to serving community members who face challenges gaining financial services elsewhere. It is this commitment to service that differentiates credit unions from other financial institutions. At Members 1st, we exist to strengthen our communities because our communities are stronger when we come together as one. It is why our associates volunteer thousands of hours each year to local charities and causes. And it is why we donate to help non-profits in the regions where we do business. Most people do not realize that they qualify for credit union membership and remain with their current financial institutions because they are unaware of the alternative. Credit unions provide a different financial experience—one where you come first and where becoming a member is far easier than you could imagine. If you or someone you know is interested in learning more about the credit union movement and determining eligibility requirements, please visit www.ibelong.org. The credit union movement welcomes everyone and looks forward to helping all members to live their best financial lives. For more information about Members 1st, visit members1st.org.
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A Lesson in Resiliency and Appreciation JONATHAN MORRISSEY, VICE PRESIDENT RICH MAR FLORIST
With over 60 years in business, I never really stopped to question the sustainability of Rich Mar Florists. The business had been passed multiple generations to me, the fourth generation of Morrissey ownership. We had grown from a tiny basement-operated business to being recognized as one of the top-100 FTD florists in the country. We won the 2017 Lehigh Valley Chamber of Commerce Excellence in Business Award. We were named "Best in the Valley” by Lehigh Valley Magazine in 2018, also just celebrated three straight years as The Morning Call’s Best Florist (2019-2021). I say all of this not to brag but for perspective. When the pandemic forced businesses nationwide to shut down, I found myself leaving work and locking the door for what I thought could be the last time. I was uncertain of the future and dejected that my professional career could have been over and not on my own terms. The business had survived three generations, and I didn't want the family vision to die with me. Like many other professionals in Pennsylvania, I hit the lowest point of my then 16 years in my profession. But with such unprecedented conditions, there was no roadmap. There was no clear path. All we could do was lock up and head home, hoping for the best for our business, our families, and our employees. Thank God for my wife, Melissa. We met in college, and she'd witnessed many of the normal ups and downs of business. And as my business teammate, she knew the enormous stress I was feeling. Seeing me distraught, she encouraged me to take a walk to clear my mind during the first week of the shutdown. In that time, I immediately felt re-energized after talking with other florists and Harrisburg business owners. Shortly after that, after eight days of being at home, the news we were hoping for was announced. We could return to work in a limited capacity. What did this mean? It meant that our distribution center, phones, and website could be open, but our retail stores remained closed for over 60 days. Slowly, employees returned to work. We can't put into words just how much relief my family and I had, knowing we could
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start rebuilding our business. More importantly, we were able to bring back our employees and continue building the business their families relied on. We were so grateful for their return. Meanwhile, my involvement in motorsports and NASCAR had kept me busy. As a company, we had just begun sponsorship within NASCAR in 2019, just before Covid. I had made verbal sponsorship commitments to several drivers for the 2020 season - just before everything came unglued. Unsure if I should, or could, move forward on those commitments, I took a leap of faith. I kept my word and never looked back. Thankfully, real-life racing transitioned to nationally televised virtual races. We enjoyed success in those virtual "iRaces," leading to partnerships with Dover Speedway. After seeing some success within motorsports, I focused on growing our footprint within the sport as racing returned to the track. We created our own Rich Mar Racing brand. It was exhilarating - grabbing wins and backing star drivers from all over the country. As the list of Rich Mar sponsored drivers grew, massive social media support followed. It is truly amazing to see fans worldwide recognizing and supporting our brand and supporting our drivers. I will always be grateful for the support system and network that came from racing, I learned many things during the pandemic. Not just in business, but more importantly, about myself. I learned to be resilient to the world around me. I learned that my family, friends, and every relationship mattered so much to me. I now see every day I walk into the door at Rich Mar Florists and get to work with our customers as a blessing. As with every industry, our company remains a little shorthanded. However, the employees who stayed with us the past two years have increased their focus. They've seen our short handedness as an opportunity. Instead of complaining, they show up with a smile on their face, ready to showcase their work ethic and talent. Everyone learned something from the pandemic. Some learned new hobbies, others learned new value systems. Some gained friends,
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some lost friends. Some learned what they loved about work, some what they hated. For me, I saw the pandemic as a reminder to seize opportunities. Whether these opportunities are personal or professional. In my case, as a business owner, it's always a little of both. The day begins and ends with work, as it does for any successful professional. Just today, I am just a little more grateful than pre-pandemic. Our family motto, “Dream Big Always" is a constant reminder that our story is only getting started, and I couldn't be more thankful to be part of writing the next chapter with my support system.
About The Author Jonathan Morrissey is a fourth-generation florist who specializes in corporate accounts, marketing, and wedding floral consulting. A passion for all things business, Jonathan is also heavily involved in Rich Mar Florists outside the box marketing such as celebrity endorsement and Rich Mar Florist Racing.
Is Your Culture Dying?
Be on the lookout for these 7 culture killers CHRIS SARACENO KELLY AUTOMOTIVE GROUP
One of the best things we can do for the people we lead is to give them a place to work where they can fulfill their potential and go further than they ever thought possible. One way to support them is to make sure our office or our organization runs smoothly.
back to climb the next rung on the company ladder. Petty power plays, rules for the sake of having rules and other activities that drain people of not only their energy but their will to come into work every day have no place in any organization.
To do this, my Theory of 5 mentors and I have found that there are seven culture killers to avoid. Doing this requires paying attention and making sure none of them take root in our company. While any one of them might not seem significant at the time, these behaviors will begin to strangle workplace morale, team member enthusiasm, and overall results.
Let’s make sure our team is just that — A TEAM. We all pull together, or we go nowhere.
Arrogance and Big Ego — Arrogance can make a room feel like it’s too full for anyone else to matter. This is especially true if it’s the leader displaying this quality. There’s a distinct difference between confidence and arrogance. People like confidence, where arrogance cultivates a “me vs. you” mentality that will break a team apart — or prevent it from forming at all. Consistent Micromanaging— There is a place for micromanaging in a business — it’s important to take a hands-on approach in guiding people when they’re first starting out in our organization. Consistently hovering over people when they are properly trained and doing their job, however, makes everyone uncomfortable and less productive and motivated. Uncontrolled micromanaging will chase off talented team members who don’t like leaders who are constantly looking over their shoulders. Gossip — To be blunt, gossip is a workplace cancer. Once it’s discovered, it needs to be excised — aggressively and immediately. Gossip is simply a tool small people use to make themselves feel powerful at the expense of others, and it has no place in a healthy organization. It is not to be tolerated. Fortunately, there’s an easy solution for leaders who see it for the threat that it is. It only takes two words: “STOP IT” (perhaps three more: “OR YOU’RE FIRED”).
Dishonesty or Lack of Transparency — As leaders, our team members must be able to trust us at our word. As soon as that trust is broken by a lie or by an arbitrary change in the rules — or a change they believe is arbitrary — the best and brightest will take their talents elsewhere. If a leader makes a mistake, people can still respect them, especially if they take full responsibility. Equal treatment of Unequals — Treating everyone the same — where promotions are given strictly by seniority, for instance, will cause morale will plummet. If everyone is given the same bonuses at the end of the year, regardless of results or effort, a leader will begin to receive lower effort, initiative, and commitment, which will impact the team's overall performance and the company's outcome. Also, our most talented people will look for the door. Unresolved Issues — When things need our attention, we must take care of them. Don't put off getting the necessary equipment repaired or replaced. If a change is needed in our process to make it run smoother, make it happen. When disagreements between team members are causing concerns or conflicts in the office, and there is no sign of it stopping, get involved. Model the behavior that gets things done at the business. My Theory of 5 mentors and I believe that we should give our team members every opportunity to shine and show what they are capable of achieving. By giving them a work environment conducive to success, we're providing them a launchpad so they can soar.
Office Politics — Working at a company is challenging enough without constantly worrying that someone is about to stab us in the
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Entrepreneur to Investor – Full-Circle Innovation LAURA S. EPPLER, CHIEF MARKETING OFFICER BEN FRANKLIN TECHNOLOGY PARTNERS OF NORTHEASTERN PENNSYLVANIA One good investment deserves another. That’s the philosophy of entrepreneur-turned-investor Marsha Wender Timmerman, who exited successfully as a founder of two early-stage technology firms and then became an early investor herself. A brilliant and high-achieving biotechnologist, Marsha was laid off from Air Products in 1984. In retrospect, as many good entrepreneurs note, that setback was a blessing in disguise. In the absence of the security of a salaried job, she was driven to establish her own company.
JWT’s remarkable success and strong exit allowed Marsha and Jim to jump to the other side of the table as angel investors. Together, they formed AJM Investments. “I invest on informed intuition,” says Marsha. “It’s much more about the leadership team than the product or service. I look for creativity, drive, and persistence. And the intangibles. I know it when I see it.”
In the mid-1980s, female technology executives were uncommon. Women entrepreneurs shared the same arduous challenges as their male counterparts and faced prejudice from investors and prospective clients.
Marsha (marsha@ajm.llc) views her role as an investor, in part, as a giveback, to mentor and support other entrepreneurs, especially women. She aims to help them with the business sides of their companies, to help them improve the human condition through innovation, and to help them make money in the process.
Marsha was the second employee of Enzymatics, a medical diagnostics start-up in Bethlehem. Enzymatics became one of the very first clients of the Ben Franklin Technology Partners of Northeastern Pennsylvania (BFTP/NEP), receiving investments and support, and grew over eight years. Enzymatics had a profitable initial public offering (IPO), and Marsha moved on.
The Ben Franklin Technology Partners invests in technologybased start-ups that are commercializing proprietary technology. Like Marsha, BFTP/NEP carefully chooses the management teams with the best opportunities, talent, and vision and provides extensive support to mold teams’ ideas into effective implementation.
Marsha teamed with Jim Johnson, longtime friend, and coworker, to start their own company, JWT. They developed a lactic acid test for endurance athletes. There was a market need, and the product was effective, but they were research scientists, not marketers. They once again turned to Ben Franklin, which linked them with expert marketing consultant Dale Falcinelli to develop a business plan.
Marsha Timmerman’s story is one of tenacity and resilience during a time of change in the role of female entrepreneurs. It was also a time of change in the Lehigh Valley economy. Heavy industry, which had supported northeastern Pennsylvania for decades, was faltering. Led by BFTP/NEP and its partners, the regional economy transitioned and developed robust technology sectors. The diversity of today’s Lehigh Valley economy is also a story of tenacity and resilience.
In 1995, JWT tied for first place in a national Working Woman Magazine business plan competition. Housed modestly in a former executive washroom within the original Ben Franklin Business Incubator, JWT earned a $25,000 investment and local celebrity status. JWT grew and, with BFTP/NEP’s funding and introductions, set up a laboratory at Lehigh University and partnered with faculty. JWT merged with another firm, and Marsha and Jim successfully exited once again. Marsha was a pioneer as a female technology entrepreneur. Her business partner, Jim, often had to front client presentations to improve the chances of a sale. Potential investors nearly always bypassed her and talked with Jim. That was the reality of the biotechnology sector at that time.
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The success of technology-based start-ups is greatly influenced by a regional infrastructure. The availability of early-stage and follow-on funding, the accessibility of higher education and other research resources, the availability of facilities and networking opportunities for young companies, and the presence of a skilled workforce are pivotal. The Ben Franklin Technology Partners builds, develops, and accelerates the region’s technology business ecosystem. An effective technology business ecosystem supports innovative local entrepreneurs, attracts technology-based companies to locate here, accelerates the learning curve for new companies, and creates a synergy among companies that helps the entire region thrive. Marsha Timmerman’s life and contributions illustrate that one good investment deserves another.
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The road to success starts with finding a great mentor. WILLIAM CHILDS, CREATIVE DIRECTOR KITCHEN MAGIC
I'm hoping this will not come as a shock to you, but it's rare that we succeed in life or business without any outside influence or help along the way. All of us can benefit from having positive role models or mentors in our lives. The outstanding ones will provide guidance, much-needed instruction, and, when appropriate, a little tough love. I was fortunate that I had exceptional mentors growing up who inspired me, guided me, challenged me, and often told me the things that I needed to hear, not necessarily what I wanted to hear. The people who mentored me provided valuable lessons that, to this day, I still call upon when things in my life become challenging. I believe there's no more noble calling than to provide fundamental insight to someone looking for guidance to help them maximize their potential. A good mentoring relationship can last a lifetime or only a few short months; what ultimately matters is the wisdom and lessons that get imparted. Great mentors see the talent and ability within you long before seeing it in yourself. "Show me a successful individual, and I'll show you someone who had real positive influences in their life. I don't care what you do for a living. If you, do it well, I'm sure someone was cheering you on or showing the way,” said Academy Award-winning actor Denzel Washington. I have tried to pay it forward and positively influence the people I’ve encountered on my journey through life and the places I’ve worked. To this day, I enjoy helping people, and I am not shy about openly expressing my opinions, knowledge, or life lessons when asked. Mentors are everywhere. It’s finding a good one that can prove challenging. Parents, teachers, coaches, co-workers are all
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uniquely positioned to impart positive knowledge. However, to be an effective mentor, you need to be authentic, trustworthy, and above all, be willing to invest in others without expecting anything in return. When you freely give your time, energy, and guidance to someone who appreciates it, you'll discover that you'll be transformed through the process as well. Kimberly Hopkins, Executive Director of the Wilson Area Partners in Education Foundation, believes that "Mentorship doesn't have to be complicated. The most impactful gift a mentor can impart, for both children and adults, is an ear to listen without judgment. When someone feels heard, they also feel valued. Over time, this simple gift can empower a mentee to pursue options and opportunities that might otherwise have seemed impossible." My favorite story about making a life-changing impact is about an older gentleman taking his dog for a morning walk on a lonely beach. As he's walking, he sees in the distance the shape of what looks to be a person picking something up, then lobbing it into the sea. As the man gets closer, he's able to see the thousands of starfish that have beached themselves on the sand and will die if they don't get help. He feels compelled to ask a question, "Hey, what are you doing?" A young man responds, "I'm throwing these starfish back into the sea so they will survive; otherwise, they won't make it." The older man responds with a confused look on his face, laughs and says, "There are simply too many of them, it's a noble gesture, but you can't possibly make a difference." At that moment, the young man bends down, picks up a starfish, and casually tosses it back into the sea while turning to the older gentlemen and saying, "Well, I made a difference to that one."
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The M&A Party Continues into 2022 TOM KERCHNER, MANAGING DIRECTOR BMI MERGERS & ACQUISITIONS For the M&A deal market, 2021 was a year of extraordinary rebound from the economic depths of the pandemic in Q2 2020. Valuations are reaching all time levels and high deal flow volume is causing some transactions to be delayed leading to potential backlogs going into 2022. GF Data® stated valuations in the third quarter averaged 7.6x EBITDA—the highest quarterly mark in GF Data’s 16-year history. While GF reports on private equity transactions in the $10- $250 million transaction range, valuations and activity are also higher than normal for deals in the $2 - $10 million range. In the past, we would have expected an average of 4 offers on deals in the $5 - $10 million range. This year we are obtaining 6 to 7 on many deals along with more offers above historical norms. We are seeing more buyers and sellers enter the market in 2021 and expect this to continue into 2022. Reasons for business owners selling now follow three main tracks: 1.
Businesses survived the pandemic, are doing well again, the market is good, and now it is time to retire.
2.
Growth is difficult due to labor shortages and owners lack the desire to make a hard push for growth.
3.
Fear of tax increases.
While we heard a lot about fear of tax increases earlier this year, this seems to have faded somewhat and is the least frequent factor we hear and is more of a secondary impetus. Particularly for older business owners, the tight labor market is limiting their growth potential and they no longer desire to make acquisitions or the investments to overcome the hurdles. Like their peers, these are baby boomer owners who have lived thru a major recession, a pandemic and now see the current market conditions as a good time to finally exit. Many industry participants have been predicting a surge of baby boomer sellers, but it is only recently that we see evidence of this happening. However, rather than the predicted glut of businesses for sale creating a buyers’ market, for now the market is balanced against buyers as the quantity and quality of buyers has also increased. Both strategic and financial buyers are well funded or
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have access to cheap capital and they are hungry for platform and add-on acquisitions. Smaller companies also see a strong contingent of well-funded individual buyers taking advantage of government loan programs. We see all of these dynamics continuing into 2022. Private equity groups have told us they had so many deals they were trying to close by the end of 2021 that they were no longer looking at new businesses coming on the market, and so some companies that would be of interest, will not get a look until 2022. Likewise, strategic buyers are also in the middle of acquisitions and are asking for extra time before they can look at new target companies. Further supporting our view of a hyperactive market, S&P Global Market Intelligence reported global deal activity in 2021 is expected to easily outpace the previous 3 years in both deal numbers and total value. This high level of activity is also impacting time to close where we are seeing more offers and follow-thru on quick close timelines. Historically we have seen many promises of quick closes without the follow thru but now we see real commitment. The exception currently is where banking relationships are not strong, and banks are backed up with too many deals resulting in some slowing of time to close on certain financed deals. This is putting well-funded buyers in a better competitive situation. As noted, valuations are up but it is not even across industries. Manufacturing seems to be the strongest versus historical valuations with buyers engaging in highly competitive bidding for good companies. Others such as healthcare and construction are not moving much on valuations. Healthcare suffered somewhat from the pandemic and is still struggling with related issues. The construction industry continues to do well and by the job backlogs, looks to be strong right thru 2022. This industry continues to suffer lower valuations creating value buying opportunities for buyers willing to look beyond the perceived cyclicality. Deal flow is strong in IT M&A as it always is, but IT also received a boost from the pandemic and the opening it provided in the work from home space. Overall, 2021 was a great year for businesses looking to sell and this party should continue in 2022. Buyers are active and well-funded, and economic forces continue to make acquisitions attractive for acquirers.
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Do You Have a Business Exit Strategy? BYRON ROTH, CEPA, B ROTH CONSULTING, LLC & THE ALTERNATIVE BOARD LEHIGH VALLEY
Over the last several months, I have been involved in an increasing number of conversations with business owners who are seriously considering selling their businesses. However, most did not know their exit options or how they could maximize their business value. If you are thinking about transitioning out of your business, you should understand and consider some facts from business owner studies over the last few years. •
20% of businesses wanting to sell are actually ready to sell
•
5% of the businesses sold are at a value the owner wanted.
•
80–90% of an owner’s wealth is locked up in their business.
•
50 percent of all business exits are forced and do not occur on the owner’s terms or timeline. Usually, one of the five D's is the cause: death, disability, divorce, distress, or disagreement.
•
Recent events further complicate the exit process as more business owners are looking to exit. A recent survey by the Exit Planning Institute identified that 71% of business owners plan to exit in the next 5 years and 92% within the next 10 years. Interestingly 88% of respondents were under the age of 50.
What does that mean for you? Unless you have a plan in place to make your business valuable to others, you have a high probability of not selling your business or selling it for less than you need or desire. Failure to provide for the continuity of your business impacts not only your personal wealth by limiting the value you can extract from your business but also the future of all other stakeholders who depend on the business's successful transition (employees, vendors, customers, charities, and the surrounding communities).
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An effective written exit plan is a critical strategic business tool that will create more income today, empower your management teams to continue to grow your business, create owner independence and real value for the next owner.
So how do you get started? The first step is to assess where you are today. This will require an honest assessment of the following items: 1.
Assess your personal future. Do you have a formal specific plan for what you will do once you no longer work in your business? Unfortunately, many of us do a poor job of planning for life after work. How you spend your time and what you want after the sale impacts the financial resources needed. Take some time to plan for your future by documenting how you would like to spend your time. If you have never thought about your personal vision, check out the article I wrote in the Fall 2020 edition of this magazine.
2. Assess your future personal financial needs. What is the gap between what you need for retirement and what you have available without considering your business? Consider how much of your current lifestyle is supported by the business that will need to be funded by your available resources. You need to understand the gap you have to understand what you need to harvest from your business to support your intended lifestyle. 3. Assess your business – This will probably require some outside, unbiased help. a. Evaluate your current financial statements that exist for tax purposes. Does the income statement reflect the true
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cash flow benefit assumed by the owner or future owner? Most businesses have discretionary and one-time expenses that need to be normalized. b. Evaluate your people. Is your organization able to operate independently from you, or are they very dependent upon your day-to-day involvement? Are they capable of running the company? Your employee capabilities can have a significant impact on the intangible value of your business. c. Evaluate your clients. How dependent is your business on a few key clients? Is there client “stickiness”? Is it easy for them to switch to someone else? Are they heavily dependent upon you, the business owner? Uncertainty in future business will have a significant impact on the attractiveness of your business. d. Evaluate your systems. A business with well-defined and documented systems and processes will have a much greater intrinsic value and will be more attractive to a new owner. Whether you are looking to exit in the near term or long term, focus on the value of your business. Driving real value in your business and increasing the attractiveness to future buyers will also provide other positive outcomes, including increased sales and higher profits. Integrating written personal goals and financial plans with business planning enables you to maintain your focus on protecting, building, and harvesting business value. Preparation today is critical to enable a successful exit of your business.
Lehigh Valley Positioned Well for Continued Post-COVID Economic Growth DON CUNNINGHAM, PRESIDENT & CEO, LVEDC The economic change wrought by the global COVID-19 pandemic has created new challenges and opportunities for economic growth both across the nation and the world, and that is certainly the case in the Lehigh Valley as well. Change that was taking place was accelerated. The movement away from shopping in stores to ordering online was supercharged as people needed to avoid places crowded with other people. Office workers began working from home, sometimes in entirely different states than their employers. The availability of workers, particularly those with the right skills, became more challenging. This shifted the supply and demand balance toward employees, driving up wages, benefits, and bonuses among employers caught in an accelerating competition for talent. Global supply chains became disrupted, ending the reliable shipment of goods across oceans. Just in time inventory is evolving to "just in case" as companies realize they need to stockpile and pre-order goods such as pharmaceuticals, computer chips, and toilet paper to hedge against emergencies.
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Like all metropolitan areas across the country, the Lehigh Valley will have to grapple with these new economic challenges. But the region is positioned well for continued economic growth in both traditional areas of strength and in new sectors emerging in a post-pandemic economy of rapid change and development. Toward this end, the Lehigh Valley Economic Development Corporation (LVEDC) has recently adopted its new 3-year Strategic Plan. It includes a wide range of goals, priorities, and initiatives, including targeted economic development and growth in key sectors such as life sciences and advanced manufacturing. LVEDC commissioned the Atlanta-based Garner Economics to assess the Lehigh Valley region for its strengths and weaknesses in critical economic growth factors, as it had done twice before in the last decade. Those assessments found that the Lehigh Valley is in a stronger position for growth than it was a decade ago, and Garner’s recommendations for the Lehigh Valley to continue to thrive are contained in the plan. With that data in hand, one of the components of the strategic plan will be marketing the high-quality assets of the Lehigh
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Valley to attract and retain employers in optimal business sector selections, which were chosen based upon the specific characteristics of the economy and assets of the Lehigh Valley economy. The four high-value targeted sectors that were identified include life sciences & pharmaceutical, professional & creative services, advanced manufacturing & high-value production, and food and beverage products. We've already begun this work to establish a new targeted marketing campaign and a dedicated website specifically focused on the life sciences sector. This campaign will highlight, among other things, the region's unique qualities that make it an attractive place for this sector, as well as existing life sciences companies that have thrived here. LVEDC will pursue targeted market campaigns aimed at specific audiences of influencers and asset managers with specific asset information on each targeted sector. We will also continue relationship building with site selectors, location advisors, and industrial and commercial real estate brokers. Additionally, LVEDC will continue its talent supply development efforts, using our partnership between the employers and the education, training, and workforce
community to understand the region's skills gaps and workforce needs and to help to match supply and demand. It is also crucially important to know thyself, and to that end, LVEDC will continue to provide research and data to increase understanding of the Lehigh Valley economy and its competitive position while staying ahead of new developments and economic and social change driving economic opportunities and challenges. Our goal at LVEDC is to ensure that Lehigh Valley employers have a location to prosper and that every resident here who wants to work has an opportunity for suitable employment that meets their skills and education level. It’s difficult to always meet that goal. That’s why it’s necessary to keep working, planning, and preparing as a region to be the best that we can be for the companies, people, and institutions that reside here and those who visit here – those we like to call our future residents and employers.
Lessons Learned in a Leadership Laboratory ERIC B. LUFTIG, MANAGING DIRECTOR, EBL CONSULTING After more than 25 years of working in different functions across various companies, managers, and geographies, I have come to learn a lot about leadership. By no means am I an expert, yet I pride myself in practicing, watching others, and seeing how leaders' actions impact the actions of others. Maybe call me a student of leadership. Personal and professional life is a leadership laboratory. Every day, there are opportunities to further develop and grow your capabilities. I have learned over the years it isn’t about making big decisions or what books you read or quote, but more about how you engage, inspire, and energize people, helping them maximize their contributions.
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Trust, empower, delegate, and take ownership. Engage the “bowling alley bumpers,” but let your team “bowl!” Be there to coach along the way, showing your team you are willing to get your hands dirty too. Empower others to own their world, but you are responsible for the team’s outcomes. If the team succeeds, it’s “we” succeeded. If the team fails, it’s “I” failed. Do your best to not be the holdup for things your team is trying to accomplish.
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Be humble; keep your ego in check. Always remember where you started. Put yourself in the shoes of your employees, shoes you likely wore somewhere along your path. Allow your employees to make mistakes and seek to fully understand when they do. Recognize when you may be at fault for a misstep and seek to correct it with proper communication, training, and support. Your job as a leader is to serve, not be served!
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Use appropriate energy, stay nimble. Know when to have a garden hose and when to have a fire hose - not every situation requires the same energy. Surround yourself with talent that complements your strength and development areas. Tap into each person’s individuality and talents to maximize overall team success. Embrace change, and always remember your role in helping others around you through that change.
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Align your team. Usually, teams struggle most because of a lack of alignment, primarily when this occurs at the highest levels of an organization. Always do your best to get team members bought into the mission, especially as it relates to internal and external customers.
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Mentor others. Take the time to mentor and train others, be it at work and/or in the larger community. I have always found added
Below are some of these key learnings, many of which I have learned from my heralded leaders. In these somewhat tumultuous times of the “Great Resignation,” I hope something here strikes a useful chord to help you help your people. •
Treat people like people. “Walk the floor” and take time to know your people and what they are working on. Be authentic, sensitive, caring, and even vulnerable. Recognize that employees have unique work-life balance needs and support them in pursuing them. Remember - no matter your rank or role, we are all human.
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Communicate often, broadly, effectively. Never assume communications transfer correctly. Don’t hide behind electronics - balance verbal, visual, and electronic forms of communication. Read the room and look for the unspoken words via body language - bring disengaged people into the discussion. Praise in public, but provide constructive feedback in private. Performance discussions should be ongoing.
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energy and personal joy in helping others be successful. And if you are being honest with yourself, you know you got to where you are in part because someone helped you. •
Be a good neighbor. Giving back to the community has long been a part of my personal mission. Engaging your team with the community and allowing them to give back through donations or volunteerism is a powerful way to unite and build a team.
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Build bridges, stay connected. Careers are long, and you never know when someone from your past turns out to be part of your future. I have also learned repeatedly that the fastest path to go from “A” to “B” sometimes requires you to pass through “C” first, where “C” involves bringing other people along for the journey.
Some days will feel like a giant experiment - you can find a winning formula, or things may just blow up in your face! People are variables. The daily challenges of work are the constants.
my best to keep these life learnings in front of me as my guide, and I hope they serve you well too! Eric B. Luftig is currently the Managing Director of EBL Consulting, LLC. Prior to this position, Eric held various Senior Leadership positions at Victaulic, Nordson, and General Electric across Operations, Engineering, and Commercial functions. Eric’s Teams have a long-standing history of delivering business growth and receiving industry recognition for their efforts. Eric currently also serves on the Advisory Board for “Lafayette College’s Dyer Center for Innovation and Entrepreneurship” and as a Senior Advisor to the “&Marketing” consultancy firm. He is also the recent past Board Chair for Valley Youth House and also served on the Boards of LVEDC, Northampton Community College, and the State Theatre of Easton. Eric’s strong leadership and commitment to the community through these and several other organizations led him to receive a Spirit of Volunteerism award in 2018 from the Volunteer Center of Lehigh Valley, PA.
As I continue my own leadership journey, I know that wherever I go, the art, science, and language of leadership remain the same. I will do
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Cigar Review
STEVE ROWBOTTOM, CIGAR AFICIONADO CIGARS INTERNATIONAL
Ashton VSG Belicoso Dominican Republic
5.25” x 52
Medium-Full
95-Rated
Cohiba Black Supremo (Toro) Dominican Republic
6.0” x 54
Medium
94-Rated
Diamond Crown Julius Caeser Toro Dominican Republic
6.0” x 52
93-Rated
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Medium
Chewy. If I could describe the Ashton VSG blend with one word, it’s chewy. The Ecuadorian wrapper is dark, oily and thick enough to chomp down on without receiving battle scars. The smoke pulled through the cigar is hefty, sitting on the palate with noticeable weight and texture, almost as if I can chew through its wafty goodness. The flavors smack of leather and oak throughout, complemented by a somewhat dank earthiness on the finish. Midway through I pick up a red pepper influence after each puff. This cigar is rich, meaty and ultimately satisfying.
Cohiba is a big name with a big reputation. The Black variety lives up to this reputation through what I’ll call sophisticated richness. From the band, to the wrapper, to the flavors, everything about this cigar is dark. I find the blend to be medium in body and I notice graceful hints of unsweetened cocoa and black coffee. The bouquet is smooth and rich, with an oily, charcoal-like aroma. The Connecticut Broadleaf wrapper offers a nice, natural sweetness to complete an elegant, flavorful experience.
DISCLAIMER: For some time, this has been typical go-to cigar. I’m not a huge Fuente fan, and this is made by Fuente, but there’s something about this blend that keeps me coming back for more. The cigar itself is quite mellow, but it’s loaded with flavor and complexity. Coffee, spices, cedar, sweet tobacco…it’s all in there, inside a rich yet soothing burn. It’s mellow enough for breakfast and flavorful enough to finish a meal. It’s exactly the same, cigar after cigar, and I think that’s what I love most… relentless reliability.
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Gurkha Cellar Reserve Limitada Kraken (Perfecto)
Dominican Republic 6.0” x 60
Medium-Full
94-Rated
Montecristo White Label #2 (Belicoso) Dominican Republic 92-Rated
6.1” x 52
Mellow-Medium
I am starting to notice a trend here…dark Dominicans. Let’s just roll with it, because it’s what I’ve been burning lately. This cigar features a Brazilian Aripiraca wrapper, a leaf I began loving back in, like, 2005. Reason being, it’s a rich, chewy, meaty wrapper that reminds me of the deliciously fatty, rendered part of a steak. I find it with this cigar, and it pairs perfectly with its rich, chocolatey and leathery core. I find a dash of peppery-sweetness on the aftertaste, and the cigar grows from medium in body to full throughout the burn. I highly recommend this slow-burning handmade.
Another Dominican. <insert shrugging emoji> Ah well. Montecristo White is the favored child among Dominicanmade Montecristos. Unlike it’s Cuban counterpart, this cigar is silky, creamy, and quite graceful. Sweet cedar, sweet tobacco and cream, with a little bit of peanut that I pick up from time to time. You won’t find many twists or turns with this cigar…and it won’t grow in strength towards the end… but you will receive an elegant, anytime handmade with a name many like to flaunt.
Richard Branson Rocks the Kasbah JENNIFER DONCSECZ, CTIE PRESIDENT, VIP VACATIONS INC CERTIFIED TRAVEL INDUSTRY EXECUTIVE
Palm trees, desert breezes, and a five-star luxury glamping experience await at Richard Branson's Kasbah Tamadot. This unique resort was recently named the #1 Resort Hotel in North Africa & the Middle East at Travel + Leisure World's Best Awards 2021. This is the fourth time Kasbah Tamadot has won this coveted award, having won in 2017, 2019, 2020, and now 2021. Located in the Atlas Mountains, just 45 minutes from the Moroccan city of Marrakech, it is home to Branson's opulent resort oasis. Branson discovered this gem when he was attempting to circumnavigate the globe in a hot air balloon. The beautiful drive to Kasbah Tamadot from the bustling city of Marrakech showcase the stunning landscape of Morocco, the Atlas Mountains, and the foothills of the Toubkal National Park. Winding roads alongside the mountains highlight Berber villages that hug the cliffs. As the road climbs in elevation, what appears to be a desert mirage, high in the distance above, is Richard Branson’s Kasbah Tamadot.
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With 28 bedrooms, suites, and luxury Berber suites (some of which have private plunge pools), each individually decorated using traditional Moroccan furnishings and antiques so every guest can feel immersed in their surroundings and local culture. The lush, manicured grounds of this boutique property highlight the landscape but also incorporate fragrant flowers, as well as fruit and olive trees. This dreamy resort also features a spa, several swimming pools, various dining options, tennis courts, a helipad, and a list of activities for those who wish to soak in the Moroccan surroundings. These optional activities include morning hikes, riding mules or camels, shopping excursions, cooking courses, golf, and early morning hot air ballooning. Additionally, the resort is home to 6 peacocks, 2 mules, 2 donkeys, 2 camels, 6 goats, 2 ewes, and 7 ducks! Over the years, Morocco has seen a surge in luxury 5-star resorts/hotels emerging. Ranging from large hotels to boutique Riyadhs within city walls, the options for high-end experiences abound throughout Morocco but specifically in and around Marrakech. I journeyed for 9 days in November throughout Morocco. I stayed at several 5-star resorts and what truly sets Branson’s Kasbah Tamadot apart from the others is not just its unique tent experience but also its heavenly staff. This incredible staff of 140 employees focuses their attention on every need and detail that their guests request. It is no surprise that this resort is often sold out as word has gotten out, and it's no longer a secret hideaway for celebs who are looking for rest and relaxation in an exotic Moroccan mountainside retreat!
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A New Way to Taste, Learn About, and Buy Wine is Now Open! CHRIS CREE, MW, THE CREE WINE COMPANY AND WINE BAR One of the questions I have been asked most frequently in my decades in the wine business has been, "how do I know what wine to buy when I walk into a wine shop?" I get it! It can be totally overwhelming, with hundreds of labels and brands, often with no truly useful information available other than asking the staff or reading frequently outdated "shelf-talkers," you are on your own. Add to that the totally subjective nature of taste, and no one really knows what wines you will like - except you! The only way to know for sure is to taste, and most of the time, that is not an option. The Cree Wine Company aims to change all of that. It is the culmination of Chris's experiences traveling the world to taste and purchase wine, coupled with decades of dealing one-on-one with customers from wine collectors and investors to folks looking for great everyday wines. This new concept brings the elements of a California tasting room experience, but with wines from wineries and regions all over the world. In the Wine Bar, you can order a bottle, a taste, a glass, or a flight from a huge range of wines, learn a little about them from our knowledgeable, wine-loving staff, and buy the ones you like "to go." Problem solved! Pair them with a cheese or charcuterie board, and you are good to go!
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Or you can join one of our scheduled tasting classes covering a wine region, wine type or style, and more. Better yet, you can create your own custom tasting/wine class for a group of friends, family, clients, or business associates. A light fare menu is always available, including charcuterie, artisan cheeses, and more to taste along with the wines. Pop-up winemaker dinners and guest chef events are all in the works, or you can take the space for your own custom private events such as a bridal shower, rehearsal dinner, business gathering, or any other celebration or occasion.
You can also visit our online collection of wines for sale at www.creewineco.com, and buy for enjoyment in your own home. We hope to see you soon!
About Chris Cree Christopher Cree has been in the wine trade for over 40 years, beginning when a trip to Europe after high school graduation developed into a life-long passion for the wine trade. In 1996, he became only the thirteenth American to have passed the demanding Master of Wine Examination. Today, there are 409 active Masters of Wine worldwide who have passed this most demanding wine examination since it was first given in London in 1953, with only 53 located in the US.
tech
MCIT + TechCure Press Release CHRIS MORGANELLI, CHIEF EXECUTIVE OFFICER MCIT Lehigh Valley based companies merge to become regional leader in information technology (IT) management and network security for small and medium sized businesses. MC IT, a proven leader of business managed IT services since 2014, and TechCure, an up-and-coming managed security firm, publicly announced the merger of the two companies creating a regional technology leader. The merger was effective December 1st 2021, and the companies will continue to combine business operations through the 1st quarter of 2022. The combined company will be operated under the MC IT brand. Chris Morganelli, MC IT’s Chief Executive Officer will remain in the position and Tyler Berger, formerly CEO of TechCure, has been named Chief Information Officer. MC IT’s Chief Technology Officer, Alai Caetano, will remain in the position.
will certainly make MC IT stronger and more competitive in the market, and the acquired resources will ensure that we are even more capable of providing quality services in all aspects of being a managed services provider.” “We are thrilled to be joining forces with the MC IT team,” said Tyler Berger, former CEO of TechCure and recently named CIO of MC IT. “On both a professional and personal level, this merger was a perfect fit from the start. Both companies share the same values and the combined products and services make us an IT powerhouse. If you want friendly, qualified technicians and want to know things are being done right, look no further than MC IT.” MC IT looks forward to demonstrating how their enhanced service capabilities and increased depth of talented IT professionals will benefit businesses in and around the region.
“This is a very exciting step for both companies, for our team members and our clients. Our greatest assets have always been our people, and by joining forces we have just made a huge increase in the quality of that asset,” said Chris Morganelli, CEO of MC IT. “It is our strong belief that this merger will bring about only positive changes for everyone. It
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