2014 Fall The Berks Barrister

FALL 2014

Remembering the

Ehrlichs NEW DEAL CONGRESSIONAL RETIREMENT Ann & Chris Kraras to be Recognized with Kline Award

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FALL 2014

The Official Publication of the Berks County Bar Association

BOARD OF DIRECTORS

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

BAR ASSOCIATION STAFF

DONALD f. SMITH, JR., Esquire, Executive Director andrea j. stamm, Lawyer Referral/Secretary Karen A. Loeper, Law Journal Secretary Paula j. ziegler, Communications Manager RAINY LEONOR-LAKE, Community Outreach Coordinator ROARKE ASTON, Law Journal Editor JOHN E. REIGLE, Law Journal Assistant Editor Matthew M. Mayer, Barrister Editor

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

Thank You

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

Your time, energy and efforts are sincerely appreciated.

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1. This worker crosses the line 5. Some cameras: Abbr.

9. Fabric joiners 14. Heavy reading 15. "Little piggies" 16. Image maker 17. Face-to-face exam 18. Athens initials 19. Wet, weatherwise 20. 2640 Westview Drive, Wyomissing 23. Charlotte-to-Raleigh dir.

24. Often the end of a relationship (abbrev.)

25. Drunk, or a type of prunes 28. Hawkins and the Beatles' Sexy 30. "___ alive!"

32. Dean's e-mail address ender 33. The pauper's companion 35. Pirate talk

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New Deal Congressional Retirement

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A View From the Other Side

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Ann & Chris Kraras to be Recognized with Kline Award

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Remembering the Ehrlichs

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Pro Bono Celebration

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An American’s Summer in the Ukraine

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Women of the Bar in 1979 Honored

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In Memoriam

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Law Foundation of Berks 2014 Annual Giving Campaign

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Battle on the Diamond

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Annual Meeting

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Inaugural Meeting

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2014 Solo and Small Firm Conference & Expo

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1. Stirs up 2. Summer cerveza 3. Dumbfounded 4. Round sound 5. Packs tightly 6. Bath sponge (var.)

7. Court figures, casually 8. Army NCO 9. Pompous walk 10. Circumvent 11. So to speak 12. Chess pieces, e.g.

13. Wilbur's (Charlotte's friend) home 21. Met productions 22. C.I.A. forerunner 26. Like a knife 27. "How obvious!"

29. Res ___ loquitur 30. Long range strategic weapons (abbrev.)

31. Maryland athlete, for short 34. Weather agency (abbrev.)

35. Rocky's wife 36. Brews 37. Cooper's size 38. Forgetful one 39. How a drone travels 40. Pendens preceder 43. Bathroom, for short 45. Bind 46. Stunk 47. Mounts 49. Affirm 50. Brief and pithy 51. Pre-1917 Russian emperors 54. Fencing tool 55. "Cool!"

56. "Dang!"

57. "Ciao!"

58. Much needed sleep (abbrev.)

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Crossword Puzzle

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37. 1100 Berkshire Blvd, Wyomissing 40. Green beans 41. Current amount 42. Setting for TV's "Newhart" 43. ___ Cruces, N.M. 44. Choirs may stand on them 48. Reason to close up shop in Mexico City 51. _____ Maria (Coffee flavored rum) 52. After expenses 53. 111 N 6th St, Reading 57. Pipe material 59. Clap 60. Autumn tool 61. "The Second Coming" poet 62. 1962 pop hit "Duke of ______ " 63. Breezed through 64. Host 65. E-Commerce site for homemade products 66. Turner and Kennedy

1 President’s Message 8 Poetry 10 Book Review

21 Spotlight on New Members 22 Miscellaneous Docket 23 Restaurant Review

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

Sometimes What Is Good is Bad.

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recent poll ranked lawyers third on the “Most Despised Professions” list, behind only members of Congress and car salesmen.

I know, as the ad says: “Everybody knows that.” But the fact that this is old news does not make it less frustrating. In a way, it would be less frustrating if this perception was based entirely on criminal or unethical conduct of lawyers. That does not seem to be the case. Instead, many of the good things lawyers do are perceived as bad by the public.

The contributions of lawyers to society are overwhelmingly positive. Lawyers give more generously of their time and money to charitable organizations and to help the disadvantaged than any other profession.

Lawyers are held to the highest ethical standards of any profession. Lawyers safeguard every citizen’s civil, constitutional and human rights. When people or companies are confronted with the most difficult and important issues they are likely to ever face (other than health issues), it is usually lawyers to whom they turn for assistance. And they usually get it.

So, why is the public perception of lawyers so negative if the reality should be so positive? Paradoxically, I think it is largely because our responsibilities to protect the public’s legal rights are perceived as negative by most members of the public. For instance, the public doesn’t like the fact that lawyers represent

criminal defendants that are often guilty.

As lawyers, we understand that every American has the constitutional right to be competently represented by counsel. And, if that right is denied to one defendant, it can be denied to any defendant. But members of the public, most of whom are fortunate enough to have never been wrongfully accused of a crime, perceive lawyers as bad because they are helping criminals; in some cases, causing them to A Towering Judge

At the Honorable A. Joseph Antanavage’s swearing-in ceremony in August, President Bell presented the new jurist with his robe, a gift from the Bar Association. He noted that the Judge had planned to retire from his law practice at the end of this year but had agreed to serve on the bench through the end of 2015. President Bell then observed, “I have a prediction: at the end of Judge Antanavage’s relatively short tenure on the bench, our only regret will be that now he really is retiring.”

“get off.” What we appreciate as a good thing lawyers do is regarded as a bad thing by most of the public.

The public also doesn’t like that, in zealously and creatively representing clients, lawyers push the boundaries of the law, which sometimes results in court decisions that the public perceives as outrageous. Think 2.8 million dollar verdict for spilling McDonald’s coffee.

The lawyers in these cases did an excellent job advocating their clients’ cause. They did exactly what every person wants their lawyer to do when representing them. But the general public blames those lawyers, and in fact all lawyers, for causing a result that is inconsistent with the public’s notion of what is just.

Lawyers also suffer from the fact that most people use lawyers when something bad has happened or threatens to happen to them. So, even though lawyers are helping people in their time of need, lawyers are associated with negative life events.

Interestingly, like members of Congress, most clients like their lawyer.

(Most people might like their car salesman too.) Presumably, this is because their lawyer has helped them and has been fair and honest. They think their lawyer is competent, ethical and a good person. Yet, although the lawyer with whom they have had the most experience is good, the same people often think lawyers as a group are bad.

Continued on page 2

Berks Barrister | 1

Sometimes What Is Good is Bad. Continued from page 1

As part of the recent Berks Justice Hall of Fame Award Breakfast presented by the BCPS/Berks Connections, the Berks County Bar Association sponsored the Paul J. Hoh Volunteer Award. It was presented by President G. Thompson Bell, III to Hamid Chaudhry “for his outstanding community leadership, philanthropy and commitment to provide employment opportunities for individuals who need a second chance.” He is the owner of the Kenhorst, Exeter, and Berkshire Mall Dairy Queens, the Mustang Grill in Kenhorst and the Lukoil in West Reading, who was featured in a New York Times article headlined: “Good Will to All, With a Side of Soft-Serve.”

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There are times of course when lawyers, like members of every other profession, engage in conduct that rightly should be a black mark against the profession. But it seems that the public perception is at least equally the product of the good things that lawyers do. If our image problem was due entirely to bad acts by lawyers, it would certainly be distressing but not as frustrating.

Those attempting to disparage lawyers often point to Shakespeare for support, citing the line from Henry VI “let’s kill all the lawyers.”

This is another example of the public turning something good about lawyers into something bad.

Shakespeare’s exact line is: “The first thing we do, let’s kill all the lawyers,” was stated by Dick the Butcher. Dick was a follower of rebel Jack Cade, who thought that if he disturbed law and order, he could become king. In this context, this line is obviously intended to compliment the critical role lawyers play in defending law and justice. So, this literary passage intended to give a nod to the value of lawyers becomes a slur.

Well, what can we do about it? There is no easy answer to this question. We can’t shirk or change our responsibilities to the judicial system. The BCBA, as well as many other bar associations, has campaigned against the public’s negative perception of lawyers. These campaigns undoubtedly have boosted the image of lawyers in some respects but not enough to significantly move the needle on the gauge which measures the general public’s perception.

We can take every opportunity to explain to clients, friends, and relatives why lawyers do what they do, and why what we do is vital to protecting their rights, even if they are not involved in the case.

However, I’ve tried that, and I can’t report much success.

Probably the most effective thing we can do is to do our best for every client, every day. And to do it in a way that is ethical and civil. Hopefully, gradually more and more members of the public will not agree with Dick the Butcher.

NEW DEAL CONGRESSIONAL RETIREMENT

By Francis M. Mulligan, Esquire

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eriodically in the summer and autumn of 1962, I visited Don Sullivan. His son, Joe, a former classmate, had suggested I visit his dad.

Don lived in a modest house on the grounds of the Pennsylvania Psychiatric Hospital at Byberry. Growing up in Philadelphia there were two fully staffed places one wanted to avoid – Norristown Psychiatric Hospital and Byberry. Sullie, Don’s nickname, was the hospital engineer, but was not a P.E. or a college trained engineer. Well educated in New York, he drifted into engineering during the Great Depression.

He qualified as the hospital engineer based on 30 years in construction beginning with an extension to the New York City transit system. When he began working during the Great Depression, like everyone else, he started on public works projects.

Don and I periodically walked the hospital grounds. He checked on the many current construction projects. He had between 5,000 and 6,000 patients and several thousand employees including doctors, nurses, orderlies, aides, social workers, and tradesmen of all types that he felt responsible for.

He talked and I listened. His above board experiences with Congressman Bill Green’s attempt to dictate job titles for men he sent to Byberry for work prompted Don to talk about another congressman he met during the closing years of the Great Depression.

At the time Don co-owned a construction company.

His company, pooling resources with two other companies, shopped for federal work. With the economy in the toilet, debt laden contractors, saddled with idle equipment, explored all possibilities. Don, who fronted for the group, didn’t get a call from the Department of the Interior or the Works Projects Administration. His call came from a New York congressman who knew about the available projects and the effort by Don’s

Speaker Sam Rayburn

group to obtain work. They met on a New York street corner selected by the congressman. He was friendly and up-front about the projects.

“I think I can get a project for you. I have one question.

Does anyone in your group belong to America First?”

Don thought he could answer for the group. With Hitler’s Germany on the move in Europe and the future possibility of American involvement, Sullie, without verifying, assured the congressman that no one in his contracting group belonged to the isolationist organization, America First.

The congressman made it clear.

“You can’t get work with the Roosevelt administration if you support America First.”

Don reassured the congressman that none of his group belonged to America First.

In addition to the ideological inquiry, the no-name Congressman explained the good faith deposit.

“I need $5000 in cash to move this along. It’s nonrefundable. If you don’t get the work, you lose the money.”

Don, anxious to keep the crews employed and the equipment utilized, didn’t ask where the money went. Sullie’s group came up with the money. He made the cash transfer on a different New York City street. The Congressman didn’t count the money, but he did tell Sullie that he would have to meet the Speaker of the U.S. House of Representatives, Sam Rayburn. continued on next page

Berks Barrister | 3

NEW DEAL CONGRESSIONAL RETIREMENT Continued from page 3

Pennsylvania Psychiatric Hospital at Byberry

“He has to check you out.”

I can only imagine what Sullie thought—the same thing I thought and you, the reader are thinking. Before the Congressman introduced Sullie to Sam Rayburn, he told him: “Don’t mention money to Rayburn. He’s clean as a whistle.

He just wants to meet you. He might bring up America First.”

Don met with the legendary Speaker of the House of Representatives in Rayburn’s office at the Capitol. Mr. Sam didn’t talk about construction projects. He told Sullie about the thick carpenter’s pencil he kept in his pocket.

“I read all the bills, Don. If I see something I don’t like, I line it out with my pencil.”

He showed Sullie a bill he had corrected before he met with him. I don’t know how long the meeting lasted. Sullie never forgot Rayburn. He was so friendly and interesting and talked with Sullie like he was speaking to an old friend.

A month later the Congressman called again and they met on a New York street. Sullie’s group didn’t get the project. The Congressman explained why: “A man in your group belongs to America First. You didn’t know about him but, we found out about him. I’m sorry that we can’t do business with you.”

Because he knew the rules before he played the game, Don didn’t ask for a refund.

The Congressman returned to Don the same $5000 in cash.

4 | Berks Barrister

“We made an exception for you because you didn’t know about the man supporting America First. This is the only time we refunded money.”

Once Don put the money in his pocket, his suppressed curiosity got the better of him.

“Where’s the money go?”

“My share is a third.”

The Congressman told Sullie where the rest of the money went.

He couldn’t let it go.

“Where do you put the money?”

Sullie was a man you’d tell your deepest secret to. The Congressman told him.

“I have it in a safe deposit box in a rural bank under an assumed name. When I’m finished in Congress I’ll clean out the box and live on that money.”

Driving back to his home on the hospital grounds he told me the rest of the story.

“There’s a postscript.” Sullie said. “I read about the Congressman’s death from a heart attack he suffered walking on a New York street.”

“He never cleaned out the safe deposit box?”

“I doubt it. If he hid the key somewhere, and his family found it, how would they know what name he used?”

Sullie didn’t mention the congressman’s name and I didn’t ask.

Editor’s Note: Mr. Mulligan is a past president of the Berks County Bar Association and is a solo practitioner. His novel, Pepe Ramos’s Twice-Told Tales, is to be published later this year.

A VIEW FROM THE OTHER SIDE

By James E. Gavin, Esquire

“A jury is an impartial, unbiased tribunal which represents only the Goddess of Justice and Law and seeks to arrive at a just verdict in light of the evidence and the law. A jury does not represent either a dead man or any party to the proceedings, or anyone.”

—Petro v Secary Estate, 403 Pa. 540, 544, 170 A.2d 325, 327-328 (1961)

H

aving practiced law for more than twenty-five years, and having tried dozens upon dozens of cases in front of juries, I thought I had experienced pretty much everything that a jury trial had to offer. I have tried criminal cases in front of juries for both the prosecution and the defense. I have tried civil cases in front of juries for both the plaintiff and the defense. I have tried jury trials in Berks County and other counties in Pennsylvania. But never once did I have the opportunity to serve on a jury, that is until August of 2014.

I should start out by telling you that I personally think our jury system is probably the single greatest invention in our legal system. Regardless of how complicated our laws seem to become, the truth is that they are all based on the same set of core values that this country was founded upon. The concepts of liberty, justice, freedom, equality, and fairness are at the heart of our legal system and our government.

In many ways, a jury is truly government by the people and the embodiment of those concepts. A jury is a group of people that are all randomly selected. They are directed to set aside all passions and prejudices and to render a fair and just verdict. On many occasions, I heard Judge Albert A. Stallone give a jury one final direction before their deliberations – “Do justice.”

My experience as a juror began in late July when I received a jury summons. The summons advised me when I was due to serve and my sequence number. The summons also made it extremely clear that I should not ask to be excused.

Upon my arrival at the jury assembly room, I checked in and was given a questionnaire to fill out. After I completed the questionnaire, I sat quietly waiting for further instructions. I was struck by how quiet the room remained. The potential jurors all seemed to recognize that they had been called upon to do something important.

In a row or two behind me, a gentleman was complaining about the process in a hushed tone. I heard him say that he hated his job, but he would rather be there than serving on a jury. He also complained about the fee that is paid to jurors for service and, as far as he was concerned, the county could keep it.

A short while later, the jury room supervisor announced that we had been called to serve on a criminal case, and began assembling us to go to the courtroom. As we were heading to the courtroom, a tipstaff recognized me and chuckled, saying, “You’re not serving on any jury.”

As we arrived in the courtroom, I noticed the defendant was sitting at the defense table, with two deputy sheriffs in close proximity. I immediately assumed

that the defendant was in custody. I then began to wonder whether other jurors saw him the same way that I did. The courts go to great lengths to ensure that the jury is not aware that a criminal defendant might be in custody. In the end, are we only hiding the obvious? If so, what impression are we leaving on jurors about how truthful and honest the legal system is?

Counsel for the parties entered the courtroom after all the jurors were seated.

One of them I recognized and one I did not. My impression was that this was one of the first trials for the lawyer I did not know. Again, I wondered was this something that I noticed because of my experience, or did other jurors notice as well?

When the judge entered the room, all attention was focused upon him. I had always been under the assumption that jurors paid close attention to the judge and this appeared to be very true. It was my first time in a courtroom for jury selection when the judge was in front of me and not behind me. It was clear that he had everyone’s attention, including mine.

Once the questioning of the jurors began, my brief experience as a juror rapidly came to an end. After I answered one question that clearly gave rise to cause to strike me, the court advised me that I need not rise to answer any other questions. continued on next page

Berks Barrister | 5

A VIEW FROM THE OTHER SIDE Continued from page 5 As I reflected upon being struck for cause, I found it somewhat ironic. There is absolutely no question that there were objective reasons to strike me for cause.

That having been said, however, there is no question in my mind that I would have followed the court’s instructions as to the law, I would have set aside all passions and prejudices, and I would be a very fair juror.

It made me think, how many good jurors have I struck over the years for some arbitrary reason?

I have had the good fortune in my career to have heard Attorney George Lavin speak on several occasions. Attorney Lavin was a long time trial counsel for General Motors in defense of products liability cases. Attorney Lavin often spoke of a concept he called Silent Advocacy.

Silent Advocacy is everything that a lawyer does in a courtroom to advocate his case that does not involve speaking. The underlying premise of Silent Advocacy

is that the jury is always watching and sees everything. As a result, a trial lawyer is always advocating his case by the way he stands, the way he interacts with the court and others in the courtroom, and his facial expressions and body language. Everything is being watched, absorbed, and interpreted by the jury.

In my limited experience as a juror, I can say Attorney Lavin was right. I saw so much that went far beyond what the judge or lawyers were saying. Everything that happened in the courtroom left some impression upon me about the case to be tried.

I can only hope that this limited experience as a juror will make me a better trial lawyer. Overall, I have come to one conclusion. We often speak of jury service as a civic duty and that may be accurate, but there is more. In this country, jury service is truly a privilege of citizenship.

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Berks Barrister | 7

Cleopatra

By William W. Runyeon, Esquire

As the last ruler of the last dynasty of Egypt, Cleopatra remains a compelling subject.

With surpassing beauty, intelligence, and determination, from a world vicious in its turmoil, her odyssey, and her passing, live as a source of legend, literature, and inspiration. By her time, Egypt had become a vassal state, of fitfull wealth, to the Rome that had laid waste to Carthage, surviving with a marginal army, periodic plagues and pestilence, and a grand history she invoked with all the drama of her eminence as earthly goddess, and queen.

As tradition required, she married her brother, but ran things herself, childless, in her realm unstable. Her apparent salvation came as Julius Caesar’s mistress; she bore him a son, and returned with him to Rome.

She was no favorite of the Roman aristocracy.

The fury over Caesar’s assassination culminated in a brutal civil war, and drove her, deprived of his protection, back to Egypt, where she aligned herself with Mark Anthony, as his mistress and co-ruler, bearing him three children, and defending her throne through the crisis of her sister’s death, on the temple steps, by her order.

8 | Berks Barrister

With Mark Anthony eventually defeated, and dead, Octavian, warrior and intriguer, was the civil war’s last man standing; soon to be proclaimed Caesar Augustus, he would have none of her.

With no magic, or deception, or champion left, Cleopatra died by her own hand, tradition says by snakebite, but others say by poison, at the age of thirty-nine.

Following upon as harrowing and eventful a life as ever a queen, or goddess incarnate, could have been inspired to live, her son,

by Julius Caesar, was put to death; and her children, by Mark Anthony, were spared, and raised by his wife.

Pagentry, savagery, betrayal, the weighing of odds and hopes and chances, choices made, full of heart, and of political expediency, commitment to save the dynasty, conviction it could only be saved through her, came to an end.

I suppose, she died like a queen.

At least Mark Anthony’s wife Octavia, sister to Caesar Augustus, saved those of her children who could be saved.

Ann & Chris Kraras to be Recognized with Kline Award

W

ith its namesake having set such a high bar, who should be the next recipient of the Sidney D. Kline, Jr. Award for Outstanding Community Service?

The Law Foundation of Berks County has announced that the 2014 Award is being presented to Ann and Chris Kraras at the annual Holiday Benefit Luncheon hosted by the Reading Chapter of the Pennsylvania Institute of Certified Public Accountants and the Law Foundation. The luncheon will be held on Friday, December 5, at the Crowne Plaza Hotel, Wyomissing, PA. As shared by Law Foundation President John J. Speicher, “Ann and Chris lead by example. They are the warmest and most generous people I know. If anyone should follow Sid in receiving this award, it is Ann and Chris.”

Chris G. Kraras is a graduate of Reading High and Albright College, having also earned a master’s degree from Kutztown University. After teaching political science for ten years in the Daniel Boone School District, he retired from teaching to devote time to a number of family businesses in New Jersey and Reading, most notably White Star Tours and White Star Travel Center.

A former member of the board of directors of Alvernia College, Chris currently serves as a member of the board of trustees of Albright College and is chairing its Campaign Committee. In addition to being a member of the boards of Fulton Bank and Reading Health Systems, he is chair of the board of directors for Berks Encore. He is also a member and ex-chair of the board of the Greater Reading Convention and Visitors Bureau and a member of the Penn Corridor Initiative.

He presently serves as the chair of the board for the United Way of Berks County and, along with Ann, chaired the 2008 Annual Campaign.

Chris has received numerous honors, including the Outstanding Philanthropist Award from the AFP Berks Regional Chapter in 2011, induction into the Junior

Achievement Business Hall of Fame, and the 2013 Eugene L. Shirk Community Builder Award from BCTV, along with special recognitions from the Salvation Army and, with his wife Ann, Berks Encore.

Ann Kraras is a graduate of Governor Mifflin High School, East Stroudsburg University (BS in elementary education) and Kutztown University (MS). She taught in the Governor Mifflin School District until their first child was born, and she then became an active volunteer in the Wilson School District. She served as a Good News Club teacher.

Her voluntarism extended into the community through her membership in the Junior League of Reading, chairing various committees, including the Town Hall Lecture Series. She served as League president in 1994-1995. Ann has served on the board of directors for the Berks County Food Bank, Reading-Berks Conference of Churches, Berks Chapter of the American Red Cross and the United Way of Berks County. She currently serves as a Peace Trust Partner for Berks Women in Crisis.

Ann and Chris have two children, Dean and Marisa Kraras Hunsicker, and seven grandchildren.

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Berks Barrister | 9

Book Review PICKING COTTON Reviewed by Jill M. Scheidt, Esquire

“H

ow do eleven years pass when you are locked up for a crime you didn’t commit? I couldn’t begin to imagine. For me, they were eleven years measured in birthdays, first days of school, Christmas mornings. Ronald Cotton and I were exactly the same age, and he had had none of those things because I picked him. He had lost eleven years of time with his family, eleven years of falling in love, getting married, having kids … the guilt suffocated me.”

These are the words of Jennifer Thompson, who at age 22, while a college senior in North Carolina, was raped at knifepoint in her apartment in July 1984.

She kept her wits about her and willed herself to focus on her perpetrator’s facial features, the sound of his voice, his clothing. She tried to win his trust and keep him talking so she could convince him to put his weapon down and figure out how to escape. She tried to outsmart him. She convinced him to put the knife outside so she could relax, intending to call 911. She didn’t know that he had already cut the phone lines when he was in her apartment before he awakened her, going through her purse, her wallet, her photographs. She watched him put on his shoes, wrapped a blanket around her body, slipped in the bathroom and turned on the light, catching a glimpse of his face.

Afterwards, she stood next to him for a few minutes, in dim lighting, studying his

10 | Berks Barrister

features. He commanded that she turn on the stereo and asked her to fix them some drinks. She went into the kitchen and recited in her mind that this man was a light-skinned black man, wearing dark khakis, a blue shirt with white stripes on the sleeve and canvas boat shoes, with white knit gloves on his hands. While she was in the kitchen, she pretended to fix drinks for them, and then escaped out the kitchen door into her backyard, finding refuge with a neighbor.

While she was in the emergency room, she heard another woman crying; she had also been raped and the police told Jennifer that they thought it was the same perpetrator. Within hours, after a sleepless night and a rape exam, she started working with a composite sketch artist to recreate the face of her rapist. After an hour and a half, Jennifer had a face that was close to who she recalled. It wasn’t quite right, but it was as good as she could do. The police were happy. The other victim couldn’t identify him so Jennifer was determined to do a good job. The police department released the composite to the local news.

To add to Jennifer’s nightmare experience, she had to submit to another rape exam at a different hospital within 24 hours.

Within days, the police showed Jennifer six photographs and stood behind her, telling her not to feel compelled to make an identification, but to take as long as she needed. They told her the

suspect may or may not be included in the photographs. As Jennifer said, “the stakes felt awfully high.” She assumed that the suspect was in one of these photographs.

Why else would they want her to come in? She pointed to the photo of Ronald Cotton and said, “I think this is the guy.”

The detective said, “You think that’s the guy?” and she answered, “It’s him. I am positive.” She felt tremendous relief.

Eleven days after the assault, Jennifer was called in to do a physical lineup. She was shown seven black males of similar appearance. Although she was told not to feel compelled to make an identification, she felt tremendous pressure to identify one of them.

Nothing prepared her for what she walked into. She was lead down a corridor to a basement room where seven black men were lined up against the wall.

The only thing separating Jennifer from the men was a conference room table.

Apparently, this had been in a transitional building as the new police station was being built. She was sick with fear. She heard each man repeat the words that the perpetrator used during the assault, “Shut

up or I’ll cut you! Hey, baby, how ya doing?

Your man’s over in Germany. It’s been a long time.” Jennifer said the words hit her like a punch to the stomach. Although she didn’t want to make eye contact with any of them, she tried to concentrate.

She narrowed her identification between numbers 4 and 5 and asked them to repeat the procedure. She felt such terror when she heard number 5 say the words and believed that she recognized him, so she identified number 5. After leaving the room, the detective told her that it was the same person she picked from the photos.

Everyone was so proud of Jennifer. There were so many others who never got this far, she was told, and his name was Ronald Cotton.

Ronald Cotton’s story was similar to that of many poor, black, southern men.

He grew up in the projects in a large family headed by a single mother. He had a criminal record and he was known to the police. Ronald voluntarily submitted to an interview within days of the assault on the two women, trying to straighten everything out. That was the last time he walked anywhere as a free man for the next eleven years. He was immediately placed under arrest for the rape of Jennifer and the burglary of her apartment. He refused counsel, saying he didn’t commit any crime. When asked where he was the night of the rape, he mistakenly recounted what he had been doing on a different night. He didn’t realize his mistake until he told his family about his alibi. His mother and sisters saw him sleeping on the couch the entire night of the assaults but Ronald had confused his weekends, which meant that the alibi he gave the police was not accurate. His lawyer told him that the mistake in the alibi was going to look like he was lying and encouraged him to negotiate a plea bargain but Ronald refused. He maintained his innocence and never waivered. However, after a jury trial in January 1985, he was convicted and sentenced to life in prison plus 50 years.

Within months of being sentenced to the state penitentiary, Ronald met another inmate who was intriguing to Ronald because he matched the composite picture created by Jennifer. Ronald introduced himself to Bobby Poole. Bobby Poole was in for raping other women. A year after the

Jennifer Thompson-Cannino and Ronald Cotton addressing a rally in Savannah, Georgia

trial, Bobby Poole, still incarcerated, made admissions to other inmates that he raped Jennifer Thompson. They did have a similar appearance; even the prison guards couldn’t tell Poole and Cotton apart at times. In an odd twist, Ronald was able to have a photograph taken of himself and Bobby Poole together which he mailed to his lawyer thinking it might help on appeal.

At the beginning of his second year in prison, the Supreme Court of North Carolina overturned the conviction allowing for a new trial. The court found that it was an error that the evidence about the other rape, namely the fact that the victim couldn’t identify Ronald Cotton, should have been allowed as evidence in the trial. Three and a half years after the fact, the second victim said she recognized Ronald as the man who attacked her.

She claimed she knew it was Ronald all along but had been too afraid during the lineup to identify him so he not only had to stand trial for the rape of Jennifer Thompson, he had to stand trial for the rape of Mary Reynolds. His trial attorneys brought Bobby Poole to the second trial as well as another inmate to whom Poole had confessed. Although the judge allowed the testimony of these defense witnesses, he did not allow the jury to hear the testimony. The trial judge didn’t believe any of the evidence incriminating Poole. At the second trial, the victims positively identified Ronald Cotton and the prosecution played on the fact that he

was a black man who had dated white women in the past. Ronald Cotton was convicted of both rapes at the second trial. He was sentenced to two life sentences plus 54 years.

Ronald Cotton spent some difficult years in prison, defending himself against sexual assault, violence and misdeeds at the hands of fellow inmates and guards. His appeals failed, his family members fell ill, and life went on without him. Then, in 1994, came the infamous O.J. Simpson case which brought to the forefront DNA testing. His appeals counsel personally visited Ronald in prison to discuss the possibility of presenting a motion for DNA testing. They wanted to tell him the risks of requesting a DNA test. As they put it, “If that DNA testing puts you there, there is not a judge in the world that is going to grant our motion.

It’s over. You’re going to stay here. You told us you were innocent and we believe you. But you can never really know as a lawyer. Only you know. We’re just here to see what issues we can raise for you. It’s fish or cut bait time. Do you really want us to pursue DNA testing?”

He insisted on the DNA test, which ultimately led to Ronald’s exoneration and Bobby Poole’s confessions to both assaults. Ronald retells his final hearing with incredible feeling. His attorneys continued on next page

Berks Barrister | 11

Book Review Continued from page 11 had obtained a special exception to allow him to walk out of court rather than return to prison for processing. They, who had worked on his appeal for the final three years, said “Ron, it is our great pleasure to end our representation of you today. We’ve been working on this case for three years, and we never dreamed it would turn out like this … In our careers, you don’t see an injustice like this made right against all the odds.”

Jennifer was shocked to learn of her error. How could she have been in the same room with Bobby Poole during the second trial and not recoil from the recognition of him? She felt as if everything she staked her life on, how she made sense of what had happened, fell through a trap door.

During various TV talk show appearances, when Jennifer and Ronald were kept separate, Ronald made it publicly clear that he forgave Jennifer and the police for the mistake and he just wanted to know why she had identified him and why no one believed him when he expressed his innocence. He thought often of the others he’d met in prison who expressed their innocence who had lost hope because there was no DNA evidence to test. Ronald said during a broadcast two years after his exoneration, that he wondered why he never heard from Jennifer. He said, “I would like to hear what she has to say—in her own words to me.” At that point, Jennifer was ready to apologize in person.

The apology was the beginning of a close friendship that lasts to this day. Together they lobbied the North Carolina legislature to pass a bill allowing for exonarees to receive financial compensation for wrongful conviction and incarceration. In fact, Ronald was the first North Carolina resident to receive such compensation. Jennifer channeled her energies into becoming a lay therapist to help families at risk for abuse, those seeking or ordered to take parenting classes. Also together, they have authored PICKING COTTON Our Memoir of Injustice and Redemption with Erin Torneo.

Ronald and Jennifer have received invitations to speak at events across the country about her mistake, his conviction and ultimate exoneration. They freely shared their story and continue to do so. I heard them speak at the Pennsylvania Bar Association Family Law Conference in Cambridge, Maryland in July 2014.

I was fortunate to have breakfast with them. Ronald was very quiet. Jennifer doted on him like a wife of many years, worrying about him oversleeping. They signed my copy of their book and were interested to hear about my practice representing criminal defendants. They asked me if Pennsylvania has a best practices standard for identification of defendants. During their talk, they discussed memory and how Ronald’s exoneration sparked changes regarding law enforcement’s handling of eyewitness identification.

The detective who led the rape investigation in 1984 later led his department to become the first in the state of North Carolina to mandate sequential lineups and double-blind procedures, where the lineup administrator is not the investigating officer and therefore, doesn’t know which picture or person is the suspect and thus, cannot provide any unintentional cues.

For those of you who think this is a left-wing, granola-crunchy

12 | Berks Barrister

cause, heed this: Bobby Poole raped six more women before being incarcerated after Jennifer identified Ronald Cotton. Conviction integrity is everyone’s business.

Over the years, Jennifer immersed herself to find an answer.

How had she been so wrong? What she learned is that memory is easily contaminated. A witness will pick the “next best one” if the correct one isn’t in the lineup. Since Ronald was the only person in both the photo and live lineup, his face was more familiar than any other. Then seeing him in court verified her choice. His face eventually replaced the original image of Bobby Poole. It’s called “unconscious transference.” Interestingly, Ronald’s trial lawyer had called a memory expert to testify at the faulty identification at both trials but the trial judge disallowed his testimony both times.

The Pennsylvania Supreme Court recently addressed this very issue in Commonwealth v. Walker, 92 A.3d 766 (2014), holding that the admission of expert testimony regarding eyewitness testimony is no longer per se impermissible, joining the vast majority of jurisdictions which leave the admissibility of such expert testimony to the discretion of the trial court. This ruling overturns the long-standing precedent which held that expert testimony concerning eyewitness identification was inadmissible.

The majority opinion, authored by Madame Justice Todd, cites multiple studies which reveal various findings that support our ability to identify strangers as proverbially untrustworthy.

They include a phenomenon of “weapons’ focus,” the reduced reliability of identification in cross-racial identification cases, the significantly decreased accuracy in eyewitness identification in high stress/traumatic criminal events, the increased risk of mistaken identification when police investigators do not warn a witness, prior to viewing a photo or lineup, that the perpetrator may or may not be in the display, and the lack of a strong correlation between witness statements of confidence and witness accuracy.

The dissenters, Chief Justice Castille and Justice Eakin, suggest instead that the better “course is to revise and enhance the standard jury instruction on identification evidence.” But, as any seasoned trial attorney knows, effective testimony of a witness makes a far greater impact than the monotone reading of lengthy, boring jury instructions.

The story of Ronald Cotton’s conviction and exoneration is, on the one hand, old news. Hundreds of defendants have been released since DNA testing has become mainstream. What is novel is the story of forgiveness and Ronald’s faith in God which led to a loving friendship with his accuser.

Together they have changed the North Carolina system, for the better, so justice can prevail.

Jill M. Scheidt, a partner at Masano Bradley, is a past president of the Berks County Bar Association.

Her practice includes criminal defense.

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Berks Barrister | 13

Remembering the

Ehrlichs Leon Ehrlich and Elizabeth Lewinski were married in November 1956. Subsequently, the two formed the law firm of Ehrlich & Ehrlich and practiced together until 1983 when Betty was elected to the Berks County Court of Common Pleas. Leon died on November 27, 2013, and less than two months later, Betty passed away on January 21, 2014. Both had made quite an impact on the legal profession and the community.

As a special tribute to the Ehrlichs, remembering their life and legacy, what follows are two speeches given at the Memorial Service held in the Berks County Courthouse on October 10, 2014. The remarks were delivered by Susan E. B. Frankowski, Esquire, and the Honorable Arthur E. Grim. In addition, we have included special remembrances from their son, Nathaniel Ehrlich, Esquire, on his father’s case before the United States Supreme Court, and from Cathy M. Badal, Esquire, who, as guardian ad litem, appeared before Judge Ehrlich in dependency court.

Teaching the Art of Practicing Law

By Susan E. B. Frankowski, Esquire

I was adopted by the Ehrlich family thirty-four years ago— at least that is how it feels to me.

In 1980 I was new in town, and I... needed... a job. So...

I put on my very best lawyer suit and literally began knocking on doors. One of those doors was at 146 North Sixth Street, the offices of Ehrlich & Ehrlich. I was told that Elizabeth Ehrlich, one of only a handful of female attorneys in Reading at the time, might just hire me. And she did.

So I began as Mrs. Ehrlich’s little project and was barely noticed by Mr. Ehrlich. He acknowledged my existence by a nod of his head or maybe “hello,” but nothing more.

You see, at the time Mr. Ehrlich (as he was alwavs, alwavs known to me) had been practicing law longer than I had been on this earth, and he was still in the midst of his very busy practice primarily representing multiple labor unions in their heyday: the Electrical Workers, the Carpenter's Union, the United Food and Commercial Workers, Plumbers and Pipefitters and Roofers, to name just a few.

Mr. Ehrlich was tenacious, at times ferocious, and completely at home hammering out the details of a union contract. The air inside the conference room at 146 North Sixth Street was

14 | Berks Barrister

frequently thick with blue smoke as labor agreements were being negotiated. Voices would be raised, doors would slam, people would spill out onto the sidewalk, and then return. More doors slamming, and so on... and Mr. Ehrlich loved it: the bowties, the politics, cigars, powerful men and thousands of workers all part of the equation.

Perhaps the crown jewel in all of this was when Mr. Ehrlich argued the Richland Shoe case before the United States Supreme Court in Washington, DC in 1983 with his entire family in attendance.

So it was little wonder that Mr. Ehrlich failed to really notice me.

It was only after Mrs. Ehrlich became Judge Ehrlich in 1984 that Mr. Ehrlich noticed I was still hanging around the office, hoping to collect a paycheck. I swear it took him a good six months or more to pronounce my last name correctly. I was Ms. Frankowitz, Ms. Frankoviak, Ms. Frankhouser, you name it...

The first thing I ever remember him asking me to do was to get a copy of a deed from the Courthouse. “Could I do that?”, he asked. “Why yes!” I replied.

And so it began. Could I file something at the Prothonotary's office? Yes! Research a legal issue? Yes indeed! One thing led to another and over a period of years our relationship slowly grew from this humble beginning.

Mr. Ehrlich became a mentor to me in the truest sense of the word, and also became a father figure. He “brought me up,” so to

speak, in the old school ways: - your word is your bond; - always be prepared; - always be on time; and - always respect the Court and other attorneys.

He always demanded the best from himself and from me.

He was very, very tough, but there was a clear message— and I got it. Many of you know that Mr. Ehrlich loved to grow roses at home and in the summer he would bring them in to the office and place one or two on my desk in the morning. I loved it and thought that I was really special, until I realized that there were suspiciously similarlooking, beautiful roses all over downtown Reading: at the Prothonotary’s office, American Bank, the Register of Wills, various title companies and various Judges' chambers. Maybe I was not all that special after all, but I certainly loved those roses on my desk.

Mr. Ehrlich taught me about Jewish traditions and feasts along the way. He was immensely proud of his wife as a Judge but is somewhat famous for the wooden signs which he personally carved stating “This is not your Courtroom” that were on display at his home in Wyomissing and at the Hill Church farm.

The “R” word—retirement—was not in his vocabulary and as far as I know, swear words weren't, either. Even after

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Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct 40-some years in practice, Mr. Ehrlich still appeared in the office daily at 8:00a.m. and did not leave until 6:00 p.m. A fellow attorney once asked me in jest if Mr. Ehrlich was still trying to make partner, but the fact is that he loved the practice of law and on Monday through Friday there was no place where he would rather have been than in the office.

I will share one last funny story which is a joke that judge Ehrlich and I shared over the years. Whenever she would hear from a colleague that I had somehow managed to do something well or noteworthy in my practice, the Judge would tell me about it and then say she had taken all the credit by claiming she taught me everything I know. We both had many good laughs over that.

But the truth is, that while Judge Ehrlich gave me a tremendous opportunity when she hired me, it was Mr. Ehrlich who really did teach me everything I know about the art of practicing law. I am ever grateful. I miss them both. continued on next page

James C. Schwartzman, Esq.

• Member of the Supreme Court of Pennsylvania Judicial Conduct Board • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants Legal Malpractice Law 1818 Market Street, 29th Floor • Philadelphia, PA 19103 (215) 751-2863

Berks Barrister | 15

Remembering the

Ehrlichs Continued from page 11

Elizabeth Ehrlich was elected Bar Association Treasurer in 1963. A review of the records would indicate that she was the first female officer of the Association. Also elected that year were Russell L. Hiller (with the Medallion) as President and Donald K. Bobb (upper right) as Secretary.

Leon, Ned, Bill, Nancy, Steve and Judge Ehrlich at her 1984 Swearing-In Ceremony.

The Grammar Cop

Outnumbered,

By The Honorable Arthur E. Grim

But Not Outwitted

I am honored and privileged to have been asked by Judge Ehrlich’s family to take a few moments to memorialize Elizabeth Ehrlich and to weave a verbal tapestry of this remarkable woman who I was privileged to call my colleague, mentor and friend.

I must start by acknowledging my limitations and apologizing for any grammatical errors that creep into my remarks since I didn’t have the benefit of Judge Ehrlich’s review of my comments.

As her secretary of many years, Linda or Gloria or any of her Law Clerks could tell you she was the ultimate grammar cop and it was virtually unheard of for a letter or opinion not to be reworked by her 2 or 3 times, or more.

Was Elizabeth Ehrlich perfect? Of course not, none of us are. Any of us who had the pleasure of eating one of her home cooked meals can attest that was not the fact, but in virtually every aspect of her life she set the standard for excellence. She was a caring and loving wife, mother and grandmother. I mention this first because family was paramount to Judge Ehrlich. Her entire family justifiably was her pride and joy. All of you today have heard what an extraordinary man Leon Ehrlich was. In their 57 years of marriage theirs was a partnership of equals in every sense of the word. Two extraordinarily talented, intelligent individuals, each with a mind of their own living and working under the same roof clearly must have presented some challenges but in the spirit of true love – which is to give and not take- they clearly gave each other the freedom to develop their own talents as they chose and to make a difference in the world. Their pride in each other was evident. Each of their children are with us today

By Nathaniel E. P. Ehrlich, Esquire I and my siblings all share one impression of Dad’s successful appearance before the United States Supreme Court in the Richland Shoe case, and that is the visual of our father sitting by himself at one table in his best suit and bow tie (I had not been admitted long enough to join him) and across from him was the table full of government lawyers in their full regalia consisting of “morning coats”. It looked like ten against one, but once the questioning began, he obviously more than held his own.

My other memory of that historic event took place in my father’s office. I happened to be in his office when he received “the call” from the Clerk of the US Supreme Court. I obviously only heard one side of the call, my father’s. It was clear that my father was being advised that his case had been scheduled for oral argument and that he was expected to be there to argue the case. My father, in his inimitable way, was telling the clerk that he was not coming as he had already told them all they needed to know in his filings. However, it was becoming clear from his frustration that whomever was on the other end of the phone was having none of that. I watched as my father begrudgingly took notes regarding protocol, timing, etc.. My father rarely lost an argument, but in this instance I am glad he did because we all got the experience of a lifetime.

16 | Berks Barrister

and they all are quite special in their own right. Ned is assistant general counsel for the NFL players association; Bill, who I have had the pleasure of working with has a fine legal mind and is associated with the Lehigh Valley Law Office of Kevin Foggerty, Nancy is also an attorney in Boston, Massachusetts; and Steve, who amazingly is not an attorney, has still done pretty well for himself and is president and CEO of First Priority Bank. In recent years if you wanted to see Betty glow with pride all one had to do was ask her about her grandchildren – Brittney, Emily, Julie, Thomas, Ellen, Helen and Ann. Judge Ehrlich not only enriched her family but her community and her profession as well. It is helpful to think of this in the context of her times. Almost half a century after large numbers of women in the United States began to assert their rightful place in society we still have quite a way to go. Change is never easy and change and comfort do not coexist, but as we focus today upon the life and accomplishments of Elizabeth Ehrlich let each of us reflect for a moment upon how difficult it was to be a trail blazer at that time in our history.

Judge Ehrlich was born in the Bronx, New York on May 27, 1930 the devoted daughter of Ann and Julius Lewinski.

She graduated in 1947 from Hunter College High School in Manhattan.

She then attended Bryn Mawr College, graduating magna cum laude in 1951 majoring in Political Science. While at Bryn Mawr she worked as a volunteer on the successful Philadelphia mayoral campaign of reformer Joseph Clark. In 1954, she graduated from Yale Law School where she was the recipient of the Colby Townsend Memorial Prize for legal research. She was one of 4 women in her graduating class of 200 students. She was taught by a number of professors who had actively opposed women’s admission to Yale.

After Law School, Betty applied for positions with law firms in New York City where she was often asked if she could type or was told flat out “your resume is impressive but we don’t hire women.” And so she decided to move to Philadelphia because of what she felt was its Quaker tolerance.

She was hired by the City Solicitors Office and worked closely with the Health Department whose function encompassed

many of the same functions as today’s Children & Youth Services. There, through friends she met, she fell in love with Leon Ehrlich. Leon was working for the state Attorney General in Harrisburg – she in Philadelphia. It was a long distance relationship and one weekend she was sure they were meeting in Harrisburg – he just as sure it was Philadelphia. I don’t think they ever settled that “difference of opinion” but perhaps the ultimate

resolution was to marry – which they did in November 1956 and from 1960 to 1983 she was a partner with Leon in the firm of Ehrlich & Ehrlich where she specialized in Family Law and Trusts and Estates. I can only imagine how busy, and at times hectic, these years must have been as she balanced the joy and responsibility of family – including giving birth to and raising 4 children, the practice of law, as well as significant involvement in her continued on next page

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Berks Barrister | 17

Remembering the

Ehrlichs Continued from page 11

community. Her community involvement lasted throughout her life and included membership on the board of directors of the Reading Hospital and Medical Center, The Highlands at Wyomissing, The Children’s Home of Reading, Big Brothers/ Big Sisters of Berks County, United Way of Berks County, Berks County Intermediate Unit and Bank of Pennsylvania. She was elected to the Wyomissing Area School Board serving from 1971-1983. Judge Ehrlich was also one of the Founders of Affinity Bank of Pennsylvania.

In 1983 there were two seats open on the bench in Berks County. Betty, Cal Lieberman and I, along with 9 other lawyers (AKA gang of 12), vied for those positions. Betty and Cal foreclosed the election at the primary when each received both the Democratic and Republican nominations. During the campaign Judge Ehrlich had stated that Berks County needed a family court to deal with divorce, custody and child support cases. After her election, the Family Court Division of the Berks County Court was established and she served as its first Administrative Judge from 1984 to 2000. Let us once again put this in perspective. In the 200+ year history of the Bar of Berks County she was the 6th woman to be admitted on April 4, 1960 and it was to be 8 more years until the next woman, Jeraldine Kozloff, was admitted. She was not only the first woman Judge in Berks County; she was one of the first outside of the metropolitan areas of Philadelphia and Allegheny County. There must have been some trepidation on

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her part when she attended her first Board of Judges meeting, but, by her own telling, that concern immediately vanished when then President Judge W. Richard Eshelman presented her with a coffee mug on behalf of all the judges which read “The best man for this job is a woman.” She proved them right.

Betty served in her judicial capacity the same way she served elsewhere – with total devotion to her work and a deep understanding of her role. Her reputation in domestic relations non-support court was legion. She was tough on dead beat dads (or dead beat moms) and beware the defendant who appeared in court wearing gold jewelry. At that point, the color in her neck would rapidly turn red and those in the know realized it was only a matter of time before the defendant would be up the proverbial polluted tributary with no visible means of propulsion. Judge Ehrlich’s reputation in Family Law was widely respected throughout the Commonwealth. Many of her opinions were cited and relied upon. For years she and Judge Larry Kaplan of Allegheny County lectured fellow judges as well as members of the Domestic Relations Association of Pennsylvania on the state of the law.

Her greatest passion, however, lay in the area of Juvenile Dependency. She was responsible for the Guardian Ad Litem program in Berks County. She co-founded the CASA program in Berks County. She was not afraid to go toe to toe with any person or organization that she felt was losing sight of the polestar that guided her – and that was her deep concern for children and her ability to see the world from their point of view.

Additionally, long before the Adoption & Safe Families Act, Betty recognized the tendency towards “foster care drift” and saw how damaging it was to children. Her consistent focus from the bench was on timely pursuit of permanence for kids in foster care. She anticipated the concept of “aggravated circumstances” and “concurrent planning” by noting parents’ histories as well as their current issues at dependency hearings and then tailoring placement plans and reasonable efforts requirements to individual cases.

She also anticipated the multi-ethnic placement act and made sure there were no ethnic or racial banners to adoption.

She welcomed non-traditional adoptive families. Judge Ehrlich was recognized for her dedication by many organizations including the Girl Scouts take the Lead Award, the Pennsylvania Domestic Relations Award for dedication and service in child welfare, the YMCA of Berks County Trend Setter Award, and the Berks Women’s Network Beacon Award to name only a few.

I cannot conclude my remarks about my friend without noting her reputation for punctuality – actually I never knew her to be on time – not once! I used to kid her that she would be late for her funeral. Actually she proved me wrong that time and as a result we all have lost.

In conclusion, all of us, including thousands of children in Berks County, have been blessed to have this remarkable woman live and work – to be a change agent and quiet dignified trail blazer in this community.

To close, I would like to quote the works of the Chilean poet Gabriela Mistral who said: “Many things we need can wait. The child cannot. Now is the time his bones are formed, his mind developed. To him we cannot say tomorrow. His name is today.”

Elizabeth Ehrlich knew that, believed that and acted on that and as a result this county is a much better place. Thank you.

A Final Lunch with the Judge

By Cathy M. Badal, Esquire On January 9th, less than two weeks before she passed away, Sharon Scullin, Wendie Ziegler and I had lunch with Judge Ehrlich. We planned to meet at noon, and at 12:30 we watched through the windows of the restaurant as the Judge – barely tall enough to peer over her steering wheel – drove by, still looking for a parking space. She finally arrived at about 12:45, just when we expected her!

The fact that we were having lunch with her years after we

had practiced in front of her was not only a measure of our respect for her – she had been a mentor to each of us – but also a reflection of how much we simply enjoyed her company. All of the characteristics that made her an exceptional judge also made her a wonderful friend – her ability to listen and really hear, her keen intelligence, and, most of all, her warmth and generous view of the world.

For a few hours, we reminisced about the old days in dependency court, and we asked her advice on some of the new challenges that we’re facing. As Judge Grim pointed out, she had an uncanny ability to see things from a child’s perspective, and we really valued her opinions, which were always grounded in common sense. We also shared news of families and friends, and we laughed a lot at her pull-no-punches observations.

In short, we had a great time, and it breaks our hearts that it was the last lunch that we’ll have together. Judge Ehrlich had an immeasurable impact on every life that she touched, not the least of which were the children in her courtroom, for whom she was a champion. She will always be our role model and our inspiration.

Berks Barrister | 19

PRO BONO CELEBRATION On October 21, as part of national Pro Bono Celebration Week, the Berks County Bar Association recognized its Pro Bono Team members with a luncheon, an afternoon of free seminars and a concluding reception. Thank you for helping those in need.

Pennsylvania Bar Association Pro Bono Coordinator David Trevaskis presenting the 2014 PBA Pro Bono Award to Larry Valeriano

Jaime Wertz, Ken Goodman, President Judge Yatron, Past President Fred Hatt and John T. Forry

Rebecca Bell, Vice President Jill Koestel, President Tom Bell, President-Elect Jesse Pleet and Jim Rothstein

Judy Kline and Kathleen Dautrich

GOVERNOR AND HIS ROUNDTABLE (Clockwise from far left): Jim Lillis, Joan London, Zone Governor and Past President Terry Weiler, Treasurer Eden Bucher, Allen Shollenberger, John Muir, Debbie Sottosanti and Rick Guida ADA Colleen Dugan and John Muir Past President Ed Stock, Mike Boland and Colleen Normile QUITE A GALLERY (Clockwise from front left): Zach Morey, Dave Miller, Chad Rick, Jesse Kammerdiener, Jay Tract, Aaron Bell, Scott Jacobs and John Grenko

Board Director George Gonzalez and Richard Grimes

20 | Berks Barrister

Spotlight on New Members

By Donald F. Smith, Jr., Esquire

Jessica Brown has joined the Public Defender’s Office as an Assistant. The former recipient of the Fox and Francis Seidel Scholarships earned her undergraduate degree in music at Florida Southern College and her law degree at the Dickinson School of Law of The Pennsylvania State University. For hobbies, Jessica enjoys music and theater.

JESSICA BROWN

Another Dickinson grad is Matthew H. Kita of Stevens & Lee. After completing his undergraduate work at Penn State and before law school, he worked as a financial analyst at Lockheed Martin in New Jersey. His work background also includes being an associate in the International Corporate Tax Planning Group at KPMG in Philadelphia. At Stevens & Lee his practice is corporate law. Matthew is married to Amanda Miller Kita, and his hobbies include golf, CrossFit, soccer and time on the beach.

The newest attorney at Prince Law Offices, P. C. is David Cohen, an ex-Philadelphia Police Officer.

He has a BS in criminal justice from Delaware Valley College, an MBA from Eastern University, a JD from Thomas M. Cooley and an LLM in Trial Advocacy from Temple Beasley School of Law. In the past he has been a Pro Bono Child Advocate with the Montgomery Child Advocacy Project, a Special Assistant Public Defender in Montgomery County and a volunteer attorney with the Chester County District Attorney’s Office. His current practice areas are criminal, family and civil. The father of 8-year-old Madeline, David enjoys working out and movies.

DAVID COHEN Timothy P. Malloy is a graduate of The Pennsylvania State University and Duquesne Law School as well as having an LLM in Taxation from Georgetown University. He is practicing in the Business, Finance and Creditors Rights and Tax Groups at Barley Snyder. Before going to law school, Tim worked as a financial advisor. He and his wife, Elisa, are both 2004 graduates of Wyomissing Area High School.

Berks Barrister | 21

Berks Women in Crisis will be honoring Doug Rauch, of Georgeadis || Setley, with the Voice for Change Award as part of its Celebration of Peace in December.

Doug has been a long time member of BWIC and a former president.

Soc Georgeadis and Kerry Engle were married on October 18. Soc is a partner at Georgeadis || Setley.

Mike Wieder made the big screen! On Latino Night at the Reading Fightin Phils Mike threw the first pitch, representing the BCBA who was a sponsor of the event.

BCBA Past President Fred Mogel, of Mogel, Speidel, Bobb & Kershner, won the Trap Championship at the Maidencreek Fish & Game Club with a score of 99/100.

After completing a successful term as chair of the Call Committee at St. John’s Lutheran Church in Sinking Spring, George Balchunas, of Kozloff Stoudt, celebrated by volunteering to go in the dunking booth at the church picnic. He was dunked!

This past Spring Andrew Howe of Spruce Law was named to the board of directors of the Greater Berks Food Bank.

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Barley Snyder’s Tim Malloy and his wife, Elisa, had son Tanner on July 17.

Jeff Franklin has been named Vice-Chair of the Cleantech and Climate Change Committee in the ABA Section of Science & Technology. Jeff is with Buchanan, Ingersoll & Rooney, P.C.

A Tasty Trifecta of Seafood Restaurants

By Susan N. Denaro, Esquire

T

ypically, before I write a food review, I have been to the restaurant several times to be comfortable giving my opinion, regardless of whether it is a good review or a bad one. This article, however, features three restaurants that impressed me enough to merit a positive review on my one, and so far, only visit to each.

Up first is Legal Sea Foods, located in the King of Prussia Mall. On a recent shopping excursion, I tucked in for lunch and enjoyed a simple salmon burger, which was the special of the day. It was served on a fresh brioche bun and was topped with a freshly cut red cabbage slaw. The sandwich was a perfect example of a righteous salmon burger. The fish patty contained no filler or breading and was perfectly cooked.

It was served with a side of fries that were hot and satisfying as well. The contents of the plate were perfectly proportioned to be generous, yet not overwhelming.

As good as my meal was, however, what impressed me the most about this chain restaurant was the chef ’s concern about my spouse’s shellfish allergy. We mentioned it to the waiter when he ordered the tuna burger. A few minutes later, the waiter came back to tell us the grill on which the tuna burger would be cooked was also used to grill shellfish and the chef was worried about cross-contamination. Fortunately, this was not an issue due to the high heat of the grill.

The second memorable seafood meal was recently enjoyed at the Coastal Grille in Spring Ridge. Located in the newly renovated home of the former Seafood Shanty, the interior has been redesigned to eradicate all the ugly ghosts of bad restaurants past. Despite the fact that it recently opened, there were no glitches to our dining experience. This is probably due to the fact that its owners also own Austin’s and clearly use the same playbook for the wait staff at Coastal Grille.

I ordered the fish tacos. It’s a dish I have enjoyed in other cities but have yet to find a truly satisfying version in a local eatery.

Coastal Grille’s lunch portion features two hot and juicy soft-shelled flour tacos. The mildly seasoned tilapia was topped with a little slaw. The dish was tasty but could have used a wedge of lime to give it a little bit of brightness and acidity. The shoestring french fries were a great side to the dish that was large enough to be satisfying but small enough to not be too heavy for lunchtime. The shoestrings are identical to those served at Austin’s—this side falls under the heading “if ’s it’s not broke, don’t fix it.”

My spouse ordered his typical standby, the tuna burger. It was topped with an Asian slaw that was seasoned with sesame oil. He declared it better than the tuna burger he had at Legal Sea Foods, although he preferred the soft brioche bun at the eatery in King of Prussia.

The restaurant was packed for a Monday and we noted that the cobb salad tower was a very popular dish. This salad was plated so that each ingredient was layered with the end result being several stories high. All the servers looked fearless as they delivered them to their final destinations without incident. Each salad was an avalanche waiting to be devoured and a friend of mine, enjoying one at the next table, raved about it. We also spotted Jay Tract at the bar enjoying a lobster roll which also appeared to be a popular item.

The third and most high end of our recent seafood dining experiences was at Gibraltar, located on the Franklin and Marshall Campus in Lancaster . This Zagat-rated jewel is worth the drive. The atmosphere is reminiscent of a New York style restaurant. The place was full at 6:00 p.m. on a Tuesday night so reservations are definitely recommended.

I enjoyed the Columbia River King Salmon. Plated with a grilled corn and bacon salsa, avocado and corn flan, french beans and a celeriac puree, it was sheer perfection. All the elements on the plate blended well and no one flavor dominated any of the others. The corn flan was so light it was amazing that it did not float into the air above the dish. If you go, I highly recommend the blackberry mint julep. It was a great spin on a classic bourbon drink.

Just make sure there is a designated driver to get you back to Berks County safely.

Whether you prefer to dine close to home or feel like driving to King of Prussia or Lancaster for a seafood meal, whether you want a chain restaurant or someplace more high end, odds are you will not be disappointed by any of these three establishments. Even though this review is already “in the books,” I may have to go back to all three again for more “research.”

Legal Seafoods – King of Prussia Mall 680 West Dekalb Pike King of Prussia, PA 610-265-5566 Coastal Grille 2713 North Meridian Blvd.

Wyomissing, PA 610-743-4006 Gibraltar 931 Harrisburg Avenue Lancaster, PA 19603 717-397-2790 Susan N. Denaro, Esquire, is a principal in the Wyomissing law firm of Rabenold, Koestel, Goodman & Denaro.

Berks Barrister | 23

An American’s Summer in the Ukraine

By Amy J. Litinov, Esquire

I

n June 1998, nearly seven years after the dissolution of the Soviet Union, my plane landed in Odessa, Ukraine. I was amazed by the stark difference between the contemporary airport in Vienna, Austria where I had just left a few hours before and the neglected Soviet airport with its dilapidated runway. Despite this dreary introduction, I would learn during my college summer study abroad program that Ukraine is a country rich in art, athletics, religion and history. Today, sixteen years later, I fondly reminisce about the summer I spent in Odessa and endeavor to share the character and culture of the country I came to adore.

When I exited the airplane in Odessa, I was wholly unfamiliar with the Russian language, including the Cyrillic alphabet.

I departed the airport and began my journey through the City of Odessa to the apartment flat that I would call home.

As I traveled through the city, the scene

24 | Berks Barrister

from my bus window transformed from the bleak, monotonous lineal lines of Soviet architecture to the ornate classical buildings of center city Odessa. The two bedroom, second floor flat that I shared with two other students was typical for Odessa. From the street, you would enter into a courtyard with lush foliage meticulously maintained by the residents.

Despite the financial despair of the residents, they took great care and pride in attending to their property.

Most weeks the flat had running water and electricity. On the weeks that either one or both amenities were absent the Odessans went about their daily activities without complaint and within a few days the utilities were restored. The patience demonstrated by these people when the utilities were out of service for several days on end was the polar opposite from the reaction I would have expressed in the United States. Recognizing my cultural

baggage, I learned to retrieve water from the hand pump in the courtyard and to stock up on candles and matches.

Aside from the intermittent shortage of electricity and water, the place had plenty of charm to make up for the deficiencies of Post-Soviet living. My favorite characteristic of this flat, which became my home, was its location. The flat was just a short stroll from the iconic Potemkin Steps that lead to the harbor on the Black Sea. The steps became world famous in Sergei Eisenstein’s 1925 silent film The Battleship Potemkin. This film dramatized and propagandized the mutiny of 1905 where the crew of the Russian battleship Potemkin rebelled against poor conditions imposed by their officers. The Potemkin Steps also became the filmic end to my daily morning run. In a fitting Rocky-style, I would climb the 192 steps and stand with arms raised at the top of the steps in front of the statute of Duke de

Richelieu, the first mayor of Odessa.

Duke de Richelieu was a Frenchman who was accepted into the royal court of Catherine the Great. Catherine had established Odessa in 1794. In 1803, during the rule of Alexander I, Duke de Richelieu was appointed to the position of mayor. Odessa grew into a modern city under the governership of the Duke and to this day displays a strong European influence. One of the most elegant attractions in the city is the Odessa Opera and Ballet Theatre, which rivals in beauty the famous Vienna State Opera.

I spent many afternoons throughout the summer at a matinee performance.

During my stay in Ukraine I was exposed for the first time to the opera, seeing such performances as Bizet’s Carmen, Tchaikovsky’s Eugene Onegin, and Verdi’s La Traviata. My appreciation for the opera did not come from spending time with high society or European visitors. It came from my interaction with the average Ukrainian. An appreciation of the opera was commonplace, understood and valued by all. I came to realize that the classical arts are treasured by every age, gender and class of citizen in Ukraine. You could speak to the janitor, bus driver, student or store clerk, and each would have a favorite opera, composer and artist.

During my summer in Ukraine, I not only gained an appreciation for opera but I also became an avid soccer fan.

Despite Europe’s dismissal of American soccer skill, I was invited to play a pick-up game during my first week in Ukraine.

I was a field hockey and lacrosse player; I did not fare well with sports that did not include a stick. My Ukrainian counterparts graciously picked me first among my fellow Americans to play on a team. Before the game began, the players decided to warm up by kicking the ball about the lot where we would play. I waited with held breath, knowing that my talent for soccer was lacking and that I would reveal my deficit of skill. I dreaded adding to the stereotype of lack luster American soccer players.

It became my turn to receive the ball.

I decided that I would not attempt to trap the ball and set up a kick, instead I would just redirect the ball by kicking it straight off. The time had arrived and the ball was soaring directly towards me. I swung my leg backwards and as the ball approached

I moved my foot swiftly forward to kick the ball. I did not accomplish my goal. I did not kick the ball. By some miraculous turn of fate, the ball landed directly on top of my foot trapped between my toes and ankle. I stood perfectly still on one leg, then I tossed the ball into the air with my foot and kicked it to the next player. I was an American hero! All the Ukrainians were astounded by my skill and ability.

Fortunately, this meant that I got to pick my preferred position—goalie for the remainder of the summer.

Since that miracle on the pitch and being influenced by my Ukrainian friends, I became a fan of the professional soccer team Dynamo Kyiv. Dynamo Kyiv has its roots in a compelling history in which the Ukrainian soccer team defeated the Germans and their allies in soccer during the German occupation of Ukraine in 1942. Several Dynamo Kyiv players found themselves working in a bakery during the occupation but continued to play amateur ball. continued on next page

Goalie Amy is on the left.

Berks Barrister | 25

Courtyard at the apartment.

26 | Berks Barrister

The Germans became aware of the continued sport and challenged the Ukrainians to a match. The Germans believed that they would win as the superior men. The Dynamo Kyiv players won that first match. Between July and August 1942, the Ukrainian team played and won all the matches despite decreasing rations, restriction on training and lengthened work days. Then on August 16, 1942, the Death Match was played against the German team Rukh. The Ukrainian players won 8-0 knowing that this match would be their last. After the match the Dynamo Kyiv players were rounded up by the Gestapo. Some were tortured, some were executed and some were sent to concentration camps. These players exemplified the fortitude, courage and resilience of the Ukrainian character.

During World War II, while Ukraine was occupied by Hitler’s Germans, many Soviet Partisans hid, lived and survived in the catacombs below Odessa. The catacombs are a complex labyrinth of tunnels under the city that were created over hundreds of years by stone mining.

The reality of the horror of World War II began to resonate with me when I toured the catacombs. Preserved to view in the catacombs are household items of the partisans, weapons, and personal belongings along with documents and writings. Many partisans were active in sabotage and intelligence activities against the Germans.

These partisans were not trained soldiers; rather they were average citizens fighting for their homes and city. Many survived the atrocity of war by mere fortitude of will.

Similarly, just as the people of Ukraine have survived great hardships throughout history including famine, war and nuclear crisis, the Eastern Orthodox Church survived Soviet rule and was emerging in a central role in Ukrainian culture when I arrived in 1998. I was privileged to attend an orthodox wedding during my short stay in Ukraine. My friend, Olya, and I went together. The church was filled with magnificent artwork in the form of icons and golden overlay ornamentation in the architecture. It was a truly awe inspiring view. The wedding was very ornate and endowed with much symbolism such as the crowning of the couple which signifies the victory and award for faithfulness to Christ and in the marriage union.

After the wedding, Olya told me about a poster that she saw as a child

draft in July of this year. It is clear that the vast majority of Ukraine does not want military conflict and does not see Russia as their enemy. In fact, many Ukrainian citizens are ethnically Russian.

Recently, Henry Kissinger, Secretary of State during the Nixon Administration, commented on the current conflict in Ukraine. He stated that the United States, European countries and Russia should treat Ukraine as a bridge of diplomacy between the East and West. I agree with him and would like to see Ukraine thrive as an independent nation; a bridge of diplomacy creating a strong relationship with both the Western World and Russia.

Amy J. Litinov, Esquire, is an Assistant Public Defender.

t s i p o r h t n Phila Devoted Parent

Attor ney

Live the life you choose.

Potemkin Steps and the Black Sea Harbor

that had a profound impact on her interaction with religion. She recalled a Soviet propaganda poster that had an orthodox priest as its central figure. The priest was hunched over and appeared unable to walk or move because of the numerous gold chains displaying crosses hanging from his neck. In the Russian Empire the Orthodox Church played a central role in the life of the people and the Czar’s family. However, during Soviet rule religious belief and public displays of religion were suppressed. Many churches have not survived because they were transformed into schools, gymnasiums or simply destroyed. Fortunately, the more ornate churches were spared as cultural exhibits. In 1998, when I was in Ukraine, the state was beginning the process of returning many churches to their original purpose.

It has been over a decade since I spent a summer in Ukraine and many things have changed in the country.

Currently, Ukraine is facing adversity as it strives to define its identity both internally and internationally.

In speaking with my Ukrainian friends, there is an increasing anxiety since the reinstitution of the military

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Berks Barrister | 27

Women of the Bar in 1979 Honored

By Cathy M. Badal, Esquire

O

n September 18th the Bar Association hosted another get-together in the Legends of the Bar Series, this one ably moderated by Sharon Scullin and devoted to women in the Bar. As among the few women of the Bar in 1979, Pat Frankel, Barbara Binder Casey, and Lynn Erickson joined Sharon in the program.

Sharon began with a brief history of women attorneys in Berks County, noting that the first woman admitted to the Bar was Anna Dickinson in 1922. Anna served as the law librarian, and also shared an active practice with her father; Sharon noted that until the early 1980s, women attorneys in Berks County practiced primarily in firms with their fathers or husbands, or in government settings. In the 1940s and 50s, Jane Ludwig Worley, Emma Forry Mullen and Pat Frankel joined the Bar, followed by Judge Elizabeth Ehrlich in 1960, and thirteen additional women between 1960 and 1970. Jill Koestel noted that as late as 1987, women comprised only 10 percent of the local Bar.

Pat, Barb, Lynn and Sharon all shared reminiscences; Pat began by charming the audience with her gentle, self-effacing humor. Pat explained that after graduating from Bryn Mawr, she was going to head off to law school at Yale, but her fiancĂŠ, Sam, urged her to move to Berks County with him, claiming that he would not wait three years for her. What a ploy!! Those of us who knew Sam know that he would have waited until the end of time! But Pat

WOMEN OF 1979 (L-R): Sharon Scullin, Lynn Erickson, Barbara Casey Binder and Patricia Frankel

28 | Berks Barrister

Judge and Mrs. Stallone with John Carlson and Susan Frankowski, Jim Rothstein and Judge Fehling

acquiesced, relocated “kicking and screaming” to Berks, and began three years of daily train rides to Philly to attend Penn. Pat was, of course, a true pioneer, being one of only three women in her class of ninety-nine when she graduated in 1957.

As a sole practitioner, she was an exception to the “father/husband rule,” and in the 1970s she decided to run for the judicial seat vacated by Judge Hess. During the campaign, the Reading Eagle ran a cartoon triptych: the first panel showed a female judge wielding a rolling pin in place of a gavel; the second showed her knitting, and interrupting the proceedings because she dropped a stitch; and the third showed her adjourning court because she had to go home to put a roast in the oven. In response to the outcry by female readers of the newspaper, the editors responded that Mrs. Frankel hadn’t been offended and had, in fact, asked for a copy of the cartoon! Pat explained that, having lost the election, she at least wanted a memento of the campaign, illustrating a point with which members of the panel and audience agreed – a sense of humor was an important trait for women in the Bar. Pat had nothing but nice things to say about members of the Berks County Bar, and said that she always felt welcome. And she wryly noted that members of the Family Court Bar became exceptionally friendly to her after she was appointed a Special Master!

Barb spoke next, and explained that since her father, Marty Binder, was attending Penn Law School when she was born, she felt that law school was her destiny, despite a segue for a master’s degree in communication after college. History repeated itself when Barb gave birth to a daughter in her second year at Penn, and upon graduation she joined her father’s firm.

She was immediately struck by the different standards of behavior for male and female attorneys; while tough, aggressive behavior was admired in men, it was criticized in women, who were accused of being unladylike. Barb responded by “out-preparing” opposing male counsel. She also remembered that when she began practicing law, society was such that despite her professional obligations, all familial

responsibilities fell to her as well. Other members of the panel and audience echoed Barb’s observations. Ultimately, inspired by Judges Stallone and Grim, Barb began to specialize in adoption law; she told a touching story about facilitating the adoption of a baby girl by a member of the Bar, and how, years later, the young lady worked in her office. Currently, Barb is the Director of two local agencies with a national outreach and Family Formation Law Center, specializing in assisted reproductive technology law. Her enjoyment of her practice and her sense of fulfillment were evident.

Lynn Erickson explained that she was a physics major in college, but her career choice was dramatically changed when she had the opportunity to watch John Hoffert, her father’s best friend, argue a case in court. She felt that litigation looked a lot more exciting than physics, and went on to law school. After interning at the U.S. Attorney’s Office, she joined John’s firm in 1973.

She told many amusing stories regarding the male Bar’s susceptibility to female pulchritude, and noted that a short skirt could be a powerful negotiating tool. She also described her rude awakening when it came to practicing in small-town Pennsylvania; when she tried to cite a PA Supreme Court case in front of Judge John Stone in Lancaster, she was told that while the case might represent the law in the Supreme and Superior Courts of PA, “it wasn’t the law in Lancaster County.”

But there were advantages to small town practice as well; when Judge Eshelman called her at home and demanded her presence in court, she told him that she couldn’t come because she was continued on next page

Berks Barrister | 29

Women of the Bar in 1979 Honored Continued from page 11

Kurt Geishauser (L) and Bill Bernhart

Vice President Jill Koestel (L) and Susan Denaro

nursing her baby. The judge told her to bring the baby – it wouldn’t bother him at all. From the audience, Judge Keller asked for clarification as to which Judge Eshelman, eliciting much laughter.

Lynn ended with a story regarding her representation of a female client in a divorce proceeding. The woman told Lynn that her soon-to-be ex-husband told her that Lynn won her cases by sleeping with lawyers and judges. Rather than being offended, the woman responded that she didn’t care how Lynn won her cases, as long as she won!

Sharon told of her own start in Berks County with Legal Services. She was well aware of the camaraderie among the male Bar and the all-male panel of judges.

In chambers, the talk revolved around fishin’ and huntin’ and golfin’, leaving any females feeling like outsiders. She remembered a particularly unsettling moment in which a judge wove news of a colleague’s wife’s hysterectomy into a conversation regarding filleting fish. Sharon dryly agreed with the earlier observation regarding the need for a female attorney in Berks to have a sense of humor!

She also remembered that, at times, the bench could be rather challenging to a young female attorney; Judge Wesner noted that women used to be allowed to go first in Motions Court, but that that custom had stopped when women demanded to be treated equally – he pointedly asked Sharon, who was the last in line as she was the most recently admitted, how she liked that now. Lynn added that Judge Edenharter had told her that “esquire” denoted a male, and asked her if she would like to use the appellation “esquirita.” Sharon and Lynn both remained calm and deflected the questions, and eventually established relationships of mutual respect with the judges.

Sharon also reminisced about the monthly lunches that Betty Ehrlich established for the women’s Bar at Morey’s in the early eighties, when all of us could fit around one table. Betty offered understanding and support, and encouraged civic and community involvement. She was a constant source of inspiration; she led by example, carrying out her judicial duties with both common sense and courage, and refusing to endorse any interpretation of a law that she believed would result in injustice. As Lynn put it, “if it wasn’t right, she didn’t do it.”

Lauren Marks then joined the panel, representing the new generation of women attorneys. Although the number of female attorneys has certainly grown exponentially, it appears that some of the issues facing them have really not gone away. While acknowledging that her husband is very helpful, Lauren still feels the pressure to be a full-time attorney and a full-time mom. And she still feels the stress of having to fight hard for her clients while acting with the “grace and poise” that our culture expects of women. It’s just not easy, and maybe it never will be.

Following the one-hour program, we adjourned to the third floor’s Batdorf Room and Kittrell Suite for refreshments that included non-pareils.

The Bar Association thanks Sharon, Pat, Barb, Lynn and Lauren for presenting this enjoyable and informative program!

Marcia Binder and John Miravich

30 | Berks Barrister

Editor’s Note: Ms. Badal is a guardian ad litem with Berks County. She, too, was a member of the Bar in 1979 but chose to be in the audience and serve as scrivener.

In Memoriam

Sidney D. Kline, Jr.

Sidney D. Kline Jr., 82, passed away on October 20, 2014. Mr. Kline graduated from Wyomissing High School in 1950, Dickinson College in 1954 and the Dickinson School of Law in 1956. Following law school, Mr. Kline served in the U.S. Army. Mr. Kline was a member of Stevens & Lee from 1958 until his retirement. While at Stevens & Lee, Mr. Kline served as Secretary, President/Manager, President/Co-Manager, Chairman/Co-Manager and was most recently Of Counsel. Mr. Kline was a member of the American Bar Association, Pennsylvania Bar Association and Berks County Bar Association, for which he served as President in 1980.

Mr. Kline served on numerous charitable boards and organizations, including The Reading Hospital and Medical Center (Chairman and Board Member), The Highlands at Wyomissing (Chairman and Board Member), Greater Berks Development Fund (Vice President, President and Secretary), The Wyomissing Foundation, United Way of Berks County (President, Board Member and Campaign Chairman), Berks County Community Foundation (President and Board Member), Richard J. Caron Foundation, Betsy King Classic Charities, Inc. (Chairman), Wyomissing Area School District (Solicitor), Dickinson College (Chairman, Board of Trustees) and Dickinson School of Law (Vice President and Board of Trustees). Mr. Kline received several awards for his extraordinary community service including the Wilbur H. Doran Community Service Award, the Justice William Strong Award given by the Bar Association in 2002, Thun Community Service Award, Richard J. Caron Community Service Award and the Sidney D. Kline, Jr. Award for Outstanding Community Service presented by the Law Foundation of Berks County in 2013. Mr. Kline is survived by his wife, Barbara, his daughters, Allison McCanney, Leslie Davidson and Lisa Gallen, and eight grandchildren.

John C. Bradley, Jr. John C. Bradley, Jr., 66, passed away on September 17, 2014. Mr. Bradley was a graduate of Daniel Boone High School. After high school, he graduated with a finance degree from Penn State University in 1969 and with a Juris Doctorate from the Dickinson School of Law in 1972. From 1972 to 1994, Mr. Bradley was a partner at the firm of Rhoda, Stoudt and Bradley. From 1994 until his death, he was a partner at the firm of Masano Bradley. Mr. Bradley was admitted to practice before the United States Supreme Court and the United States District Court for the Eastern District. Mr. Bradley was a member of the Berks County Bar Association, having served as its President in 1996. Mr. Bradley was the solicitor for the Berks County Municipal Authority, solicitor for the Reading School District for 14 years, past solicitor for the Daniel Boone Area School District, past president of the Birdsboro Rotary, Chairman of the Board of AAA Reading-Berks since 1997 and its solicitor and general counsel since 1974. Mr. Bradley was a member of and served on the finance committee of the Immaculate Conception Church. Mr. Bradley was an avid golfer and an active member of the Berkshire Country Club. Mr. Bradley is survived by his wife, Barbara, his children, J. Ryan Bradley and Dr. Sara M. Bradley, and three grandchildren.

Bradley Davis Miller Bradley Davis Miller, 68, passed away on October 2, 2014. Mr. Miller was a graduate of Central Bucks High School, where he played soccer. Mr. Miller also graduated and played soccer at Michigan State University, where he was a freshman member of Delta Chi and voted the "most memorable senior" of the 68 Club. Mr. Miller received his law doctorate from Western New England University School of Law, MA. Mr. Miller was a U.S. Air Force veteran, serving in Okinawa, Japan, during the Vietnam War. During his time in the military, he participated in naval exercises in Denmark, Portugal and Turkey. Mr. Miller was an air weapons controller commander with the 114th of State College, and retired from his last assignment at the Pentagon as Lieutenant Colonel. Mr. Miller was an attorney and litigator in the Reading area for several years and had the distinction of being admitted to the U.S. Supreme Court. Mr. Miller worked as a mediator for Family and Children Services and was a member of the Endlich Law Club. Mr. Miller had a love for golden retrievers, cooking, traveling around Europe, and enjoyed spending time at his home at Crystal Lake, NH. Mr. Miller was an avid golfer and member of Moselem Springs Golf Club and a guest member at both Berkshire Country Club and Reading Country Club. Mr. Miller was also involved in local politics, running George H.W. Bush's first campaign in Berks County. Mr. Miller is survived by his wife, Sharon, and his son, Christopher Bradley Clemenson Miller.

Berks Barrister | 31

L aw Foundation of Ber k s Count y 2 0 1 4 A nn u al G i v i ng C a m pa i gn The Law Foundation of Berks County’s 2014 Annual Giving Campaign is continuing.

As of November 4, 2014, those listed below have graciously given to the Foundation.

If you have not already given, contributions may be sent to Law Foundation of Berks County, P. O. Box 1058, Reading, PA 19603.

Bridge Builder ($1000 or more) The Kline Family (In memory of Sidney D. Kline, Jr.) Donald F. Smith, Jr. (In memory of Past Presidents Sidney D. Kline, Jr. and John C. Bradley, Jr.) Anonymous

Juris ($500 to $999) Richard A. Bausher Brumbach, Mancuso & Fegley, P.C. Leon A. Miller (In memory of Judge James W. Bertolet) Orpha and Retired Judge Albert Stallone (In memory of Martin W. Binder)

President ($250 to $499) Alexa Antanavage and Russell Farbiarz G. Thompson Bell, III Honorable John A. Boccabella Linda Faye Epes Susan E.B. Frankowski (In memory of Leon & Elizabeth Ehrlich) Bonnie & Ken Hartman (In memory of Judge Elizabeth Ehrlich) Brett & Joanne Huckabee Kenneth & Debra Millman Frederick M. Nice James M. & Kathryn S. Snyder Carl & Deborah Sottosanti Sodomsky & Nigrini White Star Tours Anonymous

Partner ($100 to $249) George Audi (In Honor of Kenneth Millman) Frances Aitken Cathy Badal, Sharon M. Scullin & Wendie Ziegler (In memory of Sharron Lash) Daniel & Deirdre Bausher Mark S. Caltagirone John & Pamela DeMartino David R. Eshelman

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Charles F. Fitzpatrick Honorable Madelyn Fudeman James A. Gilmartin Barry D. Groebel Joseph L. Haines Frederkick K. Hatt (In memory of John C. Bradley, Jr.) Karetas Foods, Inc. Masano Architects Group Elizabeth K. Morelli Scott C. Painter Charles J. Phillips Jesse L. Pleet James M. Polyak Sharon M. Scullin & James S. Rothstein (In memory of Anna Dickinson) Jill M. Scheidt Peter F. Schuchman, Jr. Christopher A. Spang Mr. & Mrs. William P. Thornton, Jr. Honorable Mary Ann Ullman Honorable Eugene F. Wisniewski Koch & Koch Roland Stock, LLC John M. Stott, Esq. (In memory of Honorable Thomas Golden)

Associate Honorable A. Joseph Antanavage Laura Cooper Connors Investor Services, Inc. Merle & Wendy Dunkelberger Darlington Hoopes, Jr. J. Randall Miller Amy Nieves-Febres Michael & Mary Jean Noon Michael J. Restrepo Betty Jane Schafer Michael C. Wieder Adam & Jenn Zuidema Diane P. Ellis Lynn Feldman Anonymous

Battle on the Diamond

The annual game between the Seasoned Bunch and the Youngsters’ Crew was in September.

SEASONED BUNCH: Front Row(L-R): Eric Taylor, Kurt Geishauser and Lisa Siciliano; Standing (L-R): Paul Marrella, John Bucolo, Judge Rowley, Greg Henry, Judge Parisi, Andy Howe, Kevin Moore, Tim Bitting, Judge Fehling, Robert Mills and Dan Degler

Alex Elliker, Matt Setley and Elizabeth Ware

YOUNGSTERS (L-R): Michelle Rhizor, Matt Setley, Susanna Fultz, Jacob Gurwitz, Mike Wieder, Mike Cammarano, Jay Kurtz, Julie Marburger, Kelsey Frankowski, Ken Kelecic, Alex Elliker and Amy Good

Late additions to the Seasoned Bunch—Mark Merolla, Pat Barrett and Jim Polyak

Basking in the glow of victory (L-R): Mike Cammarano, Julie Marburger, Sara Haines, Kelsey Frankowski and Matt Rossi

Joe Guillama and son Alex

Kevin’s throw to first is on the money but does Ken beat it out?

For the sixth time the PJ Cup goes to the Youngsters, but it was close!

Dan Degler and Jacob Gurwitz

Judges Parisi and Fudeman

Will Julie catch Eric’s pop-up?

Jacob facing Pitcher Rowley

Shortstop Wieder makes a jumping catch! Well, he sort of jumped.

Amy not Good

Berks Barrister | 33

ANNUAL MEETING The Berks County Bar Association’s Annual Meeting, held on October 23, featured the election of new officers, installation of the President for 2015, recognition of three 50-year members, presentation of the Presidential Awards of Merit and a collegial good time!

Mark Merolla and James Mancuso

Judge Sprecher and John Badal

Ken Millman, David Eshelman, Dominic DeCecco and Kurt Geishauser

Jill Gehman Koestel received a Presidential Award of Merit for the many years she chaired the Bench-Bar Conference Committee which included not only planning the spring conference but also the Retreat in the fall. Under her leadership, there was a growth in the attendance at the spring conference and, with the Retreats to Annapolis and Atlantic City, the attendance featured a better cross-section of the membership.

Federal Judge Schmehl, Past President Phillips, Zach Morey and Latisha Schuenemann APD Eric Taylor and his wife, Terrie.

Eric was recognized for his service as Law Journal editor and assistant editor.

Pat Barrett, Judge Keller and Carl Mantz

Passing of the Gavel

Charles Prutzman, Board Director Gonzalez, District Attorney Adams and President Judge Yatron

The Past Presidents passed the gavel to the incoming President, and, in so doing, demonstrated their support (L-R): Dick Bausher (1987), Al Readinger (1995), Heidi Masano (1998), Jim Snyder (1999), Don Smith (2000), Terry Weiler (2001), John Speicher (2002), Lisa Ciotti (2006), Dan Bausher (2007), Ed Stock (2008), Chuck Phillips (2010), Jill Scheidt (2011), Fred Hatt (2012), Gene Orlando (2013), Tom Bell (2014) and Jesse Pleet (2015)

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Bill Blumer and Gene Orlando received Presidential Awards of Merit for their collaboration with the Berks County Medical Society in planning and executing seminars on end-of-life decision making. Working with Dr. Dan Kimball, they presented seminars at our Bench-Bar Conference in April but also on an early Saturday morning to lawyers and doctors, and they appeared together on WEEU’s Feedback program.

ALJ Yatron, Past Presidents Dick and Dan Bausher, and Bob Hobaugh

Vice President-Elect Kurt Althouse, Treasurer Eden Bucher and Val West

Treasurer-Elect Justin Bodor

President Bell passed the traditional Presidential Medallion to PresidentElect Jesse Pleet, whose term begins January 1, 2015

Fred Nice, Brett Huckabee, Past Presidents Speicher, Snyder and Weiler

Franki Aitken received a Presidential Award of Merit for her devotion and service on the board of the Law Foundation of Berks County.

Mark Caltagirone was also recognized, but he was unable to attend the Annual Meeting.

Together they joined the board in 2001 and were the first non-lawyers to so serve. The Foundation’s Holiday Benefit Luncheon has become an incredibly successful fund-raiser and it was the brainchild of Mark whose devotion to it has made it what it is today. Franki served as the Foundation’s secretary-treasurer for more than 13 years and has been a good guardian of its finances and investments. Also, her leadership in the PA Institute of CPAs has helped to nurture the special relationship the Foundation has with that organization in building the success of the Benefit Luncheon.

As President Bell noted, “The work of the Law Foundation reflects a positive light on the Bar Association, and we have these two to thank for much of that positive light.”

50-YEAR MEMBERS: Al Readinger, Walt Diener and Paul Essig

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The inaugural Family Law Conference & Expo on September 10 attracted almost 100 participants.

INAUGURAL MEETING

Drew Schwartz , Jill Scheidt and Eric Gibson

Jaime Wertz and Molly Kleinfelter

Scott Jacobs enjoying a

Mark Merolla, Amy Good and Chris Hoffmann

Alex Elliker and Liz Ebner

Soaking it all in

Miguel Debon, Tom Klonis and John Hoffert

Ken Myers joke!

Susan Frankowski and Ralli Holden Sirak

Rebecca Bell and Jeff Boyd Richard Curley, Robert Mills and Judge Rowley

Mark Zimmer, Anna Ferguson and Greg Henry presenting on contempt remedies

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Fred Mogel and Jill Scheidt discuss developments in family law

2014 SOLO AND SMALL FIRM CONFERENCE & EXPO

On September 24 the second Solo and Small Firm Conference & Expo was held with Ellen Freedman, Law Practice Management Coordinator for the Pennsylvania Bar Association, as the speaker for both seminars. She presented on The Building Blocks for a Successful Solo or Small Firm Practice and 50 Marketing Tips in 60 Minutes

Ellen with Pam Kance, PBA’s Member Services Representative

Lori Sandman, Sharon Gray and Tony Rearden

Solos and small firm practitioners picking up pointers from Ellen

Matthew Banks and Kathy Gees-LaRue

Andrew Muir enjoying the reception Zach Morey and Scott Hoh

Ellen Freedman, BCBA Solo Section Chair David Beane and PBA Solo Section Chair Kim Lengert

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