The Award-Winning Publication of the Berks County Bar Association
BENCH-BAR CONFERENCE
Also: Treatment Court Victory Vault
Smith’s Farewell Column: Creators of Justice
BOARD OF DIRECTORS
DANIEL C. NEVINS, President
PETER F. SCHUCHMAN, JR., President-Elect
ANDREW F. FICK, Vice President
JACQUELIN M. HAMER, Secretary
AMY J. LITVINOV, Treasurer
ALEXA A. ANTANAVAGE, Director
DANIEL CORTES, Director
SARA R. HAINES CLIPP, Director
JAY M. KURTZ, Director
BETH M. KOHL, Director
JESSE C. LEISAWITZ, Director
KAREN H. COOK, Immediate Past-President
MATTHEW FESSLER, President YLS
BAR ASSOCIATION STAFF
KORI A. WALTER, Executive Director
ROSE M. JOHNSON, Law Journal Secretary/Office Manager
COURTNEY MORSTATT, Publications & Marketing Coordinator
LUCY BRITO, Community Service Manager
VALERIE KRAMER, Law Journal Editor
JACOB KRAMER, Law Journal Assistant Editor
PAMELA VANFOSSEN, 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: info@berksbar.org www.berksbar.org
Content for Spring 2025
Opening Statement
Daniel C. Nevins, Esquire
2025 Berks County Bar Association
President
Our Solemn Oath
As Pennsylvania attorneys we have at least three things in common: we have graduated law school, taken and passed the bar exam, and sworn an oath as a Pennsylvania attorney.
Each of these milestones is suffused with a certain type of significance. Graduation is a time to celebrate with friends and family and acknowledge the work and sacrifice while standing on a new precipice. Coming months after the exam itself, bar passage can feel euphoric, anticlimactic, or perhaps an emotion in between. But the oath we take when we are sworn in makes it all real and means we are ready to fulfill our obligations and bear our responsibility as attorneys and officers of the court.
The oath is a solemn pledge, recited here in Berks County before the members of our bench along with a gathered group of peers. It is a binding commitment to uphold the rule of law, advocate with integrity, and serve the public with unwavering fidelity. Many of us look back with fond memories of the day we stood before the bench in Courtroom 5A, full of nerves, swore the oath and prepared to represent and advocate on behalf of our first client.
continued on next page
Attending the Pennsylvania Bar Association House of Delegates and PBA Annual Meeting on May 9 in Lancaster with Gabby Raful (left) and Joan E. London. Gabby joined the PBA Board of Governors as an at-large Minority Governor while Joan is a delegate for the PBA Municipal Law Section.
ATTORNEY DISCIPLINARY AND ETHICS MATTERS
Opening Statement
Continued from page 5
The Text of the Oath
In Pennsylvania, the attorney’s oath reads:
“I do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice.”
This brief yet profound statement encapsulates a lawyer’s duty, not just to their clients but to our entire justice system, emphasizing the sacred responsibility of defending Constitutional principles.
Proposed Addition by the Pennsylvania Bar Association
I had the privilege of attending the Pennsylvania Bar Association’s House of Delegates meeting and 2025 Annual Meeting in Lancaster on May 9. Serving in the House along with my fellow Berks delegates is one of my responsibilities as your bar president. In addition to voting on Bylaws and other membership-related issues, the House considers taking positions on legislation and public policy. Among the matters before the House in May was a proposed revision to the attorney oath that would add language highlighting civility in practice:
The proposed amendment would add the following line to the oath:
James C. Schwartzman, Esq.
• Judge, Court of Judicial Discipline
• Former Chairman, Judicial Conduct Board of Pennsylvania
• Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania
• Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania
• Former Chairman, Supreme Court of Pennsylvania 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
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“I will endeavor to conduct myself with civility, dignity, integrity and professionalism to opposing parties and their counsel, the court, and all participants in the legal process.”
The House overwhelmingly approved the proposed language and recommend that the Pennsylvania Supreme Court add the sentence on civility to the oath.
Focusing on Civility
Berks County enjoys a well-deserved reputation for having a collegial bar and being a terrific place to practice for both local and out-of-county counsel. Our judges lead the way, giving litigants the opportunity to be heard, ensuring a right to a fair hearing and enforcing, when necessary, the proper courtroom decorum. As a courtroom attorney for nearly 20 years, I’ve witnessed the mutual respect and professionalism on display in the halls and courtrooms of the Berks County Courthouse and Services Center. In short, in my humble opinion, we have it good here.
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But even though we do well, we can always do better. Revisiting the language of the oath is a worthy exercise and should be a regular touchstone for all of us as we go about our practices. The new language requires that we continue our zealous advocacy for our clients while honoring a commitment to honesty, respect, and fair dealing. This dual responsibility is critical in maintaining public confidence in the justice system and ensuring that the pursuit of victory never overshadows a respect for the rule of law.
Reflecting on Beginnings
The PBA Annual Meeting also marks the passing of the President’s gavel to a new leader. Franklin County attorney Kristen Hamilton was welcomed by the delegates in Lancaster as the 2025-26 PBA President. As is custom, each PBA president enters the meeting room accompanied by a procession of delegates from their home county and House zone. The incoming president also selects a song (think of it as a walk-up song) that plays during the processional. President Hamilton selected “Times Like These” by the Foo Fighters. She then delivered a speech calling on members to remember where they started.
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Paired with her moving remarks were video clips of people receiving the happy news that they had passed the bar. I would highly recommend a YouTube search of “Bar Passage Reactions” if you’d like your dose of good vibes for the day. President Hamilton urged the audience to remember how it felt to pass the bar exam, take the oath, and represent those first clients. Included in the crowd were over 500 attorneys and judges from around the Commonwealth, all with unique experiences representing a range of clients in every area of law. President Hamilton reflected on those joyous reactions seen in the YouTube vignettes, noting that now is the time for each of us to bring that type of passion back to our practices.
We have so much in common with our colleagues in the bar. We’ve all sworn the same oath and undoubtedly wish to honor that oath in our daily practices. We may disagree with opposing counsel on the facts of our cases or on how the law may apply to those facts, but we agree that we are bound by the Constitution, that we will be honest with the Court in our advocacy, and that we will treat all involved with civility and the respect they deserve.
Bench-Bar
Over 250 members, presenters, and community sponsors attended the 2025 Bench-Bar Conference at the DoubleTree Hotel in downtown Reading on April 23. The conference featured 16 courses focused in many areas of law, giving everyone a unique and interesting course to attend, no matter their practice area. Some standout seminars included “The Intersection of Family and Criminal Law” and “K9 Case Law,” which featured K9 Deputies and their furry partners Rizzo, Efan, and Kali. This year’s plenary course, “Centering Child Wellbeing in Law,” featured Adam Benforado, law professor at Drexel University and author of “A Minor Revolution: How Prioritizing Kids Benefits Us All.”
| Berks Barrister
Paul C. Troy, Esquire, kicks off the 2025 Bench-Bar Conference with the fan-favorite “Avoiding Malpractice” seminar.
President Daniel C. Nevins gives the State of the Bar at the 2025 Spring Membership Meeting.
Franki Aitken, COO & CFO of Berks County Community Foundation, shares the services and benefits they can provide for BCBA members. The Community Foundation is a 2025 Partnership Sponsor.
Attendees gather in the main ballroom of the DoubleTree Hotel for lunch and the Spring Membership Meeting.
Conference
The
Pamela VanFossen, Daniel Becker, Julia Adams, Gabriel Raful, and Samuel Encarnacion after they presented the final seminar of the day “Talkin’ Bout My Generation: How Our Differences Can Make All of Us Better Lawyers.”
Karen Cook and Daniel Nevins celebrate the end of another successful Bench-Bar Conference.
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Gregory Scott, Daniel Nevins, and Adam Benforado.Greg was a student of Adam’s at Drexel University.
Julia Adams, Joan London, and Andrew George at the Cocktail Reception.
Honorable James M. Lillis, the Honorable Eleni Dimitriou Geishauser, the Honorable Thomas G. Parisi, the Honorable Patrick T. Barrett, the Honorable M. Theresa Johnson, Chief Public Defender
Keith McConnell, and District Attorney John Adams during the Criminal Bench Roundtable.
2025 Bench-Bar Conference
Continued from page 9
Pamela
Jill Koetel and Victoria Gallen-Schutt chat while visiting the vendors.
Chad Schnee presents “Open Doors, Open Records – A Guide to Pennsylvania’s Transparency Laws” with Joshua Bonn of Cohen Seglias Pallas Greenhall & Furman PC.
DeMartino, Esquire, (right) and the Domestic Relations Section staff explain the logistics of their office and off some helpful hints with the seminar “Filing Success with the DRS.”
Members of Tompkins Community Bank, a Presenting Sponsor at this year’s conference.
Lauren Marks gets her passport “stamped” by Cocktail Reception Sponsor Diamond Credit Union.
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A big thank you to Herbein + Co for supporting the Bar Association and the Bench-Bar Conference as a Partnership Sponsor.
Members across all practice areas attended the Honorable Jill M. Scheidt’s seminar “Keeping Your Cool with Clients in Crisis” with Edward B. Michalik, Psy.D., of Threshold Rehabilitation Services, Inc.
The Expanding Battle Against Blight: Protecting Community Quality of Life
By Joan E. London, Esquire, and Matthew R. Fessler, Esquire
The Municipal, Education, Real Estate, and Environmental (“MERE”) Section presented a panel discussion at this year’s Bench-Bar Conference titled “The Expanding Battle Against Blight.” Joining us for the discussion were Michelle Mayfield from Hartman, Valeriano Magovern & Lutz, Timothy Daley from Habitat for Humanity, Jaime Perez from the Berks County Redevelopment Authority, William Frymoyer, Codes Official from Cumru Township, and Shannon Callouri from Hailstone Economic Development. The panel gave the audience the benefit of their diverse backgrounds in enforcement, economic development, and nonprofit organizations in fighting community blight.
The first part of the discussion was to define exactly what conditions constitute “blight”? The laws regarding blight do not exist for esthetics and curb appeal (e.g., “The Borough Council is not the Prettiness Police and we don’t want to be an HOA”). Rather, laws on blight provide the minimum standards for community health, safety, and welfare. Pennsylvania law states the definition: Act 79 of 2019 provides a list of eight criteria to define blighted property: (1) a premises that is a public nuisance deemed to be a danger to public health, safety and welfare or attractive nuisance; (2) condemned/unfit for occupancy; (3) fire hazard; (4) vacant lot with accumulation of trash and debris; (5) vacant property and not rehabilitated within one year of violation notice (6) vacant lot with a municipal lien for demolition cost and no lien payment for one year; (7) vacant lot with municipal liens for unpaid real estate and property taxes greater than 150% of property fair market value; and (8) property abandoned (in writing) by the owner. Clearly, these are serious detriments, and this is not just a property that isn’t attractive and
where the neighbors would prefer better upkeep.
One of the key points raised by the panel, which is often forgotten, is that blight is not limited to cities; it is also found in rural and suburban communities. Blight is more visible in cities and more densely populated municipalities, where residents’ homes and businesses sit in close proximity. However, suburban homes and businesses can fall into disrepair just as easily. The panelists agreed that interventions, often multidisciplinary, are key to both prevention and remediation. Both are important, since blighted properties can have a ripple effect on the values of nearby properties, and can lead to larger problems with crime, i.e. the “broken windows” theory.
The next question discussed was, “How does a property become blighted?” The simple answer is that the owner fails to maintain the property. Sometimes it’s as simple as a lack of pride in ownership, possibly due to a more anonymous society in general where we don’t know our neighbors well and don’t care as much about the impression made. Often, however, there are multiple factors, including the inability of local governments to enforce their property maintenance codes due to being short-staffed, owners lacking financial resources to maintain the property, or low market value for the property, plus an aging population and physical and mental illnesses.
Both the City of Reading and the County of Berks, on their own and in conjunction with private organizations such as Habitat for Humanity, have made efforts over the last decade to remediate blight, and to reclaim properties for much-needed housing. The panel described the process the city and county use in addressing blighted property through Blighted Property Review Committees. First, the owner is sent notice of a determination hearing. The
purpose of this hearing is to determine whether a property is truly blighted. If the property is found to be blighted, the next step is a certification hearing by the committee, again after notice. The certification hearing presents another opportunity for the owner to demonstrate efforts to correct the conditions. If the owner does not appear or if there has been no improvement, the property is certified as blighted. If action isn’t taken to remediate the property, it may be acquired by the Berks County Redevelopment Authority to hold, clear, manage, dispose or reuse. The solicitors on the panel emphasized that eminent domain was the last resort, after months and often years of notices and opportunities to correct the problems. So often critics will presume that bodies such as Blighted Property Committees and redevelopment authorities want to acquire land. In fact, municipalities only will condemn when completely out of options.
The panel recommended that municipalities develop standards and best practices for addressing blighted properties. Some recommendations were to develop a notice of violation template, keep property files and documentation related to the blighted property process, and establish consistent timing and procedures for following up on a notice of violation. One common problem in the blighted property process is getting service on an owner of a blighted property, who is often not residing at the property, or is an LLC. One best practice example the panel offered was providing notice as set forth in the International Property Maintenance Code. The Neighborhood Blight Reclamation and Revitalization Act, Act 90 of 2010, is another act of which municipalities should take advantage. Act 90 of 2010 permits a municipality to deny permit applications if an applicant owns property for which there exists tax, water, sewer, or refuse collection delinquency charge; or for which a serious code violation judgement to abate or correct was imposed by a magisterial justice or a judgment imposed by the Court of Common Pleas. A serious code violation is one that poses an imminent threat to the health and safety of an occupant or occupants in the surrounding structures.
The panel highlighted some statistics revealing the urgency in addressing blighted property. One blighted property can cause a 1% to 3% decrease in property values, an increased rate of crime, and resulting diminution of tax revenues. Once remedied, a former blighted property increases property values by 2% to 4%, results in a decrease in crime rate, and results in a significant increase in tax value.
The discussion ended with the speakers again emphasizing that blight is not limited to cities; it can appear anywhere and is every community’s problem.
David R. Beane, Esquire
Ms. London is an attorney with Kozloff Stoudt, Spring Township. Mr. Fessler is an attorney with Hartman, Valeriano, Magovern, and Lutz, Wyomissing. They are Co-Chairs of the Bar Association’s Municipal/Education/Real Estate/ Environmental Law Section.
Members Present at First-Ever Keystone Title IX & Education Law Summit
Braving a cold and slushy morning, members traveled to Kutztown University of Pennsylvania’s campus to attend and even present at the first Keystone Title IX & Education Law Summit on January 17. Headed by Bradley Davis and KU’s Equity & Compliance Division, members joined local educators, representing the state’s K-12 and higher education institutions, to learn of the updates to Title IX protocols and new regulations regarding educational law, from the state to the federal level. Brian J. Boland, Allen Gehring, Brian F. Boland, and Julie E. Pandich – all of Kozloff Stoudt – presented the K-12 courses, which explored various topics, including first amendment and employment issues. The day’s plenary session featured Nikia Clark and Tashell Jenkins, attorneys for the U.S. Department of Education’s Office for Civil Rights (OCR). The Bar Association was a supporting sponsor of this event.
Brian J. Boland opens the summit with the course “Title IX Part I” for the K-12 educators and attorneys in attendance.
Bradley Davis, Director of Equity and Compliance/ Title IX Coordinator at Kutztown University, and Cori Mishkin, Associate with Pittsburgh firm ReedSmith, after they presented their course titled “2024 Title IX Regs Updates & Challenges.”
Heidi Masano, Michael Gombar, and Pamela VanFossen –all of Masano Bradley – enjoy the higher education courses.
Nikia Clark and Tashell Jenkins, attorneys for the U.S. Department of Education’s Office for Civil Rights (OCR), present “Office of Civil Rights (“OCR”) 101” as the summit’s plenary course.
Allen Gehring presenting “Title IX Part II.”
Brian F. Boland presenting at the first ever Keystone Title Ix & Education Law Summit.
Adrianne DeLaere, Julie Panich, Brian Boland, and Allen Gehring.
Berks Bar Takes on the Reading Royals
On March 21, members and their families gathered in the ProBerco Party Zone of Santander Arena for the 2nd annual Berks Bar Night at the Reading Royals. The Royals once again took on the Norfolk Admirals and won the game in an exciting overtime shootout. Members enjoyed an up-close view of all the action on the ice with a full spread of stadium goodies and even a visit from Slapshot!
Joe Speece and his son Joey bump fists with Slapshot, the Reading Royals mascot.
The starting line for the Reading Royals takes the ice as members cheer them on from the ProBerco Party Zone.
Ellie Sarno and her family watch the hockey game.
Lauren Marks with her husband Chad and children Teagan and Wyatt.
LAW FOUNDATION OF BERKS COUNTY 2024 ANNUAL GIVING CAMPAIGN
Thank you to all the Law Foundation Trustees, Bar Association Board of Directors and members, and supporters in the Berks County community for making the 2024 Annual Campaign a tremendous success. More than 70 donors contributed over $29,000 this year. Please know your incredible generosity is making a significant and lasting difference right here in Berks County as the Law Foundation has been able to make a positive difference for victims of domestic violence and discrimination, help foster care children in need of advocates, and assist local youth participating in public service projects and developing their athletic, artistic, and academic talents. Because of our continued efforts, the Law Foundation has been able to offer support to various community organizations, including Berks County Treatment Courts, Connections Works/Berks County Pardon Project, CASA Berks County, Community Justice Project, and Children’s Alliance Center. Again, thank you to everyone who donated to the 2024 Annual Campaign.
Bridge Builder Society ($1000 or more)
Cathy & John Badal, Esquire
William R. Blumer, Esquire
Edwin H. Kershner, Esquire
Barbara J. Kline, (In memory of Sidney D. Kline, Jr.)
Honorable James M. Lillis, (In memory of Amy Rothermel, Esq.)
Virginia & Eugene Orlando, Esquire
Barley Snyder
Kreitz Gallen-Schutt
Juris Society
($500 to $999)
Paula Barrett & the Honorable Patrick T. Barrett
Karen H. Cook, Esquire
Bonnie Hartman, Esquire, (In memory of Ken Hartman)
Gabriela G. Raful, Esquire
Heidi B. Masano, Esquire
Daniel C. Nevins, Esquire, & Jennifer Nevins, Esquire
Charles J. Phillips, Esquire
Donald F. Smith, Jr., Esquire
Ann & Jim Snyder, Esquire
Carl & Debbie Sottosanti, Esquire
President Society ($250 to $499)
Franki A. Aitken
Leslie Bell & G. Thompson Bell, III, Esquire
Merle & Wendy Dunkelberger, (In memory of Daniel Birnhak, Esquire)
Suzanne & Brian Engelhardt, Esquire
Andrew F. Fick, Esquire
Ellen & Daniel Huyett, Esquire
Jeraldine & David Kozloff, Esquire
JoAnn & Howard Lightman, Esquire, (In honor of the Honorable Arthur Ed Saylor)
Frederick R. Mogel, Esquire
Daryl F. Moyer, Esquire, (In Memory of the Honorable Judge Linda K.M. Ludgate)
Andrew C. Onwudinjo, Esquire
Jesse L. Pleet, Esquire, (In memory of David E. Pleet)
William F. Roberts, Esquire
The Honorable Jill M. Scheidt
Robert and Mary Ann Ullman, Esquire, (In memory of the Honorable Albert A. Stallone)
Sodomsky & Nigrini
Stanshine & Sigal
Partner Society ($100 to $249)
The Honorable A. Joseph Antanavage
Jana Ruth Barnett, Esquire
Mary Ellen Batman
Daniel & Dee Bausher, Esquire
Jessica Bodor & the Honorable Justin D. Bodor
Eden R. Bucher, Esquire
Mark S. Caltagirone
Alfred W. Crump, Esquire
Pam A. DeMartino, Esquire
Lori & Jeffrey Elliott, Esquire
Susan E.B. Frankowski, Esquire, (In memory of Leon Ehrlich)
Jacquelin M. Hamer, Esquire
Frederick K. Hatt, Esquire
Chris Karas, White Stars Tour
The Honorable Scott D. Keller
Robert & Jill Koestel, Esquire
Jesse Craig Leisawitz, Esquire
Joan E. London, Esquire, and Walter M. Diener, Jr., Esquire
Frederick M. Nice, Esquire
Paul R. Ober, Esquire
Scott C. Painter, Esquire
Suzanne Palmer, Esquire
John C. Perate
Mary & Peter Schuchman, Esquire
Wendy Sharetts, Esquire
The Honorable Jeffrey K. Sprecher
Edwin L. Stock, Esquire
Katherine & William P. Thornton, Jr., Esquire
Gregory R. Young, Esquire
Valerie West, Esquire
Connors Investor Services, Inc.
Masano Bradley, (In memory of Joanne Koch)
Associate Society ($50 to $99)
Amy B. Good, Esquire
Charles & Alisa Hobart, Esquire
Michael & MaryJean Noon
Michael G. Wolfe, Esquire
Berkshire Investment Group
Judge Geishauser Opens “Victory Vault” New incentive program for Treatment Court funded by Law Foundation Grant
By Kori Walter
Acabinet just outside the courtroom of the Honorable Eleni Dimitriou Geishauser in the Berks County Services Center is a new source of inspiration for the roughly 120 Treatment Court participants under the judge’s supervision.
Geishauser, who presides over drug, mental health, and DUI treatment courts, has named the filing cabinet “Victory Vault.”
Its shelves are filled with a variety of merchandise, such as journals, electronics, insulated mugs, clothing, shampoo, body wash, playing cards, picture frames and other goodies. Funding for the filing cabinet and all the items inside were purchased with a $4,500 grant from the Law Foundation of Berks County. The grant will help keep the Victory Vault wellstocked.
Treatment Court participants earn “Recovery Cash” for positive conduct as they progress through the program. Participants can save the currency they earn and cash it in for items in the Victory Vault.
The new incentive program began this spring. Treatment Court participants have been eager to earn anywhere from $1 to $20 for each positive action as determined by Adult Probation staff and the judge.
“Everyone is really excited when I award them Recovery Cash,” Geishauser said. “In their eyes, it’s almost like I’m handing them $1 million. It really makes them feel valued. Feeling valued goes a long way because many of the people who appear in Treatment Court have been told at some point in their lives that they are not good enough and have issues with low self-esteem.”
Geishauser said she got the idea while attending a Treatment Court conference. She said a judge in Texas runs a similar program.
“Data shows that Treatment Courts produce the best outcomes if you can provide incentives for participants when they make good choices,” Geishauser said.
Treatment Courts focus on rehabilitation and addressing the issues that led to criminal charges.
“The mission of the Berks County Treatment Court Programs is to integrate substance abuse/mental health treatment with the justice system for the promotion of public safety, individual responsibility, and reduction of drug/alcohol-related recidivism,” according to the County’s Treatment Court website.
Treatment Court programs usually take 12-18 months to complete, depending on the individual’s progress and the program track. Requirements include treatment, counseling, community
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Judge Geishauser Opens “Victory Vault”
Continued from page 19
A $4,500 grant from the Law Foundation of Berks County will keep the shelves of the Victory Vault well-stocked with a variety of items. Donations to the Foundation’s Annual Campaign and proceeds from the Annual Holiday Benefit Luncheon make grants like this possible.
Treatment Court participants earn “Recovery Cash” from Judge Geishauser and Adult Probation Staff.
service, drug testing, and maintaining employment or education. Advancement to the next phase depends on compliance with program requirements, completion of checklists, and a period of negative drug tests.
Alexandria Velazquez, Assistant Chief and Treatment Court Coordinator in the County Adult Probation Office, provided some examples of how Treatment Court participants can earn Recovery Cash.
A participant who has been struggling with a simple behavior and who accomplishes a goal could earn $1 while another participant who has gone above and beyond, attending all appointments or going out of their way to help others, may earn up to $5, Vazquez said.
Participants can earn even higher awards based on extraordinary conduct.
The Honorable Eleni Dimitriou Geishauser and Treatment Court Coordinator Alexandria Velazquez hope incentives lead to positive outcomes for the nearly 120 participants in Treatment Court supervised by the judge.
“Recovery Cash is given on a case-to-case basis to meet participants where they are,” Velazquez said.
Velazquez helped decorate the filing cabinet, including installing a dial that you’d find on your typical vault.
“We are incentivizing everything and hope the store motivates participants to continue making good choices, hence our slogan ‘Good Choices Lead to Great Rewards at Victory Vault’!”
Contact
Brenna H. Mendelsohn, Esq. or Bernard Mendelsohn, Esq. for a free same day consultation.
Call 610-374-8088 or contact us via our website.
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Mr. Walter is Executive Director of the Berks County Bar Association.
The Constitution’s Promise: Out of Many, One
Members, Berks County students, and local officials celebrated the 67th annual Law Day at the Berks County Bar Association’s Law Day Luncheon on May 6 at the DoubleTree Hotel in downtown Reading. This year’s theme was “The Constitution’s Promise: Out of Many, One.” Keynote Speaker Secretary of Policy and Planning for the Commonwealth of Pennsylvania Akbar Hossain shared his journey to becoming an America citizen, as well as the current administration’s plans for enhancing and improving the state of Pennsylvania during the Fireside Chat portion of the luncheon. In addition, the Bar Association recognized Fleetwood High School’s Mock Trial team for their continued excellence as the top-performing Berks County school in the annual mock trial competition. President Daniel C. Nevins also congratulated four Berks County students who placed in the 2025 Law Day Multimedia Competition: Kenny Tran, 5th grader from Northeast Middle School; Aurelia Myotte, 5th grader from La Salle Academy; Sena Thompson, 8th grader from La Salle Academy; and Jimmy McHale, 7th grader from Wyomissing Junior-Senior High School.
Bar and community members mingle before the luncheon begins.
Kelsey Frankowski, Co-Chair of the Law Day Committee, opens the 2025 Law Day Luncheon.
Dan Nevins thanks our local representatives and community guests for joining in the Law Day celebration and honoring the “The Constitution’s Promise: Out of Many, One.”
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Pamela VanFossen, Karen Cook, Jill Koestel, Gabriela Raful, and Jennifer Nevins.
Kelsey Frankowski, City Auditor Maria Rodriguez, Secretary Hossain, City Council President Donna Reed, President Dan Nevins, and Allen Gehring.
Secretary Hossain and President Dan Nevins after the conclusion of the Law Day Luncheon.
Jana Barnett, Ann Endres, Lauren Marks, Richard Almquist, District Legislative Aide for Representative Jamie Barton James Stevens, and Bonnie Hartman.
The Constitution’s Promise: Out of Many, One
Continued from page 23
Berks County Bar Association President Daniel C. Nevins presents Kenny Tran, a 5th grader from Northeast Middle School of the Reading School District, his award for placing 2nd in the 5th & 6th grade category in this year’s Law Day Multimedia Competition.
Kramer, Esquire, Fleetwood Mock Trial Advisor, presents the students of Fleetwood High School’s Mock Trial team with a plaque celebrating the team’s excellence at this year’s Mock Trial Competition as the top-performing school in Berks County.
Jacob
Oley Valley High School Select Choir, under the direction of Kathryn Lynch, performs the National Anthem at the start of the luncheon.
Members of the Wilson High School JROTC salute the flag during the National Anthem.
President Nevins with Aurelia Myotte, 5th grader from La Salle Academy and 1st place winner in the 5th & 6th grade category.
Secretary of Policy and Planning for the Commonwealth of Pennsylvania Akbar Hossain (center) tells his story of emigrating to America during the Fireside Chat portion of the luncheon with Law Day Co-Chairs Kelsey Frankowski, (left) and Allen Gehring, (right).
President Nevins and Sena Thompson, 8th grader from La
and 2nd place winner in the 7th and 8th grade category.
Law Day Co-Chair Kelsey Frankowski, Secretary of Policy and Planning for the Commonwealth of Pennsylvania Akbar Hossain; and Law Day Co-Chair Allen Gehring.
Salle Academy
Judicial Candidates Forum and Plebiscite
Before casting their votes in the Bar Association Judicial Plebiscite, members heard from the three candidates who were vying for an open seat on the Berks County Court of Common Pleas. Candidates Kathryn Lehman, Lauren Marks, and Magisterial District Judge Eric Taylor answered questions about their qualifications to serve as judge during an hourlong Candidates Forum hosted by the Bar Association on April 3 at the DoubleTree Hotel in Reading. The Judicial Plebiscite allowed members to offer their individual assessment of each candidate running for judge. The results of the Plebiscite are posted on the Bar Association website at
www.berksbar.org. All of the candidates are members of the Berks County Bar Association. In the May 20 Primary Election, Ms. Lehman captured the Republican nomination. She is an assistant Berks County District Attorney and resides in Ontelaunee Township. Mr. Taylor won the Democratic nomination. He resides in West Reading and serves as a Magisterial District Judge for West Reading and Wyomissing. Ms. Marks is a former Co-Chair of the Bar Association's Family Law Section. She is a family law attorney with the Reading firm Palange, Endres and Marks and resides in Lower Heidelberg Township. Ms. Lehman and Mr. Taylor will now face off in the November 4 General Election.
President Daniel C. Nevins share a few remarks about each candidate at the start of the forum.
Lauren Marks explains the open communication style she plans to have in her chambers if she is elected.
Members catch up and enjoy some light refreshments before the forum.
MDJ Taylor ties his many years in the public defender’s office and then as a magisterial district judge into why he believes he is qualified to fill the vacant seat.
All three candidates after the forum.
Kathryn Lehman answers which judge she would most like to emulate if she was elected to the bench – her answer, the President Judge M. Theresa Johnson or the late Honorable Paul M. Yatron.
Workers’ Comp Law Will Allow Compensation for Post-Traumatic Stress
By Levi S. Wolf, Esquire
So-called “mental-mental” workers’ comp claims, where a purely mental stress causes a mental injury, are some of the most difficult types of cases to prove under Pennsylvania Workers’ Compensation law. In order to be successful on this type of claim, an injured worker must show that they were subject to an abnormal working condition. This restrictive element of proof has historically made it very difficult for claimants to be successful in obtaining compensation for mental injuries, such as anxiety, depression, or post-traumatic stress disorder.
This was especially true for first responders such as police and EMS workers, who might be called upon to respond to a horrific scene, but their arrival at that scene would universally be found to be a normal working condition for a first responder. Thus, first responders who did suffer from post-traumatic stress injuries due to their work would not typically be able to obtain wage loss or medical benefits.
The Pennsylvania Legislature has now taken steps to fix that loophole. Senate Bill 365 was signed into law by Governor Shapiro on October 29, 2024, becoming Act 121 of 2024. Act 121 provides compensation for post-traumatic stress injuries for first responders. It does not take effect, however, until October 29, 2025.
The new law defines first responders as an emergency medical services (EMS) provider who is an active volunteer, employee, or member of an EMS company or fire company, a State Police officer, or a peace officer who responds to emergency calls. Did you know that even volunteer EMS and firefighters can obtain wage loss benefits if they are injured in the course of their duties, whether or not they have another paying job? That is a topic for another day, but it is true that emergency volunteers are already covered by workers’ compensation.
Instead of having to prove an abnormal working condition, the new law specifically providers that “[a] post-traumatic stress injury suffered by a first responder shall not be required to be the result of an abnormal working condition to be a compensable injury under this act.” Section 301(g)(1). The law defines a “qualifying traumatic event” as an incident or exposure: (1) resulting in serious bodily injury or death to an individual; (2) involving a minor who has been injured, killed, abused or exploited; (3) involving an immediate threat to the life of the claimant or another individual; (4) involving mass casualties; or (5) responding to crime scenes for investigations. If the first responder, in the course of their duties, suffers a post-traumatic stress injury as a result of a qualifying event, then the claim should be granted. The new law limits such claims to the period of the post-traumatic stress injury, but not for more than two years (104 weeks). The diagnosis must be made by a licensed psychologist or psychiatrist (interestingly, licensed clinical social workers are not mentioned as being qualified to diagnose), and the claim must be filed no later than three years after the date of such diagnosis.
The law also provides that “a post-traumatic stress injury suffered as a result of a disciplinary action, job or performance evaluation, job transfers or employment termination shall not be compensable.” Section 301(g)(6).
Like with all new laws, the courts will likely have to flesh out some details, such as what constitutes mass casualties or what does exploitation of a minor mean? Can a claimant still attempt to show that an injury was caused by an abnormal working condition to get around the 104-week cap on benefits? But clearly this new law is a step in the right direction to protect our first responders, and it provides far more opportunity for them to seek redress than the currently existing law. There will be plenty of opportunities for good lawyering as new cases are brought under the new law. All workers’ compensation claimants are well-advised to seek advice from a certified specialist workers’ compensation attorney when dealing with the workers’ comp system in Pennsylvania.
Mr. Wolf is a shareholder in the law firm of Wolf, Baldwin & Associates, P.C. with offices in Pottstown, Reading, Pennsburg, and West Chester. He has been certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court since the certification became available in 2013.
Southern Charm
By Susan N. Denaro, Esquire
Even though she lived all but the first few years of her life in the heart of Pennsylvania Dutch country, my maternal grandmother never strayed too far from her early southern culinary roots. Every time I find myself south of the Mason-Dixon line, I enjoy searching for the foods of my childhood that always graced her Sunday dinner table. During a recent long weekend in South Carolina, Magnolias, a mainstay at 185 East Bay Street in historic Charleston, satisfied all my grandmother-instilled culinary cravings.
One pleasantly warm and sunny Saturday morning, we arrived about 15 minutes before our lunch reservation. We anxiously waited for the doors to open for the first seating of the day. The line of fellow tourists behind us quickly grew as did the anxiety of the hopeful diners without reservations. If you go, reservations are a must. But make no mistake, Magnolias is anything but a tourist trap.
It was mesmerizing to watch the restaurant come to life. Classically dressed waiters in white shirts, black pants, neckties, and black half-aprons buzzed around in a perfectly choreographed dance; a dance that began with all the wait staff emerging from the kitchen in a straight line, then dispersing into the heart of the beautifully appointed dining room.
My meal started with a Down South Eggroll. The southern influences in the dish abounded: salty Tasso ham, chicken thighs, and collard greens were encased in the eggroll wrapper. Cut on a diagonal, it was served over a vibrant red pepper puree, garnished with a spicy mustard, dotted with diced jalapenos, and accompanied by a generous spoonful of peach chutney. All the elements blended to create a perfect balance of sweet and spicy and made it easy to understand why that eggroll is considered Magnolias’ signature dish.
Magnolias
The Original Simmons sandwich features fried chicken topped with a scoop of pimento cheese, siracha mayo, and dill pickle.
My husband John’s meal began with a serving of deviled eggs. While I have enjoyed the appearance of deviled eggs on appetizer menus of late, I find some of them to be tortured to the point their flavor becomes muddled. The deviled eggs at Magnolias were reminiscent of my grandmother’s. The beauty is in the simplicity of their filling: Duke’s mayonnaise, prepared mustard, and sweet relish. Generously stuffed, these deviled eggs were topped with large bacon crumbles so good that not a single crumb of bacon was left behind.
While I planned to just have an unsweetened iced tea after standing in the warm sunshine, I instead enjoyed a light rosé from Provence which our server Christine suggested as a perfect pairing with the eggroll. Not wanting a second glass, I opted for that iced tea but again, at Christine’s suggestion, I ordered it as a half and half: half sweet tea/half unsweetened tea. It was a fair compromise because while I adore a true fresh brewed sweet iced tea, on occasion, I always feel guilty about the high sugar content.
John’s Bloody Mary, which was rather bland, was the only disappointing note in our Magnolias’ experience. He moved on to an Edmund’s Oast Brewing Company beer called Something Cold. It was a premium blonde ale from a Charleston-based company that was crisp and light, and, as Christine suggested, paired perfectly with the fried chicken sandwich called Original Simmons he ordered after overhearing a waiter tell a nearby diner that Magnolias’ fried chicken recipe has been the same since the restaurant opened in 1990.
You’ll never look at a BLT the same after sampling the Fried Green Tomatoes BLT.
Like the deviled eggs, the Original Simmons was elevated by its simplicity. In addition to its fried chicken, Magnolias is known for its pimento cheese, a proper scoop of which topped the succulent chicken. The sandwich was finished with siracha mayo and dill pickle slices. It was as divine as it was messy. The side of sweet potato fries was well-seasoned and served hot.
Pimento cheese is a blend of roasted red peppers, white cheddar cheese, parmesan, parsley, and green olives. True Southern belles have been perfecting this blend since its creation in the 1800s. Although the original version was made with cream cheese, Duke’s mayonnaise is a lighter binding agent in Magnolias’, which in addition to being a stand-alone appetizer, is an element in at least four offerings on its regular menu. My grandmother served her version of pimento cheese, sans the olives, on Keebler Club Crackers.
I can never resist ordering fried green tomatoes when they are on the menu. Instead of opting for them as an appetizer, I selected Magnolias’ bacon, lettuce, and fried green tomato sandwich as my main course. The crispy bacon stood up well against the rest of the bold flavors in the sandwich. The breading on the fried tomato slices was light and anything but greasy. Served on jalapeno cornbread, the surprising element was a smattering of that pimento cheese. Quite simply, it all added up to heaven on a plate, and I’m not sure I can ever eat a BLT made any other way. A generous serving of jalapeno peach coleslaw was my side dish.
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Fine Food Review
Continued from page 31
My grandmother would have approved of the use of celery seeds and apple cider vinegar in it. While the slaw was delicious on its own, at server Christine’s suggestion, I added some to a couple of bites of my sandwich. All I can say is that the combination defies description.
Throughout our meal, Christine exuded Southern charm and was quite fun. When she arrived with the dessert tray, all she said was that it needed no explanation. When pressed about what dessert she recommended, for the first time during our meal she deftly ducked the question by saying that every item on the tray was a favorite of at least one staff member. Since Magnolias is known for its pecan pie, our choice of what to share was easy. Astutely served with spoons rather than forks, it was topped with a scoop of vanilla ice cream and a thick bourbon caramel sauce. While the pie needed nothing to sing on our palates, that rich bourbon caramel sauce somehow seemed mandatory by the time we scraped the last drop of it off the plate.
Overall, both the service and attention to detail were the best we’ve experienced in the U.S. since our dinner at Kann in Portland in 2023. It was refreshing to be in a restaurant with a well-trained wait staff that knew the menu inside out and was large enough to actually work the entire dining room without leaving diners feeling stranded at any point.
Christine shared that they watch their patrons for what they call the ‘lean back’: when someone puts their utensils down and leans back in their seat, the servers know that the meal was enjoyed and the guest has reached capacity. In my case, I not only enjoyed every bite, I also enjoyed all the happy memories of those scrumptious, finger-licking-good Sunday dinners at my grandmother’s table.
Ditch your fork and grab a spoon to savor this pecan pie topped with a scoop of vanilla ice cream and a thick bourbon caramel sauce.
Ms. Denaro is with the Wyomissing firm Plank Frankowski.
Simple ingredients will have you scooping up every morsel of the deviled eggs appetizer.
Magnolias’ signature dish is an eggroll with a southern twist.
Book Review
A MAN OF IRON
By TROY SENIK
Reviewed by Eric J. Taylor, Esquire
When thinking about some of our nation’s larger-thanlife Presidents, names like Washington, Jefferson, and Lincoln spring to mind. Mention Cleveland and most people’s thoughts turn to the large Ohio city on the banks of Lake Erie, not President Grover Cleveland1. Donald Trump’s return to the White House in January may have refreshed our memory about Grover Cleveland’s historical relevance. Trump is the second President to serve non-consecutive terms now as the 45th and 47th President. Cleveland was the first to win non-consecutive terms, serving as the 22nd and 24th President.
Troy Senik’s A Man of Iron strives to remedy President Cleveland’s relative obscurity and is a good read for even those who aren’t hardcore history buffs. Senik’s thesis is that this atypical president2 was one of this country’s greatest presidents, that Cleveland had character on par with George Washington, and that Cleveland maintained his character throughout the rigors of his presidency. TROY SENIK, A MAN OF IRON 1-2 (Threshold Editions 2022). These days, however, Cleveland is barely known3, let alone celebrated. And of the 14 Presidents who served two terms, nearly all of them are more recognized than Cleveland. Id. at 316.
Cleveland was a lawyer before he ran for political office. For most of his legal career he worked as a private attorney, but he did serve as an assistant district attorney and sometimes as an
arbitrator. Id. at 30-32, 196. Cleveland’s fellow attorneys held him in high esteem because of his work ethic. He was never unprepared for arguments and counter arguments. Id. at 39.
In fact, he was regularly appointed as an arbiter because of his 18-hour workdays and his impartiality. Id. Indeed, Cleveland’s integrity4 and his dedication to hard work were unique traits throughout his career, not only as a lawyer, but as a statesman too. An example of Cleveland’s dedication is that he learned he had been nominated as a mayoral candidate while he was in court arguing a case, whereupon he excused himself, gave brief remarks at the convention, and then returned to court. Id. at 44. And as a lawyer, he accomplished something few lawyers have, arguing a case before the United States Supreme Court (in between his nonconsecutive presidential terms). Id. at 196, 196 n.2.
Cleveland had an interesting, and quick, ascent to the presidency. His first elected position was as a county sheriff, where he performed two executions, and was afterwards nicknamed the “Buffalo Hangman.” Id. at 36-37. Several years later, he was elected Mayor of Buffalo. Still, in his first year as mayor, he ran for Governor of New York and won, by the largest margin ever at that time. Id. at 46-47, 61-62. And then while still in his second year as governor, he ran for president and won. Id. at 62, 112, 115. Within just three years, Cleveland went from Mayor of Buffalo to President of the United States. Id. at 297.
Continued from page 33
Cleveland was a rare, and often unique, president in many respects:
• Cleveland was, of course, the first president to return to office after losing a re-election bid.5 Id. at 5, 316.
• Cleveland was the only elected Democratic President between 1856 and 1912, as the Republicans had a nearmonopoly on the White House during that span. Id. at 5, 8-9, 75, 120-21, 321.
• Cleveland is one of only a few candidates nominated three times by the Democratic Party to be president, to win the popular vote in three elections, and to win the popular vote but lose in the Electoral College. Id. at 191, 209, 218, 316.
• Cleveland is the only president to get married at the White House, and the only president to have a child born in the White House. Id. at 6, 247.
• Cleveland issued 584 vetoes, more than any other president except FDR, who served 12 years in office compared to the 8 Cleveland served. Id. at 7.
• Cleveland was the first president to be placed under anesthesia (while getting operated on while on a boat, unbeknownst to the public), and the last president to not be recorded on audio. Id. at 6, 250, 292 n.
• Cleveland oversaw New York City’s first ticker tape parade, which culminated in his being part of the dedication of the Statue of Liberty, now one of the most recognized symbols of our nation. Id. at 154-55.
• The only time two candidates who both had presidential experience went head-to-head was when Cleveland ran against his successor, then incumbent President Benjamin Harrison.6 Id. at 211.
As noted already, two of Cleveland’s most prominent and defining characteristics were his morality and his work ethic. Cleveland was recruited to run for at least one office because of his reputation of being uncorruptible. Id. at 34. Once in office, Cleveland would accept the lowest bids for work projects and deny his friend’s higher bids. Id. at 49-50. Cleveland made appointments based on merit rather than party affiliation, including denying an appointment for one of his former law partners. Id. at 66, 132-33. And while running for the presidency, Cleveland refused to bring up his opponent’s personal issues, even threatening to resign the candidacy if his party did, and when confronted with allegations, inter alia, that he had impregnated a woman outside-of-wedlock, his response was to simply tell the truth7. Id. at 89-91. Cleveland routinely made decisions where he thought he was right, even
when he knew that making a different choice might benefit him politically. Id. at 320.
Throughout his life, Cleveland burned the candle at both ends, with his typical work hours as a lawyer being 8 AM until 3 AM. Id. at 31, 63. When Cleveland first became president, he typically worked from 8 AM to 2 AM, contrasted with his predecessor whose usual hours were 10 AM until 5 PM. Id. at 117. Cleveland even spent the first half of his wedding day working, though after being married he worked less to spend more time with his wife. Id. at 160, 163-64. And he threw himself so much into his presidential duties that his re-election campaign suffered as he hardly spent any time trying to get reelected. Id. at 188 n.
Cleveland did not shy away from enjoying himself though and sometimes put in the same long hours that he did at work into his recreation, which included hunting and fishing, as well as drinking and gambling. Id. at 40. From his decades of living in Buffalo, with its large German population, Cleveland came to enjoy beer and sausages. Id. at 26-27. When he was not working his long hours, he experienced a few “lost nights in the pubs,” to the extent that he lost most of the following day. Id. at 40. There was also a story of Cleveland engaged in a bar fight where he slammed a man’s head into a gutter. Id. Senik wrote that Cleveland’s love of beer is what ultimately led him back into public office, as he was in a pub one fateful night when he encountered some frustrated Democrats who had been unsuccessful in recruiting their next candidate for Mayor of Buffalo, and by the end of the evening, Cleveland was on his way to becoming their candidate. Id. at 41-42.
A Man of Iron was well researched, and the author clearly enjoyed his subject. The author certainly knew a lot not only about Cleveland but many of the other presidents too8. Throughout the book are presidential trivia and tidbits such as other presidents’ trips around the country, how the ‘George Washington slept here’ signs got started, and which first lady was responsible for the tradition of having a band play “Hail to the Chief” when her husband entered a room. Id. at 158 n., 166-67. But even other bits of minutiae are sprinkled throughout the book, including how the phrase “Buffalo girls” referred to how widespread prostitution was in Buffalo at that time. Id. at 27.
Senik is skilled in his turn of a phrase and injects humor throughout A Man of Iron, and two examples follow. The first is where he described how much weight Cleveland gained while living in Buffalo, penning that Cleveland gained about “one hundred pounds (in presidential terms, the equivalent of swallowing James Madison whole)”. Id. And after quoting Cleveland’s remarks at the Statue of Liberty’s dedication, Senik remarked that it was “[n]ot bad for a beer-guzzling ex-hangman.” Id. at 155.
The author used many words and phrases that I was unfamiliar with which, when I could not figure out what they meant contextually, I had to look up. While I believe I am fairly well-read, some of the words and phrases that I did not know were: “shibboleth,” “sybaritic,” “cri de Coeur,” “revanchist,” “antediluvian,” and “the trolley problem.” Id. at 80, 92, 179, 268, 307, 318-19. Having to look up these words and phrases halted the flow of my reading.
Having to periodically dive into a dictionary is only a minor criticism, however, as I enjoyed reading A Man of Iron and learning about one of our lesser known, but according to Senik one of our most ethical, presidents. The title of the book comes in part from Cleveland’s obstinance and unwavering belief in his principles, and Senik declared Cleveland unique among presidents in that he was “thoroughly unimpressed by the pretensions of politics, unwilling to jettison his core beliefs even when expediency or prudence may have counseled otherwise, unmoved by hate or scorn as long as he believed he was keeping faith with his principles.” Id. at 9. Near the end of his book, Senik wrote that although sometimes we have mediocre leaders, it is wrong “that the least we can tolerate is the most to which we can aspire.” Id. at 322. We can only hope that voters have their choice of principled candidates like Grover Cleveland in every election, presidential or otherwise.
Mr. Taylor is the Magisterial District Judge for the boroughs of West Reading and Wyomissing.
References
1 A distant cousin of Grover Cleveland’s founded the city that bears his name. TROY SENIK, A MAN OF IRON 13-14 (Threshold Editions 2022).
2 Cleveland did not have the sound, look, pedigree, or ambition of becoming a United States President. Id. at 4-5.
3 Cleveland may have been more familiar had he been the face on our $20 bill, as was suggested at one point, but he was later relegated to the $1000 bill, and that denomination was later discontinued. Id. at 317.
4 Cleveland was very principled. He refused to represent a corporation, even though it would have made him wealthy, because he did not want the corporation to overrule his conscience. Id. at 39-40. Further, Cleveland never represented defendants in criminal cases, as he did not want to defend someone who could actually be guilty, and as a teenager, he espoused that to do so would be “immoral.” Id. at 39, 39 n. Over the years, I have had to repeatedly explain to nonattorneys why lawyers can ethically represent defendants in criminal cases even knowing they are guilty. Some lawyers are not comfortable representing defendants in criminal cases, but I don’t recall ever meeting a lawyer who believed it would be unethical to do so solely because the lawyer knew their client to be guilty.
5 Prior to the 2024 Presidential Election, Cleveland was the only president to do this.
6 This nearly happened a second time in the 2024 Presidential Election, but President Joseph Biden bowed out months before November, whereupon Kamala Harris became the Democratic nominee.
7 The only smear on his reputation for candor was when Cleveland had his surgery and his representatives lied that it was only dental work when doctors were removing a possible cancer, but because of Cleveland’s reputation, the press largely believed this misrepresentation. Id. at 255-57.
8 Senik disclosed that he repeatedly read a book on American presidents as a child. Id. at 325-26.
Berks County Welcomes 63 New Citizens
The Honorable James M. Lillis presided over a naturalization ceremony that welcomed 63 new American citizens on April 9 in Courtroom 5A of the Berks County Courthouse. Many of these new citizens waited over 6 months for this ceremony as the last one was postponed due to President Donald Trump’s visit to the area. Officer for the United States Bureau of Citizenship and Immigration Services Natasha Joyner presented certificates of citizenship to the newly naturalized citizens, who originated from 9 different countries, including Sierra Leone and Vietnam. Hamid Chaudhry, a local entrepreneur and small business owner, was the ceremony’s guest speaker and shared the story of his own immigration to America and the opportunities this country gave to him and his family. Many members of the community joined the celebration, including the Reading High School U.S. Marine Corps JROTC, who presented the colors, and the Reading A’ Cappella Voices, who sang the national anthem.
The 63 newly naturalized citizens, President Daniel C. Nevins, co-chair Julia Adams, and the Honorable James M. Lillis gather for a group photo after the ceremony.
Julia Adams, co-chair of the Citizenship Committee, opens the ceremony and thanks all family and guests for joining in this important day.
Natasha Joyner, Officer for the U.S. Bureau of Citizenship and Immigration Services, checks in one of the new citizens and reviews the last places she traveled.
The new citizens raise their right hands as they recite the Oath of Allegiance, administered by the Honorable James M. Lillis.
The Reading A’ Capellas sing a patriotic medley after their rendition of the National Anthem.
Denise Eva Thornton, originally from Canada, accepts a mini-American flag from Law Journal Secretary Rose Johnson.
Guest speaker Hamid Chaudry shares his story of immigration to America from Pakistan.
President Daniel C. Nevins addresses the new citizens and shares his excitement to see all they will accomplish and bring to the community.
MidPenn Managing Attorney Katie Wentzel, Lawyer Referral Service Coordinator Lucy Brito, and Community Outreach Committee Chair Alison Palmer represented MidPenn and the Bar Association at State Representative Johnny Cepeda-Freytiz’s Women’s Resource Fair on March 8.
Members enjoyed soul food from local black-owned restaurants during a special CLE seminar “Giant Killer: The Cases that Made Willie Gary One of America’s Prominent Trial Lawyers” to honor Black History Month on February 26.
By Donald F. Smith, Jr., Esquire
JUSTICEANDJOY!
For every - one born, a place at the table, for every - one born, clean water and bread, a shelter, a space, a safe place for growing, for everyone born, a star over - head.
The above is the first verse of “A Place at the Table,” a communion hymn sung occasionally in my congregation.
After retiring as BCBA’s executive director, I volunteered with MidPenn Legal Services, representing tenants facing eviction. I was inspired to do so after reading Matthew Desmond’s book Evicted: Poverty and Profit in the American City.
His motivating line was, “When a tenant does not have the assistance of counsel in court, due process has been replaced by mere process: simply pushing cases through.”
Once the pandemic hit with federal rental assistance funds being available and with my MidPenn experience, I advocated replicating a program I had observed in Norristown – having a pro bono attorney present at a magisterial district courtroom together with a person having authority to take rental assistance applications.
Magisterial District Judge Tonya A. Butler agreed to participate and to assign all of her landlord-tenant cases each week to be tried in one afternoon. Kimberly Talbot, Executive Director of Reading’s Human Relations Commission, agreed to coordinate the assistance applications.
With the blessing of then-President Judge Thomas Parisi, the program began in September 2020. For the next four years I was in Judge Butler’s courtroom on almost a weekly basis, along with a rotating cast of pro bono attorneys, attempting to assure tenants “a shelter, a space, a safe place for growing.”
The Housing Alliance of Pennsylvania took notice and conducted a study of Reading’s eviction dockets. It disclosed our efforts were showing success. In 2019, a full year prior to the epidemic, 480 eviction cases were filed in Judge Butler’s district. She granted eviction in 80% of the cases, a percentage comparable to the other four City districts. Tenants were successful about 10% of the time. Another 10% of the cases were withdrawn or settled.
Then, the Alliance looked at case numbers for 2021, the first full year our project operated, although a partial moratorium was in effect for eight months. Of the 186 cases before Judge Butler, she only granted 68 evictions, or 36%, down from 2019’s 80%. However, in the City’s other four magisterial districts, the eviction rate was similar to the pre-pandemic rate of 79%.
Also, in Judge Butler’s courtroom, victories for tenants increased to 32% as did the number of withdrawn or settled cases. Clearly, a tenant having an attorney assuring due process and having a judge willing to listen were making a difference.
I have now retired completely from volunteering. Amy B. Good has taken over leadership of the program. She has a passion for representing the poor.
Looking back over my volunteer work since retiring as executive director, I am happy to have stood with hundreds of tenants in court, even if not always successful. At least, the tenants were the recipient of due process, not just mere process, and they were grateful to have had an advocate. Most of the other volunteer attorneys have expressed feeling rewarded by serving as that mouthpiece. I applaud those attorneys and Judge Butler for making it possible. Creators of justice!
One special achievement I experienced was to successfully apply the Consumer Protection Law to a landlord-tenant dispute for an “unfair and deceptive act or practice.” In that case, the tenant was being evicted simply for requesting a housing
code inspection, which is considered a “protected tenant activity.” Judge Jeffrey K. Sprecher awarded treble damages to the tenant under the CPL for the landlord’s “egregious punishment.”
More recently, in two landlord-tenant cases, not involving my representation, Magisterial District Judge Eric J. Taylor awarded treble damages: Geoghegan v. Metropolitan Management Group, 116 Berks L.J. 161 (2024) (landlord’s “deceptive act” was to improperly deduct $800 from the security deposit and, thus, tenant was entitled to a $800 refund under the Landlord-Tenant Act of 1951 and $2,400 under the CPL); and Billger v. Metropolitan Management Group, 117 Berks L.J. 88 (2024)(landlord violated the implied warranty of habitability by not eliminating a black mold condition affecting the tenant’s health, causing her to lose income by missing work and to break the lease due to the non-repair; she was awarded $1,623 for loss of income, refund of the security deposit in the amount of $1,971.47, and $5,914.41 in treble damages for a total award of $7,885.88).
Too many tenants feel powerless to contest a landlord’s withholding of a security deposit, especially if there is a language barrier. I applaud the private attorneys in those two cases for undertaking the litigation, and I applaud Judge Taylor for applying the CPL to achieve justice. May they be an example for other lawyers and judges to follow.
As the hymn’s refrain points out: God will delight when we are creators of justice, justice and joy!
This is my twenty-seventh “Closing Argument” and my last. I appreciate having had this platform by which to tell stories, share insights, and to just generally vent. For those who took the time to read my musings, thank you!
Mr. Smith
is Executive Director Emeritus of the Berks County Bar Association.
