Berks Barrister Winter 2025

WINTER 2025

The Award-Winning Publication of the Berks County Bar Association

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ROB THOMSON

Headlines 16th Annual Holiday Benefit Luncheon

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BOARD OF DIRECTORS

Content for Winter 2025

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

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.

Features: 8

State of Our Bar Association is Vibrant

10 Annual Meeting – October 24, 2024 14 Media Magnet: How one member’s decision to change political affiliation led to international news coverage.

18 Judicial Plebiscite: A Service to Members and Voters 20 National Citizenship Day Clinic 21 Heroes Helping Heroes Plan for the Future 22 Phillies manager talks about playoff disappointment, staying on top in the Majors: Rob Thomson headlines the 16th Annual Holiday Benefit Luncheon 26 16th Annual Holiday Benefit Luncheon 30 Welcome New Members!

36 Holiday Reception 38 Miscellaneous Docket

Departments: 5

Opening Statement

28 Book Review 32 Restaurant Review 39 Closing Argument

w w w. H o f f p u b s . co m Hoffmann Publishing Group, Inc. 2669 Shillington Road, #438 Reading, PA 19608

COVER: Phillies manager talks about playoff disappointment, staying on top in the Majors. Rob Thomson headlines the 16th Annual Holiday Benefit Luncheon, page 22.

For Advertising Information & Opportunities Contact: Tracy Hoffmann 610-685-0914x701 Tracy@Hoffpubs.com

Opening Statement

Daniel C. Nevins, Esquire 2025 Berks County Bar Association President

Keeping the Momentum Going I

am thrilled to have the opportunity to serve as the Berks County Bar Association’s 2025 President. I am truly humbled by the trust placed in me by the membership and aim to do my best to live up to the legacy of our ninety-one past presidents. Since becoming an attorney and Bar member in 2005, I’ve been fortunate to learn from the examples set by these leaders and grateful to count on so many as colleagues and friends.

I would especially like to thank Past President Karen Cook for an exceptional 2024. Karen’s presidency included an emphasis on Civics Education, with several specific projects dedicated to the idea of welcoming young minds into public life. Undoubtedly, many young adults will become more engaged citizens or perhaps have been inspired to pursue an interest in government or law as a career because of Karen’s initiative.

Past President Gabby Raful was prolific as 2023’s Bar leader. When I rejoined the Board as Vice President that year, it was clear that Gabby had a robust plan for all facets of Bar operations but had a special interest in the area of Jury Diversity. Anyone with a trial practice can tell you that, historically, a lack of diversity in jury panels has been prevalent throughout the Commonwealth and is to the detriment of our clients and to the proper administration of justice.

Gabby’s efforts resulted in improved community outreach and important local and statewide partnerships that remain ongoing.

Karen and I attended the Bar Leadership Institute (BLI) in Chicago, IL in March of 2023 along with Executive Director Kori Walter. One big takeaway from the conference was the power of building on the programs established by previous presidents to create a positive and lasting continued on next page

Creating continuity between bar association presidents was a major takeaway from the 2023 Bar Leadership Institute I attended along with Executive Director Kori Walter and Karen Cook.

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Opening Statement Continued from page 5

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impact. I hope to continue to build on Karen and Gabby’s work and that of the many others before them.

As a Bar Association we will continue to highlight Civics Education as a part of our community outreach. Engaging local students and other young adults will be a focal point and is underway as we offer programs on local campuses, such as the recent Title IX seminar on Kutztown University campus, and programming involving high school and elementary students. Each May our Law Day event attracts students as well as local office holders to celebrate the rule of law in our democracy. We support Berks County’s high school students participating in Mock Trial competitions, and many of our members have student interns working in their offices for class credit. And, new for 2025, we have established a committee on Jury Diversity that will be chaired by Past President Raful and continue the work that she began in 2023. Extending the Bar Association’s positive influence in our community by playing an active role in educating our community will remain on the docket for 2025 and beyond.

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In addition to continuing with Karen and Gabby’s efforts, I’d like to introduce a renewed focus on Attorney Wellness.

We all know that taking better care of ourselves allows us to better serve our families, clients, and communities. Despite this reality, far too often we put our own wellness at the bottom of the list of priorities, much to the detriment of our practices and personal lives. Fortunately, the Bar Association is here to help. In 2025, we will be continuing Wellness programs and introducing a series of nudges to support better health and wellness for our members.

Wellness Committee Co-Chairs, the Honorable Justin Bodor and Joe Speece, have mapped out a full slate of Book Club selections for each quarter of the year. The first meeting is to be held on March 20, 2025 featuring law professor Adam Benforado’s A Minor Revolution. We all know that reading feeds the soul, and I’d submit that discussing a book with friends and colleagues is the cherry on top. Please consider joining us for one or more of the meetings this year.

There are several specific events and ongoing initiatives intended to facilitate wellness for our membership, including: Pets at the Park: Set for Saturday, June 7, this event has become an annual tradition for members, their families, and their four-legged friends. Join us at the Jim Dietrich dog park in Muhlenberg Township on Saturday, June 7 for refreshments

from the Perk Up Truck and all the tail wags you can handle.

Wellness Walks: 2024 saw the beginning of regular downtown “Wellness Walks” spearheaded by the Honorable Jill Scheidt, held at lunchtime and looping down Court Street towards RACC on mild days. The Wellness Committee is working towards expanding the effort and welcoming members to join an email list for updates on the mid-day walks.

Outdoor meetings: During our warmer months, I’d like to encourage section and committees to meet outdoors, when possible. This could include a walking meeting, making use of public space or a firm’s outside curtilage.

Volunteer opportunities: The Bar Association offers a range of volunteer activities that benefit members even as they benefit the community. The Book ’Em project, Citizenship Clinic, or Wills for Heroes are among the programs always looking for new volunteers. Committees and Sections are always looking for CLE presenters; please consider sharing your expertise with other members while working on valuable public speaking skills.

We all know that to perform well we must be rested, healthy, and present. Anything less than that and we run the risk of not providing our best to our families and our clients.

Our Bar Association is here to support members as we look to stay on top of our games in 2025.

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State of Our Bar Association is VIBRANT

By Karen H. Cook, Esquire

O

ur Bar Association is indeed vibrant and offers something for everyone. Throughout 2024, our members and the Bar Association staff organized and participated in various programs and events to promote professional excellence, encourage collegiality, and provide educational programs for the public, each of which are part of the Mission Statement of the Bar Association.

Jill Koestel, Karen Cook, and Joe Speece spoke in October to Gov. Mifflin High School students about careers in the law.

Daniel Cortes teaches the group how to dance the bachata, a native dance of the Dominican Republic, during the Hispanic Heritage Month Downtown Restaurant Crawl.

Pausing for a photo in front of a replica of a typical Colombian home inside Café de Colombia.

New events, such as the Hispanic Heritage Month Celebration, help keep our Bar Association vibrant.

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To promote professional excellence, the Sections and Committees of the Bar Association met regularly to discuss updates in the law and topics relevant to the members’ practice areas, to interact with the Judges, and to discuss strategies to become better practitioners. The Sections and Committees also presented CLEs at Bar Association luncheon seminars and the annual Bench-Bar Conference in April, all at a reasonable cost to our members. Thank you to all who participated in the Committees and Sections this past year.

To promote collegiality, the Bar Association offered many opportunities throughout the year for the members to meet in a social setting and have some fun. Events held in 2024 included a night at the Reading Royals, March Madness at The Works, the annual golf outing and picnic, a bus trip to a Phillies game, Pets in the Park, the Annual Meeting and dinner, a new member reception, and the holiday reception.

A new event in 2024 was the Downtown Hispanic Restaurant Crawl. Commemorating Hispanic Heritage month, members enjoyed an evening sampling local cuisine and experiencing traditions of the Hispanic culture represented in the city of Reading.

Spearheaded by Board member Daniel Cortes and Immediate Past President Gabby Raful, the crawl featured traditional dishes from El Salvador, Western Honduras, Ecuador, Puerto Rico, Colombia, Dominican Republic, and Mexico. The first stop was the third floor of the Bar Association building for pupusas from El Salvador & Western Honduras and Gabby’s homemade shrimp ceviche from Ecuador. Then members walked about a block north on Court Street to Café de Colombia. The restaurant in the courtyard adjacent to the former Exide Building served beef and chicken empanadas and chicharron and chorizo with papa criolla. Next, at Skylight Lounge, members enjoyed the cuisine of the Dominican Republic, such as picadera and mini mofongo cups. Daniel even led the group in a short dance lesson prior to the meal. The night ended at Sunset Ice Cream where members tasted the Mexican dessert mangonada, which is made with a sweet mango sorbet. Gabby and Daniel shared their knowledge of several of the countries and their cuisine, and everyone had a lot of fun tasting the food and learning together.

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Hopefully, these events provided some diversion from the daily stress of practicing law and allowed you to get to know fellow members outside of the courtroom.

To help educate the public, the Bar Association organized several events to promote the focus of my year as President of promoting civics education in our schools and the community.

Bar Association members volunteered to serve as judges and jurors in the regional Mock Trial Competition that the Bar Association hosted in February, where more than one hundred students from nine high school teams from Berks, Lehigh, and Northampton counties participated. Members also participated with the Rendell Center to help students from several high schools and Reading Area Community College prepare to argue each side of a case at the appellate level and to educate the students on the structure of our Court system and how it works. Members also participated in the Reading School District Career Pathways Program held at the four middle schools of the Reading School District to speak to 8th graders about careers in the law and spoke to an AP government class at Governor Mifflin High School about careers in the law. Education programs relevant to the 2024 election year included having Al Schmidt, the Secretary of the Commonwealth, participate in a question-and-answer session on the election process at the annual Law Day lunch in May. Then on October 7, just a few weeks before the Presidential election, the Bar Association partnered with the non-partisan group Keep Our Republic and Alvernia University for the program “Trust in Our Elections: A Community Conversation.” This program covered the basics of Pennsylvania Election Law. Fair and secure elections are the bedrock of our democracy; however, many members of our community have little information about what happens after they cast their ballots. This informative, nonpartisan panel of the Honorable Tom Vanaskie, retired Federal Circuit Court Judge; Michael McDonald, Policy Director with the Pennsylvania Department of State; and Cody Kauffman, Berks County First Assistant Solicitor, with Alvernia University Political Science Professor Dr. Victoria Williams led a discussion on the 2022 Electoral Count Reform Act (ECRA) and explained the law and possible scenarios that could arise during upcoming critical elections while fostering a deeper understanding of the 2024 election process and equipping our community to combat misinformation surrounding election integrity.

Gabby Raful and Daniel Cortes explain the different varieties of pupusas to Immediate Past President Karen Cook and Law Foundation President Val West.

Members dig into the picadera, which consists of a variety of finger foods, including fried cheese, longaniza, pork, and tostones, at Skylight Lounge.

Karen’s opening remarks at the October 7 “Trust in Our Elections” event at Alvernia University.

A big thank you to all members for your participation in the programs and events offered by the Bar Association in 2024. Your participation makes our Bar Association the vibrant association it is. Thank you also to Executive Director Kori Walter and the Bar Association staff for their contributions to make the programs and events possible.

I look forward to working with Bar President Dan Nevins this year. I have every confidence his hard work and leadership will keep our Bar Association vibrant.

Ms. Cook served as Berks County Bar Association President in 2024.

Panelists at the “Trust in Our Elections” event from left are: Michael McDonald of the Pennsylvania Department of State; Dr. Victoria Williams, Alvernia University political science professor; Hon. Tom Vanaskie, a retired Third Circuit Court of Appeals judge; Cody Kauffman, an Assistant Solicitor for Berks County; and Karen.

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Annual Meeting October 24, 2024 Members came together once again at the Berkshire Country Club on October 24, 2024 for the annual membership meeting to celebrate the accomplishments of our members and the Bar Association over the past year and welcome the 92nd president of the Berks County Bar Association Daniel C. Nevins. Three 50-Year Members were honored: David R. Eshelman, Jestyn G. Payne, and Gregory R. Young. Four members were recognized for their outstanding contributions to the association and Berks County community: Jason Glessner and Lisa Siciliano for facilitating another successful mock trial competition and Kelsey Frankowski and Allen Gehring for chairing the annual Law Day Luncheon.

Karen Cook delivers her presidential remarks as she reflects on the efforts and accomplishments that the Bar Association made in 2024.

Immediate Past President Karen Cook with all the night’s honorees: Allen Gehring, David Eshelman, Gregory Young, Jestyn Payne, Karen Cook, Kelsey Frankowski, Jason Glessner, and Lisa Siciliano.

David Eshelman, Gergory Young, and Jestyn Payne celebrate the 50-Year Member milestone.

10 | Berks Barrister

Greg Scott, Lewis Hall, Lauren Butterworth, Courteney Hahn, and David Dautrich.

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Annual Meeting Continued from page 11

Bill Christman, Deputy Executive Director for PBA, presents Scott Jacobs with the 2024 PBA Pro Bono Award for his continued efforts in always providing legal services to those who need it most in the Berks County community. Scott was unable to attend the meeting.

Karen Cook with the presidential award of merit honorees: Lisa Siciliano, Allen Gehring, Karen Cook, Kelsey Frankowski, and Jason Glessner.

Karen Cook passes the presidential medallion – the emblem of the office of Bar President – to Dan Nevins.

The Honorable Patrick Barrett with 50-Year Members Gregory Young and David Eshelman.

Thad Gelsinger, Eden Bucher, Caitlin Long, Jonah Markle, Lauren Marks, BCBA Director Daniel Cortes, BCBA Director Jesse Leisawitz, Adam Levin, Jennifer Nevins, and Chuck Phillips.

12 | Berks Barrister

Bill Christman, PBA President-Elect Kristen Hamilton, Karen Cook, Katie Wentzel, and PBA Wills for Heroes Coordinator Gabriele Miller Wagner before the meeting begins.

Dan Nevins accepts the presidential gavel from Immediate Past President Gabriela Raful and Karen Cook. This tradition recognizes the service and counsel of past presidents of our bar.

Daniel Nevins thanks his fellow members for attending the meeting and shares his plans for the next year as the 2025 president of the Bar Association.

Bill Christman, Gabriela Raful, and Daniel Cortes.

Eugene Orlando, Honorable Patrick Barrett, Jesse Pleet, Honorable Madelyn Fudeman, Gregory Young, Shawn Lau, Toby Mendelsohn, and Bernard Mendelsohn.

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MEDIA MAGNET

John King of CNN interviews Joan E. London in her kitchen for the network’s “All Over The Map” series prior to the 2024 Presidential Election. She appeared on CNN twice last year, offering her views on issues and the campaign.

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National and international news stations interviewed a Berks attorney several times about the 2024 presidential election following her difficult decision to leave the Republican Party.

By Joan E. London, Esquire

I

n my last “Opening Statement” as 2018 Bar President, I observed that “[m]y transition to Bar leadership, and this year in particular, have been one of growth, and of doing things I would never have visualized myself doing.” Some examples: Attending ABA meetings, presenting a seminar on environmental law, and entering a Kindergarten classroom. Those days are behind me, but there is now another item on that list: Changing my voter registration from Republican to Independent – and talking about it on CNN! The registration change was a difficult decision. I’ve been active in the Republican party since volunteering in high school. For decades, I was a Board member of the Pennsylvania Federation of Republican Women, a Republican committeewoman, a volunteer for the Berks County Republican Committee, and a member of the Republican State Committee. By 2020, however, the party of Presidents Abraham Lincoln and Ronald Reagan had changed.

The formerly optimistic, personal responsibility, and opportunityoriented conservatism of the 1980s had devolved to a grievance-

based populism with shades of pre-WWII isolationism. My hope was that by 2024, former South Carolina Governor Nikki Haley, or another non-MAGA Republican, would win the nomination.

When that didn’t happen, I protest-voted for Haley, who served as Ambassador to the United Nations during Trump’s first term, in the primary and subsequently changed my registration to Independent, joining the fast-growing ranks of the politically homeless. A Gallup telephone survey in January 2024 found that 43% of adult Americans identified as Independents. By comparison, 39% of American adults identified as Independents in 2016, according to Gallup.

During the primaries, I had been vocal on social media, including posting to Ambassador Haley’s campaign Facebook page, that she was best suited to move the party beyond Donald Trump, citing her advocacy for the U.S. and Israel in the UN and distinguished service as governor of South Carolina. This caught the attention of a CNN producer, Jacqueline Kalil, who contacted me in mid-May, with an interview request for the John King “All Over the Map” series. I researched the program, not knowing much about it. The subject of swing state voters and factors in their voting decisions was intriguing. Initially, I was hesitant because of the volatile political climate. Eventually I agreed to participate, deciding that if the mainstream media would air the views of nonMAGA conservatives, then I’d take the invitation to be included in the conversation. continued on next page

Joan’s volunteer work on behalf of Republican candidates began in the 1980s. She’s holding a Reagan-Bush re-election sign in this 1984 local newspaper photo at the Upper Merion Township GOP headquarters in Montgomery County.

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Media Magnet Continued from page 15

Joan’s commentary about the presidential campaign attracted coverage from news stations in Japan. Kotaro Nemoto, left, and Daniel Okay from the Washington Bureau of NHK World – Japan interviewed her last July and October.

The first interview took place on May 22 at Seidel Park off Route 662 in Ruscombmanor Township. When the interview aired, viewers watched what looked like an informal conversation at a picnic table. What viewers didn’t see was the nearly hourlong preparation by the talented team (producer Allie and cameramen Scott and Adolfo) to set up the cameras, microphones, lighting, and other equipment. It was not an easy task with the park in normal use, plus curious Pennsylvania State Police driving by!

Mr. King’s questions were open-ended. The lack of trying to elicit a particular response was refreshing, as I’d had unpleasant experiences with reporters in the past trying to goad an answer to fit a narrative. I explained my long Republican affiliation, sharing, among other items, a 40-year-old newspaper clip showing me holding a Reagan-Bush 1984 sign at the opening of Upper Merion Township’s GOP Headquarters in Montgomery County. At the time of that first interview in the park, President Joe Biden was still in the presidential race. My plan at the time was to leave the top 16 | Berks Barrister

of the ticket blank or write in a yet-to-be determined individual because on principle I could not vote for either President Biden or former President Trump. However, I later publicly switched to voting for Vice President Kamala Harris following her fall debate with former President Trump.

Berks Bar members attending the annual golf outing and picnic saw the taping of background footage – or B-roll – at Moselem Springs, as I walked in, causing a few questions. Bar Association Executive Director Kori even asked if I now brought my own paparazzi to events! My response: “What I’m about to tell you is not a joke. That was a crew from CNN. Berks County is being featured in ‘All Over the Map.’ I was just interviewed. I’m as surprised about this development as you are.” The segment aired the next week, featuring Berks along with several Philadelphia “collar counties.” Throughout the summer and fall, the producers asked participants for reaction to events, including the debates; President Biden leaving the race and the ascendancy of Vice

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President Harris; the assassination attempt on President Trump in Butler County; and his convictions in a New York criminal hushmoney case involving payments to silence an adult film actress prior to the 2016 election.

The “All Over The Map” team was back in Berks on two subsequent occasions. The second interview, in August, began in my dining room and ended at a Pike Township Board of Supervisors meeting. In the backdrop at home were photos of my husband, Walt, and my family. The questions focused on the media frenzy over Vice Presidential Candidate J.D. Vance referring to Vice President Harris and other Democrat women as “a bunch of childless cat ladies who are miserable at their own lives.” The remarks by Vance, Ohio’s U.S. Senator, were made in 2021. My response to CNN’s questions was to dare Sen. Vance to say that to fellow proud, childless conservative ladies, former U.S. Secretary of State Condoleezza Rice, former U.S. Senator Elizabeth Dole, or conservative opinion columnist Ann Coulter! The final interview took place in late October, featuring footage of my block’s fall foliage and the multiple Harris/Walz signs on my street in the traditional Republican stronghold of Wyomissing.

The CNN interview led to other media requests. In June, TV Tokyo contacted me to discuss the CNN segment that aired in May. The reporter was especially intrigued by the 40-yearold newspaper photo taken at the Upper Merion Township GOP headquarters. In July, and in October, I was interviewed

by NHK – Japan. This past fall, I joined the panel for “Berks Perspectives” on BCTV. “Berks Perspectives” is a weekly program where an ideologically diverse panel discusses local, national, and international issues. While discussion is vigorous, it is marked by civility and fact-based arguments, showing that such discourse can be done!

I cannot say enough good things about the “All Over The Map” team, the professionalism and respect they displayed, and the balance of viewpoints in the segments and participants. Although I initially worried about negative feedback, the reaction has been the opposite. People have come to me, often whispering, telling me they saw the program, and hold similar beliefs as those I had expressed to national and international television viewers.

Hopefully, public discussion of diverse viewpoints, whether on the national scale like “All Over The Map” or locally like “Berks Perspectives,” will open the door to more constructive conversations about politics and policy, civilly but not in such hushed tones, and help end the noise and polarization that has marked the debate of the last 10 years.

Ms. London is an attorney with the Spring Township firm Kozloff Stoudt.

Watch the CNN “All Over the Map” Interviews with Joan https://www.cnn.com/2024/05/29/politics/haley-voters-pennsylvania-trump/index.html

https://www.cnn.com/2024/08/12/politics/harris-suburban-challenge-pennsylvania/index.html

https://www.cnn.com/2024/10/26/politics/pennsylvania-haley-voters-trump-harris

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Judicial Plebiscite:

A Service to Members and Voters

By Steve Gorman, Esquire

V

oters will elect a new judge this year to fill a vacancy on the Berks County Court of Common Pleas.

One seat is up for grabs due to the retirement of the Hon. Jeffrey K. Sprecher in early 2024. Candidates for judge in Pennsylvania are permitted to run on both the Republican and Democratic ballot in the May 20 primary election.

If voters select different candidates in May, the candidates who receive the highest vote totals will square off in the November 4 general election.

To help voters make an informed decision about who is best qualified and ready to take on the responsibilities of serving as a judge, the members of the Berks County Bar Association will once again be measuring the candidates in our traditional judicial plebiscite.

Students of history will find that many countries have used plebiscites to decide what form of government should be established or whether to approve changes to the law or their Constitution. Proponents argue that plebiscites are intended to reflect the true will of the people.

18 | Berks Barrister

And indeed the Bar Association judicial plebiscite this spring is intended to express the will of more than 500 local lawyers.

Lawyers who have worked with the candidates, witnessed their temperament, and appreciate the importance of having judges who respect the law, our clients, and our profession.

It is important to understand that the Bar Association does not endorse candidates. Instead, participating attorneys will offer a rating for each candidate running for judge. The ratings, which are outlined in the Bar Association bylaws, are: Highly Recommended The candidate possesses the highest combination of legal ability, experience, integrity, and temperament, and would be capable of outstanding performance as a judge of the Berks County Court of Common Pleas.

Recommended Based on legal ability, experience, integrity, and temperament, the candidate would be able to perform satisfactorily as a judge of the Berks County Court of Common Pleas.

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Not Recommended at this time Based on legal ability, experience, integrity, or temperament, or any combination thereof, at the present time, the candidate is not able to perform satisfactorily as a judge of the Berks County Court of Common Pleas.

Refer your matters with confidence.

After the plebiscite is completed, the Bar Association will publish the results for voters to know how each candidate fared.

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The results will show the percentage and number of votes that each candidate received for each of the three rating categories as well as the total number of members voting.

The plebiscite is important to the public because the role of a judge is difficult for most people to understand. Our attorneymembers know that it takes more than mere likability, name recognition, or the right party affiliation to be a good judge.

It requires a good temperament, a deep respect for the authority of the law, and a solid knowledge base that comes only with experience. No one understands that like an attorney who has practiced before a judge that lacks any one of these criteria and no one is better able to offer an opinion on the ability of a particular candidate to meet those criteria than a local lawyer who regularly practices in this county. Our plebiscite gives the public an idea of how this Bar Association’s attorney-members believe the candidates line up on these criteria without creating the appearance that the Bar Association is casting a vote in favor of one candidate or another.

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Giving our members a chance to hear directly from all the candidates running for judge before casting their ballots in the plebiscite is also important.

The Bar Association’s Governmental Affairs Committee is inviting all the candidates to a forum on Thursday, April 3 at The DoubleTree Hotel in downtown Reading.

Committee members will prepare questions for the candidates’ forum, but we’d like to hear from members about questions they have for the candidates.

Members may email questions to Executive Director Kori Walter at kwalter@berksbar.org by Friday, March 21. The Committee will review questions submitted by members to determine their appropriateness.

All members of our Bar Association are encouraged to participate in the plebiscite as a means of service to voters and with the hope that it will serve as an effective contribution toward a better bench that bears fruit that resembles the justice we all seek.

Mr. Gorman is an Assistant District Attorney in Berks County and a member of the Governmental Affairs Committee.

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National Citizenship Day Clinic Berks Bar volunteers partnered with Villanova Law School students, Community Justice Project, and Centro Hispano to help 16 people apply for U.S. citizenship during a pro bono clinic on September 21, 2024.

The clinic was part of the American Immigration Lawyers Association National Citizenship Day.

Volunteer attorney Daniel Troy interviews an applicant.

Volunteer attorney Andrew Onwudinjo assisting one of the 16 applicants for citizenship.

Villanova Law School volunteers Carolina and Gieselle.

Attorney Rolando Ramos-Cardona and Villanova Law School student Kiyah Reid review a completed application.

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Villanova Law School volunteers Yousef and Ethan communicate with clients thanks to interpreter Guadalupe Munoz from the Hispanic Center.

Clinic Coordinator Daniel Cortes.

Wills for Heroes Heroes Helping Heroes Plan for the Future

Kourtney Bernecker, who spent many hours organizing the event, talks with Reading Eagle reporter Steve Henshaw, discussing the positive impact the Wills for Heroes Pro Bono Clinic has on this county’s first responders and their families.

Joseph Snell and his wife Kristy after they received their completed documents. Snell is an active police officer.

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For the third year in a row, the Bar Association and PBA held a Wills for Heroes Pro Bono Clinic at Muhlenberg High School on Saturday, November 16. Attorneys volunteered their time to assist and draft over two dozen free estate planning documents for military veterans, first responders, and their spouses.

The clinic would not have been possible without event organizer Kourtney Bernecker and Wills for Heroes Liaison and BCBA Board Member Sara Haines Clipp as well as the volunteer members, paralegals, notaries, and sisters of Kutztown University’s Delta Phi Epsilon Zeta Gamma chapter.

Immediate Past President Karen Cook chats with volunteer attorney Mike Wieder before the first appointments of the day.

Delta Phi Epsilon President Madison and volunteer notary Christine Castella with Ryan and Matthew Kaiser.

Jacob Kramer with Jeannette Grater, a law student who volunteered her time to help prepare estate planning documents and gain firsthand knowledge on the process to prepare them.

Delta Phi Epsilon sisters Paige and Rita helped all day with printing and compiling the documents for the attorneys and heroes.

Susan and Mark Pinkasavage. Mark served active duty in the Air Force for part of the 1980s.

Bill Widing reviews the documents prepared by fellow volunteer attorney Phil Edwards.

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Phillies manager talks about playoff disappointment, staying on top in the Majors Rob Thomson headlines the 16th Annual Holiday Benefit Luncheon

By Brian C. Engelhardt, Esquire (Photos by Danielle Laws of Baronial Designs Photography, Reading)

I

t was with candor, good humor, and patience that Philadelphia Phillies Manager Rob Thomson fielded the numerous questions addressed to him at the 16th annual Holiday Benefit Luncheon.

Phillies Manager Rob Thomson fields questions about the 2024 season and how he earned the nickname “Topper.”

The Law Foundation of Berks County and the Pennsylvania Institute of Certified Public Accountants partnered once again for this fundraiser on December 6th at the DoubleTree Hotel in downtown Reading. Questions came from moderators Mark Caltagirone and myself and then from some of the more than 560 attendees. The questions covered a range of baseball subjects. Of course, the one question on most minds was: “What happened with the loss to the stinkin’ Mets in the 2024 Division Series last October and how would the team avoid another early exit from the playoffs this coming season?” For those with short memories, the Phillies dropped the Division Series to their rivals from The Big Apple 3 games to 1, disappointing fans who had high hopes of watching the Phils win a World Series for just the third time in franchise history.

Kudos to Mark for his preparation each year for this event, which benefits the Law Foundation and our Greater Reading Community. People look forward to this event thanks to the efforts of Mark and the staff at the Berks County Bar Association, who spend countless hours throughout the year ensuring everyone has a great time.

Brian Engelhardt asks about Thomson’s path from his native Canada to a career primarily spent coaching and managing from a Major League dugout.

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The preparation for this year’s program was a little different than the past 15 programs. Most of our previous guests were retired Major League baseball players and so our questions focused on their career accomplishments and recounting pivotal moments on the field. Thomson is a baseball lifer whose playing days were short and who is still managing the Phillies. So we had to change the focus of questions to those about decisions Thomson has made as a coach and manager at all levels of baseball and the results he’s been able to get from players on the field.

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Early playoff exit explained Mark led off with what amounted to a “what happened” question, diplomatically asking Thomson about Trea Turner’s assessment immediately following the final loss to the Mets, that, “I personally think we got ourselves out.” This of course was in reference to overall failure of the Phillies’ offense in the series: a team batting average of .186 and slugging percentage of .302 (which, if you eliminated Nick Castellanos’ and Bryce Harper’s offensive contributions over the course of the series would have been an even sadder.130 and .260) combined with a collective 38 strikeouts.

To this, Thomson provided a balanced and thorough response, discussing how during the Division Series, the Phillies failed to follow the principles of hitting that contributed to the team’s success for most of the season. Those principles were centered on exercising patience at the plate, such as waiting for good pitches while not lunging at bad ones; hitting to all fields; and generally slowing the game down.

Thomson earnestly responded to all other questions raised with the same balanced manner, whether posed by Mark, me, or by someone in the audience.

In addressing a question of the poor performance of the Phillies’ bullpen during the Division Series, a collective ERA of 11.37 resulting in two blown saves along with two losses by (now former Philie) All-Star Jeff Hoffman, Thomson stated his belief that it was not due to overuse or fatigue. That did not stop him from acknowledging disappointment with the result.

In reflecting on whether it is preferable to have a bye in the first round of the playoffs, where arguably a team could lose their competitive edge, or play in a best of three games Wild Card elimination round, Thomson stated emphatically that he would not want to be involved with the short Wild Card round because of its volatility. He added, however, that how a team uses the bye week in preparing for the Division Series will make all the difference in its performance. He discussed the balance to be achieved by avoiding staleness through practice, while at the same time avoiding overwork and allowing the players to get some rest during the week.

As to what steps the Phillies are taking to avoid the catastrophe of not winning the next World Series, Thomson offered that while he doesn’t see radical changes in the overall team structure, that there would be changes in the bullpen due to several members of the bullpen being free agents (Jeff Hoffman now having signed with Toronto.) As to any other changes (Alec Bohm?), he talked of his good relationship with team President Dave Dombrowski and recently appointed General Manager Preston Mattingly, and that while he will be consulted on personnel changes, the ultimate decisions are those of the front office.

One question that got a uncharacteristic rise out of Thomson involved a suggestion of moving Bryson Stott to shortstop, with Thomson stating that Stott was an All-Star second base man and should stay there. Case closed.

From Canada to a career in baseball As to Thomson’s background, he is a native of Canada, growing up in the Ontario province, where he played baseball and hockey from childhood until he gave up the latter sport at age 17. After a year playing baseball for a community college, he attended the University of Kansas where he batted .443 in 1984 – the highest mark in school history – then batted .389 average in1985, when his teammates voted him the team’s Most Valuable Player. During that time, he was the catcher for Team Canada in the 1984 Olympics.

Selected by the Detroit Tigers in the 32nd round of the 1985 amateur draft, for three years Thomson split time at third base and catcher playing in the at low Class A and rookie league level in the Detroit system.

The Tigers then hired him as a minor league catching and hitting instructor for two years, the last of which was spent with the 1989 London Tigers of the Eastern League, when he experienced Reading and its fans for the first time.

In 1990 Thomson accepted a position in the New York Yankees system as a coach and catching coordinator, spending spring training coaching the Yankees both in the minor levels and major leaguers alongside then-Yankee manager Buck Showalter.

It was the beginning of a 27-year run by Thomson in the Yankees system, during which he coached and managed at all levels of the minor leagues, followed by his spending 5 years working as a coach at the major league level for future Hall of Fame inductee Joe Torre. When Torre parted ways with the Yankees, in 2008 Thomson worked under Manager Joe Girardi, shifting between bench coach and third base coach at different times, including in 2009 when he had a great seat as the Yankees’ third base coach when they beat the Phillies in six games in the World Series.

Following the Yankees firing Girardi and replacing him with Aaron Boone, Thomson, who had been one of the leading applicants for the job, took a position as the Phillies bench coach for newly-hired manager Gabe Kapler in 2018. He left the Yankees very proud of the 5 World Series rings he had earned while a part of that organization.

Thomson remained as bench coach; Girardi replaced Kapler as Phillies manager in 2020. On June 3, 2022 Thomson succeeded Girardi as Phillies manager on an interim basis for the remainder of the season when Girardi was fired with the team having a record of 22-29. continued on next page WINTER 2025 | 23

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Phillies Manager, Ron Thomson Continued from page 23

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Notable was that Thomson became the first Canadian manager in the majors since George Gibson managed the 1934 Pittsburgh Pirates. More notable was that the Phillies won their first eight games with Thomson at the helm. Thomson would lead the Phillies to the final National League wild card that season, and following the Phillies upsetting the St. Louis Cardinals in the Wild Card Series that season, the interim tag next to his name was removed as he was given a two-year contract. Thomson was the 4th manager in Major League history to take over a team at least seven games under .500 and make it to the postseason, also leading the Phillies to the postseason the next two years, but falling short of the World Series.

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Thomson explains how an unfortunate lapse in plate discipline led to an early exit from the playoffs in October.

The Topper factor Thomson’s explanation of his nickname, “Topper,” was probably a revelation to many in attendance. (Prior to the event, a scientific poll was conducted, with only 3 of the multitude of those polled having knowledge of the origins of Thomson being known as “Topper.” Hint: it has nothing to do with either the 1937 film or the 1950s TV series.)

Thomson explained that “Topper,” which is the most prominent of Thomson’s several nicknames which include “Thoms” and “Philly Rob,” goes back to one of the many roles he filled during his time in the New York Yankees organization. For the 5 years that Thomson was a member of Yankee manager Joe Torre’s coaching staff, he was charged with the responsibility of running the Yankees’ spring training camp.

As related by Thomson, “Joe liked the way I ran things and said I was always, ‘On top of things.’ He called me ‘Topper’ after that.

So did everyone else.” Torre’s explanation, given to Jim Salisbury of “PhillySports,” was that Thomson was not only organized, but “lived at the ballpark. He was there all the time. I’d get to the park in spring training by a quarter to 7 and he was already there finishing his work. He had it all mapped out and ready on my desk to look at. And he was a stickler for precision.”

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The reason for Thomson’s career success lies in why the nickname of “Topper” stuck. A disciple of hard work, Thomson started preparing himself as a manager since he was chosen on the 32nd round of the draft, relating that he “wasn't blessed with much physical talents” but that he “had to work for and learn from other people.” While watching games he wasn’t playing in, he would “sit on the bench and in (his) head… decide what moves (he would) make.”

As early as 1995 when Thomson was manager of the Class A Oneota Yankees, he talked of his role in the organization, stating, “Development is key to get players ready to go to the next level.

Winning is definitely important, but my job is development. I also just want to get players to be professional; show them how to be aggressive and how to carry themselves.”

At that time, Oneota team President Sam Nader described Thomson as “… a great teacher,” who “(takes) time out with the players… and in a nice way (points) out their weaknesses and (accentuates) their strong points in a manner so that they were willing to try to improve. He does not talk down to players and he’s very positive as an individual. I think he’s a very competent baseball man and a real leader; he’s knowledgeable about the game and he communicates well with the players.”

When Thomson was promoted to be Joe Girardi’s Bench Coach in 2008 after 19 years in the Yankees organization, Yankees General Manager Brian Cashman described how “Thomson’s basically done everything in the organization; every step in the ladder; and this job as bench coach is what he wanted to get, so he’s earned it and he deserves it. It’s been a long time coming. He’s been squeezed out because we’ve had great coaches constantly made available who are kind of ahead of him.

Whether it’s a Larry Bowa or a Don Mattingly.”

Thomson’s response to this was a general statement of his approach to life, quoting his father, who told him, “Just take care of what’s important and do the job at hand.”

That Thomson took this to heart is evident in the diligence and consistency that were his hallmarks throughout his career and were responsible for not only his advancement in the Yankee organization, but also his retaining his position during the managerial change from Torre to Girardi.

Preparation and hard work have been the hallmarks of Thomson’s career.

to embarrass a player about a questionable play. According to Thomson’s bench coach, Mike Calitri, “To know Rob Thomson is to know that he cares more about other people and is more empathetic to their needs than he is to himself – on almost every level. His consistency is unparalleled.”

The audience came away from their time with Topper with a better understanding of why the members of the Phillies family feel this way about him.

Mr. Engelhardt retired from BB&T’s Legal Department and is a regular contributor to The Berks Barrister and the Berks County Historical Review. He has written for a number of publications by the Society for American Baseball Research and is the author of the insightful and dynamic Reading’s Big League Exhibition Games.

The same was true in the Phillies organization, with the change from Kapler to Girardi, who was a close friend from their days with the Yankees and remains a close friend now. Then after the firing of Girardi, Thomson had already earned sufficient confidence of the Phillies front office to remain as interim manager, giving him the opportunity to turn the season around for the team.

Stating on several occasions that “I don’t get frustrated with things I can’t control,” Thomson has kept an even-handed demeanor during his tenure as manager of the Phillies.

He has earned the confidence of team President Dombrowski, who declared, “We have a good coaching staff… (who does) a very efficient job. They did lead us to 95 wins and they’ve been with us for a couple of years ...We have a good manager, and they work well with the manager.” His players like him and the way he runs the club, making it a point not

Thomson is the first active manager to appear at the luncheon and face questions from moderators Brian Engelhardt and Mark Caltagirone.

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16th Annual Holiday Benefit Luncheon (Photos by Danielle Laws of Baronial Designs Photography, Reading)

The Law Foundation of Berks County’s largest fundraising event continues to grow.

More than 560 supporters packed the DoubleTree Hotel in downtown Reading on December 6 for the 16th Annual Holiday Benefit Luncheon. The event is co-sponsored by the Law Foundation and Pennsylvania Institute of Certified Public Accountants.

The generosity of event sponsors, ticket sales, and proceeds from a sports memorabilia silent auction and gift basket raffle raised more than $130,000. The Foundation invests those funds in the community, awarding mini-grants to local non-profits. In 2024, CASA Berks, Community Justice Project, the Children’s Alliance Center of Berks County, and Berks County Treatment Courts benefitted from those grants.

Every table is filled for the event.

Berks County Bar Association President Dan Nevins (left) and Bar members Jim Smith and John Muir chat before the program.

Thank you to M&T Bank/Wilmington Trust for serving as the “Hall of Fame” Sponsor. Bank of America/Merril Lynch served as “All-Star” Sponsor while Spring Township law firm Barley Snyder, Tompkins, Customers Bank, Herbein + Co., and RKL were “Triple Crown” Sponsors.

Event Chair Mark S. Caltagirone is already planning for the 17th Annual Holiday Benefit Luncheon, which will be held on Friday, December 5, 2025 at the DoubleTree Hotel. Look for more details later this year.

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John Perate and Dan McGrenehan of Chip Czulada and Eric Del Viscio of Bank of America/Merril Lynch, M&T Bank/Wilmington Trust check out some of the sports memorabilia available in event All-Star sponsors. the silent auction. Perate serves as a Law Foundation Trustee and on the Holiday Benefit Luncheon Planning Committee.

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Gregg and Becky Shemanski Receive 2024 Sid Kline Award

Attorney Andy George of Kozloff Stoudt, a Home Run Sponsor.

Law Foundation President Valerie West shares information about how money raised at the event helps Community Justice Project serve the community.

Law Foundation Vice President Bill Blumer (left) and Bar member Jesse Pleet catch up.

Eric Elmore of event co-sponsor Pennsylvania Institute of Certified Public Accountants.

Gregg and Becky Shemanski were recognized for their outstanding community service at the 16th Annual Holiday Benefit Luncheon.

The husband-and-wife team were named recipients of the 2024 Sidney D. Kline, Jr. Award for Outstanding Community Service.

Gregg and Becky began volunteering by helping at their parish, Immaculate Conception BVM in Douglassville, and coaching youth sports (football and basketball.) They then became involved in education. Gregg, a co-founder and President of Custom Processing Services in Exeter Township, served on the Bishop’s Commission for Education. He became the first chair of the Board of Limited Jurisdiction for the newly formed Berks Catholic High School. Gregg then served on Alvernia University’s Board of Trustees and currently is chair of that board. Meanwhile, Becky has been serving on the Board of John Paul II Special Learning Center and is a member of the Foundation for Reading Area Community College Board and the Women’s Society of Giving of the Diocese of Allentown.

Alvernia University President Glynis Fitzgerald introduced the Shemanskis and presented the couple with customdesigned glass pieces from the GoggleWorks Center for the Arts in appreciation of their work in the community.

Event Chair Mark S. Caltagirone welcomes attendees.

Attorney Sarah McCahon of Barley Snyder, a Triple Crown Sponsor.

Berks County Bar Association Board Member Lauren Marks shows her team spirit prior to hearing from the event’s Denise Monahan of M&T Bank/ special guest, Phillies Manager Rob Wilmington Trust – the event’s Hall of Thomson. Joining Marks, from left, are Fame Sponsor.

Randall Miller, founding partner of Berkshire Investment Group, and the U.S. District Court Judge for the Eastern District of PA, the Hon. Jeffrey L. Schmehl.

Alvernia University President Glynis Fitzgerald introduced Gregg and Becky during the December 6 luncheon. In honor of their service, Gregg and Becky received a custom piece of glasswork they helped design and crafted by Scott Krenitsky, hot glass studio manager at the GoggleWorks Center for the Arts in Reading.

The Law Foundation of Berks County established the award in 2013 to honor individuals who have made a difference in the Berks community. With its creation, this Award forever honors Sid’s unparalleled legacy of civic engagement and dedication to public service. The award recognizes those who carry on Sid’s legacy through their tireless work to lift up their neighbors in need and strengthen our community.

The Shemanskis helped design the glass plates they received as a symbol of gratitude from the Law Foundation.

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Book Review THE

WAGER

By DAVID GR ANN Reviewed by Eric J. Taylor

T

he Wager poses some interesting questions: when is a subordinate justified in disobeying his commanding officer? And can a mutiny be justified? While these are not novel issues, the book invites readers to ponder these conundrums.

David Grann authored Killers of the Flower Moon: The Osage Murders and The Birth of the FBI before writing The Wager. I had not read anything written by Grann before reading The Wager, nor had I watched the movie adaptation of his earlier book1. The Wager simply caught my eye because it deals with a court martial trial following a mutiny. However, as I do not want to reveal either of which men survive or the court’s decision, this review will not include any spoilers.

As a youth, I had enjoyed seafaring and sea-surviving adventures, reading the abridged children’s versions of Robinson Crusoe, Swiss Family Robinson, and Moby Dick.2 However, this interest did not carry over into any professional legal attraction, as I never took, nor had any desire to take, an admiralty law class.

The book’s prologue indicates there will be differing and contradictory narratives and invites the reader to “render the ultimate verdict.” DAVID GRANN, THE WAGER xiii (Doubleday 2023). While I disagree that the narratives were significantly different, as the main facts are undisputed, The Wager was nevertheless a compelling and worthwhile read. Id. at 233. The 28 | Berks Barrister

Wager was a page turner that read like the seafaring fictional tales I liked as a kid, and I finished the book in two days.

The book begins in 1739 with the War of Jenkins Ear, and the Wager was converted from a merchant ship into a British manof-war. Id. at 13, 15, 17-19. The Wager was one of five warships in a squadron whose mission was to attack Spanish ships carrying treasure and to confiscate the wealth for the English. Id. at 10, 13.

The book is a blended composition of multiple people’s accounts of the voyage, the shipwreck, and the sailors’ attempts to survive on the island3, the mutiny, and what ultimately became of them4.

The Wager brought to life the seafaring world of the 18th Century. There were job descriptions of all the positions on a man-of-war, from its captain all the way down to the “pitiful landlubbers with no sea experience.” Id. at 32-34. Grann also depicted the jobs of those responsible for firing the cannons, from the “powder monkeys,” who were mere boys, to the “matchmen.”

Id. at 43-44. And the author also portrays the dangers of sailing around Cape Horn, which include huge waves and icebergs, something Melville also wrote about in one of his other books. Id. at 62-63. Some of these details of life on the sea reminded me of Melville’s Moby Dick, but the particulars about life at sea in The Wager were absorbing, whereas I found the minutia about whaling within Moby Dick to be tedious.5

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I also liked learning about the origination of many sayings and words we use to this day, which originated from the seafarers. For example, a ship that was “pitch[ing] drunkenly out of control” because the sail’s line had broken was called being “three sheets to the wind.” Id. at 35 (underlining supplied). The reason that Englishmen are called Limeys was because of the limes that they carried to combat scurvy.

Id. at 77. I also learned that the term ‘knots’, that nautical measurement of speed, comes from throwing a line that had evenly spaced knots overboard and then counting how many there were over time. Id. at 34-35.

When some of the castaways finally returned to England, the court-martial was held aboard a Royal Navy ship with 13 judges, and the president judge was a vice-admiral. Id. at 237. There was a prosecutor, but the defendants were pro se and could only get legal advice from a colleague or the court, though they had the right of cross examination. Id. at 238. The court-martial trial had a very limited focus, which reminded me of a case on appeal where the court is only reviewing a single issue. I did not like the court’s restricted scope and judgment, but Grann’s suggested reasons for why the court limited its focus and for its decision seem to make sense. Id. at 241-44.

There were numerous depictions of the perils and horrors these sailors endured, both while on board and after being shipwrecked. Most of their problems were from a lack of food, though the raging storms and sea were also dangerous. Scurvy afflicted many sailors on this squadron (this voyage occurred before the cure for scurvy was discovered). Id. at 74-77. One boy adopted a dog, but his crewmates took his dog, killed it, and ate it. Id. at 131-32. Although distraught, the boy was also ravenous, and he succumbed and ultimately ate some of the dog, including its paws and skin. Id. And to survive, some of the castaways ate some of their deceased companions. Id. at 162-63.

Overall, I really enjoyed the book. It was an interesting glimpse of that time period and the rough life that sailors endured. It read like a real-life Robinson Crusoe and Swiss Family Robinson, though the fictional characters in those books experienced far more successes and far less tragedy than these real castaways.

Unfortunately, the questions that the book poses – can a mutiny be justified and can a subordinate disobey his commanding officer – are never resolved by the judicial authorities in this case. But the author cannot be faulted for that as he is simply recounting history.

And while I don’t think the author intended it, the book serves as an example of why we want courts to be independent and unaffected by outside pressures when making judicial decisions.

While courts and the law were not the principal focus of the book, they were mentioned several times. Logbooks were carefully written and maintained, in anticipation that they could be used as evidence in court. Id. at 48. The importance of these records was emphasized when some of the Wager’s logbooks were destroyed or disappeared, with an intimation that some men wanted to destroy evidence that could be used against them. Id. at 101-02. A dying man who had been shot in the face made a last request that a piece of his jawbone and a sliver of the bullet be preserved as evidence. Id. at 145-46. And one man, a non-lawyer but someone who repeatedly proved his legal abilities, documented everything in his own journal in anticipation of going to court. Id. at 159. This same man6 also prepared legal documents as to why his group left some people behind. Id. at 167, 181, 196.

And there were trials that took place before the court martial trial. The squadron stopped at a place where the explorer Francis Drake had accused one of his men of planning a mutiny. Id. at 66-67. When the accused asked to be returned to England for “a proper trial,” Drake responded that he did not want to involve “crafty lawyers” nor did he care for the law, and the accused was executed. Id. at 67. And when some of the shipwrecked men of the Wager were caught stealing some of the little food the survivors had, they were given trials. Id. at 136-37. Sentences for those found guilty (and all were) were six hundred lashings and exile to an islet. Id. at 137-38.

Mr. Taylor is the Magisterial District Judge for the boroughs of West Reading and Wyomissing.

References 1 Martin Scorsese and Leonardo DiCaprio, the same individuals involved in the movie FLOWERS OF A KILLER MOON, plan to adapt The Wager into a movie within the next few years. Simon Bland, What we know about Martin Scorsese’s new movie The Wager, yahoo! Movies.

2 Although it had far less depth than these literary classics, I also spent hours watching re-runs of Gilligan’s Island, which also revolved around castaways who had been shipwrecked on a deserted island.

3 What happened following the shipwreck was reminiscent of Lord of the Flies, as the castaways split into different factions.

4 One of the Wager’s crewmembers was John Byron, who was the grandfather of the English poet Lord Byron. 27, 29.

5 As noted above, my first experience with Moby Dick was an abridged children’s version. So, when I read the unabridged version of Moby Dick as an adult, it was a slog to read about, e.g., all of the bones that are in a whale.

6 This man ultimately settled in Pennsylvania, so perhaps he is a distant ancestor of a member of our Berks County Bar Association. Id. at 253-54.

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Welcome New Members!

The Bar Association welcomed eight new members during a ceremony at the Berks County Courthouse in Courtroom 5A on November 14. The members were introduced to the judges of the Berks County Court of Common Pleas, fellow BCBA members, and their families by their chosen sponsors, many of whom were mentors, colleagues, and even family members. Gregory Scott, the 2024 Young Lawyers Section President, welcomed the new members into the association with an overview of everything the section has to offer as they begin their legal career in Berks County. A reception followed at the Bar Association where everyone celebrated this exciting milestone. The members are John Hoffman, Hyo Jin “Jinnie” Lee, Jonah Markle, LizMary Mejia Julio, Tyler Novak, Miki Onwudinjo, Julie Pandich, and Brandon Zaffuto.

Jinnie Lee with her mentor and sponsor Angelica Matias. The two met one another during Jinnie’s summer internship at MidPenn Legal Services.

The new members after the ceremony: Brandon Zaffuto, Julie Pandich, Tyler Novak, Miki Onwudinjo, Jonah Markle, Jinnie Lee, John Hoffman, and LizMary Mejia Julio.

LizMary Mejia Julio receives her welcome gift from Immediate Past President Karen Cook.

Miki Onwudinjo (center) with her parents after the ceremony.

Her father, Andrew Onwudinjo (left), introduced her; he is also a member of the Bar Association.

Bill Blumer, President-Elect Peter Schuchman, Immediate Past President Karen Cook, and Alisa Hobart, who chairs the Membership Committee.

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The Honorable Justin Bodor (right) with new member Brandon Zaffuto of the Public Defender’s Office and his wife Catherine.

The Honorable Thomas Parisi congratulates the new members on the wonderful accomplishment of joining the Bar Association.

2024 YLS President Greg Scott, 2025 YLS President Matthew Fessler, and Steve Gorman at the welcome reception at the Bar Association after the ceremony.

2024 YLS President Greg Scott welcomes the new members and shares the benefits of the Young Lawyers Section to all the new members as they begin their careers in Berks County.

Julie Pandich gives her sponsor Daniel Becker a round of applause as he finishes his introduction with a poem about her path to Berks County – an ode to Julie’s extensive education and previous employment as an English teacher.

(from left) Alicia Muir and Julia Adams at the welcome reception with their fellow Kozloff Stoudt colleague and new member Julie Pandich and her husband Jason Pandich.

The new admittees raise their hands as President Judge M. Theresa Johnson administers the oath, declaring them members of the Bar Association.

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Holdsworth House

Pleasant Surprises in Northern England

Holdsworth Road

By Susan N. Denaro, Esquire

Halifax, HX2 9TG (United Kingdom) https://www.holdsworthhouse.co.uk/

S

omeone recently asked me to pick the one bite of food that I enjoyed most in 2024. My response was surprising, even to myself.

That honor went to a sea bass ceviche, the third course of an eight-course tasting menu at Holdsworth House, a quaint hotel in northern England.

Holdsworth House is off the beaten path near Halifax, West Yorkshire, about four hours north of London. A Jacobean mansion built in 1633, the hotel can boast that “The Beatles slept here.” The Fab Four celebrated John Lennon’s 24th birthday at Holdsworth House on October 9, 1964.

Actors from the BBC comedy series “Last Tango in Halifax” and the BBC crime drama “Happy Valley” also used the hotel as their home base when filming episodes.

Photos of the Beatles and the actors are scattered throughout the hotel.

The back garden is worth a stroll.

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Honestly, that ceviche was the one course that disinterested me when I read the menu as I have never been tempted by ceviche of any sort. My aversion to the concept of fish only cooked by an acidic liquid and not by heat began during a vacation in Acapulco back in the 1980s.

I remember watching the hotel’s beach waiters deliver heaping servings of shrimp and scallop ceviche in old fashioned glass ice cream sundae bowls to guests who ate it with those long ice cream sundae spoons. The idea of eating that shellfish on a blistering hot sandy beach while trying to avoid sunburn

Picturesque Holdsworth House is off the beaten path about four hours north of London.

was completely unappetizing, especially because many of the hotel patrons were complaining of stomach and digestive issues. Using my pesos to have those same waiters bring me bottomless glasses of rum punch seemed a far better hedge against possible food poisoning from the shellfish.

Forty years later and still not curious about ceviche, I threw caution to the wind and opted to not follow my dining companion’s decision to have an alternate dish served; she doesn’t eat fish. It was my curiosity about the coffee hummus element in the description that made me braver than usual. My bravery was rewarded because that dish was not only my best bite of 2024, but perhaps the best bite I’ve had in all the years I’ve been writing these reviews.

The progression of dishes that cool August night in Halifax was sublime. The meal began with an amuse bouche consisting of a summer squash soup garnished with a dollop of bright pesto, a dotting of crème fraiche, and a deep-fried knot of zucchini, and was silky smooth and bursting with an earthiness that somehow elevated it. Deftly seasoned, it was a charming start to our overwhelmingly memorable meal.

The second course was an expertly made ricotta-filled ravioli.

It was beautifully plated with locally grown asparagus tips, assorted mushrooms, and chives. Thinly sliced shallots and a light garlic foam completed the pasta course. Paired with a precise Marlborough Sauvignon Blanc, it was a well-balanced dish and an appropriate segue way from the soup to that stunning fish course.

I’ll admit that as the sea bass ceviche was placed before me, I did not think it looked very appetizing. The only real color came from a sliced heirloom cherry tomato and an unusual black olive caramel; the tan coffee hummus had a very similar hue to the

almost translucent sea bass that darked slightly from the color of the smoked soy sauce used to ‘cook’ it. A scattering of sunflower seeds brought a little extra texture to the dish but added no extra flair. I dubiously took my first bite and was not prepared for the instant explosion of flavors. Somehow all the elements played so well together that I wished it had been served as a full-sized entrée.

I managed to stretch the small serving into four bites and instantly mourned the loss of it as the server removed my empty plate. It was perfectly paired with a nuanced yet light 2022 Sancerre from La Colline aux Princes.

The fourth course featured Yorkshire duck that was prepared three different ways: a stunningly rich duck terrine, a succulent smoked duck breast, and a decadent duck parfait. A perfectly sliced cube of pickled beetroot and a flourish of a rich cherry sauce crowned the plate. Each duck element was executed with precision, and all were evenly matched with the paired Californian Pinot Noir from Long Barn.

By the time the fifth course, which boasted Yorkshire-raised lamb, arrived, my friend and I were both reaching maximum capacity. Somehow, we powered through the final savory offering that, like the duck dish before it, consisted of tender lamb prepared three different ways. Most notable was the thick slice of perfectly cooked lamb rump served over red cabbage and a robust lamb jus. Beside it was a forgettable, too-rich piece of lamb belly confit.

A playful pastille of lamb wrapped in filo dough rested on what I recall as a slice of a layered potato bake and small stalk of broccoli, together with a dollop of cauliflower puree, it completed the busy plating. A lovely 2021 Bordeaux from Chateau Roc de Segur was the final red wine of the night and its acidity was needed to cut through the fattiness of the lamb belly. Despite that unnecessary continued on next page

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Fine Food Review Continued from page 33

element, the sweetness of the lamb rump makes me wish we could buy English lamb on our side of the pond.

Stuffed as we were, we still made room for dessert, a feat that wasn’t difficult when the first dessert was served. That sixth course was a duo of a pale pink wild strawberry panna cotta and a refreshing wild strawberry sorbet. Topped with a thin meringue crisp and some fennel fronds, the vibrant lightness of the sweet course was appreciated after the heaviness of the prior two meat courses. A small glass of Seifried Estate Sweet Anges Riesling complimented the ripeness of the strawberries, a fruit I decided that night I need to incorporate into more dishes in my kitchen.

A mesmerizing serving of a chocolate pave topped with chopped pecans and a supreme of pink grapefruit, flanked by a small scoop of sea salt and olive oil ice cream was our second dessert and seventh course. Although considerably heavier than the prior dish, it showed the true inventiveness of the culinary geniuses at work in the kitchen and we toasted them with the final wine, a jammy Nuy Estate Red Muscadel.

A charming gin bar awaits thirsty visitors.

A perfectly-cooked lamb rump is the highlight of the fifth course, Yorkshire-raised lamb.

A plate of beautiful truffles was served as the eighth and final course. I am sure they were worth every calorie, but I was too full to try even one due to the larger than expected portions served in the preceding four courses. We had them boxed for my travel companion, Pippa, a friend who travelled 23 hours from Melbourne, Australia to tour Yorkshire with me, to take back to her room. Aside from her company, the best part of dining at the Holdsworth House was the fact that we didn’t have to go far to our beautifully appointed rooms upstairs to sleep off the over-thetop meal.

The personable wait staff who attended our every need is worthy of a mention. Our exceedingly energetic primary waiter was a load of fun and was full of questions about our accents, how two women from different ends of the earth connected, and ultimately about our plans to see his part of the world. The last time I felt so pampered was at the Michelin-starred Inn at Little Washington (the “Inn”), a fact I shared with the hotel’s concierge the next day when I inquired about how they had not yet been awarded any well-deserved Michelin stars. She quietly informed me they had been reviewed by that group in the past but hadn’t yet made the grade; it is not unusual for a restaurant to not succeed the first time. On the strength of my experience, I believe Holdsworth House should earn the coveted rating the next time the Michelin crew visits.

Aside from that ceviche, the price tag was the other surprise of our eight-course meal. Unlike the Inn, where such a meal with wine pairings starts at about $500 per person, this meal, when converted from pounds to dollars, was a steal at the equivalent of about $150 per person. I am sure that the price will increase significantly when that Michelin star is finally awarded. Pippa described our meal as the best dining experience of her life. For me, it was definitely on par with my meal at the Inn back in 2020.

This summer squash soup with a deep-fried zucchini knot delivers an earthy start to the eight-course meal.

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If you go, make sure to tour the beautiful gardens at the hotel and have a drink or two in its charming gin bar. If by any chance

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Even if you’re not a fan of ceviche, the Holdsworth House sea bass ceviche will leave you craving more.

The chocolate pave dessert highlights the culinary inventiveness of the kitchen staff.

you are up for breakfast the next day after a dinner like we enjoyed, do not miss the hotel’s well-appointed breakfast buffet. Replete with rashers, Cumberland sausages, and black pudding, as well as beans on toast, it boasts all the other necessities for a “full English.” If you manage to leave Holdsworth House hungry, you will have no one to blame but yourself.

Just like the Inn at Little Washington, I hope to stay at Holdsworth House again. Shortly after our stay, they began to offer spa services, which means my next trip will have to be for more than one night (bring on that breakfast buffet) and I am hopeful that ceviche will be on the menu when I return.

Ms. Denaro is with the Wyomissing firm Plank Frankowski.

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“HOME ALONE” at the Holiday Reception

Members gathered on December 12 at Sts. Constantine and Helen Greek Orthodox Church to celebrate the holiday season at the annual Holiday Reception. This year’s theme was “Home Alone,” and the reception was filled with food and decorations as an ode to the classic holiday movie. While the movie was playing in the background for everyone to watch, the room was filled with tree ornaments, mini cars, trains, paint cans, and Little Nero’s pizza boxes. Thankfully, no tricks or pranks ensued even though the Wet Bandits stopped by with Kevin’s mom, Kate! Members enjoyed the Kevin McCallister diet of ice cream and mac and cheese as well as signature cocktails, such as the Wet Bandit and Filthy Animal.

“Home Alone” playing at Sts. Constantine & Helen Greek Orthodox Church as Kevin greeted the members.

BCBA Director Daniel Cortes and new member LizMary Mejia Julio.

Judge Schmehl and Judge Bodor have a run in with the Wet Bandits.

Christine Sadler, Judge Antanavage, Alexa Antanavage, and Russell Farbiarz.

Immediate Past-President Karen Cook gets a little scared as Harry approaches her, Ann Endres, Suzanne Palmer, and Erica Aljens.

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Members chatting and enjoying some food and drinks as the party begins.

Bill Thornton, Eugene Orlando, Lisa Siciliano, and Tom Bell catch up at this year’s Holiday Reception.

Aaron Bell and Richard Joyce.

Greg Henry, Thad Gelsinger, and President-Elect Peter Schuchman.

Priscilla Natale and BCBA Director Sara Haines Clipp with Kate, Harry, and Marv.

Ken Millman and John Muir.

The Wet Bandits – Harry and Marv – as well as Kevin’s mom, Kate McCallister, stopped by the party!

The party was set with some classic items from “Home Alone,” including tree ornaments, mini cars, and Little Neros pizza boxes.

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M i s c e l l a n e o u s

Editors and readers of The New York Times voted George M. Lutz's anecdote titled “That Was Quick” as one of the five best submissions to the paper’s Metropolitan Diary column in 2024. Lutz wrote a crisp 108-word account of a surprisingly short cab ride to the Port Authority in May 1978 with several Cornell University classmates following a day of job interviews. Because of our respect for the rule of law, particularly copyright law, we cannot reprint Lutz’s self-deprecating tale but can tell you that it ran in the December 29 issue. Metropolitan Diary is the longest-running column at the paper, first published in 1976. Published every Sunday, Metropolitan Diary features what The Times describes as “New York stories…that capture the city’s spirit and heart.” Hat tip to Jana Barnett for spotting Lutz’s work in The Times.

Berks County Assistant District Attorney Raymond E. Baker married Jennifer Reisfeld on September 24, 2024 during a ceremony at Graver’s Tree Farm in Tamaqua, Schuylkill County.

The Hon. Justin D. Bodor of the Berks County Court of Common Pleas (Bar Association President 2021) served as officiant. The newlyweds honeymooned at Glacier National Park in Montana.

Bar Association members gathered with their PICPA colleagues at this year’s annual Steak & Lobster Dinner at Fishpond West and enjoyed another fun evening filled with great food and even better conversation.

Fishpond Attorneys: From left are Julie Marburger; Drew

Schwartz; Priscilla Natale; Susana Fultz; Salvatore Folino; Michael Wieder; and Nicole Plank.

Tying the knot on November 3, 2024 were The Hon. J. Benjamin Nevius and Annie Curry. The Hon. Jeffrey L. Schmehl officiated as the couple exchanged vows at the picturesque Audubon House and Tropical Gardens in Key West, Fla.

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Young Lawyers Section members attending the dinner are, from left: Elisabeth Timura;

Courteney Hahn; David Dautrich, Jr.; and Miki Onwudinjo.

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BARBARIC PUNISHMENT

F

ederal prison officials in Indiana planned to inject a convicted murderer, Daniel Lewis Lee, with a massive lethal injection of pentobarbital in the afternoon on July 13, 2020, to carry out the first federal execution in 17 years.

Lee’s attorneys argued before a federal district court judge that the drug would cause Lee’s lungs to fill with fluid, make him feel like he was drowning, and, thus, violate his Eighth Amendment right not to suffer “cruel and unusual punishment.” Early on July 13th, the judge found the allegations plausible and ordered a brief delay of the execution to hear from experts, consider evidence, and determine whether the allegations were correct.

At 11:52 a.m. that day, the Trump Justice Department appealed to the District of Columbia Circuit Court of Appeals, seeking an immediate reversal of the order.

The matter was assigned to a three-judge panel that included Judge David S. Tatel, whose recent memoir, “Vision,” I reviewed in the last issue of The Barrister.

Lee’s attorneys were ordered to respond by 5:15 p.m. and the government to reply by 7 p.m. After promptly reviewing the lengthy submissions, the panel agreed that the case presented “a serious constitutional claim, a thoughtful district court order, and no legal basis to overturn it.”

Judge Tatel drafted an opinion, which was circulated to the other two judges.

At 9:51 p.m., while exchanging edits and refining the draft, the Supreme Court advised they wanted the panel “to act tonight.” At 11:24 p.m. the panel released their unanimous decision rejecting the request to proceed with the execution at that time, explaining the case involved “novel and difficult constitutional questions” requiring “further factual and legal development.” Further briefing was scheduled “to occur within the next 10 days, far faster than usual.”

Around 2 a.m. on July 14th, the Supreme Court announced its 5-4 decision, reversing the lower court’s orders. As Judge Tatel wrote in his memoir’s introduction, the Court “acknowledged the evidentiary dispute, yet it refused to give the district court the time it needed to assess that evidence and resolve Lee’s legal claim. And

By Donald F. Smith, Jr., Esquire

it never even mentioned the ruling by my court. Instead, the Supreme Court[’s]” conservative majority wrote in its unsigned opinion “that ‘the question of capital punishment’ can remain with ‘the people and their representatives, not the courts, to resolve.’”

But the now-retired judge asks, “Isn’t ensuring the government doesn’t execute a person in violation of the Constitution precisely the role of the courts?”

Daniel Lewis Lee was executed at 8:07 a.m. – about six hours after the Supreme Court’s ruling.

agony for several minutes before he died.”

While he was guilty of a brutal murder, is a second brutal act justified? Or is it an act of immoral vengeance?

Saint Paul, in his Epistle to the Romans, admonishes: “Do not repay anyone evil for evil, but take thought for what is noble in the sight of all…for it is written, ‘Vengeance is mine, I will repay, says the Lord.’” (12:17, 19) Thurgood Marshall, while a trial attorney, had terrific success in saving clients from the death penalty, but not in every case. One client was hanged despite his pleas for leniency. It haunted him.

In a 2022 issue of the Journal of Supreme Court History, law professor Daniel Kiel wrote about Thurgood Marshall: “Few, if any, Supreme Court justices brought the experience of having a client put to death with them to the Court. . .Once on the Court, Marshall drew from his experiences in practice to become the Court’s most persistent and passionate advocate for an end to the death penalty.”

Justice Marshall’s opinions stressed the penalty’s flaws: “failure to deter, the impropriety of retributive motivations, the prevalence of disparities based on race and socioeconomic status.” He correctly Chief Justice John Roberts and described it as an act of “barbarism.”

Justices Clarence Thomas, Samuel Alito, Today’s Court super-majority is six Neil Gorsuch and Brett Kavanaugh even originalists who interpret the Constitution acknowledged Lee’s attorneys had raised an by its 1791 understanding, being blind to unresolved factual issue but refused to allow social progress. They will never declare a brief delay to prove their claim. Tatel the death penalty unconstitutional. writes: “That isn’t how our legal system is Alternatively, Pennsylvania should join supposed to work, especially when a human the other 23 states banning it, making its life is at stake.” suspension permanent.

Mind you, Lee’s attorneys were not Is inflicting death by inducing a sense contesting his sentence, just the manner of drowning or causing asphyxiation that by which it was to be carried out. But a results in writhing and heaving for several callous majority did not want to go there, minutes “noble in the sight of all”? No! no matter how expeditiously the issue could It is barbaric, together with a disparate be decided. application that does not deter.

Last year, Kenneth Smith was executed Viewed through today’s lens of morality, in Alabama by asphyxiation, employing the punishment is “cruel and unusual.” nitrogen gas. It was chosen as the means It needs to end. of execution when an earlier attempt to Mr. Smith is Executive execute him by lethal injection failed due Director Emeritus of to the execution team’s inability to insert the Berks County Bar an IV. With the newly conceived method, Association.

Mr. Smith, as reported in The New York Times, “writhed and heaved in apparent

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Maggs & Associates Merrill Lynch Wealth Management 985 Berkshire Boulevard Suite 200 Wyomissing, PA 19610 610.320.5462 advisor.ml.com/sites/pa/reading-pa/maggs

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