The WRITS, Summer 2022

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SUMMER 2022

The Annual Ball Game

What is the LC2 Foundation? Legal Aid of Southeastern PA celebrates 20+ years of service


contents CONTACT INFO

SUMMER 2022

President Julie D. Goldstein Vice President/President Elect Lawrence R. Scheetz, Jr.

What Is The LC2 Foundation? Once again, I had a chance to sit and talk, and get to know one of our Bucks County Bar Association

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Secretary R. Tyler Tomlinson Treasurer Jeremy D. Puglia

St. Patrick’s Day Event Benefits Veterans’ Programs It seemed like a perfect match. A Saint Patty’s Day

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Immediate Past President Sean M. Gresh Past Presidents’ Representative David J. Truelove Board of Directors Erin K. Aronson Brendan M. Callahan Susan E. Dardes Jeffrey G. DiAmico Kimberly Litzke Christopher S. Mahoney Bianca A. Roberto Francis J. Sullivan Tiffany Thomas-Smith Jason R. Weiss Megan Weiler Melanie J. Wender

The Magnificent Twelve Twelve members of the Young Lawyers Division (YLD) of the Bucks County Bar Association were brought

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BCBF Golf Outing On June 13, 2022, the Bucks County Bar Foundation hosted its annual golf outing at the lovely Jericho

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Cash is King? Money, greenbacks, dinero, moolah, sawbucks, loot, bills, dough, ten-spot. So many ways to say it, but

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LASP Celebrates 20+ years of service at Fête for Justice Legal Aid of Southeastern PA celebrated 20+ years as

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Writs Editor Melanie J. Wender Writs Photographer Dylan Gilheany Bar Association Office Greg Nardi, Executive Director 135 East State Street Doylestown, PA 18901 215.348.9413 • www.bucksbar.org

15 Things to Do This Summer in Bucks County 1. Tube down the Delaware River

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What’s the Buzz? Issues Facing Attorneys in the Cannabis Industry Over the past 100 years, cannabis culture has gone

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email submissions to WritsEditor@BucksBar.org PUBLISHER Hoffmann Publishing Group, Inc. 2669 Shillington Road, #438 Sinking Spring, PA 19608 610.685.0914 x201 HoffPubs.com

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Also in This Issue: • President’s Letter . . . . . . . . . . . . . . . . . . 4 • From the Editor… . . . . . . . . . . . . . . . . . 5 • We Asked, You Answered . . . . . . . . . . . 6 • New Members & Highlights . . . . . . . . . . 8 • New Trustees . . . . . . . . . . . . . . . . . . . . 12

• Pro Bono Honor Roll . . . . . . . . . . . . . . • Legislative Update Breakfast . . . . . . . . • Federal Courts Reception . . . . . . . . . . . • Opening of Assizes . . . . . . . . . . . . . . . • Past Presidents Dinner . . . . . . . . . . . . .

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President’s Message My Fellow Members of the Bar:

It all comes back to the people. We have a wonderful group of members here at the Bar Association. Enjoy the rest of the summer and I look forward to seeing you at Bench Bar on September 22–24, 2022 at Hershey. 

Since our last issue, the Bar Association has remained abuzz with activity. There have been a lot of wonderful events that have occurred, including several interesting CLEs. This issue is full of write ups of the fun, interesting, events that Julie D. Goldstein the Bar Association recently Bucks County Bar held. These events succeed Association President because of the amazing, hardworking staff and our members who consistently volunteer their time.

accomplishments and victories. It reminded me of the countless hours that our members spent volunteering with the YLD and the Mock Trial competition to serve as jurors, bailiffs, judges, and coaches so that the Mock Trial competition could take place. A big thank you to our members and the YLD for their dedication in making this happen.

For example, this year the Sections, Divisions, and Committees really did a phenomenal job for Opening of the Assizes. The theme of “Oh the Places You’ll Go” was a big hit and each group created a table of a different location “they would go.” The tables ranged from college, which was stocked with pizza, beer, and jello shots, to Mardi Gras and its hurricanes, and a Phillies Game with hot dogs, to name a few. Overall, it was a wonderful event and despite the wind, everyone had a great time.

It all comes back to the people. We have a wonderful group of members here at the Bar Association. Enjoy the rest of the summer and I look forward to seeing you at Bench Bar on September 22–24, 2022 at Hershey.  — Julie D. Goldstein, Esquire Bucks County Bar Association President

The winner of best drink was the Orphan’s Court Section’s margarita, best food was the Solo and Small Practice Section’s walking taco, and best decorations also went to the Solo and Small Practice Section. Each section won money from the President’s funds towards a happy hour. Those happy hours are already getting scheduled. This event was a great opportunity for people to enjoy each other’s company and have a great time. I am consistently impressed with our members’ creativity and willingness to volunteer to create a great event.

Need a Lawyer? Welcome to the Bucks County Bar Association’s Lawyer Referral and Information Service (LRIS) serving all of Bucks County. The LRIS is a public service of the non-profit Bucks County Bar Association. Each year the LRIS responds to thousands of callers, referring them to attorneys with experience in the appropriate area of law or to area agencies able to provide assistance. Persons identified as needing legal representation and who do not claim inability to pay an attorney will be referred by LRIS to a participating attorney. LRIS participation is open to all Bucks County Bar Association members having their primary office in Bucks County. You can contact the LRIS at 215-348-9413. 

Our members also consistently give of their time. I was reminded of this at the Foundation’s annual scholarship reception to celebrate the Thomas E. Mellon, Jr. and the William Penn Scholarship recipients. This event also celebrated and acknowledged the winner of Bucks County’s annual mock trial competition, the Central Bucks East High School Mock Trial Team. The students were so proud of their 4


From the Editor… Welcome to the summer edition of the famous Writs magazine! This edition of the magazine provides a variety of interesting articles and pictures that I hope you will enjoy.

I could go on and on about how wonderful our members are, but I encourage all of our readers to simply find out for themselves. Come to events! Get involved with the organization! Lawyers can be good people too!

With the weather warming, I have been reflecting a lot, specifically on why I made the decision to become an active member of the bar association. Melanie J. Wender I was not actively involved Editor, Bucks Writs when I first joined. I came to a few events, met a few people, but nothing more than that. Then I went to a Bench Bar conference shortly after my grandfather, Irving Wender, passed away. It was very strange to go from sitting shiva to having a glass of wine with my colleagues. It became apparent that I felt a bit uncomfortable and someone (cannot recall who) asked me how I was doing. With that, I opened up and said I just came from my grandfather’s funeral and the juxtaposition of that and this conference felt very strange. Once I said that, an arm was around my shoulder and the whole event changed for me. I received hugs and laughs and, in general, had a wonderful time. It was at that point that I really woke up to the great members that this association has to offer.

for some time and, unfortunately, the issues were now a bit more serious, which led to a bit more stress. Naturally, I had moments of panic and fear. For whatever reason, these anxious moments generally happened at the bar association. I almost fell into a puddle of tears, but Sean Gresh and Kim Litzke were right there to pull me out and be of support. Tyler Tomlinson has consistently checked in with me and still does. I was having a particularly anxiety ridden moment when I was at the bar association (to be expected) and I ran into my good friend, Mindy Snyder. Seeing a friendly face, I spilled all of my feelings to her. Her response was simply “you are going to be fine,” which was exactly what I needed to hear. The greatest support I received was from one Jessica A. Pritchard, who was the one who actually forced me to get myself checked out and then encouraged me/forced me to take time off to deal with these issues. I wish this column could be longer to thank so many more people, but I want to extend a huge thank you to all of the members of the bar association for their endless support and for simply being amazing people!

The Bucks County Bar Association simply contains some of the best people that this county has to offer, without question.

I could go on and on about how wonderful our members are, but I encourage all of our readers to simply find out for themselves. Come to events! Get involved with the organization! Lawyers can be good people too!

Now, since then, I’ve become more actively involved. I have been the chair of multiple committees, am on the board of directors, and am now the editor of this magazine. I would say that I do all of this for the accolade, but that is only a benefit. I am involved with this organization because of its members. The Bucks County Bar Association simply contains some of the best people that this county has to offer, without question.

With all of that said, enjoy the magazine and I hope to see you soon.  — Melanie J. Wender, Esquire

We Welcome Your Feedback! Thanks for your interest in theWRITS. Please send all comments, questions, submissions to: WritsEditor@BucksBar.org.

I recently was exposed to the extreme kindness and generosity of our membership. I had decided this year to finally address some health issues that had been lingering 5

SUMMER 2022


feature

WE ASKED, YOU ANSWERED: What are your favorite inspirational song lyrics? By Greg Nardi

When you need to brighten your day, gear up for courtroom success, or find comfort in troubling times, what tune do you turn to? We know that inspiration can come from many sources. Two of those are music and inspirational quotes. Music is one of the most powerful tools to be inspired, the feelings you get from rhythm and melody are, at times, indescribable. Inspirational quotes are also an excellent form of getting the inspiration you need. Great musicians, of course, bring these two together: combining the right melody with the right lines/lyrics, and bang! There you have it, the explosive combo of music and words for the ultimate inspiration. We don’t really know why, but there are those timeless lines from songs that stick in our heads for a lifetime. Some of those songs might be funny or just dumb and that’s ok, we also need them in life! But inspirational songs can bring back great memories, or, they simply inspire us to live our daily life with a smile on our face and move on stronger. And some of these songs inspire us in ways that defy explanation and have the power to heal and move forward in life’s toughest moments.

Many of our members have a song with a line or two that really stands out to them. Don’t worry about a thing ‘Cause every little thing gonna be all right Bob Marley – Three Little Birds

Gina H. Kiley, Esq., – Curtin & Heefner LLP And in the end The love you take Is equal to the love you make. From “The End” by The Beatles

Frank Mazzeo, Esq., – Ryder, Mazzeo and Konieczny LLC I’m not surprised but I never feel quite prepared From “Another Travelin’ Song” by Bright Eyes

You may know what you need but to get what you want better see that you keep what you have. Stephen Sondheim, Into the Woods

Rachel Fingles, Esq., – Cantwell Law Offices The future’s uncertain And the end is always near.

And I can change the world I will be the sunlight in your universe You would think my love was really something good Baby, if I could change the world From “Change the World” by Eric Clapton

Gina Rubel, Esq., – Furia Rubel Communications, Inc. Peace, love and understanding! From “(What’s so funny about) peace, love and understanding“ covered By: Elvis Costello

Jill M.V. Richter, Esq., – PACSES

Inspirational Lyrics: Release your inhibitions Feel the rain on your skin No one else can feel it for you Only you can let it in No one else, no one else Can speak the words on your lips Drench yourself in words unspoken Live your life with arms wide open Today is where your book begins The rest is still unwritten From “Unwritten” by Natasha Bedingfield

– Lisa Nobile Pettit, Esq.

From “Roadhouse Blues” by The Doors

Life is what happens to you while you’re busy making other plans

Peter Smith, Esq., – Antheil Maslow & MacMinn, LLP

From “Beautiful Boy” (written for his son, Sean) by John Lennon

There is an angel standing in the sun and he’s crying in a loud voice “this is the supper of the mighty one.” Lord of Lords, King of Kings has returned to take his children home. To take them to the New Jerusalem. From “Supper’s Ready” by Genesis

– Joe McDonald, Esq.

Kristen Norcross, – Bucks County Bar Association 6

Sean M. Gresh, Esq., – Begley, Carlin & Mandio, LLP


A dream is a wish your heart makes When you’re fast asleep In dreams you will lose your heartaches Whatever you wish for, you keep Have faith in your dreams and someday Your rainbow will come smiling through No matter how your heart is grieving If you keep on believing The dream that you wish will come true From “A Dream is a Wish Your Heart Makes” by Lily James (From Disney’s Cinderella)

– From Kira Shcherbakova, Esq. Don’t follow leaders. Watch the parkin’ meters. From Subterranean Homesick Blues by Bob Dylan

Our divorce has been granted there’s no more you and me You don’t care any longer what I think You gave me so much money if I’d let you go free And I cried all the way to the bank For it was you that I wanted not your gold It won’t warm me when the nights are dark and cold I’ve got money to burn and for that there’s you to thank But I cried all the way to the bank From “I Cried All the Way to the Bank” by Norma Jean

Jessica A. Pritchard, Esq., – Antheil Maslow & MacMinn, LLP I’ve got sunshine on a cloudy day…

– Carla V. Risoldi, Esq. If life seems jolly rotten There’s something you’ve forgotten And that’s to laugh and smile and dance and sing From Monty Python’s “Bright Side of Life”

From “My Girl” by The Temptations

The Honorable Gary B. Gilman, – Bucks County Court of Common Pleas Without love in the dream it’ll never come true From “Help on the Way” by The Grateful Dead

– Bill Cowan, Jr., Esq. We ain’t got no place to go, So let’s go to the punk rawk show. Darlin’ take me by the hand, We’re gonna see a punk rock band. I wanna get into the crowd. I wanna hear it played real loud.

Scott L. Feldman, Esq., – Law Offices of Scott L. Feldman

From “Punk Rawk Show” by MxPx

I’ll let you all in on a little Secret If I can share with you a thing or two If you just act like you know what you’re doing Everybody thinks that you do

Stephen L. Needles, Esq., – Stephen L. Needles & Associates

From “Lucky That Way” by Joe Walsh (Album Analog man)

John K. Shaffer, Esq., – Law Office of Lester G. Weinraub

Some of our members find that an entire song inspires them and could not boil it down to just a couple of lines in that song “God Bless the USA,” Lee Greenwood.

“I hope you dance” By Lee Ann Womack

With all of the divisiveness in our Country these days, this song makes me feel a sense of community with the entire Nation. And, to the distress of any family or friends in listening range, I find it impossible not to sing along when it comes on the radio (making children and pets run for cover). – Glenn Neiman, Esq., Brilliant & Neiman LLC

The song has always stuck with me through the years. The lyrics apply to almost any difficult situation you might be facing; a big decision, a heart break, a bad day, a bad year. It inspires one to not give up. Not take the easy route. Not take things for granted. Most of all, it inspires you to take a chance when that decision may not come naturally to you. – Kristy Bruce, Esq., The Rubinstein Law Firm, LLC

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Some songs enable us as we work through life’s greatest challenges. One needs to look no further than BCBA-member Bonnie Stein’s example below for the proof of the healing and inspirational power of music. Thank you, Bonnie, for your submission, your example to us all, and for your powerful words. Garth Brooks “If Tomorrow Never Comes” Did I try in every way To show her every day If my time on earth were through And she must face the world without me Is the love I gave her in the past Gonna be enough to last If tomorrow never comes Love the entire song …June 23, 1991 Walt and I got the dreaded knock at door that every parent fears…our nineteen-year-old son Chad was killed in a car accident. As a small part of the effort to heal our broken hearts our daughters and Walt frequently listened to this song and shared the ways each of us believed he knew Chad knew how much we all loved him. We talked about the times that Chad said he was lucky to have a great family and happy memories. Twelve weeks later my 40-year-old husband died unexpectedly on September 15th. The song was again a part of our healing. – Bonnie Stein, Esq., Curtin & Heefner LLP

SUMMER 2022


feature

New Members

AC/DC’s “Thunderstruck” just before entering the courtroom to

close in a trial. It fires me up! – Matthew D. Weintraub, Esq., Bucks County District Attorney As I approach the ripe old age of 64 this summer, I find inspiration and encouragement from the Beatles song, “When I’m Sixty-Four,” written by Lennon and McCartney in 1967. (Fun fact: John was 37 and Paul was 35 at the time.) I’m hoping my wife Maureen will sing it to me that fateful day. – Christopher J. Serpico, Esq.

Sherri Affrunti

Thomas Joachim

Matthew Brittenburg

Joel Kalman

Richard Caputo

Simon Kimmelman

Sophia Chereisky

Kevin Malloy

Julius Cigna

Fatih Oguz

Dylan Cochran

Elizabeth Oquendo

Kevin Conrad

James Pringle

Nathaniel Costa

Louis Ragone

Adam Eisenhut

Cory Rand

Brendan Flynn

Jose Roman

Eric George

Karen Salib

Susan Gibson

David Shafie

Elizabeth Giuliano

Kira Shcherbakova

Russell Manning, Esq., – Petrelli Law

Dan Grieser

Kyle Stelmack

Jaclyn Grieser

Joseph Turchi

“Blowing In The Wind” by Bob Dylan

Licardo Gwira

Jeremy Wechsler

William Harper

Stacy Wertman

Lawrence Hambrecht

Lindsey Wilkinson

Catherine Heimbach

Nora Wixted

Heather Hines

Benjamin Young

Chelsey Jackman

Ilene Young

“Breath in, Breathe out, Move on” by Jimmy Buffet

– Henry Dantzig, Esq. Nessun Dorma by Puccini

James A. Downey, III, Esq., – Begley Carlin Mandio Story of the Battle Hymn of the Republic Lyricist: Julia Ward Howe Arr: Peter J Wilhousky and Floyd Werle Artists: Mormon Tabernacle Choir & USAF Band

Marilyn Jamain

Recording can be found on You Tube – Gregory Hill, Esq. “Stand By Me” by performing artist Ben E. King

Carl Anthony Maio, Esq., – Fox Rothschild LLP Tom Petty – “I Won’t Back Down”

Jill McComsey, Esq., – McComsey Law

Some of us are inspired by just the music. Jesu, Joy of Man’s Desiring by JS Bach – it is the music that

is inspiring not the words. My favorite inspiration source is music with movement, i.e. Dance! Both classic and contemporary ballet. – Carolyn Newsom, Esq.  8

ANTHEIL MASLOW

ISSUE: 2206 ORG/PUB: Bucks Writs


New Member Highlights Julius A. Cigna, associate at Start & Stark, Attorneys at Law

close relationship with father, who lives in Lancaster, and her mother and step-father, who live in Blue Bell. • Interesting fact: During Caroline’s college summers, she worked in a ceiling tile factory where she became a certified forklift operator.

• Practice Area: represents Plaintiffs in personal injury matters. • Education: Undergraduate degree from St. Joseph’s University and law degree from Villanova Charles Widger School of Law. • Previous jobs: Workers’ Compensation defense attorney at Cipriani & Werner. • What he does for fun: Golf, exercise, spending time with friends and family. • Family: Julius is the second oldest of four boys, all of whom are close in age. Julius has no sisters. • Interesting fact: Julius is a huge Saint Joseph’s basketball fan. THWND (rally call for St. Joseph’s fans).

During college summers working in a factory, Caroline became a certified forklift operator. Karen Salib, owner of New Hope Divorce Mediation • Practice Area: divorce, support and custody mediation. • Education: Undergraduate degree from the University of Pittsburgh and law degree from Temple University. • Previous jobs: Karen worked as a litigation associate for Cooley & Handy, Attorneys at Law and then had the opportunity to pursue her passion for alternative dispute resolution in the development and expansion of SnapDivorce. • What she does for fun: The honest answer is watching murder mysteries, but Karen also enjoys spending time with her family and friends. She is also a big Philadelphia sports fan (go Birds!) and listening to live music, especially at outdoor venues. • Family: Karen and her husband, David, live in Doylestown with their three daughters, ages 6, 3, and 1. • Interesting Fact: Karen loves to cook and has a huge collection of cookbooks, though she is currently struggling with making meals that all five of her family members will eat. 

Julius is a huge Saint Joseph’s basketball fan. THWND! Caroline B. Zook, associate at Weber, Kracht & Chellew, Attorneys at Law • Practice Area: civil & commercial litigation, family law, municipal law & representation in business matters. • Education: Undergraduate degree from York College of Pennsylvania, Paralegal certification in 2016, and law degree from Widener University. • Previous jobs: Caroline was previously an intellectual property paralegal for Armstrong Flooring, Inc. During law school, Caroline worked for Savoca & Justice, a personal injury and family law firm in Lancaster, PA, and also worked for the Lancaster County Public Defender’s Office. After she graduated, Caroline was a law clerk for a personal injury firm in Delaware County. • What she does for fun: Attends concerts, goes to museums, art exhibits and breweries and she can always be found at a movie theater to see the latest Marvel movie. • Family: Caroline has two brothers and one nephew (Vinny) and one niece (Adriana). Caroline has a very

Karen is a big Philadelphia sports fan (go Birds!) and loves live music, especially at outdoor venues. 9

SUMMER 2022


BCBA events

BCBA New Member Breakfast With the hope of bringing our newest members together and encouraging involvement, the BCBA recently held an event which we hope will become an ongoing tradition. The New Member Breakfast, held on March 31st, was a great success. Many of the BCBA officers and directors joined the leaders of our Sections, Divisions, and Committees in welcoming the new members. Great information about what the BCBA strives to achieve and all of the wonderful events and opportunities were shared. Of course, everyone was able to enjoy a famous BCBA spread while getting to meet some fresh faces or reconnect with longtime colleagues. A good, and informative, time was had by all. We look forward to having our latest members at all of our upcoming events. And don’t forget to join any of our Sections, Divisions, or Committees! — Jason R. Weiss

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SUMMER 2022


feature

Presenting… The New Trustees of the Bucks County Bar Foundation HEATHER CEVASCO

JEFFREY A. LIEBMANN, ESQ.

Vice Vice President President of of Advancement, Advancement, Bucks Bucks County County Historical Historical Society Society

Owner/Shareholder, Owner/Shareholder, Liebmann Liebmann Family Family Law Law Mr. Mr. Liebmann Liebmann has has concentrated concentrated his his practice practice on on Divorce, Divorce, Custody, Custody, GrandGrandparents’ parents Rights, Rights, Child Child and and Spousal Spousal Support Support and and other other Family Family Law-related Law-related matters. matters. He He has has extensive extensive courtroom courtroom experience experience litigating, litigating, when when necessary, necessary, complex complex property property division division issues, issues, Custody Custody disputes disputes and and Support Support and and Alimony Alimony issues. issues. Jeff Jeff has has represented represented aa broad broad cross-section cross-section of of the the community, community, including including small small business business owners owners to to CEOs CEOs of of large large corporations, corporations, from from labor labor union union members members to to high-net-worth high-net-worth individuals individuals in in all all aspects aspects of of their their Family Family Law Law issues, issues, either either inside inside the the courtroom courtroom or or working working to to negotiate negotiate settlements settlements outside outside the the courtroom. courtroom.

As As Vice Vice President President of of Advancement, Advancement, Ms. Ms. Cevasco Cevasco provides provides leadership leadership to to support support the the BCHS’s BCHS s institutional institutional mission-driven mission-driven initiatives. initiatives. Through Through both both her her profesprofessional sional career career and and volunteer volunteer activities, activities, Heather Heather has has demonstrated demonstrated an an exceptional exceptional commitment commitment to to building building stronger stronger communities communities across across Bucks Bucks County County and and Pennsylvania. Pennsylvania. For For two two decades, decades, Cevasco Cevasco worked worked in in the the public public sector, sector, first rst serving serving as as District District Director Director for for State State Representative Representative Chuck Chuck McIlhinney, McIlhinney, and and then then progressing progressing to to become become his his Chief Chief of of Staff Staff as as he he moved moved to to the the State State Senate. Senate. In In these these roles, roles, Cevasco Cevasco helped helped guide guide aa legislative legislative agenda agenda that that focused focused on on improving improving the the lives lives of of Pennsylvanians. Pennsylvanians. She She also also oversaw oversaw aa constituent constituent community community outreach outreach and and services services operation operation that that kept kept her her involved involved with with Bucks Bucks County County organiorganizations zations and and residents. residents. After After leaving leaving the the public public sector, sector, Cevasco Cevasco brought brought her her community community and and legislative legislative skills skills to to the the healthcare healthcare industry industry where where she she most most recently recently served served as as Director Director of of Community Community and and Government Government Affairs Affairs for for Doylestown Doylestown Health. Health.

Jeff Jeff graduated graduated from from Saint Saint Joseph’s Joseph s University University with with his his bachelor’s bachelor s degree degree and and earned earned his his Juris Juris Doctor Doctor from from Widener Widener University University School School of of Law. Law. A A dynamic dynamic and and proactive proactive attorney attorney with with aa successful successful career, career, Mr. Mr. Liebmann Liebmann is is associated associated with with many many organizations organizations such such as as the the American American Bar Bar Association Association and and Pennsylvania Pennsylvania Bar Bar Association, Association, and and he he serves serves the the U.S. U.S. District District Court Court for for the the Eastern Eastern District District of of Pennsylvania Pennsylvania and and the the Doris Doris Jonas Jonas Freed Freed American American Inn Inn of of Court. Court. Born Born in in Cleveland, Cleveland, Ohio, Ohio, and and spending spending his his life life in in the the Bucks Bucks County County area area since since 1979, 1979, Mr. Mr. Liebmann Liebmann offers offers pro pro bono bono representation representation to to victims victims of of abuse abuse in in Bucks Bucks County. County. Being Being one one of of the the founding founding members members and and directors directors of of “Friends Friends for for Heroes,” Heroes, aa nonprofit nonpro t that that raises raises money money for for local local veterans veterans through through aa golf golf outing outing every every August, August, he he was was awarded awarded the the Mark Mark E. E. Goldberg Goldberg Award Award for for Community Community Service Service by by the the members members of of the the Bucks Bucks County County Bar Bar Association Association for for outstanding outstanding service service to to his his community. community.

Her Her other other board board and and commission commission memberships memberships through through the the years years include include the the Lenape Lenape Valley Valley Trust Trust Board, Board, Greater Greater Bucks Bucks Mont Mont Chamber Chamber of of Commerce, Commerce, Central Central Bucks Bucks Chamber Chamber of of Commerce, Commerce, Bucks Bucks County County Playhouse Playhouse Artists, Artists, Network Network of of Victims Victims Assistance, Assistance, Bucks Bucks County County Emergency Emergency Health Health Council, Council, Bucks Bucks County County Local Local Emergency Emergency Planning Planning Committee, Committee, Children’s Children s Cultural Cultural Center Center of of Bucks Bucks County County and and Soroptimist Soroptimist International International of of Bucks Bucks County. County.

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KAREN KAREN A. A. ULMER, ULMER, ESQ. ESQ.

Karen Karen Ann Ann Ulmer, Ulmer, P.C. P.C.

Karen Karen isis the the founding founding partner partner of of Karen Karen Ann Ann Ulmer, Ulmer, P.C. P.C. She She received received her her B.S. B.S. in in Psychology Psychology from from Duke Duke University University where where she she was was the the president president of of the the Psychology Psychology Major’s Major s Union. Union. She She obtained obtained her her J.D. J.D. degree degree from from Widener Widener University University School School of of Law Law where where she she currently currently serves serves on on the the board board of of the the Alumni Alumni Association. Association. Ms. Ms. Ulmer Ulmer also also obtained obtained an an advanced advanced law law degree degree in in the the area area of of Securities Securities Law Law from from Georgetown Georgetown University University Law Law Center Center and and has has undertaken undertaken extensive extensive mediation mediation training, training, receiving receiving certificates certi cates for for mediation mediation in in the the area area of of Family Family Law. Law.

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Karen Karen isis currently currently co-chairing co-chairing the the Bucks Bucks County County Bar Bar Association Association Solo Solo & & Small Small Practice Practice Section. Section. She She isis an an active active member member of of the the Family Family Law Law section section and and has has previously previously held held offices of ces in in the the Young Young Lawyers Lawyers Division. Division. She She isis aa member member of of the the Pennsylvania Pennsylvania Bar Bar Association Association and and the the Montgomery Montgomery County County Bar Bar Association. Association. She She isis also also actively actively involved involved in in the the PBA’s PBAs Mock Mock Trial Trial Competition Competition for for high high school school students. students.

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Karen Karen has has served served as as aa board board member member and and past-second past-second Vice President at the Peace Center in Langhorne, Vice President at the Peace Center in Langhorne, aa non-profit non-pro t organization organization dedicated dedicated to to promoting promoting peace peace in in the the community. community. She She was was appointed appointed to to serve serve on on the the Bucks Bucks County County Women’s Women s Commission Commission and and has has been been involved involved in in activities activities such such as as aa Day Day for for All All Women. Women. Karen Karen isis aa six-term six-term former former Board Board Member Member and and Past Past President President of of the the YWCA. YWCA. Currently, Currently, she she isis also also aa Board Board Member Member at at the the Bucks Bucks County County Women’s  Women s Advocacy Advocacy Coalition. Coalition. 

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SUMMER SUMMER2022 2022 ISSUE: 2206 ORG/PUB: Bucks Writs


feature

WHAT IS THE LC FOUNDATION? 2

By Susan Dardes, Esq.

ONCE AGAIN, I HAD A CHANCE TO SIT AND TALK, AND GET TO KNOW ONE OF OUR BUCKS COUNTY BAR ASSOCIATION MEMBERS, LARRY SCHEETZ, JR., THIS PAST WEEK. Our chat revolved around his parents, his extended family, and their charitable foundation, The LC2 Foundation, which was founded in 2018. I think it is safe to say that the Foundation is nearest and dearest to Larry’s heart, after his wife, Kathleen, and his 8-year-old twins. Let’s start with the name of the Foundation: “LC2.” Where did that originate? Turns out that “L” stands for Larry’s late father, Larry, Sr., and “C” stands for his late mother, Cathy.

The Scheetz Family before Cathy’s death in 2018.

WHAT I DIDN’T KNOW, OR COULDN’T KNOW, WAS HOW VERY MEANINGFUL THE FOUNDATION IS TO LARRY, HIS OLDER SIBLINGS, AND THEIR SEVEN CHILDREN, WHO RUN THE FOUNDATION.

The number “2” represents the other “L” and “C”— Lung Cancer. Both Larry, Sr. and Cathy died from lung cancer, after having the disease metastasize to the skin and brain, in Larry’s case, and bone cancer, in Cathy’s. Both of them died young, Larry at 64 years of age and Cathy at 71.

What I didn’t know, or couldn’t know, was how very meaningful the Foundation is to Larry and his three older siblings, Mary Catherine, Colleen and Anne. They are the children of Larry and Cathy Scheetz, and their collective seven grandchildren run the Foundation.

I had known peripherally about the family foundation; in fact, they held a very successful run/walk at Lake Galena last year. The Take a Bite Out of Cancer 5k and 1-mile fun run/walk has now become an annual tradition each September. In addition, the Foundation hosts a silent auction at Newtown’s Green Parrot restaurant to raise funds for Bucks County families whose lives have been upended by cancer.

Larry’s dad, Larry Scheetz, Sr., grew up in Somerton and attended Penn State University and participated in the ROTC program. Larry then married a nursing student, Cathy, in the 1960s, after which Larry, Sr. enlisted in the Army as a First Lieutenant in Vietnam. Larry was a highly

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decorated officer in charge of Communications during the 1968 Tet Offensive, and was awarded the Bronze Star of Valor for Meritorious Achievement in Ground Operations Against Hostile Forces.

was a goodie bag with an LC2 sweatshirt from the race. The shark logo, Larry pointed out, came about from his father’s fantasy football team name, wherein the shark was a play on the euphemism for “lawyer,” and the water represented all the beach time and travelling he so enjoyed.

Larry and Cathy’s first child, Mary Catherine, Larry, Sr. & Cathy Scheetz was born while her dad was serving in Vietnam. After he returned from his tour in Vietnam, Larry went to law school at night, and in 1977, became a founding member of The Law Offices of Williams and Scheetz, a general litigation firm, in Richboro. The other founding “father” of the law firm was the late Frank Williams, who actually served with Larry, Sr., in the Army in Vietnam. Frank Williams was one of the first African American partners in a Bucks County law firm, now 45 years ago.

Throughout their marriage, Larry and Cathy were avid travelers and explored areas of the world far beyond their home in Bucks County. They traveled extensively throughout North and South America, Europe and Asia. This love of travel was passed on to their children and grandchildren, with whom they often traveled. It was Larry’s and Cathy’s legacy to get to know other cultures and by so doing, create educational experiences and lasting memories with their children. Sadly in 2017, after having an MRI for an unrelated medical issue, it was discovered that Cathy had lung cancer, which had metastasized throughout her spine. This cancer diagnosis did not limit Cathy or her desire to create educational trips and lasting memories with her family. In fact, following Cathy’s cancer diagnosis, the entire family, all 16 of them, traveled around the world learning and making memories. In her last eleven months, Cathy took the entire family on an Alaskan cruise, to Disney World, Turks and Caicos and Jamaica.

Larry, Sr. was diagnosed with lung cancer in October of 2007. The root cause of Larry’s lung cancer was determined to be the defoliant, Agent Orange. Frank Williams predeceased Larry from a brain tumor also related to Agent Orange. The family has kept the Williams & Scheetz masthead to this day. Larry, Sr. died on December 7, 2007. Anne Scheetz Damon, Larry’s youngest sister, has managed the firm since her father passed away. In his junior year of college Larry, Jr. traveled all over Vietnam to get a better sense of what his father fought for decades before. After graduating from Temple Law School, Larry, Jr. first set out on a federal judicial clerkship, then joined the prestigious law firm of Drinker Biddle & Reath, in Philadelphia. During that time, Larry, Jr. met his wife, Kathy, who was completing her residency at Temple Hospital. Post Drinker, Larry came back to the suburbs to practice at his dad’s firm and Kathy is a gastroenterologist practicing in Sellersville, Pennsylvania, while raising the joys of their life, their active and happy second grade twins.

Following her death on May 31, 2018, the LC2 Foundation was created and it has raised over $30,000 to support its mission. The LC2 Foundation’s mission is twofold; 1) to educate the medical community and the general population about the importance of cancer screenings and early detection; and 2) to raise money to assist families who are struggling financially with a cancer diagnosis and to help cancer patients and their families enjoy a trip of a lifetime where they can create lasting memories with their loved ones.

Larry, Jr. and sister Anne, now law partners, take care of the business and financial aspects of the Foundation. Their children, along with nieces and nephews, volunteer for the Foundation and do behind the scenes work on creating web pages, maintaining a social media presence and designing logos and clothing — such as sweatshirts, t-shirts and hats. An unexpected bonus of my interview

In fact, the first sponsored family was chosen this year and is currently planning their trip of a lifetime. Please consider attending an event and supporting the LC2 Foundation. And what became of that Bronze Star? It’s proudly displayed in Larry, Jr.’s law office right next to a photo of his entire family. 

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feature

St. Patrick’s Day Event Benefi ts Veterans’ Programs Benefits By: Timothy J. Duffy, Esq.

It seemed like a perfect match. A St. Paddy’s Day party at a place called Shamrock Reins. It made total sense. People would love it. But the connection actually went much deeper, which makes for even a better story. The Bucks County Bar Association has been sponsoring a St. Patrick s Day fundraising event since 2017. The event is a tip o the hat to the late Tom Mellon, one of the early supporters and founders of the Association. Tom (with his partners) for many years held a large St. Patrick s Day party at his rm s of ce on South Broad Street to which members of the bar, bench, business community and politicians of all leanings were invited to share the camaraderie and good times that make St. Patrick s Day what it is. Year in and year out, it was a great party.

Through the program, Veteran mentors are paired with a veteran to provide support and assistance leading to successful completion of the Bucks County Veterans Treatment Program. Some requirements of the program may include community service, restitution, and counseling. dispositions to their criminal charges by considering the defendant s treatment needs against the seriousness of the offense(s) and the impact of the crime on the victim and the community.

In years past, the BCBA s St. Paddy s Day celebration helped raise funds for the BCBA s scholarship programs, including the Thomas E. Mellon Scholarship. This year, BCBA decided to include the County s Veteran s Court program as a bene ciary, which is where Shamrock Reins comes in. The Bucks County Veteran s Treatment Program, also known as Veteran s Court, was established in 2012 by the Bucks County District Attorney s Of ce to more effectively address the needs of veterans cycling through the county court, probation and parole, and prison systems.

Through the program, Veteran mentors are paired with a veteran to provide support and assistance leading to successful completion of the Bucks County Veterans Treatment Program. Some requirements of the program may include community service, restitution, and counseling. Shamrock Reins, a 501(c)(3) charitable organization, provides equine assisted activities and therapies for veterans, active duty and reserve members, and rst responders, as well as their families. The services are provided free of charge to the participant from Shamrock Reins Pipersville, Bucks County facility. Only about 15 minutes from the center of Doylestown, Shamrock Reins is located on a 22-acre farm in the southern part of Tinicum Township, amidst rolling hills and the winding Tohickon Creek. The positive, therapeutic programs provided at Shamrock Reins are among those in which veterans in the County Veterans Treatment Program routinely and bene cially participate.

The Veteran s Treatment Program provides comprehensive treatment and alternative sentencing options for veterans who have honorably served their Country through a collaborative effort between the Criminal Division of the Bucks County Court of Common Pleas, the District Attorney s Of ce, the Public Defender s Of ce, the Bucks County Of ce of Adult Probation and Parole, the Bucks County Bar Association, the County Department of Veterans Affairs, and the U.S. Department of Veterans Affairs. The goal of the program is to enhance public safety and reduce recidivism of criminal defendants who are veterans by connecting them with VA bene ts, treatment services, and veteran support services, along with nding appropriate 16


Lawyers and bankers and politicos and businesspeople talked, laughed and ate throughout the stall barn, enjoying the unique setting. Members of the Board of Directors of Shamrock Reins, as well as its founder and executive director Janet Brennan, intermingled with the crowd, providing even greater opportunities for a partner of the Veteran’s Court program to spread the word about its programs and the Veteran’s Treatment Program as well. So partnering with Shamrock Reins for the BCBA St. Paddy s Day fundraiser meant more than just having a catchy name for the locale; it also provided an opportunity to provide nancial support to Shamrock Reins and the Veterans Treatment Program, while raising awareness of both programs amongst members of the Bar and our community supporters.

Treatment Program has, we see an opportunity to provide even further support, consistent with the mission of the Foundation. Many times, a public-private partnership can provide valuable bene ts to a program that is otherwise limited by the resources that are available to it. While the awareness and information exchange that the St. Paddy s Day event facilitated is one of those bene ts, perhaps even more concrete bene ts are possible, consistent with the mission of the Association. For instance, a part-time social worker to help screen defendants, and assist with job, housing, education, and VA bene ts issues could be bene cial to and help advance the purposes and goals of the Program and its participants, if there were suf cient funding for it.

Not only did the event raise awareness, but it was memorable to boot. The event took place in a long horse stall barn absent the horses and the attributes one might normally associate with a horse s stall. Festive lights were strung down the center walkway, leading guests past the amazing buffet of Irish-themed foods (from Blooming Glen Catering) and the bar with Irish-themed well drinks (tended by a festively attired Dylan from the Bar Association), to the bandstand area in the back from which Gerry Timlin and his band provided live Irish music throughout the evening. A total of 110 tickets were sold to the event and throughout the course of the night there were easily that many guests at the event. Lawyers and bankers and politicos and businesspeople talked, laughed and ate throughout the stall barn, enjoying the unique setting. Members of the Board of Directors of Shamrock Reins, as well as its founder and executive director Janet Brennan, intermingled with the crowd, providing even greater opportunities for a partner of the Veterans Court program to spread the word about its programs and the Veterans Treatment Program as well.

In the end, the evening could not have been the success it was without the hard work and organization of Executive Director Greg Nardi, as well as Emily Norman, Barbara Sauer, and Dylan Gilheany from the Bar Association. The Board of Trustees and everyone who attended and enjoyed the night are appreciative of their efforts. Applications for the Veterans Treatment Program are available at all Bucks County Magisterial District Courts, The Bucks County District Attorney s Of ce and online at the District Attorney s Of ce website. Anyone wanting to become a veteran mentor should email VeteransCourt@buckscounty.org or call 215-348-6344. For more information about Shamrock Reins, please visit their website at: https://shamrockreins.org 

As more people in the legal and non-legal communities see the good work and positive impact that the Veteran s 17

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community

Pro Bono Honor Roll

Jerrold B. Hoffman Neil Hoffman Richard C. Howard Randall W. Hugo

1st Quarter 2022

K

THANK YOU for volunteering your valuable time to provide high quality legal representation to Bucks County residents. Your efforts help to ensure that there is justice for all. You obtained final Protection from Abuse (PFA) orders for victims of domestic violence, prepared wills for senior citizens, obtained bankruptcies and expungements to provide someone a second chance, and so much more. Thank you, too, to all those who provide financial assistance through donations and arbitration allowances. Your support increases access to justice. Legal Aid of Southeastern PA (LASP) could not assist as many individuals without each of you.

Shannon Kanavy Morris Kaplan Robert L. Katzenstein Daniel Keane Richard S. Kempes Dermot F. Kennedy Barbara Kirk Michael Klimpl Arthur G. Krevitz Michael Kuldiner

— Megan Reinprecht, LASP Community Engagement Unit Staff Attorney & Bucks County Pro Bono Coordinator

A Anonymous Ian S. Abovitz Judith A. Algeo Austin Allen Wendy Ashby B Robert Badman Timothy J. Barton Cynthia L. Bashore David A. Baun Raymond Bily Ronald R. Bolig Kevin Bradway Christopher J. Brill Abigail Bukowski Dawn Burke C Brendan Callahan Roger P. Cameron Kathryn G. Carlson Jahn Chesnov Patricia Cooley Robert Cox D Katy Daly Frank Damore Robert DeBias

L Larry Lefkowitz David Leslie-Hughes Jeffrey Liebmann Kimberly Litzke

Jennifer Dickerson Thomas P. Donnelly William Dudeck Timothy J. Duffy

M Thomas MacAniff Scott MacNair Dianne C. Magee Joseph Marinaro Cassi G. Martin Tina Mazaheri Joseph P. McDonald Kellie McGowan Michael Meginniss Barbara A. Merlie Hillary Moonay Sandra W. Morris

E Marc Edelson Susan L. Eisenberg F Frank A. Farry Nicole Feight Mathew Finer G Meredith Galto Richard Gennetti Martin Ghen Lynelle A. Gleason Elissa Goldberg Julie D. Goldstein Stephanie Gonzalez Fernandez Vincent A. Guarna

N Brooke Newborn O Bonnie G. Ostrofsky P Stephen L. Pastor Joseph Pizzo Naomi Plakins Catherine Ann Porter Jessica Pritchard Lee A. Profy Jeremy D. Puglia Hayley Purcell

H Kevin Hand Krista Poole Harper Linay Haubert Judith Hayman Britain Henry 18

R Giovanna Raffaelli Joseph Ramagli Stefan Richter Carla Risoldi Jonathan J. Russell Max Rutkowski Jennifer Ryan S Robert Salzer William Schaefer Christopher Serpico Katherine Shea White Carol A. Shelly Chris Little Simcox John Simolike Ronald J. Smolow Mindy J. Snyder Holly Soffer Amir M. Stark Francis J. Sullivan T Adam Tanker Stephane Tarantino Lauren Pregmon Tetreault Sharon Gilbert Timm Elizabeth Tomlinson Tyler Tomlinson Jeffrey Toner Jill E. Trayer Craig Turet Abigail Tuttle V Liberato Verderame W Joanna Waldron Thomas J. Walsh Sarah Webster Melanie J. Wender Stuart Wilder Keith Williams Shari Gelfont Williams Donald Williford David Woosley Y Andrew Young


Volunteer for Bucks County’s Unique PFA Representation Program For 20+ years, pro bono attorneys helping with Bucks County’s unique Protection from Abuse (PFA) court representation program contacted Paralegal Randi Riefner (at right) at Legal Aid of Southeastern PA to schedule their service on behalf of plaintiffs. Effective July 1, that role shifted to Durene McCarty (at left), LASP Administrative Support Staff. The Bucks County program provides legal representation for both plaintiff and defense for Wednesday PFA hearings, ensuring access to justice for all.

Volunteers for the Wednesday hearings are urgently needed. To volunteer for plaintiffs, contact Durene at dmccarty@ lasp.org or 215-398-6757. “I have truly enjoyed working with all of you and will still be here at Legal Aid during the transition,” Randi said. “I personally appreciate your willingness to help me out on short notice, and want to thank each and every one of you.” To volunteer for the defense, please contact Kristen Norcross at the Bucks County Bar Association at 215-348-9413. 

Ladies in Leadership by Julie D. Goldstein, Esquire

I had the pleasure of serving as a panelist at the Ladies in Leadership forum held on April 5, 2022 at the Montgomery County Bar Association. This year the presidents of the Bucks County, Chester County, Delaware County, and Montgomery County Bar Associations and the Pennsylvania Bar Association were all women. This was the first time in history that all these counties and the Pennsylvania Bar Association had women leaders and we wanted to mark the occasion. As a result, the women presidents got together and planned a panel discussion with all the presidents relating to our path to leadership and what we had learned. All of us came to leadership through different avenues and each of us experienced unique challenges on our way there. Each of us discussed the struggle of leadership, work, and family. It is a constant balancing act, but we also made it clear that those challenges should not prevent anyone from taking on leadership opportunities.

presidents in the other counties, provided me a lot of ideas to bring back to Bucks County. It was a very special event. Members were able to attend in person in Norristown at the Montgomery County Bar Association or attend via zoom and attend a viewing party at the bar building. Bucks County certainly represented! Thank you to all of you who attended for the support, and I hope you enjoyed it as much as I did.

After a lively and interesting discussion, everyone engaged in some networking. It was wonderful to see the number of people who attended. People from every neighboring county were there and the executive directors from the county bar associations. It was a unique opportunity to meet people from different counties and engage in discussion. The lively discussion that occurred with the

It was quite inspirational to be a part of this unique group of leaders throughout the area. I am hopeful that these type of inter-county events will continue to occur and that it does not become unique and a special occasion when the leadership are women.  19

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BCBA events

THE MAGNIFICENT TWELVE The YLD’s Journey to Softball Glory By Bianca Roberto, Esq.

Twelve members of the Young Lawyers Division (YLD) of

Lawyers’ team, who also went 4-for-4 at the plate. The YLD’s at-bats were Sports Center-worthy feats of athleticism. The batting line-up of Julius Cigna, E.J. Setar, Derek Keightly, Dylan Cochran, Gabe Montemuro, Dave Keightly, Bianca Roberto, Elaine Yandrisevits, Will Oetinger, Abby Bukowski, A.J. Garabedian, and John McShea, gave us impossible-to-catch high flying balls, line-drives to load the bases, and made way for runners to slide into home plate.

the Bucks County Bar Association were brought together to play in the 5th Annual Judge John J. Rufe Softball Classic against the Seasoned Lawyers of the BCBA. Both teams played a game for the record books on June 2, 2022. The Young Lawyers, whose prowess on the softball field can best be described as “magnificent,” were victorious with a 6-5 victory over the Seasoned Lawyers after a hard-fought nine innings. The YLD team has, and rightly so, been described as the next Oklahoma Sooners.

The YLD’s teamwork in the infield and outfield made the Seasoned Lawyers work for their runs. The YLD players brought their A-game – catching high-fly balls, and making tough plays. Helping to coach the YLD to victory were Megan Weiler and Bianca Roberto.

Despite the threat of thunderstorms and the occasional light shower, there was a great turn out in the YLD dugout. A.J. Garabedian pitched an awesome game for the YLD team! We may not have had a speed

Finally, this year’s epic Softball Classic would not have been the same without our Umpire and eponymous leader, the Honorable John J. Rufe. His Honor expertly ruled on plays, and kept us all on our toes. Judge Rufe made the game even more fun for all of us out on the field and in the stands.

gauge, but those pitches were definitely topping 60 mph, and were skillfully caught by our very own Elaine Yandrisevits. Garabedian was solidly matched by Kim Litzke, pitcher for the Seasoned

Watch out next year, Seasoned Lawyers!  20


Once Again the Old Lawyers Prevail over the Young Lawyers in the Annual Softball Game By Kim Litzke, Esq. My favorite bar association event of the year is the John Rufe Softball game. I started playing on the young lawyer team in 1996 when I was a first year associate with Richard Fink. Back in the day I earned John Rufe’s respect by taking a line drive in the left hip standing on the pitcher’s mound and staying in the game. Who cares if I knew how to argue a case in the 90s; this judge now knew I was tough. It was rough on the ego to move to the old team but Rob Labar went up with me that year so I knew I would be fine and it meant I finally got to play on the same team as Tim Barton since he has been on the old team since the beginning of time (though he can still make diving saves in the outfield). There were then a few years that I had to play on the old team against Larry Scheetz, Breandan Nemec and Jeremy Puglia. I refer to those as the difficult years. I could not hit anything past Larry Scheetz and nobody talks trash like Nemec and Puglia. Luckily they are all now old and the young team is in trouble. This game is the greatest opportunity to just see what uptight lawyers are really like when it comes down to such a pure outdoor athletic competition. My second favorite event is the golf outing but it is so cliché to like golfing with lawyers. I get it that not everyone loves sports. However, I do! I love the trash talk. This year Greg Nardi heightened the experience by allowing batters to even have a walk up song. (Oh, maybe he only did that for the old lawyers but hey, he is old too!) Thank you, Tim Duffy, for being my Ken and escorting me to the plate while Greg played Barbie girl. If I haven’t made my point enough, the experience of pitching to twenty-something-year-olds is my best test of what type of lawyer they will be. When I strike them out (happens a lot) do they walk off head held high? I was going to list those that did, but Melanie Wender asked me to keep the article short. As for the details of this year’s game…well, let’s just say this year was the year of women. Elaine Yandrisevits, Abby Bukowski and Bianca Roberts put runs on the scoreboard with their homeruns. Unfortunately, their male teammates could not keep up with them. My team executed a perfect game. We were flawless. No miscommunication, no errors. Just lifetime friends running around the diamond like we were born and raised there. All of it was accurately recorded by Jessica Pritchard who was supervised for fairness by the Honorable Denise Bowman. Better luck next year, youngins. That is the truth the whole truth and nothing but the truth. Ask Judge John Rufe.  21

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BCBF events

Bucks County Bar Association

Golf Outing By Melanie J. Wender, Esq.

On June 13, 2022, the Bucks County Bar Association hosted its annual golf outing at the lovely Jericho National Golf Club in New Hope. This year’s golf outing saw the return of some old faces and some new faces. In fact, in attendance, were a total of 106 golfers, a new record!

Baskets of Cheer available that I imagine made the winners incredibly cheerful. I felt a bit more cheery just at the idea of possibly winning one. In the end, yours truly did not win any prize, except a good meal and quality company. I guess I’ll take that as a win.

As you can see from the many pictures, it was a fun time, though the highest qualify golf was not on display. It was also a very hot day, which is what many people remember. It was very hot out on the golf course, but the Association's President, Jessica A. Pritchard, kept everyone’s energy up with the constant reminder that we were all out there sweating not only to have fun, but to support the Association.

Prizes were also awarded to the golfers. The tried and true team of Mindy Snyder, Elaine Yandrisevits, Bianco Roberto and Tiffany Thomas-Smith won the prize for the most honest score. The putting contest winner was the one and only Jim Shannon. Longest drive for the men went to Cole Grim and the longest drive for the women went to the lovely Kim Litzke. The closest to the pin for the men was Bill Kane. The closest to the pin for the women was Lynelle Gleason, who actually did not play golf this year, so the prize was claimed by Kim Litzke. The first place team for overall score was the idyllic team of Bill Rookstoll, Al Ferraguti, Stefan Szgie and Jason Ralph. Second place went to the above mediocre, perhaps excellent, team of Jeremy Puglia, Breandan Nemec, Dan Cotilla and Patrick Weiler. All in all, it was a very successful and fun event. This year’s event was the most successful event in the Association’s history as the Association was able to raise an excess of $25,000!

At the end of the golf event, a dinner was held and attendance actually grew with the dinner. This year, we had a total of 125 dinner attendees (of which I was one), again, another record. The event continues to grow each and every year, which is a wonderful thing to see, especially as the Association continues to expand. While waiting for the dinner, I perused the many raffl e prizes. I was very pleasantly surprised by some of the baskets. The Board of Directors of the Bucks County Bar Association chipped in for a very nice basket representing summer. There was also a smart TV up for grabs as part of the raffle and I may have purchased several raffle tickets for that basket. There were also quality

Congratulations to all the winners and I look forward to seeing all of you next year. 

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“The OPPOSITE of what gives ATTORNEYS a bad name.” In the stack of notes of appreciation I have accumulated over 29 years, none stands out to me as much as the client who said, “You’re the opposite of what gives attorneys a bad name.” What is it about our profession that seems to equate being a zealous advocate with being obnoxious? Knowing that you can refer your personal injury cases to any firm that pays a referral fee, why not look to a firm that will reflect well on your recommendation? For almost three decades, other attorneys and physicians have referred their own family members to me to handle their personal injury claims. You don’t take that kind of trust lightly. JONATHAN J. RUSSELL Having resolved over 1500 personal injury cases, my hope remains to provide the type of legal service which warrants the continued respect and recommendation of fellow professionals. Let me know how I can help you. SuperLawyer 12 years (2011–2022), Plaintiff’s Personal Injury • Member Million Dollar Advocates Forum Offices Located in Doylestown, Allentown, Bethlehem, Easton and Stroudsburg

Jonathan J. Russell, Esq. Drake, Hileman & Davis, PC P.O. Box 1306 Doylestown, Pennsylvania 18901

Phone: 215-348-2088 jrussell@dhdlaw.com www.dhdlaw.com

Providing Quality, Competent and Compassionate Legal Counsel since 1985 23

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BCBF events

Bucks County Bar Foundation

Golf Outing

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feature

Ca$h is King? By Scott L. Feldman

MONEY, GREENBACKS, DINERO, MOOLAH, SAWBUCKS, LOOT, BILLS, DOUGH, TEN-SPOT. SO MANY WAYS TO SAY IT, BUT SUDDENLY SO FEW WAYS TO SPEND IT. Are dollar bills going the way of the pay phone? Cashless transactions are here. Recent visits to the Wells Fargo Center, Citizens Bank Park and Mann Music Center reveal that they have quietly turned cashless. Per the Wells Fargo Center website, “All transactions at Wells Fargo Center are now completely cashless, including retail, concessions, and parking. For fans who bring cash to the arena, Reverse ATMs will be available on-site to load cash onto a pre-paid debit card.” Pardon me? Reverse ATMs? So the poor schlub who braves the Schuylkill expressway or I-95 and manages to fight traffic and finally pulls into the designated parking lot to cheer on his favorite team or attend a concert, with plenty of cash in his pocket but no credit or debit card… has to, what, confess to the attendant that he now needs to pull over so he can locate an onsite reverse ATM. There oughta be a law! In fact, there are several. In 1984, Pennsylvania passed the Cash Consumer Protection Act. Its sponsor, then State Representative Chaka Fattah (who, in 2016, was convicted of various fraud and related corruption charges), correctly stated that “there are a lot of people who for whatever reason do not use credit cards. They ought to have that option (to pay with cash).” The statute, however, is somewhat limited. It shall be unlawful for any person to refuse to rent or sell property or services to any individual for the reason that the individual does not possess a credit card. Nothing in this section requires the acceptance of any particular form of payment. 73 P.S. § 204-3. Accordingly, some 38 years in, it does not appear that there is any case law interpreting the statute. It further appears that the Pennsylvania Attorney General

According to recent statistics compiled by Lending Tree, some 7% of American households are “unbanked,” meaning they do not use a checking or savings account. This figure varies widely by age: among 15 to 24 year olds, 16% are unbanked. Some 16% of households lack debit cards, while 27.5% have no credit cards. 26


has brought only one case under the law; In 1998, a settlement was reached with major rental car companies who were discouraging cash payments. In February 2019, the Philadelphia City Council responded to the expansion of cashless Amazon Go retail stores by passing a similar bill. The bill is limited to brick and mortar stores, but, unlike the Pennsylvania law, does specifically mandate cash as a form of payment. Yet, neither the state nor city laws create any legal impediment to the cashless venue.

The Bucks County Mediation and Arbitration Center (BCMAC) is owned and operated by Barbara N. Lyons, Esq. She is certi ed, skilled and experienced in neutral arbitration, mediation and case evaluation. Attorneys work closely with Barbara from initial contact to the conclusion of their case.

Of course, the cash purge is hardly limited to Philadelphia. Recent visits to several sporting arenas in other locales found that the practice is widespread and trending. Your grumbling author informally asked some of the concessions cashiers what they thought of going cashless and all agreed that the old ways were easier for them. One was overheard complaining to a co-worker that a customer had just inserted his card into the reader but removed it before it processed and thus went on his way without paying. So other than a bit of inconvenience, and the occasional opportunistic scofflaw, is there in fact a problem of the type cited by Rep. Fattah decades earlier? According to recent statistics compiled by Lending Tree, some 7% of American households are “unbanked,” meaning they do not use a checking or savings account. This figure varies widely by age: among 15 to 24 year olds, 16% are unbanked. Some 16% of households lack debit cards, while 27.5% have no credit cards. The report does note that some of these unbanked households utilize prepaid debit cards. It is hard to say if any of these people are staying home from a sporting event or concert as a result.

BCMAC is a full-service ADR provider addressing issues involving, but not limited to:

BCMAC is a full-service ADR provider addressing issues involving: • Medical malpractice • Personal injury premises and • Equity matters product liability • Employer/employee disputes • Commercial and insurance • Underinsured and uninsured motorist cases matters • Business mergers and dissolutions Real estate •• Personal injuryand equity disputes • Contract and real estate disputes

• Municipal matters

BCMAC providescost-effective cost-effective BCMAC provides andand real-world real-world attorneys and their solutions to solutions attorneys, for consumers, business and industry professionals, employees, clients, business and industry professionals.

Let’s get back to the game. Gone is the convenience of giving your son or daughter a few dollars to go buy themselves an ice cream. Gone is the communal effort of passing your money down the row of patrons to buy your hot dog or beer from the vendor in the aisle. Has Dollar Dog Night become Debit Dog Night? Heck, gone is the simple pleasure of saying, “yo, buddy, keep the change!!”

employers and government agencies.

For more information call Bucks County Mediation and (215) 340-7655 Arbitration Center or visit www.bcmac.org. The Farm, 220 Farm Lane, Doylestown, PA 18901

On the other hand, and similarly unwelcome, there is a growing trend of restaurants now imposing a service charge for paying with a credit card (3.6% at one of my regular establishments). Ouch!

Bucks County Mediation and For more information call (215) 340-7655 Arbitration Center visit www.bcmac.org. The Farm,or 220 Farm Lane, Doylestown, PA 18901

So, maybe, cash is king. 

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BUCKS COUNTY

ISSUE: 2109 2206 2203 1711 1708 1705 SUMMER 2022 ORG/PUB: Bucks Writs


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Legal Aid of Southeastern PA celebrates 20+ years of service at Fête for Justice! 4 Freedoms, 4 Counties, 4 Justice!

From left: Keynote Speaker Reuben Jonathan Miller, Frank Cervone, and LASP Executive Director Shawn Boehringer.

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Photo by Hitched Productions.

By Marion Hoffman Fraley, Communications Director


Trapeta B. Mayson, 2020-21 Philadelphia Poet Laureate, shares her healing words of verse in a reading of two poems, “In This Season” and “Superhero.”

Legal Aid of Southeastern PA celebrated 20+ years as a regional civil legal aid provider at the Fête for Justice on May 19. THANK YOU to the Bucks County Bar Association and Bucks County Bar Foundation, BCBA members, and all sponsors and friends who supported and joined us at Normandy Farm, Blue Bell for this milestone.

Keynote Speaker Reuben Jonathan Miller, sociologist, University of Chicago assistant professor and author of Halfway Home: Race, Punishment and the Afterlife of Mass Incarceration, challenged attendees to consider the disproportionate impact of mass incarceration on Black and brown people. Trapeta B. Mayson, 2020-21 Philadelphia Poet Laureate, shared healing words of verse, including “In This Season” and “Superhero.” And we celebrated 47 Honorees, whose work collectively paved the way for LASP’s service across 20+ years in Bucks, Chester, Delaware and Montgomery counties. William L. Baldwin, LASP Board President and Delaware County Bar Association Executive Director, and C. Shawn Boehringer, LASP Executive Director, both shared brief remarks.

• •

• •

Honorees based primarily in Bucks County included: • Elizabeth Wood Fritsch, LASP Co-Executive Director from 2001-2013 and LASP Executive Director from late 2013-July 31, 2018. Earlier, she was Executive Director of Bucks County Legal Aid Society from 1997-2001. • Judith A. Algeo, 2018-20 President of the LASP Board of Directors and a longtime LASP Board member. She assists LASP by representing clients in Protection from Abuse proceedings and is past President of the Bucks

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County Bar Association and has served several terms on its Board of Directors. Dean P. Arthur, President of Bucks County Legal Aid Society during the reorganization of legal aid programs in southeastern Pennsylvania. He played a key role in the merger process. A member of the original LASP Board of Directors, he was President from 2003-05. Ronald R. Bolig, a LASP and Bucks County Legal Aid Society board member since 1990, LASP Board President in 2012-14 and BCLAS Board President for a term in the 1990s. Mardi Busanus, volunteer for 20+ years in LASP’s Doylestown Office. William J. Carlin, Sr. (1926-2004), a senior partner of Begley, Carlin and Mandio. Bill was on the Board of Directors of Bucks County Legal Aid Society, former director of the Bucks County Bar Association, and was honored by BCBA for 50 years in practice. U.S. Rep. Brian Fitzpatrick, Co-Chair of the Congressional Access to Legal Aid Caucus. Hon. Isaac S. Garb (1929-2012), Assistant Attorney in the U.S. Attorney’s Office in Philadelphia and an Assistant Public Defender in Bucks County. In 1966 he was elected to the Bucks County Court of Common Pleas, serving until the mandatory retirement age of 70. He became a Senior Judge and presided over civil mediation cases in Northampton County and worked until his death at the age of 83. His legacy includes Bucks County’s pro bono program to provide legal representation for Protection from Abuse cases. SUMMER 2022

Photo by Hitched Productions.

Keynote Speaker Reuben Jonathan Miller challenged attendees to consider the disproportionate impact of mass incarceration on Black and brown people. Trapeta B. Mayson, 2020–21 Philadelphia Poet Laureate, shared healing words of verse, including “In This Season” and “Superhero.”


feature The complete list of Honorees (posthumous Honorees are indicated by an *): National Champions: U.S. Rep. Mary Gay Scanlon and U.S. Rep. Brian Fitzpatrick, Co-Chairs, Congressional Access to Legal Aid Caucus.

Elizabeth Wood Fritsch, former LASP Executive Director, was among 47 Honorees recognized at the Fête for Justice.

Photo by Hitched Productions.

Founders: Dean P. Arthur, Ballard Spahr LLP, Ronald R. Bolig, William J. Carlin, Sr.*, Elizabeth Wood Fritsch, William J. Gallagher, Hon. Isaac S. Garb*, Catherine Herman, Carolyn E. Johnson, John Knox*, Mark Levin, Jeffrey P. Lewis. Joseph P. Lynch, Mitchell W. Miller*, Robert “Sandy” Mulhern, Jr., Elizabeth Price*, Louis S. Rulli, Mark Schwartz, William Shimer, Harvey F. Strauss, Michelle R. Terry and Donald J. Weiss.

• Hon. Stewart J. Greenleaf, Sr. (1939-2021). As chair of the Pennsylvania Senate Judiciary Committee, he led hearings across the state in 2013 on access to justice for low-income Pennsylvanians. He served as assistant Montgomery County District Attorney from 1970-77 and also was assistant Bucks County Public Defender, Upper Moreland Township commissioner, SEPTA board member, and partner of Elliott Greenleaf, P.C. • Patricia MacCorkle, LASP’s Bristol Office manager since about 2003. She joined Bucks County Legal Aid Society in January 1999 as an intake clerk, speaking with callers and opening files for them, while also handling closed files and compliance issues. • Randi Riefner, longtime LASP Paralegal and Bucks County Pro Bono Assistant Coordinator. She started at Bucks County Legal Aid Society in May 1993 and was part of the Merger Committee in 2000. • Former LASP staff including the late Maryjane B. Kelley, longtime Doylestown Managing Attorney starting in 2002 and briefly, staff attorney until her retirement in late September 2018; and the late June E. Schrader, who for over 20 years brought her passion, problem solving, and keen sense of humor to the team at Bucks County Legal Aid Society and LASP.

Former executive dir on merging 4 county Before the Fête, Executive Director C. Shawn Boehringer interviewed LASP’s founding Co-Executive Directors, Harvey F. Strauss and Elizabeth Wood Fritsch, on the challenges of merging four county programs to form Legal Aid of Southeastern PA. Prior to LASP’s founding on Jan. 1, 2001, individual county programs in Bucks, Chester, Delaware and Montgomery counties had strong, long-standing civil legal aid programs, but federal and state programs mandated the merger. Liz and Harvey both recalled it as a challenging time. “Our greatest fear was that the Bar Associations would not support a regional program, and fortunately, that turned out to be an unfounded fear,” Liz reflected. “Our associations did support the merger and really made it successful.”

“Our greatest fear was that the Bar Associations would not support a regional program, and fortunately, that turned out to be an unfounded fear. Our associations did support the merger and really made it successful.” 30


Sustainers: Judith Algeo, William L. Baldwin, Mardi Busanus, Edward Danelski, Cary L. Flitter, Jean Gauger, Eleonor “Ellie” Glasco, Hon. Stewart J. Greenleaf*, Nanci Hoover, Rachel Houseman, Maryjane B. Kelley*, Wendy C. Leeper, Patricia “Pat” MacCorkle, John F. McKenna, Nancy R. Paul, Randi Riefner, Susan Rizzardi, June E. Schrader*, Deborah Steeves, Susan Strong, Paul Troy, Karen Tyler and Catherine H. Voit. Please visit lasp.org/fete for links to Flickr photo albums with Fête photos and individual bios for each Honoree, and links to LASP’s YouTube page including several Fête videos. 

Jeffrey A. Liebmann, Mindy J. Synder, David J. Sowerbutts

Divorce Prenuptial Agreements Custody & Support LGBTQ Law Estates & Probate Adoption

rectors’ reflections y programs into LASP

Domestic Violence Elder Law Paternity Grandparents’ Rights Wills

Free initial consultation. Weekend and Evening Appointments Available.

4 Terry Drive, Suite 4 • Newtown, PA 18940 Ph: 215-860-8200 • www.liebmannfamilylaw.com

Harvey recalled the two years of negotiations between the four counties, facilitated by consultant Gerry Singsen, formerly of Legal Services Corp.; pro bono assistance from Ballard Spahr LLP; and mediation help from Louis Rulli of the University of Pennsylvania. “It was a long, involved process,” Harvey said. “We were a little reticent about the idea of merger, but we fought through the process. We had lots of resources, lots of meetings, and as you all know, we eventually went to mediation led by Lou. After two years, we finally decided to merge, and looking back, I think it was an extraordinary process and draining and politically charged at times, but we wound up with a really good merger of four county, now middle-sized programs with quite a few resources, great staff because we were able to keep most of the staff for the four smaller programs. ... We were pretty enthusiastic about the fact that we were going to be able to do not only what we’d always done but also get into some new areas. ... I always thought ours was one of the most successful in the country.”

LIEBMANN FAMILY LAW

ISSUE: 2206 ORG/PUB: Bucks Writs DESIGN/WORKING AD: 2206 AD SIZE CONTRACTED: 1/4 V DIMENSIONS: 3.5625" w x 4.833" h

AD EXPORTED BY BECKY WEAVER DESIGN / BECKY@BECKYWEAVER.COM / 717-615-2243 PDF EXPORT SETTINGS COMPATABILITY: Acrobat 5 (PDF 1.4) | STANDARDS COMPLIANCE: None | GENERAL: Optimize PDF: Off; Create Acrobat Layers: N/A; Export Layers: Visible and Printable Layers; Include Bookmarks: Off; Include Hyperlinks: Off; Export Nonprinting Objects: Off; Export Visible Guides and Baseline Grids: Off; Create Tagged PDF: Off; Interactive Elements: Do Not Include | COMPRESSION: COLOR IMAGES: Bicubic Downsample at: 300 ppi for images above: 450 ppi; Compression: ZIP; Tile Size: N/A; Quality: 8 Bit GRAYSCALE IMAGES: Bicubic Downsample at: 300 ppi for images above: 450 ppi; Compression: ZIP; Tile Size: N/A; Quality: 8 Bit MONOCHROME IMAGES: No Sampling Change for images above: 1250 ppi; Compression: CCITT Group 4; Compress Text and Line Art: On; Crop Image Data to Frames: On | OUTPUT: Color Conversion: Convert to Destination; Destination: Document CMYK - U.S. Web Coated (SWOP) v2; Profile Inclusion Policy: Don’t Include Profiles; Simulate Overprint: N/A; Output Intent Profile Name: N/A; Output Condition: N/A; Output Condition Identifier: N/A; Registry Name: N/A | ADVANCED: Subset Fonts Below: 0%; Omit PDF: Off; Omit EPS: Off; Omit Bitmap Images: Off; Transparency Flattener Preset: N/A

Thank you again from LASP to the Bucks County Bar Association and Foundation and members for your support. Though our celebration has ended, LASP’s work continues! 

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SUMMER 2022


BCBA events

Legislative Update Breakfast

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15 Tfi flg D Tfii S e B k C fl By Alexa Engelsbe from Visit Bucks County

1. Tube down the Delaware River

at the Mercer Museum series. The line-up is: The Mummy (June 16), Mamma Mia (July 21), The Karate Kid (August 18) and Legally Blonde (September 16).

The sun is shining and the heat is here. Rent a solo or two-person tube at Bucks County River Country and sign up for a two, three or four-hour tubing experience down the Delaware River! Pack snacks and sunscreen for an adventurous day. (Pro tip: going with friends? Bring a long rope to tie your tubes together so you don’t float away from each other!)

WHEN: Every third Thursday of the month WHERE: Mercer Museum

3. Sing and Dance at William Penn Bank Summer Music Fest in Bristol

2. See an Outdoor Movie on the Lawn of the Mercer Museum

Join Bristol Riverside Theater at their outdoor amphitheater all summer long! See acts like the Golden Oldies (June 16-26), The Commodores (July 15) and the Indigo Girls (August 25). Grab a bite to eat at nearby dining before or after!

Join the County Theater of Doylestown on the third Thursday of each month on the green of the Mercer Museum for a family-friendly series of outdoor film screenings. The Mercer Museum and The County Theater, in partnership with The Moving Picture Cinema, bring outdoor movies to the community, with the 2022 Movies

WHEN: June 16-September 10 WHERE: William Penn Bank Arena 34


4. Visit the Wineries to Spot an Artist on the NEW Bucks County Wine & Art Trail The Bucks County Wine & Art Trail is a new partnership between Visit Bucks County (VBC) and the Arts & Cultural Council of Bucks County (A&C). Artists working in all mediums and styles are invited to visit participating wineries throughout Bucks County between April 1 and July 1, 2022 to create works for the Bucks County Wine & Art Trail. Artists are working on site en plein air or visiting wineries to photograph and/or sketch in preparation for works to be created in their studios. The final, curated works will be displayed at the wineries on professionally printed weatherproof display panels and at an in-person exhibition, sale, and community reception at Freeman Hall in Doylestown in July 2023. Similar to VBC’s Bucks County Ale Trail, the Wine & Art Trail will have a mobile passport component where participants must check in digitally at 3 or more participating wineries to get a FREE set of limited edition Bucks County fine art notecards featuring works of art created at the wineries. Each notecard will have the artist’s contact information printed on the back. The passport will go live in October. WHEN: Through July 1, 2022 WHERE: Sand Castle Winery, Crossing Vineyards & Winery, Bishop Estate Vineyard & Winery, Buckingham Valley Vineyards, Rose Bank Winery, Wycombe Vineyards & Rushland Ridge Winery

6. Find Family-Friendly Fun at Sesame Place® Philadelphia

5. Head to the Bucks County Beach Days: Sand Sculptures in the Village

Find tons of family-friendly events all summer long at Sesame Place® Philadelphia in Langhorne! Stop by for July 4th Fest (June 29-July 4), Christmas in July (July 21-25), and the Back to School Bash (August 29-September 2). There will be fireworks Memorial Day Weekend, July 4 and Labor Day.

Celebrate summer vibes with larger-than-life sand sculptures and play-all-day sandboxes designed for family fun! This event will showcase six 12-foot-tall sculptures and two smaller ones created by four world-renowned master sand sculptors. The spectacular sculptures, all of which are due to be completed by June 8 (weather depending), will pay homage to Bucks County’s rich history, landmarks, and scenery. Sandboxes designed for family play will also be placed throughout the property. The event is one of many planned during Peddler’s Village’s celebratory 60th anniversary year.

7. Outdoor music & events at The Tileworks Part of the Mercer Mile of museums in Doylestown, The Tileworks is Bucks County native Henry Chapman Mercer’s still working tile factory and museum. Stop by this summer for some music and fun on the lawn. Of course, tours are always an option any day in summer, too.

WHEN: June 1-August 31 WHERE: Peddler’s Village

WHEN: Danny Paisley and Southern Grass with Shelf Life String Band (June 26), Bluegrass at the Tileworks (July 17) and East Nash Grass with the Cirotti Trio (July 31). WHERE: The Tileworks

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8. Feel Better than Blue at the Bluegrass & Blueberries Month

10. Rev Up Your Engine at the Annual New Hope Automobile Show

Keep the fruit fun going by celebrating National Blueberry Month at Peddler’s Village! Stop by for the freshest locally grown blueberries in the Peddler’s Village General Store selling blueberry pies, butters, jellies, and preserves. Dance along to live Bluegrass and Country bands playing live throughout the village. Also in July is Peddler’s Village’s Red, White & Blue BBQ Bash (July 2-4) and a Food Truck Thursday on July 28.

The New Hope Automobile Show is a Bucks County tradition and one of the oldest antique car shows in the country! This two-day show features the finest foreign and domestic classic and antique vehicles. Nationally recognized judging standards are employed for each marque. Proceeds benefit local scholarships and charities. WHEN: August 13-14, 2022 WHERE: New Hope-Solebury High School

WHEN: July 1-31 WHERE: Peddler’s Village

11. Book your tickets to see Kinky Boots at the Bucks County Playhouse

9. Celebrate National Peach Month at Peddler’s Village

When Charlie Price’s father suddenly dies, he inherits the family business – a shoe factory on the verge of bankruptcy. Trying to live up to his father’s legacy, and with nowhere to turn, Charlie finds inspiration in Lola, a fabulous entertainer in need of some sturdy stilettos. As they work to turn the factory around, this unlikely pair finds that they have more in common than they ever dreamed possible.

It’s a peach and shopping lover’s paradise with plenty of peachy treats, sizzling shopping deals, and scenic strolls through our summer gardens! Savor the flavors of all things peach from savory to sweet at the restaurants and weekend outdoor food tent. Satisfy your shopping desires as well as your tastebuds by checking out sizzling deals at the Annual Sidewalk Sale on August 5-7. On weekends, join us for live entertainment.

WHEN: June 24-July 30 WHERE: Bucks County Playhouse

WHEN: August 1-31 WHERE: Peddler’s Village

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12. View the exhibit “Keith Haring: A Radiant Legacy” at the Michener Art Museum

14. Kayak, Paddleboard or Canoe Hit the water with a paddleboard, kayak or canoe. Driftwood Water Adventures operates out of Tyler State Park, as well as down near Bristol. Kayaks are also available for rent at Lake Nockamixon, Silver Lake Nature Center and more. Paddleboard and do yoga at the same time with Miss Melanie Yoga in Ottsville!

Keith Haring (1958-1990) was arguably the most accomplished and prominent American artist of the 1980s. Born in Reading, PA, and raised in nearby Kutztown, Haring developed an early love for drawing. A private collection of more than 100 works, the show contains unique and notable pieces, including two rare Subway drawings, complete suites (including Ludo, Free South Africa, The Story of Red and Blue, Apocalypse, Stones, Icons, White Icons, Bad Boys, Kalish), Medusa Head (the largest print in the artist’s oeuvre) and Growing #2.

15. See the Bi-Planes Soar at Van Sant Historic Airfield Rides, instruction and rentals are available within this flying circus of Biplanes, Cubs, Champs, Taylorcrafts and Gliders. Many other makes and models of antique aircraft are based on or visit our field that it feels like we have our very own airshow every weekend while antique classic cars & motorcycles are lining the parking lot. The picnic area provides a fantastic shaded spot to watch those magnificent men in their flying machines take to the sky on a calm sunny afternoon. During the week, if the time is right, you may want to stroll down to the shop “Old School Aviation” and see what restorations are being given to some old mechanical birds. Come, sit, ride, fly, tell stories, watch and enjoy being a part of our new and old comrades giving the gift of flight.

WHEN: Through July 31, 2022 WHERE: Michener Art Museum

13. “Tree”-vose climbs to new heights with the opening of TreeTrails Adventure Park in late summer The courses range in difficulty from beginner to advanced with skills and element challenges increasing in height and difficulty as guests progress. The courses all start at a centralized main platform, and after being harnessed and given a safety and training briefing, guests explore the park at their own speed and comfort level of difficulty. Both the adult and kids courses include zip lines, bridges made of cable and rope, and netted tunnels that are suspended between platforms built around trees and poles.

WHEN: Wednesday-Sunday 9:00 a.m. to 6:00 p.m. WHERE: Van Sant Historic Airfield 

WHEN: August WHERE: TreeTrails Adventure Park 37

SUMMER 2022


BCBA events

Federal Courts Reception

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Current Issues Facing Attorneys in the Cannabis Industry By Travis P. Nelson, Holland & Knight LLP

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Over the past 100 years, cannabis culture has gone through a revolution of sorts. From the 1936 film “Reefer Madness” to the 1978 Cheech and Chong classic “Up in Smoke,” cannabis and those who partake of it were traditionally portrayed as figures on the fringes of civilized society.

Notwithstanding the general prohibition under federal law, a growing number of states have legalized cannabis, to varying degrees. In Pennsylvania, our General Assembly legalized cannabis use for medical purposes through Act 16 of 2016 – the Pennsylvania Medical Marijuana Act – which has been overseen by the Pennsylvania Department of Health. Our sister states have also taken steps to legalized cannabis. New York and New Jersey have legalized cannabis for medical and adult-use purposes, while Maryland and Ohio authorize medical use and have reduced or eliminated many of the criminal penalties associated with cannabis possession. West Virginia has also enacted legislation permitting cannabis for medical uses.

Today, medications derived from cannabis are being produced by some of the world’s top pharmaceutical companies. Cannabis is used to treat children with epilepsy, cancer patents, those suffering from HIV/AIDS, and much more. What was once only found in the backstreets and back alleys, can now be found in a medical cannabis dispensary on main thoroughfares, marked with a conspicuous green cross (including some located just minutes from our county courthouse and bar association offices). The scientific utility and moral implications of cannabis are certainly something about which honest and reasonable minds may disagree, however it is undeniable that state-legal cannabis is here and those persons and businesses involved in the industry are looking to us, as attorneys, for guidance to help evaluate their risks and opportunities. While the implications of cannabis use and possession have clear criminal law implications, perhaps lesser considered but still important are the professional and business implications of serving the cannabis industry.

It is undeniable that state-legal cannabis is here and those persons and businesses involved in the industry are looking to us, as attorneys, for guidance to help evaluate their risks and opportunities. While the implications of cannabis use and possession have clear criminal law implications, perhaps lesser considered but still important are the professional and business implications of serving the cannabis industry. In providing legal services to the cannabis community, Pennsylvania lawyers will typically have two types of business clients – so called “touch-the-plant” clients, and marijuana-related businesses that are cannabis-adjacent but do not actually touch the plant, such as cannabis licensing consultants, software designers, financial institutions that make loans to the cannabis industry, and landlords that lease commercial properties to dispensaries, among others. Both of these types of clients raise issues concerning whether attorneys may provide advice and counsel to such clients, and about the ability of cannabis-adjacent companies to navigate business risk in dealing with touchthe-plant companies.

At the outset, and to leave no misimpressions, under the federal Controlled Substances Act (“CSA”), it is illegal to manufacture, distribute or dispense a controlled substance, including cannabis, or to possess a controlled substance with the intent to do any of those things. Depending on the quantities involved or other factors, penalties for violating those laws range from five years to life imprisonment. A person who “aids, abets, counsels, commands, induces or procures” the commission of a federal offense or who conspires in its commission is punishable as a principal to the offense. It is also illegal under federal law to possess cannabis even for personal medicinal use. In certain circumstances, persons taking proceeds from a cannabis business may also be charged under federal money laundering statutes. In addition to criminal prosecution, persons engaged in the production, distribution or sale of cannabis in violation of federal law are subject to forfeiture of both the assets used in operating that business and the proceeds traceable to its operation. Such assets could include bank accounts, investor profits, including those already paid out to investors, land and buildings.

Attorney Ethics in the Cannabis Space One of the first things most attorneys learn in professional responsibility courses, beyond safeguarding your clients’ secrets, and not commingling your clients’ trust funds with your Atlantic City leisure fund, is that you may not advise or assist your client in committing a crime. This hallmark of the attorney-client relationship is enshrined in Rule 1.2(d) 41

SUMMER 2022


feature of the Pennsylvania Rules of Professional Conduct (the “PA RPC”), which reads: “A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.” In 2017, the Pennsylvania Supreme Court amended the PA PRC, adding new Rule 1.2(e), which provides: “A lawyer may counsel or assist a client regarding conduct expressly permitted by Pennsylvania law, provided that the lawyer counsels the client about the legal consequences, under other applicable law, of the client’s proposed course of conduct.” Rule 1.2(e) was added to address concerns by many attorneys that Rule 1.2(d) would be construed as prohibiting a Pennsylvania attorney from assisting a client in various activities such as drafting or negotiating contracts that may have related, directly or indirectly, to the purchase, distribution or sale of medical marijuana, even though such activities have become legal under state law. According to the Pennsylvania Attorney Disciplinary Board, Rule 1.2(e) permits counsel “to provide legal services to clients without being subject to discipline under court rules.” This approach is similar to that taken by comparable attorney regulatory bodies in other jurisdictions, such as Maryland, Ohio, New York, and California. Conversely, the Georgia Supreme Court refused to grant an exemption for attorneys advising the cannabis community, noting: “This Court understands the desire of some Georgia lawyers to assist Georgia’s fledgling cannabis industry. But this Court has long prohibited Georgia lawyers from counseling and assisting clients in the commission of criminal acts. The passage of a Georgia statute purporting to permit and regulate conduct that constitutes federal crimes does not change that long-stating principle.” Pennsylvania attorneys who are admitted in multiple jurisdictions may need to consider which state’s attorney ethics rules are governing their practice at any given time.

As any first-year law student will tell you, under Pennsylvania law, a “contract which violates a statute is illegal and will not be enforced.” In the cannabis context, several courts have had occasion to address whether a contract between parties where cannabis is somehow related can be enforced in the event of a breach by one of the parties. The legality of providing otherwise licit services to a marijuana-related business was addressed in Mann v. Gullickson, where a dispute arose over a contract for the purchase of companies that provided hydroponic and licensing consulting to the marijuana industry. The business was to “provide consulting and information services to persons desiring to engage in hydroponic farming” and to “provide consulting and documentation preparation services to persons or entities desiring to establish medical cannabis dispensaries and related businesses in states where such activities were legal.” At no time did these companies possess, cultivate or distribute cannabis plants. Instead, the income was derived solely from the sale of consulting services, information packs, and document preparation.

Counseling Cannabis-Adjacent Businesses Not all cannabis-related businesses actually handle the plant. In fact non-touch-the-plant businesses utilize much of the same third-party vendors and service providers, such as landlords, banks, internet service providers, telephone systems, information technology companies, and consultants that advise touch-the-plant companies. Over the years an issue that sometimes arises in business dealings between cannabis companies and non-cannabis vendors is whether the fact that the contract concerns cannabis might render the contract unenforceable.

The question before the court in Gullickson was whether a contract for the sale of companies that provided the underlying services was enforceable notwithstanding the CSA. The court held the contract could be enforced because of California’s liberal policy on the “legality” element of contracts. In a footnote the court observed: “[The] object of the contract here is not necessarily illegal. 42


The parties agreed Gullickson would pay Mann to purchase the Companies.... There is no evidence in the record that the Companies actually possess, use, cultivate, or distribute marijuana – medical or otherwise.” Moreover, the court determined that while Gullickson argued the businesses “conspire” to do so, such so-called conspiracy appeared to be based entirely on providing information to customers, which did not rise to the level of a criminal conspiracy.

the retirement of debt to be left for trial on the question of whether the funds were to be used to purchase real estate and pay creditors, and therefore enforceable, or to acquire rights to convert debt into equity in a cannabis company, and therefore in the court’s view unenforceable. In J. Lilly, LLC v. Clearspan Fabric Structures Int’l, Inc., the plaintiff ran a marijuana dispensary and entered into two contracts with Clearspan, one to lease-to-own a greenhouse and the other to construct the greenhouse so that the dispensary could grow and supply marijuana. When Clearspan failed to properly construct the greenhouse, leaving the plaintiff with over $5 million in losses, the plaintiff sought rescission of the contract, $188,000 in restitution, the cost of repairing or replacing the greenhouse, and $5.4 million in lost profits based on lost marijuana cultivation. The court held that it could not award lost profit damages from the sale of marijuana, and dismissed the claim. The court’s reasoning was that as a federal court it may not enforce a contract if doing so would require a party to engage in conduct that is unlawful under federal statutes. In other words, according to that court, lost profits damages could not be awarded because doing so “would require the Court to compel Defendants to violate the Controlled Substances Act.”

A federal court in Texas addressed whether a loan agreement wherein a lender agreed to loan money to a cannabis company was illegal under federal law and therefore unenforceable. In Ginsburg v. ICC Holdings, LLC, the plaintiff attempted to collect millions of dollars he loaned to ICC Holdings on theories of misrepresentation and breach of contract. Ginsburg claimed he had been duped into loaning approximately $10 million in two separate transactions in exchange for class B convertible notes. The investments were based on representations, both written and oral, that promised significant future returns from medical marijuana sales in Illinois. When it became apparent that ICC Holdings could not perform on its obligations, Ginsburg sued. ICC Holdings defended the suit by claiming the contracts were void and unenforceable: “the purpose of the Notes is to fund the cultivation, possession, and sale of marijuana, in violation of federal law, [and, therefore] the Notes are void and unenforceable because they contravene public policy.” The court rejected this argument by ICC and upheld the contract. It found that nothing contained in the contract required Ginsburg or ICC “to manufacture, distribute, dispense, or possess marijuana.” The court also found that “the Notes do not mention marijuana, ICC’s business, or how ICC is to obtain the funds to repay its loan obligations.” “Instead,” the court noted, “the Notes simply set forth the terms of Ginsburg’s loans to ICC and provide for the repayment of the loans at a certain rate of interest.” In other words, the court found that there was nothing illegal about a loan to a borrower where the loan does not by its terms require either party to engage in cannabis activities.

Key Take-Aways It is important to acknowledge that while cannabis is becoming more and more mainstream, it is still undeniably illegal under federal law. Some firms have adopted policies of not serving touch-the-plant companies, while others are neck-deep in the cannabis industry. If a practitioner decides to venture into the purple haze of cannabis law, it is important to consider the governing attorney ethics rules of the relevant jurisdiction, the tolerances of the local judiciary to enforce cannabis-related contracts, and how to draft the contract in such a manner to withstand (or even sidestep judicial scrutiny). No legal strategy is without risk, and no business dealing in the cannabis industry is entirely immune from scrutiny. However, with appropriate planning, and learning from relevant precedent, attorneys who serve cannabis clients, and vendors who serve the cannabis industry, can effectively manage the risk.

Notably, all courts have focused on the basic contractual relationship, ignoring the big green elephant in the room. For example, in Bart St. III v. ACC Enterprises, LLC, a federal court concluded that provisions of a contract providing for the right of first refusal and an operating capital loan for a marijuana cultivation facility were illegal because such would “permit the defendants to directly use Plaintiff’s funds for cannabis cultivation or to gain ownership in Defendant’s cannabis business,” and are in the court’s view unenforceable. However, the court allowed provisions in a contract providing funds for the purchase of real estate and

For more information on these and other issues facing the cannabis industry in Pennsylvania, a panel on current trends and issues in cannabis will be presented at the Bucks County Bar Association’s 2022 Bench-Bar Conference on September 23, 2022, in Hershey, Pennsylvania. Sorry, the only “edibles” that will be available will be those made by Hershey.  43

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Your Trusted Referral Partner Since 1933 Stark & Stark’s Yardley office provides a full range of legal services for businesses and individuals in Bucks, Montgomery, Chester, Delaware, Philadelphia, Lehigh, and Northampton Counties. www.Stark-Stark.com • 1-800-53-LEGAL • 777 Township Line Road, Yardley, PA 19067