Delco re:View Fall 2016

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THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION

FALL 2016

Summer ends and Autumn comes,

and he who would have it otherwise would have high tides always and a full moon every night; and thus he would never know the rhythms that are the heart of life - Hal Borland, American Author, journalist and naturalist.

PHOTO BY THE HONORABLE BARRY C. DOZOR

IN THIS ISSUE: Fair Winds & Following Seas The Red Mass An 85 Year Hunt for Justice Titans of the Bar Fall into Delco

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Content

T H E O FFI C I A L P U B L I C AT I O N O F T H E D E L AWA R E CO U N T Y B A R A S S O C I AT I O N

The Official Publication of the Berks County Bar Association

FALL 2016

Delaware County Bar Association 2016 Officers PRESIDENT Scott C. Gottel, Esquire VICE PRESIDENT Vincent B. Mancini, Esquire PRESIDENT ELECT Robert R. DeLong, Jr., Esquire

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TREASURER Craig B. Huffman, Esquire RECORDING SECRETARY Robert F. Kelly, Jr., Esquire CORRESPONDING SECRETARY Karen E. Friel, Esquire

Fair Winds and Following Seas . . .

PAST PRESIDENTS Kristen M. Rushing, Esquire Jonathan Peri, Esquire

Michael R. Sweeney, Esquire (1944-2016)

YOUNG LAWYERS SECTION PRESIDENT Michael H. Hill, Esquire DIRECTORS Michael A. Burns, Esquire Michael S. D’Agostino, Esquire Patrick T. Daley, Esquire David S. Daniel, Esquire Alexander D. DiSanti, Esquire Andrew J. Edelberg, Esquire Gregory J. Hurchalla, Esquire Robert C. Keller, Esquire Kathleen A. Piperno, Esquire John A. Prodoehl, Jr., Esquire Mary V. Z. Wachterhauser, Esquire Carrie A. Woody, Esquire

DCBA Staff William L. Baldwin, Esquire Executive Director Tracy Price Director of Marketing and Editor 610-566-6627, x 225 Tracy@delcobar.com Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 PO Box 466 P (610) 566-6627 • F (610) 566-7952 www.DelcoBar.org The opinions expressed in this material are for general information only and are not intended to provide specific legal or other advice or recommendations for any individuals. The placement of paid advertising does not imply endorsement by the Delaware County Bar Association.

All rights reserved. No portion of this publication may be reproduced electronically or in print without the express written permission of the publisher or editor.

P U B L I S H E D

More Inside 4 5 6

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16 17 17 19

President’s Message Summer Travels Nominating Committee Report For The Year 2017 Still Working At 101 Years of Age! At The DCBA...

Titans of the Bar What’s Trending: Pilates? I thought you said pie and lattes?

Dogged Justice: Therapy dogs to be used in pilot program to ease tension in juvenile court Judge Dozor Works with Legal Aid, Bench and Bar Association to Help Pro Bono Clients Every Child Needs a Champion History of the Victims of Crime Act (VOCA) The Red Mass “What Our Readers Are Saying”

1964

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An 85 Year Hunt for Justice 20 DCBA Sports “Get Into the Game”

“Hey, is this Heaven?””No it’s... Iowa Media” 21 DCBA Golf 22 Are You Ready For Some Football?

Fly EAGLES Fly...

24 DCBA Making a Difference in Tomorrow...

25 DCBA Young Lawyers’ Section:

Run for the House 26 Wine & Dine: The Extinct Ancient Grape

and Its Exuberant Comeback 27 Electoral College 28 When Disaster Strikes, One Call Can Make

the Difference 29 50+ Attendees at the DCBA! 30 DCBA Events 31 Fall Into Delco The History, Culture & Art of the Game

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EDITORIAL SUBMISSIONS

au, Inc.

Highlights

Reading, PA | 610.685.0914 x201 hoffmannpublishing.com For advertising information contact Tracy Hoffmann at tracy@hoffmannpublishing.com

If you would like to provide editorial content for future issues of DelCo re:View please forward your story ideas to Tracy Price, Marketing Director & Editor, 610-566-6627, x 225, or Tracy@delcobar.com. Article and content consideration will be given to Association members, sponsors and vendors first but we welcome content suggestions from the Delaware County community. All content placement is solely at the discretion of the Association.

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President’s Message

Scott C. Gottel, Esq., DCBA President, 2016

A

lthough I am writing this message in some of the hottest weather of the summer, by the time of publication, the cool chill of Autumn will likely be in the air along with the beautiful reds, oranges, yellows and rust colors of our trees. Fall is a favorite time of year with mums and pumpkins, the approach of Thanksgiving, and the Holiday season around the corner. The year of my Presidency has gone faster than I imagined. I am pleased that the Bar Association increased its partnerships with local businesses and organizations in the Affinity Program, hosted one of the most well attended Bench Bar Conferences in its history, and offered multitudes of continuing legal educations classes and seminars for members and non-members. Additionally, the Association hosted multiple meetings serving to improve the practice of law and to make itself a better organization to support its members. For those who have not stopped into the Association building in a while, it underwent some attractive renovations thanks to the efforts and organization of our Executive Director, Bill Baldwin. With these fresh updates, the Association is prepared to move forward into 2017 to continue to provide programming to assist members in the practice of law and to provide services to the community such as referring individuals to lawyers and assisting people in obtaining pro bono services where necessary. If you are in need of legal services and cannot find an attorney, do not forget about the wonderful resource that is the Delaware County Bar Association Lawyer Referral Service. From January through June of 2016, the Bar Association had 258 pro bono volunteers and assigned 92 clients to attorneys, including custody, divorce, wills, guardianship, powers of attorney, elder law, debt collection and bankruptcy. The Association has hosted multiple programs to educate and assist attorneys in pro bono practices. Do not forget that you can contact the Association for referrals if you have a legal problem and are not sure where to start. For pro bono assistance, individuals should contact Legal Aid of Southeastern Pennsylvania for screening.

Even though there is still time left in my term, it is likely that this is my last President’s Message in this publication. I would like to take the opportunity to thank all the members of the Association, especially those who dedicate so much time and effort in volunteering at various events and in presenting continuing legal education courses. I also cannot miss the chance to sing the praises of our Executive Director, Bill Baldwin. Bill is not only a colleague, but a friend, and it has been such a privilege to work with him. I would be further remiss if I did not mention the support of my firm, Holsten and Associates, throughout the past year! The Delaware County Bar Association truly has amazing members and I have been proud to serve as its President and privileged to work with so many great people. I look forward to working with incoming President, Robert DeLong, Esquire, in 2017! Best wishes to our incoming Board in 2017!

SAVE THE DATE: The 144th Annual President’s Dinner honoring Scott C. Gottel, Esq., and welcoming Robert R. DeLong, Jr., Esq., will be held on January 20, 2017, at Springfield Country Club, Springfield, PA.

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Summer Travels:

W

ith a Delaware County summer comes heat and humidity so thick that some mornings it is like walking into an oven when you open your front door.

But I relish those days because with them, also comes adventure and travel! I have been fortunate to take some amazing trips, and this summer was no different. My travels led to the medieval city of Alghero in Sardinia, an island off the coast of Italy, about an hour plane ride or twelve hour ferry ride from Rome. I would suggest the plane ride!

Alghero is the perfect blend of history and beaches because, after all, when you are on summer vacation a beach is essential, right? And Alghero had plenty of them scattered around some of the most beautiful coastline I have seen; coastline that I experienced a little too closely for my taste when renting a car to drive 80 miles to a small town south of Alghero called Su Pallosu where I could not miss the opportunity to see (based on recommendations by trip advisor) a cat colony on a local beach!

Crazy, I know, but who travels all the way to Sardinia and doesn’t take a few hours to see some cats on a beach? What was thought to be a small excursion ended up taking almost an entire day. Who knew that an 80 mile car ride would actually take over three hours? I mean really . . . when I travel 90 miles to the beach from my house it only takes about an hour and a half.

However, I failed to factor in the steep mountain climbs, the hairpin curves and the cliffs with road warning signs picturing a car going over a cliff into the ocean. Let’s just say I was more than happy to travel at 40 miles per hour most of the way as I white-knuckled the steering wheel of the little, white FIAT rental car. In the end, the side trip to the cat beach was interesting and well worth the time to see the many beautiful towns and coastlines of Sardinia and get some real local experiences!

Back to Alghero where the majority of the trip took place.

Like many typical ancient European towns, Alghero is blessed with beautiful churches and architecture. Dotting the coast of this ancient, walled city were beautiful stone look-out towers constructed by the Catalans in the 1300’s and later expanded by Ferdinand the Catholic in the 16th century for greater protection of the city. The old town is full of narrow cobblestone streets, red tiled roofs and beautiful stone and stucco exteriors of buildings. I continue to be amazed at what appears to be no more than a wide sidewalk actually turns out to be a street.

Luckily, traffic in the old town of Alghero is restricted so stupid tourists like me do not have too many run-ins with vehicles.

Frankly, one of my worst nightmares driving to Su Pallosu was the potential of ending up in a small town and getting stuck on some narrow street in my little Fiat. Our large SUVs would never survive the streets of Alghero – or maybe it is the other way around . . . the streets of Alghero would not survive our large SUVs!

The walled town overlooks the port full of beautiful yachts and pleasure boats, a wonderful place to walk in the evening with some delicious gelato . . . new favorite flavors discovered were Kit Kat and Nesquik! No better way to end an evening.

Evenings usually started on what I will call “Italian time” (for anyone who has ever been to Italy, you probably know what I mean.) I am by no means a person who eats dinner at 4 or 5 o’clock. As a child, dinner was promptly on the table at 4:30 p.m. when dad came home from work. That was a different era and with busy work schedules I know many, including myself, who do not eat dinner until around 6 or 7 p.m., but even that was early in Italy. After approaching a restaurant at 7:30 one evening, the owner advised that it was still closed and would not open until 8 p.m. It seemed that many restaurants did not even begin to get a crowd until at least 9 p.m. At least I knew reservations would not be required for my taste of earlier dining – as long as the place was open! And don’t try to shop for souvenirs in the afternoon around 1 p.m.! This is what I like to call “happy Pranzo time,” a time when the locals break for a long lunch and nap, stores close and don’t reopen until around 7 p.m. It is a relaxed lifestyle that one can get used to, but unfortunately, job responsibilities beckoned in addition to missing the Bar Association, family and friends. Alghero was a wonderful combination of Italian culture, beaches and history.

A location I added to my growing list of places to return, and a location I recommend to those wanting to experience Sardinia! n

Fall 2016

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www.DelcoBar.org

Nominating Committee Report For The Year 2017 The Nominating Committee of the Delaware County Bar Association met on Thursday, September 1, 2016, pursuant to the Bylaws, Article VIII, Section 1.

Robert R. DeLong, Jr., Esquire, as President-Elect, will automatically become President of the Delaware County Bar Association in 2017 pursuant to Article II, Section 3 of the Bylaws.

The Committee makes the following nominations for officers and directors of the Association for the year 2017 and will present these nominations to the members at the Annual Meeting of the General Membership to be held on Wednesday, November 16, 2016. Pursuant to Article VIII, Section 1 (A) “Additional nominations may be made by Petition signed by at least ten (10) members who are entitled to vote, at least one of whom shall be the nominee. Such nominating petitions must be filed with the Secretary no later than November 1, 2016.”

President Elect ..................................................... Vincent B. Mancini., Esquire Vice President...........................................................Craig B. Huffman, Esquire Treasurer.................................................................. Robert F. Kelly, Jr., Esquire Recording Secretary ..................................................... Karen E. Friel, Esquire Corresponding Secretary............................................ Carrie A. Woody Esquire Directors for a period of two years: Amber L. Burke, Esquire............................................ Michael H. Hill, Esquire Marie C. Feindt, Esquire...................................... Rachael L. Kemmey, Esquire Ryan Grace, Esquire.................................................. Jean K. Moskow, Esquire Directors with one year remaining: Michael A. Burns, Esquire................................. Kathleen A. Piperno, Esquire* Michael S. D’Agostino, Esquire............................ Gregory J. Hurchalla, Esquire David S. Daniel, Esquire............................................. Robert C. Keller, Esquire

*Kathleen A. Piperno , Esquire, was appointed by President Scott C. Gottel and approved by the Board, pursuant to Article VI, Section 5 of the DCBA By-Laws, to fill the seat vacated by Kristina DeSenze.

Past Presidents: Scott C. Gottel, Esquire (As of 1/1/17) Kristen M. Rushing, Esquire (As of 1/1/16) President of the Young Lawyers’ Section will be determined at the YLS November Election

Respectfully submitted,

Chair: Kristen M. Rushing, Esquire

Members: Robert R. DeLong, Esquire Scott C. Gottel, Esquire Michael H. Hill, Esquire Jonathan Peri, Esquire Lyn B. Schoenfeld, Esquire D. Daniel Woody, Esquire, Member-At-Large n

6 | Fall 2016

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Still Working At 101 Years of Age! I

was looking for someone to repair a chair in my office when I ran into a family friend while we were in line to pay our respects to the family of Joe Kauffman, a close friend and former partner of mine. While talking, she mentioned that her grandfather could repair the chair for me.

What a pleasant surprise I had when I took the chair to Stephen L. Styer on Zebley Road in Garnet Valley. He is 101 years young and still very active. He was born on December 16, 1914 in Chadds Ford and his family then moved to a 300400 acre peony farm in Font-Uchland, Pennsylvania. He is a first cousin to J. Franklin Styer of Styer’s Nurseries. The small “town” in which he grew up was comprised of three small tenant houses with the entire town being “fed” with a single three inch water pipe emanating from one spring - which still is in service to this day.

During his youth, his family moved to a house in Booth’s Corner and he started an entrepreneurial career while attending West Chester High School. He would buy a large package of Milky Way candy, resell them to friends and “make” 45 cents, a princely sum at the time. He was able to buy a car, a 1925 Chevrolet, and give his friends rides to school, charging them $5.00 per month- the same amount the school district charged to ride their buses!

He worked for 40 years as a maintenance superintendent at a firm in Edgemore, Delaware, teaching himself woodworking skills that have enabled him to make ‘beautiful’ furniture. He made a desk for the secretary to Vice President Joe Biden and immediately received an order for the same model from her husband.

Mr. Styers, and his late wife, Ann, bought their two acre farm in Bethel and started farming the land while he personally added a family room portico and garage to their house. Fruit trees, tomatoes, strawberries, blackberries, cucumbers, flowers, etc. soon covered the property with the loving care of both Stephen and Ann. They were married for 79 years before Ann passed away in 2014. She was 97 years of age. Not only does he

miss her dearly, he also misses her homebaked pies!

His typical day now starts with his stretching exercises of one half hour, then his woodworking in the basement, tending to the garden, etc. He shyly suggests that he “doesn’t do much” these days.

His meals mostly come from his garden, except for his morning prunes which come from the Acme. Tomatoes for lunch and dinner always­with other vegetables and fruits- come from his garden. (In past years, he and his wife used to supply the Dilworthtown Inn, Harry’s Savoy Grille, etc. with fruits and vegetables.) Cookies and chocolate are his only indulgences, now that his wife’s pies are not available.

He remembers Delaware County when it was comprised mostly of family farms and is proud of the fact that his is one of the last still being farmed.

Mr. Styers attributes his long life to, actually, nothing special! He just gets a day older- every day. He has not missed many election days, starting with Hoover, of which he is proud.

He feels the young people of today do not have the work ethic as his generation -except for young lawyers and his lawyer of many years, Edmund Jones.

At the end of my visit with Mr. Styers, he broke out in poetry: I’ve never made a fortune, and it’s probably too late now.

But I don’t worry about that much, I’m happy anyhow.

And as I go along life’s way I’m reaping better than I sowed.

I’m drinking from my saucer, ‘Cause my cup has overflowed.

William J. Henderson, Jr. Mr. Styers, you made my day.

Respectfully submitted, Richard A. Mitchell, Esquire

n

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Fair Winds and Following Seas . . .

Michael R. Sweeney, Esquire (1944-2016)

Michael R. Sweeney, Esquire, a founding partner of Sweeney & Neary, LLP, left this earthly world on July 31, 2016.

M

ichael Sweeney practiced law for 42 years. Originally from Allentown, he started his career as a clerk to the Honorable Alfred T. Williams, in Northampton County and then worked for Wally Worth, Esquire, in Lehigh County. He began practicing law in Delaware County in 1976, joining the firm of Kassab, Cherry, Curran and Archbold. In 1990 he left the Kassab firm to open his own practice, ultimately forming, in 1997, Sweeney & Neary, LLP, a boutique family law firm.

He was a pioneer of sorts, one of the first attorneys to make family law his primary focus of practice back in 1980 when the new Divorce Code was passed. At the initial invitation of I.B. Sinclair, Esquire, “Sweeney”, as he was known, was elected as a Fellow of the American Academy of Matrimonial Lawyers, a national organization whose selectivity of its members is “to provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.” He was one of only 5 members of the Delaware County Bar Association to have been admitted to this prestigious organization.

As an attorney, he was known as a tough negotiator, a keen strategist, and a worthy litigator. He zealously represented his clients, whom he treated with immeasurable compassion, and kept true to the maxim that his word was his bond. Despite his reputation for toughness, he never lost his sense of humor or his sense of camaraderie with fellow members of the bar.

He served as a mentor to many attorneys. He was always generous with his time and advice to other attorneys, who often sought him out due to not only his expertise in knowing the law, but his ability to approach problems with an eye towards practical resolution. So many attorneys have stories of his kindness to them as young attorneys, treating them with respect and encouraging them along the way.

His status as a preeminent family law attorney was recognized by his peers through numerous awards at both the state and local level. He was active in his community, serving for ten years as a member of his Township Planning Commission and Board of Supervisors.

Prior to entering the practice of law, Sweeney volunteered to serve his country. He was a decorated veteran as a result of his service in the United States Navy from 1962-1966, during the

8 | Fall 2016

Vietnam War. He served aboard the USS Constellation as well as the USS Ranger.

He loved sailing and boating, especially throughout the Chesapeake Bay. His interests also included woodworking, backpacking and hiking, as well as traveling throughout the United States and abroad.

He leaves behind his wife of 45 years, Elaine, along with two children, Lauren and Michael (Laya), and a granddaughter, Aurora Elaine. His broad smile, ready laugh and quick wit is sorely missed by his family, colleagues, friends and clients. The members of his extended office family, i.e. “the Firm”, especially miss his morning greeting of “Hey gang!”.

A Sailor’s Prayer, by C.D. Williams Sailors pray, For fair winds and a following sea The smell of salt in the air, The feel of their skin as it’s touched by the spray An albatross soaring above, Dolphins in the ship’s wake at play To witness a work of art that only God can create, The sunset at the end of day At night a million stars in the sky, Safe anchorage in an islands lee When the time comes to die as for all it must, To awake in Sailors Heaven where nothing ever rusts And always there would be, Fair winds and a following sea Wishing our friend and mentor fair winds and following seas!

Colleen M. Neary, Esquire and the attorneys and staff of Sweeney & Neary, LLP n

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At The DCBA...

A New Face Please allow us to introduce to you Nancy Ravert Ward, Executive Administrative Assistant, Delaware County Bar Association. Nancy comes to the Bar Association after having served the Alumni Office of Delaware Law School Widener University as Director of Alumni Engagement for over 35 years. Outside of work Nancy enjoys spending time with her family and friends camping in the mountains and at the beach. She and husband Bryan are the proud parents of three great kids, and grandparents to two (and one more on the way) beautiful grandbabies. If you have not already done so, please take the opportunity to introduce yourself to her when you are in the Bar Building. Nancy is responsible for handling CLE programming, scheduling committee meetings, membership issues, ADR scheduling, and processing Fee Dispute Petitions. n Nancy Ravert Ward Email: nancy@delcobar.com Phone: (610) 566-6625, ext. 222

And a Fresh Coat of Paint Colors, like features, follow the changes of the emotions. - Pablo Picasso Many have come to the Bar Association and have asked, what is different? Well, we have changed our colors!

We collectively employed a little color psychology, as what color you paint your walls is not just a matter of aesthetics. Artists and interior designers have long understood how color can dramatically affect moods, feelings, and emotions. It is a powerful communication tool and can be used to signal action, influence mood, and cause physiological reactions. We thank “Just Us Girls� Painting Service for their expertise and professionalism. And to our membership, welcome back to the DCBA after a short, hot summer. We hope you like what we have done with the place. n

Fall 2016

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TITANS T OF THE

he Historical Records Committee under the able chairmanship of F. David Hennessy, Esquire, made a study of the more notorious and renowned lawyers of Delaware County during the eras in which they practiced. The

study was labeled “Legends of the Delaware County Bar”. Since “Legends” refers to the past, the title of this series has been altered to “Titans of the Delaware County Bar”. The most difficult era to recollect was the period from 1682 through 1915.

BAR

Editor’s Note: With the painting of the interior of the Bar Association building, I was forced to organize my office. What was considered a daunting task turned into a stroll down memory lane and an education in history. As I rummaged through boxes of photos, papers and books, I was met with laughter and tears, so many gains and losses. With each loss however, I was overwhelmed with good fortune in finding recordings of remarkable work of those from our past, those whose accomplishments still impact us as we continue through this journey called life. The first installment of “The Titans of the Delaware County Bar” was given to me by O. Warren Higgins prior to his passing in 2012.

The intention was that subsequent installments would follow for publication in future editions of the Delco re: View. It is my pleasure to have the opportunity to share my find with you, our readership.

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The research for this period was organized by committee member John H. Clark, Jr., Esquire whose vast knowledge and intense interest in the history of the Delaware County Bar was invaluable. The product of his work begins our series:

1682 – 1915 Era

by John H. Clark, Jr., Esquire

INTRODUC TION

The initial question must be, “Where do we start?” There was no “Delaware County” until 1789, when Chester County, the seat of which had been at Chester since William Penn, split into Chester County and Delaware, with the older portions of the County, with its seat at Chester, receiving the new name, “Delaware County.” There was no formal group of Delaware County lawyers until the incorporation of the Delaware County Law Library Association (the name of which was later changed to the Delaware County Bar Association) in 1872.

Many famous cases took place in the old Courthouse at Chester, including the trial of James Fitzpatrick, whose exploits were immortalized by Bayard Taylor as Sandy Flash in the “Story of Kennett”, which in turn, was incorporated into the “McGuffey’s Readers.” The Court House itself, which was the County Court House from 1724 until 1850, and often hosted the Supreme Court of Pennsylvania while that Court was on Circuit, still stands and is, itself, a true legend of the Delaware County Bar.

There is one local lawyer of the pre-Revolutionary period who stands out in the history of American law, namely David Lloyd. We have selected him as the first of our legends of the Bar. Our other eighteenth century inclusion, John Morton, raises the question of the definition of a lawyer. Whatever that definition may have been in that period, it is difficult to say that a man who sat of the Supreme Court of Pennsylvania is not to be called a lawyer in present terms.

In the late nineteenth century, the County welcomed our first woman lawyer, Eleanor J. Wilson Geary, who was admitted September 19, 1898 and died August 1, 1954. The Delaware County Bar Association’s Memorial Resolution tells us that she did not practice law after her marriage to Alexander Brooke Geary.

Another important name is that of the great historian, playwright, and author, Henry Graham Ashmead, who was born June 30, 1838, admitted to the New York bar in 1859, moved to this area in 1869, and admitted to the Delaware County bar in 1875. He died November 27, 1920. It is very doubtful that, despite his bar membership, he would have listed his primary occupation as “lawyer”.

Still another near miss is another distinguished historian, A. Lewis Smith, who was born November 12, 1831, admitted to the Delaware County Bar on November 28, 1853, and died July 19, 1914. A. Lewis Smith was the founding President of the Delaware County Historical Society in 1896, and the eldest son of Dr. George Smith, who wrote the first History of Delaware County (1862). However he maintained his primary practice in Philadelphia.

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We also remember V. Gilpin Robinson (District Attorney 1876-1887), who was considered an outstanding trial lawyer, and Henry Hale Graham, an outstanding lawyer of his time, who was the first Judge to sit in Delaware County after it was established as a separate County (1789-1790).

DAVID LLOYD

David Lloyd was, in 1686, the only lawyer in Pennsylvania (“Courts and Lawyers”, Eastman); he became Chief Justice of the Provincial Court on February 15, 1717. The Judiciary Act of 1722 Created the Supreme Court of Pennsylvania, which was in actuality, a continuation of the old Provincial Court under a new name (“The Supreme Court of Pennsylvania, 1986, published by the Supreme Court). David Lloyd remained Chief Justice until his death in 1730.

There is a biography, “David Lloyd” by Roy Lockken (1958), as well as substantial biographical information in “Lawmaking and Legislators, A Biography, Vol. 1, 1682-1709, edited by Craig W. Horle and Marianne S. Wokeck (University of Pennsylvania Press, 1990).

Pennsylvania’s Constitution of 1701, which established the principle of “no law, no appropriation” was considered the great achievement of David Lloyd. He was often considered the outstanding figure in the Commonwealth, second only, during the latter’s lifetime, to The Proprietor himself.

The site of Lloyd’s home; “Green Bank”, at Second and Welsh Streets in Chester, remains a historical landmark established by the Pennsylvania Historical and Museum Commission. That home later became the home of Commodore David Porter, and accordingly, the boyhood home of his son, Admiral David D. Porter, and his foster son, Admiral David Farragut. Farragut and Porter became the first and second Admirals in the United States Navy during the Civil War.

David Lloyd was buried in Chester Friends’ Burial Ground, in the 600 block of Market Street (now” Avenue of the States”) in Chester. When that burial ground was removed, his remains, and those of his wife, were reburied in Old St. Paul’s graveyard in Chester, where the gravestone proclaims him as “First Chief Justice of Pennsylvania.”

Both Lloyd Street and Welsh Street in Chester were named for him, the latter because it led to his home and he was Welsh.

It is believed that, for religious reasons, he never allowed his portrait to be painted.

JOHN MORTON

John Morton, a signer of the Declaration of Independence, was born in Ridley Township in 1724 and died there on April 1, 1777. He is buried in old St. Paul’s Churchyard in Chester. He is generally listed a s career civil servant, a surveyor and a farmer. It is not clear that he ever listed himself as an “attorney” or “lawyer”. It is entirely possible that his service as “attorney” to the Ford family from 1766 to 1768 referred to his acting

pursuant to their Power of Attorney. He was frequently an executor and a guardian.

Morton served in the Pennsylvania Assembly from 1757 until 1767 and from 1769 until 1776 and rose to become the Speaker of the Assembly. During the gap in his service as an assemblyman, he was Sheriff of Chester County. In 1757, while in the Assembly he was appointed a Judge of the Chester County Court (essentially a Justice of the Peace). On April 20, 1774, he was appointed as a Justice of the Supreme Court of Pennsylvania

In 1765, Morton was a member of the Stamp Act Congress which convened in New York. He was elected as a Delegate to both the First and Second Continental Congresses and became one of the fifty-six signers of the Declaration of Independence.

He had the “distinction” of being the first signer of that document to die.

WILLIAM IRVIN SCHAFFER

William Irvin Schaffer was admitted to the Delaware County Bar on February 13, 1888. He was born in Philadelphia on February 11, 1867. His family moved to Chester while he was very young and he attended the public schools there until the age of 15. His maternal grandfather, William H Irwin, had served as Adjutant General of Pennsylvania from 1848 to 1852.

He quit school to take a job as office boy to the then Federal Judge Oliver B. Dickinson. He read law in the office of Judge William E. Broomall and after his admittance to the bar he became Judge Broomall’s assistant. He had an active practice, with his most significant client being William Cameron Sproul of Wallingford who became the governor of the Commonwealth of Pennsylvania in 1918. Schaffer was the only Delaware County lawyer to become President of the Pennsylvania Bar Association (1918-1919). He was appointed a Justice of the Supreme Court of Pennsylvania on December 14, 1920 and become that Court’s Chief Justice on January 2, 1940, the only modern Delaware County lawyer to attain that office. He died on January 15, 1953 at the age of 85. His Memorial Resolution is found in Vol. 40 of the Delaware County Reports. n

KENNETH P. BARROW, JR., REALTOR Offering services in commercial sales, leasing, management, development, land searches; appraisals for condemnations, tax assessment appeals, change of use, subdivision www.kpbrealtor.com and zoning.

KPB

kpbrealtor@rcn.com 610.447.8816 Fall 2016

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What’s trending:

Pilates?

I thought you said pie and lattes?

By Tracy E. Price, Editor

O

k, let us first get the bad stuff out of the way about the Pumpkin Spice Latte (PSL). There must be a down side to something that tastes so good. The rock star of latte, the queen of froth, is about as carb-loaded as eating a bagel and definitely NOT part of a low-sugar diet. Variations of the pumpkin latte and PSL range from 47 grams to 116 grams of sugar per large serving, well above the American Heart Association’s recommended 24 grams of added sugar per day. And yes, it has been proven, it can make you spend more money. According to a study by NPD Group, people tend to spend a $1.14 more in stores when they are ordering a Pumpkin Spice Latte. The organization analyzed 35,000 receipts, finding that buying the latte was a true #treatyoself moment—many splurged on something to eat with it, upping their bill a bit more than usual, just had to have that glazed pumpkin biscotti!

Now, the good stuff…After having survived the hottest August on record, the PSL reminds us that Autumn is approaching, the time of year when everything bursts with its last beauty, nature’s grand finale. The hills are covered in a cobbler crust of brown sugar and cinnamon, and from pumpkins we prosper… Believe it, pumpkins are a $361 million business, that is more than the Gross Domestic Product (GDP) of some parts of the world. It is therefore not surprising that companies are coming out with everything from Pumpkin Spice Twinkies to Pumpkin Spice-flavored hummus to capture a bit of the buzz.

A Promotional Sweet Spot…The Pumpkin Spice Latte (PSL)

For Starbucks, the Pumpkin Spice Latte the most popular seasonal drink ever sold, roughly more than 200 million! The PSL has such a cult following that 108,000 people follow the drink—yes, the drink—on Twitter, waiting for clues to its return. It even had a secret Orange Sleeve Society last year, and to this day, it remains the siren-logoed store’s best-selling seasonal drink of all time.

Not every PSL contains real pumpkin. Just because “pumpkin spice” is in the name doesn’t mean the gourd is actually used to make the drink. In fact, it wasn’t until last year that Starbucks reconfigured its PSL to include it. Previously, the pumpkin spice sauce was largely autumnal seasonings, a blend of cinnamon, nutmeg, ginger and cloves, and the drink’s golden hue was the result of caramel coloring. As more brands move away from using artificial colors and flavors, expect to see more of the real thing.

The next time you complain about your job, consider how “rough” the recipe developers at Starbucks had it. To create the very first pumpkin spice latte, the product development team ate slices of pumpkin pie while sipping espresso to figure out how to blend the two flavors together, without one overpowering the other. It took three months of tasting and re-tasting drinks until they settled on The Pumpkin Spice Latte, a recipe that hadn’t changed until last year, the PSL is now made with real pumpkin, and without caramel coloring.

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HOW TO MAKE A PUMPKIN SPICE LATTE AT HOME ‘Tis the season…Can you hear the espresso machine firing up? Starbucks is bringing back the obsession of millions, The Pumpkin Spice Latte. If you do not want to wait until the full launch, here is how to make a spicy, frothy pumpkin spice latte at home.

Makes 2 drinks Ingredients 2 tablespoons canned pumpkin 1/2 teaspoon pumpkin pie spice, plus more to garnish Freshly ground black pepper 2 tablespoons sugar 2 tablespoons pure vanilla extract 2 cups whole milk (most satisfying) 1 to 2 shots espresso, about 1/4 cup 1/4 cup heavy cream, whipped until firm peaks form Instructions 1. Heat the pumpkin with the pumpkin pie spice and a generous helping of black pepper for 2 minutes or until it is hot and smells cooked. Stir constantly.

2. Add the sugar and stir until the mixture looks like a bubbly thick syrup.

3. Whisk in the milk and vanilla extract. Warm gently over medium heat, watching carefully to make sure it doesn’t boil over.

4. Carefully process the milk mixture with a hand blender or in a traditional blender until frothy and blended.

5. Make the espresso or coffee and divide between two mugs and add the frothed milk. Top with whipped cream and a sprinkle of pumpkin pie spice, cinnamon, or nutmeg if desired.

Substitutions Pumpkin Pie Spice Substitute: No pumpkin pie spice? Make your own…makes 2 1/3 tablespoons Ingredients: 1 tablespoon ground cinnamon; 2 teaspoons ground ginger; 1/2 teaspoon allspice; 1/2 teaspoon ground cloves; 1/2 teaspoon ground mace; 1/2 teaspoon ground nutmeg.

Instructions: 1. Measure out all ingredients in the order listed (to ensure you don’t double up or leave one out) into a small bowl.

2. Whisk or stir to combine. You may store any extra in an airtight container for up to 1 year.

Espresso Substitute: If you do not have espresso on hand, you can use strong brewed coffee instead. Increase the amount to 1/3 - 1/2 cup. n

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DOGGED JUSTICE:

Therapy dogs to be used in pilot program to ease tension in juvenile court

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herapy dog Frangelica is held by her caretaker, local attorney Kathryn Meloni, Esquire, Wednesday, September 14, 2016, as Delaware County officials announce the beginning of the Courthouse Companions program.

MEDIA >> White-furred Frangelica gently panted as her caretaker Kathryn Meloni cradled her in her arms while officials outside the Delaware County courthouse announced how the docile pup would soon be put into action.

Article posted 09/14/16, Delaware County Daily Times, By Kathleen E. Carey

Frangelica and Meloni are one of eight pet therapy teams that will spend Tuesdays in the Juvenile Dependency Court and Wednesdays in the Juvenile Delinquency Court starting Sept. 20 and 21 as part of the Courthouse Companions program.

Partnering with Newark, Del.-based non-profit Paws for People, county officials signed a $1,000, 12-month contract to have the pets placed in the waiting rooms of these courts as a way to calm children and others in a courthouse environment.

“We want to make our courthouse as friendly an environment as possible for those residents and others coming to our courthouse whether that be everywhere from their jury experience to witnesses and children to the care for those with special needs

such as our veterans, drug addicted people and others in the mental health system that affect our courts,” county Councilman John McBlain said.

Paws for People first provided therapy dogs in the court system of Cecil County, Md.

“There we were primarily working with the child advocacy centers and we were working with children one-on-one prior to them giving testimony in court,” Stephanie Barry, associate director of Paws for People, said. “The program expanded there to where we actually bring therapy dogs into the courtroom to help children calm themselves.”

Due to that program’s success, the organization expanded into the court system in Harford County, Md. In those cases, the dogs, or cats and rabbits, are in the courtroom. Here in Delaware County, the animals will be positioned in the waiting rooms of the two juvenile courts.

handlers, both of whom will be clearly identified with Paws for People leashes and tags. They will not approach any children or adults. They will stay and children and others are welcome to approach them.

Delaware County Common Pleas Judge Nathaniel Nichols, who presides in Juvenile Court, expressed his wish for the program.

“Being involved in court proceedings can be very intimidating for anyone but especially for children,” he said. “I hope that these canine therapy teams will help children, their families and others involved in cases be calm and overcome their fears.”

The program in Delaware County will be overseen by Meloni, who has been a part of Paws for People for two years.

Barry explained how these specially trained and tested animals can be beneficial.

“During that time, I have witnessed amazing results stemming from the relationship between dogs and people,” Meloni said. “It is extremely rewarding and I believe that the Courthouse Companion program will be a huge success in the Delaware County court system.” n

Children, older caregivers and anyone else who’s with them who might benefit from a nuzzle from a friendly therapy companion will have that opportunity here,” she said. The animals will be with their

To make a donation by mail, please send to: PAWS for People Attn: Rosemarie LeNoir PO Box 9955 Newark, DE 19714 http://www.pawsforpeople.org/donate/

PAWS for People™ (Pet-Assisted Visitation Volunteer Services, or PAWS) is a non-profit organization committed to providing therapeutic visits to any person in the community who would benefit from interaction with a well-trained, loving pet.

What makes PAWS for People stand above other pet therapy services is the emphasis we place on providing individualized therapeutic experiences for every person we visit. Our strict standards in training and testing dogs and cats make sure every therapy team is capable of meeting the various needs of our diverse clientele.

PAWS is most active throughout Delaware, but also serves areas in southern Pennsylvania, Cecil and Harford Counties in Maryland, and Camden and Gloucester counties in New Jersey. PAWS visits people of all ages, ethnicities and income levels.

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Legal Aid of Southeastern Pennsylvania (LASP) is very grateful to the following attorneys, law firms and organizations for their generous support of the 2015-16 Attorney Campaign for LASP. Champions of Justice Donations of $5,000 and above Delaware County Bar Association Lyn B. Schoenfeld Defenders of Justice Donations of $1,000 -$2,499 Robert R. DeLong, Jr. Benefactors of Justice Donations of $500 -$999 The Honorable Stephanie H. Klein Sacchetta & Baldino Mary V.Z. Wachterhauser Friends of Justice Donations up to $250 Robert A. Auclair Harriet Anderson William Baldwin The Honorable John & Sharon Capuzzi Steven L. Chanenson Andrew J. D’Amico Thomas Ellixson Joseph M. Fioravanti James R. Flick Stephen D. Ford Stephen Gerber Law Offices of James B. Halligan III Theresa A. Hartzell Douglas Humes Amanda Krasinski-Konyk Joseph L. Monte, Jr. Gerald C. Montella Evan Prochniak Linda Ramsey Peter J. Rohana, Jr. J. Michael Sheridan Lee Stivale Matthew Stone David T. Videon Martha E. Von Rosenstiel Donald J. Weiss LASP also thanks those Delaware County attorneys who donated to LASP through their Bar Association dues or by donating their arbitration fees.

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JUDGE DOZOR WORKS WITH LEGAL AID, BENCH AND BAR ASSOCIATION TO HELP PRO BONO CLIENTS

By Hon. Stephanie H. Klein (Ret.)

J

udge Barry C. Dozor, President Judge Chad F. Kenney and the rest of the Delaware County bench recently improved access to justice in our courts for indigent clients.

For years, some pro bono attorneys would hesitate in taking custody cases from Legal Aid of Southeast Pennsylvania (“LASP”) because of fear that the court would not permit them to withdraw after the custody conference or trial to which they had committed. Thus an attorney would remain listed as counsel in Office of Judicial Support records and could be called upon to represent a future custody matter for that client until the child or children reached the age of majority.

Pro Bono attorneys were having another problem. In the past, they had been able to file a simple praecipe stating that they were representing a client through Legal Aid on a pro bono basis to file in forma pauperis under Pa. Rule of Civil Procedure 240. However, some of the judges were requiring full-blown hearings to support the in forma pauperis petitions.

Jackie Csop, Bar Association Pro Bono Coordinator, who refers cases to pro bono attorneys for LASP, was having difficulty referring pro bono cases because some attorneys expressed concern about doing an in forma pauperis hearing when they entered the case.

Clearly something had to be done. Tom Kerstan, the Pro Bono Coordinator for LASP and Stephanie Klein, the Co-Chair of the Pro Bono Committee, spoke informally to Judge Dozor.

Judge Dozor and President Judge Kenney convened a meeting with Judge Cartisano and stakeholders from LASP and the Bar Association.

After this meeting, Judge Dozor and the Board of Judges undertook to resolve these issues. Local Rule 1012 was published in the Pennsylvania Bulletin on July 9, 2016, and became effective 30 days thereafter. 46 PAB.

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3641 (Saturday, July 9, 2016) http://www.pabulletin.com/secure/ data/vol46/46-28/1161.html

This rule has two parts. First, it permits attorneys who represent clients on a pro bono basis through LASP to enter their appearances on a limited basis for a specific number of custody master’s conferences, or for a custody trial, or for another custody matter. If the attorney enters his/her appearance through Local Rule 1012, he/she need not petition for an order of court to withdraw his/her appearance. Instead, the attorney merely files a praecipe for withdrawal of the limited appearance, and notifies the judge, opposing party, and/or counsel, and the client.

Any fee for withdrawal under the rule shall be waived.

Second, it enforces Pa Rule 240 by providing that the limited entry of appearance shall be accompanied by a Praecipe to proceed in forma pauperis, certifying that the attorney “is providing free legal service to the party and believes the party is unable to pay the costs.” Upon this certification, Rule 1012(a)(1) states that the court “ shall waive any fee any fee for the limited entry of appearance or any filing made at the same time as the limited entry of appearance…”

A last important aspect of the rule is that it provides forms for the Praecipe for Entry of Limited Appearance and Withdrawal of Limited Appearance.

In speaking about the Rule and its impact on expanding pro bono representation, Judge Dozor stated that “[my] assisting with the new Limited Entry of Appearance Rule, designed to encourage greater participation in the Delaware County Pro Bono Program, has been rewarding and will have a positive impact on so many.”

The Bar Association, LASP and the Pro Bono Committee of the Delaware County Bar Association are extremely appreciative of the opportunity to collaborate with Judge Dozor and the Board of Judges to facilitate representation of income eligible clients by pro bono attorneys in Delaware County. Through their efforts, more income eligible clients will have access to pro bono attorneys and a better opportunity to fully and fairly present their cases to the court. n Hon. Stephanie H. Klein (Ret.) is the co-chair of the Pro Bono Committee with Donald J. Weiss, Esquire. She is a mediator

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Every Child Needs a Champion

G

rowing up in today’s world can be tough. Fortunately, most children can count on involved, caring parents to help them navigate the seas of life.

Not so for Richette.

signed her a Court Appointed Special Advocate (CASA)—a volunteer to act as the stable adult in her life and advise the courts on her best interests. With support and training from the professional staff of social workers and attorneys at CASA Youth Advocates, CASA volunteers secure better outcomes for the children they support.

By five years old, little Richette was thriving in her new adoptive home.

One steady presence

Born with drugs in her system, Richette spent the first month of her tiny life in the hospital. Things didn’t get much better at home. Neglected and surrounded by domestic violence and continued substance abuse, Richette found herself in the child welfare system at 11 months old.

By two years of age she had lived in three different foster homes. None had been able to meet her special needs, leaving her underweight and developmentally delayed. To make matters worse, Richette was one of roughly 300 cases assigned to the attorney appointed as her guardian ad litem.

Sadly, nearly 1000 abused and neglected children in Delaware County like Richette fall under the jurisdiction of the dependency courts. At risk of getting lost in the massive, complex labyrinth meant to help them, they encounter a dizzying array of social workers, therapists and other professionals. They move frequently from home to home, school to school.

Even their appointed caregivers, while often nurturing and committed, are only temporary.

Luckily for Richette, the courts as

Since 1992, CASA Youth Advocates has worked with the family courts in Delaware County to ensure a safe, permanent, nurturing home for abused and neglected children caught in the child welfare system.

We recruit, train and support CASA volunteers—caring people who come from all walks of life. After an extensive application and screening process and a comprehensive 35-hour training program, Dependency Court Judge Nathaniel Nichols formally swears in new volunteers.

CASA volunteers partner with the guardian ad litem and a CASA supervisor to advocate for one child or sibling group in the system. They review all of the child’s records, form relationships with anyone in the child’s life, help craft an advocacy plan, and visit the child at least once per month. Before each court hearing, the CASA volunteer prepares an extensive report on the child’s status and makes recommendations for the child’s future care.

As CASA volunteers form relationships with the children they champion, they see more than case files. CASA volunteers’ insights paint pictures of real children for the courts—children with hopes and fears and favorite toys.

CASA volunteers usually journey with their cases until the child exits the system. One youth remembers living in 33 placements across 5 states with countless caseworkers, but it was his CASA volunteer who stayed with him through it all, helping him graduate from high school

and enroll in college.

In Delaware County, three attorneys serve as guardians ad litem for a tremendous caseload of roughly 1000 total children—making the CASA volunteer’s role essential.

In 2015, CASA advocated for almost 200 Delaware County children. But that’s only a fraction of the children in need of a CASA.

Challenges in the system

Compared to children in other Pennsylvania counties, Delaware County children remain in the dependency system longer, wait longer to be adopted and change placements more frequently. They average almost four years in the system, about double the expectations set by state and federal law.

The lack of court time to hear cases largely contributes to children’s extended time in the system in Delaware County.

State guidelines encourage dependency courts to hear cases every three months to ensure that children do not linger in care longer than necessary, but in Delaware County cases are generally heard every five months.

Be a champion!

It’s clear that additional attention and resources are needed to address the difficulties in the county’s dependency proceedings, and that our children are suffering. We hope to generate productive discussion so we can begin moving our children to permanent homes more quickly.

How can you help? You can champion Delaware County’s vulnerable children: 1) Add your voice to the conversation.

2) Volunteer as a CASA. 3) Donate to help us reach more children. Our upcoming gala on December 2nd is a great opportunity to get to know us better while supporting our work. n

For more information, contact Anne Shenberger, MSS, LSW, Executive Director, at ashenberger@delcocasa.org.

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In September, Members of the Delaware County Bar Association Celebrated the Red Mass to Invoke God’s Blessing on the Judicial Year . . .

HISTORY OF

THE VICTIMS OF CRIME ACT (VOCA)

T

he Victims of Crime Act was created by the Federal Government to find ways to assist victims of crime through compensation.

The traditional model had been to punish the criminal, which often did little or nothing to make the victim whole or restore him/her to a place of security. As a way to correct this, Congress passed the Victims of Crime Act in 1984, which created the Office for Victims of Crime.

The Office for Victims of Crime administers a Crime Victims Fund, which is supported through fines levied against offenders convicted in the federal system. This money is then distributed to states for disbursement to various victim services programs and funds, such as rape crisis centers, domestic violence programs, children’s advocacy programs, and victim compensation funds.

In 2015, the OVC distributed over $1 billion in support to assist victims of crime throughout the United States.

For more information on VOCA or OVC, visit www.ovc.gov. n

The Red Mass is a Mass celebrated annually at Nativity B.V.M. Church in Media, for judges, attorneys, law school professors, students, and government officials. The Mass requests guidance from the Holy Spirit for all who seek justice, and offers the opportunity to reflect on the God-given power and responsibility of all in the legal profession. The Red Mass this year featured the St. James High School Alumni Choir “Blue and Gray Voices” and Principal Celebrant and Homilist, Reverend Robert Hagan, OSA. RED MASS PRAYERS OF INTERCESSION The Response is “Lord, hear our prayer”.

For all members of the legal profession, that God may grant them wisdom, guidance, and a desire to seek the truth in all things. We pray to the Lord…

For all judges, that as they put on their robes, God may also clothe them with discernment, understanding, and a desire for justice, we pray to the Lord…

For all lawmakers, that God will send His Spirit upon them so that they may pass laws which are just and protect the rights of all people, we pray to the Lord…

For members of the Delaware County legal community who are ill, that God may restore them to good health, we pray to the Lord…

For all deceased members of the Delaware County Bar Association, especially Clarence D. Bell, Jr. John N. DelCollo D. Michael Emuryan Kevin W. Gibson Joseph W. Kauffman Karen Newell J.D. Outtrim

Francis G. Pileggi Robert E. Porter Michael R. Sweeney Andrea Tillis The Honorable William R. Toal, Jr. Anna I. Vadino

That they enjoy eternal peace, we pray to the Lord…

n

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An 85 Year Hunt for Justice

By Robert C. Keller, Esquire

I

n 1931, a 16-year old African American boy was executed by electric chair after being convicted of murder here in Delaware County, Pennsylvania. The child, Alexander McClay-Williams, is the youngest person ever to be put to death in Pennsylvania.

Samuel M. Lemon, Ed.D., the greatgrandson of the first African American member of the Delaware County Bar Association, who represented the child at trial, has spent the last thirty (30) years investigating the homicide and the trial. On June 16, 2016, Dr. Lemon came before members of the Delaware County Bar Association and the Delaware County Association of Criminal Defense Lawyers and presented a three (3) hour continuing education seminar, which detailed the astonishing and flawed, racist system that led to a terrible miscarriage of justice.

On October 3, 1930, Vida Robare, a 34-year old house mother at the Glen Mills School in Thornbury, was found fatally stabbed 47 times with an ice pick in her second-floor bedroom. In addition to the stab wounds, Mrs. Robare had suffered a fractured skull and broken ribs, suggesting the ferocity of a crime of passion. When her body was initially discovered by her ex-husband around 5:00 p.m., none of the 600 students, then referred to as “inmates” were suspects. According to an October 4, 1930 Chester Times article, Glen Mills School Board Member, George T. Butler, said all the boys had been accounted for and noted, “I don’t see how a boy could have done this deed”. Dr. Lemon, in his research, also found an October 4, 1930 Chester Times article, where the reporter had interviewed Delaware County Chief Detective, Oliver N. Smith. Smith told the Times, “This crime was committed by a full-grown and strong man. The woman was unmistakably athletic and could have fought off a boy”. Dr. Lemon discovered that Fred Robare, the full-grown man who discovered the victim’s body, was not her husband, but her exhusband who had followed her to Glen Mills, where she lived

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with their 10 year old son and worked as a farm instructor. Lemon was able to locate the divorce decree via the internet. “They had divorced in 1921.

The cause was ‘extreme cruelty’”. She had filed for divorce in Michigan. Lemon showed the divorce decree to the 100 plus attorneys who attended the seminar and told them that this fact never came to light during the investigation of the murder or the trial. Dr. Lemon also found an article where the authorities told the public that they intended to compare all the “inmates” and staff fingerprints with the bloody hand print that was found on the wall of the victim’s residence. Yet, for some unexplained reason, this was never done and the trial transcript does not reveal who made the print.

Likewise, it is unclear from the record why the focus moved towards Alexander McClay-Williams, who had been an “inmate” at Glen Mills School since he was 12 years old. The school records and testimony from the trial reveal that Williams was of slight build and had be flogged with a strap at least four times while at the school. During his first two interrogations conducted by Hanson Hickman, the school superintendent, Williams denied murdering Mrs. Robare, said Lemon. Hickman testified at trial that Williams “finally” confessed to the crime the night of October 7, 1930, “after I left him alone for about 20 minutes”. Hickman further testified, “…I had him so mixed up that he admitted he had been lying throughout the whole conversation.”

Seventeen days after Alexander “confessed” and was charged with First Degree Murder, the Court appointed William Ridley, who was the only African-American attorney in Delaware County, to represent him.

Dr. Lemon, the great-grandson of William Ridley, told the packed room of attorneys that, “Ridley did not like the case”.

It didn’t make sense to him. He was left with a strategy of impugning the integrity of all the white witnesses and detectives or to seek mercy on the Court to keep the child alive.

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Samuel M. Lemon, Ed.D., the great-grandson of the first African American member of the Delaware County Bar Association, who represented the child at trial, has spent the last thirty (30) years investigating the homicide and the trial.

Lemon said that his great-grandfather concluded that attempting to discredit the witnesses in front of an all white jury would not be successful. As it turned out, neither was his mercy plea.

The all white jury was selected on January 5, 1931, just 73 days after Mr. Ridley was appointed.

The entire trial lasted just two days and the defense called no witnesses. After deliberating for approximately four (4) hours, the jury convicted the defendant of all charges and recommended the death penalty.

On February 27, 1931, Alexander McClay-Williams, age 16, was sentenced to death. On June 8, 1931, 2000 volts of electricity were discharged into his body at Rockview Prison in Centre County, Pennsylvania. The boy’s body was apparently buried in a cemetery in Chester Township, but no grave marking has ever been found.

This case has haunted Dr. Lemon for decades as he thinks about, “a 16year old kid sitting in the electric chair with a hood over his head. I’m sure he was crying his eyes out, not understanding why he was there, how this all came to be”. According to Patti Mengers, a reporter for the Delaware County Daily Times, who has written extensively on this case, “at least one distant relative of Fred Robare agrees with Lemon’s theory. Teresa Smithers, a Robare relative and writer, began researching the Vida Robare case about 10 years ago. Last year she was put in touch with Lemon. Ms. Smithers stated that, “I think it is time we changed our family karma by finding out the truth of this murder and vindicating a wrongfully accused boy. I want to teach my children a heritage of courage, strong women and resilience, not alcoholism and domestic violence.”

Smithers noted to Reporter Mengers that she long felt Williams was innocent of Mrs. Robare’s murder and that Mrs. Robare was killed by her exhusband.

Susie Carter, age 86, the last survivor of Williams’ 12 siblings, has attended many of Dr. Lemon’s talks and hopes that she will see the truth come out during her lifetime. She told the Daily Times, “I’m sure he hadn’t done it”. “It’s been like that for years and even today they’re doing the same thing, saying the black man did it.”

In 2015, Dr. Lemon contacted William L. Baldwin, Executive Director of the Delaware County Bar Association to seek an attorney to assist him in a pursuit of justice. Robert C. Keller, Esquire, a board member of the Bar Association and a former Delaware County Prosecutor, was proudly called upon to meet with Dr. Lemon.

Mr. Keller reviewed all of the materials secured by Dr. Lemon and met with members of Williams’ family including Susie Carter. He also secured the trial transcript, a copy which was provided free of charge as ordered by the Delaware County Board of Judges.

The Pennsylvania Innocence Project at Temple University had also been contacted and T.C. Tanski, Esquire, appeared on its behalf at the seminar. Mr. Keller also spoke and fielded many questions and concerns from the audience.

Dr. Lemon, with a heavy heart and the weight of his great-grandfather on his shoulder, summed up his hope of the 85-year old case, “My goal is not to prove Fred did it – although looking at the evidence I think he did it, but the goal is to see Alexander is exonerated and that his conviction is vacated because he did not do it”. n

In response to the article: “No singing allowed”…

Judge enjoys role with luncheon crowd”, a reprint of an article which appeared in the Daily Times in 1975, and supplied by Tim Dignazio for the Summer, 2016, issue of the Delco re:View, Robert F. Kelly, Jr, Esq., adds: I was excited to see the reprint of Joseph Sullivan’s 1975 Daily Times article on Judge Diggins and the Colony Club. I had come across this article a few months ago while researching the sundry contents of a box lot, which I had been fortunate to obtain while attending the auction of the contents of the Towne House, back in January, 2016. The box was of interest to me, as it contained a number of pictures, and other items, related to the Bench and the Bar of Delaware County. It was apparent that the lot was formed from the varied contents of the Jamestowne room, as well as the display shelf in the hallway outside this room. My intent was to donate the contents of the box to the Bar Association. One of the most prominent items was a painted portrait of Judge Diggins. The artist’s signature read: “Staff Parker.” On the back was a humorous dedication to the Judge from Mr. Parker.

Through my research on the 1975 Daily Times article, I learned of the significance of this painting. I was in possession of the very portrait, referenced in the article, under which Judge Diggins would sit. It was from the reprint of this article, in the Delco re:View, that I was reminded of my promise to provide this, and the other items, to the Bar Association. Judge Diggins portrait has now found a second home, at the Delaware County Bar Association. n Fall 2016

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“Hey, is this Heaven?”

“No it’s…

Iowa Media”

I

f you spent time in Media after work on Tuesdays this summer you would hear classic American sounds; the sound only a bat can make when a ball crashes into it right on the sweet spot, the sound of a leather glove snapping around a softball in the outfield, the sounds of droves of fans cheering on their favorite team. Now Barrall field in Media may not be Iowa or Citizens Bank Park but it is the location of the Bar Association’s Lawyer League softball.

Over the course of three months teams from the County would meet after work on Tuesdays and Wednesdays at Barrall field or Camp Upland for the regular season. This year the league expanded to 6 teams with 2 brand new teams added to the schedule. As the regular season progressed the number 1 seed was no shock as the District Attorney’s office finished with the best record, The District Attorney’s team has made it to the

20 | Fall 2016

Championship series 3 years in a row winning back to back Championships the past two years, they were hoping for a three-peat. One of the new teams was determined to stop them dead in their tracks. Since the Delaware County Sheriff’s office formed a team in the offseason they had one mission, dethrone the DAs. Through the entire offseason there was playful bantering back and forth between the two teams.

As the season moved forward it was obvious these two teams would meet in the playoffs, as luck would have it for the fans of the league these two powerhouses met finally in the Championship with the DAs as the number 1 seed and the Sheriffs as the number 2 seed.

The Championship series would be held on two consecutive Tuesdays in August, in a best of three series. The DAs had already secured their spot by the time the first game came around, but for the Sheriffs to meet them in the Championship they had to win their final game on Tuesday August 2nd, clinch their spot and then immediately lace up again and play the DAs for the first game of the series. Now the DAs may have been a little rusty for having a long break between games, and the sheriffs a little more game ready heading into the 2nd game of their double header. In a game one upset the Sheriff’s beat the DAs team setting up an exciting Tuesday the following week. The DAs would have to win both games on Tuesday August 9th to secure their three-peat; the Sheriff’s just had to win one game to end the DAs

dynasty. The first game went the way of the DAs, they had clearly shaken off the rust from the previous week and were out for vengeance as they crushed the Sheriffs and won ten run rule in the 5th inning. Everything was lining up for the DAs as they had predicted, poised to come back from a one game deficit and enjoy the sweet taste of victory. As the third and final game started the DAs once again started out in front but this time the Sheriffs were not far behind, waiting to make their move. As the game progressed it looked like it would be a close game but for five innings the Sheriffs weren’t able to overcome the DAs lead, although they remained in striking distance. Then in the 6th inning the Sheriffs were able to put together seven runs taking their first lead since the Tuesday before. The DAs tried to answer in two consecutive innings but the defense was too good. As the night drew to a close the Sheriffs recorded the final out of the game with a long fly ball caught in the outfield that looked like it had a chance to make it out of the park.

It was reminiscent of the DAs chances of winning, close but not quite good enough.

The Bar Association softball league had a new champion for the first time in three years. The Sheriffs gathered at home plate to take the traditional team photo and hoist their Championship plaque. As the DAs and Sheriffs shook hands after the game it was obvious that this rivalry had just started, the first round went to the Sheriffs but only time will tell if the DAs will rebound next year, remember Frasier beat Ali in their first match against the two heavyweights we will see if next year brings a different result. n

DCBA GOLF

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ALAN ROSENBERG MEMORIAL GOLF LEAGUE - 11TH SEASON

Paxon will continue to have tee times for interested DCBAers Call & confirm (610) 325-4833 Please remember that Dan Malley, Paxon PGA Professional, can (still) set you up with a Handicap and membership in the GAP (Golf Association of Philadelphia) - GAP offers opportunities to play other area courses!

Birdie Brigade Reb Speare #1 & 4 Next Season Opener Thursday, 4/20/17!

Fairway’s Fabulous Finale

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ineteen of the fifty members of the DCBA golf league met for a cooler nine holes at the ever pastoral Paxon Hallow Golf Course and celebrated the “official” end of our lucky eleventh golf season. It appears that we can expect to see even more improvements to the Paxon course come next year.

Normal First-in/First-out foursome SOP was briefly suspended by Dick Marshall Law Mitchell who seized the first tee with Bob golfito ergo sum Firkser, Ron Fairways Freemas, and David judge this Lang. Running the second troop was Dan Gallo with Leo un-appalled Pall, Bill bird-man Pietrangelo and Rich FortyFore James. Honest John Hamilton tendered the third crew with Paul beach blanket Baksi conjoined by Bill Foley & Bob Wilson. Kris C’est Chic Hughey celebrated her birthday with Frank I-golf Daly, and were joined by Jeff I’m back Sobel and Reb striker Speare. Last, but never least 3, Mike good neighbor Fromhold snuck out Rob DeLong and Ron southpaw basher Bartash.

Closest-to-the Pin was on the traditional 2nd hole with a middle, left white flag.

Judging the myriad circumstances of pin placement, wind, altitude, barometric pressure, earth rotation, etcetera - David Lang gavel-ed his shot just about 10 feet of the flag, leaving a tricky, down-hill putt From-hold there. Another great decision Dave! Some allegations of an excited utterance may have detailed more, but this record will be silent. Reb no surprise here Speare posted the day’s low round of 37 that featured birdies on 1 & 4 and offset an impromptu arboreal sojourn left of the valley of despair on hole #6. Inspired by Reb’s play, feisty Frank Daly recorded a fine 40 (despite a triple on the 8th). Others in the 40’s - 41: Ron Freemas & Rob DeLong; 42: Dan Gallo, Dick Mitchell & Ron Bartash; 43: Mike Fromhold; 44 - Leo Pall, Dave Lang & (of course) Rich James; 46 - Bill Pietrangelo; 48 - Bob Firkser; Kris Hughey disco-ed in with a 49.

Have a great winter & see you April 20th, 2017, for season 12!

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Golf got its name because %#@* & similar expletives were already taken! Anonymous Fall 2016

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ARE YOU READY FOR SOME FOOTBALL?

FLY EAGLES FLY...

By Tracy E. Price, Editor

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have been told that ending the preseason undefeated is bad juju. A strong preseason performance in the N.F.L. does not predict a good season, and it could actually be a sign of a bad one. Look back at the preseason wonders that flopped when the games started to count. In 2013, the Redskins, who had won 10 games the previous season, fell to 3-13. The 2011 Rams won all four games in the preseason, and closed the season with winning just two regularseason games. And the most egregious case, the 2008 Lions who swept through the preseason, outscoring their four opponents by 80-32, only to fall apart in the regular season. Trying out Jon Kitna, Dan Orlovsky and Daunte Culpepper as starting quarterbacks, Detroit staggered to the league’s first 0-16 record.

In general, the prevailing wisdom about the preseason is correct, a great record is not a great sign for the future. Most agree that N.F.L. preseason games are meaningless, they serve to sort out the future backups from the soon-to-be-cut.

Coaches are reluctant to play their best players or show off their offensive and defensive schemes.

The end result looks like football,

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but without consequence or passion.

We are Eagles fans, we are passionate and loyal. We went undefeated this preseason against the Buccaneers, Steelers, Colts and the Jets with a new coach, and we at the very least, have a glimmer of hope that the new season will be a good one. After all, there have been some cases where a good preseason did herald a successful year. The Broncos parlayed a perfect preseason in 2005 into a 13-3 record, and the 2013 Seahawks won the Super Bowl after a 4-0 preseason.

Loyal yes, but Eagles fans can be tough, you must be accountable to play in Philly. No publicity about Philadelphia sports fans is complete without acknowledging our “unruly mob” reputation, name-checking incidents from the McNabb booing to the 1968 incident where fans booed Santa Claus, even pelted him with snowballs! But like Dick Vermeil said, “Once you reach a certain level, the relationship is lifelong and embarrassingly positive.”

The trade that stunned the league, but who could have resisted the opportunity?

The Eagles scrapped their plan for Carson Wentz to spend his rookie season waiting his turn behind veteran Sam Bradford when, eight days before the season, the

Minnesota Vikings were willing to part with first- and fourth-round draft picks to trade for Bradford to replace the injured Teddy Bridgewater. Doug Pederson, who has yet to lose a game as the Eagles coach, then named the rookie Wentz, Philadelphia’s starting quarterback for opening weekend against the Cleveland Browns. Wentz is the franchise’s first rookie quarterback of the modern era to start Week 1 and the first since Davey O’Brien did so in 1939.

9/11/16 at Lincoln Financial Field, Philadelphia. A tribute to first responders before the game.

Game 1: A “W” for the Eagles on 9/11/16 . . . Carson Wentz won the fans over with the first drive, a nine-play, 75 yard masterpiece that ended with a perfectly thrown 19 yard pass to Jordan Matthews. He later connected with Nelson Agholor on a 35 yard gem and finished his first day in the NFL 22-for-37 for 278 yards with no interceptions and a 29-10 victory. Wentz is a stand up guy . . . Number 11 stood tall in the pocket, made fearless throws, and audibled like a 12-year veteran, not a guy who completed only 12 passes in the preseason. True, he was good against a bad team, the Cleveland Browns, a team that was ranked 27th in defense last year and is expected to be even worse this year, but a win is a win.

Coach Pederson risked a media meltdown and a dismal debut for himself by naming a rookie as the Eagle’s starting quarterback for opening weekend, it has not been done in 77 years and not for a lack of viable options. In 1957, the Eagles

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selected quarterback Sonny Jurgensen with the No. 43 overall pick. Jurgensen started four games for Philadelphia during his rookie season, but he was mostly a spot starter with Bobby Thomason beginning the year as the team’s starting quarterback. After spending most of the first three years of his career on the bench, Jurgensen went on to produce a Hall of Fame career with the Eagles.

Starting rookie quarterbacks such as Donovan McNabb and Randall Cunningham too have led the Eagles to a number of successful seasons during the modern era while posting statistics that headline the team’s record books; neither started in week 1. The second round of the 1985 draft brought dual-threat quarterback Randall Cunningham, the No. 37 pick, out of the University of NevadaLas Vegas. Despite Cunningham’s rare talent, in week 1, the Eagles elected to start Jaworski, the incumbent veteran that led the team to a Super Bowl XV appearance.

Then there was Donovan McNabb, the game-breaking quarterback from Syracuse University that Philadelphia used the No. 2 overall pick to select. McNabb ultimately started six games during his rookie season, posting a team-high eight touchdown passes, but like so many of the past, he was not chosen to start the team’s Week 1 matchup against the Arizona Cardinals.

Coincidentally, Pederson, who signed with the Philadelphia Eagles in 1999 to

serve as a temporary starting QB until then-rookie Donovan McNabb was ready to start, was responsible for blocking McNabb’s first career start in the team’s opening game.

Now, 17 years later as the Eagle’s coach, Pederson named rookie Wentz as the starter in week 1 against the Browns. It took 77 years for another rookie quarterback to land a starting job for the Eagles by Week 1, but Wentz’s pedigree as a No. 2 overall pick, with the potential to carry Philadelphia to the playoffs as Nick Foles did in 2013, ultimately earned the North Dakota State product the opportunity.

Game 2: A “W” for the Eagles on 9/19/16 . . . Carson Wentz followed up an impressive NFL debut with another solid performance, throwing for 190 yards and a touchdown, and the Philadelphia Eagles beat the Chicago Bears 29-14! Wentz showed plenty of poise, just as he did in his debut against Cleveland. Playing in the city where he was drafted by the Eagles with the No. 2 overall pick, he completed 21 of 34 passes and played turnover-free ball in his second straight game despite absorbing several big hits.

Game 3: A masterful performance against the Steelers! Wentz was practically perfect, finishing with 301 yards on 23-of-31 passing with two touchdowns and no turnovers. His 73yard touchdown pass to running back Darren Sproles, was a magnificent display of advanced-level quarterbacking.

Editor’s Note: And now I must close, as the deadline for publication for the Fall issue of the Delco re:View is upon us.

May the good juju be with you . . .

Fly Eagles Fly! n

DO YOU KNOW . . . That the fight song of the Philadelphia Eagles was the creation of Charles Borrelli and Roger Courtland as credited in various editions of Eagles programs from 1960? A claim by former Eagles owner Jerry Wolman, that it was his daughter who penned the Eagles Victory Song has been proven to be untrue. The song was originally titled “The Eagles’ Victory Song”. The song was originally recorded in the early 1960s as an orchestral arrangement with three verses. It was later recorded with vocals by Brian K. Saunders & Bobby Mansure at Brian’s recording studio “SaxTrax” in 1997 in the key of G-flat.

This particular version was played at Super Bowl XXXIX, but it was felt by the Eagles Pep Band that a newer version, in a better key for singing, was needed. The guys also coined the phrase “Fly, Eagles Fly” and added that as the song title. The song was then re-recorded in 2004 in the key of C by the Eagles Pep Band, and this is the version that has been used since.

FOODIES: Have you heard? The Chicken and Waffle Fry Stak (yes, that is the way it is spelled), available only at Lincoln Financial Field, Philadelphia, PA, has been included in the 12 Most Over-The-Top New Foods at Football Stadiums. While this riff on the saltysweet brunch favorite may not contain actual waffles, you will not miss them.

These crosscut, a.k.a. waffle fries, come with breaded popcorn chicken, smoked Gouda-infused gravy, maple-glazed bacon and green onions. n

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Family Law

Making a Difference in Tomorrow...

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he Family Law Section of the Delaware County Bar Association sponsored “Show Your Stripes,” a BBQ dinner and live and silent auctions, to benefit Operation First Response, Inc., serving first responders and their families.

Thank you for all who attended “Show Your Stripes” and for donations to the cause, the Family Law Section event raised in excess of $6,000!

(Pictured L to R): Marty Milligan, Destination Delco and Walk for the Wounded Committee; Jean Moskow, Esq., President, Family Law Section, 2016; Marine Cpl. Matt Sondermann, Havertown; Nick Constantino, Sr. Advisor Operation First Response and Walk for the Wounded Committee.

Operation First Response …The Cause

Operation First Response is a family made up of Americans who are dedicated to serving our wounded military and their families. We are a family made up of mothers, fathers, wives, husbands, brothers, sisters, and friends. We are a family of Veterans of the far too many conflicts and wars. We are a family of ordinary people from across the nation. We believe it is our duty and our responsibility to give back to those who have sacrificed so much to keep us free.

Operation First Response is a direct service charity. As such, we give back over 95% of the money we raise directly to those military families who need our assistance. Over the last two years, we have been able to give back 97% of the funds we raised. Since our inception in 2004, Operation First Response has raised over $7.5 Million Dollars and served over 14,500 wounded Heroes and their families.

The ongoing revelations regarding the Veterans Administration, highlight the failure of the system. A new VA claim has an average wait time of six months to a year. If disputed, a claim can take up to four years before a Veteran can

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receive the benefits rightfully due to him/her. This reality makes it even more important for organizations like Operation First Response to continue our efforts to help our Nation’s wounded and seriously ill Service Members.

We have all seen television commercials that have shown the challenges our wounded heroes face. We see the catastrophic wounds and burns. What we do not see are the struggles faced by those with traumatic brain injuries and PTSD. These invisible injuries, if left untreated, can take a devastating toll on our Veterans and their families. You see this with the rise in the suicide rate among our Veterans. In many cases, these suicides can be directly attributed to a Veteran’s inability to care for his/her family.

Our Military Family Assistance Program was developed with the main purpose of alleviating the financial difficulties facing a wounded Hero’s family. We serve all branches of the military. We provide personal and financial services from the onset of the injury or illness, throughout the recovery period, and along the journey from military life to the civilian world.

Our services include airline flights, lodging, and car transportation to/from airport and hospital. We also provide financial support for the basics like groceries, clothing, mortgage, rent, utilities, and vehicle payments. The things that we take for granted are not so easy for our wounded Veterans and their families.

Without the worry of having the electricity or gas shut off, or whether there is enough money to buy food for the children, our wounded Veterans can concentrate on their recovery with a brighter hope for the future.

The challenge for any charity is raising funds so it can fully provide the services it offers. For OFR, the worst nightmare is getting a call from a family in need and not having the resources to help. Sometimes a warm and understanding voice just is not enough. At those times, we will work with other organizations to fill the void.

OFR uses a variety of methods to raise funds and bring awareness of how we serve our wounded Heroes and their families. There are dozens of these events, held in many states.

They include wine tastings, golf tournaments, raffles, and more.

Two of our biggest fund raisers are Walk for the Wounded events held in Media, PA, and Ocean City, NJ. Unfortunately, the number of brave men and women who need our help grows every year. And every year, we fall short of having the funds to serve those families in need of our assistance. To us, this is heartbreaking. Therefore, we need your help to decrease the amount of Disabled Veterans that are going through financial hardships in the United States of America.

Donate Today at www.operationfirstresponse.org to Make a Difference in Their Tomorrow. n

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DELAWARE COUNTY BAR ASSOCIATION YOUNG LAWYERS’ SECTION

RUN FOR THE HOUSE

By Michael H. Hill, YLS President

Pictured (L to R): Jean Moskow, Esq., 2016 President, Family Law Section; Honorable David N. Wecht, Associate Justice of the Pennsylvania Supreme Court; Lyn B. Schoenfeld, Esq.; Susan J. Cherner, Esq.; and Mary V. Z. Wachterhauser, Esq. The Honorable David N. Wecht, Associate Justice of the Pennsylvania Supreme Court, delivered the Annual Family Law Lecture before 85 members of our legal community on Thursday, September 15, 2016. Justice Wecht, who served on the family law bench in Allegheny County before being elected to the Superior Court, spoke on several topics in the area of child custody. He focused on third-party custody, relocation and the concept of preference (or non-preference) for 50/50 custody arrangements. Justice Wecht, who took his undergraduate and law school degrees from Yale, resides in Fox Chapel, a suburb of Pittsburgh, with his wife and four teenaged children. Justice Wecht was honored at a luncheon with eleven members of the bench and the organizers of the lecture.

He expressed his thanks for our welcome; and although he has known Judge Kenney and Judge Dozor for many years, this was his first visit to Media.

By Lyn B. Schoenfeld, Esq.

Sweeney & Neary, LLP is proud to announce the election of Colleen M. Neary, Esquire, to the position of Secretary on the Board of the American Academy of Matrimonial Lawyers. The “AAML” is a prestigious group of highly regarded domestic relations attorneys with the purpose of providing “leadership that promotes the highest degree of professionalism and excellence in the practice of family law. The Academy Fellows are highly skilled negotiators and litigators who represent individuals in all facets of family law.” Ms. Neary is only one of two members of the Delaware County Bar Association that is a Fellow in the American Academy of Matrimonial Lawyers.

Sweeney & Neary, LLP 200 North Jackson Street, Media, PA 19063 www.sweeneynearylaw.com n

The Ronald McDonald House supports families of seriously ill children by creating a community of comfort and hope. The Ronald McDonald House of Philadelphia was the first of its kind, and now serves as the model for over 350 Houses in 42 countries. Ninety percent of their funding comes from individuals and corporate donors, and the remaining ten percent is provided

by Ronald McDonald House Charities. This is where the 5k comes in. Each year since its formation, YLS has donated one hundred percent of the proceeds from the runs to the Adopt A Room program at the Ronald McDonald house on Chestnut Street. To date, the 5 year total exceeds $26,000. The Adopt-A-Room partnership program allows individuals, companies, or organizations to be the room sponsor of one of the 65 guest rooms at one of their two locations.

Funding will sponsor all the families who sleep in that room throughout the year. This year the Ronald McDonald House located on Chestnut Street, the first of its kind, announced plans to expand the facility. This expansion will help serve more families in need, and hopefully, reduce the amount of requests they have to turn down due to lack of room.

It was six years ago that a small group of individuals got together to make a difference, and they did. This year’s 5k was a joint venture with the Ronald McDonald House, the first of its kind. We wanted to make a difference by taking this small group of runners, who took the first step in building this race, and change them into the largest group to have run the race, breaking down records, raising money, and helping those less fortunate.

On October 1, 2016, again in Ridley Creek State Park, we took this family oriented run/walk to another level. Raising in excess of $15,000, we were able to not only adopt a room again, but make a significant contribution to help the Ronald McDonald House in Philadelphia expand their ability to help families in need. Thank you to all who contributed to the success of the 5K 2016. n

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Wine & Dine The Extinct I Ancient Grape and its Exuberant Comeback

recently traveled to Chile in search of the elusive Carmenere grape. From Santiago, Chile, one can travel in almost any direction and wind up in wine country. We visited several regions; from the Casablanca Valley to the west, that runs out to the Pacific, to the Colchagua Valley 100 miles South of Santiago, which runs from the Andes mountains to the Pacific and boasts of such wineries as Lapostolle, Montes, and Santa Rita, then to the Maipo Valley to the north, which is home to well-known wineries such as Concha y Toro.

Most people have heard of Malbec (a wine produced in Chile and, to a greater extent, in Argentina). Carmenere, however, is one of Chile’s most important grapes. Carmenere tastes similar to Merlot, but with a fuller, spicier taste.

The Carmenere grape first gained notoriety in Spain and quickly became popular in ancient Rome. It is one of the older and original European grape varietals used to produce Bordeaux wine. It is a member of the Cabernet family of grapes (ie.

Cabernet Sauvignon & Cabernet Franc).

Carmenere vines were all but wiped out in Europe in the Phylloxera plague of 1867, therefore Carmenere is rare in France today. For many years, the grape was thought to be extinct, however it was discovered to be thriving in Chile. What happened was that cuttings of Carmenere, thought to be Merlot, were shipped during the 19th century from Bordeaux to Chile.

It was not until 1994 that a researcher found that this so called “Merlot” was actually Carmenere! Today, Chile is the largest producer of Carmenere. The vines have a distinctive maroon color. So…from ancient Rome to your local wine shop.

Although you may not have the view of the majestic snow-capped Andes mountains or the seemingly infinite miles of grapevines; you can enjoy the fruit of Chile’s labors, the Carmenere fruit that is.

A great example of a tasty Carmenere available locally at your favorite PLCB store is Lapostolle Cuvee Alexandre, 2012 (#121214), priced at $21.99. However, have some fun and try a few others, there are many in the $10.00 range. Enjoy!

Submitted by “Someone in the Know”

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Electoral College

By Lyn B. Schoenfeld, Esq.

T

he Electoral College is a process, not a place. Our system of presidential election, despite the emphasis that candidates place on “vote for me” does not provide for the popular vote to determine who is elected President and Vice President.

The Electoral College is our constitutional system for electing President and Vice President. The parties choose a slate of electors, whose names normally appear on the popular vote ballot that we as citizens cast on Election Day. Voters vote for “electors” who are usually pledged to a particular candidate. Electors are chosen state by state as per the laws of each individual state, and in almost all states, it is a “winner take all” system.

There are currently 538 electors [each state gets one for each senator (100), one for each U.S. Representative (currently 435), under the 2010 census, and 3 for the District of Columbia]. Of the total 538, an absolute majority of 270 is needed to win the Presidency.

On the first Wednesday in December following the presidential election, the electors meet in their State capitals to cast their “certificates of vote” for Vice President and President.

If there is a tie in the Electoral College, the election, under the terms of the 12th Amendment to the Constitution, is referred to the House of Representatives. Each state’s delegation gets one vote. However, if the 2016 election were to be referred to the House of Representatives, the 2016 elections would control apportionment of delegations.

Those who support the retention of the Electoral College system cite the fact that this system prevents an urban-centered winner and protects the Federalist character of our Union. Our voting system was, in the opinion of most of our Founding Fathers, never intended to reflect the national popular vote. The Electoral College is also designed to support the cohesiveness of the country by requiring a wide distribution of popular support in order to be elected President.

Those who object to the Electoral College system cite the fear of suppressing voter turnout because the so-called “swing-states” received a disproportionate amount of attention, resources (field offices, state visits and advertising) and power. The Electoral College system also opens the possibility of electing a minority President, such as occurred in 1824.

In that election, no candidate received a majority of the Electoral College votes and Andrew Jackson, William Crawford and John Quincy Adams were the candidates considered by the House of Representatives.

John Quincy Adams was elected after Henry Clay directed his support to Quincy Adams in the House of Representatives. In that election, John Quincy Adams, who had won neither the popular vote nor the original Electoral College vote, became President.

Changing the Electoral system would require an amendment to the Constitution, a process which requires the support of 2/3 of both Houses of Congress and the support of ¾ of the legislatures of the states. Our Constitution has been amended 27 times since September 17, 1778. n

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When Disaster Strikes, One Call Can Make the Difference

By Ira L. Straff

Your client is on the phone… There’s been a devastating fire, and they don’t know what to do. Or maybe it’s damage from a structural collapse, a storm, ice and snow, a burst water pipe, or some other cause. Whatever the disaster, they’re turning to you for advice.

Under the weight of snow and ice, roofs can collapse, gutters can pull free, and trees can break and fall, damaging the roof, walls, ceilings, floors, and furniture. Less visible, ice dams can cause water to seep through roofing material and damage a building’s interior.

The first thing they have to know is that every second counts: they need an expert at the site immediately! Damage needs to be assessed and documented properly.

A lightning strike can cause a fire, leading to smoke and water damage and additional related losses. Lightning can also travel through the electrical system and fixtures, causing extensive damage to electronics, appliances and the property’s physical structure.

Public adjusters are coverage experts who work for you and your client—not for the insurance company. As part of your team, they can offer guidance and assistance in assessing damages and preparing insurance claim forms and support documentation.

Advice from a public adjuster can ensure that correct decisions are being made, which can help to maximize your client’s recovery.

Here are some important issues that a public adjuster can resolve: When fire and smoke or other disasters strike, insurance company adjusters are trained to keep settlements to a minimum. As a result, the actual cost to repair the damaged property can be higher than the insurance company’s estimate, often by thousands of dollars.

Several types of storm damage are limited or excluded from many insurance policies.

An investigation of the cause and a thorough analysis of your coverage can make a big difference in the recovery.

The source of water damage is just as important as the extent of the damage.

Many policies exclude some types of water damage: burst, frozen or blocked pipes; faulty appliances; sewage; even rainwater might not be covered. Public adjusters can decipher the fine print.

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Conshohocken lawyer Adam Zucker points out: “A competent public adjuster versed in insurance and construction is invaluable. Knowing where to look for hidden damage can make all the difference in dealing with a client’s property damage claim.”

Observes Robert A. Bacine, a Jenkintown attorney: “A competent public adjuster protects the insured’s interests, moving to quickly and thoroughly assess damages, losses and legal rights outlined by the policy, thus efficiently bringing a case to settlement.”

Most people don’t realize how difficult and time-consuming the claims process can be, especially if you’re not there on the front line yourself. It’s always better to be proactive and preemptive—by immediately retaining a reputable, knowledgeable public adjuster.

Your clients will thank you for it.

Ira L. Straff is principal partner of IAB, the Insurance Adjustment Bureau, Inc., public adjusters located in Bala Cynwyd and in business since 1964. n

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50+ Attendees at the DCBA! September. DCBA CLE Seminar: “When Blood Is Warranted – Birchfield’s Impact on Pennsylvania DUI Law”

“You’re Probably Doing It Wrong!

What Every Lawyer Needs to Know About WageHour Laws”

Worth: 2 Substantive and 0 Ethics CLE Credits. Speakers: Marc A. Werlinsky, Esq., Charles G. Nistico, Esq., and Timothy P. Wile, Esq.

September. Delaware County Bar Association Labor and Employment Law Committee CLE Seminar worth 1.0 Substantive CLE Credit Hour.

Topics addressed:

Much-publicized changes to wage-hour laws will go into effect on December 1, 2016. At the same time, the Department of Labor has announced stepped-up enforcement efforts. This course covered the basics of properly categorizing your employees as hourly or salaried, how to calculate overtime for those who are entitled to receive it, and when it’s appropriate to call someone an independent contractor. Presenters used examples based on law office staffing issues, but provided broadly useful information for your practice and your clients, as well as printed reference materials.

• How the recent United States Supreme Court opinion in Birchfield v. North Dakota, addressing the issue of whether motorists arrested for DUI can be convicted or otherwise penalized for refusing to take a warrantless blood test, impacts Pennsylvania’s criminal DUI and civil refusal laws.

• New considerations for defense counsel to take into account and other important aspects of Birchfield so as to enable a practitioner to be a more effective litigator of DUI and civil refusal trials.

Highlights: • How Birchfield affects Pennsylvania’s DUI law

Thank you to sponsor Troy Gilchrist, of the Gilchrist Insurance Group.

• When a blood test refusal is not a refusal • Practical implications on motion and trial practice

Pictured (L to R Back): Nancy C. DeMis, Esq.; Stephanie H. Klein, Esq.; Katherine Meehan, Esq.; Hon. Deborah A. Krull; Aileen Campbell, Esq. (Front L to R) James Flick, Esq.; and Scott Pollins, Esq. n

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Events

THE FAMILY LAW SECTION ANNUAL DINNER

DCBA

Join us for the presentation of The Eric D. Turner Award and The Family Law Section Award

REAL ESTATE PRACTICES COMMITTEE 2016 SEMINARS

The Eric D. Turner Award was created in the millennium year 2000, to honor the memory of a lawyer who was dedicated to improving the practice, elevating the standards, and advancing the cause of matrimonial law. The award has since been presented annually to a lawyer “whose dedication, professionalism and integrity most closely exemplifies that of Eric D. Turner.”

Events

The Real Estate Practices Committee will be conducting breakfast seminars in 2016 at the Delaware County Bar Association building located at 335 West Front Street, Media, PA 19063.

November 18, 2016 (Friday) Seminar (1 CLE Substantive) Annual Survey of General Real Estate Law Speaker: Louis M. Kodumal, Esquire December 16, 2016 (Friday) Seminar (1 CLE Substantive) Annual Survey of Land Use and Zoning Law Speaker: Vincent B. Mancini, Esquire A $15.00 charge will be assessed for breakfast at the Delaware County Bar Association building. This will be catered by Mrs. Marty’s Deli and will be served between 8:15 a.m. to 8:45 a.m. Seminars will commence promptly at 9:00 a.m. A $15.00 charge will be assessed for all persons attending the breakfast seminars whether or not breakfast is ordered and whether or not CLE credits are requested. Delco Bar Members will be charged $35.00 for the initial CLE credit and $30.00 for each additional credit, if any. Non-members will be charged $40.00 for the first CLE credit and $35.00 for each additional credit, if any. All fees may be paid at the door.

You must contact Vincent B. Mancini, Esquire, Chairman at (610) 566-8064 or email his legal assistant, Debbie, at dscally@ vmancinilaw.com to establish an accurate count for breakfast and seminar seating.

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Thursday, November 10, 2016 5:30 p.m. Cocktails; 6:00 p.m. Dinner Teca, Newtown Square, PA $55.00 per Person

THE ALTERNATIVE DISPUTE RESOLUTION COMMITTEE CLE SEMINAR

Wednesday, December 7, 2016 1:00 p.m. until 4:00 p.m. at the Delaware County Bar Association Worth 2.0 Substantive Law CLE Credit Hours Your Chance To Obtain CLE Credits Before The December 31st Compliance Period Ends.

BACK BY POPULAR DEMAND….

THE SEVENTEETH ANNUAL CONTEMPORARY SETTLEMENT EVALUATION: “What Is Your Case Worth When Analyzed and Compared Over The Last Several Years?”

Is the Climate Changing for Plaintiffs in Delaware County?

Don’t miss this exciting annual seminar addressing contemporary settlement evaluation for selected cases, as analyzed by an outstanding panel of Judges, as well as experienced Counsel for the Plaintiff and the Defense. Find out what they think as they discuss and evaluate real cases in today’s market.

Discover their approach and actual settlement recommendations.

Andrew J. D’Amico, Chair, Alternative Dispute Resolution Committee

www.DelcoBar.org

Fall Into Delco

Fall photo by the Honorable Barry C. Dozor Linvilla Orchards www.linvilla.com/

Register at www.delcobar.org for future Round Table Coffee Hour/CLE with President Judge Kenney & The Delaware County Bar Association’s Elder Law Committee December 14, 2016 CLE Roundtable – Coffee Hour with Judge Kenney Topic: Elder Abuse Task Force Update Presenter: President Judge Chad F. Kenney and other invited guests, facilitated by Beth Stefanide, Esquire.

Time: 7:45 – 8:00 Registration; 8:00 – 9:00 Seminar Cost: $5 to $35

(See registration form on-line or in your Legal Journal for details)

John Heinz National Wildlife Refuge at Tinicum www.fws.gov/refuge/john_heinz/ Newlin Grist Mill www.newlingristmill.org/ Tyler Arboretum www.tylerarboretum.org/ Colonial Plantation www.colonialplantation.org/ Media Business Authority www.visitmediapa.com/calendar American Helicopter Museum and Education Center www.americanhelicopter.museum/ Fall Wine Events at Penns Wood Winery www.pennswoodsevents.com/ Bates Motel, Haunted Hayride and the Haunted Corn Maze www.thebatesmotel.com/ Hedgerow Theatre http://hedgerowtheatre.org/ Media Theatre http://mediatheatre.com/

Business Solutions That Work for Attorneys and Clients!

Payroll Services

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Federally insured by NCUA Equal Opportunity Lender

fmfcu.org/business

610-359-3899 businessser vices@fmfcu.org Fall 2016

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