Delco re:View 2014 Fall

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FALL 2014 THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION

Steeped in History Looking Toward the Future

"W hat makes greatness is starting something that lives after you"

The Slave Docket A Report on the Contents Thereof

Coordinating Care and Your Rights

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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 2014

Delaware County Bar Association Board of Directors PRESIDENT Jonathan Peri, Esquire PRESIDENT-ELECT Kristen M. Rushing, Esquire VICE PRESIDENT Scott C. Gottel, Esquire TREASURER Robert R. DeLong, Jr., Esquire RECORDING SECRETARY Vincent B. Mancini, Esquire CORRESPONDING SECRETARY Craig B. Huffman, Esquire PAST PRESIDENTS Lyn B. Schoenfeld, Esquire Joseph T. Mattson, Esquire YOUNG LAWYERS SECTION PRESIDENT Patrick T. Daley, Esquire DIRECTORS Patricia H. Donnelly, Esquire Karen E. Friel, Esquire Michael R. Galantino, Esquire Patrick T. Henigan, Esquire Eugene F. Jarrell, III, Esquire Robert F. Kelly, Jr., Esquire Steven R. Koense, Esquire Joseph A. Malley, III, Esquire Kathleen A. Piperno, Esquire Matthew M. Ryan, Esquire Douglas L. Smith, Esquire Gina Gorbey Zarko, Esquire

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President's Message

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Coordinating Care and Your Rights

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Celebrating Mary V. Z. Wachterhause, Esq.

President, Domestic Abuse Project

11 Bear Marketing is the New Guerilla Marketing 12 The Slave Docket 14 Memorial - O. Warren Higgins 16 The 42nd Annual Bench Bar Conference 18 Omni Hotels & Resorts

DCBA Staff William L. Baldwin, Esquire Executive Director Tracy Price Marketing Director & 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

B Y

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19 Poem: Honest Abe Lied (Is That Why He Died?)

22 From Life in the Fast Lane to the

Serenity of the Country Side

24 A Hard Fought Battle 26 The Kitchen Debate 28 Oppose Sales Tax On Legal Services EDITORIAL SUBMISSIONS 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

President's Message Jonathan Peri, President

A

s President of the Delaware County Bar Association, I am happy to introduce the Delco re:View, an Association periodical that will be published and distributed quarterly.

We have been working to create a magazine interesting and informative for our Association members and our greater community. In addition to mailing to our 1,200 members, this magazine will be mailed to the offices of nearly 1,500 doctors, dentists, allied health professionals, and beauty salons throughout the Delaware County area.

Additionally, it will be shared with 1,000 business and community leaders. The hope is that it leads to enhanced business and community collaboration. Each issue will also be posted on-line. Overall, Delco re:View will reach over 20,000 Delaware County residents.

For members, Delco re:View aims to provide timely articles pertaining to current issues facing the practice of law, historic legal issues that have shaped and/or impacted our communities, continuing legal education opportunities, Association activities, programs, meetings and functions, and practice tips. For our general public readers, we hope you will gain more about the many ways our Association members, your friends and neighbors, contribute to the welfare of our community. We believe this new format, featuring relevant and timely topics combined with local perspectives and impact, will lead to greater engagement and build stronger ties with the community.

Should you have an interest in contributing editorial material or advertising in a future issue of the Delco re:View contact Tracy Price, Marketing Director, at (610) 5666625, extension 225.

The Board of Directors and I hope you will enjoy our quarterly publication, and find it as one additional way that we enhance value for our membership, and grow fellowship with the community.

The Delaware County Bar Association exists to serve its members and the community at large by fostering respect for the law, by advancing the competent, collegial, and ethical practice of the legal profession, and by creating opportunities for attorneys, judges, and the public to work collaboratively for justice.

Fall 2014

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FEATURE

Coordinating Care and Your Rights

By Linda Dougherty—Anderson Elder Law

THE GOLDEN TIMES—MARCH, 2014

I

n life we spend much time planning for bill paying, education, careers, children and retirement but we often put off planning for personal long term care. Obtaining and maintaining the care we need can be a complicated process, however, it is something that we will benefit from especially with some professional assistance. When planning for that care there is much to consider including the location and level of care we need along with the resources required to pay for what we want and need. Having the maximum resources in place and knowing what we have and what we have a right to, certainly comes into play here. Many people have private funds available either in pensions, cash savings and investments or in real estate, but we also need to remember other resource streams such as Social Security, Medicare, and Veterans’ benefits. Thorough long term care planning can be accomplished with the guidance of a certified Elder Law Attorney.

Elder Law Attorneys offer many services that can help people develop their personal plan. For example, some firms offer Life Care Planning, Estate Planning and Care Coordination. Life Care Planning stresses these goals: 1) Promoting a client’s health, safety and well-being, 2) Addressing asset management issues to qualify for public benefits, 3) Facilitating good decision making for clients relating to their health care and long term care needs, and 4) Protecting assets for the client, spouse, and family in case the client needs long term care.

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FEATURE

Care Coordination is also a part of this process. Care coordination includes an initial assessment to document a client’s status on the continuum of care along with follow up assessments to determine if additional changes are needed. A Care Coordinator can also provide guidance to family members regarding advocacy issues that may be needed. Care coordination is integral to developing and implementing someone’s Life Care Plan. Law firms, however, are not health care providers so if care management services go beyond the Life Care Planning scope, a private geriatric care manager might be appropriate. Care coordinators work with you in the development and implementation of your plan and work under the supervision of an elder law attorney.

In addition to planning for care, there are other things to consider such

as who will be involved in any decision making process, who will be designated power of attorney. Once your information is in order, it is important that loved ones know your wishes for your long term care plan, where the documents are located, and how to get to them in an emergency.

You also need to know your rights.

If someone is making a decision for you, you have the right to disagree and to make your case. You have a right to evaluations by doctors you choose for both mental and physical issues. Once in a facility, you have rights regarding how you and your possessions are treated. Read your contract, or better yet, have an attorney review it with you. Contracts point out your mutual rights and obligations but many times are written in such a legal way that they are often difficult to understand. In most circumstances, we are given these

documents when we are distracted by the complex and ongoing emotionally charged process of transitioning to a care facility or in a health crisis.

Throughout my career, I have witnessed the benefits of good planning and the unfortunate results of little or no planning. It is extremely important to take control of our future or the future of our loved ones while we can. Now is the time to learn your rights and to make a plan for future care.

Linda Dougherty is currently employed as a Care Coordinator by Anderson Elder Law, has worked as a Marketing Director for an Assisted Living Facility and as a Long Term Care Ombudsman. Linda holds a Master’s Degree in Gerontology from St. Joseph’s University.

Fall 2014

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FEATURE

Celebrating

Mary V.Z. Wachterhauser, Esquire

President, Domestic Abuse Project

By Peg Dierkers, Executive Director Pennsylvania Coalition Against Domestic Violence (PCADV) JUNE, 2014. ANNUAL MEETING OF THE DOMESTIC ABUSE PROJECT OF DELAWARE COUNTY (DAP).

I

t is my pleasure to be here once again at the Annual Meeting of the Domestic Abuse Project of Delaware County (DAP). I spoke with you a couple of years ago about the importance of being the first follower to leaders, and we danced. Tonight thank you also for the opportunity to share my thoughts on the importance of Board governance and leadership.

At a training in Washington, DC recently, I was told that advocates should bring three issues and three asks to every meeting. So tonight, my first issue and ask is that you all continue to celebrate our success. As a movement, your advocacy helped to pass the first legally mandated federal rights for LGBT persons in the Violence Against Women Act of 2013.

Doing so has caused a ripple of inspiration to so many civil rights advocates. Celebrate!

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There is much to celebrate at DAP as well in terms of big accomplishments this year, especially ending the year with an organization that is poised to help so many more in your community. It is also important to celebrate each and every other success. Celebration is part of what we know will help us overcome the vicarious trauma of our very hard work. The celebration itself is healing.

The second issue and ask is that all of you continue to lead in your own way. What we know is that domestic violence can be prevented if each of us in our own places of work, play and worship, take the responsibility to lead and say NO More to objectifying others, treating certain groups of people as less, responding to conflict with violence. We can end domestic violence if each of us does something, as a volunteer, as a donor, as a board member.

My third issue and ask is my prime reason for being here tonight. I’d like to take a few moments to pay a very special tribute to Board President Mary Wachterhauser.

I feel fortunate to work with DAP and Mary and I come here tonight to recognize her exceptional service and to thank her for all her efforts.

In my role as the Executive Director of PCADV and its 60 local domestic violence programs—each of which is governed by a voluntary Board of Directors—I have had the opportunity to work with a very wide array of Boards, Board Presidents and other leaders.

DAP’s President—Mary Wacherhauser—is among the most accomplished and exceptional leaders with whom I have had the pleasure of observing and working.

So, what does a distinguished, exceptional Board President look like?

As legendary business journalist Marshall Loeb used to quote American scholar and author Warren G. Bennis: “Effective Board Presidents know the difference between

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leading and managing. Leaders are people who do the right thing; managers are people who do things right. And, leaders know the difference.”

Effective leaders show courage and are decisive during difficult times. They are candid and direct and know the importance of not being spread too thin. Effective nonprofit leaders encourage shared values among the Board, staff and volunteers and understand that their role is not a solo performance, but requires them to constantly strive to connect with as many as possible to achieve a team approach and result.

I can tell you with great passion from my own selfish viewpoint, there is nothing more important to the success of an Executive Director’s leadership of an organization as the relationship with the President of the Board.

As Harvard psychology professor Ellen Langer wrote about being a mindful leader and keen observer: “Mindful leaders possess curiosity and openness to new ideas. They spot trends, anticipate change and are good listeners. They possess emotional intelligence.”

And, in most instances, quoting Marshall Loeb again: “Leaders are made, not born. They are the product of a whole range of real-world experiences, concrete skill sets and wellhoned personal and professional integrity.”

Much of the work conducted by a Board President is not visible or seen by many. The commitment is oftentimes onerous, never timed with other pressing personal and professional demands. And, no one applauds on a regular basis.

She was also responsible for the completion of the second Board Assessment Survey – another activity new under her leadership.

I understand that Mary personally raised key sponsorship dollars for DAP’s 35th Anniversary from multiple corporate sources while continuing to personally give very generously to the Agency – consistent with all of her prior years of service.

President Wachterhauser represented the Board and the Agency at numerous external events such as Victims Services Week and the WOMENS’ WAY annual dinner.

She chaired key on-site monitorings such as DAP’s complex review and evaluation with The Philadelphia Foundation, and faithfully attended the Annual Pennsylvania Bar Institute’s Non Profit Institute, as in years’ past, which showcases best practices, changes in the law and new best practices ideas for nonprofit governance.

Despite a demanding schedule, I am also told that Mary religiously attends staff gatherings too numerous to mention, Continued on next page

A Lawyer to Lawyer Consulting Service

So, what does one year of service as Board President look like?

Well, that has to vary depending upon the individual.

Some Board Presidents are retired. Some have raised their families and not yet welcomed grandchildren. Some have very few professional or voluntary demands on their time. Some are survivors or founders of the agency. Others bring some specialized skill or expertise to the mission.

I can tell you that such a description is not an accurate profile of DAP’s Board President Mary Wachterhauser.

Literally, hundreds of hours of work are asked of committed Board Presidents, resulting in countless defined, specific, deliverables and organizational outcomes.

During the past year, I understand that Mary attended or chaired a half dozen Executive Committee and Board of Directors’ meetings—each of which required advanced planning and work with the Executive Director.

Additionally, her presence was required at numerous meetings with governmental and elected officials in Delaware County on funding and other advocacy issues.

Mary led the planning and execution effort for the Agency’s third Annual Board Retreat – a strategic planning initiative begun under her leadership.

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Fall 2014

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FEATURE

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Celebrating Mary V.Z. Wachterhauser, Esquire... Continued from page 9 as well as key marketing events throughout the year at Nana’s Attic, including Customer Appreciation Day and Prom Sunday.

So, what does a distinguished, exceptional Board President look like?

There were TELECONFERENCES TOO NUMEROUS TO MENTION…

And, what does one year of Board service look like?

EMAILS TOO PLENTIFUL TO COUNT…AND IMPROMPTU MEETINGS ON MATTERS TOO SENSITIVE TO NOTE…

Both of these questions can best be answered after a careful review and reflection upon the past year at DAP under Mary’s leadership.

For all of these reasons, it is my pleasure to recognize DAP’s Board President Mary Wachterhauser for her distinguished service and leadership in the past year.

President Wachterhauser can be credited with completing literally hundreds of hours of work in the past year. Due to her leadership, significant gains were made in the Agency’s image and regard in the community and among DAP’s diverse funding entities.

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FEATURE

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Bear Marketing

is the New Guerilla Marketing How the Berenstain Bears® Teach Financial Literacy and Help an Organization Grow

I

magine having the opportunity to align your product with an established successful brand to the extent you acquired ownership of that brand. That’s not what the Delco Bar Association’s affinity group Franklin Mint Federal Credit Union intended to do when it sought usage rights of The Berenstain Bears®, but that is eventually what happened. The marriage is nothing short of a marketing dream come true as well as an entrepreneurial venture.

Having used The Berenstain Bears’ Trouble With Money as the entrée in its financial education program for young children, Franklin Mint Federal Credit Union CEO John D. Unangst thought it would be more advantageous to the industry if the book referenced a credit union instead of a bank. With the help of Rick Durante, Vice President of Learning and Development, Unangst sought permission from Berenstain Enterprises to print a special edition of the classic book.

Their quest led to a long-term exclusivity agreement to use the bears for financial literacy. Since the signing of that agreement Unangst commissioned Mike Berenstain to write The Berenstain Bears Visit the Credit Union (CUNFL 2015), the second in the Credit Union Financial Literacy Series. Unangst also commissioned the construction of Bear Country Credit Union.

The former is only available for wholesale to other credit unions. The latter is a financial literacy center that creates a hands-on, interactive experience for young children to learn about money.

Developed with Metcalfe Architecture & Design, creators of Philadelphia’s celebrated Please Touch Museum, Bear Country Credit Union simulates a credit union branch that might be found in The Berenstain Bears’ Bear Country.

Delco’s Best Kept Secret

The exhibit is nestled into the first floor of FMFCU’s Broomall headquarters. Children up to age nine are invited to tour Bear Country Credit Union, most often as part of a school field trip. Save, Share, Spend, Earn, the money management concept taught in the Berenstain Bears credit unionspecific books, is reinforced through hands-on activities. Children are able to take on the role of bear tellers, member service representatives, and branch manager, creating a truly unique and impactful financial literacy experience.

Confusing but Legal!

Though FMFCU gave birth to The Berenstain Bears® Financial Literacy Program, Credit Union Network for Financial Literacy (CUNFL) is now the parent, or umbrella, organization responsible for compilation, execution, and promotion of the program. It is also the publisher of the aforementioned The Berenstain Bears Visit the Credit Union. By establishing CUNFL, a credit union service organization, FMFCU has become CUNFL’s first client. As such, FMFCU was the beta tester for the program.

Bears Background

The Berenstain Bears were drawn into existence in 1962 by Philadelphia artists Stan and Jan Berenstain. At the time, the husband and wife team could not have known the wholesome brand they were painting would be embraced and etched into the minds of generations of young learners. Mike Berenstain continues his late parents’ legacy, entertaining and educating youngsters through the experiences of the Bear family.

Ironically, John Unangst was not aware of the local connection when he sought usage rights of the Berenstain Bears. Unangst is, however, keenly aware of the impact of product placement. Much like Philadelphia’s iconic Tastykake® made its way into a recent children’s movie, Unangst is hoping Bear Country Credit Union will make its way into the full-length animated Berenstain Bears feature film, which is under development.

Use of the Berenstain Bears’ books has not been unique to parents and teachers. With over 300 titles in 23 languages and 300 million copies sold, there’s no shortage of reference material for any institution in the Berenstain Bears’ collection. Thus, the national success of a local business begins.

For information about partnering with this success by supplying books to school children or sponsoring a school field trip, contact the Franklin Mint Federal Credit Union’s Learning & Development Department.

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FEATURE

The Slave Docket A Report on the Contents Thereof

T

he Delaware County Bar Association has been the conservator of important historical records known as “The Slave Dockets.” The dockets are case summaries which record the trials of enslaved individuals in Pennsylvania in the 18th century. The Historical Records Committee has carefully preserved these documents at the Bar Building.

With the goal of sharing these important records with the wider community, the Delaware County Bar Association has been working with the African American Museum of Philadelphia to display the “Slave Dockets” as part of an upcoming exhibit from September 2014 through January 2015. The exhibition, entitled “Cash Crop,” is a fine arts exhibit featuring multimedia works (primarily sculptures) by Stephen Hayes. Hayes is a young artist who draws on the history and iconography of the Trans-Atlantic slave trade for the works featured in this exhibit, which are based on his MFA thesis. The Slave Dockets, circa 1700s, are objects of great historical significance which will amplify the themes explored in the art works and allow visitors to connect to them locally.

The African American Museum in Philadelphia is notable as the first museum funded and built by a municipality to help preserve, interpret and exhibit the heritage of African Americans. Opened during the 1976 Bicentennial celebrations, the AAMP is located at 701 Arch Street in Philadelphia, just a few blocks from the Liberty Bell.

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The African American Museum in Philadelphia Announces

Stephen Hayes “Cash Crop” Exhibition to Open this Fall

Upcoming exhibition draws parallels between Trans-Atlantic Slave Trade and modern sweatshops SEPTEMBER 12, 2014 TO JANUARY 4, 2015

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FEATURE

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O. WARREN HIGGINS MEMORIAL RESOLUTION

T O. Warren Higgins was very active with the Delaware County Bar Association well into his late 80s. An avid archivist, he resurrected the old slave docket and the first docket in Delaware County Court, both of which pre-date the Revolution.

He worked to have these dockets preserved and showcased for future generations. He served as Chairman of the Historical Records Committee for many years and for that, we the present, thank Warren for recovering and sharing the past!

History with its flickering lamp stumbles along the trail of the past, trying to reconstruct its scenes, to revive its echoes, and kindle with pale gleams the passion of former days. ~Winston Churchill

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oday we remember one of the true gentlemen, consummate professional, and ceaseless contributor to the Delaware County Bar Association—O. Warren Higgins.

Warren was born and raised in the Penfield section of Haverford Township. He was the only child of Oliver T. Higgins and Edna M. Higgins. His father, who was better known as “Buddy” by his friends and associates, was employed as a draftsman by the Westinghouse Corporation in Lester. He also served as a Commissioner in Haverford Township, serving in that capacity for nineteen years and was president of the Board of Commissioners for twelve successive years.

Warren attended the Haverford Township public schools and graduated from Haverford High School in June of 1936. During his formative years he participated in the Boy Scouts and became an Eagle Scout also in 1936. While in high school, he was named to the National Honor Society, played halfback on the soccer team and was a miler on the track team. Upon graduation from high school, he was awarded a scholarship to Bucknell University which he attended from 1936 to 1940. While at Bucknell, he was a member of the soccer team, was a student assistant to the Dean of the university, and was a member of Phi Kappa Psi—as were at different times, Guy Messick, Harry Spiess and Mike Wenke. Throughout his life, Warren remained an avid and active member of the Bucknell community.

Following his graduation from Bucknell, he was awarded a scholarship to Duke University Law School. During his first year at Duke University Law School, an event happened on December 7, 1941—the Japanese bombing of Pearl Harbor—which resulted in Warren being drafted into the U.S. Army Air Corps in June of 1942.

Stateside, Warren was stationed in Biloxi Air Corps Base, Mississippi, for basic training, then shipped to Fort Logan Air Corps Administrative School, Denver, Colorado, where he served as an instructor, and then to Ogden Air Force Base, Ogden, Utah, where he was on special duty as an auditor. He was then transferred overseas to Manila in the Philippines and then to the islands of Okinawa, where he became Acting First Sergeant of the Air Service Group Squadron. Once the Japanese surrendered, his squadron was sent to Japan as part of the occupation forces. His tour of service with the Army Air Corps ended in early 1946 after surviving a typhoon while at sea on his way back to the states.

Deciding to remain local, Warren applied to the University of Pennsylvania Law School and received credit for his year at Duke.

He was accepted and enrolled as a second-year student together with Sam Blank, Read Rocap and Bill Pugh—all members of our Bar. He graduated from Penn Law School and was admitted to the Pennsylvania Bar on September 24, 1948. Warren commenced practice in Media in a firm which included his preceptor, William R. Toal, Sr. Joining them were Albert J. Crawford and John R. Graham. When William R. Toal,

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Sr. ascended the bench he asked Warren to join him as his law clerk. At that time the bench consisted of Judges Ervin, Sweeney, Toal (who had succeeded Judge MacDade) and Judge Van Roden. There were approximately 100 active members of the Bar and Warren would later remark that “you knew everyone and everyone knew you.”

Warren’s practice continued to evolve and he joined Howard F. Reed to form the firm of Higgins and Reed, located at 21 West Front Street in Media. When Judge Toal, Sr., died, he continued to work for the court clerking for Judges Bloom, Catania and Paul Sand. In 1971-72, Warren leveled the structures on his property at 21 West Front Street and constructed a building which exists there today, and he christened it “Barristers Hall.” During construction Warren became associated with the firm of Crawford and Graham.

Once the construction was completed, he returned to Front and Plum and was joined there by a number of members of our Bar including: Jim Gorbey, Frank Daly, Ed Gallagher, Bill George and Bob DiOrio. With those personalities, it takes little imagination to conjure up the stories, “if those walls could talk.”

Warren left for the courtroom, becoming an assistant district attorney where he was assigned to trials and appeals.

He was a member of the prestigious “Order of the Door,” which for the younger members of the Bar was the door of the District Attorney’s office listing the names of the assistant district attorneys who served with then District Attorney Steve McEwen.

In 1978, Warren was appointed by Judge Catania to serve as a mental health review officer, a position he held for more than 21 years presiding over hearings at Haverford State Hospital and other state facilities throughout eastern Pennsylvania. During this time, he continued his practice and association with John R. Graham and finally William G. Halligan.

Even though he was semiretired, Warren continued to be very active with the Bar Association. For years he chaired the Law Library Committee and served three separate terms as a member of the Association’s Board of Directors. Being an avid archivist, he, with the assistance of John LaRosa of the County Audio Visual Department, resurrected the old slave docket and the first docket in Delaware County Court, both of which predate the Revolution. He worked to have these dockets preserved and showcased for future generations. He served as Chairman of the Historical Records Committee and since the year 2000, he interviewed the past presidents of our Associations for publication in the Delco Review.

In addition to his activities with the Bar Association, he was a member of Rotary International since 1954, serving as president of the Havertown Rotary Club, then president of the Media Rotary Club, and then as president of the Media Rotary Foundation.

Warren remained physically active well into his late eighties, including skiing, swimming and studying the history of U.S. railroads and model rail car building. He was an avid

fan of railroads and a member of the Pennsylvania Railroad, Nickel Plate Railroad and Reading Railroad Technical and Historical Societies.

Warren resided in Upper Providence Township with his wife, Carole. He was the proud father of his son Christopher as well as two stepchildren, Raymond Williams and Michelle Kowall.

Warren remained an avid participant in Bar Association activities. When asked why he continued to stay so active with the Bar Association, he spoke of the camaraderie with his fellow lawyers, the need to encourage professionalism in the practice of law, and he viewed the Delaware County Bar Association as the best organized and administered group in which he had ever participated. His advice to all attorneys, both young and not so young, was to become active in the Association, that the practice of law is still a “people business” and being active in the Association and its committees was the best way to know and be known by one’s fellow practitioners. He was known to say, “The Association gives me the opportunity to know the generation of younger lawyers which is helpful in keeping me, of the older generation, feeling younger.”

Warren was in every way a true gentleman lawyer, evoking those times when the practice of law was not a business but rather, a way of life. He will be dearly missed.

Respectfully submitted, The O. Warren Higgins Memorial Resolution Committee

William G. Halligan, Esquire Chairman Lewis B. Beatty, Jr., Esquire Frank W. Daly, Esquire Robert M. DiOrio, Esquire Andrew J. Donaghy, Esquire The Honorable Patricia H. Jenkins Terrence A. Kline, Esquire Joseph E. Lastowka, Jr., Esquire The Honorable Stephen J. McEwen, Jr. Guy A. Messick, Esquire William A. Pietrangelo, Esquire Harry F. Spiess, Jr., Esquire The Honorable William R. Toal,Jr. Frank J. Wesner, Jr., Esquire

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FEATURE

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The 42nd Annual Bench Bar Conference...

Discovering Michener’s Chesapeake

By Colleen M. Neary, Chairman, Bench Bar Conference Committee

CAMBRIDGE, MARYLAND: JUNE 4-6, 2014

M

embers of the Delaware County Bench and Bar once again traveled to the beautiful Chesapeake Bay Hyatt for the 42nd Annual Bench Bar Conference.

As always, the seminars and speakers were of the highest caliber, as the Bench Bar Conference Committee members once again outdid themselves in their commitment to excellence in programming. President Judge Kenney gave a very informative and candid talk on the State of the Bench and improvements and successes seen in our County Judicial Departments. This year our guest speaker was Roger Dodd, Esquire, who presented a memorable, thought provoking, and witty seminar on Cross-Examination. Forensic Scientists Cassandra Burke and Alison Murtha presented a program on gunshot forensics in the context of a criminal matter. Members of the Criminal Defense Committee presented on the latest legal issues involving confessions and testing the legality of them when

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seeking to have them admitted as a “voluntary” confession. District Attorney Jack Whelan spoke about his office’s prosecutorial discretion and charging decisions. The Family Law Section sponsored a seminar on psychological privilege in the context of custody cases and the Young Lawyers’ Section once again presented the year in review of case law updates. Those interested in learning about the latest use of technology in case management were not disappointed.

Learning how to get paid in cases was the subject of one of our breakfast seminars.

Those interested in learning the latest in the Orphans Court world of Guardian Ad Litems had a wonderful opportunity to attend a seminar hosted by our President Judge. Mediation as a real alternative to litigation was explored ably by our panelists. This year our Senior Judges Cronin, Hazel, Coll and Burr enhanced our program with a discussion of their perspective on effective lawyering based on their experiences on the Bench.

Once again, the Inn of Courts provided

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lively and fun CLE credits in the form of a Jeopardy Style team tournament and USI Affinity provided a malpractice seminar that gave the added benefit of providing a reduction in premiums for those that attended. Finally, a chapter of DCBA history, in the form of highlighting our beloved Judge Robert A. Wright, was told in the third edition of the DCBA Historical video.

As if the ability to earn a year’s worth of CLE in a beautiful locale wasn't reason enough to attend, our members also had some fun. Our annual golf tournament netted the following winners:

Gross 1st Place 2nd place 3rd Place

68- Allen Borowsky 77- Jim Proud 78- Ron Freemas

Net 1st Place 2nd Place 3rd Place 4th Place 5th Place 6th Place

*71- Joe Chupein *71- Rob Delong *72- Jim Nilon *72- Steve Koense *72- Mike Davey 73 – Buddy Jarrell

Longest Drive-# 18 Closest To Pin# 8 Closest To Pin# 15

Allen Borowsky Rob Delong Patrick Daley

*Scorecard Playoff Our winning tennis players were: Joe Malley and Rob Keller. Those whose athletic prowess lies mainly in the art of relaxation had a beautiful venue to sit by the pools, walk the nature trails, or try their skill at kayaking. Our Young Lawyers Section, headed by Patrick Daley, once again provided a rousing Texas Hold ‘Em Tournament for our amateur poker players.

The President's Dinner honored several of our most deserving members. The Nicholas D. Vadino, Jr. Award, given

to a Young Lawyer who has made significant contributions to the organized bar, was presented to Ryan Grace, of the District Attorney's Office. The E. Wallace Chadwick Award, given in recognition of services to the legal profession in furtherance of intraprofessional development, communication and education, was presented to Michael Pierce, of Pierce and Hughes; the Donald J. Orlowsky Award, presented annually to the individual who has contributed most to the improvement and fostering of good Bench Bar Relations, was awarded to Bill Baldwin, our now seasoned Executive Director; the recipient of the Hon. Frank T. Hazel Hall of Fame Award, given to the member who fosters camaraderie, good will, selflessness, enthusiasm and sportsmanship in the legal field was Dick Mitchell.

The Bench Bar Conference is one of the premier events sponsored by the Bar Association. It is a time to learn from colleagues, judges, and other experts; to network with other members of the legal community, have some fun and get to know your opponents, your colleagues and the members of our Bench in a collegial format. If you haven't taken the opportunity to join us at this Conference, you've been missing out. Make history with us next year, June 3-5, 2015, at the Omni Bedford Springs Hotel. It promises to be an event to remember.

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| 17

FEATURE

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HISTORY TIMELINE Fort Bedford established on banks of Juniata River 1758 Bedford Borough is commercial town on America’s colonial frontier 1770s George Washington’s military headquarters situated in Bedford’s Espy House 1794 Bedford Springs Hotel begins construction near seven natural springs 1790s

Make history with the Delaware County Bar Association at the 43rd Annual Bench Bar Conference, June 3-5, 2015

Dr. John Anderson purchases 2,200 acres on which the resort presently stands 1796 Bedford Springs Hotel opens as 24-room inn catering to travelers seeking its mineral springs 1804

Aaron Burr and grandson among Eisenhower and Ronald Reagan. The the hotel’s first guests 1804 most frequent was Buchanan, the only Anyone intrigued by the origins of Bedford Springs Hotel achieves Pennsylvania-born President, who made HISTORY the great American destination vacation luxury resort status 1842 the hotel his summer White House durneed only look to the Omni Bedford ing his tenure. Buchanan received theonly look Presidents ne intrigued byResort the origins of the great American destination vacation need to the Andrew Jackson, William Springs & Spa. One of America’s Henry Harrison, James K. Polk ancountry’s firstfirst trans-Atlantic cable, in i Bedford Resortresorts, & Spa. One of America’s great destination resorts, the firstSprings great destination the BedZachary Taylor are frequent guests, the hotel lobby, a congratulations from ford, Pennsylvania, property dates from ord, Pennsylvania, property dates from 1796 when physician Dr. John Anderson purchased as are Daniel Webster, Henry Clay Queen Victoria of England.

1796 when physician xisting 2,200-acre site. Dr. John Anderson and John C. Calhoun 1800s-1850s During the Civil War, Union generpurchased the existing 2,200-acre site. als often housed their families at the reSummer White House for President Anderson wasn’t to be erson wasn’t the first to the be first captivated

by Bedford Springs. Native Americans including sort, ensuring them comfort and safety James Buchanan, who receives thecaptivated by Bedford Springs.

Naois and Shawnee frequented the area, consecrating seven mineral springs as a neutral before departing for battle, and during first trans-Atlantic cable from Queen tive Americans including Iroquois and ng ground. The springs – Sweet, Iron, Magnesia, Black, Sulfur and Crystal – World War II theLimestone, U.S. Navy commanVictoria in the hotel lobby 1858 Shawnee frequented the area, consecratlow fluidly, as does Eternal, which was discovered during thea communication renovation of Omni Bedford deered the hotel as ing seven mineral springssprings as a neutral Hotel is premier regional destination ngs Resort.

Today, all eight supply water to the resort its1945 30,000 square-foot center starting in 1942,and and in it healing ground. The springs – Sweet, for Washington, Baltimore, Philadelngs Eternal Spa. was used to intern Japanese diplomats.

Iron, Magnesia, Black, Limestone, phia and Pittsburgh business and Access to the resort was greatly enSulfur and Crystal – still flow fluidly, resort dates from 1796 with many small guest and during bath houses.

In 1804, it openedsocial a 24-elite, who call it “The Carlsbad hanced the 1950s with the conas does Eternal, which was discovered of America” after Europe’s famous inn called The Building.

Among the first guestsofwas U.S. Vice President struction the Pennsylvania Turnpike. Aaron Burr, during theStone renovation of Omni Bedford spa 1890s checkedSprings in with his grandson not springs long after he mortallyhowever, wounded Alexander Eventually, the property beganHamilton in a Resort.

Today, all eight Summer retreat for 19th century to show its age and was closed in 1986. supply water to the resort and its 30,000 industrialists such as Henry Ford and Following designation as a National square-foot Springs Eternal Spa. John Wanamaker 1890s Landmark – with endangered en U.S. Presidents visited the property: Historic Thomas Jefferson, Andrew Jackson, Zachary The resorthave dates from 1796 with status, no less – in 1991, Bedford or, Johnmany Tyler, William Henry Harrison, Buchanan, James Garfield, JamesDebut Polk,of golf course designed by small guest and bath houses.

In James Springs ResortReagan. and its acreage am Howard Dwight D. inn Eisenhower and Ronald The were mostpurfrequentSpencer was Oldham 1895 1804, Taft, it opened a 24-room called chased

by Bedford County preserva-White House Theonly StonePennsylvania-born Building. Among the President, first anan, the who made the hotel hisforsummer Bedford Springs Hotel experiences andtrans-Atlantic redevelopment.cable, That effort washotel lobby, guests Buchanan was U.S. Vice Presidentthe Aaron g his tenure. received country’stion first in the a 1850-1920 its heyday Burr, who Queen checked Victoria in with hisofgrandson ratulations from England. later assumed by Bedford Resort Partners and in 2007, upon completion of a Golf course architect A.W. Tillinghast not long after he mortally wounded Alfour-year, $120 million-plus renovation, remodels resort course 1912 exander Hamilton in a duel. ng the Civil War, Union generals often housed their families at the resort, ensuring them the 216-room Bedford Springs Resort Eleven U.S. Presidents have visited course architect Donald Ross ort and safety before departing for battle,andand during World War II the U.S. Golf Navy Spa reopened. the property: Thomas Anredesigns the course 1923 mandeered the hotel as a Jefferson, communication centerInstarting in 1942, and in 1945 it was used 2009, the resort came under mandrew Jackson, Zachary Taylor, John ern Japanese diplomats.

Hotel serves as U.S. Navy commuagement of Omni Hotels and became Tyler, William Henry Harrison, James nication center during World War II the Omni Bedford Springs Resort & Buchanan, James Garfield, James ss to the resort was greatly enhanced during the 1950s with the construction of the 1942-1945 Spa. Polk, William Howard Taft, Dwight D.

HISTORY

nsylvania Turnpike. Eventually, however, the property began to show its age and was ed in 1986.

18 | Fall 2014

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U.S. State Department interns Japanese diplomats at hotel 1945

Bedford Springs Hotel National Historic Landmark is purchased by Bedford

New Pennsylvania Turnpike greatly enhances access to the resort 1950s

Resort Partners Ltd., including Mark Langdale, Ambassador to Costa Rica 1998 Bedford Resort Partners, Ltd. assumes restoration efforts. Property purchased for $8 million 2003

Presidents Dwight Eisenhower and Ronald Reagan among guests 1950-1980s Department of Interior hails the hotel and its golf course as among the best remaining examples of “springs resort architecture” 1984 Hotel closes 1986

Restoration of hotel, spa and golf course.

The project cost exceeds $120 millionplus 2004-2007 The 216-room Bedford Springs Resort reopens after complete restoration 2007

Resort designated a National Historic Landmark and given endangered site status 1991

Omni Hotels takes over management of resort 2009

State of Pennsylvania provides grant to Bedford County to preserve and redevelop property, Bedford County purchases hotel and acreage 1994

For Further Information Contact: Laura Lopez Hawkins International Public Relations Tel.: (212) 255-6541 Email: laura@hawkpr.com

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| 19

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POEM

Honest Abe Lied (Is that why he died?)

He knew his Constitution well And all for which it stood...

That day he swore his sacred oath So pure, so right, so good But did he see skies turn to ash or valleys turn to blood When on that day he swore that oath and on that dais stood?

From high atop his White House perch he fathomed what was needed And to the North as well as South, “Let's free the slaves,� he pleaded!

And so his oath-swear he forsook to save his dying nation...

No lie, but Truth, cost Abe his life...

His Freedom Proclamation!

By Stephen J. Devine, Esquire A history enthusiast who finds inspiration in the advocacy of Abraham Lincoln.

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No one knows technology solutions like Stratix.

Delaware County Historical Society Presents: ALL AMERICAN “POP, ROCK AND SOUL” CONCERT! WITH THE LEGENDARY

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Proceeds to Benefit: Delaware County Historical Society Museum And Veterans Education Programs

Fall 2014

| 17

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FEATURE

From Life in the Fast Lane

to the Serenity of the Country Side . . .

R

emember DCBA Member David Blake? I recently congratulated him on his first full year as President of The Halsey House Bed and Breakfast through LinkedIn. My, how time flies! After 40 years as a practicing attorney and mediator/neutral arbitrator assisting people in solving problems, Dave changed course and now seeks to help people relax, recharge, smile, slow down and enjoy life.

Dave is happy to report that all is going well. “It was probably the fastest year of my life and totally a good one. We are already rated the #1 B&B in the area (out of 10) by several travel sites and our Trip Advisor reviews have been great! I miss the great folks at the DCBA but have landed in the perfect spot.

I am already a member of the Town Planning Board and have been asked to serve on several volunteer organizations. I am also working with the local school district regarding the start of a Youth Court.”

I recalled when talking to Dave that I had stayed in a B&B

in Toronto, Canada, where every morning I awoke to the smell of home baked, chocolate croissants. I asked Dave if he had a similar offering at the Halsey House to which he replied, “with regards to the chocolate croissants . . . now doing mini croissants stuffed with dark chocolate which today we served with a cold strawberry and basil soup as a starter. All well received and certainly less labor intensive, as those that do not come out perfectly can be hidden beneath some confectioner's sugar. I use the croissant dough recipe for a white chocolate and raspberry bread pudding and a Blueberry French Toast Casserole, and as a crust for some pizzas.” “Sweet, I’m booking a trip now,” I replied!

The Halsey House Bed & Breakfast situated in the serenity of the country side in the Finger Lakes, offers warm hospitality, comfortable beds, delightful meals and good company. The Halsey House is an 1829 home that is but a short distance from the waterfalls, gorges and vineyards for which the area is so well known.

By Tracy Price, DCBA Marketing Director

Check out the site at www.halseyhouse.com. The welcome mat is out!

22 | Fall 2014

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| 23

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FEATURE

A HARD FOUGHT BATTLE

By Michael Hill, Esq.

I

t was a sweltering Tuesday on July 8, 2014. No breeze was flowing through Delaware County that day, as the air was bogged down by an almost unbearable humidity. Little did everyone know that a storm was coming. Of course the news predicted a heavy storm to hit the area later that night but before those dark clouds that came rolling in hit Media, another storm was to begin at Barrall Field. The Delaware County District Attorney softball team had one thing on their minds and that was vengeance for a loss in the championship last year. The past three years they have made it to the final game, 2012 they were able to take home the hardware of a green plastic plaque from the Pennsylvania Amateur Softball Association, in 2013 the sweet taste of victory turned to a bitter aftertaste as their championship hopes were ripped from them in a double elimination marathon against Probation’s team. Would 2014 leave these Men and Women with the same bitter taste, or would they hoist yet another plaque high in the air as the victors once again?

The District Attorneys had to win only one game out of two for them to take home the prize; their experience from last year gave them the knowledge that they were not going to take the chance of playing both games and set out early to establish that they were the best team in the County. Their competitor was a formidable foe from Gibley and McWilliams, who shocked the softball league by beating both Probation and the Public defender’s office in a double header one week before. As the DA team was the number 1 seed, they were given the home designation and Gibley McWilliams were first up to bat. They struck quickly by scoring 3 runs but were soon put to the field after some strong defensive battles. That’s when the DAs decided to make their move. Before the lightning strikes later in the evening would decimate the county, you could hear similar sounds echoing blocks away, except this was from the District Attorneys’ bats as they

24 | Fall 2014

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made hit after hit and put up 7 runs before they would be retired. Gibley and McWillaims wasn’t going to go down without a fight and after a few innings back and forth, a few runs being given up by both teams, we found ourselves all tied up at 12 apiece in the 3rd inning. After a couple 1-2-3 innings of amazing pitching and defensive plays you could feel the tension rising. Which side was going to break first?

Finally in the bottom of the 5th inning as the storm lingered to the west, a boom echoed from that small baseball diamond. The fans huddled together as they heard a thunderous roar, except this wasn’t the storm rolling in, it was the sound of a stampede of District Attorneys crossing home plate as they got hit after hit. They were able to bring home 9 players safely before returning to the field. The score now 21-12, Gibley and McWilliams had to get a few back to keep the pressure on the DAs. In the top of the 6th they were able to score 4 quick runs before being retired making the score 21-16. The District Attorneys wanted to put this game away by a ten run rule. They were all too familiar from last year that no lead is safe. Trying to score 5 runs they outplayed themselves and instead of the small ball that got them this far they relied too heavily on the long balls to the outfield. They were able to get 3 runs back but not enough to end the game. They would head to the 7th inning and hopefully their last.

It was the top of the 7th inning. The district Attorney’s Ace, Frank Magee, has been pitching like a young Sandy Koufax, but this heat would get to any pitcher no matter their experience. The District Attorney’s office only needed to keep Gibley and McWilliams to 7 runs, anything more the game would continue to the bottom of the 7th. What they got from their work horse of a pitcher was one of the best half innings the Pennsylvania Amateur Softball Association has ever seen. Not only did they keep the team to fewer than 7 runs but Frank Magee pitched a perfect 7th and went 1-2-3 to the Gibley and McWillams batters.

As the crowd erupted in cheers, the teams gathered in the middle of the diamond to shake hands and show mutual respect to a hard fought battle. After the teams congratulated each other the entire District Attorney’s team met in the dugout and caught their breath; you could see players taking account of what they had just accomplished. Hugging family members, high fiving team mates and looking up to the sky as they remembered a hard fought season where they ended a perfect 8 and 0, the incoming storm would wash away this dirt and the chalk lines from the field but not the memories.

Never again would the Delaware County Softball Lawyer’s league see such a team, one that was the epitome of sportsmanship and camaraderie. Unselfish baseball was the motto of the team and it showed in every player and in the final score of 24-16. Will they be back to the Championship game next year and make it 4 appearances in a row? Only time will tell, but for now they will rejoice with victory and thank the baseball gods that they held off the rumbling storm just long enough to enjoy this sweet triumph.

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Fall 2014

| 25

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FEATURE

the Kitchen H

Debate

istorically . . . A series of impromptu exchanges (through interpreters) between then U.S. Vice President Richard Nixon and Soviet Premier Nikita Khrushchev at the opening of the American National Exhibition at Sokolniki Park in Moscow, 1959. The Soviets and Americans had agreed to hold exhibits in each other's countries as a cultural exchange to promote understanding. The Soviets had an exhibit in New York in 1958, and the following year Vice President Nixon was on hand to open the U.S. exhibit in Moscow. For the exhibition, an entire suburban model house was built that the American exhibitors claimed anyone in America could afford.

The Kitchen Debate took place primarily in the kitchen of the suburban model house, fully equipped with labor-saving and recreational devices meant to represent the fruits of the capitalist American consumer market. The Kitchen Debate was the first high-level meeting between Soviet and U.S. leaders since the Geneva Summit in 1955.

In the course of the tour, Khrushchev surprised Nixon when he launched into a protest over a recent resolution that had passed the U.S. Congress condemning the Soviet Union for its “control” over the “captive” peoples of Eastern Europe.

The resolution called upon Americans to pray for those people. After protesting the actions of the U.S. Congress, he dismissed the new technology of the U.S. and declared that the Soviets would have all of the same things in a few years time. Both men argued for their respective country’s industrial accomplishments, with Khrushchev stressing the Soviets’ focus on “things that matter” rather than luxury. He satirically asked, "Don't you have a machine that puts food into the mouth and pushes it down? Many things you've shown us are interesting but they are not needed in life. They have no useful purpose.

They are merely gadgets. We have a saying, if you have bedbugs you have to catch one and pour boiling water into the ear." Nixon responded by saying at least the competition was technological rather than military. Both men agreed that the United States and the Soviet Union should seek areas of agreement. At the end, both agreed to translate the Debate into the respective languages and broadcast accordingly.

American reaction to the Kitchen Debate was initially somewhat mixed, some calling it a political stunt while others praised Nixon for managing to uniquely personify a national character proud of peaceful accomplishment, sure of its way

26 | Fall 2014

of life, confident of its power under threat. As a result of the informal nature of the exchange, Nixon gained popularity with the US public, as the trip raised Nixon’s profile as a public statesman, greatly improving his chances for receiving the Republican presidential nomination the following year in 1960, the 44th quadrennial presidential election.

IF YOU CAN’T TAKE THE HEAT . . .

The Republican Party nominated incumbent Vice-President Richard Nixon, while the Democratic Party nominated John F. Kennedy, Senator from Massachusetts. The incumbent President, Republican Dwight D. Eisenhower, was not eligible for re-election after serving the maximum two terms allowed by the Twenty-second Amendment. This was the first presidential election in which voters in Alaska and Hawaii were able to participate, as both had become states in 1959.

Kennedy received 112,827 (0.17%) more votes than Nixon nationwide, and, although Nixon won the popular vote contest in more individual states (26 to 22), the electoral votes held by those various states, when cast, gave Kennedy an Electoral College victory of 303 to 219. Nixon was the first candidate in American presidential electoral history to lose an election despite carrying a majority of the states.

THE LOCAL KITCHEN DEBATE . . .

SWEET VS. SAVORY

Why not combine sweet AND savory to produce complex flavors?

Sweet or savor, what’s your flavor? We all crave different flavors in our foods, some sweet, some savory. There are many options to satisfy, but why not combine them to produce complex flavors? What is the difference between sweet and savory? The most basic definition is that sweet food has the flavor or taste of sugar or honey. Savory food is full-flavored, it has a spicy quality without being sweet. It is pleasing to the sense of taste by reason of effective seasoning or its salty quality.

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Arguably, The Best Corn Fritter: Ingredients • 4 cups of corn (canned or off of the kernel) • 2 eggs • 1 teaspoon baking powder • ½ cup milk • 1 teaspoon salt • 1 Tbsp. sugar • 3/4 cup flour • 6 sprigs chives, fresh, chopped • ½ teaspoon cayenne pepper • Powdered Sugar • Trader Joe’s Natural Organic Agave Syrup • Trader Joe’s Organic Virgin Coconut oil (for frying)

Grilled Watermelon Who would have thought? Grilled watermelon works as a side dish, dessert or incorporated into a salsa or even a salad. Try placing a grilled slice a top a bed of baby greens, drizzle with raspberry vinaigrette dressing then finish with a sprinkle of crumpled feta, blue, or one of my favorites, honey goat cheese.

Or, try grilled watermelon with just a little sea salt and pepper, it’s amazingly pleasing to the palate!

Ingredients: Serves: 8 | Yield: 8 wedges • 8 slices seedless watermelon, wedges, 1.5 inches thick • 2 tablespoons olive oil • sea salt • fresh ground pepper

Directions: • Prepare dry mix by combining flour, baking powder, salt, sugar and cayenne pepper • Combine dry mix with eggs and milk and mix until you have a pancake-type mix consistency • Add corn and stir until blended • Add chopped chives and blend • Heat coconut oil for frying • Drop mixture by tablespoons into oil and cook until golden brown • Remove and place on a plate topped with paper towels to absorb the oil • Top with powdered sugar and Agave syrup drizzle • Enjoy! Sweet AND Savory!

Shared by Tracy Price, DCBA Marketing Director

Directions: • Cut a watermelon into slices, about 1 inch thick. You may leave the rind on or cut it off, your preference.

• Prepare the wedges: Lightly sprinkle both sides of the wedges with sea salt; stand the wedges on their edges on a rack over a sink or pan and let them drain for approximately 30 minutes • Preheat the grill to high or fire up your coals • After the watermelon has drained, rinse each piece under cold running water. Place each piece between two folded paper towels and gently, but firmly, press to remove excess water. You should stop just when you feel the watermelon begin to crunch.

• Brush the watermelon lightly on both sides with the olive oil and grill over high heat until grill marks have formed and the melon is slightly softened, about 5 minutes.

• Remove the wedges from grill and sprinkle with sea salt and a little fresh ground pepper.

• Enjoy! Sweet AND Savory!

Fall 2014

| 27

FEATURE

www.DelcoBar.org

The Delaware County Bar Association is excited to announce that effective August 4, 2014, we have launched a NEW INTERACTIVE WEBSITE!

Our web address is still www.DelcoBar.org, but you will notice some significant changes when accessing the new site, including the ability to pay dues and register for CLE seminars and events on-line. In September and October, the DCBA will be hosting a series of lunch and learn programs to introduce our members to the capabilities of the new website. We hope that these improvements will enhance the value of your membership.

www.DelcoBar.org 28 | Fall 2014

Oppose Sales Tax on Legal Services – PA Senate Bill 76

Dear Colleagues:

T

here is a bill pending in the Pennsylvania General Assembly that would impose a sales tax on most legal services. This legislation – Senate Bill 76 – has gained some support as it proposes to eliminate the school property tax. The bill calls for an increase in the personal income tax, an increase in the sales tax rate and an expansion of the sales tax to include many basic necessities, professional services and most legal services.

If enacted, Senate Bill 76 will require lawyers to collect from their clients a sales tax on many legal services at the rate of 7% (and at 9% in Philadelphia). The Board of Directors of the Delaware County Bar Association does not have an official position on the core issue of the bill – eliminating school property taxes and raising the state income and sales tax – rather, we believe that imposing a tax on legal services imposes a burden as we describe in this letter. Additionally, the Pennsylvania Bar Association together with county bar associations also oppose Senate Bill 76 because of the profound negative impact such a tax will have on the legal profession in our area and the clients we serve.

At its core, a tax on legal services is not a tax on attorneys; it is a tax on clients.

Similar to all other sales taxes, this one will be regressive in nature and passed directly through to the consumer. Those seeking legal representation do so when they need help protecting their rights or addressing a serious issue in their lives. The need for legal representation is not a voluntary choice and explicitly not a “non-essential” service.

A tax on legal services will place lawyers in Delaware County and our Commonwealth at a competitive disadvantage with lawyers in other neighboring states.

In fact, none of the states surrounding Pennsylvania assess a sales tax on legal services.

Consequently, those who purchase legal services, and who have a choice in where their lawyers work, would have a tremendous incentive to move work to avoid a sales tax.

Clients who can direct work to other locations would quickly save on costs by selecting firms outside Pennsylvania. Firms with offices in multiple locations may see requests to direct work to attorneys who do not practice in Pennsylvania. Most of Delaware County’s firms are smaller, and so we will be among the most harmed by such a tax. We currently enjoy a competitive advantage over New York and Washington, D.C. on rates.

We do not need to eliminate this gap by filling it with a sales tax.

The Delaware County Bar Association is concerned that just as the local legal community is beginning to recover from the recession, the imposition of a sales tax on most legal services will result in lost business and jobs. The Delaware County Bar Association’s Board of Directors seeks to stop this misguided legislation. Please support the Association’s efforts by contacting our state elected officials; contact information on page 30.

Very truly yours, President, DCBA and on behalf of the Board of Directors June 18, 2014

Continued on page 30

Donald J. Weiss Esq. PC Attorney at Law CPA, Realtor, Real Estate Broker, Appraiser, LLM Taxation New York University Thomas J. Weiss, PE, CPA SERVICES: Tax – Income for LAWYERS & Professionals Certified Public Accountants Business and Individual Tax and Masters in Tax Real Estate Law

S corporations Real Estate Tax Assessment Estate and Non Profit Tax Returns Estate Planning and Administration Financial Statements and CPA Audits Commercial Representation Business Tax Planning Incorporations, LLC’s and Partnerships Delinquent and Amended Returns Business and Real Estate Transactions Partnership, Corporate and LLC Returns Title Insurance Offices at The Chadds Ford Professional Center, 6 Dickinson Drive, Suite 110, Chadds Ford, PA 19317 Phone # 610-459-1700 / Fax # 610-459-9206 Websites: www.DonaldJWeiss.com / www.weisstax.com

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Oppose Sales Tax on Legal Services... Continued from page 28 Contacting Your Elected Officials http://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator/index.cfm Governor Tom Corbett www.governor.state.pa.us HOUSE Rep. William F. Adolph, Jr. District 165 Phone: 610.544.9878 www.williamadolph.com SENATE Senator Edwin B. Erickson Rep. Stephen Barrar District 26 District 160 Phone: 610.853.4100 Phone: 610.485.7606 www.senatorerickson.com www.stevebarrar.com

Rep. Thomas H. Killion District 168 Phone: 610.325.1541 www.repkillion.com Rep. Thaddeus Kirkland District 159 Phone: 610.876.6420 www.pahouse.com/Kirkland Rep. Nicholas Micozzie District 163 Phone: 610.284.0020 www.repmicozzie.com

Senator Dominic F. Pileggi District 9 Phone: 610.565.9100 www.senatorpileggi.com

Rep. Margo Davidson District 164 Phone: 610.259.7016 www.pahouse.com/davidson

Rep. Nick Miccarelli District 162 Phone: 610.534.1002 www.repmiccarelli.net

Senator Anthony Hardy Williams District 8 Phone: 215.748.7811 www.senatoranthonyhwilliams.com

Rep. Maria Donatucci District 185 Phone: 215.468.1515 www.pahouse.com/Donatucci

Rep. Greg Vitali District 166 Phone: 610.789.3900 www.pahouse.com/vitali

Senator Daylin Leach District 17 Phone: 717.787.5544 www.senatorleach.com

Rep. Joe Hackett District 161 Phone: 610.461.5543 www.rephackett.net

Rep. Ronald G. Waters District 191 Phone: 215.748.6712 www.pahouse.com/waters

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