Delco re:View Winter 2014-15

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The Official Publication of the Berks County Bar Association

WINTER 2014-15

Delaware County Bar Association Board of Directors PRESIDENT Jonathan Peri, Esquire


President’s Message

PRESIDENT-ELECT Kristen M. Rushing, Esquire


Editor’s Desk

VICE PRESIDENT Scott C. Gottel, Esquire


Tribute to William Cornell Archbold, Jr., 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

DCBA Staff William L. Baldwin, Esquire Executive Director Tracy Price Marketing Director & Editor 610-566-6627, x 225 Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 PO Box 466 P (610) 566-6627 • F (610) 566-7952 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.



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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@ 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. Cover photo is taken from a piece of art created by the late Elizabeth C. Price, DCBA Executive Director, 1974 to 2010.

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President’s Message Jonathan Peri, President

A 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.

s President of the Delaware County Bar Association, I want to share a few of our more public accomplishments over this last year. I am especially excited about our Association periodical, The DelCo re:View, which helps keep the Association out-in-front of the Delaware County community and lets our leaders learn about ways by which attorneys are serving the public. In my years in bar association leadership, I am proud to say that our Board of Directors has been outstanding and has consisted of attorneys dedicated to the highest standards of professionalism and ethics. Our Board is exemplar of this Association and is comprised of active, involved attorneys who work closely with our members, while finding new ways to jointly serve our Association and our community. In this last year we developed, approved, and implemented a strategic plan for 2014-2017. The plan was developed through information gathering, surveys, and overall consensus. Organizations of our longevity, size and type must, as a part of best practices and visioning for the future, craft consecutive strategic plans on a regular basis. This is crucial if our Association wishes to remain relevant to its members and to the community. Our goals in the 2014-2017 Strategic Plan include the following: • Grow relationships in our community and community profile • Provide for long term financial stability • Further value for member attorneys, new and seasoned • Serve members regarding technology integration into legal practice, benefiting member attorneys and therefore, the community they serve Although our Strategic Plan looks to the future of the Association, I am also proud to be able to share some of the accomplishments and successes we enjoyed during the past year. These include: • introduction of a revamped and interactive website and database • installation of video conferencing technology at the Bar Building • reinvigoration of the Delaware County Bar Foundation • introduction of the “new and improved” quarterly DelCo re:View, a glossy magazine shared with 20,000+ association members and members of our community at large • growth in membership by the addition of 130 new members to make the DCBA more than 1,200 members strong • completion of a successful Bench Bar Conference with more exciting conferences already scheduled for the future We continue to explore ways to enhance the value of membership and connect with our community. As the holidays quickly unfold before us, please accept the Delaware County Bar Association’s most sincere wishes for prosperity and peace. Jonathan Peri

Winter 2014-15




Dear Janice,

Editor’s note: Robert “Bobby” E.J. Curran, Esquire, contributed the letter for publication. It was written by a friend, the late Henry B. Fitzpatrick, Jr., Esquire, to a friend, Janice, Mr. Archbold’s wife of almost 56 years. For those of you who did not know Mr. Fitzpatrick, he was a former partner of the Honorable Stephen J. McEwen, Jr., Superior Court of PA. Mr. Fitzpatrick was also appointed counsel to the Court of Judicial Discipline. In this capacity, Mr. Fitzpatrick, “Fitzie,” maintained an office in the Kassab building on Jackson Street in Media. Here he befriended Mr. Archbold, “Arch,” who practiced with the late-greats, Matt Ryan and Edward “Eddie” Kassab. The letter is certainly “publish-worthy,” as it speaks further to the greatness of Mr. Archbold and how those who hold him deep within their hearts, can always “spread a little Arch around.”

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here are many things to say about Arch which have already been said, and will be said in Media on “Bill Archbold Memorial Day” – mostly about his professional accomplishments, of his inborn and totally unselfish integrity and of his single-minded commitment, dedication and passion for the right and the just, which he instinctively identified, and which then became “the necessary” – necessary for him to obtain: for his client, for himself, and yes, quietly, while he was at it, for the world. You know, Jan, that Arch was my friend and that I loved him greatly. But, for me, Arch was more than that: he was an example, “a good example.” To be sure this was true for others, indeed, for all he touched, if they were watching. I was watching. The Jesuits used to say and teach (and I am sure still do) that the best way to spend your life, the highest value you could return to God, is to be “a good example” – not by words spoken but by a life lived. I give you Arch, Dear Lord, and I rest my case for him. Beyond this there is not much you can do with a life. Unless – except – if you can leave somebody behind who is capable – and disposed to (without really thinking about it) “spreading a little Arch around.” I speak, of course, of you and your children who will do that (without really thinking about it) “like breathing in and breathing out.” Of course; but I speak here also (and particularly) of John (I believe his name). You know, the big guy, the new “Mr. Syracuse,” the new “Big Orange,” who sobbed through the Psalm; but rallied, showed the Archbold colors and “spread a little Arch around.” And all there knew that the Archbold flag was raised and would be flying again, in benignity and honor, for another generation. And there was love, all around, in the church. You are a very lucky family.


Fitzie (as he called me)


MEMORIAL RESOLUTION Delaware County Bar Association William Cornell Archbold, Jr., Esquire 1928 – 2013 CEREMONY: Delaware County Court House Court Room #5, Media, PA September 26, 2014


illiam Cornell Archbold, Jr., Esquire, longtime member of the Delaware County Bar Association, passed away on July 18, 2013. At the time of his death Arch and his wife, Janice, lived in Westtown, Pennsylvania for about eight years but they lived over forty (40) years in their ten acre estate “Clock Tower Farm” in West Chester, Pennsylvania. In mentioning Bill Archbold it is common for his many friends and colleagues to use interchangeably “Bill,” “Arch,” “Archie,” and for childhood friends – “Cornell,” but rarely, “William.” Arch, born 15 October 1928, was the son of the late William Cornell Archbold and Barbara Curtis. Arch and his wife, Janice Marie Kendrick Archbold, had been married almost fifty-six years and have two lovely daughters; Cynthia Anne Archbold married to William Fusselmann, and Cassandra Kendrick Archbold and her four children (youngest to eldest): Gwendolen (“Lulu”), William (“Will”), Alexandra (“Andie”) and John Cornell Archbold. Arch maintained a close relationship with his sister, Louise Archbold Bjorklund, 11 months his junior, Arch came from interesting and hearty stock, blue blood for sure, but plenty of red for his clients, and orange for, well, you know. Arch’s grandmother, Helen Cornell, was a niece of Ezra Cornell, founder of Cornell University. (And you always wondered where his middle name came from?!) Arch’s grandfather, William Kibby Archbold (founder of the Archbold Brady Company that erected the steel towers that still bring the electricity from Niagara Falls to New York

City), was in turn a nephew of John Dustin Archbold, co-founder of Standard Oil and a major benefactor of Syracuse University. Arch’s great-grandfather, John Wesley Archbold, was the brother of John Dustin Archbold and was president of the New Jersey Standard Oil. Unfortunately, this largess did not filter to Arch’s upbringing in Swarthmore and he would tell stories of working as a busboy in the Ingleneuk Teahouse in Swarthmore, from age 12, to get dinner and spending money. Arch’s parents had divorced and he and his mother had moved to Swarthmore, Pennsylvania where he attended his beloved Swarthmore High School, Class of 1946. Bill developed his skills and ability in sports while at Swarthmore High School and often regaled gathered friends with stories of playing basketball for Swarthmore High School at Glen-Nor High School. At the time the basketball court was in the bottom of the swimming pool of the school so that they drained the swimming pool and one climbed down into the “court.” A visual of Archbold driving to the basket and barely missing the swim ladder comes immediately to mind. Perhaps that is why Arch gravitated to lacrosse and tennis. Arch’s outstanding voice as a tenor also developed at Swarthmore High. Arch was always an adventurous guy and not afraid to try something new. In 1942 when Arch was only 13 years old, he and a school friend decided to “thumb” or hitchhike their way to Cape May, New Jersey to “check it out.” Shortly after arrival, Arch called his mother on a payphone and said that they were going to “keep going.” What he did not say is that he left Cape May alone and “thumbed” it all the way to continued on page 8

Winter 2014-15


MEMORIAL RESOLUTION Delaware County Bar Association Florida and back. His friend’s mother never forgave him and cautioned all the other mothers to keep their boys out of harm’s (“Cornell’s”) way. The next year he hitchhiked, solo, all the way to California and back, only to find his home barricaded and a note to find another place to stay. Polio was infecting the house and rampaging the health of his sister and step-siblings. He lived for months with Kitty & R. Blair Price and his schoolmate (and oldest friend), Blair, Jr. While at Swarthmore, a High School guidance counselor advised against attending Cornell University and in 1946 at age 17 Arch enrolled at Syracuse University where his father in fact had been raised and where his grandfather, William Kibby Archbold, still lived in the family home on campus. At Syracuse, notwithstanding the Archbold name, Arch worked his way, first living in a boys’ reformatory, stoking the coal furnace and acting as a proctor. He got the night shift at General Electric aligning TV signals. Your co-chair recalls him talking about also waiting tables at the cafeteria. With the money he earned he paid for his sister’s first years in Drexel. No doubt his many visits to Archbold Stadium (now replaced by the Carrier Dome) gave him pause. Arch actually tried out for the Syracuse Football Team and there is a picture of him that still hangs in the team’s locker room today. As Arch told it, “they were looking for men and I was a boy.” Coach Ben Swartzwalder liked his moxie, however, but Arch recognized that with the lineup of returning World War II vets many years and pounds his senior he would not survive physically. So he started practicing with Coach Roy Simmons’ lacrosse team. “Simmie” asked Arch how long he had been a player. Arch told him “never, but I did play catch with my step-sister Grace who was All-American.” Recognizing a natural, the coach gave him a full scholarship for the rest of the three and one-half years and Arch played first string all four years starting every game that was played. His proudest moment was when coach was quoted saying his mid-field was the best

8 | Winter 2014-15

he had ever coached Most members of our Bar Association still think of Syracuse University in the same blink of an eye with Bill Archbold because he was such an avid fan and alumnus. After graduation from Syracuse in 1950, Arch traveled through Great Britain, Scandinavia, Europe, North Africa and the Middle East, ending up on the high seas on a ship as a “shanghaied” “oiler.” The long arm of the draft board found him on the ship and he was actually happy to leave the 130 degrees in the engine room ending up as a First Lieutenant in the United States Army in 1950 and 1951 during the hellacious Korean Conflict where he was an Assistant Battalion Surgeon and served at the Battles of Heart Break Ridge, Old Baldy and Pork Chop Hill. Arch received the Army Bronze Star as well as a decorated Medic’s Badge. Further demonstrating his loyal service to our Country he received the UN Medal Korea and three Battle Stars with the medal. Arch’s perseverance and stamina gave him notoriety in Korea. His true story was retold in “The Stars and Stripes” and was picked up by the AP and published in the “New Yorker”: on the Korean front line, separated by a series of desolated hills from the enemy on the other side, he kept in shape by “chuggying” up the battle scarred loose gravel face and climbing to a lateral line just below the ridge. To begin the climb he had to cross a river filling his boots with water slowing him down. He mastered the crossing “knowing where the stones were” and got the timing down to a reliable twenty minutes to appear at the end of the ridge visible through field glasses. Arch’s medical company would often invite those unsuspecting visiting officers to place a bet that “Lieutenant Archbold could never cross that river and get to the top of the ridge there in the far distance in twenty minutes.” They always showed their money and the Company always took it. To say that Arch was an ardent Syracuse alum would be no exaggeration. In fact, Arch not only played lacrosse for Syracuse (a national power in that sport) but he has been taken into the Syracuse

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University Hall Of Fame for his lacrosse skills. Only Arch would drop everything while vacationing in the Florida Keys to run up to New Orleans to watch a Syracuse NCAA finals basketball game. Arch had many photographs taken by him in Korea and his commanding officer, Cap’t Verne Chaney, M.D. (becoming Arch’s best man in 1957), which he would share with colleagues and members of the law firm. Perhaps the most memorable photograph was one which features a Catholic priest attempting to serve Mass on a hillside in Korea with six or seven men kneeling near him. There literally was not a square inch of growth that had not been disturbed nor a tree that was not left in splinters. It was a visual demonstration of the horrors of war. Arch was clearly “in harm’s way.” It was while Archie was actually attending a Fifty Year Reunion of his military unit in Korea with a side trip to China on September 11, 2001 that the Twin Towers 9/11 attack in New York City took place. Judge McEwen recalls Arch’s combat story of being out in the open near a tree when his Master Sergeant screamed at him, “quick get behind the tree,” which he and the Sergeant did. About two seconds later “incoming” artillery wiped out the spot where they had both been standing. Arch said he always listened to his Master Sergeant. Many years later while Arch and Jan were visiting Cynthia in South Beach, Miami, Florida, they were dining at a restaurant owned by the British actor Michael Caine. As anyone who knew Archie would understand, within minutes the guy Arch was talking to was Mr. Caine and he learned that Michael Caine before becoming an actor had been drafted up from his village in England and sent to Korea in the war as a “grunt.” It was Caine who observed to Arch that his unit always knew the waves of North Korean soldiers were coming at them because of the wafted fragrance of garlic, a main staple of the Korean diet. After surviving the hell of Korea, Arch enrolled at George Washington University Law School in Washington, D.C. in January 1953. Two months later he attended a Cherry Blossom Festival and Arch, an erstwhile photographer, photographed the floats and pretty girls including one of Janice Marie Kendrick, “Miss Ohio,” then age 16, as she floated down Pennsylvania Avenue. Arch had always been a singer since choirboy days at Trinity Episcopal Church in Swarthmore and Glee Club in Syracuse so he was chosen for the Traveling Troubadours at GWU led by a DC Obstetrician, Robert Howe Harmon, MD, and his wife. Arch was in a quartet in that group and during Christmas break, when the group’s soprano was hospitalized with appendicitis, Jan was called in to join the group as it flew C-54 troop carriers to Bangor, Maine, Greenland and beyond to entertain the troops. As Miss Ohio went, so went Bill Archbold thereafter. His now fiancé Jan particularly enjoyed attending the GWULS mock-trial finals in which Arch defeated a young fellow from Scranton, Pennsylvania named Robert Casey shortly before graduating in the Spring of 1955. Arch

and the future Governor maintained a cordial relationship through both of their lives. Arch’s pride and love for his wife Janice were always present particularly his admiration for Janice as she, in her true “captain of industry mode,” went on to form Anthurium Solutions, Inc., a technology solutions company which has successfully asserted many patents in various US Courts. And of course Archie “glowed” with the successful careers of his two daughters. For over 120 years Arch’s extended family owned a cottage on Lake Keuka in the finger lakes of New York. Arch, Jan and daughters spent a good part of the summer in their lakefront Circa 1880’s cottage. Arch just loved running his classic 1930’s Chris Craft mahogany speedboats around the lake or racing his cousin, Curtis Brayer, a Miami Yachtsman and renowned boat racer. And Arch loved to water ski. It was probably because of this “water sign,” that when his law partner Joe O’Brien asked Arch in 1974

if he wanted to “buy in” for a share of a thirty foot sailboat being purchased from a Federal Judge in Delaware, Arch said, “put me down for a third.” Over the ensuing sixteen years the intrepid sailors Archbold, O’Brien and Oral Surgeon Dr. Michael Ryan managed to own six sailboats culminating in a sixty-five foot sailboat which frankly was not a one person operated boat, not that it was not tried. Archie would often fly in to join the crew where they would do a typical trip of one partner taking the boat to Block Island and Newport, Rhode Island, and another partner, Archbold, taking the boat to Martha’s Vineyard and returning it to Norwalk, Connecticut, and the third partner, Dr. Michael Ryan, bringing the boat back south past Atlantic City up through the C&D Canal to the Chesapeake and its regular berth in the Great Oak Marina on Fairlee Creek. After passing both the District of Columbia Bar and the Pennsylvania Bar in June 1955, he learned of his acceptance by telegram from his fiancé, Jan, while continued on page 10

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MEMORIAL RESOLUTION Delaware County Bar Association he was on tour in Europe singing with the Troubadours. Upon deliberation with himself, he decided to turn down the Radio City Music Hall contract for Fall 1955 and instead, he headed to Media PA to earn $25 week as Hodge Hodge and Cramp’s apprentice. Arch eventually became a member of the Pennsylvania Supreme Court, the U.S. Supreme Court, U.S. Circuit Court and the U.S. District Courts. To say that Arch was a civil litigator would be to say that Hersey only sells chocolate. Arch completely threw himself into every case literally feeling the pain, loss and discomfort of every victim and their damages. Arch achieved one of the first million dollar verdicts in Delaware County in the 1960’s in trial before the Honorable (and occasionally difficult) John V. Diggins who complimented “Bill” on his conduct of the trial. Arch felt the pain of every injured client and bled for them. He was a “bleeding heart” for his clients and friends in the truest and nicest sense of the word. He had few enemies in the courtroom and whether he won or lost he had only good things to say about the court and opposing counsel. In 1957, after a 3-month European honeymoon, returning with literally one dime in his pocket, Arch joined with George E. Kearns, Esquire, to form the firm of Kearns, Archbold, Maffei & Kelly. (Yes, our John Maffei, Esquire and yes, the Honorable Robert F. Kelly, U.S. District Court for the Eastern District.) In 1962 he joined the Chester law firm of Bloom Archbold Ramsey and Kelly. From 1962-1963 Arch was a Delaware County Public Defender and in 1963 Arch joined the firm of Kassab Cherry & Curran to become the firm of Kassab Cherry Curran & Archbold (“KCCA”). The Kassab Archbold firm ultimately evolved into Arch’s membership at his passing – Kassab Archbold and O’Brien LLC/KAO Law Associates, still in practice. During the mid-sixties the Kassab Cherry Curran and Archbold firm, after a write up by Philadelphia Magazine, became known as the “whiz-kids” with the firm’s representation of the Nilon

10 | Winter 2014-15

Brothers (yes, our Jack’s father was a Brother) who controlled the entity Intercontinental Promotions which had the contract rights to Boxing World Champion, Sonny Liston. Arch not only attended the famous loss of Liston to Ali in Miami but also the debacle in Maine and thoroughly enjoyed those heady years. As an active trial lawyer Arch served on numerous judicial committees and in 1972 he served as the President of the Delaware County Bar Association in its Centennial Year. He was a prime mover in efforts to restore the 1724 Court House in Chester. The Delaware County Bar Association was recognized by the Delaware County Chamber of Congress as “Organization of the Year” for the Chester Court House restoration efforts. Many persons will recall that on Law Day, May 1, 1972, the celebration of the Restoration of the historic Chester Court House was attended by the Chief Justice and all Justices of the Pennsylvania Supreme Court and our Delaware County Court as well as the Presidents of all of Delaware County’s colleges and universities. A massive parade was arranged to run down Market Street (now Avenue of the States) in Chester lead by legendary African American singer and Chester native daughter, Ethel Waters, who in fact had survived life in the infamous Bethel Court in Chester before becoming a world famous singer. And Arch led on. KCCA moved to their “Million Buck Home” on Jackson Street in Media in 1973 and Arch celebrated the elevation of his dear friend Robert E. J. “Bobbie” Curran to become the United States Attorney for the Eastern District of Pennsylvania. Arch watched the firm grow to twenty-five attorneys by 1987; then the largest in Delaware County until the Rule of 20 hit. [Any Delco law firm exceeding 20 lawyers was bound to split up.] Sure enough, four weeks after celebrating the firm’s 25 years it ‘downsized’. And Archie practiced on. Arch was involved in so many activities it makes the mind blur. He was a Founding Member of the National Board of Trial Advocacy and a Trustee

continued from page 9

of the Thomas F. Lambert Chair Suffolk University School of Law of Boston, a Founding Member of the Public Justice Foundation, Author of “Wrongful Death Damages of the Late Good Wife and Mother” and Co-Author of the Pennsylvania No-Fault Motor Vehicle Insurance Act. He was recipient of the Guy G. DeFuria Inn of Court award in 2000, the Elizabeth C. Price Award of the Delaware County Bar Association in 2003, the Golden Geezers Award in 2002, Man of the Year Award of the Lawyers Club of Delaware County Bar Association in 1971, Letterman of Distinction Award Varsity Club Syracuse University, Marvin A. Eggers, Sr. Alumni Award Syracuse University 2004, Honorable Paul R. Sand Award of the Delaware County Bar Association 2006, Member and Trustee of the Melvin E. Belli Society, Pennsylvania Bar Association. Arch and James Beasley were Founding Members of the Pennsylvania Trial Lawyers Association (and now Pennsylvania Association for Justice) and Arch served as its first President. He served as a director of the Syracuse Alumni Association and was a director of the Syracuse Athletic Board. With his beautiful tenor voice, Arch sang with many groups and many Lawyers’ Club events in the Bar originally working on a Lawyers’ Club Christmas Play Committee which included such notables as the late Judge Joseph DeFuria, George McConchie, Bobby Curran, Drew Forbes and Steve McEwen as members of the script committee: everything rhymed and there were no rolls or epithets thrown… As an outspoken member of the plaintiffs bar Arch often directly or indirectly supported political candidates who stood up for the rights of personal injury victims and the right to trial by jury. As Delaware County experienced its “Lawyers in Love” moments with law firm mergers, breakups, separations and occasionally law suits between and among various former colleagues and partners Arch persevered, continuing his stellar efforts for the injured and beleaguered,

come hell, high water and occasionally ….. no weekly draw! And one does not think of Arch without mention of his able legal assistant and right–hand person and friend, Kathy Morroni who loyally assisted him for many years in his practice as the perfect foil to Archie’s contagious sense of humor. When Speaker Matthew J. Ryan and Honorable Patricia Jenkins joined the Kassab Archbold law firm in the early nineties it was like old friends had moved next door to Arch. He and Matt had already been long time friends and with adjoining offices in the 214 North Jackson building, stories and jokes rolled back and forth. Arch and Matt truly admired, respected and loved each other. Yes, Arch’s contagious laugh that filled so many court rooms, conference rooms and living rooms will be heard no more but the spirit of Archie continues. We miss the man, the heart, the lawyer… Respectfully submitted, Chairs Joseph Patrick O’Brien, Esquire, Co-Chair Honorable Stephen J. McEwen, Jr., Esquire, Co-Chair Honorable Patricia H. Jenkins, Esquire, Co-Chair Honorable Robert E. J. Curran, Esquire, Co-Chair Committee Members Honorable Robert F. Kelly Honorable Gregory M. Mallon Honorable G. Michael Green Honorable Barry C. Dozor Honorable Michael F. X. Coll Honorable Charles B. Burr, II Honorable James F. Proud Stephen A. McBride, Esquire Stephen Carroll, Esquire Michael F. Wenke, Esquire Richard A. Mitchell, Esquire J. Michael Sheridan, Esquire Michael R. Sweeney, Esquire Stephen Carroll, Esquire Christopher Peifer, Esquire John J. Maffei, Esquire Patrick S. Mintzer, Esquire John Yanoshak, Esquire Joseph E. Lastowka, Jr., Esquire Marian H. Shiflet-O’Brien, Esquire Frank W. Daly, Esquire Kenneth D. Kynett, Esquire Colleen M. Neary, Esquire K. Kirk Karagelian, Esquire Michael L. Murphy, Esquire Vincent B. Mancini, Esquire Richard Stanko, Esquire Francis E. Baldo, Jr. Esquire

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Cost Effectiveness of Mediation

he costs of commercial, business and employment litigation continue to spiral out of control. The need to review emails, text messages and social media has only worsened the problem. For cases between $50,000 and $200,000, resolving disputes through litigation may be more expensive than the case is worth. Mediation presents a cost effective alternative in these cases, particularly when used before litigation or immediately after a lawsuit is filed. Of course, cases involving less than $50,000 can be resolved cost effectively in magisterial district courts and arbitration. In magisterial district courts, civil disputes $12,000 or less are resolved in trials that prohibit discovery, are scheduled less than 60 days after filing, and require a decision within five days after trial. Court arbitrations take place no less than nine months after appeal from district court or initial filing. While discovery is permitted prior to the arbitration hearing, generally parties engage in only limited discovery before the arbitration hearing. Rules of evidence are relaxed: parties may admit certain documents like hospital and doctors’ reports, expert reports and bills, if provided to all parties at least twenty days before the arbitration. A hearing generally takes a few hours and arbitrators file the award immediately afterward. In contrast, at the Court of Common Pleas, parties generally proceed with full-­blown discovery limited only by the judge’s scheduling order. Electronic discovery particularly drives up costs. One deposition might cost as much as a few thousand dollars including court reporter, transcript and attorney fees. With the addition of multiple depositions, litigation seeking damages in the $50,000 to $200,000 range may cost too much to be worthwhile for parties and lawyers. Mediation offers a remedy. In mediation proceedings, parties may disclose the

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full facts of their case to each other and the mediator, and explore the possibilities of settlement in a confidential atmosphere guaranteed in most situations by Pennsylvania law (28 Pa. C.S. 5549) and a written confidentiality agreement. An evaluative mediator can bridge the gap by critically viewing each party’s case and claim for damages, and offer a proposed settlement number based on experience about how the case might be viewed by a judge or jury. Other cases might require a different approach, facilitative mediation. This kind of mediation might be appropriate where redress through damages might not be enough. For example, it might be appropriate where parties have business or personal relationships that they wish to preserve. Here the mediator assists the parties in finding their own solutions, rather than suggesting them. The mediation generally begins by a joint session with the parties. At the outset, each party shares their accounts of the dispute. Then, separate sessions with the mediator allow each party to tell their story more freely. By shuttling back and forth between the parties, areas of common ground, objective criteria to use as a basis of settlement, and the parties’ interest start to crystallize. By honoring both parties’ interests, this kind of settlement permits both parties to maintain important personal and business ties. Facilitative mediation is applicable to many areas. A supplier dispute with a car dealership can be resolved with barely ruffled fur, preserving their business relationship. A commercial landlord-­tenant dispute might be resolved prior to or at the beginning of litigation, preserving the possibility of future contractual relations. A businessperson with a dispute that might scare off investors or sour a pending business deal might be expeditiously resolved. Workplace disputes where feelings and interests are aired and resolved might save both parties’ jobs

and potentially avoid court or the EEOC. Mediation between family members in an estate dispute might allow parties to air childhood grievances and avoid decades of acrimony. The Equal Employment Opportunity Commission (“EEOC”) boasts great success in mediation. Conducted by staff and volunteer mediators, EEOC’s statistics demonstrate at least a 70% success rate in resolving cases since 2005. mediation_stats.cfm. Requiring a confidentiality and mediation agreement signed by all in attendance, the EEOC mediator elicits both parties’ accounts in a joint session. By sharing their accounts both jointly with the opposing party and individually with the mediator, each party finds validation. As the mediator shuttles back and forth, areas of agreement emerge. Breaking down damages to individual categories and providing concrete undisputed numbers assist the process. Parties can find areas of agreement in individual categories of damages while creatively offering other options to resolve the matter. Non-­monetary relief such as apologies, reinstatement and neutral job references push forward settlement. Since the process is non-­ adversarial and the mediator maintains the proceedings’ civility, as the parties achieve small agreements, they gain confidence in the mediator and in the process and are willing to create more options. Mediation offers an affordable means of resolving disputes. It can drastically curtail costs pre-­litigation and in the early stages of litigation in commercial, business and employment cases. Hon. Stephanie H. Klein (Ret.) served as Magisterial District Judge in Media District Court for 18 years. She is a mediator and arbitrator in Delaware County.



The Justinian Society of Delaware County Annual Dinner Celebration Society Members Honored Jaclyn Zappacosta

who began her distinguished career as an FBI Special Agent working on significant undercover investigations in the US and abroad, many of which have been featured on NBC Dateline, the BBC and the Learning Channel. Jaclyn was the team leader in charge of the FBI’s investigation of foreign cells related to the 9/11 “Pentbomb” investigation.

Scholarship Recipients... Maria Angelo

B.A. from Villanova University in Psychology, 2010 JD expected from Widener University, May, 2015 Presently employed as a contract specialist for GSA

November, 2014.

Founded in 1935, the Justinian Society is a legal organization comprised of attorneys, judges and law students of Italian-ancestry. Justinian Society members celebrate generations of involvement within the legal community; are engaged in activities directed toward fostering a spirit of good fellowship; maintaining honor and dignity of the legal profession; performing civic duties; administering justice; and promoting the study of law. The Society promotes continuing education in law; supports the advancement of qualified and distinguished Justinians in public office; serves the Italian-American legal profession and the community; and strives to uphold a positive image and take action against negative stereotyping against Italian-Americans. “Justinian” by artist, Elizabeth C. Price. The original painting was first awarded to Francis G. Pileggi – Founder and First Chancellor, Justinian Society.

Maria’s parents, Frank and Susan Angelo (front); and Maria’s husband, Steven DiGiovanni; join Maria in celebrating her success at the Justinian Dinner. She has represented the FBI as a recognized speaker and authority on many topics including financial crime, contaminated products and counterfeit prescription medicines. Jaclyn is the recipient of numerous awards including the FBI’s Director’s Award for International Investigator of the Year (2006) and the FBI Headquarters Strategic Execution Team Award (2010). She recently left federal service and works in the N.J. State Comptroller Office. Albert M. Greto, Esquire, Chancellor, Justinian Society, recognizes Jaclyn Zappacosta with the Justinian Award. Jaclyn Zappacosta’s ItalianAmerican roots are firmly embedded in the Philadelphia suburban area!

Mary Emily Pagano

B.S.B.A from University of Pittsburgh in Marketing, 2012 JD expected from Villanova University, May, 2015 LLM expected in Taxation, December, 2015.

Proud parents, the Honorable George A. Pagano and Mary Emily Pagano

Winter 2014-15

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September 11, 2014. Delaware County Remembers 9/11!

Delaware County paused on 9/11 with the rest of the nation to honor first responders – those who gave their lives 13 years ago, and those who continue to serve the communities. In its grand and committed style, Delaware County hosted a ceremony in Rose Tree Park on the lawn between the memorials to Law Enforcement and Fire/ EMS Personnel. The memorial honoring county residents who died on September 11, 2001, was dedicated and placed in 2008; the county has since honored their pledge to return each year in remembrance. On 9/11/14 the pledge was again honored, as Delaware County returned to the site of the memorials. On September 11, 2014, the site of the memorials in the park was flanked by two “long blue lines” of personnel from around the county. District Attorney Jack Whelan, who presided over the ceremony, spoke of the county’s high regard and continued support for local first responders. Other speakers and guests included members of county council, county officials, and representatives for all first responder agencies. Led by two bagpipers from the county’s park police, the honor guard presented the colors and took their place inside the

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two circular memorials. President Judge Chad F. Kenney, Delaware County Court of Common Pleas, thanked first responders for their sacrifices and for the respect that members show to the courts in daily business. Harry Hairston, award winning reporter for NBC 10 and Delaware County resident, was humbled and honored as keynote speaker. The county delegation

placed wreaths at the memorials, accompanied by “Taps” at the law enforcement site and traditional piping of “Amazing Grace” at the Fire/EMS site. The benediction was given by Rev. Perry Messick, Chaplain of the Collingdale Fire Company No. 1, who emphasized what we can accomplish as a nation with strength and cooperation. Delaware County will “Never Forget!”

“Poor is the nation having no heroes; shameful the one that having them, forgets.”

September 26, 2014. “Hear Ye, Hear Ye, Delaware County turned 225 Years Old!”

Three hundred and thirty two years ago when Quaker William Penn disembarked from his ship, The Welcome, and first set foot on the shores of Chester to claim the colony granted him by England’s King Charles II as payment of a debt to his father, his Holy Experiment of religious freedom was born. And, so was Chester County. Delaware County was part of Chester County until 1789. The original Courthouse for the entire region was the Chester Courthouse, built in 1724 and located in the City of Chester. Farmers from the westernmost regions of Chester County, tired of traveling many miles to Chester, sought a seat in government and commerce closer to home. They moved everything to Turks Head which later became West Chester; appropriate, it was west of Chester. This location then proved inconvenient to those living in the eastern regions, particularly those near the thriving mills along the Delaware River. In fact, records indicate that having the county seat in West Chester be-

FEATURE came aggravating to the people of Chester (city) beyond endurance. A fight actually developed between the eastern and western segments of the original county and armed forces from Chester marched out to West Chester for battle. That first conflict between the “removalists” and the “Chesterites” almost culminated in armed confrontation; ultimately, it was settled “by a well-placed keg of whiskey.” Finally, “in the year of our Lord, One Thousand, seven hundred and eightynine,” the original county was split into Chester and Delaware counties. An act of the Pennsylvania General Assembly marked the line dividing the counties of Chester and Delaware by “a line nearly straight as may be, so as not to split or divide plantations.” Delaware County was born on September 26, 1789! At that time, the seat of government was still in the City of Chester for the 184 square miles that now comprise Delaware County and its 49 municipalities. Even though it was renamed, the area that is now Delaware County continues to represent the oldest settled section of Pennsylvania, and continues to be home to one of the most esteemed public buildings in United States, the Old Chester Court House, built in 1724. In celebration of the county’s great history, all residents were invited to the ment, education, culture, commerce and quality of life. Delaware County . . . a small county land-wise, but a great county that has grown and thrived for over two centuries!

11/11/2014 at 11:11 a.m. Delco Shows Love for Veterans at the 55th Annual Parade!

225th anniversary at a living history festival on September 27th, in front of a very appropriate and stately back drop for the festival, the Delaware County Courthouse in Media, built in 1889. County Council partnered with the Heritage Commission, the Brandywine Conference and Visitors Bureau, the Pennsylvania Colonial Plantation, Hedgerow Theatre and several performing troupes to stage a grand birthday celebration! The event spotlighted key people who contributed to the history and success of Delaware County including abolitionist Thomas Garrett, railway innovator Thomas Leiper, inventor Armand Spitz and architect Frank Furness. Building upon the rich history, Delaware County continues to thrive in economic develop-

Armistice Day (which coincides with Remembrance Day and Veterans Day, public holidays) is commemorated every year on November 11th to mark the armistice signed between the Allies of World War I and Germany at Compiègne, France, for the cessation of hostilities on the Western Front of World War I, which took effect at eleven o’clock in the morning—the “eleventh hour of the eleventh day of the eleventh month” of 1918. The Delaware County Veterans Day Parade is one of the largest in the area, if not the largest! All veterans with past military service and those in uniform, are encouraged to attend with family and friends to salute their brothers and sisters who have proudly served our country. Hundreds lined the streets of Media which reeked of respect, dignity and admiration for the veterans. continued on page 16

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FEELING THE LOVE IN DELAWARE COUNTY The parade followed the traditional route west in the borough on State Street from Edgemont to Orange Street, north to Front Street, then left and concluding before the reviewing stand of the Delaware County Courthouse where the ceremony was held. This year, the Delaware County Veterans Day Parade honored “The Greatest Generation,” as coined by writer and journalist Tom Brokaw: those individuals raised during the Depression and called to war just as they were coming of age. The ceremony, and great it was, featured the Masters of Ceremony and parade organizers, Bob McMahon; Mayor of Media and Vietnam Veteran; and Bob Dimond, Korean War veteran. Both represent the Veterans Legacy Project and attempted to recognize each veteran by name as they passed the reviewing stand at the Delaware County Courthouse. Through the dedicated works of Honor Flight Philadelphia (more information about

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continued from page 15

this network to follow), more than 70 of the approximate 100 World War II veterans in attendance at the parade had been invited to the parade, transported and identified through this network. VFW Post 3460 of Media was the host veterans’ organization, with collaboration from Media American Legion Post 93. All in attendance in the celebration of our veterans’ service, all who “felt the love” included other military units; elected officials; members of the Media Borough Council; Delaware County Council; Pennsylvania General Assembly; representatives of the educational sector including administration, teachers and students; and a host of community organizations. It is so fitting that in closing, I quote the Motto of Honor Flight Philadelphia: “We can’t all be heroes. Some of us have to stand on the curb and clap as they go by.” – Will Rogers

Note: Honor Flight Philadelphia, annually, and through charitable contributions, transports America’s able veterans to Washington, D.C. to visit those memorials dedicated to honor their service and sacrifices. The philosophy behind their mission is that because America felt it was important to build a memorial to the service and the ultimate sacrifice of her veterans, the Honor Flight Network believes it is equally important that they actually get to visit and experience THEIR memorial. Top priority is given to America’s most senior heroes – survivors of World War II and any veteran with a terminal illness who wishes to visit THEIR memorial. The program will naturally transition to Korean War, Vietnam War and all other veterans who served on a chronological basis. “Feeling the Love in Delaware County” articles were compiled and submitted by Tracy E. Price, Editor



For the Love of Your Country

was watching our Media Veterans Day Parade go by, a tradition in our office, and I felt a great deal of pride for those who have served in our military. Only 7% of the general population serve in our military – a select group indeed. Taking it upon myself to call some of our vets, and prompted by Colleen M. Neary, Esquire, who wrote her own article for the DelCo re:View in 1998, I was impressed by the responses I received from the few with whom I spoke. John A. Prodoehl, Jr., Esquire, served in the Navy in the Mediterranean on an ammunition ship, and, through his dedicated service, was awarded the European Occupation Medal. He recalled that being in the military was the best thing that ever happened to him. He learned discipline and his experience opened his eyes to others. He also recalled that the years he spent in the military allowed him to see and experience many other countries, placing his country above all others. Daniel C. VanWyk, Esquire, was on active duty in the Air Force for three years in North Carolina and three years in Colorado. When he left active duty, he joined the National Guard and remained therein from 1984 to 2012, having recently retired as a Brigadier General! He remarked that he is proud of his service to his nation and feels that he contributed to something much bigger than himself. His love of country is self-evident. Joseph J. DelSordo, Esquire, served in the Artillery Corps of the United States Army. He became a Second Lieutenant and, following artillery school, he was retained at Ford Sill, Oklahoma, as an instructor – having volunteered for Vietnam! During his service, Joe recounts that he learned his limits, that you can work to exceed those limits; his love of country and patriotism was increased; and he was impressed by how much he

was entrusted with at such a young age. He was, he recalls, forced to grow up at an early age. Richard M. Heller, Esquire, served in the Air Force from 1967 to 1971 in the Middle East and was detailed to the National Security Agency, in counterintelligence. He was placed in charge of the Armed Forces Courier Service, distributing secret material throughout the Middle East. He served more than four years before he then went to law school. He recalls his service had a lot of to with his personal growth. He feels that we all must do our part and he is hopeful that he did his part for his country. Michael R. Sweeney, Esquire, served in the United States Navy for four years. He served on the USS Constitution and the USS Ranger in the Gulf of Tonkin during the Vietnam war. He was a member of a nuclear weapons loading team, working on the ever dangerous flight deck of the aircraft carriers. His military service, Mike says, did a lot to straighten him out after high school and before college. He became more organized and not only saw the world, he figured out some of its mysteries. His military service gave him a heightened respect and admiration for his country. Leonard A. Sloane, Esquire, is a Vietnam veteran, having served in the Navy from 1970 to 1972 and he was the weapons officer aboard the USS Durham in the Pacific fleet. The mission of his ship was to transport equipment, troops and cargo to and from DaNang, Vietnam. He, also, credits his military service for teaching him both discipline and leadership skills. He learned that hard work and attention to detail were character traits that would serve him well through law school and the practice of law. His supervising officer would issue the words of the day­“Overtime is authorized aboard this vessel,” a saying that has remained with Len to this day.

Roger R. Ullman, Esquire, has had a varied career, beginning with seven years active in the Marine Corps. He took 12 years to recuperate and then went into the Army Reserves. Twenty two years later, he retired as a full Colonel. He was active in Desert Storm in the position of military advisor to the Ambassador to Trinidad and Tobago. During his reserve years, he was called to active duty for at least three and one-half months per year! He credits his military service to allowing him to meet and work with people he would never have run into otherwise. This, obviously, enhanced his experiences in life, coming to the obvious conclusion that it is a big world out there! He, also, has a love of country that comes high on his list of priorities for both himself and his family. Two of his three sons are active military, full time, one in his 19th year of service, the other in his 24th year of service. I consider it a privilege to have taken up the time of these seven individuals and having them share some of their thoughts with reference to their military service. You might find that military veterans, especially those of us who have experienced combat, are somewhat reluctant to talk about our experience. I know that you all will respect our privacy in that regard. I also consider it a worthwhile venture into the effect that military service had on these individuals; discipline, hard work, organization, world experience, were important building blocks for their careers. Lastly, I was impressed by the growth of love of country each exhibited in their formative years while in the military service. Veterans Day was November 11th. Please continue to thank a veteran for their service to your country, protecting your freedoms which we all enjoy, both in the present and in the future. Respectfully submitted, RICHARD A. MITCHELL, ESQUIRE Winter 2014-15

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Computing Bootcamp

...Skills for Today’s Legal Warrior


nowing how to use your computer effectively is an essential skill for the 21st century lawyer. So many lawyers today enter the profession with a good grasp of the law but fall short of being “all they could be” because they never trained on the fundamental tool they depend on when preparing for and engaging in battle. A recent seminar presented to a “full house” of attendees at the Delaware County Bar Association, by Robert (“Bob”) A. Strain and Amy Mensch of R&S Design, set forth some computing skills and essential practices for effective computing. At the start of the seminar, Bob asked the audience, “Does anyone know who Casey Flaherty is?” Well, if you have not heard his name, Casey Flaherty, corporate counsel at KIA Motors America, has received a lot of attention recently with a basic tech skills competency audit he administers to outside law firms and the failing grades lawyers at those firms have received. Casey’s competency tech skills audits were derived from a self administered test of basic computer tasks which he performed in four areas, in thirty minutes’ time. Casey subsequently deployed an audit on a population of nine law firms to test the competency of legal services. Each firm was allotted one hour to perform basic computing skills tasks. At the close of the audits, Casey concluded: “Lawyers are generally, woefully deficient in using the tools (software) at their disposal.” All nine law firms failed; the highest scoring performed the tasks in slightly over two hours, while it took the lowest scoring firm over eight hours. Casey ultimately cut the firms’ billing rate

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for services performed because “work the firms are paid to do has to be done reliably and proficiently.” Pennsylvania attorneys are required to have computer competency pursuant to Rule 1.1 of the Rules of Professional Conduct which states: A lawyer shall provide competent representation to a client . . . The comments to the Rules state that to maintain competence, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. There has always been an ongoing conversation of what basic technology skills lawyers need. The ABA’s Ethics 2020 recommendation that a basic knowledge of common software techniques be a part of the definition of “competence,” has also shined the spotlight on this issue. The use of technology is changing the practice of law – it is disrupting legal services. More than 1.1 billion people use Office. That is 1 in 7 people on the planet! Some of the very basic skills used in Casey’s audits were highlighted during the seminar. In fact, one of the very basic tasks Casey incorporated in his competency audits (where the entire population failed) included a list of 1,000 exhibits that were to be sorted.

DO YOU KNOW . . . • Using Excel you can prepare spreadsheets allowing you to: Sort and arrange relevant data faster and easier; perform mathematical functions instrumental in estates, property settlements, etc.; prepare and format tables; and customize exhibits, perhaps those useful in court. • Word allows you to: Utilize the auto text function to save time in preparing text that you repeat often in documents; capture screen shots, perhaps you saw something on the web that is relevant to your case that you wish to use in a court exhibit; prepare letters, labels or post cards using the mail merge function which is more efficient and requires less effort, thereby saving time and money. • With PDF Files you can: create pdf documents using any type of processing (Word, Excel); combine pdf files (proposals, client lists); or redact pdf data, perhaps there is sensitive information within your pdf files that you wish to remain confidential, it may not suitable for all readers. In conclusion, deadline pressures from clients and courts can border on suffocating. It frequently takes time to save time. There is a story about an expert woodsman who was able to cut down 32 trees in 8 hours using a hand saw. A sales person convinced the woodsman to purchase a chain saw to increase his productivity, probably double his total with the purchase. The first day the woodsman was able to cut down 40 trees, the second day – 38, the third day – 32, the fourth day – just 25. On the

5th day the woodsman returned the chain saw to the salesman stating it was not helpful. The sales person took the saw, pulled the cord, and upon starting the saw, the woodsman jumped back with wide eyes and said . . . well, you get the joke . . . “What’s that noise?” “You mean you have to turn it on?” It’s time to take time to better learn how to use your primary tool in carrying out your work – both in your practice and as an accomplished advocate for your clients. Robert A. Strain R&S Design, Computer Services, Inc. 10 West Front Street Media, PA 19063 (610) 565-5523 x2 R&S Design has been involved in Information Technology since 1987! The diversity of our clients with their different needs has made us well rounded in providing technology solutions. Dependence upon technology is no longer an option for small business, it is a necessity if your business is going to compete in today’s marketplace. Internal efficiency and external relationships rely on the lifeline of Information Technology.

When Experience Matters...

SWEENEY & NEARY, L.L.P. F a m ily

a n d

M a t r i m o n i a l

L a w

Our attorneys are committed to vigorously and responsibly advocating the rights of their clients. With over 75 years of combined experience, we provide quality representation for:

• Divorce • Equitable Distribution • Alimony • Child Support • Child Custody • Adoptions • Prenuptial Agreements

We have been recognized by our peers for inclusion in “The Best Lawyers of America” in the Philadelphia Inquirer, Philadelphia Magazine, the Legal Intelligencer and the Wall Street Journal, as well as the American Academy of Matrimonial Lawyers.

200 North Jackson Street, Media, PA 19063 • 610.892.7500 • Winter 2014-15

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Keep Your Head Above Water . . .

This article was the basis of a seminar for the public, as presented by Delaware County Bar Association member, Kristina M. DeSenze, Esquire.


tormwater runoff is rainfall that flows over the ground surface. It is created when rain falls on roads, driveways, parking lots, rooftops, and other paved surfaces that do not allow water to soak into the ground. These surfaces are known as impervious surfaces. Stormwater runoff is the number one cause of stream impairment in urban areas. Where rain falls on paved surfaces, a much greater amount of runoff is generated compared to runoff from the same storm falling over a forested area. These large volumes of water are carried to our local streams, lakes, wetlands and rivers and can cause flooding and erosion, and wash away important habitat for anything that lives in or depends on the stream. Stormwater runoff also picks up and carries with it many pollutants that are found on paved surfaces such as sediment, nitrogen, phosphorus, bacteria, oil and grease, trash, pesticides and metals. These pollutants come from a variety of sources, including pet waste, lawn fertilization, cars, construction sites, illegal dumping and spills, and pesticide application. Researchers have found that as the amount of paved surfaces in the watershed increases, stream health declines accordingly. In Pennsylvania, the common law rule for stormwater management is what is known as the “Common Enemy Doctrine” which finds its roots in the doctrine of Negligence. The Common Enemy Doctrine views naturally flowing water (such as stormwater) as the “common enemy” of all people, who must act to protect themselves from the natural consequences of that flow. The doctrine imposes a duty to use your property in such a way that it does not cause injury to your neighbor’s property, however, that duty is limited. Under the common enemy doctrine, a landowner in urban areas is liable for the effects of surface water running off of his property only if he either: diverts the water from its natural

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channel by artificial means; or, unreasonably or unnecessarily increases the quantity or changes the quality of water discharged from his property. This means your neighbor may do things like re­grade his property or erect buildings, even though this may result in some change in quality or quantity of the water flowing to your land. This is because such changes or alterations in the surface may be essential to the enjoyment of your neighbor’s property. “Enjoyment of property” typically refers to getting the most beneficial or profitable use from the land; and Pennsylvania has very strong property rights. Pennsylvania passed the Stormwater Management Act, which requires anyone engaged in alteration or development of land that may affect stormwater runoff to take necessary measures to prevent injury to health, safety, or property of others. The Act authorizes civil remedies for violations, but be aware, if the responsible party is a governmental unit, a property owner’s ability to recover damages will be severely limited if not barred all­together because of sovereign immunity. So, in summary, under the common law Common Enemy Doctrine, your neighbor is only liable to you for damage from stormwater if your neighbor does something to change the course of the flow of water from its natural course by artificial means. But your neighbor would not be liable for naturally occurring changes in the landscape that change the course of a stream resulting in more stormwater runoff onto your property. The other way your neighbor could be liable under The Common Enemy Doctrine is if your neighbor unreasonably or unnecessarily increases the flow of water to your property or pollutes the water flowing onto your property. To summarize liability under Pennsylvania’s Stormwater Management Act, your neighbor is only liable to you if he develops his land and it increases the

FEATURE amount of stormwater running onto your property OR he develops his land and fails to manage the quantity, velocity, and direction of resulting stormwater runoff so that it protects health and property from possible injury. The difference between the two is essentially in the remedies. The Common Enemy Doctrine allows for damages and things like injunctions. The Stormwater Management Act also allows for damages and injunctions, but it also declares the violation a public nuisance and permits recovery for the costs of litigation.

Appeals and Briefs

Stormwater management tips for homeowners: We all know stormwater is a problem and your ability to recover from an unpleasant neighbor is severely limited, so how do you manage stormwater on your property? And why should you care? It is important to manage stormwater because stormwater can overflow and flood our sewer systems (known as Combined Sewer Overflows), which in turn overflows into our creeks and rivers where we get our drinking water. That means untreated or polluted water ends up in our drinking water. Stormwater runoff also prevents groundwater recharge, which contributes to water shortages during periods of drought.

Anthony J. Vetrano

610.265.4441 630 Freedom Business Center, Suite 215 King of Prussia, PA 19406

Here are a few ways you can manage stormwater on your property and reduce pollution in our waterways: Winter De­icing is one way to reduce pollution from stormwater runoff. Salt for winter de­icing is a major contributor to waterway pollution: high concentrations of salt can damage and kill vegetation and decrease biodiversity in freshwater ecosystems. There are many alternatives to salt sold commercially in hardware stores. These are admittedly more expensive (except for sand) but all help increase the efficacy of salt. Beware that some of these alternatives are advertised as “environmentally friendly” but have a high phosphorous content which can cause algae blooms, which deplete oxygen and destroy ecosystems. Toxic algae blooms can poison drinking water, kill fish and biodiversity, and make the water unsafe for human use and consumption. Planting trees is a great way to reduce stormwater runoff. A single deciduous tree in an urban or suburban setting intercepts between 500­-700 gallons of water per year. This is accomplished through a process known as “evapotranspiration,” when a tree absorbs water through its root system and “breathes” it out through its leaves, which evaporates into the atmosphere. Rain gardens and dry wells capture rain runoff from your roof and let the water percolate naturally into the ground and restore groundwater sources. Rain gardens use native plants and landscaping to soak up rain water. Studies have shown that that first one­inch of rainfall accounts for the bulk of pollutants in stormwater runoff. A rain garden is designed to hold this one­inch of rainfall and slowly filter out the common pollutants in the water: oil, grease, and animal waste.

Dry wells are excavated pits filled with stone or gravel that temporarily store stormwater runoff until it soaks into the surrounding soil. This also cuts back on pollution discharging into our drinking water systems and aids in groundwater recharge. Rain barrels collect and store stormwater runoff from rooftops. Rain barrels reduce sewer overflow to our creeks and rivers by helping to reduce the burden on sewer systems. Rain barrels also reduce your water bill; you can use your rain barrel to water your garden or lawn, and other outdoor activities like washing your car. Kristina M. DeSenze, Esquire, of Berman & Asbel, LLP – Media, Pennsylvania. Kristina was selected as a member of the 2014-2015 Pennsylvania Bar Association Leadership Institute class. The Institute identifies and prepares the best young and recently admitted lawyers who are representative of the diversity within the PBA membership to take leadership positions. Kristina is a member of Pennsylvania Bar Association’s Environmental; Agricultural; ByLaws; Animal; and Shale Energy, Law Committees. She is the Founder and Chairwoman of the Delaware County Bar Association’s Environmental and Energy Law Committee; and an active member of the Delaware County Bar Association’s Young Lawyers Section; Judicial Selection and Retention Committee; and, the Law Day Committee. In addition, Kristina is involved with a number of local environmental, conservation, and agricultural groups; and volunteers her legal services to the Delaware County SPCA. Winter 2014-15

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Pictured (L to R): Joe Farley, Jerry Montella, Joe Farrell, Bob Curran, Ray Peppelman, and Dave Hennessey.

Who are you calling a


October. A GEEZER is any member of the Delaware County Bar Association for more than 25 years. Annually, the Geezers join for dinner at Aronimink Golf Club, and all eligible “Geezers” are invited to attend in honor of a Geezer and a Golden Geezer. This year, the Geezers welcomed the class of 1988 and honored Courthouse Geezer, Gerald C. Montella, Esquire; and the Golden Geezer, F. David Hennessey, Jr., Esquire. The Club invited Speakers/Authors, Joseph Farrell and Joseph Farley.

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elcome to the Club! Gerald C. Montella, Esq., “Jerry,” started his

25 year employment at the Courthouse with Judge Diggins in 1986, who at that time was a Senior Judge. Judge Diggins interviewed Jerry for about 10 minutes at which time Jerry was “advised” by the Judge to take the job at the salary he “suggested” and start the next day as the Asbestos Administrator. Some 24 years later, Jerry has worked directly in various administrative and law clerk positions for Judges Bloom, Levy, Reed and President Judge Catania before he was appointed District Court Administrator in ’89. Jerry has served all of the PJs since: President Judges Toal, Sereni, Battle, Clouse, Zetusky, Cronin and Kenney. During that time he has worked with over 50 Judges. Jerry has been involved in all of the major court projects over the past years including, video conferencing, digital recording, renovations, specialty courts and case management systems. Jerry is most proud of creating the Juror Donation Program in 2003, which to date has raised over $630,000 to assist children with special needs in Delaware County for CYS, Domestic Abuse Hero Scholarship, Operation Warm and CASA. Jerry is a graduate of Villanova University and Widener University School of Law. He received his JD and MBA Degrees in 1984. Jerry was previously employed with the law firms of German Gallagher & Murtaugh and Dilworth Paxson. He has served as a Solicitor for a Municipal Sewer Authority, Zoning Hearing Board, Planning Commission, UCC Board of Appeals, as well as Borough and Township solicitor.

geezer (noun) : a wise man Jerry was elected and served as the President of the Delaware County Bar Association in 2005, and has held many positions since 1984, including Director, Treasurer and General Chairman of the Civil Rules Committee. He is also a member of the Alternate Dispute Resolution Committee, Personnel Committee, Family Law Section Committee, Arbitration Rules Committee and the Bar Association County Council Committee. Jerry is a member of the Pennsylvania Association of Court Management, National Association for Court Management, Mid Atlantic Association of Court Management and a number of community and civic organizations, including a volunteer coach at Brandywine Youth Club. He has served as a Lecturer/ Panelist on a variety of presentations by the Delaware County Bar Association related to evaluation of civil cases. He frequently serves as a neutral & sole arbitrator and mediator. He is the recipient of many awards including the Donald J. Orlowsky Memorial Award, the E. Wallace Chadwick Award, the Delaware County Bar Association President Award, and Lawyers’ Club “Man of the Year” Award.

Welcome to the Club . . . You’re Golden F.D. “Dave” Hennessy, Jr.! For over 50 years, in his

full-time practice of law in Pennsylvania and Delaware County, Dave advises and represents individuals and small businesses in diverse civil matters. He previously served 4 years active duty U.S. Navy, watch and division officer; then 16 years in Naval Reserve, including assignments in legal offices in 3rd (Brooklyn) and 4th (Philadelphia) Naval Districts. He was an Investigator for Philadelphia Voluntary Defender, and claims adjuster for a national insurance company, while in night law school. His philosophy: To help the client achieve the optimum resolution involves getting all relevant facts, analyzing them in context, and avoiding unintended consequences. Dave has served on organizing committees and board of directors for many local and state-wide organizations. He has served as President or Chairman of several, including: Lansdowne Business and Professional Association, Rotary Club of DarbyLansdowne, Lansdowne Allied Youth Council, Delaware County Community Nursing Service, PA Trial Court Nominating Commission, and Lansdowne Zoning Board. He has also served for 16 years in the Pennsylvania Bar Association House of Delegates from Delaware County; and 4 years as Zone 9 governor representing Bucks, Chester, Delaware and Montgomery Counties. He is a member of the American, Pennsylvania, and Delaware County Bar Associations, and of committees and sections concerned with Real Estate, Estates and Elder Law. Dave is a 1946 graduate of Media High School; Temple University in 1951; and Temple University School of Law in 1958. In 1952, he married Charlene Curley; they have 3 children and 9 grandchildren, and have resided in Lansdowne since 1954.

Featured Speakers, Authors Joseph Farrell and Joseph Farley. How it all started . . . Back in the

spring of 2010 two Joes (Farrell and Farley) met for a drink at a local watering hole in New Cumberland, Pennsylvania. Farrell had recently published his first book, and Farley had just retired. Over a few beers the two began talking about writing a book together. They came up with the idea of writing about famous and infamous people who were buried in Pennsylvania. In addition, they decided that they would visit the graves of those chosen to be in the book to photograph the site. Thus the “Keystone Tombstones” series idea was born. It goes without saying that the other patrons in the bar that night were skeptical that the Joes would ever actually carry out their idea and write a book. But as it turns out, they have written and published five! As mentioned above, the series covers famous and infamous people buried in Pennsylvania. The books consist of mini biographies of movie stars, musicians, sports figures, businessmen, organized crime figures, and politicians among others. The books have all been well received. Brian O’Neill writing on volume 1 in the Pittsburgh Post-Gazette said, “With more than 30 deceased subjects; the book is hard to summarize, but it’s pleasures come with the, I can’t believe I never knew that moments; which are everywhere.” The Civil War News called the Civil War volume “an indispensable guide.” The Joes have appeared on numerous television and radio programs. In addition, their work has been covered by dozens of newspapers and magazines. The two have travelled the Commonwealth in search of interesting tales to tell, interesting tombstones to honor, and interesting taverns in which to discuss their findings. The Joes have become a mainstay on The Pennsylvania Cable Network (PCN) where they twice appeared on the hour long “PA Books” show. The response was so good that PCN had filmed over 40, five minute pieces, that air all the time between shows. They have also appeared before numerous historical societies where they have done presentations on their writings. The good news is that they are not finished. The fifth volume in their series was released by Sunbury Press in November. It is a special edition that concentrates on sports figures. Finally, without stopping to take a breath, they have started work on their next book which will focus on New York City graves. If you would like to contact the “Joes” to arrange an appearance, or just to wish them well, they can be reached at 717-756-4934 or at

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ELEVATING Death of Sovereigns The plan to cross the great ‘Ole Miss And bring the slaves out West Depended on some sleight of hand: That local votes knew best And so the battle lines were drawn Before one cannon fired Before the men in uniform Could by folks be admired Abe rose up tall, on dais stood To challenge Mr. Douglas The last best hope to change some minds Hung on his verbal smugness The men’s debates went down in time Tho’ dear Abe Lincoln lost But plans to use the vote for slaves were once for all but tossed The war that came was blamed on things like rights and settlers votes But in the end it can be seen ‘Twas whether in America slaves were goats Two kings were slayed in our great War and one was famous Abe The other one, the cotton king, Died hard and was to blame. By Stephen J. Devine, Esquire A history enthusiast who finds inspiration in the advocacy of Abraham Lincoln. Lawyer Kenneth R. Schuster & Associates, P.C.

Media, PA 19063 • Philadelphia, PA 19107 Chester, PA 19013 • Wilmington, DE 19801 610.892.9200 x123 •

Stephen J. Devine, Esquire, is the Senior Litigation Attorney for the Law Firm Kenneth R. Schuster & Associates, P.C. As a senior attorney at the firm, Stephen maintains a multi-disciplinary civil practice dedicated to fighting for injured victims’ rights, primarily in the areas of catastrophic personal injury, wrongful death, automobile crashes, construction injuries and premises liability. Stephen received his LLM in Trial Advocacy (with honors), from Temple University’s Beasley School of Law in 2004. A history enthusiast, Stephen finds inspiration in the advocacy of Abraham Lincoln.


Stephen J. Devine, Esquire

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athleen A. Piperno, Esquire, is a Partner with the Firm of Raffaele & Puppio with whom she has been affiliated since 2002. Her practice focuses in the areas of family law including child support, custody, divorce, equitable distribution, protection from abuse, termination of parental rights and adoption. Kathleen is a member of the Pennsylvania Bar Association and Delaware County Bar Association. She was the 2012 Chairperson of the Family Law Section of the Delaware County Bar Association and has been the Social Committee Chairperson for the Section each year since 2007. She has been appointed as a Special Master in Divorce for the Delaware County Court of Common Pleas from 2010 through the present and a Court Appointed Child Advocate since 2012. Previously, she was a Court Appointed Attorney for parents involved in dependency actions through Children and Youth Services of Delaware County through 2006. Since 2007, Kathleen has been an Adjunct Professor at The Legal Institute for Paralegal Studies at Widener University School of Law where she teaches a Family Law and Violence and the Law courses. Kathleen has been a member of the Board of Directors of The Domestic Abuse Project (“DAP”) since 2010. She is very involved in community service; organizing and hosting charity events for DAP; and the Family Law Section of the Delaware County Bar Association raising funds for DAP; The Legal Aid Society; and The Linda Creed Breast Cancer Foundation. She has also participated in Adopt-A-Family since 2002 for the benefit of Bikers Against Child Abuse, DAP, and Court Appointed Special Advocates. Kathleen has received recognition for her outstanding service to the Delaware County Bar Association, including receiving the Delaware County Twenty-Ninth Annual Victim’s Rights Week Award in 2010; Law Day Special Recognition Award in 2011; and Family Law Chairperson Recognition Award in 2012. Most recently, Kathleen was named the 2014 recipient of the Delaware County Bar Association Family Law Section Eric D. Turner Award, its highest honor. The Eric D. Turner Award was created in the millennium year 2000, to honor the memory of a lawyer who was dedicated to the practice of family law. Kathleen’s partner, Michael A. Raffaele, Esquire, was the first recipient. The award has since been presented annually to a lawyer “whose dedication, professionalism and integrity most closely exemplifies that of Eric D. Turner.” Kathleen is wholly deserving of this award for her “dedication, professionalism, and integrity, along with her substantial contributions to improving the practice, elevating the standards, and advancing the cause of matrimonial law.”


Pictured from left to right: The Honorable Max Baer; Lyn B. Schoenfeld, Esq.; Susan J. Cherner, Esq.; Mary V. Z. Wachterhauser, Esq.; and, William L. Baldwin, Executive Director, Delaware County Bar Association.

AN HONOR . . . By William L. Baldwin

S eptember . The Family Law Section of the Delaware County Bar Association, host to the Maureen F. Fitzpatrick Lecture Series, was pleased to feature The Honorable Max Baer of the Pennsylvania Supreme Court on 9/11/14. A record number of attendees at the lecture had the opportunity to hear Justice Baer speak on the topic of “Access to Justice – A Challenge to the Practice of Family Law?” This topic had been chosen because of the desire to balance the bar’s commitment to helping economically disadvantaged litigants and the issues generated by pro se litigants.


he Honorable Max Baer was elected as a Justice of the Pennsylvania Supreme Court in 2003. Prior to his election to the Court, Justice Baer was the Chair of the Domestic Relations Procedural Rules Committee of the Supreme Court, the Ex-Officio Representative of the Juvenile Court Judges Commission, a member of the Joint State Government Commission on Adoption Law and Services to Children and Youth, the Chair of the Pennsylvania Conference of Trial Judges, and the Chair of the Family Law Section. Justice Baer’s dedication and efforts have earned him many awards and honors, including the Pennsylvania Department of Public Welfare Adoption Advocate of the Year in 1997, the Federal Department of Health and Human Services Adoption Excellence Award for Judicial Innovation in 1998, the Child Advocacy Award for Legal Contributions Advancing the Welfare of Our Nation’s Children in 1999, the Pennsylvania Bar Association Child Advocate of the Year Award in 2000, the Homeless Children’s Education Fund Champion of Children Award and the J.N.L. Club Humanitarian Award for Community Involvement in 2003, the Pennsylvania Council of Mediators Most Valuable Peacemaker in 2004, and the Three Rivers Youth Nellie Award for Civic Leadership in 2005.

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By Andrew J. Edelberg, Esquire

ongratulations to Andrew J. Edelberg, Esquire, for recognition by the United States Department of Justice, Federal Bureau of Investigation, Philadelphia Division. Andrew successfully completed the 20th FBI Citizens Academy with twenty-seven other program participants. During the course of the program, he and his classmates demonstrated a commitment to the FBI mission, and a photograph and plaque honoring the class hangs in the FBI Office in the William J. Green Federal Building in Philadelphia. The FBI program allows participants to gain first-hand knowledge of how the Bureau functions, including how it tracks spies and terrorists, how it collects and preserves evidence, and what it feels like to “walk in the shoes” of a special agent who has to make split second, life-or-death decisions. This course is conducted by special agents in charge of field offices, their senior managers, and senior agency experts. Participants must be over the age of eighteen and live and work in the area covered by the field office sponsoring the Academy. The participants come from all walks of life, including members of the legal community, business professionals, and civic and religious leaders.

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Other highlights of the Academy curriculum included FBI jurisdictional issues and Congressional oversight; structure and operation of FBI field offices and resident agencies; practical service training (fingerprinting, forensics, technology, etc.); review of policies regarding ethics, discipline, communications, civil rights, and criminal trends; and firearms training. Andrew considers it a privilege to have been able to meet, learn, and train with the other members of his class, and he holds them in the highest regard. He hopes to be able to maintain lifelong professional relationships with his fellow classmates. “This was the cap to my interest over the last twenty years in working with law enforcement. As a 46-year old criminal defense/ personal injury attorney, I would say that there is nothing more valuable than training and gaining new experience. I strive to be flexible and to embody the virtues of fidelity, bravery, and integrity in all that I do. There are no shortcuts to success, and true friends are hard to come by.” Andrew J. Edelberg, Esquire, has been a senior associate attorney at Aivazoglou & Mikropoulos since 1997. He received his BA from Temple University and his JD from Thomas M. Cooley Law School. Andrew is currently a member of the Board of Directors of the DCBA. He was a featured criminal defense attorney in Suburban Life Magazine in 2010.




n November 19, 2014, the Delaware County Bar Association inaugurated the Elizabeth C. Price Video Conferencing Center in the Boardroom of the Bar Building. As part of its three year strategic plan, the DCBA made a commitment to enhance its technological capabilities, including the installation of equipment and software which would allow attorneys to conduct video depositions and members to participate remotely in Board and Committee meetings. The video conferencing project was funded by the Delaware County Bar Foundation. At the dedication of the new teleconferencing center, Donald J. Weiss, Esquire, President of the Foundation Board, was proud that the Foundation was able to provide a grant to “usher the DCBA into the 21st century in communications.” Weiss found it especially meaningful that the center was dedicated to the memory of long-time DCBA Executive Director Elizabeth C. Price. “Elizabeth was a dynamic leader who helped to shape this organization. She was a pioneer in creating the model for the modern bar association. It is a fitting tribute to name this new center in her honor, because it was her foresight and dedication that has made the DCBA such a strong and vibrant association.” For more information about the Elizabeth C. Price Video Conferencing Center or its availability, please contact the Delaware County Bar Association at (610) 566-6625.

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The Doors of Justice

Remain Open to All Citizens! By William L. Baldwin


ovember 14, 2014. (Media). The Delaware

Accepting the 2014 Pennsylvania Bar Association Pro Bono Award on behalf of recipients Robert J. Breslin, Jr, Esquire, and Dana McBride Breslin, Esquire, of Pappano & Breslin are (left to right): Donald J. Weiss, Esquire; Jacqueline Csop, DCBA Pro Bono Coordinator; Stephanie H. Klein, Esquire; and Dave Trevaskis, Pro Bono Coordinator, PBA.

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County Bar Association hosted a reception to honor the attorneys who have volunteered to do pro bono service in 2014. As part of the Pro Bono Program, lawyers provide civil legal representation to individuals who are income eligible and screened and accepted by Legal Aid of Southeastern Pennsylvania. There are approximately 200 DCBA members who currently participate as pro bono volunteers. A special guest at the reception was David Trevaskis, Esquire, Pro Bono Coordinator for the Pennsylvania Bar Association. Mr. Trevaskis presented the PBA Pro Bono Award to Robert J. Breslin, Esquire, and Dana McBride Breslin, Esquire, for their dedication and service in providing pro bono representation. The Breslins have been practicing Elder Law in Delaware County for approximately forty years. Their knowledge, experience, kindness, and willingness to help senior citizens are unmatched. Both Robert and Dana also share their knowledge of Elder Law by conducting community education programs on the essentials of estate planning. Because seniors often have limited income and access to legal services, such education programs are critical in helping older residents of Delaware County to understand the importance of wills, powers of attorney, and living wills. The DCBA salutes Robert and Dana Breslin, as well as other attorneys like them, who give of their time and talent to help vulnerable residents of Delaware County with their civil legal needs.


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Make Love


Not War

ver since the release of my book, Gravy Wars: South Philly Foods, Feuds & Attytudes (2009 Folger Ross Publications), I’ve noticed a trend in competitive TV food shows. Now, I’m not suggesting Gravy Wars spawned the likes of Food Wars (March 2010), Cupcake Wars (2010), or Food Court Wars (July 2013) despite preceding them, but I doubt the subsequent “Wars” were mere coincidence. The popularity of TV cooking shows over the past decade and the proclivity for food related social media posts is indicative of the passion our society has for food. Just when I thought the debate had simmered regarding the terms gravy and sauce, my Facebook friends took staunch positions about whether to include oregano in spaghetti sauce. I can’t speak for attorneys but it appears to me that in most circles food topics prompt greater debate than politics. The single most important ingredient about which passionate cooks of all walks of life will agree, however, is love. When you are in your element—the kitchen—passionately preparing food, love pours from your soul and infuses your meal. Whether you are making a full course dinner or a peanut butter and jelly sandwich, love is the secret ingredient. So, make gravy or a roast, soup, cake, parfait, etc., and make love! If you’d like to give a bit of love and a lot of humor this holiday season, please contact me about wholesale purchases of Gravy Wars: South Philly Feuds, Foods & Attytudes, a hilarious account of Americana told from an Italian perspective, complete with about 70 family recipes. Here’s a gravy recipe you won’t find in my book. In fact, this is the first time my “Chicken Gravy” recipe is being published. Disclaimer: I measure nothing. Use your imagination and good taste.

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Chicken Gravy Ingredients • Chicken • Butter • Flour • Salt • Pepper • Paprika • Rosemary • Parsley Directions: • Prepare your oven stuffer roaster by first cleaning and rinsing it with sea salt. Rub the salt over the skin to be sure there are no traces of feathers. • Place pats of butter beneath the skin without tearing too much of the skin away from the meat. • Shake a bit of salt and pepper (to taste) in the bird’s cavity. • Place rosemary and chopped parsley (to taste) on top of the chicken. • Stuff the bird with your favorite stuffing, or not. • Place the bird in a roasting pan and bake it for 20minutes per pound at 325°. Keep the lid off for the first 45 minutes to get it crisp. • After about 90 minutes, begin to baste the chicken liberally. • Once the chicken is cooked, remove it from the oven and allow it to rest in the roasting pan with the lid on for at least a half hour. • Remove the chicken from the roasting pan and pour the drippings through a strainer into a saucepan. Add to the juices these spices to taste: salt, pepper, paprika, rosemary, and parsley. • Place the saucepan with chicken drippings over medium heat. • Add to the saucepan about a tablespoon of flour for each cup of liquid. You might have to guess at this. Err on the side of caution by adding flour slowly. • Using a wire whisk, stir the mixture, adding more paprika for color if desired. • Continually stir the mixture until you reach your desired thickness. Lorraine Ranalli is a Philadelphia media personality, writer, speaker, and soft skills trainer. She currently directs communications and marketing for CUNFL (Credit Union Network for Financial Literacy). Visit


The Delaware County Bar Association recently invited members of the public to attend two free seminars: Expungement . . . Get the Facts . . . Who Qualifies? How Do You Apply?

October: This seminar was sponsored by the Legal Services to the Public and the Pro Bono Committee of the Delaware County Bar Association. Distinguished panel members included Robert Keller, Esquire; Phillip Rosenthal, Esquire; and Professor Steven Chanenson, who provided important information on the expungement process. Participants received a detailed overview of the application process, an explanation of which court records are eligible for expungement, and the benefits of having a criminal record expunged.


October. This seminar was sponsored by the Community Outreach Committee of the Delaware County Bar Association. CLICK SAFE! This program focused on: SOCIAL MEDIA - Facebook, Formspring, Instant Messenger; BULLYING – Cyber-bullying, Sexting; INTERNET SAFETY – Protecting children on line; and CASE STUDIES – Negative consequences of no protection.

GET SCHOOLED! Attendees learned what parents, schools and law enforcement agencies can do to protect children on line. Taking an active role in your child’s Internet activities will help ensure that they benefit from the wealth of valuable information it offers without being exposed to any potential dangers. The seminar format included short presentations and an invitation for questions from the audience. The seminar featured experienced speaker Michael R. Galantino, a Deputy District Attorney and Chief of the Special Victims / Domestic Violence Division for the Delaware County District Attorney’s Office in Pennsylvania. He received a B.A. in Social Work from West Chester University in 1983, and his J.D. from Villanova University School of Law in 1990. He began his career in the District Attorney’s Office in 1989 and was promoted to the criminal trial division in 1991, where he prosecuted a variety of cases over the next seven years. In 1998, Mr. Galantino was appointed Chief of the newly created Special Victims’ Unit to specialize in cases involving Child Abuse, Sexual Assault, Domestic Violence and Internet Crimes Against Children. He has prosecuted thousands of cases in his career, including more than 130 jury trials to verdict. He has taught at the National, State and local levels on issues including computer-facilitated sexual assault, child abuse and exploitation, ethics, evidence, criminal law, search and seizure and courtroom procedures. The Delaware County Bar Association and its committees annually feature a number of worthwhile seminars to benefit and educate the community, all are free of charge and publicized through community media and our web site at Please consider joining us! Winter 2014-15

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Through the Years . . .

Donald J. Weiss, Esquire/CPA


any attorneys who handle estates are not aware of a recent legislative change which will affect the vast majority of married couples with assets in excess of $2.5 million. Under current federal law, the estate tax exemption is $5 million per person; however, there is a portability provision which permits a surviving spouse to carry over any differential of the $5 million which has not been exhausted. As an example, suppose a husband dies and his assets are $2.5 million, and the wife also has $2.5 million in assets (which includes life insurance). If the husband were to die first, there is no estate tax. However, if the tax return is not properly prepared, and all of the assets are assigned to the wife, the wife’s exemption is only $5 million upon her death. In this case, the wife’s assets could potentially exceed $5 million, subjecting the excess to a 40% federal estate tax. In order to use “portability,” the surviving spouse is required to file what is known as “Form 706” United States Estate (and Generation-Skipping Transfer) Tax Return. In order to be timely, Form 706 (or any request for an extension) must be filed within nine months of the date of death of the other spouse. If an attorney had handled an estate in the recent past before the portability provision became effective, there is still an opportunity under a Revenue Procedure to file a Form 706 and elect portability by December 31, 2014. To illustrate this,

32 | Winter 2014-15

if a husband dies and his estate was worth $2.5 million, and Form 706 is filed and the Revenue Procedure is followed, any excess over the $2.5 million would pass to the wife. Upon wife’s death, her estate would then be entitled to a $7.5 million exemption. In a recent estate which I handled, all assets were in joint name of the spouses and totaled $4 million. The husband died first, but the wife did not engage me as counsel until twelve months after her husband’s death. The wife was not aware of portability. I prepared and filed a Form 706 under the Revenue Procedure, and because all assets were jointly held, $2 million was attributable to husband’s estate and not subject to federal estate tax. Because of portability, $3 million of the excess was carried over to the wife, leaving her estate an $8 million exemption. Although wife’s assets are only worth $4 million at present, she may live long enough to see her assets increase in value, which could potentially exceed $5 million at the time of her death. It is imperative that attorneys handling estates make their clients aware of the issue of portability. As estate planning practitioners, knowledge of portability can help save your client’s estate from being subject to the 40% tax on the excess. Proper planning can help to avoid a potentially huge estate tax bill!




he Honorable Chad F. Kenney, President Judge, has developed a unique series of educational programs designed to give Delaware County attorneys the opportunity to learn about issues affecting the Court of Common Pleas and to offer them a venue in which they can ask questions of the Judges and Court personnel. Working in conjunction with the Delaware County Bar Association, the President Judge offers monthly “lunch and learn” seminars at the Bar Building. The seminars are designed to be interactive and to provide a forum by which the judiciary and lawyers can communicate outside of a courtroom setting. Some of the topics covered by these programs have included updates on the Family, Civil and Criminal Divisions, practice in

the Magisterial District Courts and Special Courts (Veterans and Mental Health Courts), and discussions of current case law. “The luncheon seminars with President Judge Kenney have been a huge success,” says William Baldwin, Executive Director of the Bar Association. “Our members appreciate having the opportunity to learn about what is happening in the Court of Common Pleas and to be able to ask questions and share ideas with the Judges. We look forward to working with the President Judge to continue these valuable programs.”

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What’s Trending IN TRAVEL . . . An African Safari We all take vacations, but when was the last time you traveled somewhere that changed how you see the world? 
That would be a trip of a lifetime, one that inspires travelers to rethink, and perhaps, better appreciate the world around us. Delaware County Bar Association member Mary V. Z. Wachterhauser, Esquire, took her “trip of a lifetime” in October. She and her husband had the unique opportunity to travel to Botswana, Zimbabwe, and South Africa. “We used the travel agency Kensington Tours and the accommodations and animal viewing they arranged, exceeded our expectations. “Our first safari was in Botswana and our second safari was in Northern South Africa near Kruger National Park. On a safari, we were permitted to drive very close to the animals in open vehicles and we saw elephants, lions, rhinoceros, hippos, giraffes, zebras, warthogs, wildebeests, baboons, and different types of antelopes. We even got a glimpse of a hyena. “The African people were exceptionally friendly and helpful and notwithstanding the Ebola outbreak in western Africa, our trip went smoothly despite a great deal of airplane travel. We flew on 14 different types of planes from the very largest Airbus to a six-seater prop plane in-and-out of the brush on our adventures. “Our last stop was Cape Town, South Africa and the Cape of Good Hope, complete with the beautiful view, penguins, and wonderful wine. “If you are an animal lover and have a desire to experience Africa with its myriad of wild life, beautiful scenery and fascinating people, you will love a trip like this!”

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UP CLOSE AND PERSONAL Editors Note: Prior to Mary Wachterhauser’s departure, editor Tracy Price asked her, “Why Africa?” Mary replied, “I want to see the animals before they’re all gone.” I pondered her response and subsequently researched, “where have all of the animals gone?” The results of my search were alarming. Animals are in fact disappearing; the decline in wildlife around the globe has not been halted. According to a report by Stanford University’s Rodolfo Dirzo and colleagues, “We live amid a global wave of anthropogenically driven biodiversity loss.” The report further states that 322 land-based species have now gone extinct in the last 500 years. Among closely monitored species, two-thirds showed a mean decline in population of 45 percent. We all know about habitat destruction, cutting down a rain forest and upsetting its habitants; anthropogenic global warming, which poses a challenge to species that can’t adapt quickly or shift locations; and of course, man, people are driving down the numbers of wild animals. Thank you, Mary, for sharing your “trip of a lifetime!” It certainly was one that inspires travelers to better appreciate the world around us.

IN SPORTS . . . The New Eagles Encyclopedia by Ray Didinger “You don’t have to be an Eagles fan to love this book. It’s actually a slice of Philadelphia history. A great one. Written with love.” – Philadelphia Inquirer. Tracy and Jackie of the DCBA had the opportunity to meet Mr. Didinger at The Press Club luncheon at the Towne House, Media. Mr. Didinger was the first print journalist inducted into the Philadelphia Sports Hall of Fame. He is the recipient of a number of awards for long and distinguished reporting on pro football, and his name was added to the writers’ honor roll at the Pro Football Hall of Fame. He also won six Emmy Awards as a writer and producer for NFL Films. He has authored or co-authored ten books, his latest, The New Eagles Encyclopedia. While much has changed in the decade since the original publication of The Eagles Encyclopedia, the passion of Eagles fans has only grown stronger. That is why author Ray Didinger has revised, updated, and expanded his history of the team in The New Eagles Encyclopedia. Didinger presents a year-by-year history of the franchise from its inception in 1933 through the 2014 draft. Included are profiles of more than 100 players, past and present, as well as every head coach and owner, along with dozens of new photographs and stats, stats, and more stats.

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