Delco re:View | Spring 2016

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THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION

SPRING 2016

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Content

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

The Official Publication of the Berks County Bar Association

SPRING 2016

Delaware County Bar Association 2016 Officers PRESIDENT Scott C. Gottel, Esquire VICE PRESIDENT Vincent B. Mancini, Esquire

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

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

44Th Annual Bench Bar Conference JUNE 8, 9 AND 10, 2016 MARRIOTT ANNAPOLIS WATERFRONT HOTEL

PAST PRESIDENTS Kristen M. Rushing, Esquire Jonathan Peri, Esquire YOUNG LAWYERS SECTION PRESIDENT Michael H. Hill, Esquire DIRECTORS Michael A. Burns, Esquire Michael S. D’Agostino, Esquire Patrick T. Daley, Esquire David S. Daniel, Esquire Kristina DeSenze, Esquire Alexander D. DiSanti, Esquire Andrew J. Edelberg, Esquire Gregory J. Hurchalla, Esquire Robert C. Keller, Esquire John A. Prodoehl, Jr., Esquire Mary V. Z. Wachterhauser, Esquire Carrie A. Woody, Esquire

DCBA Staff

Highlights

14 “A Heart To Care and A Spirit To Dare”

More Inside

Time Shared with the Honorable Stephen J. McEwen, Jr.

4

President’s Message

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Law Day Friday, May 6, 2016 “Miranda: More Than Words”

10 5Th Amendment: Right To Remain Silent, A Brief History Of Miranda

William L. Baldwin, Esquire Executive Director Tracy Price Director of Marketing and Editor 610-566-6627, x 225 Tracy@delcobar.com Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 PO Box 466 P (610) 566-6627 • F (610) 566-7952 www.DelcoBar.org

12 DCBA Young Lawyer’s Section

Student Success In The Courtroom Mock Trial 2016 13 Three Steps For Avoiding Ethical And Legal Traps In Cyberspace 18 Law And Society Week 19 Kudos: President Judge Kenney And The DCBA Elder Law Committee 20 New Law Will Provide Relief To Offenders Convicted

Of Low-Level Misdemeanors

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.

22 Legal Aid Opens In Media: A New Resource For Delaware County Residents

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.

28 A Blossoming Poet

P U B L I S H E D

B Y

24 “What Our Readers Are Saying” 26 The Justinian Society Of Delaware County

Annual Dinner Celebration 32

What’s Trending

35 DCBA Chili Contest EDITORIAL SUBMISSIONS

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

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

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President’s Message

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

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I

t has been a great honor thus far serving as this year’s President of the Delaware County Bar Association. It’s hard to believe the first quarter of the year has passed and summer is around the corner! The Bar Association Board of Directors has been working hard to expand the Association’s Affinity Program which seeks partnerships with local businesses to provide benefits to Association’s members. Any local businesses interested in partnering with the Delaware County Bar Association should contact the Association’s Executive Director, William Baldwin, for more information on joining this wonderful program.

Special recognition also needs to go to the Young Lawyers Section for its work on behalf of the Ronald McDonald House to sponsor a room for families at the House. I know the last issue had a nice write-up on the efforts of the Young Lawyers but I want to send special congratulations to all the Young Lawyers, especially, Mike Hill, President of the YLS, and Ryan Grace, past President of the YLS, in accepting an award for the Young Lawyer’s charitable contributions and efforts in raising money through its annual 5k race. We are looking for an even bigger event this year and hoping that the race will be moved to Media.

Let’s keep our fingers crossed and keep an eye out for advertisements of the race, usually held in September. The more participants in this event which is open to everyone, the better!

So far this year, I have had a chance to attend multiple dinners, conference and events and have been proud to serve as the Association’s President. While I have enjoyed each event, I must say that my biggest honor has been to attend Delaware County’s Naturalization Ceremony on March 9, 2016. It was such a thrill to watch individuals take an oath pledging allegiance to the United States.

Coming from a background where my father emigrated from Germany to become a United States Citizen almost 50 years ago, it was truly a privilege to see the American dream alive and well. I wish all of our new citizens a successful journey. It’s a long road and a lot of work to become a citizen and a great honor for me to have a chance to participate in the ceremony.

Attending the Naturalization Ceremony also gave me a chance to reflect about what a great place Delaware County is to live and work. We have a wonderful Bar Association whose members of various practices dedicate so much time to serve the community. Whether it is through offering pro bono services, organizing events to raise money for charity or volunteering time to assist local organizations, attorneys in the Delaware County Bar Association are a dedicated group who bring a lot to Delaware and surrounding counties. Delaware County has a great community of lawyers and I am proud of the role the Bar Association helps play in that accomplishment. With this issue dedicated to the approach of Law Day on May 6, 2016, I invite members of the local community to attend the Courthouse Ceremony at 10:00 a.m. in Courtroom 1 to celebrate law day and participate in the programs and awards to be presented.

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Bench Bar Article: “Annapolis Here We Come!”

And the winner is . . . Annapolis! That’s right, the Delaware County Bar Association has announced that this year’s Bench Bar Conference will be held June 8 through 10 at the Annapolis Waterfront Hotel in Annapolis, Maryland.

This is the 45th year for the annual tradition which is held each year in June for Delaware County Bar members and judges. The conference provides an opportunity for attorneys to obtain 12 continuing legal education credits. Additionally, the conference is a great opportunity for Bar Association members to socialize and network with fellow attorneys and work with one another outside their offices and courtrooms.

Previous conferences have been held in Skytop, PA; Bedford Springs, PA, and Cambridge, MD. This year’s conference will offer a new venue for the Bar Association and its planners are looking forward to the new waterfront location. Colleen Neary, the Chair of the Bench Bar Conference Committee, says: We are excited to bring the conference to a new venue this year. It will be held at the Annapolis Waterfront Hotel,

which has a front seat to the beauty of the Chesapeake Bay and the Severn River. In addition to the peace, tranquility, and sailing opportunities the Bay offers, the venue is a mere footstep away from the rich history of the city of Annapolis, including the Annapolis Naval Academy, the Maryland State House, and numerous historical sites vitally involved in the formation of our country.

The Bar Association is looking forward to hosting this conference, which will include multiple seminars and courses taught by the best and brightest of the Bar Association in areas of civil, criminal and family law. Where better to hold the annual conference than a location presenting a history as rich as the site of the 1783 Constitutional Convention? The location and some activities may be new to the Association, but the longstanding tradition for the Association remains!

Many thanks go out to Colleen Neary and the Bench Bar Committee for developing this year’s conference! Any community member or business interested in partnering with the Bar Association in this annual conference should contact Bill Baldwin, Executive Director, Delaware County Bar Association, to learn more. n

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

44Th Annual Bench Bar Conference JUNE 8, 9 AND 10, 2016 MARRIOTT ANNAPOLIS WATERFRONT HOTEL

The Chesapeake’s charm shines in Annapolis, Maryland – the maritime home of the Annapolis Waterfront Hotel. Newly updated guestrooms, many with magnificent views, provide a tranquil setting for rest and relaxation; with every amenity considered and every comfort close. The view and viewpoint are never better than at the Annapolis Waterfront Hotel, Autograph Collection.

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Join the DCBA for its 44th Annual Bench Bar Conference in Annapolis. Some of the highlights of attending include: • • • • •

•

Spend time with your colleagues and members of the Bench Earn 12.5 CLE credits Enjoy Wednesday night Beach Club Crab Feast Two nights of hospitality suites Easy walking access to historic sights of Annapolis, including the Naval Academy and the Maryland State Capitol Optional sailing and walking tours available

REGISTRATION INFORMATION Registration Costs: $275 per member ($245 for members of the YLS) If you register before May 1st, enjoy a 5% discount.

Room Rates: Standard King/Double: $239 per night (excludes taxes and parking) Waterfront King/Double: $365 per night (excludes taxes and parking) Waterfront w/Balcony: $385 per night (excludes taxes and parking) *parking fee is $23.00 per day

To Make Your Reservations At The Marriott Annapolis Waterfront Hotel, Call 888-773-0786.

To Register With The DCBA, Visit www.delcobar.org.

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LAW DAY FRIDAY, MAY 6, 2016

“MIRANDA: MORE THAN WORDS” 10:00 A.M. COURT ROOM #1, DELAWARE COUNTY COURTHOUSE, MEDIA, PA 2:00 P.M. OLD CHESTER COURTHOUSE, CHESTER, PA

A

ll members of the Bench and Bar are cordially invited and encouraged to attend the Delaware County Bar Association’s Law Day ceremonies on Friday, May 6, 2016, to be held in the Honorable John V. Diggins Ceremonial Courtroom beginning at 10:00 a.m.

This year’s theme will be “Miranda: More Than Words.”

The Themis Award, the Liberty Bell Award, and the Elizabeth C. Price Award will be given, along with awards and recognition for the Mock Trial winners, essay and art contest winners.

Law Day continues after the morning ceremony at the old Chester Courthouse at 2:00 p.m.

We invite and encourage all members to attend. Admission is free. All are welcome!

Several months of activities sponsored and led by Bar Association Members culminate on Law Day, including a Law Day Program held in area high schools and at the Delaware County Community College. Law Day events include a Courthouse Program for area elementary schools.

The Young Lawyers’ Section holds a Mock Trial Competition, which concludes just before Law Day, and there are essay contests and art contests for area elementary, middle school and high school students.

With commendation to the Law Day Committee for a program which accords honor to the worthies in our Bar and surrounding communities . . . Delaware County Bar Association Law Day Committee Members: Vincent C. Mancini, Esq., DCBA Vice President & 2016 Law Day Committee Chairman; Eugene A. Bonner, Esq.; John F. Bonner, Esq.; Steven Chanenson, Esq.; Lindsey J. Conan, Esq.; Patrick Daley, Esq.; David S. Daniel, Esq.; Robert R. DeLong, Jr., Esq.; Kristina M. DeSenze, Esq.; Patricia H. Donnelly, Esq.; Andrew J. Edelberg, Esq.; Karen E. Friel, Esq.; Terah Gaertner, Esq.; Robert F. Kelly, Jr., Esq.; Mary K. Kennedy, Esq.; Amanda S. Konyk, Esq.; Jane A. North, Esq., Kathleen A. O’Connor, Esq.; David E. Robbins, Esq.; Kristen M. Rushing, Esq.; Aimee M. Taylor, Esq.

WHAT IS LAW DAY? The ABA defines Law Day as: “A national day set aside to celebrate the rule of law; (to) underscore how law and the legal process have contributed to the freedoms that all Americans share.” The language of the 1958 statute passed by our Congress ordaining May 1 as Law Day calls for “a special day of celebration by the American people in appreciation of their liberties and rededication to the ideals of equality and justice under law.”

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ATTORNEY DISCIPLINARY AND ETHICS MATTERS President Eisenhower issued presidential proclamation No. 3221 on Thursday, May 1, 1958, and thus created the first official celebration of Law Day in the United States. Beginning his announcement that day, President Eisenhower declared that we “should remember with pride and vigilantly guard the great heritage of liberty justice and equality under law,” and that “it is our moral and civic obligation as freeman and as Americans to preserve and strengthen that great heritage.” n

AN AFFAIR TO REMEMBER . . . LAW DAY, 1963 From the History and Chronicles of the Delaware County Bar Association, 1989, Honorable John V. Diggins, Author

L

AW DAY 1963 brought a high point of Bar Association activity. Set on the beautiful campus of Swarthmore College, when the shrubs and flowers were a riot of color, a Convocation was held. There were present and participating distinguished men in law, government, and education, the principals being the Honorable Archibald Cox, Solicitor General of the United States, and the Honorable Edward L. Wright, Chairman, House of Delegates of the American Bar Association.

The ceremony began with an academic procession through the college cloisters, the Judges, and others entitled, wearing robes and academic hoods of their degrees. Each dignitary was accompanied in the procession by an officer or a member of the Board of Directors of the Bar Association. The procession entered the rear of Clothier Hall, where there were assembled some 975 people, including members of the Bar, their wives, delegations from area colleges and schools and the general public. Prior to and during the academic procession, the audience had been entertained by an organ recital by one of the talented Members of the Bar, Mr. Paul C. Van Dyke. To the cadence of appropriate organ music, the academic procession entered the hall and proceeded to the stage.

The President of the Bar, Mr. Joseph D. Calhoun, presided, and introduced the speakers and guests. A choral group of Swarthmore College gave a recital of excellent vocal selections a cappella.

At the conclusion of the Ceremonies, the Members of the Bar, their wives and guests proceeded to the Field House on the campus, where lunch was served to some 500.

The whole affair was done with consummate dignity and impressiveness. Probably nowhere in the nation was there a comparable Law Day celebration held by any bar association.

It was a proud day for our Bar and our Bench. n

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5TH AMENDMENT: RIGHT TO REMAIN SILENT A Brief History of Miranda

By Andrew J. Edelberg, Esq.

M

iranda v. State of Arizona, perhaps one of the most important and landmark cases, was decided by the Supreme Court on June 13, 1966, and will celebrate its 50th anniversary this year. Catapulted from relative obscurity, this case has had a profound effect on the practice of criminal law throughout the United States, and it is probably one of the best know Supreme Court decisions in history. The premise of the Miranda decision is simple. The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a criminal suspect who is being interrogated while in custody of his/her rights to remain silent and obtain an attorney.

Reversing an Arizona Supreme Court, the U.S. Supreme Court, under Chief Justice Earl Warren and in a 5-4 decision, held that both inculpatory and exculpatory statements made in response to interrogation by a criminal defendant, while in police custody, will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, that the defendant not only understood these rights, but also voluntarily waived them. These rights became known as the MIRANDA rights and have become ingrained in law enforcement and police procedure to ensure that suspects were informed of their rights.

The case was decided with three other consolidated matters.

This term is now referred to as “Mirandizing” a suspect before he/she is interrogated. Its purpose is to ensure that an accused criminal defendant and suspect is aware of and reminded of his/ her constitutional rights and that that defendant knows that he/ she may invoke them at any time during a criminal interrogation.

The circumstances triggering Mirandizing are custody and interrogation. Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions reasonably likely to elicit

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an incriminating response.

The movement leading up to these basic safeguards was arduous. Suspects complained of lengthy interrogations lasting hours or days, physical coercion and beatings until confessions were signed, and of a long pattern of violence, threats, trickery, lying, or deceit by law enforcement to entice a statement and confession involuntarily. As legal aid began to develop in the 1960s, leading to the Legal Services Corporation of President Lyndon Johnson, important practice-altering concerns over police interrogation tactics viewed as barbaric, unjust, and unfair arose. Subjecting a defendant to harsh trickery and physical and mental manipulation and violence became known as the “third degree.”

On March 13, 1963, Ernesto Miranda was arrested by the Phoenix Police Department. Circumstantial evidence linked him to the kidnapping and rape of an eighteen (18)-year old woman ten days earlier. Police interrogated Miranda for two (2) hours, and Miranda signed a confession. The confession form contained statements of voluntariness, lack of coercion, lack of immunity promises, and that Miranda signed the form knowingly with full knowledge of his legal rights and that it could be used against him. However, at no time was Miranda told of his right to counsel, right to remain silent, or informed that his statements during the interrogation would be used against him. Miranda was convicted at trial of rape and kidnapping and sentenced to 20 to 30 years on each charge to run concurrently.

The Arizona Supreme Court affirmed the trial court’s ruling that the statements were admissible, and overruled Miranda’s lawyers’ claims that the confession was not voluntary and should not have been admitted under the Fifth Amendment self-incrimination clause and Sixth Amendment right to counsel clause.

“He must also be advised of his right to remain silent, and

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that anything he says will be used against him in court; he must be clearly informed that he has a right to consult with a lawyer, and to have that lawyer present with him during interrogation, and that if he is indigent, a lawyer will be appointed to represent him.” Should a suspect exercise his rights, the interrogation must cease. If a suspect states he wants an attorney, all questioning must stop until an attorney is present and the suspect must have an opportunity to confer with the attorney and to have him present for subsequent questioning.

The decision referenced the fact the F.B.I. and the Uniform Code of Military Justice both required notifying a suspect of his right to remain silent, and the F.B.I. warning included the right to counsel. Miranda was later retried for the offenses without the information improperly obtained and used in the first prosecution; however, he was convicted in 1967 and again sentenced to serve twenty (20) to thirty (30) years. The Supreme Court of Arizona affirmed and the U.S. Supreme Court denied review. In 1972 Miranda was paroled, returned to his old neighborhood, and was stabbed to death in a bar fight on January 31, 1976. The stabbing suspect was ironically released after arrest as he exercised his right to remain silent, and thus there was no evidence with which to prosecute him.

Miranda’s decision has survived scrutiny by the Nixon administration, and a strong challenge in the case of Dickerson v. U.S. in 2000. The Rehnquist court determined that the

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warnings had become part of our national culture. The Supreme Court also halted the State of Missouri’s practices in 2004 where Missouri police were deliberately withholding Miranda warnings and questioning suspects until they obtained confessions, then giving the warnings, getting waivers, and getting confessions again. A waiver of rights is not admissible if a person is of low I.Q. and poor English skills.

The Miranda court has a long history of codifying protection of the most basic liberties afforded to suspects and criminal defendants under the Constitution of the United States.

Physical brutality, mental coercion, threats, a denial of counsel, and a meaningful opportunity to be represented after requesting a lawyer with interrogation ceasing are at the heart of the spirit and meaning of the law. There is perhaps no greater calling than to insure that a criminal defendant and suspect is treated fairly, with dignity and respect, is mentally competent, understands the interrogation and proceedings around him, and makes a knowing right to seek counsel, as well as a voluntary right to waive these rights should he so choose. n

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DELAWARE COUNTY BAR ASSOCIATION YOUNG LAWYERS’ SECTION

Student Success In The Courtroom Mock Trial 2016

By Mock Trial Competition Coordinators Maureen A. Kane, Esquire Rachael L. Kemmey, Esquire

W

ho should pay for Steven Yeager’s injuries? Should it be the Natural Habitat Preserve, the employer of Stacy Earhart, who flew his drone too close to Steven, knocking him off his horse causing him to be paralyzed? Or should it be Lilienthal Insurance, the major corporation that insured the drone for the Preserve but who claims that Earhart intentionally flew the drone too close to Yeager and/or that the Preserve violated the insurance rider by modifying the drone?

These were the questions that students in Delaware County sought to passionately argue as part of the 2016 Pennsylvania Bar Association Statewide High School Mock Trial Competition which brought to life the complexities of insurance disputes.

With over 300 teams competing statewide, the competition is one of the largest of its kind. This year, twenty-two teams participated in the district-level competition in Delaware County.

Beginning in early January and concluding in mid-March, the district-level competition is coordinated by the Young Lawyers’ Section of the Delaware County Bar Association. The 2016 season was run by co-coordinators, Maureen A. Kane, Esquire, and Rachael L. Kemmey, Esquire. Per competition rules, each team is composed of three students acting as attorneys and three as witnesses. Each attorney must conduct at least one direct-examination of one of its own team’s witnesses, or a cross-examination of an opposing team’s witness. Both sides must also choose one attorney to give an opening statement, and another to deliver a closing argument. The students compete in a real courtroom setting and must be prepared to raise and argue objections, admit documents into evidence, and practice civility towards the bench and other student attorneys. Prior to their rounds, the teams practice with a teacher and an attorney advisor; however, during the competition, the students are required to act on their own, without consulting their coaches.

Each team competes twice in the regular season, once as the

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plaintiff and once as the defense. The teams, who win both of their regular season rounds, advance to the district playoffs, where a single-elimination bracket style approach is applied.

The final two teams advance to the Regional Tournament and possibly the State and National Championships in May. This year, the competition was comprised of twenty-two teams with impeccable talent and passion. Of the twenty-two teams, nine teams advanced to the district-level playoffs which occurred during the first week of March. At the conclusion, Merion Mercy Academy and The Delaware County Christian School earned spots in the Regional Tournament.

In order to complete the competition, thirty rounds were necessary. Each round required a presiding judge and three scoring jurors, all positions that were filled by our local judges and attorneys. This year, the competition saw participation from our Common Pleas Judges, Magisterial District Judges, Masters, and an enormous amount of support from our local attorneys, all of whom took time out of their busy day to listen to the students and to provide feedback and encouragement. The students were incredibly fortunate to have such esteemed judges and jurors.

This competition demonstrates how wonderful and dedicated the members of the Delaware County Bar Association are to providing the students with the opportunity to develop practical speaking skills, confidence in themselves, and the ability to work as a team. On behalf of the Young Lawyers’ Section, we extend our sincere gratitude to everyone who made this year a success.

We look forward to the 2017 mock trial season! n

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Three Steps for Avoiding Ethical and Legal Traps in Cyberspace

by Joshua D. Waterston, Esq.

I

n this fast-changing digital world, lawyers have a higher duty to protect client data than ever before, even as cyber attacks are increasing. Pennsylvania’s data breach notification law and updated Rules of Professional Conduct prevent lawyers from claiming ignorance of cloud computing risks.

What’s a lawyer to do? Here are three essential tips: Know the Rules. The 2013 changes to the PA Rules of Professional Conduct require that a) a lawyer is familiar with the “benefits and risks associated with relevant technology” used in their legal practice (Rule 1.1); and b) a lawyer must make “reasonable efforts” to ensure that services by third parties “are provided in a manner that is compatible with the lawyer’s professional obligations” (Rule 1.6). The 2015 RPC changes included tightening up IOLTA record retention requirements to require specific details about the transaction and identifying the related client matter, and keeping IOLTA and fee agreement records for 5 years. For digital IOLTA records (i.e., Quickbooks or practice management software), daily backups are required.

Know PA’s Breach of Personal Information Notification Act. Businesses must notify PA residents whose information was in a breached database – and this includes a law firm database (Timeslips, Time Matters, PC Law, etc.). Examples of personal information include a Social Security number, driver’s license number, and financial account information. Records include anything except information that the individual has made public (i.e., name, address, phone number). A partial safe harbor is an encrypted database. A better practice is to NOT accept any unencrypted personal information. Take a moment to think about how many client records you have in your practice. How are they secured? Do you or any of your employees use the password “Password123” or something equally insecure?

Doctor, don’t heal thyself! Get a legal cybersecurity professional involved Lawyers are accustomed to giving others advice to prevent or fix problems, but cybersecurity law and technology are rapidly changing, and even the best lawyers are vulnerable. Don’t go it alone; remember, you wouldn’t recommend that your clients proceed pro se in their own case.

Our firm can provide you and your clients with a Cybersecurity Legal Audit, through which legal and technical vulnerabilities are exposed and fixed under the umbrella of attorney-client privilege. More companies are requiring that their vendors and business partners prove that they aren’t the “weak link” in that company’s security. This will help.

In summary: Imagine how your efforts would look like if splashed across a news headline or highlighted during litigation.

Ignorance is not a defense. Make “reasonable efforts” to secure your clients’ cloud data, and discuss these logistics with your clients. Develop a cybersecurity incident response plan and recommend to clients that they obtain a cybersecurity legal audit to shore up their weaknesses. These issues aren’t sexy, but they are dangerous if left unattended. Don’t be the Disciplinary Board’s “test case.” Be smart, be careful, and be safe. Your clients will thank you. n

Josh Waterston is an associate with Elman Technology Law, P.C., a boutique law firm in Media which advises clients on intellectual property, cybersecurity, and Internet-related business matters.

He also has been known to make the occasional pun, for which he humbly asks ongoing forgiveness.

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“A Heart To Time Shared with the Honorable Stephen J. McEwen, Jr.

By Tracy E. Price, 2010

In January, 2016, I had the pleasure of interviewing Judge McEwen for the purpose of this article; a distinct pleasure, most certainly! Intimidating?

Indeed! How does one do justice to the accomplishments of a man of this stature? How does one write of a man who is a master of the use of language and literary and historical allusions? My attempt at a start was fueled by a Horace quote that my beloved mother often recited; “He has half the deed done who has made a beginning.” — Tracy E. Price, Editor

A beginning . . . Judge McEwen’s notable and extraordinary career path, half the deed done!

I

n October, 2015, the National Council of Chief Judges of the State Courts of Appeal inducted the Honorable Stephen J. McEwen, Jr., into its Hall of Fame in recognition of his notable and extraordinary service to the Council. Of the many judges eligible for consideration, Judge McEwen was one of the few to receive this exceptional honor.

His induction into the Hall of Fame has capped an amazing career both as an attorney and a jurist, and Judge McEwen’s contributions to the Delaware County and Pennsylvania legal communities cannot easily be measured. Awarded his B.A. from Saint Joseph’s College, a J.D. from the University of Pennsylvania Law School, and an LL.M. from the University of Virginia Law School, Judge McEwen began his career as an Assistant Voluntary Defender in Philadelphia. Following his tenure with the Defender’s Office, he joined his father to form the law firm of McEwen and McEwen. In 1967, Judge McEwen was elected as the District Attorney of Delaware County, where he served with distinction for two terms, after which he joined the firm of Liebert, Short, Fitzpatrick and Lavin as a litigation partner.

Judge McEwen’s law career took a different path in 1981 when he was appointed

by Governor Dick Thornburgh to the Pennsylvania Superior Court after receiving the recommendation of the Appellate Court Nominating Commission. He was later elected to a full ten-year term and won a second term and third term in 1991 and 2001, respectively. In 1996, Judge McEwen was chosen to serve a five-year term as President Judge of the Pennsylvania Superior Court by a unanimous vote of the other fourteen Superior Court Judges. He was noted for his distinguished service on the Court and remains an active member of the National Council of Chief Judges of State Courts of Appeal. During his career, he has also served as President Judge of the Court of Judicial Discipline and Chair of the State Legislative Reapportionment Commission, having been appointed to both positions by the Pennsylvania Supreme Court.

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Care and A Spirit To Dare” Because of his deep commitment to the legal profession, Judge McEwen’s accomplishments were not limited to his service on the Bench. He has received innumerable awards from the local and state bar associations, has been granted honorary degrees from University of Scranton, Widener University School of Law and deSales University, has authored countless articles and scholarly works on various legal topics, and has even been involved with United States Agency for International Development, and was appointed by the Republic of Bulgaria as Honorary Consul in the Philadelphia region.

With all of these accolades and achievements, Judge McEwen also has proven himself a true “Renaissance man” for notable accomplishments in other endeavors.

THE SERIOUS, YET WHIMSICAL . . .

• Author . . . In 1997, Judge McEwen authored Not Even Dicta, where he “draws upon his 40 years as litigator, prosecutor, and appellate jurist to provide a sprightly collection of judicial/personal expressions to validate existing and proposed legal maxims. He does so in a lighthearted, even irreverent, fashion, with a bare hint of jurisprudential tone.” As spoken by the beloved Elizabeth C. Price, March, 1998 • Actor . . . In 1995, when Badger Productions was in Delaware County to make an independent film for presentation at the Sundance Film Festival, Judge McEwen played the role of Mr. Sage, the main character’s boss. His legal expertise was matched by his acting prowess.

• Model . . . Not content with just demonstrating his talent in acting, Judge McEwen served as a model for Premier, a dental supply company, appearing on three of their product

brochures which were distributed to several hundred thousand dentists throughout the world.

• Fashion Designer . . . Modeling and acting ability aside, Judge McEwen has also tried his hand at clothing design, creating a special judge’s coat, as featured at the start of this article. Designed by “McEwen, Haute Couture,” the “Judges’ coat” is crafted in Eddystone, Pennsylvania, from the finest wool with silken accents.

• Incurable Romantic . . . A piece from the History and Chronicles of the Delaware County Bar Association 1989, Anecdotes and Characters; Author, Honorable John V. Diggins Stephen J. McEwen, Jr., Judge of the Superior Court of Pennsylvania and former District Attorney of Delaware County, has a nostalgic reverence for his world long ago. On a wall of his chambers in the Media Courthouse, there is mounted a glass panel, removed from the door to his former District Attorney’s suite, containing the names of all those who served as Assistant D.A.s during his tenure. Of course, Judge McEwen’s name, like Abou-Ben-Adam, leads the others. This panel is the herald, the emblem, the logo of “The Order of the Door,” a fraternity which he formed and whose motto is “Amicus patet simper janua” (“The door is always open for friends”). The Order is complete with a “Master of the Latch Key.” Its members periodically hold meetings, with Judge McEwen sitting on the Order’s “Stone of Scone.” With glasses held high, the members then salute their world as once it was and proclaim past memories from here to eternity! continued on next page >

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FURTHER . . .

It was solely whimsy which led Judge McEwen to establish other organizations such as: the YMBA to decry the cruelty of mine owners and to memorialize the Mollie Maguires; The Caesar Rodney Society which found Pennsylvania and Delaware gentlemen annually celebrating the legendary ride of the Delaware Delegate to Independence Hall to become the critical vote to adopt the Declaration of Independence; The Justice Joseph McKenna Society to emphasize the lesson that as much as intellect, integrity, and industry are necessary for success, equally necessary is the need to be in the right place at the right time; The Natural Law and Justice League as a reminder that while Faith, Hope, Charity, and Reason fortify the social aspect of the citizen, the Executive, Legislative, Judicial Branches and the Jury System underlie the political aspect of the citizen; and The Patriots Assembly which saw a number of regional gentlemen celebrate on September 1, 1987, at Independence Hall and Carpenters’ Hall, the 200th anniversary of the adoption of the US Constitution on September 17, 1787.

“Yes, I’d give the Devil benefit of law, for my own safety’s sake” – Lord Chancellor Thomas More - A Man for All Seasons, Act 1, Scene 6 The members of the Bench and Bar of Delaware County have been most fortunate to be able to count Judge Stephen J. McEwen, Jr., as a fine jurist, educator, scholar, and leader.

The breadth of Judge McEwen’s benefactions to the law and community is incredible. Judge McEwen is truly a “man for all seasons.” Although, as he puts it, “It is very nice to receive such compliments, but I know all too well about the holes in my socks.”

After having made a beginning and now, having half the deed done, I recall yet another piece of writing advice from my mother; always end with a bang! I usually choose to close each piece with a powerful quote. What better way to end; I’ll close with one of Judge McEwen’s prolific quotes for which he is renowned; one that is persuasive, enlightening or witty.

In search of the perfect quote, I page through articles and opinions authored by Judge McEwen, and gather items gifted at Christmas — coffee mugs and coasters and pewter pieces; all setting forth quotations, statements, maxims, and aphorisms. I’m at a loss, none of the quotes are attributed to him, how can this be?

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I thought back to our interview and looked beyond his C.V. Judge McEwen mentioned Faltribution; was this some sort of legal term I had never heard? Too embarrassed to ask, I did my own research. You cannot find faltribution in the English Thesaurus, but you can Google it. Faltribution is attribution in reverse! Now I get it, this man of insight heavily flavored with whimsy, imputes his own purportedly stirring phrase to another, whether it be a friend or historic figure! For example, the quote, “For to care and nourish is to cause to flourish” is attributed to his old friend and acclaimed bartender, Court Crier James J. Byrne (1968), but the originator is really Judge McEwen!

The Playful . . .

Faltribution at its very best!

A tale of a rather novel gesture – attributing a statement to a prominent individual so as to lend impact to the “quote.”

Chief Justice Cappy designated Judge McEwen to present a greeting to Justice Sandra Day O’Connor on her visit to the Capitol in Harrisburg, September, 2007, where she would deliver a speech to a large gathering of Pennsylvania Bar Association members and government officials to urge a “yes” vote in forthcoming retention elections. Judge McEwen commenced the two-minute greeting of the first woman U.S. Supreme Court Justice with the following paragraph about Abigail Adams:

“The just woman is a woman unto herself and she does not need to summon the law from afar for she carries it enclosed in her heart” – so said James Madison in 1810 of Patriot Abigail Adams.

All were in awe of the Madison quote. In fact, shortly thereafter, one of the Judicial Independence Committee members asked Judge McEwen for a copy of the quote of James Madison so he could use it at a campaign rally in Pittsburgh the following Friday for a woman candidate to the PA Supreme Court. When Judge McEwen supplied the quote, he felt obliged to provide full disclosure and advised his Commission colleague that . . .

• James Madison never voiced the encomium, McEwen had composed it some 30 years ago, and had used it at least 20 times to introduce judges at formal gatherings, and, as well, when McEwen offered remarks at a retirement dinner for a lawyer or a judge.

• That day in Harrisburg, in his greeting to Justice Sandra Day O’Connor, was the first time McEwen had attributed the remarks to James Madison, having on prior occasions

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attributed it to Plato, Socrates, Aristotle, Cicero, Virgil, Augustine, Thomas More, William Penn, John Marshall, Benjamin Franklin, and others!

The colleague who made the request, an established figure in the legal and social hierarchs of Pittsburgh, was stunned that anyone would employ such a device. In Judge McEwen’s view, however, it would have been plagiarism had James Madison made the statement and he failed to attribute it to him, but McEwen had provided a profound observation and gave credit to Madison. Moreover, stated Judge McEwen, “surely had Madison back in colonial days, had the opportunity to provide such a glowing compliment to Abigail, he would have done so.”

And with that I close, the deed is done. In truth, pulling this article together for publication was not a deed at all, but a valuable lesson and one enlightening hour shared with a “man for all seasons.” You sir, hold your family as your greatest joy in life: your wife Peggy; identical twin daughters, Mary Anne Eagan and Maureen Reilly; and forever in your heart, your son Happy who passed in 1996; and your 7 grandchildren who provide daily delights. You take your work seriously but not yourself. You remain faithful to your words, those that I am certain you have offered to those who follow:

“Always hold the door for a woman” and “Be loyal in the struggle…

The struggle for the cause…A constantly changing cause…The cause of justice…The cause of freedom!”

Honorable Stephen J. McEwen, Jr., truly, it has been an honor. I thank you for opening your chamber door to me. n

“The Chamber Door” of the Honorable Stephen J. McEwen, Jr.

By Elizabeth C. Price, Artist, DCBA Executive Director 1974 to 2010

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LAW AND SOCIETY WEEK The Fox Rothschild Center for Law and Society at Community College of Philadelphia sponsored “Law and Society Week” from February 29-March 4, 2016. At a reception on February 29th, David K. Trevaskis, Esquire, Pro Bono Coordinator for the Pennsylvania Bar Association, provided opening remarks to kick off the event.

One of the highlights of the week was a presentation on Youth Courts by Edgar S. Cahn on Wednesday afternoon. A native of New York City, Cahn is a 1956 graduate of Swarthmore College, and holds a doctorate and a law degree from Yale University. Throughout his career, he has advocated for the rights of the poor and the powerless.

When Robert F. Kennedy was U.S. Attorney General, Cahn was a speechwriter and special counsel for him. Cahn and his first wife, the late Jean Camper Cahn, wrote a groundbreaking article for the Yale Law Review in 1964 that ultimately led to the creation of the National Legal Services Corporation. Also with his first wife, Cahn in 1972 founded Antioch Law School, what is now the David A. Clarke School of Law at the University of the District of Columbia, which altered the training for public-interest law by requiring students to participate in community legal clinics. Now a distinguished emeritus professor of law, Cahn still teaches a course on law and justice, and directs the school’s community service program, which requires students to perform 40 hours of service their first year.

For more information on youth court, contact David K. Trevaskis at dkt@pabar.org. n

Pictured below from left are Gregory Volz, Esquire, Professor Cahn, Keith Bailey, Senior Program Director of Physicians for Social Responsibility, and David K. Trevaskis.

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December 14, 2016: “Elder Abuse Task Force Update” n

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NEW LAW WILL PROVIDE RELIEF TO OFFENDERS CONVICTED OF LOW-LEVEL MISDEMEANORS

By Robert C. Keller, Esquire

A

... Even though the new law will seal certain convictions from public viewing, state and federal agencies will still be able to see it. Prospective employers conducting background checks will not have access to the records.

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new law in Pennsylvania will provide some relief and a second chance to former offenders who have been convicted of lowlevel misdemeanors.

On February 16, 2016, Governor Tom Wolf signed into law a bipartisan bill that will seal certain criminal records from public view. The intent of the legislation is to eliminate the negative impact that an old conviction may have on employment opportunities, housing, education, and other professional opportunities.

State Senator Stewart Greenleaf (R. Montgomery), who sponsored the legislation, said, “a federal study showed that there are 550 obstacles in life if you are convicted of a crime in Pennsylvania. This affects education fundings, loans, housing, and jobs.”

The Senator further opined that “Pennsylvania will benefit because the law will counter high rates of recidivism, relieve an overburdened pardon system, and provide ex-offenders a chance to join the workforce.”

Pennsylvania joins more than 27 states which seal certain misdemeanor convictions, but falls short of sealing misdemeanor offenses deemed to be violent and any felony convictions. Even though the new law will seal certain convictions from public viewing, state and federal agencies will still be able to see it. Prospective employers conducting background checks will not have access to the records.

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A person qualifies under the law if they have remained arrest free for 7 to 10 years (depending on the severity of the enumerated qualified misdemeanors) following the conviction. The new law does not automatically seal the conviction; rather, the person must still file a petition with the court where the conviction occurred, seeking to have the record sealed. The District Attorney’s Office has the right to contest the request and a hearing will be held before the court. The proceedings are somewhat complicated so it is suggested that the individual affected seek legal representation.

The new law expands relief to the existing expungement statute in Pennsylvania. Under the present statue, a person convicted of a crime may have their record expunged when the person reaches 70 years of age and has been free of arrest or prosecution for ten years following completion of supervision.

Additionally, a person who has a summary conviction (such as retail theft, disorderly conduct, harassment) and has been free of arrest or conviction for five years following a conviction for this offense may seek an expungement through the court.

An individual may also seek an expungement if they have completed certain first time offenders programs.

It should be noted that expungements are not automatic in Pennsylvania. A criminal record still remains even for those who have been found not guilty or if the charges have been withdrawn or dismissed.

A person should seek legal counsel with expertise in this area. If you do not know of one contact the Delaware County Bar Association for a referral. n

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LEGAL AID OPENS IN MEDIA

A New Resource for Delaware County Residents

By Elizabeth W. Fritsch, Executive Director, Legal Aid of Southeastern Pennsylvania

The opening of the Media office marks a new chapter in Legal Aid’s work providing low income and vulnerable Delaware County residents with legal services. LASP services are essential to our clients’ ability to obtain basic necessities, such as a protective order against abuse, or access to family-sustaining benefits like food stamps or Medical Assistance. Without an attorney’s help, problems such as clearing a minor criminal record to obtain a job can be insurmountable.

The Media office further increases access to legal aid for those in need.

Pictured L to R: Christina Drzal, Staff Attorney; Michelle Terry, Managing Attorney; Thomas Kerstan, Staff Attorney; Tamalya Kaywood, Office Manager, Media Office

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egal Aid of Southeastern Pennsylvania is excited to announce the April 2016 opening of a second office in Delaware County. The office in Media will be an important resource for local residents seeking representation and assistance in obtaining Protection from Abuse orders. The new office is the result of months of hard work by Delaware County Bar members committed to providing legal services to those in critical need.

It will be located at 334 W. Front Street, directly across from the Delaware County Bar Association, thanks to Kenneth Schuster, who is providing space within his building to Legal Aid at a discount.

LASP board member Donald Weiss was instrumental in researching a location and making the Media office a reality.

“Having a centrally located office in Media increases LASP’s accessibility to residents of Delaware County and makes it easier for lawyers in Delaware County to participate and interact with Legal Aid,” says Mr. Weiss. “And it’s through the generosity of Ken Schuster that we can accomplish this.”

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Interested in joining Delaware County Bar Association?

Visit www.DelcoBar.org or contact us at Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 P (610) 566-6627 Last year, LASP handled 2,375 cases in Delaware County.

With 10% of the population of the county living below the poverty line — the highest poverty rate in the Philadelphia suburbs is in Delaware County — the need for the services that LASP offers is significant. “The opening of a Media office will enhance the ability of Legal Aid to provide quality legal services to indigent residents of Delaware County,” says William Baldwin, Executive Director of the Delaware County Bar Association. “By maintaining a presence in the city of Chester and in the county seat, LASP has demonstrated its ongoing commitment to guarantee access to the civil legal system for the maximum number of clients.”

“As a new Board member and long-time supporter of LASP, I watched incredible work done by the agency’s attorneys and staff—early on, in Darby and Chester and in recent decades, in Chester alone,” says Lyn Schoenfeld, managing partner in the Media law firm of Schoenfeld, Surkin, Chupein & DeMis, P.C. “The need for a presence in Media has existed forever, and I am so excited that we finally have offices there.”

LASP is maintaining offices in Chester city, and its commitment to the residents of the city and its environs will not be lessened by the opening of the new office. “Moving into the heart of Delaware County’s legal community promises to spark new opportunities for collaboration between the Bar

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Association and LASP to increase access to legal representation and advice for indigent residents,” says Hon. Stephanie H. Klein (Ret.), co-chair of the Pro Bono Committee. With its proximity to the Courthouse, the new office will serve as a base for expanding the role pro bono volunteers are able to play in handling PFA and other cases for low income people. “We have many attorneys who express interest in volunteering,” says Ms. Klein. “A Media location will make it easier for them to become involved.”

Maintaining a new office is not without its challenges. LASP is not able to hire additional attorneys at this time, so family law advocates will split their time between Chester and Media.

Initially, LASP will only handle PFA requests from the Media office. County residents with other types of legal problems will continue to be served through the LASP toll-free Helpline and the Chester city office. LASP’s presence in Media presents opportunities for easier access to service for clients from other parts of Delaware County, and for more volunteers to help with our work. If you are interested in supporting Legal Aid and becoming a part of the Delaware County pro bono effort, please contact LASP’s Pro Bono Director Christine Zaccarelli by phone (610) 436-4510 or via e-mail czaccarelli@lasp.org. n

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“WHAT OUR READERS ARE SAYING”

In response to article: Memorial Resolution Judge John Aloysius Reilly “Send for Reilly” Winter, 2016; Delco re:View. Edward J. Weiss, Esq., writes: I concur with everything said in the anonymous article about Hon. John A. Reilly.

However, I would like to add one attribute of the man that I have always admired — modesty. At the time, our county was infected by a plague of killer motorcycle gangs known as the Warlocks and Pagans. John put together a team of law enforcement officers like none other who rid our county of them forever. John stayed in the background and took none of the credit. Then there was the Bradfield case, one of the most well-known criminal cases in Delaware County history. Then-Deputy DA Reilly put the case together, developed a winning strategy, and got his conviction; but he took none of the credit.

Good works have their own reward. John A. Reilly must have known this and did not need praise from others. But his acquaintances knew...

Thank you, Mr. Weiss. We appreciate your thoughts.

In response to article: “So Long Babe…” Winter, 2016; Delco re:View: John A. Prodoehl, Jr., Esq., DCBA Board of Directors, inquires: You did not mention the Colony Club of the Towne House in your article “So Long Babe…” The Colony Club was a place where much of the Delaware County Bar Association’s business was conducted, so many decisions were made right there in that room! Thank you, Mr. Prodoehl. I do recall many mentioning the Colony Club on many occasions over the years. In fact, my mother, Elizabeth C. Price, may have even been the first woman member in Delaware County permitted to dine and conduct business in the Colony Club of the Towne House during her early years in the capacity of Executive Director, Delaware County Bar Association. If any of our DCBA members have recollections of the Colony Club, your contributions to the Delco re:View are welcomed! Kindly email tracy@delcobar. com.

In response to article: “The Justinian Society of Delaware County Annual Dinner Celebration in Everybody’s Hometown!” Winter, 2016; Delco re:View: The “Keepsake” Edition, reprinted with corrections, may be found in this issue; Spring, 2016. In an effort to give Judge Pileggi his rightful due, AND, to be accurate in reciting Justinian history, the first & original “Justinian” created by Elizabeth C. Price was presented by Carmen P. Belefonte, Esq., to Senator (now Judge) Dominic F. Pileggi, Founder and First Chancellor, Justinian Society. Price, inspired by a piece of Justinian art in Belefonte’s office, created the original painting “Justinian,” presented at the Justinian Society of Delaware County celebration. This Society’s celebration is held annually to honor those of Italian American Heritage and their contributions to the legal profession and our community.

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S H A R E YO U R T H O U G H T S W I T H O U R E D I TO R B Y E M A I L I N G T R A C Y @ D E LC O B A R . C O M .

In response to the same article: “The Justinian Society of Delaware County Annual Dinner Celebration in Everybody’s Hometown!” Winter, 2016; Delco re:View: The “Keepsake” Edition, reprinted with corrections, may be found in this issue; Spring, 2016.

In an effort to clear any confusion, Albert M. Greto, Esq., is NOT Ashley B. DiLiberto, B.S., Public Health, University of South Carolina, December, 2012; Study-Abroad Program, Florence University of the Arts, Italy; at present, a third year, full-time student, of Delaware Law School at Widener University.

A bad case of formatting issues in the Winter, 2016 issue of the Delco re:View.

Pictured left to right – Ashley B. DiLiberto; Albert M. Greto, Esq., Leonard B. Altieri, III

Pope Francis at the Cathedral Basilica of Saints Peter and Paul – coincidentally, where Marlo Pagano-Kelleher, Esq., photographer, was married.

In response to article: “The Historical Papal Visit: Fact & Francis” Fall, 2015; Delco re:View: Alexander A. DiSanti writes: I wanted to extend my appreciation for the wonderful article that you wrote, in the Fall, 2015, issue of the Delco re:View, about Pope Francis’s visit to Philadelphia. An interesting but little known endnote for the story is that on his trip back to center city from St. Charles Borromeo Seminary, he stopped at St. Joseph’s University. The purpose of this stop was his blessing of a statute recently added to the campus which commemorates the 50th anniversary of Pope John XIII’s call for increased cooperation and mutuality between Catholics and Jews. The most interesting aspect of the visit was that also in attendance was Rabbi Skorka, a very close friend from Buenos Aires who was a regular guest on a program which featured the Pope (and which aired there while he served as Bishop). The Pope described their relationship by observing that they were brothers from different mothers.

Thank you, Lex, for this interesting information. You may also be interested in hearing that one of our DCBA members, Marlo Pagano-Kelleher, Esq. served on the legal team working closely with The World Meeting of Families – Philadelphia. Here is what she has to say about the experience . . .

It was truly a surreal experience being part of the legal team, working closely with The World Meeting of Families – Philadelphia, while the Holy Father was in town. Our team was tasked with being on hand in the event that any legal issue arose during the visit. It was important for us beforehand to anticipate the kinds of issues that might arise, because nothing like this had ever happened in Philadelphia before. While there was a papal visit to the City in 1979 this was so much bigger. I mean, let’s face it: Pope Francis kind of has this rock star persona and following that increased the popularity of this visit. The turnout was like nothing this City has seen before.

I’m happy to say that the visit was seamless. As far as our team, the only legalrelated incident was when Pope Francis deviated from the path at the airport upon arrival to kiss the head of a sick child, blessing him right there on the airport tarmac. Photos were snapped and began going viral instantly. Because the child was a minor, the legal implications of whether or not parental consent was needed for the photo to be published fell under the purview of the legal team.

Overall, during the visit, wherever the Pope was, we were close by. Being near the Holy Father, as seen in the photo, hearing him speak, and even being anointed with Holy Water as he entered the Cathedral, was an incredible experience that I will never forget.

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The Justinian Society of Delaware County

Annual Dinner Celebration

Reprinted with corrections – First published in the Winter, 2016 issue of the Delco re:View.

T

he Justinian Society of Delaware County proudly presented an evening honoring those of Italian American Heritage and their contributions to the legal profession and our community: namely, George Anastasia, Author; and scholarship recipients Leonard B. Altieri, III, Ashley B. DiLiberto, and Laura Rossi. The Justinian Society of Delaware County also bid George Pagano a celebratory Bon Voyage with a donation to support his cross-Atlantic journey in the 2015 Talisker Whiskey Atlantic Challenge, for the benefit of amyotrophic lateral sclerosis (ALS), the illness without a cure commonly referred to as “Lou Gehrig’s Disease.”

Gifted vocalist Carlo Morelli, entertained guests at this year’s celebration. Morelli is described by critics as a cross between a young Sinatra and a latter day Bobby Darin. No stranger to the spotlight, he has shared the stage with celebrities and performed with some of the premiere musicians in the country. Despite changing musical styles and tastes, quality and talent endure!

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 ItalianAmericans.

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This year, the Celebration featured Justinian Award Recipient George Anastasia, who was born into an Italian-American family on February 5, 1947, in South Philadelphia, as a grandson of Sicilian immigrants who settled in South Philadelphia. Anastasia is an author/journalist and veteran reporter for The Philadelphia Inquirer. He has been described in a 60 Minutes television profile as “one of the most respected crime reporters in the country.” Anastasia is widely considered to be an expert on the American Mafia. His book “Blood and Honor”, is considered one of the “best gangster books ever written.” Anastasia has won many awards for investigative journalism and magazine writing. He has twice been nominated for a Pulitzer Prize and has won the Sigma Delta Chi Award.

Anastasia is a graduate of Dartmouth College (1969) with a B.A. in French Literature. He also studied at Swarthmore College and the University of Florida. Anastasia has served as an adjunct professor/lecturer at Glassboro State College (now Rowan University) and Temple University. He also has been a lecturer for a U.S. State Department-sponsored series of week-long seminars on journalism and organized crime in Bulgaria (2004, 2007), Croatia (2005), Serbia (2006) and Italy (2007). The now retired Philadelphia Inquirer reporter is the author of five books, including “The Last Gangster” (2004), a New York Times bestseller that chronicles the demise of the Philadelphia mob. His other books are “Blood and Honor” (1991); NYT bestseller “The Summer Wind” (1999), about the Thomas Capano - Anne Marie Fahey murder case; “The Goodfella Tapes” (1998); and “Mobfather” (1993). His work has appeared in Penthouse, Playboy and The Village Voice. He also has been featured on several network television news magazine reports about organized crime and has worked as a consultant on projects for ABC, the Discovery Channel, the History Channel and National Geographic. Anastasia is also the author of a novella, The Big Hustle (2001), and has contributed to two

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The Justinian Society of Delaware County Officers: Albert M. Greto, Esq., Chancellor Roseann Termini, Vice-Chancellor Nancy C. DeMis, Esq., Secretary Alexander D. DiSanti, Esq., Treasurer

anthologies of Italian-American writers, “A Sitdown with the Sopranos” and “Don’t Tell Momma.” “Mob Files,” an anthology of articles he wrote for The Philadelphia Inquirer, was published in September, 2008, by Camino Books.

If any members were unable to attend the Celebration and wish to purchase a copy of any one of Mr. Anastasia’s books signed and sold at a discounted price for DCBA members, please contact Tracy Price at the Delaware County Bar Association, (610) 566-6625 ext. 225; Albert M. Greto, Esq., Chancellor, Justinian Society at (610) 891-9900; or Alexander D. DiSanti, Esq., Treasurer, Justinian Society, at (610) 627-1700. Signed copies of George Anastasia’s books, will be available at a Wine & Cheese Event to be announced soon . . . Look for details!

The Justinian Society presented scholarship awards to:

Leonard B. Altieri, III, West Chester University of Pennsylvania, B.A., Political Science and Latin American Studies, May, 2012; Drexel University Thomas R. Kline School of Law, Candidate for Juris Doctor, May, 2016.

“Justinian” by artist, Elizabeth C. Price The original painting was first awarded to Senator (now Judge) Francis G. Pileggi – Founder and First Chancellor, Justinian Society.

Pictured left to right – Ashley B. DiLiberto; Albert M. Greto, Esq., Leonard B. Altieri, III And last, but certainly not least, the Celebration included a special recognition of George Pagano, who with a partner, is rowing in a cross-Atlantic journey in the 2015 Talisker Whiskey Atlantic Challenge to benefit amyotrophic lateral sclerosis (ALS), the illness without a cure commonly referred to as “Lou Gehrig’s Disease.” The Atlantic Challenge is viewed as one of the world’s toughest endurance races, a 2,700-mile race from the Canary Islands to Antigua. When the journey comes to an end, Pagano plans to enroll in law school.

Be sure to catch an update on George’s travels in this issue of the Delco re:View! n

Ashley B. DiLiberto, B.S., Public Health, University of South Carolina, December, 2012; Study-Abroad Program, Florence University of the Arts, Italy; at present, a third year, full-time student, of Delaware Law School at Widener University.

Laura Rossi, B.A., History, Political Science, and Art History, Rutgers University; Master of Arts, Cultural Heritage Management and Historic Preservation Studies, Rutgers University Graduate School; Candidate for Juris Doctor, Rutgers School of Law, May, 2016.

Pictured left to right – Albert M. Greto, Esq., George Pagano, Mary Emily Pagano, Honorable George A. Pagano

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Poet

A Blossoming

28 | Spring 2016

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Welcome To Society . . .

By Madison McCormack

A great teacher is one a student remembers and cherishes forever.

Teachers have long lasting impacts on the lives of their students, and the greatest teachers inspire students towards greatness.

My neighbor, very good friend, and fellow Penncrest High School Alumni, Cindy Armitage, is an 8th grade Language Arts teacher. From backyard performances of Romeo and Juliet for neighborhood students in need of help, to her middle school classroom, Cindy embraces all of the qualities that have emerged as hallmarks of the best teaching; an engaging personality and style; and a promoter of positive behaviors and effective work habits. She maintains a respectful classroom and while expectations are high, all of her students are encouraged to work at their best level. Cindy is available after the school bell rings; she upholds a strong rapport with her students while establishing trusting relationships. Most importantly, Cindy has a passion for teaching and she understands that her work impacts her students’ future.

One evening, I was with Cindy when she was grading papers. The assignment was one where students were assigned to respond to the line “Do I dare disturb the universe?” from T.S. Eliot’s “The Love Song of J. Alfred Prufrock” as referenced in Robert Cormier’s The Chocolate War. I ask if I might look at some of the students’ work.

Truly amazed at the work of all of her students, the following poem was one of my very favorites; and here, I share it with you.

Opposite page: Pictured (L to R): Ms. Cindy Armitage, teacher, and Madison McCormack, 8th grade student in Language Arts, E. T. Richardson Middle School, Springfield, PA

Welcome to society, Please make yourself at home, We hope you enjoy your stay here, It is yours to roam.

Feel free to be yourself, As long as it’s in the right way, Always wear a smile, Even when feelings begin to sway.

You can love anyone you want, But make sure it’s who we approve, We bully you into staying put, And wonder why you want to move.

You can have opinions, But conform them to our views, Remember, we are all friends here, Only after walking a mile in our shoes Make sure to love yourself, Not too much or we’ll criticize, You are only beautiful, If you are in our eyes.

We will remind you you’re insignificant, That your best is never enough, And then weep with the others, As we pack away your stuff.

Welcome to society, A place you can be free, As long as you lose your identity, And become exactly like me. continued on next page >

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All the flowers of all the tomorrows are in the seeds of today. — Indian Proverb A Teacher/Student Interview . . .

What is your background/interest in writing?

My interest first started with reading, whether it was reading a book assigned for school, a poem, or a book of choice. I immediately fell in love with being able to read the words and feel what the author was feeling. Eventually, when required to write poems and stories for school, I started to realize that I enjoyed writing as much as reading, if not more.

How old were you when you first developed an interest in writing?

My interest in writing developed a year or two ago, when I was just entering my middle school years and was able to freely write what I wanted, not just essays analyzing books and such. Thankfully, this year has been the best year because I was required to write a poem for my first big grade.

Did a particular teacher or assignment spark your writing interest?

This year, having you as my teacher has been inspirational. You are very open to allowing people to express how they feel, and you have never discouraged a student if their writing isn’t up to par. You understand that some students struggle with free writing due to a lack of experience. Since the beginning of the year, you have encouraged me to continue writing, read it aloud, and try and have my poems published.

Have any family members influenced your interest in writing? Please share names, careers and relationships to you, anecdotes, etc., that will bring you and your family to life in connection to writing.

I do have a reading and writing background. My mother, Melissa McCormack, is an English as a Second Language teacher, and my Grandma, Linda Scarpati, is a high school English teacher.

They have always encouraged me to express myself and write freely, and they play a huge part in my motivation to write and have it noticed.

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Do you have career aspirations? Do they include writing in any way?

Honestly, I am not yet sure what I want to do. It will be something for which I have a passion and I definitely want to go to college. I may major in something based around writing, but I also don’t mind keeping writing as a hobby. I am intrigued with criminal law and criminal justice as well, and hold that as a high option on what I will pursue in my future.

Do you have a dream college or dream career?

Nothing specific at this but it is often in my thoughts.

Have you won any awards or has your writing been published or recognized in the past?

Not unless you count getting A’s on my papers! But no, I have not received a reward nor have I had any of my work published.

I am hoping to have my poems posted in our school newspaper, that will be the first time my work has been published. I am very excited and appreciative of the opportunity.

Do you have a favorite genre of writing?

My favorite genre of writing would be either narrative writing or creative writing. I love to write poems where I can just freely write about what I want, but I also don’t mind having a theme I have to write about, as long as it isn’t too constricting for ideas.

For one of my assignments this year we had to write a 5-6 page narrative, and I loved that too because I was able to go into more detail about the people I was writing about or explaining the situation they were in, instead of having to fit my writing into a page or two of double spaced lines.

In what environment do you write best?

I work better while listening to music; the style depends on what mood I am trying to set. If I am going for a sadder mood, I’ll listen to slow and quiet songs, observe what I feel, and then I try to write a story based upon my observations and feelings. To write a happy story, I am motivated by upbeat and catchy music.

Assigned pieces help when I don’t know what to write about, the requirements of the assignment serve as a guide.

Your own favorite piece of writing is….

My own favorite piece of writing would have to be my narrative or my forwards backwards poem. Both of them deal with the aspect of not liking who you are as a person and bullying, which are usually topics I write about because I want those who are reading my work to feel connected with the characters.

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THE OFFICIAL PUBL

A favorite author…Are you inspired by music or your reading? If so, how?

I don’t have a favorite author, but I am deeply inspired by music.

When I listen to music, I think of a story that would fit the song, and I just start writing. I will listen to the song in repeat mode the entire time I am writing so I do not lose the feeling I get while listening.

Any other information you would like to share?

I would just like to thank those that feel my writing is worthy and special enough to be published. I honestly never saw anything special about my writing, I just knew that it was decent and I enjoyed it. To have others repeatedly tell me that my stories and poems are great really boosts my confidence.

A free choice assignment: Reverse Poetry - Reverse poetry is a poem that can be read forwards one way and have a meaning, but also be read backwards and have another different meaning.

The “Wrong” Magnificence

by Madison McCormack

“You are a stain on our memory” and I’ll never hear them say again words that cease my worries “I love you” they now murmur those words I despise “I hate you” Today was the worst day ever and it’s funny how I thought I am the hero they want but the horrible villain I was I am no longer they will believe I’ve realized that there is no forgiveness I was forgotten I was thrown away like trash and the biggest lie is I am loved ~Now read the poem backwards~ n

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In M e m or ia m

WINTER 2016

Clarence D. Bell, Jr. Angelo A. DiPasq ua Bruce A. Irvine Joseph W. Kauffm Rosemary C. Mc an Muni George S. Saulni gal er

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What’s Trending . . .

POLAR BEARS

April was off to a cold start — complete with a Polar vortex which took a southward plunge, sending arctic air and the potential for snow toward northeastern United States, including Pennsylvania. May the plunge continue . . .

By Tracy E. Price, Editor

A Human Interest Story TAKE THE PLUNGE . . .

Into life, that is!

I was very motivated to publish this article in this issue of the Delco re:View, Spring, 2016, especially following my recent review of The American Film Institute’s “100 Years...100 Movie Quotes” list of the top 100 movie quotations in American cinema. A jury consisting of 1,500 film artists, critics, and historians selected “Frankly, my dear, I don’t give a damn,” spoken by Clark Gable as Rhett Butler in the 1939 American Civil War epic Gone with the Wind, as the most memorable American movie quotation of all time. No disrespect to this film, regarded as one of the greatest of all time, but my vote goes to “We’re going to attack the ocean instead of the English army!”

Frankly, DCBA member Frank Urso, Esq., does give a damn.

Dressed in full regalia as William Wallace, Urso galloped up and down the ranks with a toy horse that clacked and neighed as he led thousands of brave individuals to take that faithful leap into the frigid waters of the Atlantic Ocean. “We’re going to attack the ocean instead of the English army,” said Urso, referencing the Scottish Knight depicted by Mel Gibson in the movie Braveheart. The annual event in Sea Isle City, NJ, was held this year on February 13th, it was brutally cold, even by polar bear standards, with air temperatures in the low 20s, ocean temperatures in the 30s and wind chills barely above zero!

Urso’s attack on the ocean was part of a yearly ritual in Sea Isle City, the Polar Bear Plunge, where as many as 2,000

32 | Spring 2016

people pay to participate in an absolutely frigid affair. LaCosta Lounge sponsors this unbearable event while all proceeds benefit city wide events sponsored by the Sea Isle City Chamber of Commerce and Revitalization; specifically in 2016, proceeds benefitted Autism Speaks, Special Services Schools, Autism Support Groups, and Families of Special Needs Children.

For the 10 years Frank and his wife Fran have owned a home in Sea Isle City, Frank has plunged into the water every winter to benefit city wide events for charity. In recent years, Frank has assumed a leadership role in taking the plunge where costumes have ranged from Elvis impersonators, The Little Mermaid, to a mixture of superheroes. The event provides Frank the opportunity to gather with family, friends and colleagues and make a difference.

PLUNGE INTO LIFE WITH PASSION, HARD WORK, COMPASSION, DISCIPLINE AND HUMANITY . . .

Hard Work . . . “With hard work, you can do anything.” Born in South Philly, Urso grew up in Yeadon, graduated magna cum laude from the University of Pennsylvania, went on to Temple University Law School, and won a seat on Yeadon Borough Council at age 24. Now, a practicing attorney for over 30 years, his Media-based practice, Urso & Weinrich, specializes in the areas of Family Law, Divorce, Probate Matters, Family & Divorce Mediation. Offered the position by the late Delaware County President Judge Joseph Battle, Urso served as a Custody Master in Delaware County, where he served in family law.

Known as a straight shooter on and off the bench, Frank took a commonsense, children-first approach to each case with success.

Compassion . . . Urso serves as Minister to the Order of Franciscans Apostolate at St. Francis Fraternity in Springfield.

“It is Franciscan spirituality that consumes me most at this point in my life and will consume me for the rest of my life,” says Urso. Recently, at the gathering of all Franciscan Ministers in the St. Katherine Drexel Region of the Order of Franciscan Secular held in Easton, Pennsylvania, he was privileged to be elected to Regional Council by the vote of all local ministers. So, in addition to serving as a Minister to the Order of Franciscans Secular (not Apostolate) at St. Francis Fraternity in Springfield, he now feels blessed to serve as a member of the St. Katherine Drexel Regional Council of the Order of Franciscan Secular.

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Both aspects of his life, professional and that which is faith driven, has compelled his interest in autism research and awareness. “It affects me because I’m a family lawyer, and many children are afflicted with autism,” Urso said, adding that through his involvement in the church, which offers community outreach at the Emmaus Home in Essington, “I fell in love with the whole thing.”

Discipline . . . Frank has earned several black belts in martial arts; he has competed in kung fu full-contact fighting; and, he has taught Praying Mantis Kung Fu. He appreciates martial arts for “the discipline, the respect, the harmony and balance it gives you in your everyday life. It teaches values that are fading from everyday life. You don’t get a lot of respect. You don’t see a lot of discipline.”

Humanity . . . Frank understands that “every day is a blessing.” He is a proponent of animal rescue; an advocate for children and family; and notably, as a humanitarian, he is one to help to improve the welfare and happiness of people. Urso credits his father, whom he affectionately

refers to as “Big Frank,” and his own days as a doorman at the old Bellevue Stratford Hotel, for honing his people skills. Big Frank’s theory, and one to live by, is “Like everybody that you meet until they give you a reason not to.”

Moving hearts to sing and souls to dance! Urso, a long time fan of “The King,” has taken the stage as Elvis, donned in a black jumpsuit trimmed in gold, singing and performing Elvis’ moves which he believes stem from martial-arts techniques. He has crooned through the county with his passion for bringing back the Rat Pack; and has performed with The Brothers Review — a fun-loving singing group that includes Urso, his wife, father-inlaw and friends, who have hit nightclubs and restaurants in the five-county area over the years.

Rumor has it that Urso will lead his followers in the ocean in 2017 to the theme of “Noah’s Ark”; the vessel in the Genesis flood narrative (Genesis chapters 6–9) by which God spares Noah, his family, and a remnant of all the world’s animals from the flood.

TAKE THE PLUNGE INTO LIFE . . .

BE A BRAVEHEART!

What’s Trending . . .

CHICKS V. BUNNIES

A Non-Human Interest Story “We the Peeple . . . Food for Thought” Ninety-two years ago, Sam Born opened a little candy store in Brooklyn selling daily-made confections he boasted were fresh because they were “just born.”

In 1953, the Just Born Company began producing marshmallow chicks called Peeps, and the sugary, squishy treats now have a huge, devoted following.

FOOD FOR THOUGHT Think about it. If we can mass produce millions of anything in minutes and bring together a diverse culture of creative, passionate “peeple” . . . just imagine the possibilities!

Millions Are Made In Minutes . . . In 1953, it used to take 27 hours to make a single Peep because each one was hand-squeezed from a pastry tube. Now it takes six minutes, thanks to owner Sam Born’s son, Bob, who mechanized the process in 1954 with a special machine still used today. — Just Born Quality Confections White Is Back In . . . Yellow and white were the original Peep chick colors, but white has been on hiatus for the past decade. Due to popular demand, white is being reintroduced. — Just Born Quality Confections continued on next page > Spring 2016

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They Can Circle the Earth . . . An average 5.5 million Peeps are made every day, adding up to 2 billion Peeps a year — enough to circle the Earth three times. — TRIPPLAAR KRISTOFFER/Newscom George Would Approve . . . Any extra Peeps? You can stack 2,664 Peep bunnies in a straight line to match the height of the Washington Monument. — Malcolm Park They Even Have Their Own Store . . . Where is there a huge, cuddly Peep? At the first Peeps & Company store, which opened in 2009 just outside of Washington, D.C., at the National Harbor waterfront center.

Some Like ‘Em Stale . . . Do you like your Peeps fresh or stale? Many love them fresh and fluffy, right out of the box. Others insist they are better if left out for a week to get firm and “mature,” as the company likes to describe it. — Shutterstock Foodies Love Them . . . Google “Peeps recipes” and you’ll find every possible Peep permutation, including Peep fondue, Peep sushi, Peep pizza, Peepsicles, even Peeps pots de crème. — David M. Goehring/Creative Commons Artists Love Them, Too . . . Peep fans are endlessly inventive. The annual Washington Post Peeps Diorama Contest draws 700-plus entries re-creating Peep versions of everything and everyone from famous politicians (“Presipeep Obama”) to famous paintings (“Nightpeeps”). — The Washington Post/Getty Images No kidding, They Even Joust . . . Peeps jousting is unexplainably popular. Put two Peeps on a plate facing each other, each inserted with a toothpick that sticks out in front like a lance. Heat in microwave. The Peeps will expand until one’s toothpick “stabs” the other and becomes the winner. — Eric Chan/Creative Commons You Can Drink Your Peeps . . . Can you believe, Peeps-flavored milk? Yes, Prairie Farms milk has unveiled three Peeps flavors for Easter, although only in the Midwest. Frankly, at a whopping 37 grams of sugar in an 8-ounce serving (about as much as in 12 ounces of Coca-Cola), this is really more like drinking Peeps with a little calcium. — Courtesy of Prairie Farms Dairy Chicks Beat Bunnies . . . Chicks outsell bunnies. In fact, 4 out of every 5 Peeps purchased are chicks. — Shutterstock

HERE IS ONE FOR THE BUNNIES . . .

Marshmallow Bunny Peep-Tini What You’ll Need (makes 1 drink): • 1 oz Marshmallow Vodka (Brands include Smirnoff Fluffed and Poppin’ Marshmallow Puff) • 2 oz Cranberry Juice • 1 Peeps Marshmallow Bunny • Easter-themed Candy Sprinkles • Simple Syrup (1 tbsp. sugar + 1 tbsp. water) • Martini Glass Directions: 1. Make simple syrup by microwaving 1 tbsp. sugar and 1 tbsp. water on high for 30 seconds. Stir for 30 seconds. Pour simple syrup onto a saucer.

2. Pour sprinkles on a separate saucer. Dip martini glass into simple syrup and then in sprinkles to create a candy rim.

3. In a shaker, pour Marshmallow Vodka and Cranberry Juice over ice. Shake for 30 seconds.

4. Strain into rimmed martini glass.

5. Garnish with Marshmallow Bunny Peeps.

AND ANOTHER ONE FOR THE BUNNIES . . . What is tipping the scale in their favor?

Meet JORGE, Andrew Edelberg’s very first pet!

Pet owners frequently characterize themselves in terms of their animals—“I’m a dog person” or “I’m a cat person.” What is it about rabbits, why be a “rabbit person”? According to current data from the American Pet Products Manufacturers’ Association, rabbit ownership has increased dramatically over the past decade. There are now approximately 5.3 million companion rabbits owned by 2.2 million households in America.

What is tipping the scale in their favor?

Rabbits have strikingly distinctive personalities. They can be as playful as puppies or kittens, as independent and fascinating as cats, or as loyal and openly affectionate as dogs. The intelligence of a rabbit, although very different from other species, is just as adaptive and elegant. Once initiated into a family, they form very close bonds with their owners.

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Jorge! n

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Lookin’ to try out your special chili recipe?

Then get cookin’ and join us for the DCBA

CHILI CONTEST Thursday, May 19, 2016 4:30 p.m.-7:30 p.m.

Delaware County Bar Association For contestants interested in entering their chili in the contest, the grand prize will be a waiver of DCBA membership dues for 2017. The first 10 contestants who register will be eligible to participate, and there is no admission cost for those who register as contestants.

Admission is $20 per person, and is open to members and their families. Admission includes beer, wine, salad and cornbread, along with samples of your colleagues’ delicious chili. ($10 from each ticket will be donated to Legal Aid of Southeastern Pennsylvania). Attendance is limited to 60 people.

For more information about entering your special chili or registration, go to www.delcobar.com

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