Page 1

www.DelcoBar.org

SUMMER 2015 THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION

Oyez, Oyez The Court Is Now in Session!

INSIDE/OUT ART IN MEDIA


Business Solutions That Work for Attorneys and Clients! Payroll Services

• Initial 60 days of free payroll processing Merchant Services

Powe red b y Newt ek ®

Proud Af finity Par tner of the Delaware Count y Bar Association

• Guaranteed to meet or beat current

merchant processor or receive $250

IOLTA Accounts Owner-Occupied Commercial Mor tgages Lines of Credit /Credit Cards

Federally insured by NCUA Equal Oppor tunity Lender

fmfcu.org/business

610-359-3899 businessser vices@fmfcu.org

Workers’ Compensation The Law Offices of

Geoffrey Hillsberg Keep your Delco cases in county. Strengthen your client relationships by referring them to a local Delaware County attorney with roots in the community, providing quality, personal service you can trust.

• Over 17 years of experience representing workers in the Commonwealth of PA • Active member of the Delaware County Bar Association • Member of the Pennsylvania Association for Justice • Conveniently located in the heart of Media, PA • No Recovery, No Fee Policy • FREE Consultation

610.566.0600

Referral fees honored as allowed Home/Hospital Visits Available • Easy Access to Public Transportation All Calls Returned Promptly 115-117 West State Street, Suite 400, Media, PA 19063

www.HillsbergLaw.com


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

SUMMER 2015

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

DCBA Staff

4

President’s Message

6

Talent & Promise...

9

Judicial Selection Plebiscite

10 Law Day 2015 Magna Carta: Symbol of Freedom Under Law Brilliant Beyond Suess Take Excellence Personally 13 Meet the Bench Bar Conference Sponsors 14 I

Bench Bar Conference

15 Delaware County Hosts Commonwealth Court 16 The “Inn” Crowd 17 Real Estate Practices Committee 2015 Seminars 18 Helping to Turn Lives Around...

William L. Baldwin, Esquire Executive Director Tracy Price Marketing Director & Editor 610-566-6627, x 225 Tracy@delcobar.com Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 PO Box 466 P (610) 566-6627 • F (610) 566-7952 www.DelcoBar.org The opinions expressed in this material are for general information only and are not intended to provide specific legal or other advice or recommendations for any individuals. The placement of paid advertising does not imply endorsement by the Delaware County Bar Association. All rights reserved. No portion of this publication may be reproduced electronically or in print without the express written permission of the publisher or editor.

20 Loyal to Family, Community and to the Law, The Honorable Robert C. Wright Memorial Resolution 22 The Delaware County Bar Association Educating the Public! 23 2015 Edition, Delaware County Elder Handbook & Resource Guide is Available! 24 “We’re the Gatekeepers” 26 Inside/Out Art in Media 28 What’s Trending This Summer 30 Kudos & Accolades!

P U B L I S H E D

B Y

31 Delaware County Bar Association Ireland Adventure 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.


PRESIDENT'S MESSAGE

Attention Delaware County Bar Association Members: Kristen M. Rushing, Esq., President

Y 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. 4 | Summer 2015

our membership with us affords you many great benefits, including low cost/no cost CLE programs, great social events, and discounts through the Association’s Affinity Program. However, one of the most important benefits is the ability to participate in the new Mentoring-Networking Program. Whether you are a new attorney, or just new to the practice of law in Delaware County, learning the “ins and outs” of local court procedures can be daunting. Critical components of a successful practice are knowing the court system and networking with your colleagues. To help you adapt to practice in Delaware County, the Bar Association has created a “Mentoring-Networking Program.” All new members will be assigned a mentor, who is a seasoned attorney from whom you can learn more about the Delaware County legal community. Some benefits of having a mentor are:

• Your mentor can provide you with practice guidance.

• Your mentor can accompany you to Bar Association events to introduce you to judges and your colleagues. • Your mentor can “teach you the ropes” and give you practical tips on starting your legal career. • Your mentor can serve as a “sounding board” with whom you can share ideas. Please consider taking advantage of this great opportunity. We hope that having access to a mentor will be a great foundation on which you can build a successful practice. If you have any questions about the Mentoring-Networking Program, please contact either of the Co-Chairs: John Neumann Hickey (610) 891-8883 or Carrie Woody (610) 566-8770. Kristen M. Rushing, Esq., President


www.DelcoBar.org

GUESS WHO? “Every moment in time gives us the chance to love, to learn, to dream, and to become more than we ever imagined.” Like a fine wine . . . Can you identify the long standing member of the Delaware County Bar Association pictured below?

AttornEy DiSCiplinAry AnD EthiCS mAttErS StAtEWiDE pEnnSylVAniA mAttErS no ChArGE For initiAl ConSUltAtion

Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct

James C. Schwartzman, Esq.

• Member of the Supreme Court of Pennsylvania Judicial Conduct Board • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants Legal Malpractice Law 1818 Market Street, 29th Floor • Philadelphia, PA 19103 (215) 751-2863

Keeping the Comforts of Home ™ Helping Trusted Advisors Care for Their Clients As a professional advisor, clients rely on you to maintain their fiscal wellbeing. Comfort Keepers® can help you achieve this important goal with cost-effective care solutions that keep clients in their own homes.

In-Home Senior Care Services • Companionship • Meal Preparation • Personal Care • Light Housekeeping Employed, Supervised, Screened, Trained and Bonded Staff. Comfort Keepers has earned a reputation as a quality care provider with our commitment to clients’ wellbeing, communication with our care partners and extensive caregiver recruiting and training programs. Call the office nearest you King of Prussia, PA Springfield, PA

(610) 543-6300

(610) 783-7878

Most offices independently owned and operated. © 2015 CK Franchising, Inc.

ComfortKeepers.com Summer 2015

|5


www.DelcoBar.org

FEATURE

TALENT & PROMISE . . .

Pictured (L to R): J. Michael Sheridan, Esq.; Michael H. Hill, Esq.; and Hon. John P. Capuzzi, Sr.

“Thank you for choosing such fantastic and well deserving recipients for this year’s Awards. It was great to see such unanimity in the members there in applauding these obvious choices for accolades.” Colleen M. Neary, Esq., Chairman, Bench Bar Conference Committee

6 | Summer 2015

The E. Wallace Chadwick Award is presented annually at the Delaware County Bench Bar Conference to a member of the Delaware County Bar Association who has served the legal profession in the furtherance of intraprofessional development, communication and education . . . To J. Michael Sheridan, Esq., who began his career at the prestigious and competitive firm of Kassab, Cherry, Curran & Archold in 1980. He landed in Delaware County after attending Law School at Catholic University in D.C. Upon joining the Delaware County Bar Association, he took up with the likes of Rocco Imperatrice, Bob Firsker, Jerry Montella and Mike Wenke. The contributions Michael has made to the Bar and to the legal profession are countless. He has served on the Trial Practices Committee, the Civil Division Legal Education Committee, the Arbitration Committee, the Bench Bar Committee and he is currently the chair of the Unauthorized Practice of Law Committee and the co-chair of the Labor and Employment Law Committee. He has served this Bar Association throughout the ranks on the Board of Directors, up through his Presidency in 2006. He also was one of the co-founders of the Lawyer’s Softball League, which is still active today. He played a large part in the Lawyer’s Club of years past behind the scenes. Michael has served on various CLE panels for the Bar Association and has always been willing to lend a hand to another member of our Bar. His commitment


www.DelcoBar.org

to our Bar Association is only matched by his commitment to his family and community. Besides serving as the Solicitor for Newtown Township and for the Chadds Ford Sewer Authority, he has dedicated his time to coaching the Academy of Notre Dame Girls Volley Ball Team, as well as a local softball team. I was told that when he began coaching the volley ball team, he only agreed to do so because his daughter, Kelly, was playing; however, she is now 29 years old and he is still there. He has been married to his wife, Jackie, for over 35 years, and they have been a part of the Delaware County community for just as long. Michael exemplifies what this Bar Association is about and he has worked his entire career to further our profession. Congratulations, J. Michael Sheridan! Presented by Colleen M. Neary, Esq., Chairman, Bench Bar Conference Committee.

Throwback . . . January, 2007! Pictured: J. Michael Sheridan, Esq., supported by his Notre Dame Girls Volley Ball Team, as Michael prepared to hand over the gavel to the Delaware County Bar Association’s 2007 President, Mary V. Z. Wachterhauser, Esquire.

continued on page 8

WHEN EXPERIENCE MATTERS...

SWEENEY & NEARY, L.L.P. F A M I L Y

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:

Michael R. Sweeney, Esquire Colleen M. Neary, Esquire Kristen M. Rushing, Esquire Kathleen A. O’Connor, Esquire Patrick T. Daley

• • • • • • •

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 • www.SweeneyNearyLaw.com Summer 2015

|7


www.DelcoBar.org

TALENT & PROMISE . . . The Nicholas D. Vadino, Jr., Memorial Award of the Delaware County Bar Association is presented annually at the Bench Bar Conference to a member of the Association for significant contributions by a young lawyer to the organized bar . . . To Michael H. Hill, Esq., a graduate of Devon Preparatory School then Fordham University. He is a Fordham University EMS lifetime Member and served as Director of Fordham University’s on-campus student run Ambulance Corp. Michael graduated from Widener Law School in 2010, and presently serves as Assistant District Attorney. He is a hard worker with a keen eye for details. As Assistant District Attorney his responsibility is to handle criminal cases in conjunction with local law enforcement and represent the Commonwealth of Pennsylvania in Court; prepare court documents, legal briefs and motions to argue in Court of Common Pleas; represent the Commonwealth of Pennsylvania at all stages of criminal prosecution including preliminary hearings, pre-trial conferences, negotiating guilty pleas, bench trials, jury trials, sentencing and parole revocations; and prosecute all cases including simple misdemeanors to serious cases including homicides, violent crimes (including armed robberies, burglaries, aggravated assaults and felony level drug cases). Michael is currently assigned to the Honorable John P. Capuzzi, Sr., trial team division. He previously held positions in Juvenile and Pre-trial divisions. His time with the Delaware County Bar Association has been marked by dedication, evidenced by never having missed a single Young Lawyers’ Section meeting, and, innovation as he works to bring new programs to the Section and constantly endeavors to improve those already in place. In addition, Michael serves as Vice Chair, Committee Member, for the Marple Township Parks and Recreation Committee. He also serves as the Attorney Advisor to Devon Preparatory School’s Mock Trial team. Sessions with students center on the development of proper questioning techniques by the student attorneys and sound testimony by the witnesses. Congratulations to Michael H. Hill, Esquire Presented by Ryan M. Grace, Esquire, President, DCBA Young Lawyers’ Section. The Donald J. Orlowsky Award of the Delaware County Bar Association is presented annually to the individual who has contributed most to the improvement and fostering of good Bench Bar Relations . . . To The Honorable John P. Capuzzi, Sr., who was elected to the bench in November, 2011, and sworn in January 3, 2012, to a ten-year term on the Delaware County Court of Common Pleas. Judge Capuzzi graduated from LaSalle University with a Bachelor of Arts

8 | Summer 2015

continued from page 7

Degree in 1969 and Master in Business Administration in 1983. He obtained his Juris Doctor from the Delaware Law School of Widener University in 1988. Judge Capuzzi is admitted before the Supreme Court of the United States, the Pennsylvania Supreme Court, the Federal Court for the Eastern District of Pennsylvania and the District of New Jersey. Judge Capuzzi is a Life Member and Past President of Yeadon Fire Company No. 1. He also served as President of Yeadon Borough Council from 1982 through 1989; the First Ward Commissioner for Marple Township from 2000 through 2005; and held the title of President of the Board of Commissioners in 2001 and 2005. Judge Capuzzi has served as President of the Broomall Little League and the Guy G. deFuria American Inn of Court. In 2012, Judge Capuzzi was presented with the Guy G. deFuria Award in recognition of his outstanding legal ability, professionalism and high ethical standards. From 1988 through 2005, Judge Capuzzi served as a Deputy Attorney General in the Torts Litigation Section of the Pennsylvania Office of Attorney General. During that time, he litigated major, complex cases for various state agencies including PennDOT, the Liquor Control Board, the Pennsylvania State Police, and the Department of Welfare. Starting in 2006, Judge Capuzzi served as the Magisterial District Judge for Wards 1, 3 & 4 of Marple Township and Ward 9 in Haverford Township. In addition, from 2006 to 2011, he was a partner in the law firm of Imperatrice, Amarant, Capuzzi & Bell, P.C., where he concentrated in litigation. Judge Capuzzi served in various leadership capacities with the Delaware County Bar Association and Delaware County Magisterial District Judges’ Association. He was also a member of the Pennsylvania Bar Association and served as a Zone 9 Delegate. As a practicing attorney, Judge Capuzzi was AV rated (highest legal ability and ethical standards) in Martindale Hubbell. Presented by the Honorable Chad F. Kenney, President Judge.

“No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it.” —Theodore Roosevelt


www.DelcoBar.org

FEATURE

JUDICIAL SELECTION PLEBISCITE By Kristen M. Rushing, Esquire

W

ith the primary election just having passed, I wanted to take this opportunity to talk about one of the many important functions of the Delaware County Bar Association. In keeping with its mission to serve the legal community and the general public, the Bar Association holds a “Judicial Selection Plebiscite” prior to any primary election in which candidates are running for seats on the Court of Common Pleas of Delaware County. For decades, this plebiscite has given members of the Bar Association a vehicle by which to evaluate judicial candidates and share their opinions about the candidates’ qualifications. This poll/plebiscite is developed, distributed, and tallied by the Judicial Selection Committee, which is a bi-partisan body with no affiliation to any judicial candidate. To conduct the plebiscite, the Committee solicits statements of qualifications from all judicial candidates and distributes those statements to the general membership. The membership is asked to rate each candidate as “well qualified”, “qualified”, “not recommended”, or “no opinion”. This is a polling of all Bar Association members, who have first-hand knowledge of the candidates through their interactions with them in the court system or in the normal course of business. All candidates, regardless

of party affiliation and regardless of membership in the Bar Association, are invited to participate in the process. The statements of qualifications and ballots are sent to the entire Association membership, which is comprised of attorneys with different partisan or political affiliations. The Association has always prided itself on the objective and non-political way by which it has conducted the plebiscite. The results are then published as tabulated, reflecting the total votes cast in each category, and do not represent the opinion of the Committee or Board of Directors of the Association, but rather the opinions of individual member attorneys. The publication of the plebiscite results is not an endorsement of any candidate, as the Bar Association does not endorse judicial candidates. The Judicial Plebiscite represents one of the ways by which the members of the Delaware County Bar Association can provide attorneys and the public with important information about the judicial system.

Summer 2015

|9


www.DelcoBar.org

FEATURE

Law Day 2015 MAGNA CARTA:

SYMBOL OF FREEDOM UNDER LAW May, 2015. All members of the Bench, Bar, legal community and public were invited to attend the Delaware County Bar Association’s 2015 Law Day ceremonies on Friday, May 1, 2015, in the Honorable John V. Diggins Ceremonial Courtroom, Delaware County Courthouse. Law Day activities followed the morning ceremony at The Historic 1724 Courthouse, in Chester, Pennsylvania. Several months of activities sponsored and led by Bar Association Members culminated on Law Day, including a Law Day Program held in area high schools and at Delaware County Community College. Law Day events included a Courthouse Program for area elementary schools. The Young Lawyers’ Section held a Mock Trial Competition, which concluded just before Law Day, and there were essay and art contests for area elementary, middle, and high school students. A theme is chosen each year to provide an opportunity to spotlight a particular aspect of the rule of law or legal process and how it affects our daily lives. The theme this year, “Magna Carta: Symbol of Freedom Under Law,” celebrated the Magna Carta as a significant document in human history that embodies a simple but enduring truth: No one, no matter how powerful,

10 | Summer 2015

is above the law. In the eight centuries that have elapsed since Magna Carta was sealed in 1215, it has taken root as an international symbol of the rule of law and as an inspiration for many basic rights Americans hold dear today, including due process, habeas corpus, trial by jury, and the right to travel. The Delaware County Bar Association thanks those who attended the ceremony this year and for joining Association members in rededicating themselves to advancing the principle of rule of law here and abroad. This celebration of the 800th anniversary of Magna Carta, the “Great Charter of Liberties,” was possible thanks to the hard work and dedication of the 2015 Law Day Committee: Robert R. DeLong, Jr., Esq., Chair; Eugene A. Bonner, Esq.; John F. Bonner, Esq.; Steven Lee Chanenson, Esq.; Lindsey J. Conan, Esq.; Patrick T. Daley, Esq.; David S. Daniel, Esq.; Kristina DeSenze, Esq.; Patricia H. Donnelly, Esq.; Andrew J. Edelberg, Esq.; Karen E. Friel, Esq.; Robert F. Kelly, Jr., Esq.; Mary K. Kennedy, Esq.; Amanda S. Konyk, Esq.; Jane Ann North, Esq.; David E. Robbins, Esq.; Aimee M. Taylor, Esq.; Ex Officio: Kristen M. Rushing, Esq., President; William L. Baldwin, Esq., Executive Director; Tracy E. Price, Public Relations Director.


www.DelcoBar.org

FEATURE

Brilliant Beyond Suess By Tracy E. Price, Editor

“Look at me! Look at me! Look at me NOW! It is fun to have fun, but you have to know how.” Annual Law Day events include a Courthouse Program for area elementary schools. I was fortunate in having the opportunity to attend the program this year, where the Cat in the Hat was found guilty in a criminal case. The program was brilliantly executed and quite successful in showing students just how trials are conducted in court. A favorite children’s story cat was found guilty on one count each of criminal trespass and criminal mischief stemming from an incident where he broke into a home and caused chaos with two unattended children. The feline, known only as “The Cat in the Hat,” was found guilty by a jury of fourth grade students from Glenwood, Media and Rose Tree Elementary schools, casting a majority guilty vote of 150 to 53. The Honorable Nathaniel Nichols sentenced the cat to clean his litter box after the verdict was read. The trial was led by prosecutor Jane North-Steiner and defense attorney Andrew Edelberg who took testimony from the children’s mother, Thing 1 and Thing 2, and the pet gold fish prior to allowing the jurors to cast their vote. “He should not be here said the fish in the pot. He should not be here when your mother is not.”

Jane North-Steiner, Prosecutor (above), shows students how they can exercise their democratic rights! The children’s mother stated she was going to meet “a new neighbor she did greet,” when she left her children alone in the house on a rainy day. It was sometime after she left that “The Cat in the Hat” entered the house and began to play games with the children and cause havoc. “I know it is wet and the sun is not sunny, but we can have lots of good fun that is funny.” All scripts written for this mock trial were done in the same unique style of rhyming used by Dr. Seuss.

“The more that you read, the more things you will know. The more that you learn, the more places you’ll go!”   Law Day 2015 continued on page 12

Summer 2015

| 11


www.DelcoBar.org

Law Day 2015

continued from page 11

Pictured left to right: Kristen M. Rushing, Esq., President, DCBA; Denise Stewart, Executive Director, COSA; President Judge Chad F. Kenney; Lewis B. Beatty, Esq.; Tim Masterson, Founder/President, James A. Masterson Foundation

TAKE EXCELLENCE PERSONALLY

Themis Award – Presented annually by the Delaware County Bar Association to a non-lawyer who has performed outstanding services in an area which has engendered great respect for the law, stimulated the concept of individual responsibility, and recognition of responsibilities as a citizen. Presented by Robert R. DeLong, Jr., Esquire, Vice President and 2015 Law Day Chairman, to . . . County Office of Service for the Aging (COSA). Mission: To plan, develop, coordinate and administer a comprehensive and coordinated service system for older county residents. To provide wellbeing and to maintain independence and dignity in a home environment for as long as possible. Liberty Bell Award – Presented annually by the Young Lawyers’ Section of the Delaware County Bar Association which recognizes an individual, not a lawyer or judge, for his or her outstanding community service, an individual whose activities promote the spirit of our Constitution. Presented by Ryan Grace, Esquire, President, DCBA Young Lawyers’ Section to . . . Tim Masterson, Founder/President of the James A. Masterson Foundation, established in the year 2010. Mission: “To help people in crisis” . . . by raising

12 | Summer 2015

awareness of global problems that are invisible to those who live in first world countries and support a number of charities and organizations that provide cleft palate surgeries and water filters for clean water for those in third world countries, and support the veterans that have served our country. Elizabeth C. Price Award – Created in 1999 to honor 25 years of dedication, commitment, energy and most of all loyalty, which Elizabeth C. Price dedicated to the Delaware County Bar Association. Hired in 1974, Elizabeth served as the Association’s first Executive Director; purely due to the strength of her gifts and personality, the position became one of authority, influence, and prominence. Her leadership became the model for other bar associations throughout not only the state, but the country, and she was instrumental in building our Association into a truly professional organization. Recipients of the award should reflect Elizabeth’s spirit of volunteerism, dedication and loyalty to the Bar Association and should be performing services that reflect well upon the image of all lawyers and in particular, the Delaware County Bar Association. The services should include, among other things, services to or for the Bar


FEATURE

Association as well as services to or for the community. Presented by Colleen M. Neary, Esq., 2014, Elizabeth C. Price Award Recipient, to . . . Lewis B. Beatty, Jr., Esquire, one of the original signers of the beautiful Resolution honoring the Award’s namesake, and the first President elected to serve with Elizabeth C. Price on board as Executive Director. Mr. Beatty’s roots in Delaware County go back to his birth in 1925. He is a graduate of Swarthmore High School and Cornell University College of Engineering. During World War II, he served in the U.S. Navy in the Pacific in the Phillipines as a member of the United States Naval Construction Forces, otherwise known as the “Seebees.” After his service to our country, he attended the University of Pennsylvania Law School, graduating in 1949, and thus began his loyal membership in the Bar Association for over 65 years. He is a former President of the Delaware County Bar Association and a former member of the House of Delegates of the Pennsylvania Bar Association. Active in community service, he served as Chairman of the Board of Directors of Crozer Keystone Health System and Delaware County Memorial Hospital and as President of the Board of Directors of Sunnycrest Farm for Boys. He is a member of the Media Rotary Club, the Swarthmore Presbyterian Church (where he has served as a Trustee, Elder and Deacon), and the Union League of Philadelphia. He has been a member of the American College of Trust and Estates Counsel for over 32 years. He served as a solicitor for Delaware County Intermediate Unit for 29 years and was a solicitor for the School Districts and Boroughs of Media, Glenolden, and Morton and the Upper Darby School District and the Township of Birmingham. For many years Mr. Beatty has been one of the guiding forces on the Association’s Historical Records Committee and has been an inspiration to many for his commitment to preserving the history of the Association and celebrating its members. He continues to practice law in the area of estate planning and administration. He will celebrate his 90th birthday this year, along with his wife, Peggy, to whom he’s been married for 65 years. He continues to spend a lot of time at his mountain cabin, regularly attends performances at the Philadelphia Orchestra and sings with his singing group, The Rose Valley Voices.

FEATURE

www.DelcoBar.org

MEET THE BENCH BAR CONFERENCE SPONSORS Preparing for the Delaware County Bar Association’s Annual Bench Bar Conference requires a great deal of planning and coordination by the Conference Committee and the local Bench. The goal of the planners is to develop and deliver quality legal education seminars to the members of the Association, while providing attorneys with the opportunity to network and enjoy collegiality. The ability of the DCBA to deliver this quality legal education to its members is due in large part to the financial support of its many sponsors and affinity partners. In addition to providing our membership with great benefits, these partners contribute to the success of each Bench Bar Conference through their financial sponsorships and participation in the event. The Delaware County Bar Association would like to extend its gratitude to the following companies/individuals who supported this year’s Conference:

E. Wallace Chadwick Memorial Fund George B. Lindsay Foundation

DCBA Family Law Section

Congratulations to Lewis B. Beatty, Jr., Esquire, one of Delaware County Bar Association’s most gracious and long standing members! Summer 2015

| 13


www.DelcoBar.org

I

FEATURE

BENCH BAR CONFERENCE “I always get stuck carrying the club – guess that’s because Kristen has such a big heart!” Pictured (L to R): Scott C. Gottel, DCBA President Elect, and Kristen M. Rushing, DCBA President

Please join us on June 8, 9, and 10, 2016, at the beautiful Hyatt Chesapeake Resort for the 44th Annual Bench Bar Conference. As always, the seminars and speakers promise to be of the highest caliber, as Bench Bar Conference Committee members continue their commitment to excellence in programming. The Bench Bar Conference is one of the premier events sponsored by the Bar Association. It is a time to learn from colleagues, judges, and other experts; to network with other members of the legal community; and to have some fun and get to know your opponents, your colleagues and the members of our Bench in a collegial format. The Conference promises to be an event to remember again in 2016. BENCH BAR CONFERENCE COMMITTEE Colleen M. Neary, Esq., Chairman Patrick T. Daley, Esq. Gerald C. Montella, Esq. Robert M. Firkser, Esq. Kathleen A. O’Connor, Esq. Ryan Grace, Esq. Lyn B. Schoenfeld, Esq. William G. Halligan, Esq. J. Michael Sheridan, Esq. Craig B. Huffman, Esq. Aimee M. Taylor, Esq. Joseph P. Lesniak, Esq. Mary V.Z. Wachterhauser, Esq. Eugene J. Malady, Esq. Michael F. Wenke, Esq. Richard A. Mitchell, Esq. Ex Officio: Kristen M. Rushing, Esq. Judicial Representatives: Hon. Frank T. Hazel, Hon. George A. Pagano, Hon. Barry C. Dozor William L. Baldwin, Esq., Executive Director The Bench Bar Conference is a joint effort of the Court of Common Pleas, Delaware County; The Honorable Chad F. Kenney, President Judge; and the Delaware County Bar Association, Kristen M. Rushing, Esq., President.

14 | Summer 2015


www.DelcoBar.org

FEATURE

DELAWARE COUNTY HOSTS COMMONWEALTH COURT

O

n May 7 and 8, 2015, the Commonwealth Court, one of two appellate courts in Pennsylvania, made an historic visit to Delaware County. This Court is responsible for appeals related to matters involving state and local governments and regulatory agencies. It also has original jurisdiction in cases filed for or against the Commonwealth of Pennsylvania. The Court generally sits in Harrisburg, Philadelphia or Pittsburgh, but it will occasionally hear arguments in other venues, such as during its recent visit to Delaware County. The Judges of the Commonwealth Court began their visit on Thursday afternoon by hosting a CLE seminar at the Bar Building. Judge Robert “Robin” Simpson led a distinguished panel which presented a program entitled “Practical Perspectives on the Right-to-Know Law.” Over 110 members of the Bar Association attended this seminar, which was followed by a reception to allow local attorneys to meet the Commonwealth Court Judges. On Friday morning, the Young Lawyers’ Section hosted a breakfast to welcome the Court to Media and to provide another forum at which local lawyers could meet and interact

with the Commonwealth Court Judges. The highlight of the visit began on Friday at 9:00 a.m. in the Diggins Memorial Courtroom at the Delaware County Courthouse. President Judge Chad F. Kenney and the Board of Judges personally welcomed the members of Commonwealth Court (including the Honorable Dan Pelligrini, the Honorable Bonnie Brigance Leadbetter, the Honorable Renee Cohn Jubelirer, the Honorable Robert Simpson, the Honorable Mary Hannah Leavitt, the Honorable P. Kevin Brobson, the Honorable Anne E. Covey, the Honorable James Gardner Colins and the Honorable Rochelle S. Friedman) in a special ceremony held in front of a packed courtroom. Following the welcoming ceremony, Commonwealth Court President Judge Dan Pellegrini, Judge P. Kevin Brobson and Judge Anne E. Covey went into special session and heard oral argument in a number of cases. The Board of Judges and the Delaware County Bar Association were honored to be able to host the Commonwealth Court. The Bar Association offers special thanks to the Delaware County Bar Foundation, which provided funding to underwrite the costs of the Commonwealth Court visit.

Customers Bank Community Support Program A relationship that benefits all of us. As a vital member of our community, we want to support your favorite charity. Through our Customers Bank Community Support Program we can partner with you to make that a reality. For 2015, the eligibility parameters include the following: • Eligible accounts are business checking (including escrow accounts) and consumer checking accounts earning interest rates of 15 basis points or lower. • Donations are based on average annual balances kept during the calendar year. • The donation amount is calculated at 25 basis points based on the average annual calendar year balance in qualifying accounts. • Yearly donation checks will not be earned or disbursed for amounts less than $100. For more information, contact: Lawrence Snow, Senior Vice President, Deposit Services Group Head – Pennsylvania and New Jersey Email: LSnow@customersbank.com. Phone: 484-334-4293.

• You may donate to more than one organization with the minimum donation of $1,000.

Thank you for helping to generate much needed funds for worthy programs in our communities.

Management reserves the right to change the program at any time.

customersbank.com Summer 2015

| 15


www.DelcoBar.org

FEATURE

THE “INN” CROWD

Pictured left to right: Hon. Frank T. Hazel; Mary Burr; Hon. Charles B. Burr II; daughter, Julia Gannucci; and Theresa Flanagan Murtagh, Esq., Past President, Guy G. deFuria Inn of Court.

16 | Summer 2015

Honorable Charles B. Burr, II received the Guy G. deFuria Inn of Court Award for achievement and commitment to the legal profession.

The Guy G. deFuria Chapter of the American Inns of Court is a section of the Delaware County Bar Association that was chartered in 1990 to organize and promote collegiality and excellence in the practice of law. To celebrate the career of Guy G. deFuria, a former Delaware County District Attorney and a lawyer whose career highlights included appointment as senior trial counsel for the U.S. Senate Select Committee to oversee the censure hearings of Senator Joseph McCarthy (R., Wis.), an award was established in his name in 1991. “I am deeply honored by this recognition from my fellow trial lawyers and judges,” said Judge Burr. “To be associated with such a notable leader in our profession as Guy G. de Furia is certainly one of the highlights of my legal career. I was lucky enough to have benefited from wonderful mentors over the course of my career as a trial lawyer and as a judge. The fact that I am being recognized for giving back to the profession and aiding fellow attorneys in their career development is the highest honor one can receive.” The American Inns of Court is an international legal organization whose mission is to foster excellence in professionalism, ethics, civility, legal skills and trial advocacy. The name comes from England for persons of distinction who were referred to as “Inn” for their nobility and standing in the community. The Guy de Furia Inn of Court Award is part of the larger The American Inns of Court Circuit Professionalism Awards which are awarded each year to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the legal profession and the rule of law.


www.DelcoBar.org

FEATURE

REAL ESTATE PRACTICES COMMITTEE

2015 SEMINARS

The Real Estate Practices Committee will be conducting breakfast seminars in 2015 at the Delaware County Bar Association building located at 335 West Front Street, Media, PA 19063. The following topics and speakers will be presented: 1. April 24, 2015 (Friday) – Seminar (1 CLE Substantive) – “Unrecorded Mortgage Assignments – The MERS Mess!” – Speaker: Charles W. Proctor III, Esquire. 2. May 22, 2015 (Friday) – Seminar (1 CLE Substantive) – “A Primer on the Different Types of Construction Contracts” – Speaker: Mary Jo Gilsdorf, Esquire. 3. June 26, 2015 (Friday) – Seminar (1 CLE Substantive) – “Strategies for Setting Aside Tax Sales” – Speaker: Stephen M. Hladik, Esquire. 4. July 31, 2015 (Friday) – Seminar (2 CLE Substantive) – “Residential Settlements and the New Rules beginning August 1, 2015 – Merger of RESPA and TILA under Federal Consumer Financial Protection Bureau” – Speakers: Brett M. Woodburn, Esquire (PBI Speaker) and Anne L. Anastasi, Title Officer with Old Republic National Title Insurance Company (National Speaker). 5. August 28, 2015 (Friday) – Seminar (2 CLE Substantive) – “Litigating with Home Builders and Home Improvement Contractors” – Speakers: James S. Tupitza, Esquire, and Brian C. LeGrow, Esquire.

8. November 20, 2015 (Friday) – Seminar (1 CLE Substantive) – “Annual Survey of Real Estate Law” – Speaker: Louis M. Kodumal, Esquire. 9. December 18, 2015 (Friday) – Seminar (1 CLE Substantive) – “Annual Survey of Land Use and Zoning Law” – Speaker: Vincent B. Mancini, Esquire. A $14.00 charge will be assessed for breakfast at the Delaware County Bar Association building. This will be catered by Mrs. Marty’s Deli and will be served between 8:15 am and 8:45 am. Seminars will commence promptly at 9:00 a.m. A $14.00 charge will be assessed for all persons attending the breakfast seminars whether or not breakfast is ordered and whether or not CLE credits are requested. Delco Bar Members will be charged $30.00 for the initial CLE credit and $25.00 for each additional credit, if any. Non-members will be charged $35.00 for the first CLE credit and $30.00 for each additional credit, if any. All fees may be paid at the door. You must contact Vincent B. Mancini, Esquire, Chairman, at (610) 566-8064 or email his legal assistant, Debbie, at dscally@vmancinilaw.com to establish an accurate count for breakfast and seminar seating. VINCENT B. MANCINI, ESQUIRE Chairman

6. September 25, 2015 (Friday) – Seminar (2 Ethics Credits) – “Ethically Addressing Conflicts of Interest in Real Estate Matters” – Speakers: Gregory G. Gosfield, Esquire, Shelly A. Solomon, Esquire, Kerry Slade, Esquire, and Sarah J. Tomlinson, Esquire. 7. October 30, 2015 (Friday) – Seminar (1 CLE Substantive) – “Collecting Homeowners Associations and Condominiums Association Assessments and Other Hot Issues” – Speaker: Steven L. Sugarman, Esquire. Summer 2015

| 17


www.DelcoBar.org

HELPING TO TURN LIVES AROUND . . . By Honorable Joseph P. Cronin, Jr.

The Delaware County Veterans’ Court began in January 2013 with the publication of the Delaware County Veterans’ Treatment Court Policies and Procedures. Eligible candidates were enrolled soon thereafter. The Veterans’ Court Staff strives to identify individuals as candidates for Veterans’ Court as early as possible when the individual has entered the criminal justice system. Once a criminal defendant is identified as a candidate for enrollment in the Delaware County Veterans’ Court Treatment Program, he or she is vetted by Assistant District Attorney Mary Mann and the supervision staff, Jeff Roney and Candace DevlinDubois, to ensure their eligibility. Often the defendant’s attorney will initiate the process by suggesting to Ms. Mann that his/her client is an appropriate candidate for admission to the program. The same vetting process is employed. Criteria that are examined in the vetting process are the nature of the crime; the defendant’s prior criminal history; the nature of the problems that landed him or her in the criminal justice system, if those records are available for review (these factors may include PTSD, substance abuse, or psychological disorders); the defendant’s prior experience in diversion programs; his or her history of participation in other treatment programs; and the defendant’s eligibility for Veterans’ Benefits. If accepted for enrollment, the defendant and his or her attorney appear before Senior Judge Coll or Senior Judge Cronin, and the defendant tenders a plea of guilty to a charge that will permit an intermediate punishment sentence of at least 18 months. The defendant also signs an agreement to enter into and participate in the Delaware County Veterans’ Treatment Court Program. The Judge imposing the sentence will mandate additional sentencing provisions including compliance with the rules of treatment and the rules of

18 | Summer 2015

supervision and the successful completion of the Veterans’ Court Treatment Program. Some defendants have been enrolled in the program as a result of a disposition at a Gagnon II hearing. The agreement for participation in Veterans’ Court is a written agreement that is reviewed and explained to the defendant by his or her attorney. The defendant then enters the program which is a cooperative endeavor between the Delaware County Office of Adult Parole and Probation which provides ongoing supervision and the Veterans’ Administration which, in most cases, provides treatment. The facilities from which the clients receive treatment include Crozer Recovery Center, the Coatesville Veterans’ Affairs Medical Center and the Addiction Recovery Unit of the Philadelphia Veterans’ Affairs Center. The Veterans’ Court Staff consists of two Senior Judges; Assistant District Attorney Mary Mann; Assistant Public Defenders Harris Resnik, Robert Lodge, and Ken West; Program Coordinator, Jeff Roney; Staff Probation Officer Candace Devlin-Dubois; Lily Thomas, who has replaced Diane Zinni as the Veterans’ Justice Outreach Specialist, who acts as the liaison between the Delaware County Veterans’ Treatment Court and the Veterans’ Administration; Deb Karner, a therapist with the Crozer Recovery Center; and Mentors Frank Carey, Ken Delmar and John Morretti. The program includes three phases, and the defendant must successfully complete all three phases to be eligible for graduation. At times, a participant has progressed but not as quickly as was hoped. In those situations, if the Staff decides that the defendant remains a candidate for the successful completion of the program and if the defendant also agrees, a violation hearing is scheduled before one of the Senior Judges and the sentence is re-structured to allow the defendant the additional time for him or her to successfully complete the program.


FEATURE

At present, there are approximately 25 active participating defendants in the Delaware County Veterans’ Treatment Court Program spanning all branches of the service and all age groups. Participating defendants include veterans from the Middle East and Afghanistan. There have been seven individuals who have successfully completed the program and have been recognized in graduation proceedings that were conducted at the Delaware County Court House. The next graduation ceremony will be held in June, 2015. The program, like any, has experienced some setbacks when a few of the participating defendants failed to rise to the challenge or, were terminated from the program and were resentenced for their violation of the sentencing order imposed by the Judge. These setbacks, however, have not diminished the fervor of the Delaware County Veterans’ Treatment Court Staff to provide assistance in the form of treatment and supervision so that our veterans can put their lives back in order after their great sacrifice for our country.

www.DelcoBar.org

Family FAMILY LAW• Divorce

• International Matt • Divorce • Support • Custody • International•Matters Alimony/APL • Grandparent/3rd pty. Custody • Parent Alienation • Support • Child Abductions • Equitable Distribution • Children & Youth • Alimony/APL • Relocation 341 W. State Stre • Parent Alienation 341 W. State St., Media, PA Lamonacalaw.com • Protection from Abuse 610-892-3877 • Child Abductions Greg@Lamonacalaw.com • Prenuptial Agreements Delaware, Chester, Lamonacalaw.com • Children & Youth counties, and beyon • Hague Convention Matters

Serving Delaware, Chester, Montgomery, Philadelphia, Author of “The Bruta Lancaster, Berks Counties and Beyond.

Author of “The Brutally Honest Life Management Guide” (available on Journal” and the “Brutally Honest Pennsylvania Divorce and Custody Survival Guide”

“Brutally Honest P

Available on our website as a FREE downloadable E-Book!

Summer 2015

| 19


www.DelcoBar.org

LOYAL TO FAMILY, COMMUNITY AND TO THE LAW, THE HONORABLE ROBERT C. WRIGHT

MEMORIAL RESOLUTION

Honorable Robert C. Wright

T

o follow in the revered footsteps of his father, Robert A. Wright, Bob Wright, Jr. had a difficult road to travel. Travel he did, indeed. His life, personally and professionally, was a positive copy of that of his father: calm, serene, caring, honest and imbued with a sense of service to his community. The Honorable Robert C. Wright passed from his all too short earthly life when he died on Saturday, February 22, 2014 at the age of 69. Judge Wright battled Lyme disease and complications from amyotrophic lateral sclerosis for a long period of time, seemingly never losing his passion for life and his positive attitude. His loving wife, Florence, and a 24/7 nursing staff made Bob comfortable and they were rewarded by his smile and loving personality. Judge Wright, Jr., as he was unofficially known, was born and raised in Chester and was a 1962 graduate of Chester High School. He went on to college at George Washington University

20 | Summer 2015

in Washington, D.C., and then attended Villanova Law School, receiving his J.D. Degree in 1969. Wanting to season himself within his community, he taught social studies at Franklin Elementary School in Chester for a short while. Bob met his loving wife, Florence, when she was only 17. They dated for five years. He captured her heart, which was the best thing that ever happened to him. Their family welcomed both a daughter, Josie Walters, and a son, Robert, Jr., and three grandchildren. They were married for 42 years before his passing. She provided him with loving support individually, in his profession and his service to the community, and a closeness during his long illness that rivals any caretaker anywhere. She was truly his guardian angel. During his law career, in Chester, he represented many individuals with a variety of issues. His foremost and main concern was to assist his clients in their hour of need. The money would, hopefully, follow. His law career lasted until 1981. When he decided that he could be a more positive influence for more individuals by running as a state representative for the 159th district, which included the City of Chester, the boroughs of Eddystone, Trainer and Upland and parts of both Chester Township and Ridley Township, he served in the Pennsylvania House of Representatives from 1981 until 1992 (six terms), while continuing to practice law. During his time in the state legislature, Representative Wright was a left leaning Republican. He was pro choice, supported civil rights and affirmative action and was the only Republican member of the Pennsylvania Legislative Black Caucus. The Reverend Rocky Brown, a political leader in Chester, and a close friend of Representative Wright, called Bob a hard working politician and a trailblazer for African Americans. He was described as a down-to-earth guy, ambitious, and with an overwhelming desire to serve his community. Of note was the fact that Bob Wright would


FEATURE

always drive home from Harrisburg at the end of the legislative day to see constituents and to be with his family. It was then time for another change in his professional life. He was tapped by the Republican Party of Delaware County to run for a seat on the Delaware County Common Pleas Court, where his father had dispensed justice for a number of years. His father was the first African American to serve as a judge on our court, a fact Judge Robert A. Wright never mentioned, nor from which he took any advantage. Bob won his race, and he and his dad became the first father and son team to sit on the Delaware County bench. They were both humble servants of the court. After swearing him in, his father, choking back emotions and tears, thanked all those people who helped his son get on the ballot and get elected. The W-R-I-G-H-T tradition of thanking others for their blessings continued. Judge Wright, Junior, served on the court for eighteen years in the family and criminal courts. He was forced by his illness to step down from the bench in 2008, officially resigning on January 4, 2009. Loyalty is an oft-used word, and its appellation is herein used with one hundred percent applicability. He was loyal to his family, to his community and to the law. He was protective of the City of Chester and a proud Chesterite, as was his father. We pass through this life on earth all too briefly, and most of us make the most of that time. Robert C. Wright made not only the most of his time, but more as he served his community as an individual, as a lawyer, as a political representative and, finally, as a judge. Let us all be reminded to follow Bob as an example of how to conduct ourselves in life. We are sure that God is thankful that he called Bob home to receive his counsel and his wisdom. Respectfully Submitted,

www.DelcoBar.org

You take care of your clients, but who takes care of you? We are committed to making your banking easier. • On-site account opening • Remote deposit and mobile deposit • Commercial loans and lines of credit

Hon. Frank T. Hazel, Co-Chairman Richard A. Mitchell, Esquire, Co-Chairman Florence F. Wright, Honorary Chair Honorable Chad F. Kenney Eugene Bonner, Esquire Colleen M. Neary, Esquire Eugene J. Malady, Esquire

• Access to real people—even during evenings and weekends.

CONTACT

Joe Fairchild Commercial Lender

jfairchild@conestogabank.com Office 215-979-7957 Member FDIC

Summer 2015

| 21


www.DelcoBar.org

FEATURE

THE DELAWARE COUNTY BAR ASSOCIATION EDUCATING THE PUBLIC! May, 2015. The District Judge Committee offered a free public seminar entitled “So I Got My District Court Judgment . . . Now What?”

Featured speakers included: Christopher Mattox, Esq., MDJ, Upper Darby; Sonny Strohl, MDJ, Middletown; Daniel A. DeLiberty, Esq., Donald J. Weiss, Esq. Moderator: Deborah A. Krull, Esq., MDJ, Media. When plaintiffs represent themselves in Magisterial District Court (also known as “Small Claims Court”), they are often confused about what happens when they win their case and get a judgment. Contrary to popular belief, the defendant is not required to pay the judgment on the spot. Attendees learned what a plaintiff needs to do to collect on his/her judgment; when the judgment becomes collectible; what happens if the defendant appeals the judgment to the Court of Common Pleas; how a plaintiff proceeds with execution; and, what legal restrictions are on creditors attempting to correct their bills. The seminar format included an opportunity for questions in addition to the presentation.

June, 2015. Members of the community were invited to attend a free seminar on Bankruptcy and Debt sponsored by the Pro Bono Committee of the Delaware County Bar Association. The seminar, entitled “Are You Burdened with Debt?” targeted individuals who are burdened with all kinds of debt, including credit cards, mortgages, and utility bills.

A distinguished panel of speakers included: Carolyn Johnson, Esq., Staff Attorney at Legal Services of Southeastern Pennsylvania; Scott Waterman, Esq.; Aunnalea Grove, Community Outreach Manager, CLARIFY, the debt counseling service; and Magisterial District Judge Deborah Krull, Esq. Hon. Stephanie H. Klein (Ret.) served as Moderator. A number of issues were addressed including: Effective management of credit card debt; what to do about utility bills; what happens if you are sued in district court; what options are available if you are behind in mortgage payments; what are the different kinds of bankruptcy and under what circumstances you would file for bankruptcy. Informative seminars held to educate members of the public have been very well received. Please follow the Delaware County Bar Association’s website www.delcobar. org for future seminars that may be of value and interest, all free of charge!

22 | Summer 2015


FEATURE

www.DelcoBar.org

2015 Edition, Delaware County Elder Law Handbook & Resource Guide is Available!

W

By Cynthia A. McNicholas, Esquire

e are pleased to announce that the 2015 Edition of the Delaware County Elder Law Handbook and Resource Guide has been published. The Elder Law Committee of the Delaware County Bar Association works in conjunction with COSA and others to produce an updated Handbook every two to three years. Substantive articles were written and revised by several knowledgeable members of the Delaware County Bar Association, members of the Bench, the District Attorney and staff, and others, representing many hours of unpaid labor, and overall editing duties were shared by Harris J. Resnick, Esquire, and Cynthia A. McNicholas, with able assistance from Dana Breslin, Linda Anderson, Josh Wilkins and Mary Kennedy. We are very appreciative to the following donors: Delaware County Office of Services for the Aging (COSA), George B. Lindsay Foundation, E. Wallace Chadwick Memorial Fund, Delaware County Bar Foundation by a grant from the Eleanor J. Roth Charitable Trust (William Pietrangelo, Esquire, Trustee),

and Jennifer Holsten Maddaloni, Esquire, Delaware County Register of Wills and Clerk of Orphans’ Court. Sincere thanks are also due to Bill Baldwin, Executive Director of the Delaware County Bar Association, for his friendship and constant support. Bill’s efforts were key to the securing of much-needed charitable donations toward printing costs. Becky Michael of Blackhorse Graphics performed graphics services, and printing was done by Roy Bell of Griffiths Printing. Betty Ann Flynn took the impressive photograph of our Court House that graces the cover of this Edition. Copies of the Handbook are available at the Bar Association and from most members of the Elder Law and Orphans’ Court Committees. The content is also posted on the Bar Association’s and COSA’s websites: www.delcobar.org and www.delcosa.org. We hope that you will utilize the Handbook as a quick reference for Elder Law topics, and provide copies to your clients.

Summer 2015

| 23


FEATURE

www.DelcoBar.org

“We’re the Gatekeepers” By Barbara Overholser, Communications Manager Legal Aid of Southeastern Pennsylvania (LASP)

T

he stakes can be very high in a civil case. Every day, people lose their housing, custody of their children, or access to potentially life-saving benefit programs such as Medical Assistance. In spite of the impact, there is no right to an attorney in civil proceedings. Low income people who cannot afford an attorney come to court alone. For those who are unfamiliar with the court system, and who face a vital issue such as losing a child or a home, access to justice can seem despairingly unattainable. Without good legal advice, they are less likely to prevail, and may suffer significant, unnecessary harm. Programs like Legal Aid of Southeastern Pennsylvania (LASP) exist to meet the civil legal needs of those who could never afford a private attorney. LASP provides free, civil legal services to low income people, domestic abuse victims and low/moderate income older adults. For Delaware County residents, the first step to get help can be as simple as picking up the phone and calling LASP’s regional, toll-free Helpline. With 10% of the population of Delaware County living below the poverty line, the need for the free, high quality legal services that LASP offers is significant. The Helpline’s five paralegals and three attorneys field and manage 1,700 calls a month from people in Delaware, Bucks, Chester, and Montgomery counties who are seeking legal aid. Calls stream in Monday through Friday, 9 a.m. to 1 p.m., with a remarkable breadth of legal predicaments. Questions about accessing benefits, retaining housing, handling child custody problems and more are triaged by LASP’s paralegals who determine if the callers and the legal issues are eligible for LASP’s assistance. “We’re the gatekeepers,” says Nanci Hoover, who has been

24 | Summer 2015

the Supervising Attorney of the Helpline at LASP since 2001. The Helpline is the first point of contact for someone seeking LASP’s services in its four county service area. “Helpline paralegals are supervised by attorneys, and can provide legal advice, explain a law and its impact on a client or review a document,” says Hoover. “Depending on the caller’s problem, he/she may be able to get the services he/she needs right away, over the phone.” The Helpline refers cases needing extended legal representation to attorneys in LASP’s local offices. “You want to help people. It is beyond question that people without money are at a huge disadvantage in our legal system,” Ms. Hoover adds. But because LASP’s resources are limited, sometimes the nonprofit organization is unable to provide direct service. In these cases, LASP offers referrals to other organizations and agencies that may be able to provide help. Donations to LASP from generous area attorneys, foundations, and the Delaware County Bar Foundation help make services available to more county residents. A limited ability to speak English is not a barrier to LASP’s services. Two of LASP’s paralegals speak Spanish, and the Helpline uses the Language Line service to gain access to interpreters for 150 other languages. This is important as LASP serves diverse populations. Eleven percent of Delaware County’s population speak a language other than English. In fact, more than 30 different languages are spoken here including Spanish, Chinese, Italian, Vietnamese, French, Greek and Arabic. LASP also uses PA Relay Services, a free service that makes it possible for the deaf or hearing impaired to communicate with the Helpline. Eleonor Glasco is one of the two bilingual paralegals who


www.DelcoBar.org

work at the Helpline. With a bachelor’s degree in Paralegal Studies from Widener University, she began working at Legal Aid in 1973 helping clients navigate welfare, public housing and SSI hearings. In 2009 she moved to the LASP Helpline. “I love doing this work because I feel we are contributing to helping people who can’t help themselves — for whatever reason. It could be disability, it could be a financial situation, or it could be an older person who is being taken advantage of,” says Ms. Glasco. “I remember a gentleman who came to us because his public benefit had been cut,” says Ms. Glasco. “At that time he was getting $207 a month. They cut his benefit to $200, and he was so upset. We thought, ‘why is he so upset about $7?’ And he explained that the $7 to us didn’t seem like much, but to him it was his haircut, or his food for a day, or it was his essentials like toilet paper. So we represented him and won. “There have been a lot of stories in the 42 years I have worked here,” says Ms. Glasco, “but that one always stands out because of the $5.” The LASP Helpline narrows the justice gap for those who need it most but can afford it least. The toll-free Helpline number is 1-877-429-5994.

A LASP Case from Delaware County…. Ms. B is raising her young children in Yeadon, relying on her salary to make ends meet. When she lost her job, it was financially devastating. Worse, her former employer contested her Unemployment Compensation claim, and won. Without the income from her job, she quickly fell behind on her mortgage payment and feared that she would lose the home she had lived in for more than a decade. She filed an appeal and called LASP for help. The case was referred to a LASP attorney. He reviewed the facts and realized there was little evidence that she was fired for willful misconduct. He represented her at the tense, threehour hearing. The referee’s decision came only a few days later. He approved Ms. B for benefits. She was able to catch up on her mortgage payments and has income for other necessities. She can look for a new job, secure in the knowledge that her family is no longer facing the loss of their home.

Fine Antique Firearms & Rare Collectibles LLC

John B Henry is an established dealer of fine antique (pre 1898) firearms and rare collectibles that celebrate the history and artistry of exceptional discoveries from around the globe. We are actively seeking to purchase single pieces or entire estates for inclusion in our collection. We are interested in firearm collections of all kinds, with a focus on military and antique items. Our team of skilled experts is equipped to provide qualified evaluations, and we are happy to provide professional references upon request. Referrals are appreciated and valued. Please call on us for a further discussion of how we can work together successfully. Contact us at 610-566-5200 or contactus@johnbhenry.com John B Henry | P.O. Box 435 | Media, PA 19063

www.johnbhenry.com Summer 2015

| 25


www.DelcoBar.org

FEATURE

INSIDE/OUT ART IN MEDIA Grand Canyon of the Colorado River 1892 and 1908 By Thomas Moran American (born England), 1837 – 1926

“This painting is made for those who have never visited the Grand Canyon. As you get closer to the painting, you become completely immersed in the size and majesty of the canyon. You basically walk right into it. I love that feeling.”— Mark D. Mitchell, Associate Curator in

American Art and Manager of the Center for American Art

Grand Canyon of the Colorado River This monumental painting, in subject and size, was chosen to match the Courthouse’s importance. TAKING ART PUBLIC . . . Have you noticed anything

different as you stroll the streets of Media; perhaps an unexpected encounter with works dating from the 18th century through the first quarter of the 20th century? Maybe you have seen Mary Cassatt’s “Mother and Child” on Third Street by the Tot Lot? You cannot miss Thomas Moran’s “Grand Canyon on the Colorado River” which greets those as they enter the Delaware County Courthouse from the Front Street Entrance.

26 | Summer 2015

Both the Juan Gris “Man in a Cafe” on Olive Street and the Marc Chagall “Half Past Three” at Trader Joe’s suggest an appetite, possibly an inspiration for patrons of Dining Under the Stars each Wednesday in Media? Have you noticed Claude Monet’s “The Japanese Footbridge and the Water Lily Pond, Giverny” on State Street and Veterans Square? The official inauguration of the Inside/Out art collaboration in Media took place in mid–May. Media was chosen by the Philadelphia Art Museum as one of five locations to enjoy the installation of high quality replicas of pieces from the esteemed collection. The Media Business Authority (MBA), Media Arts Council (MAC) as well as property owners and the borough itself worked with the museum for the last several months to identify locations and acquire the necessary permission for installation. The Philadelphia Museum of Art program has been funded by the John S. and James L. Knight Foundation which supports transformational ideas that promote quality journalism, advance media innovation, engage communities and foster the arts. The foundation believes that the arts are a catalyst for public dialogue and that shared cultural experiences contribute to a sense of place and communal identity.

“Democracy thrives when people and communities are informed and engaged” Inside/Out paintings continue through the summer. For further information, go to www.mediaartscouncil.org


BLUE BELL, PA

THE FOUR COUNTY

PRESENTED AND SPONSORED JOINTLY BY THE WOMEN IN LAW DIVISIONS OF

THE BUCKS, CHESTER, DELAWARE COUNTY AND MONTGOMERY BAR ASSOCIATIONS

www.D

.org elcoBar

SUMMER BAR COUNTY

ASSOCIATI

2015

ON

z , Oye Is t Oyez r ou ! The CSession n i Now THE OFFICIA

L PUBLIC

ATION OF

ARE

THE DEL AW

E/OUT INSID MEDIA ART IN

TURNING THE PAGES TO YOUR SUCCESS For advertising information contact Karen Zach 484-924-9911 Karen@Hoffpubs.com

www.HoffPubs.com

Summer 2015

| 27


www.DelcoBar.org

FEATURE

What’s Trending This Summer SWEET TEA & GOLF... By Tracy E. Price, Editor

Orange Brown Sugar Sweet Tea... By Tracy E. Price, Editor Subtly fresh but not inappropriately so; sweet, but not over-the-top syrupy. It brings to mind sunshine and all good things. It holds no bitterness, has perfect strength and keeps its cool. You are going to love this! Ingredients • 8 regular-size tea bags • 8 cups water • 2 oranges – outer peel only • 1 orange to cut slices for garnishing • ½-1 cup light brown sugar • ice - crushed or cubed Instructions 1. Using a vegetable peeler, peel each orange in a continuous spiral (if possible). Be careful to peel the outer orange-colored peel only. 2. Pour water into a large saucepan and add the tea bags and orange peel. Cover and bring the water to a boil, then immediately take the pan off the heat. 3. Add brown sugar, stir and cover. Let the mixture steep (or rest) for 15-30 minutes. 4. Remove the tea bags and orange peel. Let the tea cool to room temperature. 5. To serve, place ½ orange slice in the bottom of each glass, then muddle the orange slice with the handle of a wooden spoon enough to release its juice and oil. 6. Add ice then pour the orange-infused tea into the glasses. 7. Garnish with orange slices and mint, if desired.

28 | Summer 2015

The name “Arnold Palmer” has legendary roots as an original beverage combination of iced tea and lemonade, widely known for its refreshing taste and ability to revive the senses after a great round of golf. Arnold Palmer, a retired American professional golfer, is generally regarded as one of the greatest players in men’s professional golf history. Arnold Palmer’s exploits on the golf course and his humanitarian efforts off the course have made him golf’s #1 ambassador. The name “William G. Halligan, Esquire” also has legendary roots, not so much in a beverage combination; but like sweet tea, he possesses the ability to revive the senses. He is an avid golfer and chairman of the Bench Bar Conference Golf Tournament, now named in his honor. Off of the greens, Bill fosters camaraderie, good will, volunteerism, team play, selflessness, enthusiasm and sportsmanship in the legal field. May thy ball lie in green pastures... and not in still waters. William G. Halligan Golf Tournament Results June 4, 2015 Omni Bedford Springs First Place – 68 Alan Borowsky; Matt Ryan; Troy Gilchrist; Jeff Gilchrist Second Place – 70 Joe Chupein; Ed Lawler; Jim Byrne; Chad McGroaty Third Place – 71 Bill Galinas; Roy DeCaro; Bob Kelly; Steve Koense Skill Contests Closest to the Pin # 2: Closest to the Pin #10: Closest to the Pin #14: Closest to the Pin #17: Longest Drive 1st Place – Alan Borowsky 2nd Place – John Brown

Joe Chupein Steve Koense Rob Speare Chris Maddox


www.DelcoBar.org

HOW SWEET IT IS... IN THE HALL OF FAME! By Colleen M. Neary, Esquire Chairman, Bench Bar Conference Committee William G. Halligan, Esquire, was named recipient of the Frank T. Hazel Hall of Fame Award at the Annual Bench Bar Conference, June, 2015, at the Omni Bedford Springs. The Award is presented annually to a member of the Delaware County Bar Association who fosters camaraderie, good will, volunteerism, team play, selflessness, enthusiasm and sportsmanship in the legal field and who most closely exemplifies the Honorable Frank T. Hazel, a great friend and tireless supporter of the Bar Association. The recipient should reflect these qualities as well as Judge Hazel’s respect for the law and his unbridled caring for his colleagues and friends. The recipient should reflect a career of service to the legal profession in general and to the Bar Association in particular. This is an award that recognizes the truly great members of our Bar Association who have shown, for an extended period of time, the characteristics that we have come to know and love with regards to Judge Hazel. Mr. Halligan exemplifies those characteristics of the Judge Hazel Hall of Fame Award. He has been a member of our Bar Association for over 40 years. His service to the legal community and the Delaware County Court of Common Pleas is unique. He is the only practitioner in Southeastern Pennsylvania that has served as counsel for the Orphans’ Court for 4 decades. During that time he has loyally and ably served 8 different President Judges, beginning with the

Honorable Francis Catania in 1973 and continuing through the present time under President Judge Chad Kenney. He served as the 59th President of our Bar Association. During his tenure, his commitment to both the Bench and the Members of our Association caused him to create the Bench Bar Relations Committee which addressed problems that might arise between members of the Association and the Bench. After his year as President, he served as Chair of this committee for a number of years. He has stated that being a lawyer is more than a profession, it is a way of life. How true when one considers the fact that he has served as counsel to the Orphans’ Court for over 40 years - and eight President Judges: Catania, Toal, Sereni, Battle, Clouse, Zetusky, Cronin and Kenney. To appreciate his dedication to the legal profession and to others, one has only to review the many previous awards he has received: Lawyer’s Club Man of the Year, 1991; E. Wallace Chadwick Award, 1992; Villanova University School of Law Special Recognition Award, 2003; Honorable Paul R. Sand Award, 2004; Elizabeth C. Price Award, 2006; “Top Lawyer” Mainline Magazine Award, 2011. Our honoree has been one of the most steadfast supporters of this Association, often quietly working without seeking fanfare or attention for his actions. His service is nearly unparalleled in terms of longevity and loyalty to the Association.

Congratulations to William G. Halligan 2015 Recipient of the Frank T. Hazel Hall of Fame Award

Summer 2015

| 29


FEATURE

www.DelcoBar.org

KUDOs & ACCOLADES!

DCBA 43rd ANNUAL BENCH BAR CONFERENCE JUNE, 2015 at THE OMNI BEDFORD SPRINGS “Each year, the Bench Bar Conference is an event that is greater than the sum of its parts. I am proud to be a member of such a great association!” Hon. George Pagano “Thank you all for an amazing conference this year! Everyone put so much time and effort into making this year a success. I heard all positive feedback on the seminars, the resort and the conference in general.” Kristen M. Rushing, Esq., President, DCBA “The seminars were all top notch and that really sets the tone for how people feel about the event. We can have the greatest venue in the world, but if the CLEs aren’t worth the price of admission, then it’s not worth going.” Colleen M. Neary, Esq., Chairman, Bench Bar Conference Committee

Kudos to the Bench Bar Conference Programming Sub Committee under the leadership of Robert M. Firkser, Esq., for planning these great CLE Seminars . . . Please take a bow! Anatomy of a Will Contest Custody Relocation – Looking Back and Looking Forward Delaware County Child Advocacy Center: A New Approach to Child Sexual Abuse Legal Jeopardy Malpractice Avoidance Million Dollar Drafting Mistakes State of the Bench & Bar and History of the Bar Tender Years Hearsay Doctrine The (sometimes more than) $100,000.00 Question: Is it Income Available for Support? A Practical Look at Complex Support Matters The Key to Professional Felicity The Whiskey Rebellion – Taxation Issues in Early America Undercover in the Mafia Video CLE – Helping those who cannot help themselves – Guardian Ad Litem Video CLE – Let’s Agree to Agree – Mediation in Civil Litigation When the PFA and Criminal Cases Collide YLS Case Law Updates on Automobile Law, Orphans’ Court Law, and Land Use Law YLS Case Law Updates on Family Law, Special Education Law, and Criminal Law

“It really was a great conference! On behalf of all YLS members in attendance, thank you to everyone who worked so hard to put it together! Especially with the keynote speaker, amazing choice! Bench Bar seems to get better and better every year, so thanks again everyone. I always brag to friends and family that Delco’s legal community has the very best summer kickoff event.” Ryan Grace, Esq., President, YLS

Thank you for making history!

The Delaware County Bar Association 43rd Annual Bench Bar Conference May we never lose the perspective of the rich history and tradition of this Conference.

30 | Summer 2015


FEATURE

www.DelcoBar.org

Delaware County Bar Association

Ireland Adventure October 7-11, 2015

J

Open to DCBA Members and Their Families

oin your DCBA colleagues for an adventure in Ireland! From October 7th-11th, the Bar Association is sponsoring this trip, which will include a CLE program as part of the itinerary. We will depart from either Philadelphia or Newark Liberty Airport on Wednesday, October 7th, and arrive in Dublin the next morning. From Dublin, we will travel by motor coach through the beautiful Irish countryside to Western Ireland. We will stay for 2 nights in Sligo, at the Glasshouse Hotel. That evening, the Sligo Solicitor’s Bar Association will be hosting a reception for us. On Friday, we will have the opportunity to visit the County Courthouse, observe court proceedings, and meet with the circuit court judge. That afternoon, there will be free time to golf, shop, or enjoy the scenic Irish countryside with a trip to Donegal or other surrounding areas. On Saturday, we will travel by motor coach to Dublin, where you will have the afternoon and evening to explore the many

attractions which the city has to offer. Sunday morning, we will depart Dublin for the U.S. The cost of the trip includes airfare, hotel accommodations, motor coach transportation, a cocktail reception, and one dinner. The price will depend on the airport from which we depart. From Philadelphia, the total approximate cost would be $2,000.00 per person. From Newark Liberty Airport, the total approximate cost would be $1,800.00 per person (which also includes bus transportation to and from Newark). The point of departure will be determined based on responses we receive. If you are interested in joining us for this amazing trip, please contact William Baldwin, Executive Director, DCBA at (610) 566-1246 or email bill@delcobar.com for more details about the itinerary and the pricing.

“Hurt at Work? I’ll fight for you!” The Law Offices of

Geoffrey Hillsberg W O R K E R S ’ CO M P E N S AT I O N L AW Y E R

• How long do my benefits last? • Do I have to be treated by the “company doctor”? • What do I do if my check is late? • Do I have to accept a light duty job? • What is an I.M.E.?

• Can I be fired? • Can my health insurance be cancelled? • What doctor can I see? • Should I settle? • What is my case worth?

Get the Answers You Need

Call 610.566.0600 for a FREE Consultation No Recovery No Fee

Home/Hospital Visits Available • Easy Access to Public Transportation All Calls Returned Promptly 115-117 West State Street, Suite 400, Media, PA 19063

www.HillsbergLaw.com Summer 2015

| 31


WE GO ABOVE & BEYOND Many law firms operate with a high risk. At Lawyer Cover, we go above and beyond to assess and identify exposures, address them head on, and provide customized liability coverage.

"Kevin McKernan went above and beyond to negotiate and secure coverage for our practice" -A Washington, D.C. crisis management law firm

"Lawyer Cover was able to provide our firm a broader policy coverage at a competitive rate. Kevin was attentive and timely. Our firm could not be happier to place our coverage through Lawyer Cover"

OVER TWENTY “A” RATED NATIONAL CARRIERS

-Jeffrey L. Ingram, Esq. Galese & Ingram, P.C.

CALL TODAY

POLICIES CUSTOMIZED TO YOUR FIRM'S NEEDS

Kevin McKernan 800-945-1810 kpmckernan@lawyercover.com www.lawyercover.com

RISK ANALYSIS & MANAGEMENT

PROFESSIONAL LIABILITY INSURANCE SPECIFICALLY DESIGNED FOR LAWYERS •Choice of Counsel •Consent to Settle •Acts of Errors & Omissions •Personal Injury •Punitive Damages Where Insurable •Pro Bono Work •Fiduciary Liability •Identity Protection •Defense Costs Outside of the Limit Available •Free Retirement ERP* *When insured by Lawyer Cover for 3 consecutive years

Delco re:View Summer 2015  
Delco re:View Summer 2015  

Delco re:View is the official publication of the Delaware County Bar Association. For membership, visit www.DelcoBar.org. Chester County Med...