THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION
The Stars&Stripes Issue IN THIS ISSUE: “I Used Everything You Gave Me” New, True, Blue . . . The 44th Annual Bench Bar Conference Show Your Stripes . . . A Benefit for Our Heroes!
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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
Delaware County Bar Association 2016 Officers
PRESIDENT Scott C. Gottel, Esquire VICE PRESIDENT Vincent B. Mancini, Esquire
PRESIDENT ELECT Robert R. DeLong, Jr., Esquire TREASURER Craig B. Huffman, Esquire RECORDING SECRETARY Robert F. Kelly, Jr., Esquire
“I USED EVERYTHING YOU GAVE ME - THANK YOU LORD.”
CORRESPONDING SECRETARY Karen E. Friel, Esquire 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 William L. Baldwin, Esquire Executive Director Tracy Price Director of Marketing and Editor 610-566-6627, x 225 Tracy@delcobar.com Delaware County Bar Association 335 West Front Street, Media, PA 19063-2340 PO Box 466 P (610) 566-6627 • F (610) 566-7952 www.DelcoBar.org The opinions expressed in this material are for general information only and are not intended to provide specific legal or other advice or recommendations for any individuals. The placement of paid advertising does not imply endorsement by the Delaware County Bar Association. All rights reserved. No portion of this publication may be reproduced electronically or in print without the express written permission of the publisher or editor.
P U B L I S H E D
Alexander “Lex” A. DiSanti, Esquire 1934 – 2016
For advertising information contact Tracy Hoffmann at firstname.lastname@example.org
NEW, TRUE, BLUE 44th Annual Bench Bar Conference Annapolis, Maryland
24 Ladies, Are We Retirement Ready?
For the Love of Our Country...
25 A Lawsuit is Not Always the Answer
Judges Cocktail Party 2016
May Flights of Angels See Thee to Thy Rest
26 April Showers Bring May Flowers... A Blooming Close to the Compliance Period!
Law Day 2016... Our Stars
28 “What Our Readers Are Saying”
12 “Show Your Stripes & Run for the House in 2016”
29 No Singing Allowed
13 Presidential Campaign Lore in Delaware County
31 Meet the Bench Bar Conference Sponsors
16 Nancy C. DeMis, Esquire, Honored with deFuria Award
33 Aloha & Mahalo, AJ Tinari & The Garnet Valley Marching Band
17 Dedicate Yourself... Standing In The Hall Of Fame 18 NEW, TRUE, BLUE... 44th Annual Bench Bar Conference, Annapolis, Maryland 21 Starting A Business While Receiving Unemployment Compensation Benefits: A Potential Hazard For Your Clients 22 LAND HO! A tale of a George, 4 a Purpose!
30 Wine & Dine... BIG BOLD Reds 32 50+ for the 60+
34 Show Your Stripes... A Benefit for Our Heroes! 36 America’s Favorite Pastime, Baseball . . . The History, Culture & Art of the Game 39 “Endeavour” 39 Media 2016 Events Calendar The History, Culture & Art of the Game
23 Real Estate Practices Committee 2016 Seminars COVER PHOTO BY THE HONORABLE BARRY C. BOZOR EDITORIAL SUBMISSIONS
Reading, PA | 610.685.0914 x201 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.
Scott C. Gottel, Esq., DCBA President, 2016
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ith summer in full swing, it is hard to believe that I am halfway through my year as President of the DCBA! As the old saying goes, “Time certainly flies when you’re having fun.” So far, this has been a very memorable year for the Association. Our members recently enjoyed the Bench Bar Conference in Annapolis, Maryland, experiencing the city’s historical sites and great shops and restaurants, while at the same time earning their annual Continuing Legal Education credits. Our Affinity Program has continued to expand, and the Association currently has 25 affinity partners which offer special programs and discounts available only to members of the DCBA. In May, we celebrated Law Day with theme “Miranda: More Than Words” with special ceremonies at the Delaware County and Old Chester Courthouses. As part of the Law Day program, the Young Lawyers Section presented the Liberty Bell Award to Karen Newell, a thirty-year employee of the DCBA. Additional special recognitions included the Themis Award, which was given to Ed Buffman, Chairman Emeritus, Pennsylvania Veterans Museum, for his service to our Country serving in the Navy during World War II. The Elizabeth C. Price Award was presented to Bill Baldwin, the Association’s Executive Director, for his dedication, integrity and loyalty to the Bar Association! Congratulations to all these well-deserved winners. The Association continues to work to assist members of the community to find attorneys through our Lawyer Referral Program. More importantly, the Delaware County Board of Judges has recently adopted a Rule that permits pro bono attorneys to complete limited entries of appearance in certain family law cases. Our hope is that the implementation of this new Rule will encourage attorneys to volunteer their time to participate in the Pro Bono Program and will increase the opportunity for indigent residents of Delaware County to obtain legal representation for the entirety of a case. For more information about volunteering to serve in the Pro Bono Program, please contact Jackie Csop, DCBA Pro Bono Coordinator, at (610) 5666625, ext. 227. I am excited as the DCBA enters the third quarter of 2016, and I thank the members of the Association for their support. I hope that you all enjoy the remainder of the summer, and as the autumn chill and early sunsets return, please remember that the DCBA will be gearing up for a fall filed with CLEs and many other great events!
FOR THE LOVE OF OUR COUNTRY . . . Naturalization Ceremony:
“I pledge allegiance, to the flag, of the United States of America” . . . words I spoke every day to start the school day and words I continue to pledge to commence Bar Association and other meetings; words with great meaning but words that sometimes go unappreciated. Being born in America is something my mother always told me was a great gift and needed to be appreciated. Perhaps this was because my father did not have such a privilege. Perhaps it was because she saw how hard he worked to become a citizen in our great country. Perhaps it was because she knew what wonderful opportunities America provides. Or perhaps it was because she knew how fortunate we are to have the freedoms granted to us by our forefathers who created this democracy and who gave us the right to free speech, the right to worship freely, the right to vote, the right to a trial by jury, among just a few. Whatever the reason for my mother’s advice, I have never stopped appreciating the great privileges America provides, but sometimes it is hard not to take things for granted when you become accustomed to living with such freedoms every day. In our recent, polarized political climate it is sometimes easier to forget the great benefits of our county than to appreciate it. My appreciation for our country continues to grow strong, however, especially after attending Delaware County’s Naturalization Ceremonies. The ceremonies gave me a chance to reflect on my father’s journey to America about 50 years ago. It is a privilege to welcome a diverse group of people to our country and an eye opener to see how many people in Delaware County alone have worked for years to become a citizen. When I think about the Pledge of Allegiance which I recited every day as a school student, it is even more meaningful and exciting to see people in their 20s, 30s, 40s, and older saying those words for the first time as United States Citizens! Each has a story. Each has a journey that led them to leave the land of their birth, leave families, leave friends, leave jobs . . . leave everything they have known, and each with a common desire to be Americans and to share and protect the freedoms our Constitution provides. The Delaware County Naturalization Ceremony began in 1939 when a delegation of attorneys presented the idea to the then President Judge, W. Roger Fronefield. The attorneys wanted to let the new citizens of Delaware County know the community welcomed them. Since that time, the Court now has presided over 310 ceremonies as of June 2016. Each year there are typically about 150 individuals who become naturalized citizens in Delaware County, most of whom are between 30 and 55 years old. These ceremonies include participation from the Judges, the Director of the Office of Judicial Support, the
League of Women Voters, speakers, and singers. The most important part of the ceremony, however, is the taking of the oath by each new citizen to protect and defend our Constitution. Becoming a citizen of the United States is no easy task, though, and the approximately one hour long Ceremony in no way reflects the amount of time it has taken individuals to become citizens. One person with whom I spoke at this year’s first ceremony had waited for nine years before completing the process! In order to qualify for citizenship, there are multiple eligibility requirements, the most important of which is that an individual must be at least 18 years old and a permanent resident of the United States with a permanent resident card. Additionally, an individual must reside in the United States for at least three years. The eligibility worksheet provides for multiple requirements to qualify for citizenship including: whether an individual has left the county for any period of time; whether he/she can read, write and speak the English language, with some exceptions; knows fundamentals of U.S. history and the form and principals of the U.S. government; has good moral character; is willing to perform military or civilian service if required by law; and other considerations. Once the application is filled out, potential citizens must be fingerprinted and interviewed and tested on the applicant’s ability to read, write and speak the English language and knowledge of U.S. history. The process is not an easy one and is reflective of the commitment and desire one must have to become a U.S. citizen. The culmination of the process is a simple ceremony wherein applicants take an oath: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.” America is still a melting pot. It is still a land of opportunity, a place of refuge, a place to follow dreams. While the shift of individuals seeking naturalization has shifted in the last twenty years towards Africa and Asia over Central and South America and Europe, there continue to be significant numbers of individuals who seek citizenship. On behalf of the Delaware County Bar Association, I welcome our new citizens and celebrate your achievements and journeys. The different backgrounds and cultures are a valuable part of what makes this such a great country. The most important thing to remember, however, is that there is a common bond among all of us – we hold in common our love of this country and the freedom it provides. W e a r e a l l A m e r i c a n s ! n
Judges Cocktail Party
“One hundred and fifty lawyers walk into a bar”… is usually the beginning of a very bad joke. It just so happens to also be the beginning of the Annual Judges Cocktail Party hosted by the Young Lawyers’ Section of the Delaware County Bar Association. By Michael H. Hill, President, Young Lawyers’ Section
n April 7th one hundred and fifty lawyers and Judges walked into the Bar Association auditorium for the 2016 Judges Cocktail Party. For many years now, the Young Lawyers of Delaware County have hosted an event for lawyers and members of the bench to come together and mingle with each other over hors d’oeuvres and drinks. In the early years it was attended by a handful of lawyers and judges in the basement of the bar association, and has since grown into the massive gathering it is today, thanks to the legal community of Delaware County. The Young Lawyers’ section takes care of providing food and drinks as well as transforming the auditorium into an elegant space that is fitting for this event. All the tables covered with tablecloths, candles, and flowers as well as a long table in the center of the room with food by “Company’s Coming” catering on which all in attendance were able to indulge while sharing in a drink from the bar. This is not your normal gathering of lawyers; it is the very reason why Delaware County is a unique place to practice in the legal field. Shakespeare once wrote “Do as adversaries do in law, strive mightily, but eat and drink as friends.” This is how our profession in the Law should be. We should strive mightily in the courtroom for our clients and their interests, but when the case is over we should eat and drink as friends in a shared interest of the law. However, rarely is this seen in literature or television, but it is seen every day in Delaware County.
6 | Summer 2016
The Judges Cocktail Party is the perfect example of the collegial atmosphere and the sense of civility that is felt on a daily basis. Lawyers and Judges from all over the county gathered in the Bar Association auditorium, their areas of practice as diverse as the conversations they had on this day. Some spoke about law, some about shared interests they had outside of the courtroom, all of it friendly. Looking around the room you could see attorneys who practice varying types of law elbow to elbow with members of our bench sharing a laugh and a quick story. This is what makes practicing in Delaware County so amazing for the legal community. When you look around a courtroom you can see many great litigators arguing fiercely for their clients’ benefit, but once they walk out of the Courthouse and down the steps, the case, although still on their mind, does not interfere with their relationships with their fellow lawyers. When you walk into a courtroom as a lawyer, you are familiar with the Judge and the fellow attorneys because of events like the cocktail party that the bar association hosts throughout the year. This allows for more open and harmonious discussions, which lead to more favorable resolutions for all parties involved. In Delaware County this sense of civility and community distinguishes us from other counties as well as literature, television, or bad lawyer jokes. One hundred and fifty lawyers walk into a bar….and everyone was better off because of it. n
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May Flights of Angels See Thee to Thy Rest Eulogic Expression from Shakespeare Take him for all in all, he was a man; we shall not see his like again. Take him and cut him out in little stars and he shall make the face of heaven so fine that all the world shall be in love with night and pay no worship to the garish sun. Goodnight sweet Prince, may flights of angels see thee to thy rest. John N. Del Collo, Esquire Alexander A. DiSanti, Esquire Kevin W. Gibson, Esquire Karen Newell, Administrative Assistant, DCBA 1987 to 2016 Francis Gabriel Pileggi, Esquire Andrea Tillis, Esquire Anna Iwachiw Vadino, Esquire Summer 2016
Our stars... T
he “Themis Award” is awarded 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 encouraged recognition of the responsibilities of citizens. The award was presented by Vincent B. Mancini, Esquire, Vice President and 2016 Law Day Chairman, to Ed Buffman, Co-Founder and Chairman Emeritus of the Pennsylvania Veterans Museum, which recently celebrated its 10th Anniversary. The Pennsylvania Veterans Museum, open to the public on Veterans Day 2005, is a non-profit organization whose mission is to preserve, promote and protect the legacy and dignity of all U.S. veterans through public display and to educate the public, especially our youth, to the experiences and history of veterans during times of war. The Museum seeks to ensure that current and future generations understand the true nature of war, and recognize the sacrifices made in the name of freedom and security.
Pictured (L to R): Ed Buffman, World War II Navy combat veteran, recipient of the prestigious “Themis Award”; William L. Baldwin, DCBA Executive Director, recipient of the Elizabeth C. Price Award; President Judge Chad F. Kenney; and Karen Newell, Themis Award recipient.
8 | Summer 2016
ED BUFFMAN HIGHLIGHTS: Star football and baseball player at Roxboro High; Joined the Navy as young boy, mother had to sign; Navy training center, Sampson, NY; Gunnery school, Washington, DC; Advanced rapidly to Gunners Mate, 2nd class; USS Missouri BB63, Commissioned 1944 thru 1946 (plank owner); Joined Pacific fleet, Task Force 38 & 58; Major battles – Iwo Jima, Okinawa, Kyusyu, Honsho, Japan. AWARDS: WWII Victory Medal; Asiatic Pacific Campaign Medal – 3 Bronze battle stars; European African Middle East Medal; Philippines Liberation Medal; Philippines Presidential Unit Citation; Philippines Independence Medal; US Navy Combat Action Ribbon; American Campaign Medal; Navy Asian Occupation Medal with Asia Bar; Good Conduct Medal. Other: Volunteered to join special landing force called Malone’s Marauders to land on Japan mainland prior to surrender. Buffman hit beach in first wave and was in charge of bomb disposal group; Surrender was signed on the U.S.S. Missouri, September 2, 1945; After peace treaty, tour of duty in Europe, U.S.S. Missouri, 6 months; Honorably discharged from US Navy 1946. ORGANIZATIONS: Co-founder Pennsylvania Veterans Museum, and Chairman Emeritus; VFW Media Post 3460; U.S.S. Missouri Association; U.S. Battleship Association; American Legion Post 93, Media Past Commander VFW Post 3460 – 1999-2001; Chosen VFW All State Post Commander; Co-founder Media Theatre Veterans Alliance.
SUPPORT: More than ever, it is vital to our American way of life that those generations who follow recognize the importance of duty to country. Your support is important in creating the kind of learning experience that the subject and the times demand. Please get involved. This is your Museum. Make your donation by sending a check to: PA Veterans Museum, Media Armory, PO Box 73, 12 East State Street, Media, PA 19063 or http://www.paveteransmuseum.org/home/support.php The Liberty Bell Award of the Young Lawyers’ Section of the Delaware County Bar Association 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. Congratulations to Karen Newell, DCBA Administrative Assistant, 1987 through June 2016. “This Award is the icing on the cake . . . How sweet it is!” For close to 30 years, Karen has been the heart of the Delaware County Bar Association, handling Continuing Legal Education seminars and accreditation, Committee meetings, Bar Association and community events, and many other important functions of the Association. It is with great sadness that Karen passed away in June 2016, shortly after having been recognized by the Young Lawyers’ Section for this award. Karen will always be remembered for her spirit, dedication and love for her job. The Elizabeth C. Price Award to a person whose dedication, integrity and loyalty to the Bar Association most closely exemplify that of the late Elizabeth C. Price, Executive Director, 1974 to 2010. Presented by Lewis B. Beatty, Jr., Esq., Elizabeth C. Price Award Recipient, 2015. Congratulations to William L. Baldwin, DCBA Executive Director. Bill has been the Executive Director of the DCBA since 2011, having previously served as the Legal Services Director/Deputy Director of Laurel House, a domestic violence program in Montgomery County. His career also included employment as the managing attorney at A Women’s Place Legal Services Center and the Legal Services Director of the Domestic Abuse Project of Delaware County. Bill is a graduate of Monsignor Bonner High School; La Salle University, with a Bachelor of Arts in History; and he received his Juris Doctor from Temple University School of Law. SPECIAL RECOGNITION AND AWARDS: The Donald J. Orlowsky Memorial Award in 2014; President’s Special Recognition Award in 2013 for outstanding service to the members of the Delaware County Bar Association; the Domestic Abuse Project’s Shannon M. Stout Memorial Award in 2012 for service to victims of domestic violence; the Delaware County District Attorney’s Office McEwen Award in 2001 for service to victims in Delaware County; Women’s Way Recognition Award for service in 1995. Bill enjoys the study of foreign languages and international travel. The staff at the DCBA finds that where Bill most exemplifies the character of Elizabeth C. Price is in his kindness and supportive nature.
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Mercy spirituality, global awareness, and social responsibility... The DCBA commends the impeccable talent and passion of The Merion Mercy Academy award recipients and congratulates them in their victory of the DCBA’s Young Lawyers’ Section Mock Trial Competition, 2016. continued on next page >
continued from page 9
Faith, Integrity, Diligence, Excellence, and Service... The Delaware County Bar Association’s Law Day 2016 in Courthouse No. 1 on May 6 was made a little more enjoyable because of the musical entertainment provided by the Artisans, the musical ensemble from Williamson College of the Trades who performed as part of their on-going commitment to community service. Under the direction of Sherre Gaertner, the group consists of seniors Jared Pendleton, Philip Vecchiolli, and Alex Wilwert [who recently graduated], junior Jonathan Carnes, and freshmen Harold Chapin and Mark Turner. Gaertner, a music teacher in the Rose Tree Media School District for 27 years, became the Artisans’ director last August. She said, “The talent, work ethic, commitment to excellence, and mature character of these young men has made working with the Artisans one of the most fulfilling endeavors of my musical career.
10 | Summer 2016
Pictured (L to R): Senior (Masonry) Jared Pendleton; Senior (Carpentry) Phil Vecchiolli; Senior (Carpentry) Alex Wilwert; Freshman (Power Plant) Harold Chapin; Junior (Masonry) John Carnes; and Freshman (Machine Tool) Mark Turner.
“As well as being in the top academic ranks of their respective classes, these young men are also athletes and class officers. They are often involved in leadership roles in many other clubs and activities at the school. The Artisans reflect the school’s core values of faith, integrity, diligence, excellence, and service.” This ensemble has been a part of the school’s fabric since its founding in 1888. Earlier known as the Glee Club, the ensemble was named The Artisans in the 1980s. Participation requires up to two rehearsals a week with performances scheduled throughout the year. Since its founding on December 1, 1888, Williamson has been providing a tuition-free, three-year education in the trades to young men. Their education also includes academic classes and character building so they will have not only trade skills, but the proper attitudes to succeed in all that they do, such as honesty, reliability, and responsibility. The school’s five core values — Faith, Integrity, Diligence, Excellence, and Service — are a major part of a Williamson education. Williamson is the only not-for-profit, accredited, occupational education institution in the country. The school relies on interest from its endowment and contributions from alumni, friends, corporations, and foundations to meet its mission. The school has earned a national reputation for producing graduates who become expert craftsmen, successful businessmen, and recognized leaders in their fields.
Responsive, Efficient and Professional... The Sheriff’s Office of Delaware County dedicates itself to enhancing the quality of life in our county through the rendering of responsive, efficient and professional governmental services to our community and to our courts. Working together as a team to improve the lives of other people . . . William Schailey and Kirstyn Coale of the Sheriff’s Office of Delaware County with “Man’s Best Friend” Chad, the Therapy Dog. Law Day 2016 Student Tour. Children from Delaware County enjoy Law Day, an annual event held at the Delaware County Courthouse that gives them an opportunity to see what happens on a daily day in the Court of Common Pleas in Media. The children were also fortunate enough to have a visit from Chad the therapy dog. Andrew J. Edelberg, Esquire, Chairman, 2016 Student Tour; Lindsey Conan, Esquire, and Kristina DeSenze, Esquire, Co-Chairs of the Student Program. n
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DELAWARE COUNTY BAR ASSOCIATION YOUNG LAWYERS’ SECTION
Team 2015 Says
“Show Your Stripes & Run for the House in 2016” By Michael H. Hill, YLS President
“Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” - Margaret Mead
ix years ago the Young Lawyers’ section of the Delaware County Bar Association began a small race attended by a handful of runners that all had one thing in common. The common trait among these runners was not necessarily the urge to post their fastest 5k time, or get a good workout in, although all of those things happen annually at the Run for the House. The common trait was a desire to do more: a desire to help others; a desire to give back. A motto of mine for a long time now has always been that with ability comes responsibility. A responsibility to help when able, a responsibility to give back when you can, a responsibility to teach when called upon. The formation of the YLS annual 5k was exactly that. Members of YLS have the ability, so we also have the responsibility to give back to our community and to be more socially aware. The Ronald McDonald House supports families of seriously ill children by creating a community of comfort and hope. The Ronald McDonald House of Philadelphia was the first
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of its kind, and now serves as the model for over 350 Houses in 42 countries. In 2015, The Ronald McDonald House of Philadelphia served 1,388 unique families for 2,279 total family stays. Although this number is beyond impressive they want to do more. In 2015 the house received 5,965 family requests, however, could not accommodate all of them because of lack of space. Ninety percent of their funding comes from individuals and corporate donors, and the remaining ten percent is provided by Ronald McDonald House Charities. This is where the 5k comes in. Each year since its formation, YLS has donated one hundred percent of the proceeds from the runs to the Adopt-A- Room program at the Ronald McDonald house on Chestnut Street. To date, the 5-year total exceeds $26,000. Last year alone, the YLS raised over $6,000, which is not bad for a handful of runners. The Adopt-A-Room partnership program allows individuals, companies, or organizations to be the room sponsor of one
of the 65 guest rooms at one of their two locations. Funding will sponsor all the families who sleep in that room throughout the year. This year the Ronald McDonald House located on Chestnut Street, the first of its kind, announced plans to expand the facility. This expansion will help serve more families in need, and hopefully reduce the amount of requests they have to turn down due to lack of room. Six years ago a small group of individuals got together to make a difference, and they did. This year I challenge us to do even better. This year’s 5k will be a joint venture with the Ronald McDonald House, the first of its kind. We want to make this year different by taking this small group of runners, who took the first steps in building this race, and change them into the largest group to have ever run this race, breaking down records, raising money, helping those who are less fortunate. This year we will be once again in Ridley Creek State Park and the race will take place on October 1, 2016. Registration will open at 9:30 am and the race will begin at 10:30 am. We hope to smash attendance records for this event and make it rival any run of its kind in the area. We have already started the process of looking for sponsors, donors, and most importantly participants. This year will be a family oriented run/walk. We hope to have activities for the kids, special guests, and most importantly raise enough money where we will not just adopt a room again but make a significant contribution to help the Ronald McDonald House in Philadelphia expand their ability to help families in need. To do this we need you. We need you to spread the word, to volunteer, and to sign up. You can do all of this through our Facebook page (Young Lawyers Section of the Delaware County Bar Association) and Run the Day sign-up page (Runtheday.com). If you are interested in helping out or making a donation you can also contact me at firstname.lastname@example.org. n
Race Information Date: October 1, 2016 Registration: 9:30 am Start: 10:30 am
PRESIDENTIAL CAMPAIGN LORE in DELAWARE COUNTY Hosts JFK An interesting anecdote about the 1960 presidential campaign of John F Kennedy, which involved a special visit to Delaware County:
t had been a 20th Century tradition going back at least as far as the 1912 Presidential campaign of Woodrow Wilson, that the Democratic candidate for President of the United States would, in the final weeks before the November election, visit Philadelphia, where the thousands of party faithful would assemble in Center City to applaud each sentence of the litany of promises recited by their candidate. That tradition also called for the Democratic Presidential candidate to proceed immediately across the river to Camden to embrace the Democratic candidates in New Jersey and to excite the New Jersey electorate. And so, on that Friday in October 1960, John Kennedy campaigned in Philadelphia – but, were Bill Green, as a national leader of the Kennedy campaign and Philadelphia Democratic chairman, to preserve the long tradition and send John Kennedy from Center City Philadelphia over to Camden, his brother St. Joe alum and comrade in the Congress would surely be harmed. Bill Green never even saw a dilemma, for while tradition is to be preserved, friendship is to be honored. As a result, Bill Green sent John Kennedy and his Presidential campaign entourage not east to New Jersey, but west to Aronimink Golf Club in Delaware County and there excited an earthquake that made Kennedy territory of Republican Delaware County – where, I can tell you, the tremors are still felt some four decades later – and, of course, as we know, Bill Cahill was returned to the Congress until called upon to serve as Governor from 1970 through 1974. The very next morning, a Saturday, JFK packed the square of the Upper Darby Municipal Building with thousands of spectators in the pouring rain.
Amicitia est beatus sol – friendship is the warmest sunshine. n
“I USED EVERYTHING YOU GAVE ME - THANK YOU LORD.” Alexander “Lex” A. DiSanti, Esquire 1934 – 2016 Eulogy presented by Carmen P. Belefonte, Esquire
have been asked by the DiSanti family to share their thoughts about their Dad and granddad — A man they will forever miss but never forget. I am sure each of you in some way will relate to their feelings as Lex touched your life. They say pictures are worth a thousand words. Much of what the family has to share was already seen last evening and this morning through pictures. You saw many pictures of Lex from his youth until recently depicting a man leading a fulfilling life and sharing love with his family and friends.
The DiSanti memories: Dad instilled in his children and grandchildren tremendous pride in our Italian heritage and sense of family. Family events were planned so that all of us were together, whether it was a stroll through the Italian markets or taking us on an unforgettable trip to Italy. Experiences we will never forget. A legacy he wanted to leave us. He was the family patriarch who valued the importance of a unified
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family. He also passed on his zany zest for life and the legendary wit and humor that embodied him. You can hear some of Lex in each of us. Family events in public were also an experience — full of laughter. The public in hearing distance also enjoyed it. Dad also had a sense of responsibility he learned from his grandfather and father who were his role models. Dad passed on this legacy to us. In doing so, we feel that responsibility to achieve excellence and are grateful. He expressed great pride and love of all of us. It is comforting to know that we were able to give him this gift that he cherished most of all. Dad loved St Joe’s. His feelings for St Joseph’s remained with him to the end. He was a proud Hawk and spoke often of the pleasure and enlightenment derived from the teaching of the Jesuits especially Father Ed Gannon. Dad was blessed with many loyal and caring friends. Dad’s charisma created a warm feeling in a anyone he met – you were immediately drawn to him. You could see that in the pictures we shared with you.
Dad loved the Jersey shore, sitting on the beach reading a book. Dad also loved to travel. He travelled the world — to take in first hand, its beauty and marvel. He loved nature — it provided him an environment and atmosphere for reflection and tranquility. He wanted it be given the care and attention required to ensure that all future generations would enjoy the same pleasures afforded to those who preceded. Music — Jazz, Sinatra, all were important to him. One of his favorite shows was Madame Butterfly. He broadened our life experiences with these interests in ways we may have never explored on our own. He was brilliant, like his role model, Guy deFuria, a true Renaissance man. Name the subject — he could talk about it. Almost every person Dad introduced to us would say “Your Dad is the most intelligent man I’ve ever known.” Hearing it so often led us to the inescapable conclusion there was something truly remarkable about this man . . .
A SYNONYM FOR HUMOR Lex DiSanti How can we not reflect upon our Dad without thinking of his humor, a joke for every occasion. He was a joke encyclopedia and his delivery was uncanny. He could imitate any accent and made sure that the appropriate accent was applied to the joke’s ethnicity, or the character of the subjects involved in the joke. He could have been a stand-up comic. He felt a Social Responsibility especially for the underprivileged and many charities, especially those representing a medical program aimed at a disease any family member or friend ever had or has. His sense of duty and loyalty was remarkable. Pictured (L to R): Alexander A. DiSanti, Esq., outgoing DCBA President, 1983; Carmen P. Belefonte, Esq., incoming DCBA President, 1984. He absolutely loved the law and felt a deep responsibility to it. It was in his every fiber. He was modest and unpretentious. His needs were simple. His fulfillment came from what he experienced and accomplished in life and contributed to society. Dad always made everyone feel like they were valued. Pope Francis had a profound impact on Dad. A Jesuit had become Pope — he believed the Pope was a gift to the Catholic Church. Dad appreciated his fortunate life. He was grateful for a life that had afforded him a career that he loved to his core, a sense of pride in his accomplishments, the gift of his children and grandchildren who provided him a great sense of joy, love and pride and numerous beloved friends and loved ones who enriched his life. He experienced much in life and felt very blessed and had arrived at peace in accepting his condition. He was brave, dignified and rarely uttered words of complaint through all his days. He was a courageous and strong example to follow, always concerned about your well being more than his own. While his wit, brilliance and kindness will be remembered, his true legacy is sitting right here — his children and his grandchildren, Alexandra, Nick and Tom.
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They are part of Lex and he will live in them. The knowledge he imparted to them will empower them and generations of DiSanti’s to come — That is his legacy — and Lex knew that. In closing, because of my inability to adequately convey the beauty of this man’s soul and impact on all of us, I am compelled to borrow the very words of Lex as he remembered his “beacon” – Guy deFuria. I replace only the name Guy deFuria with Lex DiSanti . . . it reads :
Those of us assembled here cannot help but feel kinship with Lex DiSanti, whose legacy as a man and as a lawyer endures because so many of us were fortunate to have had our lives touched and enriched by the force and vitality of his intellect, character and personality. While his corporeal shell may be gone, the inheritance he left us is forever, because the indelible imprint he made upon those acquainted with him was fashioned by the
Collegiality and Excellence in the Practice of Law...
“I USED EVERYTHING YOU GAVE ME - THANK YOU LORD.” continued from page 15 >
Nancy C. DeMis, Esquire, Honored with deFuria Award
Joining award winner Nancy C. DeMis (center/ front), from left to right, past Guy G. deFuria Award recipients Robert M. Firkser (2014) and the Honorable George A. Pagano (2010); Ronald H. Surkin, Esq., Partner, Schoenfeld, Surkin Chupeinn & DeMis; Amber L. Burke, Esq., President Elect/Vice President, Guy G. deFuria Inn of Court and the Honorable William “Chip” Mackrides, President, Guy G. deFuria Inn of Court; and, past recipients of the Guy G. deFuria Award, Carmen P. Belefonte, Esq. (2004), Honorable Frank T. Hazel (2006), Gail M. Whitaker, Esq. (2013), and Andrew J. D’Amico, Esq. (2011).
he Guy G. deFuria Chapter of the American Inns of Court held its final program of the year on Wednesday, May 11, 2016 at the Delaware County Bar Association. Nancy C. DeMis, Esquire, was presented the prestigious Guy G. deFuria Award. This Award is given annually to a trial lawyer or judge who, over the course of his or her professional career, has exemplified the ideals embodied by Guy G. deFuria and who has demonstrated a commitment to competence, civility, and professionalism in the best traditions of our profession. The deFuria Award was established in 1991 to celebrate the career of the late Guy G. deFuria, a former acting Delaware County district attorney and distinguished trial lawyer. He also served as a senior trial counsel for the U.S. Senate Select Committee to oversee the censure of Senator Joseph McCarthy (R.Wis.). Mr. deFuria is remembered for his lively intellect and generous spirit. At the same meeting, the outgoing President of the Inn, the Honorable William “Chip” Mackrides, was unanimously commended for his innovative and dedicated leadership of the Inn for the past year. The Guy G. deFuria Chapter of the American Inns of Court is a section of the Delaware County Bar Association. It was established in 1990 to promote collegiality and excellence in the practice of law. n
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force and power of his mind and spirit. His lofty ideals and standards are beyond temporal bounds. I BELIEVE LEX WILL ALSO HAVE this to say – “I USED EVERYTHING YOU GAVE ME - THANK YOU LORD.” May we long remember Lex DiSanti Some people make the sky more beautiful to gaze upon. They stay in our lives for awhile, leave footprints in our hearts and we are never, ever the same. Forever friends . . . Alexander A. DiSanti, Esq., and Elizabeth C. Price. Delaware County Bar Association’s Annual President’s Dinner, Aronimink Country Club, 1983. n
Dedicate Yourself... Standing In The Hall Of Fame
DELCO Athletes Hall of Fame It all began in 1939 when a group of businessmen, headed by L. Gordon (Dick) MacDonald, met at the old “Y” in Chester, Pennsylvania, to plan a father and son dinner. Since then, it has become a Delaware County sports institution, known as the Delaware County Old Timers Association. In 1956, the Delaware County Athletes Hall of Fame became its constituent, becoming the first such organization in the County. Inscribed on plaques in the Delaware County Athletes Hall of Fame are the names of men and women representing Delaware County who participated and excelled in athletic activities. If we were to trace the journey of any one of these individuals on their way to the Hall of Fame, we would find many achieved their goals because of their Godgiven talent. Others had to overcome physical disabilities to become great. Still others were fortunate to be the right person, in the right place, at the right time. Not only have their names been recorded, but also their achievements. Their deeds shall stand as a challenge for all those who may follow, that they too may participate, excel and achieve.
I had the distinct pleasure of joining friends and colleagues at the 77th Annual Sports Dinner where to perpetuate his achievements in the world of athletics, DCBA member John “Jack” Churchman Smith, Esquire, was inducted into the Delaware County Athletes Hall of Fame. Jack, through the years, participated and distinguished himself with honor in multiple, competitive sports. Thank you for the invitation to attend, it was our pleasure, you are a “Hall of Famer”! Tracy E. Price, Editor A 1949 graduate of Swarthmore High School, he played football and lacrosse, and was one of the founders of the lacrosse program as an intercollegiate sport at Dickinson College. He was a member of back-to-back undefeated football teams in 1947 and 1948 as a linebacker for legendary coach Millard Robinson. At Dickinson he was the second leading scorer on the football team and led the lacrosse team in scoring for three seasons. In 1952, he scored a gamerecord seven goals against Lafayette and was the first team member to achieve national recognition by being selected to play in the North-South All Star Game in 1953. John Churchman Smith, Esq., (L) pictured with family, his wife Louise, and son Stuart Smith, Esq. April, 2016 Concordville Inn
“Football is like life — it requires perseverance, self-denial, hard work, sacrifice, dedication and respect for authority.” ― Vince Lombardi Jr. HONORS AND AWARDS: Football Freshman Numeral 1949 Varsity letters 1950, 1951, 1952 Little Three All Star Team 1951 Most Valuable Player 1951 Senior Varsity Club 1953 Captain 1952 (first elected Captain since 1943) Lacrosse Four years Varsity Lacrosse recognized as intercollegiate sport in 1952 Letters in 1952 & 1953 Captain 1953 All State All Star for PennsylvaniaDelaware 1952 North-South All Star Team for 1953 (First National Recognition for the Team) Philadelphia Lacrosse Club 1959-1960 PROFESSIONAL: Trial lawyer and senior partner in the firm of John Churchman Smith & Associates, P.C. Past President, 1985, Delaware County Bar Association. E. Wallace Chadwick Award Recipient, 1997. n
Pictured Left to Right: William L. Baldwin, DCBA Executive Director; David E. Auerbach, Esq., and “Hall of Famer” John Churchman Smith, Esq. Summer 2016
NEW, TRUE, BLUE 44th Annual Bench Bar Conference Annapolis, Maryland, June 8 – 10, 2016 A NEW ADVENTURE
his was an exciting year for the Delaware County Bench Bar Conference! For the first time in history, the Bench Bar Conference was held in Annapolis, Maryland at the Marriot Waterfront Hotel. There was excitement in the air from the very start of the Conference. We had record attendance of 200 people, we welcomed many new faces and welcomed back some familiar faces of Bench Bar Conferences past. It was a wonderful array of new and veteran attendees that made for a lively, exciting and collegial event. Pictured (L to R): Kristen M. Rushing, Esq., with Kathleen A. O’Connor, Esq.
The Continuing Legal Education seminars were outstanding this year, offering a full year’s worth of credits, including three ethics credits. The seminars ran the gamut from custody to immigration to personal injury and death penalty cases. The Young Lawyers Section continued its tradition of hosting two case law updates. We were honored to have Captain Wesley S. Huey, USN, PhD, professor at the United States Naval Academy, as our George B. Lindsay Keynote Speaker who provided a unique and entertaining perspective on leadership.
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By Kristen M. Rushing, Esquire
TRUE BLUE. . .
Pictured (Center): Colleen M. Neary, Esq., BBC Committee Chair; and Captain Wesley S. Huey, USN, PhD, professor at the United States Naval Academy; and family. The setting for this year’s Conference offered a wide array of activities for our members. There was the annual William G. Halligan Golf Tournament held at Queenstown Harbor Golf Course, just a short drive from the hotel. A historic tour of Annapolis, including the U.S. Naval Academy, was provided as well as a sailing excursion on the Chesapeake. Many of our members who did not partake in the activities offered simply strolled through the picturesque city of Annapolis enjoying the many fabulous restaurants, shops and scenery. But our Bench Bar Conference would not be complete without our Delaware County Bar Association traditions! We kicked things off with the annual Crab Feast and Barbeque Dinner at the Chesapeake Bay Beach Club and had our always entertaining President’s Dinner at the Chesapeake Ballroom in the hotel. The Young Lawyers once again hosted their Texas Hold ‘Em Tournament and everyone came out to enjoy the hospitality suites offered throughout the conference. Change is never easy, but this year’s conference was a mix of old and new and proved to be a huge success. Having attended the Bench Bar Conference every year for the past eleven years, I have to say that this was one to remember!
44th Annual Bench Bar Conference Award Recipients - Pictured (L to R): Robert M. Firkser, Esq.; Tracy E. Price; Gina M. Gerber, Esq., and Andrew J. D’Amico, Esq. The Nicholas D. Vadino, Jr., Memorial Award is presented annually at the Delaware County Bench Bar Conference to a member of the Bar Association for significant contributions by a young lawyer to the organized bar . . . Congratulations to Gina M. Gerber, Esq. Presented by Michael H. Hill, Esquire, President, DCBA Young Lawyers’ Section . . . “Over the past few years the Young Lawyers section has grown exponentially under many great presidents and executive boards. In case you haven’t noticed the Young Lawyers section is one of the largest active groups in our Bar Association. We have members in every facet of the bar, whether it’s simply attending an event thrown by the bar, or sitting on the executive board and many sub committees that are available, as well as the members who consistently present in Bar sponsored CLEs. Even at this Bench Bar Conference, if you look at your schedule of events, you will see that many of the names of the presenters are active members of the Young Lawyers’ section. This makes the job as the president somewhat of an easy one, however, it makes choosing one recipient out of many worthy individuals very hard.
How did we grow from a small group that used to host a few happy hours a year to what we are today? One can look back at the many past presidents and see their leadership and the building blocks that they laid to see the foundation, but it is our every day members that built on this foundation; those that volunteer to set up events before they start, those which consistently attend YLS sponsored events, and those that volunteer to take coordinating positions, or positions on our executive board but get little credit in the lime light. When we think of all the members of our Section who contributed to this growth, one has stood out over others. The Nicholas D. Vadino memorial award is given to a Young Lawyer who has made significant contributions to the bar. When deciding this year’s winner, the Nominating committee could not think of a more worthy individual. This recipient graduated from Syracuse University in December 2005 where she was on the Dean’s list every semester. She then attended the Villanova School of Law, where she was the president of the Justinian Society. She participated in “Lawyering Together,” a program assisting attorneys on pro bono cases. After she graduated in May of 2009, she officially started working at the Law offices of Vincent Mancini where she started working as a summer law clerk in June of 2008 and continues to work there today as an Associate. In between her busy work schedule, she somehow has found the time to have been YLS Mock Trial Coordinator and an Event Coordinator multiple times over. At each event we throw, she also finds the time to bring in homemade baked goods which makes setting up collapsible tables and folding chairs much more tolerable! This year, she serves on the YLS executive board as its treasurer, and still, at the drop of a hat, will volunteer to handle the small details that go into every event we throw, even if it is because someone dropped out last minute or we desperately need help from someone who actually knows what they are doing. She is always there with an answer, a helping hand, a smile on her face and an infectious laugh. As President of YLS I would be lost without the assistance of this individual on almost every decision we make. The YLS is better for having her involved… and the Bar is better for having her as a member. This year’s Nicholas D. Vadino
Jr. Memorial Award goes to Gina M. Gerber.”
The DCBA Young Lawyers’ Section . . . “Lawyering Together”
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 . . . Congratulations to Tracy E. Price, DCBA Marketing Director, Editor of the Delco re:View. Presented by President Judge Chad F. Kenney and the Honorable John P. Capuzzi, 2015 Recipient . . . Tracy has been a dedicated employee of the DCBA since 1995, and she has worked tirelessly to promote the Association and its many important services and programs. She has been especially instrumental in building on the contributions of her late mother, Elizabeth C. Price, who was the first Executive Director of the DCBA. Tracy is a “bridge” and she has helped to unite the accomplishments of the past with the goals for the future of the Bar Association. Her contributions to Law Day, the Bench Bar Conference, and other events have been important for fostering a strong relationship between the Bench and the Bar. Because of this, President Judge Chad F. Kenney and the Board of Judges selected Tracy Price for this special honor. Congratulations, Tracy, and thank you for all the great work that you do for the DCBA! About the Award: Donald J. Orlowsky became a judge of this Judicial District at the young age of 40 in 1974. “As all too often happens, this unusually scholarly young man served but a pitifully short time as Judge before passing one year later, on April 19, 1975. He was unique in many ways – an outstanding lawyer, a highly respected Judge, a devout Catholic, a scholar of church history and
government, a devoted family man. It was thought that his passing deprived this Judicial District of a Judge with a potential for adding much in an academic way to its Judicial history.” From the History of the Delaware County Bar Association, 1989, The Honorable John V. Diggins, Author.
The E. Wallace Chadwick Award is presented annually at the Delaware County Bench Bar Conference to a member of the Bar Association who has served the legal profession in the furtherance of intraprofessional development, communication and education. Presented by Scott C. Gottell, Esq., President, DCBA. Congratulations to Andrew J. D’Amico, Esq., who has been an active and dedicated member of the Delaware County Bar Association since 1979. He served on the Association’s Board of Directors in 1991, 1992, 1997 and 1998; he was the President of the Delaware County chapter of the American Inns of Court in 1995-1996; and he chaired the DCBA Civil Trial Practice Committee in 2001. But one of Andrew’s most significant contributions to the Bar Association has been as a member and Chair of the Alternative Dispute Resolution Committee since 1996. Since assuming leadership of the ADR Committee, Andrew has been a tireless advocate for expansion of the ADR program. In June 2000, the Committee, under Andrew’s leadership, launched the first Voluntary Settlement Program; three pilot programs were run that year. Presently, the Committee runs nine Voluntary Settlement Programs per year in areas ranging from personal injury (auto, UIM, premises cases, etc.) to commercial and real estate cases. Andrew has also worked to develop and train a cadre of attorneys to serve as settlement facilitators, and all attorneys offer their services at no cost. (Andrew himself has served as a neutral arbitrator and mediator for civil cases since 1990, which predates his involvement with the DCBA ADR Summer 2016
Committee.) For his work as Chair of the ADR Committee, Andrew D’Amico was awarded the prestigious Paul R. Sand Award in 2001; the Elizabeth C. Price Award in 2007; and the Guy G. deFuria Inn of Court Award in 2011. Additionally, Andrew and his ADR volunteers were given a special recognition award at the 2012 Annual President’s Dinner. Andrew’s dedication to the ADR concept extends beyond his work in Delaware County. He is a frequent lecturer in the areas of Alternative Dispute Resolution to various groups including the Pennsylvania Association for Justice and the American Inns of Court; he has also taught CLE and CPE (for accountants) programs on this subject. Martindale-Hubbell has reviewed and evaluated Mr. D’Amico’s credentials as “AV Preeminent.” About the Award: E. Wallace Chadwick (1884-1969) was a distinguished member of the Delaware County Bar Association and wellrespected judge of the Court of Common Pleas. “He served with signal distinction and brought to the Bench that quality of learning, of understanding, and the acme of judicial demeanour that should always surround the office of Judge” . . . From the History of the Delaware County Bar Association, 1989, The Honorable John V. Diggins, Author. After Judge Chadwick retired, he returned to practice and went on to serve this country in the Congress of the United States. In this broader field of responsibility, following the Second World War, he made a great contribution to the solution of many monumental and history-making national and world-wide problems. In his will, Judge Chadwick provided for a trust to be established for the benefit of charitable and educational endeavours in Delaware County. One of Judge Chadwick’s Trustees, Frank I. Ginsburg, proposed that a substantial sum from the trust be given to the Delaware County Bar Association, and thus the E. Wallace Chadwick Memorial Fund was established. Today, the fund is used to assist law students in obtaining education and to sponsor lectures, educational programs, and meetings at the Bar Association. The Honorable Frank T. Hazel Hall of Fame Award is presented annually at the Delaware County Bench Bar
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Conference 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 (pictured center), a great friend and tireless supporter of the Bar Association.
Presented by Colleen M. Neary, Esq., Chair, Bench Bar Conference Committee (pictured right). Congratulations to Robert M. Firkser, Esq. (pictured left), who reflects these qualities as well as Judge Hazel’s respect for the law and his unbridled caring for his colleagues and friends. Bob reflects a career of service to the legal profession in general and to the Bar Association in particular. He is truly a great member of our Bar Association who has shown, for an extended period of time, the characteristics that we have come to know and love with regards to Judge Hazel. Robert M. Firkser has been a partner in the law firm of DelSordo and Firkser since 1992. Mr. Firkser practices in the following areas: Bankruptcy/Creditor; Collections/Enforcement of Judgments; Construction Law; Consumer Law; Corporate/Small Business; Estate Planning & Probate; Insurance Law; Labor & Employment Law; Litigation/ State Courts; Malpractice; Personal Injury/Plaintiff; Real Estate/Commercial; Real Estate/Landlord-Tenant; Real Estate/ Residential; Workers Compensation/ Claimant; and Workers Compensation/ Employer. Mr. Firkser was awarded his J.D. from the University of Miami School of Law in 1978 and his Bachelor’s Degree from St. Joseph’s University. He has been an active member of the Delaware County Bar Association, the Pennsylvania Trial Lawyers’ Association, and the Delaware County Trial Lawyers’ Association. He also chairs the Program Sub-Committee of the Bench Bar Conference Committee
and is responsible for planning the CLE programs for the Bench Bar Conference.
THE VIBE ELECTRIC . . . THE COLOR BLUE CHEERS TO WEARING IT WELL!
“Beautiful people make a good picture.” J. BARRY
Many thanks to those who attended a most successful Conference this year and, a special thank you to all who made it possible!
Pictured (L to R): Rachael L. Kemmey, Esq.; Jennifer L. Galante, Esq.; Joseph T. Mattson, Esq.; Maureen A. Kane, Esq.; and Amber L. Burke, Esq.
Electric . . . You wear it well Joseph A. Malley, III, Esq., and Dana F. Ingham, Esq. Bench Bar Conference Committee: Colleen M. Neary, Esq., Chairman, Bench Bar Conference Committee; Scott C. Gottel, Esq., 2016 President, DCBA; Patrick Daley, Esq.; Honorable Barry C. Dozor; Robert M. Firkser, Esq.; William G. Halligan, Esq.; Honorable Frank T, Hazel; Michael H. Hill, Esq., 2016 President, YLS; Craig B. Huffman, Esq.; Joseph P. Lesniak, Esq.; Eugene J. Malady, Esq.; Richard A. Mitchell, Esq.; Gerald C. Montella, Esq.; Kathleen A. O’Connor, Esq.; Honorable George A. Pagano; Kristen M. Rushing, Esq.; Lyn B. Schoenfeld, Esq.; J. Michael Sheridan, Esq.; Aimee M. Taylor, Esq.; Mary V. Z. Wachterhauser, Esq.; Michael F. Wenke, Esq. William L. Baldwin, Esq., Executive Director, DCBA Tracy E. Price, Director of Marketing, DCBA; Editor, Delco re:View
FORE ADVENTURE . . . Golf is 20 percent mechanics and technique. The other 80 percent is philosophy, humor, tragedy, romance, melodrama, companionship, camaraderie, cussedness and conversation. ~ Grantland Rice THE RESULTS ARE IN . . . The Annual William G. Halligan Golf Tournament held this year at the Queenstown Harbor Golf Course, consistently ranked one of the top golf courses in Maryland. A special thank you to Robert R. DeLong, Jr., Esq., for coordinating the tournament and creating yet another memorable experience on the course! 1st (69): Joe Malley; Gene Jarrell; Bill Galinas; Dave Auerbach 2nd (71): Rob DeLong; Gene Malady; Brian Messick 3rd (74): Dan Woody; Jim Bonner; Kevin O’Neill; Michelle ThursticO’Neill “Longest Drive” Richard A. Mitchell pictured with Robert R. DeLong, Jr.
Closest to the Pin: # 3: Leo Pall 17’3" # 8: Joe Del Sordo 78" #11: Gene Malady 17’9" #17: Gene Jarrell 7’4" Pictured (L to R): Joseph J. DelSordo, Esq.; Robert R. DeLong, Jr., Esq.; Leo M. Paul, Jr., Esq.; Eugene J. Malady, Esq.; and Eugene F. Jarrell, III, Esq.
Starting A Business While Receiving Unemployment Compensaton Benefits: A Potential Hazard For Your Clients
e can all understand why people who lose their jobs will try everything they can think of to generate income. Many think they are doing the right thing by starting a business or looking for work as an independent contractor — and they may be right — but they need to understand the risks. They can lose their rights to any Unemployment Compensation benefits, and can be charged retroactively for overpayment. They can also lose their rights to collect Unemployment Compensation benefits following any subsequent termination for several years. Let’s start with a quick review. Generally, employees who are terminated or laid off are eligible for unemployment compensation if they have received wages for at least a year (not necessarily from the same employer). Unemployment compensation is generally not available to employees who quit voluntarily or are terminated for “willful misconduct.” After they file an initial application, the Bureau of Unemployment Compensation issues an initial determination advising claimants of their eligibility, and telling them the amount of benefits they will receive on a weekly basis. That notice will tell the claimants how much they can earn while receiving Unemployment Compensation benefits without reducing their benefits, known as the Partial Benefit Credit (PBC). They will also be told that they are required to actively seek employment. Starting a business or looking for work as an independent contractor may seem like an attractive option to claimants, but this is a trap for the unwary. They may assume they can simply report their earnings, consistent with the PBC information they received. Unfortunately, going into business for themselves after they become unemployed disqualifies claimants from receiving any unemployment compensation benefits. This is true even if they do not make any money. Under Pennsylvania law, claimants are barred from receiving benefits in any week that they are engaged in “self-employment.” Claimants are considered “self-employed” upon taking the first step toward starting the business, such as opening a bank account, setting up a corporation or other business entity, working as a consultant, advertising for business, renting an office, or purchasing equipment. The only exception to this rule is for individuals who already operated a sideline business before they became unemployed. A sideline business is one that was not their primary source of income. Individuals who operated a sideline business while they worked can continue to run the business without jeopardizing their benefits if they meet all four of the following tests: 1. Their self-employment activities were the same while they were employed; 2. While employed, their earnings from employment were more than the net profit from the sideline business; 3. Their involvement in the business — basically, hours spent on the sideline — does not substantially increase after they become unemployed; and 4. The sideline business does not make them unavailable for full time suitable work. I have not seen data on enforcement activities against individuals who run afoul of these rules, but I have recently seen an uptick in the number of calls I get from individuals who are frantic after receiving a notice of overpayment from the state. I think it is likely that the state is getting better at tracking income to recipients of Unemployment Compensation benefits. We need to be sure our clients understand what they are allowed to do, so they can make informed choices and not fall into this trap. n Nancy C. DeMis, Esquire, is a partner in Schoenfeld, Surkin, Chupein & DeMis, PC. She focuses her practice on all aspects of employment, including advising employers and employees at the beginning and end of the employment relationship.
LAND HO! W
hen the journey had come to an end, George Pagano invited all of his local supporters and followers to attend a welcome home reception on April 23, 2016. At the event, George gave a presentation about The Cranial Quest’s adventure across the Atlantic including some never before seen footage of Caitlin and George at sea. As many of you had followed George Pagano on his venture, I thought you might be as intrigued as I am with some of the facts and stats that were gathered and presented to other followers. Allow me to first remind you of some of the details of George’s journey and purpose . . . —Tracy E. Price, Editor
The “Cranial Quest: Rowing for a Change”
A tale of a George, 4 a Purpose!
After two years of preparation, it took the two University of Nebraska-Lincoln alumni and former Husker club crew members 58 days, 5 hours and 6 minutes to row more than 3,000 miles across the Atlantic Ocean! Caitlin Miller and George Pagano were the youngest American team and youngest mixed team to complete the Talisker Whisky Atlantic Challenge this year. Miller and Pagano departed from the shores of San Sebastian de La Gomera in the Spanish Canary Islands on December 15, 2015. Despite less than favorable wind conditions which had drawn out their landfall by several days, the two arrived at the Caribbean island of Antigua on February 16, 2016. “The race was an extreme way to help raise funds for finding a cure for ALS. My grandfather died from ALS so the journey has been personal. To have the support of so many people was uplifting to me” . . . George A. Pagano, II
OTHER FACTS AND STATS How Many Strokes? Do the Math . . . 15 strokes per minute; 1,440 minutes per day; 58 days, 5 hours and 6 minutes; 3 days riding out a storm . . . Over 1,000,000 strokes! What’s in a Name? Why the boat was named “Washington’s Crossing” • George wanted to honor one of his grandfathers, the boat builders, and our nation. • George’s paternal grandfather, George Albert Pagano, for whom he is named, was named after George Washington. • The boat was built by American Craftsmen in Port Townsend, Washington – American made, American rowed. • George Washington fought British forces at Trenton after he crossed the Delaware. The crews in the Atlantic Challenge Race were primarily British. What is the significance of the number 4? All race entrants were permitted to select the number to go on their boat. To understand why George selected the number 4 requires knowledge of baseball history. The New York Yankees were the first team to put numbers on the back of players’ uniforms. The number corresponded to the batting order. The number 4 was given to the cleanup hitter.
22 | Summer 2016
This was not given to George Herman “Babe” Ruth, who batted third, but rather to Lou Gehrig who batted fourth. The “Pride of the Yankees,” who set a consecutive games record which lasted for about 60 years, died of ALS, also known as Lou Gehrig’s Disease.George’s maternal grandfather, Walter J. Benn, Sr., also died of ALS. Comparing the First Voyage of Columbus and the First Voyage of “Washington’s Crossing” • The “Santa Maria” and her sister ships left San Sebastian de la Gomera on September 6, 1492, and arrived in San Salvador, the Bahamas, 35 days later on October 12. • “Washington’s Crossing” left San Sebastian de la Gomera on December 20, 2015, and arrived at English Harbour, Antigua, 58 days later on February 16. • Both voyages made excellent use of the trade winds which blow from east to west. The sails of the “Santa Maria” were powered by the winds. The same winds created waves which “Washington’s Crossing” surfed during its trip across the Atlantic.
A Tale of Two Georges George Washington • Crossed the Delaware on December 26, 1776 during a Nor’easter • Using a shallow draft Durham boat 60 feet long x 8 feet wide • Using 18 foot oars • Left from what is now called Washington’s Crossing • Surprised British forces at Trenton George Albert Pagano, II • Crossed the Atlantic Ocean beginning on December 20, 2015 encountering a hurricane • Using a Spindrift boat 23 feet long x 6 feet wide • Using 9.9 foot oars • In a boat named “Washington’s Crossing” • Competing against many British boats
Congratulations, again, George & Caitlin. We cannot wait to hear what is next! n
REAL ESTATE PRACTICES COMMITTEE 2016 SEMINARS The Real Estate Practices Committee will be conducting breakfast seminars in 2016 at the Delaware County Bar Association building located at 335 West Front Street, Media, PA 19063. August 19, 2016 (Friday) – Seminar (2 CLE Substantive) – Co-Sponsored with the Delco Bar Municipal Solicitors Committee – “Sunoco Mariner I & II Pipelines – Impact on Property Owners; Delco Economy; Status of Court Litigation; Negotiating Easement Agreements in Lieu of Condemnation” – Speakers: [Panel to be announced]. September 23, 2016 (Friday) – Seminar (1 CLE Substantive) – “Mortgage Foreclosures and Debt Collections – Lenders’ failure to Produce Documents and Evidence at Trial” – Speakers: Senior Judge Charles B. Burr, II and Stephen Palmer, Esquire. October 21, 2016 (Friday) – Seminar (2 CLE Substantive) – Co-Sponsored with the Delco Bar Municipal Solicitors Committee – “Municipality’s Obligation of ‘Good Faith Dealing’ in Processing Subdivision and Land Development Application”– Speakers: [To be announced]. November 18, 2016 (Friday) – Seminar (1 CLE Substantive) – “Annual Survey of General Real Estate Law” – Speaker: Louis M. Kodumal, Esquire. December 16, 2016 (Friday) – Seminar (1 CLE Substantive) – “Annual Survey of Land Use and Zoning Law” – Speaker: Vincent B. Mancini, Esquire. A $15.00 charge will be assessed for breakfast at the Delaware County Bar Association building. This will be catered by Mrs. Marty’s Deli and will be served between 8:15 a.m. and 8:45 a.m. Seminars will commence promptly at 9:00 a.m. A $15.00 charge will be assessed for all persons attending the breakfast seminars whether or not breakfast is ordered and whether or not CLE credits are requested. Delco Bar Members will be charged $35.00 for the initial CLE credit and $30.00 for each additional credit, if any. Non-members will be charged $40.00 for the first CLE credit and $35.00 for each additional credit, if any. All fees may be paid at the door. You must contact Vincent B. Mancini, Esquire, Chairman, at (610) 5668064 or email his legal assistant, Debbie, at email@example.com to establish an accurate count for breakfast and seminar seating. n VINCENT B. MANCINI, ESQUIRE Chairman
KENNETH P. BARROW, JR., REALTOR Offering services in commercial sales, leasing, management, development, land searches; appraisals for condemnations, tax assessment appeals, change of use, subdivision www.kpbrealtor.com and zoning.
firstname.lastname@example.org 610.447.8816 Summer 2016
Ladies, Are We Retirement Ready? By Glen Reyburn, ChFC®, AEP® Vice President, Private Banking WSFS Bank- We Stand For Service® email@example.com
Pictured (L to R): William A. Pietrangelo, Esq., Glen Reyburn, WSFS Bank; and Donald M. Grimes, Esq. President’s Dinner & Awards Presentation 44th Annual Bench Bar Conference Annapolis, Maryland
s women we exercise, eat a healthy diet, watch our weight and dutifully schedule our routine medical check-ups. And our efforts are paying off. We could easily live to be 90 or even 100. But can we afford to live that long? Less than 45 percent of women between the ages of 21-64 participate in a retirement plan. Approximately 75 percent of Americans approaching retirement in 2010 had less than $30,000 in their retirement accounts. Ninety percent of women will be responsible for their own finances in their lifetime, so we need to save for our retirement. But we face special challenges — we still earn 19 percent less than men and many of us are out of the workforce for an average of 12 years to care for children and/or aging parents. We also deal with societal and self-inflicted pressures of looking good. 4 in 5 women wear make-up and shop for cosmetics on average five times a year. Each shopping trip averages $43 or $216 per year. The average woman spends $15,000 in her lifetime on make-up. Is your spending average or above average? I am not saying we should not wear make-up or treat ourselves to manicures or pedicures but do you realize that if you put the amount of a pedicure ($50.00) into a retirement savings account every month for ten years you could save over $8,000? If you do not have a retirement plan with your employer, make sure you contribute to an IRA. If you are over 50 there is a special catch-up provision and you can contribute an additional $1,000 per year to the $5,500 allowable contribution. If your employer does offer a 401(k), 403(b) or 457 plan, make sure that you optimize your tax deferred contribution. If you cannot save the maximum ($18,000 per year) try increasing the amount you save each year. Many employers offer a match, so at the very least; save the amount your employer will match. Remember your contributions are pre-tax, so the amount you save comes out of your salary before you pay tax on it. This reduces your taxable income therefore reducing the tax you owe. If you do have a retirement plan, review it regularly with your advisor. Make sure you understand your investments and how they help you achieve your goals. If you do not have an advisor, consider hiring one. An advisor can help you create a plan, answer those questions that keep you up at night and get you on track to meet your objectives. Perhaps the next time you look into the mirror to apply your make-up, you will also think about saving for your retirement. n
Perhaps the next time you look into the mirror to apply your makeup, you will also think about saving for your retirement. 24 | Summer 2016
A LAWSUIT IS NOT ALWAYS THE ANSWER Alternative Dispute Resolution
THE OFFICIAL PUBL
ICATION OF THE
DELAWARE COUN TY BAR
In M e m or ia m
Clarence D. Bell, Jr. Angelo A. DiPasq ua Bruce A. Irvine Joseph W. Kauffm Rosemary C. Mc an Muni George S. Saulni gal er
W hen a gre ma n dies, for years t he leaves behindathim he light , lies on t he pat hs of men… - HENRY WA D S W O
R T H LO N G F E L LO
Strategies for Making Your New Year’s Resolutions
A GREAT DECISION for your marketing plan... Advertise in DELCO re:View, Pictured (L to R): Gerald C. Montella, Esq.; John Churchman Smith, Esq.; Daniel S. Doyle, Esq.; Scott D. Bonebrake, Esq.; George P. Noel, Esq.; Stephanie H. Klein, Esq.; Andrew J. D’Amico, Esq., Chairman, ADR Committee of the DCBA. One of our greatest Presidents engaged in Alternative Dispute Resolution (ADR) well before it became popular in this century: “Discourage litigation. Persuade your neighbors to compromise whenever they can. As a peacemaker, the lawyer has superior opportunity of being a good man. There will still be business enough.” — Abraham Lincoln “For over 15 years, I have had the pleasure and privilege of chairing the Alternative Dispute Resolution (ADR) Committee of the Delaware County Bar Association. ADR is considered by many legal scholars to be an excellent option to lengthy and costly litigation.” Andrew J. D’Amico, Esq., Chairman, ADR Committee of the DCBA Many thanks to the Voluntary Settlement Program Masters for their hard work and dedication and CONGRATULATIONS on the success of this fine program!
Voluntary Settlement Program Masters – 2016:
Frank W. Baer, Esq.; Francis E. Baldo, Jr., Esq.; D. Scott Bonebrake, Esq.; James J. Byrne, Jr., Esq.; Sheryl L. Brown, Esq.; Andrew J. D’Amico, Esq.; Daniel S. Doyle, Esq.; Stephen A. Durham, Esq.; Raymond J. Falzone, Jr., Esq.; Ronald E. Freemas, Esq.; Hugh J. Gillespie, Esq.; Albert M. Greto, Esq.; Donald M. Grimes, Esq.; John D. Kearney, Esq.; Stephanie H. Klein, Esq.; Joseph A. Malley, III, Esq.; Thomas M. McGraw, Esq.; Cynthia A. McNicholas, Esq.; Donna M. Modestine, Esq.; Gerald C. Montella, Esq.; George P. Noel, Esq.; George G. Rassias, Esq.; J. Michael Sheridan, Esq.; Daniel J. Sherry, Esq.; John Churchman Smith, Esq.; Walter J. Timby, III, Esq.; Michael F. Wenke, Esq.; Frank J. Wesner, Jr., Esq. n
the Official Publication of the Delaware County Bar Association!
Reserve your space today… Karen@Hoffpubs.com
w w w.HOFFPUBS .com Summer 2016
April Showers Bring May Flowers... A Blooming Close to the Compliance Period! to DCBA members. ADP Consultants provided education/ updates on the impact of the Affordable Care Act to small and mid-sized businesses and what to expect in the coming months and years. They also provided insight into the PEO HR business model. This is a rapidly growing platform in the PA market that involves a shift in general employer liability and plugging into a large group for healthcare and workers comp insurance premiums.
Pictured (L to R): William L. Baldwin, DCBA Executive Director; Honorable John P. Capuzzi; President Judge Chad F. Kenney; and the Honorable Barry C. Dozor. PRESIDENT JUDGE’S CLE LUNCHEON SERIES: “UPDATE ON CHANGES TO THE LOCAL RULES: LIMITED ENTRIES OF APPEARANCE FOR PRO BONO ATTORNEYS, OTHER SIGNIFICANT RULES UPDATES, AND CIVILITY” Offered 1.0 Ethics Law CLE Credit Hour. The Honorable John P. Capuzzi led a discussion about the ongoing work of the Court to update the local Civil, Criminal, Family and Orphans’ Court Rules. In particular, there are pending changes to the rules regarding limited entries of appearance for attorneys who are volunteering to do pro bono service in custody cases. The seminar also addressed court decorum and civility. Delaware County Bar Association & ADP CLE Seminar “AFFORDABLE CARE ACT REFORM” offered 1.0 Substantive Law CLE Credit Hour, free of cost
26 | Summer 2016
Back by Popular Demand… 4th ANNUAL “HOW TO DEFEND A SEXUAL ASSAULT CASE” offered 5 Substantive and 1 Ethics credits. Presenter: Andrew J. Edelberg of the Law Offices of Aivazoglou & Mikropoulos L.L.C. Topics of discussion: Bail; Law enforcement analysis; Evidence; Assault Classification; Rape kits; Expert Witness Practice; Discovery Practice; Motion Practice; Megan’s Law; Video Evidence; and Sexual Assault Nurse Examiners. The discussion also included the largest child abuse and sexual assault case ever prosecuted in the United States history, California v. McMartin. BIGGEST MISTAKES MADE BY LANDLORDS & TENANTS offered 1.5 Substantive Law CLE Credit Hours, free of cost to the public & Pro Bono Panel Volunteers. Members of the community and attorneys were invited to attend a free seminar on Landlord-Tenant Law sponsored by the District Justice Committee and the Pro Bono Committee of the Delaware County Bar Association. The seminar was held at Chester City Hall, 1 E. 4th Street, in Chester, PA. KNOW YOUR RIGHTS!
Landlords and tenants frequently make mistakes before they go to court which impact their ability to prosecute their claims. Experienced attorneys that served on the panel identified these mistakes, explained the law and explained how landlords and tenants may protect their rights. The following areas were addressed where most common mistakes occur: Security deposits; Notice to quit; Warranty of habitability; Failure to keep records of rent payments; Failure to take photos of rental premises; Landlord-tenant procedure; Failure to read the lease. The seminar format included short presentations and an invitation for questions from the audience. Speakers experienced in the area of landlord-tenant law included Christina Drzal, Esq., of Legal Aid of Southeastern Pennsylvania; Lee A. Stivale, Esq.; Donald J. Weiss, Esq.; and Magisterial District Judges, Judge Wilden Davis, Judge Charles Nistico, Esq., and Judge Spencer Seaton. Judge Deborah A. Krull, Esq., served as moderator. Delaware County Bar Association & R&S Design CLE Seminar “THE BATTLE OF THE PROS – MICROSOFT SURFACE VS. APPLE iPAD” offered 1.0 Substantive Law CLE Credit Hour at no cost for DCBA members. Presenter: Robert Strain of R & S Design. Microsoft and Apple are legendary tech giants. There has been a rivalry between them over the years. Both companies have their loyal and even fanatical fans. Microsoft has primarily been a software company. Apple has primarily been a hardware company. In our showdown, we have the fist battle where each company is fielding a hardware/ software product going head to head with one another. You are the purse in this fight! Delaware County Bar Association CLE Seminar “HANDLING A DRIVER LICENSE SUSPENSION CASE FROM BEGINNING TO END” offered 4.0 CLE Credit Hours (3 Substantive, 1 Ethics). Speakers: Marc A. Werlinsky, Esq., Charles G. Nistico, Esq., and Timothy P. Wile, Esq. From the moment you meet your client through concluding the matter, this program, taught by three of the most experienced driver license suspension practitioners in Pennsylvania, took attendees step-by-step through a license suspension case, including civil trials and administrative hearings. Highlights included: Assessing a license suspension case; Choosing and preparing for the proper course of action; Representing the client in the most effective way; The differences between litigating a refusal and a records case; Postlitigation considerations; Appeals of trial court or administrative orders; and practical handouts to assist in handling license suspension cases.
DCBA & TD Bank CLE Seminar “Buying Tax Sales, Foreclosures, REO’s, Short Sales, and dealing with Loan Modifications & Deeds in Lieu” offered 2.0 Hours of CLE Credits — 1.0 Substantive Law &1.0 Ethics and 2.0 Hours of CPE CPA Credits — 1.0 Tax & 1.0 Ethics, at no cost to DCBA members, courtesy of TD Bank. Discussions included: purchasing tax sales and attacking their validity; buying foreclosure sales and what to do in advance of the sale; the advantages, disadvantages and pitfalls of tax and foreclosure sales; loan modifications, deeds in lieu and short sales; and an open question and answer period. Presenters: Donald J. Weiss, Esquire, CPA, and Marc A. Zaid, Esquire. Pictured (L to R): “The Donald” J. Weiss, Esq.; Joseph P. O’Brien, Esq.; Richard M. Heller, Esq.; and Marc A. Zaid, Esq. Delaware County Bar Association CLE Seminar “RECENT CHANGES TO THE IOLTA RULES” offered 1.0 Ethics CLE Credit Hour. Presenter: Ellen Freedman, PBA Law Practice Management Coordinator. One of the most common reasons for the imposition of serious discipline against a lawyer is the lawyer’s failure to handle fiduciary funds properly. Recent changes in the law, including mandatory overdraft notification, direct notification to clients of insurance payments, and mandatory IOLTA requirements, indicate the wide range of concern within the courts, the legislature, and the public as to the importance of proper handling of fiduciary funds. This course updated attendees on requirements and best practices. PBA Law Practice Management The Law Practice Management (LPM) area of the Pennsylvania Bar Association Web site http://www.pabar.org/public/lpm/ lpm.asp includes information to assist you in a number of areas including: starting up a practice to closing and/or selling a practice and all the challenges in between, including those involving human resources, financial management, technology, marketing, records management and a myriad of others. If you would like additional assistance on any business management challenge, please contact PBA LPM Coordinator Ellen Freedman, CLM, at (800) 932-0311, Ext. 2228. n Summer 2016
“WHAT OUR READERS ARE SAYING” E M A I L T R A C Y @ D E LC O B A R . C O M
In response to article: Memorial Resolution Judge John Aloysius Reilly “Send for Reilly” Winter, 2016; Delco re:View. Edward J. Weiss, Esq., writes in “What Our Readers Are Saying” Spring, 2016; Delco re:View. 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 others 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...
appreciated the memories it evoked and it is great that he is here to see it. The Honorable George A. Pagano writes: Congratulations on a very well written tribute to Judge McEwen. The Delco View is a wonderful magazine. In response to article: “What’s Trending . . . Polar Bears – Take the Plunge, Into Life That Is! A Human Interest Story, Spring, 2016; Delco re:View. The Honorable John P. Capuzzi, Sr., writes: Wonderful article about Frank Urso. Like most of us who grew up in Yeadon, we learned the virtues of respect for others, hard work, and love of family and friends. Frank has carried this tradition to the nth degree. P.S. Big Frank was a character himself with a loping gait and a huge smile and a story to tell. Honorable John P. Capuzzi, Sr. In response to article: “The Justinian Society of Delaware County Annual Dinner Celebration in Everybody’s Hometown!” Spring, 2016; Delco re:View – Correction: To be accurate in reciting Justinian history, the first & original “Justinian” created by Elizabeth C. Price was first presented by Carmen P. Belefonte, Esq., to Senator (now Judge) Dominic F. Pileggi. The late Francis G. Pileggi, Esq., founded and served as First Chancellor, Justinian Society.
Inquiring Minds Want To Know . . . Where did they go and how are they doing? For as many years that I have worked for the DCBA, and it has been 21, I In response to article: “What Our Readers Are Saying” have always been able to gaze across Spring, 2016; Delco re:View, The Honorable Stephen J. the street and admire the ever expanding McEwen, Jr. responds to comment (above) of Edward J. black letters of those names which Weiss, Esq.: Dear Ed, I salute and thank you for your letter to adorned the building of Eckell, Sparks, the Delco Review about John Reilly. I never knew anyone who Levy, Auerbach, Monte, Sloane, was so kind and good and thoughtful, so much that he was an Matthews & Auslander, P.C. With the inspiration. Moreover, as you made clear, he was a splendid ever-changing face of Media, I miss prosecutor in every which way during his 20 years of devoted service in the Office of the District Attorney of Delaware County. these names I have heard so much of over the years, attorneys and friends who have tirelessly served our Association and our community. Strength, value of service In response to article: “So Long Babe…” Winter, 2016; and dedication have been the foundation of this successful, fullDelco re:View. John A. Prodoehl, Jr., Esq., DCBA Board of Directors, inquired: : You did not mention the Colony Club of service law firm established in 1964. the Towne House in your article “So Long Babe…” The Colony “Eckell Sparks” is the largest law firm established in Delaware County and also one of the largest suburban firms serving the Club was a place where much of the Delaware County Bar entire five-county Philadelphia metropolitan area. Association’s business was conducted, so many decisions were . made right there in that room! The firm has since relocated to the address of Mr. Prodoehl, please read the Daily Times article supplied 300 West State St., Suite 300, Media, PA 19063. by Tim Dignazio, included in this issue of the Delco re:View, So tell us, how are you doing? Summer, 2016. It is entitled “No singing allowed” . . . Judge enjoys role with luncheon crowd. Judge John Diggins that is! Thank you, the readership, for your support Thank you, those who have contributed articles In response to article: “A Heart To Care and A Spirit To Thank you, Legal Audio Visual Department, in particular, Dare” Time Shared with Honorable Stephen J. McEwen, Donna Reason and Alex Pillegi. Much of what many of us do Jr., Spring, 2016; Delco re:View. The Honorable John P. would not be possible without your time and talent. Capuzzi, Sr., writes: : Great article on Judge McEwen. Really
28 | Summer 2016
‘No singing allowed’
Judge enjoys role with luncheon crowd Delaware County Daily Times, 1975, Joseph Sullivan
elaware County President Judge John V. Diggins enjoys more than ever “holding court” in Babe D’Ignazio’s Towne House restaurant at 117 South Ave., Media. Lunching at the big table beneath his colored portrait in the Jamestowne Room, Judge Diggins discusses law, history, boating and innumerable other topics. His luncheon colleagues and others who’ve heard his scholarly dissertations in courtrooms for years agree he is supremely knowledgeable in many disciplines. Judge Diggins, a Chester native, is president of the Colony Club – a casual grouping of business and professional people who dine and chat in the Jamestowne Room five days a week “in quietness and dignity.” The Colony Club, which Judge Diggins founded 15 years ago after striking up a pact with D’Ignazio, has no charter, no bylaws and no meetings. “And we espouse no causes and tolerate no singing at lunch,” the judge smiles. “Also, we don’t have any ladies’ nights.” Judge Diggins, whose Towne House portrait was painted by Stafford Parker, of Rose Valley, from a photo that appeared in the Daily Times, launched his club in Media 20 years ago when he ascended to the bench. Club members lunched for five years in a State Street restaurant. When the restaurant closed, Judge Diggins steered them to the Towne House. Before donning his judicial robes, the judge presided at the Old Chester Club, 5th and Welsh Sts. The Colony Club, which now has 350 members, charges a $15 initiation fee. In 15 years its members have been assessed $10 only three times to pay for special services. The judge admits that years ago his proposition to admit women to the club was struck down by male members.
However, he continued pressing his case and 5 years ago business and women were admitted. Several lady lawyers and a few other women now belong to the Colony Club. The judge has received applications from other women, but they’ve been turned down because they don’t meet “our business and professional qualifications.” “I’m not a women’s lib advocate,” Judge Diggins confesses, “but I do favor equal privileges for women. “Equal rights bring equal responsibilities and obligations. Our club hasn’t reached the point where all women can qualify for membership across the wide spectrum.” In the equal privileges category, the judge explains, women must demonstrate a variety of assets, primarily including “acceptable behavior.” “I don’t believe women should exercise all the rights men exercise,” Judge Diggins philosophizes. “It doesn’t benefit women to exercise all the rights men exercise over the whole spectrum. “I’m not saying anything more on this subject,” he concluded, clearing his throat. “I’ve said enough . . . maybe too much!” Editor’s Note: If memory serves me correctly, I believe Elizabeth C. Price may have been one of the first, if not the first, woman member of the Colony Club in the Towne House, Delaware County, permitted to dine and conduct business during her early years in the capacity of Executive Director, Delaware County Bar Association. John McPherson V. Diggins, the former president judge of Delaware County Court, died at the age of 96 in November 1993. Appointed to the Delaware County bench in 1953, Judge Diggins was known for his passionate study of the law and for the intelligence and decorum he brought to his courtroom. He was respected by attorneys and fellow judges alike — and regarded by almost everyone as a master storyteller. Born in Chester in 1897, Judge Diggins graduated from Chester High School and the George Washington University Law School, class of 1925, with the degree of Doctor of Jurisprudence. He was granted an Honorary Degree of Doctor of Laws by the University in 1975. He served as a rifle instructor in the Marines during World War
I and practiced law in Chester from 1926 to 1953. From 1939 to 1943, he was special counsel to the Justice Department’s banking division, and he also served as assistant solicitor to Pennsylvania, helping rewrite the state’s Liquor Control Act. He practiced law in Pennsylvania from 1926 until in 1954, he was appointed a Judge in the Court of Common Pleas of Delaware County. In 1956, he was elected to a 10-year term by both major political parties and in 1966, was re-elected to a second ten-year term by both parties. On December 1, 1970, Judge Diggins, having been Administrative Judge, was elected as President Judge. He served in this capacity until January, 1976, when he became a senior Judge. In December 1983, Judge Diggins was honored by his colleagues and the Delaware County Council by the naming of a refurbished Court Room as the Judge John V. Diggins Ceremonial Court Room. Judge Diggins’ interests were many. An avid historian, he penned the 1989 anecdote-laden, History of the Delaware County Bar Association*. He also authored histories of our Bar in 1963 and 1972, and a history of the Judiciary from 1876 to 1951. Judge Diggins was also an enthusiastic sportsman who hunted, fished, and boated, piloting his sailboat along the inland waterways between New Jersey and Florida. * The History and Chronicles of the Delaware County Bar Association, 1989* Dedicated to Elizabeth C. Price, who served as Executive Director of the Delaware County Bar Association from 1974 to her passing in 2010. As dedicated by Author, Honorable John V. Diggins, for “Her loyalty to the Bar has been outstanding, and her untiring efforts have contributed greatly to this History.” n Alexander A. DiSanti, as Editor-in-Chief Guy G. deFuria, Editor-in-Chief Emeritus Summer 2016
Wine & Dine BIG
Reds 30 | Summer 2016
he epitome of Big Bold Reds is thought by many to be the Caymus Wines made by the Wagner Family in the Napa Valley. Chuck Wagner and his family make some of the most famous full bodied red wines. Caymus Cabernet Sauvignon (now in PA #569129 $83.69) is a delicious but somewhat expensive wine. Caymus Cabernet Sauvignon Special Selection is their premium wine, selling for $172.79 in Pennsylvania (#568176). To drink this wine is a privilege. Fans of this luscious wine were very pleased in 2000 when a young winemaker, David Finney, launched his flagship wine “The Prisoner” at a substantially lower price point, (now in PA #42960 $44.99). This combination of Zinfandel, Petite Sirah, Petit Verdot and Cabernet Franc was an immediate success and gained a large cult like following. David Finney, working as a winemaker for such notable wineries as Robert Mondavi and Whitehall Lane, started his company as a part time venture while he was still working for other wineries. He named his company “Orin Swift Wines” Orin being his father’s middle name and Swift being his Mother’s maiden name. I first tried the 2008 version of this wine about three years ago while having dinner in New Orleans. I immediately appreciated the heavy mouth feel, fruit forward and dark berry aspects of the wine with the cassis and toasted oak (vanilla) influence…delicious. It was no surprise to the followers of this cult wine when David Phinney went from producing 385 cases of wine in the early 2000’s to 75,000 cases in 2010 to keep up with the demand. That year he sold the company to Huneeus Vintners for $40 million dollars. In 2011 another winemaker, Adam Mettler, a fifth generation grape grower and native of Lodi, California had it in his mind to create a big bold wine to compete with The Prisoner, but at a more affordable price. He teamed up with another Lodi resident Mike Stroh and they started Freelance wines with a goal of shaking up the wine industry. They made their flagship wine “Coup de Grace” (now in PA #49631 $$29.99). This wine was introduced in 2013 and much like the Prisoner, boasts of dark fruit, oak and full body. I first tried this wine several weeks ago, and I have watched as it has disappeared from the shelves across Pennsylvania. Last I looked there were twelve bottles left in the Springfield PLCB store. If you are not fortunate enough to put your hands on a Coup de Grace, try the Mettler Cabernet Sauvignon (now in PA #555073 $24.99) or the luscious Mettler Petite Sirah (now in PA #555073 $24.99 special order), these are great wines.
Remember David Phinney’s Orin Swift who sold their Prisoner Wine to Huneeus Vintners for $40 million? In early 2016 Huneeus sold The Prisoner wines to Constellation Brands for a whopping $285 million. That brings us back to the Wagner Family of Caymus wine. Chuck‘s son Joe Wagner created his own wine several years ago. His wine Meiomi is a Pinot Noir, but it is uncharacteristically big and bold. This past year Joe Wagner sold Meiomi to Constellation Brands for $315 million. Meiomi (now in PA #4364 $19.99) is no Prisoner or Coup de Grace, but it is good. So what would the Caymus brand be worth, maybe in excess of $1 billion, maybe more? That’s big and bold!
Wine & Dine Alternates:
MEET THE BENCH BAR CONFERENCE SPONSORS
reparing 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: n
An affordable alternative to the previous full bodied wines… Freakshow Cabernet Sauvignon from Michael David Winery. “Michael” and “David” are Michael and David Phillips, brothers whose family has farmed fruits and vegetables in the Lodi region since the 1850s. (PA #8250 $21.99)
E. Wallace Chadwick Memorial Fund George B. Lindsay Foundation
“A dense, rich, full-bodied, meaty, almost Mediterranean style of wine...possesses loads of black and red currants, notes of roasted Provençal herbs, licorice and loamy soil undertones in a dense, full-bodied, supple and silky style.” —Robert Parker
And for a really affordable alternative . . .
DCBA Family Law Section
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50+ for the 60+
June. 50+ Attendees gathered at the Delaware County Bar Association’s Elder Law Committee CLE Round Table Coffee Hour with President Judge Kenney. The seminar, a MUST for any lawyer that assists those 60+ with financing longterm care, featured guest presenter David Gates, Director of Policy and Senior Attorney in the Harrisburg Office for the Pennsylvania Health Law Project.
You may not know what MLTSS stands for YET, but rest assured there are huge changes coming to Medicaid and longterm care for PA residents. “Alert: Managed Care for Long-Term Care Services is Coming to Pennsylvania” Offered: 1.0 Substantive Law CLE Credit Hour Managed care begins with the introduction of a Managed Care Organization (MCO) into our long-term care delivery system. The seminar provided attendees with valuable information regarding: what role the MCO will play in terms of intake, assessment of level of care and case management for accessing Medicaid; what procedural steps will be changed to apply for Medicaid and whether these steps create any barriers to accessing the services; how COSA’s role (as our AAA) will change once we are under the managed care system; and with regards to nursing home Medicaid, how the new managed care system will work. All these issues, as well as others, fall under the new system of Managed Care for LongTerm Care Services (MLTSS) and as of April 1st of this year, there was already a significant change. Panel: President Judge Chad F. Kenney, Linda M. Anderson, Esquire, & Elizabeth T. Stefanide, Esquire Organizers: Linda M. Anderson, CELA, & Beth Stefanide, Esquire BIO- David Gates, Esq. PA Health Law Project David Gates, Esq., has been representing families and adult consumers in efforts to access services and supports under Medical Assistance and other forms of health insurance and public funding since 1976. He previously worked for the Bucks County Welfare Rights Organization, Bucks County Legal Aid, State Sen.
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Roxanne Jones, and the National Health Law Program in Washington, DC. Mr. Gates is currently a Senior Attorney with the Pennsylvania Health Law Project where he has worked since 1991. He has represented children and adults with disabilities in appeals before the Department of Public Welfare/Department of Human Services, the PA Insurance Department, Common Pleas Court, Commonwealth Court, Superior Court, the Federal District Courts for the Eastern & Middle Districts, the Third Circuit Court of Appeals and the PA Supreme Court. Membership, Affiliations, Training: He was a member of the Dept. of Public Welfare’s Autism Task Force, DPW’s Bureau of Autism Services’ Advisory Board, the Autism Waiver External Advisory Committee as well as the DPW’s Children’s Behavioral Health Task Force, DPW’s Home and Community Based Services Stakeholder Planning Team (“SPT”), DPW’s Advisory Committee on Employment of Persons with Disabilities and the Housing Alternatives Workgroup of the Intergovernmental Council on Long Term Care. He is currently a member of the ISAC Autism Subcommitee and the Autism Insurance Advisory Committee. He testified before the PA Senate Banking and Insurance Committee on HB 1150 which became the Autism Insurance Law and twice before the PA House Human Services Committee in 2013. After the enactment of the Autism Insurance Law, he served as a consultant to DPW on the implementation of the Act as well as serving on the DPW External Workgroup. Since 2009, Mr. Gates has done 100 trainings throughout the state, training 4500 persons, and many more before 2009. Those trainings have included certified Continuing Legal Education courses presented by the PA Bar Institute on autism, managed care and behavioral health services. He is on the Board of Autism Living and Working, a non-profit serving adults on the autism spectrum. Recognition & Awards: David Gates, Esquire, won the Rose Rosa Advocacy Award from the Mont-
gomery Co. ARC in 1996; the Striving for Excellence Award from PA Legal Services in 1999; the PA Initiative on Assistive Technology’s annual Advocacy Award in 1999 and the Philadelphia Alliance of MH/MR Provider’s annual award, also in 1999. In 2009, he received an Excellence Award from PA Legal Aid Network for his work with Homeworks, an independent living homeownership project for three individuals with disabilities. In 2016 he won an advocacy award from the ABA in PA Initiative. Our thanks to Mr. Gates for the opportunity to have him present before the Delaware County Bar Association; his many achievements are to be admired. Register at www.delcobar.org for future Round Table Coffee Hour/CLE with President Judge Kenney & The Delaware County Bar Association’s Elder Law Committee September 14, 2016 – CLE Roundtable – Coffee Hour with Judge Kenney Topic: “Elder Law Work & Banks: Why can’t we all get along?” Presenter: President Judge Chad F. Kenney, Brian Laniak & Hollie McDonald of M&T Bank, facilitated by Linda Anderson, Esquire. Time 7:45 – 8:00 Registration; 8:00 – 9:00 Seminar Cost: $5 to $35 (See registration form on-line or in your Legal Journal for details) December 14, 2016 – CLE Roundtable – Coffee Hour with Judge Kenney Topic: Elder Abuse Task Force Update Presenter: President Judge Chad F. Kenney and other invited guests, facilitated by Beth Stefanide, Esquire. Time: 7:45 – 8:00 Registration; 8:00 – 9:00 Seminar Cost: $5 to $35 (See registration form on-line or in your Legal Journal for details) n
Aloha & Mahalo AJ Tinari & The Garnet Valley Marching Band Photos by Kathleen A. Piperno, Esquire
On March 17th at 3:30 a.m., members of The Garnet Valley Marching Band, along with a skeleton crew of parents and teachers, numbering 170 in total, headed to the airport for a journey to Waikiki, Hawaii. AJ Tinari (pictured), a Garnet Valley Percussion Member, permitted his parents (Kathleen A. Piperno, Esq., and Joe Tinari) to tag along, as long as they stayed at a separate hotel. The Band’s goal was to have the privilege of learning from the best, The United States Marine Corps Forces, Pacific Band. Only GVHS had clearance to enter the military base for an all-day clinic. At 5:00 p.m., they performed at the Ala Moana Center, where they put their new skills to the test. The twelve-hour flight was well worth it. The band started the trip with snorkeling then took a tour of Pearl Harbor, climbed Diamond Head Volcano, and enjoyed their first luau on the beach.
This was a trip of a lifetime for all 170 travelers. It was the chance for older students to mentor younger students. It was the chance for parents to take a break from parenting while enjoying the talent of each child. It was a chance for all to share pictures, tell stories, learn valuable lessons and to enjoy paradise. Aloha & Mahalo [Pronounced: ah loh’ hah & mah hah’ loh] . . . Two of the most important words in the Hawaiian language representing paramount Hawaiian values. In Hawaiian thinking, words have mana [pronounced: mah’ nah], meaning spiritual or divine power], and aloha and mahalo are among the most sacred and powerful. Say them often as they can be life-transforming and enhancing. Be careful to use them ONLY if you truly feel mahalo or aloha within. Do not exploit these words for personal gain, and neither cheapen, nor trivialize their use by verbalizing them carelessly or without sincerity. Aloha and mahalo are ineffable, indescribable, and undefinable with words alone; to be understood, they must be experienced. Deeper meaning and sacredness is hinted at by the root words of these words. On a spiritual level, aloha is an invocation of the Divine and mahalo is a Divine blessing. Both are acknowledgments of the Divinity that dwells within and without.
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SHOW YOUR STRIPES . . . A BENEFIT FOR OUR HEROES! May. The Family Law Section of the Delaware County Bar Association sponsored “Show Your Stripes,” a BBQ dinner and live and silent auctions, to benefit Operation First Response, Inc., Serving Wounded Heroes and their Families. We the People, as the beneficiaries of their sacrifices, will never be able to repay those Warriors who have been wounded in defense of our country, but we can honor them by striving every day to provide the support these Heroes need to return to duty or transition as a proud veteran into our local communities. Thank you for all who attended “Show Your Stripes” and for donations to the cause; the FLS event raised in excess of $6,000! Thank you to Amanda Konyk, Esq., and Andrew Edelberg, Esq., for your most generous donations which helped to make this event a great success. While it only takes a moment to say thank you, your thoughtfulness will be remembered forever. A special thank you to those who made the evening possible, including Jean Moskow, Esq., FLS President; Kathy Piperno, Esq., for all that she does each year to promote “giving back” and to her husband, Joe Tinari, “everybody’s favorite bartender.” Thanks to Colleen Neary, Esq., for her video presentation of our members who have served in the military. It was a special treat to have the opportunity to see many of them in uniform. Thank you to President Judge Chad F. Kenney’s son, Joe Kenney, for the gift of his music. Joe is a very talented pianist. Lewis B. Beatty, Jr., Esquire, thank you for making a special appearance at the event and for all of your service over the years. Mr. Beatty has practiced law for over 60 years; he served as the Delaware County Bar Association’s 39th President in 1974, and served our country in the United States Navy during World War II. “V” is for Veteran . . . and Van Rensler, Van Wyk, and Varga! Thank you for your service to our country and for attending the “Show Your Stripes” event. Barry Van Rensler, Esq., enlisted in the U.S. Navy on October 17, 1966, and he attended school for Sonar Technician - Submarine and Quartermaster. His enlisted service ended as QM3. He attended Officer Candidate School, where he served as a Line Officer, The Naval War College, Newport, RI, and Naval Justice School. He retired as Commander in Judge Advocate General Corp. after 7 years active service and 21 years as a reservist. Professional: Barry Van Rensler, Esq., has 40 years of broad and varied experience in real estate, business, wills and estates, and general litigation in federal courts, state courts, and administrative
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tribunals. He is a member of the Bar in the Commonwealth of Pennsylvania, Supreme Court of the United States Bar, and U.S. Court of Military Appeals Bar, Supreme Court of Pennsylvania Bar, U.S. District Court for the Eastern District of Pennsylvania. Mr. Van Rensler is also a part of several committees and associations including: Legal Services for Exceptional Children Committee; Charitable Organizations Committee; Unauthorized Practice of Law Committee; Senior Lawyer Committee; Children’s Rights Committee; Delaware County Bar Association Board of Directors; Chairman of Municipal Solicitors – Boroughs and Township Committee; Delaware County Estate Planning Council; Pennsylvania School Boards Association; Association of Trial Lawyers of America; Solicitors’ Association of PSBA; National School Board Association; Pennsylvania Borough of Solicitors Association; and the Pennsylvania Trial Lawyers’ Association. Abbey E. Varga, Esq., enlisted in the Marine Corps in 2006 and began her training at Parris Island in South Carolina. After she graduated, she spent one month at Camp Lejeune for Combat Training and then over 3 months training at Fort Leonard Wood in Missouri for her Military Occupational Specialty (MOS). Her MOS was a 3531 and 3533, which was an LVS Operator under Motor Transportation. Abbey’s enlistment contract was for 8 years total (6 years active and 2 years inactive). Her first three years were spent in Delaware with 6th ESB, Bulk Fuel Company B and her next three years were spent on Miramar in San Diego, CA with 4th Medical Battalion. Her rank after 6 years of active service on February 28, 2014, was Corporal. Professional: Abbey E. Varga, Esq., has been with Varga Law Offices since June 2011. She limits her practice to Delaware County which allows her the unique ability to be completely familiar with the local rules, the Delaware County Court system and staff and the other family law practitioners in this area. Abbey is an active participant in the Delaware County Bar Association’s Family Law Section and Young Lawyers’ Section. As a Corporal in the Marine Corps Reserve from 20062014, Abbey is particularly attuned to the unique struggles and pressures that military families face.
there but for the grace of God go I
Daniel C. VanWyk, Esq., was on active duty in the Air Force for three years in North Carolina and three years in Colorado. When he left active duty, he joined the National Guard and remained therein from 1984 to 2012, having recently retired as a Brigadier General. He remarked that he is proud of his service to his nation and feels he contributed to something much bigger than himself. His love of country is self-evident. It all started like this… May 14, 1978 Commissioned a Second Lieutenant in USAF, Stationed at Seymour Johnson AFB, NC 1979 – 1982 Officer in Charge of 335th Aircraft Maintenance Unit, Stationed at Lowry AFB, CO 1982 – 1984 Instructor Supervisor 3660th Training Group May 1, 1984 Left active duty, joined the Delaware Air National Guard stationed at New Castle County Airport Air National Guard Base, DE Activated for Desert Storm January 1991, stationed at Al Kharg Air Base Saudi Arabia Returned from Saudi Arabia May 31, 1991 Assumed command of the 166th Logistics Group at New Castle, DE (1991 – 2001) Activated for Global War on Terrorism shortly after 9/11/2001 Appointed Vice Wing Commander 166th Airlift Wing 2002, activated for Operation Enduring Freedom (stationed stateside) Appointed Network Warfare Commander for Delaware Air National Guard 2010 Retired from Air National Guard April 10, 2012 Date of Rank Second Lieutenant First Lieutenant Captain Major Lieutenant Colonel Colonel Brigadier General
May 14, 1978 October 10, 1980 October 10, 1982 March 17, 1988 March 17, 1992 June 27, 2003 April 9, 2012
Professional: Demonstrated legal expertise and business acumen with a focus on pro-actively serving the clients’ needs. Experienced attorney and management executive driven to ensuring clients’ goals and objectives are met. Military experience, retired Brigadier General from Delaware Air National Guard. Specialties: Civil Law, National Security Law, Cyber Law, Resource Protection, Strategic Planning, Human Resources, Policy Development.
The DCBA acknowledges and honors the following members (living) for exemplary citizenship and service to the United States of America for service in the United States Armed Forces: Robert P. Anderman Thomas J. Beagan, Jr. Lewis B. Beatty, Jr. Carmen P. Belefonte Clarence D. Bell, Jr. Scott S. Berger David G. Blake Bill W. Bodager William A. Bonner James C. Brennan Joseph W. Bullen, IIOI Peter F. X. Callahan Michael J. Cantwell, Jr. Rudolph A. Chillemi Michael F.X. Coll Francis P. Connors Hon. Joseph P. Cronin, Jr. Michael G. Cullen Joseph A. Damico, Jr. James E. DelBello Joseph J. DelSordo Denise M. DiCarlo Angelo A. DiPasqua Joseph M. Dougherty, II Harry F. Dunn, Jr. E. Jonathan Emerson Howard Farber James J. Feerick Francis A. Ferrara James R. Flick Gene A. Foehl James J. Freeman Thomas C. Gallagher William A. George August T. Groover Norman L. Haase John R. Hamilton, Jr. Donald E. Havens Michael J. Hawley Richard M. Heller F.D. Hennessy, Jr. John Neumann Hickey Lloyd T. Hoppe, Jr. Edmund Jones Thomas L. Kelly Charles H. Koons
Stanley R. Kotzen Donald W. Lehrkinder Robert J. Levis Arthur Levy Daniel B. Lippard John J. Maffei Matthew Markey Donald M. McCurdy Hon. Clement J. McGovern, Jr. David W. McNulty S. Stanton Miller, Jr. Richard A. Mitchell Rodger L. Mutzel Vram Nedurian, Jr. Paul D. Nelson David J. Otis Richard S. Packel Stephen H. Palmer Robert F. Pappano Michael A. Paul Mark S. Pearlstein William A. Pietrangelo Francis G. Pileggi Robert E. Porter John A. Prodoehl, Jr. Hon. James F. Proud Donald A. Purdy Joseph T.F. Quinn Yvette M. Rogers Robert T. Seywell James L. Shea Leonard A. Sloane G. Guy Smith John Churchman Smith H. E. Solum, Jr. Michael R. Sweeney H. Weston Tomlinson Roger R. Ullman Barry Van Rensler Daniel C. Van Wyk David T. Videon Frank J. Wesner, Jr. David L. White John J. White III Francis L. Zarrilli n
America’s Favorite Pastime, Baseball . . . The History, Culture & Art of the Game
Time Shared with the Honorable James P. Bradley By Tracy E. Price, Editor
Judge James P. Bradley was elected to a ten-year term on the Court of Common Pleas Bench in Delaware County, Pennsylvania in 2005 and is presently assigned to the Criminal Division. Judge Bradley was retained in 2015 to serve a second ten-year term. He graduated from LaSalle College with a Bachelor’s Degree in Liberal Arts and obtained a Law Degree from the Temple University School of Law in 1972. Judge Bradley and his wife, Elizabeth, reside in Edgmont, PA and have three children, Meg, Beth and Jim, Jr. I had the unique opportunity to speak with Judge Bradley about a favorite American pastime that has since become family tradition. The Judge and his son, James, Jr., an attorney in Philadelphia, travel the nation to “catch a game” and take in the flavor of the city. It all started about 12 years ago when James Jr. was working in the District Attorney’s Office of Delaware County and had just taken the Bar exam. He and his father decided to spend some leisurely time away together, on the road. What better time for a new pastime? In seeking a new hobby and a possible diversion from the everyday grind, they packed their bags and headed out to “catch a game” at Wrigley Field, thinking this would be a one shot deal. Off to the North Side of Chicago, Illinois, it was! If you have ever experienced Wrigley Field, you will probably want to return again one day (and they did), perhaps for no other reason than the feeling you get while entering the hallowed grounds of a venue that represents history. It is a stunning realization that things, big things, once happened there. Think about it, Babe Ruth’s “called shot” when he allegedly pointed to a bleacher location during Game 3 of the 1932 World Series, when Ruth then hit Charlie Root’s next pitch
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for a homer. Or, how about the “Homer in the Gloamin’,” one of the most famous walk-off home runs in baseball folklore, hit by Gabby Hartnett of the Chicago Cubs near the end of the 1938 Major League Baseball season. There was also the great May 2, 1917, pitching duel between Jim “Hippo” Vaughn and the Reds’ Fred Toney ... both Vaughn and Toney threw no-hitters for 9.0 innings before Cincinnati’s Jim Thorpe (of Olympic fame) drove in the only run in the 10th inning ... Toney finished with a no-hitter. It was there on Wrigley Field that Ernie Banks earned his 500th career home run on May 12, 1970, vs. Atlanta’s Pat Jarvis. Pete Rose had his 4,191st career hit which tied him with Ty Cobb for the most hits in baseball history; and again on Wrigley Field, there was Sammy Sosa’s 60th home runs in 1998, 1999 and 2001. Of course, Wrigley Field cannot be compared to modern stadiums; after all, it was built in 1914. It is the second-oldest ballpark in the majors behind Boston’s Fenway Park built in 1912. The beauty of Wrigley field is that it brings you back to your youth and for some, the cornfields of Iowa. Until you witness the awesomeness that comes with Wrigley, you would not understand. We think about big things, big things
that happened at Wrigley Stadium decades ago. But the really big thing that happened at Wrigley Field in 2012, the awesomeness that came with catching this game, was that a father and son spent time together, enjoying one of America’s favorite pastimes, and creating a memory which turned into tradition with the utterance of “Let’s do this again next year!” Preserving tradition has become a nice hobby . . . It may not have been the very next year, but in 2015, it was the Toronto, Detroit, Chicago, and Milwaukee Tour for the Judge and his son. First, they travelled to Rogers Centre, a multipurpose stadium in downtown Toronto in Ontario, Canada, home to the Toronto Blue Jays. This venue was noted for being the first stadium to have a fully retractable motorized roof, as well as a 348-room hotel attached to it, with 70 rooms overlooking the field. It is also the last North American major-league stadium built to accommodate both football and baseball. Then, on to Comerica Park, an openair ballpark located in Downtown Detroit which serves as the home of the Detroit Tigers. Comerica Park sits on the original site of the Detroit College of Law. From Detroit to Chicago and back to Wrigley Field after 11 years, Judge Bradley and son, James, travelled 6 hours by train, through towns with populations no greater than 200, towns where optimism and opportunity have been so much a part of the American spirit. To complete the 2015 tour, on to Miller Park in Milwaukee, Wisconsin, home to the Milwaukee Brewers. Miller Park, sponsored by the Miller Brewing Company, features North America’s only
fan-shaped convertible roof, which can open and close in less than 10 minutes. Large panes of glass allow natural grass to grow, augmented with heat lamp structures wheeled out across the field during the off-season.
“Yes, Let’s do this again next year!”
Plans for 2016 include Cincinnati, Pittsburgh and Cleveland, and a Reds, Pirates & Indians tour it will be! Reds . . . Located on the winding banks of the Ohio River in downtown Cincinnati, Great American Ball Park serves as the home of the Cincinnati Reds, baseball’s first professional franchise. The ballpark officially opened for the 2003 season. After the death of former pitcher and longtime broadcaster Joe Nuxhall in 2007, the address was changed to 100 Joe Nuxhall Way from 100 Main Street. A sign bearing Nuxhall’s traditional signoff phrase “rounding third and heading for home” is located on the third base side exterior of the park. The Cincinnati Reds Hall of Fame and Museum is adjacent to Great American Ball Park. The centerfield “smokestacks,” in right center field, are reminiscent of the steamboats that were common on the Ohio River in the 19th and early 20th centuries. They flash lights, emit flames and launch fireworks to incite or respond to the home team’s efforts. A 50-foot-by-20-foot Indiana limestone bas relief carving near the main entrance features a young baseball player looking up to the heroic figures of a batter, pitcher and fielder, all set against the background of many of Cincinnati’s landmarks, including the riverfront and Union Terminal. Just inside the main gates off the Crosley Terrace there are two mosaic panels measuring 16 feet wide by 10 feet high, created between 2001 and 2003. The mosaics, made of opaque glass tiles produced in Italy, depict two key eras in Reds history: “The First Nine,” the 1869 Red Stockings who were the first professional baseball team in history with a record of 57-0 in their first season; and “The Great Eight,” the famous Big Red Machine that won back-to-back World Series in 1975 and 1976. The Panoramas
of downtown Cincinnati, Mt. Adams, the Ohio River and Northern Kentucky are visible from most of the park. Pirates . . . PNC Park, home of the Pittsburgh Pirates, is considered “the perfect venue” for a baseball game, boasting scenic vistas of the downtown skyline and riverfront. It is a classicstyle ballpark, an intimate facility that embraces the progressiveness of Pittsburgh while saluting the spirit of early ballpark originals. It is the fifth home of the Pittsburgh Pirates since their inception in 1887. PNC Park is the first ballpark with a two-deck design to be built in the United States since Milwaukee’s County Stadium was completed in 1953. Because of its intimate design, the highest seat is just 88 feet from the field, giving every fan in the park an ideal sight line. ESPN. com writer Jim Caple compared the park to Frank Lloyd Wright’s Fallingwater, calling the stadium itself “perfect.” A 2010 unranked list of “America’s 7 Best Ballparks” published by ABC News noted that PNC Park “combines the best features of yesterday’s ballparks—rhythmic archways, steel trusswork and a natural grass playing field—with the latest in fan and player amenities and comfort.” Indians . . . Progressive Field is a baseball park located in downtown Cleveland, Ohio, and home field to the Cleveland Indians. The ballpark has numerous unique structural features. The field is situated on 12 acres of Kentucky Blue Grass. It is illuminated by 19 white vertical light towers which stand 200 feet above street level and 218 feet above the playing field; they are said to resemble toothbrushes. The park features distinctive dimensions; left and right field are both 325 feet from home plate, but left field has a 19-foot high wall, known as the “Little Green Monster.” The bullpens, reconfigured between the 2014 and 2015 seasons, are raised above the playing field, which allows fans to see players warming up. Unlike most ballparks, the Indians’ dugout is along the third base line and the visitors’ dugout is located along the first base line. When the ballpark was built it contained 121 luxury boxes. A remodel
and renovation between the 2014 and 2015 seasons removed six of them for a total of 115, the second most in Major League Baseball. In 2004, the thenlargest video display at a sports venue in the world was installed, measuring 36 feet high by 149 feet wide. A new scoreboard system was installed for the 2016 season. The main scoreboard above the bleachers measures 59 feet high by 221 feet wide with 13,000 square feet of screen space. In 2007, the Indians became the first American League team to install solar panels on their stadium. They also converted a picnic area behind the center field fence into “Heritage Park,” which features 27 plaques honoring the Cleveland Indians Hall of Fame and 38 bricks, representing the team’s most memorable moments. After having researched the stadiums to which Judge Bradley and his son have travelled and will visit this year, I found myself in awe of the art, depicting the nostalgia of the past, the rich history of each location, the culture of the fans and the architecture which combines the best features of yesterday’s ballparks with the latest in amenities. I am certain there are others that would like to be part of the tradition. “Judge Bradley, ‘Has anyone else attempted to accompany you and your son on these annual trips?’” “Well,” said Judge Bradley, “my wife had asked why I had not taken her anywhere and she did express an interest in travelling somewhere warm.” She had to have been thinking of an exotic beach, a Caribbean paradise perhaps? Judge Bradley complied, he took his wife somewhere warm. It was 85 degrees (in the shade) on game day, down south, at an Ole’ Miss/Auburn game. On football game days, a 10-acre space of mature oak and maple trees in the center of campus at Ole’ Miss, The Grove, turns into a “river”
continued from page 37 > of tents and one of the most raucous and distinctive tailgating parties in the country. Pregame grows grander with each passing year which can attract more than 100,000 of its most loyal supporters and curious visitors on any given weekend. In many tents, food is served on silver trays, drinks splash through fountains and chandeliers hang from the metal supports. Fur coats abound. Jackets, ties and cowboy boots are common. Prominent chefs are hired to cater meals, and chicken is a favored entree. They never lose a party at Ole’ Miss, on football game weekends, it becomes Mississippi’s No. 1 social event. Great pick Judge Bradley!
Judge Bradley’s Favorites: Favorite Team: “The Philadelphia Phillies” of course. Favorite Player: “Mike Trout of the Angels. He is the real deal, right now.” Michael Nelson “Mike” Trout, #27, an American professional baseball center fielder for the Los Angeles Angels of Anaheim of Major League Baseball. Nicknamed “The Millville Meteor,” was the American League Most Valuable Player in 2014, is a five-time All-Star, and a two-time All-Star Game MVP since becoming a regular player in 2012. He was born in 1991 in Millville, NJ. Favorite Venue: “AT&T Park in the South Beach neighborhood of San Francisco, California. The view of the bay from the stands is amazing and they are the only ball park that boasts a Farmer’s Market.” Since 2000, AT&T Park has served as the home of the San Francisco Giants. On the facing of the upper deck along the left field line are the retired numbers of Bill Terry, Mel Ott, Carl Hubbell, Monte Irvin, Willie Mays, Juan Marichal, Orlando Cepeda, Jackie Robinson, Willie McCovey, and Gaylord Perry as well as the retired uniforms, denoted “NY,” of Christy Mathewson and John McGraw who played or managed in the pre-number era. These two pre-number era retired uniforms are among only six such retired uniforms in all of the Major Leagues.
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Fun Facts: • AT&T Park has a reputation of being a pitcher’s park and the most pitcherfriendly ballpark in the National League due to the depth of the outfield limiting home runs. • In 2014, PETA declared the park to be the Most Vegetarian-Friendly MLB ballpark in the country. It held the top spot on the same list in 2011, 2006 and 2005. • The most prominent feature of the ballpark is the right field wall made of brick, which is 24 feet high in honor of former Giant Willie Mays, who wore number 24. Because of the proximity to the San Francisco Bay, the right field foul pole is only 309 feet from home plate. In the past, rubber chickens put up by fans whenever a Giants player (especially Barry Bonds) was intentionally walked, would line the foul portion of the wall. The fans would do this to show that the opposing team is “chicken” for not pitching right to the Giants players. • It is very difficult to hit a home run to a deep corner of the ballpark in the right field area, dubbed “Death Valley” and “Triples’ Alley.” A batted ball that finds its way into this corner often results in a triple. Triples’ Alley is also infamous for bad bounces, most notably when Ichiro Suzuki hit the first-ever inside-the-park home run in an AllStar Game by lining the ball off one of the archways and sideways past the outfielders. Ángel Pagán ended a game in May 2013 with a two-run walk-off inside-the-park home run, the first of its kind at AT&T Park. • Beyond right field is China Basin, a section of San Francisco Bay, which is dubbed McCovey Cove or “The Cove” after famed Giants first baseman and left-handed slugger Willie McCovey. As of June 17, 2016, 70 “splash hits” have been knocked into “The Cove” since the park opened; 35 of those were by Barry Bonds. Besides being the Giant who has hit the most home runs into The Cove, he is the only one to have had hit 2 splash hits in one game (a feat he accomplished twice).
• Behind the scoreboard in center field there is a pier where ferries can tie up and let off fans right at the park. On game days, fans take to the water of McCovey Cove in boats and kayaks, often with fishing nets in the hope of collecting a home run ball. Across the cove from the ballpark are McCovey Point and China Basin Park, featuring monuments to past Giants legends.
Families that spend time together stay together. Just as we are reminded of past legends and their most memorable moments, we must hold dear to those of our own, our family before us and those to follow. We live in a busy, go-go-go information age. All of the conveniences and distractions of modern living result in very hectic lifestyles. We must make time for relationships and build upon family tradition. It is these traditions that allow families to spend meaningful time together, enjoy one another, promote a feeling of closeness, and strengthen the family unit. Sometimes the best family traditions are the simplest ones; many of them center around a meal: Break bread, eat dinner together; watch a movie and eat pizza every Friday night; cook Saturday breakfast in your pajamas as a family; eat popcorn at your grandparents house every Sunday evening; have a family game night; vacation together; or eat a favorite meal on your birthday. Tradition within Tradition: Judge Bradley and his son, James, Jr., seemingly epicureans, travel the nation to “catch a game” and while doing so, take in the flavor of the city. Part of the experience and tradition is finding a local spot and enjoying a good meal together. If you are thinking hot dogs, peanuts or nachos, think again! Judge Bradley, thank you for your time. It was a pleasure to write of your experiences as you continue to build upon tradition. n
edia Arts Council (MAC) is pleased to announce the first installation of its Public Art Program – “Endeavour” by renowned Philadelphia artist Joe Mooney. “Endeavor” is an abstract work of stainless steel and steel standing 96" high that is on display in the North block of the Plum Street Mall. Public art engages people as they come through public spaces and makes art more accessible by bringing art out of galleries and museums. Consider Claes Oldenburg’s “Clothespin” in Philadelphia. In Chicago, a city known for public art, there are numerous magnificent works in public spaces such as works by Picasso, Calder, and Chagall. n
en·deav·or VERB 1. try hard to do or achieve something: synonyms: try · attempt · seek · undertake · aspire · aim · set out · strive · struggle · labor · toil · work · exert oneself · apply oneself · do one’s best · NOUN 2. an attempt to achieve a goal: synonyms: attempt · try · effort · venture
2016 Events Calendar Fall Super Sunday Sun., 9/11, State Street [rain date: 9/18] (610) 915-2253 30th Great Media Garage Sale Days Sat. & Sun., 9/17 & 9/18, Media Borough, 9 a.m. to 4 p.m. 36th Annual Media Food & Crafts Festival Sun., 10/2, State Street, 9 a.m. to 5 p.m. [rain date: 10/9] 52nd Annual Delaware County Halloween Parade Sat., 10/29 at 2:00 p.m., State Street [rain date: Sun., 10/30] 57th Annual Veterans Day Parade Fri., 11/11 at 11:11 a.m., State Street [610-565-7909] 14th Annual Jazz by Night Celebration Sat., 11/19 from 7 p.m. – 1:30 a.m., Downtown Media Santa’s Arrival & Festival of Lights Fri., 11/25 at 5 p.m./Santa at 6 p.m., Courthouse on Front Street. New Year’s Eve Community Celebration & Ball Drop Sat., 12/31 at Midnight, Downtown Media Media Business Authority (610) 566-5039 www.VisitMediaPa.com
“Endeavour” By renowned Philadelphia artist, Joe Mooney Stainless Steel & Steel 98″ x 41″ x 38″, 2009 North block of the Plum Street Mall, Media
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Delco re:View is the official publication of the Delaware County Bar Association. For membership, visit www.DelcoBar.org. Chester County Med...
Published on Aug 8, 2016
Delco re:View is the official publication of the Delaware County Bar Association. For membership, visit www.DelcoBar.org. Chester County Med...