WINTER 2016 THE OFFICIAL PUBLICATION OF THE DELAWARE COUNTY BAR ASSOCIATION
In M em oriam Clarence D. Bell, Jr. Angelo A. DiPasqua Bruce A. Irvine Joseph W. Kauffman Rosemary C. McMunigal George S. Saulnier
W hen a great man dies, for years t he light he leaves behind him, lies on t he pat hs of menâ&#x20AC;Ś - H E N R Y WA D S W O R T H LO N G F E L LO W Photograph by Colleen M. Neary, Esq.
Celebrate, Reflect & Resolve
Keeping the Comforts of Home™
Helping Trusted Advisors Care for Their Clients As a professional advisor, clients rely on you to maintain their fiscal wellbeing. Comfort Keepers® can help you achieve this important goal with cost-effective care solutions that keep clients in their own homes.
In-Home Senior Care Services
• Personal Care • Companionship • Meal Preparation • Light Housekeeping Employed, Supervised, Screened, Trained and Bonded Staff. Comfort Keepers has earned a reputation as a quality care provider with our commitment to clients’ wellbeing, communication with our care partners and extensive caregiver recruiting and training programs.
Call the office nearest you Springfield, PA
King of Prussia, PA
Most offices independently owned and operated. © 2015 CK Franchising, Inc.
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 Board of Directors 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 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. Kelle, Esquire John A. Prodoehl, Jr., Esquire Mary V. Z. Wachterhauser, Esquire Carrie A. Woody, Esquire
Delaware County Bar Association One Hundred and Forty-Third Annual Dinner
You Never Stand Alone In This Association Remarks from Scott C. Gottel, Esq., DCBA President, 2016 The Paul R. Sand Award Pennsylvania Bar Association’s Pro Bono Award 50 Year Award to those who joined the DCBA in 1966! President’s Special Recognition Award Just Who Is firstname.lastname@example.org
10 There Is No Place Like Home 11 The Honorable Francis J. Catania Memorial Magisterial District Judges’ Dinner 12 History of the Bar 14 Strategies for Making Your New Year’s Resolutions Stick 16
Happy “Re-New” Year
16 Who Says Nothing in Life is Free? 17 DCBA Family Law Section... Advancing the Cause 18 DCBA Young Lawyers’ Section... Where 40 is the New 35! 19 American Inns of Court 20 Delaware County Attorney/CPA Forum 2016 Meetings 21 EXPUNGEMENT... 22 The Music WIll Last A Little Longer... 23 “What Every Defense Attorney Should Know About Delaware County Veterans Court”
William L. Baldwin, Esquire Executive Director Tracy Price Marketing Director 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
24 MEMORIAL RESOLUTION JUDGE JOHN ALOYSIUS REILLY “Send for Reilly” 27 Welcome, for the 56th year, to our Veterans Day Parade In Everybody’s Hometown! 28 The Justinian Society of Delaware County Annual Dinner Celebration In Everybody’s Hometown! 30 Wreaths Across America 31 A Decade of Violence 32 Philadelphia Area Special Needs Teacher Discovers Key To Unlock Behavioral Modification Techniques 33 The Geezers 25th Annual Dinner 34 The “Cranial Quest: Rowing for a Change” 35 YLS...Acting Locally for Comfort & Hope 36 Budweiser Chooses Everyone’s Hometown 37 Don’t Be An Angry Bird... Be A Nutcracker!!! 38 So Long Babe... EDITORIAL SUBMISSIONS
Reading, PA | 610.685.0914 x201 hoffmannpublishing.com For advertising information contact Tracy Hoffmann at email@example.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.
D E L AWA R E C O U N T Y B A R A S S O C I AT I O N DELAWARE COUNTY BAR ASSOCIATION ONE HUNDRED AND FORTY-THIRD ANNUAL DINNER January 15, 2016 Welcoming Remarks Robert M. Firkser, Master of Ceremonies Introduction of Guests Robert M. Firkser Memorial Video Presentation
You Never Stand Alone In This Association Remarks – Annual President’s Dinner, January 2016 Kristen M. Rushing, Esq., 2015 DCBA President
Presentation of Gift to Kristen M. Rushing by Scott C. Gottel Remarks Kristen M. Rushing, 2015 President Presentation of Gavel to Scott C. Gottel by Kristen M. Rushing Remarks Scott C. Gottel, 2016 President Invocation Richard A. Mitchell Dinner Presentation of Awards Pennsylvania Bar Association Pro Bono Award 50 Year Awards Paul R. Sand Award President’s Special Recognition Awards Closing
4 | Winter 2016
hank you, Scott. Thank you to the Board of Directors, to the Executive Committee, to Bill Baldwin and to all of you for allowing me to lead this great Bar Association in 2015. I knew I had big shoes to fill from the many Presidents before me, but what I quickly learned is that you never stand alone in this Association. I had so much guidance, wisdom and support from so many different members of the Bar, that what seemed like a daunting task at the beginning of the year became one of the most rewarding experiences of my career. I would be remiss if I did not specifically address the Executive Committee. I cannot tell you all enough how much I have appreciated your passion, your dedication, your time and your loyalty. I could not have navigated
O N E H U N D R E D A N D F O R T Y-T H I R D A N N U A L D I N N E R
through some of the difficult issues we faced without our thoughtful debates and all of you standing behind me. I must also thank my firm for all of their support. The Bar Association was very busy this year, from refinancing the mortgage on the Bar Building with a substantially lower interest rate to co-hosting with the Board of Judges the historic visit from the Commonwealth Court to being an active and vocal participant in the fight against the tax on legal services. I am very proud of all that we accomplished together, and I turn the reigns over to Scott Gottel. Scott brings with him a long list of his own accomplishments. After graduating from Dickinson School of Law in 1998, he began working for State Farm as in-house counsel, but soon joined Holsten & Associates where he has worked since 2000. After joining the Bar Association, Scott served as the President of the Young Lawyers’ Section in 2008. His leadership was recognized in 2008 when he was awarded the Nicholas D.
Vadino Award. He has served on the Board of Directors since 2010. Scott has also been a member of the Pennsylvania Bar Association House of Delegates for the past two years. I first met Scott at the Young Lawyers’ Section meeting in 2005; however, it wasn’t until I worked at the annual YLS Christmas Party for Underprivileged Children that Scott and I got to know one another. It has truly been a pleasure and honor serving this Association along side him. Scott has integrity, a keen intellect, he is not afraid to ask the hard questions, and he is a strong leader. Scott Gottel will serve this Association very well. With that Scott, I present to you the gavel!
Business Solutions That Work for Attorneys and Clients! Payroll Services
• Initial 60 days of free payroll processing Merchant Services
Powe red b y Newt ek ®
Proud Af finity Par tner of the Delaware Count y Bar Association
• Guaranteed to meet or beat current
merchant processor or receive $250
IOLTA Accounts Owner-Occupied Commercial Mor tgages Lines of Credit /Credit Cards
Federally insured by NCUA Equal Oppor tunity Lender
610-359-3899 businessser firstname.lastname@example.org Winter 2016
D E L AWA R E C O U N T Y B A R A S S O C I AT I O N
Cheers... The Delaware County Bar Association exists to serve its members and the community at large by fostering respect for the law, by advancing the competent, collegial, and ethical practice of the legal profession, and by creating opportunities for attorneys, judges, and the public to work collaboratively for justice.
6 | Winter 2016
Annual President’s Dinner, January, 2016 Scott C. Gottel, Esq., DCBA President, 2016
am truly honored this evening to stand here as the new President of the Delaware County Bar Association. I remember as a student at Penncrest High School being involved in our debate team and participating in the Young Lawyers Mock Trial tournament. Pat Holsten – at that time she was Pat Kreb – was our debate team mentor and her passion for the law and her job inspired me to become a lawyer. I always knew that I wanted to end up practicing in Media, and I was thrilled after working in Philadelphia for over four years to find a job at Holsten and Associates where I have been now for twelve years. I cannot thank my firm enough for the opportunities, the knowledge, the confidence and the friendship over the years. I am really privileged to work with a great group of people and I am thankful to work with so many great attorneys and judges in our Bar Association. I would like to thank Lyn Schoenfeld who about 5 years ago called me when my two year term on the Board of Directors was finishing and encouraged me to put my name in for the Executive Board. I am excited to take on the role as President and have plans to expand the Bar Association’s Affinity Program, continue the fight against any threat to our Legal Journal income, and seek alternative sources of income to keep our Association viable. Our organization is valuable – it provides fantastic networking opportunities; great bench bar relations; numerous free and low cost CLEs; discounts through affinity partners; lawyer referrals; a pipeline to lobbying and assuring that the legislature understands our needs in the practice of law. But mainly, in my opinion, the Bar Association is a vehicle to build a community where we can forge relationships with fellow lawyers and their families outside of the office and outside of the courtroom. And so this year it is my hope that we can really just have fun. Our practices are stressful enough and it is my hope that the Bar Association can help us remember the importance of our Delaware County community. But tonight, the real reason we are here is to celebrate and honor our outgoing President . . . Kristen Rushing. Kristen and I have come up in the ranks of the Bar Association together, and I can’t think of a better person to precede me in the Presidency. I am thankful to consider her a friend, and I love that we can share a laugh at any occasion. Kristen . . . you were a fantastic President, and I know you have lots more to offer the profession and our Association. I am privileged to take this stage with you and to congratulate you on your accomplishments and on a fantastic year serving as President. And so, I ask us all to raise a glass as I propose a toast to Kristen Rushing. I am honored to call you a colleague and FRIEND – here’s to a job well done!
O N E H U N D R E D A N D F O R T Y-T H I R D A N N U A L D I N N E R
The Paul R. Sand Award . . . To Robert “Reb” Speare For his constant and continued support of the Delaware County Bar Association’s educational and Bench Bar Conference programs. Presented by Kristen M. Rushing, Esq., 2015 DCBA President
he Paul R. Sand Award is presented annually at the President’s Dinner to a member of the Delaware County Bar Association who has furthered the concepts of the Association, or a lay person who has fostered interest and respect for the law. This year’s recipient, Reb Speare, has furthered the concepts of this Bar Association in so many ways and often, has gone unrecognized for those efforts. Reb is a 1978 Widener Law School graduate and has been a member of our Association ever since his graduation. He was an associate with the Petrikin Firm and the Fronefield Firm before forming his own in 1985. He was born and raised in Delaware County and has given back to his local and legal community by serving on countless boards and foundations. There are simply too many to name, but some of them include the Crozer-Chester Foundation, the Community Arts Center, the Delaware County Education Foundation, the George B. Lindsay Foundation, the Boys & Girls Club of Chester and the Chester Fund. Most notably, however, Reb has served as a permanent member of the E. Wallace Chadwick Memorial Fund since 2000 and as its Chairman since 2003. During his tenure as Chairman of the Chadwick Fund, Reb has been instrumental in furthering
the concepts of the Bar Association, specifically with regard to its educational endeavors. Under his direction, the Chadwick Memorial Fund has contributed substantial funds to the Bar Association for a variety of projects and events. These include CLE programs, the Bench Bar Conference, the History Project, the Board of Directors Retreats, the updated website and the Elder Law Handbook just to name a few. When the Bar Building was being renovated in 2005, the Chadwick Fund generously donated $100,000.00 to help defray the cost of the building. Although Reb and the other committee members of the Chadwick Fund have been generous when it comes to the Bar Association, he does not take his role as the Chairman lightly, as he carefully and thoughtfully considers every request that is made of the Fund. I have only known our recipient for a few short years, but in that time I have come to greatly respect him. Every time I approached him with a request for the Bar or even just with a question, he was always willing to not only support the project financially, but also always had suggestions and ideas for me. It became clear to me that he is someone who is extremely dedicated to the betterment of this Bar Association. In my many conversations with him, I have discovered that it is of the utmost importance to him that the Bar Association serves its members well, that it offers worthwhile educational opportunities, that it preserves the history of our Bar Association and that it keeps our members engaged and active. He uses his position as a member of the Chadwick Fund to help those goals. Reb is someone who has had a huge impact on our Bar Association, although he does so quietly and behind the scenes without any expectation of recognition for his efforts.
D E L A W A R E C O U N T Y B A R A S S O C I AFEATURE TION
Pennsylvania Bar Association’s Pro Bono Award Presented by David Trevaskis, PBA Pro Bono Director, To . . . John N. DelCollo, Esquire
ro Bono Panel of Legal Aid of Southeastern Pennsylvania: Legal Aid of Southeastern Pennsylvania (LASP) is a non-profit Pennsylvania corporation committed to delivering high quality civil legal services to low income people, victims of domestic abuse and the elderly. The services rendered can consist of information and advice, community education, drafting of legal documents, and negotiation and representation in administrative and judicial proceedings. John DelCollo, Esq., has been a member of the Pro Bono panel since 2008, representing numerous clients with custody and domestic violence problems. He has also assisted in preparing numerous estate planning documents over the past several years.
Karen Tyler, Pro Bono Coordinator, LASP, nominated John for this prestigious award. “I found John to be very caring and kind, especially to the elderly.” He received the 2015 Pro Bono Award for assisting a senior with the dissolution of an abusive guardianship. The senior suffered a severe head injury and was placed in a nursing home. The family was informed he would never recover. During this time, a friend petitioned for guardianship and it was granted. Unfortunately, the friend abused the senior financially and mentally. The senior did recover and was allowed to return home. The friend continued to take control of his finances and neglect/and abuse him. “Dissolving a guardianship can be difficult and time consuming. Mr. DelCollo was very willing to take on this matter. As a result, the senior handles his own finances and is living comfortably in his own home.”
When you’re surrounded by people who share a passionate commitment around a common purpose, anything is possible! —Howard Schultz
50 Year Award to those who joined the DCBA in 1966! Andrew J. Forbes, Esquire Joseph E. Lastowka, Jr., Esquire John Luchsinger, Esquire Robert J. McDonnell, Esquire Richard C. Tinucci, Esquire
WHAT A YEAR! Major News Events in 1966
8 | Winter 2016
01/29/66 - The Road Safety Act is passed which leads to the use of the Breathalyzer. 02/03/66 - Soviet probe Luna 9 is the first artificial satellite to ‘land’ on the moon. 03/31/66 - The USSR launches Luna 10, which will become the first space probe to orbit the moon. 04/21/66 - An artificial heart is installed in the chest of Marcel DeRudder in a Houston hospital. 05/28/66 - Fidel Castro announces martial law in Cuba because of possible US attack. 06/13/66 - The US Supreme Court rules in the Miranda case that police must inform suspects of their rights before questioning them. 07/28/66 - At 70, Florence Nagle becomes the first licensed female racehorse trainer. 08/05/66 - Groundbreaking on the World Trade Center takes place. 09/16/66 - The Metropolitan Opera house opens in New York City. 10/07/66 - The ‘hippie’ drug LSD is made illegal in California. 11/25/66 - J. Edgar Hoover announces all evidence suggests that Lee Harvey Oswald was acting alone. 12/15/66 - Cartoon genius Walt Disney dies at age 65.
O N E H U N D R E D A N D F O R T Y-T H I R D A N N U A L D I N N E R
President’s Special Recognition Award presented by Kristen M. Rushing to: Carrie A. Woody, Esquire For her hard work as Co-Chair of the newly formed Mentoring Committee John Newmann Hickey, Esquire For his hard work as Co-Chair of the newly formed Mentoring Committee “The greatest good you can do for another is not just to share your riches but to reveal to him his own” . . . Benjamin Disraeli DELAWARE COUNTY BAR ASSOCIATION MENTORING PROGRAM
nder the leadership of President Kristen M. Rushing, the DCBA created a Mentoring Program in 2015. Although mentoring had occurred in the past on a more informal basis, President Rushing established a Committee, co-chaired by Carrie A. Woody and John Neumann Hickey, to identify prospective mentors and mentees and to facilitate pairing experienced attorneys with younger or newer members of the DCBA. To date, the program has been a great success. All new members of the Association have the option of electing to enroll in the Mentoring Program and can remain as participants for one year after their admission to the DCBA. Many experienced lawyers have graciously volunteered their time to serve as Mentors and to help young attorneys to develop the skill sets necessary for a successful law practice. The Pennsylvania Bar Insurance Fund recognized the DCBA Mentoring Program with a grant of $1,467.00 to cover the cost of professional liability insurance. Also, co-chairs Carrie A. Woody and John Neumann Hickey were awarded the 2016 President’s Special Recognition Award at the Annual Dinner in January.
The DCBA thanks all of our members who have freely given their time and talent to supporting the Mentoring Program. KUDOS . . . To the Mentoring Program from member Sonia DiValerio, Esq. I practiced in Philadelphia for some time before going inhouse, which allows me to work from home. Being at home has its advantages, but it can be very isolating. I missed interacting with colleagues so I decided to join the Delaware County Bar Association, which has been great and in particular, the mentor program. I was assigned to Mary Wachterhauser, who takes every opportunity to make me feel welcome. Mary and I clicked and in the few months that I have known her, she has given me professional and personal advice. Joining the Delco Bar Association has given me a sense of community again. I feel very fortunate to have met Mary and am grateful that the mentor program exists - even for not-so-new attorneys.
DELAWARE COUNTY BAR ASSOCIATION ONE HUNDRED AND FORTY-THIRD ANNUAL DINNER
JUST WHO IS email@example.com?
Putting a Face to a Name . . . Submitted by Tracy Price, Editor Pictured L to R: President Judge Chad F. Kenney; Kathy Tarr, Legal Journal Administrator, DCBA; William Baldwin, Executive Director, DCBA
very year at the Delaware County Bar Association’s Annual Dinner, inevitably, someone asks me “Who is the blonde?” Please allow me to introduce to you Kathy Tarr, Legal Journal Administrator at the Delaware County Bar Association. Kathy, always pleasant in her demeanor, works in conjunction with many attorneys, employees of the Court, and members of the community in preparing ads for publication in the Legal Journal. Kathy fields questions relative to legal ads at extension 224; and she processes all ads submitted for publication including Change of Name, Charter Applications, Classified Ads, Estate and Trust Notices, Judgments, Service by Publications and Sheriff’s Sales. The Delaware County Legal Journal is the official legal newspaper of Delaware County, which in addition to the above, reports the decisions of the Courts of Delaware County, the 32nd Judicial District of Pennsylvania. Kathy has been a resident of Delaware County for over 40 years. Kathy, her husband, and their four children attended
school in the Rose Tree Media School District. Kathy is a proud grandmother (a.k.a. “Gia”) of a rapidly expanding family; currently she spoils six grand children ranging in ages from 6 months to five years old! The faces of all adorn her office “wall of fame.” She has been employed by the Delaware County Bar Association for eight years now. Asked what she likes most about her job . . . “I enjoy working with members of the legal community and the public. Very much like my father, I am organized and efficient; my work is accurate and my goal is a quality finish. I find that life is enriched with meaning when you allow yourself to be inspired, set goals, and meet them with passion.” I am here to serve you . . . Kathy Tarr, Legal Journal Administrator Delaware County Bar Association www.delcobar.org 335 West Front Street, Media, PA 19063 Ph: (610) 566-6625 ext. 224 | Fax: (610) 566-7924 Email: firstname.lastname@example.org
There Is No Place Like Home How to avoid MORTGAGE FORECLOSURE
Thank you all for providing important information on mortgage foreclosures and finding the right solution to stop the foreclosure process.
Pictured from left to right: Distinguished panel members Erik Hansen, Staff Attorney from LASP (Norristown Office); Richard M. Heller, Esquire, Donald J. Weiss, Esquire; and Moderator - Hon. Stephanie H. Klein (Ret.)
10 | Winter 2016
December, 2015. Members of the public were invited to attend a free seminar on MORTGAGE FORECLOSURE sponsored by Legal Services to the Public and the Pro Bono Committee of the Delaware County Bar Association. Attendees learned what a foreclosure is and how it happens; what are the types of foreclosure; how you can save your home from a foreclosure; and where you can find help in implementing your foreclosure defense.
OCTOBER, 2015. The Delaware County Bar Foundation hosted the Honorable Francis J. Catania Memorial Magisterial District Judges’ Dinner at Drexelbrook Country Club. Named in honor of Judge Catania, who was a distinguished jurist and President Judge of the Court of Common Pleas for 14 years, the dinner was an opportunity for the minor judiciary to celebrate and recognize members who had made significant contributions to the justice system. The evening’s Master of Ceremonies was Donald J. Weiss, Esquire, President of the Delaware County Bar Foundation, and distinguished guests included the Honorable Chad F. Kenney, President Judge of the Court of Common Pleas, other members of the Bench, and Mary Louise Esten and Francis J. Catania, Jr., children of the late Judge Catania. After speeches by Mr. Weiss and the Honorable Leonard V. Tenaglia, President of the Magisterial District Judges’ Association, a number of awards were presented to District Judges and individuals who had performed distinguished service to the courts. The first Francis J. Catania Award was given to William G. Halligan, Esquire, who has provided dedicated service for many years as solicitor for the Magisterial District Judges. This award was especially meaningful because Mr. Halligan began his law career due to encouragement from Judge Catania and eventually served as a law clerk to the Judge from 19731990. Mr. Halligan was also granted honorary membership for life in the Magisterial District Judges’ Association. The Honorable Jack D. Lippart was recognized as the Past President of the Magisterial District Judges’ Association, and retirement awards were presented to the Honorable John C. Tuten, Jr., the Honorable Stephanie H. Klein, the Honorable Laurence McKeon and the Honorable John J. Perfetti. Each of the retirees was thanked for his/her dedicated service to the minor judiciary. The Donald J. Guthrie Award, named in honor of the first Administrator of the Delaware County District Courts, is presented to an individual who is not currently sitting as a Magisterial District Judge but who has supported the
Pictured left to right: Seated – Selaine D. Keaton, Esq. and William G. Halligan, Esq. Standing - Francis J. Catania, Jr., Esq.; Honorable Leonard V. Tenaglia; Honorable Richard M. Cappelli; Donald J. Weiss, Esq.; Mary Louise Esten, Esq., and the Honorable Chad F. Kenney, President Judge of the Court of Common Pleas.
Magisterial District Judges’ Association and has contributed to the operation of the criminal justice system. The recipient exemplifies the commitment to justice and dedication to the operation of the minor judiciary embodied by Donald S. Guthrie. This year’s Guthrie Award recipient was the Honorable Richard M. Cappelli, who served for many years as the Magisterial District Judge for Bethel, Chadds Ford, Concord and Thornbury Townships before becoming a Judge of the Court of Common Pleas of Delaware County. Lastly, the Delaware County Bar Foundation was recognized for its work in planning and hosting the event, and special credit was given to the Honorable Diane Holefelder and Jacqueline Csop of the Delaware County Bar Foundation for their contributions to making the dinner such a great success.
History of the Bar By Colleen M. Neary, Esq.
Joseph Albert “Jock” Yablonski
olleen Neary and Gene Malady have been documenting the Bar Association’s rich history through videography. The pair has been digging into the archives, interviewing current members of the bar and researching significant people and events related to the Bar Association for their series “The History of the Bar.” They have been assisted in their efforts through a generous grant from the E. Wallace Chadwick Foundation. Pictured above: Joseph Albert “Jock” Yablonski was an American labor leader in the United Mine Workers in the 1950s and 1960s. He was murdered in 1969 by killers hired by a union political opponent, Mine Workers president Tony Boyle. His death led to significant reforms in the union. The fourth installment of “The History of the Bar” premiered at this summer’s Bench Bar Conference. The topic of the piece was Commonwealth v. W. A. “Tony” Boyle. The 1960s were a tumultuous time in labor union history. Yet another major mine disaster, this time in Farmington, West Virginia, claimed another 78 lives. Tony Boyle was the head of the American Mine Workers Union, at the time the largest and most powerful labor union in the country and the predecessor to such unions as the ACL-CIO. The Union was noted for its corruption and placing greed above the interests of its members. Tony Boyle appeared to be more concerned with accumulating power and wealth through illegal kickbacks from the industry corporations than protecting his workers or advancing their cause. His response to the Farmington Disaster, one of the worst mining disasters in modern history, was callous, calling it an “unfortunate accident.” Meanwhile, doctors had discovered that “Black Lung” disease was taking even more miners’ lives, yet no responsibility was being placed on the mining companies that were making their fortune on the backs and lives of the miners. Jock Yablonski, a native of Clarksville, Pennsylvania, decided to challenge Boyle for the leadership of the Union. Jock was a reform candidate, pressing for better standards of work for his men. He pushed to have Black Lung
12 | Winter 2016
disease recognized as a compensable work injury under the Workers’ Compensation Laws and was successful in having Pennsylvania’s Governor Scranton do so, over Boyle’s objection. In 1969, President Richard Nixon signed into law the Coal Mine Health and Safety Act, due in part to Yablonski and other advocates of more stringent safety measures for miners. When Yablonski made the unprecedented decision to challenge Boyle for the union presidency, he did not do so lightly. He was well aware of the dangers he faced in doing so. While campaigning he was knocked unconscious from a blow to his neck by one of Boyle’s henchman; the gasoline tank of an airplane that he was scheduled to travel on was tampered with; and numerous other incidents made it clear to Yablonski that his very life was being threatened. Despite this knowledge and his requests to the state police for assistance, none was forthcoming. The election results of December 8, 1969 revealed Boyle as the winner. Unsurprisingly, there was evidence of massive fraud committed by Boyle and his associates, and Yablonski filed suit in federal court and asked the Department of Labor to investigate for fraud. On the night of December 31, 1969, 3 men, Paul Gilley, Claude Vealey and Austin Martin, entered the Yablonski home and murdered Jock Yablonski, his wife Margaret, and his 25year old daughter, Charlotte. Yablonski himself helped lead investigators to his killers, as Paul Gilley had previously come to the home in an aborted attempt to commit the murder. The investigators found Gilley’s name written in Yablonski’s hand from that earlier contact. Ultimately, the trail from the murderers led to Union officials, all the way up to Boyle, who by then was under federal indictment for fraud. Boyle had paid for the ordered hit with embezzled union funds. The trial against Boyle for murder in the first degree began in September, 1973. It took place in Media, Delaware County, due to a request by the defense for a change of venue from Greene County. Richard Sprague, Esquire, acted as special
www.DelcoBar.org prosecutor and the Honorable Francis Catania was the presiding judge. Boyle’s defense attorney was Charles F. Moses, Esq., criminal defense attorney from Billings, Montana, Boyle’s hometown. The jury found Boyle guilty of 3 counts of murder. In 1977 the Pennsylvania Supreme Court overturned the conviction on appeal due to evidentiary issues. Boyle was tried again in 1978. Richard Sprague, then in private practice, agreed to again act as special prosecutor. During the second trial Charles Peruto, Sr., Esquire, represented Boyle. The legal matchup of Sprague and Peruto promised to be one for the ages. It pitted Sprague, the tough, tenacious, methodical prosecutor with a record 69 out of 70 successful homicide convictions, against Peruto, the flamboyant and outspoken defense attorney who had handed Sprague his only loss to date. The attorneys did not disappoint. Sprague again built his case brick by brick, methodically laying out for the jury the path that led from the trio of nearly inept assassins to the powerful and corrupt Boyle. Sprague had carefully constructed his case, prosecuting each defendant, one at a time, each time laying the groundwork for evidence against the next one. Despite Peruto’s well known adept courtroom style and flair for dramatic courtroom antics, he was unable to defeat Sprague’s well crafted prosecution. Again Boyle was convicted of murder and sentenced to 3 consecutive life terms in prison (during this time the death penalty had been essentially suspended due to the U.S. Supreme Court decision in Furman v. Georgia). Boyle died in prison in 1985.
Joseph Patrick O’Brien+ ++ +++* John Yanoshak++ +++ Christopher H. Peifer+++ ** Of Counsel Frederick W. Kreppel*** Glenn L. Madere* **** John J. Maffei# Legal Assistants Patricia Bevers Bonnie M. Bolc++++ +++++ Donna Lee Willis+++ William Cornell Archbold, Jr. 1928-2013 Former PA House Speaker Matthew J. Ryan 1932-2003 * ** *** **** #
L.L.M. TAXATION ALSO MEMBER NJ BAR FORMER I.R.S. ESTATE TAX ATTORNEY EXAMINER MEMBER CA AND DC BARS ONLY PAST PRESIDENT – DELAWARE COUNTY BAR ASSOCIATION + PA INST. CPA’S; INST. PROP. TAX ++ DEL. CO. ATTY CPA FORUM +++ DEL.CO ESTATE PLANNING COUNCIL ++++ MEMBER SUBURBAN WEST REALTORS ASSN. +++++ PA ASSOC. BROKER-APPRAISER
2017 R.E. TAX APPEALS due soon in 2016!
Yablonski’s death spurred Union reforms. Miners for Democracy, a group initially formed in the hours immediately following his funeral by some of his supporters, was successful in not only having Boyle’s election overturned, but also in ensuring that the Union members would have more of a voice in leadership’s agenda. In keeping with Yablonski’s goals, the new Union leadership no longer tolerated trading Union benefits for miners’ safety. The story of the Yablonski murders was the subject of the book Act of Vengeance, which was later made into a movie starring Charles Bronson. Acclaimed folk singer Hazel Dickens wrote Cold Blooded Murder (featured in the DCBA movie) about the heinous crime and the award winning documentary Harlan County, U.S.A. features the union fight and ensuing murders. The 2015 History of the Bar movie tells the Boyle trial story through historical news footage and videos and interviews with current members of the bar that were present during the Boyle trial, including Superior Court President Judge Emeritus Steven McEwen, Senior Judge Frank T. Hazel, who was the District Attorney of Delaware County, and William Halligan, Esq., former law clerk to Judge Catania. The authors also interviewed Joseph “Chip” Yablonski, Jock’s youngest son, and Paul Gilley, who remains in prison and is the sole known surviving defendant of the 8 defendants tried and convicted for their roles in the murders (2 defendants were placed into the Federal Witness Protection Program after becoming witnesses for the prosecution).
LAW ASSOCIATES 17 East Street, P.O. Box 626, Media, Pennsylvania 19063 (610) 565-3800 • (800) 648-8597 • Fax: (610) 892-6888 The Firm welcomes attorney referrals and strictly observes and protects the client relationship with referring counsel. For over fifty years, KAO Law Associates (formerly Kassab Archbold and O’Brien, LLC) has been representing real property owners throughout Pennsylvania lowering their real estate tax assessments, handling thousands of appeals to County Boards of Assessment Appeals and Common Pleas Courts. The Firm’s experience includes commercial, industrial, and residential properties assessed from under $1 million to over $500 million. The Firm has extensive involvement with LERTA, PURTA, and KOZ exemptions. Our experience allows the Firm to provide effective representation throughout the appeals process addressing PA’s Consolidated County Assessment Law, as well as the differing procedures in the various County Boards of Appeals and Common Pleas Courts. Please contact us for the tax appeal dates and procedures for all Pennsylvania Counties. We welcome your confidential inquiries! Joseph Patrick O’Brien, Esq. email@example.com
KASSAB ARCHBOLD AND O’BRIEN PA RE TAX APPEALS LLC PA ESTATE AND BUSINESS LAWYERS PA PROPERTY TAX CONSULTANTS
www.kaolawassociates.com Winter 2016
Strategies for Making Your New Year’s Resolutions Stick By Dena Lefkowitz The Legal Intelligencer, a journal for lawyers
hen I think of a brand new year, I envision a beautiful, tranquil lake, so still that it mirrors everything surrounding it. Nothing has happened yet to disturb or disrupt that peaceful surface. Our actions are like pebbles thrown into the lake that ripple out, changing the reflection in the mirror and rearranging the landscape in expected and surprising ways. The new year is a natural time to reflect. And many people make resolutions. Each January, membership at my gym swells beyond normal limits as new members seek to shrink and tone. The influx of new members, however, is generally a temporary state as many membership cards stagnate in unused gym bags. Why? Because habit change is difficult, and turning a page in the calendar does not magically transform us into different people. If you made resolutions this year, there are strategies to support you in sticking with them. If you have already broken a resolution, read on to discover how you can get back on track. • Every goal should be “SMART”—specific, measurable, achievable, realistic and time-bound. For example, instead of generally resolving to lose weight, specify how many pounds, and establish a timeframe. I coached a client who wanted to lose 10 pounds in three months and get in shape without joining a gym. The first thing I asked her to do was collect data—what was she eating and drinking? She wrote everything down and realized that drinking sweetened iced tea all day and eating at night while watching television were both the biggest culprits and fairly easy to eliminate because the calories were being consumed mindlessly, so she didn’t miss either habit that much. To get in shape, she sampled various television fitness programs and found one
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 14 | Winter 2016
that suited and challenged her. She achieved her goal in two months instead of three because it was SMART. • Go public. If you are finding it easy to bypass your intentions, don’t keep them a secret. Arianna Huffington resolved to get more sleep in 2016. She told Business Insider: “My resolution is to embrace my own message when it comes to getting enough sleep—which, for me, means seven to eight hours. Ninety-five percent of the time, I do it. But my new book, ‘The Sleep Revolution,’ comes out in April, and having been through book tours before, I know they’re not necessarily conducive to a healthy, sane, rejuvenating sleep schedule. So the timing is perfect, because I firmly believe in the power of certain milestone moments to help us hold ourselves accountable and make changes in our lives. And going public with it (like this) is a really good way to make the commitment stick.” If you are not a media titan, there are other ways of going public. You can use social media to declare your goal and track progress or tell everyone you know what you’re planning to do. A client going on a business trip was worried she would not maintain her eating plan and decided to tell coworkers about her goal, enlist their help, and was successful. • Anticipate the limits of your willpower. If you are finding it difficult to stick to your goal, it may be too big and require some strategic chunking down. Psychologist Roy F. Baumeister has studied and published articles about willpower for years and teamed up with science writer John Tierney on the book, “Willpower: Rediscovering the Greatest Human Strength.” While we often castigate ourselves for difficulties with following through, Baumeister’s research demonstrates that willpower is a limited resource. Like a muscle, it becomes fatigued from use, which Baumeister calls “ego depletion.” Just as weight training builds strength, so does exercising self-control. The authors suggest building up self-control with modest and regular practices such as tidying up and improving posture. Be on the lookout for ego fatigue as a precursor to derailment. Again, it is important to be realistic in setting goals so they can be achieved without exhausting resources and create a path for following through in the future. • Change one habit at a time. A corollary to an overwhelming goal is making too many resolutions at once. Baumeister and Tierney posit that when people try to make big changes in their lives, the efforts are undermined if they are making other changes, too.
www.DelcoBar.org • Be an early bird. Do you find that when the day is over you have not accomplished what you set out to do? Baumeister’s research demonstrates that decision-making is exhausting, even when the impact of the choices is minor. As a professional, you spend your day making decisions and others look to you for recommendations on important matters. Ask yourself how likely it is that you will follow through on a resolution at the end of a workday. Experiment with times of day, depending on your goal, but if you plan on first thing in the morning, chances are greater that you will accomplish it. • Strategically minimize temptations. Use experience to figure out what has derailed you in the past and make a plan to avoid it. For example, if you want to be more productive at work, create a plan for limiting disruptions and distractions that lure you from important tasks. Close the door to your office and clear away visual clutter that competes for attention. • Track your progress. And, as the saying goes, there’s an app for that. You can outsource self-control with resources available online. A few examples are stickK. com, quantifiedself.com, and loseit.com. Many people enjoy wearing their intentions on their wrists with a Fitbit, Jawbone and other activity-tracking devices. Documenting progress is beneficial because it provides a sense of accomplishment and also demonstrates that you can do it. If you walked a mile a day last month, then you know you can do it again. It is no longer a theoretical pipe dream, but a realistic, achievable outcome.
shed pounds and gotten into shape over the last few years, joked on The Ellen DeGeneres Show that he visualizes his reward this way: “As I’m running, I’m thinking, ‘That’s one beer, that’s two beers.’” If your goal is SMART and borne out of true belief that your life will improve by attaining it, there is nothing standing in the way of achieving it except, perhaps, you. Dena Lefkowitz is a certified professional coach who works one-on-one with clients to help them achieve their practice goals, implement marketing strategies and achieve career satisfaction. She is a member of the International Coach Federation and a prior board member of the Philadelphia chapter. Lefkowitz attended the College of Executive Coaching. She is also a lawyer and practiced for 26 years in private firms and in-house. Originally published in “The Legal Intelligencer.” Reprinted with permission from the January 28, 2016 edition of “The Legal Intelligencer” © 2015 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-2573382, email@example.com or visit www.almreprints.com
• Keep your eyes on the prize. Social psychologist Emily Balcetis explained in a TED talk why many people break New Year’s resolutions by Valentine’s Day. She conducted an experiment to test perception of distance by exercisers. One group was trained to focus their attention on the finish line, avoid looking around and to imagine a spotlight was shining on the goal, and that everything around it was blurry and perhaps difficult to see. The other group was encouraged to look around. “People who kept their eyes on the prize saw the finish line as 30 percent closer than people who looked around as they naturally would,” she said. This strategy also made exercise seem easier. She said we can teach ourselves to see things differently, and, “When we find a way to make the world look nicer and easier, it might actually become so.” Ask yourself how you can develop tunnel vision when it comes to an important goal. • Reward yourself. The benefits of working toward a reward have been widely researched and written about and I have seen it firsthand as a coach. Habit change is challenging and every step in the desired direction is worth celebrating with something tangible and meaningful. If you are giving up something, find a replacement aligned with your intentions and values. The reward should be as specific and measurable as the goal itself. Write it down as part of your accountability plan: “When I _______, I will reward myself with ___________.” Ricky Gervais, who has
Happy “Re –N ew” Year
hank you Delaware County Bar Association members for your continued support and for maintaining your membership with our dynamic Association. It is our hope that in the new year, 2016, you have renewed your membership and will continue to take advantage of the many benefits of membership, which include: • Quality CLE programs at low or no cost- In 2015, the DCBA offered enough free seminars that members could get all 12 CLE credits at no cost. • Use of free conference room space for depositions- NonDCBA members pay $125.00 rental for half day and $250.00 rental for full day use of rooms at the Bar Association. • Subscription to the weekly Legal Journal and quarterly Delco re:View.
• Special discounts and programs for members through the Association’s ever expanding Affinity Partnerships. • Mentoring Program for new members. • Engagement of a lobbyist in collaboration with the Montgomery and Bucks County Bar Associations to advocate on behalf of our members on issues affecting attorneys, such as opposing the tax on legal services. • Access to video-conferencing technology at the Bar Association. • Ability to attend the annual Bench Bar Conference and other Association events. • Networking with your colleagues and members of the Bench.
Who Says Nothing in Life is Free?
04/30/15 Potpourri of Tax Issues for Lawyers and Professionals 1 Substantive and 1 Ethics CLE Credit
02/11/15 Fraud Prevention and Detection: Best Practices 1 Substantive CLE Credit
05/07/15 Practical Perspectives on the Right to Know Law 1 Substantive CLE Credit
e sure to look for more in 2016 . . . The Delaware County Bar Association offered 11 free seminars for a total of 12 credits in 2015 including the following:
01/21/15 Managing Technology and Research in Your Law Practice 1 Substantive CLE Credit
03/11/15 Ethical Considerations and the iPad/iPhone for the Mobile Lawyer 1 Ethics CLE Credit 03/25/15 Managing Technology and Research in Your Law Practice 1 Substantive CLE Credit 03/30/15 Practice Makes Perfect: Mentoring 1 Substantive CLE Credit
16 | Winter 2016
05/06/15 Primer of Public Benefits 1 Substantive CLE Credit
09/23/15 Planning for Same Sex Couples 1 Substantive CLE Credit 10/22/15 Current Issues Affecting the Supreme Court 1 Substantive CLE Credit 12/10/15 The New Landscape of Social Security 1 Substantive CLE Credit
DCBA Family Law Section...
Advancing the Cause
teven R. Koense, Esq., was the 2015 recipient of the prestigious Eric D. Turner Award at the Annual Dinner of the Family Law Section. Steve is an associate with the firm of Schoenfeld, Surkin, Chupein & DeMis, whose practice focuses in all areas of family law. Mr. Koense is a member of the Delaware County and Pennsylvania Bar Associations, and the Doris Jonas Freed Matrimonial Inns of Court. He is currently serving on the Executive Board as Program Director. As a member of the Family Law Section, Mr. Koense was co-chairman of the Protection From Abuse Committee for the Family Law Section of the Delaware County Bar Association (2001 to 2003); chair of the Technology Committee for the Family Law Section of the Delaware County Bar Association (2003 - 2006); Treasurer for the Family Law Section (2007-2009; 2012-present); Vice Chairperson for the Family Law Section (2010); and was the Chairperson of the Family Law Section (2011). In addition to his commitment to the Delaware County Family Law Section, Mr. Koense is also actively involved with the Women’s Resource Center in Wayne, PA providing legal advice to women in need and organizing free legal seminars on divorce practice and procedure, as well as general divorce topics. Mr. Koense graduated with a bachelor’s degree from the University of Delaware in 1993. He graduated from Widener University School of Law in 1997, and was the President of the Student Bar Association from 1996 -1997. He was awarded the Dean Arthur A. Weeks Award for Outstanding Service to the Law School in 1997. The Eric D. Turner Award was created in the millennium year 2000, to honor the memory of a lawyer who was dedicated to the practice of family law. The award has since been presented annually to a lawyer “whose dedication, professionalism and integrity most closely exemplifies that of Eric D. Turner.” Steven Koense is wholly deserving of this award for his “dedication, professionalism, and integrity, along with his substantial contributions to improving the practice, elevating the standards, and advancing the cause of matrimonial law.”
The Family Law Section Recognizes . . . In appreciation for her dedicated service to the Family Law Division . . . Elizabeth Piazza, Court Liaison/ Bench Warrant Supervisor Domestic Relations Office, Delaware County Courthouse “Any job very well done that has been carried out by a person who is fully dedicated, is always a source of inspiration.” Elizabeth “Liz” Piazza is closely approaching her 15th year of service for Domestic Relations in Delaware County. What she most enjoys about her job is the close working relationships she shares with her peers, the judges, and members of the public who need help.
“Our main goal is to help the children, this is what we are here to do!” The Family Law Section (“FLS”) is the largest and one of the most active groups in the Delaware County Bar Association. Its membership is comprised primarily of family law practitioners, but the FLS is open to any interested member of the Association. For nominal annual dues of $35.00, you can enjoy some of the benefits of membership in the FLS, which include: excellent networking opportunities; great CLE programs; special social events. The FLS prides itself on its commitment to serving the community, and each year it holds a special fundraiser in March to benefit a local charity. If you would like to learn more about the FLS, contact the 2016 Section Chair, Jean K. Moskow, Esquire, at jmoskow@ knightandmoskow.com. Membership in the FLS offers you a great way to enhance your practice and to become a more active part of the DCBA! FAMILY LAW SECTION: OFFICERS 2016 CHAIRPERSON Jean Moskow CHAIRPERSON ELECT Patrick T. Daley VICE CHAIRPERSON Mark M. Vakil TREASURER Steven R. Koense SECRETARY Aimee M. Taylor Winter 2016
DELAWARE COUNTY BAR ASSOCIATION YOUNG LAWYERS’ SECTION . . . WHERE 40 IS THE NEW 35!
embership in the Young Lawyers’ Section of the Delaware County Bar Association is now open to anyone 40 years of age or younger. (Previously, the maximum age was 35.) Joining the YLS is great way to network and enjoy the camaraderie of other young attorneys. You can join this great Section if you are 40 or under for the nominal annual dues of $15.00. To join, simply check off the “YLS” section on your dues bill or contact Debby Sulek at firstname.lastname@example.org to arrange to make your YLS dues payment. Not only does the YLS offer excellent networking opportunities, but it also provides members with opportunities to give back to the community. The YLS hosts a variety of events throughout the year such as the Judges’ Cocktail Party in the spring, a Phillies’ Games Tailgate in the summer and a number of happy hours. Additionally, the Section members participate in the Annual Bench Bar Conference each summer by presenting a Continuing Legal Education seminar. The YLS sponsors other great educational programs throughout the year as well. In keeping with its goal of service to the community, the Section sponsors an annual holiday party for underprivileged children and a 5k Run/Walk each fall to benefit the Philadelphia Ronald McDonald House. The Young Lawyers’ Section meets on the first Thursday of every month at 12:30 p.m. Please join the YLS in 2016 on the following dates:
01/07/16 02/04/16 03/03/16 04/07/16 05/05/16 06/02/16
OFFICERS 2016 PRESIDENT VICE PRESIDENT SECRETARY TRESURER
07/07/16 08/04/16 09/01/16 10/06/16 11/03/16 12/01/16
Michael H. Hill, District Attorney’s Office Michael J. Davey Matthew Bilker Gina M. Gerber
PAST PRESIDENT Ryan Grace
18 | Winter 2016
Pictured Left to Right: Ed Pisani, CID Detective; Ryan Grace, Esq.; President Judge Chad F. Kenney; Honorable Spiros E. Angelos; Michael J. Davey, Esq.; and Steven Pacillio, Esq. December, 2015. Young Lawyers’ Section Winter CLE Seminar “SOCIAL MEDIA AND THE LAW” The Young Lawyers’ Section presented its second annual Winter CLE Seminar at the Delaware County Bar Association. This year’s topic was Social Media and the Law. Social media websites and mobile applications have emerged as a major force in the world, affecting everything from personal entertainment to geo-political upheavals. It is now imbued in all facets of the legal system—within practical firm management, substantive evidence gathering, as well as various ethical considerations. It has become essential for attorneys to have a working understanding of social media and its relationship to their legal practice. President Judge Kenney chaired the panel, providing valuable insight from the bench. CID detective Ed Pisani supplied technical expertise, and attorneys Steven Pacillio and Michael J. Davey presented the legal implications and possibilities of various social media. Ryan Grace, Esq., YLS President, 2015, moderated this exciting and informative group.
www.DelcoBar.org You r Com mu nit
y Res our ce for Wh at’s Hap pen ing
DELCO The Official Publication
in Hea lth Car e
for Delaware County Med ical Society (DCMS)
Influenza Seas on is Coming. .. A
re You Prepa red?
The Guy G. deFuria Chapter of the American Inns of Court is a Section of the Delaware County Bar Association which was chartered in 1990 and organized to promote collegiality and excellence in the practice of law. Approximately eighty members of the Inn meet six (6) times each year for dinner and substantive programs at various restaurants in Media. Those interested in joining should express that interest by writing to the President of the chapter. Annual dues are $125.00. Each dinner meeting is Thirty-five Dollars ($35.00) which includes the costs of one (1) CLE credit. The well attended and interesting programs offer the opportunity to ask questions and to share professional experiences and knowledge in a social setting. Officers are elected in May of each year. OFFICERS - 2015-2016 PRESIDENT The Honorable William “Chip” Mackrides VICE PRESIDENT Amber L. Burke, Esquire SECRETARY William L. Baldwin, Esquire TREASURER John Neumann Hickey, Esquire JUDICIAL REPRESENTATIVE Hon. George A. Pagano
FEEL GREAT about your marketing plan... Advertise in DELCO Medicine, the Official Publication of the Delaware County Medical Society!
January, 2016. Members of the Inn gathered at Azie, Media, for a most entertaining CLE Seminar entitled, “Great Movie Trial Scenes: An Ethical and Procedural Analysis – Learning from the Masters of Cinema from Opening to Closing and In Between”. This CLE Seminar, worth 1.0 Ethics credit, reviewed clips from successful legal films and footage of the O.J. Simpson trial where F. Lee Bailey, worked to impeach Detective Fuhrman on cross examination. “Real” Versus “Reel” This well attended and interesting program offered attendees the opportunity to share professional experiences and knowledge as to whether applied tactics in the practice of law are ethical in accordance with the Rules of the Professional Code of Conduct. Does the Defense’s case hold water? Does the lawyer know how to sell the story? Is the witness credible? Judge Cappuzzi offered a catch phrase to be reminded of in an attorney’s opening argument: CASE, SPACE, PACE, MODULATION . . . Know the case; respect the jurors space (5 to 6 feet back from the juror’s box); move the case along at a reasonable pace; modulation, inflection in tone.
Reserve your space today… Karen@Hoffpubs.com
w w w.HOFFPUBS .com Winter 2016
Members & Friends: Please join us on the following dates for the Delaware County Attorney/CPA Forum Meetings, 2016. All meetings will be held at DiFabio’s Market & Tap, located at 1243 N. Providence Road (formerly The Rose Tree Inn). Registration for the buffet breakfast meetings will begin at 7:30 a.m., with the discussion/presentations to begin by 8:10 a.m. 01/13/16 - The Importance of the Tax Return Preparation Interview in Uncovering Fraud (Joint session with the PICPA); Charles Elliott, CPA, CFE, CFF 02/10/16 - Taxaholics Anonymous – Issues for 2016 Tax Filing Season; Jonathan Sokoloff, Esq. & Andrew Brenner, CPA 05/04/16 - Cyber Fraud Overview & Executive Impersonation; M&T Bank 06/01/16 – Lunch - Current Issues with the IRS; Richard Furlong, Jr. 09/07/16 - Topics in Ethics for Attorneys & CPAs; Joseph P. O’Brien, Esq. 10/05/16 - How New Lease Accounting Rules Impact Lease/Buy Decisions; Glenn Madere, Esq. & Lou Battagliese 11/02/16 - Economic Outlook; Sean Clark, Clark Capital (tentative) 12/07/16 – Lunch - State & Local Tax Update with Grant Thornton All of the programs qualify for 1 hour of CPE credit for accountants and 1 hour of CLE credits for attorneys. The programs are approved by the Pennsylvania State BPOA for CPE credits and the Pennsylvania CLE Board for CLE credits. Those attending the sessions can apply for their CLE Certificate at a cost of $1.50 for one credit hour. A dynamic series of events this year has been planned, including a partnership event with the PICPA, an Economic update in November, and annual events with the IRS and Grant Thornton. The primary goal of the Delaware County Attorney/CPA Forum is to expand the membership and such objectives are met by working closely with the Delaware County Bar Association’s Accounting and Law Committee; attendance and participation are welcome from the estate planning, financial and banking community. Note: The Delaware County Bar Association’s Accounting and Law Committee, chaired by Joseph P. O’Brien, Esq., is co-sponsoring these 2016 activities. If you have any questions or need additional information, contact Jim DeLizzio CPA: Email: email@example.com; or Phone: (610) 544-5900.
20 | Winter 2016
EXPUNGEMENT . . .
egal Aid of Southeastern Pennsylvania (LASP) partnered with the Pro Bono Committee of the Delaware County Bar Association to hold a CLE on Expungement practice. 44 people attended the November seminar, (26 of whom were attorneys) to learn about the expungement process. Phillip Rosenthal, Esq., LASP Staff Attorney, and Erica Briant, Esq., Equal Justice Works AmeriCorps Legal Fellow at LASP, provided a detailed explanation of which court records are eligible for expungement and an overview of filing procedures, and reviewed the benefits of having a criminal record expunged. The two attorneys also noted possible future changes to expungement law in Pennsylvania. Hon. Stephanie H. Klein (retired) moderated the event.
Pictured L to R: Phillip Rosenthal, Esq., LASP Staff Attorney; William L. Baldwin, Esq., Executive Director, DCBA; Hon. Stephanie H. Klein (retired); and Erica Briant, Esq., Equal Justice Works AmeriCorps Legal Fellow at LASP.
Submitted by: Barbara Overholser, Communications Manager Legal Aid of Southeastern Pennsylvania (610) 275-5400 ext. 133; firstname.lastname@example.org
The Music Will Last A Little Longer . . . Judicial Retention, 2015 “I was recently reading a book which Judge McEwen lent me about the life and times of William Bulger, a Boston politician. The title of the book was “While the Music Lasts.” As to my time as a Judge of the Delaware County Court of Common Pleas, I am hopeful that with your support and that of the Delaware County Bar Association that the music might last a little longer. Thank you for your continued support.” Judge James F. Nilon, Jr.
udge James F. Nilon, Jr., was elected to a ten-year term on the Delaware County Common Pleas Court on November 8, 2005. In November, 2015, Judge Nilon was retained for a second ten-year term. He is a graduate of Archmere Academy, PMC College and the Delaware Law School of Widener University, where he served as a member of the Law Review and Moot Court Honor Society. He was admitted to the bar in 1978 and was involved in the general practice of law. Prior to his election to the Court of Common Pleas, he served as Magisterial District Judge, Middletown Township, for more than 16 years. He was President of the District Judges’ Association in 2003. Having served in the Family Law Division from 2006 to January, 2008, Judge Nilon presently presides in the Criminal Trial Division.
22 | Winter 2016
udge 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. Prior to joining the Bench, Judge Bradley spent over thirty (30) years in private practice, specializing in litigation, zoning and municipal law and also served as Solicitor for the Upper Darby Zoning Hearing Board for over twenty years. The Judge also taught real estate and insurance law at Philadelphia College of Textile and Science (now Philadelphia University) between 1978 and 1981. The Judge has also taught more recently at Cabrini College. Governor Rendell appointed Judge Bradley for a fouryear term to the Judicial Conduct Board in 2010.
“What Every Defense Attorney Should Know About Delaware County Veterans Court”
December, 2015. Attorneys gathered for a panel discussion to learn who is eligible and how veterans treatment court may help their clients. Panel members for this informative discussion included Supervising Senior Judge Joe Cronin; Assistant District Attorneys Mary Mann and Kimberly Riley; Assistant Public Defenders Robert Lodge and Harris Resnick; Jeffrey Roney, Coordinator Adult Probation; Candace Devlin, Probation Officer; Lilly Thomas, Veterans Justice Outreach, Coatesville VA Center; and several recent Veterans Court graduates.
“Helping a Group of People Who Want Help!” In 2011, Delaware County created Veterans Court. The Court seeks to address the increasing number of veterans entering the criminal justice system after serving our country. Many of these Veterans are suffering from the wounds of combat, including Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The Delaware County Veterans Court’s mission is to provide substance abuse and mental health treatment to the men and women who have honorably served our country while balancing the interest of the community in punishing, rehabilitating and deterring these defendants from committing future crimes. In a collaborative effort with the Office of the District Attorney, defense counsel, Veteran Mentors and the Veterans Administration, the Delaware County Veterans Treatment Court seeks to provide defendants with treatment and services needed to assist them in returning to law abiding and productive lives. Winter 2016
JUDGE JOHN ALOYSIUS REILLY “Send for Reilly”
nd so echoed the command of the Captain of the U.S.S. Wadleigh, a destroyer of the Pacific Fleet, as he sent for our John, who was so very skilled at maneuvering the ship through rough seas, or when coming alongside another ship, or in battle. And now, almost a half century later, heaven has sent for our John - and all of his family and friends know that at the moment of John’s death: God entered a snap judgment, For his immediate admission to the Kingdom of Paradise. *** JUDGE JOHN ALOYSIUS REILLY Husband, father, and friend Sailor, Lawyer, District Attorney, Teacher, Historian, and Common Pleas Court Judge THE EARLY YEARS: The forefathers of John immigrated from that dear isle across the sea, and were themselves descended from that tribe of Celtic warriors who, legend has it, were taller than the Roman spears. John was born in West Philadelphia, the eldest of three boys. Mother and Dad had serious disagreement, and so John, at age 8, found himself in a courtroom, with two younger brothers at his side, looking up at the Judge who scowled: Who do you want to go with? Your mother or your father? How could any kid answer such a question? The stunned silence of the youngsters was met by the Order of Court: Until you make up your mind, you all go to the orphanage! So much for the justice system of that era. NOTE: This Eulogy was published in the Delaware County (Pennsylvania) Report, Volume 76, pages XXV-XXXI (1989). John was sent to one orphanage, while his two younger brothers were sent to another. But John would, on a regular basis, depart without permission, usually in the still of night, always stopping first for his two younger brothers, so that the
24 | Winter 2016
three could escape together. It is said that experience shapes, difficulty molds, and adversity forges. And so we see our John molded and forged. A short time thereafter, the brothers went to live with their father and paternal grandmother, and it was in our Mother of Sorrows Parish in West Philadelphia that John was raised, and graduated from St. Thomas More High School. John left the stage of graduation for the United States Navy, where, at nineteen years of age, he served as navigator for his destroyer, and attained the rank of Quartermaster First Class. He steered his destroyer in the North Atlantic on the Murmansk run, in North Africa during the invasion, and then in the Pacific for the landings upon the Japanese conquered islands. How ironic that on four of the invasions for which his destroyer was a support ship, his brother George, still a teenager, was in the first wave of U.S. Marines to hit the beach. His ship was severely damaged by a mine, but was repaired at Pearl Harbor in time to transport the original documents of the surrender treaty to the U.S.S. Missouri, and remain alongside that mighty warship during the historic treaty formalities. John felt we all owe a great debt to this country, and he was especially grateful to her for the G.I. Bill which enabled him to complete undergraduate studies at Temple University in 1949. The study of law at Temple University Law School from 1949 until 1952 was quite another matter, for only three years on the midnight shift at Abbotts Dairies enabled him to finance his law school studies. HUSBAND AND FATHER: It was in 1956 that John commenced upon the career of husband and father when he made Chester’s own dear Mary Jane Dunne, his precious Jane. Their marriage was blessed with five fine sons: John, and Andy, both members of our Bar, and Jimmy, Matthew, and Patrick, as well as two children who preceded John to heaven, another son, Peter, who died at eleven months of age, and a daughter Megan, who died when two years old. John became, of course, an inveterate chauffeur and cheerleader since his sons were such active athletic participants. THE LAWYER: And it was, as a lawyer, that John undertook to provide for this fine family. First as law clerk to President Judge Henry
G. Sweney, and then in the office of Edward D. McLaughlin, making him a member of an alumni which includes Basil Clare, Don Hamilton, Charlie Keeler, Don Lehrkinder, Joe Mulcahy, Jim McHugh, and Rosemary McMunigal. Next came private practice with Franny Catania, Jimmy Gorbey, and Pete Nolan, and subsequently, commencing in January 1968, appointment as a Deputy District Attorney of Delaware County. It was there he remained for 20 years, six of them as District Attorney, until January, 1988, when he ascended to the Bench, and during those 20 years achieved the respect, admiration, esteem, and friendship of his associates, as well as prominence among prosecutors elsewhere because: He was a superb trial lawyer. He sought the toughest cases. He did not flinch from his duty, even when the most severe penalty of execution was the necessary and appropriate punishment. He established training programs and seminars for lawyers and policemen long before such programs came into fashion, and arranged for participation by such eminent counsel as Dick Sprague and Emmett Fitzpatrick and Chuck Peruto, and even Percy Foreman and F. Lee Bailey.
coln as a young man and lawyer. He was a Civil War scholar, and a principal of the Roundtable, the premier organization of Civil War historians and scholars. He was the motivator and moving force of the effort to erect on the battlefield at Gettysburg a statue of General John Gibbons to commemorate last July 3, the 125th anniversary of that dreadful battle. General Gibbons, and his four brothers, were born in Philadelphia, but raised in the South before attending West Point. Although his four brothers fought for the Confederacy, John Gibbons remained true to the Union, was a combat participant in the Battle of Gettysburg, and was the only Union General to witness Abraham Lincoln’s Gettysburg address. The Commonwealth of Pennsylvania had considered the erection of a statue to General Gibbons, but in 1907 abandoned the plan by reason of budgetary priorities. It was, seventy-seven years later, in 1984 that the Director of Presidential tours at Gettysburg, Colonel John Sheads, suggested to John that the effort be rekindled. Thus, because of John, the installation and dedication of the statue became the feature of last summer’s historic Gettysburg commemoration.
He was Professor of Advanced Criminal Procedure at Widener University School of Law. He established the Delaware County Municipal Police Academy at the Community College, now considered the preeminent police training program in the East. He was a national leader in the assault of the federal government upon motorcycle gangs and his counsel was sought by the United States Senate as that august body sought to address the evil terror of those gangs. The profession of law relies, of course, upon the adversary system, but he had no real adversary. In a profession which depends upon judgment by peers, he had no peer because he was above comparison. He was, simply, a superb lawyer and an outstanding prosecutor. THE MAN: Versatile: He was a student of political lore and legend. He was awarded a Master’s Degree in History from Villanova University. He was a horse breeder and owner, and even became an official of the New Jersey Horsemen’s Association. He had a rare knowledge of the life of President Abraham Lincoln, and was unique in the intensity of his interest in Lin-
continued on page 26
ATTORNEY DISCIPLINARY AND ETHICS MATTERS STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION
Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct
James C. Schwartzman, Esq.
• Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania • Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants Legal Malpractice Law 1818 Market Street, 29th Floor • Philadelphia, PA 19103 (215) 751-2863 Winter 2016
Strength of Character: John did not fall victim to the temptations which afflicted his friends and associates. But not because God made him stronger than his friends and associates. But because he had judged and decided that self-indulgence and excess are weaknesses, and so very trifling, trivial, and temporary in the face of meaningful and significant joy. Patriotism: One reflection of the love of John for his country was his devotion to the flag. While at sea, he was not only responsible for steering the ship, he was also in charge of supplies. It seems, however, that the flag on the destroyer, by reason of its location behind a smokestack, had but a brief life span. Thus, when John’s destroyer would come upon a supply ship and his mates bargained for cigarettes and candy, he would negotiate for a new flag. John would even, once it was night, climb high to replace the newer stars and stripes with a tattered remnant so as to preserve the newer flag for day’s light. He would then return in the early dawn to restore the bolder, brighter banner. Finally, after months of that activity, the ship’s Captain caught him prowling about, and directed that he be confined to the ship for two months - both the Captain and John being well aware that the ship would be at sea and far from any port for several more months than the term of sanction. Loyalty: The Crest of Ignatius of Loyola proclaims: LOYALTY, SERVICE, DEVOTION. One would have to say that of the three, loyalty is the key characteristic. There are, of course, two types of loyalty: Loyalty to one’s own: Family, profession, school, associates. Loyalty to one’s self: As Shakespeare said - “ ... To thine ownself be true, and it must follow, as the night the day, thou cans’t not then be false to any man.” And, of course, John could not be false to any man, and so was very true to the family he cherished, the institutions he loved, and the friends he enjoyed.
Congratulations to Scott Gottel
for being installed as President of the Delaware County Bar Association.
Holsten & Associates Attorneys at law
One Olive Street, Media, PA 19063 610-566-8800 • www.holstenassoc.com 26 | Winter 2016
So embarrassed by his own few flaws, forgiving became his heart, fairness his soul, and loyalty his command. JOHN’S VIEW OF HEAVEN: The mystery of the next life baffles all, but some suspect that John in heaven will first be attracted by certain sounds: The sound of a ball field, not the huge, tiered stadiums of the current age, but a ball field full of kids, with lumpy infield, and no dugout, and burlap for bases - much like the home field of his St. Tommy More High at 44th and Parkside next to the railroad - no wonder St. Tommy had a hard time winning. *** The sound of a debate, where there is no home team, and both sides win, and where the proposition is: How to help. *** The roar of the crowd, with the sport uncertain until he gets closer and hears the thunder of hoofs on the homestretch on a track where every horse comes in first and each sets a record. *** The individual for whom John would early look would likely be St. Thomas More, the patron Saint of Lawyers, and John would likely tell him “you were really something at that trial, how you confounded that fixed court which sentenced you to the scaffold, but I think,” John would say to St. Thomas, “you might have tempered the minor premise when Cromwell was cross-examining you upon the Oath to the King.” To which St. Thomas would very likely say, “John, you are right.” And then, seeing his opening, John would say to St. Thomas, “Can you get me appointed Solicitor to Michael the Archangel, for his legion of Angels are the centurions of heaven, and I know and like and would enjoy association with Heaven’s officers.” And John would likely conclude his request with the observation to St. Thomas that: If you ever need a continuance, or I can help you out, or do you favor ... But St. Thomas would interrupt to say: John, we know your ways well - when we need a boost or a favor, we’ll certainly be in touch. CONCLUSION: The life of John Reilly has been an example and we have been and will be the better for that example. And so it is: That his sincerity lives. That his strength of character lives. That his spirit lives. John, we thank you - and miss you.
Welcome, for the 56th year, to our Veterans Day Parade In Everybody’s Hometown!
eterans of all wars walked together as thousands lined the streets of Media to honor their courage and sacrifice. WE SALUTE YOU. . . This event, again, gave us the opportunity to say “thank you” for all you have done and continue to do for us!
Yes, that is the Delaware County Bar Association’s own Lewis B. Beatty, Jr., a founding partner of the law firm Beatty Lincke, who has practiced law for over 60 years. He is a former President of the Delaware County Bar Association and a former member of the House of Delegates of the Pennsylvania Bar Association. Mr. Beatty served as Chairman of the Board of Directors of Crozer Keystone Health System and as Chairman of the Board of Directors of Delaware County Memorial Hospital. Active in community service, Mr. Beatty served as President of the Board of Directors of Sunnycrest Farm for Boys. He is a member of the Media Rotary Club, the
Swarthmore Presbyterian Church (Trustee, Elder and Deacon), Rose Valley Folk, Valley Voices singing group and the Union League of Philadelphia. Mr. Beatty earned a B.S. in civil engineering from Cornell University and a law degree from the University of Pennsylvania and served in the United States Navy during World War II. A Happy 100th Birthday to World War II Navy veteran and parade Grand Marshal Henry Eugene Vickers, who spent 35 straight days under constant kamikaze attack aboard the USS Paramount. U.S. Rep. Bob Brady, D-1, of Philadelphia, presented a rifle his father captured from a Japanese soldier that was shooting at him on Iwo Jima to Ed Buffman, a World War II veteran and founding member of the Pennsylvania Veterans Museum at 12 State St., Media. Buffman, who was on the U.S.S. Missouri to witness the unconditional surrender of the Japanese to General Douglas McArthur in September, 1945, noted the museum where the rifle will be interred also celebrated its 10-year anniversary that day! The Veterans Museum was founded 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. Highlights and photos of the 2015 Veterans Parade brought to you by Editor Tracy E. Price, DCBA.
The Justinian Society of Delaware County
Annual Dinner Celebration In Everybody’s Hometown! November, 2015. The Justinian Society of Delaware County proudly presented an evening honoring those of Italian American Heritage and their contributions to the legal profession and our community: namely, George Anastasia, Author; and scholarship recipients Leonard B. Altieri, III, Ashley B. DiLiberto, and Laura Rossi. The Justinian Society of Delaware County also bid George Pagano a celebratory Bon Voyage with a donation to support his cross-Atlantic journey in the 2015 Talisker Whiskey Atlantic Challenge, for the benefit of amyotrophic lateral sclerosis (ALS), the illness without a cure commonly referred to as “Lou Gehrig’s Disease.” Gifted vocalist, Carlo Morelli, entertained guests at this year’s celebration. Morelli is described by critics as a cross between a young Sinatra and a latter day Bobby Darin. No stranger to the spotlight, he has shared the stage with celebrities and performed with some of the premiere musicians in the country. Despite changing musical styles and tastes, quality and talent endure! Founded in 1935, the Justinian Society is a legal organization comprised of attorneys, judges and law students of Italianancestry. Justinian Society members celebrate generations of involvement within the legal community; are engaged in activities directed toward fostering a spirit of good fellowship; maintaining honor and dignity of the legal profession; performing civic duties; administering justice; and promoting the study of law. The Society promotes continuing education in law; supports the advancement of qualified and distinguished Justinians in public office; serves the Italian-American legal profession and the community; and strives to uphold a positive image and take action against negative stereotyping against Italian-Americans. “Justinian” by artist, Elizabeth C. Price The original painting was first awarded to Francis G. Pileggi – Founder and First Chancellor, Justinian Society. This year, the Celebration featured Justinian Award Recipient George Anastasia, who was born into an ItalianAmerican family on February 5, 1947, in South Philadelphia, as a grandson of Sicilian immigrants who settled in South Philadelphia. Anastasia is an author/journalist and veteran reporter for The Philadelphia Inquirer. He has
28 | Winter 2016
been described in a 60 Minutes television profile as “one of the most respected crime reporters in the country.” Anastasia is widely considered to be an expert on the American Mafia. His book, “Blood and Honor”, is considered one of the “best gangster books ever written.” Anastasia has won many awards for investigative journalism and magazine writing. He has twice been nominated for a Pulitzer Prize and has won the Sigma Delta Chi Award. Anastasia is a graduate of Dartmouth College (1969) with a B.A. in French Literature. He also studied at Swarthmore College and the University of Florida. Anastasia has served as an adjunct professor/lecturer at Glassboro State College (now Rowan University) and Temple University. He also has been a lecturer for a U.S. State Department-sponsored series of week-long seminars on journalism and organized crime in Bulgaria (2004, 2007), Croatia (2005), Serbia (2006) and Italy (2007). The now retired Philadelphia Inquirer reporter is the author of five books, including “The Last Gangster” (2004), a New York Times bestseller that chronicles the demise of the Philadelphia mob. His other books are “Blood and Honor” (1991); NYT bestseller “The Summer Wind” (1999), about the Thomas Capano - Anne Marie Fahey murder case; “The Goodfella Tapes” (1998); and “Mobfather” (1993). His work has appeared in Penthouse, Playboy and The Village Voice. He also has been featured on several network television news magazine reports about organized crime and has worked as a consultant on projects for ABC, the Discovery Channel, the History Channel and National Geographic. Anastasia is also the author of a novella, The Big Hustle (2001), and has contributed to two anthologies of Italian-American writers, “A Sitdown with the Sopranos” and “Don’t Tell Momma.” “Mob Files,” an anthology of articles he wrote for The Philadelphia Inquirer, was published in September, 2008, by Camino Books. If any members were unable to attend the Celebration and wish to purchase a copy of any one of Mr. Anastasia’s books, signed and sold at a discounted price for DCBA members, please contact Tracy Price at the Delaware County Bar Association, (610) 566-6625 ext. 225; Albert M. Greto, Esq., Chancellor, Justinian Society at (610) 891-9900; or Alexander D. DiSanti, Esq., Treasurer, Justinian Society, at (610) 627-1700. Signed copies of George Anastasia’s books, will be available at a Wine & Cheese Event to be announced soon . . . Look for details! The Justinian Society presented scholarship awards to: Leonard B. Altieri, III, West Chester University of Pennsylvania, B.A., Political Science and Latin American Studies, May, 2012; Drexel University Thomas R. Kline School of Law, Candidate for Juris Doctor, May, 2016.
www.DelcoBar.org Ashley B. DiLiberto, B.S., Public Health, University of South Carolina, December, 2012; Study-Abroad Program, Florence University of the Arts, Italy; at present, a third year, full-time student, of Delaware Law School at Widener University. Laura Rossi, B.A. History, Political Science, and Art History, Rutgers University; Master of Arts, Cultural Heritage Management and Historic Preservation Studies, Rutgers University Graduate School; Candidate for Juris Doctor, Rutgers School of Law, May, 2016.
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... Pictured left to right - Ashley B. DiLiberto; Albert M. Greto, Esq., Leonard B. Altieri, III And last, but certainly not least, the Celebration included a special recognition of George Pagano, who with a partner, rowed in a cross-Atlantic journey in the 2015 Talisker Whiskey Atlantic Challenge to benefit amyotrophic lateral sclerosis (ALS), the illness without a cure commonly referred to as “Lou Gehrig’s Disease.” The Atlantic Challenge is viewed as one of the world’s toughest endurance races, a 2,700 mile race from the Canary Islands to Antigua.
Advertise in DELCO re:View, the Official Publication of the Delaware County Bar Association!
Pictured left to right - Albert M. Greto, Esq., George Pagano, Mary Emily Pagano, Honorable George A. Pagano The Justinian Society of Delaware County Officers: Albert M. Greto, Esq., Chancellor Roseann Termini, Vice-Chancellor Nancy C. DeMis, Esq., Secretary Alexander D. DiSanti, Esq., Treasurer
Reserve your space today… Karen@Hoffpubs.com
w w w.HOFFPUBS .co m Winter 2016
W R E ATHS AC ROSS A M ER IC A The mission of Wreaths Across America (Remember, Honor, Teach) is carried out in part by coordinating wreath laying ceremonies on a specified Saturday in December at Arlington, as well as veterans’ cemeteries and other locations in all 50 states and beyond. A week of events is organized including international veteran’s tributes, ceremonies at State Houses, and a week-long “Veteran’s Parade” between Maine and Virginia. This week of events is made possible by thousands of volunteers who organize local ceremonies, raise funds to sponsor wreaths, and participate in the events. There is no government funding, as the cost of the programs is paid by individual wreaths sponsors, corporate donors and volunteer truckers. Wreaths Across America also coordinates veteran services and recognition through a variety of programs, and provides schools with teaching aides for projects throughout the year. Wreaths Across America Message: The importance of remembering our fallen heroes, honoring those who serve, and teaching our children about the sacrifices made by veterans and their families to preserve our freedoms. www.wreathsacrossamerica.org December, 2015. The Delaware County Veterans Memorial Presents Wreaths Across America: Sponsored by Delaware County Veterans Alliance; Delco Business & Professional Women’s Club; Delaware County Historical Society. Wreaths were placed on the Delaware County Veterans Memorial as part of the national event. This year, women who served were honored, and they placed wreaths at each pillar of the memorial, which represents the various wars in U.S. history. The mission of Wreaths Across America, to remember, honor and teach, coincides with that of the Delaware County Veterans Memorial Association, which is committed to education at the memorial. The wreaths for this ceremony were donated by Delaware County Business and Professional Women (BPW) Club as a way to emphasize the impact women have made in the military.
30 | Winter 2016
DCVMA BOARD OF DIRECTORS Guy Fizzano, US Army (Ret.); President, DCVMA; First Lieutenant, US Army Corps of Engineers. Tonya Rieco, Esq., Board Secretary, DCVMA Nick DeBenedictis, Chairman of Aqua America, Inc.; Captain, US Army Corps of Engineers Nicole de Botton Robinson, Real Estate & Management; A Founding Member of Ashley’s Angels Joseph Daly, Springfield Township Police Dept.; US MARINE CORPS Veteran Mike Holloway, President of GMH Ventures in Newtown Square, PA. Honorable Nick Miccarelli, PA House of Representatives; Infantryman, US Army Dennis Murphy, US Army Veteran; V.P. of Enrollment & Student Affairs, Rosemont University Benjamin Napier, US Army Veteran; Commander of Broomall VFW Post; Unified Communications Solution Engineer for IR Prognosis. ADVISORY BOARD Hon. Arlin M. Adams (Ret.) US Navy Veteran Carmen P. Belefonte, Esq., US Army Veteran; Saltz, Mongeluzzi, Barrett & Bendesky Mario Civera, US Air Force Veteran; Delaware County Council Sam Coco, US Army Air Corp Veteran Pam Mariani, Edgmont Country Club Joe McGinn, US Army Veteran; Sheriff, Delaware County HONORARY BOARD Mrs. James D. Fordyce, Gold Star Mother Governor Tom Ridge, US Army Veteran; Ridge Global David Videon, Esq.; US Navy Veteran *Anthony Fizzano, Sr. FOUNDING MEMBERS Claude de Botton, Land Donor Linda Houldin, Delco Historical Society Charles P. Sexton, Jr. [Honorary]; US Marine Corps Veteran *Steve Neri, US Marine Corps Veteran *Stan Short, US Marine Corps Veteran Veteran Organizations American Legion Post 805 – Represented by Past Commander Jerry Sweeley Veterans of Foreign Wars Post 7390 – Represented by *Barry Reese MCL Gen. Smedley D. Butler DET 741 – Represented by Bill Kinney *In Memoriam
A DECADE OF VIOLENCE
SUPPORT DAP . . . In seeking safety and justice for all!
rom 2004 to the present, Pennsylvania has recorded 1,678 domestic violence related deaths. Those who lost their lives were women, children, and men of all ages and socio-economic groups. Since 2004, Delaware County ranked third for the highest domestic violence related deaths. There are proven programs and services which mitigate risks and reduce injury and death for victims. Last year alone . . . The Domestic Abuse Project of Delaware County, Inc. (“DAP) served 3,796 victims from the 49 townships and boroughs of Delaware County their last fiscal year ending June 30, 2015.
DAP counselors, attorneys, volunteers and interns: • • • • • • • • •
Provided 3,837 counseling and advocacy hours to 3,796 victims Assisted 4,455 callers on DAP’s 24/7 Emergency Hotline Provided 4,025 nights of emergency shelter to 66 women and 88 children Made 319 court appearances for clients seeking temporary and final protection from abuse orders and provided on-site counseling at PFA court for 108 victims Assisted 436 victims at the County’s 35 district courts at preliminary criminal hearings involving their abusers Provided DAP’s specialized Economic Empowerment Program to 210 victims Outreached with formal trainings in the schools to 1,582 students and faculty Offered 27 specialized domestic violence trainings for 390 healthcare professionals and 4 community based trainings teaching 313 individuals DAP’s Police Liaisons trained 102 police officers at 23 weekly roll-call trainings
Support the mission and help DAP empower victims to become survivors. The ability to offer core life-saving emergency services is increasingly dependent upon private support from donors. Support enables victims to reach violence-free lives and contributes to the safety of the community. DAP, 14 West Second Street, Media PA 19063 Phone: (610)-565-6272; Fax (610)565-9911 www.dapdc.org Hotline (610)565-4590 Nana’s Attic - A Thrift Store benefiting The Domestic Abuse Project of Delaware County, Inc., Lawrence Park Shopping Center, 1991 Sproul Road, Broomall, PA. Phone: (610)325-0768. Store Hours: 9 a.m. to 5 p.m., Monday through Saturday, and 12 Noon to 5 p.m. on Sundays. Donations received at the back entrance from 11 a.m. to 3 p.m. Domestic Abuse Project of Delaware County, Inc. Board of Directors Executive Committee Mary V. Z. Wachterhauser, Esq., President Mary P. Capuzzi, Vice President Joseph D. Battaglini, CPA, CFP, Treasurer Barbara L. Pollarine, Secretary Hon. Stephanie H. Klein (Ret.), Assistant Treasurer Tamela M. Luce, Assistant Secretary Members Emeritus Members Shelley C. Dugan, Esq. Kelly D. Colvin, MGA Kathleen D. Gaval, Ed.D. John R. Donaphon, CPA, MBA Hon. Jack D. Lippart Chief Thomas J. Murray, Jr. Vicki L. Kushto, Esq. Kathleen A. Piperno, Esq. Lyn B. Schoenfeld, Esq.
PHILADELPHIA AREA SPECIAL NEEDS TEACHER DISCOVERS KEY TO UNLOCK BEHAVIORAL MODIFICATION TECHNIQUES By Lorraine Ranalli, Program Manager Franklin Mint Federal Credit Union
Dan Arrison and Mike Pagano build Legos with Grace Park Elementary School Students
o one likes getting called to the Principal’s Office, not even teachers. Ridley School District Special Needs Instructor Dan Arrison is no exception. When Dave DeYulis, Principal of Grace Park Elementary School, said he needed to speak with Dan, Dan’s immediate reaction was “uh oh.” That changed, however, when Dan learned he had been nominated and won Delaware County Excellence in Teaching, which is awarded annually to 19 outstanding educators by Franklin Mint Federal Credit Union (FMFCU) Partners in Education. Designees are presented $500 and a commemorative keepsake and their school receives $1,000. Dan shared the news with his wife but no one else until the notion that this might have been a practical joke was replaced with affirmation in the form of an announcement at school and a Resolution by the Borough of Eddystone, PA. “I felt an immense sense of pride,” Dan said. “The award has motivated me to want to be even more effective. I want to live up to the honor bestowed upon me.” Dan works with students to develop strategies for controlling emotions. Some of his students are on the autism spectrum, some have ADHD, and some simply have trouble regulating their emotions. By all accounts Dan has an innate ability to motivate and engage students, he infuses humor and calmness into the classroom, and his technique is quite successful. How he and Grace Park made use of the award is equally remarkable. They honed in on a Lego Club started by school behaviorist Mike Pagano, who had been searching for a means to purchase additional Lego sets. The award enabled Grace Park to purchase about a dozen sets of varying sizes, including architecture sets. While Mike’s club meets once a week, Dan uses Legos daily as a motivational tool in his kindergarten and first grade special needs classes. The idea to incorporate the timeless building blocks into his class was borne of a prior year student’s fascination with all things related to the Titanic. His passion rubbed off on his classmates and all became extremely enthusiastic after the classroom’s paraprofessional shared a video of a child using Legos to create a replica of the Titanic. Recognizing the opportunity before him, Dan got to work on a classroom plan. His students select famous places they want to learn about, and then set a goal for earning building time. Students can earn up to ten minutes of class time twice a day. As they work through their academic tasks, the class discusses their group plan and expected behaviors that must be demonstrated to earn building time. Results have exceeded expectations. Dan said some disruption is expected during an emotional support class but ever since implementing the Lego building project, disruptions have been
32 | Winter 2016
incidental and easily redirected, resulting in an increase in individualized and small group instruction. Students involved with Legos are working at or near grade level in Math and Reading. “Behaviorally, the kids are making massive growth to the point they are increasing their time spent in regular education classes and decreasing the frequency of adult intervention needed to redirect their behavior,” Dan said. Research linking the therapeutic value of Legos and its effect on behavior challenges supports Dan’s Lego building project but the best evidence would come from experience. Case in Point Several success stories affirm the direction of the Lego building program. In one case, a boy who had loud tantrums several times a week has learned to modify his behavior so that his reactions fit the size of the problem. His self-regulating has enabled him to increase his mainstream instructional time. He really wants to build and knows he needs to stay calm to earn the privilege. The Lego program has reinforced calm behavior in another student who had significant anxiety, giving him confidence to socialize with his peers. Building time was also created for an older, more challenging student that struggled with peer-to-peer relationships; therefore, a social component was worked into his plan. Each time he completed his work without distracting the class, he was able to invite a friend to build with him. The pro-social dynamic motivated him to think about his work during the school day. Parents’ reactions are priceless. Dan’s already dynamic classroom has removed the stigma surrounding full time emotional support. “After spending an hour in our classroom, a parent expressed that ours exceeded expectations and that the children seemed just like any other kindergarten or first graders,” he said. The project is also a springboard at home for conversations about school. Parents told Dan their children readily talked about the places they built, leading to discussions about what they did to earn building time.
Excellence in Teaching—Recognized and Encouraged
A year after receiving the Delaware County Excellence in Teaching Award, Dan remains humble about his achievement. He is inspired by his students and eager to share his classroom experience with other special needs educators. Franklin Mint Federal Credit Union, the Delaware County Intermediate Unit, The Delaware County Daily Times, and all supporters of Partners in Education are inspired by Dan and all the extraordinary teachers who make a difference in the lives of children, their families, and the community at large. The 2016 Delaware County Excellence in Teaching Award winners will be announced April 28 at the annual Partners in Education Celebration at Drexelbrook Corporate Events Center. More than 600 educators, administrators, students, parents, and Credit Union associates are expected to attend. Sponsorship opportunities are still available. Contact LorraineR@fmfcu.org or visit fmfcufoundation.org/contact for more information.
THE GEEZERS 25th ANNUAL DINNER Friendship cheers the faint and weary, Makes the timid spirit brave, Warns the erring, lights the dreary, Smooths the passage to the grave. October, 2015. A GEEZER is an attorney who has been a member of the Delaware County Bar Association for more than 25 years. Annually, the Geezers join for dinner at Aronimink Golf Club, and all eligible “Geezers” are invited to attend to honor a Geezer and a Golden Geezer. In 2015, the Geezers welcomed the class of 1989 and honored Courthouse Geezer, John McKeever; and the Golden Geezer, Vram Nedurian. Attendees were entertained with reflections and reminiscences by Michael Walsh, Sheriff of New Castle County, Delaware. COURTHOUSE GEEZER, 2015 . . . John McKeever, Court Liaison, Multi-County, Domestic Relations & Family Court Pictured (L to R): John McKeever; Honorable Barry C. Dozor; Honorable Gregory M. Mallon John M. McKeever, Supervisor/Court Liaison, Delaware County Domestic Relations – “I am humbled by the award, and very proud to accept. As I am reminded by my father; “Life itself is a race, marked by a start, and a finish. It is what we learn during the race, and how we apply it, that determines whether our participation has had particular value. If we learn from each success, and each failure, and improve ourselves through the process, then, at the end, we will have fulfilled our potential and performed well. I most enjoy the inter-action with all of my co-workers, as we all strive to make a difference in the lives of children.” GOLDEN GEEZER, 2015 . . . Vram “Ned” Nedurian, Assistant District Attorney, Delaware County Golden Geezer Vram “Ned”
Nedurian, Assistant District Attorney in Delaware County, celebrated 50 years of service with the District Attorney’s Office in 2014. In 2015, he earned the prestigious title of “Golden Geezer.” Pictured here with District Attorney John J. Whelan, he accepts a token of appreciation, an official monogrammed, District Attorney Jacket, designed especially for “Ned.” A West Philadelphia High School graduate, Nedurian served with the Ninth Infantry Division in World War II and was wounded in the Battle of the Bulge. He and three other men were carrying a wounded comrade on a stretcher when a German shell hit in the trees above them; Nedurian suffered a shrapnel wound near his heart; he was the only one to survive. After the war, he graduated from the University of Pennsylvania’s Wharton School in 1946 and Dickinson School of Law in 1950. He worked in private practice and served as a district judge in Newtown Square. On March 2, 1964, he was appointed to the Office of the District Attorney and has since worked for ten different district attorneys at the Courthouse in Media, PA. We salute you Ned . . . Nedurian’s colleagues have for years, marveled at his efficiency and expertise, but what is perhaps most remarkable about him is his performance, he is truly golden at the age of 91! Nedurian presently works in the appeals division and is most likely the only District Attorney in the state that has served for 50+ years; having no plans to retire in the near future. Past “Geezer” Honorees: Hugh Bonner Charles Rankin Joseph Diamond Basil Clare Warren Higgins Lew Beatty Bud Carey Jim Shea Vince LaBrasca Charles Mayer Donald Lehrkinder Ed Harvey Hon. Robert Wright Angelo DiPasqua Hon. Murray S. Eckell David Hennessy The Geezer Committee Robert E.J. Curran Raymond J. Peppelman, Jr.
Walter ReDavid Marty Duus Paul VanDyke Donald Sparks Harry F. Dunn, Jr. Samuel Blank William C. Archbold, Jr.
Michael L. Murphy Harry F. Spiess, Jr. Winter 2016
The “Cranial Quest: Rowing for a Change”
fter 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. “My family was very supportive of me doing this,” Pagano said in an email. “My friends were more hesitant because of the overwhelming nature of the challenge.” He said the two now hold the world record for a mixed pair, a woman and man, crossing from the Canary Islands to Antigua. They beat the previous record by more than two days, he said. Prior to departure, Miller and Pagano traveled to Teignmouth, England, for ocean rowing certification. There they trained in sea survival, first aid at sea and astronavigation. Miller and Pagano participated in the rowing club at UNL. They trained on indoor rowing machines, ran and lifted weights. “George put on 30 (pounds) because he knew he would be losing weight during the race,” Pagano’s sister Mary Emily Pagano said in an email. She headed communication for the team while they were competing. The start of the race was delayed due to bad weather, causing George Pagano anxiety and excitement. A typical day for Miller and Pagano was waking up 15 to 20 minutes before their rowing shift started, having something to eat, putting on sunscreen and rowing clothes and brushing their teeth before switching shifts. Typically they repeated this four times per day. The team rowed (three) hours on (three) hours off the entire time. Miller and Pagano listened to Spotify for the majority of their trip. After 12 hours of rowing, they would clean, eat, do maintenance checks of the boat, and then go to bed. The team completed the race with only a few obstacles. “A fishing vessel got extremely close to us in the middle of the night,” Pagano said. “It didn’t respond to the radio call that we gave, but eventually it altered its course.” Miller and Pagano
34 | Winter 2016
experienced a few lightening storms they had to wait out. In an interesting twist that neither the weather forecasting gods could have foreseen nor Oscar nominated directors could have imagined, the storm that all of the boats had to endure for over 72 hours had become Tropical Storm Alex, that is Caitlin’s dad’s name! One would have thought hurricane season was over, and it was, this was the first hurricane to develop in the Atlantic Ocean since 1938. (Source: National Oceanic and Atmospheric Administration (NOAA)). Only three Atlantic hurricanes have ever been recorded in January. Favorite memories at sea included a whale jumping out of the water and flopping on its back. The team also saw a lot of fish, birds and a shark. The starry nights were amazing. Miller and Pagano both brought 70 days worth of food and snacks. “We lost about 8,000 calories per day so we had to make sure to consume at least 5,000 each day,” Pagano said. They had a satellite phone and a two-way satellite text messaging device to communicate with loved ones but despite having the devices, they rarely spoke with their families. Rowing across the Atlantic wasn’t cheap. The boat costs about $120,000. With supplies, shipping, communication devices, race fees and taxes, costs totaled just under $200,000. Miller and Pagano formed a partnership with the Philadelphiabased Urban Affairs Coalition as the team’s sponsor. In addition to funding the trip, the pair raised money for a cause close to their hearts. The goal was to raise $50,000 for the ALS Association Greater Philadelphia Chapter in honor of Pagano’s grandfather who died of the disease in 2003. They have not calculated the funds as of yet but they continue to accept donations. Miller said she believes the pair raised close to $40,000. Miller currently holds a degree in environmental restoration science and plans to eventually attend graduate school. Pagano plans to attend law school in a year and a half. Miller and Pagano both want to compete in another race sometime in the future. “It was truly an amazing experience,” Pagano said.
If you wish to donate to the cause . . . Visit http://www.thecranialquest.com/donate
YLS . . . Acting Locally for Comfort & Hope
n February 18, 2016, the Young Lawyers’ Section (“YLS”) of the Delaware County Bar Association was honored for its contributions to the Philadelphia Ronald McDonald House (RMH). Each year, the YLS holds its “5K Run for the House”, and all proceeds from the event are donated to the organization. For its ongoing support, a room at the RMH facility has been named in honor of the YLS. The next “5K Run for the House” will be held in the fall of 2016, and more details will follow in subsequent issues of the Delco re:View. MISSION & VISION The Ronald McDonald House Thinking globally, acting locally to provide resources for children and their families Accepting a recognition award from the Ronald McDonald House, Pictured Ryan Grace, Esq., 2015 Young Lawyers’ Section President (left) and Michael H. Hill, Esq., 2016 Young Lawyers’ Section President
LIGHT AND WARMTH FOR THE HOLIDAY SEASON A Rarity . . . On Christmas Day
Santa and his reindeer had some extra light by which to navigate the sky this Christmas. The last of the year and closest to the winter solstice, the full cold moon or the long night moon of December, 2015, peaked Friday morning, the 25th, at 6:11 a.m. EST. We have not had this gift of light since 1977, as this was the last time a full moon occurred on Christmas and according to astronomers, this rare event will not happen again until 2034.
In the North Pole
In addition to extra light to navigate the sky this year, Santa experienced rare warmth in his workshop at the North Pole. The sun has not risen above the North Pole since mid-September. The sea ice has been bathed in darkness for months. But as the new year approached, something extraordinary happened: Air temperatures at the Earth’s most northerly region, in the middle of winter, rose above freezing for only the second time on record. The North Pole witnessed temperatures of about 35 degrees Fahrenheit; that is 50 degrees hotter than the average temperature (20 degrees Fahrenheit below zero) there at this time of year! When the Cold Moon coincides with Christmas Day, this time of giving, charity, and goodwill, it is important that we cherish the sources of warmth and light in our lives; specifically, the comfort of friends and family. Together, we celebrate; we reflect and resolve for the new year ahead, as the coming of the New Year has been celebrated the world over on January 1 and the festivity dates back over 4,000 years to Mesopotamia. Julius Caesar created a calendar with January 1 as the first day of the year to honor Janus, the god with two faces, one looking forward and one looking backward. The Very Best To All . . . Tracy E. Price, Editor Winter 2016
BUDWEISER CHOOSES EVERYONEâ&#x20AC;&#x2122;S HOMETOWN By Tracy E. Price, Editor
December, 2015. In all of my years as a resident of Media, I have never witnessed such a large gathering. According to a count by drones, approximately 20,000 spectators gathered on an unseasonably warm day in December with hopes of getting up close and personal with the majestic Budweiser Clydesdales which paraded down State Street. The event was made possible by Budweiser (Gretz Beer), Media Business Authority, Media Police & Media Fire Company and Media Borough. Holiday festivities in the borough . . . The Clydesdales in full regalia certainly brought about the wow effect! Their size, grooming and behavior with crowds make them an exciting experience for spectators of all ages. To qualify for one of the traveling hitches, a Budweiser Clydesdale must be a gelding at least four years of age, stand 72 inches at the shoulder when fully mature, weigh between 1,800 and 2,300 pounds, have a bay coat, four white legs, a white blaze, and a black mane and tail. The hitches, a team of 8 horses, led by Santa on a vintage fire truck, pulled the meticulously restored, turn-of-the-century beer wagon. A Dalmatian was perched atop the wagon, proudly seated next to the driver. Dalmatians have traveled with the Clydesdale hitch since the 1950s. The breed has long been associated with horses and valued for their speed, endurance, and dependable nature. Dalmatians were known as coach dogs because they ran between the wheels of coaches or carriages and were companions to the horses. The Budweiser Clydesdales were first introduced to the public on April 7, 1933, to celebrate the repeal of Prohibition. August A. Busch, Jr. presented the hitch as a gift to his father, August Anheuser Busch, Sr., who was hoaxed outside of the brewery having been told that his son bought him a car. Instead, he was greeted by the horses, pulling a red, white and gold beer wagon. The hitch proceeded to carry the first case of post-Prohibition beer from the St. Louis brewery in a special journey down Pestalozzi Street in St. Louis.
36 | Winter 2016
Recognizing the advertising and promotional potential of a horse-drawn beer wagon, Busch, Sr. had the team sent by rail to New York City, where it picked up two cases of Budweiser beer at New Jerseyâ&#x20AC;&#x2122;s Newark Airport, and presented it to Al Smith, former governor of New York, who was an instrumental force in the repeal of Prohibition. From there, the Clydesdales continued on a tour of New England and the Mid-Atlantic States, a journey that included the delivery of a case of beer to President Franklin D. Roosevelt at the White House. The official home of the Budweiser Clydesdales is an ornate brick and stained-glass stable built in 1885 on the historic 100-acre Anheuser-Busch brewery complex in St. Louis. The building is one of three located on the brewery grounds that are registered as historic landmarks by the federal government. Assorted Clydesdales are also used as animal actors in television commercials for Budweiser beer, particularly in Super Bowl ads. Television advertising featuring the Budweiser Clydesdales has been a longstanding Super Bowl tradition, beginning with an ad during Super Bowl XX in 1986.
DON’T BE AN ANGRY BIRD . . . BE A NUTCRACKER!! By Tracy E. Price, Editor
“Angry Bird” pictured above, Will Lochetto (Editor’s son) and I (your Editor), below, as a “True Bird” in my Dad’s 1974 lucky Eagles hat & Bednarik “Concrete Charlie” jersey! I was fortunate to have had the opportunity to attend a couple of the Eagles home games this past season. My particular favorite was that on October 11, 2015, when the Eagles beat the New Orleans Saints 39-17. I won the tickets at the DCBA/Family Law Fundraiser as the highest bidder in the silent auction to benefit the Domestic Abuse Project; my thanks to Amanda Konyk for donating these tickets for such a good cause. Honestly, I had not been to an Eagles home game since they played at the Vet under Buddy Ryan; only on two occasions had I seen them play under Coach Andy Reid, both in Dallas of all places! The tailgating was as grand as ever, although I still prefer the Vet to the Linc, and I loved “Buddy Ball!” Just like my Dad used to say . . . “Whether or not you like Buddy Ryan, whether the Eagles win or lose, you’re going to see a good game!” So true in the day, as to now, you never knew what you were going to get under Chip Kelly. You more often than not left an “Angry Bird.” After the Eagles’ debacle of a playoff-hopes-ending-loss to the Washington Redskins the day after Christmas, an Eagles fan, like many, known for confrontational fanaticism, took to social media and posted that the Eagles had “played like they were wearing tutus!!!” What may have seemed like an average put down to most, proved to be not so to the Pennsylvania Ballet, a company full of fiercely competitive dancers who perform in tutus. A clever response from the Ballet, which turned into a promotional plus, gave reason as to why one should attend the Nutcracker now that the Eagles’ season had ended . . . Ballet to the Eagles: Maybe you would be in the Playoffs if you played like us! I referred to the site http://www.paballet.org/ to find that those in tutus in the Pennsylvania Ballet performed The Nutcracker 27 times in 21 days. Some who had performed the Snow scene and the Waltz of the Flowers did so without
an understudy or second cast. There was no ‘second string’ to relieve them when they needed a break. When they are sick, they report to the theater, they put on their make-up and costumes, they smile and perform. When they are injured in the middle of a show there are no timeouts. They smile, finish their job, bow, leave the stage, and then dealt with the injury. Some of these tutu wearers have been tossed into a new position with only a moments’ notice. That is like a cornerback being told at halftime that they are going to play wide receiver for the second half, but they need to make sure that no one can tell they have never played wide receiver before. Company dancers practice 6 hours a day; they perform with vigor, artistry and grace. Year after year they please audience after audience; there are no “Boo Birds” at the Academy! First a Mystery . . . Now History Hey Shady, Chip can shake, on a new deal that is . . . “Former” Philadelphia Eagles coach (2013 to 2015), Chip Kelly, after having been released by the Eagles in December, has been named the head football coach for the San Francisco 49ers of the National Football League. On this shake, Chip Kelly, as the San Francisco 49ers’ head coach, is going to have to orchestrate the rebuild of a 5-11 team and decide on a starting quarterback; all while participating in arguably the most competitive division in the NFL. Back to the past to move into the future . . . Kansas City offensive coordinator Doug Pederson is now head football coach for the Philadelphia Eagles. Pederson is a former journeyman quarterback who played and coached in Philadelphia during Andy Reid’s 14-year reign that produced six division titles, five NFC championship game appearances and one Super Bowl run. Fly, Eagles fly, on the road to victory, Fight Eagles fight, score a touchdown one-two-three. Hit ‘em low Hit ‘em high, And watch our Eagles fly. Fly, Eagles fly, on the road to victory! E-A-G-L-E-S, Eagles! Winter 2016
So Long Babe... By Tracy E. Price, Editor
January, 2016. Media, Pennsylvania, bids farewell to the Towne House, a Delaware Valley dining landmark known to generations for quality food and fine spirits at affordable prices in a unique, home-style, comfortable setting. The Towne House was founded in 1951 by Silvio “Babe” D’Ignazio. Who would have thought that first row home in Media Babe purchased would have had the impact it did in Media? It was just one small row house at the time, but new rooms were added over the years until the Towne House became what it is was in its time. Babe built a bar with twelve stools and a few tables and called it the Towne House. The grand opening of this “shot and a beer” place lasted for two days in February, 1951. Two months later, Babe was called to active duty serving in the 111th Fighter Wing; a unit dedicated to providing protection of life, property, and the preservation of peace when tasked to do so by state or federal authorities. Upon his return home, and as more people moved into town, Babe purchased the two adjoining row homes to create additional rooms to better serve his customers. Despite a fire in 1960, he rebuilt and opened one of the most iconic landmarks in Media, PA. Babe’s family has recounted on several occasions over the years, Babe’s desire to invest in real estate, establish himself as a business man and be the forerunner in a perpetual “treasure hunt” for pieces which would adorn his properties for many years to come. His collection would eventually fill every room, each source as special as the piece itself. The restaurant felt more like a museum. Babe wanted it to be interesting, and he wanted the pieces that adorned each room to invite conversation, invoke a fond memory, and tell a story. Many
38 | Winter 2016
of the collectibles that lined the shelves, the walls and ceiling, were gathered through his travels; a perpetual search for a piece of Americana! He was famous for collecting pearls of wisdom as well. He instilled his spirit in patrons, employees, friends and family; each was special. And for this, the Towne House was special to so many, for so long. Bittersweet . . . The sound of dishes and footsteps racing to serve customers are gone. There are no peanut shells on the floor. There are family mementos, Tiffany lamps, lanterns, hats, ice skates, a barber shop pole, saddles, anvils, mounted deer heads, dolls from around the world, cigar store Indians and paintings; all have found a new home, as all have sold on the auction block through Briggs Auction, Inc. The Towne House was such an iconic place, filled with so many memories. The auction provided a great opportunity to own something that you looked at while having dinner or sitting at the bar at the Towne House over the years. I personally spent the entire 2 days at the auction, I didn’t get everything I wanted, but enough to cherish and treasure from the local experience I enjoyed for so many years with my family and members of the Delaware County Bar Association. How do you put a price on sentimental value? I was fortunate to witness probably the most exciting bidding war, that for the Santa and his reindeer that adorned the roof top of the Towne House for so many years. I can tell you this, the bidders were quite sentimental and it is with hopes, that one day, we will again have the experience of viewing this iconic piece upon the roof top of yet another place to call a home away from home!
Richard Elliot Kim Simmonds & Savoy Brown
East Bay Soul
April 1-10, 2016 Reading, PA
Spend 10 jazz- and blues-filled days and nights in the Greater Reading area! Over 120 scheduled events, plus great shopping and dining in one area, make the 25th annual Boscov’s Berks Jazz Fest your perfect spring getaway. For tickets, call Ticketmaster toll free at 1-800-745-3000 or visit www.ticketmaster.com to order online. CHICK COREA & BÉLA FLECK • THE SUMMIT: THE MANHATTAN TRANSFER & TAKE 6 • KEB’ MO’ WITH SPECIAL GUEST GERALD ALBRIGHT • MAVIS STAPLES BONEY JAMES • RICHARD ELLIOT WITH SPECIAL GUEST BOBBY CALDWELL • PHIL PERRY & HOWARD HEWETT • NAJEE FEATURING CHANTE MOORE, NICK COLIONNE THE RIPPINGTONS FEATURING RUSS FREEMAN • JOEY ALEXANDER TRIO • GOSPEL ACCORDING TO JAZZ CELEBRATION: KIRK WHALUM, DONNIE MCCLURKIN, JONATHAN BUTLER, KEVIN WHALUM, JOHN STODDART, DOXA GOSPEL ENSEMBLE • JACKIEM JOYNER & SELINA ALBRIGHT • KEIKO MATSUI • BWB: RICK BRAUN, KIRK WHALUM, NORMAN BROWN • MICHAEL LINGTON FEATURING TAYLOR DAYNE • JAZZ FUNK SOUL: CHUCK LOEB, EVERETTE HARP, JEFF LORBER • ROBBEN FORD • JAZZ MEETS JAMES: NICK COLIONNE, KIM WATERS, ERIC DARIUS, MARION MEADOWS, JEFF BRADSHAW, JEANETTE HARRIS, JAY ROWE • BRIAN BROMBERG BAND WITH THE BERKS HORNS FOUR80EAST FEATURING MATT MARSHAK, ART SHERROD • POPA CHUBBY • PIECES OF A DREAM • GREG ADAMS & EAST BAY SOUL • DAVID BROMBERG BIG BAND BLIND BOY PAXTON • KIM SIMMONDS & SAVOY BROWN • ERIC MARIENTHAL • ANDY SNITZER • GERALD VEASLEY & FRIENDS FEATURING BOBBY LYLE, NELSON RANGELL, CHIELI MINUCCI • THE MUSIC OF DAVE BRUBECK: BRUBECK BROTHERS QUARTET AND THE READING POPS ORCHESTRA • CRAIG THATCHER BAND & FRIENDS • THE ROYAL SCAM SHERRIE MARICLE & FIVE PLAY • LIVE AT THE FILLMORE: TRIBUTE TO THE ORIGINAL ALLMAN BROTHERS • ZOE’ • DAVID P STEVENS & DEE LUCAS • ERICH CAWALLA QUARTET FEATURING BENNIE SIMS, CLIFF STARKEY, MARKO MARCINKO • DEVON ALLMAN BAND • PHILADELPHIA FUNK AUTHORITY • THE ORIGINAL GROOVEMASTERS & FRIENDS • UPTOWN BAND FEATURING ERICH CAWALLA & JENIFER KINDER • BLITZ DYNETTE • GREG HATZA & TIM PRICE ORGAN QUARTET • DJANGOHOLICS ANONYMOUS AMY HELM & THE HANDSOME STRANGERS • KUTZTOWN UNIVERSITY JAZZ ENSEMBLE I • U.S. NAVY BAND COMMODORES • U.S. AIR FORCE RHYTHM IN BLUE JAZZ ENSEMBLE BERKS HIGH SCHOOL ALL-STAR JAZZ BAND AND CHORUS • STOLEN MOMENTS: THE FIRST 100 YEARS OF JAZZ FEATURING JAZZREACH’S METTA QUINTET AND MORE!*
berksjazzfest.com * LINEUP AS OF 2/13/16. SUBJECT TO CHANGE
PROUD SPONSOR OF THE BOSCOV’S BERKS JAZZ FEST
Follow us on Twitter @berksjazzfest
WE GO ABOVE & BEYOND Many law firms operate with a high risk. At Lawyer Cover, we go above and beyond to assess and identify exposures, to address them head on, and to provide customized liability coverage.
POLICIES CUSTOMIZED TO YOUR FIRM'S NEEDS RISK ANALYSIS & MANAGEMENT OVER TWENTY “A” RATED NATIONAL CARRIERS
PROFESSIONAL LIABILITY INSURANCE SPECIFICALLY DESIGNED FOR LAWYERS Choice of Counsel I Consent to Settle I Acts of Errors & Omissions I Personal Injury Punitive Damages Where Insurable I Pro Bono Work I Fiduciary Liability Identity Protection I Defense Costs Outside of the Limit Available Free Retirement ERP* *When insured by Lawyer Cover for 3 consecutive years
email@example.com I 800-220-3262 I www.lawyercover.com