New Matter 1st Qtr. 2024

New Matter

THE AWARD WINNING PUBLICATION OF THE CHESTER COUNTY BAR ASSOCIATION • CHESTER COUNTY, PA | www.chescobar.org

1ST Quarter 2024

IN THIS ISSUE...

President’s Message | Page 4 Interviews With Your Newly Elected Judges

Page 6

From the Desk of the Executive Director Page 14

A Day in the Life of an Advocate | Page 18 The Eternal Plastic Bag | Page 24

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Content

New Matter

1ST QUARTER 2024

FEATURES Interviews With Your Newly Elected Judges ...........................6

Donald B. Lynn, Jr., President

The Corporate Transparency Act and What It Means for Community Associations ...................11

James D. Doyle, Vice President

YLD in 2023..............................................12

C. Curtis Norcini, Treasure

A Day in the Life of an Advocate............................................18

CCBA Officers

Robert Burke, Secretary

New Matter Committee Maria Janoski, Editor Rami Bishay Mark Blank, Jr.

Legacy Philanthropy: 2024 Smart Giving ...............................30

John McKenna Mary Wade Myers

IN EVERY ISSUE President’s Message.................................4

Charles T. DeTulleo Shannon McDonald

20

A Spectacular Bar Association Veterans Day Celebration ..................28

From the Desk of the Executive Director.........................14

New Matter

THE AWARD WINNING

PUBLICAT ION OF

THE CHESTER COUNTY

BAR ASSOCIAT ION

• CHESTER COUNTY,

PA | www.ches cobar.org

1ST Quarte r 2024

CCBA Bar Tab............................................ 16

Sara Planthaber

The Blank Page........................................ 20

Karyn L. Seace

Save Our Environment......................... 24

Scott Slomowitz Bill Wilson

IN THIS ISSUE...

ge | Page President’s Messa s Newly Elected Judge Page 6 Interviews With Your tor the Executive Direc Page 14 From the Desk of 4

CCBA Staff

18 an Advocate | Page A Day in the Life of c Bag | Page 24 The Eternal Plasti

Greg Nardi Executive Director Melissa Willson Communications, Events, and Marketing Manager The Chester County Bar Association’s quarterly publication, New Matter, has been provided to Bar Association members for four decades.

A valuable aspect of CCBA’s membership, New Matter aims to provide our members with information pertaining to current issues facing the practice of law, historic legal issues, continuing legal education opportunities, Chester County Bar Association activities, programs, meetings, functions, practice tips, procedures for attorneys, and items of personal interest to our membership.

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 advertisements does not imply endorsement by the Chester County Bar Association.

All rights reserved. No portion of this publication may be reproduced electronically or in print without the expressed written permission of the publisher or editor.

Cover photo taken by Meredith Barr, CCBA Staff. Location Kennett Square.

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If you have an idea for an article, or would like to submit content, please contact Greg Nardi at gnardi@chescobar.org or (610) 692-1889.

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FIND US ON: New Matter | 3

President’s Message

Don Lynn, Esquire President Chester County Bar Association

G

reetings and welcome to the first of four President messages from me this year. I am humbled and grateful for this incredible honor and the trust you have placed in me by naming me President of this great organization. I am proud of this opportunity and look forward to a great year ahead.

I want to take a moment to express my sincere appreciation for the exceptional leadership of our outgoing president, Brian Nagle. On behalf of the entire association, I extend our heartfelt thanks for your outstanding leadership, dedicated service, and commitment. I am privileged to have had the opportunity to learn from your example.

Most of you may be wondering, who the heck is this guy?

Well, I get it. I am not at a big firm and I don’t practice in West Chester. For the last 22 years I have been practicing in Kennett Square at Larmore Scarlett LLP. My practice focuses on estate planning, estate administration and real estate transactions.

Frequently, the work I do doesn’t involve other lawyers.

Since most of you probably don’t know me, I will take this opportunity to introduce myself.

So, here are the quick facts. I was born in Ridley Park and my parents moved to Downingtown when I was three years old. I attended Brandywine Wallace Elementary, Downingtown Junior High and Downingtown High School (before there was East or West), graduating in 1988. After high school, I attended Bucknell University and graduated in 1992 with a Bachelor of Science in Business Administration. My first job out of college was working at a commodity trading firm, where I lasted 3 years before deciding to go back to law school. I graduated from Dickinson in 1999, and then went to work for the

4 | New Matter

Honorable Earl H. Carroll, District Court Judge for the District of Arizona. Following my clerkship, I returned to Pennsylvania and went to work in the litigation section at Dilworth Paxson in Philadelphia. Certainly, the best thing that happened while working at Dilworth was that I met my wife, Amy, shortly after returning from Arizona.

We were set up on a blind date by my boss, so safe to say that neither one of us was very excited to be going on that initial date. We went to the Blue Angel in Philadelphia and we had an amazing time. So much so that we were married about nine months later. (No, it was not a shotgun wedding!) We lived in the Borough of West Chester for a few years and for the past twenty years we have lived in East Bradford Township. We are blessed to have three amazing children: Annie (19), Cooper (16) and Ben (14).

After a couple years of working at Dilworth, I received a call from Peter Temple who artfully and accurately described the opportunity at Larmore Scarlett (He’s 63 and I’m 55) and thankfully convinced me to make the jump from center city to Kennett Square. Big city firm life was never the long-term plan, but it provided great training, and the ability to put a dent in my law school loans. But, we knew that living and working in Chester County would be the best scenario when we started thinking about expanding our family. So, I jumped on the opportunity in Kennett Square to join Peter Temple and Dave Myers, and I haven’t looked back. One aspect of our firm’s history I personally find interesting is that Ashby Larmore and Bill Scarlett, the founders of my firm, were both past presidents of the Chester County Bar Association in 1953 and 1961, respectively. I am proud to continue the tradition.

Quickly after starting at Larmore Scarlett, I remember Dave Myers telling me that I had to join the Chester County Bar Association and I remember attending an admission ceremony in the Historic Courthouse.

(We should bring these back.) I also remember being impressed with the friendship and familiarity that I witnessed among the lawyers. This was not something that I experienced while I was working in Philadelphia, and was appealing to me. I realized that I felt a desire and need to get involved, meet some people and get involved in the community. When you work at a firm of one hundred and fifty lawyers and another hundred

support staff, the firm can be your community. But when you are in southern Chester County at a small firm, there are not many opportunities for comradery or socialization among peers. I am thankful to Wendy Hoffman, who encouraged me to become involved at the Bar Association.

My membership and involvement in this group has been rewarding and satisfying. It has enriched my professional life and my personal life. I know that it does the same for many members of our association. So, my message is that if you haven’t attended any meetings or events that the Bar Association provides, make it a goal for 2024 to at least attend one event. I know that you will enjoy yourself, in fact, I guarantee it! The opportunities for professional development are endless. The ability to meet people, make friends, develop referral sources, and meet the judges are just a few of the many benefits and opportunities that membership provides. We are an organization of about 1100 members. We have an incredible core group of lawyers, the folks that run the committees and sections, and attend all of the events. But many times it’s the same people.

I hope to get more of you in on the fun this year. We need more involvement from our members. For example, during our recent plebiscite, only about 30% of us expressed our opinion as to who we felt were the best judicial candidates in Chester County. To me that’s unacceptable.

Being able to live and work in Chester County is a treat. I am frequently reminded of that fact when I practice in other counties. I am proud of the professionalism and courtesy

by which we practice law here. As we all know the practice of law can be difficult. But this association, for many of us, provides the sort of community that can make our difficult jobs more meaningful and worthwhile. Our bar association greatly contributes to the quality of life for its members and our community. It continues to create programming and events that enrich our lives and support our practices.

We also look to make certain that we are supporting our communities and doing our best to ensure that legal services are provided for some of our vulnerable and needy neighbors. We do a lot of good, and we can do more.

So I stress to you, get involved, stay involved, get others involved, get your new associates involved, bring a coworker to the next event you attend. There truly is something for everyone in this association. There are so many ways to get involved, so give it a chance if you haven’t yet. This organization is successful because of our incredible staff and the dedication and commitment of all of you. But we need your input. Let us know how we can help or support you.

We are always seeking new ways to enhance membership benefits for all members at all stages of their careers. So, please reach out to me, say hello, introduce yourself and share any thoughts or opinions on what the bar association can do for you. If you haven’t experienced the benefits of what this organization can provide, you are missing out.

I wish everyone the best in 2024. Thank you once again for this tremendous honor.

New Matter | 5

CCBA Feature

Interviews With Your Newly Elected Judges Is there anything that a lawyer coming to your court room should be aware of, in advance, either in terms of formality, dress code, or civility?

Attorneys should be prepared, professional, and civil.

As a “Newbie” to the bench, what do you hope to learn from other judges on the bench?

I am learning many things from the other judges including how to manage our lists, listen to all the parties impartially, and make reasoned and thoughtful decisions.

Honorable Deborah Ryan Are you married? No. Do you have any hobbies?

I like traveling, hiking, reading, movies, karaoke, and beating (or trying to beat) Christin Kubacke on the tennis court.

What made you decide to go to law school?

I decided to go to law school because I wanted to be a prosecutor. I interned at the Philadelphia DAO after college and knew my first day there that it was the perfect fit for me.

When did you first come to Chester County?

We moved here in 2002 from Philadelphia.

Why did you choose Chester County?

We came to Chester County because of the outstanding schools for our kids, it was near family, and we loved the area.

Why did you decide to become a judge?

I became a judge because I want to serve the community.

How did you find the campaign process?

The campaign process was interesting.

What types of cases will you be presiding over?

I am assigned to civil and family matters now.

6 | New Matter

What strengths do you bring to the bench?

As an experienced litigator who has handled thousands of cases, a former child abuse prosecutor, and a mother of two, I think I know how to assess the merits of a case, the credibility of witnesses, and how to engage with children and determine their best interests.

www.chescobar.org

Honorable Thomas P. McCabe

Honorable Nicole Forzato

Are you married? Yes.

Are you married?

Yes, to Steve Forzato. He was in law enforcement for 33 years and now he is the Director of the Center for Addiction and Recovery Education at St. Joseph’s University.

How did you meet your spouse?

We met in law school.

Do you have any hobbies?

Yes: running with my dog and reading history to science and fiction books.

What made you decide to go to law school?

The book Gideon’s Trumpet by A. Lewis inspired me.

When did you first come to Chester County?

I came to Chester County in 2007.

Why did you choose Chester County?

My now-wife lived here. Chester County is an amazing area to live and work.

Why did you decide to become a judge?

To help people in a positive way more directly.

How did you find the campaign process?

The process was intense!

What types of cases will you be presiding over?

Criminal and Orphans’ Court.

Is there anything that a lawyer coming to your court room should be aware of, in advance, either in terms of formality, dress code, or civility?

Advocate while being courteous to all.

As a “Newbie” to the bench, what do you hope to learn from other judges on the bench?

How to leave the robe (the job) in the courtroom.

What strengths do you bring to the bench?

I litigated in diverse areas of practice.

How did you meet your spouse?

We met at work, but did not start dating until after I entered private practice.

Do you have any hobbies?

Yes, traveling, and walking trails with my two Newfoundlands – Gracie and Lucy.

What made you decide to go to law school?

My grandfather and 3 uncles were lawyers. My second cousin was a judge. It was in my blood.

When did you first come to Chester County?

I came to Chester County in the mid-2000s when the Montco & Chesco Solicitors and DA’s Office collaborated with each other. Then I prosecuted cases here for the AG’s office.

Why did you choose Chester County?

It’s an amazing community and it’s beautiful here. I’ve traveled through much of Pennsylvania and there is no more stunning place than Chester County.

Why did you decide to become a judge?

I clerked for three judges and I interned for one. I aspired to become a judge.

How did you find the campaign process?

It took me out of my comfort zone! But it was wonderful to meet so many different members of our community.

What types of cases will you be presiding over?

Orphans Court & Civil.

Continued on page 8 New Matter | 7

CCBA Feature Continued from page 7

Is there anything that a lawyer coming to your court room should be aware of, in advance, either in terms of formality, dress code, or civility?

Introduce yourself! Also come prepared. That is key.

As a “Newbie” to the bench, what do you hope to learn from other judges on the bench?

There is a wealth of experience on the bench with various styles of handling different topics.

What strengths do you bring to the bench?

Judicial temperament: It takes a lot to get me ruffled.

I’m patient, I give time to the attorneys to present their case.

It feels great to be able to give back to the community.

I feel very fortunate to continue to be able to serve now in the capacity of judge.

I also have a great love of research and research law all the time. I like to personally review and prepare every file myself.

Why did you decide to become a judge?

I grew up seeing the court. I was a police officer and worked undercover narcotics. I put together a vision board and I put on there that I wanted to be a family court judge.

How did you find the campaign process?

I enjoyed it because I love meeting new people! I met individuals who I never would have met any other way.

What types of cases will you be presiding over?

Family, DUI, Criminal Court. Will be back up to Dependency Court.

Is there anything that a lawyer coming to your court room should be aware of, in advance, either in terms of formality, dress code, or civility?

Zealously advocate for your client, but don’t be rude.

Do your job but don’t intimidate younger attorneys.

Please, don’t blow off the call off list. Reach out to the court.

As a “Newbie” to the bench, what do you hope to learn from other judges on the bench?

I am hoping to learn everything! I look at the other Judges as my big brothers and sisters. We all have to learn from and teach each other in a loving way.

What strengths do you bring to the bench?

I bring my experience in law enforcement. I’m a great listener and have the ability to make a decision and stick with it. Always do what you believe is right.

Honorable Fredda L. Maddox Are you married? No. Do you have any hobbies? I recently took up golf.

What made you decide to go to law school?

My mom exposed me to the court in High School. She was a clerk for the Clerks of Quarter Sessions.

When did you first come to Chester County?

I first came to Chester County in 1982. I was a PA State Trooper assigned to Avondale.

Why did you choose Chester County?

Chester County is a beautiful place, and I raised my family here.

8 | New Matter

Is there anything else that you want us to know about you?

Yes, when I graduated from law school I received a small plaque that read: “At first it was a vision, then a dream, and now a reality. I’m living my vision, my dream, my reality” It’s an honor to be living that reality.

(Neat fact: in the photo at left, Judge Maddox is wearing Madeline Lamb’s necklace which she purchased at a For the Love of Madeline Bar Association event!)

www.chescobar.org What types of cases will you be presiding over?

Civil & Criminal.

Is there anything that a lawyer coming to your court room should be aware of, in advance, either in terms of formality, dress code, or civility?

We intend to post guidance accessible to everyone shortly. It will be located on the Chester County website and counsel tables.

Honorable Sarah Black Are you married? Yes. How did you meet your spouse?

I attended a rugby game, and he was playing the “second row” position.

Do you have any hobbies?

Cooking, travelling, hiking with our dogs.

What made you decide to go to law school?

Honestly, I wasn’t happy with the job I had at the time and thought further education would provide more opportunities. I did continue to work full time and attended law school at night.

When did you first come to Chester County? 2012.

Why did you choose Chester County?

My husband grew up in Chesco and was living here when we met. It allowed us to start our own life while remaining close to family.

As a “Newbie” to the bench, what do you hope to learn from other judges on the bench?

Anything they are willing to share! They have already been tremendously helpful in providing advice or a listening ear.

What strengths do you bring to the bench?

Trial experience – I’ve been a trial attorney my whole career and practiced solely before the Chester County Court of Common Pleas for the last decade.

Professional Diversity – I was the first female Public Defender to be elected to this court. Fresh, differing perspectives provide more equitable outcomes.

Save the Dates!

February

Why did you decide to become a judge?

I was ready to embark on a new chapter after 15 years as an advocate. However, I knew I wanted to remain in the justice system but switch roles to an arbiter instead.

15

How did you find the campaign process?

Exhausting but exhilarating. It was a wonderful opportunity to explore all corners of the county and meet new people.

April

Oh! The Places You Will Go Event

March 07 St. Patrick’s Day Happy Hour 21 Past Presidents’ Breakfast 22 Naturalization Ceremony 04 Spring Bench Bar Conference 11 Managing Partners’ Breakfast 15-19 Membership Appreciation Week

New Matter | 9

www.chescobar.org

The Corporate Transparency Act and What It Means for Community Associations

By James Doyle, Esq.

I

n 2021, Congress enacted the Corporate Transparency Act, a pivotal piece of legislation aimed at enhancing efforts to combat money laundering, terrorist financing, and safeguarding national security and the U.S. financial system. Although seemingly distant, this law may have significant implications for condominium and homeowners associations and the communities they serve.

KEY ASPECTS OF THE CORPORATE TRANSPARENCY ACT: 1. Applicability and Reporting Deadlines: The law applies to corporations, including local nonprofit corporations with assets less than $5 million, fewer than 20 employees, and those not falling under specific exemptions. Community associations incorporated at the state level are expected to comply with Beneficial Ownership Information (BOI) reporting starting January 1, 2024, with a filing deadline of January 2025.

2. Reporting Requirements: Reporting to the Financial Crimes Enforcement Network (FINCEN) involves providing annual electronic filings with details such as business name, legal names, birthdates, home addresses, and identifying information for board members and individuals exercising substantial

10 | New Matter

control over financial reporting. The latter may include community managers or management companies, a point yet to be clarified.

3. Noncompliance Penalties: Noncompliance with filing obligations can result in significant penalties, including civil fines of $500 per day and criminal penalties of up to $10,000, along with potential imprisonment for up to 24 months.

4. CAI Advocacy: The Community Associations Institute (CAI), a membership organization with over 45,000 members, does not believe the Corporate Transparency Act is meant to encompass community associations. CAI is actively pursuing measures to exempt community associations from the Act and its reporting requirements. CAI is also supporting legislative initiatives, such as H.R. 4035/S. 2623 and H.R. 5119, to delay the implementation of the BOI reporting requirements and urging confidentiality of individual corporate filings.

Navigating the Corporate Transparency Act may seem complex, but staying informed and seeking professional advice is prudent for community associations to meet their obligations and uphold compliance standards.

Gawthrop Greenwood assists community associations in understanding and navigating the Corporate Transparency Act’s reporting requirements. Through proactive legal support, Gawthrop Greenwood helps community associations meet their obligations, mitigate risks, and adapt to the evolving regulatory landscape.

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New Matter | 11

CCBA Feature

YLD in 2023

By Amanda M.V. Grant, Esq.

I

n 2023, the Young Lawyers Division (YLD) hit it out of the park with a series of engaging events that not only brought legal minds together but also contributed to the local community. Aimed towards the goal of growing the “Y” part of the YLD, new events were added to the calendar to peak interest and draw in new members. Among the additions to the calendar: a family movie night, axe throwing, and the Annual Kickball Classic against the esteemed “Elder Law Division.” Topping off the year was the Quizzo Fundraiser, a standout success that raised nearly $4,000.00 for the Domestic Violence Center of Chester County.

The YLD introduced the Annual Kickball Classic, pitting their skills against the “Elder Law Division.” This lighthearted yet spirited event showcased the vibrant and friendly relationships between the young and more seasoned legal professionals, fostering a sense of community within the broader legal landscape.

Undoubtedly the pinnacle of the YLD’s philanthropic efforts was the Quizzo Fundraiser, an event that not only tested legal minds but also raised a significant 12 | New Matter

sum for a worthy cause. With participants showcasing their knowledge in a fun and interactive quiz, the YLD managed to contribute almost $4,000.00 to the Domestic Violence Center of Chester County.

Shameless plug to say that the 2023 championship title went to Unruh Turner Burke & Frees, P.C.! This remarkable achievement underscores the YLD’s commitment to making a positive impact beyond the legal realm.

The Chester County Young Lawyers Division stands proud of its accomplishments in 2023. The

www.chescobar.org

membership has grown, forcing one meeting to move from the conference room down to the basement.

The Kickball Classic and the Quizzo Fundraiser have not only provided memorable experiences for the legal community but have also reinforced the YLD’s dedication to fostering connections, promoting camaraderie, and making a meaningful impact on the community. Looking ahead, these events are sure to become enduring traditions, further solidifying the YLD’s reputation as a vibrant and socially responsible force within the Chester County legal landscape.

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From the Desk of the Executive Director

Reflecting on a Remarkable Year and Anticipating Exciting Events Ahead

By Greg Nardi CCBA Executive Director

A

s we bid farewell to 2023, I am filled with immense gratitude and pride as the Executive Director of our esteemed bar association. This past year has been nothing short of extraordinary, and I want to extend my heartfelt appreciation to each one of you who contributed to our collective success. I am particularly thankful to Brian Nagle and our Association’s Board of Directors along with Michelle Bernardo-Rudy and the Foundation Board of Directors for the time, patience, energy, and support required to navigate another successful year.

In my first year as Executive Director of CCBA, I have witnessed the unwavering dedication and passion that defines our association. Your commitment to supporting the CCBA and CCBF while enhancing the legal profession continues to set the tone for a thriving community. Together, we have accomplished remarkable milestones, and I am truly honored to work with such an exceptional group of individuals. We have incredible volunteer leaders in place across all sections, committees, and divisions making every meeting, CLE, event, and effort a worthwhile, meaningful, and productive effort.

Additionally, I would like to express my heartfelt gratitude to the dedicated staff of our bar association: Genya, Lauren, Meredith, Melissa, and Kari. Behind every successful event, initiative, and accomplishment lies the hard work and commitment of our exceptional team. Their tireless efforts, attention to detail, and passion for our shared mission have been instrumental in making 2023 a year to remember. As we look forward 14 | New Matter

to the exciting events that lie ahead, I am confident that the great teamwork between our members and our staff will continue to elevate our association.

As we embark on the journey of 2024, I am excited to share with you the lineup of events that will undoubtedly make this year even more memorable. The Spring Bench Bar Conference (April 4th at the Desmond Hotel) promises to be an engaging platform for legal professionals to exchange ideas and insights, fostering collaboration and camaraderie. Bar Sail (June 13-14 in St. Michael’s Harbor), a cherished tradition, will provide an opportunity for us to unwind and strengthen the bonds that make our association a family.

Our calendar also features our annual charitable fundraiser for our foundation, The Key Gala (May 16th at the Brandywine Museum of Art), an elegant evening that celebrates our shared commitment to the pursuit of justice. It is an occasion to honor the pivotal role each member plays in shaping the legal landscape and caring for our community. Furthermore, the Fall Bench Bar Conference (September 26-28th at The Hotel

www.chescobar.org Hershey) will offer a chance for continued learning and networking, reinforcing the foundations of our professional community.

On a special note, please mark your calendars for the upcoming Law Day celebration on May 1st. This annual event serves as a powerful reminder of the importance of the rule of law in our society. This event will feature an induction ceremony for new lawyers, recognition of community service within our membership and our community, recognition of an all-star within our courthouse staff, and awards for this year’s winning high school mock trial team and scholarship recipients. Let us come together to commemorate this day, reflecting on our role as guardians of justice and advocates for a fair and equitable legal system.

In closing, I extend my deepest gratitude for making my first year as Executive Director truly exceptional.

I am confident that with your continued support, 2024 will be a year of even greater achievements and collective success.

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New Matter | 15

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New personal and professional updates

Esteemed Common Pleas Judge Lou Mincarelli Joins MacElree Harvey, LTD. MacElree Harvey, Ltd. is pleased to announce the addition of the HONORABLE LOU MINCARELLI, distinguished Common Pleas Judge in West Chester, Pennsylvania, to its Litigation Department. Judge Mincarelli will focus his practice on Criminal, Family and Commercial Litigation. His diverse legal skill set was formed from the years he presided over Criminal, Family and Juvenile cases as a judge and and from decades as a practicing attorney.

GAWTHROP GREENWOOD attorney JEREMY GRIVENSKY has been admitted to the New Jersey Bar and is now licensed to practice in the Garden State. Grivensky is a member of Gawthrop Greenwood’s Litigation Department, where he specializes in guiding individuals and business entities through civil and commercial disputes.

UNRUH TURNER BURKE & FREES proudly announces that RYAN M. JENNINGS, Esquire, a partner in the Firm’s Zoning & Land Use and Municipal departments, has been appointed to the board of directors of the Transportation Management Association of Chester County.

16 | New Matter

Gawthrop Greenwood Business Attorney Gordon Prince Elected to Board of Greater West Chester Chamber of Commerce

LAMB MCERLANE Chairman and Managing Partner JOEL L. FRANK has been appointed to serve on the Pennsylvania Supreme Court’s Investment Advisory Board.

ALEX BAUMLER has recently been promoted to Shareholder at KILKENNY LAW! Alex is an accomplished attorney with a dedication to public service.

In his practice, Alex handles a wide variety of municipal, zoning, land use, open space, condemnations, subdivision and land development, and lien matters for municipal and private clients. Alex has been recognized as a 2022 and 2023 Pennsylvania Super Lawyers Rising Star for land use and zoning, which recognizes attorneys who have been identified as attaining a high degree of peer recognition and professional achievement.

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CCBA Feature

A DAY IN THE LIFE OF

AN ADVOCATE

By Hannah Oliveras

T

he morning went fairly smoothly — the preliminary hearing that I was supposed to attend got canceled on the trip over. After calling the client to let him know, I headed into the office to help out with hotline coverage. We race to answer the phones here at Crime Victims’ Center (CVC) — most of the time, there’s barely a ring before an advocate has picked up. By the middle of the day the hotline had kept us on our toes. Several advocates had been called out to different places across the county: one to a sudden police interview 35 minutes to the west, another two to a surprise child-friendly forensic interview a few steps away at the Justice Center. I was left with a supervisor and two other advocates when I got the call.

“Thank you for calling the Crime Victims’ Center, this is—” the client interrupts me, recognizing my voice just as easily as I recognize hers. I break into a smile before comprehending what she’s telling me. I haven’t heard from this client in months but it all comes back to me — her victimization, the police interview I accompanied her to that holiday I was on call, the small talk we made while the detective pulled up a photo of her offender. Her voice is small as she tells me that she’s grateful I reached out again. A few days prior, she’d experienced another victimization.

18 | New Matter

The next hour is a rush of providing crisis counseling and giving her her options: she’s still within the window to collect DNA if she would like a forensic rape exam.

I call a couple hospitals in advance to see the wait times and pass that to the client, along with my offer to accompany her. My supervisor coordinates coverage for me to leave, and I stuff down my lunch before heading out.

The hours after that are a bit slower — we arrive at the hospital and they lead her back to a room. We don’t talk much about the victimization, only as much as she wants.

Mostly, we just catch up. I ask her about her job, her kids, her pets. We talk about how our husbands are doing, how expensive our state is, how this hospital seems pretty nice. The nurse asks her the background questions to start the exam and leaves the room again. We make more small talk, she shares some of her fears and hesitations and the nurse enters again, this time with the doctor and the physician’s assistant in tow.

I listen as they explain to her that they can’t do the rape kit because they wouldn’t be able to collect any evidence: it’s too far out from the victimization. My heart starts racing, knowing how much strength it took for the client to come out here and do this. I speak up.

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“The guidelines are up to 120 hours,” I say. We are well within that limit, but they continue to say that it’s been too long for the kit to work. They all leave and the room feels heavy. There’s no more small talk; it’s happening again. With the last victimization, before an advocate got involved, a different hospital told this client that a forensic rape exam would be worthless because she waited a few days — only for detectives to later wish they’d had the kit. The number for my supervisor is up on my phone when the nurse walks back in, carrying a sheet of paper and handing it to me.

Most forensic rape exams are not like this — most are done by certified Sexual Assault Nurse Examiners who are more familiar with the procedures and the guidelines.

But, had an advocate not been there with this client, she likely would have just left the hospital when they told her the wrong timelines for evidence collection.

“You’re right, it’s up to 120 hours. We can do the exam.”

I stay the next few hours with her, far past the hours I was expecting to work that day. We talk over what happened and relief floods the room — this case may not end up like the last one. Even if no evidence is found, having the kit done makes her feel better — more in-control. We make plans to catch up again in the next few days and we part ways, each of us heading to our own homes.

It’s hard to describe the typical day of an advocate because every day is vastly different and always surprising. The preliminary hearing that was scheduled got continued to another date on the way there. All of a sudden an old client needed accompaniment for a new case. Our days are never the same and rarely go according to plan.

The only consistent thing is that every day we are making a difference.

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The Blank Page

Black Lives Mattered: A Taste of History

By Mark Blank, Jr., Esquire

I

n case you have not noticed (as difficult as that would seem to be), this is Black History Month. February has become notorious for commemorating the lives of African American achievers and Black civil rights leaders. But I am going to focus on a segment of American history which illustrates that Black lives, historically, have mattered.

Let us begin with the Thirteenth, Fourteenth and Fifteenth Amendments to the United States Constitution, popularly known as the Reconstruction Amendments, which proceeded the Emancipation Proclamation (1863) and the end of the American Civil War (1865). Amendment Thirteen prohibits slavery and “involuntary servitude.” The Fifteenth Amendment guarantees the right of all citizens to vote, which “shall not be denied or abridged on account of race, color, or previous condition of servitude...” The Fourteenth

20 | New Matter

Amendment declares that no state shall enforce laws which 1 abridge the privileges and immunities of citizens of the United States; nor shall any state deprive a person of life, liberty or property without due process of law, nor deny to any person the equal protection of the laws. Each of the Amendments grants Congress the power to enforce the provisions with “appropriate legislation.” The Reconstruction Amendments were enacted for the purpose of protecting the rights of newly freed slaves and other African 2 Americans.

Shortly after the passage of the Reconstruction Amendments, Congress acted in accordance with the powers that it granted itself in the last section of each of the Amendments (that is, “appropriate legislation”) and passed the Ku Klux Klan Act of 1871, which confers a civil action for damages or equitable relief (or both) for any person deprived of civil rights or civil liberties by a person or persons acting 3 under color of law. A few years after the enactment of the See: United States Constitution, Article IV, Section 2.

See: A. Avins, The Reconstruction Amendments Debates.

(Virginia Commission on Constitutional Government, 1967).

3 See: 42 U.S.C. Section 1983. Monroe v. Pape, 365 U.S. 167 (1961); Bivens v. Six Unknown Named Narcotics Agents, 403 U.S. 388 (1971).

1

2

www.chescobar.org Ku Klux Klan Act, Congress amended and broadened the Civil Rights Act of 1866 and made it a crime for violations of 4 civil rights protected by the Constitution.

Now, with civil liberties of Blacks specifically protected by the Constitution and by statute, the Nineteenth Century issue gradually became the separation of the races. To its credit, Plessy v. Ferguson, 163 U.S. 537 (1896) was the first time that there was a judicial recognition that African 5 Americans are citizens. However, Plessy is most known for its holding that state laws which segregate the races are not unconstitutional so long as the racially divided facilities are equal. Thus, Plessy legitimized laws that established the separation of the races.

Justice John Marshall Harlan I strongly dissented, arguing that the Constitution is “color blind”; that the Majority got it 6 wrong .

Now, let us turn to the Twentieth Century. Although the Civil Rights Movement may be marked by historians 7 as starting in the 1950s , in reality, it began in 1931, when nine Black youths were aboard a boxcar attached to a Southern Railways freight train at which time a fight broke 8 out with some White boys also riding on the train . Based on concocted stories and false accounts of the incident, the young Black men, later known as The Scottsboro Boys, 9 were charged with assault-related crimes and rape . At 9:00 a.m. on the morning of the commencement of the trial, two lawyers were appointed to defend the young men. One was a lawyer from Tennessee who happened to be milling around the courthouse. The other was the town drunk. The Boys (except for one, who was a juvenile) were convicted and sentenced to death. Some brave and daring lawyers 10 from the North took on the appeals.

The convictions were affirmed by the Supreme Court of Alabama. One justice of the Alabama Supreme Court dissented: Chief Justice John C. Anderson. Chief Justice Anderson was of the view, generally, that the defendants had not been given a fair trial (which they had not been)

and protested the decision to affirm the convictions and sentences. Weems v. State, 141 So. 215 (Ala.1932); Powell v. State, 141 So. 201 (Ala.1932). The Supreme Court of the United States reversed the convictions and judgments of 11 sentences.

Judge James Edwin Horton presided over the retrial of The Scottsboro Boys. Attorney Samuel Liebowitz defended them. After the conviction and the death penalty were handed down, Judge Horton set aside the verdict and judgment of sentence. Subsequently, Judge Horton lost his re-election bid and retired.

Soon after the saga of The Scottsboro Boys, civil rights and civil liberties of Blacks in the United States rapidly became a major issue. This is where and when federal judges in the South played a significant role in the Twentieth Century Civil Rights Movement. The first was Judge Julius Waties Waring.

Judge Waring was born and raised in Charleston. He and his family were members of the eloquent, elite Charleston, South Carolina gentry. In 1942, he was appointed by President Truman to the United States District Court for the 12 Eastern District of South Carolina , where he served until 1968 (Chief Judge, 1948-1952; Senior Judge, 1952 until 1968).

In 1946, Chief of Police Linwood Shull of Batesburg, along with seven other officers, beat Isaac Woodward, an African American man (and a World War II veteran), half to death, blinding him. Judge Waring was the presiding judge 13 in the criminal case brought against Chief Shull . After a brief deliberation, the jury found Officer Shull not guilty on all charges. Judge Waring opined that the case was a travesty and a gross dereliction of duties on the part of the prosecution. The defense was not much better. Defense counsel told the jury: “If you rule against Shull, let this South Carolina secede again . . .”.

The Isaac Woodward debacle had a strong influence on 14 Judge Waring’s outlook on civil rights and civil liberties .

Subsequently, Judge Waring authored a number of civil

Continued on page 22 See: 18 U.S.C. Sections 241, 242. The statute was first tested in the 1964 murders of three civil rights workers in Mississippi. United States v. Cecil Ray Price et al., 383 U.S. 787 (1966).

5 In Dred Scott vs. Sanford, 60 U.S. (19 How.) 393 (1857), the Court held that the United States Constitution did not extend citizenship to people of “Black African” descent and, thus, they could not benefit from the privileges that the Constitution conferred upon American citizens.

6 Justice Harlan has been known as the Great Dissenter for his forceful dissent in Plessy v. Ferguson and other cases, most notably in Civil Rights Cases, 109 U.S. 3 (1883).

7 Arguably, beginning with Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

8 The altercation occurred while the train was passing through Jackson County, Alabama.

9 Two young girls, as well as the White boys, made the rape accusation.

4

New York famed criminal lawyer Samuel Liebowitz was the lead pioneer.

Others included New York lawyers Joseph R. Brodsky; Irving Schwab; Allen Taub; Elias M. Schwartzbart; Joseph Tauber; and Sidney Schreiber.

11 See: Powell v. Alabama, 287 U.S. 45 (1932); Patterson v. Alabama, 294 U.S. 600 (1935); Norris vs. Alabama, 294 U.S. 587 (1935). After his success with the cases of The Scottsboro Boys, Samuel Liebowitz returned to New York City, where he became a judge. Upon a visit paid to him by Clarence Norris, Judge Liebowitz helped Clarence obtain employment.

12 Later on, United States District Court, District of South Carolina (1965).

13 The act occurred on United Sates government property and, thus, at the behest of President Truman, there was federal jurisdiction.

14 In 2019, Judge Richard Gergel (United States District Court, District of South Carolina) wrote a book about the influence of the Isaac Woodward case on Judge Waring and President Truman. See: Unexampled Courage: The Blinding of Sergeant Isaac Woodward and the Awakening of President Harry S. Truman and Judge Waties Waring (2019).

10

New Matter | 21

The Blank Page Continued from page 21 rights/racial equality opinions. See: Thompson v. Gibbes, 60 F. Supp. 872 (E.D.S.C.1947), Elmore v. Rice, 72 F. Supp. 516 (E.D.S.C.1947) (equal pay); Brown v. Baskin, 80 F. Supp. 1017 (E.D.S.C.1948), affirmed 174 F.2d 391 (4th Cir.1949) (voting rights). The most significant and notorious, however, is Judge Waring’s dissenting opinion in Briggs v. Elliott, 98 F. Supp. 529 (E.D.S.C.1951), a test case involving segregation.

The plaintiff was represented by Thurgood Marshall (and team). A three judge panel ruled (2-1) for the defendants.

Judge Waring’s detailed and eloquent dissent supported his famous conclusion: “ . . . [T]he doctrine of separation and segregation according to race is a violation of the Fourteenth Amendment,” Briggs v. Elliott, 544 (Waring, J., dissenting) and “segregation is per se inequality.” Id., 548. Briggs v. Elliott, 342 U.S. 350 (1952), on direct appeal from the District Court, was the first of five cases combined into Brown v. Board of Education, 347 U.S. 483 (1954). Judge Waring’s famous statements were followed by the SCOTUS: “ . . . [T]he doctrine of separate but equal has no place.

Separate educational facilities are inherently unequal.”

Brown, 495.

Judge Waring, being the brave and independent jurist that he was, was neither impaired nor intimidated by the rock throwing through his windows, the Ku Klux Klan setting a cross on fire in front of his home, nor the polite cold shoulders and blackballing that he received from Charleston high society. In 2015, the Hollings Judicial Center in Charleston was renamed the J. Waties Waring Judicial Center.

South Carolina is within the jurisdiction of the Fourth Circuit Court of Appeals. Now, our focus turns to the Fifth Circuit. The Fifth Circuit Court of Appeals consisted of Texas, Louisiana, Mississipi, Alabama, Georgia, Florida and the Panama Canal Zone until 1981. (In 1981, the Fifth Circuit was divided so as Georgia, Alabama and Florida became the Eleventh Circuit.

Pub.L. 96-452, 94 Stat. 1994, October 14, 1980.) Let us begin with Sweet Home Alabama (Lynyrd Skynyrd, 1974; film, 2002). Frank Minnis Johnson was judge of the United States District Court for the Middle District of Alabama, having been appointed by President Eisenhower in 1955. Judge Johnson and Governor George Wallace were classmates in law school.

Although acknowledging one another and on friendly terms, they stood at opposite ends of the spectrum on civil rights and civil liberties.

One of Judge Johnson’s earliest cases was that which began with the Rosa Parks story. In Browder v. Gayle, 142 F. Supp. 707 (M.D.Ala.1956), the three-judge panel consisted of District Judges Johnson and Seybourne Harris Lynne, and Fifth Circuit Court of Appeals Judge Richard Rives. The court ruled that bus segregation is unconstitutional as in violation of the Equal Protection Clause. The decision was 2-1, with Judge Lynne dissenting.

22 | New Matter

Fast forward to 1965: Selma. Governor Wallace attempted to ban the event. Judge Johnson ordered Governor Wallace to permit the Selma to Montgomery march to take place.

Williams v. Wallace et al., 240 F. Supp. 100 (M.D.Ala.1965). The famous march went on, although not as smoothly as Judge Johnson had hoped.

In between the time of Browder and Wallace (1956 to 1965), there was a plethora of pro-civil rights/civil liberties cases with Judge Johnson presiding. Among them were Gomillion v. Lightfoot, 167 F. Supp. 405 (M.D.Ala.1958), United States v. Alabama, 171 F. Supp. 720 (M.D.Ala.1959) (voting rights and political boundaries); United States v. City of Montgomery, 201 F. Supp. 590 (M.D.Ala.1962), Lewis v. Greyhound Corporation, 199 F. Supp. 210 (M.D.Ala. 1961) (desegregation of transportation facilities).

In 1956, a burning cross was placed on Judge Johnson’s lawn. His mother’s house was bombed in 1967. (Nobody was injured.) For nearly two decades, Judge Johnson received protection from United States Marshals.

Moving along to the Court of Appeals, Judge Richard Taylor Rives, the author of the opinion in Browder vs. Gayle, supra, was one of the Fifth Circuit judges originally named “The Four,” and subsequently known as “The Fifth Circuit Four.”

The other three were Chief Judge Elbert Parr Tuttle, Judges John Minor Wisdom and John Robert Brown. They were known as The Fifth Circuit Four because they authored a voluminous group of judicial decisions that favored civil rights and civil liberties for Black Americans. They were originally

www.chescobar.org given the name The Four by Fifth Circuit Judge Benjamin Franklin Cameron, an avid segregationist, states’ rights advocate and Fifth Circuit antagonist. On the latter, Judge Cameron accused Chief Judge Tuttle of purposely assigning three-judge panels in civil rights and liberties cases so that at least two of those four were on them. (In other words, they were rigged, at least according to Judge Cameron.)

Judge Wisdom wrote for the majority in United States v.

Jefferson County Board of Education (a school segregation case): “The Constitution is both color blind and color conscious. To avoid conflict with the Equal Protection Clause, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense, the Constitution is color blind. But the Constitution is color conscious to prevent discrimination from being perpetrated and to undo the effects of past discrimination. The criterion is the relevancy of color to a legitimate governmental purpose.”

15 Id., 372 F.2d 836 (5th Cir.1966), 876.

Judge Wisdom was a graduate of Washington and Lee and Tulane Law School, the latter of which is where he left all of his writings and papers. In 1994, the building that houses the United States Court of Appeals at 600 Camp Street, New Orleans was renamed the John Minor Wisdom United States Court of Appeals Building in his honor. Oh, just one more thing (as Detective Columbo would have said).

Tulane University was segregated until 1963. Why? Because the will and trust of its beneficial founder, Paul Tulane (18011887), made it clear (“a university for White boys”). In 1961, two students who were denied admissions, solely because they were Black, challenged the rejections. In Guillory v. The Administrators and Trustees of Tulane University, 212 F. Supp.

674 (E.D.La.1962), District Judge Frank B. Ellis ruled in favor of the defendants on the grounds that Tulane was a private institution.

But the heirs of Paul Tulane and the administrators and the Board of Trustees of Tulane made it abundantly clear that they wanted to admit African Americans, “if they were legally able.” Judge Ellis paved the way: “The Tulane Board maintains that it would admit Negroes and put an end to racial discrimination if it were ‘legally able to do so’ . . . [T]he heirs of Paul Tulane expressly waive any right they may have to enforce the racial restriction and indicate they have no opposition to the admission of Negroes to Tulane University.

Indubitably, the Tulane Board is free to act as it wishes since neither this nor any other court may exercise its power to enforce racial restrictions in private covenants [citations omitted].” Guillory, supra, 687.

The first African American students entered Tulane in 1964. Rice University, confronted with a similar issue, happily followed suit. Girard College, in the city of Brotherly Shove (as contrasted to New Orleans and Houston, the locations of

Tulane and Rice), was not so willing. Girard Will Case, 386 Pa. 548 (1956), reversed, 353 U.S. 230 (1957); Commonwealth of Pennsylvania v. Revelle W. Brown et al., Trustees of the Estate of Stephen Girard, 373 F. 2d 771 (3rd Cir.1967). So, with Tulane 16 and Rice, it was a piece of cake . With Girard College, it was a decades long struggle before the school integrated.

Well, that’s all, folks (Bugs Bunny), at least for now. There is much, much more; maybe for another day, or next year’s Black History Month.

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Save Our Environment

The Eternal, Ubiquitous, and Everlasting Single Use Plastic Bag: More Municipalities Adopt Plastic Bag Bans

By John R. Embick, Esquire John R. Embick, PLLC Chair of the CCBA Environmental Law Section

A

number of area municipalities have adopted bans on plastic bags or various single use plastic products (including straws, utensils, plates, cups and containers). Recently, Lower Merion Township (Montgomery County) and Uwchlan Township (Chester County) have enacted local ordinances banning certain plastic use.

These municipalities join a number of other municipalities, states and nations which have banned certain plastic products. Canada, for instance, has enacted national legislation, and in the United States, the states of California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Vermont and Washington have adopted plastic bag bans. Some states and municipalities have adopted fee-based laws that affect the use of plastic bags. However, some states have passed legislation which prevent municipalities from enacting local bans.

Pennsylvania enacted a moratorium on local bans in 2019, but the moratorium expired in 2021. Several municipalities enacted bag ordinances during the 24 | New Matter

moratorium and challenged the moratorium in Commonwealth Court. The litigation effectively ended with the expiration of the moratorium.

Chester County, West Chester Borough, West Goshen Township, Easttown Township, Uwchlan Township, and Tredyffrin Township are among local municipalities which have adopted bag bans or placed limits on singleuse plastic. Philadelphia County and Pittsburgh have also adopted bag bans, and New Jersey’s bag ban ordinance is considered one of the strictest in our nation. In addition, a number of major retailers have adopted restrictions in stores across the nation. For example, Walmart has imposed bans in some states, but not others.

These ordinances are controversial in many areas, and are usually met with strong industry opposition. Many commentators opine that the bag bans are not effective, or do not have ultimate significant environmental benefits for various reasons.

It seems clear that the bag bans have reduced the quantity of plastic waste generated in those areas having single use plastic restrictions, and have reduced litter problems. See the April 2023 study by researchers from the University of Pittsburgh and Swarthmore College regarding Philadelphia’s bag ban, https://phila.gov. media/20230428110156/PlasticBagBanReportApril2023. pdf.

In addition, the absence of plastic bags allows recycling facilities or MRFs (materials recycling facilities) to

www.chescobar.org operate more efficiently, since plastic bags routinely clog or damage recycling machinery. Some studies link single use plastic bags and other plastic materials with the emergence of microplastics in the earth’s oceans.

Opponents of the measures argue that the bans result in the use of substitute bags and containers that are more expensive, more difficult to recycle, and require more energy to produce (based on a life-cycle analysis). Paper sacks are generally more expensive to manufacture than single use plastic bags, but are easily compostable or recycled compared to single use plastic bags made of low density polyethylene (the latter which are not compostable). Interestingly, one study in California linked the plastic bag ban to a hepatitis outbreak, allegedly because homeless people had been using single use plastic bags to contain and dispose of human feces.

The plastic bag ban sharply reduced the availability of bags for this purpose.

A number of studies have shown that although many stores accept used plastic bags for recycling, much of the collected plastic film is not recycled, but rather is disposed of in landfills. Some studies have concluded that plastic bag bans actually increase the amount of municipal solid waste generated in many communities, due to the nature of substitutes used for single use plastic bags.

Accordingly, each municipality must weigh the pros and cons of enacting this type of ordinance.

Of interest in some of the recent local plastic bag ordinance enactments is the appearance of Pennsylvania constitutional language in the preamble or recital section of the ordinances. In the recent enactments in Lower Merion Township, West Goshen Township, Uwchlan Township, Easttown Township and Tredyffrin Township, the following language appears (in various ordinances, as indicated):

the degradation, diminution, and depletion of the public natural resources, and 2) act affirmatively via legislative action to protect the environment.

Pennsylvania Environmental Defense Foundation v.

Commonwealth of Pennsylvania, 161 A.3d 911 (Pa. 2017); (Lower Merion, Tredyffrin, West Goshen, and Easttown) WHEREAS, this ordinance is enacted to achieve the Township’s duties under the Amendment by minimizing the degradation, diminution, and depletion of the public natural resources within the Township and to affirmatively enact legislation designed to protect the environment within and around the Township; (Lower Merion, Tredyffrin, and West Goshen) WHEREAS, the constitutional obligation found in Article 1, Section 27 of the Pennsylvania Constitution binds not only the Commonwealth, but “all government, state or local, concurrently.”

Robinson Twp. Washington Cty. v. Com., 83 A.3d 901, 952 (Pa. 2013); Pennsylvania Env’t Def. Found. V. Commonwealth, 161 A.3d 911 (Pa. 2017); (Uwchlan Twp) Apparently, a number of Townships apparently are taking the mandate of Art. 1, Sec. 27 of the Pennsylvania Constitution (also referred to as the “Environmental Rights Amendment,” or “ERA”) seriously, and are citing to the mandate in enacting legislation.

Continued on page 26

WHEREAS, Article 1, Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment (the “Amendment”), provides that people have the right to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As a Trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people; (Easttown, Lower Merion, Tredyffrin, West Goshen, and Uwchlan) WHEREAS, the Amendment imposes two basic duties on the Commonwealth and its political subdivisions, such as the Township, to: 1) prohibit New Matter | 25

Save Our Environment Continued from page 25

The now-seminal case on the interpretation of the ERA is Pennsylvania Environmental Defense Foundation v.

Commonwealth of Pennsylvania, 161 A.3d 911 (Pa. 2017 (“PaEDF”). Some of the major holdings in PaEDF with respect to the ERA are, in my opinion: (1) the ERA is selfexecuting (and does not need implementing legislation); (2) the ERA applies to all levels of Commonwealth government; (3) government must consider ERA rights in advance of acting; (4) government has a substantive duty to refrain from infringing the ERA rights; and (5) government has a duty to act affirmatively to protect the listed ERA rights.

So, what test should be applied to determine whether proposed action will be protective of the ERA rights? In the PaEDF case, the Pennsylvania High Court declared that the previous test (this previous test was known as the “Payne Test”) used by Pennsylvania courts to evaluate whether governmental action was ERA compliant, was unconstitutional. However, the Pa. Supreme Court did not create a new test. I suggest that the “Embick Test” be considered:

26 | New Matter

First, a study or evaluation must be conducted, in advance, to identify the current, cumulative, and future effects of adverse environmental impacts of all activities associated with the proposed activity or use.

The study must identify and assess direct and indirect environmental effects that can be negative or positive; identify and assess impacts that are immediate, short-term or long-term; and which impacts can be incremental, compounding over time, or develop over the passage of years; Second, government must determine whether and to what degree the effects or impacts will infringe unreasonably upon or violate the protected rights and values (air, water, scenic, historical, natural, and esthetic) or unreasonably cause actual or likely deterioration of the listed values; and Third, unless the significant effects or impacts of all activities associated with the proposed use can be eliminated, or reduced to a level where the impacts are not significant, then the use cannot be permitted or approved.

It has been over fifty years since the ERA was enacted, and we are still trying to discern what it means.

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CCBA Feature

A SPECTACULAR BAR ASSOCIATION

VETERANS DAY CELEBRATION

By Jamie W. Goncharoff, Esq.

T

his year’s Bar Association Veterans Day Celebration was probably the most spectacular in our history. Hundreds of people were in attendance to enjoy the event at the Historic Courthouse on Friday, November 10, 2023. We were honored to have Congresswoman Chrissy Houlahan as our Guest of Honor, who spoke about her service in the Air Force and the veterans programs that she has supported in Congress.

The Courthouse was patriotically decorated with flags and ribbons, and we even had a large banner, sponsored by Lamb McErlane, displayed across High Street promoting the Bar Association event. There were uniformed active duty and reserve servicemembers from the Army Navy, Air Force and Marines who participated in the ceremony. Patriotic music was provided by a large ensemble of the Incomparable West Chester University Marching Band, who graciously attended the event, despite being in the midst of preparing for their subsequent Rose Bowl Parade appearance.

We also had not one, but two military aircraft flyovers: fixed wing and rotary. The first was the flyover piloted by flying Ace and Bar Association member James E. Beasley, Jr., flying his historic P-51 Mustang fighter airplane.

Jim is a seasoned pilot who has flown in many airshows including professional football and baseball games.

Since Jim wanted to be sure that his flyover above the Historic Courthouse was perfectly timed to occur during the last 10 seconds of the National Anthem, we set up air-ground communications between Jim and Executive Director Greg Nardi, who happens to be a West Point graduate and retired Army LTC. And with military precision, Jim flew over the Courthouse just as the Golden Rams finished playing the last few bars of the National Anthem!

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And not to be outdone, at the conclusion of the celebration, a UH-1 Huey helicopter flew up High Street from West Chester University, flying low and slow, while emitting its rumbling sounds of freedom from above.

With a cheering crowd below, the helicopter hovered and acknowledged the crowd with a raising and lowering of the front end of the helicopter, then the Huey flew off into the sunset!

In addition to the many dignitaries who attended, we were honored to have District Judge Gregory V. Hines sing two beautiful songs including God Bless America.

At the conclusion of the celebration, and to the sounds of Taps, we had uniformed Revolutionary War Reenactors perform a ceremonial tribute to our fallen veterans, which was followed by a live-fire, black-powder musket salute. Once the ceremony concluded, the Bar Association held a wonderful reception at the Chester County History Center, where good food and drink was provided to the many public attendees.

www.chescobar.org

The event drew good news media coverage from radio, newspaper, and television, including 6 ABC. But most notably, our Veterans Day celebration was an outstanding public service event that reflected admirably on the Chester County Bar Association. Finally, this successful event could not have taken place but for the many generous Bar Association sponsors, which included: RED SPONSORS Buckley Brion McGuire & Morris Fink & Buchanan Law Offices Cox & Bishay LLP John & Wiggie Featherman Karyn Seace, Esq. Bob Frame, Esq. Rubin, Fortunato & Harbison Lamb McErlane Goldberg, Goldberg, & Maloney Fox Rothschild Unruh, Turner Burke & Frees MacElree Harvey Law Offices of Jamie W. Goncharoff Pine & Pine, LLP

WHITE SPONSORS Gawthrop Greenwood Potts, Shoemaker & Grossman McCallin Law, LLC Hall Law Offices, PC BLUE SPONSORS Debbie Bookman, Prothonotary Law Offices of David M. Melchiorre Sailing, Litvin & Hambleton Wetzel Gagliardi Fetter & Lavin Jeff Bryman, Esq.

Thank you.

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CCBA Feature

LEGACY PHILANTHROPY: 2024 Smart Giving

Kevin Holleran, Esq. Trust and estates attorney and partner Kevin Holleran, Esq., actively served as a Community Foundation Board member from 2014 to 2020, serving on the Governance Committee, Strategic Planning Committee, and Gala Committee.

Gawthrop Greenwood: Upholding a Rich Tradition of Community Philanthropy For over two decades, Gawthrop Greenwood has supported the Chester County Community Foundation in a multitude of ways. The firm’s attorneys have served as committee members and Board members, bringing colleagues and clients to events including the annual meeting, investment forum, Sweet Charity, Behind the Scenes Tours, Community Conversations and Philanthropy Chats. When appropriate, the Community Foundation legacy funds are presented as an option to consider for estate planning clients. The firm has consistently donated at the top levels to the annual fund, enabling the Community Foundation to connect people who care with causes that matter, so their philanthropy makes a difference now and forever.

estate planning.

Denise Antonelli, Esq. Denise Antonelli, Esq., joined the board of the Community Foundation in 2020. She is an estate planning lawyer with more than 30 years of experience. She is the current president of the Chester County Estate Planning Council, which focuses on furthering the education of members and the public in

Asked why she supports the Chester County Community Foundation, Antonelli shares, “The Foundation’s mission, to assist charitably minded people with building their legacy and supporting the causes they care about, fosters philanthropy is a way that is unique and effective. And the Foundation’s programs, from Community Conversations to events like Sweet Charity, always offer new connections and new insights.”

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The Holleran family has an extensive charitable legacy throughout the region and beyond. Kevin and his wife Burse created their family fund at the Community Foundation to continue his family tradition of giving.

They contribute to their alma maters including the Agnes Irwin School, Dickinson College, Hollins College, Temple University, and Villanova Law School. Holleran explains, “Giving helps us feel connected to our community. I like working with the Foundation because they make giving easy.”

Patrick O’Donnell, Esq. After nearly half a century of service in the legal community, Patrick C. O’Donnell, Esq., has seen it all as he has worked with municipal clients, zoning hearing boards, developers, financiers and homeowners; buyers and sellers of businesses, entrepreneurs and new business formations; and dealing with estates, estate planning, elder law and wealth transfer. Plus he served two terms as a Chester County Commissioner.

O’Donnell served on the Community Foundation Board from 2004-2007. In 2017, the Community Foundation Door Opener Award was bestowed upon O’Donnell. “My good friend Nancy Lynn Peterson actively embodied the true spirit of informed, compassionate civic engagement. In our estate planning discussions, we trusted that the Community Foundation would carry forth Nancy’s legacy to support social justice, civic engagement, and open space preservation in the community she loved.”

www.chescobar.org Stephen Olsen, Esq. Stephen Olsen, Esq., is a Trusts & Estates attorney and partner at Gawthrop Greenwood. In addition to being involved with the Community Foundation for many years, he is also a member of the Chester County Estate Planning Council.

Olsen’s history with the Community Foundation dates back over a decade but his formal relationship was solidified in 2013 when was received the Foundation’s Door Opener Award. His work helping Harold Freeman start the Harold W. & Jessie L. Freeman Foundation in 2011, alongside Richard Clark, CPA, CFP®, ChFC®, of Pillar Wealth Advisors, was a notable achievement.

Said Olsen of his experience, “Harold was a good, generous, religious and philanthropic man. I helped review his trust and found a way to terminate his SuperCRUT trust in a more tax efficient manner and get 100% of the funds to charities, which was his primary goal. I am so happy that both Harold and Jessie’s legacy lives on supporting financially stable and effective nonprofits as Harold intended.”

You can also get involved with the Community Foundation by serving on a grant panel or committee; learn more about board service through GetOnBoard; or zoom into monthly Community Conversations on social justice issues.

The Community Foundation’s ever-popular Sweet Charity will be held at Whitford Country Club in Exton on Tuesday, March 5 from 4-7pm.

Sweet Charity is a delectable networking event, where guests sample and vote for Chester County’s finest desserts. Giving never tasted so good.

Questions? Contact

Chester County Community Foundation 28 W. Market St., The Lincoln Building West Chester, PA 19382 610.696.8211 | www.chescocf.org Karen Simmons, President/CEO Jason Arbacheski CAP®, Gift Planning & Stewardship Director Winifred Sebastian Moran, Esq., Chair of the Board

How to Get Involved Each and every day, the Community Foundation provides information, guidance and support in charitable legacy planning. We quietly and confidentially help individuals consider various charitable legacy options, in partnership with their estate planning attorneys, accountants, and wealth managers.

YOU ARE INVITED TO SWEET CHARITY Whitford Country Club, Exton Tuesday, March 5, 2024 from 4 to 7

RSVP online at chescocf.org/events/sweet-charity-4/ Or contact Beth Krallis at events@chescocf.org | (610)-696-8211

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33RD ANNUAL

APRIL 5-14 Reading, PA

MARCUS MILLER & JONATHAN BUTLER LEE RITENOUR & DAVE GRUSIN and KIRK WHALUM WEST COAST JAM! RICK BRAUN, RICHARD ELLIOT, PETER WHITE and the WEST COAST HORNS BRIAN CULBERTSON: THE TRILOGY TOUR CELEBRATING WOMEN IN JAZZ III featuring MELBA MOORE, NICOLE HENRY, MAYSA, PAULETTE MCWILLIAMS and more

JOEY ALEXANDER plus TUCK & PATTI

PRESENTED BY

PAT METHENY: DREAM BOX TOUR DANIELLE NICOLE ERIC DARIUS & REBECCA JADE and RHYTHM & GROOVE TOUR: BRIAN SIMPSON, MARION MEADOWS, STEVE OLIVER GREG ADAMS & EAST BAY SOUL

plus many more must-see concerts!

Tickets on sale NOW at berksjazzfest.com!

PROUD SPONSOR OF BOSCOV’S BERKS JAZZ FEST