New Matter
CCBA Officers
James D. Doyle, President
Curt Norcini, Vice President
Robert Burke, Treasurer
Maria Janoski, Secretary
New Matter Committee
Charles T. DeTulleo, Editor Emeritus
Maria Janoski, Editor
Rami Bishay
Mark Blank, Jr.
Jonathan R. Long
Shannon McDonald
Catelyn McDonough
John McKenna
Mary Wade Myers
Sara Planthaber
Karyn L. Seace
Scott Slomowitz
Virginia Swiatek
Bill Wilson
CCBA Staff
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.
Cover photo taken by Jonathan R. Long, Esquire
A Strong Start to the Year
James D. Doyle, Esquire President Chester County Bar Association
As we wrap up the first quarter of 2025, I continue to be inspired by the momentum and energy within the Chester County Bar Association. It is hard to believe how quickly the year is moving, but even in just a few short months, we have already made significant progress toward our goals and reaffirmed the strength of our professional community.
Our membership is thriving, with significant participation from both new and long-standing members. The state of the CCBA is strong, and it is your continued engagement that makes that possible. Whether through committee work, event participation, volunteership or mentorship, each of you plays a vital role in shaping the direction of our association.
Serving as your President is a privilege, and I remain committed to encouraging involvement across all stages of practice. From early-career attorneys to our most experienced members, the richness of our association comes from the shared knowledge, enthusiasm, and collaboration that define our work together.
With that spirit in mind, I am pleased to share just a few highlights from the year so far—events and initiatives that exemplify the best of what the CCBA has to offer:
This February, our Young Lawyers Division (YLD), under the leadership of Lauren Nehra, organized the Chester County High School Mock Trial Competition. The event
was an overwhelming success, providing students with a meaningful and practical opportunity to develop their advocacy skills. I extend my sincere thanks to Lauren, her team, and the 100+ volunteers who made this incredible program possible.
Another standout moment this quarter was the Senior Lawyers Lunch. In advance of the event, the CCBA received a generous anonymous donation from one of our senior members to fully fund the gathering—and future events like it. This thoughtful gift allowed us to host a memorable occasion where senior members could reconnect, share insights, and continue contributing to the life of the association. To our anonymous benefactor: your generosity is deeply appreciated and reflects the highest ideals of our profession.
On April 3rd, we held our annual Spring Bench Bar event, where attendees were treated to an outstanding plenary CLE presentation by Steven Pacillio. His talk on the intersection of artificial intelligence and security was as timely as it was insightful, sparking valuable dialogue about the evolving challenges and opportunities facing the legal profession. Our thanks go out to Steve, our Bench Bar Committee Chair, Patrick McKenna, all our speakers, and the Judges of the Court of Common Pleas for their vital contributions to the success of this event.
On March 22nd, the CCBA held its annual Wills for Heroes event, where 23 attorneys, 5 notaries, and 4 community members generously volunteered their time to provide pro bono estate planning services to military veterans, first responders, and their families. As a result of their efforts, 41 estate planning documents—including wills, healthcare powers of attorney, and financial powers of attorney—were prepared.
Another particularly meaningful moment this quarter was our participation in the Naturalization Ceremony. It was an honor to witness so many individuals take the oath of
citizenship—a powerful reminder of the core values of justice, equality, and community that we strive to uphold as members of the legal profession. The CCBA’s continued role in this ceremony is both a privilege and a point of pride.
Looking ahead, I encourage you to save the date for the Chester County Bar Foundation’s Golf and Pickleball Fundraiser, scheduled for May 12, 2025 at Radley Run Country Club. This promises to be a fun and impactful day in support of the Foundation’s essential charity work, and I hope to see many of you there.
I would like to thank our dedicated leadership team and staff, led by our Executive Director, Greg Nardi, for their outstanding efforts. And to all of you—thank you for your continued commitment to the CCBA. I look forward to building on our momentum and celebrating even more successes in the months to come.
Warmest Regards,
James D. Doyle President, Chester County Bar Association
ATTORNEY DISCIPLINARY AND ETHICS MATTERS
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• 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
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Was Your Client’s Claim for Payment Discharged in a Bankruptcy Case That They Had
No Notice of?
YBy Robert J. Lohr, Esquire
our client calls you and says I just spoke to John Doe who owes me a lot of money and he said that any money he owed me was discharged in his bankruptcy case. I told him that I was not aware that he had even filed for bankruptcy, to which he replied – too bad! What advice do you give your client? Our all-toocommon answer – it depends. Specifically, it depends upon which Chapter of the Bankruptcy Code the debtor received his or her discharge under, as well as the basis for the debt. Was the creditor listed in the debtor’s schedules and creditors matrix? If not, did the creditor have notice or actual knowledge of the debtor’s bankruptcy filing? This article will address the distinction between how Chapter 7 and 13 cases address this situation.
The starting point in this analysis is found in 11 U.S.C. 521(a)(1)(A) which sets forth: A[t]he debtor shall file a list of creditors... This list of creditors is used by the Clerk of the Bankruptcy Court to provide notice to the
listed creditors of: 1) the Chapter of the Bankruptcy Code that the debtor’s case was filed under; 2) the date, time and location of the debtor’s meeting of creditors; 3) deadlines to file proofs of claim for both governmental and non-governmental units; and 4) the deadline by which complaints objecting to discharge ability of certain debts must be filed. The primary benefits to those creditors receiving notice are the opportunity to participate in the bankruptcy case by: 1) attending the meeting of creditors and questioning the debtor under oath; 2) objecting to the debtor’s exemptions; 3) filing a proof of claim; 4) objecting to the debtor’s plan of reorganization; 5) seeking relief from the automatic stay; and 6) objecting to the debtor’s discharge.
The significance of which Chapter of the Bankruptcy Code that the case was filed under relates directly to the breadth of the discharge granted. A discharge under Chapter 13 is broader than a discharge under Chapter 7. In order to determine whether your client’s claim for payment (“claim”) was discharged, you are required to review the applicable discharge section of the Chapter filed under and determine if the Claim falls under one of the exceptions to discharge as listed in section 523 of the Bankruptcy Code. For instance, most taxes, domestic support obligations,
debts premised upon fraudulent conduct, and student loans are not discharged in either Chapter, whether or not the creditor was listed.
Since your client was not listed as a creditor, and therefore deprived of notice from the Bankruptcy Court1, we must determine how the Bankruptcy Code treats creditors who were unable to participate in a debtor’s bankruptcy case. Section 523(a)(3) of the Bankruptcy Code addresses unlisted creditors, and sets forth:
(a) A discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt
(3) neither listed nor scheduled under section 521(a)(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit-
(A) if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or
(B) if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request;
Section 727 contains the parameters of a debtor’s discharge under Chapter 7 and section 1328 for Chapter 13.2 If John Doe’s bankruptcy case was one under Chapter 7, we must determine whether it was an asset case or no asset case. This distinction is unnecessary in Chapter 13 as all Chapter 13 cases are asset cases. The difference
between an asset case and no asset case is an asset case is one which had assets available to be distributed to creditors whereas a no asset case had no assets available for distribution. 727(b) states: [e]xcept as provided in section 523 of this title, a discharge under subsection (a) of this section discharges the debtor from all debts that arose before the date of the order for relief [date that the bankruptcy case was filed] . . . In addition, in a no asset Chapter 7, proofs of claim are not required to be filed so sections 523(a)(3)(A) or (B) do not provide relief to the unlisted creditor, however, the deadline to determine dischargeability in a no asset case for unlisted creditors with potentially nondischargeable debts never begins to run. Accordingly, an unlisted creditor, and the debtor, have an unlimited time to file a motion for the Bankruptcy Court to reopen the case for the purpose of determining the dischargeability of the unlisted debt in the future.3
If John Doe’s case was a no asset Chapter 7, sections 523(a) (3)(A) and (B) are inapplicable as both sections state the reason for nondischargeability as the creditor’s inability to file a proof of claim. If a case is identified as a no asset Chapter 7, the notice to creditors instructs creditors not to file a proof of claim as no assets will be distributed. “In a case where there are no assets to distribute, however, the right to file a proof of claim is a hollow one.” Judd v. Wolfe (In re Judd), 78 F.3d 110, 115 (3d Cir. 1996). It is only section (B) which addresses the creditor’s inability to timely file a request for a determination of dischargeability. Debts subject to section 523(a)(3)(B) are those of a kind specified in paragraph (2), (4) or (6) of this subsection.4
In a no asset Chapter 7 bankruptcy case, a debt to an unlisted and unscheduled creditor is discharged, subject to the controlling provisions of section 523. If the debt at issue is not a debt described under Section 523(a)(2), (4)
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1Other means of notice or actual knowledge of the bankruptcy case by a creditor may suffice as defenses for a debtor who attempts to establish that the creditor was aware of the filing.
2Section 1328(b) is referenced in 11 U.S.C. 523(a)(3), which is the section of the Bankruptcy Code addressing hardship discharges. The majority of discharges under chapter 13 are granted under section 1328(a), of which the primary exceptions to discharge are found in section 1328(a)(2), which excepts from discharge any debt Aof the kind specified in section 507(a)(8)(C) or in paragraph (1)(B), (1)(C), (2), (3), (4), (5), (8) of section 523(a).@ (The “Chapter 13 Exceptions to Discharge.”)
3A(b) Time for Commencing Proceeding Other Than Under Section 523(c) of the Code. A complaint other than under Section 523(c) may be filed at any time. A case may be reopened without payment of an additional filing fee for the purpose of filing a complaint to obtain a determination under this rule.@ Federal Rule of Bankruptcy Procedure 4007(b).
4Summarized, 11 U.S.C. 523(a)(2) addresses debts incurred by the debtor’s fraudulent conduct by either his/her actions or writings. Section (a)(4) addresses debts for fraud or defalcation while action in a fiduciary capacity, embezzlement or larceny and section (a)(6) addresses debts for willful and malicious injury by the debtor to another entity or to the property of another entity.
or (6) [or any of the other exceptions to discharge under section 523], the debt has been discharged by virtue of section 727(b), whether or not it was listed. If, however, the debt is a debt that falls under sections 523(a)(2), (4) or (6) [the Intentional Torts], the debt is not discharged by virtue of section 523(a)(3)(B). In re Judd, at 115. For instance, if the debt is premised upon a breach of contract and the creditor was not listed in a no asset Chapter 7 bankruptcy case, the debt will be discharged, however, the same debt will not be discharged in a Chapter 7 asset case. On the other hand, if the debt is premised upon one of the Intentional Torts, the debt will not be discharged in either an asset or no asset Chapter 7 bankruptcy case.
In many instances, debtors will file a motion to reopen a closed bankruptcy case in which a discharge has been granted. If the case is reopened, the debtor will usually file an amended schedule and creditors matrix including the omitted creditor with the expectation that these amendments will result in the previously unlisted debt to be discharged. The Judd Court addressed this issue as it pertains to a no asset Chapter 7 bankruptcy case. “The Court of Appeals concluded that after such a case is closed, dischargeability is unaffected by scheduling if the omitted debt is the type of debt covered by 11 U.S.C. 523(a)(3) (A), because it has already been discharged pursuant to 11 U.S.C. 727(b). The court noted as well that if the debt is the type of debt covered by 11 U.S.C. 523(a)(3)(B), then it has not been discharged and is non dischargeable.” In re Judd, at 115 116. Many bankruptcy courts have reached the same conclusion.5
If John Doe’s case was one under Chapter 13, the analysis is far easier to determine the dischargeability of the Claim. All creditors are provided the opportunity to file a proof of claim in a Chapter 13 bankruptcy case, which determines the amount of distribution that the creditors will receive from the confirmed Chapter 13 plan. The Bankruptcy Code section controlling Chapter 13 discharges is 11 U.S.C. 1328, and subsection (a)(2) specifies the Chapter 13 Exceptions to Discharge. Since section 523(a)(3) is one of the exceptions, and both (a)(3)(A) and (B) reference timely filing of a proof of claim, all debts held by creditors who did not have notice or actual knowledge or were not listed in the debtor’s bankruptcy case were not discharged.
In summary, if the Claim is premised upon any of the exceptions to discharge listed in section 523(a) of the Bankruptcy Code, and your client did not receive notice, and the debtor received a discharge under Chapter 7, the debt was not discharged whether it was an asset or no asset case. If the Claim is not premised upon any of the exceptions to discharge and the case was a no asset Chapter 7, the Claim will have been discharged with or without notice. If the Claim is not premised upon any of the exceptions to discharge and the case was an asset Chapter 7, the Claim will not have been discharged if your client did not receive notice or have actual knowledge of the case. If the debtor received a discharge under Chapter 13 and your client did not receive notice or have actual knowledge of the bankruptcy case, the Claim was not discharged.
5See In re Mendiola, 99 Bankr. 864, 865 (Bankr. N.D. Ill. 1989) (reopening the case to amend schedules would not affect the rights or liabilities of the parties, but would be an exercise in futility); In re Karamitsos, 88 Bankr. 122 (Bankr. S.D. Tex. 1988) (the filing of an amended creditor schedule after discharge has been granted in a no asset Chapter 7 case has absolutely no effect on the dischargeability of the debt); In re Guzman, 130 Bankr. 489 (Bankr. W.D. Tex. 1991) (scheduling or not scheduling a creditor has no impact on whether the creditor’s claim is discharged; Section 727 extends discharge to all prepetition debts and applies without regard to whether the debt is listed in the schedules). Accord In re Thibodeau, 136 Bankr. 7 (Bankr. D. Mass. 1992); In re Anderson, 72 Bankr. 495 (Bankr. D. Minn. 1987); In re Peacock, 139 Bankr. 421 (Bankr. E.D. Mich. 1992). In re Judd, n.11.
CCBA’s Bankruptcy and Creditors’ Rights Section
By Mark Blank, Jr., Esquire
In 1994, two Chester County lawyers got together and decided to form a new section. One of the lawyers had just recently begun to practice bankruptcy, the other had been handling bankruptcy cases on a touch and go basis for about twelve years. Both of their bankruptcy practices were rapidly growing. Their thought was that there would be a need for a monthly meeting to discuss the various issues that arise or were likely to come forth in the bankruptcy setting. Thus, the Bankruptcy Section was formed.
The Section met regularly until 2020, that is, the beginning of the pandemic. Then, subsequently and unfortunately, the new chair of the Section passed away. The Section has been revived with the same focus as previously, but with a modified name, that is, “Bankruptcy and Creditors’ Rights.” The co-chairs are Robert H. Lohr, Esquire, Kristen Wetzel Ladd, Esquire, and John A. Gagliardi, Esquire.
For those who are interested in doing bankruptcy, know that bankruptcy is a complex field of the law. For those who have been practicing bankruptcy, you already know how involved bankruptcy is. (And if you don’t, then you could be in for a big surprise when it turns on you and bites you like a pit viper.) And for everybody, bankruptcy intersects with most areas of
state and common law: contracts; commercial transactions; torts; UCC; corporations; partnerships; agency; liens and lien priorities; subrogation; license suspensions; estates and trusts; and yes, family law.
Now, let us begin with some very basics. Bankruptcy is a statutory form of debt relief in which the ultimate goal is to extinguish liabilities. Bankruptcy is federal law (United States Constitution, Article I, Section 8) and is codified in 11 U.S.C. Section 101 et seq., which is known as the Bankruptcy Code.
The major and primary purpose of bankruptcy is to give a debtor a fresh start. As stated by the Supreme Court, the Bankruptcy Code provides a means “by which certain insolvent debtors can re-order their affairs, make peace with their creditors and enjoy a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.” Grogan v. Garner, 498 U.S.279, 268-87 (1991) (quoting Local Loan Company v. Hunt, 292 U.S. 234, 244 (1934)). See: In re Blanchard, 201 B.R. 108 (Bktrcy. E.D. Pa. 1996).
Another purpose of the Bankruptcy Code is to do equity among creditors. Burlingham v. Crouse, 228 U.S. 459, 473 (1913). However, in most consumer cases, particularly where there are no assets and the bulk of the creditors are unsecured, the fresh-start principle is the most applicable.
The Bankruptcy Code provides for a whole host of chapters, but the most noteworthy are Chapters 7, 11, 12 and 13.
Chapter 7 (Section 701 et seq.) is also known as a “liquidation,” and is available to individuals, partnerships, corporations and LLCs. The debtor, in essence, relinquishes all of his property (subject to the exemptions provided by
the Code) to a trustee, who liquidates and distributes the proceeds to creditors who have timely filed claims which are allowed.
Chapter 13 is only available to individuals (Section 1301 et seq.). Chapter 13 is applicable to debtors with two distinct types of problems: (1) those who are behind in their mortgage payments and need to have a court approved and supervised payment plan to cure the default arrearages; and (2) those debtors whose net incomes are greater than their expenses. The latter must pay to creditors all available income. The typical length of a Chapter 13 plan is 36 to 60 months. For all Chapter 13 debtors, there is a debt limit: $465,275 in unsecured debt; $1,395,875 in secured debt. The foregoing amounts cannot be contingent and/or unliquidated.
A Chapter 12 is a mirror image of a Chapter 13, but is only available to “family farmers” or “family fishermen” with regular income (Section 1201 et seq.).
A Chapter 11 is a business reorganization, usually for corporations (Section 1101 et seq.). It is designed for companies (or, in some cases, individuals) who believe that they can propose an acceptable plan of reorganization so that the business can continue.
Since the purpose of the Bankruptcy Code is to give a debtor a fresh start, that fresh start cannot be accomplished if the debtor is stripped of all of the clothes off of his back and thrown out on the street. Therefore, the Bankruptcy Code allows certain property to be exempt, that is, out of the reach of creditors. Section 522 provides for the following exemptions: (1) $31,575.00 of equity in property that a debtor uses as a residence; (2) $5,025.00 in one motor vehicle; (3) $16,890.00 in household goods and personal items; (4) $2,125.00 in jewelry; (5) the debtor’s interest in any property not to exceed $1,675.00 and $15,800.00 in the unused homestead exemption; (6) $3,175.00 in implements or tools of the trade; (7) any unmatured life insurance contract; (8) $16,850.00 in the value of a whole life insurance policy; (9) professionally prescribed health aids; (10) the debtor’s right to receive social security, unemployment compensation, a veterans’ benefit, disability, alimony or support; (11) an award under a crime victim’s reparation law; (12) $31,575.00 on a personal injury claim; and (13) $1,711,975.00 in retirement funds.
Qualified retirement plans are not exempt. Why not? Because qualified plans are not property of the bankruptcy estate and, thus, unavailable to creditors. Patterson v. Shumate, 504 U.S. 753 (1992). Therefore, there is no monetary limit except for the sky. Similarly, property held in trust is not property of the bankruptcy estate. In re Newman, 903 F.2d 1150 (7th Cir. 1990); In re Kragness, 58 B.R. 939 (Bkrtcy.D.Or.1986). With respect to constructive trusts, the same applies. In re ABC Learning Center Ltd., 728 F. 3d 301(3d Cir. 2013).
The debtor has the option of choosing exemptions under “applicable non-bankruptcy law,” Section 522(a)(3)(B). The most commonly employed exemption under Pennsylvania law pertains to property held as tenants by the entireties. For example, if the only person filing is husband, and all of the debts are in husband’s name, he can employ the entireties exemption in lieu of the federal exemption. Let us suppose, for example, that he owns his house and all of his personal property with his wife (See: Amadon v. Amadon, 359 Pa. 434 (1948)). He has IRAs and a 401(k). See: 42 Pa.C.S.A. Section 8124(b). All of his property is exempt pursuant to Pennsylvania law and, in particular, the property that he owns jointly with his wife, which may exceed the value of exemptions allowed pursuant to Section 522 of the Bankruptcy Code.
Not all debts are discharged in bankruptcy. Debts which are excepted from discharge are designated in Section 523. They include: (1) most taxes; (2) debts incurred by fraud; (3) debts which have not been listed. But see: Judd v. Wolfe, 78 F.3d 110 (3d Cir.1996); (4) claims alleging fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny; (5) domestic support obligations; (6) claims that arise as a result of a willful and malicious injury. See: Kawaauhau v. Geiger, 523 U.S. 57 (1998); In re Conte, 33 F.3d 303 (3d Cir. 1994); (7) fines, penalties and forfeitures; (8) domestic relations claims; (9) student and educational loans, unless payments would cause an undue hardship. See: Brunner v. New York State Higher Education Services, 831 F.2d 395 (2d Cir.1987); In re Faish, 72 F.3d 298 (3d Cir.1995); (10) claims arising as a result of operating a vehicle, vessel or aircraft while under the influence of alcohol or drugs; (11) advances on credit cards to pay taxes.
In addition to the exceptions to discharge of certain claims pursuant to Section 523, a debtor can be denied a discharge altogether. Code Section 727 states the following grounds for denial of a discharge: (1) the debtor has committed acts to hinder, delay or defraud creditors; (2) the debtor has concealed or destroyed property, or has failed to keep or preserve records; (3) the debtor made a false oath or account or presented a false claim; (4) the debtor fails to satisfactorily explain the loss of an asset; (5) the debtor has refused to obey a court order; (6) the debtor has been granted a discharge within eight years.
The trustee, United States trustee or a creditor may object to a discharge on grounds of Section 727. See: In re Mezvinsky, 265 B.R. 68 (Bkrtcy. E.D.Pa.2001).
Suppose a creditor has a monetary judgment against the debtor or joint debtors? Since a judgment operates as a lien on all of the real property owned by the debtor(s) in the county wherein the judgment is recorded, 42 Pa.C.S.A. Section 4303 (a) (1982), the judgment remains on the docket of the case which resulted in the judgment. The debtor is discharged from the underlying debt, but the lien of the
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judgment remains on the records and constitutes a cloud on the debtor’s real estate.
So what do we do? Section 522 (f)(1)(A) of the Bankruptcy Code provides that a debtor may “avoid the fixing of a lien on an interest of a debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled . . . if such a lien is a judicial lien. . .” The requirements are that the lien be (1) a judicial lien; (2) fixed on an interest of the property of the debtor; (3) on property that the debtor has claimed as exempt and is entitled to exempt that property; (4) the lien must impair that exemption. In re David C. Collins, Bky. No. 06-12517, E.D.Pa. April 5, 2007, at 9; In re Wansor, 346 B.R. 147, 148 (Bkrtcy. W.D. Pa. 2006). Accordingly, if a judgment is a judicial lien, it is avoidable, however, only if it impairs an exemption.
The debtor must file a motion to avoid the lien with the bankruptcy court after which there will be notice and a hearing. The amount of the exemption claimed and the value of the real estate could be issues. See: In re Bozzelli, 227 B.R. 770 (Bankr. E.D. Pa.1998)1
Let us suppose that there is a judgment against husband or wife, but not both. As a matter of common law, that judgment does not constitute a lien against real property owned by husband and wife as tenants by the entireties. Can such a judgment be avoided? Since it is not a lien, then technically, no. In re Collins, supra, however, answered that question in the affirmative. The court there held that such a judgment, although not recognized as a lien at common law is, indeed, a lien on real estate, albeit “inchoate,” and can be avoided.2
What if the debtor owns no real estate and the personal property is free of any levies? Since the judgment against the debtor does not rise to lien status, it cannot be avoided; however, it “represents unsecured debt of the debtor subject to the general discharge provisions of the Bankruptcy Code” and can be rendered void under Section 524(a)(1) upon entry of a discharge. Hunsicker v. Portfolio Recovery Associates, LLC, 564 B.R. 266, 268 (Bankr. M.D. Pa. 2017).
Can such judgments be removed from the court docket notwithstanding their non-lien status? Well, maybe. But that is for another day.
1A judgment does not constitute a lien on personal property unless and until the sheriff has levied on such property. A Magisterial Court is not a court of record; thus, judgments in those courts are not liens. However, if a MDC judgment is certified and filed with the Prothonotary as such, it could become a judicial lien.
2The reasoning of the court is remarkable. It follows a thorough discussion of the common law and American history as to ownership as tenants by the entireties.
Oh, just one more thing, folks, before closing. In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act. The true purpose of the Act was to make it more difficult for consumer debtors. If a debtor’s household income is above the median for the state, then he will be required to take the means test, in which only certain designated expenses would be allowed to determine available income for creditors. The medium incomes for Pennsylvania residents are as follows: $65,737.00 (households of one); $80,864.00 (households of two); $100,881.00 (households of three); $122,151.00 (households of four). All debtors above those medium income figures are subject to the means test.
Well, that is it for your freshman orientation. However, this only scratches the surface. There is much more to learn. If you are interested and/or curious, come to our Section meetings. I look forward to seeing you there.
The Importance of the Statute of Repose in Products Liability Lawsuits
WBy Catelyn McDonough, Esquire
hen consumers purchase products, they trust that these items are safe and effective for their intended use. However, defects and malfunctions sometimes occur, leading to serious injuries or damage. Products liability law allows consumers to seek compensation for harm caused by defective products, holding manufacturers, distributors, and retailers accountable. Among the legal concepts central to products liability litigation is the statute of repose—an often misunderstood but critical doctrine that significantly impacts both plaintiffs and defendants.
What is a Statute of Repose?
A statute of repose is a legal provision that sets an absolute time limit on when a lawsuit can be filed after a product has been manufactured or sold, regardless of when the injury occurred. Unlike a statute of limitations, which typically starts running from the date an injury is discovered, the statute of repose begins from a fixed event, such as the date of product delivery or the date it was placed in the stream of commerce. The time frame for repose varies by jurisdiction and type of product but often ranges from 5 to 15 years.
The Purpose of the Statute of Repose
The primary objective of a statute of repose is to provide finality and certainty to manufacturers and sellers by limiting their liability after a defined period. This
provision recognizes that, over time, products may degrade, technology may become obsolete, and records or evidence necessary for defense may be lost or deteriorate. The statute of repose balances the interests of consumer protection with the need for fairness to businesses.
By limiting long-term liability, statutes of repose incentivize manufacturers to innovate and invest in new product development without fear of indefinite legal exposure. Over time, physical evidence can degrade, and witnesses may become unavailable. A statute of repose ensures that legal actions are filed while reliable evidence is still accessible.
Impact on Plaintiffs
The statute of repose can pose significant challenges for plaintiffs. Unlike statutes of limitations, which typically include provisions for tolling or exceptions for delayed discovery, statutes of repose often offer no such flexibility. This rigidity can bar legitimate claims, especially when defects are latent and injuries occur long after the product is sold. Injured parties must be aware of applicable repose periods in their jurisdiction to avoid missing the filing deadline. While there are very few exceptions, some jurisdictions include limited exceptions to the statute of repose for specific circumstances, such as intentional concealment of defects or fraud by the manufacturer.
Understanding application and limitations imposed by the applicable statute of repose in your state is essential for injured parties to navigate the complexities of products liability litigation.
THE POWER OF BELONGING: Why Community Matters in the Legal Profession
IBy Greg Nardi CCBA Executive Director
n a profession often defined by deadlines, client needs, and courtroom dynamics, it’s easy to lose sight of one of the most vital components of a meaningful legal career: community. Time and again, we’re reminded that when legal professionals come together—not just to work, but to connect, support, and serve—we all benefit.
At the Chester County Bar Association (CCBA), we’ve seen firsthand how a sense of belonging transforms not only individual careers but the profession itself. In an increasingly virtual world, our local legal community remains a place where attorneys, judges, paralegals, and community members find connection, mentorship, collaboration, and purpose.
This spring has been a particularly vibrant reflection of what it means to belong.
Our Young Lawyers Section, under the leadership of Lauren Nehra, continues to shine as a model of leadership and engagement. Their hard work culminated in a successful Mock Trial Competition, offering students a chance to experience the courtroom and receive mentorship from practicing attorneys. It was a powerful reminder of the profession’s future—and our responsibility to shape it.
On March 13, we gathered in the spirit of camaraderie (and for some spirits!) at our annual St. Patrick’s Day Happy Hour at Ryan’s Pub, a fun tradition where members old and new catch up over a pint and a pot-o-gold!
Just over a week later, on March 22, more than 20 attorneys gave up their Saturday to serve local First Responders and Veterans through our Wills for Heroes event. Alongside them were five paralegals and five community members who volunteered as witnesses, helping produce over 40 wills and other estate planning documents. This day showcased the profession at its best: using legal skills in service to those who serve us. Thank you to CCBA member Courtney Wiggins for coordinating another great event!
Spring Bench Bar Conference at The Desmond Hotel
We also continued a proud tradition on March 28 by hosting another Naturalization Ceremony at the Justice Center. Thirty new U.S. Citizens took their Oath of Citizenship in a moving ceremony, beautifully coordinated by Rosana Chiple and our Naturalization Committee. These moments of unity and patriotism are a powerful reminder of our shared values as a legal community.
Thanks to our incredible staff—Melissa Willson, Meredith Barr, and Lauren Shea—and the leadership of committee chair Pat McKenna, our Spring Bench Bar Conference on April 3 brought together over 160 legal professionals for an enriching day of learning, networking, and professional development. The event was a shining example of how connection and education go hand-in-hand.
From April 14-17, we celebrated Membership Appreciation Week, an energizing time that included our first-ever Coffee with Counsel at Twin Valley Coffee (April 15), a warm and welcoming New Member Breakfast (April 16), and a fun-filled Young Lawyers’ Happy Hour (April 17) at Saloon 151. Each event reflected the heart of the CCBA: personal connection, professional growth, and shared experiences.
On April 24, the Women in the Law Section, led by Michelle Bernardo-Rudy, hosted a Professional Women’s Networking Event at Teca, offering space for fun, encouragement, and peer support among professional women in our community—a crucial component of belonging in a demanding profession.
We also kicked off our Summer Golf League, this year under the enthusiastic leadership of Wes Legg, following the long-time leadership of our current President, James Doyle. This transition not only honors past contributions but also welcomes Wes’ new energy!
Looking ahead, we are excited about celebrating the legal profession and civic engagement at our Law Day Ceremony, organized by Amanda Sundquist, staff-lead Kari Piatt, and the various members and components of the Law Day Committee, on May 2.
We are also eager to hold the Chester County Bar Foundation’s annual fundraiser on May 12—a Golf and Pickleball Outing with Dinner at Radley Run Country Club. It’s a chance to raise essential funds for our foundation while strengthening the bonds that hold our community together. 2025 is the 40th anniversary of our Foundation and we are excited about continuing to build on what our members started a few decades ago.
In the spirit of our President’s focus on events for those with young families, CCBA will participate in Family Movie Night on Saturday, May 31st in Malvern. Bring a picnic and chairs and blanket and enjoy the first Harry Potter movie – The Sorcerer’s Stone – under the stars!
What ties all these events together isn’t just participation—it’s belonging. It’s about showing up for each other, learning together, building careers, celebrating milestones, and serving our broader community. At a time when so much of our world is moving online, our local bar association also provides a place and community to remain a physical and emotional home base.
Belonging isn’t just a feeling—it’s a force. And here at CCBA and in Chester County, it’s alive and well.
Coffee at Twin Valley during Membership Appreciation
St. Patrick’s Day Happy Hour on March 13
CCBA BAR TAB
New personal and professional updates
DAN LEPERA recently made partner at UNRUH, TURNER, BURKE, AND FREES.
LAMB MCERLANE PC recently welcomed CARA COYNE SAWYER to its Family Law group as Of Counsel.
MATTHEW COOPER, an attorney at MACELREE HARVEY, recently was named one of Vista Today’s NextGen Superstars under 40.
GAWTHROP GREENWOOD, PC, has elected litigator and shareholder STEPHEN R. MCDONNELL as chair of the firm’s management committee.
ATTORNEY JOHN RAFFERTY opened his own firm in West Chester, HIGHFIELD LAW.
MELISSA RHEINSTADTER, an Associate attorney at LAMB MCERLANE, was recently named one of Vista Today’s NextGen Superstars under 40.
The Young Lawyers’ Division is open to those members of the CCBA aged 40 or younger. For more information or to get involved, email Lauren Shea at LShea@chescobar.org
YLD CORNER
The YLD hosted the second annual YLD v. ELD kickball classic in September!
2024 HIGHLIGHTS!
YLD MEMBER SPOTLIGHT
Keep an eye out for an email with details about semi-finals and finals for Mock Trial!
YLD Happy Hour April 17th, 5-7 PM
YLD Meeting March 13th @ 12 PM
The Annual Quizzo fundraiser raised a record $5,750 to benefit Safe Harbor of Chester County! MEET THE 2025 YLD BOARD QUARTER ONE 2025
Oh, The Places You’ll Go February 20th, 5-7 PM
CHAIR
Lauren A. Nehra, Esq. Unruh Turner Burke & Frees
2025 PBA Mock Trial
MacMain Leinhauser
PBA’s Conference of County Bar Leaders
The YLD Board attended CCBL March 6th-8th in Gettysburg, PA.
Meet Alexandra “Allie” Roberts!
Where do you work and what area of law do you practice?
Buckley, Brion, McGuire & Morris LLP Civil Litigation
The Annual Quizzo fundraiser raised a record $5,750 to benefit Safe Harbor of Chester County!
How long have you been a lawyer? 2 ½ years
What do you like most about practicing law?
I like that I’m guaranteed to find something new and exciting come across my desk each day. It’s never the same thing twice. Practicing law pushes me out of my comfort zone and challenges me to do things I never thought I could.
The YLD had a successful 2024, hosting more than 10 meetings and events, and adding 77 new YLD-eligible members to the group.
If you were an animal, what would you be and why?
2024 HIGHLIGHTS!
A jellyfish – a litigator needs to know when to go with the flow and when to sting!
The YLD had a successful 2024, hosting more than 10 meetings and events, and adding 77 new YLD-eligible members to the group. The Young Lawyers’ Division is open to those members of the CCBA aged 40 or younger. For more information or to get involved, email Lauren Shea at LShea@chescobar.org
Maeve E. Bain, Esq.
SECRETARY/ TREASURER
SECRETARY/ TREASURER
This year’s Mock Trial consisted of 17 participating teams, competing over 5 nights of competition. Thank you to everyone who volunteered to make this year a success! And a big congratulations to B.Reed Henderson High School, this year’s District Champion!
CHAIR-ELECT
Asha I. Steele, Esq. Unruh Turner Burke & Frees
Oh The Places You Will Go
Maeve E. Bain, Esq. MacMain Leinhauser IMMEDIATE PAST CHAIR
Unruh Turner Burke & Frees
Congrats to YLD for Winning Best Theme: '90s Throwback!
Ryan M. Jennings, Esq. Unruh Turner Burke & Frees
St. Patty’s Happy Hour @ Ryan’s Pub
Lauren A. Nehra, Esq.
CHAIR
The YLD hosted the second annual YLD v. ELD kickball classic in September! SAVE
Oh, The Places You’ll Go February 20th, 5-7 PM
YLD Meeting March 13th @ 12 PM
YLD CORNER
email Lauren Shea at LShea@chescobar.org
Save the Dates: Next Two YLD Meetings May 8th @ 12 PM July 10th @ 12 PM
YLD Happy Hour April 17th, 5-7 PM
Phillies Phun! May 17th @ Citizens Bank Park 2025 Bar Sail June 12-13th in Kent Narrows
Keep an eye out for an email with details about semi-finals and finals for Mock Trial!
Pa High Court Clarifies the Role of the Pa Environmental Hearing Board in the Administrative Law Process: Jurisdiction of the PaEHB Is
Not Pre-Empted by the Federal Natural Gas Act
IBy John R. Embick, Esquire
John R. Embick, PLLC Chair of the CCBA Environmental Law Section
n Cole, et al. v. Pa Department of Environmental Protection, No. 21 EAP 2023 (January 22, 2025), the Pa Supreme Court held that Pa Environmental Hearing Board (PaEHB) jurisdiction to review appeals of the issuance of state air quality permits was not preempted by section 717r(d)(1) of the federal Natural Gas Act, 15 U.S.C. 717r(d)(1). This may seem, at first glance, to involve a fairly narrow area of law, but the decision has broader implications that relate to the scope of federal law supremacy, and preemption of state regulation, and the opinion affirms and cements the integral role that is played by the Pa EHB in the state administrative law process related to matters of Pa environmental law. The story begins with the approval by the Federal Energy Regulatory Commission (FERC) for the reactivation and reconstruction of the Adelphia Gateway Pipeline. The Adelphia pipeline, among other things, carries natural gas from various locations to Marcus Hook and to the Martin’s Creek Power Plant (and passes through Chester County on the way). In connection with the federal approval to restart and refurbish the pipeline, FERC
required Adelphia to obtain Pa air quality permits for emissions from several large compressor stations along the pipeline route, which compressors were needed to facilitate movement of materials in the pipeline.
The issuance of a state air quality permit by the Pa Department of Environmental Protection (PaDEP) for one of the compressor stations was appealed by area residents and the host municipality to the PaEHB. The PaEHB, after analyzing the language of 15 U.S.C. 717r(d) (1), concluded it did not have jurisdiction over the appeals and dismissed the appeals. The permit challengers then appealed the PaEHB dismissal to Pa Commonwealth Court. Pa Commonwealth Court unanimously held that the PaEHB had jurisdiction to hear the appeals. Adelphia then appealed to the Pa Supreme Court, which affirmed. 15 U.S.C. 717r(d)(1) states in principal part, as follows:
The United States Court of Appeals for the circuit in which a facility . . . is proposed to be constructed, expanded, or operated shall have original and exclusive jurisdiction over any civil action for the review of an order or action of a federal agency . . . or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit, license, concurrence or approval . . . required under Federal law. (emphasis supplied)
The Supremacy Clause in the U.S. Constitution indicates that federal law is the supreme law of the United States
and that state judges are bound to follow this mandate. U.S. CONST. art. VI, cl.2. In addition, under the principles of preemption (i.e., express, implied, and field), state law may be displaced in certain circumstances.
In connection with sec. 717r(d)(1), note that litigation in the U.S. Court of Appeals would occur based on the administrative record created by PaDEP in evaluating the permit applications. However, litigation before the PaEHB has many attributes of civil litigation (e.g., interrogatories, depositions, expert opinions, etc.), and the PaEHB may receive evidence beyond that created in the administrative agency record of decision. Accordingly, the forum in which the appeals are litigated could make a big difference.
Section 717r(d)(1) seems straightforward enough, so why doesn’t this federal law provision divest the PaEHB of jurisdiction over appeals from the issuance of Pa air quality permits? The main reason is that the Pa courts have determined that administrative law appeals of PaDEP actions are not civil actions. To the contrary, these appeals are classified by Pa courts as “administrative proceedings,” and are therefore not preempted by the NGA. Slip op. at 13.
In part, the Cole decision was informed by the Court’s understanding of the structure of state environmental administrative action and review. In the Pa Commonwealth’s structure, PaDEP is the executive branch; the Pa Environmental Quality Board (PaEQB) is the legislative branch, responsible for rulemaking; and the PaEHB is an independent, quasi-judicial body, responsible for reviewing PaDEP actions. Under Pa law, no action of PaDEP is final to any person, until an aggrieved person has had an opportunity to appeal to the PaEHB. The PaEHB’s duty is to determine if PaDEP’s action is supported by the evidence taken by the PaEHB. Accordingly, under considerations of administrative action finality, Pa has not taken final action until a PaEHB appeal is resolved (or in the event that a PaEHB appeal is forgone). See Slip op. at 5.
Much of the Cole decision involves the analysis of a number of U.S. Circuit Courts of Appeal decisions which relate to section 717r(d)(1), in an attempt to harmonize or distinguish various rulings. Accordingly, energy law practitioners therefore might find value in reviewing these aspects of the Cole decision.
In concluding, the Pa High Court stated:
The EHB was too quick to disclaim its own jurisdiction over Appellees’ administrative appeal in this case. Nothing in state or federal law compelled its decision, and aspects of Riverkeeper III in particular strongly suggested that EHB retained jurisdiction over Appellees’ administrative appeal as such. Whether Appellees individually or collectively might instead have filed a civil action before the United States Court of Appeals is not our concern. Nor is it directly at issue in this case. We accepted review to determine whether EHB had jurisdiction over the instant appeals. We hold that it did.
Slip op. at 35.
Only the U.S. Supreme Court can tell the Pa Supreme Court that the Cole ruling is incorrect, so the story may not be over. For now, Pa practitioners are on notice that the issuance of state air permits associated with interstate pipeline projects may be appealed to the PaEHB. These appeals could probably also be lodged in the U.S. Circuit Courts of Appeal, but that is another story for another day.
Mediation Done Right
Steve Lagoy, Esquire
• Pepperdine Law –Dispute Resolution Diplomate
• Martindale Hubbell AV-rated – 25 years
• Pennsylvania Super Lawyer (ADR) – 14 years utbf.com | 610-692-1371 | slagoy@utbf.com
Handling Resident Misbehavior
By Elliot H. Berton, Esquire
Acommunity association resident is acting outrageously. Complaints are flooding in to management and the Board. You’ve demanded that the resident behave, but the communications have been ignored and the misconduct continues. What is to be done?
Many times the resident’s behavior is so outrageous (e.g., firing a gun inside a unit, wandering common areas in underwear, consistently badgering other residents) that there are no specific rules that may apply to the conduct. Sometimes the conduct may simply constitute too much of an otherwise permissible activity (e.g., loud music at multiple parties, excessive smoking in permitted areas, overwhelming amount of holiday decorations). In such instances, associations may have to choose between taking no action or relying upon generic rules that regulate or control “nuisances” or conduct that “unreasonably interferes” with the use and enjoyment of homes within the community.
In deciding what to do, it is important to recognize that the prospects for success in Court are often enhanced if the association can demonstrate that the owner or resident violated a specific covenant or rule which affects the health and safety of others or may have involved a trespass upon the community’s common areas. Generally, our Courts tend to be less sympathetic to the concerns raised by an association, and in turn, less likely to issue enforcement orders, without reasonably clear proof that the resident’s alleged misbehavior falls within one or more of the rules or restrictive covenants that the association has the authority to enforce.
Homeowners Association, 104 F.4th 1128 (9th Cir. 2024), a Federal Court found that an HOA’s attempt to stop an owner who staged a five-day Christmas event with actors and singers performing on common areas without permission may have created a “hostile environment” toward the owner’s religious expression.
Unless the resident’s behavior may be creating a situation
Moreover, associations have to be cognizant of the fact that rules enforcement litigation, especially relating to behavioral issues, is often time consuming and expensive. Such litigation may also give rise to an owner’s counterclaim against the association. In a recent case that was pending for years, Morris v. West Hayden Estates First Addition
that merits immediate court intervention, one enforcement option available to associations is to impose fines against the offending unit owner. Section 3302(a)(11) of our Uniform Condominium Act and Section 5302(a)(11) of our Uniform Planned Community Act authorize associations to levy fines for violations after “notice and an opportunity to be heard.” If the fines are properly levied but remain unpaid, the association may pursue a collection action to recover the fines and use that judicial proceeding as a method to secure rules compliance and control behavioral misconduct. Both of the above Acts also permit associations to recover their attorneys’ fees incident to such a collection action. (See, Sections 3315(a) and 5315(a) of the respective statutes.)
Of course, the goal for an association acting by and through its board, is to bring about a negotiated resolution with the
unruly resident, if at all possible, without resorting to the judicial remedies available to the association. In some instances, educating the offending unit owner of the applicable statutory remedies, including the imposition of fines and attorneys’ fees, may trigger a more fruitful dialogue that leads to a successful outcome. In community associations, few issues are more challenging than addressing resident misbehavior. Early consultation with the association’s legal counsel when such situations arise is often the key to achieving a practical, beneficial resolution.
ELYSSA BAIER
MAEVE BAIN
MARK BLANK
OLIVIA CALAMIA
BRYNN CRAWFORD
ALIZEE DULOISY
SALLY FARRELL
ELLEN FLATT
BRIAN GALLAGHER
EVENT HELD: MARCH 22, 2025
41 WILLS WERE CREATED!
ELIAS KOHN
MATTHEW KONCHEL
MADISON LYNN
JAMISON MACMAIN
JOHN MCKENNA
WILLIAM PATTON
MARISA RAUSCHER
THEODORE SPEEDY
ASHA STEELE-CHARTIER
WILLIAM GALLAGHER
JAMIE GONCHAROFF
MICHAEL HILLEGAS
ELIZABETH KELLY
CAROL AMPLO
DONALD BAIN
KRISTA CHEW
LISE HARRIS
•
DEBORAH STEEVES
DENNIS VONDRAN
JUDY WEINTRAUB
ELIJAH WESTOG
HEATHER KARNS
STEVE MANLEY
BROOKE PALMA
BETH SCHNEIDER
TEAMWORK MAKES THE DREAM WORK: Legacy Philanthropy
As baseball season heats up, it’s a terrific time to reflect on how professional advisors play a key role in setting up winning seasons for their clients.
Here are two funds held in trust by the Chester County Community Foundation. They exemplify how the relationship between a professional advisor and their client, along with a love of sports, further community well-being—akin to a home run in estate planning legacy philanthropy.
BELIEVE, PLAY, & HAVE FUN: TEAMWORK
Norm Mawby has always cared about his community. After serving in the U.S. Army, he taught high school English and History, and he then worked in regional planning at the County Planning Commission. From 1964-1987 Norm served as Tredyffrin Township manager and chief executive staff officer.
Always passionate about sports, in 2008 Norm published Part of the Parade profiling people who work for the Philadelphia Phillies, and in 2013 published Balls, Bats, and More.
Norm combined his passion for sports and community with philanthropy. Working with Louis Teti, Esq., of Stevens & Lee, Norm and his wife Marietta established the Believe, Play & Have Fun Fund with the Community Foundation.
Believe, Play & Have Fun primarily supports causes that ensure student athlete success in higher education, such as the men’s and women’s basketball athlete court campaign at West Chester University; the student-athlete alumni mentorship program at Penn State Brandywine; and a Temple University athletic/media scholarship.
Believe, Play & Have Fun also grants to causes that advance Parkinson’s disease care. This includes physician-scientist movement disorder fellowship program at University of PA; rehabilitation therapists and equipment at Riddle Memorial Hospital; and fundraising advocacy through the Shake It Off Foundation.
Reflecting on the nature of the partnership, Norm is enthusiastic. “A charitable fund at the Community Foundation is all about teamwork. I get to support the causes I care about, while the Community Foundation ensures due diligence and legal compliance. Together, we strive for the home run of positive community impact!”
Norm also credits the heartfelt, passionate legal expertise of Lou Teti, Esq., as a major driver of the fund’s success. “Lou set us up for success, knowing that the Community Foundation helps us stay on track.”
PAY IT FORWARD & 4KIDS2C FUNDS: DREAM WORK
After Ronn Fletcher retired as a DuPont mechanical engineer in 2001, his deep love for exploration led him to travel the world. But in his own backyard, he found another true calling: community needs across the nonprofit sector. By volunteering at the United Way of Southern Chester County with CEO Carrie Freeman, Ronn discovered a world previously unknown to him: disadvantaged children and youth with health care and home stability issues.
Working with estate planner Duke Schneider, Esq., of MacElree Harvey, Ronn’s passion for improving lives led him to establish two legacy funds at the Community Foundation: one focused on vision and the other on entrepreneurial solutions to social issues. Ronn’s dream extended to the realm of sports, notably through his partnership with the Philadelphia Eagles Charitable Foundation. His 4Kids2C Fund brought the Eagles Eye Mobile program to Chester County, providing free eye exams and glasses to disadvantaged youth.
Ronn’s desire to create a lasting impact resulted in a generous legacy gift—a seven-figure planned gift to his funds. Much like an athlete leaving it all on the field, Ronn left a lasting mark on his community, empowering others to see more clearly and live more securely, just as a coach pushes their team to reach new heights.
HOME RUN
The best teams—whether on the sports field or in legacy philanthropy—are those that bring together the right people at the right time and make the right moves.
Professional advisors are much like coaches helping players prepare for championship games. Together, they create a legacy of community investment, youth empowerment, and social good. These legacy funds will continue to hit home runs in their missions to support and empower communities, one play at a time.
Chester County Community Foundation
28 W. Market St., The Lincoln Building West Chester, PA 19382
www.chescocf.org | 610.696.8211
Zeb Davenport, Ed.D., Chair of the Board
Karen Simmons, President/CEO
Jason Arbacheski, CAP®, Gift Planning & Stewardship Director
Chester County Community Foundation
Secure Your Success: How LawPay Is Your Trusted Partner in Data Security
By Baillee Perkins
Baillee Perkins is the Content Writer for LawPay, the top-rated legal payment processing solution. She is based in Austin, TX.
Your Security is Our Priority
As a lawyer, your firm has an obligation to maintain the confidentiality of your clients and staff. That’s why keeping data secure is one of LawPay’s top priorities. However, we understand that some lawyers may have concerns about how their information is stored and protected.
In this guide, we’ll provide an overview of how LawPay ensures data security and answer common questions about our safety measures.
What is Cloud Computing?
Cloud computing allows you to store and access data online rather than on physical servers. This enables law firms to securely access files from anywhere with an internet connection. Examples of cloud storage tools include Google Drive and online banking services.
Cloud computing offers:
• Affordability: Eliminates the need for costly onsite servers and IT departments
• Convenience and Mobility: Access your case files anytime, anywhere
• Security: Protects electronic data better than physical paperwork
How LawPay Protects Your Data
LawPay operates on Amazon Web Services (AWS), a cloud computing platform trusted by leading corporations and government agencies. AWS provides robust security measures, including strict access controls and physical protections for its servers.
To further enhance security, LawPay enforces network restrictions that ensure data communications remain inaccessible to other AWS customers. We also encrypt all confidential information during transmission, whether within our own systems or with external partners such as payment providers and underwriting systems.
Payment Card Industry Data Security Standard (PCI DSS) Compliance
LawPay is Payment Card Industry Data Security Standard (PCI DSS) compliant, meaning we meet the highest security requirements for handling payment information. We conduct regular internal and third-party security audits to identify and mitigate vulnerabilities. Our security teams continuously monitor emerging threats and update our systems to stay ahead of potential risks.
Military-Grade Encryption
All data transmitted to and from LawPay is encrypted using 256-bit Transport Layer Security (TLS), the same level of encryption used in banking and healthcare. This ensures that sensitive client and financial data remains protected from unauthorized access.
Multi-Factor Authentication
Multi-factor authentication (MFA) adds an extra layer of security by requiring users to verify their identity
with a one-time code sent to a registered device before accessing an account. This significantly reduces the risk of unauthorized access, even if login credentials are compromised.
Other Security Features
In addition to the security measures we’ve already mentioned, LawPay has other features and safeguards in place to protect your account. These precautions include:
• PCI Compliance: Meets ABA regulations with an easyto-use compliance program at no extra cost
• Session Tracking: Monitors account activity for suspicious behavior
• Automatic Logout: Signs out inactive users or those logged in on multiple devices
• Customizable Payment Pages and a Card Vault: Prevents the need for manually handling sensitive payment information
• Access Controls: Allows firms to set user permissions to control access to data
Tips to Maximize Your Cybersecurity
One of the most common causes of data loss is human error. Here are some tips and tricks to keep your accounts secure:
• Enable MFA on your email address to increase security.
• Never share your LawPay password.
• Use a unique password for LawPay that differs from other accounts.
• Create strong passwords with at least 10 characters, including a number, special symbol, and capital letter, or use a password manager like 1Password.
If you feel your account has been compromised, contact us immediately. We’ll freeze your account and lock out all users until we confirm that everything is secure.
Give Your Firm Peace of Mind With LawPay
Data security is crucial to maintaining your firm’s reputation and client trust. Without strong security measures, law firms risk breaches that can lead to financial loss and diminished credibility.
LawPay was built with legal professionals in mind, ensuring that all data is protected through advanced security measures such as military-grade encryption, PCI DSS compliance, and MFA.
Beyond security, LawPay also enhances firm productivity and profitability with features like advanced reporting, end-to-end time tracking, and seamless payment processing.
Take control of your firm’s security and efficiency— schedule a demo with LawPay today! Trust Steve Costello, Esq. when you need an experienced arbitrator or mediator in Chester County.
In Recognition of April as Sexual Assault Awareness Month: The Journey of a Sexual Assault Victim/Survivor
By Ashley Shea, COO, The Crime Victims’ Center of Chester County, Inc
as told by Lady CVC
Disclaimer: The following message is delivered in a tone inspired by the fictional character Lady Whistledown, to draw in readers and create an accessible entry point to this difficult subject. However, please know that no light is meant to be made of the immense challenges faced by survivors of sexual violence, nor the seriousness of these matters. This approach is intended only to add narrative emphasis and highlight the gravity of the topics discussed. CVC remains wholly committed to honoring survivors, advocating for their voices, and promoting the support they deserve.
Dear Gentle Readers,
In the gloomy shadows of our society, there lies a truth as unsettling as it is undeniable: the journey of a survivor is fraught with sharp turns and bumps that are deeply personal and shaped by one’s own identity, experiences, and the intricate workings of the brain. At The Crime Victims’ Center of Chester County, Inc. (CVC), we undoubtedly understand that trauma can alter one’s very being—their behavior, emotional responses, and their ability to process their experiences, leaving the mind susceptible to tumultuous emotions such as shame, hopelessness, and isolation. These reactions—however varied—are entirely natural reactions to the unacceptable act of sexual violence. Yet, our society often adds layers of shame, silencing the very voices that need to be heard.
It should be alarming to all of us that nearly one-fifth of survivors regret their decision to disclose their experiences, due to often being met with victim-blaming and skepticism that only deepens their shame…their isolation…their pain. Just imagine if you spoke your truth in front of 12 worthy fact finders, only to be met with an acquittal—perhaps the very feared reason you didn’t divulge in the first place.
And for those privileged parties who believe that reporting to authorities is the sole measure for survival, consider this: A staggering 2 out of 3 sexual assaults remain cloaked in silence, unreported. This upsetting statistic reveals the profound loneliness that represses many survivors, compelling us to consider the barriers that prevent them from seeking comfort and sharing their stories such as fear of retaliation, fear of disbelief, a desire for confidentiality, self-blame and guilt, familiarity with the offender, or distrust in the criminal justice system.
What these brave souls require from us, dear readers, is not judgment as we know, but rather a compassionate ear, validation, and support. It is nearly year 2025 and we must undo the barriers that keep these narratives hidden. Much like the multitude of injustices we must also stand beside those who beckon their courage to share their stories, ensuring they need not navigate their sufferings alone.
And before I leave you to sift through your hearts for treasured empathy, I’d be remiss if I didn’t say; shame on you, you must know who you are, for pointing your finger and placing blame on the victim.
Yours truly, Lady CVC
The Crime Victims’ Center of Chester County, Inc. (CVC) fosters healing, hope, and empowerment through free, confidential, and compassionate support for victims of sexual violence and other crimes. We guide individuals through trauma, recovery and legal processes. We work to prevent violence by promoting community inclusivity, raising awareness and imparting essential skills through outreach and education throughout Chester County. To access our services 24/7 365 days a year call our hotline at 610-692-7273.
WHERE DO YOU LIVE?
Right here in West Chester Borough. My roundtrip commute to/from the Justice Center is all of three blocks – always on foot!
WHAT WAS YOUR FIRST JOB?
I first worked as a summer file clerk in the Office of the Clerk of Courts. I began that job in the Historic Courthouse just five days after graduating from West Chester Henderson High School and have worked in/around the courts of Chester County ever since.
WHAT WORD BEST DESCRIBES YOU?
Enigmatic. The classic line from Kris Kristofferson’s “The Pilgrim, Chapter 33”– “He’s a walkin' contradiction, partly truth and partly fiction...” –always resonates with me.
WHERE WOULD WE FIND YOU ON A SATURDAY AFTERNOON?
Attending one of my nephews’ many sporting events, enjoying lunch with my parents, or both! (In my office working, of course, is also a distinct possibility!)
WHAT IS YOUR FAVORITE WAY TO SPEND YOUR FREE TIME?
Going to small-venue concerts and otherwise listening to live music – especially the rock, country, bluegrass, and folk of yesteryear, and what today falls under the umbrella of “Americana.”
WHAT IS YOUR GREATEST EXTRAVAGANCE?
Large, complex LEGO sets. Whether streetscapes, vehicles, botanicals, or cultural artifacts, building them is addictive!
WHAT IS YOUR FAVORITE VACATION DESTINATION? Vermont.
WHAT IS YOUR FAVORITE TV SHOW?
Almost any show produced/developed by the late Norman Lear.
WHO IS THE PERSON YOU ARE MOST INTERESTED IN MEETING?
Ronald Reagan.
INITIAL CONSULT Jordan Ludwick, Esquire
WHAT IS YOUR FAVORITE FOOD?
There are so many to choose from, but I’ll never turn down a Wagyu steak and broiled sea scallop combination.
WHAT WAS THE LAST BOOK YOU READ?
I’m actually not an avid reader, but I did just finish Judge Carmody’s How NOT to Parent. The last book I read cover-to-cover before that was probably Bruce Mowday’s Jailing the Johnston Gang.
WHAT GOALS DO YOU STILL HAVE THAT YOU HAVE NOT ACHIEVED YET?
I am currently President of the Mid-Atlantic Association for Court Management, so my most immediate goal is to ensure that the Association’s Mid-Year Conference (in May) and its Annual Conference (in September/October) both go off without a hitch. When my presidency concludes, I’ll shift my focus to some other goals a bit more lofty!
WHAT IS A LITTLE-KNOWN FACT ABOUT YOU?
I am at least the fifth-generation “Ludwick” to be born and raised in Chester County. My greatgrandfather was the last working blacksmith at the Marshallton Blacksmith Shop, which still stands along Strasburg Road in West Bradford Township (and was pictured on the cover of the 4th Quarter 2023 New Matter).
WHAT IS YOUR FAVORITE WEBSITE?
Being a big music fan, it’d have to be either allmusic.com or discogs.com.
WHAT WOULD YOU BE IF YOU WERE NOT A LAWYER?
Either a statistician or a calculus teacher.
WHAT IS SOMETHING PEOPLE WOULD BE SURPRISED TO HEAR ABOUT YOU?
I am an avid pinochle player.
WHAT IS YOUR FAVORITE THING ABOUT THE BAR ASSOCIATION?
The camaraderie and collegiality. You’re all great!
