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theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

FALL 2016

Judges’ Portraits Collection Grows District Attorney Matt Weintraub The Hungry Lawyer


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contents

theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION

CONTACT INFO

SPRING 2016

President’s Message .......................................................................................... Page 4

President Grace M. Deon Vice President/President Elect David J. Truelove Secretary Jessica A. Pritchard

Portrait of Judge Albert J. Cepparulo to Join Famed Bucks County Collection in Justice Center The portrait of Judge Albert J. Cepparulo will be...

.......................................................................................... Page 6 District Attorney Matt Weintraub Newly appointed Bucks County District Attorney Matt Weintraub has got it all together! He has a competent team of attorneys and staff...

Treasurer Robert T. Repko Writs Editor Scott L. Feldman Writs Committee Susan Dardes Scott I. Fegley Dianne C. Magee Paul Perlstein Christopher J. Serpico David J. Truelove Bar Association Office Deanna Mindler, Executive Director 135 East State Street Doylestown, PA 18901 215.348.9413 www.bucksbar.org

........................................................................................ Page 10 Stronger Together: Make Bench Bar Great Again Bench Bar 2016 has come and gone and, once again, it was a resounding success. Crystal Springs Resort...

e....................................................................................... Page 12 The Hungry Lawyer The Hungry Lawyer has often told the locals in many places around the nation and the world that Central Bucks is among the most beautiful places he has...

........................................................................................ Page 16 History Experienced Right Here in the Bucks County Bar Association! Thomas Cadwallader III, Esq. (“Tom”) is a member of the BCBA and his family has been living in...

........................................................................................ Page 20 Judge Raymond F. McHugh

email submissions to deannam@bucksbar.org

When Ray McHugh was first elected to the Bucks County Bench last November, one would have thought it would be a time to celebrate the...

........................................................................................ Page 22 PUBLISHER Hoffmann Publishing Group, Inc. 2921 Windmill Road Reading, PA 19608 610.685.0914 x201 HoffPubs.com

City Ordinance Targets “Wage Theft” by Philadelphia Employers On July 1, 2016, a new Philadelphia ordinance took effect which has made it easier for employees to...

........................................................................................ Page 24 Also in This Issue:

Advertising Contact Karen Zach 610.685.0914 x213 Karen@HoffPubs.com

Cover Photo: Dylan Gilheany

• Legal Aid of Southeastern Pennsylvania • Birchfield and its Implications • Scenic Fall in Bucks County • New Laws on Overtime • Tech Tips From a Recovering Geek • Music Snob’s Top 5 List

The written and visual contents of this magazine are protected by copyright. Reproduction of print or digital articles without written permission from Hoffmann Publishing Group, Inc., and/or the Bucks County Bar Association is forbidden. The placement of paid advertisement does not imply endorsements by Bucks County Bar Association.

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Page 19 Page 26 Page 27 Page 28 Page 30 Page 31

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FALL 2016


President’s Message

ily, to collect rent from several other families and to use the lower level for her dry goods store which later also included a candy store and ice cream parlor. She took the train to New York every week to purchase merchandise and was often accompanied by my father. He greatly enjoyed exploring NYC while she shopped and during my childhood, I used to love to hear about his many adventures.

Dear BCBA Members: When I reflect on the past year serving as Bar President, I will regard July 28, 2016 as a particularly special day. For on this day I had the honor of being the featured speaker at the naturalGrace Deon ization ceremony held in Bucks Bucks County Bar County at Pennsbury Manor. Association President Judge Cynthia Rufe, along with Judge Mitchell Goldberg and Magistrate Judge Linda Caracappa, presided over the ceremony. If you ever have the chance to attend a naturalization ceremony, I urge you to do so. I hope you enjoy reading my remarks from what could only be described as an incredibly moving and uplifting experience. 

In addition to being a devoted mother, wife and respected businesswoman, my grandmother was known in the community for being active in her church and making donations from her store to those in need of blankets and clothing. Another example of her generosity was exemplified after her cousin passed away. She learned that her cousin’s children were being subjected to physical abuse by their alcoholic father. One day she arrived unannounced and took custody of the children, never even considering the impact of three more mouths to feed.

“Throughout our nation’s history, immigrants have come to America seeking prosperity, opportunity, liberty and equality. We are a nation of immigrants and our diversity is the foundation of our great nation.

May it please the court, with your Honor’s permission, may I address the assembly? Thank you Judges Rufe, Goldberg and Caracappa. It is an honor for me to bear witness to this remarkable occasion. In Bucks County, the members of our legal community are fortunate that the members of our federal bench, particularly those judges before us who reside in Bucks County, value their relationship with our Bucks County Bar Association, legal community and citizens, as exemplified by holding this momentous naturalization ceremony here at Pennsbury Manor.

Devoted to her family and exhibiting an unprecedented work ethic, the concept of receiving a proper education was instilled in her six children from a young age. Her children gave her 13 grandchildren and each and every one of them secured college degrees with many earning graduate degrees in education, medicine and law.

As I prepared my remarks for today, I could not help but reflect upon my own ethnic origins and how the path of my paternal grandmother has shaped me as a woman, a wife, a working mother, a lawyer and a civic minded member of our community.

I would not be the person I am today without the sacrifice, drive and dedication of my immigrant grandmother who, through her dreams, allowed me to attain mine. Throughout our nation’s history, immigrants have come to America seeking prosperity, opportunity, liberty and equality. We are a nation of immigrants and our diversity is the foun-

My grandmother, Grace, came from Italy to Ellis Island in 1918. She was widowed with a small child shortly after her arrival but later met and married my grandfather, Joseph, with whom she went on to have five children.

We Welcome Your Feedback!

Even with a large, young family, she managed to save enough for a down payment on a small apartment building that enabled her to put a roof over the head of her fam-

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moned; to run for political office; to campaign for your favorite candidates and to express your views even when they may be contrary to the majority view. I have expressed all that you have gained today by renouncing your country of origin to become a citizen of the United States; however, allow me to conclude with a quote that embraces the impact of your immigration on the American people.

In the words of President Bill Clinton:

“More than any other nation on earth, America has constantly drawn strength and spirit from wave after wave of immigrants. In each generation, they have proved to be the most restless, the most adventurous, the most innovative, the most industrious of people. Bearing different memories, honoring different heritages, they have strengthened our economy, enriched our culture, renewed our promise of freedom and opportunity for all(.)” Next month, when I am glued to the TV cheering on our Olympians competing in Rio de Janeiro, I trust that I will be joined by the voices of our newest Citizens – all 46 of you- in the chorus of “USA, USA, USA.” I heartily congratulate you for becoming citizens of America – the greatest place on earth. Thank you.  dation of our great nation. While some people come to seek refuge from violence and deplorable conditions that many of us cannot imagine, others come in search of economic and educational advancement.

Need a Lawyer? Welcome to the Bucks County Bar Association’s Lawyer Referral and Information Service (LRIS) serving all of Bucks County. The LRIS is a public service of the non-profit Bucks County Bar Association. Each year the LRIS responds to thousands of callers, referring them to attorneys with experience in the appropriate area of law or to area agencies able to provide assistance.

Whatever the reason, you have overcome many obstacles to enjoy this very moment. A moment that will impact you, your families and generations to come. For today you are empowered as an American citizen. With this power comes great responsibility. Our veterans and active service men and women have fought and continue to fight for the preservation of our liberty and freedom. Your active participation in our system of democracy is essential.

Persons identified as needing legal representation and who do not claim inability to pay an attorney will be referred by LRIS to a participating attorney. LRIS participation is open to all Bucks County Bar Association members having their primary office in Bucks County. You can contact the LRIS at 215-348-9413. 

“If you ever have the chance to attend a naturalization ceremony, I urge you to do so.” American democracy enables you to cast your vote for the representatives of your choice serving our local, state and federal government; to participate on a jury when sum5

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feature

Portrait of

-Judge -

Albert J. Cepparulo to Join Famed Bucks County Collection in Justice Center

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The portrait of Judge Albert J. Cepparulo will be the first new portrait to augment the collection of 43 oil portraits of Bucks County judges that dates back to Henry Wynkoop, Judge from 1777 to 1789. That portrait, by Rembrant Peale, is in the collection of the Bucks County Historical Society but the others, except for one, Judge Power, on loan, were installed in the court rooms of the new Justice Center just after its opening in 2015.

Barbara Lewis, popular and skilled Doylestown artist, who painted it and ten others in the collection, said of Judge Cepparulo: “He is the person who decided a decade ago that Judge Mims should have an oil painting done like the other judges rather than a faded photograph in the old courthouse. He then commissioned that and I was lucky to get that opportunity to paint her portrait. He also arranged an unveiling for her portrait.” Judge Mims was the first lady jurist in Bucks County. Thus, Cepparulo was a vastly important leader in building the collection. Grace Deon, president of the bar association, reports that plans for the unveiling of the Cepparulo portrait are in process but not yet finalized.

to assess the collection, determine portraits missing, seek, persuade, publicize, raise money and beat the drum loudly to make things happen. Some judges already had portraits done but not hung and others had some in process. The bar board, thanks to past president Adrian Meyer, had already approved Barbara Lewis to do portraits for a fixed price on condition she received referrals for portraits needing bar subsidies. It was a brilliant arrangement as she went on to set the record of 11, so far the most portraits by one artist. (Previous record, about 6, was held by Jonathan Trego). In the old courthouse assemblage were also works by Folinsbee (2), McDonald (2), Darst, Schucker, Barrett, Criste, Huntington, Maber and others. In addition to Stephen Early, who did Judge Hart Rufe’s portrait that was in the old courthouse, other contemporary artists stepped up including Ted Xaras, who did the spouse Judges Cynthia and John Rufe, who are in the same courtroom in the Justice Center, James J. Himsworth 3rd, who did Judge Biester, Jr., Selma Bortner, who did her husband Oscar, Grace Carlin, daughter of William, who did Judge Kelton, and Glenn Harrington, who did Judges McAndrews and Scott.

“The portrait of Judge Albert J. Cepparulo will be the first new portrait to augment the collection of 43 oil portraits of Bucks County judges.”

In 2012, outgoing bar president, now newest Judge, Jeffery G. Trauger, wisely began plans for moving the then 26 judges portraits and augmenting them with long overdue portraits of judges off the bench in anticipation of the completion of the Justice Center then under construction. He dispatched the undersigned bar “Geezers”

While every Bucks County judge had spent time under the eyes of our judges of yesteryear and knew a portrait was expected, modesty, procrastination, fear, loathing, love of coaxing, laziness and indifference had to be overcome with direct assaults by the Geezers to get judges

Judges Sokolove, Biester and Clark.

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feature Location by Courtroom of Judges Portraits Left Side

­– FACING BENCH – ­

Right Side

4th Floor: Ceremonial Courtroom 410 Thomas Burnside

James Biddle

David Krause Bird

Wilson

Daniel W. Smyser

John Ross

John Fox

Courtroom 420 Richard Watson

Henry Chapman

Stokes L. Roberts Henry P. Ross

Courtroom 430 William C. Ryan

George Lear

Mahlon H. Stout

Harmon Yerkes

Courtroom 440 Edwin H. Satterthwaite

Hiram H. Keller

Edward G. Biester

Calvin S. Boyer

Courtroom 450 John Justus Bodley

Lawrence A. Monroe

Paul R. Beckert

I. Louis Rubin

John P. Fullam

John W. Eckelberry

Courtroom 460 Harriet Mims

Robert M. Mountenay

William Hart Rufe, III

Edmund V. Ludwig

Arthur B. Walsh, Jr

Isaac Garb

3 Floor: Courtroom 320 rd

Ward F. Clark

Kenneth Biehn

Leonard B. Sokolove

George T. Kelton

Edward G. Biester, Jr.

Oscar S. Bortner

Courtroom 330 Cynthia Rufe

Susan Devlin Scott

R. Barry McAndrews

John J. Rufe

Courtroom 340 Albert J. Cepparulo

Clyde Waite

Daniel Lawler

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to pose. In most instances the judges or their families paid for the artists. However, the Geezers, with surprising ease, thanks to the overwhelming popularity of the project, raised over $70,000 to aid in subsidizing portraits’ costs. In all, 18 new portraits were added to the collection, bringing the total to 44. The past presidents of the bar association, many law firms, large and small, and ordinary members helped in many ways. The James A, Michener Art Museum, led by Lisa Hanover, eagerly put on a show of all the portraits in January, 2015. The bar association had its best reception ever there. The show lasted that month and was a HUGE hit with the legal crowd and general public. The Bucks County Historical Society, led by Doug Dolan, so ably assisted by Cory Amsler, was a giant help to the Geezers, composing brass nameplates and researching history for walltexts for the show. When the show ended, the Michener team hung the portraits in the Justice Center. The walltexts, done in haste, are being redone by the Geezers more meticulously. The Historical Society did a detailed inventory of each portrait and each judge including sitting judges now putting off posing.

they were moved from the 1877 courthouse about 1963. Cleaning, restoration and repairs are needed and that means more fund raising for that purpose as well as for the ongoing need of helping keep the collection current. Please give generously when asked! President Judge Finley, a past bar president, warmly endorsed the project, especially by assigning Judge McMaster as our liaison. He, of Business Partners Advisory Board to the Michener Art Museum and President of Bucks County Schools Intermediate Unit Art Education Trust, was and is most helpful and knows his stuff.

“Cleaning, restoration and repairs are needed and that means more fund raising for that purpose. Please give generously when asked!”

A Directory needs to be placed in the Justice Center listing where specific portraits may be found by courtroom number. A draft of that information accompanies this article

The collection, hanging on the towering walls of mammoth Court Room 1 in the old courthouse was impressive in its awesome way. Now, dispersed throughout many courtrooms in the Justice Center, it is less a collection but much more an individualistic face to face, close up experience, meeting the judges surprisingly intimately – as could never be done before. This way, they are quite human.

The Michener team also evaluated the condition of the portraits and their frames. The older ones were untouched since

Respectfully submitted by the Geezers: Larry Grim, Frank Gallagher, Adrian Meyer, Hart Rufe and Doug Praul. 

Judges Scott and Rufe.

Please Consider Donating to: The Past Presidents’ Judges Project c/o Bucks County Bar Association P.O. Box 300 Doylestown, PA 18901

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feature tire trial relied upon translators. Among the lessons learned in those years, given the heavy workload, was the importance of accountability in case management. The recent Bucks County program of utilizing mandatory pre-trial conferences to separate out trials from ARD’s and guilty pleas can in part be traced to this experience. With the birth of his second daughter and the desire to spend more time with his young family, Matt jumped at a tailor made opportunity which came his way in 2006. He was offered a position as an Assistant Prosecutor in Cape May County. Always a lover of the Jersey beaches, he recalls a very short family meeting: Yeah, we’re moving to the shore!! He describes the next five years as “amazing” and a productive time both personally and professionally. The pace in the Cape May County Prosecutor’s Office was more relaxed and a “family first” atmosphere prevailed.

District Attorney Matt Weintraub

By 2011, David Heckler had been the Bucks County District Attorney for over a year and was still looking to upgrade his staff. It seemed natural to return with his family to Bucks County and assume the role as Chief of Prosecution. Additional responsibilities, including homicide and other high profile trials, followed.

– By Scott L. Feldman – Newly appointed Bucks County District Attorney Matt Weintraub has got it all together! He has a competent team of attorneys and staff, great facilities on the second floor of the Justice Center, a clear idea of the multi-faceted role he has assumed and the all-important balance of work and family.

Much has changed now that he has ascended to the top spot. Physically, he moved a mere five offices down. But Matt is very much now the boss. Where he used to make recommendations, he now makes decisions. He takes a long term view and notes that it is too early to contemplate changes to the office. Rather, his stated goals as District Attorney are to continue with the positive programs that were recently initiated: A highly effective DNA database, the aforementioned Pre-trial Conference program, a designated appellate unit, and drug enforcement policies that emphasize prevention and treatment over prosecution. He wants to see the office take an active role in emphasizing responsible gun ownership in the County, especially with regard to storing firearms. In discussing a current prominent case, he comments that a simple three dollar trigger lock would have prevented a family tragedy.

In our recent interview mere hours after several local newspapers brought a certain controversy du jour to light, Matt remained his affable and personable self. He was relaxed, attentive and happy to answer all questions, regardless of the topic. Matt’s history with the office dates back to 1992 when he was first hired as a Summer Intern by District Attorney Alan Rubenstein. Following graduation from Temple Law the following year he assumed full time duties as an Assistant District Attorney. He enjoyed the busy workload and grew increasingly comfortable in the Courtroom.

A necessary part of the job, which thus far has come naturally to the new D.A., is being the public representative of the office. When the 24 news cycle turns to a Bucks County investigation or prosecution, for better or worse, the cameras and reporters seek him out. Accordingly, he had just had “the talk” with his daughters, the one where he explained that as a public figure, people may comment to them about him. People or the press may say unflattering things, but “he signed up for this and not them.” They should continue to carry themselves with grace and dignity and things will be alright.

Some eight years later he left the office and began what would be the first of two five year stints working in other counties. In 2001, he accepted a position as an ADA in Lehigh County, a tenure he recalls as a “baptism by fire.” There was a spike in violent crime in and around Allentown in those years and he had several pressure filled homicide and rape cases. One such case was particularly challenging as it involved a Hispanic defendant and witnesses so that the entheWRITS

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Family came up often in our conversation. Matt’s glowing praise for his daughters and their accomplishments was genuine. His 15 year old is the swimmer and his 11 year old is the artist. Both are kind and intelligent (clearly a family trait). He credits his supportive wife of 20 years, Kathleen, as invaluable to his career success. The family relishes their Summer weekends and vacations at the Jersey shore. They love long days at the beach and evening walks along the Ocean City boardwalk. Phillies games are a special outing. Matt says it’s very important to him to eat dinner together as a family as often as possible.

Attorneys Strang and Buiting (center) visit the Bucks D.A.’s.

other fundraising events and proudly states that his door is always open to the BBBS.

“A necessary part of the job, which thus far has come naturally to the new D.A., is being the public representative of the office.”

One week a year, Matt dedicates his time (and energy!) to Camp Happy Times, a summer program operated by the Valerie Fund in Wayne County, Pennsylvania. He serves as camp counselor to children battling cancer. Though he comes home physically exhausted, he is mentally rejuvenated. Somewhat in passing, I mentioned the recent interest in true crime dramas such as The Jinx, Making a Murderer and The People v. O.J. Simpson and was surprised to learn, that upon recommendation by some colleagues, Matt watched the Making a Murderer documentary. The ten-hour Netflix series tells the stranger than fiction story of Stephen Avery, who was convicted of a brutal assault he did not commit, was fully exonerated after serving eighteen years in prison, and then within two years of his release was charged with a murder for which he again asserts his innocence. The series made something of a star of Avery’s defense lawyer in the murder trial, Dean Strang. Matt identified with Strang, his grace under pressure and high character, and wrote him a personal letter. Matt received a personal response, which led to further correspondence and an open invitation. Remarkably, Strang and his co-counsel, Jerry Buiting, while in the area in early April as part of a nationwide speaking tour, accepted Matt’s offer to come visit!

As a prosecutor, Matt has handled several noteworthy cases in multiple counties. He has prosecuted horrific crimes, successfully argued for the death penalty and handled various complex cases. Yet, with a smile, Matt acknowledges that he will “always be known as the guy who prosecuted Tolly.” In March, 2015, Matt obtained a trial conviction of former Philadelphia sportscaster, Don Tollefson. The case was closely followed by the media and made more difficult by Tollefson representing himself and at one point being rushed to the hospital mid-trial. Tollefson ultimately admitted defrauding some 200 individuals under the guise of having them donate to his charity. Tollefson was recently released from prison to a halfway house and in part credits his current sobriety to the criminal conviction. When so advised, Matt Weintraub’s only concern was that he hopes Tollefson can soon pay back his victims. Matt was certainly praiseworthy of his entire team of 88 employees (including 37 prosecutors), but made a point to single out Michelle Henry, herself a former District Attorney and now his First Assistant, commending her experience and judgment as invaluable and stating, “this job would be much more difficult were she not here.” In all, he tells his staff it’s about getting it right and exhibiting professionalism.

A private roundtable discussion was thus held in a jury deliberation room at the Justice Center with some 20 ADA’s and the celebrity defense lawyers participating. It was a rare opportunity to compare opinions and ask questions on a high profile case. A teachable moment indeed, as it was emphasized that the justice system is bigger than all of us and we are all in this together. The efforts of sincere defense lawyers can surely be appreciated by their prosecution counterparts. It was a lofty yet candid dialogue and really helped the ADA’s appreciate their role in the larger world of criminal justice. 

Matt enthusiastically supports the Big Brothers Big Sisters of Bucks County. He is as a past President and served on its Board of Directors. He was a big brother on two occasions and cannot say enough about the good things the organization accomplishes. He attends their annual bowling and 11

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BCBA events 2016

Stronger Together: Make Bench Bar Great Again – By Daniel Keane & Sean Gresh – Bench Bar 2016 has come and gone and, once again, it was a resounding success. Crystal Springs Resort was a wonderful host facility and, with the cooperation of the weather, we were able to take full advantage of everything the facility had to offer, from the pool to the championship golf course.

This year’s conference featured the combining of two mainstream and timely slogans as stated above that perfectly state what we were able to accomplish with this conference – together we were stronger in making Bench Bar great again (not that it wasn’t great before). Bench Bar 2016 was the first to hold informal dinners on both evenings. Thursday’s dinner was poolside in the Biosphere, after a tasteful cocktail hour in the wine cellar, while Friday’s dinner featured the music of the Blue Water Band. Both evenings, which ended late in the night (or early the following morning, depending on your perspective), were enjoyed by all. It is common knowledge that the primary reason to attend Bench Bar is to learn, and this year’s slate of CLE’s certainly provided an opportunity to become better versed in the law. Whether the learning occurred while participating in the Legal Scavenger Hunt conducted by the Young Lawyers Division, or during one of the numerous CLE’s prepared and presented cooperatively by our attorney and judge members, each person who attended the conference returned to their office on Monday more prepared to meet the legal needs of our community. By all accounts one of the highlights of the conference was the Friday Morning Plenary Session which featured former FBI Agent Gregory Coleman discussing the Wolf of Wall Street (Jordan Belfort) investigation and movie. Friday morning CLE’s are typically difficult to rally for but Mr. Coleman was both entertaining and informative, which was appreciated by all in attendance. A special thank you goes to everyone who contributed to the success of Bench Bar 2016. Between the CLE coordinators/presenters and the BCBA staff, it takes the cooperation of many people to pull off such a momentous event. We look forward to seeing everyone at Bench Bar 2017 which will be held for the first time at the Omni Bedford Springs Resort. While it may be unfair and unrealistic to believe that next year’s event will be as successful as Bench Bar 2016, it should still be pretty fun. 

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Bench Bar C o n f e r e n c e


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BCBA events

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2016

Bench Bar C o n f e r e n c e

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Beautiful Pennswood Village in Bucks County is a unique retirement community that celebrates the joys of individuality. This means our residents are wonderfully diverse—a perfect match for the splendid variety of natural beauty found throughout our campus. Come join them in a warm, caring community, based on Quaker values, that’s all about you beingg delightfully you. If your interests run from fitness to creative

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feature

The HUNGRY Lawyer

– By – ???

The Hungry Lawyer has often told the

locals in many places around the nation and the world that Central Bucks is among the most beautiful places he has ever seen. This is especially true in the fall when one can enjoy the changing colors of the leaves on our wide variety of trees, the contrast of pumpkins and other gourds against the green and brown farm fields, the quickening pace of the currents in the Delaware. So why leave all that is offered locally to do an autumn 1,350 mile round trip to the rocky of coast of Maine? Easy to answer…soft shell lobster!

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pound and get a number that you take to a picnic table on one of the decks. Before you’ve hardly had a chance to take a second sip of your beer or wine, out comes a tray on which is dumped lobster tools, napkins, paper plates, hand wipes, a shucked ear of corn, your cup of lobster stew, the mussels, and a delicious piece of Maine blueberry cake heavily laced with cinnamon.

obsters, those delicious black, and sometimes blue, crustaceans molt just like crabs and when they do, their shells are soft, making eating the plentiful in Maine 1½ to 3 pounders so much easier than tackling their hard shell selves. And they are more delicious, too. Now, just to be clear, we are not talking about sautéing a 2 pounder with some lemon and garlic and eating every part like it is a soft shell crab. That’s not how it works. Instead, the new soft shell is more leathery and thus easier to break and cut to get to the lobster meat. And that lobster meat, not yet quite filling the new exoskeleton, is much sweeter than the meat from a hard shell lobster. The spines don’t cut your hands quite as badly. The claws pull apart much more easily. The meat is retrievable without the amount of effort that is usually required in beating Michael Jordan in a game of horse. And, of course, since the farther one travels yields the most satisfaction upon arrival, a Maine excursion that ends in Kennebunkport, or Boothbay, or even Portland will not suffice. It is way up the coast to Bar Harbor that the Hungry Lawyer, the Cap’n Ahab of the lobster pound, travels for his soft shells. And just as those of us who grew up in Philly can argue the merits, or demerits of a cheese steak, rejecting our opponents selection of the best as the supreme manifestation of ignorance and no taste, so too we all have our favorite lobster pounds. But boiling is boiling! exclaim those with unsophisticated palates, eager to understand how there can be a difference. Well, there is. And here are two of the Hungry Lawyer’s favorites, and why.

“There is butter for you Philistines who require it, but none is necessary for the Hungry Lawyer.”

The stew is rich like Gates, heavily laced with butter. At least 5 ounces of lobster meat float in it along with cream, vegetables and other pieces of fish. It is seasoned just right. Don’t bother looking for the salt or pepper. You don’t need it. The mussels are large and just chewy enough that they don’t pass into being rubbery. The corn, alas, isn’t our delicious, sweet, Jersey or Pennsy corn, but I didn’t come here for that. It’s about the lobster, stupid. And, it is good. Sure, when you pick it up and break off a claw water flows out like from a broken fountain in the old courthouse. But it was just salty enough to properly season the delicious meat yielded by the claws and tail. There is butter for you Philistines who require it, but none is necessary for the Hungry Lawyer. Despite polishing off the huge, sweet and tender tail like a 19th century glutton, there is always room to enjoy the huge piece of blueberry cake for dessert. The slight saltiness of the lobster meat sets up the palate for the onslaught of sweetness from the cake, the tanginess of the blueberries and the jolt of the cinnamon. Wash your hands good in the community sink strategically placed in the dining deck and you’re ready to return to your room to fall asleep because the next night we get serious about eating lobster.

Let’s start with Thurston’s, in Bernard, Maine. Thurston’s is right on the wharf. Come at the right time and you will see them unload the critters right from the boats. This place is not fancy. Indeed, quality goes down at all lobster pounds as accommodations improve. When you walk in, read the menu above the counter where you order. Look at the tanks holding the lobsters of varying size and molting stage. Pick your arthropod and decide what you want to eat with it. The Hungry Lawyer always gets an ear of corn, a cup (really an 8 oz. container) of delicious lobster stew, and a pound of steamed mussels or clams. You pay for your lobster by the

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feature out the tasty denizens of the sea that will soon be in your belly. Feeling really hungry? Then get a dinner for two. It includes two one and a half pound lobsters, two ears of corn, and a pound of mussels…for $34.95! And the corn is good. Each is a large ear steamed in its husk. The kernels are huge and sweet. The mussels are everything described at Thurston’s, only better. But we came here to eat soft shell “lobstah,” as they say in Maine. Both lobsters were perfectly cooked in the most properly seasoned brine; each bite was tender and delicious. The flavors danced on our tongues, the slightly salt of the brine doing a pirouette with the slightly sweet of the lobster meat. Was it a mess? You bet! Wash your hands in the sink on the side of the lobster shack and resist the temptation, if you’re foolish enough to do so, from ordering more lobster, or maybe a pound of steamers for dessert. Want something for those who travel no further north than Poppy Bush in Kennebunkport? Then stop into the Maine Diner in Wells where the parking lot is always crowded with the locals. Start with the seafood stew. This is a creamy concoction with little room for broth because it contains chunks of lobster, some small shrimp, scallops, potatoes and vegetables. Here I recommend the lobster salad. No, it’s not a lobster roll without the bun. It’s a salad with huge chunks of real lobster meat. Or try the lobster pie, a hot stew like concoction loaded with lobster meat and covered in breadcrumbs served casserole style. The onion rings are the best I have ever eaten anywhere. And their blueberry pie is perfect. The Hungry Lawyer usually only nibbles at sweets but this pie is irresistible. ose Eden, just a few miles outside of the town of Bar Harbor is simply the best lobster in Maine. If you want ambience, don’t come here. If you want service, don’t come here (although the folks who cook and run the place are really nice). If you want lobster, especially soft shell, then this is the only place to find it. Rose Eden does provide a few picnic tables at which to eat. There are no heaters to warm you up when the sun goes down and the chill comes out. But they will give you a blanket and even place a light around the umbrella pole at your table so you can see…a little. But who cares when you are eating the best lobster you have ever tasted? When you arrive at Rose Eden, park in the dirt lot, walk past the outdoor pots of boiling water and into the shack where the tanks holding your dinner are located. Tell them the size you desire and help them pick

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Writing this has made me hungry. I can’t wait until my next lobster. 

“Both lobsters were perfectly cooked in the most properly seasoned brine; each bite was tender and delicious. ” 18


community

Legal Aid of Southeastern Pennsylvania Expands Bucks County Pro Bono Team

the need that is out there. We could help a lot more clients if we had more pro bono volunteers who could work with us on a more frequent basis.” Ms. Riefner has scheduled pro bono attorneys for LASP for 18 years and has seen the program grow substantially. She schedules pro bono attorneys in all areas of civil legal matters, but says the bulk of the pro bono cases that the Bucks County offices currently handle are Protection from Abuse orders. “Right now we’re scheduling five attorneys a week to handle PFA matters,” she says.

– By Barbara Overholser, Communications Manager, Legal Aid of Southeastern Pennsylvania –

Rodlena Sales, Esq. recently celebrated two years as Staff Attorney in LASP’s Bristol office where she handles legal issues concerning Social Security, Unemployment Compensation and Public Benefits. Her third year brings the added responsibility of taking on the job of LASP’s Bucks County Pro Bono Coordinator. She will take over some of the administrative load formerly carried singlehandedly by Randi Riefner, and work with other staff members from both the Bristol and Doylestown offices including Staff Attorney Barbara Kaner, who has spent 14 years representing plaintiffs in PFA cases; Mitchi Shafer, a member of LASP’s support staff in Doylestown; and Mardi Busanus, a long-time Legal Aid volunteer. Ms. Sales aims to recruit young attorneys to join LASP’s volunteer corps and encourage current pro bono attorneys to volunteer more frequently. Pro bono attorneys are integral to supporting LASP’s mission of providing quality legal representation to low-income and vulnerable people.

A recent report by the ABA Commission on the Future of Legal Services found that eighty percent of the poor and those with moderate means are without meaningful access to justice. By working hand-in-hand, legal aid providers and pro bono attorneys can help address some of the greatest needs for basic human necessities like safety from violence, stable housing, adequate food and access to medical care. “As legal advocates, it is our responsibility to make sure that low income and vulnerable individuals have access to justice,” says Ms. Sales. To learn more about volunteering with LASP’s Bucks County offices, please contact Rodlena Sales at 215-781-1111, x208 or at rsales@lasp.org. 

“I plan on working closely with the Bucks County Bar Association and attending as many meetings, CLEs, networking and social events as I can to bring exposure to our Pro Bono Program.” As part of the National Pro Bono Celebration, October 23 – 29, LASP presented a CLE on October 26 in Bucks County, free for pro bono attorneys, on expungement and Pennsylvania’s new record sealing law – Act 5. “I plan on working closely with the Bucks County Bar Association and attending as many meetings, CLEs, networking and social events as I can to bring exposure to our Pro Bono Program,” Ms. Sales says. “We get a lot of walk-in clients who express needs in areas including custody matters, guardianship, no-fault divorces, bankruptcy, and housing. Unfortunately we don’t have the staff within LASP to handle all of 19

FALL 2016


feature

History Experienced

Thomas Cadwallader III, Esq. (“Tom”) is a member of the BCBA and his family has been living in Bucks County since the early 1700s. How do I know this? Read on….

My family moved into an old farmhouse in Bucks County in 1966. My father fell in love with the house when driving by, and actually went up and knocked on the door to ask if they were interested in selling. As it turns out they had to move due to work relocation, so we got the house! My father decided to research the house since it was so old, and connected through the historical society with a woman who was doing research about her ancestors. Her name was Anna Baker, and her ancestors happened to be the Cadwalladers (or Cadwaladers, as the names were interchangeable back then). He found out that this house was built on one of the original land grants from William Penn. It was located on a huge farm that took up a sizeable portion of what is currently Warminster. However, when my family bought the property it was on three quarters of an acre.

Right Here in the Bucks County Bar Association! – By Deb Donahue, Web Specialist, BCBA –

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My father found out so much about the house and the history, that Anna hired him to print a copy of “The Descendents of John Cadwallader.” My father loved printing having learned about it while working part-time at The Bulletin in Philadelphia. He actually owned three printing presses that lived in the basement of our home (the “Cadwallader House”). My mother typed up all of the information for the book, even copying a long hand-written will of John Cadwallader, and then typeset it for printing. My father printed the book (no one can recall how many copies) and had it bound locally. This was in 1970.

“While cleaning out her house, we came across all of the information my father and Anna Baker had compiled for the book.”

Move forward to 2016 when I started working at the BCBA. I happened to notice Tom in the member’s directory and thought it would be interesting to talk to Tom about his family’s home, but wasn’t sure whether I would have an opportunity to do so. This summer my mother decided to sell her current house in Sellersville. She had sold the “Cadwallader House” in 2006 after my father passed away, exactly 40 years after purchasing it. While cleaning out her house, we came across all of the information my father and Anna Baker had compiled for the book. It was in one of those old heavyduty leather briefcases. It contained photographs of the house from the early 1900’s, as well as photographs when we bought the house in 1966. Well, I immediately thought of Tom Cadwallader. Would he want this information? I emailed Tom to ask. He absolutely wanted the information! He even talked to his brother, Len, who was coming down from Vermont to visit their 101-year old mother. They took me out for lunch and I showed them everything my parents had kept. They were amazed! Len even brought a copy of “The Descendents of John Cadwallader” that he owned – and I was able to provide Len and Tom with the original manuscript! I was so happy to give them the briefcase with the information, and my mother is thrilled that now this information is with the Cadwalladers! Isn’t it just amazing? My husband noticed that there is currently an exhibit at the Philadelphia Art Museum that includes some photographs of the early Cadwalladers. Pretty coincidental, right? You just have to love Bucks County and the history provided right here in our own back yards!. 

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community

Judge Raymond F. McHugh

The good news is that he’s made a good recovery and it hasn’t prevented him from doing the job he’s come to love. It has also allowed him to gain a few additional strokes on his golf handicap which has come in handy lately.

– By Chris Serpico –

He is grateful for the support his family showed him throughout his ordeal, especially his two sons: Matt, a former Bucks Count practitioner now associated with the Philadelphia law firm of Obermayer Rebmann Maxwell & Hippel, LLP, and Shawn, who was married on October 15, 2016. Born in Philadelphia, Judge McHugh spent most of his formative years growing up in Bensalem, where he graduated from Bensalem High School. After getting his undergraduate degree in Psychology from Gettysburg University, he attained his law degree at Emory University in Atlanta, Georgia. Following an internship with the Bucks County District Attorney’s Office in his second year of law school, he accepted a full time position with that office after graduation. He worked there for three years, under the tutelage of Mike Kane, where he acted as Chief of the Narcotics Task Force. He also had the good fortune to serve in an era that would ultimately produce five judges presently serving with him on the Bucks County Court of Common Pleas; Judges Rubenstein, Finley, Bateman, Boylan, and Gibbons. After leaving the DA’s Office for private practice, he worked most often in Bucks and Philadelphia counties for the next twelve years, working primarily in the fields of criminal defense; domestic relations; and personal injury. He also served as Solicitor for the Bensalem Township Zoning Hearing Board for over twenty years. In 2000 he was appointed as Bucks County Controller, a position to which he was elected four times. As “the watchdog for our county,” it was his task to make sure that all County departments complied with the law and conformed to office policies. His biggest challenge was helping to transition the Controller’s Office into the modern age since when he first arrived, the office was trapped in the dark ages of technology with limited email, no voicemail, and continued reliance upon an outdated mainframe computer.

When Ray McHugh was first elected to the Bucks County Bench last November, one would have thought it would be a time to celebrate the culmination of a thirty-six year career in the law. Unfortunately, the newly elected jurist spent that day, and most of the next month, recuperating from injuries he suffered following a bizarre bicycle accident that occurred one week earlier on the first day of his Florida Keys vacation.

Within hours after arriving at the marina where he intended to stay, he was involved in a terrifying accident when his bike lock slipped through the grid of the bike’s basket and lodged in the front wheel, causing the tires to lock up and sending him hurtling through the air onto the pavement. As a result, he fractured the tibia and fibula of his right leg and spent 12 days in the hospital, followed by 24 days of intensive rehabilitation in Philadelphia.

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Asked to reflect upon the biggest challenges he now sees facing the criminal justice system, where he spends the majority of his time on the bench, he points to the continuing heroin scourge. Although some progress has been made, especially with regard to law enforcement’s clamp-down on “pill mills,” he believes society must do a better job of committing more resources for treating those addicted to opioids.

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He credits Judge Boylan for doing “great work” in Drug Court, but believes the current situation is as bad as he’s seen it during his many years involved in criminal justice issues. When I asked him whether working with so many friends and former colleagues has its rewards, he said there’s definitely a feeling of collegiality that is special. Each member of the Bench is willing to chip in and help whenever and wherever they can.

The Bucks County Mediation and Arbitration Center (BCMAC) is owned and operated by Barbara N. Lyons, Esq. She is certified, skilled and experienced in neutral arbitration, mediation and case evaluation. Attorneys work closely with Barbara from initial contact to the conclusion of their case.

He’s also picked up some sound advice from his fellow judges. For instance, when he asked Judge Rubenstein about his insights into Family Support Court, he was told “Whenever you have a settlement proposal before you, consider the agreement very carefully, and as long as you don’t have to be personally responsible for any of the payments, approve it!”

“Asked to reflect upon the biggest challenges he now sees facing the criminal justice system, where he spends the majority of his time on the bench, he points to the continuing heroin scourge.”

BCMAC is a full-service ADR provider addressing issues involving, but not limited to: • Contract and real estate disputes • Medical malpractice • Equity matters

Judge McHugh also fondly recalls the months prior to last year’s election when he traveled around the County with Judge McGuffin introducing themselves as judicial candidates to various municipal political committees. Judge McGuffin was understandably proud of his stature as an Acme Scholar, having been awarded a partial scholarship to college by Acme Markets when he was growing up in Croydon, Bucks County. Therefore, whenever Judge McHugh had an opportunity to introduce his fellow judicial candidate, he would often refer to him as a “former Acme scholar.” Not to be outdone, when Judge McGuffin found out that Judge McHugh was a former “Mr. Bensalem,” he would take great pleasure in introducing him as such at as many meetings as possible.

• Employer/employee disputes • Underinsured and uninsured motorist cases • Business mergers and dissolutions • Personal injury • Municipal matters BCMAC provides cost-effective and real-world solutions to attorneys, consumers, business and industry professionals, employees, employers and government agencies.

For more information, call (215) 340-7655 or visit www.bcmac.org.

All in all, we are quite fortunate to have both a former Acme Scholar and Mr. Bensalem as the two newest members of our Bench, and we hope to retain them both, in good health, for a long time to come. 

Bucks County Mediation and Arbitration Center The Farm, 220 Farm Lane, Doylestown, PA 18901

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FALL 2016


community

City Ordinance Targets “Wage Theft” by Philadelphia Employers

a Philadelphia based company may avail themselves of the ordinance as well. The ordinance requires affected employers to post notices in their workplaces informing employees of their rights under the new ordinance.

In addition to ordering payment of back wages found due, the Wage Theft Coordinator may impose a fine of up to $2,300 per violation. Each week that wages go unpaid is considered a separate violation. Like the Pennsylvania Wage Payment & Collection Law, the city ordinance provides for individual liability against company owners and persons in charge of the purse strings, even in a corporation. Failure to pay wages and fines imposed may lead to even more severe penalties including publication of the employer’s name in a list of offenders, possible imprisonment of company officials, and revocation or suspension of city licenses or permits for up to one year. If the Wage Theft Coordinator imposes a fine or penalty, the employer has only thirty days to file an appeal to any court having jurisdiction.

– By Scott Fegley – On July 1, 2016, a new Philadelphia ordinance took effect which has made it easier for employees to collect small sums owed to them by employers. Employees owed from $100 to $10,000 can submit a claim to the new “Wage Theft Coordinator” in the city government. The Wage Theft Coordinator has the power to review claims, make determinations, and impose substantial penalties, including fines and revocation of city licenses or permits held by the employer. Now, instead of having to pursue traditional litigation to recover damages under state and federal wage laws, aggrieved employees may file a complaint via email and receive a decision within 110 days.

The Wage Theft ordinance is the City’s response to what is a widespread problem of employers failing to pay employees’ wages in accordance with law and contractual obligations. Often, employees may be unaware they have been shorted or may consider the sum too small to be actionable. Workers may also be intimidated and fearful of losing their jobs if they complain. In a study conducted by the Temple University Beasley School of Law’s Center for Social Justice, it was estimated that 93,000 low wage workers in Philadelphia were deliberately underpaid. Across Pennsylvania, employees lose an estimated $19 million to $32 million every week. Common violations involve failure to pay minimum wage, overtime violations, illegal deductions, and forcing employees to work off the clock.

Why is this relevant to Bucks County? The Philadelphia ordinance applies to employers located within the city limits and to any work performed within the city limits. A company headquartered in Bucks County, but with an office, branch or plant in Philadelphia or with employees working for clients in Philadelphia, will similarly find itself subject to the ordinance. This may include contractors, home healthcare providers, restaurant employees, limousine drivers, and many other service providers. Thus, employees working in Bucks County for

“The Wage Theft ordinance is the City’s response to what is a widespread problem of employers failing to pay employees’ wages in accordance with law and contractual obligations.” Perhaps the most famous example of wage theft occurring in Philadelphia was the class action lawsuit against Walmart resulting in a $187 million verdict. A jury found Walmart had engaged in a practice of forcing workers to work off the clock and during meal breaks from at least 1998 until 2005. In 2014, the Pennsylvania Supreme court upheld the verdict. theWRITS

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Undoubtedly, wage theft is not contained within the Philadelphia city limits. Nevertheless, workers outside of Philadelphia and who do not work for Philadelphia employers must still resort to traditional remedies under state and federal law. While the Pennsylvania Wage Payment & Collection Law does provide a 25% penalty and recovery of attorney fees and costs to a successful plaintiff, the Temple Law School study found current laws do not provide a strong disincentive against wage violations. The process is lengthy even for informed workers who are willing to pursue it, and it is often hotly contested by well-funded employers.

Thank You!

Outcomes like the Walmart case are few and far between. The Temple study’s recommendations to combat wage theft statewide included significantly stiffer monetary penalties, mechanisms to lien employer property for unpaid wages similar to mechanics’ liens, and extending or tolling the limitations period for wage laws which, in Pennsylvania, is currently three years. Whether or not the Pennsylvania Legislature has the will to follow the Philadelphia City Council’s lead remains to be seen. The full report of the Temple University Beasley School of Law study on wage theft is available for download at: www.phlcouncil.com/philly-wage-theft. 

Scott I. Fegley, Esq.

Attorneys Are Our Best Source of Referrals! Call us now for your next Mediation or Arbitration,* or for Employment Law and Personal Injury Referrals. We pay referral fees and keep you informed.

Yardley, PA • Hamilton Square, NJ

www.fegleylaw.com • (215) 493-8287 *On List of Arbitrators and Mediators Approved by the Bucks County Bar Association.

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community This decision has already had a great impact on pending DUI prosecutions in Pennsylvania, and certainly in Bucks County.

Birchfield and its Implications:

Time will tell what impact, if any, it will have on the ability of PennDot to impose sanctions on drivers who are facing suspension of their driving privileges for having refused to submit to a warrantless request for a blood test after being arrested for DUI.

– Chris Serpico – In June, the United States Supreme Court decided three separate but related cases consolidated in the matter of Birchfield v. North Dakota, relating to the issue of implied consent in drunk driving cases; That is, whether the State must first obtain a warrant before obtaining a breath or blood sample from a defendant arrested for DUI and whether, based on that same issue, a defendant’s refusal to submit to a request for blood or breath test is unconstitutionally coerced.

The impact of the Court’s ruling for states that have criminalized the actual refusal is clear: Because the search that the defendant refused cannot be justified as a constitutional search incident to his arrest or on the basis of implied consent, the defendant who has refused such a request cannot be lawfully convicted for that refusal. In Bucks County, the Court has approached each case potentially impacted by Birchfield on a case by case basis, and the DA’s Office has agreed to allow some cases as “general impairment” prosecutions rather than the more punitive “high rate of alcohol” or “highest rate of alcohol.” In some cases, this could be the difference between a mandatory minimum one year prison term as opposed to a mandatory minimum ten day sentence.

The Court held that although the Fourth Amendment permits warrantless breath tests incident to an arrest for DUI, warrantless blood tests are unconstitutional. Accordingly, a defendant cannot be convicted of a crime or otherwise penalized for refusing to take a warrantless blood test to measure the alcohol in their bloodstream.

Birchfield has also caused the State to change the language used in the so-called DL-26 warnings that are given whenever a suspect is read his or her implied consent rights after a DUI arrest. It remains to be seen whether the new language used to inform a suspect of the possible consequences for refusing a blood test pursuant to a DUI arrest will steer clear of the concerns that led the Supreme Court to reverse the defendant’s conviction in Birchfield.  The following verse is attributed to well respected Bucks County criminal defense lawyer, Colin Jenei:

m Bismarck, “There once was a man fro was a lark. Who thought that refusing law, The criminal part of the Will certainly fall Said his counsel, known ” locally as the Fargo Shark.

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Offering more than 1,450 acres, Lake Nockamixon is a popular spot for boating of all kinds, including catamarans and windsurfers. It is also a great place for hiking and biking. The park is open all year from Sunrise to Sunset...

Scenic Fall in Bucks County Lake Nockamixon, PA

PHOTO CREDIT: Dylan Gilheany. 27

FALL 2016


community 1. SALARY On December 1, 2016 – unless Congress delays it to the rumored June 1, 2017 – the federally mandated annual salary threshold for employees exempt from overtime pay (“non-exempts”) will double from $23,660 a year to $ 47,476 a year. That is, employees who make less that the $23,660 threshold must be paid time and a half for any hours worked beyond the 40 hour workweek, or if their employers want them to be exempt from overtime pay, bump up their salaries to at least $47,476 a year. In weekly pay, that amounts to $913.00 before taxes. These changes were put in place by the Department of Labor (the “DOL”), which also oversees enforcement of the law. It is estimated to apply to 135 million workers in the U.S., at some 7.3 million workplaces. Not covered by the new law are employees of enterprises having annual gross sales or business totaling $500,000 or less, and employees engaged in interstate commerce or the production of goods for commerce. However, regardless of their size and sales, entities such as hospitals, medical or nursing homes, nonprofits, schools and pubic agencies are covered by the FLSA.

New Laws on Overtime...How to Make Sense of the New Rules

The law was announced on May 18th of this year as a final revision to the Fair Labor Standards Act “white collar” exemption and the first major update to the federal overtime rules in more than a decade. The new threshold will be updated every three years, to keep pace with inflation, beginning January 1, 2020. And, if this makes the adjustment easier, the law allows for up to ten percent of the threshold to be paid out in the way of non-discretionary bonuses, incentive pays or commissions, provided those payments are made at least quarterly.

(And just in time for the holiday rush) – By Susan Dardes –

What’s all the buzz about overtime rules, anyway?

2. EXEMPT – YES OR NO?

What are they and to whom do they apply? When do

What are an employer’s options, if any, for responding to this new change in the salary level?

they go into effect? The Fair Labor Standards Act (FLSA) is the federal labor law that provides basic

While the new salary level is clear, employers will face some gray areas. One issue will be “salary bands.” If a current salary range is between $45,000 and $50,000, will that position be exempt or not? That is something that the employer will have to decide – based on those three classifications of exemptions and the duties test. There are jobs that are still nonexempt, even if they pay above the $47,476 a year threshold. Look at what each job, salaried or not, entails.

protection to most workers in the U.S. Let’s boil it down into a few simple paragraphs:

In simplest terms, you have to make certain your employees are properly labeled as “exempt” and “non-exempt.” This has to do as much with a duties test as it does with title. Too theWRITS

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In summary, here’s the good news: Employers have until December 1, 2016 to make certain that they 1) are a business or agency covered by the FLSA, 2) that they have correctly classified all of their employees as “exempt” or “non-exempt”; and 3) the employees who are not receiving overtime pay are either exempt employees making $47,476 a year or more, or are non-exempt employees who are not putting in any more than 40 hours per week. 

often, employers confuse “salary” with “exempt” and the two are not necessarily interchangeable. To be clear, millions of salaried white collar employees do not qualify as exempt employees unless they meet both earnings and duty requirements. Exempt professionals must fall into one of three levels, namely, “executive,” “administrative” or “professional” to qualify for the white collar exemption.

Executive exempt employees must be paid on a salary basis, at least $913 per week and their primary duty must be to “manage the enterprise of a customarily recognized department or subdivision” of the enterprise, including the management of two employees.

MAZAHERI LAW, LLC

Divorce, Custody, Support  Criminal Law  Civil Litigation

Administrative exempt employees may be paid on a salary or fee basis, at least $913 per week, and their primary duty must include the exercise of discretion and independent judgement with respect to matters of significance.

116 Union Street, Doylestown

215-345-6400 www.mazaherilawllc.com

The Professional exempt employee must be paid on a salary or a fee basis, at least $913 a week and his or her primary duty must be to perform work that either requires advanced knowledge in a field of science or learning or that requires talent in a recognized field of artistic or creative endeavor. As an aside, the salary test level here does not apply to professionals such as doctors, lawyers or teachers; they may earn less than $ 47,476 a year and still be considered exempt.

TINA MAZAHERI, ATTORNEY Master of Laws in Trial Advocacy

ATTORNEY DISCIPLINARY AND ETHICS MATTERS STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION

3. DUTIES TEST Each of the three exemptions (executive, administrative and professional) has its own duties test which may be more restrictive under certain state laws than the federal law. In general, the administrative exempt employee, which would be one of the hardest to classify, must “exercise discretion and independent judgment with respect to matters of significance.” It is a fair guess that a lot of administrative assistants and paralegals are incorrectly classified as “exempt” when, in fact, they should be classified as “non-exempt” employees. And if so, it’s time to switch them back to non-exempt status and pay the overtime.

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

James C. Schwartzman, Esq. • Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania • Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania • Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law and Defendants “Lawyer of the Year,” and in Legal Malpractice Law

Once you have identified the non-exempt employees according to their duties test, and corresponding pay, your task will be to: a) raise salaries to new threshold, if not already at that pay; b) pay current salaries under the threshold with overtime after 40 hour weeks; and/or c) reorganize workloads, adjust schedules and spread out hours to keep non-exempts at or below 40 hour weeks. This will cut back on duties and responsibilities of people who are on managerial tracks and are used to putting in extra hours, either in or outside of the office. (Don’t forget meal and rest breaks required by state laws).

1818 Market Street, 29th Floor • Philadelphia, PA 19103 • (215) 751-2863

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FALL 2016


technology Scan for and remove viruses, spyware, adware and the like. Perhaps the biggest drain on productivity, these items can affect all aspects of your computer. While security is the main concern when it comes to these nuisances, they can also drastically reduce your computer’s processing power, causing a noticeable slowdown. Windows has a built-in defense mechanism called Windows Defender, which can be utilized by clicking on the Windows icon in the lower left corner and typing “windows defender.” Simply follow the prompts to scan and remove unwanted items from your PC. While Windows Defender is included, there are many other free and premium applications available. Malwarebytes Anti-Malware is a personal favorite of mine. This application provides most features free of charge and has been very well rated for years. Before running a scan for the first time, be sure to update the database. Also, avoid viruses and the like by ignoring emails with attachments or links from unknown senders, even if the Nigerian prince promises to make you rich.

Tech Tips From a Recovering Geek: Clean Up to Speed Up – By Jason R. Weiss –

You know you – have been there – your new computer is just months old and already starting to slow down. It takes longer to boot up, open applications, read email, and browse your oh-soimportant social media sites. Why should you have to wait a full minute before you can read a forwarded chain email from your mother or see the latest Donald Trump and Hillary Clinton memes on Facebook?

Run the Windows Troubleshooter. Windows has a very hidden, but fairly useful built-in troubleshooter that will identify and repair various issues with your PC. To run the troubleshooter, simply click on the Windows icon in the lower left corner and type “troubleshooting” to find the application. There are many options that appear in the troubleshooter to assist users. For maintenance and repair, select “Run maintenance tasks” under System and Security. Once the System Maintenance window appears, simply follow the prompts. While these are the most common fixes for many computer slowdowns, the list is by no means expansive. For the more technically-inclined, you can also add more RAM, install a solid-state drive for your operating system and software, or change the visual effects and other performance options.

Just like your car, HVAC and other mechanical devices, computers require regular maintenance to run at optimal levels. While maintenance alone will not solve every problem, it will certainly help your PC meet your demands. So what can you do? Here are some tips to clean up and speed up your Windows 10 PC.

A drop in computer performance and speed can be caused by many different forces. Before smashing your computer with a hammer, try some of the steps above. And if they don’t work, smash away…PCs are pretty cheap these days!

Disable items that run automatically on startup. Most of you will notice many icons appearing in the system tray (the box in the lower right corner near the clock) when you first login to Windows. These are just some of the applications and processes that load without your input, and they use system resources to do so. Many of these items can be disabled from startup. To do so, press Ctrl+Shift+Esc together to load the Task Manager and select the Startup Tab. Here, you will see a list of all applications that load without you knowing. You can then disable applications that you do not need to run at every startup. Before doing so, make sure you know what you are disabling. If you are unsure, right click on the item and select “Search Online” for details.

theWRITS

Happy computing. 

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entertainment

p o T s ’ b o n S c i s u The M

5

List:

THE MUSIC SNOB’S TOP FIVE LIST The Top 5 Reasons I Did Not Attend “Desert Trip” 1. Too expensive – reserved tickets start at $699.00 and go up to $1599.00 each 3. Already saw The Who and Paul McCartney this year 3. Too far – where the heck is Indio, California anyway? 4. Too hot – Desert high temperatures each day in the mid-90’s 5. Roger Waters’ politics

THE MUSIC SNOB’S BROTHER’S TOP FIVE LIST The Top 5 Reasons I Attended “Desert Trip” 1. Get together with old college friends 2. See six top acts in one weekend (Living in Florida I am lucky to see one big rock and roll tour a year) 3. Stay at a nearby luxury resort in Palm Springs, CA 4. Party like its 1979: Who knows how long these top acts from my youth will still be playing? 5. Too old to rock and roll too young to die: Who knows how long I can keep doing this?

Editor’s Note: Desert Trip, a/k/a Old-Chella was a three day concert held in Indio, CA

(site of the annual Coachella festival) featuring two iconic rock acts each night: Rolling Stones/Bob Dylan; Paul McCartney/Neil Young; Roger Waters/The Who.

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Jim Brickman

Snarky Puppy

Fourplay

Keiko Matsui

March 31-April 9, 2017 Reading, PA

Brian Culbertson

Patti Austin

Marcus Miller

Spend 10 jazz- and blues-filled days and nights in the Greater Reading area! Over 120 scheduled events, plus great shopping and dining in one area, make the 27th annual Boscov’s Berks Jazz Fest your perfect spring getaway. For tickets, call Ticketmaster toll free at 1-800-745-3000 or visit www.ticketmaster.com to order online.

Tickets go on sale Saturday, Dec. 3, at 10 a.m.! PATTI AUSTIN • GERALD ALBRIGHT • JONATHAN BUTLER • SNARKY PUPPY • WILL DOWNING • NAJEE • KEIKO MATSUI • RICK BRAUN • JIM BRICKMAN MARCUS MILLER • FOURPLAY FEATUIRNG BOB JAMES, NATHAN EAST, HARVEY MASON, CHUCK LOEB • PAT MARTINO ORGAN TRIO WITH HORNS BRIAN CULBERTSON • NEW URBAN JAZZ PARTY: BOB BALDWIN, WALTER BEASLEY, MARION MEADOWS, TOM BROWNE • NICK COLIONNE • ERIC DARIUS ADAM HAWLEY • LARRY GRAHAM & GRAHAM CENTRAL STATION • DR. LONNIE SMITH • TROKER • JEFF HAMILTON TRIO • JAREKUS SINGLETON TOMMY KATONA & TEXAS FLOOD • JON CLEARY • EVERETTE HARP & FRIENDS: CHANTE MOORE, PHIL PERRY, BRIAN BROMBERG JASON MILES PRESENTS CELEBRATING THE MUSIC OF WEATHER REPORT• BERKS GROOVE PROJECT • GERALD VEASLEY’S MIDNIGHT JAMS ERIC MARIENTHAL • FRANK DIBUSSOLO’S PHILLY REUNION BAND • GOSPEL ACCORDING TO JAZZ CELEBRATION: KIRK WHALUM, FRED HAMMOND, KEVIN WHALUM, JOHN STODDART AND THE DOXA GOSPEL ENSEMBLE • ANAT COHEN QUARTET • WEST COAST JAM WITH RICK BRAUN, NORMAN BROWN, RICHARD ELLIOT • THE ARTIMUS PYLE BAND: TRIBUTE TO RONNIE VAN ZANDT’S LYNYRD SKYNYRD • SHEMEKIA COPELAND AND MUCH MORE!*

berksjazzfest.com * LINEUP AS OF 10/30/16. SUBJECT TO CHANGE

PROUD SPONSOR OF THE BOSCOV’S BERKS JAZZ FEST

Follow us on Twitter @berksjazzfest

The WRITS, Fall 2016  

The Official Publication of the Bucks County Bar Association of Bucks County, Pennsylvania. Published quarterly, Bucks Writs is mailed direc...

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