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BOARD OF DIRECTORS JAMES M. SMITH, President GABRIELA G. RAFUL, President-Elect KAREN H. COOK, Vice President NIKOLAS D. CAPITANO, Secretary PAUL F. TROISI, Treasurer HON. TONYA A. BUTLER, Director AMY J. LITVINOV, Director JOHN E. REIGLE, Director MARK E. ZIMMER, Director LAUREN M. MARKS, Director THAD M. GELSINGER, Director JUSTIN D. BODOR, Immediate Past-President KOURTNEY E. BERNECKER, President YLS BAR ASSOCIATION STAFF KORI A. WALTER, Executive Director ROSE M. JOHNSON, Law Journal Secretary/Office Manager COURTNEY MORSTATT, Publications & Marketing Coordinator LUCY BRITO, Community Service Manager PAMELA L. VANFOSSEN, Law Journal Editor J. CHADWICK SCHNEE, Law Journal Assistant Editor MATTHEW M. MAYER, Barrister Editor Please submit materials or comments to: Berks County Bar Association 544 Court Street, P.O. Box 1058 Reading, PA 19603-1058 Phone: 610.375.4591 Fax: 610.373.0256 Email: info@berksbar.orgwww.berksbar.org Thank You Our thanks are extended to the numerous people who have contributed to The Berks Barrister Your time, energy and efforts are sincerely appreciated. SPRING 2016 Content for Fall 2022 Hoffmann Publishing Group, Inc. 2669 Shillington Road, #438 Reading, PA 19608 www.Hoffpubs.com Departments:Features: 9 Travel in a Changed World 14 Encouraging the Love for Reading: The Book ’em Program 16 Law Foundation Summer Cocktail Reception 18 Unlikely Cradles of Democracy 22 Past Presidents Dinner 24 Wellness Wisdom: Get Moving 26 Pets in the Park 28 Miscellaneous Docket 29 In Memoriam 32 Law Day Ceremony 34 Berks County Naturalization Ceremony 6 Opening Statement 30 Restaurant Review 35 Closing Argument
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openingstatement
www.BERKSBAR.org 6 | Berks Barrister Continued on page 8
In the column published in this edition of The Barrister, Don cites two thought-provoking publications which introduce the idea that the United States Constitution might be the source of many of our social ills rather than the solution for them in support of a call to discuss what amendments to the Constitution—or how a new Constitution altogether—might serve to better address our present ills. Don’s attention focuses on the value in a discussion on adjusting the number of Justices serving on the United States Supreme Court, noting that one of the positive outcomes of such a change might be to “achieve consensus in all cases.” Don’s use of this phrase immediately brought to mind a fond memory of Don that I am compelled to share in light of a recent tragedy in our Bar.
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In 2014, Don Smith asked one of my associates to author a book review for publication in this magazine on the book titled, Scalia, A Court of One, a critical analysis of Justice Scalia written by Lafayette College Professor of Civil Rights, Bruce Allen Murphy. Don chose this associate precisely because Don had correctly identified him as a hardcore fan of the late Justice Scalia.
Opening Statement
his may come as a surprise to many of you, but I struggle in choosing topics for this article. But one of the privileges of being President is that I have access to the final draft of Don Smith’s “Closing Argument” column before I offer my “Opening Statement” column. And Don has always been a good source of timely topics in need of meaningful discussion.
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On June 26th, my former associate, David W. Crossett, died in a tragic accident at his home. He was intelligent. He had a deep passion for the law and justice which is its end. He was competitive and firm in many of his convictions. He was devoted to his wife, Cheryl, and his four young children. His untimely demise has served as a stark reminder to many of us that no one is guaranteed breath tomorrow. To David’s family, and on behalf of the more than 600 members of this Bar Association, I offer the deepest condolences of his colleagues.
In closing, we should support Don’s call for a discussion on whether and what changes should be made to the United States Constitution to facilitate a more perfect union. But in doing so, I would not expect consensus because in a society of free thought, the only conclusion I might expect consensus on is that none of us are guaranteed tomorrow.
Continued from page 6 Opening Statement
The associate accepted the invitation and, after reading the 644page attack on Scalia’s jurisprudence, submitted his review for publication in the Winter 2015 edition of The Barrister. Murphy’s book and my associate’s review were published about the time I had first become aware of a movement suggesting that consensus among judges on appellate courts was a growing necessity and that dissenting opinions were a natural enemy of consensus. In response to Murphy’s complaints that Scalia’s dissenting opinions were harmful to the process, the book review argued that “Murphy’s charge would fare better if the oath was to ‘create consensus’ rather than to ‘support and defend the Constitution.’” I wholeheartedly agree. The threat presented to the majority of any court by a well-reasoned and even blistering dissent promises future majority opinions will be better reasoned and, hopefully, more defensible. The lone dissent of Justice John Marshall Harlan that challenged the rationale of the majority in Plessy v. Ferguson kept the legal discussion alive for nearly six decades while America struggled with the truth that ultimately became the majority opinion in Brown v. Board of Education.
In April 2015, my associate’s book review made its way to the desk of Justice Scalia, who read the article and offered in response a handwritten note that simply read, “Mr. Crossett—Thanks for so ably coming to my defense. Best regards, Antonin Scalia.”
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Shortly after Karen and I visited Rachel and Yehonatan, they became engaged and planned to marry in the spring of 2021. Who knew how much would change?
By Jesse L. Pleet, Esquire
There was plenty of evidence of how COVID changed travel since 2018. Masks were required at JFK and on our flight to Tel Aviv. The Israeli government had required a negative PCR test for us prior to boarding our flight plus evidence that we had medical trip insurance for any COVID-related illness. The Israeli government had recently suspended mandatory airport COVID testing for foreign travelers upon arrival as of May 22, so Maria and I were among the last travelers subjected to cattle-call rapid testing at the airport. Continued on next page
Fall 2022 | 9 www.BERKSBAR.org
Visiting Israel for my daughter’s ChangedTravelweddinginaWorld
I would embark on my fourth visit to Israel with my girlfriend, Maria, on May 18. We flew from JFK Airport in New York and arrived at Ben Gurion Airport in Tel Aviv at 8 a.m. on May 19, but the last trip was much easier.
However, the world is emerging from those days of isolation. And my daughter rescheduled her wedding for Thursday, May 26, 2022 in Israel.
COVID brought the world to a near standstill. International travel was out of the question.
y life – and indeed the entire world – has changed dramatically since my last trip to Israel in 2018. That 2018 trip with my late wife, Karen, was my third visit to Israel. It was Karen’s first. We did some sightseeing and visited my youngest daughter, Rachel, and her Israeli boyfriend, Yehonatan. Rachel met Yehonatan in 2013 at Camp Ramah in the Poconos where they were working as summer counselors following Rachel’s freshman year of college. She became an Israeli citizen in 2017 and they moved to Rishon LeZion, a suburb of Tel Aviv.
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Our
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I had arranged for a luxury bus and tour guide for two consecutive days before the wedding to accommodate guests who had made the trek from America. first day trip departed from Rabin Square in Tel Aviv for Masada and the Dead Sea. The day was hot, with temperatures soaring into the upper 90s, and dry.
Continued from page 9
Travel in a Changed World and Rachel with their Ketubah, which is a traditional Jewish marriage contract spelling out the obligations of the bride and groom. comes the bride along with father, Jesse, and mother, Elaine.
Yehonatan
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Masada is an ancient stone fortress with extraordinary views of the Judean desert, the Dead Sea, and Jordan to the east.
Daniel E.P. Bausher, Esq.
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About 2,000 years ago, King Herod the Great built himself this fortified palace on top of an isolated rock plateau. Many decades later it eventually became a place of refuge for the Jews, who were fleeing the Romans toward the end of the First JewishRoman War in 70 C.E./A.D.
Once surrounded by Roman legions, the 300 inhabitants chose to end their lives, preferring death rather than being enslaved by the ThisRomans.wasnot a mass suicide as sometimes referred, but rather, under Jewish law, considered a “mercy killing.” The head of each family executed their own families. The remaining men drew lots to determine who would be the last man standing to fall upon his own sword. So, there was only one true suicide. Masada stands as an Israeli symbol of resistance and Jewish heroism. After Masada, we drove 20 minutes to the Dead Sea. It is the lowest place on Earth. Its waters are extremely salty and mineral rich. This makes one float to the point of losing one’s balance. Covering in the “mud” from the shore leaves your skin silky smooth. Although the Dead Sea is still over 1,000 feet deep at its lowest point, the water level has dropped over 100 feet during the past 30 Thisyears.isaresult of extensive mining for the minerals, the constant evaporation at that latitude, and political issues between the countries of Jordan and Israel, both of which border the Dead Sea. There is a joint Israeli-Jordan Commission addressing these problems, which many believe relate to a diminishing supply of fresh water that feeds into the Dead Sea. This was a great day; we walked more than 15,000 steps. Visiting Masada on the southwest coast of the Dead Sea.
The second day trip was to Old Jerusalem. The Holy City of Jerusalem is rich in history and culture. On any given day, there are more than a dozen active archaeological dig sites. Jerusalem has been the focus of armed conflicts more than 100 times throughout history.
3. Use ATMs to acquire your NIS (New Israeli Shekels) instead of banks, which charge higher fees and limit you to their location and hours of operation.
Travel
4. For occasions where venturing out on your own beyond your group’s organized activities, download Israel’s GETT taxi app for rides, which operates like UBER; and in the larger cities, consider the Moovit app for public buses.
5. Pack a pair of comfortable shoes. Most of the historical sites are vast with uneven terrain. from page 11 in a Changed World
Jesse’s Tips for Your First Visit to Israel booking your hotel reservations, busing to the sites, and 2.guides.Have an Israeli SIM card in your phone. Speak with your wireless provider whether your cell phone is “locked” or “unlocked” since you can only buy a SIM card in Israel for an unlocked phone. If you have a locked phone, consider buying a temporary phone in Israel to access Wi-Fi and cellular coverage beyond your hotel.
Continued
The old city is divided into four quarters, namely the Jewish, Muslim, Christian, and Armenian quarters. For Jews everywhere in the world, the portion of the Western Wall revealed inside the Jewish quarter is its holiest site. Muslims believe that Mohammed the Prophet was thought to rise to heaven at the Dome of the Rock, now squarely inside the Muslim quarter, which was built on top of portions of the lengthy Western Wall. The Christian Quarter includes the Church of the Holy Sepulchre, where many believe Jesus Christ was crucified, buried, and resurrected. The Armenian Quarter represents their strong presence since the 4th century when Armenia became Christian. We took an amazing tunnel tour under the Western Wall and visited the Church of the Holy Sepulchre, which Catholics believe is the holiest real estate on Earth outside of the Vatican. We finished the day by visiting the famous Machaneh Yehuda Market, known as “the Shuk,” for shopping and delicious treats of shawarma, fresh pita, burikas, shakshuka, sabich, and falafel, which is Israel’s national dish. We were very tired after this long day of 17,000 steps… My daughter had a traditional Israeli wedding under the Chuppah. Thank goodness it started at 7:30 p.m. All of us needed some rest after the prior two days of exploring. There were no toasts and no speeches. Instead, there was amazing food, beverages, and dancing. However, the only slow
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The bride's American friends, Federico and Anna, apply Dead Sea mineral "mud" during a relaxing dip. Taking a break during a trip to Old Jerusalem.
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So, as the celebration of one daughter’s wedding ended, the planning for the next celebration in 2023 begins. It is truly a circle of life. Jesse L. Pleet is a past President of the Berks County Bar Association and principal of Pleet Law Office, Wyomissing.
Fall 2022 | 13 dance that night was my honor as father of the bride. And, of course, the groom eventually cut in. We left Israel May 31, but not before mandatory COVID rapid testing required to re-enter the United States. Negative again!Masks were no longer required on the flight nor at JFK upon arrival.However, while on the flight home I felt a “tickle” in my throat, always a harbinger for an impending cold or flu. After additional symptoms, I took my first home COVID test, testing positive. I conferred with my doctor, self-quarantined for six days, and felt better, testing negative 10 days after the return. Maria, though, had no symptoms and tested negative.
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Since 2018, many of us have grieved the loss of a loved one. I have lost a wife, met a wonderful new companion, and gained a son-in-law. And soon, our family will expand again.
Several Americans returning to the United States experienced the same story, contracting mild COVID while in Israel. But all is well that ends well, including this wonderful spring experience in the Holy Land.
Randy L. Weidner Office: 1290www.RandyWeidner.comRWeidner@GoBerksCounty.com610-670-2770BroadcastingRoad,Wyomissing, PA 19610
My oldest daughter, Mollie, resides in Portland, Oregon with her boyfriend, Anthony. Shortly after Rachel’s wedding, Mollie and Anthony announced their engagement while we were still in Israel.
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Bar Association President James M. Smith shared his love of reading with the pre-k students at 12th & Merion Elementary School.
Magisterial District Judge Eric Taylor had books for all the students in the pre-kindergarten class at Amanda Stoudt Elementary. The students were excited to receive their own book, courtesy of the Law Foundation of Berks County.
James M. Smith, Bar Association President, shares a laugh with one of the first graders in the classroom. Joan London, Attorney with Kozloff Stoudt, reads the story of Pig the Pug to the pre-k students at Tyson Schoener Elementary School.
he Law Foundation of Berks County continued their annual tradition of encouraging the love of reading in Reading. The Book ’Em program was headed up by volunteer JoAnn Lightman and Law Journal Secretary Rose Johnson. The program provides books for students in pre-k and kindergarten in the Reading School District. Our Berks County Bar Association members volunteered to read to the students and hand out their very own copy of Pig the Pug and If You Give a Pig A Party, this year’s selections for stories. The Foundation also collected $3,600 in donations, which helps to fund the future of this important program. Partnering with the community and continuing to be a presence in the lives of youth in Berks County is part of the guiding mission of the Law Foundation. The students were thankful for the books and sent in a stack of thank you messages that measured a foot high. Still that doesn’t compare to the heights that these kids will reach, with the solid love of reading that the Foundation works to instill in them at the beginning of their school experience.
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Encouraging the love for reading: theBook’emprogram
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2022 Book ’Em Volunteers Roarke Aston Jana PamJacobMDJSummerJudgeDebbieJamesLisaLouLatishaDouglasJamesKenKennethLarryRosalyndaLoriGeorgeJoanJesseJayMelissaJillRoseJeffreyDebraJohnCarolynColleenMichaelKarenNickMDJSteveLucyBethJustinTimKourtneyBarnettBerneckerBittingBodorBowersBritoBuckTonyaButlerCapitanoCookDautrichDuganFairFieldingFranklinFranklinJohnsonKoestelKrishockKurtzLeisawitzLondonLutzMentzerMichettiMillerMillmanMyersPolyakRauchSchuenemannShuckerSicillianoSmithSottosantiJeffreySprecherSwansonEricTaylorThielenVanFossen Fall 2022 | 15 www.BERKSBAR.org
The
students in Miss Snyder’s kindergarten class at Millmont Elementary were de lighted to have James Polyak of Polyak Law Offices as their special mystery reader. 2022 Book ’Em Donors Mary Ellen Batman Tom Bell Tim MichaelWilliamBittingBlumerBradley & Jennifer M. Lukach Bradley Ken WendyAlfredKarenSmithStevenEdenBrownBucherD.BuckBukowskiCookCrumpJr.&Merle Dunkelberger, Jr. James A. Gilmartin Daniel Huyett Beth ConstantineKohl & Aspasia Kotsakis Melissa HowardKrishock&Joanne Lightman Law offices of Nikolas D. Capitano Paul Marrella J. Randall Miller: Berkshire Inventment Group Ken TerryPamEdwinDeborahJimJillJamesWilliamDouglasJamesJesseMikeAmericaKennethMillmanMyersNievies-Febres&MaryJeanNoonPleetPolyakRauchRobertsRothstein&SharonScullinScheidtSnyderSottosantiL.StockVanFossen&PatWeiler
Law
SummerFoundationCocktailReception
James M. Smith, Berks County Bar Association President, thanks Mike Quick for joining the Law Foundation at the Cocktail Party.
Law Foundation Trustee James Snyder and Andy Herbein of Customers Bank. Customers Bank is the 2022 HBL Hall of Fame Sponsor. Former Eagles wide receiver Mike Quick discusses his NFL career and previews The Birds upcoming season.
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Mike Quick reminisces about hauling in passes from former Eagles quarterbacks Ron Jaworski and Randall Cunningham. Law Foundation Events Committee Chair Mark Caltagirone fielded questions from the audience in an informal question and answer session.
From left are: Peter Butera of Janey Montgomery Scott; Thomas Heck of MidPenn Bank; Ryan McCallum of Connors Investor Services; and Steve Silverman of Connors Investor Services.
From left are: John Perate of M&T Bank; Mark Maggioncalda of Wilmington Trust; Joseph Madison of M&T Bank; Brad Weingart of Wilmington Trust; and Henry Ciavarella of M&T Bank.
Mark Maggioncalda and Mike Quick.
Mike Quick covers more than football during the event. He shared how a charitable organization he supports teaches teens golf and the life lessons that will help the youth long after the 18th hole.
www.BERKSBAR.org Fall 2022 | 17 Kelsey Frankowski, James M. Smith and Mike Quick share a laugh.
From left are: Susan E.B. Frankowski, Esquire; Travis Bieber of RKL LLP; Andy Herbein of Customers Bank; and Bar Association Director Mark Zimmer.
Law Foundation Trustees Franki Aitken and Mark Caltagirone.
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Unlikely Cradles of Democracy
Why did these two countries each adopt democracy as their form of government? Why did the Athenian leadership propose and then adopt a constitutional democracy is as much a conundrum as is the question why our Founding Fathers in 1787 wrote and adopted a constitutional democracy. Do these men of either time appear to be the kind of people who would adopt and approve a government of the people, for the people, by the people? Both the U.S. and Greece had oligarchies in which power and control was held only by wealthy men. These men were the “haves” in society, owners of large spreads of land and legions of slaves! Neither government allowed women to vote, and in Greece, it was only the men who were permitted to own land. In the colonies, on the other hand, being a freeholder was not difficult because land was plentiful and cheap; however, owning land was not the only requirement for voting in many colonies. No males under the age of 21, females, or slaves had the right to vote. In some colonies, many Jews and Catholics were barred from casting ballots. Pennsylvania was an exception thanks to William Penn’s Quaker heritage, which emphasized the free exercise of one’s personal faith. In the U.S., the Founding Fathers had to first reject their original assignment of establishing Articles of Confederation to keep power with the states, not with a national government. Not only did they modify their assignment and instead adopt
By Hon. Jeffrey K. Sprecher
Recent trip stirs thoughts about why Greek philosophers and our founders embraced egalitarian ideals for governing while maintaining societal limits on equality
The Golden Age of Greece was from 977 B.C. to 431 B.C. It was the start of democracy, when the advanced civilization of Greece began making its lasting contributions to the western world. The city-state of Athens held the same relevance and importance to the democracy of Greece as Philadelphia does to our Constitution and democracy in the United States.
A s a belated graduation present to our oldest grandchild, we offered to take her on a trip to Europe. She chose Greece as the destination. My wife, Jane, and I are glad she did. It was a very educational and fun trip, which prompted me to contemplate why these men in Greece and centuries later, on a separate continent, these men in Philadelphia selected democracy as a form of government in their respective countries. Democracy in Greece and in the U.S.A.
Homogenous City-States Was Democracy the result of a homogenous city-state? Democracy in Greece developed chiefly from the more advanced city-states, such as Athens. A city-state is a geographic area of similar culture and includes the city, its surrounding towns and villages and its contiguous farmland. The city-state era began in Greece, in 800 to 700 B.C. In both city-states and in the U.S. colonies, the people were similar; the same dialect was spoken, and they followed the same customs. Each was patriotic and loyal to their community and valued their freedom and “the way we do things here.” Generally speaking, throughout ancient Greek city-states, the people referred to their country as Hellas, their nationality as Hellenes, and distinguished themselves from others, whom they called barbarians. In that regard, they called citizens from other city-states outsiders. Any person from neighboring city-states was a non-citizen. No wonder the city-states were not united in ancient Greece. Neither would be our states if it was not for our Founding Father and their rejection of their task of adopting Articles of Confederation. We know that to make someone firm in their beliefs, you need only have them live in the same house or at least the same town or region. On the other hand, if you want to open someone’s thoughts, beliefs, and actions, send them away to another land and expose him to a different culture, society, religion and language. Local people everywhere are united in their customs, mores, beliefs, and actions and probably will remain so if they remain local. Consider for a moment, superstitions, which are defined as a belief, practice or rite held in spite of evidence to the contrary. It results from ignorance of the laws of nature: physical sciences, logic, reasoning, truth and mathematics. It is further defined as a hopeless or abject state of mind, resulting from ignorance or irrationality. Most people of ancient Greece were superstitious, and they were superstitious of philosophers and their theories. In 399 B.C., an Athenian jury sentenced Socrates to death for showing disrespect of the gods. Although strongly patriotic and loyal to their own city-state, the Greeks did join with other city-states to create a larger force. For example, during the Persian War in 400 B.C., the city-states
Ye Gods!
Fall 2022 | 19 www.BERKSBAR.org
Divine Intervention? In Athens, statesman Solon drew up a code of law. He was followed 50 years later by another Athenian statesman (in 508 B.C.), Cleisthenes, who wrote what became the Athenian constitution. Was a deity the reason? Furthermore, why did the Greeks then expand voting rights for the first time, from only landowners to all free men? By so doing, they gave every male citizen the right to serve on a 500-man council through a simple free election.History books tell us that the people of Greece believed that human-like gods and goddesses controlled their everyday life. Did these gods influence the founding fathers of Greece? Were our Founding Fathers’ similarly influenced by Christianity? Why wouldn’t their decisions, which were of great magnitude, be influenced directly and/or indirectly by divine intervention? Why wouldn’t they believe that they were doing god’s work?
Perhaps Zeus, the king of the gods (and, of course, male), was influenced by beautiful Athena, the goddess of wisdom. Did the goddess of wisdom know all? Did she know very well that this is a man’s world and that for equality to occur the men would have to smarten up eventually? Did she know that it needed to be done in small steps because “with democracy” she understood that the men would eventually become humanized and enlightened? As we know, democracy in Greece was ordained during the Golden Age when men became educated. When great thinkers, philosophers, scientists, mathematicians, artists, musicians, writers, and bards roamed the city-state. She had to be aware that even men know that wisdom begets wisdom and that from all this education and refinement, someone would have an epiphany and treat women as equals or at least eventually give women the right to vote. And this was 2,500 years ago; it took 140 years post-constitutional ratification before women in the U.S. earned the right to vote!
Continued on page 20 a democracy, they proposed a democracy with a strong central government of three equal branches that checked and balanced each other – the opposite of their original task. Both countries adopted a constitution that allowed slaves to be legally owned and women to remain disenfranchised. Many contradictions abound; but for some reason in both countries, instead of keeping power to themselves, they created democracy. But why?
Great Britain was able to delay the Nazi attack so that it was not successful in Greece until June 22, which was significant because that delay compounded. The Nazis were behind schedule to attack the U.S.S.R. and, thus, they suffered through the Russian winter, which aided greatly in the defeat of the Nazi army. Germany held Greece until the end of World War II. Greece was just one of many countries that suffered the carnage of war on a scale never before witnessed in human history.
The Civil War
The 1981 James Bond film "For Your Eyes Only" made Cyril's Monastery in Meteora a popular tourist destination.
Mussolini, Italy’s dictator, resolved to take Greece. He sent his Albanian army south, over the border, on October 28, 1940; but in less than two months, Greece forced them back into Albania. But that wasn’t the end.
20 | Berks Barrister www.BERKSBAR.org Continued from page 19
Unlikely of Democracy of Greece united to defend and defeat the Persians, but the unity was short lived. Athens, the city-state with the greatest navy, then fought Sparta, the most powerful army. First Athens dominated, then Sparta; but soon Thebes, another city-state, defeated Sparta, and it was downhill from there until Alexander the Great conquered all of Greece. But the spread of Greek culture and norms influenced the world during and after his reign.Warfare, as with any ancient country, continued. Eventually, the Romans controlled Greece. Fortunately, even during that time, Greek intellect, culture, art, and even religion lived on, and the Greek way of life was spread by the Roman Empire. The great thinkers and teachers created academic subjects that live on and influence our lives today. Higher education covered the study of philosophy, which is Greek for love of wisdom. It also included the study of science, medicine, law, public speaking, music, and physical education. At first, only the male children of citizens were entitled to an education. But that too changed over time. We owe Greece a great debt for our government, education, philosophy, science, and our great appreciation and love of the arts and literature. Greek literature is both the oldest and the most influential in the entire Western world. For we lovers of the law, the greatest gift to the world is democracy, trial by a jury of its citizens, and government that strives for equality and justice for all. The gifts from Greece have made humanity more civilized and more equal.
Cradles
Greece suffered terribly from all the years of war and eventually asked Great Britain for help. Great Britain responded with help in March 1941; but that too was short-lived because the Nazi army invaded Greece one month later in April 1941.
In sum, Greece gave the world democracy and advanced culture and somehow, 2,000 years thereafter, democracy was bestowed on the U.S. But did you know, nearly 200 years later, America was able to repay Greece? First, some facts on the recent history of the world. Greece became a republic as of 1828. Four years later, President Kapodistrias was assassinated. The Greek Republic recovered and was sustained for nearly 100 years. Then came the political chaos of 1923 to 1936, which was followed by World War II. Italian troops invaded Albania on Good Friday 1939. The Albanian king fled south to Greece.
In the shadow of World War II, Greece endured a civil war. The battle was for control of Greece. Because Greece was hurting so badly, the opportunity presented itself for communism to take root and reshape its government. Whenever there is such destitution, communism lurks in the shadows to seize control. The civil war, waged against communist guerillas, dragged on from 1941 until October 16, 1949. Greece’s civil war was just as catastrophic as the toll the nation suffered in WWII. Almost 80,000 people died, and a million people lost their homes.
Hitler succeeded where Mussolini failed. A swastika was flown above the Acropolis, in the center of Athens.
The Honorable Jeffrey K. Sprecher serves as a Berks County Court of Common Pleas Court judge.
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A myth that originated in ancient Greece tells that when the world was created and the good, fertile farmland was distributed throughout the world, all of the rocks that were left over were poured over Greece. Needless to say, the land is rocky and mountainous, with hills and peaks always in sight. The geography of Greece contributed to the development of separate, independent city-states because of the isolation caused by the mountains. This also helps to explain why the Acropolis in Athens is built on a high hill and why many city-states are likewise located on high ground surrounded by a wall, obviously for protection. Acropolis means high city; at its center is usually located the agora, a large marketplace meeting area, where the people retreated for safety when attacked. The Acropolis still exists today in the center of Athens, 5,000 years later.
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Greek Literature and Philosophy Greece gave us Plato, Socrates, Homer, and Plato’s student Aristotle, who went on to teach Alexander the Great. These men loved the pursuit of wisdom by intellectual investigation and moral self-discipline. Greece also was the first country to record history. It did so through lengthy prose, debate, drama, and poetry. Most of our knowledge of the world is from Greek literature.
Because Great Britain could not rescue Greece, the U.S. had little choice but to fulfill Greece’s plea for help. The Truman Doctrine provided the leadership, but it wasn’t easy. The U.S. had been an isolationist country for 150 years. But one of our allies in WWII, Soviet President Joseph Stalin, became an enemy during the Cold War. That forced our hand. The irony is that this ally of the U.S. fighting against Hitler had promised fellow ally Winston Churchill he would not interfere with post-war Greece in exchange for Great Britain not interfering with the Soviet Union’s desire for Romania. A contract? However, Stalin disregarded the agreement and thus the desperate communique of April 21, 1949 to the U.S. for aid to avert the takeover. The Cold War against communism was first fought in the Greek theater. Through the Truman Doctrine, financial aid was delivered by the U.S. to rebuild Greece, so free government could prevail against an attempted communist takeover. After WWII, Winston Churchill said, “Henry Truman more than any other man saved civilization” because American isolationism ended with the Truman Doctrine.
Fall 2022 | 21 www.BERKSBAR.org Martin A. Darocha, marty@mdarochacpa.comCPA Juliedy Francabandera, CPA Hablo julie@mdarochacpa.comEspañol 38 East Lancaster Avenue, Shillington, PA 19607 PH: 610.775.7655 • FAX: 610.775.7655 www.mdarochacpa.com
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Forty years ago, the James Bond movie, “For Your Eyes Only,” was filmed in one of the monasteries. Meteora’s fame and popularity as a tourist attraction have grown since.
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Greece Today Greece again has a history as a free nation from 1974 when the most recent dictatorship ended, and the referendum affirmed the creation of a Greek Republic. Greece joined the European Union in 1981, only seven years after the official creation of the Republic. Perhaps now the beleaguered country will remain free and at peace.
The U.S. Becomes a World Leader
Author’s Note: Rather than list the itinerary of our recent trip to Greece, I attempted to briefly tell its history and trace the roots of how democracy was established. We spent most of our time in Athens and then traveled north to the Mountains of Meteora by train, a four-hour ride that covered more than 200 miles. Starting in 900 A.D., Meteora’s mountains became famous for religious reclusion from civilization. By the 14th and 15th centuries, Meteora was known as the site for monasteries, located on the top of towering rock formations several hundred feet from the ground.
Mendelsohn, Esq. or Bernard Mendelsohn, Esq. for a free same consultation.day Call 610-374-8088 or contact us via our website. Se Habla Español *We are a debit relief agency by act of congress Serving You for More Than 50 years Two Generations of Experienced Lawyers on Your Side Family Owned Law Firm Most Reasonable Rates
The Hon. A. Joseph Antanavage, Eden R. Bucher, and James M. Snyder Jeffrey A. Franklin and James M. Smith
Lisa M. Ciotti and Kurt Althouse
Past Presidents Dinner
22 | Berks Barrister www.BERKSBAR.org
Attending this year’s dinner were (Front row from left): Howard M. Lightman (2009); Eden R. Bucher (2020); the Hon. Jill Gehman Koestel (2016); Lisa M. Ciotti (2006); Heidi B. Masano (1998); Charles J. Phillips (2010); and Eugene Orlando Jr. (2013). Back row from left: Justin D. Bodor (2021); James M. Smith (2022); Daniel B. Huyett (2004); James M. Snyder (1999); the Hon. A. Joseph Antanavage (2005); Frederick R. Mogel (2003); Terry D. Weiler (2001); Francis M. Mulligan (1990); Jeffrey A. Franklin (2019); and Kurt Althouse (2017).
Current Bar Association President James M. Smith carries on the tradition of toasting attendees.
The Past Presidents Dinner returned to the Batdorf Room for the first time since 2019 with 16 of our esteemed former leaders in attendance. The evening featured the traditional toast by current Bar Association President James M. Smith.
James M. Smith and the Hon. A. Joseph Antanavage
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James M. Smith and Howard M. Lightman
Heidi B. Masano and Charles J. Phillips
Heidi B. Masano, Frederick R. Mogel, and Justin D. Bodor Sharing stories and a few laughs are (clockwise from top): James M. Snyder, Daniel B. Huyett; Francis M. Mulligan; and Frederick R. Mogel.
Eugene Orlando Jr. and Eden R. Bucher catch up before dinner is served.
Darwin, while working on the Theory of Evolution, took a daily walk to exercise his mind and body on what he called his “thinking path” from his home through the shady woods and past a hedgelined field. By Daniel C. Nevins, Esquire Get Moving Wellness Wisdom
What may be less known is that this group walked tall both literally and figuratively–each one engaged in a regular outdoor walk, a simple act that most of us can enjoy every day and without cost. Time away from our desks, moving our bodies, whether slowly or quickly, even just a few minutes a day reaps great benefits. Research studies consistently show that regular exercise improves memory and cognition. We all know this to be true, yet many will search for excuses to avoid physical activity.
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Let’s walk through the Why, How, Where, and When of ambulation. Why?
Nietzsche, Kierkegaard, Darwin, Woolf, MLK, Jobs: All are geniuses who have in common lasting legacies that shape our modern world in philosophy, science, literature, civil rights, and technology.
Time is a limited resource for all attorneys. For many of us, it is carefully measured, tracked, and billed. So, how do you convince a busy attorney to devote time to get outside, and move on a regular basis? Consider it a service to your clients and part of your practice. The active attorney has an active mind. Time outside spurs thinking outside the box and may lead to creative solutions to problems not found as easily behind our desks. You may find inspiration for lines of cross-examination, arguments for briefs, openings and closings while taking a solo nature walk. (I’ve prepped murder trials, while marathon training, and I mentally outlined this article on this morning’sLawyersrun.)look for evidence, so consider the expert testimony: Nietzsche: “It is only ideas gained from walking that have any worth.”Kierkegaard: “Every day I walk myself into a state of well-being and walk away from every illness; I have walked myself into my best thoughts, and I know of no thought so burdensome that one cannot walk away from it.”
Steve Jobs was famous around Palo Alto for his long walks, which he used for exercise, contemplation, problem solving, and even meetings. How? Schedule time in your calendar for outdoor exercise just as you would a client appointment and commit to it. For motivation, you might consider treating yourself to a fresh pair of shoes that are perfectly suited to your body type, gait, and expected usage. During your next stroll down Penn Ave in West Reading, consider a stop at the Fleet Feet store. One of the trained sales staff can help you with a 3D foot scan, displaying instant results on size, pronation and more. In under an hour, you’ll be properly outfitted in gear, that improves your experience and with knowledge to help you move your best. Where? You have your new kicks, so where do you go? Berks County boasts a wealth of excellent walking trails:
As with the practice of law, a disciplined routine is the key to continued success. Set aside a time of day that works for you and treat it as nonnegotiable. Mornings are an ideal time for quiet contemplation and mentally planning your workday. Lunch hours can provide a nice break from the computer or courtroom, and an opportunity to recharge for the afternoon. Evenings can provide decompression from your workday, be it family walk time, or a chance to reconnect with a friend or neighbor. Make a regular commitment to walking or running outdoors. Your mind, body, and law practice will thank you.
1. Union Canal Trail, accessible from various locations including Grings Mill or the Berks County Heritage Center, among others. Chances are you’ll come across a blue heron or two and more than a few fishermen angling for trout.
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When?
Fleet Feet, 705 Penn Ave., West Reading, PA 19611
Fall 2022 |
4. Thun Trail can be picked up at Reading Area Community College or at the Brentwood trailhead off of Route 10. Stop by Trooper Thorns (site of a monthly 5K series in the summer) or head east towards Exeter.
Woolf, as part of her writing process, would recite out loud her drafts during daily walks. King, as a seminary student, took a daily hour-long walk through the campus woods to “commune with nature.”
3. John Bartram Trail in Hamburg, with views of the Schuylkill River, lots of deer and gorgeous foliage in the Fall.
www.fleetfeet.com610-320-9097UnionCanalTrail 2038 Tulpehocken Road, Reading, PA
www.schuylkillriver.org/schuylkill-river-trail/bartram-trailschuylkill-river-trail-trailheads/1268www.traillink.com/trail/union-canal-trail19610BlueMarshLakePalisadesDrive,Leesport,PA19533www.nap.usace.army.mil/Missions/Civil-Works/Blue-Marsh-Lake/JohnBartramTrailFrontandStateStreets,Hamburg,PAwww.hamburgpa.org/business/ThunTrail639MorgantownRoad,Reading,PATrooperThorn’sIrishBeefHouse451MorgantownRoad,Reading,PA610-685-4944www.trooperthorns.com
Daniel Nevins is a partner at Ebner, Nevins & McAllister in Reading, Pa. He is the Chairman of the Wellness Committee.
5. If security or distance is a concern, you can also utilize your local high school track or simply your neighborhood streets. Wave to the neighbors and show off your newfound fitness. As this is the Travel Issue of the The Barrister, I’d be remiss if I didn’t mention the joy of exploring distant cities, towns, and wilderness on foot. There is simply no better way to take in the sights, sounds and smells than with an elevated heart rate, a thin layer of sweat, and rhythmic foot falls. Personal favorite runs of mine in other cities have included the Freedom Trail in Boston, the National Mall in Washington, D.C., and Colonial Williamsburg. The boardwalks and beaches of the New Jersey, Delaware and Maryland shores also provide a beautiful backdrop for exercise during a summer vacation.
2. Blue Marsh Lake, with trails accessible from the State Hill boat docks to the south or the Stilling Basin on the north. Consider taking Fido along to what I call “Dog Beach,” a couple of miles from the parking lot at the lake (follow the Golden Retrievers).
Pets in the
The weather was nearly perfect for the 3rd Annual Pets at the Park event on June 5 in Muhlenberg Township’s Jim Dietrich Park. Members brought their families and pets to park to soak up some sunshine and enjoy ice cream from the Great American Creamery in Reading during this family and fury-friend even Amanda Sobotka with toddler, Vivian, husband, Justin, and daughter, Grace.
Andrea Mertz with Betty. Odie (left) and Sophie get acquainted.AmyLitvinov with her daughter, Anna, and their dog, Casey.
26 | Berks Barrister www.BERKSBAR.org
Fall 2022 | 27 www.BERKSBAR.org Park
Chris Garrell with his girlfriend, Courtney Matina, and Callie. MDJ Eric Taylor and his wife, Terrie, with their children, Saoirse (left) and Deaglan, and Coco Marshmallow. Susan and Ron Gernert with Jett. Tim Bitting with Mikey.
Jackie Hamer's bulldog, Joey. Liz Diener, left, and Joan London with Odie.
From left, Joan London, Justin Bodor with Henry, and Daniel and Jennifer Nevins.
Miscellaneous
Susanna Fultz, an attorney with Barley Snyder in Wyomissing, was named to the Board of Directors of ReadingFilm for 202223. ReadingFilm hosts the annual international film festival, ReadingFilmFEST. In a press release prepared by Barley Snyder, Fultz said: “As a resident of the city of Reading, I am excited to serve ReadingFilm and its mission to grow and develop film and media production and the arts in Berks County and beyond. This advancement and celebration of film production serves as a meaningful way to engage our community and introduce people outside of Berks to all this region has to offer.” Fultz serves as chair of the Berks County Bar Association’s Employment Law Section. 28 | Berks
David Beane is serving as President of the Board of Directors of the World Affairs Council of Greater Reading. He had served the past two years as programming chair of the non-partisan, non-profit organization, which offers programs aimed at increasing awareness of local issues and raising awareness of the common interests the Greater Reading community shares with the rest of the world.
Julie J. Marburger, an associate and licensed title agent with Brennan & Folino, Wyomissing, married Paul Simser during a ceremony at the Berks County Courthouse on May 20. The couple enjoyed a honeymoon at their new vacation home in Delaware, along with several other members of the Berks Bar Association. Members of the Bar who attended the wedding are (from left): David Brennan; Jordan Fegley; Kelsey Frankowski; Walter Frankowski; James Polyak; Darian Dellinger; the Hon. Tina M. Boyd; Sara Haines Clipp; Nicole Manley; Sharon Gray; Julie and Paul; Michael Wieder; Stephanie Hager; Susana Fultz; Julie Ravis; Zachary Morey; Salvatore Folino; Drew Schwartz; and Matthew Lasewicz.
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Kourtney Bernecker, an associate with Kozloff Stoudt in Spring Township, married Shane Puhlman during a May 21 ceremony officiated by her father, Rev. Mark Bernecker, at Curtis Hall & Arboretum in Wyncote, Montgomery County. The couple are honeymooned in Barcelona, Spain. Kozloff Stoudt attorneys who helped celebrate the nuptials are (from left): Jestyn G. Payne; Brad Davis; Brian F. Boland; Brian J. Boland; Colin MacFarlane; Shane and Kourtney; Daniel P. Becker; and George Balchunas.
Smith Bukowski is welcoming applications for an experienced Family Law Attorney with a desire to establish a long-term relationship with the firm and the communities it serves. We are a general practice firm located in Wyomissing, Berks County, Pennsylvania and represent businesses and individuals throughout eastern Pennsylvania in practice areas that include family law, civil litigation (in state and federal courts and administrative agencies), business transactions and counseling, real estate and land use issues, and estate planning and administration. Other practice areas and information about our firm can be found at our website: www.SmithBukowski.com. The ideal candidate will have five or more years of family law experience. Smith Bukowski is an equal opportunity offering a flexible working environment with opportunities for professional development. The right candidate will earn a salary ranging from $75,000 to $120,000 and be eligible to participate in a number of benefit plans, including health insurance (with dental and vision coverage available) and company 401(k) Plan with generous employer matching. Associate attorneys at Smith Bukowski are also eligible for annual performance-based bonuses. To apply, email your cover letter, resume, and a writing sample to our Firm Administrator at KKoslesky@SmithBukowski.com.
Fall 2022 | 29 www.BERKSBAR.org • Full Title Searches • Present SearchesOwner • Deeds/Estates • Recording Services • Trust Transfers of Property • Point of Sale for all Real TransactionsEstate Stewart abStract of berkS county Insuring Your Investment, Securing Your DreamTM DEBRA KONOWAL 610-372-8201•DebraK@stewartabstract.comwww.stewartabstract.com 1100 Berkshire Blvd, Suite 100 Wyomissing, PA 19610 “Proudly serving Berks and its surrounding counties since 1988.”
On a bright June morning during a family trip, I enjoyed striking an item off my bucket list: making pasta in Italy under the tutelage of a descendant of a Roman God. We arrived mid-morning at the In Tavola Cooking Academy in Florence located at Via dei Velluti, 20/r – 50125 for what by serendipity turned out to be a hands-on private cooking class rather than a large group lesson. We had taken a pizza and gelato class in Rome a couple of days earlier which only featured those two items so we assumed this class would only include pasta instruction. To our delight, it included a full four-course meal, consisting of a vegetable course, a pasta course, an entrée, and a dessert. In a well-appointed professional kitchen, Roberto, who was all I hoped for and more in an instructor, took advantage of having only three of us in his kitchen by giving us several tests to determine our skill level, which in turn let him adjust his level of instruction. Mine was to guess what dessert we would be making based upon a reveal of a mis en place he had hidden under a dish towel. It was easy to call out ‘tiramisu’ the second I spied the ingredients because it was a favorite of my mother’s and I often made it with her. My husband’s test was to peel a garlic clove, and he swiftly did so in a manner that drew kudos from Roberto. Our son was given and passed several general knowledge questions. The look of relief on Roberto’s face was hard to miss, and as our lesson progressed, he admitted the worst part of his job was teaching kitchen basics to vacationers who only truly knew how to make reservations.WhenIsay that the lesson was ‘hands-on’, I am referring to the fact that there was no mixer or other modern appliance placed on the workspace to help with any of our tasks. Despite having to whisk the wet ingredients for the dessert by hand, Roberto’s version was a quick and simple one and was something my mother would have loved. For the uninitiated, tiramisu is a classic Italian sweet featuring lady fingers dipped in a combination of strong coffee and brandy and then layered with a sweetened mascarpone cheese and egg mixture. Best suited for coffee lovers, this no-bake desert is dusted with cocoaAfterpowder.thetiramisu was placed in the refrigerator to set, I was assigned the task of making stuffed zucchini. The dish featured rounded whole zucchinis native to Italy. They were hollowed out to be filled with a mixture of diced and sauteed eggplant, roasted red bell pepper, tomato, and potato. The cooked mixture included parmesan and ricotta cheeses and was seasoned with fresh thyme and basil. Once assembled, the colorful and healthy zucchinis were baked in the oven to soften them and properly meld the flavors. While I was busy contemplating whether life was too short to stuff a small zucchini, my spouse made the pasta dough by hand, and our son, Joe, focused on a simple Sugo al Pomodoro, Basiclico e Aglio sauce. After the 30 | Berks Barrister My son, Joe Cullen, earns Chef Roberto’s approval for making a tasty tomato sauce, which topped our ravioli. My husband, John Cullen, also received kudos for his garlic peeling skills. Chef Roberto provides hands-on instruction while preparing stuffed zucchini.
By Susan N. Denaro, Esquire
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Appetite instructionfor
6.
Directions: Heat the butter and olive oil in a large, heavy-bottomed frying pan. Cook the chicken until all sides are lightly browned. Add the red onion, roasted red pepper, balsamic vinegar, a sprig of fresh rosemary, and a sprig of fresh sage to the frying pan. Salt and pepper to taste, reduce the heat to simmer, and cook uncovered for 15 to 20 minutes. Stir as needed. Remove the sprigs of rosemary and sage before serving. Serves three to four people.
Fall 2022 | 31 www.BERKSBAR.org dough rested for a bit, Roberto showed us the process of rolling it through a hand-cranked pasta machine he clamped to the work bench. Fondling it, he joked that his co-workers call it his ‘girlfriend’ because he spends more time with it than with the mother of his three children. The dough took multiple trips through the machine at different settings to achieve the proper thinness for making ravioli which we filled with a potato, tomato paste, garlic, and rosemary, combination my son prepared. While that potato mixture may sound heavy, the ravioli were light and delightful with the fresh tomato sauce.
5.
A cooking class without the jet lag at The Culinary Classroom with, from left, Mary Ellen Wells, your columnist, Virginia Rush, and Sue Koch. Fresh ravioli with tomato sauce.
Note: If you do not want to roast, steam, skin, and deseed your own red pepper, you can use a good quality jarred version but make sure to rinse and dry the pepper before use.
Roberto’s Rustic Farmer’s Chicken Ingredients: 1. Three or four boneless, skinless chicken breasts, cut into bite-sized pieces and lightly flour them with all–purpose flour 2. Thirty grams salted butter Two tablespoons extra virgin olive oil 4. One medium sized red onion, peeled and sliced into thin strips One roasted red pepper, skinned and sliced into strips Sprig of fresh rosemary Sprig of fresh sage 8. One cup good quality red balsamic vinegar
7.
Whether you are a novice in the kitchen or an experienced cook wanting to learn a few new tricks, Linda’s repertoire has something for everyone. The best part of spending time in her kitchen is that, just like in Roberto’s classroom, each lesson ends with a tasty repast.
The surprise stunner of the cooking class was a rustic farmer’s chicken dish that was as easy to make as it was tasty. It has become a staple in my kitchen since we returned home as the balsamic vinegar in the dish tenderizes the chicken and keeps the meat moist. The best part of the cooking class, other than the company of our seasoned instructor Roberto, was getting to enjoy the meal afterward.
The good news is that if you want to take a cooking class like ours without the jet lag, the Culinary Classroom, owned and operated by Linda Bell, is a Berks County gem who is the descendant of Roman Goddesses. She teaches the classes in her home kitchen at 402 S. Tulpehocken Road, Reading. According to its Facebook page, some of the classes currently on offer range from Spanish Paella to Asian Appetizers. I have taken two classes with her to date, including one with a few girlfriends where we prepared a Tuscan meal of ricotta-based gnocchi, roast pork with a rustic apple sauce, and vanilla panna cotta. My second class was with a group of strangers and focused on a variety of specialty desserts. Despite not knowing anyone, I had a delightful night and learned how to make those cannelles I fell in love with during our anniversary trip to The Inn at Little Washington in Virginia in 2020.
Ms. Denaro is with the Wyomissing law firm of Georgeadis||Setley.
3.
Bar Association President James M. Smith, left, with third-place winner in the Multimedia Competition Casimir Washington, a student at Northeast Middle School in Reading. (from left) Law Chair Julie Marburger with keynote speaker Nicholas Mosvick of the National Constitution Center and event emcee Kelsey Frankowski. Bar Association President-elect Gabriela G. Raful, left, with Berks County Commissioner Michael Rivera and his Executive Assistant Barbara J. Lopez.
Members commemorated Law Day on May 5 at the DoubleTree Hotel in downtown Reading. This year's Law Day Theme was "Toward a More Perfect Union: The Constitution in Times of Change." Keynote speaker Nicholas Mosvick, a Senior Fellow in Constitutional Content at the National Constitution Center in Philadelphia, explored that theme by recounting times throughout our nation's history when George Washington, Abraham Lincoln and other presidents tested the limits of their Constitutional authority. In addition, the Bar Association recognized Fleetwood High School’s Mock Trial team for winning the 2022 Berks County Mock Trial Championship. It was the seventh consecutive year Fleetwood took home the Berks title. And Fleetwood became the first Mock Trial team from Berks to reach the state championship in 30 years, advancing to the semifinals. Finally, Bar Association President congratulated the winners of the Law Day Multimedia Competition — each one taking home a cash prize for their creative efforts.
Law Day 2022
Kevin A. Moore, right, congratulates this year’s Howard Fox Memorial Law Scholarship recipient Luke Myers. Myers is a Gov. Mifflin graduate and is starting his third year at Temple University Beasley School of Law.
Reading City Councilwoman Donna Reed and Reading Mayor Eddie Moran.
Berks County Commissioner Kevin Barnhardt (front) and Bar Association Executive Director Emeritus Donald F. Smith Jr. Bar Association President James M. Smith, left, with Zachary Carter, who finished second in this year’s Multimedia Competition. He is a student at Northeast Middle School in Reading.
The Exeter Eagleaires choral group entertains the crowd.
The Fleetwood Mock Trial team earned its seventh consecutive Berks County Mock Trial championship this year.
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Enjoying lunch at the head table are (clockwise from center): Law Day Committee Chair Julie Marburger; Keynote Speaker Nicholas Mosvick; Bar Association President James M. Smith; Emcee Kelsey Frankowski; Elsayed Elmarzouky, President of the Islamic Center of Reading; Anne-Marie Grill, Executive Assistant to Berks County Commissioner Christian Leinbach; Berks County Commissioner Christian Leinbach; Berks County President Judge Thomas G. Parisi; State Sen. Judy Schwank; and Sara Haines-Clipp. Attorney Jeffrey R. Elliott and Berks County Judge Tina M. Boyd. Clockwise from left are: Young Lawyers Section President Kourtney Bernecker; Daniel Becker; Peter Schuchman; Joan London; and Berks County Recorder of Deeds Mary Kozak.
Clockwise from bottom left are: Berks County Judge James M. Lillis; Pamela VanFossen; Chris Muvdi; Bar Association Director John Reigle; Joseph Speece; Bar Association Director Amy Litvinov; Berks County Judge M. Theresa Johnson; retired Berks County Court Administrator Stephen A. Weber; and Berks County Judge Jeffrey K. Sprecher.
From left are: Salvatore Folino; Drew Schwartz; Berks County Prothonotary Jonathan DelCollo; David Brennan; and Matthew Lasewicz.
www.BERKSBAR.org Fall 2022 | 33
Bar Association President James M. Smith, left, with Multimedia Competition first-place winner Sam Nevins, a student at Wilson West Middle School. Joining Sam are his parents and Bar Association members Dan and Jennifer Nevins. Presenting our nation’s colors are the Reading High School Marine Corps JROTC cadets.
Smiles abound for new citizens and family members. The ceremony is the culmination of years of hard work and sacrifice for many.
Syrian native Liam Roosevelt (second from right in blue suit) celebrates with his family.State Sen. Judy Schwank greets one of the 27 new citizens.
Berks County Bar Association President James M. Smith offers words of encouragement and congratulations to all the new citizens at the ceremony. The Honorable Madelyn S. Fudeman congratulates a new citizen from Ukraine.
NATURALIZATION CEREMONY
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The Berks County Bar Association welcomed 27 new citizens during a ceremony on July 20 in Courtroom 5 A. The Hon. Madelyn S. Fudeman presided and congratulated those taking the Oath of Citizenship. Several community organizations greeted the citizens and provided information on voting and civic engagement. The groups included: The League of Women Voters of Berks County; Altrusa International; The Literacy Council of Reading-Berks County; Berks County Election Services; and State Sen. Judy Schwank.
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The Summer 2021 issue of the Democracy: A Journal of Ideas included a draft of “A New Constitution for the United States”; on November 7, 2021, The New York Times published a special section titled “Snap Out of It, America,” setting forth seven ideas for a 28th Amendment to the Constitution; and in December, the Presidential Commission on the Supreme Court of the United States issued its final report analyzing various proposals to reform the High Court. Locally, the 2022 Law Day theme was “Toward a More Perfect Union— The Constitution in Times of Change,” and Berks middle-school students were asked to propose amendments to the Constitution.Whyallthis attention?
Mr. Smith is Executive Director Emeritus of the Berks County Bar Association. Fall
Levinson justifies the amendment by explaining a supermajority may still void a law that “violates the clear commands of the Constitution. Otherwise, the national legislature should generally prevail. That, after all, is what democracy generally means.”Writing in the Times section, Pepperdine University law professor Barry P. McDonald agrees. It will allow the Court to enforce what the Constitution clearly provides while “leaving debatable issues to the democratic process.” Recognizing the difficulty of amending the Constitution, could Congress instead legislate a supermajority voting requirement on the Court? That was a potential reform measure the Presidential Commission analyzed. The 35-member panel of “Constitutional Law Who’s Who” discussed various arguments to support such legislative action, citing, for example, the Necessary and Proper Clause. However, they concluded “that the Court would find a congressional attempt to impose a supermajority rule…to be beyond Congress’s power.” But the Commission does make an interesting suggestion. Since Congress has broad power to actually set the number of Justices on the Court, bench membership could be reduced to six, which was the original number in 1789 that included James Wilson, a scholarly lawyer who had practiced in Reading for a time. With six, a simple majority vote equals a two-thirds supermajority, 4 to 2. In fact, the Democracy Journal delegation believes an even number of Justices will “force negotiation and compromise” to achieve consensus in all cases. Thus, the New Constitution proposal: “There shall be at least eight, and always an even number…”Areyou prompted to join an overdue public discussion? Email your reactions to fdonalds@outlook.com.Ilookforwardtoreceiving thoughts as spry as Sam Nevins’.
Participatingunconstitutional.intheBCBA’s Law Day Contest, Wilson West eighth-grader Sam Nevins submitted the first-place entry, proposing an amendment to make Election Day a national holiday. He writes that, doing so, “will make our Union more perfect because the process of voting will be more accessible to everyone.” Insightful andAll“excitable.”ofthese ideas are worthy of consideration, and one hopes an interesting, dynamic discussion will result. I would like to focus on the judicial review limitation. Previously, on this page, I have expressed displeasure in having a group of unelected politicians in robes making policy by finding laws passed by Congress unconstitutional.Themostrecent egregious example was the 2013 decision of Shelby County v. Holder in which the Court, by a 5-4 vote, held invalid the strongest enforcement provision of the Voting Rights Act of 1965, despite Congress finding a need for it after taking testimony from 46 witnesses totaling 16,000 pages.
Some of the “topline changes” proposed in the Journal’s New Constitution are: opening the Constitution with a more enumerated Bill of Rights; limiting the power of the Senate to delay legislation passed by the House, not killing it (similar to England’s House of Lords); four-year terms for House members; eliminating the Electoral College; limiting the Justices’ membership to an even number, at least eight; and making the Constitution easier to amend. The Times section included these amendment proposals received from legal writers and scholars: all workers have the right to form and join labor unions; prohibiting involuntary servitude as punishment for crime; international law shall be part of American law; and tweaking the Fourth Amendment to include a specific right to privacy and applying it to one’s data and metadata. Both projects propose limiting a Justice’s term to a set number of years and requiring a supermajority before a law can be declared
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Long before June 24—the day Dobbs jolted the legal system—the Constitution and the Supreme Court were both receiving much attention.
TOBESPRYAGAIN By Donald F. Smith, Jr., Esquire
According to the Times: “America is not young anymore. Whereas it was once spry and excitable, it is now creaky and hidebound. The country that passed Prohibition and created Social Security now spends decades dithering over how large a role the government should play in health care.” Sanford Levinson, a law and government professor at the University of Texas, led the Democracy Journal effort. In his introduction, Levinson writes, “It has become almost a given in much public discussion and punditry that the American political system is in trouble.” He believes there should be a “public discussion of the degree to which the United States Constitution might be the problem—at least a partial explanation for our many discontents—and not the solution to them.” Levinson hopes the project will lead to “a public discussion that is so much needed.” Thus, this column.
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to Mark A. Maggs for being named to the Forbes “Best-in-State
Advice for what matters most, when you need it most Maggs & Associates Mark A. Maggs, CIMA®, CPFA® Managing Director Wealth Management Advisor mark_maggs@ml.com610.320.5462 Merrill Lynch Wealth Management 985 Berkshire Boulevard Suite Wyomissing,200 PA fa.ml.com/maggs19610
Congratulations Wealth Advisors”
2022 list.