theWRITS Summer 2016
THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION
1877 Courthouse Fountain Preserved Family Law Issue:
War Stories From the Family Law Section Woof, Woof: A Comforting Sound Family Court Judge Brian McGuffin
PREPARE TO WIN
BUCKS COUNTY’S FAMILY LAW TRIAL ATTORNEYS
Divorce • Custody • Alimony / Spousal Support • Child Support • Arbitration • Mediation 215-340-2207 • www.BucksFamilyLawyers.com
theWRITS THE OFFICIAL PUBLICATION OF THE BUCKS COUNTY BAR ASSOCIATION
CONTACT INFO President Grace M. Deon Vice President/President Elect David J. Truelove Secretary Jessica A. Pritchard Treasurer Robert T. Repko Editorial Staff 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 email submissions to deannam@bucksbar.org
contents SUMMER 2016
President’s Message .......................................................................................... Page 4 Welcome to the Village “We know it is summer when we are outside in our yard, trimming hedges, pulling weeds, and cars slow down to ask: “How far are we from Peddlers Village?”...
.......................................................................................... Page 7 Commonwealth Court Visit & Dinner at the Mercer Museum May 12-13, 2016
e....................................................................................... Page 12 Our Buddy on the Bench: The Honorable Brian McGuffin Those of us in the Bucks County legal community know Judge Brian McGuffin. And those of us...
e....................................................................................... Page 14 BCBA Annual Past President’s Dinner Held at the Bucks County Bar Association Wednesday – May 25, 2016
........................................................................................ Page 18 War Stories From the Family Law Section The call from Court Administrator Paul Kester came on a Monday morning...”Got a call; guy says I can’t...
........................................................................................ Page 20 Woof, Woof: A Comforting Sound Dependency court is a stressful place to be, no matter what your reason is for being there. It’s stressful for the parents, the attorneys, the court staff...
........................................................................................ Page 24 PUBLISHER Hoffmann Publishing Group, Inc. 2921 Windmill Road Reading, PA 19608 610.685.0914 x201 HoffPubs.com Advertising Contact Lauren Melusky 610.685.0914 x212 Lauren@HoffPubs.com
Lunch With Steve Heckman When first tasked by the Writs Editor to write an article introducing our new Court Administrator, it felt like an offer I couldn’t turn down. These past two...
........................................................................................ Page 26 Also in This Issue: • Women’s Power Summit • Federal Courts Reception • Bucks County Bar Foundation Golf Outing • Pro Bono Honor Roll • bucksbar.org Update
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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President’s Message
In 1812, Doylestown was chosen as the county seat. Then, in 1877, county leaders built a second courthouse in Doylestown. In the east yard near the front iron fence they placed a magnificent fountain with a large, fluted round cast iron basin and two tiers rising from the center. Manufactured in Philadelphia by the A.W. Wood & Company forge, the fountain remained on the courthouse grounds until 1960. The construction of a new courthouse lead to the demolition of the building and an auction of its contents, including the grand fountain. Sometime thereafter, the fountain was relocated to the residence adjacent to the former Warrington Inn.
Dear BCBA Members: The cover of this issue of the Writs lends itself to the topic of historic preservation. Safeguarding historic structures in our community fosters civic pride, tourism, economic development, Grace Deon neighborhood beautification Bucks County Bar and even sustainability when a Association President refurbishment is also eco-friendly. Equally important is the conservation of historic artifacts that capture the culture and aesthetics of a time gone by.
Approximately 5 years ago, BCBA member Meredith Buck‘s longtime friend and historic preservation enthusiast, Bob Showalter, told her about the location of the fountain. Thankfully, Meredith recognized the value of securing a piece of Bucks County’s legal history. Through these efforts, Chef Lo, owner of the fountain and Villa Barolo Restaurant, graciously offered to gift it to the BCBA. Now the fun began. How to unearth it and transport it without causing damage
On July 20th, the Bucks County Bar Association celebrated the formal dedication of a fountain previously located on the grounds of the 1877 Bucks County Courthouse.
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to its structure? Before I could approach the BCBA Board with a proposal for the refurbishment, I needed a game plan. Who could oversee and coordinate this project carefully, efficiently and economically?
“On July 20th, the Bucks County Bar Association celebrated the formal dedication of a fountain previously located on the grounds of the 1877 Bucks County Courthouse.”
Fortunately, I had to look no further than someone near and dear to my heart – my husband, Vincent. As a former United States Air Force Crew Chief of F-16’s, Vincent can either fix anything or he knows who to call upon for help. Vincent sought the assistance and expertise of our dear friends, Chris Walker (an engineer with Pennoni Associates) and George Betz (a master carpenter and jack-of-all trades). I will eternally be grateful for the many, many volunteer hours they devoted to make my vision a reality. Thank you also to Deanna Mindler and the BCBA Board of Directors for encouraging me to undertake this very worthwhile endeavor.
Edmund V. Ludwig Federal Courts Reception.” This occasion also marked the first time that our members had the opportunity to view our newly installed and operable fountain. The next time you visit the BCBA building, please take a moment to view the refurbished fountain that now graces our courtyard.
Each June, the BCBA Federal Courts Section welcomes the federal judges of the United States District Court for the Eastern District of Pennsylvania to a reception which is often preceded by a ceremony to move for the admission of our members to the federal bench. The 15th annual event, held on June 8, included a remembrance of the Hon. Edmund V. Ludwig, one of the Section’s founders. Christopher J. Brill, the BCBA President when the Federal Courts Section was established, and some of Judge Ludwig’s former law clerks (Judges Baldi, Gilman and Waite) shared their fondest memories about a member of the BCBA who will be sadly missed. The Hon. Cynthia M. Rufe announced that next year our members will be invited to attend the first annual “Judge
We Welcome Your Feedback! Thanks for your interest in theWRITS. Please send all comments, questions, submissions to: BCBAWrits@yahoo.com.
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SPRING 2016
From the Editor...
divisions, representing nearly every interest and demographic of our members and their diverse practice areas. The Women Lawyers’ Division, for example, has its own mentoring program for younger lawyers.
What’s up, Doc? Or, more properly stated, gracious warm greetings to the medical professionals and others enjoying our fine publication.
The charitable arm of the Association, the Bucks County Bar Foundation, provides support for law-related projects and programs in the community and has donated tens of thousands of dollars to local charities and organizations such as: Legal Aid of Southeastern Pennsylvania, Doylestown FISH, Tabor Home, Network of Victims Assistance and the Lenape Valley Foundation. The Foundation has also established and awards college scholarships to deserving area students. If you know a local attorney who is giving back to the community, whether by doing pro bono legal work, supporting a non-profit organization or coaching a youth sports league, chances are excellent that he or she is a member of the Bucks County Bar Association!
This is the seventh issue of the Writs – we publish four times a year – since partnering with an outside publisher at the beginning of 2015. At that time, our distribution expanded for the first time beyond the cozy confines of the membership of the Bucks County Bar Association to include, among others, several hundred Bucks County medical offices and health care professionals. Over that time, I have received feedback from two of my own providers – my dentist and my orthopedist – that they have not only received the Writs but have read it! What an unexpected surprise. It feels good to know that print publications are very much alive and well and that the promises of our publisher regarding circulation have indeed been delivered upon. Our little “innie” lawyers magazine is being distributed to and read by the community at large. Thank you!
This publication is our opportunity to not only profile our members, judges, court personnel and practice areas, but also to shed additional light on our lives and pastimes: we love to travel, patronize the arts and attend local events. We would also love to hear from you, our newest readers. Your feedback, comments and contributions are always welcome. Send to: BCBAWrits@yahoo.com.
-Scott L. Feldman
So for the benefit of you newcomers, just who are we? The Bucks County Bar Association is a member organization of more than 800 attorneys. We are one of the oldest such organizations in the country, having been founded in 1853 by a group of seventeen lawyers. As the population and needs of Bucks County have grown, the Bar Association has followed suit.
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.
The Bar Association publishes a legal journal, The Bucks County Law Reporter, providing a useful tool for members and the legal community at large to track the published judicial opinions and evolving case law in the County. The Association administers a Lawyer Referral and Information Service, to facilitate a legal consumer’s initial contact with a local attorney in a particular area of practice. Last year, over 1200 such referrals were made to participating attorneys.
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.
The Association sponsors and works closely with the Legal Aid Society. We organize and implement an annual Mock Trial competition for high schoolers and Law Day programs for elementary school students. There are fee dispute and mediation programs, and a Traffic School. At present, the association has over 30 different committees, sections and
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feature – By – Susan Dardes
Welcome -to theVillage Photo credits: Brandon Nieto
Or, How to Be a Tourist in Your Hometown
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feature
“We know it is summer when we are outside in our yard, trimming hedges, pulling weeds, and cars slow down to ask: “How far are we from Peddlers Village?”
‘‘I
will field that one, I say to my husband.” (He gives directions to Rice’s Market or the Michener...) “You keep going down Street Road, past the two sharp curves and you’ll run right into it!” Peddlers Village, or “the Village,” as some Lahaska residents refer to it, is mostly known as a quaint collection of 65 shops and boutiques, and several restaurants (I have eaten at about five myself) set on 42 acres of beautifully landscaped land, within walking distance from my home. But more than that, it is one of the most famous and frequently traveled tourist spots in Pennsylvania, about half way between Philadelphia and New York and close to the great antiquing and night life of New Hope and Lambertville. Peddlers Village has been around since 1962, when the late Earl Jamison came up with the idea based on a collection of shops and restaurants he saw in Carmel, California. A native to Bucks County, Mr. Jamison’s first business was a fruit stand in nearby Holicong he opened in 1953, which he called “Bountiful Acres.” During the 1960s and 70s, Jamison ran the iconic Cock and Bull Restaurant at the corner of Street Road and 263. A favorite of my parents in those days, the Cock and Bull is often the venue for weddings and parties as well as a great murder mystery dinner theater. Down the block, across from the Golden Plough Bed and Breakfast, is Earl’s New American Restaurant, named after the founder himself. I haven’t been there to enjoy dinner since the remodel, but it’s on my list.
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feature
“The Village is charming. It is dog and kid-friendly. The natives really do mind the pedestrians at the cross walks.�
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I
n fact, some 1000 visitors, on average, flock to our neighborhood every day, I am told. Christmas and Memorial Day weekend are the biggest draws. I think I know why. The Village is charming. It is dog- and kid-friendly. The natives really do mind the pedestrians at the cross walks. It has a lot of unique shopping and the pace is slow enough for a young family or a retired couple, but fast enough for folks who might want to stop in and grab a bite to eat at Hart’s Tavern (get the classic cheeseburger) or pick up a unique gift. There is lots to do in Bucks County including museum hopping, hiking, biking along the river and fine dining and Peddlers Village may be just the place to end or begin a great long weekend. My personal favorite spots? I am a frequenter of “The Paper Chase” – ok, a lawyer has gotta love that name – which is a wonderful card and gift store. The owners are delightfully friendly and I can always find something fitting for every person and every occasion. Then there’s the Cookery Ware Shop – for the cook in my house. (We can’t forget him, since I am the connoisseur of his gastronomic wonders.) If you know a serious chef or baker and you want to find something for him or her, this is the place to go. And Lacy Silhouettes (the cook shops for me, too), Skip’s Candy Corner, David Witchell Hair Salon, I could go on. Saxby’s coffee – where I am headed to meet a friend tonight, in fact. Cross Route 202 and you will come to the Penn’s Purchase outlet area, which used to house a flea market space many years ago, I am told. Coach, Bass and Brooks Brothers are a few of the top outlets there and Villagio Cucina is a great BYOB for fresh, made to order northern Italian cuisine. And hopefully you came out on July 16th and 17th to the Blueberry and Bluegrass Festival on the Great Lawn by Earl’s Restaurant. I’ll be there! 11
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BCBA events
Commonwealth Court Visit & D i n n e r at t h e M e r c e r M u s e u m May 12-13, 2016
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community We know that he came from a devoted family of origin and that he has formed another devoted family with his wife, Renee, who is a teacher, and their three children. His children not only willingly (?) produced a video showcasing their scooter talents for the Association’s annual meeting, but they all spoke with poise, grace, and wit when they roasted their father at his investiture ceremony at the then-new Justice Center on March 27, 2015. Most importantly, we know that His Honor hales from Croydon, and he is 99 percent sure that he is the first Bucks County judge from Croydon. How did he accomplish this remarkable feat? Judge McGuffin graduated from LaSalle College in 1982 and from Temple Law School in 1985. He then worked for two and a half years in the Bucks County Public Defender’s Office, followed by more than two and a half decades in private practice. He has summed up his career as, “How to Become a Judge in 27 Years.”
Our Buddy on the Bench:
His Honor was hired by the 17-attorney firm of Connolly, Chandor & McAndrews out of the Public Defender’s office and assigned to the firm’s small Warminster office, where he remained until assuming the cloak of the black robe. Judge McGuffin described himself as a “dinosaur” in the law because he essentially was a general practitioner, comparing himself to a family physician.
The Honorable Brian McGuffin – By Diane Magee –
His early career featured family law and criminal defense. He then represented a lot of small businesses and realtors, which involved many unemployment compensation cases, residential real estate transactions, and business and personal injury law, with the continuing complement of criminal and family practice. Typically, as his career progressed, he began writing wills and powers of attorney and over his last six years in the office, he inherited an estate administration and Orphans’ Court litigation practice from his retired partner, Elliott Drexler. He practiced not only in Bucks County, but also handled many cases in Montgomery County.
Those of us in the Bucks County legal community know Judge Brian McGuffin. And those of us who have been active in the Bar Association for the past decade or so know Judge McGuffin well.
From the pages of The Writs, where he was our long-tenured, de facto humor columnist, we know that he writes well, is hilarious, and doesn’t mind poking fun at himself and others. When he served as Vice President/President Elect during the tenure of President Jeff Trauger, who preceded him in elevation to the pinnacle of the Bar Association but is following him to the bench, we followed their many exploits and foibles here and away as they bonded over bar leadership activities. We know that he is smart, outspoken, and an enthusiastic, rhythmic Teddy Bear on the dance floor. If you’re his friend, he calls you “buddy.”
Judge McGuffin believes that his diverse legal career prepared him well to be a judge. As a “rookie” on the bench, he oversees mostly family law cases, spending an estimated 80 percent of his time in family court. He’s also the third judge in dependency court. He likes these assignments, as he can help real people with real problems. The Judge writes his own custody and equitable distributions decisions and receives help from his able law clerk, Tien Chang, with opinions on appeals.
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Judge McGuffin thinks that being a judge is a “cool” job. It is very challenging but also very rewarding to him. He likes to help solve problems and make decisions. He likes being productive and being the guy who can get a case moving and resolved. His favorite part of the job is being in court, although he misses advocating for clients, forming personal relationships with clients, and, particularly, the performance of cross-examination. Overall, though, he feels that he can do more to help more people as a judge since “attorneys are fundamentally all control freaks in jobs where they have no real control.” As a warning to the attorneys out there, the judge is most frustrated when he observes that the litigants are just spinning wheels, wasting time, and not getting to the heart of the matter.
“Judge McGuffin believes that his diverse legal career prepared him well to be a judge.” Not only do we know the Honorable Brian McGuffin, but he knows himself extremely well. He enjoys life, people, and the law. It may have taken him 27 years to become a judge, but he’s always been honorable.
Women’s Power Summit The Women Lawyers Division will present this year’s Women’s Power Summit on Thursday, October 22, 2016 at the Bucks Club in Jamison. The event will begin at 4:00 p.m. with light faire and cocktails to follow.
The topic for this year’s Summit is “Grit and Success” and is borne out of the “The Grit Project,” undertaken by ABA Commission on Women in the Profession. Presenters will include members of the Grit Project and practitioners of Grit. Attendees will have the opportunity to test how gritty they are and learn how to identify, cultivate and marshal the characteristics of Grit into a successful and satisfying career. The Grit Project not only has relevance to women in the profession of law, but women in all professions. All are welcome to attend.
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BCBA events
Federal
- Courts Reception Wednesday / June 8, 2016
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BCBA events
2016
B uc k s C ounty
Go l f O u t i n g B ar Foundation
Bucks County Bar Foundation Golf Outing Jericho National Golf Course Monday, June 27, 2016
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BCBA events
BCBA
Annual Past president’s Dinner
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Held at the Bucks County Bar Association Wednesday –May 25, 2016
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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. BCMAC is a full-service ADR provider addressing issues involving, but not limited to: • Contract and real estate disputes • Medical malpractice • Equity matters • 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. Bucks County Mediation and Arbitration Center The Farm, 220 Farm Lane, Doylestown, PA 18901
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community
War Stories From the Family Law Section
Richard Moore: Long conference table, sitting there with “Dave,” my bodyguard, when this yahoo walks into the room. Ten gallon hat, lime green pants, plaid jacket. I look at Dave and whisper, “If I had to guess...”
The call from Court Administrator Paul Kester came on a Monday morning...”Got a call; guy says I can’t wait to meet that blankety, blank, blank Master, Richard Moore.” (Paul was a Quaker and didn’t curse); You’ll be able to fill in the blanks. “So how do you want to handle it”?
“Which one of you is Moore!?” “You mean like don’t come in, right?” Dave and I point to each other as ten gallon reaches into his inside breast pocket at which point I am already on the way down to the floor only to see Dave, my bodyguard, got there first! Dave said, “I like you, not that I would take a bullet for you.” We look at each other and for what seems like a long time looking back – nothing – then at the far end of the table I see a ten gallon hat followed by a face...
“You have to be there!” “You going to be there? Why can’t you have the deputies pat down people at the front entrance?” “Commissioners won’t allow it – violation of civil rights, and I will not be there!”
“Helloooo. Anybody home?...” (Can’t make this up)
“REALLY?” “Not with you...(pause) Wear your bullet proof vest (inside joke). Best I can do is get one of the detectives to be with you.”
What the hell. I sit up and he proceeds to show me a picture of his little girl that he isn’t allowed to see, and says he’s there to get justice! No one showed up on the other side so it was fast, replete with promises of justice when he saw the Judge. The rest of the morning was uneventful and for the longest time I accused Paul of making up the phone call. He always denied it, but I did leave half a dozen peeled shrimp casings tucked into the top folds of the drapes behind his desk and swore it wasn’t me when he had to get them replaced.
Tuesday morning...I held conferences on Tuesday and Thursdays in the 5th floor conference room of the Courthouse before it became a court room. I figured whoever it was would have to pass Doug Praul’s office and he could give me a heads up, but then I realized he hid all the time from Kester so he was no use. theWRITS
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Jessica Pritchard:
wife’s attorney to see if an overall agreement could be reached. When I had fashioned the outline of a potential agreement, I sent Joe a letter to advise him of the terms of the agreement and asked him to call me to discuss.
In Pennsylvania, if separating parties are residing in the same house a claim for spousal or child support will be denied. An exception to the rule is when the higher earning party is not paying for “necessaries.” Despite living in the same house as my client, Wife had filed for support. Husband was paying the bills associated with the house and leaving her money for other sundries. Wife would not withdraw the petition and we ended up in front of a judge. The learned judge advised the parties to settle the case and arrange for payments moving forward upon Wife’s vacating the home. Wife refused. She wanted her day in court. When she took the stand, her speech was slow and slurred. I turned to my client and asked whether she could be under the influence. He believed it likely that she had used marijuana. When the time came to cross-examine Wife, I asked whether she was under the influence. Opposing counsel objected on the basis of relevance. I responded that if she could afford recreational drugs, she could afford her “necessaries.” The learned judge overruled the objection and asked Wife directly, “Did you smoke a little dope today to get relaxed before court?” It seemed like an eternity passed before Wife replied, low and slow, “yyeessss.” Case dismissed.
After several weeks and not hearing from Joe, I called him directly to see why he did not call me after receiving my letter. Joe’s reply was: “I received your letter. When I get your mail about the divorce, I get depressed. When I get depressed, I can’t think. When I can’t think, I forget to call you.” In my frustration, I told Joe – “I don’t want you to think. I’ll tell you when to think. Just call me when you get my letters.” From that point on through the finalization of the divorce, Joe always called me promptly after receiving my letters, and he did not bother to think!
Karen Ulmer Pendergast: A while ago, I was involved in a custody case and represented the Father. The mother had lost a significant amount of weight and had been in the hospital. Father thought the hospitalization was due to drug usage but had no proof, and Mother testified that she had diabetes. Judge Rubenstein conditioned his order that favored mother on allowing us to obtain the medical records for Mother from the hospital. We received the records which substantiated my client’s belief that Mother had overdosed on heroin and filed for Reconsideration. We subpoenaed the Mother’s sister for the reconsideration hearing, who failed to show. Judge Rubenstein stopped the trial, sent the Sheriff to the house and had the sister brought to Court to explain her failure to show up. She told the Judge she never opened the envelope and that it was still sitting (after several weeks) on her table. He believed none of it other than that she had received the subpoena, and ordered her to pay the fees for the Sheriff. The Mother ended up losing custody at the Reconsideration when the fact of her drug usage came out, which she ended up admitting on the stand. She started throwing furniture and kicking over chairs at the decision!
Barbara Kirk: About ten years ago, when I still handled divorce cases in Philadelphia, I was hired by an older gentleman, about 70 years old, to finalize a divorce for him. Apparently this gentleman, that I will call “Joe,” had been married for a short time, but separated for almost ten years. Needless to say, he had been the primary breadwinner in the family and his wife was a “domestic engineer.” By the time Joe retained me, he had an outstanding amount of arrears under a spousal support order to pay, and he just received notice of another support contempt hearing. Joe had apparently retired and never sought to reduce the spousal support order, nor did he ever make regular support payments. Joe had been to contempt court several times, and had spent a few nights in jail as a result of the contempt findings. When the contempt hearing date arrived, Joe was extremely nervous and frightened that he would again be found in contempt, and spend more time in jail. Luckily I was able to convince the infamous Judge Ida Chen that Joe would withdraw funds from his retirement account to pay the outstanding support balance, which helped delay any further contempt findings.
Fast forward to the present, and Mother and her then-boyfriend (who also was doing heroin with her at the time) have come clean, and tour the country giving speeches to other addicts. Mother now has a career paying her substantial money, all because a tough Judge, who was willing to reconsider his decision and admit his mistake, was able to make Mother feel enough pain that she was able to change her life.
While I struggled to work with Joe in getting the funds from his retirement accounts (needless to say Joe was not very organized with his paperwork), I also was able to contact the
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entertainment
Top 5 Comic Strip Rockers
4. Josey 2.
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5. Alvin
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3. The
Mystery Five (Scooby Doo)
Jimmy Thudpucker (Doonesbury)
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Video Deposition & Trial Presentation theWRITS
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Save the Date!
2016 Annu
al Bench Bar Conference • September • Grand
22, 23, 24, 2016
Cascade Lodge
• Hamburg,
New Jersey
• Bucks
County Bar Association
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community Dependency court is a stressful place to be, no matter what your reason is for being there. It’s stressful for the parents, the attorneys, the court staff, and especially for the children. However, a new method to deplete that stress and tension has been created and it involves therapy dogs. The dogs come to dependency court, along with their human team member, and the adults, but especially the children, are all given the opportunity to pet the dog. It is amazing to watch the smiles and tension decrease with just a few pets of a dog’s fur.
County dependency court program has spurred 37 other counties in Pennsylvania to create similar programs in dependency court, family court, and even criminal court. The dependency court program started over five years ago at the request of Judge Robert Mellon, who believed therapy dogs could benefit the children who are forced into the chaos of dependency court. Phone calls were made, a meeting was set up and, shortly thereafter, therapy dogs were at dependency court. The benefit of therapy dogs is proven through scientific research. The research shows that blood pressure goes down and people become less stressed when they simply pet a dog. These positive side affects can occur after interacting with a dog for only five minutes. In the stress of dependency court, five minutes spent petting a dog makes a huge difference in a child’s mood.
The dogs are part of a program called Roxy Reading Therapy Dogs (RRTD). RRTD is a therapy dog organization whose mission is to provide comfort to children and to enhance the experience of learning. It began ten years ago with just one dog visiting a learning support class at a Central Bucks elementary school. The thought was that having a dog present while children were reading aloud would calm them and make them better readers. The experiment was such a great success that it still continues today and led to the creation of the Bucks County dependency court program, which is the first of its kind in Pennsylvania. The success of the Bucks
The way the program works is that one team (human and dog) come to dependency court and divide their time in order for everyone present to have a visit with the dog. If the children are going to testify or speak to the judge, the dog can accompany them to make them more comfortable. The total length of time for these visits is one hour, as a longer period of time is considered too taxing for the dogs.
Woof, Woof: A Comforting Sound – By Melania Wender –
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Today, RRTD courthouse programs have over 30 therapy dogs, of differing breeds and sizes. One day, a miniature poodle might be outside the courtroom and the next day it might be a large Newfoundland. These dogs and their human partners have passed the Canine Good Citizen Test and the Therapy Dog Certification Test, and are therefore well prepared to interact with the children in these environments. The work that RRTD does in the court system has been amazing. Parents, foster parents, guardians, attorneys, court staff and, most importantly, the children have expressed a great deal of appreciation for the visits with the dog. The dogs provide a calming and relaxing presence in an environment that many find chaotic. RRTD is a non-profit, donation dependent organization. If you would like to donate to this organization, please go to their website at www.roxyreading.org and click on donate. RRTD is also a volunteer based organization. If you are interested in volunteering, you should go to the RRTD website and click on volunteer. Owning a dog is not a requirement to be a volunteer.
The positive affects of this program have been overwhelming. For example, a little girl was too traumatized to speak with the judge, but with the help of the therapy dog, she found the strength to answer the judge’s questions. There was a teenager who was unwilling to answer any questions. However, while petting the therapy dog, the teenager broke down and revealed critical information about her situation. The calming effect these therapy dogs have on children has provided judges with critical information, necessary to the decision making process.
The Fegley Law Firm is pleased to announce
Paul J. Mallis, Esq.
Roxy Reading Therapy Dogs also has a program with the Bucks County District Attorneys Office. When minor victims of violent crimes have to confront their abusers, it is incredibly stressful and scary. The therapy dogs provide necessary comfort and support to these victims. The Minor Victims of Violent Crimes program is made up of experienced on-call teams who support child victims anytime they must report to court to confront their abusers. However, unlike the Dependency Court program, the RRTD teams do not accompany the children into the courtroom.
has joined the firm as an Associate.
A graduate of the Thomas M. Cooley Law School at Western Michigan University, Mr. Mallis served Bucks County as an Asst. District Attorney since December 2014. Mr. Mallis will enable the Firm to expand its practice and offer representation in DUI and misdemeanor cases. Mr. Mallis will also assist with the Firm’s personal injury and employment clientele.
“The thought was that having a dog present while children were reading aloud would calm them and make them better readers.”
Yardley, PA • Hamilton Square, NJ
www.fegleylaw.com • (215) 493-8287
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community Following law school graduation, he served as judicial clerk for the Honorable William Yohn, prior to the latter›s ascension to the federal bench. From there, Steve’s career became quite varied. Hired by the Montgomery County District Attorney, he spent three years in that office originally working for District Attorney (later Judge) Joseph Smyth. After going to work as associate (and then partner) at a Montgomery County law firm managed by William J. Furber (now President Judge of Montgomery County), Steve did some civil work. However, he more often seemed to gravitate toward criminal defense.
Lunch With Steve Heckman – By Rick Howard –
Following his years at Public Defender’s office, Steve returned to private practice with his friend Harold Borek (now retired District Magisterial Judge). Following an unsuccessful run for Montgomery County judge, Steve began to look for a different trajectory. Given his strong prior administrative experience as Chief Public Defender, Steve’s colleague Doug Praul encouraged his application for the position of court administrator. In his view it seemed the perfect fit. The Bucks County Judges, including President Judge Jeffrey Finley, may have reached a similar conclusion, as Steve was hired for the position.
When first tasked by the Writs Editor to write an article introducing our new Court Administrator, it felt like an offer I couldn’t turn down. These past two months, I had met and spent time with Stephen G. Heckman, (he prefers Steve) while planning an updated CLE Seminar on our local rules. (Circumstances including a meeting with the commissioners intervened to call him away for the CLE presentation.)
For our interview, Steve (who assumed the role as Doug Praul’s successor in April) agreed to meet me for “brown bag lunch in his office.” Steve greeted me warmly, and dutifully supplied a copy of his resume. Visible on the office wall is a framed, matted autographed collage of the 1950 Phillies Whiz Kids team. Steve is an avid baseball fan. Originally from Pottsville, PA (home of famed Yuengling Brewery), Steve studied as a psychology major at Penn State. And yes he is a Nittany Lions fan.
Beginning in April, Steve began commuting from his Ambler area home to a new destination at the Bucks County Justice Center. Having now spent the past four months integrating into the Bucks County system, Steve has become impressed with what he describes as the county which others want to emulate. Steve’s duties as court administrator are wide and varied. His responsibilities include oversight of different departments ranging from Adult Probation to Fiscal, from Jury Selection to Minor Judiciary, During this initial period, Steve has by necessity laid groundwork for professional relationships with various department heads. Importantly he has worked hard to develop a solid rapport and earn the trust of the Bucks County judges (even breaking away during our interview to take a call from the President Judge).
He chose to attend a law school. He became interested after having seen the movie “The Paper Chase.” Steve jokingly referred to his favorite line from the film,“Call your mother and tell her there is serious doubt about you ever becoming a lawyer.” At Temple Law (before it was named Beasley), Steve worked hard, survived getting mugged in the larger city, and achieved his juris doctorate degree.
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Ultimately going to work for the Montgomery County Public Defender, Steve recalls having tried a capital murder case. That experience, in a case which was eye-opening and high profile, caused him to learn much about himself. Defending a case of life-and-death created, for Steve, new appreciation for the hard work and difficulties of criminal defense attorneys and practitioners in representing their clients. It also served to underscore the importance of relating to juries.
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Steve’s call to action is to improve the level of services offered by the county, and to assure his own contribution toward that goal. Of course, he must do so mindful that as a public servant the wishes and constraints of the taxpayers, are embodied through elected public officials. He presents with a level of quiet determination. Regarding his background, Steve says people will half kiddingly remind him, “This is not Montgomery County.” Steve sometimes (half kiddingly himself) in return reminds, “the way we›ve always done is not always perfect or the better way.“ However, he has fully adopted Bucks County, and wants to work to make it the “gold standard” among county governments.
ATTORNEY DISCIPLINARY AND ETHICS MATTERS STATEWIDE PENNSYLVANIA MATTERS NO CHARGE FOR INITIAL CONSULTATION
Representation, consultation and expert testimony in Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct bar admissions and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Concerning what he would like to see from lawyers, Steve asks that lawyers treat others with civility, and represent clients diligently. He urges against efforts of using the system or the rules to frustrate. It is his view that judges of this county seem to frown on such tactics and with good reason. Good faith efforts to have disputes determined justly, and based on merit, is what lawyers should strive for in utilizing the rules and our system.
“Concerning what he would like to see from lawyers, Steve asks that lawyers treat others with civility, and represent clients diligently.”
Chairman, Judicial Conduct Board of Pennsylvania •• Vice Chairman, Judicial Conduct Board of Pennsylvania Former Chairman, Disciplinary Board of the Supreme •• Former Chairman, Disciplinary Board of the Supreme Court of Pennsylvania Court of Pennsylvania Former Chairman, Continuing Legal Education Board •• Former Chairman, Continuing Legal Education Board of the Supreme Court of Pennsylvania of the Supreme Court of Pennsylvania Former Chairman, Supreme Court of Pennsylvania •• Former Chairman, Supreme Court of Pennsylvania Interest on Lawyers Trust Account Board Interest on Lawyers Trust Account Board Former Federal Prosecutor •• Former Federal Prosecutor Selected by his peers as one of the top 100 Super Lawyers •• Selected by his peers as one of the top 100 Super Lawyers in PA and the top 100 Super Lawyers in Philadelphia in PA and the top 100 Super Lawyers in Philadelphia Named by his peers as Best America 2015 •• Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year,” and in Plaintiffs and Defendants and Defendants “Lawyer of the Year,” and in Legal Malpractice Law Legal Malpractice Law 1818Market Market Street, 29th•Floor • Philadelphia, PA751-2863 19103 1818 Street, 29th Floor Philadelphia, PA 19103 • (215) (215) 751-2863
Steve also describes his colleagues, Steve Watson and Rhona Nagelberg, as excellent, always wanting help answering legitimate and well-thought questions. He asks that lawyers refresh themselves on the rules. From his days as a practicing lawyer including those of Public Defender, he recalls too well how counsel are under pressure from clients and the rules of the profession. As to his personal life, Steve is married to Patricia Zaffarano, the Magisterial District Justice for Upper Dublin. Without her, he says, I would “likely have been lost” these past 28 years. When asked how his wife feels about his new position, Steve describes her as “very happy.” Each obviously enjoy strong dedication to public service. Steve looks forward to meeting many members of the bar in the future, and to serving the county for years to come. He may consider presenting a seminar on various court related subjects later this year (at a time less likely to get called away). He says his door is open for honest discussion. He may even offer to show you his Phillies “Whiz Kids” photo collage while discussing your question, concept or issue. Steve McCurry (b. 1950), Women at Shoe Store, Kabul, Afghanistan, 1992, Archival pigment print, 40 x 60 inches, Courtesy of Steve McCurry. Steve McCurry (b. 1950), Women at Shoe Store, Kabul, Afghanistan, 1992, Archival pigment print, 40 x 60 inches, Courtesy of Steve McCurry.
We wish Steve great success as Court administrator in the current year, and for many to come! 27
SUMmer 2016
community
Pro Bono Honor Roll
F Robert E. Faber Scott Feldman Elizabeth Fineman Marianne Flood Jeffrey Fournier Georgeann Fusco
January 1, Through June 30, 2016 The below listed names represent attorneys who have either provided financial assistance to Legal Aid or pro bono representation for the period January 1, 2016 through June 30, 2016. As always, I continue to be amazed at the generosity of the attorneys in Bucks County. A heartfelt Thank You to all of you for your efforts. Without your support Legal Aid could not continue to provide high quality legal assistance to those in need in our community. ďƒŁ
A Richard Abramson Joseph M. Adams Anita Alberts Hugh Algeo Judith Algeo William Antheil Wendy Ashby B Mitchelle Baylarian Christine Benedum William Benner Michael Betts Keith Bidlingmaier Thomas Blackburn Albert Blackman Ronald Bolig William Bolla Melissa Bond Denise Bowman Kevin Bradway H. Jeffrey Brahin Brenden Brett D. Keith Brown Meredith Buck Julianna Burdo C Brendan Callahan Kathryn Carlson Maureen B. Carlton David P. Caro Jasper Caro
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G Jeffrey P. Garton Mitchell B. Gerson Martin Ghen Noah M. Gladstone Lynelle Gleason Elissa Goldberg Joshua Goldblum William L. Goldman, Jr. William L. Goldman, Sr. David F. Gould Allan D. Goulding Geoffrey Graham Thomas B. Grier Barry L. Gross William Gross Kyong Growney E. Garrett Gummer, III Robert W. Gundlach
G. Michael Carr Stephen Carr William Casey Tracy Cassell-Brophy Robert M. Castagna Christine Cattani Catherine Cavella Dale Caya David Chandler Christopher Chandor Jahn Chesnov Peter J. Classetti Ernest R. Closser James H. Cole John J. Collins John Cook Wayne N. Cordes Brian Coverdale
H Kevin Hand Kenneth G. Harrison Judy Hayman Rodney D. Henry Jack Hetherington Gregory S. Hill Neil Hoffman James J. Hollawell
D Richard Danese Henry Dantzig, Jr. Robert DeBias Gary Deck Francis X. Dillon Michael Doneson Henry A. Dorian Jeffrey Drake William Dudeck Timothy Duffy
I Dean Ibrahim Richard F. Irwin J Jamie Jamison Gregory Javardian Colin Jenei David J. Juall
E D. Rodman Eastburn Susan Eisenberg Ronald H. Elgard
K Michael Kaliner John Kalinkos 28
Shannon Kanavy Ellis H. Katz Robert Katzenstein Daniel M. Keane Christopher P. Kelly Michael P. Kelly Richard S. Kempes Dermot Kennedy Erin Kernan Martin J. King Barbara M. Kirk Stephen H. Kitty Michael Klimpl Gretchen S. Kolb Michael Kracht Arthur Krevitz L Gavin Laboski Michael A. Lashner Gregory Lawton Josephine Lee Larry Lefkowitz Nicholas Leonard Jeffrey Liebmann Kerry Litt Kimberly D. Litzke Joseph S. Lukomski M William T. MacMinn Diane C. Magee Amanda Malamud Douglas C. Maloney Robert Mancini Anthony A. Mandio Matthew P. Mann Joseph Marinaro Don F. Marshall Patricia Mayer Tina Mazaheri Marybeth McCabe George McCarthy Joseph A. McGinley Pamela McGrath Donna McKillop Diane Mellot Kristine Michael Leslie A. Mitnick Karen Model William Moore
Charles Morrone Julia Morrow Robert B. Murray N H. Peter Nelson O Carin O’Donnell Elliot Mark Olen Richard Osterhout P Dawn Padanyi Paul Perstein Joseph W. Pizzo Catherine Ann Porter Jessica Pritchard R David Ray Tami Reichley Lawrence A. Reinfeld Robert Repko Jill Richter Stefan Richter Marc Rickles Jason Rubinstein Jonathan Russell Jen Ryan S Arthur R. Sagoskin Walter Salerno Robert Salzer J. Todd Savarese John N. Schaeffer Daniel Schwartz S. Curtis Seifert Christopher Serpico Carol Shelly Michael Shelton Linda Shick Chris Little Simcox Arlene Simolike Zack Sivertsen Michelle Skole Ronald J. Smolow Mindy Snyder Jessica Socienski Holly K. Soffer
David J. Sowerbutts Francis X. Stecklair Joel Steinman Michael J. Sternberg Chris Steward Francis J. Sullivan James W. Sutton
Thank You!
T Adam Tanker Michael Terkanian Peter S. Thompson Sharon Gilbert Timm Eric Tobin Jeffrey Toner Julia Toner John A. Torrente Samuel Totaro Jeffrey Trauger Jill Trayer
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.
V
Yardley, PA • Hamilton Square, NJ
Jessica VanderKam Justin van Dyke Joseph D. Visco
www.fegleylaw.com • (215) 493-8287 *On List of Arbitrators and Mediators Approved by the Bucks County Bar Association.
W Seth Weber Sara Webster Marc E. Weinstein Melanie Wender Randall S. White Robert C. Whitley Edward M. Wild Keith Williams Kenneth Williams Peter M. Williams Shari Williams Donald Williford Edvard Wilson David Woosley Y Jordan Yeager J. David Yockey Andrew Young Z Darrell M. Zaslow
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SUMmer 2016
technology
bucksbar.org Update – By Deb Donahue, Web Specialist, BCBA – I joined the Bucks County Bar Association seven months ago. I have extensive knowledge administering websites, updating content, and managing web-related projects, having worked over seven years with a web agency in Newtown, PA. Prior to that experience, I was a Web Manager at Johnson & Johnson, managing projects, websites, and a team of onsite and offshore developers. I’ve been working within Information Technology for almost 30 years.
Forums and Blogs, and will be reaching out to the other Committees and Sections in the near future to start incorporating these features. Member Services and Family Law have already started using them.
“The BCBA is interested in getting their website and membership profiles updated with the latest details, profile pictures, and new information.”
But enough about me...the BCBA is interested in getting their website and membership profiles updated with the latest details, profile pictures, and new information, and that’s where I come in. Just last month I sent out an email to all of the BCBA members asking them to forward me their “headshot” so I can add it to their profile. We received over 200 replies! But, with over 800 members we are still hoping to receive about 500 more photos. There is no cost to do this, and all a member has to do is send his or her photo to my email address at deb@bucksbar.org. A link to your photo on your law firm’s website would be perfect.
I’m also looking for new Lawyer Referral and Information Software since the version we are using is outdated and no longer supported. There are not many companies who provide online versions of LRIS, or they are very costly, and that is what I am researching. We may have the software custom-made for the BCBA if that is the most cost-effective method to achieve our goals. Another area I’m investigating is providing a mobile-friendly version of the website, or at least portions of the website to be used on smart phones, such as the events.
Another area I’m helping with is “Frequently Asked Questions” (FAQs) for the website and the membership software called “Your Membership” (YM). I’ve created many FAQs and posted them on the site, as well as adding information to “Deb’s Corner” in the Law Reporter each week. The majority of this information is regarding the use of YM, and is available online for members.
If you have any questions about the information I’ve posted on the website or in the Law Reporter, or if you’d like me to include something you’re struggling with, please email me! I’d be very happy to investigate any concerns with the website or the YM program. deb@bucksbar.org
In March, I held a lunch ‘n learn for the members to review how to use YM. I’ve been working more recently with
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