New Matter 4th Quarter 2025 by Hoffmann Publishing Group

New Matter

CCBA Officers

James D. Doyle, President

Curt Norcini, Vice President

Robert Burke, Treasurer

Maria Janoski, Secretary

New Matter Committee

Charles T. DeTulleo, Editor Emeritus

Maria Janoski, Editor

Rami Bishay

Mark Blank, Jr.

Jonathan R. Long

Shannon McDonald

Catelyn McDonough

John McKenna

Mary Wade Myers

Sara Planthaber

Karyn L. Seace

Scott Slomowitz

Virginia Swiatek

Bill Wilson

CCBA Staff

Greg Nardi Executive Director

Melissa Willson Communications, Events, and Marketing Manager

The Chester County Bar Association’s quarterly publication, New Matter, has been provided to Bar Association members for four decades.

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

opinions expressed in this material are for general information only and are not intended to provide specific legal or other advice or recommendations for any individuals. The placement of paid advertisements does not imply endorsement by the Chester County Bar Association.

FEATURES

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

PUBLISHER: Hoffmann Publishing Group 2669 Shillington Road, Box #438, Sinking Spring, PA 19608 610.685.0914 x715 hoffmannpublishing.com

Looking Back and Looking Ahead

James D. Doyle, Esquire President Chester County Bar Association

It is hard to believe that another year has come and gone, and that my term as President of the Chester County Bar Association is drawing to a close. Serving as your President has been one of the greatest honors of my professional career, and I am profoundly grateful for the trust and confidence the membership placed in me.

Over the past year, our Association has once again proven why it is regarded as one of the finest bar associations in the Commonwealth. From the success of our Bench Bar Conferences to the many continuing legal education programs, networking events and community initiatives, it has been inspiring to see the enthusiasm and dedication of our members. Whether in the courtroom, the boardroom or in service to the community, our members continually demonstrate that the Chester County Bar Association stands as a model of excellence. It is, in my humble opinion, the best part of being an attorney in Chester County.

This year has also been marked by several meaningful accomplishments that reflect both the generosity and the professionalism of our membership. One of the most significant was the Chester County Bar Foundation’s award of $138,000 in grants to support community-facing programs throughout the county. These funds will advance access to justice and strengthen organizations serving our neighbors in need. My sincere thanks to Foundation President, Don Lynn, whose leadership ensured the Foundation’s continued success.

Another personal highlight was the privilege of delivering remarks on three occasions to new U.S. citizens during Naturalization Ceremonies held at the Justice Center, most recently on November 7th. It is a profoundly humbling experience to witness individuals from across the globe, each with their own story and background, come together in pursuit of the same unified goal of becoming citizens of the United States.

I am equally proud of the Board’s recent approval of the Home Legacy Project, a partnership with the Housing Partnership of Chester County, through which qualifying first-time homebuyers will receive pro bono estate planning services to help preserve family homeownership across generations. This initiative, like our Wills for Heroes program, offers a tangible way for our members to use their skills to make a direct and lasting difference in people’s lives.

None of this would have been possible without the dedication and hard work of our extraordinary staff. I extend my heartfelt thanks to Executive Director Greg Nardi, whose steady leadership ensures that every program and event is thoughtfully executed. I am deeply grateful as well to Genya Cunningham, Lauren Shea, Melissa Willson, Meredith Barr and Becky Yepremian, all of whom work tirelessly behind the scenes throughout the year to make our efforts look effortless and my job infinitely easier. A special word of thanks also goes out to my Executive Committee—Curt Norcini, Bob Burke, Maria Janoski, and Lauren Nehra—for all of the support and extra hours put in.

I also want to thank my partners and colleagues at Gawthrop Greenwood for their support and encouragement throughout my tenure. I am especially grateful to my legal assistant, Melissa Wioskowski, whose organization and attention to detail kept me on schedule and focused through even the busiest of weeks.

Most importantly, I owe a deep debt of gratitude to my family, especially my wife, Jacqueline, for their love, patience and understanding during what has been an incredibly busy but rewarding year. Their support sustained me through the many evenings and weekends spent in service to the Association.

As I look ahead, I do so with complete confidence in the capable leadership of our incoming President, Curt Norcini. The Chester County Bar Association is well-positioned for continued growth and success, and I am certain that the coming year will bring new opportunities for engagement, service and connection. I hope you will join us for the CCBA’s Annual Meeting on December 4th in Courtroom 1 of the Justice Center.

To all our members, I extend my sincere wishes for a joyful holiday season and a peaceful, healthy and prosperous New Year. Thank you, and God bless.

Very truly yours,

James D. Doyle President, Chester County Bar Association

For every attorney working at Legal Aid of Southeastern PA (LASP), there are 4,130 individuals living in poverty in its service area of Chester, Bucks, Delaware and Montgomery Counties.

Nationally, the justice gap means that low-income Americans did not receive any or enough legal help for 92% of their civil legal problems.1

Whether you support legal aid by providing pro bono service, a financial donation, or both, your contribution has never been more important.

VOLUNTEERING

The legal process works best when there is balance and equal representation on both sides. The adversarial legal process is a powerful engine to achieve truth and justice. But it only works when everyone can access it.

Thus, one of the ways attorneys and emeritus attorneys can ensure fair and equal access is by providing pro bono service through LASP or the Chester County Bar Association Access to Justice program.

SHARING TALENT & TREASURE: Ensuring access to justice

by Catherine Voit, Esquire, & Christin Kubacke, Esquire

At LASP, Staff Attorney and Chester County Pro Bono Coordinator Brian Doyle works one-on-one with volunteers to tailor their pro bono efforts in a way that meets their interests. For example, pro bono attorneys can share their expertise by directly representing a client or assisting staff in the office. In recent years, volunteer attorneys also have provided CLE trainings for LASP staff and groups such as GrandFamily Connections. LASP’s Chester County office also works with volunteers who are law students, undergraduate social work students and paralegals.

As part of LASP’s annual Chester County Mobile Home Tax Reassessment Project with Chester County United Way, law students and undergraduate students handle many of the initial steps by helping clients fill out the paperwork necessary to file the appeal, attending outreach

1The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans [Report]. Legal Services Corporation. 2022. Prepared by Mary C. Slosar, Slosar Research LLC. https://justicegap.lsc.gov

From left: Brian Doyle, LASP Staff Attorney; Christin Kubacke, Partner at Morton & Kubacke Family Law LLC, pro bono volunteer & LASP Board Secretary; and Sandra Ortiz, LASP Paralegal & West Chester Office Manager.

events, and then filing the appeals. A pro bono attorney joins LASP’s legal team to bring the appeals before the Chester County Board of Assessment at an annual hearing.

The CCBA Access to Justice Program offers another way to provide pro bono service for those in need. This includes simple wills, powers of attorneys, living wills bankruptcy (Chapter 7 only), landlord-tenant, elder law, custody and visitation, no asset divorce, small estates, and miscellaneous cases at the discretion of CCBA. Pro bono attorneys can handle cases for which LASP has a conflict, such as Protection from Abuse (PFAs) and custody.

When you volunteer, someone with a critical legal issue can receive legal advice, navigate complex legal systems, and potentially have vital direct representation in court. Volunteering can determine whether someone can stay in their home, can afford groceries that week, can sleep knowing they are safe, and more.

Whether providing direct legal representation, legal advice, or a training, your efforts help Chester County residents navigate critical legal challenges. Together, we can work to close the justice gap.

IMPORTANCE OF FINANCIAL SUPPORT

The current uncertainty with federal funding puts at risk LASP’s ability to plan and continue services without interruption. When government funding is unpredictable, the financial support of attorneys, law firms and other supporters makes all the difference. Each contribution strengthens LASP’s ability to stand with vulnerable neighbors, ensuring they receive fair treatment and equal access to justice. By giving now or by Jan. 15, you allow LASP to continue to meet the high demand for legal aid uninterrupted. LASP’s legal services need to remain available to those who face life-altering issues but cannot afford or safely access an attorney’s help.

LASP depends on the generosity of attorneys, law firms and other volunteers and supporters to sustain and grow services to meet the rising needs of the community.

Please consider making the most generous gift you can. Your support will directly help a neighbor in need of civil legal aid.

HOW TO VOLUNTEER OR DONATE

To volunteer with LASP: contact Brian Doyle, Staff Attorney, at bdoyle@lasp.org or 484-416-4259 x5210, or visit lasp.org/pro-bono.

To volunteer through the Access to Justice program: contact CCBA or vist chescobar.org/?pg=AccesstoJustice.

To learn about Pennsylvania’s Emeritus Attorney Program: https://www.paprobono.net/news/article.807668Emeritus_Status_Available_for_Retired_Attorneys_ Interested_in_Pro_Bono_Serv.

To make a gift to LASP: https://bit.ly/LegalAidHelps or lasp.org/ways-to-give.

ABOUT THE AUTHORS

Catherine Voit and Christin Kubacke both serve on the Legal Aid of Southeastern PA Board of Directors. Catherine was Board President from 2022-24, and Christin is current Board Secretary. They also volunteer on the CCBA Pro Bono Committee.

The Pennsylvania code states, “The rights and responsibilities of individuals and organizations in the United States are increasingly defined in legal terms. As a consequence, legal assistance in coping with the web of statutes, rules and regulations is imperative for persons of modest and limited means, as well as for the relatively well-to-do.” (Comment 2)

Rule 6.1. Voluntary Pro Bono Publico Service

A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations, by service in activities for improving the law, the legal system or the legal profession, and by financial support for organizations that provide legal services to persons of limited means.

https://www.pacodeandbulletin.gov/Display/ pacode?file=/secure/pacode/data/204/chapter81/ s6.1.html

How to Grow More Law Firm Referrals: Marketing and Networking Tips

By Catherine Brock

Catherine Brock is a Content Writer for 8am™, the trusted solutions provider for legal professionals ready to simplify operations, ensure compliance, and deliver world-class outcomes for clients.

Interested in boosting your firm's new business pipeline quickly without overspending on ads? Referral marketing is the answer. With a little know-how, you can maximize referrals from clients and other professionals. Read on for key referral marketing strategies and tips for managing referrals effectively.

How Can I Increase My Law Firm’s Referrals?

A referral is a lawyer recommendation made by a client or another professional. Current and former clients can refer friends and family if they’ve had a good experience. Other lawyers may refer cases when your practice area is suitable and they respect your work.

Referrals depend on trust in your expertise and service. Building that reputation is the foundation of referral marketing.

Tips for Small Firms and Solo Practitioners

If you run a small firm or solo practice, focus on personalization, administrative support, and networking.

1. Client personalization. Differentiate by learning about clients beyond their cases. Ask about family and major life events. Clients will remember your efforts.

2. Administrative support. An administrative assistant can handle routine tasks so you can focus on clients. They can also manage thank-you notes and help with outreach.

3. Networking. Build your lawyer referral network at community events such as chamber of commerce meetings, nonprofit fundraisers, or mentoring programs.

Tips for Mid-Size and Large Firms

Larger firms also need referrals but benefit from broader reputations and bigger client bases. Focus on:

1. Optimizing the client experience. Legal software can streamline payments and client portals.

2. Hiring a marketing firm. Outsourcing can keep lawyers focused on client service.

3. Leveraging relationships. Use existing connections to keep your referral pipeline active.

Nurture relationships with colleagues and former clients so they remember to send referrals your way.

Marketing Strategies to Build New Leads

Top-of-mind awareness (TOMA) means your firm is the first that people think of in your practice area. Strengthening TOMA generates more referrals over time.

Stay active with colleagues and clients through social media, email, promotions, and structured outreach.

Utilize Social Media

An active social media presence keeps your firm in contact with its followers. Plan content that reinforces your firm’s reputation. Share useful legal information, client testimonials, and information about local events and organizations the firm supports.

Build Email Campaigns

You can engage former clients with email campaigns that share valuable information. Consider what questions clients may have after their case has been resolved, or what

decisions they may need to make. You can even create separate email campaigns for the different types of clients you serve.

Consider Promotions and Surveys

Promotions create news that former clients can share with friends and family. Satisfaction surveys engage former clients while collecting valuable feedback on what your firm is doing well, areas where improvement is necessary, and how former clients perceive your firm’s brand.

Adopt a CRM System

Customer relationship management (CRM) systems collect, manage, and track leads, including referred leads. By using a CRM, you can automate lead follow-ups for higher conversions.

Four Tips for Inspiring Attorney Referrals

Giving is the key to creating inspiration that gets you more business. You can incorporate giving into your practice with the following four strategies.

1. Give referrals. Build networks with attorneys in related areas. Referrals you give are often returned.

2. Give contact information. Make it easy to share your details with digital and printed business cards.

3. Give superior service. A thoughtful client experience inspires recommendations.

4. Give gratitude. Thank those who share referrals, write reviews, or mention your firm online.

Enhance Referral Opportunities With 8am™ LawPay

A superior client experience can be the best law firm marketing initiative because it fuels referral momentum.

With 8am LawPay, firms can centralize invoicing, offer secure online payment options, and access real-time financial reporting. These features save time for lawyers and clients alike, supporting a smoother experience that naturally encourages referrals.

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2025 Fall Bench Bar Conference

Back in the pre-Covid days, now Past President Sam Cortes chose to branch out and head to the Borgata Hotel in Atlantic City, NJ for the 2020 Bench Bar Conference. Alas, history intervened, and he never got his chance, though he ended up saving a substantial amount of money at the craps table as a result.

This year, James Doyle was undaunted in his determination to do what Sam never could and the CCBA made its triumphant return to Atlantic City in more than a decade. I was pleased to see so many Past Presidents (and their spouses) at dinner on Wednesday evening at the Chart House Restaurant located on the marina. It was great catching up with everyone in a quieter and more intimate setting than the Conference typically permits.

As in years past, the YLD Quizzo on Thursday afternoon continues to be a juggernaut of fierce competition between members, and one of the most popular CLEs offered at the conference. I am grateful for USI’s support each year and the ethics CLE they offer to our members on Friday morning. This year, I was lucky enough to be invited to join our Executive Director, Greg Nardi, and Bucks County Past President, Jess Pritchard, Esquire, for Lessons of Lincoln for Today’s Leaders in the Law. I was gratified by the reception the program received from our members. Dan McKenrick hit home with his presentation on Leadership Lessons in Poker, all the more apropos in A.C. Lastly, on Saturday morning, the members formed table teams (shoutout to team “Jazz Hands”)

with one of our Common Pleas judges for a Kahoot Legal Trivia competition, followed by breakout sessions.

Great weather, combined with really good food, entertaining and relevant CLEs and an active and engaged membership made for an enjoyable conference. Many thanks to the Bench Bar Committee members, our wonderful CCBA staff, for all your work on the conference this year, and a very special thank you to all this year’s sponsors for continuing to support our organization. We look forward to seeing even more of you in Bedford Springs for next year’s conference September 24-26, 2026.

Patrick M. McKenna, Esquire Bench Bar Committee Chair

Mediation Done Right

Steve Lagoy, Esquire

• Pepperdine Law –Dispute Resolution Diplomate

• Martindale Hubbell AV-rated – 25 years

• Pennsylvania Super Lawyer (ADR) – 14 years

Moments of Reflection Gratitude, Guidance, Inspiration, and Renewal

IBy Greg Nardi CCBA Executive Director

n the midst of demanding careers and daily responsibilities, it’s easy to become consumed by what is urgent and overlook what is meaningful. Yet, taking intentional moments of reflection should not be a luxury—it should be seen as a necessity. These pauses allow us to step back from the busy schedule and noise, acknowledge what is going well, and reconnect with the deeper purpose behind our work.

Recently, our Bar Association participated in the annual Red Mass—a tradition rooted in the legal community’s shared commitment to justice and service. While I did not attend the mass, I did attend the reception afterwards and, in talking with those in attendance, noted the ideas laid out below in their conversations.

While religious in origin, the Red Mass offers a universal invitation: to reflect on our responsibilities, seek wisdom, and renew our dedication to the common good. It’s a reminder that regardless of any specific religious belief, we all benefit from moments that call us to pause, consider, and recommit. We often see ‘lawyer wellness’ programs that focus on mental and physical health. These are certainly incredibly important. We do not see as much focus on spiritual health. Whether one is religious or not, focusing on our spiritual nature allows us to connect to something

greater and be reminded that our presence, work, and impact have meaning greater than the sum of the day-to-day achievements. As I took a moment to reflect on this event and its meaning, a few things came to mind:

Gratitude is often the first gift of reflection. Even when challenges dominate our attention, there are always aspects of our lives and careers worth appreciating—colleagues who support us, progress made on a project or a case, or simply the opportunity to serve. Recognizing these positives does not ignore the hard parts. Rather, this recognition balances the tough times and offers perspective.

Reflection also provides guidance. When we slow down, we create space to consider our next steps with clarity. Whether facing a difficult decision or navigating a transition, quiet contemplation can shine a light on a path that we might not normally see. Those who integrate prayer or meditation on a regular basis know this already. It is in these moments that values like integrity, compassion, and justice—central to the legal profession—can reinforce or reassert themselves as guiding principles.

Inspiration and resilience are born from reflection and rest also. Especially for those who have weathered long, tiring years, these pauses can remind or rekindle a sense of purpose. They remind us why we began this journey and

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help us find strength for what lies ahead. Reflection renews our energy—not by adding more to our schedule but by reconnecting us to those ideas that matter most.

So, as I enjoyed listening to our members’ stories at the reception, I was reminded how incredibly grateful I am that I work with the best staff I could ask for. Incredibly talented, dedicated, and service oriented, I am inspired each day by what they do for our members, this community, and one another. I am inspired by the selfless service of our volunteers and leaders. From our Board members to our section and committee chairpersons to our CLE presenters, I am humbled and motivated each day by the time and talent that so many provide to this Association and our Foundation. In the spirit of the proverb “As iron sharpens iron, so one person sharpens another,” I draw strength and resilience from all of the great people in this community that are doing so much in the service of others.

In a world that rarely slows down, choosing to reflect can be challenging and perhaps can be seen as a quiet act of courage. It’s how we stay grounded, grow wiser, and continue forward— not just with momentum, but with meaning.

and a reputation for integrity

Stephen R. McDonnell Managing Partner

CCBA BAR TAB

New personal and professional updates

Attorney CATHERINE T. BEGLEY has joined BARLEY SNYDER She will be based out of the firm’s Malvern office.

Twenty-seven LAMB MCERLANE attorneys have been voted 2025 “Top Lawyers” of Chester County by Daily Local News Readers’ Choice.

Attorney CHRISTOPHER P. GERBER has joined LAMB MCERLANE PC as a Partner, bringing expertise in civil rights, labor, employment law, and municipal legal matters.

BUCKLEY, BRION, McGUIRE & MORRIS is pleased to announce that JORDYN PACE has joined the firm as an associate in its Governmental Department. Jordyn is a graduate of Villanova Law School and recently finished a one-year judicial clerkship with Judge Jeffrey S. Saltz in the Montgomery Court of Common Pleas.

The law firm GAWTHROP GREENWOOD, PC is pleased to announce that community association law attorney CONNOR J. THOMSON has joined the firm as an associate.

BUCKLEY, BRION, McGUIRE & MORRIS is pleased to announce that attorney MAC ALASAD-MURPHY has recently joined the firm. Mac is an associate in the firm’s Litigation Department and previously worked in Immigration and Criminal Defense.

YLD hosts trivia CLE at Fall Bench Bar!

What’s

an Endangerment Finding and Why Does EPA Propose to Reconsider the GHG Endangerment Finding?

IBy John R. Embick, Esquire

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

n 2009, the U.S. Environmental Protection Agency (“EPA”) determined that six greenhouse gases (“GHGs”) endangered public health and welfare. Those GHGs were: carbon dioxide, methane, nitrous oxide, hydroflurocarbons, perflurocarbons, and sulfur hexafluoride. This finding, known as an endangerment finding (“EF”), was made under the provisions of the federal Clean Air Act (“CAA”) and the determination was the legal foundation for the extensive federal regulatory program that controls emissions from motor vehicles and industrial sources of GHGs. Many scientists believe that GHGs are a significant contributor to climate change. The EF was controversial in 2009 and the controversy continues to the present, and many people, mostly nonscientists, believe that the notion of climate change is a hoax. In addition to the 2009 EF, EPA has issued at least 3 other EFs related to GHGs.

The EF was a product of an important U.S. Supreme Court (“SCOTUS”) decision in Massachusetts, et al.

v. EPA, et al., 549 U.S. 497 (2007). Massachusetts and several states had sued EPA arguing that EPA had wrongfully denied (in 2003) the states’ petition (filed in 1999) for a GHG EF under Section 202(a) of the CAA. EPA argued, among other things, that the states did not have the requisite standing to bring the challenge, and that EPA could not regulate GHGs because GHGs did not fit the definition of air pollutants in the CAA. In a 5 to 4 decision, authored by Justice John Paul Stevens (and joined by Justices Kennedy, Ginsburg, Souter and Breyer), SCOTUS held that Massachusetts had standing to appeal a denial of the petition seeking rulemaking, and specifically decided that the CAA’s definition of “air pollutant” provided sufficient authority to regulate GHGs. The major dissent, authored by Chief Justice Roberts (and joined by Justices Scalia, Alito, and Thomas), argued that the states lacked standing, and that the impact of domestic vehicle emissions on global climate change was uncertain. Justice Scalia’s separate dissent argued that the decision to regulate GHGs was a matter of policy, and that EPA had discretion to exercise its authority under the CAA. Justice Scalia ironically relied on the Chevron Doctrine (now rescinded—I wrote about the demise of the Chevron Doctrine in New Matter, Third Quarter, 2024) in arguing that SCOTUS should defer to the judgment of EPA.

Justice Scalia wrote:

The Court’s alarm over global warming may or may not be justified, but it ought not distort the outcome of this litigation. This is a straightforward administrative-law case, in which Congress has passed a malleable statute giving broad discretion, not to us but to an executive agency. No matter how important the underlying policy issues at stake, this Court has no business substituting its own desired outcome for the reasoned judgment of the responsible agency.

Massachusetts, at 560.

Since the 2009 EF, EPA has taken action to more intensively regulate GHGs. In 2002, however, in West Virginia v. EPA, SCOTUS ruled that EPA’s program to reduce emissions from electric generating facilities (mostly using coal for fuel) was subject to the “Major Decisions Doctrine,” which holds that major agency decisions which have profound economic, policy and political significance must be derived from clear congressional authority and not from a standard statutory deductive reasoning interpretation (I wrote about the Major Decisions Doctrine in New Matter, Third Quarter, 2022). In West Virginia, SCOTUS did not revoke the earlier ruling (in Massachusetts) that GHGs are air pollutants. Later in 2022, although not widely reported, in the Inflation Reduction Act, Congress amended the CAA to define carbon dioxide and other GHGs as air

pollutants. Accordingly, EPA’s power to regulate GHGs is now explicitly set forth in the statutory language. On July 29, 2025, EPA issued a proposed rule for reconsideration of the 2009 EF, and the rule was published at 90 F.R. 36288. The rule-making proposal revisits EPA’s authority to regulate GHGs, and seeks to reevaluate the scientific evidence that underpins the EF. Specifically, EPA now believes that it lacks authority to “prescribe emission standards to address global climate change concerns,” and asserts that the 2009 EF was not founded on solid evidence.

If anything, it seems to me that the scientific evidence supporting regulation of GHGs due to their contribution to climate change is stronger than it was in 2009. However, whether the CAA gave EPA the authority to regulate the emission of GHGs in the U.S. due to global climate change harms (which are contributed to by GHG emissions in other nations, and seemingly resolved by Massachusetts v. EPA) is an issue that looks like it will be teed up for another look by SCOTUS.

I think it is likely that the 2025 EF Rulemaking proposal will eventually arrive for a decision by SCOTUS, and, given the current composition of SCOTUS, the case may turn on either standing, or on Justice Scalia’s parting words about the exercise of agency discretion (notwithstanding the demise of the Chevron Doctrine).

The Rolex Rip Off: Caveat Emptor?

By Mark Blank, Jr., Esquire

During the last few years of his life, my father went on a spending spree. And during this time, he gave me a Rolex watch. I did not wear the watch until after Dad passed. Then I wore the watch on a daily alternate basis with a Citizens, another watch that he had given me.

Shortly after my father’s passing, the Rolex stopped running. I brought it to Benari Jewelers in Newtown Square (Benari is an exclusive Rolex dealer). I thought that maybe the watch required a simple adjustment, such as a battery, but that was not the case, at least so I was advised. They sent it to the Rolex factory. I was told that the watch needed an overhaul and it would cost $667 some dollars. I was amazed that this practically new $7,500 watch1 would require that much work in the way of repairs so soon after I had begun to wear it. But so be it.

Shortly thereafter, the overpriced watch2 went dead again. I took it to Benari and, once again, $650 plus.

For the third breakdown, I reluctantly returned to Benari. This time, I required an estimate in advance. I was willing to pay upwards of one hundred dollars (maybe two hundred dollars) to restore this good for nothing to its status quo ante.

A few weeks later, I received a call from Benari that the watch was ready for pickup and that the bill for repairs was $675. I nearly hit the roof. I emphatically reminded them that the agreement was for an estimate and that I never authorized these repairs. Okay, a mistake that should not have happened at any cost, let alone with a “luxury” item.

I demanded the immediate return of the watch. I advised them that they could keep it if they would pay me the fair market value. We settled with $200 for the repair, which, I assume, ate into Benari’s profit.

Well, guess what.

Yes, you got it; it stopped again. So, I took the watch to another Rolex dealer, this one in the King of Prussia Mall. I made it manifestly clear that I needed an estimate before I would authorize any repairs. This time I was provided with a copy of the work order, which read “Estimate: Authorization Required.” Zing! No, not went the strings of my heart.3 $1,250. All right; that’s it! I’ll scrap it.

Continued on page 22

1 I learned of this value when it had to be insured during the period of repair.

2 I would never have spent (nor would I currently or at any time in the future spend) $7,500 for a watch, regardless of its name brand and delightful appearance.

3 The Coasters, 1958, flip side of Yakety Yak.

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“Caveat emptor” or “Let the buyer beware.” Beware of what? The answer might appear in the present day Uniform Commercial Code, which has been adopted in every state.4 The UCC (Article 2) provides for four types of warranties as applies to the sale of goods and merchandise: (1) Warranty of title, 2-312; (2) Express warranty by affirmation, promise, description, sample, 2-313; (3) Implied warranty of merchantability, usage of trade, 2-314; and (4) Implied warranty of fitness for a particular purpose, 2-315.

Back to the Rolex. Caveat emptor? Or has there been a breach of one or more of the warranty provisions of the UCC? A $7,500 commodity with a big name which requires over $3,000 of repairs within its formative years? Oh, no; I did not abuse nor misuse it. In fact, I hardly had much of a chance to wear it between repairs and, when I wore it, I was careful and otherwise took good care of it. If this had been a car, it could be characterized as a lemon, which would justify a return in exchange for cash or a new vehicle and, if litigation should result, there could additionally be limited consequential damages, including costs and counsel fees.

See: 73 Pa.C.S.A. Sections 1951-1963.

Know what I think? (I’m sure that you do.) But if I had made a claim for breach of warranty, there would have been a myriad of problems, besides the usual which accompany litigation. Among them, the UCC warranty provisions extend to third parties, such as donees, only in limited circumstances.5 And what about privity of contract?6

I chose not to experiment with the various theories of liability and the potential defenses. In fact, it was not a choice, since I would never have even considered litigation. I was not angry, particularly since I did not purchase the watch but, nevertheless, I was irked by the whole thing.

Just as I was getting ready to throw the hunk of junk into the trash, we visited a local jeweler in Jenkintown (Montgomery County) while shopping in connection with our daughter’s wedding. Upon inquiry, the young man there7 advised that he had a buyer who would pay $4,000 for the Rolex. Meanwhile, another watch popped out of our home collectibles bin. I sort of liked this classy watch, but we were offered $3,000 for it from the same source. Would I pay the equivalent of $3,000 for a watch? Not bloody likely, especially since I had a remarkably dependable Citizens. Well, $4,000. This sum is analogous to an out of court settlement on the Rolex piece of ….; an accord and satisfaction, if you will.8 And a $3,000 bonus for a watch that may never have surfaced. As the great William Shakespeare would have said: all’s well that ends well. Thank you, Dad. It is the thought that counts. As for the less expensive watch without the equivalent name brand, the Citizens is a real gem. Thank you, Father.

Lesson to be learned: Caveat emptor is still alive, notwithstanding the Uniform Commercial Code. And if you are going to pay a fortune for a luxury, big name designer watch, watch out!

4 Louisiana assumed the Uniform Commercial Code in 1990 but has retained certain portions of its original Civil Code covering commercial transactions.

5 See: Article 2, Section 318.

6 See: Henningson v. Bloomfield Motors, 32 N.J. 358, 161 A.2d 69 (1960). Privity of contract probably would not be a major issue, since it is a doctrine derived from the common law and the UCC is statutory. But it would surely be raised as an issue.

7 This jeweler is a long time and well-established family business.

8 See: Restatement 2d Contracts, Section 281.

Across

3. The court, in secret

4. Tap out

5. Challenge requiring no explanation

8. Send back

10. Allowed

14. Famous “gloved” attorney

15. The money is gone

17. Home turf

15. The money is gone

17. Home turf

20. Court’s calendar, or what ships do

Down

1. Jury’s decision

2. Until proven guilty

6. Felony, lesser than

7. The court, anew

9. Law school entrance exam

11. Free speech amendment

12. What a defendant gets, or a string of words

13. _______ Channel

12. What a defendant gets, or a string of words

13. _______ Channel

16. One of two of 2025’s #1 ranked law schools

16. One of two of 2025’s #1 ranked

18. Civil wrong

16. One of two of 2025’s #1 ranked law schools

19. No jury

18. Civil wrong

19. No jury

YEAR-END GIVING: Turning Generosity into Legacy

The Chester County Community Foundation

As the calendar turns toward 2026, many of us pause to ask two questions: What am I grateful for? and How can I pay it forward?

The season of generosity is rooted in tradition, faith, and family, and it continues to shape our Chester County communities in powerful ways— through visits to the food bank, annual coat drives, “Adopt-a-Family” programs, and more.

The past year has been particularly challenging for Chester County’s nonprofits. They have worked tirelessly to serve the most vulnerable populations amidst an ever-changing political landscape, funding obstacles, and ongoing uncertainty. While many organizations would benefit from large year-end donations, the most impactful gift a client can make isn’t only about writing a check before December 31. It’s about planning, purpose, and the promise of legacy.

Beyond the Gift: Why Planning Matters

Many clients wish to leave something meaningful beyond their lifetime—a legacy that reflects their values and supports the causes they cherish most. The impulse is good, but without thoughtful guidance, well-intended gifts may miss the mark. That’s where the Chester County Community Foundation comes in.

By blending charitable expertise with knowledge of local needs, the Community Foundation ensures generosity is effective and impactful. We approach this through two levels of due diligence. First is compliance: confirming that a nonprofit is properly registered and in good legal standing. Second is performance: assessing whether the organization is delivering meaningful, measurable results.

Several free resources can help with this process. Charitynavigator.org offers ratings for more than 200,000 nonprofits, while guidestar.org by Candid provides detailed profiles of over 2 million organizations, including IRS 990 filings. These public documents reveal how funds are spent across programs, fundraising, and administration; whether conflict-ofinterest disclosures are updated; compensation for top leadership; and financial trends over time.

Due diligence is only part of the equation. It’s not just about whether a nonprofit files its forms correctly or balances its books, it’s about whether the organization aligns with the donor’s story, values, and hopes for the future. To illustrate smart giving, several Chester County Community Foundation partners who also serve as attorneys share their insights:

Human Side of Giving

“When clients talk about giving, they’re really talking about what matters most to them,” comments Jamison MacMain, Esq., of MacElree Harvey. “I have always encouraged clients to think about legacy in a broad sense—not only as financial planning, but as a way of preserving family values across generations. Individuals and families are able to create a fund at Chester County Community Foundation that is a wonderful tool to support the charities they care about most, both during their lifetime and for the future. The Community Foundation has been instrumental in making the process straightforward and flexible.”

Families at the Heart of Philanthropy

“I like clients to think about philanthropy as a family activity,” says Carrie A.S. Kennedy, Esq., Partner, at Connor Weber Oberlies. “When multiple generations participate—even children and grandchildren—the process becomes about teaching values, sharing stories, and creating traditions. It can spark meaningful discussions and strengthen family connections.

“Of course, family dynamics can be complex, and so can family philanthropy. That’s why the Community Foundation’s decades of experience guiding families is so valuable. As the year comes to a close, it’s a wonderful opportunity for families to gather, reflect, and take action. I find these traditions deeply meaningful, and I strive to help my clients discover that same sense of connection and impact through family philanthropy.”

Turning Values into Action

For Elizabeth Zwaan Milne, Esq., of Elizabeth Zwaan Milne, Esq., giving is both professional and personal. “My family established the Brian C. Zwaan Legacy Fund in 2017 to honor my father and his lifelong passion for education. He believed strongly that access to quality education could change the course of a person’s life, and we wanted to preserve that

legacy. What makes this fund so meaningful is that it’s not just our family involved—it’s a community effort. Friends, colleagues, neighbors, and former co-workers all come together to support the fund through events like the Brian Zwaan Golf Outing and other giving days and fundraisers. It’s a reminder of the wide circle of people touched by my father’s generosity and vision who continue to support that legacy.

“The Community Foundation helps us identify nonprofits and veterans organizations where our grants will have the greatest impact so we can give with confidence. This year, we awarded seven Philadelphiaarea nonprofits with a strong track record of supporting students and expanding educational opportunities. The Foundation makes the process seamless and effective, allowing us to focus on the joy of giving and the legacy we are carrying forward. I try to share this message with clients as well, so they know it’s not just about financial support—it’s about continuing my father’s story in a way that reflects his values and brings people together to strengthen OUR community.”

From Reflection to Impact

Year-end giving is more than a seasonal act of kindness. Done thoughtfully, it can build stronger communities, deepen family connections, and create a legacy that endures. As you guide clients through these conversations in 2026, consider how planning today can multiply generosity tomorrow. The Chester County Community Foundation stands ready to help donors and advisors transform generosity into lasting impact.

Visit www.chescocf.org to learn more about how the Chester County Community Foundation connects people who care with causes that matter, so their legacy makes a difference, Now & Forever

Chester County Community Foundation

Questions? Contact

Zebulun Davenport, EdD., Board Chair

Karen Simmons, President/CEO

Jason Arbacheski, CAP, Director of Gift Planning and Stewardship

28 W. Market St., The Lincoln Building West Chester, PA 19382

www.chescocf.org | 610.696.8211 | info@chescocf.org

SMART GIVING SMART GIVING

WHERE DO YOU LIVE?

I currently live in West Goshen Township, with my wife, Cindy, and our three dogs: Benson, Winston and Rosie.

WHAT WAS YOUR FIRST JOB?

My first job was painting radiators at my father’s auto radiator shop, in Devon.

WHAT WORD BEST DESCRIBES YOU? Dedicated.

WHERE WOULD WE FIND YOU ON A SATURDAY AFTERNOON?

Saturday is my catch-up day from the week. In the mornings, I usually cook and meal prep for the days ahead before heading to the gym. In the afternoons, I might go for a drive with Cindy—sometimes with no destination. Just the two of us exploring, which I really enjoy. Those rides have led us to discover beautiful parts of the county that I never knew existed. Other times, I keep it simple and just unwind on the couch with Netflix.

WHAT IS YOUR FAVORITE WAY TO SPEND YOUR FREE TIME?

I’ve always had a passion for physical fitness and with martial arts. Right now my focus is with Brazilian Jiu-Jitsu. If your goals involve personal growth, building self-confidence, improving physical fitness, and forming long- lasting friendships, I can’t recommend it highly enough.

WHAT IS YOUR GREATEST EXTRAVAGANCE? Probably my suits.

WHAT IS YOUR FAVORITE VACATION DESTINATION?

Puerto Vallarta, Mexico; Cindy and I have been visiting Mexico for over 25 years. I love the people and the culture.

WHAT IS YOUR FAVORITE FOOD? Steak.

WHO IS THE PERSON YOU ARE MOST INTERESTED IN MEETING?

If I could meet someone from the past, it would be Benjamin Franklin. If I had the chance to sit down with someone living, I think sharing a beer with Elon Musk would be fascinating.

WHAT WAS THE LAST BOOK YOU READ?

Shadows in the Jungle: The Alamo Scouts Behind the Lines in WWII.

WHAT IS YOUR FAVORITE TV SHOW?

Bizarre Foods with Andrew Zimmern. I also like to watch anything to do with Tiny Houses.

INITIAL CONSULT

C. Curtis Norcini, Esquire

WHAT GOALS DO YOU STILL HAVE THAT YOU HAVE NOT ACHIEVED YET?

I consider myself fortunate to have achieved some interesting things in life, and I thank God every day for that good fortune. Still, I have a few travel goals on my bucket list—one of the biggest being a trip to Italy to see the Colosseum. I’ve always been fascinated by Roman ingenuity and history, and experiencing it in person would mean far more to me than simply watching it on the History Channel.

WHAT IS A LITTLE-KNOWN FACT ABOUT YOU?

When I was at Radnor High School, my guidance counselors told me I would never make it into college and urged me to consider the military instead. At the time, I didn’t have the nerve to enlist—I was admittedly too much of a momma’s boy. Fortunately, with the encouragement of my parents and the support of my assistant principal, Mr. Fitzgerald, I decided to prove the counselors wrong and applied to West Chester University (although it was a state college at the time). I remain deeply grateful to my parents and to Mr. Fitzgerald for giving me the confidence to take that step.

WHAT IS YOUR FAVORITE WEBSITE?

The Daily Mail – UK. It is interesting to see another country’s take and viewpoint on events happening within our own.

WHAT WOULD YOU BE IF YOU WERE NOT A LAWYER?

I’ve always held a strong fascination with, and deep respect for, both the military and law enforcement, even though the chance to pursue either ultimately passed me by. Shortly after college, I had begun the interview process with the FBI when the opportunity to attend law school arose. As the saying goes, when one door closes, another opens—and I remain grateful for the path I chose. Even now, though my work as a criminal defense attorney often places me in an adversarial position against law enforcement, my respect and admiration for the work they do remains.

WHAT IS SOMETHING PEOPLE WOULD BE SURPRISED TO HEAR ABOUT YOU?

I was bullied well into my mid-teens, and for a long time it had a significant effect on my self-confidence. While I’ve since overcome those insecurities, the experience still shapes me today, but in a different way—I carry a strong sense of empathy for anyone who suffers through bullying. I believe that perspective has greatly influenced my path in martial arts and self-defense, where I not only train but I also teach..

WHAT IS YOUR FAVORITE THING ABOUT THE BAR ASSOCIATION? Without a doubt, the people.

Guiding Families Through Every Chapter of Change.

Clarity and counsel when the stakes are personal.

At MacElree Harvey, our Family Law attorneys help clients navigate life’s most personal transitions with clarity, compassion, and strategic insight. From marriage and adoption to custody, support, and divorce, we provide thoughtful guidance to protect what matters most your family.

2025 Brings New Opportunities for Families

A new federal law increasing the Child Tax Credit for children born in 2025 makes this the perfect time to review your family’s legal and financial plans. Our attorneys can help you ensure your custody, support, and estate documents reflect your growing family—and that your family is positioned to take advantage of the latest opportunities.