The Causeway
 
The Monthly Newsletter for the Franklin County Bar Association
  
February, 2016 
  
"The law is a causeway upon which, so long as he keeps to it, a citizen may walk safely."
Robert Bolt, playwright  
Swearing-In Ceremony 
 
President Judge Van Horn presided over the ceremony. Her words of advise quoted Socarates. "Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially." President Judge Van Horn added a few more based on her experience on the bench.

The Honorable Todd M. Sponseller was sworn in on January 4th. Courtroom One was filled to capacity. Many attendees stood in the back and sides of the Courtroom.

Judge Sponseller being sworn in

Judge Sponseller gives remarks

Commissioner David Keller was first elected Franklin County Commissioner in November 2007, and has served as Chairman of the Board of Commissioners since January 2010. 
Commissioner Keller (middle) taking his oath of iffice

District Attorney Matthew D. Fogal, who was appointed in 2009, was sworn in for his second full term in office.

DA Fogal (left) taking his oath of office


Timothy S. Sponseller is our newly elected Prothonotary. Mr. Sponseller wrote a letter to voters, which appeared in the December 1, 2015 edition of the Public Opinion.

"To the voters of Franklin County: Thank you for electing me prothonotary of Franklin County on Nov. 3. I deeply appreciate the trust you have placed in me and in that capacity, I pledge to conduct myself and operate the office in a fashion befitting our county and its citizens. Be assured that the office of prothonotary will be in capable hands, for, at the very least, the next four years."

Mr. Sponseller (middle right) taking the oath of office
 
FCBA Vice President Kristen Hamilton spoke on behalf of the Bar at the ceremony. She congratulated not only the successful candidates, but their families as well for the sacrifice and support they provided. Kristen also highlighted the long tradition of public service that the members of the Franklin County Bar Association have provided. Many of our members have service the community by holding public office over the years.

Kristen Hamilton congratulates the newly sworn in officials

ICYMI: Public Opinion's article about the ceremony


Jason Kutulakis   
 

Jason Kutulakis, of Abom & Kutulakis, LLP in Carlisle, has unexpectedly passed away over the weekend.  As we learn more about memorial services we will send the information to you.

There were several great articles published about Mr. Kutulakis' impact to the community.

Penn Live article

York Daily Record article 


Free PIRC Training  
 
Best Practices for Serving Immigrant Survivors in Rural Areas   

Tuesday, February 16, 2016  
10 a.m. - 12 p.m.
United Way Community Room
800 East King Street York, PA 17403
 
This two-hour training will be presented by representatives from the Pennsylvania Coalition Against Rape (PCAR) and the National Sexual Violence Resource Center (NSVRC). PCAR works to end sexual violence and advocates for the rights and needs of sexual assault victims by partnering with a network of rape crisis programs to bring help, hope and healing around issues of sexual violence to the Commonwealth of Pennsylvania. The NSVRC's mission is to provide leadership in preventing and responding to sexual violence through collaboration, sharing and creating resources, and promoting research.  The NSVRC coordinates a range of special projects that address building collaborative and culturally specific approaches to preventing and responding to sexual violence, including The Rural Training Project, which focuses on the unique resource, training and technical assistance needs of rural communities.

Register by email or by calling Sarah at 717-600-8099 ext 209

Click HERE for the training flyer 



Women's Club of the FCBA Decorates Courthouse Planters for IceFest  
 
2016 IceFest Decorating
 
    Thanks to Marty Walker and Barb Townsend for the lovely IceFest decorations now on the Courthouse Planters. This is what they looked like prior to the Blizzard of '16.

   

Friends of Legal Services Book Sale  
 


The Franklin County Friends of Legal Services group has set Monday, February 15, to kick off the book drive for its 32nd Annual Book Sale. The book drive will run through Monday, April 4. "Look for book donation boxes in stores, banks, and offices throughout the area starting on February 15," said Carolyn Carter, a volunteer with the organization. The exact locations will be announced, and posted at www.fcls.net , shortly before the book drive begins.
 
In the meantime, anyone with a large quantity of books to donate can make special arrangements by calling Franklin County Legal Services at (717) 262-2326 or by emailing gloria@fcls.net. The group solicits all types of books in good condition -- used and new, hardback and paperback -- and also artwork, CDs, DVDs, maps, sheet music, and books on tape.
 
The sale will take place on Mother's Day weekend, May 6-8, at Laird Hall on the Wilson College campus in Chambersburg. The sale will run from 9:00 AM to 9:00 PM on Friday, May 6, from 9:00 AM to 5:00 PM on Saturday, May 7, and from noon to 4:00 PM on Sunday, May 8. The group expects to offer over 60,000 books of all types at bargain prices, with a silent auction for artwork and rare books. Proceeds support the provision of civil legal services for low-income individuals in the community.
 
The organization is also seeking volunteers to help transport, sort, price, and box books, to help set up the sale and clean up afterwards, and to staff the sale. Anyone interested in volunteering should contact Gloria Keener at (717) 262-2326.

Gloria identified some specific volunteer needs: W e need someone to pick up books at the Food Lion on Lincoln Way West in Chambersburg from February 15-April 4. Also, we really need someone with a strong back who would be interested in working about once a week with one of our regular volunteers in the evening to stack boxes of books at our book warehouse. 


FCBA Membership Dues & Find a Lawyer Update  
 


As a reminder, your FCBA membership dues are due on February 29, 2016. Thank you to the 75 members who have already paid their dues!

As we head into our second year of offering the Find a Lawyer program to our members, we wanted to clarify and update the information you received with your 2016 dues invoice.

We will be removing attorneys from our website who signed up for 2015's Find a Lawyer listing on March 1, 2016 if they have not returned the required 2016 application, malpractice insurance certificate, and 2016 dues payment.

Your 2016 dues invoice has a payment due date of February 29, 2016. We have elected to extend the 2015 Find a Lawyer listings so our members can avoid an interruption to their listings.

All Franklin County Bar Association members in private practice who have paid their 2016 membership dues may have one free listing (area of practice) in the Find a Lawyer program. You may choose to have an additional 5 listings for a fee based on your years in practice.

To participate in the Find a Lawyer program for 2016 you must send all of the following to the Bar office by February 29, 2016:
  • Your 2016 dues payment
  • Your completed 2016 Find a Lawyer application
  • A copy of your Malpractice Insurance Certificate or declaration page. Each law firm should send 1 copy which will be kept on file for all the attorneys in your firm.
FAQs

If I signed up in 2015 do I need to sign up again in 2016?
Yes. Your 2015 listing will stay on our website until February 29th. Please return your 2016 application, malpractice insurance certificate, and 2016 dues to participate.

May I sign up after March 1st?
Yes. You may sign up at any time. However, you will not be listed in the website from March 1st until you sign up. If you have a 2015 listing there will be an interruption in your listing if you delay.

If I am only interested in the free listing do I need to return the paperwork?
Yes. Please return the 2016 Find a Lawyer application, malpractice insurance certificate, and 2016 dues payment to be included by February 29, 2016.

My office manager pays the invoices, what should I do?
Your office manager may send the 2016 Find a Lawyer application(s), malpractice insurance certificate, and 2016 dues all at one time, or separately - whatever works best for your office. We will hold your paperwork and complete your listing only when everything is received.

I didn't sign up in 2015 and want to sign up for 2016 what should I do?
Welcome to the program! Please return your 2016 Find a Lawyer application, malpractice insurance certificate, and 2016 dues to the FCBA office. Amelia will add you to the website once those are received.

I can't find my 2016 Find a Lawyer application, how do I sign up?
Please  CLICK HERE for a blank 2016 application.
 

Proposed Legal Services Tax Letter to Clients   
 

During the discussion, at the Annual Meeting, regarding the proposed tax on Legal Services several members expressed interest in sending a letter to their clients. This sample letter can be modified and sent to your clients. Educating your clients about the proposed tax is a great way to encourage non-attorney members of our community to contact our representatives.

Please CLICK HERE  for the sample letter. If you would prefer to receive the letter in Microsoft Word please contact Amelia Ambrose at director@franklinbar.org.


 


PBA Mock Trial Competition in Franklin County    
 

  
   "Broken promises" the Plaintiff's counsel proclaimed as she stood before the jury and made a tear in the parties' insurance contract. It was the Plaintiff, Lilienthal Insurance Company's position that it should not have to pay for the paralyzing injuries suffered by Stephen Yeager when Natural Habitat Preserve (NHP) employee Stacey Earhart flew an unmanned aerial system ("UAS" or "drone") that knocked Mr. Yeager off a horse. NHP broke its promise when it allowed Earhart to fly the drone after modifying it. She tore the contract again. NHP broke its promise when it allowed Earhart to fly the drone during a fox hunt and Earhart's personal disdain for Yeager led him to intentionally fly the drone over Yeager causing him to fall and suffer serious injuries. With a final tear, she split the contract in two and counsel's point was clear: promises were broken, the contract was violated, and the insurance company was not required to pay.
  
   So ended an opening round trial in the PBA's 2016 High School Mock Trial Competition. Two teams from local high schools competed in Courtroom 3 in the Franklin County Courthouse on the evening of January 28th . Each team consisted of six members: three students as attorneys and three as witnesses. Presiding over the trial was the Honorable Todd M. Sponseller. Members of the Young Lawyers Division including myself, Rosby Carr (Law Clerk to the Honorable Carol L. Van Horn), Brandon Copeland (MidPenn Legal Services), Shannon Barnett and Casey Bogner (Public Defender's Office), Krystal MacIntyre (DiLoreto, Cosentino & Bolinger, LLP) and Lam Truong (Franklin County Legal Services) participated as scoring jurors.

   The case exists in a closed universe where the rules of evidence are simplified and stipulations to facts are explained in the case materials to streamline the learning process for the students. The fact pattern is written in such a way that neither team has a stronger case on the merits. Rather, scoring is based on the technique of each attorney participant, courtroom presence, the theme of the case as well as their knowledge of and ability to properly use the rules of evidence.
   
    The annual mock trial competition is one of the best tools of civic education we have. The students in our trial were engaged in their roles as officers of the court and witnesses all the while learning about our legal system as they tackled issues of liability, contract interpretation and the role of our courts in settling disputes. Whereas many high school students are unlikely to know much about insurance coverage, the students competing in this trial were adept at using the provisions of the contract to question the witnesses and develop their positions for or against the insurance company's liability.
 
    As scoring jurors, we were impressed by the effort the students put into preparing for the competition as well as their ability to tell the jury a story through their opening statements, witness examinations and closing arguments. They had a good grasp on the rules of evidence and used objections effectively. The student witnesses were also well prepared. The witnesses had a thorough knowledge of the facts and they answered questions appropriately while resisting the insinuations of the opposing party's attorneys. At the end of the trial, the jurors had an opportunity to comment on the students' performances and offered positive feedback to improve their presentation. I have met several attorneys who referred to their participation in the PBA's mock trial competition as the reason they chose to pursue a career in the legal profession.
 
    If you are interested in volunteering as a scoring juror in the future, or would like to serve as an attorney advisor to a local high school team, please reach out to me or Amelia Ambrose. The high school mock trial competition is an important civic education tradition that we should continue to support for generations to come.

Gerard N. Mangieri
 


Upcoming PBI CLEs at FCBA
  
Please see below for the current list of PBI CLEs we are hosting. 
 
 

Wednesday, February 10: Practicing Law in the Cloud: How to Preserve Confidentiality, Live via Simulcast, 2 sub & 1 ethics credits click here for more information and to register

Thursday, February 11: Commercial Real Estate Documents: Negotiating and Drafting for Optimal Results, Live via Simulcast, 3 sub credits click here for more information and to register

Wednesday, February 17: Local, State & Federal Taxes Affecting Real Estate Transactions, Video Replays, 4 sub credits click here for more information and to register

Friday, February 19: Finance for Lawyers, Live via Simulcast, 5 sub & 1 ethics credits click here for more information and to register

Wednesday, March 2: Food Safety and Marketing, Live via Simulcast, 3 sub credits click here for more information and to register

Thursday, March 3: Boundary Law in PA, Live via Simulcast, 4 sub credits  click here for more information and to register

Tuesday, March 8: Fundamentals of Estate Planning, Live via Simulcast, 5 sub & 1 ethics credits click here for more information and to register

Thursday, March 10: Guardianship 101, Live via Simulcast, 3 sub & 1 ethics credits click here for more information and to register

Friday, March 11: How to Start and Run a Nonprofit, Live via Simulcast, 4 sub credits click here for more information and to register

Thursday, March 17: Fixing a Broken Trust, Live via Simulcast, 3 sub credits click here for more information and to register

Monday, March 21: The Strategic Negotiator, Live via Simulcast, 6 sub credits click here for more information and to register

Tuesday, March 22: Advanced Mediation Techniques, Live via Simulcast, 5 sub & 1 ethics credits  click here for more information and to register

Wednesday, March 23: 29th Annual Civil Litigation Update, Live via Simulcast, 5 sub & 1 ethics credits  click here for more information and to register


Member News
 
* The law office of Steiger & Steiger has moved to 56 South Main Street, Mercersburg, PA 17236, telephone number (717) 328-3525, fax number (717) 328-9791, and e-mail address tsteiger@steigerandsteiger.com. Mr. Steiger said "When I was growing up, my father had his office at 56 South Main Street and lived next door at 60 South Main Street. Now, I will do the same."

* Judge Shawn D. Meyers, is pleased to announce that effective today, January 14, 2016, Gail Swartz now serves as his judicial assistant.  Some of you may know her from her most recent employment in the Franklin County Public Defender's Office.  If you have not met Gail before, please feel free to stop by and introduce yourself to her when in the Courthouse.  The phone and fax numbers for Judge Meyers' chambers have not changed.  Please update your email  contact information for his judicial assistant.  Mrs. Swartz can be reached at glswartz@franklincountypa.gov.    Thank you.

*
On January 27, 2016, Jerrold Sulcove, Esq. presented a live webinar entitled "Social Security Bootcamp: Disability Benefits from Application to Appeal" sponsored by the Federal Bar Association.
 
 Jerrold A. Sulcove, Esq. has been an outspoken advocate for individuals suffering from disabilities, disabled Veterans, and the elderly since 2004. Mr. Sulcove graduated from Oberlin College and the Temple University, James E. Beasley School of Law. He is a member of the National Organization of Social Security Claimants' Representatives (NOSSCR), the National Association of Disability Representatives (NADR) and the National Organization of Veterans Advocates (NOVA). Mr. Sulcove is a member of the Board of Directors of the Federal Bar Association, Social Security Section.
 
 Mr. Sulcove is admitted to practice before the United States District Court for the Middle District of Pennsylvania and the Third Circuit Court of Appeals.   He is accredited by the Veterans Administration to assist in the preparation, presentation, and prosecution of claims for VA benefits, and is admitted to the United States Court of Appeals for Veterans Claims and the United States Court of Appeals for the Federal Circuit. He is a partner in the Law Firm of Black and Davison located in Chambersburg, Pennsylvania.
 

* Please CLICK HERE for an updated member directory. If you would like an updated directory emailed to you please contact the Bar office.


Newsletter items deadline
 
The deadline to submit items for The Causeway is the 20th of each month.


"Since our last chat..."
"Since our last chat..." is a periodic column in The Causeway by Bar member Barb Townsend.  
 
  
 
         I am enjoying Granny Nanny duties on demand. While I have been asked to appear in March, I'm just back from a two week stint over the Christmas holidays. My six grandchildren, whether in Florida or California, are all enrolled in elementary school. Their parents all work. Surprise: there are school breaks in the winter, the spring and the summer. I love to show up and have a week of taking care of children again. It's a great release from our everyday occupation. After Amelia, our noble director, suggested I feature some of the attorneys who are teachers, I realized that changing roles helps keep us mentally healthy and actually revitalizes us...no different really, from a stint at being Granny Nanny or Pop Pop.
 
          I was able to catch Clinton T. Barkdoll, Esq., while he was working on a title search. Clint is a Franklin County native from Waynesboro. His father, Terry Barkdoll, is retired from many years employment by the Borough of Waynesboro, and his mother, Linda Barkdoll, still is an active Realtor. Clint has been teaching at Wilson College for at least eight years.
 
           I asked Clint about his teaching experience. He finds teaching a diversion from the other stresses of life. He's teaching Business Law to the undergraduates at Wilson. This year, for the first time, he's picked up instructing a graduate level course: law for accountants. He's attempting to guide his class through the labyrinth of federal regulations. Most of his class material is not used in his general practice of law so he finds it intellectually challenging. He even enjoys writing exams. [Think about that thrill you feel when a set of facts sound like an essay on a law exam].
 
          At Wilson, Clint's classes are generally twenty to twenty-five students, half traditional, half nontraditional. The classroom is coed. He's frequently asked to write reference letters, invited to weddings and given notice of new jobs by former students. It's a different world where confrontation and problem solving are not the cornerstones.
 
          Clint graduated from Waynesboro High School in 1991. He then headed to High Point University in the furniture capital of the world, High Point, North Carolina. Clint earned his bachelors in June 1994, (yes, three years), with a major in political science and a minor in economics (including accounting). He took advantage of his early out to accept employment as a Franklin County tax assessor. He also worked part time as a reporter for the Public Opinion. Clint cheerfully admitted covering the duck derby and spelling bees for the paper.
 
          Clint used his savings from his year in the public sector to help pay for his law degree. Clint is a 1998 graduate of Pennsylvania State University Dickinson School of Law, Carlisle. He returned to work as a reporter, taking an assignment in Washington, DC, for Dow Jones regarding SEC investigations. In 2000, he returned to Waynesboro to enter partnership with Stephen D. Kulla, Esq. The firm currently consists of Steve, Clint, Matt Stewart, Esq., and Mike Toms, Esq. Clint served as the President of the Franklin County Bar Association in 2014 and 2015 and remains on the Board of Directors.
 
            Clint has been married to Amy since 1999. He's learning the joys of being a father to two active, healthy boys: Will, age 7, and Luke, age 4.
 
          Another attorney with young children is Elliott B. Sulcove, Esq. Although Elliott and his wife, Sally, a financial planner, married in 1996, their children Brian, age 9, and Elizabeth, age 4, are keeping them extraordinarily busy in their 'free' time. That does not keep Elliott from teaching, though.
 
          Elliott is an adjunct instructor at Shippensburg University in addition to his practice of law. He's been thus employed since the fall of 2011, teaching two courses each semester. His class size started at around forty students, but this semester he has between seventy and seventy-five students in each class. His course, through the business department, is really an overview of the first year of law school. He teaches torts, contracts, agency, corporations and general business law. He really was very positive about the students. He stated his mission as giving the students a working knowledge about how the law views and resolves problems.
 
          Like most teachers, Elliott's found teaching has improved his own level of understanding of the law and has improved his interaction with his business clients. Elliott rattled off the four basic elements of contracts: capacity, agreement, consideration and legality with speed and assurance. He's also been mastering explaining complicated legal formats in plain language.
 
          He acknowledged that he most enjoys watching the students begin to grasp concepts. Although he does not exclusively use the Socratic Method used in law school because of time constraints, he notes that, by the end of the course, most students begin analyzing problems and demonstrate different ways of approach. They 'get it'.
 
          Elliott is a graduate of Chambersburg Area Senior High School in 1992. He then proceeded to Swarthmore College, in Swarthmore, Pennsylvania. In 1996, he graduated with a degree in Economics and a History minor. He also married Sally, who he met at college. He then headed to University of Pennsylvania for his juris doctorate, acquired in 1999.
 
          After graduation, Elliott took a job at Duane Morris LLP. He was assigned to general litigation, business litigation and professional malpractice in twenty two Pennsylvania counties and all of New Jersey. After four years of spending too many hours driving to courthouses in the mid-Atlantic, he returned to Chambersburg and joined Black and Davidson in 2003. There he works with his father, Jan Sulcove, Esq., Bob Schollaert, Esq., and his brother, Jerrold Sulcove, Esq.
 
          Elliott also has a side hobby of handyman. Recently, when I needed some holes drilled in the courthouse pots, I learned from Marty Walker, Esq., to call the well-equipped Elliott. He had the right drill and bit!
 
            J. Gregory Hannigan, Esq., is also sort of local. His principal office is in Hagerstown because, in part, his extended family has lived in the area for years. Greg has been a member of the Franklin County Bar Association for an extended period and practices criminal and domestic relations law in Franklin County. In Washington County, our neighbor, his practice is more general.
 
           On impulse, I asked Greg if he was teaching. Well, Greg teaches prison ministry and is in charge of liturgy and music for the Maryland Correctional Training Center. He's been an acting chaplain and involved with education at the Washington County facility since 1994. Greg started his post college employment as an educator and administrator at an alternative school for juveniles. He's experienced private tutoring for NBA players. He was assigned to tutor Amal Hussain in 1977. The daughter of King Hussain of Jordan lived in Washington DC and needed help with algebra and English literature while a secondary student in a private school. Once Greg returned to Washington County, he taught domestic relations and business at Hagerstown Community College. In 1994, he accepted a lateral transfer to teach catholic history at the Maryland Correctional Training Center and has remained as a teacher, prison minister and occasional chaplain at that facility. He currently spends about ten hours a week teaching: counseling, problem resolution, scripture, catholic studies and prison ministry.
 
          Although Greg's family is centered in Washington County, Maryland, he attended a private boys' school, Notre Dame High School in West Haven, Conn. He graduated in 1969. At the time, he was seriously considering entering the priesthood. He then attended the University of Notre Dame near South Bend, Indiana. He spent a year abroad in Italy as a student of St. Mary's College, Notre Dame, Indiana. He graduated with a degree in sociology and minors in American History, Italian Studies, and Education in 1975. He began a master's degree in counseling, accepting an internship with William Glasser. He was trained in reality therapy. After graduating from college, Greg spent a year counseling in a private school for fifth to ninth graders under the auspices of the Brothers of Holy Cross.
 
          In the fall of 1976, Greg entered American University Washington College of Law in Washington, DC. He was awarded his juris doctorate in 1980. After graduation, Greg worked in the Maryland state's attorney office for Montgomery County for four years. He then headed to Washington County.
 
          Greg relates two incidents of note. While studying in Italy, he and his friends were invited to a Halloween party. American students, they wore assorted costumes. Greg had scored the garb of a Monsignor from a friend at the Vatican, which delayed him from the group. The students, dressed in costume, were stopped by Guardia, who apparently were unaware of the American traditions. Greg, who was slightly behind the group, came up to intervene and did not disabuse the officers who thought he was official. The incident ended when Greg name dropped Cardinal Angelletti.
 
            In 1988, Greg accompanied his brother-in-law and tennis partner as a chaperon of students from Gettysburg College and Hood College to the Soviet Union. Greg, a certified personal trainer, was quickly identified as a person of interest by the KGB and was followed throughout the visit. On the last night, New Years' Eve, Greg left his hotel room and went up to the men following him. He invited them to take the night off as he had no intention of leaving the hotel. They, instead, invited him to join them and some liquid libations. They adjourned to a private dining room and thoroughly enjoyed getting to know one another. At about 3:00 a.m., the men invited Greg to join them at their homes. He regrets to this day that he had to decline because that was the end of the trip.
 
          Greg is the father of two adult women. His daughter Helen is involved with providing safe pregnancies. She's the mother of his two grandsons, Charlie, age 7, and Archie, age 2. His daughter, Eileen, is currently the assistant softball coach at Purdue.
 
          I'm looking for some ideas for a Bar Association only social event. Some of the parties we held in the 70's and 80's were lots of fun...we failed to take ourselves seriously. Mike Toms suggested a night of skits. I think we should at least try something...Ideas???


 
  
In This Issue
Swearing-In Ceremony
Jason Kutulakis
Free PIRC Training
Planter Project
Book Sale
FCBA Membership Dues & Find a Lawyer
Proposed Legal Services Tax Letter
PBA Mock Trial
Press Releases, Memos and Notices
Upcoming PBI CLEs
Member News
"Since our last chat..."
Calendar of Events 
    
YLD Meeting
Fri., February 5

Conference of County Bar Leaders
Thurs. - Sat., Feb. 25 - 27

YLD Meeting
Fri., March 4 

Board of Directors Meeting
Fri., March 18

CLOSED, Good Friday
Fri., March 25

YLD Meeting
Fri., April 1  
  
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Contact the Bar

Heritage Center - Home of FCBA

Amelia Ambrose
Executive Director 
717- 267-2032
director@franklinbar.org