H. Jeffrey Brahin, Esq. Member of Faculty at December PBI Real Estate Institute

H. Jeffrey Brahin, Esq. served as faculty at the 22ndAnnual PBI Real Estate Institute for the seminar Confessions of Judgment – The Good, The Bad and The Ugly. The course was a comprehensive review of confessions of judgment, including negotiating and drafting the warrant of attorney, filing the judgment, Petitions to Strike and Open Judgment, and appeal issues. The seminar covered both substantive and procedural matters and provided practical insight into the litigation of confession of  judgment issues.

Mr. Brahin concentrates his practice in commercial and real estate litigation, transactional real estate, as well as corporate matters and general civil litigation.Mr. Brahin represents numerous businesses, developers, landlords, tenants,property management companies and condominium associations in matters including covenants not to compete, trade secrets litigation, partnership and shareholder disputes, debt collection cases, contract disputes, commercial landlord-tenant litigation, litigation regarding options and rights of first refusal, adverse possession matters, partition,foreclosures, mechanics’ liens and actions to quiet title. Mr. Brahin’s corporate practice involves entity formation and dissolution, mergers and acquisitions,employment agreements, business-to-business contracts, joint venture agreements and security agreements. His real estate practice includes acquisition and sale, financing and leasing.  He handles litigation throughout eastern and central Pennsylvania.

PA Bulletin 12.15.18

  • The Courts; Judicial System General Provisions; Judicial Salaries

·        https://www.pabulletin.com/secure/data/vol48/48-50/1921.html

  • The Courts; Judicial System General Provisions; Order Amending Rule 402 of the Pennsylvania Bar Admission Rules; No. 783 Supreme Court Rules Doc.

·        https://www.pabulletin.com/secure/data/vol48/48-50/1920.html

  • The Courts; Local Court Rules; Bucks County; Clerk of Courts—Criminal Division; AD 2-2018

·        https://www.pabulletin.com/secure/data/vol48/48-50/1925.html

  • The Courts; Local Court Rules; Rules of Civil Procedure; Proposed Adoption of Pa.R.C.P. No. 1065.1

·        https://www.pabulletin.com/secure/data/vol48/48-50/1922.html

  • The Courts; Local Court Rules; Rules of Criminal Procedure; Order Adopting New Rule 556.13, Amending Rule 556.11 and Revising the Comments of Rules 502, 513, 516, 517 and 518 of the Rules of Criminal Procedure; No. 505 Criminal Procedural Rules Doc.

·        https://www.pabulletin.com/secure/data/vol48/48-50/1923.html

Ryder, Mazzeo & Konieczny, LLC Attorneys Named Super Lawyers for Intellectual Property

Partners Frank A. Mazzeo and Joseph M. Konieczny were named 2018 Super Lawyers.

Frank A. Mazzeo is the founder and past chair of the Intellectual Property Section of the Bucks County Bar Association.  He also is past Chair of the Pennsylvania Bar Association’s Intellectual Property Section. As a partner in the intellectual property law firm Ryder, Mazzeo and Konieczny, LLC, Mr. Mazzeo practices in the areas of intellectual property litigation, trademarks, copyrights and patent prosecution. He has litigated all types of intellectual property cases, including complex patent infringement cases involving multiple patents and trademark and copyright infringement cases.  Mr. Mazzeo also has filed and/or maintained over 450 trademark registrations in the U.S. Patent and Trademark Office and in foreign trademark offices.

Joseph M. Konieczny has been practicing intellectual property law in the Philadelphia region for over 28 years.  He has extensive and comprehensive experience in every aspect of intellectual property.  He has successfully prosecuted hundreds of U.S. and foreign patents on behalf of his clients covering a wide variety of mechanical, chemical, composites, software, Internet, and electrical arts.  He has successfully prosecuted hundreds of trademark applications in the U.S. Trademark Office, and litigated numerous appeals, opposition proceedings and cancellation proceedings before the Trademark Trial and Appeal Board.  Mr. Konieczny also has litigated numerous patent and trademark disputes in federal courts throughout the U.S. for a wide variety of clients and technologies. 

Prior to co-founding Ryder, Mazzeo and Konieczny more than nine years ago, Mr. Mazzeo and Mr. Konieczny practiced in several Philadelphia patent boutique law firms.

IOLTA – Unclaimed Funds Program

New Rule Provides Direction to Attorneys with Unclaimed Funds in their IOLTA Account

After several years of receiving calls from attorneys seeking guidance on the ethical distribution of unclaimed and unidentifiable funds in their IOLTA trust account, the IOLTA Board is pleased to share that recently adopted Pennsylvania Rule of Professional Conduct 1.15(v) provides such guidance. It is an especially common question when an attorney is winding down a law practice in preparation for retirement or when his or her attempts to contact a former client are unsuccessful.

The new rule provides that after reasonable efforts have been undertaken to reunite funds in an IOLTA account with their rightful owner for at least two years, any unidentifiable or unclaimed funds may be transferred to the IOLTA Board for safekeeping. The funds may be reclaimed if the rightful owner is identified or located at a later time.

For additional information and access to related forms, please click here: https://www.paiolta.org/unclaimed-funds/

Gwynedd Mercy University Purchase from Merck

Friedman Schuman, PC, a law firm with offices in Montgomery County, PA and Camden County, NJ, congratulates two of its attorneys, Peter Friedman and Bob Alston, for having represented Gwynedd Mercy University in  its recent acquisition from Merck & Co. of the 154-acre property located at 1201 Sumneytown Pike, Lower Gwynedd, PA, immediately east of the University’s existing campus.  This acquisition results in the doubling of Gwynedd Mercy’s campus to 314 acres.  The acquisition included a 157,000 square foot building.

This eight-figure dollar transaction will enable the University to meet the needs of the existing undergraduate professional and healthcare programs and match the growth of its expanding graduate programs.

Co-Sponsorship Memo | Property Tax Elimination

MEMORANDUM

Posted: December 13, 2018 08:53 AM
From: Representative Russ Diamond
To: All House members
Subject: Property Tax Elimination
In the near future, I plan to reintroduce legislation (2015-16 HB 1115, 2017-18 HB262) to place a Constitutional Amendment on the ballot so voters can decide whether to eliminate all property taxes in the Commonwealth by a certain date.

Acquiring, possessing and defending property are declared as Inherent Rights of Mankind in Article I Section 1 of Pennsylvania’s Constitution. That declaration was made by contemporaries of the authors of the Declaration of Independence, which cemented the idea that governments are created among men to secure such rights.

Currently, these rights are being abrogated by circumstances within the Commonwealth and its political subdivisions, causing citizens to be deprived of their property rights for no reason other than an inability to pay taxes.

We would be rightfully outraged if other Inherent Rights – such as the right to vote, the freedom of speech, or the right to worship freely – were precluded by any citizen’s inability to pay a tax. We should be equally outraged that property rights can be stripped away for the same reason.

This legislation seeks to abolish all property taxes in the Commonwealth as of July 1, 2026. Article I Section 2 of the Constitution guarantees the right of the People to make such decisions, and this legislation will facilitate their ability to do so under the provisions for amendment contained within Article XI.

By creating a definitive timeline, the General Assembly will have ample time to authorize new funding methods to replace the revenue that property taxes currently generate. Such a timeline will also give citizens confidence that they can look forward to fully exercising their property rights regardless of any temporary personal financial setbacks.

For those of you who, like me, are also supporting other property tax elimination plans, it should be noted that any statutory elimination of property taxes must be accompanied by a constitutional prohibition to prevent property taxes being resurrected by statute in the future. My legislation serves that purpose.

I urge you to join me in seeking to secure and protect property rights by co-sponsoring this legislation.

PREVIOUS CO-SPONSORS: BARRAR, BURNS, CALTAGIRONE, DeLUCA, DUSH, GILLEN, HELM, MAHONEY, METCALFE, ORTITAY, RADER, ROTHMAN & SAYLOR
View Attachment

Co-Sponsorship Memo | Regional Appellate Court Districts

MEMORANDUM

Posted: December 12, 2018 12:42 PM
From: Representative Russ Diamond
To: All House members
Subject: Regional Appellate Court Districts
In the near future I will be introducing legislation (2015-16 HB2210; 2017-18 HB829) to amend the PA Constitution to change the way Pennsylvania elects appellate court judges. Specifically, my legislation would divide the Commonwealth into nine (9) Commonwealth Court districts, fifteen (15) Superior Court districts, and seven (7) Supreme Court districts.

These districts would be defined by the General Assembly following the redistricting principles found in our Constitution, requiring populations as equal as possible in each district with compact and contiguous geographic boundaries, and would comport with the federal Voting Rights Act of 1965. Candidates for appellate seats would be required to reside in the district they seek to represent on the court.

Eleven other states (Arkansas, Illinois, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Ohio, Texas, Washington and Wisconsin) select judges and justices for either some or all of their appellate courts via regional judicial district elections.

Currently, over 60 percent of appellate court seats are held by residents of just two counties. Pennsylvania is a diverse Commonwealth, and our appellate courts ought to reflect that diversity. My legislation will also go far in improving the chances that voters can identify with candidates for appellate court seats.

I urge you to join me in preserving the right to elect judges and justices, and providing for judicial diversity, by co-sponsoring this legislation.

Previous co-sponsors: CAUSER, DUSH, EMRICK, EVERETT, GILLEN, IRVIN, JAMES, KAUFFMAN, MILLARD, B. MILLER, NELSON, ORTITAY, RADER, RAPP, ROTHMAN, RYAN, SAYLOR, WARD & WARNER

View Attachment

Co-Sponsorship Memo | Homestead and Farmstead Property Tax Exemption

MEMORANDUM

Posted: December 5, 2018 03:59 PM
From: Senator Lisa M. Boscola
To: All Senate members
Subject: Homestead and Farmstead Property Tax Exemption
In the near future, I intend to introduce legislation to eliminate school property taxes for homesteads and farmsteads in Pennsylvania. The people amended the Pennsylvania Constitution on November 7, 2017 to allow the General Assembly to extend property tax relief to homeowners by fixing the dollar amount at 100 percent of the assessed property value. 

​My legislation will prohibit school districts from levying property taxes on all homesteads and farmsteads in the Commonwealth as of June 30, 2020. To replace the revenues lost from the collection of these taxes, a commission will be appointed to determine the best way to ensure adequate funding in our public schools. The commission will evaluate a mix of increasing personal income tax, increasing and expanding sales and use tax or alternative tax plans.

​ I hope you will join me in co-sponsoring this legislation.

Hill Wallack Partner David Truelove Named Goldberg Award Winner by Bucks County Bar Association

Yardley,PA, December 11, 2018— Hill Wallack LLP is pleased to announce that its Yardley office partner David J. Truelove was presented with the Mark E. Goldberg Award by the Bucks County Bar Association at an Association dinner on December 6 at the Association offices in Doylestown. 

The Association gives the award annually to a member who demonstrates “a continuing commitment to community service outside the legal profession; exhibiting proven legal competence, honor, trust, service, and respect for the rule of law and the administration of justice.”

A partner in the firm’s Yardley, Pennsylvania office, Truelove serves in Hill Wallack’s Employment and Labor, School Law, Municipal Law, and Internal Investigations and Complex Litigation practice groups.

He represents and counsels public and private sector clients in various aspects of union and collective bargaining matters, including organizing efforts, contract renewals, grievance arbitrations, and unfair labor practice matters. He also works with clients in public finance, budget, personnel and collective bargaining matters.

Truelove frequently appears and litigates before various agencies, commissions and tribunals, including the NLRB, the EEOC, the PHRC, NJ PERC, and PLRB. He is also regularly selected as an arbitrator and mediator in insurance and employment and labor disputes.

In addition to his extensive legal work, Truelove is actively involved in a number of community and charitable organizations, including the Big Brothers program over the last 20 years. His volunteer work there was cited by the Commonwealth’s House of Representatives in 2009 and 2017, and he was named “Big Brother of the Year” by the Pennsylvania State Senate in 2017. He is active in the Lions Club and Pennsbury Athletic Association, and coaches baseball in the Yardley-Morrisville American Legion Baseball Club, coaches youth basketball,and plays baseball himself.

He was a member of the Board of the Pennsbury Charter School Center for Student Learning, has served as band chaperone for the Pennsbury School District, and served on the Lower Makefield Youth Aid Panel and the Lower Makefield Township’s Bike and Pathways Committee. He is actively engaged in the Bucks County Democratic Party.

At the Bucks County Bar Association, he served as president in 2017, and recently chaired the Legislative Committee. He offers his services pro bono through the Protection from Abuse program.

About Hill Wallack LLP

Founded in 1978, Hill Wallack LLP is a leading full service law firm with offices in Princeton,Cedar Knolls and Red Bank, New Jersey and Yardley, Pennsylvania. Our regional strength places us in an ideal position in today’s market. With nearly 70attorneys, our mid-market size allows us to provide sophisticated, high-level service to clients in a cost-efficient, responsive manner. Our attorneys represent individuals and entities in banking, community associations,creditors’ rights, employment & labor law, family law, insurance, land use,litigation and real estate. For more information, please visit www.hillwallack.com.

Jack Anthony Panella Elected President Judge of Pennsylvania Superior Court

HARRISBURG – The Pennsylvania Superior Court, meeting in Harrisburg today, has elected Judge Jack Anthony Panella to be its new president judge effective January 7, 2019.

President Judge Elect Panella succeeds President Judge Susan Peikes Gantman who completes her five-year term on January 6, 2019.

Judge Jack Anthony Panella is the son of Rocco and Vivian Panella. He is proud of his parents who were laborers without substantial formal education. Although both of them are now deceased, Judge Panella credits them for his appreciation of education and a high work ethic.

Judge Panella was appointed to the Northampton County Bench in October 1991. In 1993, he was elected to a full ten-year term commencing January 1, 1994.

During his tenure as a trial judge, in recognition of the success of the Commonwealth Partners Program, which he chaired, Judge Panella received the President’s Award from the Conference of State Trial Judges in 2002.

Judge Panella was elected to the Superior Court of Pennsylvania in November 2003, and was sworn into office as an appellate judge on January 9, 2004. He was retained in 2013 to another ten-year term.

In 2004, Judge Panella was appointed by the Pennsylvania Supreme Court to the Commission for Justice Initiatives in Pennsylvania, a committee organized to coordinate and recommend judicial outreach and specialized court programs. He was the Chair of the Public Education and Community Outreach Committee.

Judge Panella’s first book, The Pennsylvania Sexual Violence Benchbook, was published in December 2007. The book is a comprehensive reference designed to help judges for the complex criminal issues surrounding sexual violence cases. Judge Panella wrote the Third Edition of the Benchbook, which was published in 2015. The book is available on the websites of the Administrative Office of Pennsylvania Courts and the Pennsylvania Coalition Against Rape.

Judge Panella also wrote a benchbook for Magisterial District Judges on Sexual Violence which was published in 2011. He is currently working on a benchbook to assist judges in Pennsylvania on the issue of Restitution in criminal and juvenile delinquency cases.

In 2017, Judge Panella conceived and worked with other judges to write Judicial Bench Cards which are designed to assist trial judges handling trials involving crimes of sexual violence.

In recognition of his work in judicial education regarding crimes of sexual violence, Judge Panella received the national recognition of the NSVRC Visionary Voice Award in 2017 by the National Sexual Violence Resource Center.

Judge Panella is married and lives in Palmer Township, Northampton County, Pennsylvania