August 4, 2015

Calling sexual assaults by Massage Envy therapists “a national epidemic,” two attorneys have sued the local and national owners of the Massage Envy spa in West Goshen that employed a man who is charged with assaulting nine women.

Attorneys Thomas Bellwoar of West Chester and Brian D. Kent of Philadelphia filed the lawsuit on July 31 in Philadelphia County Court on behalf of Jane Doe, alleging that identifying their client would further invade her privacy. The suit claims the chain had “an incomprehensible policy” of handling allegations of sexual assault in-house, thereby facilitating such assaults.

The suit said more than 50 reports of sexual assaults by the chain’s employees have occurred in 15 states. Spa Dogs, the company that owns and operates the Massage Envy location in West Goshen Township, and Roark Capital of Atlanta, Ga., the corporate owners, both share blame for the assaults committed by James R. Deiter, 63, of Holtwood in Lancaster County, according to the suit.

The suit alleged that many of the assaults occurred after the local and national company knew that a complaint had been lodged against Deiter, who continued to work after a one-week suspension and was routinely recommended by Massage Envy staffers to female clients.

In addition, the suit accused the company of conducting sham investigations that permitted abusers to remain on the job. The complaint seeks more than $50,000 in damages for the woman.

According to court records, Deiter agreed to be interviewed by West Goshen detectives after one woman he allegedly assaulted contacted police. Detectives said Deiter admitted the conduct and provided investigators with the names of other women he had touched inappropriately at the West Goshen Massage Envy, which is located in the 1100 block of West Chester Pike.

Last month, Deiter waived his preliminary hearing in the first case as well as two others. Detectives said additional charges were filed after police interviewed seven other women, who were allegedly assaulted from the summer of 2014 to May 2015. A ninth victim is represented in a third criminal complaint, which was filed on June 11, court records said.

According to the complaints, in all but one of the cases, Deiter established a level of trust with the women in sessions that preceded the assaults. Prosecutors said he had worked at Massage Envy for about a year and also provided massage therapy at Pathways to Healing in Lancaster County.

At the time that Deiter waived his preliminary hearings, his attorney, Peter E. Kratsa, said he and his client would continue to cooperate with authorities.

In a statement in response to an inquiry after Deiter’s second arrest, Massage Envy said: “”Massage Envy has stringent policies in place to foster a zero tolerance culture at each franchised location when it comes to inappropriate conduct. Our policies regarding reporting are extremely clear: All franchisees are required to comply with any applicable state and local reporting requirements. Failure to follow this specific policy, or any of our policies regarding inappropriate conduct can trigger significant consequences for the franchisee, including termination of the franchise agreement.”

In response to a follow-up question about whether any franchise agreements had ever been terminated, a company spokesperson said they have been.

 

A pop-up beer garden described as a European-style cultural center captured the fancy – and some concerns – of Kennett Square Borough Council at its meeting on Monday, Aug. 3.

After considerable discussion, the council voted 5-1 to grant a temporary use permit – valid until Dec. 31 – to Sandra Mulry for an outdoor community venue. The initiative, planned to operate one or two days a week into the fall at 401 Birch St., will involve 7,000 square feet of buffered, entertainment space.

George “Chip” P. Plumley III cast the dissenting vote, echoing the view of solicitor Marc D. Jonas that the proposal lacked specificity. “Typically this council gets to put its arms around what it’s approving,” Jonas said.

Mulry, who appeared with Christa Bui, a Belgian native who will assist in getting the project underway, apologized for being unable to provide concrete details. “The site has been idle, atrophying for seven years,” she said. “Our goal is to explore new opportunities.”

Bui said she is familiar with European beer gardens, which serve as multi-generational gathering places. “That’s really why I was hired,” she said. She said she envisioned a children’s playground constructed from logs, rocks and sand and a seating area fashioned from repurposed pallets, beautifying the remains of an industrialized area.

“It’s not just a bar,” Bui said. “You can bring your 5-year-old and they can play and be safe.”

Mulry said they hoped to attract food trucks and beer vendors, but she explained that they needed the permit before they could approach prospective partners. She said they hoped to make money by transforming the space into an accessible and welcoming environment and then getting rent from culinary and drink purveyors.

She and Bui both said they would be seeking input from the community via social media to determine what cultural offerings to pursue, ranging from sustainability classes to art exhibits. “It’s an evolving concept,” Mulry said.

Bui, who suggested a possible hashtag of “Birchbeauty” for the project, added that they expected to shape the venue to meet potential customers’ needs. “It really is dependent on the community,” she said.

Codes Enforcement Officer Russell H. Drumheller said meetings on the pop-up proposal with Borough Manager Joseph C. Scalise and Historic Kennett Square Executive Director Mary Hutchins led to the conclusion that the borough’s temporary use permit was a good fit for the somewhat amorphous plan.

Drumheller said the U-shaped space that would be utilized sits between existing buildings. “Residents won’t be able to see it or hear it,” he said.

Hutchins said the Pennsylvania Horticultural Society is using pop-up beer gardens effectively as a fund-raiser in Philadelphia this summer. She said she visited one that featured a barbershop quartet and elegant floral displays in recycled materials such as an old bathtub.

“I’ve been to one in Europe,” said borough resident John Thomas. “I think it’s a great idea. It’s unique.”

Borough Council President Leon R. Spencer Jr. said he struggled with the uncertainty of the proposal and iterated a concern raised by Councilman Brett M. Irwin that the borough is “over-liquored.”

But Spencer said he was impressed by the fact that a blighted area was being targeted for revitalizing, and he said his fears about the unknowns were somewhat alleviated by the temporary nature of the approval. “It gives us a chance to look at it,” he said, adding that defining “it” at this point presented a challenge.

In a subsequent interview, Mulry said she appreciated the vote to issue the permit. She said she expected to spend about $300,000 to demolish and clean up the site. The original stone creamery building will remain, but smaller structures in disrepair will be razed, saving some of the architectural elements, such as trusses, for recycling into the final project, she said.

“The goal is to breathe life on Birch Street” in an environmentally responsible way, Mulry said.

Other routine reports indicated that business continues to boom in the borough. Hutchins said three new ventures will be opening soon: Houppette, a cosmetic and accessory boutique at State and Union streets; Blown Away, a hair salon on South Union Street; and Red Clay Studio, an interior design business on State Street.

Drumheller noted a recent influx of young homebuyers into the borough, some of whom are returning to their roots. He said every time a home changes hands, he conducts an inspection, typically five or six per month. Last month, he did 14.

Asked by Spencer to explain the spike, Drumheller said, “Kennett’s happening.” He said buyers are attracted to the town’s walkability and friendliness.

In other business, council voted to authorize the advertisement for a public meeting for the proposed ordinance that will amend parking regulations and authorized the signing of a $570,000 loan for a new fire truck. Councilman Geoffrey R. Bosley noted that the fire company hopes to defray some of that cost by selling some equipment.

Reporting on summer activities, Claire Finfrock, recreation coordinator for the Kennett Area Parks and Recreation Board, described a host of offerings, ranging from day camp to sports clinics. She invited the public to stop and admire the improvements at Herb Pennock Park, where five new sets of 27-foot-long bleachers have been added.

Despite objections from residents and professionals, Birmingham Township supervisors approved the Certificate of Appropriateness for a new home that opponents say doesn’t belong.

The board voted 3-0 to grant the certificate to Anthony Diver for the property at 1236 Birmingham Road as recommended by the township Historical and Architectural Review Board. The approval of the HARB recommendation came with a list of conditions as recommended by township solicitor Joseph “Skip” Brion.

Diver wants to build a two-story home in the historic Birmingham Corridor — within part of the battlefield of the 1777 Battle of Brandywine — on the site of a previous ranch house. The building footprint would contain the same 2,500 square feet, but the second story would increase the square footage and raise the elevation. There would also be a four-car garage.

According to Doug and Kate Marshall, adjoining property owners on Meetinghouse Road, that extra height and removal of large trees would make the second story visible from their property, and they object to that.

The Marshalls are also questioning the appropriateness of the permit to demolish the original house. The township solicitor admitted that the zoning officer issued the permit without the applicant’s providing a Certificate of Appropriateness, but that the oversight was an honest mistake.

Doug Marshall previously said he would take legal action against the township should supervisors approve the certificate. However, he said after the vote that he would decide on a course of action after he has a better understanding of the time frame.

The approval does not become official until the board approves a formal resolution next month.

During the Aug. 3 meeting, Marshall read a letter from William Worth and family, property owners on Meetinghouse Road, asking supervisors to reconsider the proposed architecture and specific location of the house.

“Revolutionary War history has always impacted Birmingham Township, and we truly believe that its citizens would not want any new structure that would jeopardize the natural beauty and historic nature of this bucolic countryside.,” Marshall read.

He also read similar comments from Randall Spackman, who owns the Spackman Farm in Thornbury Township on the border with Birmingham.

“I think it is very poor how the township picks and chooses which rules to enforce, on a whim, without looking at the big picture where it counts…It seems like, all of Birmingham’s rules can be picked and chosen,” he read.

Also objecting was HARB member Nancy Needham, who urged the supervisors to deny the certificate.

“The issue is whether there is a fit, or match between this proposed house and the HARB guidelines, which were designed to protect the historic corridor. I reviewed the guidelines and I don’t feel that there is a fit,” Needham said.

She went on to say that Diver’s right to build a house is not in dispute, that the dispute is the location of the house.

“I do think the residents have the right to have this precious resource protected. It’s really not a question of denying Diver his rights; it’s a question of denying this particular house in this particular location because it doesn’t fit the guidelines,” she said.

The Brandywine Conservancy and Museum of Art — which owns Birmingham Hill on the other side of Meetinghouse Road — expressed similar sentiments.

Conservancy Associate Director David Shields reiterated the opinion that the plan would lead to the removal of too many mature trees and ruin the scenic view of the area. He’s also concerned with the home’s design, height and location. He called the planned exterior “inappropriate and out of scale with the existing structures.”

“This is the most historic township in the county, and the Diver property is in probably one of the most historic parts of the township. The township’s historic guidelines should be followed scrupulously with respect to the Diver residence,” Shields said. “I’ve reviewed the guidelines carefully. I listened to the HARB when they were going through their report, and I’m concerned they’re not really following their guidelines.”

Shields urged the board to deny the certificate, but said they should add conditions if they do approve it.

Karen Marshall, the heritage preservation coordinator for Chester County, said that the plan would have an adverse effect on the integrity of the historic district and that the board should contract with a professional preservation architect to review the plans before approving them.

“Please, do not approve the Certificate of Appropriateness until a professional preservation architect has reviewed it…I implore you…I don’t think you’ve met the law,” she said.

A professional preservation architect was in attendance. Mary Werner DeNadai, a principal with John Milner Architects and a Birmingham Township resident, said the HARB “has not done its due diligence.”

“I’ve been very disappointed with the HARB in the past and, in my review of the proposed design for this property and the review of the historic district guidelines, I find it astounding that the [HARB] did not outright deny acceptance of this application,” DeNadai said.

She said the intent of the guidelines is to “preserve the setting and historic views of the battlefield.” She said the plans violate those guidelines and the certificate should be denied.

As for the architecture of the proposed home, she referred specifically to a turret and conical roof as being out of character for the traditional architecture of the district.

Supervisor Bill Kirkpatrick opened his comments by saying that the battlefield has changed over the years with a variety of homes being developed. He said even the previous home was a ranch house, a style that did not exist during the time of the battle.

He also said that the War of Independence was fought, at least in part, “so that we would become a country of laws, among which was the fact that we didn’t have to listen to a regent or individual who could change his mind.”

Kirkpatrick said supervisors have an obligation to assess Diver’s application based on the laws, ordinance and regulations that are in place at the time the application was made.

He conceded that the house is large, but the previous house “did not have historic significance. It was a ranch house built in the 1960s. I don’t know how that has historic significance.”

But he added that some of the concerns raised have merit. With that in mind, he made a motion to approve the certificate, but with conditions.

Those conditions, prepared by the township solicitor, include the location and construction be in accordance with the plans submitted to the township, and that a landscape plan, prepared by a landscape architect, be submitted to supervisors for review. Further, no building permit shall be issued until all conditions are met.

Supervisor Scott Boorse echoed Kirkpatrick’s comments, adding that HARB did do its due diligence and that the home — designed by architect Tony Webb — does meet township regulations. (Webb is chairman of the HARB, but recused himself from deliberations.)

The measure passed 3-0. The formal resolution will be prepared, then read at the next Board of Supervisors meeting.

Chadds Ford’s Frank G. Murphy, a shareholder in the Philadelphia office of national law firm Anderson Kill, P.C. has been elected President of the Temple University College of Engineering Alumni Association.

Murphy, elected to the Chadds Ford Township Board of Supervisors in 2013, is a 1985 graduate of the College of Engineering and has served on the college’s Board of Visitors and as an officer of the Alumni Association for several years. He concentrates his legal practice in the areas of construction, banking, real estate, and municipal law.

Temple’s College of Engineering has seven undergraduate and nine graduate degree programs. From Fall 2007 to Fall 2014, enrollment in the college increased 100 percent. In January 2013, the college added an additional 25,000 square feet of new space for a new department and growth in other engineering  programs.

“The growth in the college and university makes it an exciting time to  be involved in Temple University alumni activities,” Murphy said in a press release. “I look forward to working with so many dedicated volunteers to support the College of Engineering and the university.”

After attending Temple University, Murphy received his masters degree in mechanical engineering from Penn State in 1987.  He then worked for PPL Electric Utilities in Harrisburg, before graduating from Temple University Law School, Magna Cum Laude, in 1992.

Murphy resides in Chadds Ford, Delaware County, with his wife Anna Marie Murphy, Esq., and daughters Natalie, a junior at Temple, and Julianna, a senior at Unionville High School. He can be reached at FMurphy@andersonkill.com