the side bar

THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XIX, NUMBER 5 OCTOBER 2007

WBA Members Vote “Yes” for Retention of Hathaway, Ober

Editor’s note: Voters teacher and a mother fostered an January 2004, and has been a judge in in Westmoreland awareness of issues facing children in the Criminal Division since January County will be our society, and sparked an interest in 2004. asked on Tuesday, becoming an advocate for children and She has been a member of or November 6, 2007, other victims of crime. Prompted by active in the following professional whether they wish the desire to find a way to better serve organizations: American Bar to retain Common the needs of abused children, she Association; Pennsylvania Bar Pleas Court Judge Rita enrolled at Duquesne Law School, and Association; Ned J. Nakles American Donovan Hathaway and graduated in 1988. She was hired by Inn of Court; Westmoreland County Judge William J. Ober, who will each then-District Attorney John J. Driscoll Multi-Disciplinary Team on Child be completing a ten-year elected term of as a prosecutor that same year. In her Abuse and Neglect; Subcommittee of office in January 2008. Westmoreland capacity as an Assistant District PA Supreme Court Committee on County attorneys—in a poll conducted Attorney, she was the Supervisor of the Racial and Gender Bias in the Justice earlier this year by the Westmoreland Bar Sexual Crimes and Child Abuse Unit System; Pennsylvania District Association—have already cast their vote. from 1991 through 1997, as well as Attorneys Association; Commissioner A solid majority voted “Yes, both Judges Chief Trial Attorney from 1995 for County Probation and Parole should be retained.” through 1997, when she was elected to Officers’ Firearm Education and the bench. She officially Training Commission, and the THE HON. RITA assumed her duties as a Duquesne Law Alumni Association. DONOVAN HATHAWAY Judge in January of 1998. he Hon. Rita “I loved my job in the THE HON. WILLIAM Donovan D.A.’s Office,” says Judge J. OBER T Hathaway was Hathaway, “and I would he Hon. born in 1950 in Boston, have stayed there had I not William J. Mass. She attended Boston been elected [to the bench T Ober was State College, and gradu - in 1997]. I sincerely believe born in 1939 in ated in 1972. During her that I have been called to Derry, Pa., and high school and college was educated in the L public service.” years, she worked as a While on the bench, (now) Derry Area The Hon. Rita D. clerk in a grocery store, and Judge Hathaway was the School District. Hathaway L continued in that position Judicial Liaison for the He graduated from The Hon. William J. while her children were young. After Westmoreland County Children’s Dickinson College Ober both of her children were enrolled Bureau from 2000 –2004, and the in 1961 (B.A., in school, Judge Hathaway took a Administrative Judge of Domestic Economics) and Dickinson School of position as an elementary school Relations from 1998 –2003. She was Law in 1964. Upon graduation, he teacher at Mother of Sorrows School a judge in the Family and Juvenile began his long career as a trial lawyer in Murrysville. Her experiences as a Division from January 1998 until continued on page 4

IN In Memoriam AlterEgo: To-Wit: Jury Senator THIS President’s Leonard R. B. Earnest by S. Trial Edgar ISSUE 215Message 3 Reeves 9 Long 11 Sponte 13 Verdicts Cowan 2 • sid ebar OCTOBER 2007

President’s Message As Time Goes By by James E. Whelton, Jr., Esq.

t is amazing at how fast time We have also received commitments television advertisements. As I goes by. I know that all of us, from Enterprise Rent-A-Car, ComDoc, mentioned in a previous message, I from time to time, have some Lapels, and Smail Automotive to the WBA is a partner in this effort. recognition that the clock seems to participate in this new program. As a Some changes have also been made be moving faster and faster. We wake WBA member, you will enjoy savings with the state bar PAC. More changes up one day and, for whatever the on the products or services offered by are coming and the result will be a reason, find ourselves asking where our partners, and your support of much more effective organization to did the time go? those partners will provide additional help protect and advance the interests I had one of those income to the Bar. Complete details of our profession. days recently and will be announced soon. One issue still percolating that will realized that I am We continue to make significant affect all lawyers is the proposal to halfway through my progress utilizing new technology to impose a sales tax on attorneys’ fees. term as president. provide new and improved member This is an issue that, like the legislation Having had that services. Our new web page is nearly intended to eliminating the need for realization, it occurred ready to launch and soon you will law journal advertising, continues to me that something be able to register and pay for CLE to be revived. The WBA has been along the lines of seminars online. We will also soon very active in opposing both of these a mid-year report have listservs, exclusive to WBA efforts in the past by working with might be appropriate. members, and are considering offering and following the lead of the PBA. As everyone is well aware, the CLE presentations for our The PBA is aware of the continued financial strength of the members to download to current efforts by some association is always of paramount portable devices. legislators to move the concern. Our treasurer, Chris DeDiana, There are, of course, tax issue forward and is explained at the last annual meeting statewide issues that meeting those efforts that most of our revenue is derived hit close to home. The head on. It may, how - from our law journal. With that in WBA continues to ever, be necessary that mind, the board has been actively enjoy a very strong we ask you to become developing non-dues related income relationship with the PBA directly involved in helping to sources. leadership, and we have partnered defeat this proposed tax. We will soon launch our own with the PBA on a number of All in all, the last six months has Affinity Program. This program will well-conceived, well-executed been somewhat of a whirlwind, and I provide both savings to our members initiatives. really can’t believe how the time has on products or services that each of us For instance, the PBA initiated a gone by. It truly is an honor to serve buys and uses, and a new revenue program to educate voters in advance as president of this association and I stream of income for the association. of the upcoming retention elections. thank you for the opportunity. I do We are thrilled to have successfully As some of you may be aware, there not ever forget, however, that it is both teamed up with Staples as a partner in is one group promoting the idea the individual and collective efforts of our Affinity Program. Office supplies that every sitting trial and appellate all of you that make this association as are certainly something that we all use judge should be voted out of office, strong as it is. There are so many who on a daily basis, and this new program not retained. As lawyers, we, more give so much for the collective good. will allow our members to save on than most, know that such a proposal In my opening message, I invited every single item that Staples offers. It is unwarranted and is nothing more you to contact me (or any of the will also provide easier online ordering than a knee-jerk reaction. Thanks in board members) if you have an idea and flexibility in billing. We are large part to the PBA, local media of how we can improve service to already enjoying the savings at bar outlets have condemned this our members or headquarters, and by participating in outrageous proposal for what it is. increase member this program my firm is projected to The PBA continues with its benefits. The save (on average) 26% on the cost of commitment to improve the public’s invitation still quality office supplies. perception of our profession with stands. OCTOBER 2007 sid ebar • 3 Remembering Leonard Reeves

Editor’s note: Leonard R. Reeves, founding partner of Reeves & Ross in Latrobe, • He had an impact on the lives of passed away on September 2, 2007. In addition to the WBA and PBA, Leonard was the nine precious ones to whom he a member of the Pennsylvania Trial Lawyers Association, where he served two terms was known as “PaPa.” I know some as president, the Christian Legal Society, and the Pennsylvania Defense Institute. He of them only as Daisy, LuLu, Nellie, was a deacon, Sunday school teacher, and short-term missionary for the Independent Kicker, and Bitsy. I do not know Baptist Church, in Blairsville. Leonard is survived by his wife, Patricia; five children, their real names. Kevin Reeves and wife, Colleen, of New Alexandria, Becca Reeves, of Wheaton, Ill., • He had an impact Jennifer Saksa and husband, Steve, of Medina, Ohio, Molly Enos and husband, on the lives of the Keith, of Derry, and Patrick Reeves and wife, Jennifer, of New Alexandria; and nine five to whom he grandchildren. The following eulogy was given at his funeral on September 6, 2007. was known as “Dad”: Kevin, by Dwayne E. Ross, Esq. He never tried to make a name Becca, Jennifer, for himself. In fact, he never did any Molly, and Patrick. am truly honored to speak to you advertising, nor even had a business • He had an impact about my partner, Leonard R. card, until I became his partner. He on the life of one Reeves. Let me be clear—I am relied on God to supply. very special person I L not before you to mourn Leonard’s I believe the impact of a man to whom he was death, but to celebrate his life. is often seen in the void he has left known as “hus - Leonard Reeves As he would often recognize in his and the lives he has touched. To say band”—his bride of 51 years, Patty. prayers of thanks when we would have Leonard has touched hundreds—if I am in this group of people upon lunch together, Leonard understood not thousands—of lives would not whose lives Leonard had an impact. You that he was a blessed man. He was be an overstatement. see, Leonard was more than a partner. successful in every aspect of his life, • He had an impact upon lives • He was a mentor. Sixteen years ago but that is not what made him unique. globally in his mission trips to he took a chance when he hired a His uniqueness was in his genuine Bolivia, Mexico, Japan, Guyana, young man who took the bar exam humility with these successes. He and China. There is no way of but had not yet received his results. realized that it all came from God. knowing how many lives have He showed me in both word and He was a material success, but he did been touched with the Gospel example the highest degree of not flaunt it. I remember when I first of Jesus Christ through his labor professionalism. He exhibited met the Reeves family. His daughter, and efforts. how you can be honest and still Jennifer, and I were attending the same • He had an impact upon lives of successful in this profession. Christian school. I would see the Reeves hundreds as a zealous advocate in • He was an English professor. In the family driving in this little Chevy our courts of law. early years of my career, he would Chevette and think, “Why is he driving • He had an impact on the lives of his take what was, in my opinion, a that tin can? He’s an attorney. Why isn’t many colleagues, at the same time well-written brief and mark it with he driving a Mercedes or Lexus?” being a consummate gentleman and pencil. I learned that splitting He was not about show. If you saw a worthy adversary. infinitives was not a physics process. Leonard’s wallet, you would see that • He had an impact on the lives of his • He was a father figure. With my it had duct tape on it. He liked that few friends as an avid hunter and father having passed away 20 years wallet and did not think that he fisherman. With story after story— ago, he became someone I could needed a new one. (By the way, I do from getting caught in a typhoon seek advice from on various issues, not know who he has left that wallet on Kodiak Island to his seaplane someone I looked up to and to in his Will, but I trust that his taking in water as it taxied off—he respected. I especially respected the children will not fight over this family always had an interesting experience close relationship he had with his heirloom.) to tell about. continued on page 4

the the side bar is published bimonthly as a service for members of the EDITORIAL BOARD side bar Westmoreland Bar Association. Letters to the Editor should be sent David J. Millstein, Esq., Editor c/o WBA, 129 North Pennsylvania Avenue, Greensburg, PA 15601- Beth Orbison, Esq., Assistant Editor 2311, fax 724-834-6855, or e-mail [email protected]. the side bar welcomes unsolicited The Hon. Daniel J. Ackerman, submissions from members or non-members. Please submit to the Articles Editor, c/o WBA. Vice President for Amanuenses Back issues from 2000 to the present and a comprehensive, searchable index are available Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor online at www.westbar.org/html/publications. 4 • sid ebar OCTOBER 2007

WBA Members Vote “Yes” continued from page 1 in private practice in Westmoreland that objective, he was a judge in the Committee); Trinity United Church County with the law firm of Scales & Family and Juvenile Division from of Christ, Greensburg (Deacon, Shaw in Greensburg. 1997 –1999, in the Criminal Division Elder); Mt. Pleasant Lions Club; “Henry Shaw, who at the time from 2000 –2004, and has presided in Westmoreland County/Penn State was the only lawyer in Derry, was the Civil and Orphans’ Court Division Cooperative Extension Association a prominent since 2004. (Executive Board and President); community figure Judge Ober has been a member of Westmoreland County 4-H Board of when I was growing and/or held a leadership position in Directors; Westmoreland County up,” explains many professional organizations: the Historical Society (Board of Directors); Judge Ober. “I Pennsylvania Bar Association Westmoreland County Agricultural respected him, (Sustaining Member, Bill of Rights, Fair & Recreation Association and that respect— Bicentennial Committee, Agricultural (Member, Vice-President, Treasurer); coupled with the Law Committee); Westmoreland Bar Pennsylvania Farm Bureau; encouragement of my Association; Westmoreland Academy Westmoreland County Mental Health mother—influenced my decision to of Trial Lawyers (Member 1973 –1997, and Mental Retardation Advisory become a lawyer.” Secretary 1986 –1987, President Board; Slovak-American Beneficial While in private practice, he was 1988 –1989); Western Pennsylvania and Sportsmen’s Club, Hecla; Heifer involved in the litigation of several Trial Lawyers Association (President); Project International (Mid-Atlantic noteworthy cases. He was one of the Pennsylvania Trial Lawyers Association Advisory Committee); Pennsylvania first to try an “air rights” case involving (Board of Directors 1981 –1985); Sheep and Wool Growers Association; low-flying aircraft; he represented Ned J. Nakles American Inn of and Philanthropy Lodge No. 225, Pennsylvania farmers in an action Court (Barrister 1995 to present); F. & A.M. which ultimately resulted in the return and National Board of Trial Advocacy Judge Ober resides on a farm in of $7.5 million in real estate taxes; he (Past Candidate). Mt. Pleasant Township with his wife tried cases involving damage caused to His church and community of 43 years, Carol (Zehr), where they livestock by stray voltage; he litigated a activities include Pennwest Conference raise purebred Southdown sheep. They heart valve failure case in federal court; (United Church of Christ, past Vice have two sons, John and William, and and he tried one of the first Title 7 Moderator, Church and Ministry four grandchildren. (sex discrimination) cases in the 1970s when a woman was unfairly forced to quit her job when she reached her fifth month of pregnancy. Leonard Reeves continued from page 3 In addition, he served as the solicitor for the Municipal Authority wife, his children, and his missionary friend of ours and said, of the Borough of Derry, the grandchildren. “I have given monies to missions Derry Township Supervisors, the • He was a friend. He was always these many years, but I want to give Westmoreland County Agricultural concerned about my family and more.” So he gave of himself. Fair & Recreation Association, the about how I was doing personally. Because of the relationship that Westmoreland Farmland Preservation He made it possible for me to I had with Leonard, while I sorrow Board, and the Westmoreland County purchase the business when I was for his departure and our loss, I Republican Party. unable to do so on my own. sorrow not as those with no hope. After 33 years in private practice • Most importantly, he was my I know that I will see him again in Greensburg, he was appointed by brother in Christ. Leonard and I one day in Heaven, not because of Governor Ridge to fill a vacancy on would often speak of our Saviour, any religion or denomination, but the bench in June of 1997, and then and His love letter he has left because of his faith in Jesus Christ won the election in November of that to us—God’s Word. We would as Saviour. same year. discuss what was happening in our So I do not say “goodbye” to my Shortly after Judge Ober was respective churches and what we partner, but “so long” until we meet elected, he was reminded by a former were teaching, because we both on the other side, and “thank you” classmate that he had said in high taught adult Sunday School class. for your impact on my life as mentor, school, “All I ever want to be in life is Several years ago, before he took his as father figure, as friend, and as an honest judge.” Having achieved first mission trip, he went to a mutual counselor. OCTOBER 2007 sid ebar • 5

Alternative Dispute Resolution in the Western District Court Everything You Need to Know ... But Were Afraid to Ask!

by Karen Engro, Esq., and Four district court judges 3 judges”). The more detailed policies The Hon. Lisa Pupo Lenihan volunteered to participate in the and procedures applicable to the pilot program, the purpose of which program were published on the Court’s n June 1, 2006, the United was to test a proposed ADR program web site, www.pawd.uscourts.gov . States District Court for protocol to see if the experiences of the The purpose of this was to provide the O the Western District parties in our courthouse were actually Court with the flexibility to enhance of Pennsylvania initiated a pilot enhanced by the experience. The the policies and procedures as the pilot Alternative Dispute Resolution Court adopted revised Local Rule 16.2 program progressed. (“ADR”) Program. The purpose of for application to cases which are filed In every case filed in this district, the program was to abide by the on or after June 1, 2006, and are the parties are required to conduct an congressional mandate that the federal assigned to any of the pilot program initial “Meet and Confer” conference courts explore ADR 1 and to fulfill the judges (hereinafter referred to as “pilot pursuant to Local Rule 26(f). Cases mission of the Court, which included in the pilot program are required to “providing an impartial and accessible ______include some additional items of forum for the timely and economical 2 The Mission of the United States District continued on page 6 resolution of legal proceedings….” 2 Court for the Western District of Pennsylvania is to preserve and enhance the rule of law while ______(emphasis added). providing an impartial and accessible forum for 3 The original participating judges were the just, timely and economical resolution of legal Chief Judge Donetta Ambrose, and Judges David ______proceedings within the Court’s jurisdiction, so as Cercone, Thomas Hardiman and Arthur Schwab. 1 Civil Justice Reform Act of 1990, 28 U.S.C. to protect individual rights and liberties, promote Following Judge Hardiman’s elevation to the §471 et. seq., and the Alternate Dispute Resolution public trust and confidence in the judicial system, Third Circuit Court of Appeals, Judge Nora Act of 1998, 28 U.S.C. §651. and to maintain judicial independence. Barry Fischer took his place in the pilot program.

RELUCTANT TO PROCEED INTO UNCERTAIN TERRITORY? As many of you are aware, Fayette County Courts differ from Westmoreland County Courts in their rules, practices and customs. Our Fayette County office and attorneys, including a former Fayette County Assistant District Attorney, can assist you and your clients. BLUM REISS & YEARS OF PLAITANO EXPERIENCE IN A TTORNEYS FAYETTE COUNTY L.L.P. A T L AW DOMESTIC, CIVIL AND CRIMINAL CASES. LOCAL ATTORNEYS YOU CAN COUNT ON 25 Mount Pleasant Office • 724.547.4539 | Greensburg Office • 724.836.4380 | Connellsville Office • 724.628.5020 6 • sid ebar OCTOBER 2007

Everything You Need to Know ... continued from page 5 discussion and proposed ruling in their to the pilot program. Mediation has choice in some cases 5. It is, of course, Rule 26(f) report. These additional been the most commonly used form of entirely possible that the parties may items are a choice of ADR process ADR since the program’s inception. believe that someone educated in a and choice of a Neutral. If the parties As of the date of this article, 184 cases, particular area of the law, or a former cannot agree, the designation is left to 70%, have been referred to mediation. judge, would be more effective in the judicial officer at the subsequent That is likely because it is the form helping the parties reach resolution. Rule 16 conference. that is best understood by the parties This choice is left to the parties. All cases in the pilot program are and counsel. The second, and less used option, is given 150 days to complete discovery. Mediation refers to a process in early neutral evaluation (“ENE”). Thus It is expected, unless agreed to by the which an impartial neutral, selected far, 52 cases, or 20%, have chosen this parties and the court that the ADR by the parties, facilitates negotiations option. The Court suspects that the process, if mediation or early neutral between the parties to help reach a reason for the more moderated use of evaluation, will take place within the mutually acceptable agreement. The ENE is that many parties and lawyers first 60 days of this discovery period. If process is nonadjudicative and involves do not truly understand it. ENE is a the chosen ADR process is arbitration, an impartial neutral person, who can process wherein an impartial attorney the time period will be 90 days. be an attorney or a non-attorney. If an with subject matter expertise, selected Certain limited discovery can take agreement is reached, it is one that is by the parties, provides a nonbinding place prior to the ADR process but mutually agreeable to all parties. The evaluation of the case and is then the goal of the Court is to keep primary function of the mediator available to assist the parties in expenditures to a minimum and should be the enhancement of the reaching agreement if they so choose. only to allow that discovery which is parties’ communication. The role of ENE is a good choice when one or necessary to any potential resolution the mediator is not to evaluate the both parties truly believe that the case decision. If the case does not reach a case or to force either party to agree cannot be settled, or needs to proceed resolution, the case will proceed in to something it is not comfortable through dispositive motions. accordance with the case management with. It is for this reason that a In the common ENE process, order, which may include the filing of mediator need not be schooled in the the parties and their counsel, in a dispositive motions and eventual trial. particular law of a case. Rather, it is confidential session, make compact After fourteen months 4, 263 cases more important that the mediator be presentations of their claims and have been referred to ADR pursuant educated and/or trained in methods of defenses, including key evidence ______facilitation. This further explains why as developed at that juncture. The 4 As of July 27, 2007. non-lawyer mediators may be a good parties submit a written statement of their case in advance of the session. With all parties and counsel present, Considering Mediation the evaluator will then provide a or Arbitration? nonbinding evaluation of the case. A written evaluation can also be Please keep me requested. If the parties and counsel in mind. so desire, the neutral may assist with UM/UIM, PI, Estate settlement or mediation discussions. or Partnership Disputes, We have been advised that this process Professional Liability, is also particularly useful when a Custody lawyer or client is overestimating either the value, or defense, of a Bob Johnston case. The evaluator may help identify Appointed to Federal Court areas of agreement, assess strengths Mediation and Arbitration or weaknesses, and suggest possible Program resolutions. This ADR method works best when the parties or counsel want ______724.834.0300 5 The Court’s neutral list currently has more [email protected] than a dozen non-attorney mediators with a variety of backgrounds including medicine and psychology. OCTOBER 2007 sid ebar • 7 guidance or direction toward settlement training to listen well, and to facilitate cases that remain pending is 93. Of based upon the applicable law, industry communications across party lines as the 250 neutrals available, 73 different practice or technology and the evaluator well as the ability to assist the parties ones have been utilized. has the requisite training and experience. with settlement negotiations. Rates What does this all mean? The The final court-suggested process is for mediators and evaluators are Court believes that the statistics show arbitration. This is nonbinding unless determined by the individual neutral. the program is working. Nationwide the parties agree otherwise, is usually Arbitrators, who are paid by the statistics indicate that 98.2% of all handled through the court, and is at Court, are required to have been cases filed in federal courts do not no cost to the parties. 6 Arbitration admitted to the practice for a go to verdict. In the Western District, has been chosen in seven cases, or 3%. minimum of ten years, have this number is 97.5%. The Western A single arbitrator or panel of arbitra - committed 50% or more of their District’s ADR program shifts this tors (3) can be used. The Court may practice for the last five years to paradigm away from the courthouse encourage a single arbitrator simply litigation or have substantial steps, leading to an earlier, and for ease of scheduling, but this is experience in serving as a neutral. presumably more fair and less not mandatory. Arbitration is an It is important to note that the list expensive resolution. It is the Court’s expedited, adversarial hearing and of neutrals is provided as a courtesy hope that this will result in happier under the program procedures, the to litigants. There is, however, no litigants, and therefore, happier clients. arbitrators are not to become involved requirement that the parties choose Undoubtedly, if a case is resolved in settlement discussions. In addition someone from the Court’s list. If the through this process, it provides the to court-sponsored arbitration, parties agree on a neutral that is not litigants with more control over their litigants are always free to choose on the list, they are to simply provide disputes and the eventual solutions. private arbitration at their own their name and information to the The Court is continuing to expense. Court at the Rule 16 conference evaluate the program and sincerely In order to assist in utilizing the and/or in the Rule 26(f) report so wants feedback, either via the ADR process, the court has developed that an appropriate referral order evaluation forms for those who a pool of potential neutrals, each listed can be entered. have participated, or via e-mails with a short biography on the court’s All civil actions filed with the to the ADR Coordinator 9 at web site under the ADR heading. four pilot judges are presumed to be [email protected]. Each of these neutrals has been part of the ADR process, with the gov. The policies and procedures, preliminarily screened by the ADR exception of social security appeals posted on the Court’s web site, are Coordinator and a judicial panel. and prisoner civil rights cases. open to revision, and comments Minimum qualifications for attorney Exemptions are granted on a and suggestions on these are greatly mediators are seven years in practice, case-by-case basis by a showing of appreciated as well. The Court has substantial experience in civil litigation good cause to the judge at the case been engaged in an outreach to the in federal court, and 40 hours of management conference and/or by legal community, speaking to groups mediation training with at least motion. Thus far, there have been of neutrals, various organizations 16 hours of simulation experience. 7 20 cases exempted from the process, within the bar, frequent users of the Non-attorney mediators must hold across a variety of case types. 8 program and individual firms. Your appropriate credentials in another To date, 696 cases have participated opinions and suggestions are needed discipline, have 40 hours of mediation in the ADR pilot. Of these, 446 have and your support and understanding training, and experience mediating a closed, 327 resolved before the initial of the program is crucial if it is to be minimum of five cases. case management conference, and 72 a success. Early neutral evaluators must have settled after the ADR conference. An ______been active in the practice of law for additional 47 settled after a court order 9 Karen Engro, the co-author, is serving as the ADR coordinator for the Western District Court. a minimum of 15 years, and have referring the case to an ADR process substantial expertise in the subject but without the filing of a neutral matter of the cases assigned to them. report. Therefore, there is no ability LawSpeak Both mediators and evaluators are to track whether the ADR process required to have the temperament and actually took place. The number of “There are many mysteries; but incompetence is not one of them.” ______6 The rates paid by the Court to the 8 Types of exempted cases were ERISA, — Ernest Hemingway, arbitrator(s) were set by the Judicial Conference bankruptcy, interpleader, personal injury, tax, “Death in the Afternoon” in 1991 and remain at $250 per single arbitrator withdrawal of reference, ADA, other statutory, (Charles Scribner & Sons, and $100 per arbitrator for a panel of three. civil rights, contract and exoneration/limitation New York, 1932, page 54) 7 This requirement has been extended to of liability. December 31, 2007, for completion. 8 • sid ebar OCTOBER 2007 “Help Yourself” at the Law Library

by Betty Ward, Westmoreland County which includes more recent common guides intended to help get you started Law Librarian pleas court decisions from all doing research on a particular topic. Pennsylvania counties, including Our list of 30 frequently requested n an attempt to make local court Westmoreland County. topics—such as Advance Directives opinions, ordinances, and other for Health Care, Limited Liability I local information more accessible LOCAL ORDINANCES Companies, Oil and Gas Rights, Will to the public, the law library has A “keyword” searchable database Contests, etc.—include material from created in-house databases and guides and a directory have been compiled, the Pennsylvania Bar Institute, online to assist our users with their research. beginning with proposed ordinances information, and pertinent chapters that have been submitted to the Law and sections from various reference WESTMORELAND COUNTY COURT Library since 1999. Prior ordinances sets located in our law library. All the OF COMMON PLEAS OPINIONS and codes may be searched manually material listed is available at our law A database of the opinions of the judges and are categorized alphabetically by library. Pathfinders are located at the of the Westmoreland County Court of municipality. circulation desk near the check out area. Common Pleas has been created to In addition, Allegheny Township, Cindy Woods, Library Assistant, enable you to search for a published the City of Greensburg, Hempfield does a great job of updating the opinion by citation, keyword, party, Township, Ligonier Township, the date, judge or attorney. This is a work Municipality of Murrysville, Penn various databases and guides on a in progress and is not yet complete, Township, Rostraver Township, and regular basis. If you have any questions but it can be used to locate many older the Borough of Trafford have their concerning this information or would published court of common pleas opin - codes available online for free at like help in using any of this material, ions that appear in the Westmoreland www.generalcode.com . please contact either Cindy Woods at Law Journal, the District and County 724-830-3266, or Betty Ward, Law Reports and the Fiduciary Reporter. In PATHFINDERS Librarian, at 724-830-3267. We look addition the Law Library subscribes to You may remember using Pathfinders forward to hearing from you to help an online service, palawlibrary.com , in your college libraries—one-page with any of your research needs. OCTOBER 2007 sid ebar • 9

AlterEgo: B. EarEnaesrnt iLeonLgo,nAgtt,oOrnuetdy oorsman

Interviewed by Beth Orbison, Esq.

Q I RECENTLY LEARNED THAT IN AUGUST OF THIS YEAR YOU REACHED A BENCHMARK—YOU HAVE BEEN AN ATTORNEY IN WESTMORELAND COUNTY FOR 50 YEARS. ALTHOUGH I KNOW THAT THERE ARE MANY STORIES TO TELL ABOUT THOSE 50 YEARS OF PRACTICING LAW, I HEAR THAT YOU ARE AN AVID HUNTER AND FISHERMAN, AND I AM INTERESTED IN LEARNING MORE ABOUT THAT. WHEN DID YOUR INTEREST IN HUNTING BEGIN?

A I was born, raised and went to L school in Export. My father wasn’t a Above: Earnie Long (center) with his packer, hunter, but my friends got me interested guide, and quarry. Photo by Leonard Reeves. in the sport. As boys, we’d hunt pheasants, rabbits and deer. That At right: Earnie Long was when there were still pheasants to hunt in western Pennsylvania. Alaska, to hunt bear. We walked in hip boots through the snow in October, Q WHEN DID YOU BEGIN following bear tracks into an alder patch. TRAVELING TO LOCATIONS When you can’t see any tracks coming OUTSIDE OF WESTERN back out, you know that the bear is in PENNSYLVANIA TO PURSUE there. That’s how you get them. A In 1969, we hosted the first annual YOUR INTEREST IN HUNTING? Then in 1970, Leonard and I took my game dinner on the first Saturday A In 1967, Leonard Reeves stopped son, Wesley, who was only 14 years old of February. That year we came back me in the Courthouse and said that he at the time, to the Brooks Mountain from hunting with 60 to 80 geese and needed $50. Wanting to help him out, I Range in Alaska, way above the Arctic decided to have a dinner because we pulled $50 out of Range. There, we didn’t know what else to do with all of my wallet and hunted dall sheep, it. We hired two women to cook and handed it to him. The gods do not caribou, and about 25 to 30 men attended that first He said, “You moose. We would dinner. Over the years it has expanded just made a down deduct from bring back the considerably—people bring all kinds payment on a trip man’s allotted heads and have of game to the dinner and now a to James Bay in them mounted, couple hundred people show up Canada where span the hours but Alaskan law for the annual feast. we’re going goose spent in fishing. requires you hunting.” That to use the meat Q DO YOU CONTINUE TO HUNT was the beginning — Babylonian for human AS MUCH AS YOU USED TO? of what would be proverb consumption— A I don’t hunt anymore, but I con - 30 years of hunt - you can’t use it tinue to enjoy fishing. My wife and I ing in James Bay for animal feed have gone six of the last seven years to in the southern part of the Hudson Bay. or waste it. So the meat was taken by Great Bear Lake inside the Arctic Circle the guide and distributed to people in the Northwest Territories. We fly to Q BUT I HAVE HEARD THAT for food. Winnipeg, Manitoba, and then board a YOUR ADVENTURES ARE NOT jet that takes you to the lodge on the LIMITED TO HUNTING SMALL Q YOUR ANNUAL GAME DINNER lake. The jet is a 737 that lands on a GAME AND BIRDS. AT THE MOOSE CLUB IN EXPORT gravel airstrip. There is nothing there A That’s right. The next year—in 1968 IS LEGENDARY. WHEN DID YOU except the lodge, and that is only open BEGIN TO HOST THAT? —Leonard and I went to Kodiak Island, continued on page 10 10 • sid ebar OCTOBER 2007 Candid Camera : Courthouse Centennial Gala L Try as she might, Annaliese cannot hide her mirth that, yes, Becky was wearing white and, yes, it was after Labor Day. L L And so, Barbara smiles bravely for the “To get to the other side! camera while Len once again warbles How much more of an his best impression of the bald-headed explanation do you need?” whippoorwill's mating call.

Alter Ego: B. Earnest Long continued from page 9 L in the months of July and August because Great Bear Lake, the “And now, for the pièce de résistance of our Date-A-Judge fourth largest lake in North America, is frozen the rest of the year. event, shall we start the bidding at, say, two bits?” Typically there are only about 30 guests in the main lodge.

Q DESCRIBE A TYPICAL DAY OF FISHING AT GREAT BEAR LAKE. A Usually, two fishermen and a guide will go out in an 18-foot boat, but there are also float planes that will fly to various coves around the lake. The temperature in August could be 70 degrees or 50 degrees, you never know, so you have to be prepared with warm gear. And the lake is so large that sometimes you can’t fish because of the 6- to 10-foot-high waves. We are fishing for grayling or lake trout. The lake trout can grow to 73 pounds—the biggest one I ever caught was 45 pounds, and my wife has caught a 32-pound trout. To catch a lake trout you troll with a fishing rod and reel using a frozen herring or lures for bait. We use a sinker to get it down to 20 feet or so, and use barbless fishhooks so the fish aren’t injured. All of the fishing is “catch and release,” with one exception—early in the day the guide will keep one for a shore lunch. For lunch, the guide will prepare the day’s catch and some canned vegetables on a grate supported by rocks over an open fire. The lake trout has pink flesh like salmon and unlike the flesh of most trout caught in a stream. The guides are great and the food is excellent.

Q WHERE ELSE HAVE YOU OR DO YOU GO FISHING? A I usually take two fishing trips a year, one to Great Bear Lake and another in May or June in Quebec. I have gone deep-sea fishing in Acapulco, too, where my wife once caught a big sailfish. I enjoy traveling, so I don’t even have a Pennsylvania fishing license anymore. OCTOBER 2007 sid ebar • 11 To-Wit: Found in Translation

by S. Sponte, Esq. counsel the way I dictated it. It’s the No, it usually takes plethora of hyphenated adjectives that something pretty knew something was on her mind clues her in. significant to because she brought the letter in The letter was gloriously merciless. warrant such I for me to sign and just stood there In terms of the vituperative quality of stylish excoriation, tapping her foot. “Yes?” I queried, the phrases and the artful, elegant way and on this looking up at her over the top of those they were strung together, it was a occasion—but in damned reading glasses Father Time no other in his has gifted me. career of which “Well, I typed it the way you Now I don’t I am aware— dictated it,” she said, “and now I’m dictate these opposing counsel just waiting for your changes.” had been successful. “If there are changes I’ll let you kinds of letters to Yet though I often dictate such know,” I snapped with a modicum opposing counsel letters with scorching earnestness, I of irritation, and she turned to go. simply because almost always edit them with arctic But by the time she’d taken no more prudence. When depositing such than two steps, I’d read through the I’m irked. I’m things in the US mail, there are issues entire salutation and I bade her stop. always irked. of professional courtesy to consider. “I can’t say this,” I said, and, as always, There are also those pesky federal she smirked. obscenity laws. So I cleaned up the This is our ritual and over our work of art. I had broken new ground letter, removing all but a few veiled more than thirty years together we and probably a few new laws as well. references to lineage, and off it went, have reenacted it perhaps a thousand Now I don’t dictate these kinds of bearing precious little resemblance to times—a year. She always knows when letters to opposing counsel simply the document of original intent. I can’t send out a letter to opposing because I’m irked. I’m always irked. continued on page 12

When your client needs a good criminal lawyer ...

The Criminal Law Group at

Dennis Persin Bob Johnston John Greiner Jeff Monzo Nancy Harris Recommended by lawyers and clients across Pennsylvania since 1933 Lisa Galloway Monzo 724.834.0300 • beldenlaw.com • 117 N. Main Street, Greensburg, PA 15601 Brian Aston 12 • sid ebar OCTOBER 2007

To-Wit: Found in On The Move ... Translation continued from page 11 CINDY STINE, ESQ., announces the opening of It would be a mistake for you to “NO OTHER LAWYER I KNOW STINE & ASSOCIATES, P.C., conclude from this that my epistles to COULD GET THIS KIND OF OFFER with offices at 231 S. Main opposing counsel always go out whisk FROM ME” —“Only a clown like you St., Ste. 205, Greensburg broom clean. Oh no, I am not nearly would take this offer seriously.” (724-837-0160) and 1030 that genteel—or professional. I have, “YOU DID A MARVELOUS JOB Fifth Avenue, Pittsburgh, PA over the years, developed a series of ON THIS CASE” —“Thanks so much, 15219 (412-338-9411). words and phrases which, although I couldn’t have won this case if you seemingly harmless on the surface, weren’t so inept.” nonetheless give sufficient vent to my “PERHAPS YOU MIGHT WISH ire-laden spleen. You just have to know TO RETHINK YOUR POSITION” — Welcome Home, an how to translate them, and now, just “Even the trial court would find it emergency shelter laughable.” because I love you, that’s what I intend for families and to do. “SURELY THIS CASE CAN BE So if you and I have locked horns RESOLVED AMICABLY” —“No women with children, over the last four decades, this might decent lawyer would make me do any is in need of office be a keen time for you to dig out real work on this pissant case.” equipment. If you some of those old files, pull out the “I KNOW YOU WILL TAKE THIS would like to make correspondence and follow along. I IN THE SPIRIT WITH WHICH IT IS a tax-deductible do not intend to embarrass, annoy or INTENDED” —“Thank God there is donation to the anger. Rather I intend this as a paean no chance you could ever understand shelter, please call what I’m really up to.” to the subtlety of the English language. 724-838-9133. I know you will take this in the spirit with which it is intended. © 2007, S. Sponte, Esq.

GREENSBURG HELP YOUR CLIENTS 6 Garden Center Drive Greensburg, PA 15601 MAKE SOUND (724) 832-8400 RETIREMENT CHOICES NORTH HUNTINGDON 12921 Lincoln Way Total Continuum of Care Style of Living North Huntingdon, PA 15642 • Senior Apartments Monthly apartment fee provides (724) 864-5811 • Personal Care the following services: MURRYSVILLE • Memory Impairment Program • Restaurant Style Dining • Nursing Care • Scheduled Transportation 4951 Cline Hollow Road • Barber/Beauty Shop Murrysville, PA 15668 Financial Security • Bank (724) 733-9494 Residents at Redstone Highlands • Excercise Room are not asked to leave if, through • Maid Service no fault of their own, they • Maintenance Service exhaust their resources. • Personal Security

Senior living communities www.redstonehighlands.org OCTOBER 2007 sid ebar • 13

July 2007 Civil Trial Term Jury Trial Verdicts by Rachel Huss, Esq., Charles J. Dangelo, Esq., and Thomas L. Jones, Esq.

f thirty-three cases listed for MELISSA A. TORRANCE the July 2007 Civil Jury Trial V. OTerm, eight settled, eleven ANDREW HEROLD AND were continued, one non pros was JOYCE E. HEROLD entered, one was scheduled for a non- NO. 4180 OF 2004 jury trial, four verdicts were rendered Cause of Action: Negligence— and eight were held to the next trial Motor Vehicle Accident term. The jury verdicts for the July On June 15, 2002, Plaintiff Melissa trial term are summarized below. A. Torrance was stopped in her vehicle at a traffic light, when a vehicle driven PAUL E. GROSE AND ESTELLA by Defendant Andrew Herold struck GROSE, HUSBAND AND WIFE her from behind. The impact caused V. Plaintiff’s vehicle to move forward GEOFFREY J. BISIGNANI, M.D., AN and strike the vehicle in front of her. ADULT INDIVIDUAL AND G.U. INC., Thereafter, Plaintiff filed a complaint A PENNSYLVANIA CORPORATION alleging that, as a result of Defendant’s NO. 2790 OF 2005 negligence, she sustained various Cause of Action: Professional injuries including a torn rotator cuff, Negligence—Medical Malpractice office in the company of his wife. herniated cervical discs, and neck pain Husband-Plaintiff, Paul E. Grose, Further, Defendants maintained that it and spasms. Plaintiff also indicated age 78, went to the office of the is not necessary to check vital signs of in the complaint that she had selected Defendant-Physician to have a prostate a patient prior to discharge after this limited tort insurance coverage and procedure performed. The procedure type of procedure. was seeking non-economic damages was successful and Husband-Plaintiff Plaintiffs’ Counsel: Douglas L. Price, on the theory that she sustained left the office. He waited outside the Harry S. Cohen & Associates, PC, Pgh. serious bodily injuries. building under a covered entranceway Defendants’ Counsel: Bernard R. Rizza, At trial, Plaintiff testified with while his wife, who accompanied him, Matis Baum Rizza O’Connor, Pgh. regard to the circumstances of the went to get the car. When his wife Trial Judge: The Hon. Daniel J. vehicle accident, her medical history brought the car, she saw him fall Ackerman and treatment, and the physical backwards onto the pavement, where Result: Molded verdict in favor problems that she experiences. Plaintiff he struck his head. Eventually, it of Defendant. The jury found that presented medical evidence indicating was determined that he suffered a Defendant-Physician was not negligent that she sustained cervical disc injuries permanent brain injury, which has in the manner he discharged the and radiculopathy as a result of caused some cognitive impairment. Plaintiff. the June 15, 2002, accident. She In the action against Defendants for underwent surgery to treat her cervical negligent discharge, Plaintiffs contend condition in April of 2003, and additional surgery is recommended. that Husband-Plaintiff fainted prior to As of October 17, 2005 falling and that Defendant-Physician The Bankruptcy Abuse Consumer Defendants admitted liability for was negligent in failing to monitor his Protection Act took effect. the accident, but disputed causation and damages. Defendants presented vital signs by checking his blood pres - Mazzei & Associates sure and pulse before he left the office medical evidence showing that Will gladly accept all Plaintiff’s complaints are unrelated and by failing to provide an escort. Bankruptcy Referrals to the June 15, 2002, accident. The The Defendants’ contention was (724) 836-0360 evidence demonstrated that, prior to that the prescriptions used relative to Greensburg the procedure would not have caused A Debt Relief Agency helping people file for the accident, Plaintiff had complaints Husband-Plaintiff to faint or cause a relief Under the Bankruptcy Code of neck pain, and that she suffered decrease in blood pressure, and that he www.debt-be-gone.com from pre-existing degenerative cervical was in good health when he left the continued on page 14 14 • sid ebar OCTOBER 2007

Jury Trial Verdicts continued from page 13 spondylitic disease and degenerative treatments in the Plaintiffs’ Defendant’s Counsel: Bernard P. discogenic disease. The evidence also residence. Plaintiffs paid Defendant Matthews, Jr., Meyer, Darragh, Buckler, revealed that Plaintiff had a remarkable approximately one-half of the total Bebenek & Eck, P.L.L.C., Gbg. medical history and was suffering from price. Defendant began working on Trial Judge: The Hon. Gary P. a host of serious medical conditions. the kitchen and building cabinets Caruso Plaintiff’s Counsel: Thomas D. Hall, but did not complete the contract. Result: A nonsuit was granted as Woomer & Hall, L.L.P., Pgh. Plaintiffs asserted that Defendant to Plaintiffs’ claim. As to the counter - Defendants’ Counsel: Mark J. Golen, failed to perform the job in a good claim, a verdict was entered in favor Summers, McDonnell, Hudock, and workmanlike manner and, as a of Counterclaim Plaintiff and against Guthrie & Skeel, Pgh. result, Plaintiffs were required to hire Counterclaim Defendants, but no Trial Judge: The Hon. William J. other contractors to complete the monetary damages were awarded (the Ober work. Plaintiffs maintained they jury found that both parties breached Result: Verdict in favor of suffered losses in the amount of the contract). Defendants. $21,450.00, as well as the loss of the use of the kitchen and other areas of MICHAEL J. LEGGENS ORBIN SWISSHELM AND their home. V. KAY SWISSHELM, HIS WIFE Defendant argued it performed in a JOAN PETRAS V. proper and workmanlike manner in NO. 8327 OF 2004 EDS DESIGN, INC. accordance with the contract, Plaintiffs Cause of Action: Negligence— NO. 9413 OF 2005 failed and/or refused to permit the Motor Vehicle Accident Defendant to complete the job, Cause of Action: Breach of Contract— On June 6, 2003, Plaintiff Arbitration Appeal Plaintiffs failed and/or refused to cooperate in making various selections was operating his vehicle in New On or about June 20, 2005, the required to complete the job, and Kensington, Westmoreland County, parties entered into a contract for Plaintiffs otherwise breached the con - traveling north on Tarentum Bridge Defendant to install a custom kitchen tract. Defendant filed a counterclaim Road. Defendant was operating her and new floor. The contract was asserting it was owed the sum of vehicle traveling east on Carl Avenue. subsequently amended to include the $20,774.19 pursuant to the contract, At the four-way intersection of installation of a medallion in the front as amended. Tarentum Bridge Road and Carl hallway, a new dining room floor, a Plaintiffs’ Counsel: David J. Eckle, Avenue, the front of Plaintiff’s vehicle new front door, and all of the window Monroeville collided with the passenger’s side of Defendant’s vehicle. Plaintiff maintained that Defendant was operating her vehicle in a careless JOHN M. N OBLE , E SQ . and negligent manner and, as a direct Experienced Effective Dispute Resolution and proximate result of the accident, Plaintiff sustained serious bodily O Personal Injury O UIM/UM O Construction injuries, including injuries to the O Complex Medical Malpractice O Products Liability spine, shoulder, wrist, and knees. O Bad Faith O Property Claims/Fire Loss Plaintiff sought recovery for unpaid O Partnership Disputes O Liquor Liability medical expenses, lost wages, and O School District Liability O Contract Disputes damages for pain and suffering. O Pharmacy Liability O Mold Claims O ERISA Defendant averred that Plaintiff O Professional Liability O Real Estate Disputes had not suffered a serious injury as O O O Sexual Assault Claims FELA Custody defined in the Pennsylvania Motor Appointed Federal Mediator, Arbitrator and Vehicle Financial Responsibility Early Neutral Evaluator for the Western District. Law. At trial, Defendant contested OHN OBL E SQ J M. N , E . causation, arguing that Plaintiff had (724) 853-2296 numerous pre-existing conditions and FAX : (724) 836-0532 MEYE R•DARRAG H•BUCKLE R•BEBENEK &ECK 114 S OUTH MAIN STREET , G REENSBURG , PA 15601 a history of treatment for injuries that [email protected] Visit noblemediation.com for a list of recent mediations, he claimed resulted from the accident. [email protected] publications, curriculum vitae and sample mediation agreement. continued on page 19 OCTOBER 2007 sid ebar • 15

Westmoreland Revisited JFK: In Praise of One of Our Own by The Hon. Daniel J. Ackerman

n 1957, John F. Kennedy was not There is no denying the fact a household name, though he was that the Senate since that day I a United States Senator. A year in Philadelphia has contained earlier he sought the vice-presidential members—not all of them nomination at the Democratic young—who courted popularity at Convention but did not receive it. the expense of justice, truth, and And some knew that he had written wisdom. But it is also true that a popular history titled “Profiles in such Senators have in the end Courage.” The book, enjoyed less esteem that those who as you are likely chose, in Webster’s words, to push aware, was an their “skiff from the shore alone” anthology of vignettes into a hostile and turbulent sea. about great Americans One such courageous Senator who, in defense of was a little-known man from principle, dared to Pennsylvania, Edgar Cowan. L risk their political Senator Cowan was one of those This portrait of Senator Edgar Cowan reputations. whose conscience led him to break hangs on the back wall of Courtroom 5 in He was forty years with his party and state in the the Westmoreland County Courthouse. L old when he appeared bitter days that followed the The Hon. Daniel J. in Easton, Pa., on outbreak of the Civil War. A very Indiana. As a result, he was Ackerman October 30, 1957, able lawyer from Westmoreland bitterly denounced by his state and to address a Democratic political County in the western part of your party. Senate Republican leader gathering. Not surprisingly, political state, he was elected to the Senate Ben Wade called Cowan the courage was his chosen theme. To in 1861 at the age of 45 as one “watchdog of slavery.” The make his point, he told the audience of Pennsylvania’s most prominent Republicans of Allegheny County about another senator, a Republican Republicans. But he could not officially censured him at their senator who served in the upper agree with the more radical leaders annual convention. chamber almost a hundred years of his party that the purpose of But Edgar Cowan stood firm in before, whose courage Kennedy the war was the conquest of the his adherence to the Constitution admired. The man was Edgar Cowan, southern states—instead of the and his own ideals—and, in the the only person from Westmoreland suppression of a rebellion. He turbulent reconstruction period County ever elected to the United refused to support his party’s that followed the end of hostilities, States Senate, and a Westmoreland confiscation act, legal tender act, he refused to follow those Senate County lawyer. national bank act and attempted Republican leaders who wanted The following is an excerpt from expulsion of Senator Bright of Andrew Johnson to administer Senator Kennedy’s speech: the downtrodden southern states It was here in Pennsylvania that as conquered provinces which the Senate first decided in 1794 to SecuriKey Investigations had forfeited their rights under open its sessions to the public by Licensed Private Investigators the Constitution. Believing providing galleries for spectators. Working with Fortune • Investigations instead that a charitable and “Some of the younger members,” 500 companies, lawyers, • Witness Locates Constitutional approach to and private citizens to • Executive Protection provide professional, reconstruction had been desired by Vice President Adams warned, • Asset Searches thorough service to each “may descend from their dignity so client in a timely manner • Surveillance his idol Abraham Lincoln—for far, perhaps, as to court popularity through our network of • Applicant Credential whom he had been an elector in professional investiga - Verification at the expense of justice, truth and tors worldwide. • Due Diligence 1860—Edgar Cowan attended a national unity convention in wisdom, by flattering the prejudices PA License: 4CV2005 AZ License: 1003105 of the audience, but I think they Proud Investigative Professionals since 1998 Philadelphia in 1866 and served 724.235.9700 602.616.1994 as chairman of its committee on will lose more esteem than they will www.securikey-investigations.com acquire by such means.” continued on page 17 16 • sid ebar OCTOBER 2007 A Sketch of Other Portraits in Courtroom 5

JUDGE THOMAS WHITE , estate lawyers in the state, but was best known as a whose portrait hangs behind the politician. He served three terms in the United States jury box, was a native of Indiana Congress with terms beginning in 1842, 1844, and County, which was a part of the 1870. During the hiatus in his congressional service he Tenth Judicial District when he served in the Pennsylvania Legislature during the 1857 was appointed president judge on and 1858 sessions, and in 1860 was the Democratic December 13, 1836. He presided candidate for governor. in the court until 1847. During the Civil War he was designated a JUDGE JOSEPH commissioner in what was called BUFFINGTON, whose the “Peace Convention” which met in Washington. portrait is in the place to He was active in the Indiana Agricultural Society. the right of that of Judge Burrell’s, who he would JUDGE JEREMIAH MURRY eventually succeed on the BURRELL appears twice; one bench, was a resident of portrait hangs on the back wall Kittanning, Armstrong and the other is painted in the County, which was then center circle high above the jury included in the Tenth box. Born in Murrysville, he Judicial District. He was elected to Congress as a Whig attended Jefferson College. candidate in 1843. In 1849, he was appointed president He was admitted to the judge of the Eighteenth Judicial District, composed bar in 1835 and in of the counties of Clarion, Elk, Jefferson and Venango. 1839 he became the President Fillmore appointed him Chief Justice of Utah owner and editor Territory but he declined the honor. When Judge Burrell of the Pennsylvania resigned from our court in 1855, he was appointed as Argus, and later a president judge, a position he held until 1871, a year member of the before his death. General Assembly. He was appointed JUDGE ALEXANDER to the bench and MCCONNELL ’s portrait, painted served one year, by B. F. Ward, hangs on the 1847 to 1848; and then again from 1851 to 1855. courtroom’s Pittsburgh Street wall. In 1855 President Pierce appointed him judge of the He served on our court from 1895 Territorial District of Kansas during the tumultuous to his death in 1921. He and period when the slavery issue turned Kansas and Judge Lucian Doty were subject to Nebraska into a battleground. In 1856, at age 41 he a rigorous public examination contracted malaria and returned home to Greensburg concerning the plans to build the to die on October 21 of that year. present courthouse; the original plans were rejected in 1887 and subsequent plans were HENRY D. FOSTER, approved in 1901. He hailed the new courthouse as ESQ., whose portrait “Worthy of the past history of our county, adequate for occupies the space to its present use and provident for its future growth.” the left of that of Judge Burrell’s above the jury box, was admitted to SOURCES: practice in 1829. He • George Dallas Albert, History of Westmoreland was considered one of County, L. H. Everts & Co., 1882 the most skilled real • Tribune-Review, Focus, May 29, 1983 OCTOBER 2007 sid ebar • 17

JFK: In Praise of One of Our Own continued from page 15

resolutions. As the reward for his D. Foster, was admitted to the bar in he was one of the county’s most pro - courage, Pennsylvania denied 1842, and established a practice in lific trial lawyers. (The Seventeenth Edgar Cowen reelection to the Greensburg. His early years were Amendment providing for the direct Senate, and when Andrew Johnson somewhat reminiscent of Lincoln’s, election of United States Senators did nominated him to be Minister to in that he combined a desire for not become a part of the Constitution Austria, his own former colleagues education with a capacity for rugged until 1913.) in Washington—caught up in the work. He was engaged in carpentry, It appears that he became politically maelstrom of what Claude Bowers boat building, coal mining, ran a active when he attached himself to aptly termed an age of hate— keelboat on the Youghiogheny River John C. Frémont’s campaign for refused to confirm his nomination. carrying produce and merchandise, president in 1856. Apart from his term But before Edgar Cowan died in and was a schoolteacher in West in the senate (1861 –1867) the only 1865[sic], both the wisdom and Newton. He appears somewhat office he held was that of Greensburg the courage of his course were Lincolnesque in his portraits and school director. During his term in the recognized in Washington and both were six foot four inches tall. senate he served as chairman of the Pennsylvania alike. He married Lucy Oliver of West Committee on Patents and the Patent The date of Edgar Cowan’s death in Newton the same year he was admit - Office. And, as a bit of minutiae that Kennedy’s speech is incorrect. He died ted to the bar and eight years later could only be of interest to Civil War August 31, 1885, and is interred in moved the family residence to West buffs, he authored the $300 clause in Greensburg’s St. Clair Cemetery. Pittsburgh Street in Greensburg. The the conscription law. His life began in Sewickley family included three children, one of Many nineteenth century lawyers Township on September 19, 1815. whom, Frank, became a lawyer and were steeped in the classics but He studied Latin at the Greensburg physician (see the sidebar, July-August Edgar Cowan stood out among Academy and graduated from Franklin 2006 at 15). From 1850 to his them. A war correspondent for the College (Ohio) in 1839. Cowan read appointment to the United States London Telegraph assigned to cover law with a local lawyer, General Henry Senate in 1861 by the state legislature continued on page 18

Banking Insurance Trust Financial Management Investments

800-711-BANK (2265) 877-816-1801 TTY Line fcbanking.com

FCB Member FDIC Equal Opportunity Lender 18 • sid ebar OCTOBER 2007 JFK: In Praise of One of CLE Costs Our Own continued from page 17 to Increase

Washington wrote, “Senator Cowan looking forward to a few years of Effective was the ablest Shakespearian scholar I ease and comfort, which a life of ever met in America.” Yet as a lawyer unusual industry had warranted January he had a common touch. There is a and made possible. He spent his story about a juror on one of his cases days mostly in having someone to 2008 telling a friend after a verdict in favor read to him; in looking after his of Cowan’s client that Mr. Cowan somewhat extensive property and in he cost to attend Continuing must be an ignorant man like himself social engagements becoming an Legal Education seminars at because he did not use any big words elderly gentleman of his disposition T the Westmoreland Bar in court, but nonetheless he found his and attainments. Occasionally he Association will be increasing effective argument most persuasive. assisted in trials when he could January 1, 2008. WBA members who The painted portraits that grace see neither a witness nor juror, pre-register for classes will receive a our courtrooms are all of nineteenth and frequently made the final discount of $10 per credit hour as century judges, with the exception of argument. Without notes he could compared to those who walk in on the three, those of Arthur St. Clair, Henry quote the testimony unerringly and day of the seminar. Attendees who do D. Foster and Edgar Cowan. Cowan’s could apparently talk as eloquently not want CLE credit will pay a flat fee. portrait was unveiled in the law library and forcefully as ever. He also PRE-REGISTRATION FEES of the courthouse on November 6, made a few public addresses and CLE Credit: 1931. John N. Boucher, historian and they were as fresh, as witty and • WBA Members: $30 per credit hour member of the bar, speaking on that interesting as though they were • Non-Members: $50 per credit hour occasion gave us a glimpse of Cowan’s the product of a young man in Non-Credit: later years. the heyday of his life. • $10 flat fee (Waived for Young When he returned from His portrait hangs on the back Lawyers attending but not wanting Washington he resumed the wall of Courtroom 5, now occupied any credit) practice of the law, and was soon by me, and of recent memory by busy in Court. For the next fifteen Judge Loughran, and Judge Sculco WALK-IN FEES years he appeared in nearly all of before him. CLE Credit: the important trials of that day • WBA Members: $40 per credit hour SOURCES: and often in important cases in • Non-Members: $50 per credit hour • John F. Kennedy Presidential Pittsburgh. In the early eighties, Non-Credit: Library and Museum however, his eyesight failed and he • $20 flat fee retired gradually from the duties of • George Dallas Albert, History of his profession. This he did joyfully the County of Westmoreland, L. H. for his life had been a success; he Everts & Co., 1882 Actions of had triumphed over difficulties • Wikipedia which would have overwhelmed • John N. Boucher, Address at the the Board most young men; he had gathered Westmoreland County Law Library, the brightest laurels both in the bar November 6, 1931, Westmoreland JULY 17, 2007 and in the Senate, and he was County Historical Association • Accepted Membership Committee recommendation: Kerrin Rector, associate. ATTENTION ATTORNEYS, PARALEGALS • Investment Advisory Committee AND LEGAL SECRETARIES reported that bar association investments are performing higher Looking to hire or be hired? The Westmoreland Bar than the S&P 500. Association operates an informal placement service for paralegals, legal secretaries and attorneys by collecting résumés and forwarding them to potential employers at no cost. Contact Bar Headquarters at 724-834-6730 or e-mail [email protected] for more information. wba OCTOBER 2007 sid ebar • 19

• Treasurer DeDiana and Mrs. were asked to make suggestions to • Voted to charge attendees at the Krivoniak met with Irwin Bank fill these openings. quarterly meeting a flat rate of $20. reps; WBA can use its investments • Approved request from Lawyers • Reviewed the proposed changes as collateral for an emergency line of Assistance Committee for permission in the CLE costs for members and credit and Irwin can lend $100,000 to place LCL fliers in issues of the non-members and for those who for prime +1%. sidebar to talk about the availability pre-register and walk-ins; agreed to • President Whelton met with E-Filing of help for attorneys in need. review and vote via e-mail. Committee Co-Chairs Jim Horchak and Jayson Lawson; next step is AUGUST 21, 2007 to meet with surrounding bar • Accepted Membership Committee association reps to discuss recommendation: April Knizner, Jury Trial cooperative venture in e-filing. associate. • Agreed that a representative of the • Voted to accept the commitment Verdicts from Irwin Bank for a line of credit. WBA board should be at every continued from page 14 funeral service of a WBA member. • E-Filing Committee organized by • President Whelton reported that the courts met on August 21; WBA Defendant presented testimony of a John Hauser will attend the PBA reps on this committee include Jim new admittee ceremony as WBA’s Horchak, Jayson Lawson, and medical expert, who opined that the representative; YL Chair DeAnn Charlie Jelley. unreimbursed medical bills in question McCoy will attend as established in • Voted to pass on the PBA dues were not related to the subject accident reimbursement policy. increase (current and future) to the and, additionally, that none of the • President Whelton reported an WBA membership and spread out claimed lost wages or unreimbursed increase in 2008 PBA dues in the the $35 from previous PBA dues chiropractic bills were reasonable or amount of $15. increase over the next four years necessary. • Mrs. Krivoniak e-mailed press ($10/year for three years; $5 for Plaintiff’s Counsel: Robert Paul releases from WBA retention last year). Vincler, Robert Vincler & Associates, balloting to the PBA for uploading • Agreed to be the gold sponsor for Pgh. on the pavotesmart.com website. 40th anniversary of Laurel Legal Defendant’s Counsel: Scott O. Mears, • Reviewed spreadsheet on CLE Services at a cost of $2500. Jr., Mears, Smith, Houser & Boyle, seminar attendance which showed • Ellen Freedman is booked for the P.C., Gbg. that attorneys don’t pre-register for fall quarterly meeting at Greensburg Trial Judge: The Hon. Gary P. seminars. Civic Center on Thursday October 25. Caruso • Agreed to review suggested CLE ComDoc agreed to be a sponsor Result: Verdict in favor of pricing changes which would and will bring its copiers for bar Defendant. charge attorneys who are walk-ins members to view. an additional fee. • Mrs. Krivoniak is meeting with Computer Connections to discuss possibility of establishing remote Lawyers Abstract Company CLE viewing area on first floor. It is hoped that the WBA can apply for of Westmoreland County grant money to cover these costs. • YL Chair DeAnn McCoy reported that 35 WEST OTTERMAN STREET the first Lunch and Learn took place at end of June and a July YL party GREENSBURG, PA 15601 was a success. • Agreed to ask medical society to Telephone 724 - 834-2822 join the bar association for the Fall Gathering. • Fee Dispute Committee advised that Agents for Commonwealth Land Title Insurance Company there is a need for non-lawyers to serve on its panels; Board members FULL TITLE SEARCHES TITLE INSURANCE ABSTRACTS news REAL ESTATE & MORTGAGE CLOSINGS 20 • sid ebar OCTOBER 2007

CALENDAR OF EVENTS LAWYERS CONCERNED NOVEMBER 27 CLE: The Law and Consequences FOR LAWYERS 2 CLE: Beginning Westlaw, Noon of a Life on Drugs, The Reality CORNER to 1:15 p.m. Tour © Drug Prevention 6 Election Day Experience, 6 to 8:30 p.m., Westmoreland County • The 12-step recovery 7 CLE: Oil and Gas Leases, Courthouse meeting, exclusively for 11 a.m. to 2:15 p.m. lawyers and judges, is in DECEMBER downtown Pittsburgh every 12 Courthouse closed in observance 4 Thursday at 5:15 p.m. For of Veterans Day CLE: Bridge the Gap, 9 a.m. to 1:15 p.m. the exact location, call 13 U.S. Supreme Court Swearing-In Pennsylvania Lawyers 5 Ceremony, Washington, D.C. Women in the Profession, Noon Concerned for Lawyers at 6 1-800-335-2572 . 14 Real Estate, Noon Ned J. Nakles American Inn of Court, 5 p.m. • LCL has a new website at Membership, Noon 13 CLE: Video Compliance, 9 a.m. www.lclpa.org . Attorneys Bankruptcy, Noon to 4:15 p.m. and judges will find informa - tion on how LCL can help Ned J. Nakles American Inn of 14 CLE: Overview of Key Civil them, a member of their Court, 5 p.m. Rights Cases Decided by family or a colleague who 20 Family Law, Noon SCOTUS During 2006, may be in distress. It is Board, 4 p.m. Noon to 1:15 p.m. confidential and easy to navigate. Visit it today. 22 Courthouse closed in observance 17 CLE: Divorce and Bankruptcy, Noon to 1:15 p.m. • Lawyers Confidential of Thanksgiving Help Line: 1-888-999-1941 . 23 Courthouse closed in observance 25 Courthouse closed in observance Operates 24 hours a day. of Thanksgiving of Christmas

PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678