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Sheriff's Office Announces Changes to Procedures

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Sheriff's Office Announces Changes to Procedures thesidebar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XVIII, NUMBER 5 JULY–AUGUST 2006 Sheriff’s Office Announces Changes to Procedures n May 9, 2006, Act 66 the Sheriff’s Office as proof of service time for the attorneys who are of 2005 went into effect, relinquishment. filing real estate sales by mail. The Osubstantially altering the (3) The Protection From Abuse Order Sheriff’s Office has a real estate packet previous procedures applicable may now remain in effect for up to that is specifically designed to assist to the Uniform Firearms Act and 36 months (three years) pursuant attorneys in the procedures regarding the Protection From Abuse Act. to 23 Pa.C.S.A. § 6108(d). all real estate filings. This packet is In response to that legislation, the (4)Pursuant to 23 Pa.C.S.A. § 6114(a), available at the Sheriff’s Office and Sheriff’s Office has implemented new the Plaintiff, the police or the on the county’s website at www.co. procedures. The following are some Sheriff may file Indirect Criminal westmoreland.pa.us/sheriff. Follow examples of the recent changes: Contempt (ICC) charges against a the link for Sheriff Sale Info and click Defendant if weapons are on Attorney Information PROTECTION FROM ABUSE not relinquished Packet to download a (1) Within 24 hours after being within 24 hours. PDF of the forms. served with a Protection From (5) Pursuant to 23 The Office of Sheriff Abuse Order, a Defendant must Pa.C.S.A. § 6108.3, has also implemented a relinquish all firearms to the a new safekeeping new accounting system. Sheriff. Alternatively, the permit must be For deputized service of Defendant may ask a third party to issued for each case process in another county, apply for and secure a third-party in which the Court the attorney is no longer safekeeping permit to hold the requires a defendant to required to submit checks firearms for the duration of the relinquish firearms. made payable to the deputized county. order, pursuant to 23 Pa.C.S.A. Lawyers now merely have to designate § 6102(a). REAL ESTATE the county to be deputized and pay (2) The defendant may also relinquish On May 1, 2006, the Westmoreland the fees for that service to the weapons within 24 hours of County Prothonotary’s Office ceased Westmoreland County Sheriff’s Office. service to a licensed firearms forwarding all filings to the Sheriff’s The Sheriff’s Office will then write the dealer for safekeeping for the Office. As a result, the Office of checks to the deputized county. This duration of the order. An affidavit Sheriff now receives all filings either by process helps the Sheriff keep an for relinquishment of firearms to a mail or in person. This has enabled the accurate total of all costs associated licensed dealer must be returned to Sheriff to significantly reduce the with that particular matter. 2006 BENCH/BAR CONFERENCE MORE PHOTOS ON PAGES 10-11 IN Spotlight To Wit: THIS President’s Remembering Practice on Ralph by S. Committee ISSUE 213Message 4 Ana Cottone 5 Tips 7 Conrad Sponte 18 Reports 2 • sidebar JULY–AUGUST 2006 President’s Message Whatever Goes Around, Comes Around by Rebecca A. Brammell, Esq. ou may know from the contesting which one of them was hope and pray I’m on the other side nervous twitch I have developed liable to provide representation for when he does. Then perhaps the Ythat I am a single parent of the Defendants. One defense attorney full implication of his prior conduct two teenage children, ages 18 and asked for an additional 30 days to file will come crashing down upon his soon-to-be 17. As all parents know, a responsive pleading, but Plaintiff’s 24-year-old frontal lobes. No matter on any given day counsel would only agree to 10. When what, whatever goes around comes they can be the most I asked for an additional 30 days for around. wonderful blessing or another Defendant, Plaintiff’s counsel I understand that with the the greatest challenge. simply said no, and blamed his immaturity of youth comes an In recent months, decision on his client’s insistence impairment of one’s ability to see the I have taken great on a speedy resolution. consequences of one’s actions, and interest in the studies I guess I always thought that the accordingly I will pray for patience of brain development lawyer controlled the case, not the when I remind my children for the in young adults. As client; that it was the lawyer’s role 2,000th time about the location of the it turns out, there to impose reason upon the chaos of clothes hamper. But a lawyer who can’t is a developmental litigation, and to do so without the see beyond the moment needs to take reason why your teenager stares at you blankly in the middle of a conversation about the laundry. A lawyer who can’t see beyond the There is a mental disconnect when you ask them to put their clothes in moment needs to take another look. the laundry room and they respond, Grasping the distinction between “What clothes?” These new studies indicate that young adults, up to age zealous representation and being a jerk 25, just don’t have full development is sometimes subtle, and sometimes of their frontal lobe, that part of that second look can make all the the brain that helps make good decisions, that part of the brain that difference. comprehends the connection between action and consequence. So, can anyone tell me why it is emotions that can cloud a client’s another look. Grasping the distinction that certain lawyers cannot seem to judgment. Perhaps being a bit miffed between zealous representation and grasp the importance of extending the at Plaintiff’s counsel for being so being a jerk is sometimes subtle, and basic courtesies to colleagues when unreasonable in response to such a sometimes that second look can make appropriate? Despite some incidents routine request for an extension to file all the difference. at the Bench/Bar Conference which a responsive pleading, the trial judge Now, I know you’re dying for me might lead you to believe otherwise, granted the Defendant an additional to tell you who of our bar was such a all lawyers are over the age of 25 (18 at 45 days. When Plaintiff’s counsel jerk. And I would have, too, but for high school graduation + 4 years of vehemently objected, the Judge the second look the editor gave to college + 3 years of law school = 27 admonished him by saying that, the laws of libel and slander. At years give or take a couple semesters). “maybe he wasn’t starting the case off least I can tell you that it was not a Thus, even though their frontal lobes on the right foot.” Westmoreland County lawyer. And, if are presumably fully developed, there Doesn’t this lawyer understand that you ask me nicely, maybe I'll whisper are still some among us who fail to someday—maybe not in this case but some names in your ear. recognize that a certain set of behaviors surely in another— Day by day, will cause a predictable response. he will need to ask Recently I was involved in a case for a professional in which insurance carriers were courtesy? I can only JULY–AUGUST 2006 sidebar • 3 Judge McCormick Receives PBA Everyday Leader Award he Hon. Richard E. McCormick, Jr., received T the Everyday Leader Award from the Pennsylvania Bar Association (PBA). The award was presented to Judge McCormick by PBA President Kenneth J. Horoho, Jr., at a reception at the Palace Theatre in Greensburg in July. “The Everyday Leader Award is given to individuals who go above and beyond, sharing their time and talent to benefit others,” said President Horoho. “These unsung heroes work ▲ hard each and every day performing good works, not for personal gain The Hon. Richard E. McCormick, Jr., (center) receives the Everyday Leader Award or recognition, but for the right from PBA President Kenneth J. Horoho, Jr., (second from right). Also shown (from left reasons—to improve the places they to right) are WBA President Rebecca A. Brammell, PBA Zone Governor Robert I. Johnston and PBA Secretary Daniel Joseph. call home and to better Pennsylvania’s legal system. Judge McCormick is one of these ‘everyday leaders’ and is championship since 1999 and every “The mock trial program gives area deserving of this award in gratitude of regional competition since 2000. high school students first-hand his contributions to the Westmoreland Greensburg-Salem teams captured the experiences with the legal system and County area.” state championship in 2001, 2005 and develops communication, teamwork Judge McCormick was chosen for 2006, and moved on to the national and analytical skills. We’re proud of the award because of his long-time competition where they placed 18th the coaching support and guidance involvement with the Greensburg- 12th and 4th respectively. that Judge McCormick and other Salem High “Judge members of the Westmoreland Bar School’s mock McCormick Association are providing these young trial team, which is instrumental people.” dates back to in the ongoing Judge McCormick was appointed 1988 when he successes of to the 10th Judicial District of the and his wife, Greensburg- Court of Common Pleas in 1990. Kathleen, were Salem High He previously served as solicitor for the attorney and School’s mock the City of Greensburg and was a teacher coaches. trial teams, public defender in Westmoreland Judith Washburn including the County.
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