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THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XVIII, NUMBER 5 JULYÐAUGUST 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 JULYÐAUGUST 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 JULYÐAUGUST 2006 sidebar ¥ 3 Judge McCormick Receives PBA Everyday Leader Award

he Hon. Richard E. McCormick, Jr., received T the Everyday Leader Award from the 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. He also was a partner in the took over as the 2006 team’s firm of Stewart, McCormick, McArdle teacher-coach in victories, being and Sorice. McCormick is a graduate 1995. In recent years, Greensburg- named state mock trial champions of Duquesne University and a cum Salem has dominated the local and placing fourth in national laude graduate of Duquesne University competition, winning every county competition,” said President Horoho. School of Law.

the the sidebar is published bimonthly as a service for members of the EDITORIAL BOARD Westmoreland Bar Association. Letters to the Editor may be sent to David J. Millstein, Esq., Editor sidebar Beth Orbison, Esq., Assistant Editor 129 North Pennsylvania Avenue, Greensburg, PA 15601-2311, fax The Hon. Daniel J. Ackerman, 724-834-6855, or e-mail [email protected]. President Judge, Copy Boy Back issues from 2000 to the present and a comprehensive, searchable index are available Susan C. Zellner, Associate Editor online at www.westbar.org/html/publications. Diane Krivoniak, Managing Editor 4 ¥ sidebar JULYÐAUGUST 2006 Remembering Ana M. Cottone by Beth Orbison, Esq. in English Writing. While at Pitt, Good News Jail & Prison Ministry, she created and maintained an advice providing support to and advocating ith the passing of Ana column in the UPG Press entitled “Ask on behalf of persons who were Marie Cottone on June 4, Ana.” In addition, she distinguished incarcerated. W 2006, the Westmoreland herself as a prolific writer for The As WBA Executive Director Diane Bar Association lost one of its most Pittsburgh City Paper, Krivoniak said: “Yes, she vibrant members. Ana was a sole authoring several articles was a non-conformist, and practitioner who maintained an which ranged in topics yes, she was a free spirit, office in Irwin. from “Female Angst in the but she was creative, I first met Ana when Judge 90’s,” to “Lay Your Hands persuasive, and tenacious, McCormick employed her as an On Me; Psychic Healers? and when Ana walked intern in the spring of 2003. She Spirit Guides? Alternative into a room, her smile and was a third-year law student at the medical advice from every- energy were contagious.” University of Pittsburgh School of Law. one from local hospitals to Ana was very grateful By the end of her first day, everyone in John The Baptist.” to those members of the the office was smitten with her vibrant In 2003, she graduated bar association who personality, her enthusiasm and her from the University of ▲ mentored her as a fledgling genuine desire to learn and work. Pittsburgh School of Law, Ana Cottone lawyer. But it was the love Writing had always been Ana’s where she was a research and support of her parents, passion. She attended California editor for the Journal of Technology, Mary and Benito Cottone, for which University of Pennsylvania, while Law & Policy. she always expressed the most thanks. writing for the Rock N’ Roll Reporter, Ana was a member of Immaculate Her mother described her as “a very and graduated from the University of Conception Church in Irwin, and she affectionate and loving daughter.” Pittsburgh—where she was on the was devoted to community service. Ana is survived by her parents and Dean’s List—with a Bachelor’s Degree She served as a volunteer with the her 15-year-old daughter, Alicia.

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Senior living communities www.redstonehighlands.org JULYÐAUGUST 2006 sidebar ¥ 5 practice The “New” Eminent tips Domain Code of 2006

by Robert P. Lightcap, Esq., and Daniel J. Hewitt, Esq. NEW CODE OLD CODE • Notice Provisions: No such requirement. he New Eminent Domain Code, adopted May 4, Mortgagees and lien 2006, is applicable to all condemnations filed on or holders entitled to after September 1, 2006. The following is a brief T notice at all stages of the synopsis of the differences between the New Code and the proceedings. Old Code. • Process/Notice Service: Service and notice Only approved mail permitted by certified NEW CODE OLD CODE service is registered mail. mail and registered mail. Public Use Provisions Estimate of Just Compensation (EJC) Prohibits taking of private No such prohibition if No EJC requirement if EJC required in all property for use by private public purpose standards condemnor has right to situations. enterprise. are otherwise met. assess property for special benefits. Exceptions to Prohibition: Urban Renewal Projects Urban Renewal Projects governed by Urban Relinquishment and Abandonment involving blight or which Renewal Act of 1945, • Declaration of Relin- Must file within one (1) are approved prior to liberally construed. quishment: Must file year after Declaration of effective date of New Code, within two (2) years after Taking. properties which are a Declaration of Taking. public nuisance, abandoned continued on page 6 or are otherwise unfit for human habitation. Experienced Advice, Extra Territorial Takings No political subdivision No such limitation. Close to Home may condemn property outside its geographic boundaries without permission of the governing body of that political subdivision. Agricultural Property No condemnations No such limitation; permitted without first however, may be limited Individual Investment Strategies obtaining approval of the by other laws. • Estate Planning Strategies • Investments Agricultural Board. • Retirement Planning • Small Business Owners Procedure Basic procedure is the same, 877.600.0170 [email protected] with the following changes: • Preliminary Objections: Preliminary objections Timothy M. Henry, Financial Advisor Broader use permitted, limited. 232 West Otterman Street • Greensburg Pa 15601 with failure to file POs resulting in waiver of Financial advisory services and investments available through SM substantial rights. Ameriprise Financial Services, Inc., Member NASD and SIPC. 6 ¥ sidebar JULYÐAUGUST 2006

The “New” Eminent Domain Code continued from page 5

NEW CODE OLD CODE NEW CODE OLD CODE • Abandonment of Condemnor must Unity of Use Project: Condemnor offer property back to must offer property back condemnee if project is Broadens definition of May limit Unity of to condemnee if project abandoned within three ownership in Unity of Use Use cases to identical is abandoned within ten (3) years. cases. ownership situations. (10) years. Attorney’s Fees De Facto Takings Increases attorney’s fees Limits attorney’s fees and • Petition: Required to set No such requirement. and other reimbursements other reimbursements to forth factual basis of to $4,000 per owner. $500 per owner. claim. Damages • Court Determination: Court required to make Statute requires trial findings only when Damages are basically the court to make determi- Preliminary Objections same in both Codes with nation of whether a filed. Board of Viewers several exceptions. condemnation occurred normally determined date • Loss of Rents: Permits No such recovery and date of taking prior of taking. recovery of loss of rents permitted. to appointing Board of due to imminence of Viewers. condemnation. • Preliminary Objections: Have to be filed within • Delay Damages: Statutory interest rate of Have to be filed within twenty (20) days. Establishes interest rate six (6%) percent previously thirty (30) days. at prime rate +1%. declared unconstitutional, • Answer and New No provision for Answer with court normally Matter: Provides for and New Matter. permitting interest of Answer and New Matter prime rate +2% floating. when Preliminary Special Damages Objections are filed. Provisions result in Provisions of Old Code Right of Entry benefits for moving track federal guidelines. Provides that right of entry Silent on issue. expenses, replacement prior to condemnation for housing (homeowners engineering does not and tenants), farms and constitute a taking. businesses to levels in excess of the federal Petition for Appointment of Viewers guidelines. • Combines procedural Separate requirements for Verdicts and Appeals form for petition, petition when filed by whether filed by con- condemnee or condemnor. • Verdicts: Requires court No requirement for court demnor or condemnee. to mold verdicts to to mold verdicts. • Caption: Mandates that Provides for condemnee deduct any EJC condemnee be listed as to be listed as Plaintiff, previously paid. Plaintiff and condemnor without mention of • Appeals: Provides for No such provision. as Defendant. condemnor. expedited appeals where • Displaced Persons: Silent as to whether trial court certifies Displaced persons may displaced persons may importance of case. file petition. file as condemnee. Statutes of Limitation Generally, six (6) year Different statutes apply statute in all cases. ranging from five (5) years to twenty-one (21) years, depending on the issue. JULYÐAUGUST 2006 sidebar ¥ 7 Spotlight on Ralph Conrad

Q WHAT JOBS HAVE YOU Q WHAT IS THE QUALITY YOU Q WHAT HAD PRIOR TO BECOMING MOST LIKE IN AN ATTORNEY? DO YOU AN ATTORNEY? A CONSIDER Being a “counselor” at law. YOUR A Ninth grade Civics Teacher, Anne Q GREATEST Arundel County, Md. WHAT IS YOUR FAVORITE ACHIEVE- JOURNEY? Q MENT? WHICH WAS YOUR FAVORITE A AND WHY? Following the 11th Georgia A Regiment July 3, 1861, from Atlanta, A Convincing my wife to put up with Well it wasn’t teaching, since I Ga., to Appomattox Courthouse, Va., me for 37 years. subjected myself to the draft in 1970 April 9, 1865. by quitting teaching and going to law Q WHAT IS YOUR IDEA OF Q school. WHAT IS YOUR GREATEST PERFECT HAPPINESS? REGRET? Q A Beautiful golf course and a WHAT IS THE FUNNIEST THING A THAT HAS HAPPENED I’m still too young to have regrets. six pack. TO YOU AS AN Q WHO ARE YOUR REAL-LIFE Q ATTORNEY? WHAT ARE YOUR MOST HEROES? TREASURED POSSESSIONS? A Listening A Robert E. Lee. A to a client on My wife and son, although they’re not really “possessions.” the day after his Q WHAT ADVICE WOULD YOU GIVE TO ATTORNEYS NEW TO THE return from his Q WHAT IS IT THAT YOU MOST PRACTICE OF LAW? honeymoon file DISLIKE? for divorce. A Your clients’ problems are not your problems; don’t personalize them. continued on page 8

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FCB Member FDIC Equal Opportunity Lender 8 ¥ sidebar JULYÐAUGUST 2006 Spotlight on YWCA Literacy Ralph Conrad continued from page 7 Program Seeking Space A New York City. he YWCA of Westmoreland County is in need Q WHAT IS YOUR GREATEST EXTRAVAGANCE? of space to conduct book sorting for the A T thousands of books that are annually donated Golf shirts. to support literacy programs in Westmoreland County. A loyal group of volunteers sorts and Q WHAT TALENT WOULD YOU MOST LIKE TO HAVE? categorizes the books that are dropped off each week A Shoot 67 on a regular basis. at the literacy storage barn on the rear of the YWCA property. At least 500 square feet of basement space, Q WHAT QUALITY DO YOU ADMIRE MOST IN YOUR which will be used on Wednesday afternoons only, is FRIENDS? needed to house the volunteer book sorting program. Storage space for the “sorted” books would also be A Being down to earth. helpful, as well as access to a dumpster. Q The YWCA manages the county’s Adult Basic WHAT LIVING PERSON DO YOU Literacy program and an English as a Second MOST ADMIRE? Language (ESL) program. Funding for the programs A Justice Clarence Thomas. comes, in part, from the Annual Used Book Sale at Westmoreland Mall held annually on the last full Q WHAT IS YOUR MOTTO? weekend of September. This year’s sale runs from September 21Ð24. If you have space that you may A You are what you are, and you want to donate for this project, please contact Bonnie ain’t what you ain’t. (Courtesy of Lewis at the YWCA at 724-834-9390 or by email at John Prine) [email protected]. JULYÐAUGUST 2006 sidebar ¥ 9

My First Bench/Bar: An Exceptional Experience by Carol A. Bucci, Esq. concluding session on Federal Court Regardless of one’s particular hobby mandatory ADR led by Judge or avocation, you could always find he advance promoters of the Ambrose, that learning experiences are something entertaining to do and 2006 Bench/Bar Conference best provided in an atmosphere of others interested in doing it with T(mainly my Super Bowl casual good humor—sometimes even you. Mother Nature blessed us with Sunday mediation crowd), who boisterous laughter! breathtaking weather so the outside convinced me I couldn’t last another The Thursday evening post-dinner activities of golfing, year without attending, had created entertainment by Judge Feliciani’s tennis, biking, hiking skyscraper-high expectations in me. Scotty’s Blues Peddlers Band, with or lazing by the pool Who would have thought that those James Boggs jamming on his were eagerly sought. expectations could be exceeded? While saxophone in perfect harmony, and The Bench/Bar I was prepared for meeting new people, karaoke provided by many lawyers Committee having stimulating discussions, as well in not-so-perfect harmony was certainly did a as fellowship and fun (over a few outstanding. I had flashbacks to my tremendous job Glenlivets), I also left the conference college days in discotheques—only of garnering sponsors feeling very proud to be a member of this time the music was better, the for this conference. the Westmoreland Bar Association. crowd was friendlier, and instead The generosity of the ▲ For those of you accustomed to of a glitter ball above, there was the sponsors for various Carol Bucci attending the Bench/Bar, it has beautiful open starry sky as our ceiling. meals and events allow everyone perhaps become the norm. However, to enjoy these conferences without as a new attendee to the Bench/Bar, it being a financial issue for any of and only recently a more involved Bar SEE PAGES 10 & 11 FOR the attendees, their firms, or their PHOTOS FROM THE member, I see that we all should feel 2006 BENCH/BAR! organizations. I’m sure we all want very honored by and proud of the to thank these gracious sponsors for collegiality, esprit, and their time and support. genuine kindness that exist Now, as to the venue. within our Bar. The strong Not having attended support for one another before, I have nothing to and seeming lack of compare the Mountaineer competitiveness amongst Resort to for a Bench/Bar the members is truly Conference. However, I unique. While it is de thoroughly enjoyed this rigueur to inject a lot of location. Not being a fun into the activities of gambler, I dutifully spent the conference, it is my $20 and stopped. quickly apparent that Nonetheless, the lights, the there is a brotherhood noise and the excitement and sisterhood that exists, of the casino lent a certain allowing for all attendees atmosphere of festivity to to be welcomed and the entire place. included, regardless Also, the horse races of whether it is your Friday evening were twenty-fifth return trip great (again even if you’re or your first. not into high stakes It was also apparent betting, it’s just fun to from the initial CLE bet a little, watch and offering of “To Kill a pretend)! The accommo- Mockingbird,” with dations and food were fine narration and discussion and it’s an easy drive from led by Judge Irving Bloom Greensburg. and John Scales, to the continued on page 10 10 ¥ sidebar JULYÐAUGUST 2006 Candid Camera: 2006 Bench/Bar Conference

continued from page 9 ▲ With great aplomb, Mike makes his Now, let’s discuss the Young way to the table Lawyers’ hospitality suites. The with his dinner young lawyers lived up to their without letting on reputation of good and bountiful about the rodent hosts. I have to say—Les Mlakar’s he spotted lying “marinated” contributions to the dead on the floor. hospitality suite, augmented with Peggy Tremba’s chocolate fondue, “Because they will be a favorite memory. help me see the In closing, on that proverbial scale ceiling, that’s why.” ▼ of one to ten, I give this Bench/Bar a full ten. It had a good beat and was easy to dance to.

▲ “Damn! Ants.” ▲ And yes, Becky was reluctant to assume ▲ the presidency of the WBA until the Board “If it’s a Cuban, sure, I’ll decide convinced her it was really a coronation. the case in your favor.”

▲ ▲ Lacking a handy knife, Sandy falls back upon her As usual, Peggy assumes her post under a streetlight and soon attracts a crowd. Tae Kwon Do training to slice her sandwich. JULYÐAUGUST 2006 sidebar ¥ 11 ▲ “You put your right foot in, you put your right foot out ...”

“And the next contestant in the WBA Annual Best Beer Gut Exposition is ...” ▲ ▼ “Of course I’ve had a few too many. How else could I tell you how badly you butchered my last two cases?”

▲ “Yeah, I like this well enough, but when we’re done, can we do the Bunny Hop?”

▲ “I don’t know what it is, but I’m going to eat it.” 12 ¥ sidebar JULYÐAUGUST 2006 Lazzaro Galloway Appointed Elected Co-Chair of BRIEFLY Treasurer of PBA UPL SPEAKING PBI Board of Committee Directors

ennsylvania Bar Association President ichard H. Galloway was elected Kenneth J. Horoho, Jr., announced Treasurer of the Board of Directors Pthe appointment of Joe Lazzaro as R of the Pennsylvania Bar Institute Co-Chair of the Unauthorized Practice of at the organization’s annual meeting held Law (UPL) Committee at the PBA’s Annual in June. Meeting in Hershey on June 8, 2006. PBI was organized in 1965 by the In connection with his appointment, Joe Pennsylvania Bar Association to provide attended the Chair Leadership Conference continuing legal education to lawyers, in Mechanicsburg and chaired the UPL judges, and members of the public ▲ Committee Meeting in Harrisburg on July interested in law, throughout Pennsylvania. ▲ 19. He also served as a faculty member in The Institute provides seminars and Joe Lazzaro Dick Galloway the Ethics Lecture Series of the PBI on publications for lawyers in every corner August 24, at the Omni William Penn in Pittsburgh. of the Commonwealth, at every level of experience, and in Joe currently serves as Co-Chair of the UPL Committee every field of practice. PBI is a nonprofit, self-sustaining of the Westmoreland Bar Association, along with Aaron organization supported by revenues derived from course Kress. He is a partner with Kratzenberg & Lazzaro, with enrollments, the sale of publications and online services. offices in Greensburg and White Oak. PBI relies on the volunteer efforts of over 2,000 of Pennsylvania’s most experienced lawyers and judges who annually donate their time and expertise to PBI’s educational services. When you’re ready for Dick is a partner in the firm of QuatriniRaffertyGalloway unique financial solutions. PC, in Greensburg. Johnston Named You’re ready for F.N.B. Wealth Management. PBA Zone Governor

obert I. Johnston, a partner in Belden Law in Greensburg, R began a three-year term on the Pennsylvania Bar Association’s Board of Governors at the close of the organization’s annual meeting June 7–9 in Hershey. We are proud to sponsor One of 12 zone governors who serve on the 20th Annual Bench/Bar Conference. the PBA board, Bob represents Fayette, Greene, Washington and Westmoreland WEALTH ENHANCEMENT AND GROWTH county lawyers. ▲ WEALTH PROTECTION AND PRESERVATION A long-time member of the PBA LIFETIME WEALTH DISTRIBUTION Bob Johnston Professional Liability Committee, Bob ESTATE AND WEALTH DISTRIBUTION served as its chair in 2000–2004. He has been a member of the PBA House of Delegates since 1997. Bob served as president of the Westmoreland Bar Association in 1-888-824-5833 www.fnbwealthmanagement.com 2004–2005. He is a co-founder and the first president of the Ned J. Nakles Inn of Court. JULYÐAUGUST 2006 sidebar ¥ 13 To-Wit: Slam Dunk

by S. Sponte, Esq. always wondered, as I slid a new that they had complaint across the desk at the simply changed t started out as the kind of call I’d Prothonotary’s Office, with whom I their minds. received maybe a thousand times would end up doing battle. I could Oh happy days, I in my career. “Hi,” a familiar voice never imagine who would possibly a slam dunk. It said on the other end, “it’s ______,” be foolish enough to get in my way, was going to be identifying himself by his first name to oppose the intellectual juggernaut, like sheep and only, a colleague I have known and the elemental force of law and nature slaughter. I could respected for many years. That alone that is me on the hunt. Would it taste the mint jelly made the call unique. I was tempted to be Clarence Darrow? F. Lee Bailey? already. Of course I had told my ask if he was calling from his cell Myron Rabinowitz? It didn’t matter, clients that this was indeed murky phone and if he was using Cingular, not really, for once awakened, the waters and that it would require but that was just way too esoteric. I litigious monster sleeping barely yeoman’s work to put things right. wasn’t even sure that I got the joke. beneath the surface of my soul Such embellishments serve well to “And to what do I owe the honor becomes hell bent on kicking ass, prepare clients for the cauldron that of a call from such a distinguished and it just isn’t all that particular is always litigation, easy or not. It also colleague,” I inquired instead, with a whose ass it is. serves well to hasten the arrival of the sincerity I usually have to fake. And with this lawsuit it mattered retainer. But this was indeed a slam “I’m calling you on the Smith case, I less than usual, for if ever there is dunk, the Holy Grail of litigation, just wanted to let you know that I’ll be such a thing as a slam dunk lawsuit, except this chalice actually exists. representing the defendants,” he said. this was it. My clients had signed a So eager was I to get on with it, my “Ah, so this is my opponent,” I contract to buy a home, and the sellers slam dunk, that I filed a complaint thought to myself, “that answers that simply reneged. There was no defense, to compel specific performance even question.” It’s a kind of game I play. and the only explanation that they before the retainer check had cleared. Ever since I was a baby lawyer, I’ve proffered, in writing, praised be, was continued on page 14

Can you pick out the newest member of Belden Law?

(Hint: He’s the one with the gold hoop in his left ear.) Belden Law welcomes Brian Aston.

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 14 ¥ sidebar JULYÐAUGUST 2006

To-Wit: Slam Dunk continued from page 13

At night, in my bed, I had a prayer. So how’s about we close with that would have been a hard sell to my already begun practicing my cross your clients next week? Deal?” clients, and perhaps raised an eyebrow examination. “Are you lying now or “Just who the hell do you think you or two at the Disciplinary Committee were you lying then?” “When did are?” my brain uttered, but good sense to boot. Once again I had to steel you stop beating your wife?” “Are refused to let my lips form the words. I myself to the notion that my clients’ you being stupid or just evasive?” was outraged, simply outraged. My needs come first. If my needs remain They were great, combative questions, slam dunk, my precious slam dunk, unfulfilled, well, so be it. I can always designed to draw blood. If only I go home and kick the dog. could figure out a way to work them So the case got settled. My clients into this case, I’d be as happy as a Everyone will be will get their house, it was resolved pig in swill. relatively swiftly and painlessly, and it I already knew the applicable law happy—everyone, was an effective use of the litigation and I already knew the procedure, that is, but me. process. Everyone will be happy— things that of late I find myself saying everyone, that is, but me. with less and less frequency. This must Oh well, such is life in the law. I’ve be how my father used to feel when- was gone. There would be victory, to had a few slam dunks in the past and ever he got an order for inventory that be sure, but there would be no slaugh- no doubt a few more will come my had sat unsold in the warehouse for ter, no bloodshed, only success, a pit- way. Until that blessed event, I’ll just years—found money. Oh, oh oh, and tance compared to the elegant, vicious have to keep my teeth sharp. This it was a slam dunk to boot. Life can be massacre I had so lovingly envisioned. morning my secretary asked to go so sweet. What choice did I have? Oh sure, I home early on Friday. This seems as “Yeah,” my colleague continued on could have turned the deal down, I good a time as any to deal with it. the phone, “I’ve looked at the com- could have said, “Not on your life, © 2006, S. Sponte, Esq. plaint and I’ve seen the agreement of your misbegotten clients asked for this Can’t get enough Sponte? More articles sale, and I told my clients they haven’t and now they’re going to get it.” But are online at www.funnylawyer.com. JULYÐAUGUST 2006 sidebar ¥ 15

Westmoreland Revisited Dr. Frank Cowan, Poet Laureate of the Westmoreland Bar by The Hon. Daniel J. Ackerman, President Judge

Editor’s note: In this space, the sidebar A year later, he became secretary candidate for Congress and then aspires to revisit, through this and other to President . He promptly left for an eighteen-month contributors, lawyers from the past who held this position until Johnson left tour of Europe. He played significant roles in the history of office in 1869, the same year Cowan lost the election, of Westmoreland County. graduated from the Georgetown course, but had a Medical College, demonstrating most satisfying have heard it lamented, from an ability to manage the demands campaign. those about my age, that we of medical school and his secretarial Travel became a I are losing the colorful characters duties to the president at the priority. He sailed at the bar, those lawyers whose same time. around the world and, eccentricities and joi de vie make them As valedictorian of his medical with the exception of appear larger than life, and of whom school class, he delivered the Boston, he claimed to we are a little envious. We don’t commencement address in three parts; have visited every ▲ always recognize them when one delivered in English to major city on the The Hon. Daniel J. they are in our the general audience, one planet. The exclusion Ackerman midst, they in Latin to his fellow of Boston was never seem mostly as students, and explained. He was the first American, inhabitants of prior one in Greek to and possibly the first Westerner, to generations. Were they the faculty. visit Korea. In 1888, he published so outlandish or are Following “Principals and Practice of Medicine in they myths? his years in Corea” (then spelled with a “C”). Consider, if Washington, Today, if you type Frank Cowan’s you will, he returned to name into an internet search engine, Frank Cowan— Greensburg you will find that he is recognized lawyer, physi- to practice not for professional accomplishments, cian, poet and both law but as a poet and writer; his titles world traveler. and medicine, (see box on page 16) conjure visions One of three but his interests of exotic destinations. Most who children of Edgar and could not be have commented on his poetry give it Lucy Cowan, Frank confined. In 1872, slight praise. The poems are long and Cowan was born in 1844. he founded Frank Cowan’s ponderous, but that might be said of Growing in the reflection ▲ Paper, a newspaper which quite a few highly regarded nineteenth of his prominent father, a Dr. Frank Cowan became an authoritative century works. What is important is greatly admired lawyer, who source on the subject that he was moved by these sites and in 1861 became the first and of coal mining and oil and gas experiences, and his enthusiasm only Senator from exploration. compelled their recording. His sense of Westmoreland County, Frank took His life left little time for a wonder is never disguised. He wrote: the expected course of studying law full-time law practice. However, in his father’s office. This course of his outspokenness, lack of inhibition Within this beautiful and study was preceded by a classical and adroitness with language made wonderous world, education at Washington and Jefferson his pleadings so colorful and popular The fairest and fertilest College, which was cut short by some that they were routinely stolen from of lands, undisclosed event which most writers the prothonotary’s office for the Boned by the Ghauts and have referred to as “a prank.” amusement they caused. the sublime Himal’yas, Following his father to Washington, With a senator for a father, it Veined by the holiest of Frank was admitted to the bar of the seemed natural he would seek office, streams, the Ganges... United States Supreme Court in 1865. and he did. He declared himself a continued on page 16 16 ¥ sidebar JULYÐAUGUST 2006

FRANK COWAN Dr. Frank Poetry Cowan Southwestern Pennsylvania in Song and Story ... With an Appendix: continued from page 15 The Battle Ballads and Other Poems of Southwestern Pennsylvania (Greensburg, Pennsylvania: Privately printed, 1878) “The Taj Mahal,” The Poetic Works of The City of the Royal Palm, and Other Poems (Rio de Janeiro: Printed Frank Cowan, Oliver Publishing by A.J. Lamoureux & Co., 1884) House, 1892, p. 159. I think his critics have missed the mark and we should A Visit in Verse to Halemaumau (Honolulu: P.C. Advertiser Steam envy his writings which, for this Print, 1885) generation of lawyers, exceeds the Fact and Fancy in : The Terraces of Rotomahana, a pleasure of writing about stacked Poem (Auckland, New Zealand: H. Brett, 1885) insurance coverage. : A Charcoal-sketch (Greensburg, Pennsylvania: Printed at Cowan was also immersed in the Press Printing House, 1886) Nordic mythology. He named his The Meaning of the Monument: A Poem (Pittsburgh: Wm. G. estate “Mt. Odin” and everything Johnston & Co., Printers and Stationers, 1887) associated with it was given a Nordic name. The grounds contained three The Poetic Works of Frank Cowan (Greensburgh, [sic] Pennsylvania: Oliver Publishing House, 1892) concentric roads, “Untgard,” “Midgard” and “Ossgard,” leading The Taj Mahal: A Poem (Greensburgh, [sic] Pennsylvania: Oliver to his four-story mansion encircled by Publishing House, 1894) a porch. The upper floors, designated Writings as “Valhalla,” displayed his collection Frank Cowan, Zomara, a Romance of Spain (Pittsburgh, of curiosities he had gathered on his Pennsylvania: [Stevenson & Foster, Printers], 1878) journeys. Mt. Odin was one of the first experimental farms, and on it he Southwestern Pennsylvania in Song and Story (Greensburg, grew over 2,000 varieties of plants. Pennsylvania: Printed by the Author, 1878) During the period between his death An American Story Book, Short Stories from Studies of Life in and the creation of the present park, Southwestern Pennsylvania, pathetic, tragic, humorous, and the mansion was utilized as the grotesque (Greensburg, Pennsylvania: Stevenson and Foster, 1881) Pennsylvania State Police barracks. What I saw in , While on the Wallaby Around the world: two Cowan designed and built a Viking lectures, with notes and illustrations, and a poem, entitled, the Taj boat (pictured on opposite page), which (Greensburgh, [sic] Pennsylvania: Oliver Publishing House, 1888) he directed that he be buried in it Principles and Practice of Medicine in Corea [sic] (Greensburgh, [sic] at the highest point of Mt. Odin, Pennsylvania: Oliver Publishing House, 1888) “which I have selected for my symbolic Revi-Lona: A Romance of Love in a Marvellous Land (Greensburg, sailing over the sea of Apalachia ...” [sic] Pennsylvania: Tribune Press, 1890-1899?) (New York: Arno His heirs, however, as heirs sometimes Press, 1978) (Boise, Idaho: Kessinger Publishing Co., 2003) do, disregarded his instructions and he was buried in St. Clair Cemetery. English Words in South Sea languages: Hawaiian, Maori, Tahitian and Australian. With an essay on their significance (Greensburgh, [sic] In spite of, or perhaps because of, Pennsylvania: Oliver Publishing House, 1894) his fixation with the mythology of the Vikings, Cowan was not a religious Andrew Johnson, President of the United States: Reminiscences of man. When an atheist or an His Private Life and Character (Greensburgh, [sic] Pennsylvania: Oliver Publishing House, 1894) “unchurched” member of the community died, it was usually David Alter, the Discoverer of Spectrum Analysis; A Sketch of His Cowan who came forward to deliver Life and Labors (Greensburgh, [sic] Pennsylvania: Oliver Publishing the eulogy. When a gallows was House, 3rd ed., 1894) specially built at the Westmoreland ______County Jail for a double hanging, SOURCE Cowan purchased it from the county Oscar Fay Adams, A Dictionary of American Authors 77 (Boston: after the fact and had it rebuilt on the Houghton, Mifflin and Company, 1899) lawn of his mansion. When asked if he thought the object of execution was a JULYÐAUGUST 2006 sidebar ¥ 17 morbid symbol, he demurred, noting that the Christian Cross was a similar instrument. Despite his eccentricities, Cowan cared for people and, in particular, for this community. His will provided that thirty years after his death, Mt. Odin should become the property of the City of Greensburg, “as a place of play—recreation and social enjoyment,” which it is to this day. ▲ Mt. Odin was not Cowan’s only Frank Cowan designed and built this Viking boat, and directed that he be buried in it at contribution to the city. A plaque on the highest point of his estate, Mt. Odin, “which I have selected for my symbolic sailing the clubhouse at the Mt. Odin Golf over the sea of Apalachia ...” His heirs, however, as heirs sometimes do, disregarded his Course reminds us that he was a instructions and he was buried in St. Clair Cemetery. co-founder of Westmoreland Hospital in 1895. In addition to serving on the first board of directors, he was the malady, I have been going up SOURCES hospital’s general superintendent. and down, like the old proverbial •Cowan Papers, Edward H. Hahn During his last illness, he wrote: sucker in a pump-stock or the Archives, Westmoreland Historical new boy in an elevator; and Society. Now, it is true I am sick—very betimes I have been reported •George Swetman, Pittsylvania’s Most sick; and have been for ten dying, dead, damned or saved— Excentric Genius, Pittsburgh Press months—afflicted originally with the last especially after a visit (12/9/73). La Grippe, and suffering along from the Rev. Stanley L. Krebs, •John W. Pollins, II, Frank Cowan, a with the variable consequences the noted divine and celebrated Biographical Sketch (an address given of that diabolic disease, ranging lecturer and my very particular before the Historical Society of in my case from jimjams to labor friend, who comes to see me now Westmoreland County) (1948). pains—happily the latter not so and then ... •Wash Gjebre, A Century of characteristic as to necessitate Healing and Caring the summoning of an accoucheur. The man who the press would call (commemorating the 100th Now, in this great length of time the “Sage of Mt. Odin” died peacefully Anniversary of Westmoreland and with this especially protean in his sleep on February 12, 1905. Regional Hospital) (1995).

NOBLE MEDIATION LawSpeak DISPUTE RESOLUTION SERVICES “It is not the function of our Government to keep the citizen JOHN M. NOBLE,ESQ. from falling into error; it is the function of the citizen to keep the Conducting Mediations and Arbitrations for: Government from falling into error.” ❖ Personal Injury ❖ UIM/UM Motorist Claims ❖ —Jackson, J. American Medical Malpractice ❖ Products Liability ❖ Construction Communications Assoc., ❖ Property Claims/Fire Loss ❖ Partnership Disputes ❖ C.I.O. v. Douds, 339 US Professional Liability ❖ FELA ❖ Custody 382 (1950) Appointed Federal Mediator, Arbitrator and Early Neutral Evaluator for the Western District. “The acme of judicial distinction means the ability to look a lawyer Mandatory Federal Court ADR effective June 1, 2006. Go to www.pawd.uscourts.gov for details. straight in the eye for two hours JOHN M.NOBLE,ESQ. and not to hear a damned word (724) 853-2296 he says.” FAX: (724) 836-0532 MEYER•DARRAGH•BUCKLER•BEBENEK &ECK — John Marshall, retort to a [email protected] 114 SOUTH MAIN STREET, GREENSBURG, PA 15601 young lawyer, 4 Beveridge, [email protected] Visit www.meyerdarragh.com for a list of recent mediations, Life of Marshall, ch. 2 publications, curriculum vitae and sample mediation agreements. 18 ¥ sidebar JULYÐAUGUST 2006

Committee Reports Nominations Being Accepted for Board, Committees by Rebecca A. Brammell, Esq. Nominating Committee •Take responsibility and follow •Attend quarterly committee meetings. he Nominating Committee through on given assignments. •Be knowledgeable about the of the Westmoreland Bar • Contribute personal and financial utilization of Bar Headquarters for TAssociation is accepting appli- resources in a generous way business and social functions. cations for positions on the Board of according to circumstances. •Help to develop annual budget for Directors, Membership Committee •Open doors in the community. operation of building. and Building Committee. Any •Make recommendations to Board of member interested in running for MEMBERSHIP COMMITTEE Directors on matters of concern in these positions should send a letter The Membership Committee is building upkeep. of application to the Chair of the the first point of contact that most Nominating Committee, c/o the applicants have with the WBA. Real Estate Committee WBA, by September 30, 2006. If you One five-year term is available. The he Real Estate Committee know of a qualified candidate who is Membership Committee member will: is meeting on Wednesday, willing to serve, you may nominate •Attend monthly committee September 13, 2006, at Noon that member in the same fashion. The meetings. T at the Westmoreland Bar Association positions will be filled at the Annual •Personally interview and educate headquarters. The agenda for this Meeting of the association to be held applicants on the workings of meeting will include discussion of in April 2007. the WBA, including committee Act No. 2006-52 which substantially Nominees must be active, assignments, staff responsibilities, amended the Mechanics Lien Law. participating members of the WBA. and new lawyer opportunities such Additionally, the Committee will The responsibilities for each position as the mentor program, the Young discuss the previous changes made to are as follows: Lawyers, and Pro Bono. Residential Real Estate Transfer law •Make recommendations for regarding Seller’s disclosures and home BOARD OF DIRECTORS membership eligibility with inspections. The Board of Directors ensures specific recommendation for At the July meeting, the Committee that the WBA’s mission, services, membership class. discussed the impact of the Superior policies and programs are carried out. court decision in Washington Mutual Applicants should have experience in BUILDING COMMITTEE Bank, F.A. S/B/M to Washington WBA activities such as chairing a The Building Committee is respon- Mutual Home Loans, Inc. v. Barnhart v. committee, attending bar functions sible for maintaining the management Allegheny Energy Federal Credit Union and being active in the bar community. and upkeep of Bar Headquarters. regarding what is required to effec- In addition, they must be able to think One five-year term is available. The tively request the closing of a line of clearly and creatively, and work well Building Committee member will: credit account and the satisfaction of with people, individually and in a the Mortgage on the public record. group. One four-year term is available. The Committee was also advised The Director will: of the recent bill signed into law by •Attend all board and appropriate the Governor which represented the committee meetings and special Submit your committee’s news, legislative response to the Supreme events. events or reminders for publication Court’s decision in the Sherwood •Serve on committees and offer to in the September–October case. The Act sets forth what is now take on special assignments. issue of the sidebar. required for perfecting correct record- •Inform others about the organiza- ing and indexing of certain documents tion and its activities and functions. E-mail [email protected] in the Recorder of Deeds Office in • Assist the board in carrying out its by October 1, 2006. Pennsylvania. It was acknowledged fiduciary responsibilities, such as that State Representative Jess M. Stairs reviewing the organization’s annual was a moving sponsor of this bill. financial statements. JULYÐAUGUST 2006 sidebar ¥ 19 bookmark What I Read When Not Absorbed In All Those Exhilarating Appellate Briefs by The Hon. Joseph A. Hudock world and who loves her birthday merge it with Field and Stream maga- celebrations above all else. She tells zine. The hero protests, “It isn’t going LOVE ME ❖ by Garrison Keillor ❖ the hero, “I would forgive you if you to happen. There aren’t going to be Hilarious novel by the star of Prairie decided to be a Republican, but I pictures of fish or profiles of hunters or Home Companion and the best- couldn’t if you forgot my birthday. Onward and Upward With Deer known resident of So don’t.” Stands ...” Lake Wobegon. The hero gets his big break when a Each successive page of this The hero is an publisher buys his novel and he sets off book is more outrageous than the aspiring writer living for New York with a job at The New preceding ones. in St. Paul, Minn., Yorker magazine. After flings with THE TROUBLE WITH ISLAM who ekes out a living wicked women and encounters with TODAY ❖ by Irshad Manji ❖ The washing dishes, various other strange and outrageous book is an open letter by a South working in a characters, his second novel is a flop. Asian Muslim woman who is critical mail room, and As a result he suffers writers’ block of the status of Islam today. She cites writing short stories and can write nothing of value. As he tribal insularity, deep-seated anti- ▲ but who dreams of sinks deeper into despair, he gets an Semitism, and an uncritical acceptance The Hon. writing for The New opportunity to write an advice column of the Koran as the final and therefore Joseph A. Yorker magazine. for a newspaper. superior manifesto of God’s will as Hudock He marries his college Eventually he learns that The New serious deficiencies in Islam today. She sweetheart, who is a Yorker magazine is controlled by the has a vision of how Islam can undergo true-blue feminist out to save the mafia and that the publisher intends to continued on page 20 20 ¥ sidebar JULYÐAUGUST 2006 What I Read When Not Absorbed In All Those Exhilarating Appellate Briefs continued from page 19 a reformation that empowers women, promotes respect for LOST IN AMERICA: A JOURNEY WITH MY FATHER ❖ religious minorities and fosters a competition of ideas. by Sherwin B. Nuland ❖ A touching, true story by a son In view of the experience of Salman Rushdie, the about his father and their troubled relationship. The father author is a very brave young woman to write such a is a Russian Jew who came to America at the turn of the book at this time. 20th century when he was 19. Instead of finding the land WARRIORS OF GOD: RICHARD THE LIONHEART AND of opportunity most immigrants dreamt of, his father found SALADIN IN THE THIRD CRUSADE ❖ by James Reston, Jr. an endless round of frustration, despair, and loss of children ❖ The author describes in fine detail Saladin, the wise and to illnesses. highly cultured leader who created a united empire, and The author is ashamed of his father’s Yiddish speech, his Richard the Lionheart, the romantic personification of menial job in a garment factory, the father's nasty temper chivalry. The setting is the third crusade from 1187 to and other handicaps. 1192. An earlier crusade had put the Latins in charge of The author overcomes his poverty and unhappy family Jerusalem, and the epic battle between the armies led by situation to excel academically, eventually graduating from Richard the Lionheart and Saladin ended with Jerusalem in Yale Medical School. He currently is Clinical Professor of Muslim hands, in which it stayed until the 20th century. Surgery at Yale, where he also teaches bioethics and medical The results resonate in today’s world. The author opines history. that the word “jihad” strikes fear in the hearts of many Before his father’s death, the author comes to understand westerners and western governments who associate it with some of the forces and influences which shaped his father terrorism and Islamic fanaticism. “But there is nothing in and his depressing view of life, and finally makes peace Islamic history that rivals the terror of the crusades or the with him. Christian fanaticism of the 12th century.” THE FACE OF DECLINE:THE PENNSYLVANIA ANTHRACITE REGION IN THE 20TH CENTURY ❖ by Thomas Dublin and Walter Light ❖ At one time, the northeastern part of Pennsylvania was the anthracite coal For complete capital of the world. The industry collapsed for a variety of reasons detailed in this book. Employment in anthracite insurance protection, declined from 175,000 in 1917 to 3,000 in 1970 and finally to fewer than 1,000 in the year 2000. The book we’ve got you covered. details a region coping with the death of its defining industry and demonstrates how business, labor and government all failed to effectively prepare for and or over 60 years, USI INSURANCE SERVICES has been F meeting the needs of Pennsylvania lawyers. We can satisfy respond to the loss of this industry. The book further your insurance requirements through the following programs: details personal studies of ways in which mining families cope with the economic crisis. ❑ Medical Insurance STUMBLING ON HAPPINESS ❖ by Daniel Gilbert ❖ ❑ Employee Benefits For more details This witty book is written by a Professor of Psychology at ❑ Disability Insurance or a quote on Harvard. He maintains that all psychologists take a vow coverage ❑ Term Life Insurance that sometime during their lifetime they will complete this call today: ❑ Long Term Care sentence: “The human being is the only animal that ...” 724-873-8150 ❑ Medicare Supplement 1-800-926-5287 The author would finish the sentence as follows: “The ❑ Professional Liability www.colburn.com human being is the only animal that thinks about the ❑ Fidelity and Surety Bonds future.” The author then explains in great detail based upon actual experiments and surveys how we think about the future but so often get it wrong. He explains many of the workings of the human brain and how the brain often times tricks us and misleads us. Accordingly, we misconceive our tomorrows and misestimate our satisfactions. 333 Technology Drive, Suite 255, Canonsburg, PA 15317 The book is a light-hearted approach to many deep concepts and discoveries about human psychology. JULYÐAUGUST 2006 sidebar ¥ 21

“Her enthusiasm for mock trial was wonderful to see. I’m sure she will be a foundation focus success in whatever field of work Scholarship Winners she chooses.” “I would Announced like to thank [the WBF] ▲ for giving he Westmoreland Bar “I am delighted that MacKenzie Smith Foundation is pleased to [the WBF has] chosen me the T announce that several law me to receive funding for my legal scholarship opportunity,” says school and college scholarships have education through The Wayne R. MacKenzie. “I can’t even begin to been awarded to Westmoreland Donahue Scholarship and The express my gratitude and appreciation. County residents. Honorable David H. Weiss Memorial I guarantee that it will be put to Scholarship,” he says. “This financial good use. I know that it will help me THE DONALD assistance means a great deal to me as further my education and to reach all LAIRD HANKEY I set out to begin my first year of law of my goals. It is truly and deeply MEMORIAL school. I look forward to this first year appreciated.” SCHOLARSHIP and the challenges that lay in future The Donald Laird years to come.” Hankey Memorial Pro Bono by Scholarship was MOCK TRIAL SCHOLARSHIP awarded to Irwin The Westmoreland Bar Foundation the Numbers resident Sarah R. awarded a college scholarship to Denne. “It is an honor Valley High School Mock Trial team rom January 1, 2006, through ▲ to have the support of member MacKenzie Smith. Valley’s June 30, 2006, the Pro Bono Sarah Denne the members of the attorney-coach Shirley Makuta says FProgram opened 72 cases using Westmoreland Bar Association,” says MacKenzie was a great asset to the 38 attorneys. In the same time period, Sarah, “and I will continue to work team. “She was able to argue all the Reduced Fee Program had 103 diligently in my pursuit of the study aspects of the case materials, including cases opened, and the Custody and eventual practice of law.” evidentiary materials,” says Shirley. continued on page 22

THE WAYNE R. DONAHUE MEMORIAL SCHOLARSHIP AND Looking for a special way THE HONORABLE DAVID H. WEISS to remember someone? MEMORIAL SCHOLARSHIP Births ¥ Deaths ¥ Marriages ¥ Anniversaries The Wayne R. Making Partner ¥ Passing the Bar Donahue Memorial ▲ Scholarship and The ince 1991, the Westmoreland Bar Foundation has raised thousands of dollars to assist the poor, disabled, elderly and Robert Seibel Honorable David H. children in our community. Through the Memorial Program, you Weiss Memorial Scholarship were S can honor a colleague or loved one with a contribution to the awarded to New Kensington resident Foundation. Your gift will help serve the needs of our own who have Robert Seibel. A recent graduate of nowhere else to turn for legal services. Xavier University with degrees in both If you would like to make a gift to the Foundation as English and Political Science, Robert is a meaningful expression of respect, please make a first-year student at the University of check payable to the Westmoreland Bar Foundation Pittsburgh School of Law, where he and mail to WBA Headquarters, 129 N. Pennsylvania plans to concentrate his studies on Ave., Greensburg, PA 15601. international and/or corporate law. 22 ¥ sidebar JULYÐAUGUST 2006 An Open foundation focus continued from page 21 Letter of Program opened 41 cases using 6 Pennsylvania Pro Bono Coordinator attorneys. David Keller Trevaskis, Pennsylvania Heartfelt Twelve new attorneys have enlisted Legal Services Executive Director Sam in the Pro Bono Program. Milkes and Pennsylvania Legal Services Thanks Training and Information Facilitator Henry Leone led the participants To My Fellow Members of the WBA, Pro Bono through two hypothetical situations, ou are part looking at the ethical issues raised of a truly Training through technological enhancement Y outstanding of pro bono practice. bar association Seminar because it is made up of genuinely Held Save the caring people. This truth hit he Pro Bono Program Date! home for me when presented a CLE seminar I entered the Tour on July 11, 2006, at the T e sure to block off Thursday, de Cure cyclist race Westmoreland County Community October 26, 2006, from 4 to 7 for the American College. The seminar was offered free Bp.m., in your calendar so you Diabetes Association to attorneys who volunteered to take can attend the second annual Merry in June. An insulin- pro bono cases referred by Pro Bono ▲ Mixer fund-raiser at TurtleTree Fine dependent diabetic Coordinator Iva Munk. Joe Lazzaro Foods (formerly Caffe Barista). The since age 7, I am very Attendees explored the reach evening will include complimentary fortunate with my and ethical wine tastings diabetes—staying in control, with implications and hors lifetime access to great health care. of the new d’oeuvres and Millions are not so fortunate, facing technology merry mixer will benefit the blindness, amputations, kidney disease being used in ❇ Westmoreland and shortened lives. In my effort to Pennsylvania Bar Foundation. find race sponsors, I was overwhelmed to promote civil legal aid and Last year’s event drew over 100 by the number of my colleagues in the pro bono efforts, focusing on two attendees who enjoyed a unique blend Westmoreland Bar Association who web sites, PaLawHelp.org and of shopping and socializing, complete chose to sponsor me as a cyclist in PAprobono.net (see box below), with “celebrity” judicial bartenders. this event, and by the size of those and the creation of virtual law Tickets are $20 each and can be very generous donations. clinics using these tools. purchased at the WBA office. This year was, by far, the biggest success ever for the Tour de Cure. I was proud to be one of the leading he paprobono.net site is an online legal community that provides information and resources relating to the non-criminal practice of fund-raiser cyclists. I will never forget T law for pro bono attorneys, legal aid attorneys, public defenders your caring and your support for this and other legal advocates interested in increasing access to justice. The cause that is so important to me. home page lists an Events calendar showing CLE training and events Thank you. throughout the Commonwealth which can be accessed by date, location Joe Lazzaro and/or topic.The News area posts items and alerts on issues of interest to advocates representing low-income individuals. Volunteers can offer their services under the New Pro Bono Case Listings area. The site also includes a Roster of Members, Resource Library and E-Mail Discussion Groups. The palawhelp.org site is powered by probono.net and helps low to moderate income people find free legal aid programs in their communities and answers to questions about their legal rights. Callers choose the state where they need the information and follow the provided links to where services can be obtained. wba JULYÐAUGUST 2006 sidebar ¥ 23

• The future of the local PAC was are looking at helping out with the Business of discussed. PBA President Horoho identity theft project. suggested that the WBA PAC • Discussed the Centennial Courthouse the Board work with the state bar or project with a suggestion that the merge/turnover the local PAC WBA board help this project along JUNE 20, 2006 work to the PBA. The PBA PAC, and that law firms from Pittsburgh • Monthly financial report revealed in turn, can carve out some funding also be approached for sponsorship that arbitration fee income is higher for local legislators that the WBA dollars. Deadline for book project than expected. can personally present. Board agreed and funding to support it is October •Young Lawyers are planning a new to refer this to Mr. Falatovich and the 1. Mr. Antoniono agreed to handle service project: Operation Safe Surf, local PAC. this promotion. the Pennsylvania Attorney General's • President Brammell reviewed the • Adjourned to “meet and greet” public education program on Internet procedures for handling lawyer PBA President Ken Horoho at the safety. concerns. Fee Disputes will continue Palace Theatre. President Horoho • Invited PBA President Ken Horoho to to be referred to the Fee Dispute presented Judge McCormick. Jr., attend the July 18 board meeting to Committee. True Disciplinary with the “PBA Everyday Lawyer discuss items of interest to both Board matters will be referred Award”; WBF Chair Dan Joseph organizations; agreed to host a directly to the Disciplinary Board. presented the 2006 Mock Trial social event at its conclusion. Professionalism-type matters will be Scholarship winner, MacKenzie • Attorney General Tom Corbett and handled through telephone contact Smith, with a check. PBA President Ken Horoho are by President Brammell. interested in participating in the • Agreed to construct a doorway Living Trust video project. The between the ACBA space and the proposed site for production of the WBA space on the first floor. Got News? video would be PBI. •Young Lawyer Committee reported that the gathering at Peg Tremba’s Do you have news to share with the sidebar? Making Partner? JULY 18, 2006 house on July 8 generated Marriage? Birth? Anniversary? • PBA President Ken Horoho was in wonderfully positive feedback. Accomplishments? Send us a attendance at the July WBA Board of •Young Lawyers planned two outings: fax (724.834.6855), an e-mail Directors meeting. a Class V rafting trip at Ohiopyle on ([email protected]), a • Bench/Bar Conference final figures August 5 and a rafting/hiking/biking note by carrier pigeon or any show a surplus of $600. This was day at Ohiopyle on August 12. other means and we’ll publish due to the support of our exhibitors • Family Law Committee reported that your news in the next available and sponsors, which covered most it was reviewing a proposal for issue. of the costs. mandatory mediation and that they

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Agents for Commonwealth Land Title Insurance Company

FULL TITLE SEARCHES TITLE INSURANCE ABSTRACTS news REAL ESTATE & MORTGAGE CLOSINGS 24 ¥ sidebar JULYÐAUGUST 2006

CALENDAR OF EVENTS LAWYERS CONCERNED SEPTEMBER 21 Elder Law & Orphans’ Court, FOR LAWYERS 11 Bankruptcy, Noon Noon CORNER 13 Membership, Noon OCTOBER 2 Bankruptcy, Noon ¥ The 12-step recovery Real Estate, Noon meeting, exclusively for Inns, 5 p.m. 9 Courthouse closed in observance lawyers and judges, is in of Columbus Day downtown Pittsburgh every 16 Fall Gathering, 5:30 p.m., Thursday at 5:15 p.m. For Latrobe Country Club 11 Membership, Noon the exact location, call 17 Family Law, Noon Pennsylvania Lawyers Join us for a fun, casual evening Concerned for Lawyers at of music, conversation and dining. Board Meeting, 4 p.m. 1-800-335-2572. $25 Per Person, Cash Bar. 18 Pro Bono on the Road, New ¥ LCL has a new website at Entertainment by WBA Member J. Kensington City Hall www.lclpa.org. Attorneys Eric Barchiesi. Please R.S.V.P. and judges will find informa- by September 8, 2006. 26 WBF Merry Mixer, 4 to 7 p.m., tion on how LCL can help TurtleTree Fine Foods them, a member of their 19 Family Law, Noon family or a colleague who The evening will include may be in distress. It is Board Meeting, 4 p.m. complimentary wine tastings and confidential and easy to 20 Pro Bono on the Road, New hors d’oeuvres and will benefit the navigate. Visit it today. Kensington City Hall Westmoreland Bar Foundation. ¥Lawyers Confidential Tickets are $20 each and can be Help Line: 1-888-999-1941. Municipal Law, Noon Operates 24 hours a day. purchased at the WBA office.

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