the bar

Back issues from 2000 to the present and a comprehensive, searchable index are available THE NEWSLETTER OF THE online at www.westbar.org/thesidebar. sideWESTMORELAND BAR ASSOCIATION VOLUME XXVIII, NUMBER 4 SEPTEMBER 2016

Laurel Legal’s Newest Program

Toby Pamela Ferguson,Help Esq. Thoseproviding patients In with Need information available to address sociodemographic about programs and services offering factors such as income and education aintaining good health is safe housing, meals, transportation, level, employment status, housing difficult enough for those and employment, and the opportunity stability, and social support structure, Mwho have a job and a roof to retain counsel to address their legal “high-risk” hospitals (those with over their heads, but what about those issues. In addition to assisting patients a higher number of lower-income who don’t? Without employment, directly, Laurel Legal provides on-site patients) face punitive measures solely stable housing, health insurance, and training to the clinic’s staff to help them because of who they service.1 transportation, purchasing healthy recognize potential issues in patients. It Statistically, low-income patients food, avoiding negative peer groups, is hoped that reaching are more likely attending doctors’ appointments, out to patients at this to readmit due and filling necessary prescriptions early stage, while they to chronic health becomes almost impossible. With are still in the clinic problems, disabilities, emergency rooms as the only option receiving care, will mental health issues, for medical care and supportive after- help reduce hospital and substance abuse; care unavailable, hospital readmissions readmission rates. social factors such as become the norm. It is a vicious cycle Cited as a major homelessness, unsafe from which there is no relief. cause of lower quality housing, and unstable Renee Williams, Executive Director and higher health employment; and of Laurel Legal Services, Inc., observed care costs, hospital inadequate funds for this cycle firsthand through her work at readmissions have followup care and the University of Pittsburgh School of recently been the medications. Renee Law Health Clinic, and has made it her focus of hospital hopes that the priority to ensure that poverty-stricken administrators, Renee Williams, Executive partnership program families have resources needed to community service Director of Laurel Legal Services will help address overcome the social and legal barriers providers, and the these issues before to staying well. Through a two-year federal government. Congress sought readmission is necessary. IOLTA grant and a partnership with to reduce readmission rates by creating Due to its higher rate of lower- Citizens Family Health Clinic in New the Hospital Readmissions Reduction income families in New Kensington Kensington, Renee’s goal has come Program (HRRP) in the Affordable and surrounding smaller communities to fruition. Care Act (ACA), which fines hospitals (95% of all school-age children are Beginning August 6, Laurel Legal with higher-than-expected readmission considered “poverty” level), Citizens started offering weekly legal clinics rates. While this certainly encourages was chosen as the launch location. for Citizens Family Health Clinic’s hospitals to seek ways to reduce continued on page 4 patients. Laurel Legal staff attorney readmission rates, it penalizes those ______Karen Crow and paralegal Megan hospitals with a higher percentage of 1 Safety-net hospitals have readmission rates Williams are running the clinics, low-income patients. Without programs 30% above the national average.

In Memoriam Foundation Focus Jury Spotlight To-Wit: IN President’s Gary Bequest Benefits Trial on Emily by S. THIS 2Message 3Alexander 5Bar Foundation 7Verdicts 9 Shaffer 11Sponte ISSUE 2 • bar SEPTEMBER 2016 side President’s Message Attention Walmart Shoppers: Legal Servicesby John M. Noble, Now Esq. On Sale ost of you are probably Americans are addressed with the help further describing The Law Store as chuckling somewhat over of an attorney.” Given the reality that “a law firm ... handling basic common Mthe above, perhaps thinking more and more people attempt to transactional services, smaller things. the following is merely a supplemental resolve their legal issues themselves and Things that most every American to the April Fool’s edition of the sidebar. where many others believe they cannot needs, but a lot of people aren’t able, or Unfortunately, the joke just may be afford the help of a lawyer, Walmart’s they don’t know a lawyer or they just, on the entire legal intentions are clear—“whatever the for some reason, they don’t go to a profession as we now barrier to legal representation, The lawyer to get these types of services. know it where, on Law Store hopes to break it down.” Those types of things that can help June 1, 2016, retail The Law Store will operate on an out everyday Americans, but they juggernaut Walmart “up-front, menu-style pricing model” otherwise might not get the service.” announced the instead of the traditional hourly rate To this end, The Law Store hours opening of its and does not charge for the initial reach well beyond traditional law firm venture into the consultation. Joplin attorney and business hours as a way of making legal retail law business Walmart Chief Public Relations representation more accessible: open by way of The Law Officer Katrina Richards states, “What 10 a.m. to 8 p.m. Monday through Store. No, I am we try to do is take the mystery out of Friday, and 10 a.m. to 6 p.m. on not kidding. This is for real. going to a lawyer. You come in and you weekends. A Walmart spokesperson meet with us, we don’t charge for that describes its target audience as “a huge “THE ONLY THING CONSTANT first consultation, and you can look gap in the population” where maybe IS CHANGE.” and say, ‘Well, people could —CHARLES HENRY NOLL these are the afford a lawyer Remember that famous quote services I would There’s that scary “but they from the “Emperor Chas”? There’s like,’ talk to the word again—change— wouldn’t know that scary word again—change— lawyer about that. where to go, continuing to beg the question that You can decide to continuing to beg the that they are stalks our profession: “To change, or purchase them, question that stalks our definitely, for not to change?” In my tenure on the and you know profession: “To change, whatever the WBA Board, I have found that making exactly what you reason, not change is difficult to come by. On the are going to pay.” or not to change?” getting legal other hand, change sometimes comes For example, The services. So those upon us so quickly from outside Law Store will charge $99 to establish are the people we are really wanting to sources that we really aren’t sure how a “simple will,” $79 for non-accident bring in to the legal system.” to react. I tend to think The Law Store speeding “or other traffic tickets,” Still chuckling? Unconcerned announcement falls well within this $49 for bill of sale and $549 for “an since you really weren’t targeting latter category. uncontested divorce” in addition to the lower-income client? Wondering Without much fanfare, Walmart “free services” including notarizing, what Walmart’s malpractice premiums has announced the opening of The obtaining accident reports, and might be? Or are you thinking, Law Store at two locations in Missouri trademark searches. “Isn’t this what we have been trying stating that, “it just makes sense for Five more locations are planned to provide to the lower income legal services to be offered.” While past in Missouri by the end of 2016 and population all along?” Whatever WBA Presidents have addressed the Walmart reports that eleven other your reaction, Walmart certainly growing concern of the pro se litigant, states have expressed an interest. must believe that there is a profit to it appears that Walmart has taken CEO Edward Hershewe reports that be made, and The Law Store very well the bold step to follow-through on its The Law Store could eventually be could be a game changer to the legal research that “less than 20% of legal in as many as 1,500 Walmart stores, continued on page 4 problems experienced by low-income SEPTEMBER 2016 bar • 3 side Remembering

GaryEditor’s note: Gary AlexanderAlexander passed away on Friday, February 5, 2016. He is survived by his brother, Alan J. Koricansky, of Mt. Lebanon, and several aunts, uncles, and cousins. Memorial contributions may be made to Holy Martyrs Church, 353 W. Ninth Ave., Tarentum, PA 15084.

by Jay Kober, Esq. a place called Tingles behind the old Greengate Mall. He enjoyed the array t ain’t no sin to be glad that you are of characters that were part of that alive. Bruce Springsteen fans will scene. Gary was popular with women; Irecognize that line from the song they were popular with him. He “Badlands.” Gary Alexander lived that never settled down and married. It lyric. He lived well, worked hard, and was fun playing Robin to his Batman. Gary lived well. He was a successful played hard. I knew Gary the person A quiet night at home was not his businessman, but we never talked about better than Gary the lawyer. He way. There was always something to business. He had a beautiful home in became a friend during that phase of do, somewhere to go. Lower Burrell with a swimming pool life when the friends of your youth are Gary was athletic—he enjoyed and a basketball court with two hoops. passing out of your life and the adult swimming, skiing, golf, basketball. You could play a full court game on friendships have not yet been made. He sponsored a basketball team in the it. He even had a pool house. One It was 1985, I think, when I met New Kensington area in a competitive Sunday, he invited my family up for a Gary in the Westmoreland County league at the Wolf Pack Park. Recently, swim, and when my son saw his pool Courthouse. Judge Marker was very I dug out a relic from those days, a house he said, “Dad, that is almost as good to young lawyers and appointed T-shirt—kind of on the small side now big as our house.” It was like a private us to children’s bureau cases giving us —that says “Alexander’s Law Office.” I country club. work and courtroom experience. Gary remember when Gary would fit in it, Gary did allow himself one indul- and I met on those cases representing and he looked great in it. On the front gence when it came to his house—he parents. Gary had been a fashion is a snarling bulldog with a little cap had this huge privacy fence. I used to model. He had leading-man good that has G in the center for Gary. Gary joke, “Gary, the astronauts said they looks. I remember thinking this guy could play. I remember there were could see two man-made objects from should be practicing entertainment law some fellows that had had pro tryouts outer space—the Great Wall of China in Beverly Hills or playing in a movie —Chipper Harris, Benji Pryor, people and your privacy fence.” For whatever and having somebody else negotiate may remember those names from back reason, Gary, who was such a social his contracts. But he was more than a in that day. Gary could play with those person, enjoyed that private space, handsome face. He had a dry sense of guys. He invited a scrub like me onto that place he called home. humor and a playfulness that made it the team and he gave me playing time. I feel his presence at the Courthouse. fun to hang out with him. Gary was competitive, but not a There are days I get on the elevator and He was a socialite; he enjoyed the cutthroat. He was dogged, determined, I expect to see him. He was proud to nightlife and invited me to join him on running for judge in his early 30s and be part of this profession, proud of Friday nights. Back in the mid-1980s, for state rep many times later on. In his schooling at Saint Vincent and we would go to Pittsburgh—Chauncy’s, defeat, he was not bitter. I never saw Dayton, proud of his Catholic faith. Confetti, the Metropol—these were him show anger after a loss at the I didn’t get to tell him goodbye, but the hot nightspots back in those days. ballot box. He started from scratch today is goodbye. May God give him In Greensburg, he would head out to politically and gave it the best he had. love, peace, and eternal life. I

the the sidebar is published bimonthly as a service for bar members of the Westmoreland Bar Association. DavidEDITORIAL J. Millstein, BOARD Esq., Editor Letters to the Editor should be sent c/o WBA, 129 The Hon. Daniel J. Ackerman, Assistant Archivist Northside Pennsylvania Avenue, Greensburg, PA 15601-2311, fax 724-834-6855, Pamela Ferguson, Esq., Associate Editor or e-mail [email protected]. the sidebar welcomes submissions from Emily Shaffer, Esq., Associate Editor members or non-members. Please submit to the Articles Editor, c/o WBA. Susan C. Zellner, Associate Editor Back issues from 2000 to the present and a comprehensive, searchable index are available online at www.westbar.org/thesidebar. Diane Krivoniak, Managing Editor 4 • bar SEPTEMBER 2016 side

Laurel Legal’s Attention Walmartcontinued from page 2 continued from page 1 Newest Program Shoppersprofession. Time will tell whether or not this is a gimmicky Renee hopes that people will take advantage of the legal “bust” or whether Walmart becomes what could be the clinics and other social service partnership programs in biggest law firm in the world. the works being offered in their hometown. “Transportation Getting back to the theme, the question of change is a significant problem for low-income families,” she says. continues to encroach us while we historically tend to resist. “They fail to appear for hearings, access public benefits, But we can’t simply try to ignore approaching change as the and obtain follow-up treatment because they have no theme could certainly become change or perish. Just as the way to get there. It is our goal to reach out to them small, locally owned retailers have all but disappeared from and reduce the socioeconomic disparities in legal services our communities, so may the traditional, small “full service” and health care.” law firms. What a concept—retail legal services at a set, The staff at Citizens Family Health Clinic are equally affordable rate. Economics 101. excited about the partnership. Executive Director Debbie Or perhaps it goes deeper than simple supply and Askin offered the following: “We at Citizens Family Health demand. Maybe, just maybe, The Law Store has a silver Clinic are very excited that Laurel Legal has extended their lining. With the increasing number of law school graduates services to our patients. In this area, where the poverty rate unable to find work, maybe The Law Store will be a good is higher than most, it is recognized that a patient’s health thing after all—providing legal representation to people who is often times jeopardized by stress that comes from their need it and aren’t getting it while affording work for the poverty situation. We also recognize that until these factors legally trained unemployed.mployed. I are addressed and taken care of, the patient cannot maintain their health. Given this opportunity by Laurel Legal Services, I feel that we will see a much healthier outcome with our patients as they will be able to concentrate on their health versus other issues.” I SEPTEMBER 2016 bar • 5 side phone helping a Philadelphia lawyer solve a complicated title issue without asking the lawyer’s name and without a thought of billing him. Jim Whelton’s comments echo Larry Kerr’s, stating, “Simplicity foundation focus is a word that might aptly describe Wayne. He didn’t Former WBA President need fancy, although he could well have had it. Leaves Significant He neither desired nor possessed extravagant Bequest to the WBF things.” Wayne’s extravagance was his As a well-read man, Memorialized in the sidebar by former WBA President Jim Whelton, giving spirit: he left sizable monetary Wayne decided to help the Wayne was described as someone who gifts to the institutions that mattered Bar Foundation continue practiced law with “diligence, integrity, most to him: his alma mater, his church, his library, and the Bar its mission—in the words and honesty throughout his fifty-four year career.” Jim counted him as his Association. Each of these institutions of Alfred, Lord Tennyson— mentor, claiming, “Wayne encouraged benefited from this small-town hero ’when I have crost the bar.’ me to immediately become active in with a bigger-than-life legacy. the WBA where he had proudly served Thank you, Attorney Wayne We shall be ever grateful I as president.” From him, Jim said he Whitehead. for his bequest. “learned those intangible attributes — Bruce Tobin, that members of the WBA can Editor’s note: The trustees of the WBF intend to dedicate a Chair of the WBF fortunately take for granted. I “Wall of Fame” in the learned how to WBA building to pay t’s not exactly money from be a professional. ” tribute to bar members heaven,” says Westmoreland Bar At the 2011 who made significant Foundation Executive Director Memorial Service, contributions to the I foundation. The wall Diane Krivoniak, “but Attorney Wayne Wayne’s partner, Whitehead’s donation of $186,000 to Larry Kerr, recounted will allow continued the Bar Foundation is money that that Wayne was “very recognition to those came at the most opportune time, and generous with his who make noteworthy money that is greatly needed to operate legal advice” and was efforts in furthering Pro Bono and other mission-driven “always happy to help the mission of the bar programming of the foundation.” out another lawyer in foundation. Attorney Wayne Whitehead, President of the a bind,” recounting a Wayne Whitehead and WBA from 1978–1979, passed away story where Wayne others will be part of in June 2010 at the age of 78. His wife, spent an hour on the Wayne Whitehead this tribute. Linda, passed away early in 2016. Nicknamed by his law partner, Bob Cassol, as the “Dean of Westmoreland County Property Law” due to the number of real estate closings he handled, Wayne was one of just two or three WBA members who could boast (although boasting was not in his personality) that he also owned a bank. Don’t forget……. Wayne served as solicitor for Manor Borough for 34 years and practiced with the Greensburg law firm of Whitehead & Whitehead alongside PRO BONOCall ROCKS!! David, Amanda, or Terrilyn his brother, Howard. at 724-837-5539 to volunteer!! 6 • bar SEPTEMBER 2016 side More Than Words: Law Day Introduces Students to Miranda

Kristen Weidus

Judi Petrush

by Terrilyn Cheatham, Alaine Generelli Pro Bono Assistant Coordinator

iranda? Who is this Miranda warnings and how Miranda Miranda we speak of? rights work. MWell, this year for Law Day, The classroom visits ranged from a combination of twenty-five judges, kindergarten through twelfth grade magisterial district judges, attorneys, and more than 110 classrooms from and law clerks explained just “who 19 different schools received those Miranda is” and what Miranda rights visits from our volunteers this year! Tom Anderson are all about! We offer our sincere thanks to the The theme for Law Day 2016 following volunteers, without whom was “Miranda: More Than Words” Law Day would not be possible: • Ryan Cribbs and the judges and lawyers of the • Maria Spina Altobelli • David DeRose Westmoreland Bar Association went • Thomas Anderson • Trent Echard back to the classroom to provide over • Tim Andrews • Richard Galloway 2,500 Westmoreland County students • Katherine Bandemer • Alaine Generelli with an explanation of our individual • Magisterial Judge Jason Buczak • Christina Gongaware rights as it pertains to the use of the • The Honorable Gary Caruso • Sherry Magretti Hamilton • Kelly Tua Hammers • Jason Huska • Allen Kukovich • Amber Leechalk LawwSpeak • Elizabeth McCall “At what point then is the approach of danger to be expected? • George C. Miller, Jr. I answer, if it ever reach us, it must spring up amongst us. It cannot • Henry Moore come from abroad. If destruction be our lot, we must ourselves be • Judith Petrush its author and finisher. As a nation of freemen, we must live through all time or die by suicide.” • Joyce Novotny Prettiman • Michelle Shuker Abraham Lincoln, “The Perpetuation of Our Institutions,” address before • Kristen Weidus the Young Men’s Lyceum of Springfield , Ill., January 27, 1838. • Leslie Uncapher Zellers I SEPTEMBER 2016 bar • 7 JURY TRIAL side was fleeing from a recently “corned” JULY 2016 TRIAL TERM f nine cases listed for the July VERDICTS residence across the road. The collision 2016 Civil Jury Trial Term, resulted in the death of Zachary Ofive settled and four were Colucci. Accordingly, Zachary’s father, continued, with no jury trials being mother, and brother filed the above- held during the Civil Jury Trial Term. captioned lawsuit against Defendant, The following jury trial was held alleging wrongful death and negligent during a specially set session in infliction of emotional distress. June 2016. Plaintiffs alleged that the impact and resultant death of Zachary Colucci would not have occurred but MICHAEL COLUCCI; REBECCA L. by Beth Orbison, Esq., COLUCCI; AND DYLAN COLUCCI, Emily Shaffer, Esq., for the Defendant speeding. Defendant INDIVIDUALLY; AND REBECCA and Leeann Pruss, Esq. argued comparative negligence on the COLUCCI AS ADMINISTRATRIX part of Zachary Colucci, alleging that FOR THE ESTATE OF ZACHARY COLUCCI, DECEASED the impact would not have occurred V. in question, Zachary Colucci, 14 years but for Zachary Colucci darting in TY LYDIC old at the time, was participating with front of Defendant’s vehicle and NO. 4743 OF 2012 his brother, Dylan Colucci, 17 years wearing dark clothing, which Cause of Action: Wrongful Death— old at the time, and three friends in a negatively impacted his visibility. Survival—Negligent Infliction traditional Halloween game called Trial Dates: June 20–23, 2016 of Emotional Distress “corning,” which involves throwing Plaintiffs’ Counsel: Michael W. This action arises from a fatal dried corn kernels at homes in an Calder, Rosen Louik & Perry, P.C., Pgh. vehicle accident involving a pedestrian, attempt to rouse the residents, and Defendant’s Counsel: Kenneth Ficerai, Zachary Colucci, and a vehicle then fleeing to evade capture. On that Mears, Smith, Houser & Boyle, P.C., driven by Defendant, Ty Lydic, which evening, shortly before 11:00 p.m., Gbg. occurred on September 17, 2011, on Defendant was driving home along Trial Judge: The Hon. Chris Scherer White School Road in Unity Township, White School Road when his vehicle Result: Verdict in favor of the I Westmoreland County. On the evening collided with Zachary Colucci, who Defendant. 8 • bar SEPTEMBER 2016 side

New Memberhas been admitted as an associateSketchesHistory from Washington & Jefferson College, and his J.D. JENNIFER C. BITTEL member of the WBA. She earned a Bachelor of Science from Duquesne University. Chris is a Public Defender for degree in Psychology from the University of Pittsburgh, Westmoreland County. with a minor in English Literature, summa cum laude, and has joined the WBA as an PATRICIA L. MCGRAIL her Juris Doctorate from the University of Miami School associate member. She received a B.A. in Economics of Law in Coral Gables, Fla. Jennifer is an associate with and Urban Studies from Marietta College, and her Juris McGrail & Associates in White Oak. Doctorate from the University of Pittsburgh School of Law. has joined the WBA as a President and Managing Attorney of McGrail & Associates JENNIFER DEFLITCH participating member. Jennifer earned her B.A. in Political in White Oak, Patricia and her husband, John, have three Science from Bucknell University and her J.D. from children, Brendan, Connor, and Colin. Duquesne. A Public Defender for Westmoreland County, was admitted to the WBA as an JEFFREY D. RIES she and her husband, Jason, reside in North Huntingdon associate member. He earned a Bachelor of Science in with their children, Isabella and Ainsley. Business Administration, cum laude, from the University was admitted to the WBA of Pittsburgh. He remained at the University of Pittsburgh MATTHEW HERRON as a participating member. He earned a bachelor degree and received his Juris Doctorate. Jeffrey is an associate with in Psychology from Washington & Jefferson College, McGrail & Associates in White Oak. and earned his J.D. from the University of Pittsburgh. has been admitted as a participating KRISTY RIZZO Matthew is the Managing Attorney for The Debt Doctors member of the WBA. She earned a bachelor degree in at QuatriniRafferty in Pittsburgh. He and his wife, Political Science from the University of Pittsburgh, and Katherine Underwood, live in Pittsburgh with their her J.D. from Penn State’s Dickinson Law. An associate with children, Eliot and Eion. Mears, Smith, Houser & Boyle in Greensburg, Kristy and , son of The Honorable her husband, Ryan, live in Greensburg with their children, CHRISTOPHER MARSILI Anthony Marsili, has been admitted as a participating Carter and Grady. has joined the WBA as a member of the WBA. He earned a bachelor degree in APRIL SCHACHTNER participating member. April earned a bachelor degree in Anthropology from Saint Vincent College and her J.D. from Duquesne University. A judicial law clerk for The Hon. Scott O. Mears, Jr., she and her husband, David, live in Dunlevy. was admitted to the WBA CHRISTOPHER SKOVIRA as a participating member. He earned a degree in Business Administration from Washington & Jefferson College, and earned his J.D. from Duquesne University. Christopher is an associate with Avolio Law Group in Greensburg. has rejoined the WBA as DONALD P. TAROSKY, SR., a participating member. He earned a degree in Engineering from Penn State, and his J.D. from Duquesne University. Don is a partner and head legal counsel of Colony Holding Company in North Huntingdon. He and his wife, Rosemary, have three sons, Patrick, Matthew, and Donald, Jr. has joined the WBA as an ASHLEY S. WAGNER associate member. Ashley earned her B.A. in Political Science, cum laude, with a minor in professional writing from Elizabethtown College, and her J.D. from Duquesne University. An associate with McGrail & Associates in White Oak, she and her husband, Matthew, live in Pittsburgh. was admitted to the WBA as a RENEE WILLIAMS participating member. She earned a B.A. in Theatre Arts from Point Park University, and earned her J.D. from the University of Pittsburgh. Renee is the Executive Director of Laurel Legal Services in Greensburg. I SEPTEMBER 2016 bar • 9 side

SpotlightEditor’s note: Emily Shaffer is the newest ontough Emily life situations, so I Shaffer think one member of the sidebar’s Editorial Board, of the most important qualities an and is The Hon. Anthony G. Marsili’s attorney can have is compassion. law clerk. Q WHERE DO YOU LIKE TO Q WHAT JOBS HAVE YOU TRAVEL? HELD PRIOR TO BECOMING AN A I take a trip with my best ATTORNEY? friend every year to a different U.S. A I had a lot of odd jobs prior city. So far, Nashville is my favorite, to law school and the bar exam. My with Denver coming in a close second. favorite job was working as a bridal consultant at MB Bride while I was in Q Q WHO ARE YOUR HEROES college. I also worked at Orange Julius WHAT ADVICE WOULD YOU IN REAL LIFE? GIVE TO ATTORNEYS NEW TO THE pretty much the whole way through A My mom and my sister are my PRACTICE OF LAW? high school, and I can still make a real-life heroes because they work so A Find a good mentor and don’t pprettyrett decent smoothie. hard and jump into everything head let your writing or researching skills first. They work tirelessly at their day get rusty. Q WHAT IS jobs and they come home and do everything else—from yard work to Q THE QUALITY WHAT IS THE BEST ADVICE YOU MOST cleaning to making the best food I’ve YOU EVER GOT? LIKE IN AN ever tasted—and they do it all with a A I used to work for Dr. Sharon ATTORNEY? A As attorneys, smile. They are always the first to show Smith, President at the University of wwee have the opportunity up when someone asks for help, and I Pittsburgh at Greensburg. When I ttoo help people through benefit greatly from always being able was getting ready to take the LSAT, to depend on them. continued on page 10 10 • bar SEPTEMBER 2016 side

continued from page 9 Spotlight on Emily Shaffer I remember her trying to help me calm When she died she was my last-living A Photography. I’ve taken a my nerves. Dr. Smith told me to look great-grandparent and one of the first few classes recently at the community at myself in the mirror and say, out people to pass away that I was really college to learn more about digital loud, “You have succeeded before and close to. I used to just throw those old photography and Photoshop and I you will succeed in this.” It’s something pieces of jewelry in a box, but now I spend a lot of my spare time trying to that I still do when I get nervous and it wear them proudly as pieces that I will get better at using my camera. actually really helps. always treasure. Q Q Q DO YOU HAVE ANY PETS? WHAT DO YOU CONSIDER WHAT IS IT THAT YOU A I adopted a Blue Heeler named YOUR GREATEST ACHIEVEMENT? MOST DISLIKE? Callie last December. She has become A My greatest recent achievement A Jell-O. my shadow around the house, but we has been finishing my first half also love spending time at the lake and marathon this year. Running 13.1 Q WHAT TALENT WOULD YOU the dog park. miles (all at once!) was something I MOST LIKE TO HAVE? A never thought I’d be able to do! Interior design. I bought my Q first house in January and am suddenly WHAT IS YOUR MOTTO? I Q extremely jealous of people who have a A “Just keep swimming.” WHEN AND WHERE WERE YOU HAPPIEST? knack for creating that chic, homey A My grandparents have had a atmosphere, as that is my latest struggle. house on Indian Lake for as long as I Q Lawyers’ can remember. When I think about my WHAT DO YOU VALUE happiest memories, most of them have MOST IN YOUR FRIENDS? taken place with my family and friends A Honesty. My friends will Exchange at the lake. always tell me the things I need to (Free to all members of the WBA) hear, whether I like it or not. I like Q to surround myself with people who WHAT IS YOUR MOST POSITION AVAILABLE Full-time legal TREASURED POSSESSION? aren’t afraid to tell me how it is, and A I have a lot of old jewelry, who don’t get offended when I’m secretary for Greensburg law firm. pins, etc., with the letter “E” on them honest with them. Strong computer skills required. Benefit package included. Send that were given to me by my great- résumé to Diane Krivoniak at the WBA, grandmother. I was named after her, Q WHAT PROFESSION, [email protected]. and she was always so proud of that. OTHER THAN YOUR OWN, WOULD YOU MOST LIKE TO ATTEMPT? OFFICE SPACE AVAILABLE FOR RENT 1,100 square-feet, 206 N. Main St., price negotiable, ground floor level, three private offices and conference room, parking behind building. For more information, [email protected].

REFERRALS ACCEPTED Contracts and business law. Also will do research and writing for attorneys. Contact Terrilyn Cheatham at the Westmoreland County Pro Bono Office —724-837-5539.

RESEARCH OR CONTRACT RATE WORK performed for employment law and contract law. If you need research performed or want me to work on one of these cases at a contract rate, please call Sharon Wigle at 724-423-2246 or email [email protected]. SEPTEMBER 2016 bar • 11 side

To-Wit:by S. Sponte, Esq. Howhairballs Special onto unsuspecting fellow weight and temper movie-going patrons, what is a judge management f there’s anything I’ve learned to do? Sending, for instance, pseudo- seems to be just in my many years of practice it felines to jail fails to appropriately the ticket, but if Iis that when it comes to keeping honor a lawful lifestyle choice, would that fails, a dietary up with societal changes, the law surely incur the wrath of the ASPCA, injunction of two moves with the speed and facility and would impose upon an already thousand calories a of a glacier towed with dental floss. overburdened penal system the expense day coupled with The protracted application of the law’s and bother of purchasing cat litter the use of a monitoring gullet equal protection to African-Americans, in bulk. Instead, Furry Court might collar could always be imposed. women, and gays readily jumps to impose a thirty-day yard arrest, taking Unfortunately, recidivism waddles mind as does its as-yet refusal to do the miscreant off the street for a term rampant in such matters, but one the same for the clinically silly. and further assuring that the appur- can always hope. Thus it is with more than a tenant residence might for a while Those are just two examples for modicum of pleasure and approval that be free of certain kinds of vermin. which a specialized court may prove I note the emergence of the so-called —The avoirdupois- useful but there are many others. FAT COURT specialized courts to deal with certain challenged also present the courts Drunk Court, Hussy Court, Stupid particularly complex and intransigent with a weighty problem. Consider Court, and Obnoxious-As-Hell Court societal issues for which employment the recent case of the guy-and-a-half loom as possibilities. As always when of traditional legal solutions have trucked into court for throwing a fit society lumbers towards compassion, proved largely ineffectual. In my own because he missed the two o’clock progress will be slow and laborious. I little backwater county, for instance, Chinese luncheon buffet cutoff time will be long-retired before such things there is now a nascent interest in when he got winded in the parking come to pass, and it’s just as well. I’d the implementation of both a drug lot. Putting a guy like that in jail makes hate to still be around when Smart-Ass court and a veterans court to provide no sense; no cell could hold him. A Court convenes. non-traditional resolutions for these referral to appropriate organizations for ©2016, S. Sponte, Esq. highly complicated problems. As much as I applaud the progressive attitudes embodied in such endeavors, I don’t think the movement has gone where in the world nearly far enough. There are so many ISIS THETHE WBAWBA MEMBER?MEMBER? other alternative and vicissitudinous manners of living worthy of the law’s compassion that I think we have just scratched the surface. I have identified two other examples of divergent living which would undoubtedly benefit from the creation of their own specialized courts, and I present them here forthwith in the hope that someday all creatures, great and small, may enjoy the full and free-flowing majesty of the law. WBA President-Elect Tim Andrews celebrated his most recent birthday by —Oh those furries, checking Grand Canyon National Park off his bucket list. He and his wife, CJ, FURRY COURT daughter, Haley, and Haley’s boyfriend, Aaron, visited the South Rim this past huh? Who can account for a human’s March. Although first afforded Federal protection in 1893 as a Forest Reserve desire to dress and act exactly as a cat and later as a National Monument, Grand Canyon did not achieve National or dog or, as in one case of which I Park status until 1919. have knowledge, a humpback whale? When such folks have been leash-led into court for humping a stranger’s leg GRAND CANYON, ARIZONA on a downtown street or for spewing 1212 • barbar SEPTEMBER 2016 sideside

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TheA America Republic First Committee on theDivided Brink of World War II by The Hon. Daniel J. Ackerman

t was a cold and dreary afternoon, even for the first week of December, No newspaper was Ias Ed Hahn ascended the sloping too small, no hamlet too walkway which led to the steps and front entrance of the Soldiers and remote, no group of Sailors Memorial Hall in Oakland, citizens too insensitive a stone’s throw from his alma mater, to be untouched. the University of Pittsburgh. Not — Time, May 13, 1940 much was going on this Sunday. The 23-year-old Hahn was There were a few en route to satisfy his curiosity by professional football attending a rally entitled “Christianity games being played, and Intervention,” sponsored by the but they wouldn’t America First Committee (AFC). be broadcast in While he was curious, he certainly Pittsburgh, and they wasn’t ignorant. He knew what the didn’t involve the AFC stood for, as well as conditions The Hon. Daniel J. Soldiers and Sailors Memorial Hall in in the world leading up to this day. Ackerman Steelers who had Oakland, the site of an America First already finished Two months earlier, the committee Committee rally in December 1941. the 1941 season with a dismal record and its supporters had gathered at the of 1-9-1. No one cared much about Carnegie Music Hall at the conclusion because in approving the rental of the the Steelers anyway, for in this town of a torchlight motorcade which began music hall, the president of the Carnegie football belonged to the Pitt Panthers, on Flagstaff Hill in Schenley Park, Institute included a stipulation that who had a history of actually filling wound through downtown, and back Charles A. Lindbergh should not their 69,400-seat stadium, something to Oakland. The event had generated appear on the program. (The famous the Steelers could never hope to do. significant coverage in the press aviator had become a polarizing figure whose AFC rallies drew both large supportive crowds, as well as protesters —a combination which, in other cities, had resulted in street fights— and anti-Semitic accusations in a September speech were now particularly haunting him). Further, the Reverend Charles Voss, of the Smithfield Congregational Church, had charged that a recent America First meeting in Brentwood had involved “fierce anti-Jewish tirades.”

THE AMERICA FIRST COMMITTEE The America First Committee, which started in 1940 as a student movement at Yale University, was an isolationist organization protesting what seemed the likely American continued on page 14 14 • bar SEPTEMBER 2016 side

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Ainvolvement Republic in yet another European Divided war, whose objections members in 450 chapters across the country. But, like any included any aid to Great Britain which had been at war movement that gathers steam so rapidly, its growth was with Germany for a year. bound to attract some adherents who had a dark side. To assume, as some did, that its members were all The dark side was often displayed in statements of wild-eyed unpatriotic bigots would be wrong. The United Lindbergh, the committee’s principal spokesman. The States was not yet at war and most AFC members and darling of the 1920s by reason of his transatlantic flight, supporters were patriotic Americans who believed that Lindbergh, at one time, was the most popular man in entering the fight would not be in our national interest. America, if not the world. His opinions and utterances, While some of its early strength came from left-wing which often contained remarks both pro-German and leaders, such as Norman Thomas,1 its members, donors, racist, appealed to a segment of the population who put and supporters included office holders, right-wing their faith in oppression and deceit, such as followers of publishers, heads of major corporations, World War I Father Charles Coughlin, the “radio priest,” whose weekly veterans such as flying ace Eddie Rickenbacker, Medal of broadcasts were laced with intolerant, divisive screeds, and Honor winner Sergeant Alvin York, and Theodore Roosevelt were heard by thirty to forty million people—one-third of III (commonly known as Theodore Roosevelt Jr.), as well the country’s population. As his audience increased, so did as university students who would be leaders of the next the toxicity of his broadcasts, such as assigning the cause of generation: future President Gerald Ford, future Supreme the Great Depression to the “international conspiracy of Court Justice Potter Stewart, future Peace Corps director Jewish bankers.’’ Sargent Shriver, and future President John F. Kennedy, Prior to the elections of 1936, Coughlin endorsed a who contributed $100 to the AFC, along with a note of third-party right-wing candidate for the presidency, telling encouragement stating, “What you all are doing is vital.” listeners, “America was seeing its last Presidential election.” In the fifteen months from its founding on September 4, Adding, “We are at the crossroads. One road leads to 1940, the America First Committee grew to 800,000 paid Communism, the other to fascism.” For himself, he announced, “I take the road to fascism.” Calling for ______1 Six-time presidential candidate for the Socialist Party of America. “restoring America to the Americans,” and preaching anti-Semitism, he earned the praise of the semiofficial newspaper of the U.S. National Socialist Party for having “the courage to speak his convictions.”

FIGHTING THE DARK SIDE The nemesis of the America First Committee was Franklin Roosevelt, who, since the outbreak of the war in Europe, pursued what he privately called a policy of “aggressive non-belligerence” by trying to do whatever he possibly could to aid and encourage the Allies, particularly Great Britain, without running afoul of the neutrality laws, including the implementation of America’s first peacetime draft. Congressional hearings on the draft precipitated a march on Washington by such diverse groups as the Young Communist League, the German-American Bund, the “Mother’s Movement,” and thousands of unaffiliated citizens; while on the floor of the House, tensions ran so high that fisticuffs broke out between representatives. In a 1940 speech at the University of Virginia, the president insisted that Americans would not allow their nation “to become a lone island, a lone island in a world dominated by the philosophy of force.” Yet, at the time, the American public was adamantly opposed to sending U.S. troops. Only seven percent favored entering the war, which one-third of Americans believed Germany would win; and two-thirds said the nation should avoid taking sides and do nothing. SEPTEMBER 2016 bar • 15 side With such numbers, and the 1940 conscripts outside the U.S.; and the thwarted the hopes of the administra- election coming up, where Roosevelt neutrality laws remained in place. tion for stronger action. As author was seeking an unprecedented third The war had left Britain nearly Marc Wortman notes: “The world term, the president was in a quandary. insolvent, and U.S. law prohibited sales would pay a terrible price for the The Republican Party ran an attack to belligerent nations if they did not rhetoric of American election politics.” ad on the radio directed at the nation’s pay in cash. The president then came The tug of war for American mothers: “When your boy is dying up with a plan to simply loan weapons public opinion wasn’t just a domestic on some battlefield in Europe,” the to Britain, conditioned only upon the exercise. British intelligence was announcer intoned, “and he is crying return of the weapons when they were doing its utmost to help make out ‘Mother! Mother!’—don’t blame no longer needed. The Lend-Lease the case for aid with the American Franklin D. Roosevelt because he sent program provided some relief to the public and, by hook or crook, to your boy to war—blame YOURSELF, drowning British, but, by and large, undermine isolationist sentiment. because you sent Franklin D. Roosevelt the isolationists and the president’s British Security Coordination (BSC) back to the White House!” own campaign promise had effectively continued on page 16 The president responded: “I have said this before but I shall say it again and again and again: Your boys are not going to be sent into any foreign Retire…from work. wars ...” That statement shut the door on any direct action against Hitler, Reignite…your life. short of an attack on America. When the tally of the ballots came in on election night, a disappointed Charles Lindbergh blamed the electoral system for Roosevelt’s victory, and suggested to his friends that it was in need of being reformed. “One of the first steps,” he said, “must be to disenfranchise the Negro.” Responding to one of Lindbergh’s radio speeches, FDR wrote Henry Stimson (soon to be named his secretary of war), “When I read Lindbergh’s speech I felt that it could not have been better put if it had been written by Goebbels [the Nazi propaganda minister] himself.”

THE RESULTS OF THE ELECTION Roosevelt won the election, but not by the margins which had carried him before, and the issue of intervention 5BLJOH
1MBOOJOH
1FSTPOBMMZ refused to go away. The enabling legislation which created the draft was encumbered by an amendment which precluded the deployment of  

LindsayUHHQVEXUJ Turchetta, AWMA didWBA Memorial you Service know? transcripts Financial Advisor, Waddell & Reed, Inc. from 1960–2016 are online at 2016 Highland Ave    westbar.org/memorial_service. G , PA 15601 You must be logged in Phone: 724 493 9473, Fax: 724 420 5043 to access that page.   [email protected] & Reed, Inc. (0 /1 ) | Member SIPC 16 • bar SEPTEMBER 2016 side

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Aran a spy Republic network in the U.S. (known DividedWheeler announced he would transmissions. It learned that the only to FDR), directed by William S. investigate “interventionists” in the consulate had ordered its employees Stephenson, with the goal of exposing motion picture industry. to burn their code books and other or eliminating German undercover Time was running out for Britain. sensitive material. agents, as well as investigating and It was questionable how long it could reporting isolationist activity. (One of hold out under German bombing THE BEGINNING OF THE END Stephenson’s subordinates, Ian Fleming, without American intervention, yet the FOR AMERICA FIRST would later base his fictional character, president held back. Columnist Joseph It took awhile for the large crowd James Bond, on Stephenson). Alsop wrote: “[Roosevelt] hopes to to inch its way through front doors On the other side, Germany and drive the Germans into shooting first of the Soldiers and Sailors Memorial Italy entered into the Tripartite Pact ... No one can doubt the German high Hall. By the time Ed Hahn reached with Japan, sending the message that command will do everything possible the cavernous 2,300-seat auditorium, if America wasn’t careful it might to avoid shooting first.”2 all the seats on the ground floor were find itself involved in a two-ocean On Saturday, December 6, the taken and he had to find his way to war, hoping that such a prospect might New York Times was working up an the balcony. From there, he had a good dampen the ardor of the interventionists. article for its Sunday paper pointing view of the large stage decked with red, The Axis powers, however, were not out Tokyo’s relaxation of its previous white, and blue bunting and a sign naive, they recognized Lend-Lease for warlike pronouncements. Earlier, in stating bluntly, “No War.” what it was—a step by America toward Honolulu, the FBI placed a wiretap At 3 p.m., the program began with war. The day Lend-Lease became law, on the telephone lines to the Japanese hymns sung by the Bellevue Methodist the official Nazi newspaper in Berlin consulate after a local broadcast Church Choir, followed by a lineup wrote: “We now know what and company, citing privacy, denied its of local speakers, which led to the main against whom we are fighting, and request to read the consulate’s radio address by Senator Gerald P. Nye of North Dakota. The litany was familiar: the final struggle has begun.” ______Still, half of America remained 2 There was a shooting incident between the attacks on Roosevelt as a warmonger isolationists, and the debate between U.S.S. Greer and a U-boat on September 4, 1941, and pledges not to send our boys to them and the interventionists became after which FDR directed the Navy to shoot-on- war, interrupted by applause or cheers. sight Axis warships which entered what the U.S. About a quarter of an hour before more contentious and vitriolic. In deemed “neutral waters.” Forty-three days later, August 1941, the Selective Service on October 17, a German submarine torpedoed the program started, a reporter told Act was extended by a vote of 203-202 the U.S.S. Kearny, killing 11 American sailors; and the speakers backstage that there had on October 31, a U-boat sank the U.S. destroyer been a Japanese attack. The committee in the House of Representatives, and Ruben James, with the loss of its entire crew of 115. Democratic Senator Burton K. Still, war was not declared. concluded that the “news” was simply a rumor, or a hoax, one of the many “dirty tricks” they accused the interventionists of playing, and the speakers proceeded as planned. But all did not go according to plan. In the audience sat a white-haired gentleman, who, like all men present, was dressed in a suit and tie; a colonel in the U.S. Army Reserves. When he had heard enough, Colonel Enrique Urrutia rose to his feet and shouted out to the speaker: “I wonder if the audience knows that Japan has attacked us and that Manila and Pearl Harbor have been bombed ...” Calls of “throw him out” interrupted him as ripples of surprise, disbelief, and anger floated through the audience. For the colonel’s protection, police officers escorted him out of the hall. SEPTEMBER 2016 bar • 17 side Senator Nye continued his speech, Built in 1910, but from time to time aides passed the 2,300-seat notes to him which he seemed to auditorium at ignore, until finally one reached him Soldiers and Sailors that brought him to a halt. “I have Memorial Hall in before me,” he said, “the worst news Oakland features that I have encountered in the last the Gettysburg 20 years.” A penetrating silence fell Address on the over the hall. “I don’t know how to wall behind the report it to you, but I will report it stage (below). just as the newspaper man reported it to me.” Upon reading the message which had been given to him, he added, “I can’t somehow believe this ... but I suppose I must.” With those words, the America First rally came to an end. The AFC had been against the war, but it was not a pacifist organization. Before the day was over, the Chicago AFC headquarters announced that the committee had disbanded, and called of anxiety and hostility which had Beach, he received the Medal of on its former members to support separated the American people for Honor. Thirty-six days after D-Day, “all out hostility ... until the conflict over two years. he died from a heart attack. with Japan is brought to a successful Tens of thousands of former AFC Ed Hahn would be in an army conclusion.” The Empire of Japan supporters answered the call to military uniform in France in 1944. After the succeeded in both crippling the U.S. service. Charles Lindbergh, who had war, he ran an office supply store in Pacific fleet, and removing the barrier resigned in protest from the Army Air Oakland, obtained a master’s degree in Force Reserves tried to get American history from Pitt, followed back in, but the president, by a degree in archival studies from who was in no mood to Duquesne. Completing a circle, he forgive and forget, saw would return to the Soldiers and to it that his military Sailors Memorial Hall, where he commission would witnessed the last America First rally, not be reinstated. to become its archivist, a position he On the other hand, also held with the Westmoreland one of the most prominent County Historical Society. I and vocal members of the AFC, Theodore Roosevelt, SOURCES Jr., son of the former — “America First Group Ready for Meeting,” Pittsburgh Post-Gazette, president, and an 6 Oct. 1941. antagonist of FDR, his — Kehl, James A. “The Pittsburgh distant cousin, was an Fallout From Pearl Harbor,” Western army reservist, who, several Pennsylvania History, Winter, 1999. days after Pearl Harbor, — Olson, Lynne. Those Angry Days: was promoted to the rank Roosevelt, Lindbergh and America’s of brigadier general. At age Fight Over World War II, Random 56, he was the only general House, 2013. to arrive by sea in the first — Pritz, Mary Lynne. “Lifestyle: A wave of troops on D-Day. decision that lives in infamy,” For his efforts in rousing Pittsburgh Post-Gazette, 2 Dec. his men and personally 2001. leading them into a charge — Wortman, Marc. 1941: Fighting the on German machine gun Shadow War, Atlantic Monthly Press, emplacements on Omaha 2016. 18 • bar SEPTEMBER 2016 side I Voted to accept Planning Committee recommendation to explore BRIEFLY establishment of a Westmoreland Actions of Bar Institute, an online CLE program. I Voted to advertise any PBA House SPEAKING the Board of Delegates opening to the entire JANUARY 21, 2016 I Accepted 2016 budget as presented. membership beginning April 2016. Voted to accept RFP from Deluzio I Voted to require WBA representatives Michael D. Ferguson,Senior and Company for compilation of from the PBA House of Delegates to Partner at Ferguson Law 2015 WBA finances. send business/action items of House Associates in Latrobe, has I Accepted Membership Committee of Delegates to membership no less been elected to the Board of report as submitted: Ryan Dansak, than once a year via written report. Governors of the Western participating. I Agreed to advertise speakers Pennsylvania Trial Lawyers I Approved February 2 CLE offered who come to monthly committee Association. Mike is the only through partnership with CASA for a meetings to entire WBA membership attorney from Westmoreland County serving on discounted rate of $15/credit for to encourage attendance. the WPTLA Board of Governors. The WPTLA was court-appointed attorneys only. I Agreed to send out committee list organized to promote, improve, and advance the I Voted to partner with Fayette County similar to what has been done in common interest of all members in the causes of Bar Association and Penn State previous years, to allow registration trial advocacy, trial by jury, and in encouraging University to participate in Veterans of more than three committees, and fellowship and understanding between the CLE program on April 29, with to allow email returns of forms. members of the bar and the judiciary. WPTLA sponsorship up to $500. I Agreed to award “Committee of the strives to be a voice for injured victims and to I Ratified president’s approval of a Year” to the Young Lawyers. uphold and defend their rights under the partnership with the Community American legal system, including trial by jury. I Foundation and UPG on Friday, February 12, at the University of MARCHI Accepted 24, Membership2016 Committee Pittsburgh at Greensburg for the report as submitted: April Schachtner, Philadelphia Mural Arts program. Matthew Herron, and Donald Tarosky, I Learned that Westmoreland will participating. have one additional three-year term I Voted to accept Planning Committee and a YL seat on the PBA House recommendation to form a Tech of Delegates; Ms. Soohey will fill Task Force to address technology the 3-year term. issues that face members of the bar I Voted to update pictorial directory Richard N. Lettieri (second from left), including social media and new rules E-Discovery Counsel at the Lettieri Law Firm, LLC, including new members by working of professional conduct. in Pittsburgh, was the recipient of a special award with Photographer Jim Andrews for I Agreed to invite Planning Committee conferred by the U.S. Court, Western District of new photos of all interested bar chair to present Planning Retreat PA, at a reception in his honor on June 14, 2016, members for a cost of $1,650. recommendations to the board at a at the Harvard-Yale-Princeton Club in Pittsburgh. board meeting each year. I Learned that President Soohey The event was sponsored by the Federal Bar FEBRUARY 18, 2016 Association (FBA). The award was presented by I Accepted the Membership selected Zach Kansler to fill the Zone Chief Judge Joy Flowers Conti of the U.S. Court Committee report as submitted: 6 YL House of Delegates position. (second from right), who praised Rick for helping Christopher Skovira, participating. I Voted to continue the tradition of to make the U.S. Court, Western District of PA, a I A one-year Presidential appointment providing a portrait of deceased national leader in e-discovery through his efforts to the PBA House of Delegates is President Judges to be hung in the over the past decade, which include creating and available and WBA board member courthouse, and to use a local artist. executing the “E-Discovery Series,” a quarterly Pat Noonan has agreed to serve. I Authorized hanging a plaque in the educational session sponsored by the FBA that I Agreed that President Soohey is WBA kitchen recognizing Mr. Peluso has been attended by over 1,300 attorneys in to appoint a young lawyer to fill for his service as the President of Western Pa. over the last nine years; five articles the PBA YL Zone 6 representative the Duquesne University Law School on e-discovery co-authored with federal judges position. Alumni, at his expense. that appeared in national legal periodicals; and I Learned that the Pro Bono office has I Agreed to present the Outstanding his efforts as co-chair of the Court’s E-Discovery successfully been switched to the YL award to Kristen Weidus. Special Master Committee that created the first Lawyers Lounge. Approved $600 I Agreed to hold a one-day local board e-discovery special master program in the nation. expenditure for relocating keypad retreat with preference at Mr. Noble’s Also shown are Greg Monaco, FBA Officer (left), to entrance of new Lawyers Lounge. house on Friday, May 20. and Judge Nora Barry Fischer (right). I SEPTEMBER 2016 bar • 19 side

MAYI Accepted 20, 2016 Membership Committee report: Renee Williams and Christopher Marsili, participating; Keeping Ashley Wagner, Patricia McGrail, Jeffrey Ries, and Jennifer Bittel, Up With associate. I Approved reconfiguring westbar.org The Young website to be responsive as a mobile site. Lawyersoday’s young professionals are I Voted to revamp LRS website and the movers and shakers of the present a prototype to the board workforce, and the Young along with pricing for an overhaul T Lawyers of the Westmoreland Bar of the LRS. Congratulations to Association are no exception. Here Richard Lorenz I Agreed to make the attorney listing and his wife, Maree, who welcomed are a few things that are keeping our on our website more prominent. their son, Richard Joseph Lorenz, Young Lawyers busy. I Approved the development of on August 10, 2016. Rick is an • In January, Tyler Jones became a an online CLE, similarly titled associate with DeBernardo, Westmoreland Bar Institute. partner with Mary Ann Petrillo in Antoniono, McCabe & Irwin, renaming the firm “Petrillo Davis, P.C., in Greensburg. I Approved the development of a YouTube “how to” series for young Jones, LLC.” In June, he was one lawyers including topics such as of twelve people to receive the Boy how to take a deposition, how to Scouts of America Westmoreland draft a deed. County Trailblazers Award to I Agreed to discuss a possible recognize professionals under 40 in increase in arbitration fees with Westmoreland and Fayette County. the board of judges. • Richard J. Lorenz joined DeBernardo, Antoniono, McCabe, & Davis, P.C., in Greensburg, as JUNE 16, 2016 I Accepted Membership Committee an associate attorney, and became report as submitted: Jennifer a Trustee of the Westmoreland Bar DeFlitch, participating. Foundation. I Approved 990 as prepared by the • George Miller and Andrew Skala accountant. recently combined practices to I Agreed to ask Mike Stewart II Congratulations to form Skala | Miller, PLLC, a general Abby De Blassio to assume the leadership of the (left) who welcomed a daughter, practice, with emphasis on family Nominating Committee. Emmitt Jordan (center), to her law, criminal law, property and family on August 17, 2016. At right I Agreed to invite the PBA to hold a estates litigation, and civil rights CLE on Casemaker along with a is Bronx County, N.Y., Family Court Judge Sarah Cooper, who presided demonstration on other benefits of litigation. As part of that transition, George left his position as The Hon. over the adoption hearing. Abby is PBA membership, e.g., insurance, a sole practitioner in Greensburg. coupons, listservs. Harry F. Smail, Jr.’s law clerk on I Agreed to research the possibility of August 5. In addition to his new launching a formalized WBA Mentor practice, George recently entered his program at the recommendation of second year teaching Trial Advocacy the Young Lawyers. to prelaw students at Saint Vincent I Approved partnership with the College, alongside the esteemed Thomas More Society on two Bruce Antkowiak. He also will be Dogot you have news? news to share with CLEs that deal with an update on giving a public lecture, as part of the sidebar? Making Partner? Adoption and Advanced Healthcare the Finance Department lecture Engagement? Marriage? Birth? Directives, specifically the Catholic series at SVC, on September 22, Moving? Retiring? Anniversary? living will. 2016, tentatively titled “Why Milestones? Awards? Community I Agreed to advertise the opportunity Everyone Should have a Prenuptial Involvement? Accomplishments? to serve on the PBA judicial Agreement as a Financial Planning Email [email protected] evaluation commission. I Device.” I and we’ll publish your news in the next available issue. PRESORTED STANDARD U.S. POSTAGE PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org

CALENDAR OF EVENTS You are not alone. All committee meetings and activities will be held at the WBA Headquarters unless otherwise noted. Visit for more information about activities and CLEwww.westbar.org courses, or to . register online 49th Annual Red Mass, The SEPTEMBER Membership Committee, 8 a.m. 7 Bishop William G. Connare 20 [CLE] Using Collaborative and Center, Greensburg, Noon Mediation Skills To Achieve Courthouse closed in observance Successful Outcomes in Family 10 of Columbus Day One in three lawyers will need our help Law Cases, Noon to 1:15 p.m., Membership Committee, 8 a.m. at some point during their careers. 1 substantive credit available 18 Since 1988, we have helped Family Law Committee, Noon over 6,000 attorneys in need. Elder Law & Orphans’ Court 21 [CLE] New Lawyers Bootcamp Committees, Noon 19 A WORD ABOUT CONFIDENTIALITY 2016: Mock Arbitration, Noon to We understand your concerns about OCTOBER 1:15 p.m., 1 substantive credit privacy and confidentiality. LCL is equally [CLE] E-Discovery Ethics: available sensitive about your career and your 6 Emerging Standards of license. Ned J. Nakles American Inn of Technological Competence, We know it is hard to ask for help. LCL Court, 5 p.m. Noon to 1:15 p.m., 1 ethics discreetly provides resources, support credit available Board Meeting, 4 p.m. and information. 20 Your call to us and the help we provide is confidential. You incur no expense or any other obligation by calling LCL.

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■ Enclosed is my check made payable to the Westmoreland Bar Non-Members - $50 per credit hr. Association. Non-Credit Name:______■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for $______(Amount). $20 Flat Rate Attorney I.D. # ______Waived for Young Lawyers (practicing 10 years Card # ______or less) Address:______Lunch will be provided. Expiration Date ______Westmoreland Bar Association Email:______129 North Pennsylvania Ave. Credit Card Billing Address ______Greensburg, PA 15601 ______724-834-6730 Pre-Registration Fees Fax: 724-834-6855 CLE Credit: Non-Credit: ■ www.westbar.org ■ WBA Members - $30 per credit hour $10 Flat Rate ■ Waived for Young Lawyers For refund policy information, or if special ■ Non-Members - $50 per credit hour (practicing 10 years or less) arrangements are needed for the disabled, please contact the WBA Office at To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 724-834-6730, or 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm October 5, 2016. by email at [email protected]. New Lawyers Bootcamp 2016

1 Substantive Credits Available An accredited provider for the PA Board Mock Arbitration — LIV E — of Continuing Legal Education

In today’s economy and the legal system, you are more likely to try a case in the arbitration system than a trial by jury. Being successful in the arbitration system is paramount to having Wednesday, a successful practice. Learn from experienced attorneys who also have served as arbitrators to October 19, 2016 explain the arbitration, where to go, how to prepare, and what to expect. As part of this CLE, 12:00 pm - 1:15 pm there will be a mock trial hearing to see these principles in practice. There will also be a question WBA Headquarters and answer time at the end. Don’t miss it! Seminar Fees: Speakers: PRE-REGISTRATION: *John Noble, Esquire (Must be prepaid & received at the WBA Noblemediation, LLC office by 12 pm October 18, 2016) *Michael D. Ferguson, Esquire CLE Credit Ferguson Law Associates WBA Members - $30 per credit hr. Non-Members - $50 per credit hr. *Dwayne Ross, Esquire Young Lawyers - $15 per credit hr. Reeves and Ross Non-Credit One (1) Substantive Credit is available toward your annual CLE requirements. No Charge You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register. OR submit the form below. WALK- IN: CLE Credit October 19, 2016 WBA Members - $40 per credit hr. Mock Arbitration Non-Members - $50 per credit hr. ■ Young Lawyers - $15 per credit hr. Name:______Enclosed is my check made payable to the Westmoreland Bar Association. Non-Credit Attorney I.D. # ______■ ■ ■ ■ Bill my MasterCard VISA DISCOVER for No Charge $______(Amount). Address:______Card # ______Lunch will be provided. Email:______Westmoreland Bar Association Expiration Date ______129 North Pennsylvania Ave. Phone: ______Greensburg, PA 15601 Credit Card Billing Address ______724-834-6730 ______Pre-Registration Fees Fax: 724-834-6855 CLE Credit: Non-Credit: www.westbar.org For refund policy information, or if special ■ WBA Members - $30 per credit hour ■ $0 arrangements are needed for the disabled, please ■ Non-Members - $50 per credit hour contact the WBA Office at ■ Young Lawyers - $15 per credit hour 724-834-6730, or To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, by email at [email protected]. 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm October 18, 2016. Guardianship Basics

1 Substantive Credit Available An accredited provider for the PA Board — LIV E — of Continuing Legal Education Topics of Discussion: • How To File A Petition. • How To Serve & Why. • Laurel Legal Services, Inc. Role For Alleged Incapacitated Persons Over 60. Thursday, • What To Ask At The Hearing. November 17, 2016 • Necessity Of Expert Testimony For Guardianship. 12:00 pm - 1:15 pm WBA Headquarters TRENDING: With more and more Baby Boomers hitting their “golden years” be prepared for guardianship Seminar Fees: issues to protect those who can no longer protect themselves. PRE-REGISTRATION: CLE Credit Speakers: WBA Members - $30 per credit hr. • Kathleen Kemp, Esquire Non-Members - $50 per credit hr. Managing Attorney, for Laurel Legal Services, Inc. Young Lawyers - $15 per credit hr. • Todd Turin, Esquire Non-Credit One (1) Substantive Credits are available toward your annual CLE requirements. No Charge You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register. OR submit the form below. WALK- IN: CLE Credit November 17, 2016 WBA Members - $40 per credit hr. Guardianship Basics Non-Members - $50 per credit hr. ■ Enclosed is my check made payable to the Westmoreland Bar Young Lawyers - $15 per credit hr. Name: ______Association. ■ ■ ■ ■ Non-Credit Attorney I.D. # ______Bill my MasterCard VISA DISCOVER for $______(Amount). No Charge Address:______Westmoreland Bar Association Card # ______129 North Pennsylvania Ave. Email:______Greensburg, PA 15601 Expiration Date ______724-834-6730 Phone: ______Fax: 724-834-6855 Credit Card Billing Address ______Pre-Registration Fees ______www.westbar.org CLE Credit: For refund policy information, or if special arrangements are needed for the disabled, please ■ WBA Members - $30 per credit hour Non-Credit: ■ No Charge contact the WBA Office at ■ Non-Members - $50 per credit hour ■ Waived for Young Lawyers 724-834-6730, or ■ Young Lawyers - $15 per credit hour (practicing 10 years or less) by email at [email protected].

To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm November 16, 2016.

Special Price For WBA Members!

Strassburger McKenna Gutnick & Gefsky is proud to announce the release of Harry F. Kunselman’s book, Pennsylvania Commercial Litigation (3d edition). This publication is printed by The Legal Intelligencer, and it provides an overview of commercial claims, defenses, and civil procedure. It is a valuable resource for all types of attorneys.

This book normally sells for $250, but WBA members can receive a $50 discount!

To order, use offer code 550701 Call: 1-877-256-2472 or Visit: http://lawcatalog.com/productdetail/18028/affil/PAcomm?Affil=BA

Features New Chapter: Oil and Gas Litigation by Trent Echard

Harry Kunselman Trent Echard * Christopher Azzara, Diane Buchannan and Gretchen Moore are also Author Contributing-Author* contributing authors.

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