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Back issues from 2000 to the present and a THE NEWSLETTER OF THE comprehensive, searchable index are available WESTMORELAND BAR ASSOCIATION online at www.westbar.org/thesidebar . VOLUME XXVI, NUMBER 4 SEPTEMBER 2014

Reflections on the Career of The Hon. Alfred B. Bell

Editor’s note: The Hon. Alfred B. Bell retired from the Court of Common Pleas of by Dante Bertani, Esq. Westmoreland County effective July 18, 2014, after fourteen years on the bench. have known Al Bell for forty by Henry Lee Moore, Esq. bench. However, few of you, if any, years, first as a defense attorney are familiar with the Al Bell I know I in the Public Defender’s t was December 2, 1990, when personally. Here are my thoughts. office for eight years from Al Bell, Sam Testa, and I met They say you can count the number March 25, 1974, until January I in Al’s basement for a political of true friends you have in life on one 4, 1982; then as a prosecuting meeting to begin organizing for the hand. How true. If that is the case, Assistant District Attorney 1991 judicial election. Little did I Al Bell would be my index finger. from 1982 until his election know then what I know Let me explain. to the bench in 1999. now—that it would take On the night my mother Al Bell has always been a three grueling election died, “my pal Al” and Mike “no nonsense” type of lawyer cycles, and ten years before Brajdich (current Chief of and judge, true to the tradition “my pal Al” would be the Westmoreland County of a long-ago TV personality, sworn in as a jurist on the Detective Bureau) were Dragnet ’s Sergeant Joe Friday, Westmoreland County the first two people at “Just the facts, ma’am, nothing Court of Common Pleas. my back door. They loved but the facts!” During those ten years, my mother dearly and she As a defense lawyer, Al was never have I met so many loved them. I can’t tell you hard working and diligent in wonderful people who truly love how much that still means to me to the preparation of his cases and his representation of his Al, Bonnie, and Brittany. Al’s wife, this very day 23 years later. Sadder clients in court. He did not Bonnie, is a county court reporter, still, Al’s mother had died one month complain about the caseload, and Brittany is their very beautiful earlier. It was an extremely stressful or the seriousness or difficulty daughter and the apple of her dad’s and difficult time. The recent election of the case (often the short eye. I have known Al for approximately loss only amplified the situation. The notice to prepare for hearings 30 years now and his devotion to his continued on page 20 or trial because of the family and his dedication to his job substantial caseload). He dug are attributes I only wish I had. SPECIAL REPORT in and did what was necessary Most of you are probably familiar in the best interest of his with Al’s professional career: first, as Mediation’s Place in Family Court: client. an Assistant Public Defender for As a prosecuting Assistant Dante Bertani, then as an Assistant That Was Then, District Attorney, Al Bell did not hold District Attorney and First Assistant This Is Now anything back. He did not play District Attorney for John Driscoll games. He considered the facts and (now Senior Judge) and current DA See Page 3 continued on page 21 John Peck, before ascending to the

IN Special In Memoriam Q&A with To-Wit: Jury THIS President’s Report: Gene E. Henry by S. Trial ISSUE 2Message 3Mediation 8 McDonald 11 Moore 13 Sponte 15 Verdicts 2 • sid ebar SEPTEMBER 2014

President’s Message Time Is Money— And A Whole Lot More by Joseph W. Lazzaro, Esq.

y cardiologist, Dr. Subhashish its leadership ascension, and the they believe in the professional value of Pal, gave me good news last election process, devoting their time. It comes from their week following a successful headed by John Ward. good hearts. Over 60 attorneys have M 1 stress test of my heart. To underscore the importance of pledged to devote at least /2 day to do With the great-health go-ahead, I these Planning Committee projects, pro bono service, and the number of immediately planned for more time any income disruption to the WBA dedicating attorneys rises each week! on the kayak, more time cycling, more caused by potential legislative changes Past president Mike Stewart time fishing with my son, and more or state-wide bar association policies/ focused much of his leadership on time doing all of the activities that practice changes would constitute a promoting attorneys’ commitment to I love with my wife, major financial blow to our Association. education in our local schools. It was my children, and my An income disruption is a real risk, and likely his commitment that stimulated friends. our Board is focused on preparedness this year’s outpouring of support for Our time is for long-term prosperity. Law Day visits to the Westmoreland precious. If you are a Our most valuable asset—our school districts where about 4,000 member of the WBA, building—must be well cared for and students experienced great education I know that your time should be used to its best potential. delivered by over 50 of our members is also particularly Our Board is taking the long-awaited teaching in local classrooms—opening valuable. steps to preserve its value, and to meet young minds and freely sharing the In my last column, the rapidly changing dynamics, needs, values of law that we hold dear. I asked you to consider and requirements of this Association. While these great altruistic efforts gifting some of your valuable time to As for the Board structure and are being advanced in our community, our Association. You could devote that election process, many have found President-Elect Maria Soohey has been gift of your time by participating in it to be cumbersome and awkward working hard to make the practice of the committees that you care about, for professionals who are trying to law easier—and more efficient and in pro bono, in Bar social functions, volunteer their time. We want and modern—in our county by leading the and in leadership roles during this need future volunteers from our Bar’s E-Filing Committee to assist and challenging time for the WBA. profession to continue to devote partner with Westmoreland County With pride, I report to you that their valuable time as leaders here. To Prothonotary Christina O’Brien in our members are doing more than accomplish that goal, our organization advancing the County’s court filing just stepping up to the plate—we must remain an inviting, apolitical, and system in technology and automation. are doing so enthusiastically. modern conduit of professionalism Other counties across Pennsylvania Last month, Bill McCabe, Dan and collegiality. have moved forward by introducing Joseph, and Tim Geary led the Those above projects in no way electronic filing systems. Westmoreland Planning Committee to tackle some of diminish the importance of our County could potentially offer break - the major projects of our Association, commitment to the pro bono work through progress in the near future. including: in our profession. Under the new The Westmoreland Bar Association • Cultivating alternative income leadership of David Millstein , our is often recognized as a leader generators for the WBA, commitment to pro bono is serious among Pennsylvania’s 67 headed by Jim Antoniono; and substantial. Over 244 visitors counties. This year, your • Guiding our Board of Directors and sought assistance in the WBF Pro dedication and commit- the Building Committee with new Bono office in August. With David’s ment to our Association priorities for building usage, upkeep, leadership, all those who need and are putting us on and the preservation of its value, qualify for help are really finding help. the cutting edge of headed by John Ranker; That help comes in important ways, professional progress. • Creating a better, more workable including from WBA members who With pride and structure for our Board of Directors, signed up to donate their time because thanks to you, SEPTEMBER 2014 sid ebar • 3

SPECIAL REPORT Mediation’s Place in Family Court: That Was Then, This Is Now

by Pamela Ferguson, Esq. and Visitation Disputes Under the In response to favorable statistics, New Mandatory Mediation Law,” other states followed California’s wenty-five years ago, under Cal. Law, January 1982 at 41.) lead, enacting their own mediation increasing pressure to address Notwithstanding the obvious programs. Pennsylvania, slow to enter T the unique needs of a changing benefit to the courts’ burgeoning the race, enacted Act 20 in 1996 family demographic by providing a calendar, mandatory mediation was (codified at 23 Pa.C.S. § 3901, et non-adversarial means of resolving not without its opponents: advocates seq.). Careful to avoid the pitfalls of family disputes, Pennsylvania’s for victims of physical and mental California’s program, Pennsylvania’s Legislature turned to mediation. abuse cried foul when they discovered Legislature refused to mandate Citing studies showing the harmful that battered women were being statewide mediation, electing instead effects of pitting parent against parent subjected to mediation and victimized to allow local courts to choose to on the emotional again by their abuser. mediate or not; exempted victims of well-being of “Given these domestic violence the parties and circumstances, A growing body of and child abuse; and their children, our agreements made ordered mediation research suggests Legislature decided through mandatory attendance only with it was finally time to mediation are not that mediation the consent of the follow those states the product of may be the more parties. As guidance, that had already negotiations between the Supreme Court satisfactory and discovered the benefits parties of equal of Pennsylvania of mediation. bargaining power. desirable means of was mandated to L Fifteen years What should be a conflict resolution establish statewide Pamela Ferguson earlier, California’s mutual agreement is guidelines and rules Legislature, cognizant in reality a series of in these cases. to govern county of a rapidly increasing court caseload concessions by the mediation programs. and the potential for mediation to wife under duress.” (Charlotte The Domestic Relations Committee of reduce the acrimony between the Germane, Margaret Johnson, and the Pennsylvania Supreme Court was parties and the emotional stress on Nancy Lemon, “Mandatory Custody directed to make recommendations their children, enacted the first law Mediation and Joint Custody Orders for statewide rules and regulations in the country mandating mediation in California: The Danger for Victims in conjunction with input from in child custody disputes. Its entrance of Domestic Violence,” 1 Berkeley mediator-members of the Family into unchartered waters proved to be Women’s L.J., 175 (1985).) Law Section of the Philadelphia worthwhile. In 1982, one year after Despite these concerns, California Bar Association, who had conducted the law’s enactment, former San refused to change their mandatory studies of mediation programs in Francisco Superior Court Judge mediation requirement. Instead, Florida, Maine, New Jersey, North Donald B. King praised the statute they included language permitting Carolina, and Virginia. for its great efficiency: “In one year the victim to be either “accompanied On January 30, 1997, the Family there were fewer hearings than there by a support person” or “separated Law Committee of the Philadelphia had been in a single day under the old from the abusive parent” at the Bar Association provided the Supreme system.” (King, “Handling Custody mediation. continued on page 4

the the side bar is published bimonthly as a service for members of EDITORIAL BOARD side bar the Westmoreland Bar Association. Letters to the Editor should David J. Millstein, Esq., Editor be sent c/o WBA, 129 North Pennsylvania Avenue, Greensburg, The Hon. Daniel J. Ackerman, PA 15601-2311, fax 724-834-6855, or e-mail [email protected]. the side bar Wizard of Wit welcomes submissions from members or non-members. Please submit to the Articles Charles J. Dangelo, Esq., Pamela Ferguson, Esq., Editor, c/o WBA. and Susan C. Zellner, Associate Editors Back issues from 2000 to the present and a comprehensive, searchable index are Diane Krivoniak, Managing Editor available online at www.westbar.org/thesidebar. 4 • sid ebar SEPTEMBER 2014

incorporating the recommendations Of the 33 counties offering SPECIAL REPORT of the Philadelphia Bar Association’s mediation, some interpret the statute Family Law Committee and noting literally and order only orientation Mediation’s Place in Family Court: in the Explanatory Comments that mediation (Chester, Allegheny), That Was Then, “Many share this frustration with the while others (McKean, Potter, Pike), adversarial system and a growing body recognizing the benefits of allowing This Is Now of research suggests that mediation the parties to reach an agreement continued from page 3 may be the more satisfactory and on their own, order participation desirable means of conflict resolution in mediation sessions; twelve offer in these cases. Mediation offers more mediation orientation before the Court with their recommendation: flexibility both in terms of the subject conciliation conference (Crawford, (1) that the Supreme Court implement matter that may be discussed during Allegheny, Armstrong, Clarion) and a statewide divorce and custody mediation and the range of solutions fifteen offer mediation after the mediation program and establish available to the parties. Effective conciliation conference (Fayette, policies that encourage judges, masters mediation also assists the parties in Centre, York, Schuylkill); some use and hearing officers to inform litigants shaping their own framework for public defenders (Susquehanna), of the option to use mediation; future discussion and resolution of judges (Northampton), counselors/ (2) that an alternative dispute conflicts that rise following separation psychologists (Lehigh, Jefferson, resolution service be established and divorce ... Statewide uniformity of Clarion) or Mediation Centers responsible for promoting mediation practice and procedure is essential for (Union, Snyder) as mediators; some programs in the court system for successful mediation in Pennsylvania.” allow counsel to accompany their training mediators, monitoring funds clients to the mediation (Indiana) for ADR programs, for collecting THAT WAS THEN, THIS IS NOW. while others do not (Union, Snyder, statistics and preparing written Today’s mishmash of disjointed Lehigh, McKean). 1 evaluations for the Supreme Court; custody procedures bears little Despite the lack of uniformity, (3) that the Supreme Court fund the resemblance to the uniform statewide mediation seems to be working in divorce and mediation programs by a mediation program envisioned by the 33 counties that offer it: Allegheny combination of tax dollars, filing fee our Legislature eighteen years ago. County’s “Generations Program,” revenues, federal IV-D funds and any Of the 67 counties across our implemented in 1997, “goes pretty other appropriate means; (4) that the Commonwealth, 34, including seamlessly,” according to Custody Supreme Court establish standards for Westmoreland, offer no mediation, Department Manager, Amy Ross. mediators, including post graduate 28 offer court-ordered mandatory ______degrees, practical experience, training mediation; and 5 offer voluntary 1 The counties listed have been selected from a and CLE and pro bono credits; mediation. larger list to highlight the differences in procedure. (5) that mediators’ compensation and attorney involvement be determined by each individual county; and (6) that a statistical report be provided to the Supreme Court annually to determine the efficacy of the program. It was further recommended that the Bench and Bar of each county be educated on the benefits and appropriateness of mediation in order to effectively establish and promote a mediation program in their county. York County, already utilizing a mandatory mediation program, was cited as a model for the rest of the state, while Allegheny County’s newly established “Generations Program” bore “watching.” Responding to Act 20’s mandate, the Supreme Court of Pennsylvania promulgated Pa.R.C.P. 1940.1-9, SEPTEMBER 2014 sid ebar • 5

The parties must attend a 2 1/2-hour efficient handling of pro se cases. With to determine the efficacy of offering mediation orientation with a profes - protections afforded domestic and mediation as an alternative to litigation. sional mediator, who has completed child abuse victims and opportunities Also at that time, the WBA Executive 40 hours of training and complied to litigate if negotiations breakdown Board passed a resolution expressing with the requirements of 1940.4, to after the mediation orientation, why its support of mediation programs in learn about mediation and to discuss are there still 34 counties, including Family Court. their options for settlement. Counsel Westmoreland, without mediation After implementation of Pa.R.C.P. is not permitted to attend, but is programs? 1940.1, et seq. , in 1999, members required to prepare the Memorandum of the WBA Alternative Dispute of Understanding (Settlement Despite the lack Resolution Committee, the Family Law Committee, Family Court judges, Agreement) if one is reached. The of uniformity, parties may retain the mediator for an then-President Judge Charles H. additional six hours for a reduced fee mediation seems Loughran, and Court Administrator of $100 per hour. to be working in Paul Kuntz met to discuss local rules “Statistics indicate that up to that would allow for the formation of the 33 counties 48% of all custody cases are resolved a custody mediation program. As a through mediation. Concerns from the that offer it. result, on February 3, 2000, the members of the Bar are few and are Westmoreland County Court en banc addressed by the Court Relations The absence of a formal mediation adopted Local Rule 1915.4-4, which Committee comprised of family law program in Westmoreland County allows parties, prior to the Custody members and court administrators,” is not for lack of trying. In 1997, Conciliation, to file with the Family Ross explained. the Executive Board of the WBA Court Administrator an Election to Court personnel from the other 32 established an Ad Hoc Committee Proceed through Mediation. counties offering mediation expressed on Family Court Mediation for the Recognizing a potential need for a similar sentiments: significant reduction purpose of consulting with Family pool of mediators from which family in cases going to trial; quick resolution Court judges, hearing officers, law litigants electing to proceed with of conflicts; less emotional distress attorneys, and other individuals voluntary mediation could choose, the for the parties and their children; and involved in Family Court matters continued on page 6 6 • sid ebar SEPTEMBER 2014

be a stepping stone to a more expansive would not benefit from mediation. SPECIAL REPORT mediation process.” Acknowledging the legitimacy of these concerns while affirming his support Mediation’s Place in Family Court: THAT WAS THEN, THIS IS NOW. for voluntary mediation, Court That Was Then, Notwithstanding the Bar Administrator Paul Kuntz cited Association’s enthusiastic affirmation timing and the lack of a concrete plan This Is Now of mediation and the court’s promul - as possible reasons why a mediation gation of Local Rule 1915.4-4, the continued from page 5 program wasn’t implemented. implementation of a formal mediation has proven to be difficult. THAT WAS THEN, THIS IS NOW. WBA, in the January-February 2000 Concerns were raised by some Due to the increasing availability of issue of the sidebar, sought local members of the Bar Association’s local mediation training seminars and lawyers who satisfied the qualification Family Law Committee that a program a renewed interest by members of our requirements of Pa.R.C.P. 1940.4 to comparable to Allegheny County’s Bar to expand their practice to include act as mediators: “The WBA believes “Generations Program” would impede mediation, a group of lawyers and that mediation of Family Court their ability to advocate on behalf of members of the Family Court Bench matters is the way of the future. The their clients, and by members of the have decided once again to open the cost, expense, and effects of protracted bench that mandating participation in proverbial can of worms. litigation warrant giving this form extra-judicial mediation would impede John Noble, Peggy Tremba, Doug of alternative dispute resolution a try. parties’ access to the court or deter them Farrell, Tim Kinney, Gary Falatovich, Our enlightened Family Court bench from filing due to additional costs. Judge Michele Bononi, and Judge has recognized custody mediation as a While a true believer in the Meagan Bilik-DeFazio presented a step in the right direction. With their benefits of resolving custody issues CLE to this year’s Bench/Bar attendees continuing cooperation and involve - in a non-adversarial forum, Judge to raise awareness and solicit support ment, together with the involvement John Driscoll expressed concerns that for a formal mediation program in of the members of our Bar Association families dealing with mental health our county. Within the past few years, who seek the amicable resolution of issues, physical abuse, and addiction several mediation training sessions disputes in this area, this program can needed judicial intervention and have been offered through our Bar

Representing clients in Westmoreland, Allegheny, Armstrong, Butler, Indiana, Clarion, and surrounding counties  Personal Injury Medical Malpractice Criminal Defense  10 Feldarelli Square 2300 Freeport Road Duke George Daniel Joseph New Kensington PA 15068 Phone: 724.339.1023 Fax: 724.339.3349 www.georgeandjoseph.com SEPTEMBER 2014 sid ebar • 7

Association to Westmoreland County to aid in her assessment of the costs decided to invest her money and time lawyers. To date, 30 lawyers have com - and benefits of mediation. in the pursuit of a program that might, pleted the training and are compliant A total of 23 cases have gone to once again, lack the support to get with the requirements of Rule 1940.4. mediation orientation so far, most with it past the trial stage: “We (lawyers) On October 31, 2013, the WBA favorable responses. One participant have an ethical and professional ADR Committee approved the was glad for the opportunity, stating responsibility to our clients to not drag formation of the Westmoreland that she didn’t want to wait around their cases out for years and years,” she Mediation Academy to provide for someone else to decide her future. replied. “There is an obligation on the experienced mediators, who are Another participant stated that he part of attorneys to discuss and explore compliant with the minimum would have liked to have been ordered the benefits of ADR.” requirements of Rule 1940.4, for to participate prior to the conciliation In response to complaints that custody mediation. It is the hope and pre-trial conference. For those the Mediation Academy is merely of the founding members of the individuals who found mediation to be a business venture established to Mediation Academy—Peggy Tremba, the appropriate forum to resolve their benefit a select few, Gary Falatovich John Noble, Gary Falatovich, Lee custody disputes, the consensus has responded, “The mediation orienta - Demosky, and Doug Farrell—that been that mediation can significantly tion sessions are being conducted by more attorneys will complete the decrease the cost of protracted litigation Mediation Academy members and mediation training and satisfy the and effectuate a faster resolution. others with mediation training, requirements for membership in the Court Administrator Paul Kuntz is without compensation, on Thursday Academy, so enough mediators will also interested in reviewing the results, evenings and Saturday afternoons. be available to meet the demands and has proffered his thoughts on how During the orientation, they stress for mediation if the option becomes mediation might work: “I believe that the need to include attorneys in the formally available in custody disputes. the time for mediation orientation is mediation process.” While no formal mediation plan is after we have had the chance to deter - WBA Director and ADR Chair on the table at this time, consideration mine which cases remain unresolved John Noble added, “We’re not trying is being given to whether mediation after conciliation. I would be inter - to corner the market; we’re trying to should be incorporated into the ested in pursuing pre-conciliation change the culture.” custody process. Over the past few mediation if the mediators are willing Time will tell if mediation is right weeks, Judges Bononi and Bilik- to facilitate consent agreements during for Westmoreland County. It’s been 33 DeFazio have ordered mediation or after the orientation session.” years since California enacted the very orientation in select cases. Judge With no promise of a formal first custody mediation law and 25 Bononi looks forward to feedback mediation program being implemented, years since Pennsylvania enacted Act from those parties ordered to attend Peggy Tremba was asked why she 20. But, that was then, this is now.  8 • sid ebar SEPTEMBER 2014 Remembering Gene E. McDonald

Editor’s note: Gene E. McDonald passed away on Thursday, April 24, 2014. He is survived by his wife, Mary Jo; four children: Lynda, and her husband, Dr. Robert Flannery; Joanne, and her husband, Louis T. Congelio; Gene E. McDonald Jr., and his wife, Kathleen; and Cheryl A. McDonald Oshnock; five grandchildren, Joseph M. Gera, Annie Jean McDonald, Shannon M. (Congelio) Richardson and her husband, Major Matthew E. Richardson (USMC), Justin T. Congelio and Andrew G. Oshnock; three stepgrandchildren, Joshua Dias, Dr. Robert Flannery and his wife, Kristie, and Dr. Ryan Flannery and his wife, Jessica; two great-grandchildren, Marcus E. Richardson, and Ella G. Richardson; and one stepgreat-grandchild, Kaelyn Flannery.

by Robert P. Lightcap, Esq., and Donald J. Snyder, Jr., Esq. battle in the Pacific in World War II), and Okinawa. Despite many harrowing L f ever a man exemplified the values of the “Greatest experiences, including being in at least three Gene E. McDonald Generation,” it was Gene McDonald. As an aerial planes which were hit so badly that they I spotter in World War II, he flew at extremely low had to be scrapped upon landing, Gene emerged from altitudes over Japanese lines—in planes akin to a Piper Cub World War II physically unscathed. He was discharged in and at speeds less than 90 miles an hour—armed only with 1946 as a First Lieutenant with various awards, including a pistol, a set of binoculars, and a radio. His mission: to the Air Medal and a Distinguished Flying Cross with relay enemy positions to the U.S. Naval ships, who were three battle stars. The Marine First Division received four waiting to be told where to aim their artillery. Presidential unit citations for the battles in which Gene Gene joined the Marine Corps in 1943, shortly before participated. Given his experiences in battle, Gene never his graduation from Saint Vincent College. After going doubted the decision of President Truman to use the atomic through officer candidate school, he was assigned as a bomb to bring the war in the Pacific to a close. Second Lieutenant to the famous Marine First Division, and These experiences influenced everything that Gene did participated in the Island Hopping Campaign, including for the rest of his life. In the legal profession, his military stops in Cape Gloucester, the Battle of Peleliu (the bloodiest experience formed his approach to the many situations that came before him as legal counsel to individuals, corporations, and municipalities. He had the calm and confidence in his legal abilities that only one who has faced death, and returned, can possess. Gene McDonald was born in the town of Coral, Indiana County, into a family of modest means. He never knew his father, who was killed in a mining accident shortly before Gene was born. He spent most of his youth in Derry, raised by an aunt and uncle. After graduation from Derry Township High School, Gene was able to attend Saint Vincent College only because he was awarded a full tuition scholarship. Gene never forgot how fortunate he was to have received this financial support, and in return he became a lifelong donor to the college. Although other Lawyers’ Exchange (Free to all members of the WBA)

ATTORNEY SOUGHT FOR IMMEDIATE OPENING Estate Administration/Planning and Real Estate. Small Business experience helpful but not required. Please send resume and cover letter to: Attorney Jeffrey Monzo, Galloway Monzo, PC, 1100 Summit Way, Suite 100, Greensburg, PA 15601, [email protected]. SEPTEMBER 2014 sid ebar • 9 benefactors may have given more spokesman for the United dollars to Saint Vincent College, States Specialty Steel Industry in Gene’s legacy was as the standout attempting to halt the “dumping” protégé of those teachers and practices in which many foreign monks who molded him into steel producers were engaged in the the leader he would become. ’70s and ’80s. This work involved A Methodist boy in a Roman many trips to Washington, D.C., Catholic institution may seem odd where Gene worked closely with to the casual observer, but Gene the Specialty Steel Caucus and melded both traditions to become offered testimony before various a critical thinker who always had House subcommittees. the good of his community in mind In the municipal law area, when he acted. Saint Vincent was Gene served as the solicitor for so appreciative of the work that the Westmoreland County Airport Gene did for the college, the Authority, the Borough of Latrobe, Benedictine Society, and the the Derry Township School community, that it honored him as District, and Cook Township. one of its Alumni of Distinction L As solicitor, he shepherded what and awarded him an Honorary is now the Arnold Palmer Airport Gene McDonald served as an aerial spotter in Doctorate of Law in 1996. through all of its growth, from its World War II. After graduating from the almost “cow pasture” condition University of Pittsburgh School of Law in 1949, in the early ’50s, through the construction of its modern Gene immediately went to work for Scales and Shaw, terminal building and the runways that are capable undoubtedly because one of the senior partners of that firm, of handling commercial jet traffic, and eventually, the Henry Shaw, was the most prominent lawyer from Derry commercial airline service that is available today. He was in those days. In 1952, John Lightcap asked Gene to be his the solicitor for Latrobe during the Borough’s major flood partner, and the Latrobe firm of Lightcap and McDonald control and urban renewal projects. While the solicitor for was born. This relationship continued to the date of his continued on page 10 death, with the current name of the firm being McDonald, Snyder & Lightcap. During his 62 years with the firm, Gene mentored a number of Westmoreland County lawyers who were affiliated with the firm as either an associate or a partner, including: Ned Nakles, Sr., Larry Moore, Richard Jim, Bernie Scherer, Jim Kelley, and Chuck Mason; together with its current members, Don Snyder, Bob Lightcap, Jim Conte, Dan Hewitt, Amber Leechalk, Dan Hudock, and Lou Congelio. As a member of the Westmoreland Bar Association, he served on various committees and was responsible for establishing the Westmoreland Bar Foundation, the Association’s charitable arm. The Bar Association honored Gene with its Professionalism Award in 2012, recognizing his contributions as a fine example of the honorable practice of the profession. Gene McDonald’s almost 65-year professional career concentrated primarily in corporate and municipal law. In addition to representing Saint Vincent College, Gene served as general counsel to Commercial Bank in Latrobe, Latrobe Construction Company, and Newcomer Products. His principal corporate client was Latrobe Steel Company, for which he served many years as general counsel and corporate secretary. Gene used to say that his proudest accomplishments for Latrobe Steel were two-fold: first, in planning and then spearheading the defense to various unilateral takeover attempts by corporate raiders who were active in the ’70s; and second, in becoming a national 10 • sid ebar SEPTEMBER 2014

Remembering Gene E. McDonald continued from page 9 the Derry Township School District, which has generated substantial funds his deteriorating health. Nevertheless, he handled the very difficult and for student scholarships over the years. periodically he continued to come into potentially explosive merger of the Politically, Gene was a lifelong the office and engage in conversations Derry Township, New Alexandria, Republican. Although he never ran for with his fellow lawyers. Despite his and Derry Borough School Districts. public office, he was influential in the ailments, and almost until the very Gene’s contributions to the Republican Party and was a member end, his mind was ever sharp and he community were unparalleled. It of the Pennsylvania Society. demonstrated an intelligent knowledge would be impossible to list all of of local and national current events. the community groups for whom Gene melded both Moreover, his sense of humor never he served as a trustee, board member left him. The twinkle in his eyes that Methodist and or officer, and for which he received we saw over the years was still there to many awards. Probably his most Roman Catholic the end. gratifying community work was traditions to On a personal note, in with the Westmoreland County December 1943, while on leave become a critical Community College, for which he prior to his deployment to the war served as a member of the Board of thinker who always in the Pacific, Gene married his high Trustees for many years, serving in all had the good of his school sweetheart, Mary Jo VanWey. offices, including as Chairman of the Together, Gene and Mary Jo had four Board. This association caused him community in mind children, five grandchildren, and two to become involved with community when he acted. great-grandchildren. In December colleges at both the state and national of 2013, they celebrated their 70th level, serving as the Chairman of Notwithstanding his party choice, wedding anniversary. the Pennsylvania Federation of many Democrats in public office Gene McDonald was a great lawyer Community College Trustees, as well sought his advice. For example, and an active community leader. He as the Chairman of the National Board over the years, Gene became a close was well respected by his colleagues, of Community College Trustees, and confidant and advisor to long-term and especially the Judges, as evidenced presenting papers at national and Congressmen John Dent and John by the fact that he served as Chairman regional conferences. Gene was also Murtha. of the Retention Committees for three instrumental in the establishment For several years prior to his Westmoreland County Judges. We of the Westmoreland County death, Gene was unable to engage both are forever indebted to Gene for Community College Foundation, any longer in the practice of law due to the sage advice that we received from him over the years. He will be sorely missed.  Wawrzyniak Reporting & Video Service ______Authors’ note: Some of the materials Complete Litigation Support of this remembrance were obtained from an article about Gene in the www.wrvs1.com magazine “Around Latrobe,” Fall, 2007 Issue No. 47. PROUDLY SERVING WESTERN PENNSYLVANIA FOR OVER 30 YEARS!

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CALL: 724.864.6993 FAX: 724.864.3351 Law Speak “It is a truism that almost Available For: Services Available: any sect, cult, or religion will Depositions Video Depositions Arbitrations Videoconferencing legislate its creed into law DJ Hearings Video Synching if it acquires the political Council Meetings Day-in-the-life power to do so.” ZHB Meetings Site Inspections — Robert A. Heinlein, \0' #.. 1'5 6 ..^[ science-fiction author (1907-1988) SEPTEMBER 2014 sid ebar • 11 A Conversation with Family Court Special Master Henry Moore

Editor’s note: On January 6, 2014, after settling their divorce at the All Counts In addition fourteen years as Judge Bell’s law clerk, Conferences. Not all parties want to to being Henry Moore assumed the position of settle; some want to keep fighting, a Special Family Court Special Master, taking believing that divorce litigation is Master and over for Mary Mears, who retired at about winning. I tell them in the very representing the end of 2013. beginning that there are no winners private clients, and that I adhere to the wise words of I teach Q IS THERE AN EXPERIENCE Judge Tim O’Reilly: “The mark of a business law IN YOUR LIFE THAT PREPARED good settlement is when both parties and criminal YOU FOR YOUR NEW ROLE AS walk away unhappy.” justice classes CONCILIATOR AND FACT-FINDER? at Penn State Q WHAT HAS BEEN THE A My twenty years of teaching Greater MOST UNUSUAL ISSUE YOU’VE college. If you can get through to Allegheny HAD TO ADDRESS? eighty kids in a classroom, you can Campus and the University of get through to two litigators. A I was asked to decide the Pittsburgh at Greensburg, and parties’ custody/visitation schedule chemistry, mathematics, and Q SINCE YOU HAVE BEEN of their pets. statistics at the Westmoreland A SPECIAL MASTER, WHAT County Community College (WCCC). HAS BEEN YOUR GREATEST Q WHAT DO YOU DO IN I’m also a Eucharistic Minster and CHALLENGE? YOUR FREE TIME? Lector at Immaculate Conception A My biggest challenge has A I don’t have a lot of “free” Roman Catholic Church in Irwin. been getting the parties to focus on time. I work 70 –80 hours a week. continued on page 12

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Bachelor’s degree in Engineering from New York University Master’s degree in Electrical Engineering from Drexel University J.D. from Temple University Chemistry studies at University of Pittsburgh Registered Professional Engineer (Pennsylvania) Formerly Assistant Professor at Villanova University Formerly Doctoral Candidate in Mathematics at Bryn Mawr College 12 • sid ebar SEPTEMBER 2014

A Conversation with Henry Moore continued from page 11

hired by the U.S. Department of Q WHEN DID YOU DECIDE TO A It was difficult to change BECOME A LAWYER? Energy to work on the Strategic my mindset. During the day I was a Defense Initiative, which included mathematician and scientist where A I didn’t decide to pursue a some limited work on the Space Shuttle everything was black or white, right or law degree until after I was out in the Program. After obtaining my Master’s workforce for several years. I obtained wrong. At night, I was a law student degree at Pitt, I decided that I wanted where everything was (and still is) gray. my undergraduate degree in Chemistry to follow a different path, so, instead and graduate degree in Mining and of pursuing a Ph.D. in Engineering, I Q DID YOU PRACTICE LAW Energy Engineering (Chemical and enrolled in night classes at Duquesne AFTER GETTING YOUR JURIS Petroleum Engineering Department Law School. DOCTORATE? Graduate School of Engineering) from A Yes. Because the political arena the University of Pittsburgh in 1983 Q WAS IT DIFFICULT was changing, I decided that it was and 1987, respectively. In 1984, I was RETURNING TO ACADEMIA? time for me to leave the Department of Energy. In 1994, thanks to the benevolence of the late Congressman Jack Murtha and the late Terry Jordan, Esq., I was asked to clerk for Workers’ Compensation Judge Jack Kenney. I remained in that position for five years, then left to enter private practice. I worked with Ken Burkley until 2000, when I was hired as Judge Bell’s law clerk. I stayed with the judge for fourteen years, leaving this past January to assume the Special Master position.

Q ARE YOU ENJOYING YOUR ROLE AS A SPECIAL MASTER? A I am. It’s certainly not boring. As Rick Harrison from Pawn Stars says, “You never know what’s going to walk through the door.”

Q DO YOU HAVE A MOTTO THAT YOU LIVE BY? A I do. It’s from The Godfathe r : “Never get angry. Never make a threat. Reason with people.” 

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by S. Sponte, Esq. My doubt in this regard has wearing boxing bothered me so much that some shorts, not a pretty t was the third of June, 1:45 p.m., time back I sought therapy to help sight, and he was when the phone rang, just as it me sort it out. climbing into a I always has lo these past twenty- “So, tell me about your mother,” boxing ring with four years at this exact same date and Dr. Risotto asked as soon as I lay down. Bill. time. I picked up the receiver without “This isn't about my mother,” When the bell waiting for my secretary to answer; I replied, “it’s about a professional rang, Bill wobbled into the center of I already knew who it was and what matter.” the ring where Leonard leveled him he was going to say. “So you say,” he said. with a solitary right to the chops. Bill “I’m going to get even with you,” Therapy didn’t accomplish staggered to the ropes, looked me Bill said again in that iconic alcoholic much, other than to firm straight in the eye and said, “Drink slur of his, “even if it takes me up my suspicion that my Responsibly.” He then dropped to the the rest of my career.” mother loved my brother canvas and was counted out. I didn’t remind more than me. As Leonard climbed out of the ring, him that his career Discussing the matter I threw a robe over his shoulders and was already over; with my colleagues over asked if he thought Bill was drunk. that would have only the years hasn’t helped “If he was, he shouldn’t have gotten infuriated him more. I much either. A few are into the ring,” Leonard said. “Send the know he’s been retired of the notion that what check to my office.” now for exactly ten years I did was well within the It certainly seemed an easy problem because that’s how long fairness parameters of an for Leonard to solve, so easy in fact he’s been calling me collect. adversarial system but most decline that it seemed to be no problem at all. On that date twenty-four years ago, to answer in favor of racing back I’m glad he approved, his opinion has I skinned him like a sloshed bunny. to their offices to review any current always meant a lot to me. Someday it It wasn’t hard to do, because in those cases I had with them. may help.  days, that’s what he was; inebriated was Last night, Leonard, the first and © 2014, S. Sponte, Esq. the only state in which he practiced. only lawyer I ever worked for, came Can’t get enough Sponte? More articles We had a difficult litigation case to me once again in a dream. He was are online at www.funnylawyer.com . then and I got him to stipulate certain facts which, had he been doing more thinking than drinking, he would never have agreed to. I could never have proven some of those facts, but I intentionally went to his office and presented them to him right before lunch when I knew his Sirens “Helping You Control would be wailing. He signed without Your Health Insurance reading them and bolted out the Costs Since 2002” door for lunch. That rapacious hunger ultimately cost his client more than As an independent health insurance half a million dollars and him his broker, we are able to shop carriers and plans every year. Our job is to partnership in his firm; to this day ensure you are getting the best price and coverage for you and your he’s still a bit, shall we say, miffed. clients. Your goals are our #1 priority! We have been the health insurance His annual call doesn’t bother broker of the Westmoreland Bar Association and members since 2008. me; I’m actually glad he still has any What We Offer: For a Free Quote Call or E-mail Today: memory left at all. What does bother • Small Group Plans Bob 724-312-3454 me is this haunting doubt I still have • Medicare Advantage Plans Valerie 724-312-2762 that maybe I did something wrong, • Individual Plans E-Mail [email protected] that maybe I took undue advantage • Supplemental Plans Web www.rjswanninsurance.com of his condition. 14 • sid ebar SEPTEMBER 2014

I Was Glad I Had Come My First Bench/Bar Conference

by Kelly M. Eshelman, Esq.

eing new to Westmoreland County, I was a bit apprehen - Bsive about attending the 2014 Bench/Bar Conference at Stonewall Resort in Roanoke, W.Va., without a travel buddy. However, I was imme - diately put at ease. Within moments of arriving, I had already been greeted by two members of our bar association L and was headed to the Wednesday Hiking (the author is second from right in evening dinner. At dinner, I was photo), CLEs, and a casino night were just invited to join a group of bar and some of the events at the 2014 Bench/Bar bench members for a delicious meal Conference held in June at Stonewall and lively conversation. I was glad I Resort in Roanoke, W.Va. had come. The group of diners all headed to fantastic run for their money. We the Young Lawyers’ Hospitality Suite stayed at the Hospitality Suite into the directly after our meal. This is where wee hours. I was glad I had come. I first heard the story about the The weather on Thursday morning eyebrow-waxing-as-a-spectator-sport- was sunny and warm, so after breakfast to-raise-money-for-charity of years past with other bar members, I joined a and ideas for upcoming charitable small group of bench and bar mem - fund-raisers at the Hospitality Suite. bers in the lobby for a planned hike. giving away lots of stuff. I love One generous man offered to have a We all loaded into a van and were stuff. There were also refreshments Brazilian wax for the benefit of the dropped-off about a mile from the sponsored by the vendors. I was glad Order. Most of us agreed we would “overlook” of the resort. We were not I had come. pay NOT to see that. The Young able to locate a trail from the overlook Thursday evening the resort offered Lawyers dominated the beer pong back to the resort, so we forged our a tour of the Stonewall Jackson Lake tournament, but the only-slightly- own. Well, we crossed a small grassy on the Little Sorrel . Even though it was older lawyers gave them a area to get to the road so we could drizzling rain, it was still a beautiful follow it back to the resort. It was tour of the lake. Many members of the a nice walk with pleasant folks. I bench and bar were on the boat, and was glad I had come. the Young Lawyers brought refresh - “My Cousin Vinny” was ments for us to enjoy while cruising. the topic of the CLE seminar After the tour of the lake, there was offered that afternoon. There a luau planned on the patio, complete was relevant commentary offered with a pig roast and leis. The weather on the movie, popcorn, and moved us inside where we had the refreshments. It was a fun yummy roast pig and accompanying way to pass the afternoon food and drink, while everyone got since the weather had lei’d, but the DJ had to wait until later turned stormy. After the at the casino room. That’s right, there CLE and after most of the was a casino room! The best part golfers had returned from a about the casino room was that we all morning on the resort’s golf used house chips to gamble so no course, the vendors’ room money had to change hands. As far as was open for us to enjoy. I could tell, every person in that room There were MANY vendors continued on page 22 SEPTEMBER 2014 sid ebar • 15

JULY 2014 CIVIL TRIAL TERM accident that occurred on February 13, f twenty-two cases listed for JURY TRIAL 2008, in Washington Township, the July 2014 Civil Jury Trial VERDICTS Westmoreland County. OTerm, five settled, fourteen Plaintiff David Chilko, his brother, were continued, and three resulted in Kevin Chilko, and their father, Joseph jury trials. Chilko, were lawfully on property owned by Kevin Chilko, when they GERARD ASSOCIATES encountered Defendants Christopher ARCHITECTS S. Patterson and Michael Corsetti, V. DONALD J. AND GLORIA M. who were riding all-terrain vehicles IVILL, HUSBAND AND WIFE on the property. After an initial NO. 5693 OF 2011 encounter amongst the parties, by at which time the Chilkos warned Cause of Action: Breach of Contract Monique Lafontant Mears, Esq., and Amy DeMatt, Esq. Defendants that they were riding on Plaintiff, Gerard Associates edited by Beth Orbison, Esq. private property, Defendants drove Architects, alleges that the Plaintiff and away. Defendants maintained they the Defendants, homeowners Donald Trial Judge: The Hon. Anthony G. did so in an alleged attempt to flee and Gloria Ivill, entered into an oral Marsili from the Chilkos, who threatened contract in 2006, with the Plaintiff Result: Verdict in favor of Plaintiff them. The Chilkos disputed this agreeing to perform architectural in the amount of $56,137.50, against version of events. and design services for the design of Defendant Husband. Defendants, upon recognizing Defendants’ residence located in Belle that they would not be able to exit Vernon, Westmoreland County. The DAVID CHILKO the property via their intended route, amount in dispute is $56,137.50. V. agreed to drive back the way they had Plaintiff alleges that the Defendants CHRISTOPHER S. PATTERSON come without stopping. While in the have not paid that invoice. Defendants AND MICHAEL M. CORSETTI process of so doing, Defendants again allege that they have no obligation V. encountered the Chilkos, passing them to pay that invoice and that no oral KEVIN J. CHILKO AND JOSEPH R. CHILKO, on the ATVs. Plaintiff David Chilko contract existed between the Plaintiff INDIVIDUALLY fell or was knocked down and was and the Defendants. NO. 669 OF 2009 injured, breaking his left wrist and Trial Date: July 7-8, 2014 injuring his head and legs. David Plaintiff’s Counsel: William D. Cause of Action: Negligence— Chilko maintained that his injuries Clifford, Pgh. All-Terrain Vehicle Accident resulted from being struck by the ATV Defendant’s Counsel: D. Matthew This negligence case arises out of operated by Defendant Patterson. Jameson III, Pgh. an alleged All-Terrain Vehicle (ATV) Defendant Patterson maintained that Plaintiff David Chilko swung a large stick or bat at the approaching ATVs and tumbled down a ravine, thereby causing himself injury. The characterization of both encounters was disputed at trial. Plaintiff maintained that Defendants knowingly trespassed and that a gun held by David Chilko was discharged into the air during the second encounter. Defendants maintained that they were accosted and threatened by Plaintiff and that Kevin Chilko aimed and fired a gun directly at Defendant Patterson. Plaintiff’s negligence action asserted a claim of negligent operation of the ATV against Christopher Patterson, and a claim that Defendant Corsetti continued on page 16 16 • sid ebar SEPTEMBER 2014

Jury Trial Verdicts continued from page 15 instigated, encouraged, or promoted RICHARD A. STOKER crashed into a hillside and caught fire. Patterson’s alleged reckless driving V. The Yutz vehicle rolled over several towards the Plaintiff, thereby causing ANN M. YUTZ times. the accident. Defendants each filed Both Mr. Stoker and Ms. Yutz filed New Matter alleging the affirmative ANN YUTZ AND ROBERT YUTZ lawsuits seeking damages for personal defenses of duress and justification. V. injuries arising out of the accident. Defendant Christopher Patterson RICHARD STOKER AND Liberty Insurance Company, a SUPERIOR WELL SERVICES, INC. / joined Kevin Chilko and Joseph SUPERIOR WELL SERVICES, LTD. subrogee of Superior Well Services, Chilko as additional defendants on Inc., sought reimbursement for the theory that their negligent and/or LIBERTY INSURANCE damage to the Superior Well Services intentional actions in blocking egress CORPORATION T/D/B/A LIBERTY vehicle and pumping equipment. The from the property, attempting to batter MUTUAL INSURANCE COMPANY, parties agreed to bifurcate the issues of AS SUBROGEE OF SUPERIOR Christopher Patterson, and aiming and WELL SERVICES, INC. liability and damages and try the case firing a gun at Defendant Patterson V. as to liability only. were the cause of the Plaintiff’s injuries. ANN YUTZ, AN ADULT INDIVIDUAL At trial, Mr. Stoker maintained that Following presentation of the V. he was confronted with a sudden Plaintiff’s case-in-chief, Joseph Chilko RICHARD STOKER emergency in that the liquid thrown was voluntarily dismissed from the CONSOLIDATED AT from the phantom vehicle had lawsuit. At the close of all evidence, NO. 5141 OF 2010 spattered on his windshield. He upon motion of counsel for Defendant further claimed that Ms. Yutz was Cause of Action: Negligence— Corsetti, the Court entered a directed negligent for failing to merge her Automobile Collision verdict in favor of Michael Corsetti, vehicle properly onto the roadway. dismissing him from the case. These consolidated cases arise out of Ms. Yutz questioned the existence of Trial Date: July 14, 16-18, 2014 an automobile collision that occurred the phantom vehicle, and argued that Plaintiff’s Counsel: Allan C. on August 7, 2008, on Route 66, near Mr. Stoker had negligently failed to Lundberg, Lower Burrell its intersection with Route 119 in New observe her vehicle and violated the Defendant Patterson’s Counsel: Scott Stanton. Richard Stoker was operating assured clear distance ahead rule. Mears, Jr., Gbg. a Peterbilt 379 industrial truck owned Accident reconstructionist David Defendant Corsetti’s Counsel: David by Superior Well Services, driving Bizzak, Ph.D., P.E., testified on K. Trautman, Pgh. north on Route 66. Ann Yutz had behalf of Mr. Stoker. Accident Additional Defendants’ Counsel: stopped her Jeep Laredo in a white reconstructionist Daniel R. Aernie, Dennis E. Shean, Lower Burrell striped area adjacent to the slow lane P.E., testified on behalf of Ms. Yutz. Trial Judge: The Hon. Christopher of travel, near the exit ramp of Route Trial Date: July 7-9, 2014 A. Feliciani 119 onto Route 70 West. After she Plaintiff Stoker’s Counsel: Donald J. Result: The jury found Defendant entered the slow lane of Route 66, the Feinberg, Philadelphia, and Eric L.B. Patterson 35% causally negligent, driver’s side rear of her vehicle was Strahn, Reading Additional Defendant Kevin Chilko struck by the passenger side front of Defendant Stoker and Superior Well 10% causally negligent, and Plaintiff the vehicle operated by Mr. Stoker. Services’ Counsel: Joseph V. Lesinski, Chilko 55% causally negligent. Mr. Stoker testified that a passenger Pgh. in a phantom black Nissan truck, Plaintiff Ann Yutz and Robert Yutz’s driving erratically, Counsel: Maria Spina Altobelli, Gbg. had thrown a Defendant Ann M. Yutz’s Counsel: Divorce | Custody | Support drink out of the Joseph A. Hudock, Jr., Pgh. window, causing Liberty Insurance Corporation’s liquid to splatter Counsel: Rhonda F. Harris, Paoli on the Stoker Trial Judge: The Hon. Christopher KELLY M. ESHELMAN vehicle prior to ATTORNEY AT LAW A. Feliciani the occurrence Result: Verdict in favor of Plaintiff of the accident. Richard A. Stoker and against 231 South Main Street, Suite 309 Tel: 724-708-5291 Following the Defendant Ann Yutz, attributing Greensburg, Pennsylvania 15601 Fax: 724-205-6030 accident, the [email protected] 15% liability to Mr. Stoker, and Stoker vehicle 85% liability to Ms. Yutz.  SEPTEMBER 2014 sid ebar • 17

Westmoreland Revisited Anne Royall, A Common Scold by The Hon. Daniel J. Ackerman

he title of this offering is admittedly unfair, for On Saturday, July 13, 1782, thirteen-year-old Anne and while our subject was indicted, tried, and convicted her sister, who would have been close to ten, were hurriedly T of this most archaic offense, this vibrant and ushered into the stockade by their mother on the report pugnacious daughter of Westmoreland was much more: a that a sizable force of about a hundred Indians, allies of the child of the frontier, who witnessed the burning of Hanna’s British, had been sighted in the area. The subsequent Town; a woman who married into a landed Virginia family; exchange of gunfire at the stockade resulted in a lone an author of travel books; the country’s first well known fatality among the settlers: sixteen-year-old Peggy Shaw. female journalist; an iconoclastic publisher; and a friend, The invaders, however, were more than content in acquaintance, or enemy of many of the great or near-great of slaughtering the livestock and torching the town. the 19th century. A journalist generations After the burning of Hanna’s Town, Anne’s mother, removed from her time would refer to her whether from death or desertion, found herself once again as the “grandmother of the muckrakers.” a widow. Having had enough of the hostile frontier, Mary She was a character of contradictions, took her daughters by the hand and left the county on a certainly a scold in the minds of many, road leading to the Upper Valley of the Shenandoah, in the but never common. The stone atop her hope of finding a better life. grave reads: Anne Royall, Pioneer Woman Publicist, 1769-1854, “I Pray That the LIFE IN VIRGINIA Union of These States May Be Eternal.” There, in 1782, Mary Butler found employment as a cook at the farm of Colonel Andrew Anderson, who during L EARLY LIFE the war had been in command of a regiment at Fort Pitt. The Hon. Daniel J. At age three, Anne, who a half-century While for Mary the position was a welcome improvement Ackerman later would crisscross the then-existing continued on page 18 states (all east of the Mississippi), notebook in hand, as the author of the country’s first travel guides (there would be nine in all), was already on the move. She, her parents, William and Mary Newport, and her infant sister set out from the family home in Baltimore on Braddock’s Road, intent on settling on the affordable land offered in Westmoreland County. At journey’s end, the Newports purchased a previously built cabin on a bluff known as Mount Pisgah, which overlooked the junction of the Loyalhanna and the Conemaugh River as they flowed into the Kiskiminetas, near the present town of Saltsburg. The year was 1772. Sometime in the decade which followed, her father died or disappeared in the wilderness. Records on the frontier were sparse and ill kept, and illiteracy was high, but it is strange that Anne, who eventually became a prominent writer, wrote nothing about his passing or, for that matter, about her subsequent step-father, who we know only by his surname, Butler. What we now call home was a dangerous place during the Revolution and an isolated cabin posed added dangers for a widow and two girls. The county seat at Hanna’s Town with its stockade offered more security, and the new residents in the town’s thirty structures clustered on the Forbes Road included Butler, Mary, and her daughters. News of the surrender of Cornwallis’ army at Yorktown was hopeful, but it did not result in the cessation of hostilities. 18 • sid ebar SEPTEMBER 2014

Anne Royall: A Common Scold continued from page 17

however, was apparently offset by Mathew Dunbar, a young law student her vitality and intellect and in 1797, in a Charleston law office who owed William, who was in his mid-fifties, much of his earlier education to books and Anne, age 28, were married. borrowed from her late husband’s It was a marriage marred by library. In one letter, she related an William’s alcoholism—a condition evening visit to the tavern at which she which killed him fifteen years later in was lodged by a man in a frock coat 1812. Anne left the plantation, which who wore a sword at his side: the hero would be sold at auction, accompanied of New Orleans, Andrew Jackson. by five slaves, and purchased a lot in She did not think the general to be Charleston on which she built and handsome, but found him, “easy and L operated a tavern. Her widowhood affable.” These letters were saved by On July 13, 1782, 13-year-old Anne Royall was complicated by a lawsuit brought Dunbar, who bundled them and sent witnessed one of the final battles of the by William’s niece and nephew who them to Anne in Huntsville. They Revolutionary War—the burning of Hanna’s claimed that Anne had forged the would later be published under the Town by a raiding party of Indians and their Captain’s will which gave Anne a life title, Letters from Alabama . British allies. estate to his property, consisting of close to eight thousand acres, seven BACK IN COURT from her former life, there was a slaves, and various livestock. Five years Anne returned to Virginia for the growing resentment in Anne at being after her husband’s death, a jury retrial of the will contest in 1819. The a member of the servant class and the decided the matter in Anne’s favor. first attempt resulted in the withdrawal class segregation enforced at day-long There was, however, scant time for of a juror (a mistrial), and the second Sunday services at the Presbyterian her to relish the verdict. in the jury’s finding Church. Both nurtured an aggressive The plaintiffs filed an that William Royall died streak in Anne’s personality. appeal and the tavern was intestate. The will was When Anne was eighteen, Mary proving to be an unsuc - invalidated. Anne had lost. took a position as housekeeper at cessful investment. When She was now entitled only the newly built manor house on the a new trial was ordered, to the widow’s dower of plantation of Captain William Royall, and with creditors press - one-third of the estate, near Sweet Springs, Va., a village about ing her, she decided that with two-thirds going to forty miles northwest of Roanoke, she would need to look the plaintiffs. And, if that on what would later become the elsewhere for some form was not enough, the judge boundary between Virginia and West of success. So at age 48, imposed what she called Virginia. There, Anne, who unlike she turned her gaze to “iniquitous costs” on the her mother was able to read, was the Alabama territory, defense. fascinated by an entire room devoted where only recently L As far as the judge was to the Captain’s books. Her eagerness the Cherokees had Each evening, Anne concerned, she said, “He is to learn resulted in the master of the been “encouraged” Royall recounted the an old man—walks, talks house—a bachelor and member of by the government to day’s events and and bobs his head up and Virginia’s General Assembly—tutoring move from their ancient observations in long down. I do not admire old her in literature, history, and politics; homeland to tracts across letters which were men for judges. Give me a a teacher-student relationship, which the Mississippi. saved and published. man in his prime of life along with a rather unconcealed while his blood is still cohabitation, went on for a decade. LETTERS FROM ALABAMA warm.” For Anne, it was now time to According to her biographer, Bessie Taking two horses, one for herself, start over. Rowland James, Anne, who was two the other for Davy, the one slave she inches short of five feet tall, “had none had not sold off to pay her debts, she A DUAL PURPOSE of her mother’s good looks. Her face started down a muddy path which After her setback in court, Anne was lean, hair drab, and her mouth would take her 400 miles. Each made two decisions: she would try to a narrow line that curled with a evening, she would recount the day’s earn her living as a writer, and she mocking smile rather than with joy or events and observations in long letters would seek a pension from the federal amusement.” Her description as plain, which she sent back at the request of government as a widow of a soldier of SEPTEMBER 2014 sid ebar • 19 the Revolution. The pension and sell subscriptions to potential surly, ill-natured dog.” Her reputation application was rejected because of buyers. Having next to nothing in the for flattering subscribers and reviling lack of documentation of William way of financial resources she was left those who turned her down preceded Royall’s service. During the war, to rely on the kindness of others. her. Associate Justice Joseph Story record-keeping of enlistments and wrote his wife, “The famous Mrs. discharges was haphazard at best, and I do not admire Royall … had compelled the Chief it was also suggested that documents Justice [John Marshall] and myself to old men for judges. pertaining to him perhaps had been buy to avoid castigation.” lost in a fire which devastated the Give me a man in Nor did she hesitate to describe a records office in Richmond. the prime of his life Presbyterian minister in Philadelphia She next went about collecting as a “monster.” Not only had the affidavits from knowledgeable citizens when his blood is clergyman refused to purchase a attesting to her late husband’s service, still warm. subscription to her book, but he was and, in case that failed to be sufficient, the organizer of the American Tract she went to Washington to lobby Her late husband had been a Society which sought legislation to end for a change in the pension law. She Mason and the quick telling of Sunday mail delivery and travel; and attempted to collar every lawmaker her predicament to members of the Anne, who demonstrated a life-long and official she could, including then Masonic order, more often than not, antipathy toward organized religion in Secretary of State, John Quincy was rewarded sufficiently to see her general, and more specifically toward Adams, in an effort to both explain her through to the next destination. Those Presbyterians, railed against religious dilemma, and, while she was at it, to who refused her help or to purchase a intrusion into the legislative process. sell subscriptions to her presently subscription might well have found The sole exception to her anti-religious incomplete work, Sketches of History, their names in print when Sketches bent seemed to be Unitarians and Life and Manners in the United States . was later published. Universalists.  From Washington, she continued to A Baltimore theater manager travel on the east coast and through declined to purchase a play she wrote, Stay tune d! Anne’s tour continues in the Mid-Atlantic states. The purpose and the unfortunate man later found the October 2014 issue of the sidebar. was to both gather material for Sketches himself described in Sketches as “a

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The Hon. Alfred B. Bell continued from page 1

me more about the law The defendant promptly informed the than anyone else could. Judge that he had no way to get back Judge Bell’s passion to New Kensington. The defendant for Family Court and explained that he could take the bus, his zeal for efficiency but he didn’t have any money for the and promptness in fare. The Judge asked him “if five Criminal Court are two bucks would cover it.” The defendant distinguished qualities I said it would (remember, this was the have always admired. year 2000), and with that, Judge Bell Some have rolled their reached in his pocket and handed eyes and poked fun at the startled defendant a $5 bill. the Cinderella Man The defendant said, “I’ve never seen speech that Al routinely a Judge do that L delivers when sentencing before,” and defendants as he gleefully took Judge Bell with his wife, Bonnie, and daughter, Brittany, at his retirement party held at the Courthouse in July. Photo courtesy of encourages defendants the cash. Nicole Bononi. to rise above and Let me end beyond adversity. with this personal character and compassion of “my (The film, Cinderella Man, stars actor note: I would not pal Al” made all the difference in the Russell Crowe as heavyweight boxing be half the man I world to me then, as it still does today. champion James J. Braddock, and tells am today without I became an adopted member of the the story of his life of hardship during the tutelage, Bell family and Al and Bonnie still the Depression.) I could not disagree guidance, and affectionately refer to me as “our son.” more with the skeptics. friendship of “my L When Al was elected in November To demonstrate the compassion and pal Al.” When I Judge Bell, a/k/a “The 1999, he chose his staff and I was fairness of “my pal Al,” I remember a got married in Sermonator.” Photo among them. On January 2, 2000, proceeding that occurred only several 1995, I gave a courtesy of Nicole Bononi. when he took the bench, I could not weeks after he took the bench in 2000. speech at my have been more proud of my best A down-on-his-luck defendant was wedding that truly sums up my friend and confidant. I was then, and in the courtroom for a compliance feelings for my old boss, colleague, and still am today, forever grateful to him hearing. After Judge Bell heard the best friend. It went then, and still goes for what he did. He gave me a job evidence, he decided that he would now, like this: “Chuck Moore, Sr., you when no else would and he taught release the defendant from incarceration. are the Big Man. Chuck Moore, Jr., you are my Best Man. And Al Bell, you will forever be MY MAIN MAN.” Best of luck in your retirement, Judge. You’ve earned it . 

L L Henry Moore and Judge Bell. Judge Bell entertains Inns members at a 2006 meeting. Photo courtesy of Nicole Bononi. SEPTEMBER 2014 sid ebar • 21

continued from page 1 Defendant was treated fairly. There New Judges issues and gave defense attorneys was only one case in all those years discovery material often before it where I substantially disagreed with Fill Vacancies was even asked for and followed him—but we can’t all be perfect. through with what he perceived to be But enough about the lawyer and wenty-one judges, along with a reasonable offer—not always the Judge, more important was and is state and county officials, acceptable, but potentially possible. his life as a good human being. Most joined the public on July 21 at As a Judge, he maintained his important to Al Bell was and is his T the Westmoreland County Courthouse efforts to get to the facts and made commitment to his family, to his to witness the ceremony in which great and detailed efforts to father and mother who he took care of David A. Regoli and Harry F. Smail, Jr., understand the background, cause, in their later years and to his wife, took seats on the court of common and possible rehabilitation of the Bonnie, and his daughter, Brittany. pleas. The commissioned, senior, and particular defendant I believe the retired judges of our court were joined before him, often to influence and by Judge Donetta Ambrose (U.S. the chagrin and commitment to impatience of the family have been District Court), Judge Jacqueline prosecution and a driving factor in Shogan (Superior Court), retired Judge defense attorneys. his efforts to be a James Kelley (Commonwealth Court), He remained true good lawyer, to be and President Judge Jeffery Manning, to his purpose, a good judge, to Judge David Cashman, and Senior however, to find out succeed, and now Judge Robert Gallo (all of Allegheny what I believe is his retirement. County). Judge Ambrose administered L the most important I firmly believe the oath of office to Judge Regoli, and question in a Dante Bertani and Judge Bell. Al Bell’s basic Senior Judge John Blahovec did the criminal case— Photo courtesy of Nicole Bononi. instincts, family same for Judge Smail. “Why?”—and second, what is the background, and then his experience Both incoming judges are best solution under the existing first as a defense attorney getting appointees of Governor Tom Corbett, circumstances for not only the to know and understand the trials and are the first judges in our county Defendant but for society in general! and tribulations of ordinary people to serve by appointment since Judge Often Judge Bell’s bark was and followed by his term as a Ober was appointed in 1997. worse than his bite. If the “Why?” prosecuting attorney realizing the Judge Regoli , of Lower was capable of explanation and goals of society made Alfred B. Bell a Burrell, is presiding over civil understanding, and the road to fine Judge. and orphans’ court matters in resolution was in the best interest of And yes, I have seen Cinderella Man Courtroom No. 6, previously the client and society in general, the a couple of times!  occupied by Judge Bell. His staff consists of Melissa Iarussi, JUDGE secretary; Shane Sarver, law REGOLI Smail Appointment Leaves VP Vacancy clerk; Maureen Pallone, court assistant; and Lisa Hauliska, he WBA Board of Directors decided to take no extraordinary measures to fill court reporter. the open Vice President position in the Bar leadership, voting unanimously Judge Smail , of T at its regular meeting on August 21, 2014. Greensburg, is adjudicating Governor Tom Corbett appointed former WBA President-Elect Harry Smail to family court issues in serve as a Common Pleas Judge in June 2014. When he was sworn in on July 21, Courtroom No. 10, previously 2014, Judge Smail resigned his position on the Bar leadership. Following WBA occupied by Judge Bilik- DeFazio. His staff includes Bylaws, former Vice President Maria Soohey assumed the position of President- JUDGE Elect. The Bylaws do not address filling a Vice President vacancy. Kate Wiatrowski, secretary; SMAIL President Joe Lazzaro requested that the Planning Committee study this Bylaw Susan Zydonik, law clerk; gap, and also make recommendations to the Board to improve its leadership Heidi Cooney, court assistant; structure, the number of Board positions and the election process. and Jill Josey, court reporter. “Many of the best, former leaders of this Bar Association currently serve on the Both judges will serve under their Planning Committee,” Lazzaro said. “The Board looks forward to their advice and appointments until the first Monday input in this process.” in January 2016; both are eligible to The Planning Committee is Chaired by Bill McCabe and Co-Chaired by Dan seek election in November 2015, when Joseph. A special subcommittee for “Bylaw Changes” is headed by Tim Geary. candidates for three judicial seats will  be on the ballot.  22 • sid ebar SEPTEMBER 2014 New Member Sketches

RYAN PAUL CRIBBS has been JULIE K. FREEMAN has been clerk for The Hon. Meagan Bilik- admitted as a participating member admitted as a participating member DeFazio, and resides in Monroeville. of the WBA. He earned a bachelor of the WBA. She earned a bachelor ERICA L. LAUGHLIN was admitted degree in History and Political Science degree in Urban Studies from the as an associate member of the WBA. from the University of Pittsburgh University of Pittsburgh, and her J.D. She studied Journalism and Psychology at Johnstown, and his J.D. from from Duquesne University. Julie is at Duquesne University before earning Duquesne University. An associate in-house counsel for the Lake Erie her J.D. at the University of Pittsburgh with Nakles & Nakles, he and his College of Osteopathic Medicine School of Law. An associate with wife, Kristin, reside in Latrobe. (LECOM) at Seton Hill. Strassburger McKenna Gutnick & CLARE H. DOOLEY has joined the She and her husband, Gefsky, with offices in WBA as a participating member. Clare WBA member Irv Pittsburgh and earned her undergraduate degree in Freeman, reside in Greensburg, she History from Rice University, and her Pittsburgh. and her husband, juris doctor degree from Loyola Law KEVIN G. Nicholas, reside in School. In addition to Pennsylvania, HENDERSON has Gibsonia. she has been admitted to the courts in rejoined the WBA RICHARD N. California, the District of Columbia, as a participating LETTIERI has joined and Texas. Clare has a solo practice in member, after a three- the WBA as an associ - Greensburg and resides in Latrobe. year hiatus. Licensed ate member. Richard KELLY M. ESHELMAN was to practice in both Pennsylvania earned a degree in Philosophy from admitted to the WBA as a participating and Florida, Kevin is a graduate of Lafayette College, and his J.D. from member. A veteran of the United the University of Pittsburgh and the Duquesne University. He has a solo States Air Force and the Hawaii Air University of Tulsa. He has a solo practice and resides in Pittsburgh. National Guard, Kelly graduated from practice and resides in Ruffs Dale. JASON P. M CCONNELL was St. Leo College with a B.A. in Liberal JAIME MARIE HICKTON was admitted to the WBA as a participating Arts and from Penn State’s Dickinson admitted to the WBA as a participating member. A graduate of Penn State School of Law with her Juris Doctor. member. Jaime graduated from Seton with a degree in Advertising/P.R., A solo practitioner with an office Hill University with a degree in Jason earned his J.D. from Duquesne in Greensburg, Kelly lives with her PoliSci/History and from Duquesne University. He is General Counsel husband, Daniel, in Northern Cambria. University’s School of Law. She is a law for C.A.R.S. Protection Plus in Murrysville. He and his wife, Kayla, live in Oakmont. TIMOTHY J. SCELSI was admitted My First Bench/Bar as a participating member of the continued from page 14 WBA. A magna cum laude graduate of Slippery Rock University with a was having a blast. Every so often, a not disturb the other hotel guests. I bachelor degree in Political Science, whoop would break out from one of was glad I had come. Tim graduated cum laude from the gaming tables. I let a few out myself Bar and bench members shared Duquesne University’s School of Law. from the poker table. There were breakfast on Friday, and many of us He is an associate with Reeves & Ross, prizes given away at the end, which is then attended the morning CLE, P.C., in Latrobe. Tim and his wife, always fun. I was glad I had come. Family Law Mediation, which Nicole, reside in Greensburg. The Young Lawyers hosted a provided great information on the EMILY SHAFFER has joined the Hospitality Suite again on Thursday mediation program being developed in WBA as a participating member. night. We did not even have a chance Westmoreland County. After the grand She is a graduate of the University to get wound-up before the hotel prize for the conference was given of Pittsburgh at Greensburg, with a management was relocating us to a away, I headed back to Greensburg degree in Communications, and the more private suite. The evening was having met a lot of super nice people Duquesne University School of Law. spent with various members of the and having enjoyed their company and She is a law clerk for The Hon. bench, bar, and vendors chatting and the conference events immensely, very Anthony G. Marsili, and lives in enjoying refreshments where we would glad that I had come.  Greensburg.  SEPTEMBER 2014 sid ebar • 23 Actions of the Board where in the world IIS THHEE WBBAA MEMBER? JUNE 19, 2014 • Accepted Membership Committee report as presented: Kevin Henderson, Chuck Washburn, Jamie Hickton, Kelly Eshelman, Julie Freeman, participating; Richard Lettieri, associate. • Agreed to invite Mike Passalinqua from Private Wealth Advisors and the Investment Committee to the August board meeting. (E.D. note: Rescheduled.) • Voted to pay mileage and CLE costs for Young Lawyer Kristen Weidus to attend PBA Young Lawyers retreat. • Agreed to hold quarterly meeting in early September and to honor 50-year members. (E.D. note: Dan Hudock went out for a stroll with some friends at the Chaminuka Lodge, Postponed.) while visiting his sister and family who live in Lusaka, Zambia. • Agreed to invite Art Rooney to attend the fall quarterly meeting to LUSAKKAA,, ZAMBIIA be coordinated by John Noble, his law school colleague. • Signed-off on conflict of interest and • Asked to have the building usage • Decided that because Mrs. Soohey confidentiality policies. numbers from July –December 2014 will now be President for the 2015 • Adopted a capitalization policy documented by the hour. Bench/Bar Conference, she should as recommended by CPA Shanta, • Voted to release $5,000 to Architect have input on the location and effective June 19. Morris for work done on drawings activities and should work with • Heard report that the judges have for the first floor of WBA HQ. Co-Chairs Adam Gorzelsky and been very supportive of the work • Voted to discontinue any paid Allison Thiel regarding the details. that Pro Bono has been doing in business agreement with Marketing • Agreed to adopt a resolution similar managing pro se and emergency Coach. to Montgomery County’s resolution custody petitions. • Agreed to have staff secure a date to oppose sales tax on services. • Learned that Custody representation for United States Supreme Court President Lazzaro volunteered to has been temporarily halted by Pro admission trip to Washington, D.C. draft a resolution to be presented Bono because they have expended to the membership at the quarterly more than the allotted amount for JULY 19, 2014 meeting. custody matters. • Agreed to circulate the 990 and the • Agreed to consider holding a joint • Voted to allow the county to use one accountant’s review to all board meeting/CLE with the Medical of the Lawyers Lounge offices. members for their input. Society with a 4 pm reception. • Heard report on court mediation • Discussed executive committee • Mr. Noonan reported that he and learned that Judge Bilik-DeFazio restructuring with Mr. Smail’s and Mr. Noble are conducting an will be making referrals to the appointment to judge. Agreed in-depth look at the money that mediation academy before the that Mrs. Soohey assumes the was invested in the building and conciliation hearing, which will President-Elect position as outlined also looking at what other counties result in a great more mediation by the bylaws. are doing with their buildings. orientation sessions. • Heard report that the WBA made a • Discussed having an appraisal of • Agreed that the current/future board surplus on this year’s Bench/Bar the building to help with the money structure as outlined by the bylaws Conference. picture of the WBA building. should be referred to the Planning  Committee. PRESORTED STANDARD U.S. POSTAGE PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org

CALENDAR OF EVENTS LAWYERS CONCERNED All committee meetings and activities will be held at the WBA Headquarters unless otherwise noted. Visit www.westbar.org for more information FOR LAWYERS about activities and CLE courses, or to register online . CORNER

OCTOBER NOVEMBER 1 Bankruptcy Committee, Noon 11 Courthouse closed in observance • The 12-step recovery meeting, exclusively for 3 Red Mass of Veterans Day lawyers and judges, is in 12 Real Estate Committee, Noon 8 [CLE] Defensive Driving, A downtown Pittsburgh every Sentencing Diversion Program, Ned J. Nakles American Inn of Thursday at 5:15 p.m. For Noon to 2:15 p.m., 2 optional Court, 5 p.m. the exact location, call substantive credits available 18 Family Law Committee, Noon Pennsylvania Lawyers Concerned for Lawyers at 13 Courthouse closed in observance 19 Membership Committee, Noon of Columbus Day 1-800-335-2572 . Elder Law & Orphans’ Court 15 Membership Committee, Noon • LCL has a new website at Committees, Noon www.lclpa.org . Attorneys 21 Family Law Committee, Noon 27 Courthouse closed in observance and judges will find informa - 23 Ned J. Nakles American Inn of of Thanksgiving tion on how LCL can help Court, 5 p.m. 28 Courthouse closed in observance them, a member of their 24 [CLE] Human Services in of Thanksgiving family or a colleague who Westmoreland County: The Child may be in distress. It is Welfare System and Beyond, confidential and easy to Noon to 1:30 p.m., 1.5 optional navigate. Visit it today. substantive credits available • Lawyers Confidential Help Line: 1-888-999-1941 . 29 Fall Quarterly Meeting, 4 p.m. Operates 24 hours a day. (Tentative) Defensive Driving 2 Substantive Credits A Sentencing Diversion Program ­— ­LIVE ­— An accredited provider for the PA Board of Continuing Legal Education

he Defensive Driving Program offers Prosecutors, Defense Attorneys, and the Courts an alternative in sentencing Tfor traffic cases and an opportunity to reduce case loads. The program provides drivers with a “second chance” Wednesday, through rehabilitating bad driving habits and poor judgment. October 8, 2014 12:00 pm -2:15 pm Topics of Discussion: WBA Headquarters • Alternative means of rehabilitation • Vehicle Dynamics: • Why Driver’s Training is important: Friction of Road Surface, Braking, Reaction Time, Complacency & Bad Habits, Mental & Physical Stopping Distances and Speeding Seminar Fees: Preparation, Crash Prevention • Special Situations & Hazards: PRE-REGISTRATION: • Legal Impact: Cell Phone and Texting (Must be prepaid & received at the WBA office by Criminal & Civil Liability, DUI & Culpability • Seat Belts: 12 pm October 7, 2014) Physical dynamics of seat belts CLE Credit WBA Members- $30 per credit hr. Speaker: John P. Rock Non-Members - $50 per credit hr. Defensive Driving Specialists, Retired PA State Police Lieutenant and Accident Reconstructionist. Non-Credit $10 Flat Rate Waived for Young Lawyers (practicing 10 years or less) Two (2) Substantive Credits are available toward your annual CLE requirements.

WALK- IN: You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register OR submit the CLE Credit form below. WBA Members- $40 per credit hr. Non-Members - $50 per credit hr. Defensive Driving - A Sentencing Diversion Program October 8, 2014 ■ Enclosed is my check made payable to the Westmoreland Bar Non-Credit Association. $20 Flat Rate Name: ______■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for Waived for Young Lawyers (practicing 10 years or less) $______(Amount). Attorney I.D.# ______Card # ______Address: ______Lunch will be provided. Westmoreland Bar Association Expiration Date ______Email: ______129 North Pennsylvania Ave. Credit Card Billing Address ______Greensburg, PA 15601 Phone: ______724-834-6730 Fax: 724-834-6855 Pre-Registration Fees Non-Credit: www.westbar.org CLE Credit: ■ $10 Flat Rate For refund policy information, or if special ■ WBA Members - $30 per credit hour (2 credits = $60) ■ FREE for Young Lawyers arrangements are needed for the disabled, please ■ Non-Members - $50 per credit hour (2 credits = $100) (practicing 10 years or less) contact the WBA Office at 724-834-6730, or 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 October 7, 2014. FALL 2014 WHAT’S FOR DINNER? DINE AROUND

YES, BUT I DON’T WANT TO. CAN YOU COOK? EXCELLENT! LET’S GO OUT! I DON’T EVEN KNOW WHERE THE KITCHEN IS.

DO YOU DO YOU LIKE LIKE TRAINS? IT DEPENDS. GOOD FOOD AND STIMULATING WHO DOESN’T? DINNER COMPANIONS? ARE YOU FREE OCTOBER 16? AFRAID SERIOUSLY? AFRAID NOT. NOBODY CAN NOT. BE THAT BUSY. YES! ARE YOU FREE AFRAID CHECK YOUR NOT. CALENDAR NOVEMBER 4? ARE YOU FREE AGAIN. JANUARY 14?

YES!

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JOIN US AT THE NEST! JOIN US AT JG’S TARENTUM JOIN US AT THE 407 CLAY AVENUE, JEANNETTE STATION GRILLE! LIGONIER TAVERN! 101 STATION DRIVE, TARENTUM 139 WEST MAIN STREET, LIGONIER Join other bar members and their guests for DINE AROUND —an informal evening of food and conversation. Reservations are necessary and taken on a first-come, first-served basis. Register online at www.westbar.org , or call the Bar office at 724-834-6730 to reserve your date(s). Start time: 6 p.m. • Cost: On own, as ordered from menu. — LIV­E — Human Services in Westmoreland County 1.5 Substantive Credits Available An accredited provider for the PA Board The Child Welfare System and Beyond of Continuing Legal Education

This seminar qualifies for required credits for those attorneys practicing in Dependency cases as required by Administrative Order effective January 1, 2011. Friday, October 24, 2014 osted by the training committee of the Topics of Discussion 12:00 pm -1:30 pm HWestmoreland “Children’s Roundtable,” this • Who: who are some of the contacts to be familiar with seminar will cover a lot of the who, what, where, human services in Westmoreland County WBA Headquarters when and how regarding human services in • What: a general overview of what services are available, Westmoreland County, and will include a focus both inside and outside of WCCB contracted services; Seminar Fees: on helping professionals in the Child Dependency what is the structure of human services in our county PRE-REGISTRATION: system understand the system so that they can • Where: where to turn to for finding resources for children, (Must be prepaid & received at the WBA office by better assist the children, families, or clients that families or clients 12 pm October 23, 2014) they work with. This will cover an understanding • When: the time frames for some of the processes CLE Credit • How: how services and treatment options are put into some of the resources available, and others. place; how to access the managed care system and what WBA Members- $30 per credit hr. Non-Members - $50 per credit hr. of the system structure, how to find resources, to expect Non-Credit FREE Speaker: Dirk Matson, Ph.D. — Director of Human Services, Westmoreland County

1.5 Substantive Credits are available toward your annual CLE requirements. WALK- IN: CLE Credit You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register OR submit the form below. WBA Members- $40 per credit hr. Non-Members - $50 per credit hr. Human Services in Westmoreland County The Child Welfare System and Beyond Non-Credit October 24, 2014 ■ Enclosed is my check made payable to the Westmoreland Bar FREE Association. Name: ______■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for Lunch will be provided. $______(Amount). Westmoreland Bar Association Attorney I.D.# ______129 North Pennsylvania Ave. Card # ______Greensburg, PA 15601 Address: ______724-834-6730 Expiration Date ______Fax: 724-834-6855 Email: ______Credit Card Billing Address ______www.westbar.org ______For refund policy information, or if special Pre-Registration Fees arrangements are needed for the disabled, please CLE Credit: Non-Credit: contact the WBA Office at ■ WBA Members - $30 per credit hour (1.5 credits = $45) 724-834-6730, or by email at [email protected] ■ FREE ■ Non-Members - $50 per credit hour (1.5 credits = $75)

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 October 23, 2014. Secure-A-Day — LIV­E — In today’s world of digital information, have you ever wondered 1 Substantive An accredited provider for the PA Board of Continuing Legal Education what security exposure a typical day brings? Credit Available

— Topics of Discussion — hat every attorney needs to Friday, Wknow about securing personal • Learn the safe way to travel with your laptop/smart and professional data. phone and why free Wi-Fi may come with a price November 21, 2014 12:00 pm -1:15 pm • Discover FREE and easy ways to keep your data safe Speakers: Stacey Ivol in the office and at home WBA Headquarters VP Privacy/Data Breach Unit, INtegrity First Corporation • Improve employee cyber security awareness Seminar Fees: PRE-REGISTRATION: • Master the art of creating a strong password and an Stephen P. Moschetta, Esq. easy way to remember it (Must be prepaid & received at the WBA office by The Moschetta Law Firm P.C. 12 pm November 20, 2014) Solve common office security problems by simple • CLE Credit changes in employee behavior WBA Members- $30 per credit hr. Non-Members - $50 per credit hr. FREE to Office Staff • Uncover why your trash may be more valuable than you think Non-Credit FREE 1 Substantive Credit is available toward your • Lessen your chance of a privacy/data breach by applying technical risk management annual CLE requirements.

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 21, 2014 Secure-A-Day WBA Members- $40 per credit hr. Non-Members - $50 per credit hr. Name: ______Pre-Registration Fees Non-Credit Attorney I.D.# ______CLE Credit: ■ FREE Address: ______WBA Members - $30 per credit hour ■ Non-Members - $50 per credit hour Lunch will be provided. Email: ______Non-Credit: Phone: ______■ FREE Westmoreland Bar Association ■ Enclosed is my check made payable to the Westmoreland Bar 129 North Pennsylvania Ave. Association. Greensburg, PA 15601 ■ ■ ■ ■ 724-834-6730 Bill my MasterCard VISA DISCOVER for To qualify for Pre-Registration Seminar Fees - Please $______Fax: 724-834-6855 (Amount). return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA www.westbar.org Card # ______15601, by 12 pm November 20, 2014. For refund policy information, or if special Expiration Date ______arrangements are needed for the disabled, please contact the WBA Office at Credit Card Billing Address ______724-834-6730, or by email at [email protected]

______