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THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XVII, NUMBER 2 MARCHÐAPRIL 2005

Ned J. Nakles American Inn of Court Celebrates 10 Years

by Robert I. Johnston, Esq. professional ethics, civility, and legal Trial Lawyers, many of whom are skills among the members of our members of the Inn, now provides he Ned J. Nakles American Bench and Bar. scholarships so that every new admittee Inn of Court will celebrate its In the beginning, I can remember of our Bar can take advantage of T 10th Anniversary on May 19 wondering whether anyone would mentoring opportunities while at a dinner to be held at the Millcreek take the time or the trouble, or spend affording our Bar the opportunity to Inn in Ligonier. The Founders Day the money, to participate in yet expose new lawyers to our pursuit of Dinner is ostensibly another demand on their precious excellence as lawyers. to recognize the time. And we didn’t make it seem We’re having a dinner to honor the foresight and effort of more likely we would succeed by founders (at least a little) and to honor those responsible for insisting that the Inn be a working the contributions of our membership the birth of the Inn: organization, that every member, to a community where it remains an Judge Ackerman and judge or lawyer, whether the least honor and a privilege to call oneself a Judge Hudock, Dick experienced or the most, was lawyer. But I can’t help thinking Galloway, and Ned expected to participate the dinner is to honor Nakles, Sr. (a small to the same degree. more than that. group of which I Nor did our Every once ▲ was also privileged insistence that in a great while, Robert I. Johnston to be a part). there be little a perfect idea I use the word regard for rank, comes along. “ostensibly” partly because, frankly, that each member For us, the Inn, I given that we all remain active in the be judged by the think, was such an leadership of the Inn, the notion of quality of their idea. It wasn’t our organizing a dinner in one’s own contributions and idea; there were 255 honor has taken some getting use ideas, seem likely to other Inns of Court to. Ten years is a long time to wait, have universal appeal. before we came along. however, and someone, maybe it was Few of us would And candor would Judge Hudock, said, “What are they have guessed that, in preclude our claiming an waiting for? We’re not getting any spite of these demands, or awareness that we had younger here!” and so we’re having a perhaps because of them, more stumbled upon any special dinner. than 70 judges and lawyers would wisdom. That anyone, much less so Mostly, though, I use the word participate in our first year, or that many, would respond favorably to an “ostensibly” because what we really our membership would exceed that invitation to join a new organization wish to celebrate is the rather number in every year since. As we with the attributes that one pay sub- remarkable role the Inn has come to conclude our tenth year, more than stantial dues, agree to work, and forgo play in promoting and maintaining 150 of our judges and lawyers have any sense of status, is a bit of a puzzle. the highest standards of excellence in been members. The Academy of Civil continued on page 8

IN Annual Code of To Wit: Jury Actions THIS President’s Meeting Ethics by S. Trial of the ISSUE 2 Message 3 Recap 5 Signed 11 Sponte 14 Verdicts 22 Board 2 ¥ sidebar MARCHÐAPRIL 2005

President’s Message Here We Go, Lawyers, Here We Go! by James R. Silvis, Esq.

didn’t want to write the obligatory refer these questions to an appropriate be scheduling at least one CLE during “I Love Lawyers” first column— lawyer for a response. the next year. If you have specialized I I tried not to—but I couldn’t Bob was the leader in establishing knowledge that could be beneficial to help it! I thought I might write about a detailed written investment policy our members, don’t be humble or shy: Congress’ waste of time and money for our association’s money, and also please give me a call and we can in investigating steroid use in baseball helped orchestrate the revision of the arrange a Lunch ‘n Learn. As a prime or give advice to the newly inducted Lawyer Referral program. Both look example, over the last two years, Mike members of our bar. (Now that I’m like they are going to be great successes. Ferguson, on his own, conducted old enough to be a Wow, this is looking more like an seminars about handling motor vehicle Pennsylvania Lottery “I Love Bob” first column! Let me cases and, recently, insurance law. drawing witness, there get back to my promised “I Love Our association always needs fresh is a presumption of Lawyers” one. ideas to pass along, and I hope you wisdom.) Then I I’ve always tried to be involved in will be active on the committees and in remembered that bar association functions running for office. If there is something when I try to share and activities, but never that you believe our association is that wisdom with my realized the time and the not addressing, please contact children or young effort that it took to run me. If you have ideas about lawyers, a dreamy, an effective and efficient how we can be more appeal- glazey look comes into organization. Although we ing to non-members, please their eyes ... and I don’t think it’s awe! perform many services to let me know. So, I’m going to begin where Bob the community through Our first social Johnston left off in his last column. our educational and charitable function of the summer During Bob’s term as president, our endeavors, I believe our primary will be the Bench/Bar accomplishments were many. He took purpose is to serve our members. Conference at Seven Springs the initiative to invite the board of To borrow from the new Pedigree on June 23, 24 and 25. I urge directors of the Westmoreland County ads, “We’re for Lawyers.” everyone to attend. You can Medical Society to one of our board During my year as president, pick up CLE credits if you meetings. Most of us were surprised to I’d like to increase the partici- need them, and join in the find out how bad the relations were pation of our members. In activities for all ages and between the doctors and the lawyers. our bar association of about interests. More importantly, After a number of meetings 500 lawyers and judges, we getting to know your col- exploring how our professions could have members who are individually leagues and the judges on a personal assist one another, a medical/legal expert in one or maybe more areas of basis is invaluable, and, frankly, a lot code of ethics was drafted and the law, including patents, non-profit of fun. approved by the President Judge, the corporations, employment, etc. Some Bar Association, the Westmoreland of these topics were not even taught Academy of Trial Lawyers and the when I was in law school. Throughout Westmoreland County Medical the year, I would like to call on you to Society. The code set forth standards participate in Continuing Legal of practice for ethical conduct for and Education programs and Lunch ‘n between physicians and attorneys. Learns. Each committee chairman will Bob was also instrumental in form- ing the Public Relations Committee which will make attorneys available to q u i c k q u o t e answer questions raised by the media “To me, a lawyer is basically the person that knows the rules regarding the practice of law, and to provide comment on changes in the of the country. We’re all throwing the dice, playing the game, law or on current litigation. Often the moving our pieces around the board, but if there is a bar president is called by the media problem, the lawyer is the only person who has read the for comment on a legal matter; now inside top of the box.” —Jerry Seinfeld the Public Relations Committee will MARCHÐAPRIL 2005 sidebar ¥ 3 New Leaders Chosen, Awards Given at Annual Meeting

ames R. Silvis assumed the of the Year, Young Lawyer of the handling cases through the Reduced office of President at the Annual Year and Committee of the Year. Fee and Bankruptcy programs. He JMeeting of the Westmoreland The recipients are as follows. donated an estimated 85 hours to the Bar Association held on Monday, Pro Bono Program last year. April 4, 2005, at Ferrante’s Lakeview According to Brian, Restaurant in Greensburg. Brian A. he was surprised by this A member of the WBA since unexpected honor. “It’s 1965, Jim is a Petroski quite special to get an founding partner of PRO BONO ATTORNEY award for the work you O’Connell and Silvis OF THE YEAR do,” he says, “especially in Greensburg. when that’s the last thing He is a graduate of rian A. Petroski, on your mind.” Brian’s Saint Vincent College an associate with secret of success is to “treat and Penn State’s Echard & Snyder your pro bono clients the B ▲ Dickinson School in Mount Pleasant, was same as you would any of Law. named Pro Bono Attorney Brian A. Petroski other clients.” Jim succeeds of the Year at this year’s There are two reasons ▲ Robert I. Johnston Annual Meeting. Brian is involved in the Pro Bono James R. Silvis and will serve a Pro Bono Coordinator Iva Munk Program: “First,” he says, “there is one-year term as President. says Brian has been invaluable to the definitely a significant segment of the program over the past year as an public that is in need of legal services, OTHER ELECTION RESULTS Attorney For A Day volunteer and in continued on page 4 James E. Whelton, Jr., was elected Vice President for the 2005–2006 term, and Donald J. Snyder, Jr., was chosen to fill the vacant Director seat on the board. Continuing to serve on Looking for a special way the board are President-Elect Rebecca A. Brammell, Directors Barbara J. to remember someone? Christner and James R. Antoniono, Past President Robert I. Johnston, Births ¥ Deaths ¥ Marriages ¥ Anniversaries Treasurer Milton V. Munk, Jr., Vice Making Partner ¥ Passing the Bar Treasurer L. Christian DeDiana and Secretary/Executive Director Diane ince 1991, the Westmoreland Bar Foundation has raised Krivoniak. thousands of dollars to assist the poor, disabled, elderly and Harry F. Smail, Jr., was elected Schildren in our community. Through the Memorial Program, you to serve a five-year term on the can honor a colleague or loved one with a contribution to the Membership Committee and Foundation. Your gift will help serve the needs of our own who have James A. Horchak was elected to nowhere else to turn for legal services. serve a five-year term on the Building If you would like to make a gift to the Foundation as Committee. a meaningful expression of respect, please make check payable to the Westmoreland Bar Foundation AWARDS GIVEN AT MEETING and mail to WBA Headquarters, 129 N. Pennsylvania Awards given at the meeting Ave., Greensburg, PA 15601. included the Pro Bono Attorney

the the sidebar is published as a service to Bar Association members by the Westmoreland Bar Association, sidebar 129 North Pennsylvania Avenue, Greensburg, PA 15601-2311, 724-834-6730, Fax 724-834-6855 David J. Millstein, Editor Beth Orbison, Associate Editor Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor Barbara J. Artuso, Practice Tips Editor 4 ¥ sidebar MARCHÐAPRIL 2005

Leaders Chosen, Awards Given continued from page 3

but simply can’t afford them. Second, I will do most any- accomplishment and was a great ending to my term as thing to help Iva Munk. She does a great job running the chair of the Young Lawyers Committee,” says Jim. “To me, Pro Bono Program and she’s a wonderful person to boot.” this award symbolizes an acknowledgment by my peers of Iva says the admiration is mutual: “Brian has an amazing my contributions to the WBA. In addition, I look forward ability to remain steady—even in difficult situations and to continuing to serve the WBA members in my capacity when unexpected problems arise. He is a reflection of what as member of the Investment Advisory, Building, Business is noble about a profession that often comes under attack Law, Bylaws and other committees.” for its lack of professionalism.” Jim was very surprised and totally unaware that he was being considered for the Young Lawyer of the Year award. He was equally surprised that his firm was able to keep the James A. secret from him for several days. His advice for other young lawyers is to participate and Horchak be active in the bar. “Attend the annual and quarterly WBA YOUNG LAWYER OF THE YEAR meetings and the Bench/Bar Conference. Join the Ned J. Nakles American Inn of Court and the various committees ames A. Horchak, an associate with of the WBA,” he says. QuatriniRaffertyGalloway in JGreensburg, was named Young Lawyer of the Year at the WBA Annual Lawyer ▲ Meeting held April 4, 2005. James A. Horchak The Young Lawyer of the Year Award Referral is given to the young lawyer who best exemplifies outstanding leadership and distinguished Service service to the legal profession and the community. COMMITTEE OF THE YEAR “Receiving this award has given me a sense of he Lawyer Referral Service Committee was awarded T Committee of the Year at this ▲ WBA Honored year’s Annual Meeting for more than two James E. Whelton, Jr. years of work to create the new and by CCBL improved LRS program that was rolled out this January. LRS Chair James E. Whelton, Jr., says he was truly honored to accept the award on behalf of the committee. “This was an exceptional group of people who worked very hard,” he says, “and I was pleased that their efforts were recognized.” According to Jim, the new Lawyer Referral Service was a difficult project with many competing interests at stake. But, the result is a Lawyer Referral Service which better serves the WBA’s participating members and the public. “With the launch of the new program in January and the incredibly positive reception from our members, receiving the award makes it all the more worthwhile,” says Jim. Jim says a number of other committees completed ▲ significant projects last year, any of which on their own The Westmoreland Bar Association received three recognition would have been sufficient to serve as a basis for receiving awards at the recent Conference of County Bar Leaders for the this award. “Although recent awards seemed to be based on Living Trust Community Education Seminar, the satellite Pro Bono a particular project or series of projects, I would remind all office in New Kensington, and the School Violence Avoidance committee chairs and members that all of our committees Community Seminar. Presenting the award to WBA President do important work,” he says. “The committees are the Robert I. Johnston (center) are CCBL President Samuel Miller backbone of the WBA and provide an essential service to (left), and PBA President Michael H. Reed (right). all our members.” MARCHÐAPRIL 2005 sidebar ¥ 5 Westmoreland County Medical Legal Code of Ethics Signed

commemorative signing ▲ On hand for the ceremony was held on signing were: A Tuesday, March 22, 2005, at (seated) the Westmoreland Bar Association Robert I. Johnston, headquarters to officially accept the President Judge Westmoreland County Medical Legal Daniel J. Code of Ethics. Leaders of the Ackerman and Westmoreland County Medical Westmoreland Society, the Westmoreland Bar County Medical Association, the Court of Common Society Past Pleas, the Ned J. Nakles Inns of Court President Dr. and the Westmoreland Academy of Donald Brown; Trial Lawyers were in attendance to add (standing) WCMS their signatures to the Code of Ethics, Director Dr. John Parker, WCMS which was created to define and pro- maintain the lines of commu- familiarize themselves with Executive Director mote mutually beneficial standards of nication necessary for effective the contents of this booklet. JoAnne Bergquist, conduct for both doctors and lawyers. advocacy on behalf of patients It is the hope of the Medical WBA Executive This event marks the common and clients. Society Board and the WBA Director Diane ground between both professions. Included in this issue of Board that this partnership Krivoniak, Barbara It is hoped that the interprofessional the sidebar is your copy of the will be the first of many Artuso and James code will foster civility between Code of Ethics. Members are more mutually beneficial R. Antoniono. physicians and attorneys and help asked to take a few minutes to projects. 6 ¥ sidebar MARCHÐAPRIL 2005 Pitt Law School Dean David J. Herring

by Patrice Wade DiPietro, Esq. Q HOW HAS TODAY’S LAW STUDENT CHANGED FROM WHEN YOU BEGAN TEACHING? n a recent interview, David J. Herring, Dean of the A University of Pittsburgh School of Law, graciously Law students today look a lot like the students from agreed to answer a few questions regarding his thoughts 15 years ago. The students at Pitt Law have always been I very committed to becoming legal professionals. This on law school and the legal profession. He also provided a remains true today. This is why I have enjoyed teaching little hometown information about a my clinic course here. The students take their role as legal recent endowment from a much-respected professionals very seriously, providing an outstanding level Westmoreland County attorney. of legal services to their clients. They really do want to David Herring has had quite an become lawyers and that desire makes it both challenging impressive career thus far. He became and exciting to interact with them in the classroom the Dean of the University of Pittsburgh Q School of Law in 1998, only 12 years after WHAT DO YOU SEE AS THE FUTURE OF THE PROFESSION? his own graduation from the University of Michigan School of Law. He began his A I don’t see any drastic changes in the fundamentals of career in 1986, teaching at the University the profession. Legal professionals will continue to provide of Chicago School of Law. He then spent valuable services to clients and to serve as creative problem- ▲ solvers. Of course, there will be continued growth in the use three years teaching at the University of Patrice Wade DiPietro of new technologies to deliver legal services. My hope is Michigan School of Law, and he joined the that, as a profession, we will find a way to serve middle class faculty at Pitt in 1990. In addition to serving as the Dean, individuals. We need to develop a model of legal service he teaches courses in legal process and constitutional law, delivery that is widely affordable. There are great unmet needs and conducts a seminar in child welfare law. for legal services and we need to address these needs.

Q SINCE YOU TOOK OVER AS DEAN, WHAT CHANGES HAVE BEEN MADE IN EDUCATING For complete STUDENTS, IF ANY, AND WHAT CHANGES WOULD YOU LIKE TO MAKE? insurance protection, A The biggest change has been the tremendous growth in practical skills training. We now offer many more clinical we’ve got you covered. and practicum courses that place students in the role of a practicing attorney. Another important change in law teaching is the use of new technologies. So much information is now or over 60 years, USI INSURANCE SERVICES has been available to bring the law to life for students in a dynamic and F meeting the needs of Pennsylvania lawyers. We can satisfy engaging way. This change has resulted in extremely rich your insurance requirements through the following programs: discussions of teaching methodologies and approaches. There is a great deal of experimentation occurring in our ❑ Medical Insurance classrooms. I would like to institute a “writing across the ❑ Employee Benefits For more details curriculum” program that would have students complete ❑ Disability Insurance or a quote on significant writing assignments within every course. I would coverage ❑ Term Life Insurance also like to see us develop a team learning approach to call today: ❑ Long Term Care legal education. It is important for legal professionals to work 724-873-8150 effectively in teams and we should introduce our students to ❑ Medicare Supplement 1-800-926-5287 this aspect of professional life. ❑ Professional Liability www.colburn.com ❑ Fidelity and Surety Bonds Q CHRIST. C. WALTHOUR, JR., A MEMBER OF THE WESTMORELAND BAR ASSOCIATION UNTIL HIS DEATH IN 2003, LEFT A SIZABLE TESTAMENTARY BEQUEST TO THE LAW SCHOOL. IS THE DONATION EARMARKED FOR ANY NEW PROJECTS OR IMPROVEMENTS TO THE LAW SCHOOL? 333 Technology Drive, Suite 255, Canonsburg, PA 15317 A Mr. Walthour’s generosity has already had a significant impact on the school. His gift has allowed us to create two MARCHÐAPRIL 2005 sidebar ¥ 7 endowed faculty chairs that will provide support for two A of our most respected and noteworthy teacher scholars. Professor W. Edward Sell did teach a course on Law Professor Welsh White and Professor Arthur Hellman will be Office Management that developed the skills you list. His able to increase their research and teaching activities as the unfortunate death last August has presented the School result of this financial support. Mr. Walthour’s gift will also with many challenges, the loss of this course being one of support various student programs such as moot court them. We miss Ed deeply and we are trying to replace competitions and public lectures. We are important courses that he taught, this all very grateful for the legacy established being one of them. Hopefully, we will by Mr. Walthour at the School of Law. offer this course in the future. However, it should be noted, that students in the Q MANY SENIOR LAWYERS clinics do have opportunities to develop BEMOAN THE FACT THAT LAW these types of skills. SCHOOL STUDENTS DON’T HAVE ENOUGH HANDS-ON PRACTICAL Q WHAT SURPRISES YOU MOST TRAINING. HOW IS THAT BEING EACH YEAR ABOUT THE INCOMING ADDRESSED AT PITT? CLASS OF LAW STUDENTS? A Pitt Law has increased the number A I am surprised at the continual of clinic courses and practicum courses in increases in both quality and diversity. order to provide students with multiple The objective measures of student opportunities to gain hands-on lawyering quality rise year after year and the faculty experiences. Students in these courses notice it in the classroom. We can delve provide legal services to actual clients ▲ deeper into complex legal issues and and reflect on their experiences in rigorous University of Pittsburgh Law School have very rich discussions. The increase classroom discussions. Our goal is to instill Dean David J. Herring in diversity also enhances classroom a model of reflective lawyering that students discussions in important ways. I know will carry into their professional careers. that I have learned a great deal from hearing new perspectives on legal issues that only arise Q ARE THERE ANY CLASSES OR PROGRAMS AT within a diverse student body. All of our students benefit PITT THAT GIVE STUDENTS THE NECESSARY SKILLS from this diverse learning environment. TO RUN A LAW PRACTICE (HIRING STAFF, BILLING, FEE AGREEMENTS, ETC.)? continued on page 10 8 ¥ sidebar MARCHÐAPRIL 2005

Inn of Court Celebrates 10 Years continued from page 1

The explanation, I think, is that to remind ourselves that the harmony community, are the products of so many joined the Inn because we and goodwill we enjoy in our relations, that idea. needed the Inn. More precisely, we the excellence of our lawyering, and We’d love to have you join us to needed to be a part the relative esteem we enjoy in our celebrate 10 good years and a great idea. of something that held out the promise, The objectives of this American Inn of Court are as follows: that had as its object, 1. To establish a society of judges, lawyers, legal educators, law students and the reversal of the others, to promote excellence in legal advocacy in accordance with the downward spiral in Professional Creed of the American Inns of Court; which many saw the 2. To foster greater understanding of and appreciation for the adversary system profession. It is a of dispute resolution in American law, with particular emphasis on ethics, simple and profound civility, professionalism and legal skills; notion that we don’t 3. To provide significant educational experiences that will improve and enhance ▲ the abilities of lawyers as counselors and advocates and of judges as have to be victims, adjudicators and judicial administrators; The Inn of Court was that we can make 4. To promote interaction and collegiality among all legal professionals in order named in honor of things better. to minimize misapprehensions, misconceptions and failures of communication founding member Ned Sometimes all it takes that obstruct the effective practice of law; J. Nakles, Sr., in 2000. is to see how. 5. To facilitate the development of law students, recent law school graduates, I can fairly say that and less experienced lawyers as skilled participants in the American court system; Judge Ackerman and Judge Hudock, 6. To preserve and transmit ethical values from one generation of legal Dick, Ned and I each believed in the professionals to the next; and possibility of change. We had no idea 7. To build upon the genius and strengths of the common law and the English so many others did as well. We cele- Inns of Court and to renew and inspire joy and zest in legal advocacy as a brate the ten years we have pursued service worthy of constant effort and learning. this idea, not to flatter ourselves, but

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technology update Safe(r) Computing by Chris Haidze, Esq. security patches for Windows XP system and the internet. It will also and its internet tools. It also includes stop programs on your computer ost, if not all of us, have auto-update which will automatically from accessing the web without your computers at home and the contact Microsoft and download express authorization. Windows XP Moffice. Being the geek that security patches as they are released. comes with a firewall that will auto- I am, people often ask me questions If you do not have a virus program, matically be enabled upon installation about security on their computers. you will be warned by Windows to of Service Pack 2. Otherwise, there is Most problems with computers today install one. If your virus program is a good free program involve viruses, hackers, spyware and out of date, Windows will warn you at www.zonelabs.com. adware. Therefore, this article will to update the virus definitions. You It is called Zone address security for the home can download a free anti-virus Alarm. Be sure to computer, and applies primarily to program at www.grisoft.com. It is download the free people with broadband at home called AVG Anti-Virus. One of the version of Zone (DSL or cable internet access). If best commercial anti-virus programs Alarm as opposed to you have a network at the office, your is NOD32 available at www.eset.com. Zone Alarm Plus or network administrator should handle It costs $39 and includes one year of Pro. Your firewall the security issues there. free updates. It is a very small and will often ask you if a First, I have learned from my less intrusive program compared program is permitted ▲ experience that a PC (i.e., Windows to Norton Anti-Virus or McAfee, to access the internet. Chris Haidze computer) is better for work and a which are generally considered to If you get a message Mac (Apple) is better for use at be resource hogs. saying that a particular program wants home. Macs are great for the home Additionally, Service Pack 2 to access the web, you can allow it or user interested in browsing the web, will ensure that you have a software forbid it. Of course, if it’s a program e-mail, working with pictures, video firewall running. A software firewall you want to access the web, you and music, document creation and is a program that will stop (or signifi- would allow it. If not, or if you are general computing. They are easy to cantly reduce) unauthorized access to not sure, you would forbid access to use. Since there are so few Mac users your computer from the web. The that program. (about 7% of computer users), there program creates a “wall” between your continued on page 10 are almost no viruses, hacking or spyware to worry about. Of course, that may change if more people use Macs. However, even if Macs are attacked, NOBLE MEDIATION GROUP the operating system has some DISPUTE RESOLUTION SERVICES built-in safeguards that help protect it. And if Dan Joseph can take photos JOHN M. NOBLE,ESQ. and videos and make great DVD Mediation • Arbitration presentations, well, then anyone can. Medical Malpractice Mediation Unless you use applications that are Windows-only, you should at least do MARGARET A.TREMBA,ESQ. yourself the favor of looking into a Custody and Divorce Mediation Mac. Most things that are done on a Banking and Commercial Mediation PC can also be done on a Mac. CHARLES W. JELLEY,ESQ. Microsoft even has a version of Office School and Employment Law Mediation (Word, Excel, PowerPoint and e-mail) Divorce Mediation made for the Mac. Nonetheless, even a JOHN M.NOBLE,ESQ. Mac is not absolutely safe and secure. (724) 853-2296 One of the first security steps to FAX: (724) 836-0532 consider, if you have Windows XP, is [email protected] MEYER•DARRAGH•BUCKLER•BEBENEK &ECK ATTORNEYS AT LAW updating to Service Pack 2. It includes GREENSBURG OFFICE: 114 SOUTH MAIN STREET, GREENSBURG, PA 15601 10 ¥ sidebar MARCHÐAPRIL 2005

technology Safe(r) Computing continued from page 9 update installed on your computer while you installing and running AdAware, are browsing the web. The spyware available at www.lavasoft.com and tracks where you go on the web and Spybot Search and Destroy at If you have cable or DSL, you sends that data as well as personal data www.safer-networking.org. All three should have a router of some sort. The stored on your computer to whomever can run just fine on your computer at router takes your internet signal and had the program installed on your the same time. allows multiple computers to share computer. It is easy for spyware to Finally, you should limit your use one connection. A router provides find its way onto your system without of Internet Explorer as a web browser. a hardware data packet inspection your knowledge. One of the most popular and easy- solution. A router acts as a firewall by In addition, spyware on your system to-use browsers available is Firefox. its very nature. It will look at incoming uses computer resources and can Firefox can be downloaded for free at data, check to see which computer seriously slow down your computer’s www.mozilla.org. Firefox is a small asked for it, and send it to the right operation. Microsoft has finally joined download. The benefit of Firefox is computer. If it was not requested, the the fight to protect its own operating that it is not as powerful as Internet data is disregarded. However, the system by purchasing a company Explorer. Internet Explorer has many router does not stop data from going called Giant. Giant made anti-spyware built-in features including ActiveX out, which is why some experts software that Microsoft is giving away. controls. ActiveX controls are basically recommend a software firewall as well. The software can be downloaded at little programs that run in the Another piece of software you www.microsoft.com. There is usually browser. For instance, Microsoft uses should have is anti-spyware. Actually, a link on the home page. The software Internet Explorer as a way to update it is not unusual to run three programs constantly updates to make sure Windows. Click “Tools,” then to prevent and remove spyware. you have the latest spyware protection “Update” from your Internet Explorer Spyware, in short, is software that is available. You should also consider toolbar on the top of the browser and you will see what I mean. The Windows Update website will scan your computer and install updates Dean David J. Herring that you need or request. While this continued from page 7 is a great reason to keep Internet Explorer on your computer, hackers Q classroom discussions. For first-year can use this feature to compromise IN YOUR OPINION, WHAT attorneys, my advice is to remain open your system. Firefox does not have ARE THE MOST COMMON to new opportunities as you proceed MISCONCEPTIONS INCOMING this problem. Additionally, very few with your career. The primary value of pop-up ads affect Firefox. Most are STUDENTS HAVE ABOUT THE a law degree is that it only opens PRACTICE OF LAW? doors. To realize this value, beginning written for Internet Explorer. A Most students think that they are lawyers need to remain open to As far as e-mail is concerned, check going to learn the rules of law. They changes in course that present out the Thunderbird e-mail program are surprised when the law is full of exciting opportunities. If they adopt at the Mozilla website. It is easy to uncertainties and complexities. At first, this approach and attitude of use, imports all of your Outlook or this is quite discomforting, but most professional adventure it is likely Outlook Express settings and has great struggle through this discomfort and to lead to great adventures and junk mail filtering built in. The most significant impact. benefit from the experience. important rule for e-mails is simply do not open attachments in e-mail from Q WHAT ADVICE WOULD Q WHAT FACET OF PITT LAW YOU GIVE TO A FIRST-YEAR ARE YOU MOST PROUD OF? sources you don’t know. That is the LAW STUDENT? FIRST-YEAR number one way viruses are spread. A I am most proud of our strong ATTORNEY? Hopefully, you can put this academic reputation. We have a A For first-year law students, I highly productive faculty. My colleagues information to good use. Most, if regularly advise them to learn from are thought of as leaders in their not all, of these issues are avoided each other. The best way to learn respective fields. They make the by using a Mac. However, for those the law is to explore ideas and issues Law School a dynamic community reluctant or unable to make such a with student colleagues, struggling of legal scholars and teachers— change, these tips should help keep to understand concepts introduced one that presents a rich intellectual your home computer running safely through reading assignments and environment for all its members. and smoothly. MARCHÐAPRIL 2005 sidebar ¥ 11 To-Wit: Ooops! by S. Sponte, Esq. shove, there remains nothing quite so called her terrifying to the average citizen than two months ou’d think after 35 years of the threat of an involuntary discon- later and practicing the law, I’d know nection from one’s automobile. demanded she Y better, wouldn’t you? Yeah, “Tell me what’s going on,” I said, as return the car. It well, I apparently didn’t, and instead I if I hadn’t heard this story a gazillion was only then she made the biggest mistake a lawyer can times before, and she did. But con- learned her credit make, short of missing a statute or trary to my expectations, this client had never been representing a family member. So now was ready, willing and able to make approved, that her credit application here I sit, wondering how’s come I the payments she had agreed to make had not even been processed until a didn’t know better. when she purchased the car. When month later, by which time her Like most kinds of client matters, she left the dealership with the car, mother had become critically ill and this one started with a simple phone she thought her financing had been she had had to quit her job to attend call. “Can you please help me?” a arranged, but that was her own fault, to her parent. Of course without young female voice said. “They’re really. She had no business drawing employment she had been declined going to take my car away.” such a conclusion from the fact that credit and now the dealership wanted Now if there is any sentence in the dealership had said her credit had the car back. the English language that strikes more been approved, and she certainly I scheduled an appointment for terror into the hearts of clients than should have been wary when she her some four or five days hence, that, I haven’t heard it. “You’re under received her new title to the vehicle and thought nothing more about it arrest” may come close, followed some weeks later from the state. until she called me the next day to perhaps by the far more common Yet despite such obvious red tell me the dealership had called “Have you been fooling around with flags, she didn’t have a clue there again, threatening immediate my wife?” But when push comes to was a problem until the dealership continued on page 12 12 ¥ sidebar MARCHÐAPRIL 2005

To-Wit: Ooops! continued from page 11 repossession. I promised I would call resolved her problem, and, oh sure, it only if her failure to return the car the dealership to see what I could do. was a great and relatively inexpensive carried with it, say, a sentence of It wasn’t hard. I know something of result, but I erroneously thought she death. As it was, the services had little the car business and after a few heated would have been grateful. Silly me, value to her even though the result exchanges with an obviously chagrined huh? Who knew she would revert to could not have been better. sales manager, I had the problem fixed. typical clienthood so soon? Ah, but this time the God of the At my insistence, the dealership then Law smiled upon me. A few days arranged recourse financing for her, later I got a call from a colleague i.e., it agreed to be responsible for the Well, her problem and friend who advised he was debt if she defaulted. A lender had was solved. Mine, representing her against my claim. readily agreed to those terms, and the He knew the story, he had received a problem was solved. however, was just $200 retainer, smart man, and he Well, her problem was solved. beginning. offered to split it with me if that Mine, however, was just beginning. would solve the problem. “What do you mean I owe you It did. I got paid, he got paid, money?” she complained over the It was my fault; I made it look too and the client only had to spend twice phone when she got my bill. “I never easy. I know that if a client perceives the price to do it. There’s a kind of really hired you. Besides, you only the matter as small, trivial, easily bittersweet justice here, there really is, made a phone call or two.” remedied, they are far more likely to and a lesson to boot. But perhaps And that’s when I realized that I be unhappy with a bill for a successful most importantly there’s a check here, had done a really really really stupid result than if they comprehend too, and sometimes that’s the sweetest thing. In my haste to relieve this client that the matter is serious, complex, justice of all. of her quiet desperation, I had done difficult. My client would have © 2005, S. Sponte, Esq. the work before working out our been far happier with my successful Can’t get enough Sponte? More articles financial arrangement. Oh sure, I had representation and its concomitant bill are online at www.funnylawyer.com. APRIL 1, 2005 sidebar ¥ 13 Spotlight on Harvey Weatherwax, Esquire

Q WHAT JOBS HAVE YOU HAD Q WHO ARE THE HEROES IN Q WHAT PRIOR TO BECOMING A LAWYER? YOUR LIFE? TALENT WOULD YOU A Well, I assume you don’t want A I once started the biography of MOST LIKE me to count that 111/2–23 month Torquemada. I didn’t get past the TO HAVE? stint I did making license plates. Let’s first 50 pages but I can tell you this, A You mean besides longing to see now, after high school I spent a the guy had guts. be double jointed? I wish I could few years, 14 actually, trying to find Q understand those pesky Supreme myself. Damn near lost my eyesight. WHAT ADVICE WOULD YOU GIVE ATTORNEYS NEW TO THE Court decisions. I mean, come on, Then I tried my hand at other things, PRACTICE OF LAW? no one talks like that. bricklaying, scrapbooking instructor, A business manager for punk band Always listen to your elders. Q WHAT IS YOUR GREATEST “Upyurz,” but it was all too much like EXTRAVAGANCE? Q WHAT DO YOU CONSIDER work to suit me. YOUR GREATEST ACHIEVEMENT? A Waxed paper. Oh, oh, the things Q WHICH WAS YOUR FAVORITE, A Figuring out how to use the you can do with it boggle the mind. AND WHY? spellchecker. Q WHAT DO YOU MOST VALUE A Oh, by far I liked breeding IN YOUR FRIENDS? Q WHAT IS YOUR IDEA OF horses the best. PERFECT HAPPINESS? A Generosity, coupled with a poor Q WHAT WAS THE FUNNIEST A There’s this woman in Hunker memory. THING THAT EVER HAPPENED TO who can ... well, you know. YOU AS A LAWYER? Q WHICH LIVING PERSON DO Q YOU MOST ADMIRE? A In my first criminal law trial, I WHAT IS YOUR MOST TREASURED POSSESSION? A forgot the difference between “guilty” There’s this woman in Hunker and “not guilty.” When I finally A My reputation. who can ... figured it out, my client was already Q Q WHAT IS YOUR MOTTO? up the river. I laughed so hard. WHAT DO YOU MOST DISLIKE? A A Those damned Canons of Ethics. Carpe diem, which, translated Q WHAT IS THE QUALITY YOU from the Latin means “eat fish every MOST LIKE IN AN ATTORNEY? Come on, get real, how’s a guy supposed to make a decent living? day.” I don’t really know what it A Agreeing with me. means, but I sure do like that tuna.

Q WHAT IS YOUR FAVORITE JOURNEY? Lawyers’ Exchange* A There’s this woman in Hunker who can ... well, let’s just say it’s a (*Free to all members of the WBA) trip I truly relish.

Q WHAT IS YOUR RETIRED BOARD-CERTIFIED GENERAL SURGEON available for part-time/full-time GREATEST REGRET? employment doing case evaluations for law firm (no expert witness work). Call 412-271-6411. A Oh, you know, lying to my AVAILABLE: Prime professional office location in the heart of the business corridor clients. But if I of William Penn Highway in Murrysville, PA. Either separate office complex or office didn’t do that sharing with conference room and secretarial space availability. Please call Sherry at from time to 724-733-4666. time, they’d turn SUITE OF OFFICES FOR RENT IN GREENSBURG Suite of offices available for rent me in for sure. across from the Courthouse with public metered parking behind the building. This is a smoke free building. Please call 724-834-2102 for additional information. 14 ¥ sidebar MARCHÐAPRIL 2005

January/February 2005 Trial Term Jury Trial Verdicts by Rachel Huss, Esq.

f 60 cases listed for the decedent was having gurgling MARY KAY BEITER AND ROBERT January/February 2005 Civil respirations and was transferred to the N. BEITER, HER HUSBAND Jury Trial Term, 17 settled, critical care unit. A CT scan revealed a V. O MARY ANN BERQUIST, 1 was stricken, 1 was dismissed, large, acute subdural hematoma and 1 was discontinued, 21 were continued, skull fracture. Decedent was then EXECUTRIX OF THE ESTATE OF 1 was transferred to American transferred to West Penn Hospital OLDRECK W. SIGUT, A/K/A Arbitration Association, 1 moved to where he underwent an emergency OLDRECK WALTER SIGUT mediation, 1 will be craniotomy. On March 13, 1997, NO. 7589 OF 2000 a binding summary decedent died as a result of Cause of Action: Negligence— jury trial, 1 was cardiopulmonary arrest, which Premises Liability—Arbitration Appeal Plaintiff alleged was caused by the stayed, 9 verdicts were Ms. Berquist was the executrix of subdural hematoma. entered and 6 cases her late father’s estate and had placed Defendant-Hospital denied all were held to the next her father’s property located at 438 allegations of negligence and proximate term. The 7 cases Pinewood Road, Sewickley, Allegheny causation. Hospital maintained it upon which juries County, on the market for sale. On was a “restraint-free” facility where deliberated are February 9, 1999, at approximately physical restraint of patients was used reported below. 12:30 p.m., Ms. Berquist was showing only as a last resort upon the order Plaintiffs the property as prospective of a physician, and no orders were PATRICIA KUCHNA, MARY ANN buyers. As Wife-Plaintiff exited the received prior to the occasion where PEDDER AND FRANCES ROSS, residence onto the exterior porch, she decedent was found on the floor. EXECUTRICES OF THE ESTATE slipped and fell on a slippery, mold Physician asserted that the medical OF THEODORE NOVAK substance on the concrete steps. care, diagnosis and treatment provided V. Plaintiff argued that Defendant to decedent were appropriate and in JEANNETTE DISTRICT performed no inspection of the area accord with accepted standards of MEMORIAL HOSPITAL AND before she placed the house for sale care. The physician maintained that KEVIN M. WONG, M.D. and should have known of the decedent had no apparent signs of NO. 7210 OF 1998 dangerous condition of the steps. injury when found on the floor, and Cause of Action: Professional Plaintiff claimed chronic cervical and that he ordered physical restraints at Negligence—Medical Malpractice— left shoulder strain; injury to her spine, that time. Physician asserted the Wrongful Death—Survival both shoulders, breast, right knee, left affirmative defenses of assumption of hand, left thigh, head (resulting in This medical malpractice action arose the risk and comparative/contributory blurred vision) and ribs; and severe from Defendants’ alleged failure to negligence. and persistent headaches. Husband- restrain Plaintiff’s decedent, Theodore Plaintiffs’ Counsel: Charles A. Plaintiff claimed loss of consortium. Novak, while he was a patient in the Frankovic, Pribanic & Pribanic, Defendant denied all allegations of Defendant-Hospital, which resulted in L.L.C., Pgh. negligence and asserted the affirmative him sustaining multiple falls. Plaintiff Defendant-Hospital’s Counsel: defenses of contributory/comparative also alleged that Defendants failed to Stephen M. Houghton, Dickie, negligence and assumption of the risk. timely diagnose and treat the resulting McCamey & Chilcote, P.C., Pgh. Defendant argued that there was no subdural hematoma, which led to the Defendant-Physician’s Counsel: decedent’s death. Decedent presented Robert W. Murdoch, Rawle & to the hospital on December 28, Henderson LLP, Pgh. 1996, for alcohol withdrawal Trial Judge: The Hon. William J. The 12-step recovery meeting, syndrome. Defendant-Physician Ober exclusively for lawyers and was his family doctor and attending Result: Verdict in favor of Plaintiff judges, is in downtown physician. After finding decedent and against Hospital in the amount of Pittsburgh every Thursday lying on the floor on his back on $99,315.92 (for medical and other at 5:15 p.m. For the exact the evening of December 31, 1996, related expenses; no amount awarded location, call Pennsylvania Defendants placed him in a chest Lawyers Concerned for for non-economic loss). Jury found Lawyers at 1-800-335-2572. restraint. On January 1, 1997, the physician was not negligent. MARCHÐAPRIL 2005 sidebar ¥ 15 clear identification of the substance to detect and repair an ano-vaginal Defendant contended that she that allegedly caused Plaintiff to fall. fistula. The Wife-Plaintiff was under exercised proper care and treatment Additionally, Defendant contended the prenatal care of Defendant, who in accordance with accepted medical that the presence of mold on exterior specialized in obstetrics and gynecology. practices with respect to the steps in February did not constitute On November 19, 2000, Defendant circumstances presented in this case. negligence. admitted Plaintiff to Westmoreland Defendant presented expert testimony Plaintiffs’ Counsel: Richard C. Levine, Regional Hospital for a scheduled that Defendant did not misplace Ainsman, Levine & Drexler, LLC, Pgh. induction for delivery of the baby. a suture; the standard of care does Defendant’s Counsel: Christopher M. During the labor, Defendant not require a rectal examination be Fleming, Jacobs & Associates, Gbg. performed an episiotomy and Plaintiff performed in every case; and, that Trial Judge: The Hon. Gary P. sustained a tear of the tissue between the fistula was caused by the birth of a Caruso the vagina and the bowel. Plaintiff large baby. Defendant argued that the Result: Molded verdict in favor of subsequently developed an birth of a large baby caused trauma Defendant. The jury assigned 40% ano-vaginal fistula, caused by to and weakened the tissues which causal negligence to Defendant and Defendant misplacing a suture eventually resulted in the fistula, i.e., 60% contributory negligence to through the tissue between the anus a spontaneous break in the area. Plaintiff. and vagina upon repair of the tear. Plaintiffs’ Counsel: Richard H. This action stemmed from the failure Galloway, QuatriniRaffertyGalloway, MARJORIE L. WICKER, AN of Defendant to perform a post-repair Gbg; David J. Millstein and Jacquelyn INDIVIDUAL, AND JAMES R. rectal examination that would have A. Knupp, Millstein & Knupp, WICKER, HER HUSBAND disclosed the suture and provided an Youngwood V. opportunity for its removal prior to Defendant’s Counsel: Edward D. CHITRINEE SACHUKUL, M.D. the onset of complications. As a result, Klym, Edward D. Klym & Associates, NO. 4484 OF 2002 Plaintiff experienced the passing of gas Pgh. and fecal matter from her vagina, suf- Trial Judge: The Hon. Daniel J. Cause of Action: Professional fered an infection of the ano-vaginal Ackerman, President Judge Negligence—Medical Malpractice wall and underwent four surgical pro- Result: Verdict in favor of This action arose from the alleged cedures to repair the fistula. Husband- Defendant. negligence of Defendant in failing Plaintiff claimed loss of consortium. continued on page 16

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Jury Trial Verdicts continued from page 15

DONNA LIS, ADMINISTRATRIX OF 20, 2001, the nursing staff found should have been utilized. THE ESTATE OF LOIS WILSON, decedent on the floor in the doorway The hospital denied all allegations DECEASED of her hospital room; her head was of negligence and proximate causation V. bleeding and she had a laceration to contained in Plaintiff’s complaint. FRICK HOSPITAL, A her left temple. At 1:50 a.m., the The hospital asserted that the partial PENNSYLVANIA CORPORATION, nursing staff paged Defendant- fall precautions instituted were AND SIVARAMA K. GUNTUR, M.D. Physician. At approximately 2:00 sufficient and full precautions were NO. 4625 OF 2001 a.m., decedent became unresponsive not necessary because the decedent Cause of Action: Professional and the physician was paged again. had not previously wandered. The Negligence—Medical Malpractice— Tests were ordered and decedent was physician denied all allegations of Wrongful Death—Survival transferred to the intensive care unit. negligence and asserted that he had At 5:00 a.m., she was transported to ordered that decedent’s activity be This medical malpractice action stems Presbyterian University Hospital and limited to “out of bed to the from the alleged failure of Defendants diagnosed with a very large subdural bathroom with assistance only.” to adequately assess Plaintiff’s hematoma. Decedent passed away at The physician argued that fall decedent, Lois Wilson, as being a approximately 12:40 p.m. on January assessment and precautions were high fall risk and failed to initiate fall- 21, 2001. Plaintiff argued that full the responsibility of the nursing staff prevention methods as mandated by fall-prevention methods should and that he was not advised of some the Defendant-Hospital’s policy. On have been used because decedent of the changes in the decedent’s January 17, 2001, decedent was was extremely high risk, as assessed condition. admitted to the hospital with a by the hospital’s own fall risk and Plaintiff’s Counsel: Harry S. Cohen diagnosis of Coumadin overdose and assessment policy. Plaintiff contended and David J. Lozier, Harry S. Cohen to rule out a stroke. Plaintiff, age 75, that the minimum precautions of & Associates, Pgh. exhibited symptoms of lightheadedness, two side bed rails and tape were Defendant-Hospital’s Counsel: John confusion and an unsteady gait. At inadequate when the policy provided K. Heisey, Thomson, Rhodes & approximately 1:45 a.m. on January that all bed rails as well as a bed alarm Cowie, P.C., Pgh.

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CLIENT OPENINGS AVAILABLE IN THE RIP/ATS PROGRAM FOR LEVEL 3 & 4 OFFENDERS

As a result of full state funding being reinstated to the Restrictive Intermediate Punishment/Alternative Treatment Services (RIP/ATS) program, the client capacity has been increased from 20 clients to a 30 client caseload. At this point in time the RIP/ATS Program is operating at full client capacity and immediate client openings exist for eligible Level 3 & 4 offenders. The RIP/ATS Program is a partial level of care which provides clients with 30 hours of intense substance abuse treatment services per week over a 14 week time period. Daily client transportation, both to and from services, is provided by the program. If you would like to refer an individual to the RIP/ATS Program or if you have any questions about the program, please contact either Louisa Wotus at 724- 830-3482 or Bill Shifko at 724-830-3448, the RIP/ATS probation officers. MARCHÐAPRIL 2005 sidebar ¥ 17

Defendant-Physician’s Counsel: Mark negligence. Wife-Plaintiff in the amount of R. Hamilton and Susan A. Kostkas, Plaintiffs’ Counsel: Lawrence D. $5,500.00 for compensation of Rawle & Henderson, LLP, Pgh. Kerr and Michael E. DeMatt, Berk, economic damages. On the issue Trial Judge: The Hon. Gary P. Whitehead, Kerr & Turin, P.C., Gbg. of non-economic damages, the jury Caruso Defendant’s Counsel: Bernard P. found in favor of Defendant. Result: Molded verdict in favor of Matthews, Jr., Meyer, Darragh, Defendants. Jury found that neither Buckler, Bebenek & Eck, P.L.L.C., PATRICIA LANDER Defendant was negligent. Gbg. V. Trial Judge: The Hon. Gary P. MARY KOLESAR DOUGLAS R. CLAIR AND Caruso NO. 2599 OF 2002 SHIRLEE CLAIR, HIS WIFE Result: Molded verdict in favor of Cause of Action: Negligence— V. Defendant. Jury found Defendant Motor Vehicle Accident DARYL R. CLAIR not negligent. NO. 7220 OF 2002 On April 5, 2001, Plaintiff was CAROL L. STANNARD AND operating her vehicle on Herminie- Cause of Action: Negligence— Madison Road in Westmoreland Premises Liability MIKE STANNARD V. County. Defendant was pulling out of This lawsuit arises from Husband- CARMEN ANTONIO her driveway onto Herminie-Madison Plaintiff’s fall of 10 to 12 feet from NO. 6979 OF 2002 Road. Although Plaintiff swerved to the Defendant’s steel ladder on June avoid hitting Defendant, Defendant’s 24, 2001. Husband-Plaintiff and Cause of Action: Negligence— vehicle struck the front end of Defendant are brothers. Plaintiff Motor Vehicle Accident Plaintiff’s vehicle. Plaintiff sustained averred that Defendant had asked This motor vehicle accident occurred injuries to her neck and upper back, Plaintiff to assist him in waterproofing on August 24, 2001, at approximately cervical somatic dysfunction, Defendant’s new log home, specifically, 11:45 a.m., in South Greensburg, myofascial pain syndrome, and spraying and hand-painting the roof Westmoreland County. Wife-Plaintiff acute-moderate thoracic sprain/strain. with water-sealant. On the above date, was stopped at a red light at the Plaintiff had selected the full tort Plaintiff was assisting Defendant in intersection of Route 119 and Huff option of automobile insurance waterproofing the face board of the Avenue when she was rear-ended by coverage. roof. While beginning to ascend the Defendant. Plaintiff sustained cervical The parties stipulated to negligence ladder by himself, the ladder gave way bulging discs, cervical strains/sprains and liability on the part of Defendant and Plaintiff fell to the ground on his and a right rotator cuff tear. Plaintiff for the collision. Defendant argued back. Plaintiff sustained a broken back had selected limited tort automobile that Plaintiff, at most, received a and had to wear a solid body cast. insurance coverage but asserted that cervical strain as a result of the Plaintiff contended that Defendant she sustained a serious injury, which accident. Defendant contended that had a duty to protect Plaintiff from entitled her to recovery of non- the neurosurgery performed on foreseeable harm as an invitee, or economic damages. Husband-Plaintiff Plaintiff almost two years after business visitor, on Defendant’s claimed loss of consortium. the accident was unrelated to the property. Plaintiff alleged that he Defendant admitted negligence automobile accident of April 5, 2001. worked at the direction and control in causing the accident, but argued Plaintiff’s Counsel: David C. of Defendant. Wife-Plaintiff claimed Plaintiff did not sustain a serious Martin, Jr., Martin & Lerda, Pgh. loss of consortium. injury as defined by the Pennsylvania Defendant’s Counsel: Scott O. Defendant denied negligence and Motor Vehicle Financial Responsibility Mears, Jr., Mears, Smith, Houser & averred that he had asked only that Law. Consequently, Defendant Boyle, P.C., Gbg. Plaintiff hold and position the ladder maintained that Plaintiff was not Trial Judge: The Hon. William J. during the joint project. Defendant entitled to the recovery of Ober contended that Plaintiff ascended non-economic damages. Result: Verdict in favor of Plaintiff the ladder by his own volition at the Plaintiffs’ Counsel: Richard C. in the amount of $1,000.00. time of the accident and declined the Levine, Ainsman, Levine & Drexler, assistance of Defendant when offered. LLC, Pgh. Defendant denied that Plaintiff was Defendant’s Counsel: Joseph A. an invitee and alleged that Plaintiff Hudock, Jr., Summers, McDonnell, LawSpeak and Defendant jointly agreed to Walsh & Skeel, L.L.P., Pgh. “The illegal we do immediately. work together in a voluntary way. Trial Judge: The Hon. Daniel J. The unconstitutional takes a Defendant raised the affirmative Ackerman, President Judge little longer.” defenses of assumption of the risk and Result: By consent of the — Henry Kissinger Plaintiff’s comparative/contributory parties, verdict entered in favor of 18 ¥ sidebar MARCHÐAPRIL 2005 Candid Camera: St. Paddy’s Party On The Move ... In May, TOM CERASO is moving his office to 2300 Freeport Road, Suite 7, New Kensington, PA 15068. HOLLY GARLAND and ROBERT WM. GARLAND have moved Garland Law Offices to 101 West Pittsburgh Street, Greensburg, PA 15601. ▲ DAVID K. LUCAS has “Damn, it’s only green water!” relocated to 140 South Main ▲ Street, Suite 301, Greensburg, “I know we’re all wearing name PA 15601. His phone and fax tags, Judge, but why does yours numbers remain the same. have your phone number, too?” JOHN M. RANKER has moved to 140 South Main Street, Suite 301, Greensburg, PA 15601. His phone and fax numbers remain the same. GEORGE I. TROUT has moved to 35 West Pittsburgh Street, Suite 112, Greensburg, PA 15601; 724.424.2957; ▲ ▲ fax 724.423.3050; e-mail “You’re right, Jim, it does sound “No, Irv, I wasn’t telling a joke about [email protected]. an awful lot like Daffy Duck.” an old Jew, I was merely saying hello.”

elebrate Law Day 2005 with the C Westmoreland Bar Association and the Pennsylvania Bar Association by visiting a school! The theme for this year’s celebration is “Free to Make a Difference.” As Americans, we are free to speak, free to think, free to be ... free. By voting, going to school, volunteering and working, we all have the ability, opportunity and freedom to truly make a difference. Please help students learn how they can make a difference in our country. A free, easy-to-use lesson plan guide covering all grade levels is available for lawyers, judges and schools. For more information or to register for Law Day and receive the new, FREE K-12 Law Day Lesson Plan Guide, visit the PBA Web site at www.pabar.org or call the toll-free Law Day hotline at 1-877-329-7621. MARCHÐAPRIL 2005 sidebar ¥ 19 bookmark What Have You Been Reading? by Michael Pacek, Esq. families, struggling to be the boss them for life ... but not if the CIA of all bosses and exacting vengeance Director has anything to say about it. here is nothing like a good and retribution when circumstances Another book of Grisham’s that I story. Over the years, I have dictate. Greed, love, murder, and strongly endorse is “A Time to Kill.” read quite a number of good corruption are but a few of the THE POET ❖ by Michael Connelly T ❖ books from different genres, but ingredients that make this masterful Hailed by many as one of below are a few that I consider gems. work a compelling read from the first Connelly’s best, this thriller is Not all would be considered classics, page to the last. about a newspaper reporter who but suffice it to say, MURDER MACHINE ❖ by Gene refuses to believe his brother, a I thoroughly enjoyed Mustain and MAFIA DYNASTY ❖ by homicide detective, killed himself. He reading them, and, John H. Davis ❖ Not for the faint- goes on to investigate other purported thus, I whole-heartedly hearted, these two books depict the suicides in the country where a recommend for others realities of organized crime and relate common theme emerges—verses from to consider for their the true-life stories of the members of works of Edgar Allan Poe are left at reading pleasure. the Gambino crime family where the crime scenes. Suspenseful and illicit activities, graft, power, torture, provocative, this book will have you THE VICAR OF and a total disregard for any authority frequently glancing over your shoulder CHRIST ❖ by Walter comprise the essence of their being. and looking under your bed. ❖ ▲ F. Murphy Probably THE BRETHREN ❖ by John THE ALIENIST ❖ by Caleb Carr ❖ the best book I’ve ❖ Michael Pacek Grisham I am a huge fan of this This book takes place in 1896 New ever read, the author author and found this to be an York City and depicts in exact detail tells the story of entertaining read. It’s about three the conditions of society as it then Declan Walsh, a man whose trials and jailed ex-judges who concoct an existed. A serial killer is on the loose tribulations enable him to rise from a elaborate blackmailing scheme. and he is murdering boy prostitutes soldier in the Korean War to become Unbeknownst to them, one of their and then mutilating them in Chief Justice of the Supreme Court to pigeons is a presidential hopeful in unbelievable ways. It’s up to an alienist ultimately Pope. Though the storyline whom the all-powerful, all-knowing, (a psychologist) and his broad-minded seems a bit farfetched, one will manipulative CIA Director has team, including Police Commissioner quickly become engrossed in the plot heavily invested. These two storylines and future President Theodore and come to believe the tale as it’s told intermix and lead the brethren to Roosevelt, to put together a psycho- by the novel’s colorful characters. believe this particular score will set continued on page 20 QUO VADIS ❖ by Henryk Sienkiewicz ❖ Taking place around 50 A.D. during the reign of the sadistically nefarious Emperor Nero, Lawyers Abstract Company young Vinicious, a Roman soldier, falls in love with a Christian woman of Westmoreland County and must choose between a life of continued opulence, having dozens of servants wait on him at all hours of 35 WEST OTTERMAN STREET the day and attending drunken orgies GREENSBURG, PA 15601 every night, or a life where converting to Christianity will lead to an almost certain fate shared by his new love and Telephone 724 - 834-2822 her fellow believers of being thrown to the lions and mercilessly persecuted. Agents for Commonwealth Land Title Insurance Company The apostles Peter and Paul also make appearances. FULL TITLE SEARCHES THE GODFATHER ❖ by Mario Puzo ❖ Any mafia-style book penned TITLE INSURANCE by Puzo is well worth the purchase ABSTRACTS price, but this one is a classic. Here, REAL ESTATE & MORTGAGE CLOSINGS Don Vito Corleone leads his family in turf war battles against other crime 20 ¥ sidebar MARCHÐAPRIL 2005 What Have You Been Reading? continued from page 19

logical profile of the killer—the first of its kind—and track him down before he strikes again. BOOKNOTES: STORIES FROM AMERICAN HISTORY q q ❖ by Brian Lamb ❖ This historical, highly informative a a work is a collection of anecdotes from scholars and Leo Ciaramitaro in the back of an M2A2 Bradley Fighting r r historians of American history beginning with the colonists’ I

I Vehicle. Earlier in the day there were six soldiers in the

back of it. fight for independence to the aftermath of 9/11. Additional “Just dropping you a note to let everyone know I'm still perspectives are given on a myriad of events that shaped m m alive here in Bayji, Iraq. I haven't been shot at directly in American history, including the Great Depression, the Civil o o over 21/2 weeks, though mortars and rockets continue to Rights Movement, and the culture wars that have followed. r r give us trouble. Recently with the Bayji and Ash Sharqat On a similar vein, THE GREATEST GENERATION ❖ by f f (another major city my Task Force has responsibility for) ❖

Tom Brokaw depicts the lives of ordinary Americans who city councils they have been really making great strides. served our country in World War II and then went on to d d The biggest challenge is getting them to follow good r r budgetary procedures. One budget actually had a line build the America we have today. It’s a tribute to the heroes item for $70,000 and it was listed “Stuff.”We found this a of a generation who sacrificed everything for their country a amusing aside from the fact that these folks have never c c and asked for little or nothing in return. had to prepare a budget before. Tomorrow, we are t t THE PAINTED BIRD ❖ ❖ headed to the Courthouse to meet with the chief by Jerzy Kosinski A young boy, s s Magistrate for the city. We are trying to ensure the rule fleeing Nazis, sojourns among backward, brutal peasants in o o of law is used properly and the citizens are not required Eastern Europe. Shocking horror perceived through the P P to rely on tribal sheiks to get things done or have eyes of a small child, this is perhaps the greatest novel to disputes settled. I'll write more later. Take care.” come out of World War II. — Leo J. Ciaramitaro, Westmoreland County ❖ ❖ ADA (forward deployed), March 14, 2005 STONE CITY by Mitchell Smith This is considered by many to be the ultimate prison novel. A college professor goes to the big house after a hit-and-run Build Your Practice homicide conviction and becomes embroiled in a series of grisly inmate slayings. This fine piece, graphic in detail, COUNSEL TO COUNSEL LLC does not paint a pretty picture of prison life and makes for Co-Counsel Litigation Services an eye-opening reading experience. MIDNIGHT IN THE GARDEN OF GOOD AND EVIL ❖ by John Berendt ❖ This work of non-fiction takes the reader Attorneys with more than 60 years experience to 1981 in Savannah, Georgia where a person is shot to settling and trying major and complex cases death inside the mansion of Jim Williams. Was it murder assisting with: or self-defense? The eccentric true-life characters weave a story that will keep you guessing until the very end. ◆ FINANCING ◆ A compelling and evocative must-read. EVALUATION WIDEACRE ❖ by Phillippia Gregory ❖ Set in 18th ◆ CONDUCTING JURY FOCUS GROUPS century Georgian England, Beatrice Lacey, the daughter ◆ SETTLEMENT of the country squire and destined to be married off to an ◆ TRIALS unknown territory, resorts to any means that will ensure she stays and controls her family’s Wideacre, including Principals murder, incest, and deception of everyone who loves her. Thomas W. Henderson & Robert A. Creo She goes from being a carefree, beloved, and most generous Lawyers can limit risks while enhancing and girl to the most evil, duplicitous, cold-hearted villainess ever encountered. Does she eventually get her just desserts? building their own practices. Read to find out. ❖ For more information contact: PERFUME:THE STORY OF A MURDERER by Patrick ❖ Counsel To Counsel LLC at 412.441.1153 Suskind An atmospheric novel about an 18th century maniac who makes sublime perfumes by distilling the or visit us at www.KeepYourCase.com essence of beautiful maidens. This acclaimed work is rich in detail and will prove to be an interesting read. MARCHÐAPRIL 2005 sidebar ¥ 21 Candid Camera: 2005 Annual Meeting

▲ “So then I sez to the client, ‘No, ▲ the contingency “What do you think, John. Does the filling fee in this case on the bicuspid need replacing or not?” is 100%.’”

▲ “No, Lee, that shade of mascara ▲ looks fine in these lights.” “Oooh, nice moustache.” ▲ “Take my advice before it’s too late, Jim, and run, run, run like the wind!”

▲ ▲ “Oh, Danny “Come to me, boy, oh, Danny my melancholy boy, I love you Bubba.” sooooooooo.” ▲ “Someday, Peggy, you’ll find out for ▲ yourself. It’s “Have you had two beers already or really lonely are you just happy to see me?” at the top.” 22 ¥ sidebar MARCHÐAPRIL 2005

The lawyer assistance collection is housed in the Law Library’s attorney meeting room, which is located in a secluded corner of the Library. The area is quiet, comfortable and, most importantly, private. If an attorney finds a helpful book or pamphlet, he or she is free to take it from the ▲ Library and use it for New members presented to court include (from left to right): Candice J. Stewart, Thomas as long as is necessary. There is no Lee Jones, Elizabeth J. McCall, Sherry Magretti Hamilton, Kelly Balog, Justin M. Walsh, checkout procedure, no sign-out John M. Hauser III, Jason R. Dibble, L. Anthony Bompiani, Amanda N. Nuzum and sheet, and no questions will be asked. Kenneth M. Baldonieri. Jeffrey S. Golembiewski is not pictured. In the event an item is not returned to the Library, it will simply be replaced, WBA St. Paddy’s Day Party, and no effort will made to discover New WBA which was held at Bar headquarters the whereabouts of the missing item. immediately following the ceremony. The collection is also accessible on Members evenings and weekends. The Law Library Committee is Presented Law Library considering further development of the lawyer assistance collection. to Court Report Suggestions for new topics and dona- tions of books would be appreciated. n Friday, March 18, 2005, by Charles J. Dangelo, Chair, If you or someone you know is the Westmoreland Bar Law Library Committee struggling with a personal problem, Association presented its new O do not hesitate to consult these members to the court. Following a he Lawyers Concerned for materials. They may be the first step to welcoming address by WBA President Lawyers Committee and the getting your life, or the life of a friend Robert I. Johnston, each admittee was Law Library Committee are or loved one, back on the right track. introduced to the court by a member T pleased to announce that lawyer assis- of the association. tance information is now available in The new members presented to the the Westmoreland County Law Library. Actions of court were: Kenneth M. Baldonieri, Through the efforts of LCL Chair Kelly Balog, L. Anthony Bompiani, Judge Irving Bloom, the Law Library the Board Jason R. Dibble, Jeffrey S. has been provided with a copy of Golembiewski, Sherry Magretti every book and pamphlet in the FEBRUARY 15, 2005 Hamilton, John M. Hauser III, inventory of Lawyers Concerned ¥ Accepted Membership Committee Thomas Lee Jones, Elizabeth J. for Lawyers of Pennsylvania. The recommendations: Glenn Klepac, McCall, Amanda N. Nuzum, Candice collection is comprehensive, covering participating. J. Stewart and Justin M. Walsh. a broad range of topics that include ¥ Asked Mr. DeDiana to make contact Following the presentation to the mental health, lawyer stress, eating with investment advisor Paul Brahim court, James A. Horchak and Robert disorders, family difficulties, chronic to review changes in priorities for I. Johnston greeted the new members illness, addiction and recovery, and WBA and ask for direction in on behalf of the Young Lawyers problems affecting minority groups. restructuring investment policy. Committee and the Ned J. Nakles While other county law libraries ¥ Learned that legal/medical code of ethics is completed. American Inn of Court, respectively. may have a few pamphlets or books, Judge John E. Blahovec then spoke on our Law Library is the only one in behalf of the court. the Commonwealth to have such A reception for the new admittees an extensive collection of lawyer was held in conjunction with the assistance materials. wba MARCHÐAPRIL 2005 sidebar ¥ 23

¥ Agreed to ask Mr. Geary to serve ¥ Learned that Paul Killion, Chief establish board reimbursement policy. as WBA rep on PBA House of Disciplinary Counsel, indicated that ¥ Agreed to allow PAC representatives Delegates. Mr. Whelton will be local bars should try to resolve any to speak at Annual Meeting. reappointed and Mr. Silvis will fill attorney/client problems before ¥ Agreed to meet with Judges Caruso, the one-year “President” slot. referring to Disciplinary Board. Driscoll and Blahovec to discuss ¥ Agreed to consider producing a ¥ Learned that 10th anniversary retention activities. photo collage of Courthouse to celebration of the Inns of Court is ¥ Learned that signing ceremony for sell in conjunction with courthouse set for May 19 at the Millcreek Inn legal/medical code of ethics is set centennial celebration. in Ligonier. for Tuesday, March 22, at 4 p.m. ¥ Agreed to approach local copier ¥ Approved Courthouse Centennial ¥ Heard report that location of the companies to see if they can offer Committee’s request to mail letter to WBA Holiday Dinner Dance is still savings to WBA members. WBA membership seeking financial not known and will not be known ¥ Learned that WBA will receive three support for Centennial project. until decision has been made recognition awards from the state ¥ Heard report on the LRS program regarding ownership of the bar at the County Conference of Bar through mid-March: 64 attorneys Greensburg Country Club. Leaders. participating, $1,380 collected ¥ Learned that Lawyers Abstract has ¥ Learned that First Commonwealth through the $30 fee and 46 cases been added as approved closers on had requested a luncheon to discuss currently opened. real estate matters with First the possibility of sponsorship and ¥ Accepted bylaws recommendations Commonwealth. member-discounted benefits. of the YL submitted by Mr. Horchak. ¥ Learned that Valley High School has ¥ Agreed to circulate proposed YL ¥ Agreed that Mr. DeDiana will work been approved as a site for next bylaws for consideration at March with Mr. Whelton and Mr. Kress to Living Trust educational seminar. Board meeting. ¥ Reviewed proposed WBA bylaws amendments for February 18 quarterly meeting; agreed to ask Greensburg-Salem Wins Mr. Geary to introduce the proposed bylaws. District, Regional, State ¥ Voted to allow expenditure for president-elect and vice president Mock Trial Titles to attend American Bar Association’s Bar Leaders Institute each year. ¥ Agreed to invite Ms. Leechalk to attend PBA Young Lawyers Retreat in July as representative of the Westmoreland Bar Association. ¥ Agreed to present the Committee of the Year Award to LRS. ¥ Agreed to appoint Bob Johnston and Aaron Kress to co-chair Retention Committee for the retention election of Judges Blahovec, Caruso and Driscoll. ongratulations to prosecution and defense teams MARCH 15, 2005 Greensburg-Salem for the case of Gallo v. Urbanski ¥ Accepted Membership Committee C High School, who earned a/k/a Skee Poll. Eight regional recommendations: Ken Baldonieri the 2005 Pennsylvania Statewide winners then advanced to the and Chris Eyster, participating. High School Mock Trial statewide mock trial finals. ¥ Learned that bar association assets Championship by defeating Greensburg-Salem will have increased by $70,000 since Scranton Preparatory School in represent Pennsylvania at the this time last year. the Mock Trial State Finals on National Mock Trial Finals to be ¥ Learned that printing the member- Saturday, April 2, 2005. held in Charlotte, N.C., May 5Ð7, ship pictorial directory cost $1,353 Greensburg-Salem also funded by the Pennsylvania Bar and was marked as member benefit. earned this year’s district and Foundation. The team also regional titles. Over 275 teams received a $500 grant from the from across Pennsylvania had Westmoreland Bar Foundation to news the opportunity to serve as the help defer travel costs. 24 ¥ sidebar MARCHÐAPRIL 2005

CALENDAR OF EVENTS

APRIL MAY 23 Final registration deadline 1 National Love Your 2-6 Law Day School Visits for the 2005 Bench/Bar Lawyer Day 11 Membership Committee, Noon Conference 1 Live CLE: “The 13 Bankruptcy Committee Mixer, 24 CLE Lunch ‘n Learn, Noon Consequences of Not 5 p.m., Spitfire Grille, South to 2:15, 2 substantive credits Paying Your Taxes— Greensburg available Pitfalls, Pratfalls and 17 Family Law Committee, Noon 30 Courthouse closed in Search Warrants” observance of Memorial Day Board Meeting, 4 p.m. 1 Alcoholic Lawyers Anonymous Committee 18 Pro Bono On The Road, JUNE Meeting, Noon until 7 p.m., New Kensington 8 Membership Committee, Noon Mr. Toad’s, open bar CLE Lunch ‘n Learn, Noon to 14 Courthouse closed in In order to preserve 1:15, 1 ethics credit available observance of Flag Day anonymity, wear your Northern Lawyers Luncheon, 15 Pro Bono On The Road, masks. Noon, King’s, New Kensington New Kensington 19 Fee Dispute Committee Northern Lawyers Luncheon, Appreciation Luncheon Noon, King’s, New Kensington The Founders Day Dinner of 21 Family Law Committee, Noon the Ned J. Nakles American Inn of Court, 6:30 p.m., Board Meeting, 4 p.m. Millcreek Inn, Ligonier 23-25 2005 Bench/Bar Conference, Seven Springs, Champion, Pa.

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

Think Springs! www.7springs.com

Bench/Bar Conference June 23–25, 2005 Join us for the 19th Annual Bench/Bar Conference of the Westmoreland Bar Association. Come up for the day or stay for the entire two-day conference. This is a conference NOT to be missed! Register today!