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THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XXI, NUMBER 4 AUGUST 2009

Wrongful Convictions Artist, Attorney Present Two Views of The Innocence Project by Beth Orbison, Esq. is a series of breathtaking portraits done in an rongful expressionistic style that convictions are depicts the complicated, W not isolated, emotional landscapes of rare events. Innocent men who have suffered people languishing in years of incarceration prison or worse—being put for crimes they did not to death for crimes they did commit. In doing these not commit—should be paintings for the exhibit— intolerable to everyone,” simply entitled “Resurrected” says Dan Bolick about why in the Walsh Gallery at the he was inspired to paint Westmoreland Museum larger-than-life portraits of until September 6, 2009— ten wrongfully convicted L Bolick wanted to humanize men who were exonerated Artist Daniel Bolick and Innocence Project Staff Attorney Craig the men, literally giving a as a result of the efforts of Cooley were the featured speakers at the WBA Summer Quarterly face to their plight, and to The Innocence Project. Meeting held at the Westmoreland Museum of American Art in July. demonstrate that this could The Innocence Project is happen to anyone. an organization dedicated to using the meeting at the Westmoreland Museum Mr. Cooley, a native of Plum latest scientific evidence to exonerate of American Art where featured Borough in Allegheny County, is wrongfully convicted men and women. speakers—artist Daniel Bolick and one of six full-time staff attorneys who Founded in 1992 by Barry C. Scheck Craig M. Cooley, staff attorney with represent prisoners across the country. 2 and Peter J. Neufeld at the Benjamin The Innocence Project in New York— “Our standard is actual innocence,” N. Cardozo School of Law at Yeshiva talked about the impact of an explains Cooley. “If there is physical University in New York to assist imperfect criminal justice system on evidence to test and DNA evidence prisoners who could be proven the lives of wrongfully convicted men. could prove innocence, then the case innocent through DNA testing, to In 2007, upon retiring after 34 is eligible to be considered for our date, 241 people 1 have been exonerated years as a Public School assistance.” Eight staff members and set free through the work of this teacher, Daniel Bolick searched for carefully review each letter they nonprofit national law firm. a subject to paint with “an activist receive from or on behalf of inmates— On July 28, the Westmoreland content.” He found his muse in The they currently have a 3,000-letter Bar Association hosted its quarterly Innocence Project, and what emerged continued on page 10 ______1 Of the 241 exonerations, there are 38 in Texas, 29 in Illinois, 25 in New York, and 10 in Pennsylvania. 2 Attorney Craig Cooley represents clients on behalf of The Innocence Project in Pennsylvania, Oklahoma, Illinois, Tennessee, Arkansas, and South Carolina.

IN In Memoriam In Memoriam To-Wit: Jury Bench/ THIS President’s George E. Thomas R. by S. Trial Bar ISSUE 213Message 3 Berry, Jr. 4 Ceraso 11 Sponte Verdicts 18 Recap 2 • sid ebar AUGUST 2009

President’s Message The Best-Kept Secret

by James R. Antoniono, Esq.

ne of the best-kept secrets of it costs $100 to purchase one share of I wrote to Reg Belden, who membership in the WBA is stock and it’s refundable at any time. was then the President of the Bar Othe eligibility to also become The Abstract Company specializes Association, describing what an a shareholder of Lawyers Abstract in personal services, and even if a abstract company was and how Company, a title insurance and title WBA member doesn’t do real estate it worked, suggesting that the Bar services company wholly owned by work, he or she can refer a client to the should form one. He responded by WBA members. The company with the assurance that the naming Ralph D. Conrad, David S. WBA has over 500 client will get the best personal service DeRose, James M. Duffy, James members and 281 of available and that he or she will McDonald, John N. Ward, and those members are have the opportunity to continue me to a committee to form the also shareholders in representation in any ways that are abstract company, and, in 1987, the Abstract appropriate. the Westmoreland County Lawyers Company. The Abstract Company was Abstract Company was born. Although they established with two principles in My hope is to someday see the Bar are separate legal mind: Association and the Abstract Company entities, the two 1) Maintain the attorney-client integrated in a professional way such organizations are closely intertwined. relationship in all real estate that the profits of the Abstract All shareholders of the Abstract transactions when appropriate. Company help support the mission Company must also be members of the Westmoreland Bar Association. In addition, the Abstract Company It seems natural that the profits from financially supports the Bar Association in a number of ways: this commercial enterprise be directed 1) It is always one of the sponsors of to provide greater legal services to the our Bench/Bar Conference; citizens of the county. 2) It traditionally donates money to the Westmoreland Bar Foundation to assist in its mission to provide assistance to Westmoreland County 2) Keep business in Westmoreland and work of the Bar Association and residents; County that might otherwise the Bar Foundation. It seems natural 3) It offers local people the opportunity go to businesses that have no that the profits from this commercial to have their own Westmoreland connection with or interest in enterprise be directed to provide County lawyers represent them at the people of the county. greater legal services to the citizens closing when other title companies Because of its relationship with of the county. may restrict such representation to Commonwealth Title Insurance Now that the Lawyers Abstract lawyers strictly of their choosing. Corporation, the Abstract Company Company is no longer “the best-kept The cost to become a member of can provide title insurance services secret,” if you are not a member of the Abstract Company is negligible— throughout the Commonwealth. the Abstract Company, call Phil Early in my practice, while searching Shelapinsky, the President of the a title in Armstrong County, Roger Abstract Company, and become a Get Connected! Mechling, the President-for-life of the member. It’s one of the best benefits Need access to a FREE Armstrong County Abstract Company, you receive as a member of the Bar wireless Internet connection in approached me and suggested that I Association. Greensburg? WBA members join since I had an Armstrong County are welcome to stop in the office. He described their abstract WBA offices and log on to our company and its benefits. I joined, free wireless network to but on the way back to Greensburg, I conduct business online. wondered why Westmoreland County did not have its own abstract company. AUGUST 2009 sid ebar • 3 Remembering George E. Berry, Jr.

Editor’s note: George E. Berry, Jr., passed school,” which meant, among other former active-duty naval officers, away on May 25, 2009. He is survived things, that his word was his bond, including Pat Costello, Dick Jim, by his son, George “Skip” III, of and many of us who worked with him and others, would meet to share their Greensburg, son, Michael and his wife, would accept whatever he told us experiences. Pat advises that the others Ana Taras, of Trenton, N.J.; grandson, without question. At the time of his were all “black shoe” navy, and that he David, of Ann Arbor, Mich., and sister, passing, he took pride in the fact that was the only “brown Virginia, of Greensburg. he was the oldest attorney at the shoe” officer. If you Westmoreland County Bar. want to know the by James R. Gaut, Esq. George, for several years, shared difference, contact Pat. office space with Attorneys Henry George’s father ost of us were acquainted Waltz, Jim McWherter, and Dave was the owner and with George Berry through Gold. Dave, being the young man operator of the former Mthe practice of law and were in the firm at that time, has praised George E. Berry not as familiar with his personal life. George as having offered him a lot Printing Company on We knew George as a careful practi - of good advice regarding the practice North Main Street tioner, especially in the field of real of law, including such matters as above the former L estate, and we all respected his expert - billing, title work, finances, and other office of the George E. Berry, Jr. ise. George was one who was serious advice that Dave has characterized as Greensburg Tribune about his work, did it very well, and “unbelievably insightful.” In addition Review. George graduated from was never one to look for shortcuts. to being an office for the practice of Greensburg High School and was a He had the respect of his many clients law, the office became the headquarters journalism major while at Penn State. as well as the attorneys with whom he of a local naval reserve unit; George He was in his second year at Pitt Law worked. He has been described as “old was the commanding officer, and School on Pearl Harbor Sunday and on December 8, 1942, volunteered his services to the U.S. Navy. Within six months, he was commissioned as an ensign, and Looking for a special way after extensive duty stateside, he was appointed Executive Officer of L.S.T. No. 499 on which he traveled from Birthsto• Dreeatmhse•mMbarerriagseosm• Aenonnivee?rsaries Evansville, Ind., down the Mississippi Making Partner • Passing the Bar River, and then to England prior to D-Day. Before the invasion, George’s ince 1991, the Westmoreland Bar Foundation has raised squadron was attacked in the English thousands of dollars to assist the poor, disabled, elderly and Channel by German “E” boats, which Schildren in our community. Through the Memorial Program , you sank three of the L.S.T.s of his group. can honor a colleague or loved one with a contribution to the George’s ship survived this attack Foundation. Your gift will help serve the needs of our own who have and participated in the landing on nowhere else to turn for legal services. Cherbourg Peninsula, but was sunk If you would like to make a gift to the Foundation as on D-Day + 2 by a German acoustic a meaningful expression of respect, please make mine while evacuating the landing check payable to the Westmoreland Bar Foundation beach. Following the loss of L.S.T. No. and mail to WBA Headquarters, 129 N. Pennsylvania 499, George was sent to survivor camp Ave., Greensburg, PA 15601. and then reassigned to the Pacific continued on page 4

the the side bar is published bimonthly as a service for members of the EDITORIAL BOARD side Westmoreland Bar Association. Letters to the Editor should be sent David J. Millstein, Esq., Editor bar c/o WBA, 129 North Pennsylvania Avenue, Greensburg, PA 15601- Beth Orbison, Esq., Assistant Editor 2311, fax 724-834-6855, or e-mail [email protected]. the side bar welcomes unsolicited The Hon. Daniel J. Ackerman, submissions from members or non-members. Please submit to the Articles Editor, c/o WBA. Virtual World Bureau Chief Back issues from 2000 to the present and a comprehensive, searchable index are available Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor online at www.westbar.org/thesidebar. 4 • sid ebar AUGUST 2009 George E. Remembering Berry, Jr. Thomas R. Ceraso continued from page 3

Fleet. While en route to the U.S. Editor’s note: Thomas R. Ceraso passed away on July 18, 2009, after a brief illness. across the Atlantic Ocean, his flotilla He is survived by his wife, Janet; son, Thomas, and wife, Dana, of New Kensington; came under attack by a German daughter, Amy, and John Iole, of Pittsburgh; daughter, Betsy, and Jeff Aziz, of submarine which sunk one of the Pittsburgh; three grandchildren, Thomas and Abigail Ceraso, of New Kensington, destroyers escorting the convoy. and Samantha Aziz, of Pittsburgh; sister, Joan, and husband, Robert McDermott, Expecting to see more active duty of Vandergrift; and several nieces and nephews. in the Pacific Theater, George was relieved to get the news while in the by Daniel Joseph, Esq., and Jim Smith Philippines that Japan had surrendered MENTOR, FRIEND, AND in August of 1945. DEFENDER TO MANY George had a passion for and excelled at the game of bridge; not just he Westmoreland County Bar ordinary bridge, but Duplicate Bridge. lost a friend upon the passing He played with such experts as George Tof Attorney Thomas R. Ceraso Lamproplos and Stu Horner, and on July 18, 2009. Tom, age 75, participated in tournaments both local succumbed to lymphoma. During and out of state. He was honored as a his lengthy professional career, Tom Silver Life Master by the American maintained a thriving state and federal Contract Bridge League (ACBL). practice, concentrating primarily in A lifelong Republican, George criminal defense matters. He practiced entered the political arena, running for across the state and the country, was mayor of the City of Greensburg and admitted to practice in the United District Attorney of Westmoreland States Supreme Court, the United County, and he was a delegate to the States Court of Appeals for the 3rd and 5th Circuits, the United States L Republican National Convention in Thomas R. Ceraso Chicago. Court for Western District of It may have been a holdover from Pennsylvania and West Virginia, the his naval career that he became a United States Tax Court, the several willing to assist practitioners seeking world traveler visiting Europe, South courts of the Commonwealth of his advice with research or strategy. America, and the Far East on numer - Pennsylvania including the Supreme, He gave freely of his time to the ous occasions. I remember to my sur - Superior, Commonwealth, and various Westmoreland Bar Association when prise when I asked him about Australia county courts of common pleas. He asked to present on various topics and New Zealand that he told me he also practiced before the Court of relating to the practice of criminal law. had never been to either, explaining Judicial Discipline and the Supreme Tom represented clients in that they were “too far.” Court Disciplinary Board. Tom numerous high-profile cases, among Some of you may be aware that served on the Pennsylvania Criminal them, a police officer charged in the George, Tack Hammer, Dave Gold, Rules Committee. He was known death of Jonny Gammage, a murder and Aaron Kress all shared the throughout the legal community as an at the now-defunct Cash Club, and same birthday and, when possible, excellent trial attorney, a master of trial the 6-6-6 lottery-fixing trials. celebrated together. tactics, a ferocious cross examiner, and As he lay sick in the hospital the He is survived by sons George E. a superior writer and researcher. Tom weeks before his death, he was still “Skip” Berry, III, of Greensburg, and was acknowledged in the Best Lawyers reading cases and reading the law Michael K. Berry, of Trenton, N.J., in America since 1993 under the from a laptop computer. and grandson David Berry, of Ann designation of Criminal Defense Westmoreland County District Arbor, Mich. Attorneys. He was a friend and mentor Attorney John Peck said of Tom, George will be fondly remembered to many members of the local legal “He was always passionate about his and sadly missed by all who knew communities, well liked by judges, clients and tireless in defending them. him.  prosecutors, police officers, and court He was the lawyer who wasn’t afraid staff. A tireless worker, he was always of a very tough case and who was very AUGUST 2009 sid ebar • 5 successful in defending those cases. He was perhaps the most sought-after om embodied the ideal of the gentleman lawyer, the image of a fair, lawyer in Westmoreland County for committed advocate that many of us formed growing up only to find defendants who wanted to have a trial.” we encounter all too rarely in practice. The rarity of a figure like Senior Judge Charles Alexander of Tom—completely trustworthy, reasonable, understanding—may lie in a Clarion County said, “In my 52 years perception that that sort of lawyer is less effective than the ferocious as a lawyer and judge, I have never slash-and-burn variety, but Tom proved that perception wrong. He made seen a better criminal defense attorney a career of gaining outstanding results for his clients by dint of his than Tom.” He went on to say, “I will persuasiveness and integrity, and without ever shying away from a battle feel my time as a judge was put to if it had to be fought. It’s a great loss for the bar, the community, and his good use if I can start just one young clients. attorney down a path emulative of — Harry Litman, former U.S. Attorney for Tom’s career. Of course, I realize that Western District of Pennsylvania men like Tom cannot be made, but all of us can be better by trying to be more like Tom.” Vandergrift, Westmoreland County. In because Tom was up at 4 a.m. Attorney Patrick Thomassey of 1964, he joined the law firm of Scales every morning reading case law and Allegheny County called Tom “the and Shaw in Greensburg, Pa., where preparing for trial. Duke also said, dean” of the criminal practitioners. he became a partner. By 1970, he had “He was the best criminal defense “I think the only greater thing than opened his own office in Greensburg lawyer I ever knew.” his capacity with people was his and in 1980, was joined by Attorney At Tom’s funeral, his son, knowledge of the law,” Mr. Thomassey Donald P. Tarosky. They practiced Westmoreland County Commissioner said. “A great trial lawyer, great family together until 1995 when Mr. Tarosky Thomas C. Ceraso, shared an e-mail man, and a greater friend. He was left to pursue other opportunities. written to him from someone who the go-to guy for what we do. He Tom continued as a solo practitioner had been a juror in a federal case practiced law the way you’re supposed in Greensburg until 2004 when he that Tom tried in Pittsburgh. The to do it. You never heard anything bad opened an office in Feldarelli Square, case involved a claim of fraud against said about Tom.” New Kensington. He closed that office Tom’s client in the sale of tanks to the Tom was born February 26, 1934, in 2007 after deciding to retire from Defense Department. the son of Dr. Thomas and Sylvia the active practice of law and then Tom’s client was acquitted, and Magnelli Ceraso of Vandergrift, Pa. maintained an office with Duke the e-mail pretty much sums up the Tom attended Vandergrift High George, Dan Joseph, and David way in which Tom was regarded. School, where he played baseball and Regoli. The person who sent the e-mail stated: basketball, graduating in 1951. He During those retirement years, “I had the pleasure of watching your graduated from Penn State University he enjoyed coming into the office father as a juror. On one side of the in 1955 and earned an undergraduate frequently, providing counsel on a courtroom was the U.S. Attorney, the degree in Philosophy, and graduated multiple number of cases, and simply FBI with their computers, charts and from the talking about the law over a cup of graphs, and everything that the federal School of Law in 1958. coffee or lunch. David Regoli, who government could bring. On the other In 1960, he opened his first was very close to Tom, observed that side of the courtroom sat your father, law office on Longfellow Street in he could not remember a single case his client, and a yellow note pad. that he tried without first discussing Little did the federal government it with Tom before and during the realize that they were outgunned. Harry J. Schmidt trial. David said, “Tom had a way of I came to realize I probably saw making the impossible seem possible.” one of the best lawyers ever.” Licensed Private Investigator Dan Joseph realized soon after Tom Throughout the last 17 years, began sharing offices with his firm that Tom was rarely seen without his legal they could save overhead by getting assistant, sidekick, and friend, Jim Bonded – Insured rid of the law library. “He was an Smith. Jim worked daily and, many encyclopedia of the law,” said Dan. times, nightly with Tom, assisting in Greensburg, PA 15601 Duke George represented many the preparation of trials and driving co-defendants with Tom. In one case him across Pennsylvania and many Phone: 724-838-0644 in federal court in Erie, Pa., they other states defending clients. Jim said, Fax: 724-838-0832 shared a hotel room for six weeks of “Tom was a friend, mentor, and father trial. Duke said he never got any rest continued on page 6 6 • sid ebar AUGUST 2009

Remembering Thomas R. Ceraso continued from page 5

figure to me.” He also said that when he thinks of Tom, he will remember Return with us now to those him standing in the stairwells of the Allegheny County Courthouse with thrilling days of yesteryear… a cigarette in one hand and a Palm ’m not Tonto, but Tom Ceraso was the Lone Ranger. I was fortunate, as Pilot in the other strategizing during a young lawyer, to be an apprentice to Tom; as a defense attorney, to trial recesses. be co-counsel with him; and as a judge, to preside over cases that he tIried. Throughout those experiences, he taught all of us what the nature of being an advocate for the rights of your client om Ceraso tried many required. high-profile cases before me I started my career in Tom’s office, working both in Westmoreland County with him on fascinating criminal cases, most aTnd here in federal court. It was particularly the 6-6-6 lottery fix case that my privilege to have him appear in involved Mr. Bowling for Dollars, Nick Perry. cases over which I presided. He Though I was only associated with his practice was always prepared not only with for a short time, it was long enough for me to total command of the facts and realize what my ethical obligations as a defense attorney the law but also with a clear vision were: To zealously defend my clients, and to protect their rights, regardless of where he was going, what of what they were charged with, and regardless of my own personal points he wanted to make. He was feelings. That’s how the Lone Ranger did it, and that’s how I would do it. unfailingly polite, showing respect I left Tom’s office because he was the Lone Ranger—that’s how he to his client, all witnesses, the practiced law, without much collaborative effort—and I went to the prosecution and, especially to the Public Defender’s Office, where, after several years of criminal defense court. As I said, it was a privilege to representation, I got to work with Tom once again as counsel for two of watch him at work and while there the defendants charged in the Cash Club homicide. I marveled at the most may be other great trial lawyers, well-prepared, articulate, and effective of attorneys. there will only ever be one Tom Out of the welter of confusion attendant to a case that originally Ceraso—he is truly irreplaceable. involved nine defendants, Tom and his fellow counsel, including Irv Green, — The Hon. Donetta W. Lou Ceraso, and Ray Radakovich, were able to set a course to an Ambrose, Chief Judge, United acquittal. It was the dream of every young lawyer—to be up close and States District Court, Western personal and on the front lines with a veritable master class of the criminal defense bar. Once again, what shone through was the basic core District of Pennsylvania regarding the responsibility of defense counsel, to do everything that the fair and effective representation of your client requires. Tom is survived by his wife of When I took the bench as a judge, it was a pleasure to know that Tom 49 years, Janet Venturini Ceraso; Ceraso would be involved in a case before me. Although his long years as three children, Amy Ceraso of a lawyer and the ultra-busy aspect of his law practice might have excused Pittsburgh, Thomas C. Ceraso of it, Tom was never late or absent without explanation and a properly New Kensington, and Betsy Ceraso presented continuance request. My staff never had to search for him; he of Pittsburgh; three grandchildren, sometimes was waiting for us to arrive and open up my chambers. He was Thomas Ceraso, Abby Ceraso and better than well-prepared, courteous to opposing counsel, realistic and Samantha Aziz; and a sister, Joan honest with the Court, well-dressed and well-shod, and a wonder to see in action. Judges and juries sat up a little straighter and listened a little Ceraso McDermott of Vandergrift. more attentively when Tom had the stage, because of his reasoned and Tom was an avid gin player and golfer articulate arguments and his graceful and intuitive approach. and he greatly enjoyed travel with his When Tom scaled back his practice (we knew he could never fully wife and spending time with his retire), it was as if a great standard had been furled, no longer to be grandchildren. available as an example to us as to how a lawyer meets his or her His family lost a devoted husband, responsibility to their clients. He wrote me a thank-you note—the Lone father, grandfather, brother, and uncle. Ranger sent me a thank-you note. We in the legal community lost a So that I might have the last word—No Tom, thank you . friend, mentor, and a classic example — The Hon. Richard E. McCormick, Jr. of a truly great trial lawyer.  AUGUST 2009 sid ebar • 7 Galloway Peluso Elected Named President of BRIEFLY President of PBI Board SPEAKING Duquesne of Directors Law Alumni

ichard H. Galloway, a partner and put on a two- or three-day Association in the firm of Galloway seminar that draws hundreds of R Monzo PC, in Greensburg, attendees,” he says. “Our job is to ino F. Peluso, a sole practitioner recently was elected President of the provide CLEs for people in the smaller in Lower Burrell, was installed Pennsylvania Bar Institute’s Board counties, to spread the CLE around so Gas President of the Duquesne of Directors. The everyone has the same educational University Law ceremonial passing of opportunities.” Alumni Association, the gavel occurred at According to Dick, PBI has been on April 24, 2009, PBI’s Annual Meeting on the leading edge of expanding its becoming the first held in conjunction services to include distance learning Westmoreland Bar with the Pennsylvania by developing simulcasts, webinars, Association member Bar Association’s podcasts, online CLEs, call-in CLEs, to hold this position. Annual Meeting. video replays, and more in its effort His duties as President Founded in 1965, to provide Pennsylvania lawyers with include presiding at PBI is the continuing information that is timely, practical, meetings with the L legal education arm cost effective, and of the highest Board of Governors L Dick Galloway of the Pennsylvania possible quality. The Pennsylvania and officers, and Gino F. Peluso Bar Association, CLE Board permits attorneys to earn attending and speaking providing continuing professional up to 4 of their 12 annual CLE credits at law alumni events across the country development programs for lawyers through distance learning, accounting in order to stay connected with alumni, and publishing legal reference books for a great portion of PBI’s business. promote their involvement with in all areas of practice for judges, Those who serve on the PBI the association, and enhance the lawyers, and others involved in the board make serious hiring and firing reputation of the law school. legal community throughout the decisions, plan the direction PBI will “I became involved with the Commonwealth. take, and authorize major capital Duquesne University Law Alumni PBI is a fully self-supporting expenditures, says Dick. As for his Association through my attendance at nonprofit organization, receiving no presidential plans, he says, “Overall, various alumni functions,” says Gino. portion of PBA dues, and no govern - I’m just a handsome, smart guy with “These events placed me in contact ment subsidies. Revenue from course a nice sailboat who plans to stay the with members of the Law Alumni tuitions and book sales is used to cover course and not run aground.”  Association Board of Governors and those production and operation costs, the Law School Administration. and is also reinvested in planning PRICED TO SELL Eventually, I was invited to join the and developing new programs, Board of Governors. I was honored to publications, and other services. Downtown Greensburg office building become a member of this special club.” Dick’s service on the PBA’s Board with two one-thousand square foot office He was also appointed to the suites. Easily combined if desired, these of Governors and as Chair of the spaces offer pristine comfort with three Law School’s Advisory Committee House of Delegates led to his appoint - operational gas fireplaces, one on the and is a Trustee of the Scholarship ment to the PBI Board of Directors. first floor and two on the second. Located Fund. “Assisting law students, both two blocks from courthouse, there is As President, his duty is to make sure ample staff parking behind with an financially and otherwise, is of PBI accomplishes its goal of providing additional one thousand square feet paramount importance to the Law CLEs at a reasonable cost across the unfinished storage. Asking 164,000 but Alumni Association, which has made price is negotiable with right new owner. significant contributions towards that state. “We compete with for-profit Write [email protected] for information companies who can go into a a big or call 724-396-4114 to arrange a visit. objective,” says Gino. “What better city like Pittsburgh or continued on page 8 8 • sid ebar AUGUST 2009 Peluso Named Visit the New President www.westbar.org continued from page 7 ave you visited the WBA’s website at way to give back to the Law School Hwww.westbar.org which has given me the opportunity recently? If you have, you to practice law, for more than 28 years, will have noticed its fresh than to serve as its Alumni Association new look and user-friendly, President? The camaraderie is interactive interface. most enjoyable and the networking Now, not only can invaluable.” At the conclusion of his you see what activities, tenure, President Peluso will have committee meetings, and the privilege of serving as a speaker CLEs are coming up in the at the Law School’s commencement next few weeks or months, ceremony in June 2010 . you can register and pay for them online when you sign “My affiliation with the Duquesne into the site with your user University Law Alumni Association name and password. find links to the Pennsylvania CLE has been a most memorable and Not sure if you have a user name Board and Pennsylvania Bar rewarding experience,” he says. “I and password? Click on “Login” at Institute. encourage all Duquesne lawyers who the top of any page, then click the • Need information about the are members of the WBA to join the “Request new password” tab. Enter Westmoreland Law Journal, the Duquesne Law Alumni Association. I your e-mail address and click on the sidebar, or the Westmoreland look forward to seeing everyone at our “E-mail new password” button. Check County Local Rules? Click on the future alumni events.”  your e-mail and follow the directions “Publications” tab for forms, rates, to gain access to the registration and sizes, deadlines, and subscription members-only areas of the site. information. What else does the new • The information under the www.westbar.org offer? “Members Only” tab can only wherree in • Under the “Join the WBA” be viewed if you are logged in. tab, attorneys can peruse the There you will find committee the worrlldd benefits of WBA membership and and members lists, as well as IIS THHEE WBA download an application to join. Memorial Service transcripts MEMBER? • Clicking on the “Find a Lawyer” tab from 1960 to the present. takes you to various pages of our • Learn more about the Pro Bono online Lawyer Referral Service Program and the Westmoreland site, and an alphabetical list of Bar Foundation and its services by all WBA members and their clicking the “Bar Foundation” tab. contact information, complete • Finally, we have gathered a with photo, if the WBA has one number of useful links to PBA on file. If you would like a InCite, law schools, circuit courts, different photo, e-mail a JPEG to Pennsylvania county bar associa - [email protected]. tions, LCL, The Disciplinary Board, • The “Events” tab is a list of all Laurel Legal Services, and more upcoming events. Click on the under the “Links” tab. event name for more information The new site is extremely flexible, Have a vacation photo and or to register online. There is also so if there is a link we’re missing story you would like to share a link to our online photo albums. or content you would like to see, with your colleagues? E-mail them • The “CLE Programs” tab is a list of let us know and we’ll do our best to [email protected] all upcoming CLEs. Click on the to make it so. Point your browser for consideration in a future CLE title for more information or to www.westbar.org and discover issue of the sidebar. to register online. You will also everything it has to offer.  AUGUST 2009 sid ebar • 9 Letters to the Judge

our honor, Sir, bread and water rumor) are topics of would apply just I hope this letter finds daily conversation and lively debate. to get the money. Y your honor in good health and Darla Jean says that a legislator When it comes spirits, but I myself am concerned from California has introduced a bill to monetary gain, and to the point of being anxious to reduce prison costs by paying your honor, the law-abiding over my status here since my girl - grants to members of the criminal just cannot be trusted. friend, Darla Jean, who is quite the class for not committing crimes. The privatizing of prisons is also voracious reader, brought me an Applicants would be required to an unsettling concern. Until recently article cut from a Wall Street submit affidavits that they I just didn’t realize that ours is a Journal she found on a bench were indeed contemplating private prison, run as a subsidiary in St. Clair Park entitled “Is a given crime and provide of Dannon Yogurt. Jeeter says that the Prison Bubble About to proof that they had the is a French corporation, which is Burst?” It refers to the means to commit it in very disturbing to us. All along we years 1996 to 2006 as order to qualify. perceived this to be an American “the golden years of For an example that institution, and Jeeter contends that incarceration” when the even you might understand, parole applications will now have to incarcerated class rose a person who would have go through the United Nations. to the two million mark. been called a “drifter” or Jeeter is, of course, prone to panic Darla Jean says that is “hobo” during the Great and exaggeration, but what happens five times the number of Depression could be paid if this private company has to file souls living in Wyoming. for not throwing a brick for bankruptcy, with the hope of Those were heady years, through a window, but reemerging as a new and leaner and my cellmate Jeeter and not for refraining from lockup? I take some pride, as I know you embezzlement, since he would You, your honor, can make a must, in having played a role in such have neither the opportunity nor the major contribution toward solving an historic event. The creator of that means to commit such a crime. I’m this pervasive national problem by piece in the paper rightly recalled sure your honor would agree with granting the enclosed applications that numerically, ribbon-cutting me that this would be folly, as a great for parole. With best wishes I remain ceremonies at new prisons competed number of people who would never your friend and detainee. with Walmart openings, and the even dream of committing a crime Ricky H. Benbow, Sr.  legislature without a pinch of concern over the future cost created more mandatory sentences. Considering Mediation or The upshot, your honor, was Arbitration? that prison populations became more diverse. Why even some college Please keep me students were rerouted here, along in mind. with a smattering of professional types, and we even have one hedge UM/UIM, PI, Estate or Partnership Disputes, fund manager. Professional Liability, But now, your honor, there may be Custody a fearsome price to be paid for this irrational exuberance as the money Bob Johnston to run these fine institutions may be wanting. I must credit Jeeter with Appointed to Federal Court the phrase “irrational exuberance” Mediation and Arbitration who, as a fan of Alan Greenspan, Program uses it frequently. Is it any wonder that I am anxious about the future of this unwholesome little community? 724.834.0300 Cuts in staff and even rations (the [email protected] 10 • sid ebar AUGUST 2009 Artist, Attorney Present Two Views of

The Innocence Project continued from page 1

DANIEL BOLICK’S “RESURRECTED” EXHIBIT IS AT THE WESTMORELAND MUSEUM UNTIL SUNDAY, SEPTEMBER 6. CHECK WWW.WMUSEUMAA.ORG FOR MUSEUM HOURS. backlog—and those cases selected for consideration are their work results in an exoneration, using their success to presented in summary form during a day-long intake further the mission of the Project. Through their efforts, meeting, after which those cases deemed to have 47 states now have DNA statutes, 4 many states have enacted meritorious issues will be selected for representation. evidence-preservation guidelines, and efforts are being made The Innocence Project pays for the cost of DNA testing. with the development of a model compensation statute to “In many of the cases that are selected, there is encourage states to compensate the wrongly convicted. 5 overwhelming evidence of guilt,” says Cooley. “But in In addition, due to the high incidence of false confessions, practice, we have discovered that false confessions have led often among those with mental health problems, The to wrongful convictions in 25% of the cases, and eyewitness Innocence Project supports legislation that would require misidentification testimony was a factor in 74% of all interrogations to be recorded. post-conviction DNA exoneration cases in the U.S.— Two social workers, who are part of the 55-member the leading cause of wrongful convictions.” Improper or staff of the organization, assist released prisoners with the unvalidated forensic science played a role in approximately transition to freedom. The average length of time served 60% of wrongful convictions later overturned by DNA by exonerees is 12 years; after this extended period of time, testing, 3 and snitches contributed to wrongful convictions medical needs, reintegration into the family, job training in 16% of the cases. and living arrangements are among each man’s concerns. “If I had to choose one An exoneree trust fund noun to describe each of established by the Project these exonerated men, it provides a small monthly would be ‘perseverance,’” stipend (about $200/month says Cooley. “‘Perseverance’ for two years) to each is one thing you see in all of released prisoner. them. Knowing that they For more information are innocent, they have to about The Innocence persevere to get out of jail.” Project, read “Actual But, Cooley adds, Innocence: When Justice “We not only represent Goes Wrong and How to individuals; we want to Make It Right,” by Barry change the criminal justice Scheck and Peter Neufeld, system, too.” To that end, and visit their website at The Innocence Project has a www.innocenceproject. policy department and a org .  media department that ______help “spin” a case when 4 Alaska, Oklahoma, and Massachusetts do not have DNA ______statutes. 3 For more information about 5 In federal cases only, the serious flaws in the forensic science Justice For All Act of 2004 provides system, see the February 18, 2009, compensation to wrongly convicted article entitled “'Badly Fragmented' death row inmates of $100,000 a Forensic Science System Needs year for each year of incarceration Overhaul; Evidence to Support and to all others, $50,000 a year for Reliability of Many Techniques is each year of wrongful incarceration. Lacking” at http://www8. Twenty-five states, including nationalacademies.org/onpinews/ Pennsylvania, have no compensation newsitem.aspx? RecordID=12589. statute. AUGUST 2009 sid ebar • 11 To-Wit: All Around the Mulberry Bush by S. Sponte, Esq. We both knew I couldn’t win meritorious on the merits, but we also both defense, but does es, I know,” I told my colleague knew the considerable time and that make me a on the phone, “and believe me, expense involved for his client to weasel? 1 Y my clients want to move out take an appeal. That cumbersome I didn’t know just as much as your client wants them and costly process was the only the answer but I knew someone who to move out. But they just can’t find negotiating ploy I had. It was would. Professor Armes Akimbo had another place to live that fast. They’ll vaporous to be sure, but just taught me ethics in law school. Most need ninety days.” noxious enough to get noticed. noted as the author of the seminal Now lest you think I do landlord- “All right,” he capitulated, “I’ll “Two Points of View Regarding The tenant cases for a living, let me assure recommend he give your clients Double Billing of Schizophrenics,” he you that this was pro bono . I had ninety days to move, and I hope has always been to me the paragon of prevailed at the magistrate’s hearing on he’ll agree because I’m getting awful properness. I called him at once. a minor technicality only because the tired of telling him what a weasel After exchanging the amenities landlord was too cheap to hire a lawyer you are.” (“Remember me, Professor?” “Nope, and too well off to get one for free. It was intended as a witty remark can’t say as I do.”), I posed the ethical Now, however, wanting to appeal, and we both laughed. But who was it question. landlord had engaged counsel and the who said the sweeter the humor the continued on page 12 first thing my colleague did—well, the more bitter the truth? I think it was ______first thing if you don’t count cashing me. Yes, I was substituting the cost 1 Weasel – a small, carnivorous mammal possessed of short legs, elongated body and neck, the retainer check—was to call me to and maddeningly ponderous tempo with matching briefcase. Oxford Dictionary of work something out. of litigation for the spiffiness of a Suppositions, 1st Ed.

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 12 • sid ebar AUGUST 2009 To-Wit: All Around the Mulberry Bush Lawyers’ Exchange (Free to all members of the WBA) continued from page 11

“Ah, yes,” he replied, “the Mulberry SOLO PRACTITIONER with 20 years’ experience looking Paradox. It’s a classic. Can you to bring Family Law/Bankruptcy/Litigation practice to ethically use the cost and delay Greensburg Firm. Currently practicing in Westmoreland & of litigation as a bargaining chip Allegheny Counties and Federal Court. Contact the WBA for when you have no defense on more information. the merits?” He went on. “If an adverse party OFFICE SPACE FOR RENT Pa. Avenue Commons. Suite 204, unilaterally decides to compromise in 20 North Pennsylvania Avenue, Greensburg, PA 15601. Three order to avoid cost and delay, that’s Offices with Common Area. $250.00 per month per office or fine. But if counsel uses that as a $750.00 per month for the entire space. 724-832-2499. Plus strategy to extract concessions without Utilities. an accompanying meritorious defense, that’s a misuse of process and not fine. PREMIUM EXECUTIVE/PROFESSIONAL OFFICE 210 Square And if counsel is open and honest Feet in an upscale Office Complex, New Kensington/Lower about his motives, he’s admitting to Burrell. Shared Reception/Support Space Available. $600/month. 724-889-0032 sharp practices and that’s not fine. But if counsel is not open OFFICES/RETAIL space, building and parking lot in very and honest about it, he’s not good condition, 126 W. Pittsburgh Street, off-street paved, being candid with the tribunal and that’s not fine. lighted parking for staff and clients, handicap accessible, 2 Shall I continue? There are seventeen more levels.” room – $500.00, 4 room – $985.00, 6 rooms – $1,350.00, “Oh God, no,” I begged him, “please don’t. I’m quite includes utilities. Call 724-837-5210. dizzy as it is.” I had just hung up and was sitting at my desk pondering the imponderable when the phone rang. It was opposing counsel. “You’re not going to believe this,” he said, “but I just told my client again what a weasel you are and he fired me. Said he needs a bigger weasel than me to go up against the likes of you.” Well, it appears now that my sashay through the Mulberry Paradox is finis . No matter what kind of cases now lie ahead of me, I won’t ever have to assert such a dubious position again. I mean, what with my clearly established reputation for being king weasel, I’m never going to have to say another word.  © 2009, S. Sponte, Esq. Can’t get enough Sponte? More articles are online at www.funnylawyer.com .

LawSpeak “The legal profession is the only one in which the chances of error are admitted to be so high that an elaborate machinery has been provided for the correction of error—and not a single error, but a succession of errors. In other trades to be wrong is regarded as a matter of regret; in the law alone is it regarded as a matter of course.” — A.P. Herbert, Uncommon Law (Methuen, 1935) AUGUST 2009 sid ebar • 13

March and May 2009 Civil Trial Terms Jury Trial Verdicts

by Rachel Yantos, Esq., Charles J. Dangelo, Esq., and Thomas L. Jones, Esq.

MARCH 2009 CIVIL TRIAL TERM for the May 2009 civil trial term are f 34 cases listed for the summarized below. March 2009 Civil Jury Trial OTerm, 10½ settled, 19½ BRUCE R. MILLER, INDIVIDUALLY were continued, two were transferred AND AS EXECUTOR OF THE to arbitration, one was a non-jury ESTATE OF NANCY M. MILLER, verdict, and one verdict was entered A/K/A NANCY G. MILLER in a jury trial. The jury verdict for V. the March 2009 civil trial term is LATROBE AREA HOSPITAL, INC., summarized below. CURRENTLY T/D/B/A EXCELA HEALTH LATROBE HOSPITAL, OLIVIA A. FITCH EXCELA HEALTH, INC., JOHN P. V. HORNE, M.D., CHARLENE MARY JANE HOVANEC SALOOM, D.O., MARK NO. 4795 OF 2003 KIELIOWSKI, M.D., MT. VIEW FAMILY HEALTH CENTER, AND Cause of Action: Negligence— EXCELA HEALTH PHYSICIAN Motor Vehicle Accident PRACTICES, INC. This rear-end collision occurred NO. 1255 OF 2007 on September 27, 2001, in Hempfield MAY 2009 CIVIL TRIAL TERM Township. Both parties were traveling f 27 cases listed for the Cause of Action: Professional Negligence east on Old Route 30. Plaintiff’s May 2009 Civil Jury Trial —Wrongful Death Action vehicle was stopped at the stop OTerm, eight settled, 11 were On February 14, 2005, Nancy sign controlling an intersection continued, one was stayed, one was Miller (Decedent) was transported when Defendant, traveling behind transferred to arbitration, one was by ambulance to the Latrobe Area Plaintiff, failed to stop for the stop transferred to non-jury, two verdicts Hospital emergency room. Decedent sign, colliding with Plaintiff’s vehicle. were entered, and three were held to was complaining of hoarseness and Plaintiff claimed injuries to her the next trial term. The jury verdicts continued on page 14 shoulder and cervical sprain. Defendant raised numerous affirmative defenses under the Pennsylvania Motor Vehicle Financial Responsibility Law, and asserted that the impact BARRY B. GINDLESPERGER from the collision was minor. At trial, ATTORNEY AT LAW evidence of future elective surgery (not performed despite the passage 724-853-2464 of eight years from the date of injury) 101 North Main Street, Suite 206A, Greensburg, PA 15601 was precluded. Plaintiff’s Counsel: Cindy Stine, www.gindlespergerlaw.com • [email protected] Gbg. Defendant’s Counsel: Laura R. Accepting referrals in Chapter 7 Signorelli, Law Offices of Twanda and Chapter 13 bankruptcies, Turner-Hawkins, Pgh. Trial Judge: The Hon. Daniel J. and commercial law. Ackerman Referring family law and criminal law matters, Result: Verdict in favor of and certain contingent-fee cases. Defendant. A Debt Relief Agency helping people file for relief under the Bankruptcy Code. 14 • sid ebar AUGUST 2009

Jury Trial Verdicts continued from page 13

blurred vision, and that her face and treatment at the scene, but had foundation tongue were swollen. The hospital a friend take him to the hospital admitted Decedent for a 23-hour later that day. A head and neck scan observation stay, during which was performed and he was given a Decedent experienced episodes of prescription for Percocet. Full tort focus chest pain and was treated by the automobile insurance coverage had Volunteers nursing staff with nitroglycerine. been elected. Despite her bouts of chest pain, Plaintiff experienced ongoing for Justice Decedent was sent home on the problems as a result of a catastrophic morning of February 15, 2005. accident that occurred in 1981. In he Pro No cardiac tests were performed prior June of 2005, a morphine pump Bono to her discharge. At approximately was implanted underneath Plaintiff’s Program 3:30 p.m. on February 15, 2005, abdominal wall, which provided T Decedent’s husband found her significant relief and allowed him to extends thanks to all the attorneys unresponsive and she was subsequently resume many of his activities. Plaintiff who volunteered pronounced dead. contended it was necessary to increase their time from At trial, Plaintiff presented evidence the dosage of morphine from 2.88 mg April through June 2009. to demonstrate that Decedent died to 10 mg a day as a result of the • Kenneth Baldonieri as a result of a cardiac problem and accident. Plaintiff also claimed severe • Michael Bogush that she would have survived had injuries to his back and left shoulder. • John Bumbaugh Defendants performed appropriate The Defendant admitted negligence. • Brian Cavanaugh cardiac testing. Defendants disputed At trial, the medical expert testimony • Eric Dee that Decedent’s death was cardiac- focused on the disputed issue of • Michael DeMatt related, and they introduced evidence whether the 2005 accident caused • Amanda Faher to show that they complied with the an aggravation of Plaintiff’s previous • Rebecca Fenoglietto standard of care. condition. • Charles Fox IV Plaintiff’s Counsel: Rudolph L. Plaintiff’s Counsel: John N. Scales, • Dennis Gounley Massa and Gary A. Butler, The Massa Meyer, Darragh, Buckler, Bebenek & • Peggy Hooker Law Group, P.C., Pgh. Eck, P.L.L.C., Gbg. • James Horchak Defendants’ Counsel: David R. Defendant’s Counsel: Christopher M. • Larry Kerr Johnson, Thomson, Rhodes & Cowie, Fleming, Snyder & Fleming, Gbg. • Maureen Kroll P.C., Pgh. Trial Judge: The Hon. Daniel J. • Robert Liotta Trial Judge: The Hon. William J. Ackerman • Irene Lubin Ober Result: Verdict in favor of Plaintiff • Shirley Makuta Result: Verdict in favor of Plaintiff in the amount of $2,000.00, which • Philip McCalister in the amount of $1,500,000.00. was molded to $10,000.00 pursuant to • Paul Miller, Jr. a binding high-low agreement entered • Debra Nicholson PAUL WASSEL into by the parties.  • Terry O’Halloran V. • Bradley Ophaug KENNETH LUDVIK • Dennis Persin NO. 7859 OF 2006 • Pamela Roudebush Cause of Action: Negligence— Mark Surace & • Mark Sorice Motor Vehicle Accident Associates • Peggy Tremba This motor vehicle accident • Todd Turin Residential Construction Experts occurred on State Route 130 in Consulting Work – Litigation • Ron Zera the Village of Pleasant Unity on Detailed Reports If you would like to volunteer September 24, 2005. As Plaintiff State-Certified Building Inspector your time or resources to provide slowed to turn, he was rear-ended legal help to the indigent of Bus: 724-258-3989 by Defendant’s vehicle, which knocked Fax: 724-258-3376 Westmoreland County, please his car off the road and through [email protected] contact Pro Bono Coordinator a fence. Plaintiff declined medical Iva Munk at 724-837-5539.  AUGUST 2009 sid ebar • 15

Westmoreland Revisited Hugh Henry Brackenridge

by The Hon. Daniel J. Ackerman

f, in your morning commute, you Were this his only contribution we are consoled by the thought that might offer him our passing thanks Iat least you are not jammed on and give him no further thought. But the parkway en route to Pittsburgh to the life of this lawyer, judge, justice, earn your living, you can thank Hugh publisher, and writer, which spanned Henry Brackenridge, the years 1748 to 1816, deserves our who, in large part, consideration. saw to it that this Born in Scotland, he immigrated to county would this country with his parents when he not be burdened was five years old to an area in York with the ills of a County—which was then considered metropolitan center. the frontier—known as the Barrens. It was Brackenridge, Educated by a local minister, by age 15 then a resident of he was teaching school in , Westmoreland and at 19 he enrolled in the College of L County, who New Jersey, now Princeton, graduating The Hon. Daniel J. introduced the in 1771. There, his closest friends were Ackerman legislation and L , future U.S. President, provided the impetus Hugh Henry Brackenridge is depicted in and , who subsequently that led to the conversion of the this painting by Clayton Braun, which was would be known as the poet of the western part of our county into the copied from an original painted by Gilbert Revolution. The three were members new county of Allegheny in 1788. Stuart. continued on page 16 16 • sid ebar AUGUST 2009

Hugh Henry Brackenridge continued from page 15 of the Whig Society. Brackenridge and He, like so many others, began Gazette, the first newspaper west of Freneau collaborated on literary efforts, looking west. Of Philadelphia he said, the Alleghenies and the precursor of one being “The Rising Glory of “I saw no chance of being anything in the Post-Gazette. America,” a poem predicting a North that city, there were such great men A lawyer anxious for a printing American nation which ran from sea before me.” In 1781, press may well have to sea, which Brackenridge recited at he began a new political ambitions. their graduation; and another, curiously phase in his life as Brackenridge chose titled “Father Bimbo’s Pilgrimage to a frontier lawyer to run for office and Mecca,” credited as the first work of practicing in the was elected to the prose fiction written in America. small Westmoreland general assembly in After graduation, he remained at County town of 1786. As a legislator, the college for another year to pursue Pittsburgh, which, he successfully religious studies. He then became the nonetheless, was still labored for the headmaster of a Maryland academy the largest settlement establishment of the for a time and returned to Princeton in Western Pittsburgh Academy, to obtain a master’s degree. While Pennsylvania. He which would he was never ordained, he became a would later write of become Western chaplain in Washington’s army during his new home, “This University of the Revolution and earned a reputation town in the future Pennsylvania and, for rousing patriotic sermons. will be a place of later, the University In 1778, he and Freneau began great manufactory of Pittsburgh. As publishing the United States Magazine … indeed the L mentioned, he in Philadelphia. It was designed to greatest on the Brackenridge’s “Modern Chivalry,” a introduced the bill be an intellectual journal, which, continent or perhaps satirical novel of American manners for the creation of among other things, advocated the the world.” and morals, was considered the first Allegheny County emancipation of slaves and their Such was his important fiction dealing with life on that passed in 1788, colonization in the west. The magazine confidence in the frontier. and was the only soon failed, however, and Brackenridge this area that he legislator from began studying law under Samuel persuaded John Scull to bring a to support Chase in Annapolis. At age 32 he was printing press and type over the the formation of a Pennsylvania admitted to the Philadelphia bar. mountains and establish the Pittsburgh convention for the purpose of ratifying the United States Constitution. STINE & ASSOCIATES, P.C. It is rare for a legislative body to deal with so many weighty matters in www.stinelawfirm.com a single term, but one term was all Brackenridge was to have. Being a Federalist he was a strong supporter of Referral fees paid for: the central government during the Whisky Rebellion, and opposed the WORKERS’ COMPENSATION creation of a 14th state from PERSONAL INJURY Pennsylvania’s western counties in what was known as the “Westsylvania SOCIAL SECURITY DISABILITY • FELA Dispute.” These positions put him at odds with the populist sentiment MESOTHELIOMA & Asbestos Cancer Cases prevailing in the area and he was defeated in his bid for reelection. – representing injured persons only – A bid for a congressional seat failed In Westmoreland, Allegheny, Cambria & all western PA counties Cindy Stine, Esq. when defeated him, but his political fortunes turned when

231 S. Main St., Ste. 205 724-837-0160 Governor Thomas McKean appointed Greensburg, PA 15601 [email protected] him to the Pennsylvania Supreme Court in 1799. By that time, AUGUST 2009 sid ebar • 17

Brackenridge had veered away from his into an apartment in the home of a Federalist beginnings and was a local French émigré, Jean Marie, who ran a leader of Jefferson’s Republican Party. tavern on Grant’s Hill in Pittsburgh. Did You g The most unusual aspect of his busy In 1790, he married a woman from Know? life was his status as a literary figure. a German-speaking family; the boy r In four volumes published between was retrieved from the cobbler’s home, he online Lawyer

1792 and 1797, his work, “Modern and sent to live with his stepmother’s o Referral Service Chivalry,” a satirical novel of American parents to learn the language. At age . Tis up and running. manners and morals, was considered seven, the child, Hugh Marie, is then Clients who visit r the first important fiction dealing sent off alone to live with a family in lrs.westbar.org, or with life on the frontier. Louisiana to learn French. Three years www.westbar.org and a considered it “a more thoroughly later, he returned to Pittsburgh, only click on the “Need A American book than any written to find that his proficiency in French Lawyer?” button, will before 1833.” The hero of the work is did not meet his father’s expectations. b be directed to the LRS a Don Quixote-type character with a One would think the boy might want

t website where they can witless sidekick, the latter being so to retaliate, and in a way he did, by select a panel of law admired by a gullible public that he being elected to congress—the office s from a drop-down list, becomes an officeholder. Revisions and sought, but denied to his father. pay the referral fee of additions followed through 1815. We cannot impose judgment, e $30 (if applicable), and It cannot be said that his private life however, unless we apply 18th- be matched with an was typical. He was married in 1785; century standards, which we are attorney who practices the next year a son was born and usually ill-equipped to do. By any w in that area of law. Both

two years later his wife died. A stern standard, however, Brackenridge . the client and attorney and apparently ill-suited parent, he was a major force in the history receive a confirmation eventually, in what reads like a scene of Westmoreland County and the s e-mail. Next time you from a Charles Dickens novel, sends early American frontier. Hugh Henry need to refer someone, r the little boy off to be raised by a Brackenridge died in Carlisle on think lrs.westbar.org. l cobbler and his wife while he moves June 25, 1816, at age 68. 

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Senior living communities www.redstonehighlands.org 18 • sid ebar AUGUST 2009 Actions of 2009 Bench/Bar Conference the Board You Really Should Have Been There JUNE 16, 2009 • Agreed to invite the Medical Society to the Fall Gathering at Latrobe t just wouldn’t feel like June if challenged each other to a race up the Country Club. it weren’t for the annual WBA ski slope. One seasoned attorney • Agreed to make annual contribution I Bench/Bar Conference. The advised Bubba to pick the elder to PBA PAC. weather doesn’t matter. The location Quatrini for next year’s rematch. • Agreed to support President doesn’t matter. All that matters is that Saturday’s programming featured and Michelle Obama’s request to summer officially seems to begin with Bob Johnston, who led a lively session work with state initiative titled “Get Flag Day and the annual WBA on the challenges that the current Help Now, Pennsylvania!” to link Bench/Bar. economic situation brings to the Pennsylvanians facing economic This year’s event was held at Seven practice of law. The final CLE event challenges with existing resources Springs and if you thought you knew featured the judges “speed networking” that may be of assistance to them, this resort, you’d be wrong. The resort and roundtable discussions from each with program to begin July 7 and has had a major facelift. Gone are the of the judicial divisions of our court. continue through September 10 look, feel, and smell of a tired 1970’s Comments on this year’s event on Tuesdays and Thursdays from ski resort. The rooms are totally were very positive. Attorneys, judges, 1-6 pm in the WBA headquarters. redone from carpet to bedding to and vendors really seemed to like the • Agreed to secure a domain name bathroom fixtures. Other refurbishings proximity to Seven Springs. The food for the legal journal and prepare include an outdoor pool, a cabana and service were exceptional and the to launch the law journal site with bar, first-class freestanding spa, and familiar setting was perfect for anyone password protection on the web. luxurious hospitality suites. looking to kick off Summer 2009. • Agreed to continue to work on Much about this year’s conference Join us next year as we return to initiating a “Wills for Heroes” seemed familiar. The events were Seven Springs on June 10-11 for the program for first responders similar: golf, hiking, biking, and spa 2010 Bench/Bar Conference of the and to check about starting services. No one really complained Westmoreland Bar Association. We our own program. about the sameness except perhaps the promise to offer more of the same! • Adopted a whistleblower policy.  • Learned that the WBA website golfers who wanted (expected) lower is up and running and members golf scores. have the option to register online The CLE attracted about 50 for committees, CLEs and other attendees and the movie choice of events. “Good Night, and Good Luck.” was • Agreed to circulate the new a well-chosen and timely selection. “Notice to Defend” language, David Millstein and Jackie Knupp pursuant to Westmoreland County provided opening and closing Rule of Civil Procedure W1018.1. commentary on first amendment to WBA members via e-mail as rights, tying today’s Patriot Act soon as the rule change becomes arguments to the McCarthyism scare. effective.  The vendor hours also seemed familiar until an unexpected rain shower encouraged attendees to chill On The Move ... out, grab a drink or two, and spend the next three hours visiting. L DEBORAH L. JACKSON The evening activities were called “It’s my Cream of Rice. I can't go anywhere has moved to 20 North indoors due to threat of evening rain without my Cream of Rice.” Pennsylvania Avenue, and that left Judge Feliciani and “the” Suite 101, Greensburg, PA band to play to a somewhat smaller— 15601. Her phone number yet livelier—dancing group, while remains 724-836-3848; fax many others headed outdoors to enjoy 724-836-5869; and e-mail what turned out to be a warm summer [email protected]. evening. Additional fun was provided by two young lawyers who (foolishly) wba AUGUST 2009 sid ebar • 19 Candid Camera : 2009 Bench/Bar Conference

L L Yeah, it had been a weird night, but it was about to But for the pot belly, the balding get a whole lot weirder. head, the overly moderate pace and the “come on, pull my finger” gag he tried on nearly everyone, he might have been able to pass for Ben Roethlisberger L all weekend long. The crowd could not have been more eager to get out for the evening's next destination until they realized that they had heard wrong: it was a tapas bar.

L “No, no, Judge, you put your right foot in. L That was your left foot.” “Well, you might try standing straight up for a change, don’t bend your legs in opposite directions, hit the ball with the flat side of the club and aim your body so that at least it almost looks like you’re trying to hit it down the middle of the fairway. Maybe then somebody would play with you.” L “When I count to ten, you’ll wake up feeling refreshed and relaxed, you won’t remember a thing, but you’ll go right to Zales and get me that diamond in the window.”

L Go to www.westbar.org/photos “That last opinion, omigod, what to access more 2009 Bench/Bar a stinker.” Conference photos, and photos from many other WBA events. Click the link to request an L invitation to join the WBA Photos Shutterfly share site to “No. I'm not your junior partner anymore, so get your view photos or order prints. news own goddamn coffee.” PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678

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

SEPTEMBER 2009 30 Civil Litigation Committee, Noon • The 12-step recovery 7 Courthouse closed in observance meeting, exclusively for of Labor Day lawyers and judges, is in OCTOBER 2009 downtown Pittsburgh every 9 Bankruptcy Committee, Noon 3 Annual Fall Gathering, Latrobe Thursday at 5:15 p.m. For 10 Membership Committee, Noon the exact location, call Country Club Pennsylvania Lawyers 15 Family Law Committee, Noon 8 Membership Committee, Noon Concerned for Lawyers at 1-800-335-2572 . Board Meeting, 4 p.m. 12 Courthouse closed in observance 17 • LCL has a new website at Elder Law and Orphans’ Court of Columbus Day www.lclpa.org . Attorneys Committees, Noon 20 Family Law Committee, Noon and judges will find informa - 18 Red Mass, Saint Vincent College, tion on how LCL can help Board Meeting, 4 p.m. them, a member of their Noon family or a colleague who may be in distress. It is confidential and easy to save the dates! navigate. Visit it today. September 18: Red Mass, Saint Vincent College • Lawyers Confidential Help Line: 1-888-999-1941 . October 3: Annual Fall Gathering, Latrobe Country Club Operates 24 hours a day. December 5: Annual Holiday Dinner Dance, Westmoreland Country Club