The Western Pennsylvanian | Spring 2018
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2002 Opinions
ERIE COUNTY LEGAL JOURNAL (Published by the Committee on Publications of the Erie County Legal Journal and the Erie County Bar Association) Reports of Cases Decided in the Several Courts of Erie County for the Year 2002 LXXXV ERIE, PA JUDGES of the Courts of Erie County during the period covered by this volume of reports COURTS OF COMMON PLEAS HONORABLE WILLIAM R. CUNNINGHAM -------- President Judge HONORABLE GEORGE LEVIN ---------------------------- Senior Judge HONORABLE ROGER M. FISCHER ----------------------- Senior Judge HONORABLE FRED P. ANTHONY --------------------------------- Judge HONORABLE SHAD A. CONNELLY ------------------------------- Judge HONORABLE JOHN A. BOZZA ------------------------------------ Judge HONORABLE STEPHANIE DOMITROVICH --------------------- Judge HONORABLE ERNEST J. DISANTIS, JR. ------------------------- Judge HONORABLE MICHAEL E. DUNLAVEY -------------------------- Judge HONORABLE ELIZABETH K. KELLY ----------------------------- Judge HONORABLE JOHN J. TRUCILLA --------------------------------- Judge Volume 85 TABLE OF CASES -A- Ager, et al. v. Steris Corporation ------------------------------------------------ 54 Alessi, et al. v. Millcreek Township Zoning Hearing Bd. and Sheetz, et al. 77 Altadonna; Commonwealth v. --------------------------------------------------- 90 American Manufacturers Mutual Insurance Co.; Odom v. ----------------- 232 Azzarello; Washam v. ------------------------------------------------------------ 181 -B- Beaton, et. al.; Brown v. ------------------------------------------------------------ -
In Re Victor Romm
United States Bankruptcy Court Northern District of Illinois Eastern Division Transmittal Sheet for Opinions for Publishing and Posting on Website Will this Opinion be Published? No Bankruptcy Caption: In re Victor Romm Bankruptcy No. 05 B 46897 Adversary Caption: Pearle Vision, Inc. and Pearle, Inc. v. Victor Romm Adversary No. 06 A 69 Date of Issuance: December 13, 2006 Judge: A. Benjamin Goldgar Appearance of Counsel: Attorney for debtor Victor Romm: John O. Noland, Jr., Chicago, IL Attorneys for Pearle Vision, Inc. and Pearle Inc.: John D. Silk, Rothschild, Barry & Myers, Chicago, IL, Craig P. Rieders, Genovese Joblove & Battista, P.A., Miami, FL UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) Chapter 7 ) VICTOR ROMM, ) No. 05 B 46897 ) Debtor. ) ______________________________________ ) ) PEARLE VISION, INC., and PEARLE, ) INC., ) ) Plaintiffs, ) ) v. ) No. 06 A 69 ) VICTOR ROMM, ) ) Defendant. ) Judge Goldgar MEMORANDUM OPINION Before the court for ruling is the motion of debtor Victor Romm to dismiss the first amended adversary complaint of plaintiffs Pearle Vision, Inc. and Pearle, Inc. (collectively “Pearle”). For the reasons that follow, the motion to dismiss will be denied. 1. Background In deciding Romm’s motion, the court has considered both the first amended complaint and its exhibits, taking all facts alleged to be true. See Hollander v. Brown, 457 F.3d 688, 690 (7th Cir. 2006). The court has also reviewed the debtor’s petition and schedules, along with the district court’s docket and papers filed in the related action styled Pearle Vision, Inc., et al. v. Romm, et al., No. 04 C 4349 (N.D. -
The Power of Partnership
TALK TALK Winchester Nonprofit Org. Thurston U.S. Postage School PAID Pittsburgh, PA 555 Morewood Avenue Permit No. 145 Pittsburgh, PA 15213 www.winchesterthurston.org ThistleThistle The Power of Partnership in this issue: City as Our Campus Partnership with Pitt Asian Studies Center Young Alum Leadership Council Builds a Bridge to Beijing and Beyond Reunion 2009 Urban Arts Revealed Connects WT Students Reflections on the G-20 to Pittsburgh’s Vibrant Arts Community Painting by Olivia Bargeron, WT Class of 2018, City Campus fourth-grader. Winchester Thurston School Winter 2010 Malone Scholars Thistle TALK MAGAZINE Volume 37 • Number 1 • Winter 2010 Thistletalk is published two times per year by Winchester Thurston School for alumnae/i, parents, students, and friends of the school. Letters and suggestions are welcome. Contact Maura Farrell, Winchester Thurston School, 555 Morewood Avenue, Pittsburgh, PA 15213. In Memoriam Editor The following members of the WT community will be missed by Maura Farrell their classmates, friends, students, and colleagues. We offer sincere Assistant Head for Planning condolences to their families. [email protected] Sara Mitchell ‘76, October 24, 2009 Alumnae/i Editor Gaylen Westfall Sara Ann Kalla ‘73, May 31, 2009 Director of Development and Alumnae/i Relations Aline Massey ’62, August 25, 2009 [email protected] Anne Sauers Brassert ‘57, August 28, 2008 Contributors David Aschkenas Suzanne Scott Kennedy ‘52, June 21, 2009 Kathleen Bishop Dionne Brelsford Antoinette Vilsack Seifert ‘32, October 6, 2009 Jason Cohn Lisa Kay Davis ‘97 Max Findley ‘11 John Holmes Condolences Ashley Lemmon ‘01 Karen Meyers ‘72 To Mrs. Marilyn Alexander on the death of her husband, To Gray Pipitone ‘14, Gianna Pipitone ‘16, Gunnar Lee Moses A’98 Robert D. -
Two Locals Perish in Car Crash
Mailed free to requesting homes in Eastford, Pomfret & Woodstock Vol. IV, No. 19 Complimentary to homes by request (860) 928-1818/e-mail: [email protected] ‘Courage is the price that life exacts for granting peace.’ FRIDAY, JANUARY 23, 2009 Two Quiet Corner observes historic inauguration day locals OBAMA SWORN IS AS 44TH U.S. PRESIDENT BY MATT SANDERSON regation, and emerged from that VILLAGER STAFF WRITER dark chapter stronger and united, Barack Obama was sworn in as we cannot help but believe that the perish in the 44th president of the United old hatreds shall someday pass; that States Tuesday, Jan. 20, at the presi- the lines of tribe shall soon dis- dential inauguration, and has solve. …” moved into his new residence with It was estimated that more than car crash his family at 1600 Pennsylvania Ave. two million people crowded the in Washington, D.C. He is the first National Mall and the parade route U.S. president of African-American along Pennsylvania Avenue just to AREA’S FIRST descent. be a part of the occasion. “… We are shaped by every lan- After being sworn in and reciting FATALITIES IN 2009 guage and culture,” said Obama in the oath of office while keeping his Matt Sanderson photo the midst of his inaugural address. left hand over the Lincoln Bible “Drawn from every end of this Bethany Mongeau and her mother Barbara Barrows, both of Brooklyn, attended BY MATT SANDERSON earth; and because we have tasted the inauguration ceremony of President Barack Obama in Washington, D.C., VILLAGER STAFF WRITER Turn To INAUGURATION, A14 the bitter swill of Civil War and seg- page Tuesday, Jan. -
Owner Info with Codes.Pdf
tbl Owners OwnerName Address City OwnerNickname Kurt McDowell 6107 St Rt. 83 Millersburg KURMC A & A Truck Stop Jackson AATRU Jack H Abbey Rd 1 Rt 250 Olena ABBJA Fred Abdalla Box 114 Stratton ABDFR Medina Foods, Inc 9706 Crow Rd. Litchfield ABDNI Aberdeen Truck Parts & Service Budig Dr Aberdeen ABETR Abie's Auto Parts Rt 35 Rio Grande ABIAU Ables Cheese Stores 37295 5th Ave/PO Box 311 Sardis ABLCH Able Pest Control PO Box 1304 Springfield ABLPE Ace Auction Barn Rt 3 Montpelier ACEAU Ace Fireworks Mfg Co Box 221 Conneaut ACEFI Ace Outdoor Adv 137 South Cassingham RoadBexley ACEOU Simon Ackerman PO Box 75109 Cincinnati ACKSI Acme Salvage & Wrecking Co 2275 Smead Ave Toledo ACMSA The Bissman Co. 193 N Main St, PO Box 1628Mansfield ACMSI A C Positive Box 125 Berlin ACPOS Ad America Inc 647 W Virginia 312 Milwaukee ADAME Ada Motel Inc 768 N Main St Ada ADAMO Adams Outdoor Adv 3801 Capital City Blvd Lansing ADAOU Adco Empire 1822 E Main Columbus ADCEM Adkins Speed Center Rt 1 Box 22 Port Washington ADKSP John Cleveland 8249 Big Run Rd Gambier ADVCH Advent Construction Inc Box 442 Greenville ADVCO Advent Drilling PO Box 2562 N Canton ADVDR Advergate Inc 30415 Hilliard Blvd Westlake ADVIN Advan Outdoor Inc PO Box 402 Sutersville ADVOU Advance Sign Co 900 Sunnyside Rd Vermilion ADVSI The A G Birrell Co Public Square Kinsman AGBIR AG Credit Aca 610 W Lytle St Fostoria AGCRE Harold L Agee 1215 First St Middletown AGEHA Agnes Carnes 37467 SR 30 Lisbon AGNCA Agri-Leaders Assoc 1318 W McPherson Hwy Clyde AGRLE Agri Supply Co Inc 12015 SR 65 Rt 3 Ottawa -
Calls (This Was Old Days) Were to Secretaries/Pas Of
Excellence. NO EXCUSES! 68 Ways to Launch Your Journey. NOW. Tom Peters 27 March 2014 1 To John Hetrick Inventor of the auto air bag, 1952 2 This plea for Excellence is a product of Twitter, where I hang out. A lot. Usually, my practice is a comment here and a comment there—driven by ire or whimsy or something I’ve read or observed. But a while back—and for a while—I adopted the habit of going off on a subject for a semi-extended period of time. Many rejoinders and amendments and (oft brilliant) extensions were added by colleagues from all over the globe. So far, some 68 “tweetstreams” (or their equivalent from some related environments) have passed (my) muster—and are included herein. There is a lot of bold type and a lot of RED ink and a lot of (red) exclamation marks (!) in what follows. First, because I believe this is important stuff. And second, because I am certain there are no excuses for not cherrypicking one or two items for your T.T.D.N. list. (Things To Do NOW.) Excellence. No Excuses. Now. 3 Epigraph: The ACCELERATING Rate of Change “The greatest shortcoming of the human race is our inability to understand the exponential function.”—Albert A. Bartlett* *from Erik Brynjolfsson and Andrew McAfee, The Second Machine Age, “Moore’s Law and the Second Half of the Chessboard”/“Change” is not the issue—change has always been with us. But “this time” may truly be different. The ACCELERATION of change is unprecedented—hence, the time for requisite action is severely compressed. -
City Theatre Advances New Play Development in the Midst of the Covid-19 Pandemic
CONTACT: Nikki Battestilli Marketing Director 412-431-4400 x230 [email protected] CityTheatreCompany.org FOR IMMEDIATE RELEASE CITY THEATRE ADVANCES NEW PLAY DEVELOPMENT IN THE MIDST OF THE COVID-19 PANDEMIC Pittsburgh, PA (October 25, 2020): City Theatre remains committed to its support of new play development and launched several new works initiatives this fall, finding innovative ways to support playwrights. City Theatre is excited to announce the creation of the Kemp Powers Commission Fund for Black Playwrights. The fund is made possible through the generous support of award-winning playwright Kemp Powers (author of last season's One Night in Miami..., which has just been adapted by Mr. Powers as a film distributed by Amazon Studios) and will offer an annual commission and developmental support to an early- career Black playwright. "Back in 2019, City Theatre welcomed me with open arms by producing one of my plays, hosting a staged reading of another play, and inviting me to Pittsburgh so that I could interact with some of the dynamic youth playwrights of the city,” said Mr. Powers. “As an artist, it is rare to receive that kind of institutional and community support, and it inspired me to want to pay it forward by offering support of my own to the next generation of storytellers." The first artist to receive the commission is playwright Ty Greenwood. Mr. Greenwood is a Pittsburgh native, Washington & Jefferson College alumni, and recent graduate of the Carnegie Mellon School of Drama's MFA in Dramatic Writing program. The commission will give him the flexibility to work on a new play of his choosing and includes built in developmental support as part of the process. -
Competition Makes Minority Enrollment Small
(£mmtrttntt iaUu GJamptta Vol. LXXVI NO. 8 The University of Connecticut Friday, September 16,1982 j Competition makes minority enrollment small by Liz Hayes Staff Writer few minorities in the state to because there are so few dents to UConn. "It's our goal place more restrictions on to better the situation for the In 1981, the 913 minority begin with, this added com- minority students here to girls than boys. Boys are en- students enrolled at UConn petition makes it more dif- begin with. fall of 1981," Wiggins said. couraged to play football. made up 5.8% of the entire ficult for UConn to enroll the Carol Wiggins, Vice Presi- While the disparity between Girls spend more time study- student body, but state fig- numbers of minorities they dent of Student Affairs and minority and non-minority en- ing and learn to organize their ures show that minorities ac- would like to. Services, said that she was rollment is great, the ratio of time much better." he said. count for 9.9% of Connecticut's Williams said that the main "concerned that there seems male to female students at Vlandis said that he felt total population. reason minorities choose to be such a small percentage UConn is nearly 50:50, accord- those students who knew The reason for this dis- other universities over UConn of minority students at the ing to the 1982-83 University how to organize their time crepancy, according to Larry is because UConn doesn't university. We are very active- of Connecticut Bulletin. well were able to get higher Williams, Assistant Direc tor of offer the financial aid and ly trying to do something The Bulletin's registration grades than those students Admissions at UConn. -
Presents... October 30-November 7, 2010 New Hazlett Theater
presents... Written by Washington Irving Adapted by F.J. Hartland Directed by Mark Calla October 30-November 7, 2010 New Hazlett Theater Generously funded by and supporters like you! FOR TEACHERS EDUCATOR PREVIEWS Come join Prime Stage Theatre for our *FREE* Educator Previews during our final dress re- hearsals! All attendees are allowed to bring one adult guest, also free of charge. Previews begin at 8 pm and take place at the New Hazlett Theater in Pittsburgh’s Historic Northside (www.newhazletttheater.org). Please RSVP to [email protected]. The Legend of Sleepy Hollow Friday, October 29, 2010 The Glass Menagerie Friday, March 4, 2011 Antigone Friday, May 13, 2011 PROFESSIONAL DEVELOPMENT WORKSHOPS Prime Stage Theatre is thrilled to announce its next professional development workshop, “Improvising the Classics” on Monday, March 14, 2011 from 8 am-3 pm at the New Hazlett Theater. This workshop will provide practical improvisational exercises to use in your class- room that can work on any classic curriculum text to explore characterization, tone and mood, and plot development. To register for the workshop, please download a brochure at www.primestage.com/workshops.htm. PERUSAL SCRIPTS Excerpts from scripts of all our productions are available for your perusal. Please email the Education Director, [email protected], to request a copy. Generously funded by and supporters like you! FOR TEACHERS & STUDENTS POST-SHOW CHAT SESSIONS Stay after the school matinees to ask questions of both the actors and the characters! During the 20-minute post-show chat sessions, delve into the minds and reasoning of the characters and then ask questions of the actors about the rehearsal process, theatre performance, and their ex- periences working on that particular production. -
To Download the Show Notes!
About the Play By August Wilson SYNOPSIS As urban planning threatens the demise of a popular lunch counter in Pittsburgh’s close-knit Hill District, owner Memphis struggles with whether or not to sell, and at what cost. Wilson’s intimate portrait of a time of extraordinary challenge and change in our country is Weston’s 4th annual American Masters production. Directed by Reginald L. Douglas, Artistic Producer of City Theatre in Pittsburgh, this production will bring audiences into the middle of the action of this timely American masterpiece. From left to right: Bernard Gilbert, Beethovan Oden, Eboni Flowers, Cary Hite, Guiesseppe Jones, Raphael Peacock. Not pictured: Lawrence Evans. (Photo by Hubert Schriebl) ABOUT THE PLAYWRIGHT AUGUST WILSON (née: Frederick August Kittel, Jr.) was one of America’s most prolific twentieth-century playwrights. He was born in Pittsburgh in 1945 and grew up in the Hill District, where he would later set nine of his ten Century Cycle (or Pittsburgh Cycle) plays. The Century Cycle traced the daily experiences of African Americans, decade by decade, throughout the twentieth century. Wilson left school at sixteen after falsely being accused of plagiarism by a teacher. He focused on developing his writing while working various odd jobs, frequenting the Carnegie Library of Pittsburgh so often that he later received an honorary high school diploma from the institution. At 20, he began writing poetry, often working in bars and diners to capture the voices of the people around him. His work was also influenced by Malcolm X, the Black Power movement of the 1960s, blues music, and writers August Wilson such as James Bob Child (Associated Press) Baldwin and Ed Bullins. -
Cowen Research Themes
COWEN RESEARCH THEMES EDGE COMPUTING2021 & 5G MOBILITY TECHNOLOGY ESG & ENERGY TRANSITION ROBOTICS & AUTOMATION NEW PARADIGMS IN COMPUTING CONSUMER TRANSFORMATION CANNABIS LIQUID BIOPSY TARGETED THERAPIES CENTRAL NERVOUS SYSTEM ELECTION 2020 U.S. / CHINA COMPETITION & DECOUPLING BIG TECH & GOVERNMENT EQUITY & FAIRNESS COWEN TABLE.COM/THEMES2021 OF CONTENTS COWENCOWEN.COM/THEMES2021RESEARCH FROM COWEN DIRECTOR OF RESEARCH ROBERT FAGIN COVID-19 forced a year of “creative destruction,” wherein businesses rushed to challenge conventional models and adapt to new norms. In many cases, such as with e-commerce and telehealth, a multi-year march toward adoption was dramatically accelerated by a stay-at-home and work-from-home environment. Simultaneously, a politically and socially charged atmosphere, including a contentious U.S. election and deepening geopolitical rifts such as United States- China relations, further increased market tension and uncertainty. Remarkably, despite this backdrop of general unease and disorder, extraordinary innovation persisted in areas as diverse as targeted medical therapies, edge computing, 5G, robotics and automation, electrified transportation, and the adoption of clean energy. In this Handbook, we once again feature themes where Cowen’s domain expertise has been central to the discussion and debate. In nearly all cases, Cowen Research EDGE COMPUTING & 5G PAGE 4 | VIDEO PODCAST offered its hallmark collaborative approach to help inform our viewpoints, working MOBILITY TECHNOLOGY PAGE 10 | VIDEO PODCAST across sector teams to provide valuable perspective, and incorporating the views of our Washington Research Group in a rapidly shifting political environment. Each ESG & ENERGY TRANSITION PAGE 16 | VIDEO PODCAST theme highlighted is accompanied by a listing of relevant Cowen reports and events, which we hope supports deeper engagement on these pivotal issues. -
Two University Deans to End Terms After This Year
Wearable devices create Swimming and diving teams Halloween costume ideas questions about privacy • A7 win big in first meet • A10 right from your closet • B6 FORUM SPORTS PILLBOX thetartan.org @thetartan October 28, 2013 Volume 108, Issue 9 Carnegie Mellon’s student newspaper since 1906 President Suresh elected to Institute of Medicine CHRIS GALVIN Academy of Engineering, Suresh is the only cur- I feel very honored, especially pursuit of science, engineer- cause it’s an honorific soci- Junior Staffwriter make Suresh one of 16 Ameri- rent university president and being an engineer, to be in- ing and medicine,” as stated ety.” cans to be elected to all three first Carnegie Mellon faculty cluded in the medical com- on the organization’s website. “For example, the Insti- The Institute of Medicine national academies. member to have earned this munity [because] biomedi- Speaking of the Institute tute of Medicine came out honored President Subra “Being in all three acad- recognition. cal work is very satisfying,” and the National Academies, with a report on a number Suresh by electing him as a emies is a very small group Including Suresh, there Suresh continued. Suresh said, “They have a of diseases, including topics member of the institute in of people, and I am particu- are 41 Carnegie Mellon fac- The Institute of Medicine is unique platform because it’s such as obesity in the country, recognition of his research in larly pleased that it happened ulty members who are mem- an independent organization an independent organization what policies should be there, cell mechanics on Oct.