thesidebar

Back issues from 2000 to the present and a THE NEWSLETTER OF THE comprehensive, searchable index are available WESTMORELAND BAR ASSOCIATION online at www.westbar.org/thesidebar. VOLUME XXIV, NUMBER 5 NOVEMBER 2012

Westmoreland County Row Offices New Things Under The Sun

eah, we all know the row offices. They are, and always have been, those never-changing, immutable, orderly bastions of record keeping and document storing, whose sole function Y in life is to track the quiet transactions of desperate lives. Even the names hearken back to ancient, pastoral England where the Prothonotary, the Register of Wills, the Sheriff, the Recorder of Deeds, and the Clerk of Courts all first appeared as a civilized alternative to the then-current practice of settling one’s affairs by running one’s neighbor through with a broadsword. Ah, but if you think that when it comes to the row offices there is nothing new under the sun, well then, once again, you’d be wrong. The long-term denizens who held those positions year after year after year are gone now, replaced by a new generation of office holders. We thought it might be an appropriate time to inquire of them what changes they have brought to their high office during their stewardship thus far. We also thought we’d share that information with you.

PROTHONOTARY firm to finish all the scanning. I’ve “I’ve established an administrative CHRISTINA O’BRIEN also started an immigration and hearing procedure for those people naturalization book project to make who are no longer under court t’s been many those records available online for supervision but who still have years since Harry S. I people interested in genealogy. The outstanding fines, restitution Truman inquired of original records are very fragile and payments, and costs owing. We David L. Lawrence this is a way to preserve them. already have one hundred such during a parade in Pittsburgh in “In addition, we will soon hearings scheduled in November the 1950s, “What the hell is a begin accepting credit cards for filing alone. Our objective is to work prothonotary?” Well, unlike the fees. That should make it easier for out payment plans or proceed with President of the United States, we attorneys. I also am very interested in contempt hearings. In the year 2010, all know what a Prothonotary is, that setting up e-filing.” we collected almost $5 million in in Westmoreland County the office is fines, restitution payments, and costs. currently held by Christina O’Brien, And we now proceed with driver’s and that she is determined to bring CLERK OF COURTS BRYAN KLINE license suspensions for Motor Vehicle new services to the office. Code infractions in which there are “I’ve broadened the scope of s Clerk of unpaid monies.” passport services,” she says, “and ACourts, Bryan The Administrative Offices of the we now take passport photos in Kline has also made Pa. Courts (AOPC) has appointed the office. Instead of having to go some meaningful Bryan to the statewide Restitution elsewhere for the photos, passport changes in the way Task Force where he works with applicants can get all their passport the office functions. The Clerk’s office colleagues from around the state on stuff done in one stop. We’re also now accepts online payments for fines the intransigent problem of collection. back-scanning all filed documents, and restitution. He has been very Bryan is also considering except for divorce files and sealed active in modernizing the office’s implementing e-filing, even though, cases. We’re back to 1997 now and approach to the collection of fine have contracted with an outside and restitution payments. continued on page 8

IN Remembering Civics Jury New To-Wit: THIS President’s Our Education Trial Member by S. ISSUE 211Message 3Colleagues 9Program Verdicts 12 Sketches13 Sponte 2 • sidebar NOVEMBER 2012

President’s Message Pride In Membership

by David S. DeRose, Esq.

ver the past months as Bar President, I trust that I have O conveyed a message that I am proud to be a Westmoreland Bar Association member. There are a host of reasons why, and I know, of course, that you share my opinion. Sometimes, we all have an “a-ha” moment and the organization’s strength L and viability manifests On September 8, 2012, WBA member Don Rigone (at far right of left photo) and retired itself when you were WBA member Ralph Conrad (at center of right photo) led a daylong tour of Antietam least expecting it. National Battlefield in Sharpsburg, Md., for WBA members and their guests. In September, I went on the WBA-sponsored trip to the Antietam Battlefield. September 17 of this year in every respect, exceeded any exactly the type of thing that we, marked the 150th anniversary of expectations that I may have had. as an Association, need to promote to the bloodiest single day in American The pride I feel in our organization improve the professional image issue military history. Our group, which is in no small part represented by that looms around us. We had two consisted of about a dozen attorneys Don and Ralph’s well-researched, attorneys who are obviously extremely and their guests, and several other informative, insightful, and articulate knowledgeable about the events of the members of the public, were hosted description of the events of that American Civil War, but were willing for the day by our battlefield guides, single-day Antietam battle. to share their time and talents with us WBA member Donald Rigone and I have been to many Civil War as a group and with members of the retired member, Ralph Conrad. battlefields and taken different types public in a most memorable day. As I boarded the bus that Saturday of tours with park rangers and others, In July 2013, we will commemorate morning for what would be an all-day and no one in my experience has the 150th anniversary of the Battle tour of the battlefield, I expected to be anything on the Rigone and Conrad of Gettysburg. I would hope that educated. Let me tell you that this day, Civil War school. You really had the we could encourage the Rigone and feeling in listening to them that you Conrad Civil War school to go on the were actually there, 150 years ago, road again, but this time it would be witnessing the battle. Both were able wonderful to fill two or three buses to relate actual accounts from soldiers with our members, their guests, and who were in the battle; describe members of the public in general. the conditions that existed at that There truly is great talent and time before and after the battle; capability within our organization, name the key commanders for the both law-related and non-law-related. North and the South; chronicle It is up to us to harness that talent troop movements, numbers of troops, and utilize it to not only make our numbers of casualties, and challenges WBA membership more valuable and that were faced because of the number meaningful, but to also help to put to of dead and wounded; and the list rest the negative opinion of attorneys goes on. that exists in the public sector. The members of the public who were on this tour were certainly as equally impressed with the presentation as I had been. This is NOVEMBER 2012 sidebar • 3 Remembering Our Colleagues Donald R. Hacker Timothy J.

Editor’s note: Donald R. Hacker died Thursday, June 7, 2012. McCormick He was predeceased by his first wife, Martha F.; a son, John Robert; and his brother, Thomas Hacker. He is survived by his Editor’s note: Timothy J. McCormick passed away on Sunday, wife, Mary Lou; a daughter, Phyllis Anne Gilland; two sons, June 17, 2012, in Charleston, S.C., after a two-year battle David Hacker and Donald R. Hacker Jr.; a grandson, Robert against leukemia and other health-related complications. He is Dustin Hacker; and a sister, Dorothy Hacker. survived by his wife of 31 years, Linda (Markle) McCormick; son, David; daughters, Meghan (Mike) Denny and Emily by Eric Bononi, Esq. (Samir) Saba; sisters, Mary, Sheila and Joan; brothers, Richard, Patrick, and Jake; a number of nieces and nephews; onald Hacker was a fixture and his devoted canine companion, Max. in our legal community for Dover 50 years. He attended Saint by Michael J. Stewart, Esq. Vincent College and then proceeded on to law school at Georgetown University. ith all due respect to the man Following law school, he completed Officer in the TV commercial, Tim Training School for the United States Navy. W McCormick may have been the most interesting man in the world. L In the Navy, he served as a Lieutenant Colonel during the Korean Conflict. Tim loved life. He loved his devoted wife, Donald R. Hacker, Linda, his children, David, Meghan, and 1985 WBA Directory After his years of service were completed, he set up his legal practice. Don and his Emily, his extended family, friends, his first wife, Martha (now deceased), had four children: Robert dogs, the practice of law, politics and L specifically the Democratic Party, a fine (now deceased), David and Donald, who both reside locally, Tim McCormick and Phyllis Anne, who practices law in Las Vegas. Don is red wine, a good beer, music, the City of survived by Mary Lou Hacker, his wife of 25 years. In his Greensburg, Pawleys Island, S.C., Penn State, Pitt prime, Don was also an avid fisherman and hunter. Basketball, Ninja Turtles, political buttons, collectible pins, Don served the Mount Pleasant School District as storytelling, and conversation with just about anyone who Solicitor for 32 years. In his practice, Don represented would lend an ear. Tim loved laughter and a good time. many types of clients and participated in many types of We lost our colleague, Timothy J. McCormick on proceedings. However, I will remember Don as a man who June 17, 2012, at the age of 59 after a two-year battle took action upon any cause or client he believed in. with leukemia and other complications. It was a trying He often referred to his client as “the little guy,” and time for Tim and his greatest champion, caregiver, and though he rarely had high-profile clients, he supported his loving companion—his wife, Linda—but it was also a time clients whole-heartedly. of great celebration as he walked his youngest daughter, For 53 years, Don was a licensed attorney. Even after he no Emily, down the aisle at her wedding just a few months longer actively handled court cases, he still enjoyed coming to before he died. That night we celebrated Emily’s wedding the office, maintaining a practice, and talking to clients. and the devotion of a loving father and mother amongst Attorney Ted Kostoff once pondered, “… then you might the McCormick family and friends. think, what kind of monument will I leave? Not one of Tim was one of eight children born to Beatrice and brick and mortar or stone, but of thought, because only The Hon. Richard E. McCormick, Sr. He was the brother thoughts live.” If this is the case, and I think it is, then Don of The Hon. Richard E. McCormick, Jr. He graduated Hacker’s monument will be in the thoughts of those he from Greensburg Central Catholic High School, where he served so diligently—all of “the little guys.”  continued on page 4

the the sidebar is published bimonthly as a service for members of EDITORIAL BOARD side the Westmoreland Bar Association. Letters to the Editor should be David J. Millstein, Esq., Editor bar sent c/o WBA, 129 North Pennsylvania Avenue, Greensburg, PA Beth Orbison, Esq., Assistant Editor The Hon. Daniel J. Ackerman, 15601-2311, fax 724-834-6855, or e-mail [email protected]. the sidebar welcomes Abraham Lincoln Impersonator submissions from members or non-members. Please submit to the Articles Editor, c/o WBA. Susan C. Zellner, Associate Editor Back issues from 2000 to the present and a comprehensive, searchable index are available Diane Krivoniak, Managing Editor online at www.westbar.org/thesidebar. 4 • sidebar NOVEMBER 2012

Remembering Our Colleagues continued from page 3 established lifelong friends; Penn State, Westmoreland County’s finest criminal where he established lifelong friends; defense lawyers. He was a member of and the University of Pittsburgh the Westmoreland County Academy of School of Law, where he established Trial Lawyers. lifelong friends. Do you see a trend Tim McCormick was a developing? Tim led the league in DEMOCRAT. A lifetime member best friends. of the Democratic Party, Tim was Tim followed in the footsteps of his well known as an advocate/activist grandfather and father and developed for the values and issues of importance a broad legal practice focusing on at Tim’s memorial service, “Tim’s of his party. He ran for the office criminal defense. He was admitted concern for people was evident in his of Westmoreland County District to the Bar in Pennsylvania in 1979 work. In his criminal practice, Tim Attorney as well as a seat on the and commenced working in the defended the indefensible and spoke on Pennsylvania Superior Court. Tim Westmoreland County Public behalf of those persons who most of us, was a delegate to several Democratic Defender’s Office under the tutelage if we were honest, would never engage National Conventions and his support of his great friend and mentor, Dante in conversation.” and advice were sought by Democratic Bertani. As a Public Defender, Tim Tim was the Solicitor for the City candidates running for local, state, and didn’t just represent his clients, he of Greensburg from 1992 until 2012. national offices. often befriended them. Suffice it to say that in addition to Above all, Tim was a devoted Tim’s affinity for his clients providing the City with his legal husband, father, and friend. continued in private practice. Tim opinion, Tim would offer, at no His irreverence, acerbic wit, and loved the underdog. He was a respected additional cost, his personal opinion entertaining presence will be missed member of our law firm, Stewart, on a multitude of City issues. by all. McCormick, McArdle and Sorice from Tim was an outstanding attorney In the iconic words of James 1981 to 2002. As Barney McArdle said and generally regarded as one of Brown, the Godfather of Soul, NOVEMBER 2012 sidebar • 5

Tim wanted everyone he touched to celebrate life, to … him an Arnold boy at heart. Donetta’s childhood friends “FEEL GOOD.” As Tim lay dying, surrounded by his and their spouses became Ray’s great friends and all family, a chaplain was sought out in the hallways of a remained close friends until his passing. It was just as if Ray Charleston, S.C., hospital. Sure enough, as script would had been raised on Woodmont Avenue, right in Donetta’s have it, a preacher was found and Tim’s last blessing on neighborhood. There is a special bond that exists amongst earth was offered by … the Reverend James Brown. this extraordinary group of people that was very apparent at Tim, you made all of us … FEEL GOOD. Missed, Ray’s memorial service—one that many people will never but not forgotten, on behalf of all your friends.  experience. I had the good fortune of sharing offices with Ray for about seven years in the late 1980s until the mid 1990s. J. Raymond I profited in so many ways from that experience. Ray was like another big brother to me. Ray would always be there Ambrose to help me with a difficult legal issue or guide me on what he thought might be the proper way to handle a particular Editor’s note: J. Raymond Ambrose, Jr., unexpectedly passed matter. He daily demonstrated how he so valued the away on September 27, 2012. Ray is survived by his spouse “people” kind of practice that both of us had. He made of over 40 years, the Honorable Donetta W. Ambrose, Federal clients feel like family. It was nothing for Ray to spend District Court, Western District of Pennsylvania; his son, the first part of a consultation simply talking to clients J.R. Ambrose, and his wife, Eliza Swann, both attorneys of about their families, the community, sports, or some other Brooklyn, N.Y.; and the newest member of the Ambrose family, matter that would make these people feel at home. Often, Ray’s grandson, Edward Swann Ambrose. I would have a client sitting in our common waiting area and before I could get off the telephone or finish with by David S. DeRose, Esq. another appointment, Ray would go out into the waiting room, sit with the clients, and exchange the pleasantries of had the privilege of becoming the day or tell one of his great stories. We all, in those days, acquainted with Ray Ambrose became a part of Ray’s extended family. We warmed to his I more than 35 years ago, largely big smile and hearty laugh. because of my long-standing friend- continued on page 6 ship and hometown connection (Arnold) to his spouse, Donetta. Ray was raised in neighboring New Kensington and thankfully, a L Judge David Weiss divorce master’s J. Raymond Ambrose appointment sparked a beautiful romance. Donetta and Ray were married in 1972 and shortly thereafter, began practicing law together on Fourth Avenue in New Kensington. From the start, this was a dynamic legal duo. Donetta first became a great prosecuting attorney and then a Judge of our Court of Common Pleas, with Ray continuing to do what he loved to do and what he did best, that is, being a small-town attorney with big-city capability. Ray was a very bright man, a quick study, and had great versatility. Ray was far from a one-dimensional lawyer and was not timid about taking on challenges. He could be completing a bankruptcy case and, at the same time, working on a commercial real estate deal, a corporate formation problem, or the administration of an estate. He epitomized a successful general practicing attorney. Further, Ray was always a mentor. He was always willing to extend a helping hand, not only on substantive law issues, but on how to practice law. He helped many young lawyers, including me, grow their practices. Although Ray was born, raised, and practiced law in New Kensington his entire career, many of us considered 6 • sidebar NOVEMBER 2012

Remembering Our Colleagues continued from page 5

Ray was a very generous man to so an only child and, of course, served as a many, on many different levels. That great role model for his own son, J.R. generosity was only magnified by the Ray was an extremely proud father, touching eulogies recited at Ray’s with good reason, and wasn’t shy about memorial service by so many of those proclaiming it! He loved J.R. beyond same friends I referred to earlier. Ray all measure. What’s not to love? As was a man of many good works, works Ray and Donetta have said many for which he did not seek credit or a times, J.R. has brought them nothing pat on the back. He genuinely loved but happiness and has never given helping people. them any reason to pause. This is not Ray is, and will always be, an too difficult to imagine, coming from unsung hero to me. An example of these two devoted and loving parents. his personal generosity, which was huge Where others might have been to me at the time, was Ray satisfying jealous or envious or unable to accept certain office expenses for me over a the successes of their spouse, Ray was period of four or five months while I always the very supportive husband, was out campaigning for a judgeship, supportive friend, and confidant of and had a compromised income. Ray Donetta. He was her champion in didn’t tell me what he intended to do her effort to become our first female or what he in fact did, he just did it. judge in the county and Ray always When I confronted Ray about it, he promoted her career. Ray was a loving quickly put up his hand and exclaimed and devoted husband but, as in many to me that, “We are goombahs !” With L marriages, Ray knew his rank. When a wry smile, he said, “David, this is Ray Ambrose and The Hon. Donetta we practiced together, Donetta would what goombahs do for one another. Ambrose at the WBA 125th Anniversary frequently call the office and Ray You would do the same for me, Gala, October 2011. would hang up the phone and say and I will continue to help you in affectionately, “That was the General. any way I can.” His friends have sincere affection for Duke and Pitt I need to get moving.” similar stories. basketball. There would be gleam Ray’s passing has created a tremen- Ray’s passion for the law and in his eyes if Duke, once again, made dous void in so many of our lives and knowledge of the law were equaled the Final Four or finished as national we no longer have a loving, caring, or surpassed by Ray’s passion for golf. champions. and loyal member of our extended Ray was a true golf aficionado. His In addition to Ray’s love of law, family, this good and decent man, in office and his home are adorned with golf, and other sports, and being our midst. Our loss is heaven’s gain. golf-related paintings, photographs, such a generous friend to so many, Ray If Ray didn’t verbalize being a religious statues, memorabilia, and everything was also a very devoted son. Ray came man, or even spoke sometimes to the golf. Ray could tell you the history from a loving mother, Fern, and father, contrary, I am not buying any of it. of golf, the important golf courses of Ray, to whom their son—particularly I am certain that on the day of Ray’s the world, their layouts, who designed in their later years—was extremely passing, Ray met God. Ray probably them, and something about the attentive. Ray would drop whatever he had a few things he wanted to say, challenges that golfers would face was doing to help his parents in any but God extended his right hand and on those courses. He knew about the way possible. He embraced his role as told Ray that actions speak louder construction and composition of golf than words. Ray’s good works, Ray’s clubs, golf balls, and he just loved to Donald R. Hacker, compassionate and generous nature, play the game. When I think of Ray Timothy J. McCormick, and Ray’s many Christian acts of charity, and golf, I think of the Pittsburgh J. Raymond Ambrose, Jr., will all contributed to God telling Ray, Penguins and Badger Bob Johnson’s be remembered at the WBA “Ray, my goombah, welcome home. refrain—“It’s a great day for hockey.” 51st Annual Memorial Service Some brew and Buffalo Bill chicken In Ray’s life, it was always a great to be held at the Courthouse wings are awaiting you, and your day for golf. Ray was a tremendous in May 2013. Please plan on room overlooks the 18th green.” joining us to honor basketball fan, too, particularly at our colleagues. We love you, Ray, and may you NCAA tournament time. He had a rest in peace. NOVEMBER 2012 sidebar • 7

Nominating Committee It’s Your Chance To Be A Leader

he Nominating Committee is dations to the Board of Directors accepting letters of application on matters concerning the upkeep Tfor positions on the Board of of WBA Headquarters. One Directors, Membership Committee, five-year term is available. and Building Committee. There are two openings on the Board, one The Nominating Committee— opening on the Membership Barbara J. Christner, Esq., Chair, Committee, and one opening Michael J. Stewart, Esq., John K. on the Building Committee. attending each monthly board Greiner, Esq., Kerri Ann Shimborske- meeting, the annual board retreat, Abel, Esq., Samuel R. Coury, Esq., RESPONSIBILITIES and planning retreat, all bar associa- Terrance C. Ferguson, Esq., and • The Board of Directors ensures tion and foundation activities, and Annaliese P. Masser, Esq.—will meet that the WBA’s mission, services, serving at the president’s request. in December to begin preparation policies, and programs are carried Two three-year terms are available. for a slate of nominees to present out. Applicants should have • The Membership Committee is to the Board of Directors and the experience in WBA activities such the first point of contact that most membership of the Westmoreland as chairing a committee, attending applicants have with the WBA. Bar Association. bar functions, and being active in Committee members attend Any member interested in running the bar community. In addition, monthly meetings to personally for the above positions should submit they must be able to think clearly interview and educate applicants their petition to the Chair of the and creatively, and work well with on the workings of the WBA. Nominating Committee, c/o the people, individually and in a group. One five-year term is available. WBA by December 12, 2012. See Interested candidates should know • The Building Committee is the insert in this issue, or download an that the responsibilities include responsible for making recommen- application from www.westbar.org. 

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 8 • sidebar NOVEMBER 2012 New Things Under From the The Sun continued from page 1 Office of the Court at the moment, there are no Rules of March 2013— Criminal Procedure providing for it. the first county row Administrator office to do so. Michael adds that RECORDER OF his predecessor left him with a staff by Paul Kuntz, Esq., DEEDS FRANK well-trained for the opportunities of Court Administrator SCHIEFER the 21st century. rank Schiefer, take this Fas Recorder of SHERIFF opportunity to Deeds, prides himself JONATHAN HELD I update the Bar on being a full-time onathan Held, on two issues of public servant. His primary goal is Jin his first year possible interest: to improve customer service. To that as Sheriff, has the senior judge end, he has extended office hours, implemented many courtroom and reorganized the indexing system, and changes. When he evidence presenters. upgraded all the computers, enabling took office, he discovered that the SENIOR JUDGE them to search back to 1850 rather firearms issued to his deputies were COURTROOM L than be limited to 1943 as before. all old; some didn’t work. He was A twelfth Court He’s also installed a publicly accessible able to secure funding to provide all courtroom Administrator computer on the counter to enable of his deputies with new firearms. He established for use Paul Kuntz title examiners and attorneys to more instituted a new system for receiving, easily do the title bringdown at filing. by senior judges is inventorying, and serving warrants. now open on the fourth floor Frank is particularly pleased that he’s The Sheriff’s office now has the ability been able to accomplish all of these of the Courthouse Annex. The to accept warrants from Magisterial Senior Judges’ Courtroom is beneficial changes without increasing District Judges by e-mail, and deputies his budget one bit. situated between the Pro Bono can access them in their cars with Office and the Attorneys’ mobile computers in their vehicles. Lounge. The court administrator’s REGISTER OF In addition, the Sheriff’s office office has been scheduling WILLS MICHAEL now maintains a “most wanted list” GINSBURG Westmoreland and visiting judges on its website and on Facebook; it’s to hear statutory and summary s Register preparing to assume responsibility of Wills, appeals, protection from abuse A for registering convicted sex offenders; cases, and specially assigned Michael Ginsburg and it has revived a significant federal is determined to matters in that location. Please grant, providing $364,600 to be check your Notice and report modernize the office by utilizing all of used to upgrade technology for the computer and internet advantages to the Senior Judge Courtroom eighteen police departments within if so indicated. currently available. His office now this congressional district. utilizes Facebook and will soon use EVIDENCE PRESENTERS Twitter to advertise audits and issue hen it comes to the The court has ordered press releases. The office’s website offers row offices, it is no longer evidence presenters and associated most forms online and links directly W true that the more things equipment to equip eleven to the Pa. Department of Revenue’s change the more they remain the courtrooms. This equipment website. The office is currently same. The new generation of row will be installed and made scanning documents to expand that officers is ready, willing, and able available as soon after delivery capacity beyond the current 1999, to deal with the latest technologies and is assuring that procedures as possible. For those of you and a kiosk in the office makes these in Westmoreland County are unfamiliar with this equipment, documents more readily accessible for streamlined, manageable and litigators will be able to project title and genealogy searches. user-friendly. It’s a good thing, too. images of documents and other In what is perhaps its most That damned broadsword is a lot evidence to televisions located progressive action, the Register of heavier now than it used to be.  throughout the courtroom.  Wills will start accepting e-filing in NOVEMBER 2012 sidebar • 9 WBA Launches Civics Education Pilot Program

n response to a national outcry over the lack of understanding I that our young people have about how government works, the Westmoreland Bar Association has joined forces with retired Supreme Court Justice Sandra Day O’Connor and leaders within the American Bar Association to expand students’ knowledge about civics education. Justice O’Connor believes young people do have a desire to learn civics because “they want to participate in their government, to change things and better their lives. It’s not just about learning facts and the processes,” L she says. “It’s about learning how to On September 27, recently retired elementary school teacher Diane Persin (seated in make a difference in one’s community, center) prepared Civics Education Program volunteers to go into fifth grade classrooms to teach students how to be good citizens, how and why laws exist, and how they can be part state, or nation.” of the bigger democratic process. The volunteers are, standing from left to right, include: That is precisely what thirteen Mike Stewart, The Hon. Michele Bononi, Jim Falcon, Kelly Tua Hammers, Judi Petrush, volunteer members of the WBA Mark Shire, David DeRose, and Allen Kukovich; seated, Larissa McGrew, Elizabeth are charged with doing with a pilot McCall, Sherry Magretti Hamilton, and Diane Landis Bickers. civics education program, which will focus on fifth-grade students. On September 27, recently retired “Civics education is a road map for Executive Director Diane Krivoniak. elementary school teacher Diane students to learn firsthand about the “We struggled with what grade level Persin spent the lunch hour training creation and enforcement of rules and to focus on, what schools to include laws, and their impact on our daily and what kind of lessons to teach. lives and society as a whole,” says With the help of the PBA and Diane It’s not just about Past WBA President and committee Persin, we feel we are giving this pilot learning facts and member Michael J. Stewart. program our best effort.” the processes. It’s To that end, the volunteers were The WBA board and participating about learning how paired with participating schools and attorneys will evaluate the program teachers, and visited their classrooms after the first year and decide whether to make a difference before Thanksgiving to teach the to take a more advanced program into in one’s community, “No Animals in School” lesson, which the high schools, offer it to all fifth state, or nation. focuses on the importance of rules, the grade classrooms, or abandon it. But need to live within the community, the WBA board sees civics ed as a Retired Supreme Court and the idea of democracy. The leadership role that the Westmoreland Justice Sandra Day O’Connor attorneys will return to the classroom Bar should undertake. “We are glad to in early Spring to teach a mock trial see it launched and we will keep the twelve attorneys and one judge about titled “The Case of the Missing membership informed about our the way fifth graders learn and what Puppy.” Through role-playing, the progress,” explains Diane Krivoniak. their world looks like in today’s students will gain a sense about the America. Mrs. Persin emphasized that real workings of the legal and judicial PARTICIPATING SCHOOLS these students need to learn how to be system. • Aquinas Academy good citizens, how and why laws exist, “The WBA board has worked on • Hillcrest Elementary and how they can be part of the bigger and off for almost two years to try to • Laurel Valley Elementary democratic process. get this program launched,” says continued on page 10 10 • sidebar NOVEMBER 2012 Lawyers’ Exchange Letters to the Judge (Free to all members of the WBA)

our honor, Sir, of her crew whistled at a humpback OFFICE SPACE 16 x 18 furnished, I truly hate to bother you whale hoping that just such a conference room access, copier, fax. Y again. I know you must think musical discharge of breath might Contact Jeff Burzawa 724-837-0357. that my cellmate and I just lie awake entice the creature to linger a bit NEW LAWYER SEEKING POSITION at at night thinking up foolishness to while happy vacationers snapped its small to mid-sized law firm. Graduate irritate you, but this, like most of picture. But some, obsessed with of Duquesne and successful on PA my prior letters, is spurred by facts the power of the law, thought that bar examination, 2012. Honors include reported in the paper. We know there puckering and blowing air across two CALI awards and Duquesne is something afoot in Harrisburg the ocean in an audible manner Alumni Excellence in Writing Award. to reduce the prison population, of was nothing more than blatant Contact Diane at the WBA for details: which we are proud members, but “harassment” of a marine animal, 724-834-6730 or [email protected]. it seems like the prosecutors do not which I’m sure your honor knows necessarily share a similar goal. is a federal crime. The article FOR SALE Xerox WorkCentre6400—2 Now understand, I am in no way says she is indebted to the tune years old. Color copier, scanner, fax. For critical of our local ADAs, who are of $100,000 in legal fees and it’s more information, call The Law Offices an upstanding bunch. In fact I hold still not resolved. of Debra Henry at 724-836-6900. a lasting admiration for the skills On the very same news day, the of the young woman who worked paper ran this: “Airboat Captain so hard to put me here. But, your Who Lost Hand to Alligator Charged.” honor, there is always the danger It seems that the 63-year-old Florida WBA that they might be influenced by captain dangled a dead fish over national trends to prosecute people the side of his boat to entice a lazy Launches who had no thought of doing any gator to come a bit closer to the harm. Jeeter, my cellmate, says nearsighted tourists he was hauling Pilot there used to be a thing called around the swamp, and, well, you “Man’s Ray” which meant that they know what happened. He was Program couldn’t put you in jail unless the charged with feeding alligators, jury found you to be some form of a second-degree misdemeanor. continued from page 9 S.O.B., but now statutes are starting Jeeter says the purpose of the • Metzgar Elementary to omit such a requirement. criminal law is to say to people, • Ramsay Elementary It’s crowded enough in here “Don’t do that.” He thinks the • Rostraver Elementary without adding people who had prosecution might be unnecessary no intention to harm anyone. since the chances of the captain PARTICIPATING ATTORNEYS Case-in-point: It was reported that a offering his remaining hand to • Diane Landis Bickers California marine biologist and whale another gator are somewhat slim. • The Hon. Michele Bononi watch boat owner found herself What do you think? • Jim Falcon defending multiple criminal charges Your friend, • Sherry Magretti Hamilton arising out of an incident when one Ricky H. Benbow, Sr.  • Kelly Tua Hammers • Allen Kukovich Get Connected! • Elizabeth McCall • Larissa McGrew Need access to a free wireless Internet connection in • Judi Petrush Greensburg? WBA members are welcome to stop in the • Mark Shire Lawyers Meeting Room at the Courthouse, or the WBA • Mike Stewart offices, and log on to our free Wi-Fi network. • Mike Stewart II • Denise Thiel  NOVEMBER 2012 sidebar • 11

September 2012 Civil Trial Term Jury Trial Verdicts

by Beth Orbison, Esq., Thomas L. Jones, Esq., and Monique J. Lafontant Mears, Esq.

f twenty-four cases listed health care to him. During his stay for the September 2012 in the hospital, Plaintiff’s husband OCivil Jury Trial Term, four developed a left foot drop. Subsequently, settled and nineteen were continued. on October 22, 2004, he underwent Although two jury trials were back surgery. For reasons unrelated to held, one ended without a verdict. this case, he died in March of 2011, Both are summarized below. at the age of 84. Plaintiff has alleged that Defendant EDENFIELD TRANSIT, INC. departed from the applicable standard V. of medical care in failing to diagnose JASON BRINK AND and treat a transverse sacral fracture AMY SOLOMON at S1 and S2. Plaintiff further alleges NO. 7639 OF 2008 that Defendant failed to treat her Cause of Action: Personal Injury— husband, despite his changing Property Damage—Auto Accident— neurological status and increasing Negligence The parties stipulated to damages pain during his stay at Mercy Jeannette and the only issue presented to the rehabilitation. As a result, Plaintiff On December 17, 2007, at jury was one of negligence. argued that he suffered from cauda 7:24 a.m., Defendant Solomon was Plaintiff’s Counsel: Paul S. equine syndrome and had permanent operating a transit bus, which was Guarnieri, Wexford neurological injuries that continued stopped at a traffic light in the left Defendant Brink’s Counsel: Scott through the rest of his life. Plaintiff turning lane on Route 56, waiting Mears, Jr., Gbg. was seeking monetary damages. to turn onto Hyde Park Road in Additional Defendant’s Counsel: Defendant contends that he met Allegheny Township. The bus was John Bryan, Pgh. the applicable standard of care at all owned by the Plaintiff, Edenfield Trial Judge: The Hon. Richard E. times; and that Plaintiff’s husband Transit. At that same time, Defendant McCormick, Jr. had a known history of back pain Brink was travelling west on Route 56, Result: Verdict for the Defendant and lumbar issues of spondylolisthesis in the opposite direction in a 1999 Jason Brink. with a concomitant spinal stenosis at Ford Escort, when his vehicle collided the L4-L5 level. Defendant further with Solomon’s bus as she turned left DOLORES J. DUDLEY, contends that his condition was onto Hyde Park Road. PERSONAL REPRESENTATIVE chronic and long-standing and The left-turn lane that was occupied OF THE ESTATE OF WILBUR evaluations failed to identify any by Defendant Solomon was controlled DUDLEY, AND DOLORES DUDLEY, acute changes. Initial findings were by a green arrow, yellow arrow, and IN HER OWN RIGHT most consistent with a sacral fracture, red traffic light. Believing that the V. which, while painful, are generally light had turned green, Solomon RAMALINGAM RAVISHANKAR, M.D. clinically stable. Additionally, proceeded to make the left turn from NO. 3730 OF 2006 Defendant contended that the a stopped position. Believing that he MRI of August 23, 2004, and had the green light, Defendant Brink Cause of Action: Medical X-rays of August 25, 2004, revealed proceeded to travel straight through Malpractice—Negligence stable fracture sites. the intersection. Because his view of Plaintiff’s husband, Wilbur Dudley, Plaintiff’s Counsel: Victor H. the entire intersection was blocked went to the emergency room of Mercy Pribanic, White Oak by other buses in his left-turning lane, Jeannette Hospital on August 15, 2004, Defendant’s Counsel: Ronald M. he was unable to swerve out of the with back pain and pain in his sacrum, Puntil, Jr., Pgh. way or stop in order to avoid impact after falling twice at his home earlier in Trial Judge: The Hon. Anthony G. upon seeing Solomon in his path. August of 2004. Various X-rays and an Marsili The front of Brink’s vehicle struck MRI were performed. He was admitted Result: The case concluded after two the passenger’s side of the bus, near on August 19, 2004, and the Defendant days of testimony without the necessity the door. was one of the physicians providing for the jury to reach a verdict. 12 • sidebar NOVEMBER 2012 New Member Sketches

SUZANNE M. BASH has been Mechanical/Biomedical Engineering degree in Criminal Justice from Penn admitted as a participating member of from Carnegie Mellon University, and State, and his J.D. from Western New the WBA. She earned a B.A. in his J.D. from Case Western Reserve England University. Michael is the Communications from the University University. Trent is an associate with Solicitor for the Westmoreland County of Pittsburgh, and her J.D. from the Strassburger McKenna Gutnick & Register of Wills and works part-time Thomas M. Cooley Law School. Gefsky in Pittsburgh. He and his wife, with Avolio Law in Greensburg. He Suzanne is an associate with Jeffrey S. Heather, reside in Pittsburgh. resides in Jeannette and has a son, Golembiewski in Greensburg and MICHAEL D. LAZZARO has joined Gabriel. resides in Ligonier. the WBA as a participating member. ROLF LOUIS PATBERG has NELSON D. BERARDINELLI has Michael attended Wittenburg joined the WBA as an associate joined the WBA as a participating University and Seton Hill University, member. Rolf earned his undergrad member. Nelson earned both his earning an undergraduate degree in degree in Management/Marketing undergraduate degree in Information Marketing. He earned his from Gannon University, Science/Administration of Justice, and J.D. from the Thomas M. and attended Akron his juris doctor degree from the Cooley Law School. He Law School and the University of Pittsburgh. He is a sole currently resides in University of Pittsburgh practitioner, living and working in Pittsburgh. to earn his juris doctor. Murrysville. ERIN M. LEONARD- He is a founding partner HOLLY DEIHL was admitted to SALAS was admitted to of Patberg, Carmody & the WBA as an associate member. She the WBA as a participat- Ging in Murrysville. He earned a B.S. in Criminal Justice from ing member. She earned and his wife, Sharon, live Penn State Altoona, and earned her a degree in History from Saint in Murrysville and have J.D. from Duquesne University. Holly Vincent College, and earned her J.D. four children, Megan, Matthew, is an associate with Goldberg, Persky from Duquesne University. Erin is a Shannon, and Alexa. & White in Pittsburgh. She and her sole practitioner in Delmont, where CANDICE J. RAYMOND has husband, Luke, live with their chil- she lives with her husband, David, and rejoined the WBA as a participating dren, Keegan and Eli, in Sewickley. their children, Isabella and Dylan. member. She earned a B.A. in TRENT A. ECHARD has been MICHAEL L. NESTICO has been Criminology from Indiana University admitted as an associate member of admitted as a participating member of of Pennsylvania, and earned her J.D. the WBA. He earned a B.S. in the WBA. He earned his undergrad from Ohio Northern University. Candice is an associate with Prostko & Santillan, LLC, in their Greensburg office. She and her husband, Michael, live with their daughter, Caylin, in Looking for a special way Mount Pleasant. MAURA S. SPILLANE has joined the WBA as a participating member. Birthsto• Deremathsember• Marriagessomeo• Annne?iversaries Maura earned both her undergraduate Making Partner • Passing the Bar degree in Political Science, and her juris doctor degree from the University ince 1991, the Westmoreland Bar Foundation has raised of Pittsburgh. An associate with Abby thousands of dollars to assist the poor, disabled, elderly and De Blassio in Greensburg, she resides Schildren in our community. Through the Memorial Program, you in Pittsburgh. can honor a colleague or loved one with a contribution to the EMILY K. TRISOLINE has rejoined Foundation. Your gift will help serve the needs of our own who have the WBA as a participating member. nowhere else to turn for legal services. She earned a bachelor’s degree in If you would like to make a gift to the Foundation as History from Edinboro University a meaningful expression of respect, please make of Pennsylvania, and earned her check payable to the Westmoreland Bar Foundation J.D. from Duquesne University. and mail to WBA Headquarters, 129 N. Pennsylvania Emily maintains an office in New Ave., Greensburg, PA 15601. Kensington, where she lives with her husband, Jason.  NOVEMBER 2012 sidebar • 13 To-Wit: The Sound of Silence

by S. Sponte, Esq. of necessity that I use it; the strict like old smoke, confidentiality agreement demanded and I can feel the just hate this. I’m sitting here by the defendant completely prohibits discipline of silence alone in the dark, shivering and me from gloating. slowly, inexorably I shaking, blanketed against all From the get-go, the case was a slipping away. light and sound and relentlessly aware vicious, knock-down, drag-out fight, All lawyers talk that I am now by contract bereft of about their cases; tongue, in cheek or otherwise. For a its endemic, and guy who has spent the better part of The answers that I’m no different. his adult life gushing words like a we can’t get for We deal with so fountain of couth, this is intolerable. ourselves we can many staggering vagaries that every It is essential for me now to case, no matter how it’s resolved, leaves avoid all human contact. I can’t even sometimes get from in its wake unanswered questions: allow my dog in the room, for we all others, be they How was my closing? Was my trial know of the vaunted and uncanny lawyers or people. strategy sound? Should I have been a intelligence of golden retrievers and dentist? their abrading inability to keep their Talking about it is the way we mouths shut. with no quarter asked and none given; sort out our insecurities. The answers This abysmal torment started soon well, none given until it was over. that we can’t get for ourselves we can after I ended the most difficult and Then there were plenty of quarters. sometimes get from others, be they contentious case of my career. “Ended” At first, I thought maintaining lawyers or people. is the only word I can come up with confidentiality would be no big deal. But the way this most difficult that implies nothing about whether Now though, several weeks later, the case “ended,” with no verdict to the result favored my plaintiff, and it is case still haunts me, lingering around continued on page 14 14 • sidebar NOVEMBER 2012 To-Wit: The Sound of Silence continued from page 13 wwhheerere iinn provide formal acknowledgement Yes, pie. Here’s what I propose. In ththee wworlorldd of superiority, and saddled by this any case that “ends” short of a verdict, ISIS THETHE WBAWBA ungodly prohibition against talking, let’s have the trial judge review the MEMEMBER?MBER? I have precious little way to satisfy record and decide who did the better myself that I did a good job. job. Then let’s have the judge call You know, professional fighters are counsel into open court, step down really the lucky ones. No, not the part off the bench and hand the winner a where they get their noses broken or banana cream pie. their eyes split open or their skulls You know what comes next, don’t cracked. That’s not very lucky. I mean you? Oh, and it will be glorious. I do the part where they do that to their so love the sound of meringue hitting opponents, then stand over those skin at speed. If you record it and play Phil McCalister and his wife, bleeding, broken carcasses in clear it back slowly, you can almost hear the Maria, visited the Palace of triumph; or the part where the referee word “loser.” It’s either that or “Paul is Versailles during their trip to Paris, raises their arm at the end of a fight to dead.” I’ve never been sure which. France, this April. The palace signify for all to plainly see who’s the And we need to implement this has 2,153 windows, 2,300 rooms, mightiest of them all. plan soon, oh please. I don’t know and 67 staircases in more than We need a system like that. I’m how much more of this preternatural 720,000 sq. ft. of space, and not suggesting we settle disputes by taciturnity I can endure, and I really, houses over 30,000 works of art. engaging in fisticuffs with opposing really, really miss that dog.  counsel. That’s not civilized and many © 2012, S. Sponte, Esq. of them are bigger than me. No, I had Can’t get enough Sponte? More articles PPARARIS,IS, FRANCEFRANCE something else in mind: pie. are online at www.funnylawyer.com.

NED J. NAKLES, JR. NAKLES and NAKLES 724-539-1291 www.nakles.com

Million Dollar Advocates Forum American College of Trial Lawyers (Inducted in London, England, 2007) Westmoreland Academy of Trial Lawyers Best Lawyers in America Pennsylvania Super Lawyers Pittsburgh Magazine: Best Trial Lawyers in Westmoreland County Philadelphia Magazine: Top Attorneys in Pennsylvania

I would be happy to accept referrals on Personal Injury and Wrongful Death cases. Reasonable referral fees are paid in accordance with the Code of Professional Responsibility. NOVEMBER 2012 sidebar • 15

BR I EFL Y Nafotioundanal ProtioBonon focus Week Celebrated, SPEAKING Volunteers Thanked Raymond W. Bitar was inducted into the Slippery n recognition of National Pro • Sandra Davis Rock Men’s Soccer Ring of Bono Week, which was observed • Eric Dee Honor at an awards banquet I October 21–27, 2012, the WBA • Robert Domenick held on Friday, October 12. thanks the attorney volunteers of the • Karen Ferri The award recognizes his Westmoreland Bar Foundation • Richard Flickinger outstanding accomplishments Pro Bono program for their • James Fox for Slippery Rock Soccer and his career after outstanding work • Mark Galper graduation. Ray earned a B.S. in education from SRU in 1963, where he was a leading scorer throughout the • Timothy J. Geary • Barry on the varsity soccer squad and captain of the year. Over 400 1963 team, receiving numerous All-American Gindlesperger indigent clients nominations. After graduating from SRU, Ray are represented • Jeffrey taught mathematics at several area high schools, each year through Golembiewski while continuing his own education, earning his our local pro bono • Adam Gorzelsky Master’s of Education in math from Indiana program in areas • Peter Gough University of Pennsylvania, and his J.D. from including: custody, • Dennis Gounley Duquesne. He and his son, Scott, are partners at divorce, landlord/tenant • John Greiner Bitar & Bitar in New Kensington. disputes, employment • Melissa Guiddy issues, credit problems, and • James Horchak other civil areas of law. • Deborah Jackson In a recent video interview, • James Kelley, Jr. participating pro bono lawyers were • Karen Kiefer asked “what is your pro bono?” You • Maureen Kroll can view their responses online at • Morrison Lewis, Jr. From left to right: SRU Varsity Soccer Coach www.westbar.org or on YouTube: • Robert Liotta Lou Egli, and Captains Ray Bitar, Herb http://www.youtube.com/watch?v=Vh • Charles Mason, Jr. Lauffer, and Tom O’Connor, circa 1963. 2xYm1TJY8 • Philip McCalister Thanks to you, the WBF Pro Bono • Zachary Mesher Lee R. Demosky was named volunteers! • David Millstein • John O’Connell, Jr. an Alumni of Distinction by • Steven Allias Saint Vincent College at a • Gino Peluso • Maria Altobelli reception and dinner on • Timothy Andrews • Dennis Persin Friday, October 5. The awards • James Antoniono • Ian Petrulli are given by the SVC Alumni • Mary Baloh • Jessica Rafferty Association in recognition of • Suzanne Bash • Mark Shire meritorious service and commitment to Saint • Richard Bruni • Robert Slone Vincent. Lee graduated with high honors in 1992 • John Bumbaugh • Tom Smith with a B.S. in political science and minors in • Faith Burns • Mark Sorice public administration and history. At SVC he was a • George Butler • Michael Stewart member of the scholar program, and was named best orator in the SVC Mock Trial Competition. A • Brian Cavanaugh • Michael Stewart II • Mark Wible partner with Meyer Daragh Buckler Bebenek & • Peter Cherellia Eck in Greensburg, Lee serves on the WBA board • Ron Zera • Debra Cribbs  of directors and is a member of the • Amy Cunningham Westmoreland County Academy of Trial Lawyers. 16 • sidebar NOVEMBER 2012

t is easy to see why, when Judge the game, they flew to Las Vegas, Richard E. McCormick, Jr., took who’s rented a car and drove to Williams, I the bench in 1990, he re-hired his THEwhoCOURTHOU@SE Ariz., where they hopped on a train to former secretary from private practice, the South Rim of the Grand Canyon. LAURA RICHARDSON. Laura is the BY A MY D E M AT T, ESQ . Visits to the Hoover Dam and Red embodiment of contagious energy. Rock Canyon rounded out the trip. She first began working for Judge McCormick the Even though her husband almost stepped on a rattlesnake month after her graduation from business school in 1981, during one of his travels west, Laura seems game to try any when the Judge was in private practice. She worked for adventuresome activity. She enjoys biking, fishing with her him until 1982, when she left the law offices of Stewart, husband, and traveling. Her trips have taken her to the McCormick and McArdle to begin her career with Caribbean—where she had a “dream-come-true” wedding Westmoreland County—first with the in the Bahamas two years ago—and hiking in Yellowstone Children’s Bureau, then as a secretary National Park, the Rocky Mountains, the Grand Tetons, for Judge Charles E. Marker. and Arches National Park in Utah. Ireland is next on her Laura always knew she wanted to bucket list. work in an administrative role, because Laura loves the outdoors. She maintains a flower garden, she loves interacting with people. She is which she describes as “good therapy.” She loves animals, most proud of working for a great judge, in particular her miniature poodle, which she adores and whom people admire and respect, and refers to as “our four-legged daughter.” She also plans takes seriously the idea that in her dealings to take up piano lessons again, having taken lessons for with the public, it may be necessary to three-and-a-half years when she was younger. L “go the extra mile” to help people get their Above all, Laura values her family and thanks her parents Laura Richardson goals accomplished through the courts. She for the person she is today. She loves entertaining family— sees her role as a reflection of the Judge, from organizing family reunions to planning an upcoming and therefore incorporates her personal philosophy—to surprise birthday party for her mom who turns 85. Laura treat others as she would prefer to be treated—into her also feels that Judge McCormick’s staff is like family to her. work ethic. Laura often hears out-of-county lawyers say that “When you work together, you become very close,” she “it’s such a pleasure to practice in a county such as ours in remarks, noting that she will particularly miss Janice which people are so friendly and accommodating.” Weimer, the court assistant, who retired in September. Laura’s personal life seems to be as spirited and busy as is her work life. She and her husband, County Detective Mike Richardson, recently celebrated Laura’s 50th birthday with a trip that took them to Denver, Colo., to watch the Broncos crush the Pittsburgh Steelers in their season opener. After on the move? Don’t forget! Pa.R.D.E. Rule 219(d)(1)(ii) requires that every attorney shall provide his or her current office and residence address, each of which shall be an actual street address or rural box number, to the Disciplinary Board. All changes in address must be reported to the Attorney Registrar within thirty (30) days after such change. Be sure to inform the WBA as well, so you don’t miss any important mail or e-mail communications.

F AS T FACT

ccording to the Pa. Board of Law Examiners, of the 2,077 applicants who took the bar examination in July 2012, 1,606 passed, for A an overall pass rate of 77.32%. NOVEMBER 2012 sidebar • 17

Westmoreland Revisited The Shooting of Henry Clay Frick

by The Hon. Daniel J. Ackerman

nclosed by polished hardwood paneling and window glass, Ethe revolver’s report must have sounded to the three men in the room more like the detonation of an anarchist’s bomb rather than the first of two pistol shots, but the motivation behind it was the same: political terror. An unexpected visitor had appeared that Saturday afternoon, which was just another workday at Henry L Clay Frick’s second The Hon. Daniel J. floor Fifth Avenue Ackerman office. The date was July 23, 1892. A porter took a calling card from L a slender, but robust, 22-year-old Alexander Berkman’s attempt to assassinate Henry Clay Frick, as illustrated by man, who politely requested to see W. P. Snyder in 1892, originally published in Harper's Weekly. Mr. Frick. The caller, using the name Simon Backman, had been to the The man whose sanctuary Berkman H.C. Frick & Company which would office a day or two before, falsely was entering was 42 years old, with a eventually employ 1,000 workers and introducing himself as an employment bearded face which dared opposition. control 80% of Pennsylvania’s coal agent offering to provide substitute In addition to being chairman of the production. laborers at the mill, but did not get board, he was also general manager Now in middle age, he had bound an audience with the chairman of of the company’s new, state-of-the-art himself to Andrew Carnegie and steel, Carnegie Steel. Homestead works. and his timing and positioning were The porter would have judged He had been born in West Overton propitious, for before the turn of the him a foreigner from his appearance and raised near Mount Pleasant century, Pittsburgh’s iron and steel and manner, but the eyes behind the on his parent’s farm. His family production alone would equal that wire-rimmed spectacles evidenced was not particularly well-to-do, of England and would account for sophistication and intelligence. notwithstanding the fact that his half of all production in America. So, with equal courtesy, the porter maternal grandfather was the distiller, Carnegie Steel would be the giant returned the calling card, expressing Andrew Overholt. However, by the of the industry. He was on track to his regret that Mr. Frick was engaged age of 21, young Henry Clay Frick becoming one of the richest men in (he was meeting with the company’s had formed a partnership with his the country; and then his office door vice president, John G. Leishman) cousins that would distill coke from burst open. and could not see him. The visitor— coal in 200 beehive ovens that dotted Frick started to rise from behind whose real name was Alexander the county—a process which produced his conference table, but before he Berkman—turned as if to leave, a far more lucrative product than was erect, the first shot was fired. but then pivoted, and following grandfather’s “Old Overholt.” Likely he saw the gun, but the face in the wake of the porter, pushed In 1880, he borrowed funds from of the intruder was unrecognizable. him aside and burst into Mr. Frick’s Judge Thomas Mellon to buy out Who was this? chamber. his cousins and create the firm of continued on page 18 18 • sidebar NOVEMBER 2012

The Shooting of Henry Clay Frick continued from page 17

THE WOULD-BE ASSASSIN would not fall. The Homestead works, Among his friends—here, and which opened in 1881, with its four in Russia, which he had left four open-hearth furnaces was the nation’s years before—the unforeseen caller leading producer of rolled steel. By the was known as Sasha, the Russian early summer of 1892, the company diminutive for Alexander. There is and its close to 4,000 workers knew some irony in the fact that Sasha’s that a strike or lockout was eminent. childhood was more privileged and With Andrew Carnegie on an comfortable than that of the man he extended holiday at his manor in had come to kill. Scotland, the company’s preparation Born in Lithuania, then a part of for the anticipated strike was placed the Russian Empire, his family soon in the hands of Henry Clay Frick. moved to St. Petersburg. His father A military mindset developed on was a prosperous shoe wholesaler, both sides of the dispute, with the and the Berkmans were tended workers organizing into regiments by household servants and found and companies, and the company’s relaxation in a country summer home. building of what was quickly dubbed Then, in 1881, a bomb exploded L “Fort Frick.” outside Sasha’s school, killing Tsar Alexander Berkman The “fort” was the encasement Alexander II. Sasha, moved by the of the works’ 600-acre complex event and encouraged by the political countryside, notwithstanding in a three-mile-long wooden fence leanings of a brother, immersed his hot, stuffy, and smoke-filled topped with barbed wire. The fence himself in Russian radicalism to the accommodations. But he was not a enclosed three sides of the complex. point where his resulting rebelliousness tourist: the purpose of this pilgrimage The fourth side of the rectangle was and insubordination led to his was solely to play the role of the the Monongahela River. The fence expulsion from school. avenging angel for the workers killed was built with portholes through Following the death of his parents, in the Homestead Riot, though he which rifles might be fired, dotted he left St. Petersburg for New York would have thought such a metaphor with observation towers, and was in 1888, where he joined the Pioneers incompatible with his atheists’ beliefs. illuminated by electric lights. of Liberty—a group of anarchists who In his mind, “The removal of a Negotiations broke down on June were then protesting the convictions tyrant is not only justifiable; it is the 23, with the company announcing and death sentences of like-minded highest duty of every true revolutionist.” that from then on it would only deal radicals charged with participating In his wallet he carried a paper with individual workers, and not the in the Haymarket Riot in Chicago. with some “precious addresses,” union. Work ceased on the first of (On May 4, 1886, a bomb exploded and a newspaper lithograph of Frick. July. It was a lockout rather than a among the ranks of 180 policemen As the train arrived in Pittsburgh, his strike, but the press—and therefore gathered in Haymarket Square to first impression of the city was that the public—would refer to the workers control sympathizers who were attending “the smell was nauseating.” as strikers. a rally in support of strikers seeking an Correctly anticipating that the eight-hour day at the McCormick THE HOMESTEAD RIOT sheriff would find it politically Harvesting Machine Company. Eight Apart from Braddock’s defeat, unpalatable to honor his request to police officers were killed and sixty-seven the warfare at Homestead was the supply deputies to protect company were wounded.) bloodiest armed conflict in the property from a threat, which at that After New York, he took up history of western Pennsylvania. The point was purely hypothetical, Frick residence in Worchester, Mass., where underlying dispute involved the wage employed the services of the Pinkerton he became one of a series of lovers to scale. Carnegie Steel sought to impose Detective Agency, an enterprise which Emma Goldman, a well-known social a sliding scale that would cause wages had made a name for itself by forcibly reformer and anarchist, who herself to rise or fall with the price of steel, quelling union protests. Some 300 was a recent immigrant from Russia. but the company and the union, the Pinkertons had already assembled on Now he had come to Pittsburgh by Amalgamated Association of Iron and the banks of the Ohio River on the a long train ride, during which he had Steel Workers, could not agree to a Ohio side of the state line, where two tried to enjoy the sight of the passing bottom number below which wages barges and the tugboat “Little Bill” NOVEMBER 2012 sidebar • 19 were moored, awaiting instructions. gunners and the use of the gun was same moment, John Leishman, who The instructions arrived on July 6. abandoned when the first shot killed had been conferring with Frick, shoved Union lookouts first saw the one of their own. Berkman’s arm aside, and the bullet flotilla of Pinkertons, who were armed At the end of the long skirmish, went astray. with 300 pistols and 250 Winchester six workers were dead and seventeen Turning on Leishman, Berkman repeating rifles, as it passed under the wounded. Only two Pinkertons died, pushed him aside, pointed the gun Smithfield Street Bridge, and the alarm but about 200 were wounded, most at Frick’s raised head, and pulled the from a steam whistle was sounded. from running a gauntlet of workers trigger for the third time. The sound Workers broke through the fence after they had surrendered. Four days was a metallic click—a misfire—and at the river’s edge and positioned later, on July 10, Governor Robert E. in an instant, the melee unexpectedly themselves to forcibly repel the Pattison belatedly mobilized the ended. A hammer ruthlessly crashed Pinkertons’ amphibious landing at the 8,200-member Pennsylvania National down on the back of Berkman’s head, company docks. As the barges were Guard and sent it to Homestead to wielded by a carpenter who had been brought to the docks, there was an ensure order. working down the hall—a working exchange of demands and threats. man, like one of the many Berkman Each side claimed that the other was THE ASSASSINATION ATTEMPT sought to liberate from “the enemies of the first to open fire, but it really didn’t The reports from Berkman’s the people,” such as Frick. matter: both sides had put themselves revolver, almost two weeks after the For the reader who thirsts for more in a position where violence was arrival of the National Guard, were the action and heroism, there is more to inevitable. last violent echoes of the Homestead add if all sources are to be believed. The sound of gunfire rolled riot. Frick dropped to his knees and Some say that Berkman was not across the river toward Braddock, slumped against his chair. He coughed rendered helpless by the blow and and continued for several hours. The out the words “murder” and “help” as stabbed Frick several times in the leg workers even brought a cannon to he crawled on his hands and knees in with a dagger, or the sharpened end bear, a memento of the Civil War that the direction of the door. Berkman of a rat-tailed file (which one source was borrowed from the Wilkinsburg took aim at the center of the back of suggests was dipped in poison); that chapter of the Grand Army of the the man, who was now below him, Frick, though wounded, overpowered Republic; but the workers were not and squeezed the trigger, but at the continued on page 20

Intellectual Property Law Patents, Trademarks, Copyrights NILS H. LJUNGMAN, JR. NILS H. LJUNGMAN & ASSOCIATES 724-836-2305 [email protected] ljungmanandassociates.com

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The Shooting of Henry Clay Frick continued from page 19 his assailant; that workmen who was guarded, and he had to act quickly restrained Berkman pried open his because the morning paper stated that mouth and removed an explosive his quarry was about to leave on a trip capsule of fulminate of mercury which to New York. would have killed all those present if He consoled himself with thoughts Berkman had bit down on it; and that Frick’s death was insignificant, for finally, that Berkman had originally after all, hadn’t he accomplished his intended to kill Frick with a suicide intended purpose, which was simply bomb, but that the prototype he made to strike terror into the soul of those in failed to detonate upon testing. Frick’s class? On the other hand, fellow Such assertions are scattered among prisoners assured him that Frick’s various written accounts, including survival eliminated the possibility James Howard Bridge’s “The Inside that he would be hung—crushing his Story of the Carnegie Steel Company” hopes of becoming a martyr. Instead of (1903); George Harvey’s privately dying for his cause, “now,” he thought, printed authorized biography, “Henry “they were going to bury me alive.” Clay Frick the Man” (1936); and THE TRIAL memoirs by both Berkman and Emma L Goldman. These assertions, generally Henry Clay Frick Declining offers of legal uncorroborated, may well be fact, but representation, Berkman decided caution is called for since they were names of his friends who might know to represent himself, for, “Lawyers written in the hyperbolic style of the how to make effective explosives. are all in the capitalist camp. ... The times, by those who could well have These he wisely ignored, sensing that Law! It is the arch-crime of the centuries. had motivation to propagandize a they were a ploy by his prosecutors to The path of Man is soaked with the particular point of view. ensnare other anarchists. blood it has shed.” He would offer no What he seemed to have found defense, but rather an “explanation.” THE AFTERMATH even more irritating was the attitude Nor would the jury understand him, Frick was transported to Mercy of his fellow prisoners who didn’t for they, too, belonged to the capitalist Hospital where he was treated and understand his motives. They had no class. “I will use my trial to talk to the promptly discharged to recuperate more use for anarchists than they did People.” at Clayton, his Point Breeze estate, for Frick, and since he was not from When Henry Hobson Richardson where, in the bedroom next to his, Pittsburgh, they thought he must designed the newly completed his wife, Adelaide, was recovering have been crazy to come here and Allegheny County Courthouse, he from the premature birth of a son. do such a thing. When Berkman created an interior courtyard which The infant, Frick’s namesake, would discovered that Frick had survived would allow natural light to enter die eleven days later. Frick improved the assault, he felt distraught and almost every room. While the design to the point that he was able to attend humiliated, deeming himself a failure, drew praise from the public and the the funeral and a mere two weeks while fellow prisoners and guards jibed architectural establishment, when after the shooting, he boarded a trolley him with insulting remarks: “Bad shot, Alexander Berkman was brought headed downtown to resume the ain’t you?” He second-guessed himself, there for trial, he recalled, “The stained business of his office where he left off. wishing he had gone to Frick’s home windows cast sickly rays into the silent At the Allegheny County Jail, instead of his office, but the house chamber ... Everywhere cold eyes met Berkman later related, in an my gaze.” effort to procure the names of his The true bill returned by the co-conspirators (there were none, LawSpeak grand jury charged him with felonious though several local anarchists were assault upon H. C. Frick with intent arrested and released), he was fed salty “Laws are a dead letter to kill; felonious assault on John food and deprived of water for three without courts to expound Leishman; feloniously entering the days before the interrogation was and define their true offices of Carnegie Steel on three abandoned. He then started to receive meaning and operation.” occasions (each a separate indictment); letters from a “striker” who wanted to — Alexander Hamilton and unlawfully carrying concealed blow up the mills, requesting the weapons. NOVEMBER 2012 sidebar • 21

The trial judge offered to appoint counsel, but in man-made law, designed to enslave and oppress Berkman declined the offer. The jury box was already humanity. Secondly ... a lawyer would try to defend, filled with jurors when he entered the room. He was told or palliate, my act from the stand point of the law. he was entitled to four challenges to the seated jurors, and Yet the real question is not a defense of myself, but an he selected four at random from the printed list; four new explanation of the deed. It is a mistake to believe me jurors took their places. on trial. The actual defendant is society—the system of The Commonwealth called their witnesses: a police injustice, of the organized exploitation of the People.” officer, two Frick employees, a detective, a physician, Berkman was becoming irritated and cast angry glances who testified that Frick’s wounds may have been fatal, toward the interpreter, who was translating each word as it and finally Henry Clay Frick, himself. Berkman did not was said in a halting manner, destroying the rhythm he had cross-examine any of them. His only reaction was shouting, worked so hard to achieve. He made his displeasure known “That’s a lie,” when Leishman testified that the defendant and in exasperation asked the interpreter to look onto the tried to kill him. manuscript with him and interpret whole sentences at a When the prosecution rested its case, the judge informed time. The interpreter turned to him, seemingly unable to him that he may call witnesses, but he called none; nor comprehend the request, and then Berkman suddenly would he testify himself. Instead, he informed the court understood. The man was blind! that he wished to read a statement, and the judge allowed At this point the judge suggested that the jury had heard him to proceed. The courtroom was still as the defendant enough, but Berkman, who argued that he was without who had said that he would make his case to “the People,” counsel and had not yet read one-third of his manifesto, rose with a sheaf of papers in his hands, and began to read. pled for more time. The judge gave him five minutes. It was in German! The district attorney rose and Both the trial and sentencing were completed in the objected: if the defendant wishes to make a statement it same day. Back in his cell, the warden remarked, “The judge must be in English. The accommodating judge called a was easy on you. Twenty-two years! Pretty stiff, eh?” recess so that an interpreter might be engaged. With an interpreter, Berkman started reading again. EPILOGUE “I address myself to the People. Some may wonder why Western Penitentiary would not have Alexander I have declined a legal defense. My reasons are twofold. Berkman for the full duration of his sentence; he was In the first place, I am an Anarchist: I do not believe paroled in 1906, after serving 14 years. His active opposition, along with Emma Goldman, to the draft during the First World War resulted in their deportation. In 1936, while living in France, depressed by a long illness, he picked up a revolver once again and took the life he once sought to give up as a martyr. Business disputes between Frick and Carnegie were taken personally, especially by Frick, which led to litigation and a settlement in 1900 that would permanently sever their long business relationship and friendship. About the same time, Carnegie, seeking to lay down the reins of business, sold Carnegie Steel to interests led by J. P. Morgan for $450 million. On closing the deal. Morgan offered his congratulations to Carnegie on “becoming the richest man in the world”—a statement which was not intended as hyperbole. Frick, however, didn’t lag far behind. The transaction led to the creation of United States Steel Corporation, the first corporation capitalized at more than $1 billion, with Frick on its board, holding $61 million of its stock. He also ventured into banking (the Union Trust Company), and invested heavily in a number of railroads. At one time, he was the largest land owner in Pittsburgh, and the builder of the 26-story Frick Building and the William Penn Hotel. Frick’s passion—apart from his continuing hatred of Carnegie, which became an obsession—was his art collection, which was and is one of the finest in the nation. continued on page 22 22 • sidebar NOVEMBER 2012 The Shooting of Henry

Clay Frick continued from page 21 WEWESTMSTMOROREELALANNDD He and Adelaide traveled widely in In Pittsburgh, land devised to the BARBAR FFOOUNDUNDATATION search of suitable works of art. Africa city would become a park bearing his ASASSISISSTTANANCECE FFUNUNDD and Europe were on their itinerary in name. And Clayton, upon the death of 1912 when they had to cancel their his daughter, became the nucleus for e’ve all been there return voyage to New York because the Frick Art and Historical Center, at one time or Adelaide sprained her ankle. The one of the city’s most pleasant and W another. The best Titanic sailed without them. In 1914, informative attractions. laid plans go awry. Or we are Frick moved his family and his art Apart from the ruffians of the blindsided. And we find into a 60-room palace which he had Wild West, whose legends were ourselves slowly sinking constructed in New York City. often created through the penny without the resources to stay His private side was not on display. press and dime novels, Henry Clay afloat. That’s when the After the death of his infant son, he Frick—this eastern businessman and Westmoreland Bar Foundation and Adelaide were devastated by the art collector—was the most notorious Assistance Fund can help. death of their six-year-old daughter, public figure of his time. His drive, Several years ago, the Martha, a loss they would mourn for determination, and skill were major Trustees of the Westmoreland the rest of their days, notwithstanding factors as the United States grew, by Bar Foundation created a the presence of their two surviving reason of its industrial capacity, into a separate fund to provide children, Childs (1883-1965) twentieth century world power.  financial assistance to lawyers and Helen (1888-1984). Helen, SOURCES of Westmoreland County and throughout her long life, would be their families in times of need. the faithful defender of her father’s — Berkman, Alexander, Prison Memoirs of an Anarchist. Mother Earth A subcommittee of the Board reputation, for his death did not Publishing Assn. 1912. Kindle of Trustees approves loans and end the hatred that many felt for him eBook, 2011. grants to lawyers and their because of his actions at Homestead. — Bridge, James Howard, The Inside immediate family members Andrew Carnegie died on History of the Carnegie Steel who have fallen on hard August 11, 1919. Again, Frick was Company. Aldine Book Company, times, often as a result of not far behind him. For some time, 1903. circumstances that were he had suffered from inflammatory — Goldman, Emma, Living My Life. beyond their control. The rheumatism. In November, he Cosimo Classics, 2008. payment of medical bills, contracted a lingering cold, followed — Gutowski, Melanie Linn, “Titanic’s CLE credits, licensure fees, by ptomaine poisoning from eating ‘Just Missed It Club’ An Elite Group,” and expenses related to what was believed to be tainted lobster, Pittsburgh Post-Gazette, April 15, catastrophic losses are some and his heart gave out on December 2. 2010. of the ways in which the — Harvey, George, Henry Clay Frick the FRICK’S LEGACY Assistance Fund has been able Man. Privately printed, 1936. to help. “His death removes a figure — “Henry C. Frick Dies,” New York The information provided intimately connected with the Times, December 3, 1919. is confidential, with only the industrial upbuilding of America,” — Nasaw, David, Andrew Carnegie. Chairperson of the Fund the New York Times reported the Penguin Press, 2006. Committee or the Executive next day. Of his $145 million — Sanger, Martha Frick Symington, Director being aware of the estate, $117 million went to public Henry Clay Frick: An Intimate identity of the recipient. institutions and charities. Adelaide, Portrait, Abbeville Press, 1998. If you, or someone you who would live until 1931, received a — Standford, Les, I’ll Meet You in Hell: know, have nowhere else to life estate in the New York mansion, Andrew Carnegie, Henry Clay Frick turn, please consider contacting with his will providing that after her and the Partnership that Changed Diane Krivoniak as Executive death it and its art would be open to America. Broadway, 2006. Director of the Bar Foundation the public. It would simply be known (724-834-6730) and ask as The Frick. whether the Assistance Fund can help.  NOVEMBER 2012 sidebar • 23 Actions of 45th Annual Red Mass the Board Celebrated JULY 18, 2012 • Membership Committee report accepted as submitted: Maura Spillane and Candice Raymond, participating. • Learned that the 2012 Bench/Bar Conference netted the WBA an unexpected surplus due to the comped rooms, suites, etc., from Bedford Springs. • Agreed to provide compensation to Architect Barry Morris for his years of professional advice to the WBA on building matters. rolific Catholic writer and theologian George Weigel (far left) was the keynote • Civics Education pilot project is ready speaker at the 45th annual Red Mass held on Monday, September 10, at the to move forward; agreed to send out PBishop William G. Connare Center in Greensburg. The Red Mass dates back press releases after teachers and to the 13th century when it marked the official opening of the new term for courts in attorneys are in place and ready to most European countries, and was introduced in the Diocese of Greensburg in 1968. proceed. Sponsored by the Diocese of Greensburg, the Saint Thomas More Society, • Plumber confirmed that we do not and Saint Vincent Archabbey, College and Seminary, in Latrobe, the Mass was have crushed pipes under the first concelebrated by Bishop Lawrence E. Brandt and Benedictine Archabbot Douglas R. floor of the building; he recommends Nowicki (center). Also in attendance were WBA member and President of the Saint that we do not dig up and replace Thomas More Society Shirley Makuta (second from left), WBA President David S. any existing pipes. DeRose (second from right), and Saint Thomas More Society Chaplain Fr. Timothy • Young Lawyers are arranging for Kruthaupt (far right). a golf outing in September for all Podcasts of Mr. Weigel’s remarks and Bishop Brandt’s homily can be heard in the members, with free golf at Cherry Media Center at www.dioceseofgreensburg.org.  Creek. • Agreed to mail golf invitation along with the pool party invitation. • Agreed to partner with Community • Learned that the statewide legal • Learned that Nuremburg film Foundation for next year’s croquet journal website is in development; CLE/community event scheduled for event and encourage more WBA cost is to be distributed among all October 4 is cancelled due to members—not just YL members— legal journals. Approved $600 for speaker unavailability. to participate. this expenditure. • Reviewed results from the four • Confirmed that a CLE with Federal AUGUST 15, 2012 outreach lunches. A common Court Judge Nora Barry Fischer • Membership Committee report request from our members was has been finalized for September 18 accepted as submitted: Suzanne to market local attorneys better to at 3 p.m. Bash, Nelson Berardinelli, and county residents. • Heard request from Laurel Legal Michael Lazzaro, participating. • Approved the Disciplinary Board Services director that LLS could • Agreed to invite PBA Executive request to use first floor rooms for use a board member with strong Director Barry Simpson to the storage of files for Westmoreland accounting-type background. September 12 board meeting to County conservatorship. • Learned that pro se program discuss state dues increases and • Learned that Diane Persin agreed to with Pitt Law School is ready state bar benefits. kick off the Civics Education program to be launched as soon as a local • Agreed to meet with Marketing in late September. Twelve attorneys supervisory lawyer is located. Coach Skip Glenn on September 27. have agreed to participate. • Discussed a possible fund-raiser with LLS to help with their funding and their visibility. • Allocated $300 for UPG anniversary events in appreciation of free use of their facilities for WBA events.  PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org

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DECEMBER 13 Membership Committee, Noon • The 12-step recovery 1 WBA Holiday Dinner Dance & Ned J. Nakles American Inn of meeting, exclusively for WBF Silent Auction, 6 p.m., Court, 5 p.m. lawyers and judges, is in Greensburg Country Club 14 [CLE] Compliance Period downtown Pittsburgh every 5 [CLE] Discovery of Electronically Seminar, 9 a.m. to 3:45 p.m. Thursday at 5:15 p.m. For Stored Information, Noon to 25 Courthouse closed in observance the exact location, call 1:45 p.m. of Christmas Pennsylvania Lawyers Concerned for Lawyers at 6 Children’s Dinner Party with JANUARY 1-800-335-2572. Santa, 5:30 to 7 p.m. 1 Courthouse closed in observance • LCL has a new website at Dine Around: Solstice, of New Year’s Day www.lclpa.org. Attorneys Greensburg, 6:30 p.m. 9 Real Estate Committee, Noon and judges will find informa- 11 [CLE] Bridge the Gap, 9 a.m. tion on how LCL can help 15 Family Law Committee, Noon to 1:15 p.m. them, a member of their 17 Elder Law & Orphans’ Court 12 Business Law Committee, Noon family or a colleague who Committees, Noon may be in distress. It is [CLE] Dependency Potpourri, 21 Courthouse closed in observance confidential and easy to Noon to 1:45 p.m. of Martin Luther King Jr., Day navigate. Visit it today. • Lawyers Confidential Help Line: 1-888-999-1941. www.facebook.com/westbar Operates 24 hours a day. 2013-2014 Board of Directors CANDIDATE INFORMATION FORM Application should be returned to the Westmoreland Bar Association by December 12, 2012.

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