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Back issues from 2000 to the present and a THE NEWSLETTER OF THE comprehensive, searchable index are available WESTMORELAND BAR ASSOCIATION online at www.westbar.org/thesidebar . VOLUME XXIV, NUMBER 1 FEBRUARY 2012 Nominations Announced for 2012 –2013 Board, Committees
DeRose Lazzaro Avolio Flickinger Millstein Noble
he Nominating Committee, • One opening on the Building At the conclusion of the annual comprised of Barbara J. Committee. Five-year term. meeting, David S. DeRose will TChristner (Chair), Jack L. • Two openings on the Board of assume the Bar presidency. Bergstein, David S. DeRose, Timothy Directors. Three-year terms. J. Geary, Karen L. Kiefer, Scott O. The Nominating Committee JOSEPH W. LAZZARO Mears, Jr., Michael V. Quatrini, endorsed five Board of Director The Vice President ensures that the James P. Silvis, Donald J. Snyder, Jr., candidates to run in the April 2 election. WBA’s mission, services, policies, and and Rachel Yantos, met on December Of those five candidates, three have programs are carried out. One one-year 6, 2011, to review applications withdrawn their applications; two term open. submitted for openings on the candidates remain for the two Board oseph W. Lazzaro has been Building Committee, Membership openings. nominated for the position of Committee and the Board of At the annual meeting, participating Vice President. He is completing Directors. The committee’s charge members of the WBA will vote to fill J his third year as a Director on the as outlined in the bylaws is to each of the openings. As stated in the WBA board. recommend to the Board the names WBA bylaws, nominations for any of Joe is a member of the Municipal of at least one prospective candidate these openings will be accepted from Law and Unauthorized Practice of Law for each office to be filled at the the floor. Currently, the committee’s Committees, as well as the Ned J. annual meeting. For the April 2, 2012, recommended candidates are: Nakles American Inn of Court. Annual Membership Meeting, the • Joseph W. Lazzaro , Vice President A graduate of Penn State with a openings will be as such: • Scott E. Avolio , Membership B.A. in Journalism, Joe earned his • One opening on the Board of • Richard F. Flickinger , Building J.D. from the University of Pittsburgh Directors for Vice President. • David J. Millstein , Board of School of Law. He is managing One-year term. Directors partner with Kratzenberg & Lazzaro • One opening on the Membership • John M. Noble , Board of in Irwin, and also serves as general Committee. Five-year term. Directors continued on page 4
IN In Memoriam John Scales To-Wit: Jury Antietam THIS President’s Joanne Awarded by S. Trial Trip ISSUE 29Message 3 Ross Wilder 7 Yale Medal Sponte 11 Verdicts 15 Planned 2 • sid ebar FEBRUARY 2012
President’s Message Why Did You Become A Lawyer?
by Michael J. Stewart, Esq.
an Ackerman would not employment, Dick ventured westward Dean Gormley was not buying have been happy. There would to Pittsburgh to attend law school, any of Mr. Lichtman’s arguments. Dbe no preparation time, no stumbled upon an internship with one He acknowledged that these are rehearsals, for Pupilage Group 4 of of Pittsburgh’s finest trial lawyers, and challenging economic times. Yet the Ned J. Nakles American Inn of discovered his life’s calling. I was influ - tough economic eras are nothing new. Court. My Pupilage enced by my college fraternity advisor, Dean Gormley noted that the legal Group partner, who promised me a position with his profession has survived two World Bob Johnston, and I law firm in then-Happy Valley, State Wars, a Depression, numerous decided to scrap the College, Pa., upon the completion of recessions, and a host of national reenactment of the law school. That was my dream— crises. Dean Gormley noted, “Yet, “Turnpike Killer” practice law in State College and live in the throes of these challenges, case in favor of happily ever after. our graduates have helped run major posing the question, Clearly, on that magical night at law firms, corporations, government “Why did you Inns, none of us regretted our decision offices, and non-profit entities that become a lawyer?” to become a lawyer. Yet the evening’s have served as the engine of this to our members. To our delight, the topic begged the region and this question created its own program. question: Would Commonwealth. Enthusiastic participation from Inns we do it again? We share a body Our graduates members “telling their story” made for Knowing what we of knowledge unique have represented a rewarding night, one that needs to know now, would to our profession. hundreds of be repeated annually. we still choose thousands of So why did we become lawyers? to enter the legal How we use that clients, insuring Tim Geary was confronted by a profession? knowledge makes that our system grade-school nun who questioned him This same issue all the difference. of justice works regarding his future career goals. Tim was addressed in properly. That is was convinced that he would need to the most recent a shining example supplement his initial response of edition of The Pennsylvania Lawyer . of professional success.” “fighter pilot” with a profession more Steven Lichtman, an Associate Dean Gormley stated that law acceptable to the good sister. Tim Professor of Political Science and schools are responding to the produced on both counts. Peggy Pre-Law Advisor at Shippensburg ever-changing legal job market and Tremba was hooked from the first day University, and Ken Gormley, Dean are injecting more skills training she was introduced to TV super-lawyer and Professor of Law at Duquesne in their curriculum in which a host Perry Mason. “The Dame from University School of Law, went of practical skills, including client Dunbar” was destined to become a toe-to-toe on whether law school development, law office management, lawyer and create her own law firm. is a reasonable choice for new and “rainmaking,” are taught by Strong-willed Barbara Christner took graduates. practicing attorneys during the law a more circuitous path. Barbara was Lichtman stated that he is student’s final year of study. Both working as a paralegal when it dawned compelled to steer his students Lichtman and Gormley acknowledged on her that she could do the work away from law school. He stated that that today’s law school graduate needs her bosses were doing but for the lack entry-level jobs that existed in the legal to develop entrepreneurial skills. of a law degree. Continuing to work profession ten years ago are not there Would you still pursue a legal as a paralegal, Barbara earned her law now and aren’t coming back. He career? Would you encourage your degree and never skipped a beat in further stated that studies on a children to attend law school? So transitioning from paralegal to lawyer. national level found that there were many of us have offspring who have Dick Galloway had no burning more than two new bar-exam passers followed us into the legal profession. desire to become a lawyer. His mother for each entry-level job opening. For some, it was a case of joining the worked for a lawyer and she suggested Lichtman was critical of the legal family business. However, I firmly that Dick should consider law school. profession and law schools for failing believe the attraction to the legal Not opposed to postponing full-time to address the changing job market. continued on page 4 FEBRUARY 2012 sid ebar • 3 Remembering Joanne Ross Wilder
Editor’s note: Joanne Ross Wilder, an associate member of the WBA and recipient of lecturer for our 2010 Pro Bono Attorney of the Year award, passed away on November 14, 2011. continuing legal She is survived by her husband, Bruce Wilder, and their son, Charlie; a brother, David education programs. Ross of Charlottesville, Va.; two sisters, Cynthia Ross of Plainfield, Vt., and Diana She taught family Henne of Chambersburg, Pa.; and two nieces, Jennifer Ross and Miranda Henne. law as an adjunct professor at the by J. Mahood, Esq., President. Committed to pro bono University of Wilder & Mahood, P.C. legal services throughout her career, Pittsburgh School Joanne was recognized by the of Law for many years and served on oanne Ross Wilder, a member of Westmoreland Bar Association, L the faculty of the the Pennsylvania, Westmoreland, receiving its 2010 Pro Bono Attorney Joanne Ross Wilder Jand Allegheny County Bar of the Year award. Family Law Trial Associations, died after a brief Joanne was nationally recognized Institute at the South Texas College illness on November 14, 2011, at the as a family law practitioner. She was of Law in Houston. Joanne wrote age of 68. Joanne had practiced law a Fellow of the American Academy extensively on topics in the areas for over 40 years. After practicing in of Matrimonial Lawyers and the of family law, trial advocacy, and Maryland and Louisiana, she moved International Academy of Matrimonial professionalism. She was also the to Pennsylvania in 1972, and began Lawyers, a Diplomate of the American author of West’s Pennsylvania Family practicing with Neighborhood Legal College of Family Trial Lawyers, and a Law Practice and Procedure , a leading Services in Pittsburgh. Joanne served former President of the Pennsylvania treatise on family law in Pennsylvania, as the Managing Attorney in NLSA’s Chapter of the AAML. She also served now in its seventh edition. Joanne Homewood office. In private practice, as Editor-in-Chief of the Journal of was listed in every edition of The she served on the NLSA Board of the American Academy of Matrimonial Best Lawyers in America . Directors, eventually becoming its Lawyers . Joanne was a frequent Joanne was committed to professionalism in the practice of law. She served for many years as a member and then Chair of the Ethics Committees of both the Allegheny Looking for a special way County and Pennsylvania Bar Associations. to remember someone? Joanne is survived by her husband Births • Deaths • Marriages • Anniversaries of 41 years, Dr. Bruce Lord Wilder, Making Partner • Passing the Bar their son, Charlie, and three siblings. Joanne will be remembered by ince 1991, the Westmoreland Bar Foundation has raised those who practiced with her or thousands of dollars to assist the poor, disabled, elderly and sought her advice as someone who Schildren in our community. Through the Memorial Program , you was always available to give counsel, can honor a colleague or loved one with a contribution to the help, and support. She will be Foundation. Your gift will help serve the needs of our own who have remembered, loved, and missed. nowhere else to turn for legal services. If you would like to make a gift to the Foundation as a meaningful expression of respect, please make Please plan on joining us to remember Joanne Ross Wilder check payable to the Westmoreland Bar Foundation at the WBA 50th Annual and mail to WBA Headquarters, 129 N. Pennsylvania Memorial Service to be held Ave., Greensburg, PA 15601. at the Courthouse in May 2012.
the the side bar 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 side bar welcomes Proprietor, Ye Olde ReproBait Shoppe 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 • sid ebar FEBRUARY 2012 Nominations Announced for 2012 –2013
Board, Committees continued from page 1 counsel to Keystone Municipal Westmoreland County Republican RICHARD F. FLICKINGER Collections . Committee; Adjunct Professor, Saint The Building Committee is responsible Vincent College for maintaining the management SCOTT E. AVOLIO Reason for Interest: I am pleased and upkeep of Bar Headquarters. to be given the opportunity to apply The Membership Committee is the first One five-year term open. for the open position on the WBA point of contact most applicants have Professional Background: Sole Membership Committee. I became with the WBA. One five-year term open. Practitioner, Law Office of Richard F. a member of the Westmoreland Bar Professional Background: Partner, Flickinger, Ligonier; J.D. from Association shortly after obtaining my Avolio & Brandstetter, Greensburg; University of Pittsburgh; B.S. in law degree from Duquesne University J.D. from Duquesne University; B.S. in Mechanical Engineering from in 2000, and the benefits and services Economics from Saint Vincent College Lafayette College provided to me then continue now. WBA Activities: Member since 2000; WBA Activities: Member since 1965; Being a member of the WBA has been Planning Committee; Bench/Bar Real Estate Committee; Planning both professionally and personally Committee; Past Young Lawyers Committee; Building Committee; rewarding and I would like to Committee Chair (2004 –2005) Elder Law Committee; Past President stress the importance of joining this Other Professional Information: (1999 –2000) Member, National Italian American organization to all of the young/new Other Professional Information: lawyers in Westmoreland County. Bar Association; Vice-Chair, Solicitor, Ligonier Borough Planning Commission and numerous local charitable organizations; Former President’s Message President and current Director, Valley Players of Ligonier; Former continued from page 2 President and Trustee, Fort Ligonier Association profession goes far beyond “joining in Greensburg, to raise my deceased Reason for Interest: I made the the family business.” brother and sister-in-law’s four motion that the WBA buy the We share a body of knowledge children among family and friends, building which has served as our unique to our profession. How we while I pursued a legal career in home for 20 years, and have been use that knowledge makes all the Westmoreland County. Nearly 35 active on the Building Committee difference. As Dean Gormley stated, years later, all is well. My wife and I ever since—first, with helping to raise “As long as law graduates can use are blessed with seven loving children, funds to pay for its renovation, and their talents to serve others and bring and I have grown to love practicing then, with advising on management fairness to our democratic system, law in my hometown. Yes, I am living and various remodeling projects. obtaining a law degree will always the retooled dream. With real estate matters constituting be a worthwhile endeavor for those As my year as President draws to part of my law practice, an interest who can devise a means to accomplish an end, I am excited for my First in architecture, an engineering it.” Yes, we need to be creative, we need Lieutenants, David DeRose and John background, and hands-on experience to develop entrepreneurial skills, and Greiner. We have worked closely on building a home, I enjoy serving learn how to market our talents. But throughout this year. David is ready on this committee. in the end, we are a service industry and prepared to take the reins and placed on earth to assist others. John is waiting in the wings. I will You may ask what happened to remain committed to the WBA Law Speak my dream of practicing law in Happy knowing that there is no better place Valley. Shortly after graduating from to practice law, raise a family, and get “Mankind censure injustice law school, and six weeks prior to involved in the community than fearing that they may be taking the bar exam and moving to Westmoreland County, Pa. the victims of it, and not State College with my bride, we Mighty proud. because they shrink from experienced a family tragedy—a committing it.” family tragedy with a silver lining. — Plato, “The Republic” My wife and I elected to stay home FEBRUARY 2012 sid ebar • 5
DAVID J. MILLSTEIN Civil Liberties Union (1973 –present), WBA remains high, I want to devote held various offices including more of my time to those kinds of The Director ensures that the WBA’s Treasurer, Secretary, Board Member, activities, if not as a board member mission, services, policies, and programs and, most recently, Chair, Legal then in other ways. are carried out. Two three-year terms Committee (2001 –2011); President, open. JOHN M. NOBLE Professional Background: Partner, Congregation Emanu-El Israel Millstein and Knupp, Youngwood (1979 –1981); Adjunct Professor, The Director ensures that the WBA’s (1995 –present); Sole Practitioner Duquesne University School of Law mission, services, policies, and programs (1980 –1994); Partner, Millstein and (1995 –2000, 2002 –2007); Founder are carried out. Two three-year terms Hoehler (1973 –1980); Associate, and Director of Civil Rights Clinic open. Hollinshead and Mendelson (2000 –2006); PBA Editorial Professional Background: Principal, (1971 –1973); Staff Attorney, Federal Committee (1988 –1994); Contributor, noblemediation, LLC (2009 –present); Communications Commission The Pennsylvania Lawyer (1977 – Meyer Darragh Buckler Bebenek & (1970 –1971); J.D. from Duquesne present); PBA Judicial Evaluation Eck, PLLC (1979 –2009), Equity University; B.S. in Economics from Commission (2001 –present) Partner (1991 –2009), Management Reason for Interest: the University of Pennsylvania I have always Committee/Marketing Director, WBA Activities: Member since been interested and involved in various Managing Partner, Greensburg office; 1973; Chair, Publications Committee, aspects of the WBA, and I’ve always J.D. from Duquesne University; B.A. and Editor, the sidebar (1992 –present); enjoyed working with my colleagues from Washington & Jefferson College CLE presenter (1995 –present); on various WBA activities. Until quite WBA Activities: Member since Member, Ned J. Nakles American Inn recently, my work with the ACLU and 1983; Westmoreland Academy of Trial of Court (2000 –present) my teaching at Duquesne consumed Lawyers; Past Chair, ADR Committee; Other Professional Information: a great deal of my extra time. I no Bench/Bar Committee; Mock Trials Member, Allegheny County Bar longer teach and I have stepped down Other Professional Information: Association (1971 –present); Board as chair of the ACLU legal committee. Member, Allegheny County Bar Member, Westmoreland Symphony Now, I have the time to do other Association (1982 –present); (1976 –1982, 1996 –1998); American things, and since my interest in the continued on page 6
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 6 • sid ebar FEBRUARY 2012 Nominations Announced for 2012 –2013
Board, Committees continued from page 5
Mediator/Arbitrator/Early Neutral More recently, given the evolving thousands of attorneys—while Evaluator, District Court of the times (and shrinking trial lists), I witnessing firsthand the wide variety Western District of Pennsylvania changed course professionally and of the many bar association “cultures” (2006 –present); PBA Professional “reinvented” myself, developing a full- throughout Pennsylvania. Liability Committee Malpractice time mediation/arbitration practice, While it would certainly be a Avoidance Program; Contributing which has taken me throughout much easier path to leave the task to author, The Pennsylvania Lawyer Pennsylvania working with lawyers others, my hope now is to “give back,” (2007 –2008) from all over the country—sharing primarily in grateful thanks to all of Reason for Interest: I moved to “one-on-one” experiences with those who preceded me through the Westmoreland County in 1983 with WBA. My kids are now grown and not one client and not knowing a the nature of my practice provides me single lawyer. Having just passed the Can’t wait to read with the time and financial resources Bar exam, I spent most of my time the sidebar? We can to devote the necessary effort to this at and around the courthouse and e-mail it to you. organization since, very frankly, was educated by some of the most Be among the first to receive I would not be where I am today incredible lawyers and judges I have new issues of the sidebar without the WBA. If elected, it ever known. I doubt any of these when you sign up for e-mail remains my sincere hope to help this many mentors ever realized just how delivery. Send an e-mail to very unique bar association continue much they taught me and how, in [email protected] to positively evolve with the changing and ask to subscribe to the no small way, I continue to carry their e-sidebar. When a new issue is times—reinventing itself where collective personal and professional published, you will receive a necessary—and share my professional influence with me even now, nearly PDF via e-mail immediately. experiences with our Bar leaders 30 years later. toward constructing the future. FEBRUARY 2012 sid ebar • 7 A Conversation with John N. Scales, 2011 Recipient of the Yale Medal
estmoreland County Q SINCE GRADUATION IN the same thing on a Attorney John N. Scales 1954, HOW DID YOU CONTINUE second day each year was one of five individuals TO BE INVOLVED AS A YALE in December. W ALUMNUS? who were selected by the Association A I was out of school for about Q WHAT HAVE of Yale Alumni to receive the Yale YOU DONE ON Medal at a ceremony on November 20 years before getting involved in the 2 AN INDIVIDUAL 17, 2011, in New Haven, Conn. local Pittsburgh Yale Club. The first LEVEL? activity I became involved with in the Since its inauguration in 1952, the A Several years local club was to interview student Medal has been presented to 282 ago, I started going to applicants for admission to the individuals, all of whom showed local schools, where L university. It’s an informal interview, “extraordinary devotion to the ideals I would meet with one-on-one, and grades and SAT John N. Scales of the University,” and demonstrated students who are at scores are rarely discussed. We look their support of Yale through extensive the top of their class, and talk to them 1 for more intangible personal qualities and exemplary service. and encourage them to go to college. and character traits, like leadership Every year, I give the “Annual Q WHAT CHARACTERISTICS potential and creativity. I like to ask Yale Book Award” to one student DO ALL OF THE RECIPIENTS questions like, “What was the most at Greensburg Salem High School. OF THE YALE MEDAL HAVE satisfying experience in your life?” IN COMMON? A school administrator will pick an because the answer can reveal A exceptional student to receive the First of all, you have so much about the person. award. After finding out what the to go to New Haven to I interview five to ten student is interested in or has a passion receive it! It’s awarded prospective students a for, I buy the student a book on that at a dinner during the year. As it was for me, topic and present it to him or her annual meeting of this program is a good as an acknowledgement of the the Association of Yale way to get alumni student’s scholarship. Alumni, which is on involved in other the weekend of the last alumni activities. Q WHAT IS YOUR MOST home football game of Q MEMORABLE ACCOMPLISHMENT the season. The Yale Medal IN WHAT WAY FROM THE THREE-YEAR TERM doesn’t discriminate: it’s WAS COMMUNITY SERVICE YOU SERVED WITH THE ALUMNI awarded to the famous, as well as the A FACTOR IN YOUR RECEIVING ASSOCIATION IN NEW HAVEN? THIS MEDAL? unknown. Major financial donors A Yale’s founder was Elihu Yale, A count among its numbers, but that’s My involvement with the Yale an English businessman who never not a prerequisite. What all of the Annual Day of Service is another way came to the United States, but who recipients have in common is their that I’ve contributed. One Saturday in planted the seed for the University dedication to community service, their May, all over the world, Yale alumni with a gift of thirty-two books to the interest in advancing Yale University, engage in some act of community library. In 2001, I was serving my last and an interest in helping alumni with service. In Pittsburgh, we have an year of the three-year term with the job placement. I thought that many of arrangement with the Greater Alumni Association, and 2001 marked 3 my fellow alumni, who congratulated Pittsburgh Food Bank in Braddock. the 300th anniversary of the founding me on receiving this honor, were On that day, over 25 volunteers, some of Yale. As Chairman of the Club as equally deserving of the honor with their children, assist in providing Committee, I came up with the themselves. Hundreds have done over 600 people with food. And we do idea of commemorating Yale’s 300th what I’ve done. ______birthday with a gift of thirty-two 2 There are 180 Yale Clubs around the world, books to each of several local school ______and six in Pennsylvania. and community libraries. As I 1 From “Yale University Class of 1964,” Class 3 John’s daughter, Lisa Scales, is a lawyer and is News , 22 Aug. 2011; http://alumninet.yale.edu/ the Deputy Director of the Greater Pittsburgh selected the books, I looked for a classes/yc1964/news/holcombe.htm. Food Bank. continued on page 8 8 • sid ebar FEBRUARY 2012 Q&A: John Puppy Love N. Scales Letters to the Judge continued from page 7 our honor, Sir, “The stress of looming exams at It’s my sincere hope that George Mason University School of Yale connection. For example, I the holidays brought you joy Law in suburban Washington, D.C., included books by author David Y and a renewed commitment to think lifted for a couple of hours last week, McCullough, a western Pennsylvanian kindly toward those who are brought thanks to the arrival of 15 homeless who graduated from Yale. before you or those who you may and adoptable puppies with velvety Q IN THE LAST FIVE YEARS, have previously encountered. ears, soul-searching eyes, and names YOU HAVE DONE QUITE A BIT OF Jeeter, my cellmate, received a like Doughboy, Sugar, and Sue. TRAVELLING IN CONNECTION sheath of three pair of “‘Especially at WITH YOUR SERVICE TO YALE. Gold Toe socks as a this time of year, TELL US ABOUT THAT. Christmas present law school seems to A The Yale GALE—Global from his mother, ruin your life’ said Alumni Leadership Exchange—is a which I view as Alison Tisdale, 24, project that enables us to exchange somewhat remarkable a third-year student ideas about what alumni around the since they haven’t from Texas who world can do to promote and support spoken for a couple didn’t go home for their colleges and universities. of years. But despite Thanksgiving because For two weeks each summer for the silence, she won’t she had to study. the last five years, 50 to 60 of us forget her boy at Christmas. Holding a squirming puppy, she said, met abroad—in places like Australia, The rift occurred a few ‘you get to be human again.’ Japan, Turkey, and China—visiting Thanksgivings back, when Jeeter and “After the Yale Law Library added universities and participating in Ernie, his mother’s live-in boyfriend, a ‘therapy dog’ named Monty to its lectures and seminars to address were sharing a couch in front of the collection in the spring, a number current issues faced by university TV and Ernie made some disparaging of other law schools have used the alumni, like the role of community and crude remark about the Eat ‘n gentle yapping of puppies to break service, athletics, admissions, Park girl, not knowing that Jeeter the stifling pressure that blankets employment, research and women’s held a platonic admiration for their campuses.” issues. her. Jeeter thought that maybe a Your honor, Jeeter and I think this We visit foreign universities and we half-dozen stitches across Ernie’s here concept just might have broader exchange ideas, both formally and forehead would be justified in application. Jeeter recalls that his informally. This cultural exchange is a defense of her honor, and that, plus jurors showed not only a degree of fascinating and enriching experience, three more, was exactly what the stress, but their faces betrayed what and so rewarding. emergency room physician put in. he thought bordered on outright Anyhow, the socks were wrapped hostility, which might have softened Q WHAT IS IT ABOUT YALE UNIVERSITY THAT HAS RESULTED in a page from the Post-Gazette , and if they had a puppy to pass about IN THIS LIFELONG LOVE AFFAIR? Jeeter, notwithstanding his general during the district attorney’s closing. A I grew up in the small town ignorance, is a voracious reader. And just think, your honor, how of Trafford in western Pennsylvania. He pressed that wrapping paper humanizing and stress-relieving it There were only 50 students in my flat and started in on it, and in a might be if you had a perky Lhasa high school class. I had not even few moments he was chuckling, Apso sitting on your lap peeking heard the word “calculus” until I pointing with his finger, and saying, across the top of the bench. Jeeter was in college. So when I arrived at “Lookey here.” conjured up the possibility that Yale, I felt as though I had to work The page was dated December 4th, in such a situation, some of your hard to catch up. and what he was poking his finger at two-to-fours might just slacken to I enjoyed the experience so much. was an article titled, “Law Schools eleven-and-a-halves-to-twenty-threes. The atmosphere in New Haven was Try to Ease Stress by Bringing in However you accomplish it, your exhilarating. Other than my family, Puppies.” Allow me to quote from honor, I hope 2012 is a tension-free nothing has given me more joy. the opening paragraphs so your year for you. honor will get a genuine feel for the Your Friend, important points raised in this piece. Ricky H. Benbow, Sr. FEBRUARY 2012 sid ebar • 9 To-Wit: The First Goodbye
by S. Sponte, Esq. moments, trying to smile. Then she From the got up and went back to her desk. moment I first he came into my office and sat Pat—her name is Pat—has been hired her, I knew down in the chair that faces my discussing retirement for some time how lucky I was. Sdesk, same as she has done tens now. Though the conversations always Smart, efficient, of thousands of times before. This upset me, I’ve coped with them, talented, and time though, she carried no mail, no brutally loyal, she notepad, no files. She said nothing at has always done What else is first, but she didn’t need to. everything with So many years together create there to say to a consummate professional skill and significant prescience in such matters. secretary dead set care. No one asks for a raise with I knew what she had to say and I had greater tact than she does, and little desire to hear it. on abandoning me no one accepts “no” with greater “It’s time,” she finally managed to after thirty-five aplomb. utter. years together? If I had to recall just one incident “When?” I answered back. which demonstrates her worth, it “Soon.” would be the afternoon, long before I nodded in acknowledgment but provided you regard the jamming the advent of word processors, that I said nothing else. I mean, what else is of one’s fingers into one’s ears while returned to the office after lunch and there to say to a secretary dead set on humming “na na na na na” as coping. first read her tickler note reminding abandoning me after thirty-five years Now stunned, I just sat there at my me that I had an appellate court together? “Sonofabitch” came to mind desk, trying to face a reality that all brief due that very day. “What?” but traveled no further. Instead, we the foreknowledge in the world could I screamed amiably. just looked at each other for a few never have prepared me for. continued on page 10 10 • sid ebar FEBRUARY 2012 To-Wit: The First Goodbye continued from page 9 where in “You ignored all the earlier of my dirty, little secrets, and trust me reminders,” she replied unfazed, and on this one, they are far safer with her the world even though my own faze had just than they are with me. IISS THHEE WBBAA darted off to hell in a hand basket, Friends like this don’t come along MEMBERR?? we wrote, printed, bound, and mailed often. She cannot be replaced, not off that brief and reproduced record now, not next month, not next year, before the five p.m. postmark dead - not ever, and I will miss her sorely. line. That we were able to accomplish And of course there’s another almost this Herculean feat was due mostly to unbearable poignancy to all of this. her superior secretarial skills, not the We’ve worked together more than half least of which was her uncanny ability our lives, and together we’ve gotten to set back the timestamp on the both old and wizened. I know all postage meter. That kind of talent is too well that with her departure, priceless—and timeless. mine cannot be far behind. She manages my calendar, bills my For now, though, I must learn to clients, pays both my professional and wend my way through the unremitting Have a vacation photo and personal bills, gets my coffee, takes my chaos of a law practice without her. In story you would like to share dogs to the vet, never complains, and truth, though, I am only moderately with your colleagues? has been the inspiration for more of terrified. Come what may, I still have E-mail your photo and the my literary forays into the world of her phone number and I know where who-what-when-where-why to lawyering than anyone else. She has she lives. [email protected] covered my behind more times than © 2012, S. Sponte, Esq. for consideration in a future my mother, making me look far less Can’t get enough Sponte? More articles issue of the sidebar. soiled in the process. She knows all 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. FEBRUARY 2012 sid ebar • 11
January 2012 Civil Trial Term Jury Trial Verdicts
by Beth Orbison, Esq., Thomas L. Jones, Esq., and Monique J. Lafontant Mears, Esq.
f twenty-nine cases listed for adequately, and by failing to perform the January 2012 Civil Jury proper procedures, Plaintiff had to OTrial Term, eight settled, have her left forefoot amputated. fourteen were continued, and two Plaintiffs sought monetary damages, non-jury trials were scheduled. and reimbursement of certain medical There were three civil jury trials, expenses from Defendants. The one summary jury trial, and one Defendants denied the allegations non-jury verdict during the January and alleged that the doctor’s care of 2012 civil trial term. the Plaintiff was within the required standard of care. DENISE KRISTOPAITIS AND Plaintiffs’ Counsel: Richard Levine LARRY KRISTOPAITIS and David Ainsman, Ainsman Levine V. & Drexler, LLC, Pgh. SHANNON MAY Defendants’ Counsel: Alan S. Baum NO. 4116 OF 2008 and R. Kent Hornbrook, Matis Baum Cause of Action: Negligence— O’Connor, Pgh. Motor Vehicle Accident Trial Judge: The Hon. Anthony G. Marsili On March 22, 2007, Plaintiff Result: Verdict in favor of Denise Kristopaitis was traveling Plaintiffs’ Counsel: Robin S. Wertkin, Defendants. southbound on Old State Route 119 Ainsman Levine & Drexler, LLC, Pgh. in East Huntingdon Township, Defendant’s Counsel: Kenneth JOHN LEONARD AND Westmoreland County. Defendant Ficerai, Mears, Smith, Houser, & KATHY LEONARD Shannon May was traveling north on Boyle, P.C., Gbg. V. Route 119 in her vehicle. As Plaintiff Trial Judge: The Hon. Gary P. GERALD J. MOSCHETTI, T/D/B/A attempted a left-hand turn into the Caruso MOSCHETTI INSURANCE AGENCY parking lot of Commonwealth Result: Molded verdict in favor of NO. 8356 OF 2006 Medical Plaza off of Route 119, her Defendant and against Plaintiff. vehicle collided with Defendant’s Cause of Action: Negligence— Property Insurance vehicle. The impact occurred in GERALDINE HALL AND Defendant’s northbound lane of ROBERT HALL, HER HUSBAND This negligence action concerns travel with the front left portion of V. Plaintiffs’ request for personal property Defendant’s vehicle colliding with DAVID KENNEY, M.D., AND insurance coverage. At the time of the the front right portion of Plaintiff’s SURGICAL ASSOCIATES, LTD., incident, Plaintiffs lived in Apollo, vehicle. As a result of injuries sustained A PENNSYLVANIA Westmoreland County, and operated a in the accident, Plaintiff claimed PROFESSIONAL CORPORATION business called Fox Run Equine damages for medical expenses, loss NO. 8616 OF 2007 Center. Plaintiffs had previously of enjoyment of life, disfigurement, obtained insurance from the impairment of earning capacity, and Cause of Action: Negligence— Defendants for their business and pain and suffering. Plaintiff’s husband Medical Malpractice commercial automobiles. claimed loss of consortium. Plaintiffs brought this medical In January 2004, Plaintiffs Plaintiff maintained Defendant malpractice action, alleging that requested an insurance policy was operating her vehicle in an unsafe Plaintiff Geraldine Hall began seeing and coverage for personal property. manner and at an excessive rate of Defendant Dr. Kenney in July 2006 Plaintiffs allege that Defendants were speed. Defendant argued she was for treatment of a non-healing ulcer negligent in failing to provide personal lawfully traveling in her lane of travel on her left great toe. Defendant is property insurance coverage at that when Plaintiff made a left-hand turn a vascular surgeon. Plaintiffs allege time or during any previous time directly in front of her, thereby causing that because of Defendant’s failure period. When a fire occurred in the collision. to treat the wound appropriately and continued on page 12 12 • sid ebar FEBRUARY 2012
Jury Trial Verdicts continued from page 11
September 2004, Plaintiffs’ various items of personal scheduled a colonoscopy at Frick Hospital in Mt. Pleasant property, including, but not limited to, a coin collection, on May 13, 2009. After the procedure, Plaintiff was taken a gun collection, and jewelry, were destroyed with no to a recovery room. After being discharged, but while still insurance coverage in place to compensate them. in the recovery room, Plaintiff stood up and attempted Accordingly, Plaintiffs requested monetary damages to dress, but then fell over, landing on his back and from Defendants. Defendants denied the allegations left ankle. and alleged that Plaintiffs were fully aware of the extent Plaintiff alleged that as a result of the fall, he was of their insurance coverage, and were negligent in failing diagnosed with a non-displaced type 2 odontoid fracture. to properly request or obtain adequate personal property Plaintiff alleged that Defendant was negligent and that insurance. Defendant’s conduct was outside the standard of care. Plaintiffs’ Counsel: David A. Neely, Pgh. Plaintiffs are seeking monetary damages in order to be Defendant’s Counsel: Sheila Burke, Burns White, compensated for the injuries. LLC, Pgh. Defendants Excela Health and Frick Hospital Trial Judge: The Hon. Anthony G. Marsili deny the allegations and allege that their conduct was Result: Unanimous verdict in favor of Defendants. appropriate and within the standard of professional care and that there was no negligence on the part of any CHARLES HELA AND MARTHA HELA, HIS WIFE employee of the Defendant Hospital which caused V. any harm to Plaintiff. EXCELA HEALTH, FRICK HOSPITAL, AND EXCELA A summary jury trial was conducted. HEALTH FRICK HOSPITAL, T/D/B/A FRICK HOSPITAL Plaintiffs’ Counsel: Kevin R. Lomupo, Gilardi, Oliver & NO. 399 OF 2010 Lomupo, P.A., Pgh. Defendants’ Counsel: Suzanne M. Oppman, Thomson, Cause of Action: Negligence—Medical Malpractice Rhodes & Cowie, P.C., Pgh. In 2009, Plaintiff Charles Hela was 83 years old and Trial Judge: The Hon. Anthony G. Marsili had various medical conditions. His primary care physician Result: Hung jury. The jury was deadlocked at 5-3.
Intellectual Property Law Patents, Trademarks, Copyrights NILS H. LJUNGMAN, JR. NILS H. LJUNGMAN & ASSOCIATES 724-836-2305 [email protected] ljungmanandassociates.com
• Over 30 years of practice before the U.S. Patent and Trademark Office • 95% success rate in obtaining U.S. patents with over 1600 U.S. patents issued (overall average success rate for all U.S. patent practitioners is 46%) • Registered at Canadian Patent Office with over 300 patents issued • Registered over 300 Federal and Pennsylvania trademarks • Obtained patents in all major countries, including European Union, Japan, China, U.K., Germany, Brazil, Mexico, etc.
Bachelor’s degree in Engineering from New York University Master’s degree in Electrical Engineering from Drexel University J.D. from Temple University Chemistry studies at University of Pittsburgh Registered Professional Engineer (Pennsylvania) Formerly Assistant Professor at Villanova University Formerly Doctoral Candidate in Mathematics at Bryn Mawr College FEBRUARY 2012 sid ebar • 13
Westmoreland Revisited Jeremiah Murry Burrell
by The Hon. Daniel J. Ackerman
is likeness is frequently Reverend McGill, with whom the boy In 1847, he seen, though not recognized likely boarded, rather than commuting was appointed to Hby present-day lawyers, in the three miles to the parsonage. The a judicial seat, as two courthouse paintings, both in pastor was apparently proficient in president judge in courtroom number 5. One is a fresco instructing Jeremiah in Latin, mathe - the Tenth Judicial set in a cartouche on the wall above matics, and the rest of his curriculum, District, which the jury box, the other for the lad eventually would graduate then covered not a framed oil painting with honors from Jefferson College in only Westmoreland at the rear of the Washington County. County, but also courtroom. And The untimely death of his father the area embraced if place names are resulted in Jeremiah and his mother by Armstrong, L criteria for fame, establishing a new residence in Cambria, and Jeremiah Murry Burrell one would think Greensburg. There, Jeremiah read Indiana counties as that Jeremiah Murry law in the office of Richard Coulter, a well—a seat he would soon temporarily Burrell was one of mentor who would later hold a seat on relinquish. the most famous the Pennsylvania Supreme Court, and L individuals ever to who was the uncle of another Richard CONFIRMATION BID REJECTED The Hon. Daniel J. have lived in western Coulter, also a lawyer after being one The problem was that while he Ackerman Pennsylvania. His of his uncle’s later pupils. The nephew had been nominated for the position name is affixed would become a veteran of twenty- by Governor Francis R. Shunk (1845- to three townships and a city in eight Civil War battlefields and a 48), the senate rejected his bid for Westmoreland, Armstrong, and Greensburg financier. (See the sidebar , confirmation. However, the governor Indiana counties. Yet very few know May-June 2006, at 15.) proceeded with the appointment anything about this young lawyer notwithstanding the senate’s action, and and judge. EARLY CAREER Burrell began serving on May 24, 1847. Admitted to our bar in 1835, Having second thoughts about ALL IN THE FAMILY at age twenty, the new lawyer lost the legality of his action, the governor Place names from his family got no time in building a practice and vacated Burrell’s appointment and their start when his namesake and becoming a well-known stump speaker nominated in his place John C. grandfather, Jeremiah Murry, an Irish for the Democratic Party. In fact, Knox, from Tioga County. Knox was immigrant who dropped the prefix success came so swiftly that in 1839, confirmed, and took the seat on May “Mc” from his surname, thought it at age twenty-four, he purchased a 22, 1848. But Burrell would be back. was a good idea to establish a grist mill newspaper, the Pennsylvania Argus , An amendment to the Pennsylvania and store on the bank of the Turtle which he used as a vehicle for his Constitution in 1850 required the Creek adjacent to the Forbes Road. political views, a common practice election of judges, and Burrell, not A young physician, Dr. Benjamin in the nineteenth century, and not being a political unknown, mounted Burrell, who had also crossed the uncommon today. a successful campaign in 1851, mountains, deemed the same location Five years later, he was a vociferous and reclaimed the judicial post a suitable place to establish a medical supporter of James Knox Polk, who the following year. practice, though his decision may have would defeat the Whig candidate, While he undoubtedly presided been influenced by the attractiveness Henry Clay, to become the eleventh over more consequential and complex of Jeremiah Murry’s daughter, Sarah, president, and who would eventually matters, his presence on our bench is whom he married in 1814. lead the nation into a war with Mexico. primarily remembered for a ruling on Jeremiah Murry Burrell would first Burrell’s political efforts, however, a petition, shortly after his election, see the light of day in Murrysville on were not spent solely on others and he which sought to excise a new township September 1 of the following year. succeeded, at the same time as Polk, in out of lands in Allegheny Township. The Burrells saw that their only his own election bid for a seat in the Upon granting the petition, the nascent child would receive a classical primary General Assembly which he held in township supervisors, in a fawning education under the tutelage of a 1845 and 1846. continued on page 14 14 • sid ebar FEBRUARY 2012
Jeremiah Murry Burrell continued from page 13 tribute to the decision of their judge, sympathizers would become typified named the new municipality Burrell and burned into the public mind Township. It, in turn, would be divided the following year by the massacre into two townships in 1879, both of of pro-slavery settlers at Pottawatomie which would have his name. Wisely or Creek by John Brown and his sons. not, depending on your point of view, You may recall that President Pierce this type of judicial encomium was appointed another Westmoreland limited to Burrell and not repeated. (City County lawyer, John White Geary, of Caruso? Municipality of Marsili?) to be the Territorial Governor of Kansas, an appointment which would GO WEST, YOUNG MAN L follow Burrell’s by ten months. (See If Burrell’s first judicial appointment Jeremiah Murry Burrell appears in two the sidebar, April 2010, at 13.) Neither was a bit of a fiasco, the second would paintings in Courtroom No. 5: this fresco would find success. Geary proved have dire consequences. On September set in a cartouche on the wall above the unable to stop the violence that gave 13, 1855, President Franklin Pierce jury box, and a framed oil painting at the rise to the term, “Bleeding Kansas,” and appointed him United States Justice rear of the courtroom (see page 13). Judge Burrell would lose his health. of the Territorial District of Kansas. According to the World Health Leaving his wife, the former Ann Elizabeth Richardson, Organization, in 2008, there were 247 million cases of and six children in Greensburg, he embarked on a 900-mile malaria, resulting in one million deaths, mostly among journey to the territorial capital, a desolate outpost at children in Africa. While, for all intents and purposes, the Lecompton. The decision to leave his family behind is disease is now non-existent in Europe and North America, understandable, for certainly at the time of his appointment in the 19th century it spread across the globe, putting half Burrell would have been aware of the sacking of Lawrence, of the world’s population at risk, with one in ten expected to Kan., by pro-slavery ruffians only several months earlier. die. It was this parasite which entered Burrell’s blood stream The open warfare between free-state and pro-slavery while in Kansas and attacked his red cells. Too weakened to carry out his judicial duties and unimproved by the herbal remedies of the day, Judge Burrell left Kansas, shortly after his arrival, to return home. Reunited with his family, the still-young Jeremiah Murry Burrell, age 41, died in his Greensburg home on October 21, 1856, his promise and potential unrealized. His name, however, has remained.
SOURCES: — Albert, George Dallas, History of Westmoreland County Pennsylvania, L. H. Evans & Co., 1882. — History. 1 Oct. 2011.
Actions of And Baby Makes ... the Board Jerry and Kathleen Yanity welcomed their first child— a daughter named Nicola Adele—into the world on NOVEMBER 9, 2011 January 27, 2012. Nicola, born 4 weeks early, was • Met with Fee Dispute Committee 6 lb 13 oz. and 20 inches long. Jerry, a sole practitioner about Pa. Security Fund’s request in Latrobe, says, “We like her and we are going to that the findings of each fee dispute keep her. I have clients who fuss and whine more hearing be shared with them for than she does!” their use in matters that come before them. Agreed to keep policy “as is” • Agreed to hold the annual judges/bar and not share findings with this leaders meeting on January 18, at 4 court-related agency. Antietam p.m., with these topics of discussion: • Agreed to share the decision with Pa. Bench/Bar Conference participation; Security Fund’s executive director. Battlefield civility training; pro se representation. • Agreed to pursue website advertising • Reviewed program for the winter for 2012. Tour Planned quarterly meeting, set for Thursday, • Agreed to hire, if needed, a facilitator January 26, at 4 p.m., at the n September 17, 1862, to help move the civics ed project Greensburg Garden and Civic Center. Union and Confederate forward. • Agreed to honor Judge Kelley, who is armies engaged in a battle • Agreed to send President Stewart, as O retiring from Commonwealth Court near Sharpsburg, Md., which became representative of the WBA, to the at the end of December, and to do so known as the “bloodiest day in Boy Scouts dinner, where Judge at the quarterly meeting. Driscoll would be honored. American history.” On Saturday, • Young Lawyers Committee report: • Learned that the Lawyers’ Suite may September 8, 2012 , former WBA —YL lunch and learn with the be ready for occupancy as early as member Ralph Conrad and current judges held on December 8. March 2012. Agreed to expend up to member Don Rigone will lead a tour —YL Santa party, also held on $5,000 to outfit the Lawyers’ Suite. of the Antietam National Battlefield December 8, had the best turnout • Agreed to provide complimentary for WBA members and their guests to ever with 30 children. copies of the pictorial directory to honor those armies. • Agreed to submit a written status courthouse staff. As in past battlefield tours, a block report on Judge Caruso’s proposed of rooms will be reserved for Friday Orphans’ Court Monitoring Project DECEMBER 14, 2011 night. Members are asked to arrive the to the judge. • Membership Committee report night before so the group can board • Agreed to move the Dinner Dance accepted as submitted: Daniel the bus and promptly leave the hotel for 2012 to a traditional event: Schimizzi, Bruce Antkowiak, Robert parking lot at 8:30 a.m. on Saturday. seated formal meal. Stone, Cori Kapusta, and Joseph If there is enough interest from Tkocs, participating. • Agreed to have the Activities Committee work on the Dinner members, the WBA will cover the • Heard report that Civics Ed Committee cost of the tour bus. Tour guests will will take its time to develop lesson Dance entertainment, food selection, and silent auction. be responsible for hotel charges, their plans and fine-tune the project. own food, and a nominal fee at the • Agreed to investigate the possibility • Agreed to host a Westmoreland Antietam National Battlefield. of hosting the local viewing of the Symphony event on Saturday, See the insert in this issue for more Holocaust film “Nuremburg: Lessons February 4, with buy-one-get-one- information and plan on joining us for of Today,” and to offer CLE credit free tickets, and to host a reception along with free public showing of the following the symphony. this historic trip. documentary. • Tabled discussion on proposed • Agreed to reactivate the Activities marketing/ad policy until the On The Move ... Committee to help with WBA February board meeting. activities. Members will be appointed STUART J. HORNER, JR. to the committee. has moved his office to 603 Florence Street, Greensburg, PA 15601, effective January 1, 2012. He can be reached by phone at 724-834-0692 or e-mail at [email protected]. PRESORTED STANDARD U.S. POSTAGE Westmoreland Bar Association PAID 129 North Pennsylvania Avenue GREENSBURG, PA Greensburg, PA 15601-2311 PERMIT #678 www.westbar.org
save the dates! April 2, 2012 WBA/WBF Annual Meeting June 14-15, 2012 26th Annual Bench/Bar Conference, Bedford Springs Resort
CALENDAR OF EVENTS LAWYERS CONCERNED All committee meetings and activities will be held at the WBA Headquarters unless otherwise noted. Visit www.westbar.org for more information FOR LAWYERS about activities and CLE courses, or to register online . CORNER
MARCH 18 [CLE] Personal Injury Top 25, • The 12-step recovery 2 Noon to 2:15 p.m., 2 substantive Ski Outing, Seven Springs meeting, exclusively for credits available 8 Membership Committee, Noon lawyers and judges, is in 24 [CLE] Compliance Period 14 Real Estate Committee, Noon downtown Pittsburgh every Seminar, 9 a.m. to 3:15 p.m., 15 Thursday at 5:15 p.m. For Elder Law & Orphans’ Court 4.5 substantive and 1 ethics the exact location, call Committees, Noon credit available Pennsylvania Lawyers 21 New Member Ceremony, Concerned for Lawyers at 11:30 a.m., Courtroom 1-800-335-2572 . No. 3, Westmoreland County Got News? • LCL has a new website at Courthouse, followed by a Do you have news to share with www.lclpa.org . Attorneys Reception in the Commissioners the sidebar? Making Partner? and judges will find informa - Meeting Rooms Marriage? Birth? Anniversary? tion on how LCL can help APRIL Accomplishments? Send us a them, a member of their fax at 724.834.6855 or e-mail family or a colleague who 2 Annual Meeting of the [email protected], and may be in distress. It is Westmoreland Bar Foundation we’ll publish your news in the confidential and easy to and Westmoreland Bar next available issue. navigate. Visit it today. Association • Lawyers Confidential Help Line: 1-888-999-1941 . Operates 24 hours a day. www.facebook.com/westbar SAVE TH E DATE FRIDA ! M Y, ARCH 2
ATTENTION: ALL SKIERS AND SNOWBOARDERS FRIDAY, MARCH 2 AT SEVEN SPRINGS EXPERTS AND BEGINNERS WELCOME Have you tried the WBA Ski Outing? We would love to have you join us for this annual event. What better way to spend a Friday in March than on the slopes at Seven Springs? And lunch is on the Bar Association: complimentary beer, soda, and pizza. Why not mark your calendars and plan to join in the winter fun? Discounted lift tickets ($31) and ski ($18) and snowboard ($28) rentals are available. Purchase tickets at the ski ticket office at Seven Springs, but call the WBA at 724-834-6730 or RSVP online at www.westbar.org so we can keep track of how many people are going. ANTIETAJOMIN UBS AFOTR TTHELWEBAFMEIMEBELR D TOUR SATURDAY, SEPTEMBER 8, 2012
n September 17, 1862, on what Hagerstown, Md., is an easy 2 1/2 hour became known as the “bloodiest drive from Greensburg; Frederick, Md., is THE ITINERARY Oday in American history,” Union and about 15 minutes further east. he day-long tour will cover part Confederate armies engaged in a battle near If there is enough interest from members, of the Battle of South Mountain Sharpsburg, Md. On Saturday, September 8, the WBA will cover the cost of the tour bus. T(September 14, 1862), and all 2012 , former WBA member Ralph Conrad Tour guests will be responsible for hotel major parts of the Antietam National and current member Don Rigone will lead a charges, their own food and a nominal fee Battlefield. As in the past, we will tour of the Antietam National Battlefield for at the Antietam National Battlefield. Your attempt to schedule a mid-day lunch WBA members and their guests to honor tour guides, Ralph Conrad and Don Rigone, break at the Bavarian Inn in nearby those armies. will donate their tour services and no Shepherdstown, Md. As in past battlefield tours, a block of 1099s will be issued. After completion of the tour in rooms will be reserved for Friday night at the afternoon, the group will return a hotel in either Hagerstown or Frederick, to the hotel around 5:00 p.m. For Md. Rooms will also be available for those To determine whether those planning to stay over Saturday there is sufficient interest, wishing to stay over on Saturday. Touring complete and return the night, a group dinner may be arranged. members are asked to arrive at the hotel form below to the WBA by Harpers Ferry, W.Va., is located Friday, March 9, 2012 . on Friday evening for an overnight stay so a short distance south of Antietam the group can board the bus and promptly Final commitments will be National Battlefield, for a self-guided due June 29, 2012. leave the hotel parking lot at 8:30 a.m. tour on Sunday, September 9. on Saturday.
ANTIETAM BATTLEFIELD TOUR SATURDAY, SEPTEMBER 8, 2012 YES, I am interested in attending the Antietam Battlefield Tour.
Name ______
Number of adults ______Mail to WBA, 129 N Pennsylvania Ave, Greensburg PA 15601-2311, fax 724.834.6855, or e-mail [email protected] by Friday, March 9, 2012 .
WESTMORELAND BAR ASSOCIATION
DINE AROUND spring edition! 3 NIGHTS, 3 RESTAURANTS, 3 GREAT MEALS
Join other bar members and their guests for an informal evening of food and conversation. The Dine Around will travel to three different eateries on three different weeknights over three months. Register for the ones that interest you, or register for all three. There are openings for approximately 30 attendees with no registration costs. Reservations are necessary and taken on a first-come, first-served basis. Register online at www.westbar.org, or call the Bar office at 724-834-6730 to reserve your Dine Around date(s). Start time: 6:30 p.m. • Cost: On own, as ordered from menu.
TUESDAY, MARCH 20: SOLSTICE NEW! 911 GREEN STREET, GREENSBURG, PA 15601 Solstice is a 50-seat upscale casual restaurant that takes pride in making each dish in their kitchen from scratch with locally sustainable produce. The menu is changed twice a year to reflect the changing seasons. Each week, Chef Gary Klinefelter produces Chef’s features that are sure to please your palate. Solstice is also proud to offer 20 wines by the glass, 8 draft microbrewed beers, and other specialty crafted bottled beers from around the world. www.solsticegbg.com
N WEDNESDAY, APRIL 18: JAFFRE’S ITALIAN RESTAURANT EW! 259 MAIN STREET, YOUNGSTOWN, PA 15696 Jaffre’s Italian Restaurant at the Tin Lizzy in Youngstown strives to serve the freshest seasonal dishes available by using local vendors and farmers to promote community growth. All menu items are house- made fresh, with no added preservatives. With a menu full of delectable appetizers, antipasti, insalata, pizza, and your favorite Italian pastas, entreés, sandwiches, and desserts, you’re sure to leave Jaffre’s full and content. Find Jaffre’s on Facebook.
TUESDAY, MAY 22: THE BACK PORCH 114 SPEER STREET, BELLE VERNON, PA 15012 Located on the banks of the Monongahela River, the Back Porch Restaurant offers charm, history, and friendly service. The impressive two-story brick structure was the 1806-built home of ferry-owner Henry Speers. Diners enjoy glowing fireplaces in winter and the menu offers familiar comforts—duck Chambord, veal Oscar, chicken piccata and signature baby-back ribs. Join us early for cocktails, starting at 6 p.m. www.backporchrestaurant.com $)&$& !!, #* (($((#( $ ( '("$&!#&''$ ( $# #',. & 65.6456 $)&(##+ !!&$ # -( #+'(""&'$ ( (( ##)!+ "&'&"$#,' )! $& #',. & 65.6456. #&"$# !$)&(&$$"37 (( '("$&!#$)#(,$)&( $)'(55/740"0 (($&#,'! !($%&( %( #( '%&'#(( $#/ ( !#0&)( &' (( +0 #!& ( 0 & '("# # !0 " -- &!' 0&)$+' $&(0($# &0 !0 $&#' & $&,0+# " 0 $# !! '$#0 ! #(&)!! $'% 0 $' !)# $#) (&%( $#+ !! ! #( $"" '' $#&'2 ( # $$"'(( $#!)' $#$ ( &"$#,0 , & 58( ($( & :681;7819:74$& & '(&$#! #(+++0+'(&0$&
An accredited provider for the PA Board of Westmoreland Bar Association — Continuing Legal Education Personal Injury Top 25 2 Substantive Credits — Live —
Wednesday, April 18, 2012 12:00 pm - 2:15 pm WBA Headquarters Personal Injury Top 25 u The 25 things every attorney needs to know about handling a personal injury Seminar Fees: case
PRE-REGISTRATION: (Must be prepaid & received at the WBA Speaker: Michael D. Ferguson, Esquire office by 12 pm April 17, 2012) Ferguson Law Associates CLE Credit WBA Members- $30 per credit hr. Non-Members - $50 per credit hr. Two (2) SUBSTANTIVE Credits are available toward your annual CLE requirements. Non-Credit $10 Flat Rate Waived for Young Lawyers (practicing 10 years or less) You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register. ______OR submit the form below.
WALK- IN: CLE Credit WBA Members- $40 per credit hr. April 18, 2012 Personal Injury Top 25 Non-Members - $50 per credit hr.
Non-Credit Name:______■ Enclosed is my check made payable to the Westmoreland Bar $20 Flat Rate Association. Waived for Young Lawyers Attorney I.D. # ______■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for (practicing 10 years or less) $______(Amount). Address:______
Card # ______Pizza and soda will be provided. Email:______Westmoreland Bar Association 129 North Pennsylvania Ave. Expiration Date ______Greensburg, PA 15601 724-834-6730 Three digit security code on back of card ______Fax: 724-834-6855 Pre-Registration Fees Non-Credit: Credit Card Billing Address ______www.westbar.org CLE Credit: ■ $10 Flat Rate For refund policy information, or if special arrangements are needed for the disabled, ■ WBA Members - $30 per credit hour ■ Waived for Young Lawyers (practicing 10 years or less) please contact the WBA Office at ■ Non-Members - $50 per credit hour 724-834-6730, or by e-mail at [email protected] To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm April 17, 2012. An accredited provider for the PA Board of Westmoreland Bar Association — Continuing Legal Education CLE Compliance Period Seminar 4.5 Substantive & 1 Ethics credits available
Tuesday, Session 1 — 2 Substantive Credits Session 3 — 1 Substantive Credit April 24, 2012 9:00 am – 11:00 am (Video from 4/18/12) 1:00 pm – 2:00 pm (Video from 1/19/11) Personal Injury Top 25 New Child Custody Legislation-Effective Jan. 24, 2011 WBA Headquarters Passage of House Bill 1639, amending Titles 23 (Domestic Relations) 9 am - 3:15 pm w The 25 things every attorney needs to know about handling a and 42 (Judiciary and Judicial Procedure) of the Pennsylvania personal injury case Consolidated Statutes relating to child custody.
Seminar Fees: Speaker: Michael D. Ferguson, Esquire Speaker: Bruce C. Tobin, Esquire Ferguson Law Associates Westmoreland County Custody Hearing Officer PRE-REGISTRATION: (Must be prepaid & received at the WBA office by 12:00 pm April 23, 2012) Session 4 — 1 Ethics Credit CLE Credit Session 2 — 1.5 Substantive Credits 2:15 pm – 3:15 pm (Video from 1/26/12) WBA Members- $30 per credit hr. Sex with Clients: Honor in the Profession Non-Members - $50 per credit hr. 11:15 am – 12:45 pm (Video from 11/16/11) “Sex with Clients” is about honor in the profession. The lurid title Overview of “PA New Fair Share Act” is meant to attract lawyers’ attention to the notion that the personal Non-Credit w Fundamental changes regarding Joint and Several Liability interest of the lawyer can create a conflict of interest, even when the $10 Flat Rate w Practical Ramifications for attorneys personal relationship with a client is somewhat short of sex. We will Waived for Young Lawyers discuss the genesis and effect of Pennsylvania’s new rules of conduct (practicing 10 years or less) Speaker: Michael D. Ferguson, Esquire concerning a lawyer’s romance with a client. Ferguson Law Associates WALK- IN: Speaker: Mark D. Yochum, Esquire CLE Credit Professor of Law, Duquesne University School of Law WBA Members- $40 per credit hr. Non-Members - $50 per credit hr. Four and a half (4.5) SUBSTANTIVE and One (1) ETHICS Credits are available toward your annual CLE requirements. Non-Credit $20 Flat Rate Waived for Young Lawyers April 24, 2012 Video Compliance CLE Pre-Registration Fees Non-Credit: (practicing 10 years or less) CLE Credit: ■ $10 Flat Rate Name:______WBA Members - $30 per credit hour ■ Waived for Young Lawyers Pizza and soda will be provided. Attorney I.D. # ______Non-Members - $50 per credit hour (practicing 10 years or less)
Westmoreland Bar Association ■ Enclosed is my check made payable to the Westmoreland Bar Address:______129 North Pennsylvania Ave. Association.
Greensburg, PA 15601 ■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for Email:______724-834-6730 $______(Amount). Fax: 724-834-6855 Card # ______Phone: ______www.westbar.org Expiration Date ______For refund policy information, or if Sign me up for: Three digit security code on back of card ______Credit Card Billing Address ______special arrangements are needed for the ■ Session 1 – 2 substantive credits ■ no credits disabled, please contact the WBA Office ______■ Session 2 – 1.5 substantive credits ■ no credits at 724-834-6730, or by e-mail at To qualify for pre-registration, please return this form and your [email protected] ■ Session 3 – 1 substantive credit ■ no credits payment to the WBA Office, 129 North Pennsylvania Avenue, ■ Session 4 – 1 ethics credit ■ no credits Greensburg, PA 15601, by 12:00 pm April 23, 2012. Westmoreland Academy of Trial Lawyers is pleased to sponsor this seminar
An accredited provider for the PA Board
An accredited provider for the PA Board Westmoreland Bar Association of Continuing Legal Education
Emotional Stages of a Divorce Live — 1 Substantive Credit Available
Discussion will focus on ways an attorney can ivorce is both a legal process as well as a Tuesday, Dpsychological process. The legal process initiate positive change on behalf of a client: is stressful and oftentimes frustrating for • Recognize that an attorney is not a mental May 1, 2012 the litigants. It is essential that matrimonial health counselor and should assist the client in 12:00 pm -1:15 pm attorneys do not underestimate the emotional obtaining professional counseling/therapy when WBA Headquarters fragility of their clients and offer direction at a needed pivotal time in their client’s life. • Assure the client that the “system” will allow Seminar Fees: him or her sufficient time to “emotionally catch Speakers: up” with the initiator and that in the interim, you PRE-REGISTRATION: will protect his or her economic interests (Must be prepaid & received at the WBA Michael J. Stewart, Esquire office by 12 pm April 30, 2012) Dr. Kathleen J. Stewart, Psy.D. • Familiarize the client with the provisions of the CLE Credit PA Divorce Code WBA Members- $30 per credit hr. Non-Members - $50 per credit hr. • FREE for WBA Family Law Address necessary change in a positive manner Committee Members not Non-Credit wishing CLE credit. $10 Flat Rate • FREE for members of the WBA Family Law Committee One (1) Substantive Credit is available toward your annual CLE requirements. • Waived for Young Lawyers (practicing 10 years or less) You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register. OR submit the form below. WALK- IN: CLE Credit Emotional Stages of a Divorce ■ Enclosed is my check made payable to the Westmoreland Bar WBA Members- $40 per credit hr. Non-Members - $50 per credit hr. May 1, 2012 Association. ■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for Non-Credit Name:______$______(Amount). $20 Flat Rate Attorney I.D. # ______Card # ______Waived for: • Family Law Comm. members • Young Lawyers (practicing 10 years or less) Address:______Expiration Date ______Westmoreland Bar Association Email:______Three digit security code on back of card ______129 North Pennsylvania Ave. Greensburg, PA 15601 Phone: ______Credit Card Billing Address ______724-834-6730 Fax: 724-834-6855 Pre-Registration Fees Non-Credit: www.westbar.org CLE Credit: ■ $10 Flat rate For refund policy information, or if special ■ WBA Members - $30 per credit hour arrangements are needed for the disabled, please ■ Waived for WBA Family Law Comm. members ■ Non-Members - $50 per credit hour contact the WBA Office at ■ Waived for Young Lawyers (practicing 10 years or less) 724-834-6730, or To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, by e-mail at [email protected] 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm April 30, 2012. w
An accredited provider for the PA Board of Westmoreland Bar Association — Continuing Legal Education — Live — Negotiating Addendum Clauses in Oil and Gas Leases 1 Substantive Credit Available
Wednesday, Each gas company has its own base form lease and all additional negotiated terms must May 16, 2012 be contained in the Addendum which “supersedes” the base lease. This seminar will 12:00 pm - 1:15 pm discuss the process and pitfalls of negotiating addendum clauses. WBA Headquarters Topics of discussion: v Gross Royalty v. Net Royalty: Post Production costs and their effect on royalties Seminar Fees: v How to address acreage adjustment in the addendum PRE-REGISTRATION: (Must be prepaid & received at the WBA v Pugh clauses and how to deal with: office by 12 pm May 15, 2012) a) orphaned acreage CLE Credit b) release of shallow formations WBA Members- $30 per credit hr. c) release of deep formations Non-Members - $50 per credit hr. v Explaining risk to clients (of your fees) in the event that title issues arise and upfront bonus never comes w 9:00 am - 9:45 am Behind the Scene Case from the Perspective of a Non-Credit Westmoreland County Caseworker $10 Flat Rate Presenter: Lynda M. Dupre, Esquire Presenters, Jason Rahuba and Jennifer Baumgartner Waived for Young Lawyers (practicing 10 years or less) ______You may pre-register for this seminar by visiting the westbar.org website. You must “LOG IN” to register OR submit the form below. w 9:45 am - 11:15 am Overview of Applicable Statutes WALK- IN: One (1) Substantive Credit is available toward your annual CLE requirements.
Presenter, Mary Ann Grec, Solicitor CLE Credit WBA Members- $40 per credit hr. 11:15 - 11:30 BREAK Non-Members - $50 per credit hr. May 16, 2012 Negotiating Addendum Clauses in Oil and Gas Leases w 11:30 am - 12:00 pm Non-Credit Review of Acronyms utilized in the Juvenile Dependency Court $20 Flat Rate ■ Enclosed is my check made payable to the Westmoreland Bar Waived for Young Lawyers Name:______Association. 12:00 pm - 1:00 pm — LUNCH BREAK (practicing 10 years or less) ■ Bill my ■ MasterCard ■ VISA ■ DISCOVER for Attorney I.D. # ______$______(Amount). Lunch will be provided. Card # ______Address:______Expiration Date ______Westmoreland Bar Association ______Three digit security code on back of card ______129 North Pennsylvania Ave. Email: ______Credit Card Billing Address ______Greensburg, PA 15601 Phone: ______724-834-6730 Fax: 724-834-6855 Pre-Registration Fees Non-Credit: CLE Credit: ■ $10 Flat Rate www.westbar.org ■ WBA Members - $30 per credit hour ■ Waived for Young Lawyers For refund policy information, or if special (practicing 10 years or less) arrangements are needed for the disabled, ■ Non-Members - $50 per credit hour please contact the WBA Office at 724-834-6730, or To qualify for Pre-Registration Seminar Fees - Please return this form and your payment to the WBA Office, by e-mail at [email protected] 129 North Pennsylvania Avenue, Greensburg, PA 15601, by 12 pm May 15, 2012.